March 15, 2010 – Legislative Bill Tracking

• January 01, 1970
  
  

  Posted on Mar. 16, 2010

  Last Thursday marked the deadline for bills to clear the floor in their House of Origin. All bills not passed in their House of Origin are now considered dead for the 2010 session. Bills still alive now go to the opposite chamber for Committee consideration.

  April Legislative Deadlines

  • April 1, 2010 – Senate – House Bills in Senate Committees Deadline
  • April 8, 2010 – House – Senate Bills in House Committee Deadline
  • April 22, 2010 – House and Senate – Final Legislative Day for Third Reading and Final Passage of a Measure in Opposite House of Origin

  State Revenues Improve

  In a bit of encouraging news this week, State Treasurer Scott Meacham on Tuesday said the state may finally be seeing the end of the recession. Although the margin was slight, state revenue collections in February exceeded the official monthly estimate for the first time since December 2008. But they still fell short of collections for last February 2009. General revenue collections for February totaled $220.6 million, which was $800,000 above the estimate but $17.3 million below the previous year. Gross production taxes on oil in February generated $25 million, which helped the financial picture for the month, as did individual income tax collections.
  

  Economic Development & Tax Policy

  OK Econ Dev Bon Pool HB 3286 by Rep Skye McNiel and Sen Todd Lamb - passed the House this past week 87 to 11. This bill enhances the Oklahoma Economic Development Pooled Finance Program. Last year, the legislature passed HB 2067, which has already resulted in successes such as Hitachi Computer Products of America Inc.’s recent decision to break ground on a $15 million, 200,000-square-foot expansion project in Norman. The revisions to the Oklahoma Economic Development Pooled Finance Program in HB 3286 will allow the ODFA to maximize their issuing capacity of the two $100 million fixed pools by allowing the reduction of principal when bonds are retired and refresh their issuing capacity. This will be accomplished with no fiscal impact to the state. This bill now heads to the Senate for consideration. Jobs Bill for Engineers – HB 3287 by Rep Skye McNiel and Sen Dan Newberry passed the House this week 71 to 21. This legislation creates income tax credits identical to those created in HB 3239 (Aerospace Engineering bill) (2008) for employers and employees related to specific engineering fields if the engineer has not performed any engineering services in the State of Oklahoma. Let me underscore the title is off the bill and HB 3287 still has a fiscal impact. Therefore we have work to do on this one. But this will be a work in progress. The Floor Substitute does not amend the aerospace credits enacted in 2008 (those credit structures would remain in place as enacted in HB 3239) Credits are based upon tuition reimbursement to the engineer and for compensation paid to the engineer and are related to engineers with degrees for the following EDGE field areas: Agriculture, Biology/biotech, Genomics, Weather science and technology, Telecommunications, and Sensors. The Employer receives income tax credit of 50% for tuition reimbursed to a qualified employee (an engineering graduate). Employer receives an income tax credit which is a variable percentage of compensation paid to the qualified employee (an engineer). Employee receives an income tax credit of up to Five Thousand Dollars ($5,000.00) per year for compensation paid to the engineer by a qualifying company. The credits are not available unless: 1. The company is organized under Oklahoma law and has never done business and has never incurred any type of state tax liability prior to the time the engineer is hired, OR 2. An out of state company has been in legitimate business activity for a period of one (1) year prior to beginning business in Oklahoma and has not done any business in Oklahoma prior to the time the engineer is hired. Tax Credit Reform – HB 3397 by Rep. Skye McNiel and Sen Todd Lamb proposes reforms to the Small Business and Rural Business Capital Formation Act requiring that all proceeds, instead of half, of the qualified investments must be spent within 18 months and limiting qualified investments to $30 million in each venture. Before a tax credit is authorized, businesses must provide proof of compliance with expenditure requirements. The bill passed the House and now proceeds to the Senate. Business Owner Protection Act – HB 2946 by Rep Fred Jordan and Sen Patrick Anderson – This bill passed the House 89 to 7 this week. It makes changes to require a plaintiff to notify any defendant of an assertion that a facility does not comply with the American with Disabilities Act and standards regulating construction 120 days prior to filing a petition for civil action. This allows a common-sense reform related to the American with Disabilities Act. AccessNow.com, an out-of-state group, is fueling class-action lawsuits against Oklahoma property owners. This change simply provides that if there is an ADA claim against a property owner, notice must be given first. If the property owner does not rectify the problem, suit can then be filed. This bill now heads to the Senate for consideration. Quality Jobs – SB 1966 by Sen. Ron Justice and Rep Skye McNiel amends the Small Employer Quality Jobs Incentive Act to allow for 24 months, rather than 12 months, for qualifying businesses to employ a required number of employees. Also allows 24 months for them to achieve the requirement to have 75 percent of their sales to out-of-state entities. The bill passed the Senate and now proceeds to the House. Quality Jobs – SB 2124 by Sen. Mike Mazzei and Rep Jeff Hickman amends the Quality Jobs Act to allow support activities for rail transportation and water transportation to apply and qualify for Quality Jobs Act incentives. The bill passed the Senate and now heads to the House. Tax Credit Reduction – HB 2641 by state Rep. Steve Martin would reduce tax credits offered by the State of Oklahoma by the amount of credits claimed on federal returns for the same investment unless excepted in a specific prevision of the law. The bill passed the House and