May 24, 2010 – Legislative Bill Tracking
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January 01, 1970
Posted on May 24, 2010
We are entering the last week of the legislative session. By law, the legislature must adjourn the 2nd session of the 51st Legislature this Friday, May 28, 2010, no later then 5:00 p.m.
This week Speaker Benge, Sen Coffee, and Governor Henry announced a long awaited agreement on the FY 2011 budget. To fill a $1.2 billion revenue shortfall, the legislative leaders and the Governor proposed a balanced budget using a series of agency cuts, reserve and stimulus funds, revenue enhancements and other savings and consolidations across state government. The agreement was touted by leaders as being designed to shield core services by enacting smaller, targeted cuts to key agencies in education, health care, public safety and transportation.
Under the agreement, $6.68 billion in General Revenue will be appropriated to state agencies and programs, a 7.6 percent reduction in total appropriations from the original FY 2010 budget.
Lawmakers used about $500 million in federal stimulus money and $277 million in cash reserves, leaving only about $100 million in savings. The state had a $1.2 billion budget hole. Cost recovery methods will include, among other things, expedited tax collections, increased permit fees and a moratorium on tax credits.
As part of the agreement, K-12 education and career technology education will receive cuts of 2.9 percent. Higher education’s budget will be reduced by 3.3 percent.
The Department of Public Safety will be cut by only 1 percent. The Department of Corrections will receive a 3 percent reduction. The Department of Agriculture received a 14.5 percent cut, and the Department of Commerce received a 12.7 percent cut.
The agreement also calls for providing additional, long-term funding to the Oklahoma Department of Transportation for road and bridge maintenance and repair efforts.
Despite receiving a small decrease in state appropriations, the Oklahoma Health Care Authority will receive an increase in overall funding from an insurance payer fee to address expected cost increases in health care programs.
The Department of Mental Health and Substance Abuse Services will be cut by 0.5 percent and the Department of Veterans Affairs by 3.5 percent. The agreement also calls for a $5 million line-item appropriation to senior nutrition programs and $12.4 million to the Rural Economic Action Plan or REAP.
General Appropriations Bill Passed
Late this week, the Oklahoma House and Senate gave final approval to the $6.68 billion General Appropriations budget bill, Senate Bill 1561, for the upcoming fiscal year that includes cuts to state agencies that average about 7 percent. It is being held in a parliamentary procedure, but should be on its way to the governor early next week. There were several budget bills, detailed in this week’s legislative review, which were also passed. Many more will be passed next week as part of the FY 2011 budget agreement.
During floor debate, some Democrats argued the cuts to state programs went too far, while some Republicans said the cuts didn’t go deep enough. Still others opposed the variety of fee increases, tax credit moratoriums and other income-enhancing items needed to make the budget balance.
“If each one of us had the pen and had the budget in front of us, we would write it differently,” House Speaker Chris Benge, R-Tulsa, told his colleagues during debate in the House. “If we sat down and wrote a budget, we would have 101 different versions of what this budget would look like. It is a true product of consensus.”
The Senate approved the budget on a 42-5 vote, while the House voted 66-27. Members of both parties cast opposition votes.
Healthcare
Insurance Payer Fee: HB 2437 by Rep. Cox and Sen. Mike Johnson: creates a 1-percent payer fee on claims paid by insurance companies to fund Medicaid. It is estimated to generate $78M in revenue. As a key provision of the FY 2011 budget agreement, this measure failed to secure the necessary votes in the House to take effect immediately; meaning funding for the Oklahoma Health Care Authority could come up short. It is estimated the fee would initially be matched 3-to-1 with federal dollars to fund health care. Rep. Doug Cox, R-Grove, who is a physician and author of the measure, said he didn’t think the fee would result in those paying it being unable to afford health insurance. Cox said Medicaid providers have already seen a 3.25 percent cut in rates. Without raising additional revenue, those who work in the medical industry and support it could lose their jobs, he said.
Hospital Provider Fee Debated on Senate Floor – During debate in the Senate on the General Appropriations bill on Friday, Democrats quizzed Senate Appropriations Chair, Mike Johnson, as to why a hospital provider fee was not included in the budget. Johnson said lawmakers likely will battle a larger budget hole in the next budget year and a provider fee might be something they should consider.
Oklahoma Medical Loan Repayment Program: HB 1043 by Rep. Sears and Sen. Crain - provides educational loan repayment assistance for up to 6 licensed primary care doctors per year (WHEN FUNDING IS AVAILABLE), if they agree to practice in certain communities. The Conference Committee Report for this bill has passed the House and Senate and will now go to the Governor for his consideration of signing into law.
County Inmate Healthcare Costs: HB 2573 by Rep. Trebilcock and Sen Coffee - If no contract exists between the medical provider and the County, the sheriff shall reimburse health care providers for the medical care and treatment for inmates in county jails according to the Oklahoma State and Education Employees Group Insurance Board (OSEGIB) Fee Schedule and payment must be made to medical provider within 45 calendar days. The final Conference Committee report has been submitted.
Tax credits moratorium
Both tax credit moratorium bills passed this week are a part of the FY 2011 budget agreement.
Broad Moratorium on Tax Credits: SB 1267 by Sen. Mazzie and Rep. Hickman – Two-year moratorium on 30 tax credits for investments. The effective date is July 1, 2010. It is estimated $25 in savings. Voted on in the House on Friday, the bill sparked more than an hour of debate before finally passing 62-35. Although enough members switched their votes to reach the required 68 votes for HB 1267 to take effect July 1, 2010. The bill’s author, state Rep. Jeff Hickman, R-Dacoma, said the moratorium “buys us some time” to study the state’s tax credit program to determine whether they produce jobs and should remain in effect. “The choices are ugly and uglier, bad and worse,” Hickman said. “The question is, if not this, then what? Every penny counts when we’re in a budget situation like we are.” SB 1267 is being held on a motion to reconsider.
Rural and Small Business Moratorium: SB 1590 by Sen. Mike Johnson and Rep. Miller – Two-year moratorium on the rural capital investment tax and a small business capital credit. The effective date is June 1, 2010. It is estimated to generate $25.7M in savings. SB 1590 passed the Senate with the emergency clause in tact Friday with a vote of 41-4. The bill will now be heard in the House.
Other Economic Development & Financial Services
Intangible Personal Property: SJR 61 by Pro Tem Coffee and Speaker Benge - Places moratorium on the levy of franchise tax and levy a tax in lieu of ad valorem taxes on intangible personal property of businesses. The Conference Committee report has been passed by the House and Senate and will now go to the Governor for his consideration of signing into law.
Discretionary/Special Needs Trust Act: HB 2171 by Rep. McCullough and Sen. Anderson - Creates the Oklahoma Discretionary and Special Needs Trust Act provides provisions applying to trusts regardless of a spendthrift provision. The Conference Committee report has been passed by the House and Senate, and sent to the Governor for his consideration of signing into law.
Business District Annexation: HB 3236 by Rep. Jackson and Sen. Newberry – Allows business districts to annex adjacent property by a vote of those to be annexed. Allows business districts to be assessed to fund capital improvements of the district. The Conference Committee Report passed the House and Senate and will go to the Governor for his consideration of signing into law.
Compulsory Insurance Law: HB 2331 by Rep. Steve Martin and Sen. Stanislawski – Requires officers to verify compliance with the Compulsory Insurance Law online during all traffic stops and requires that anyone found or believed to be in violation or otherwise barred from driving have their vehicle towed and seized. The Conference Committee Report has passed the House. The measure awaits a vote in the Senate.
Revisions to Oklahoma Economic Development Pooled Finance Program: HB 3286 by Rep. McNiel and Sen. Lamb - allows the Oklahoma Development Finance Authority 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. The bill allows ODFA to issue its obligations in order to provide net proceeds on a pooled basis not to exceed one hundred million dollars for the Infrastructure Pool or for the Economic Development pool. The Conference Committee Report passed the House and the Senate and has been sent to the Governor for his consideration of signing into law.