now proceeds to the Senate. Grocery Sales Tax Ban – SB 1328 by Sen. Jay Paul Gumm would eliminate sales taxes on groceries when state revenues exceed 10 percent more than what the state collected in FY 2008. Estimated revenue impact is $406 million. The state would reimburse counties, cities and towns for revenue lost through the elimination of the tax. The bill passed the Senate and now goes to the House. Unfair Sales Tax Bill – SB 1860 by Sen. Sykes – This bill would have repealed the 6% sales markup law for retail sales in Oklahoma. The bill was not given a hearing on the Senate floor and is now dead for the session. Oklahoma Winery Sales – SB 1886 by Sen. Mike Schultz allows licensed wineries in OK to sell their wine to other licensed wineries in OK for the purpose of selling said wine or further wine production. This bill has passed the Senate and now proceeds to the House. Healthy Corner Stores HB 3015, by Rep. Seneca Scott - would make healthy corner stores eligible for Agricultural Linked Deposit Loan Packages of up to $350,000. “Healthy corner stores” are defined as those grocery stores certified by the Oklahoma Department of Agriculture, Food, and Forestry that market fresh fruits and vegetables and nutritious foods and for which the sale of beer and tobacco comprise less than 10 percent of its gross sales (excluding gas and other non grocery items). This bill passed the House and now proceeds to the Senate. Property Tax Freeze – SJR 57 by Sen. Jim Reynolds would have allowed a statewide vote on freezing property valuations for older Oklahomans, regardless of income. The measure is reportedly one of the top agenda items for the Senate GOP, but failed to receive 25 votes needed to pass in the 48-member Senate. However, Senate President Pro Tempore Coffee said, “I suspect Sen. Reynolds and other members of my caucus are going to work very hard to find a way to get something done on that issue this year.“ Intangible Property Tax – SJR 61 by Sen. Glenn Coffee creates a task force to examine and make recommendations regarding the State Supreme Court’s decision on intangible property taxes. The bill passed the Senate and now heads to the House. TransportationEminent Domain – HB 3053by Rep. Pat Ownbey and Sen Johnny Crutchfiled requires that if a property taken by eminent domain is not used for a public purpose within ten years, it must be offered to the owner from which it was bought, or his heirs, at the original price. The bill passed the House and now heads to the Senate. Gilcrease Feasibility Study – SB 1764 and HB 3220 by Sen. Brian Bingman and Speaker Chris Benge both authorize a feasibility study for a new turnpike in Tulsa to complete the Gilcrease Expressway. Both bills now head to the opposite chamber for consideration. County and City Road Construction – HB 2646 by Rep Fred Jordan and Sen Dan Newberry passed the House this week 97 to 0. This legislation contains the statutory changes needed to allow counties to perform road work in municipalities with populations over 5,000, without the necessity of a designated county sales tax, subject to a mutually approved agreement. This legislation is needed due to an Attorney General Opinion 2008 OK AG 9, that states that Counties may NOT use funds for construction, repair or maintenance of streets within a municipality with population over 15,000 (11 O.S. §36-113). Cities between 5,000 -15,000 can only have county assistance if the county has passed a sales tax with the proceeds earmarked for the same. This statutory change is needed because many cities gave up their portion of ad valorem tax millage in exchange for the counties assistance on city streets. It made more sense to have an economy of scale with the county purchasing heavy equipment for streets than each city purchasing their own. Cities paid the county for the materials, but the county provided the equipment and labor in return for the cities not requesting their portion of the 15 mills as provided under Constitution Article 10 §9. Turnpike Revenue Bonds – SB 1773 by Sen. Randy Brogdon and Rep Jason Murphey would have required that turnpike revenue bonds or bonds issued by the Turnpike Authority have a two-thirds vote of the Legislature. Also requires a two-thirds vote of the Legislature to change toll amounts. The measure failed in the Senate and is now dead for the session. EducationCharter Schools – HB 2753 by Rep. Lee Denney deletes the limit on the number of new charters that can be established in any given year. The legislation restricts charter school establishment to districts of at least 5,000 average daily membership and in counties with more than 500,000 in population except when a district has a school site on the state’s school improvement list. The legislation also requires charter schools to comply with graduation requirements established by Oklahoma law. The bill will next be considered in the Senate. Math Requirements – SB 1610 by Sen. Jim Halligan Increases math requirement from three to four units. The bill passed the Senate and now heads to the House.“Needs Improvement” Principle Review – SB 1617 by Sen. Jim Halligan requires that principals of schools on the “needs improvement list” for four consecutive years shall receive a performance review from Department of Education. The bill passed the Senate and now heads to the House Government Modernization Streamlining licenses and permits – HB 2310, by Rep. Jason Murphey – establishes a pilot program to integrate several licenses and permits with a one-stop Web site administered by the Department of Commerce. The bill would encourage a real-time environment where business owners can receive instant license and permit approval. The bill passed the House with a vote of 66-33 today and will now proceed to the Senate. HealthCareProvider Reimbursement Rates -The Oklahoma Health Care Authority rescinded a 3.5-percent cut in provider reimbursement rates, made possible by supplemental funds made available earlier this month. The OHCA used $5.2 million of its supplemental funding to rescind the 3.5-percent cut, which was scheduled to go into effect April 1. However, an earlier 3.25-percent provider rate cut will remain in effect in order to balance the current year’s budget.