REAP Reforms: HB 3291 by Rep. McNiel and Sen. Justice - Allows Rural Economic Action Plan Funds to be spent in areas with less than 7,000 people; House CC: McNiel, DeWitt, Russ, Shoemake, Enns, Kouplen – Senate GCCA. Conference Committee Substitute reported from Senate GCCA. It now awaits a hearing on the House floor.
Fees Paid to Financial Institutions: HB 2936 by Rep. Russ and Sen. Newberry – The bill has minor language changes to the amount of fees paid to financial institutions by the government for copies of financial records of customers. Senate CC: Newberry, Bass, Aldridge, M. Johnson, Bingman, Ballenger. House CC: Jackson, Liebmann, Terrill, Martin (Sc), McDaniel (R), Blackwell, Schwartz, Thompson, McPeak, Shumate, Carey, Morgan, Auffet. The Conference Committee report passed the House. The measure awaits a vote in the Senate.
Workers’ Compensation
It is anticipated the omnibus workers comp reform bill, SB 1973 by Senator Coffee and Rep. Sullivan will be signed out of Conference Committee this week and voted on in the House and Senate. The final version, which was circulated by Rep. Sullivan on Friday, as currently drafted, would make a number of changes to the state’s workers’ comp system, including:
· Cuts the Permanent Partial Disability rate by 10%;
· Limits Permanent Total Disability;
· Tightens up the definitions;
· Eliminates two workers’ compensation judge positions;
· Restricts such judges to one eight-year term;
· Requires Senate confirmation on all workers’ compensation judges;
· Resolves a problem that has arisen whereby claimants could sue both in workers’ compensation court and district court.
CompSource Oklahoma HB 2658 by Rep Dan Sullivan and Sen Cliff Aldridge. The House narrowly approved legislation to allow state agencies to buy workers’ compensation insurance from private insurers, rather than the state provider, CompSource Oklahoma. The House voted 54-43 for the measure last week and sent it on to the Senate for a vote. But an emergency clause for it to go into effect as soon as it is signed by the governor failed to receive the required two-thirds vote. It will now go into effect in November 1, 2010 if it becomes law. It allows state agencies to purchase private workers’ compensation insurance. Currently, agencies must purchase the insurance from the state provider, CompSource Oklahoma. The measure also extends for another year a task force that is considering whether to sell CompSource. It will now go to the Senate for consideration on the floor.
General Government
Agency Consolidation: HB 3035 by Speaker Benge and Pro Tem Coffee – Creates and names the Oklahoma Executive Branch Agency Consolidation Act of 2010. A shell Conference Committee report was rejected in the House, and the measure has now been sent back to conference for further consideration.
Fiscal Impact Bills: HB 3054 by Speaker Benge and Sen. Lamb - Requires that bills which would have a direct adverse fiscal impact be assigned to the respective Senate/House standing committee or subcommittee that is primarily responsible for bills pertaining to municipalities. House CC: Benge, Sherrer, Billy, Steele, Lamons, Johnson – Senate GCCA. Conferees were unable to agree.
Stiffens Penalties on Sales Tax Exemption – SB 1321 by Sen. Jay Paul Gumm and Rep Randy Terrill Extends punishment for vendors refusing to acknowledge sales tax exemption status from an administrative fine to being guilty of a misdemeanor and fined no more than $500. Conference Committee report was adopted and passed by the Senate, and has been set on the House Floor agenda.
Construction Industries Board: SB 1872 by Sen. Coates and Rep. Jordan - Obliges that the Construction Industries Board include the explicit plans and specifications in their requirements of an application for project review prior to bid dates, and clarifies language in relation to such applications. Conference Committee report submitted, title and enacting clause restored. Awaits a hearing on the Senate floor.