  OSEEGIB Reforms – HB 2324 by Rep. Murphey and HB 2888 by Rep. Moore seek to streamline state employee health insurance benefits. The bills are based on recommendations made in a report by Milliman Inc. to the Oklahoma State Employee Health Insurance Review Working Group, which met during the interim last year. The report was requested to examine the functions of the Employees Benefit Council (EBC) and the Oklahoma State Education and Employees Group Insurance Board (OSEEGIB) and to determine if a duplication of efforts existed between the two agencies. Both bills will now move to the Senate.

  WIC Farmers Market Initiative – HB 2775, by Rep. Kris Steele, would give low-income Oklahomans access to fresh fruits and vegetables for their children. The legislation is an effort to improve overall health in Oklahoma, especially for children. The bill allows usage of the federal supplemental nutrition program for Women, Infants, and Children (WIC) at local farmers’ markets. The bill passed the House unanimously and now moves to the Senate.

  Healthy Communities/Smoke Free Rebate – HB 2774 by Rep. Kris Steele authorizes the State Department of Health to implement a rebate program to reimburse restaurant owners for a portion of the expenses incurred in complying with the statutory requirements for a designated smoking room if the restaurant converts to a completely smoke-free environment. The measure also directs the State Department of Health to establish programs for the voluntary certification of communities and schools that promote wellness and creates a system of monetary rewards to schools, subject to available funding that earn certification. The bill passed the House now heads to the Senate.

  Any Willing Institute – HB 2731 by Rep. Wade Rousselot would create a Task Force to study the feasibility of creating an “Any Willing Institute” program where medical institutions may be compensated by insurance companies for services provided regardless of a contract with the insurer. The bill’s author said it was filed because some major insurers will not cover services provided at the local hospital in rural areas, forcing those citizens to either pay more out-of-pocket or drive many miles to another provider. The bill passed the House and now proceeds to the Senate.

  Public Safety Texting Ban – HB 3250 by state Reps. Sue Tibbs and Danny Morgan would make it illegal to text while driving and also would ban cell phone use by teenage drivers with a learner’s permit. The bill passed the House and now proceeds to the Senate. Meth Registry – HB 3380 by Rep. Randy Terrill requires individuals convicted of methamphetamine crimes would be required to register with the state. The meth offender registry would be similar to the existing sex offender registry. Under the bill, all individuals convicted of possession, manufacture, distribution or trafficking of methamphetamine would be required to register with the state. Individuals in the registry would be blocked from purchasing pseudoephedrine at the point of sale and prohibited from possessing pseudoephedrine. It now proceeds to the Senate.

  Meth Rental Property – HB 3021 by Rep. Seneca Scott requires landlords to disclose to prospective tenants if a rental property was used for methamphetamine production in the past. Under current law, realtors have to tell a buyer of a home if the property used to be a meth house in the past. House Bill 3021 would extend that right to renters. It passed the House and now proceeds to the Senate for a hearing.

  Impounding Uninsured Cars – HB 2331 by Rep. Steve Martin utilizes a recently activated instant-verification system available to law enforcement officers to determine if vehicles are covered by qualifying liability insurance. Law enforcement officers would enter a license tag number into a database and know immediately if a car is insured. If a car is uninsured, it could be seized immediately by the officer and towed to an impoundment lot until all of the requirements of the law are satisfied. The bill passed the House and now proceeds to the Senate.

  Workers’ CompensationAttorneys’ Fees Reform – SJR 66 by Senate President Pro Tem Glenn Coffee would further limit the amount paid to workers’ compensation attorneys when they win a case. It would put the issue to a vote of the people. Supporters and critics don’t agree on how the legislation would affect an injured worker. The bill passed the Senate and now proceeds to the House.

  Major Comp Reform Bills – SB 1973 and HB 2652 by Sen. Coffee and Rep. Sullivan both passed their respective houses this week. These measures institute major reforms to the state’s workers’ comp system and will now go to the opposite house for consideration.

  CompSource Sale – Rep. Dan Sullivan and Sen. Cliff Aldridge, authors of legislation to privatize CompSource Oklahoma, both agreed to pull their bills and continue a Task Force looking at the issue of privatizing CompSource.