Building and Occupancy Permit: SB 1900 by Sen. Coates and Rep. Jett – Requires an entity that issues occupancy permits after the issuing of a building permit, the entity must obtain verification that the owner or contractor has remitted any sales tax. The Conference Committee report was submitted and passed by the Senate. Awaits a hearing in the House.
Construction Information Sharing Act: SB 2236 by Sen. Coates and Rep. Jones – Creates the “Construction Project Information Sharing Act”. Directs the Construction Industries Board to create a website to publish information about construction projects. Conference Committee report submitted and Title and Enacting Clause restored. Awaits a hearing on the Senate floor.
Transportation
It has been reported the FY 2011 budget agreement provides long-term funding to the Oklahoma Department of Transportation for road and bridge maintenance and repair efforts. Since originally reporting the details of the agreement, additional information about the legislative vehicles and what they contain have been made known.
Appropriations Bill for Transportation Department: SB 1466 by Sen. Mike Johnson and Rep. Ken Miller – is the appropriations vehicle for Dept of Transportation and will be the vehicle for General Appropriations bill revisions needed for the transportation agreement. This bill was reported from Senate GCCA and now needs to be reported from House GCCA. It includes language to:
· Raise annual allocation from $30 M to $35.7 M for debt service
· Cap raised from $370 M to $400 M
· In the GA bill there is a mistake in SECT 65 page 24, line 17 it had the incorrect amounts referenced to an incorrect transportation fund. Therefore “Highway Construction & Maintenance Fund” is being stricken and replaced with “State Transportation Fund”
Car Tag Fees (within an appropriations vehicle) HB 2359 by Rep. Miller and Sen. Mike Johnson - was signed out of Senate GCCA late this week as part of the budget agreement on FY 2011. The measure now includes language that delays the transfer of the late car tag fees to ODOT by one year. This is an estimated $12 million dollars, however these are revenues ODOT has never received. The Conference Committee Substitute was reported from Senate GCCA, but was laid over in House GCCA.
Tag Renewal Process: SB 1954 by Sen. Anderson and Rep. Jackson – Establishes that individuals must select between any motor license agent in the state and the Tax Commission to process any registration renewal or other request. Agents will receive fees for registration renewals. The Conference Committee report was passed by the Senate, and is set on the House floor for consideration.
Airport Protection Act: SB 1960 by Sen. Coates and Rep. Shannon - Creates the ‘Airport Protection Act’. Regulates the use of land and construction around public airports. Conference Committee report submitted and Title restored. Awaits a hearing on the Senate floor.
Agriculture
Board of Ag Weights and Measures: SB 1857 by Sen. Coates and Rep. Sullivan - Stipulates the Board of Agriculture will adopt standard weights and measures for products in conformity with federal standards as adopted by the National Conference on Weights and Measures. Senate Conferees: Coates, Justice, Barrington, Schulz, Ivester, Crutchfield. House Conferees were assigned: Sullivan, Armes, DeWitt, Liebmann, and Pruett.
Municipal Government
Local Govt Infrastructure Cost Recovery Payment Act: HB 1786 by Rep. Shannon and Sen. Newberry – Creates the Local Government Infrastructure Cost Recovery Payment Act; creates the Local Government Infrastructure Cost Recovery Revolving Fund. Sent to the Governor for his consideration of signing into law.
Disabled Parking Permits: HB 2567 by Rep. Wesselhoft and Sen. Leftwich – Modifies procedures regarding the regulation of disabled parking permits to include the acceptance of military issued stickers and out-of-state plates, also specifies punitive measures for violations and creates a database. The Conference Committee report was passed by the House and Senate. The measure will now go to the Governor for his consideration of signing into law.
Quality Events – Incremental Sales Tax: SB 1284 by Sen. Stanislawski and Rep. Liebmann - Allows incremental state sales tax revenue to be used for the planning, performance, and/or promotion of quality events. The Conference Committee report has been filed. Awaits a hearing on the Senate floor.
Education
Charter School Expansion: SB 1862 by Speaker Benge and Sen Coffee deletes the limit on the number of new charters that can be established in any given year. The criteria for charter school sponsorship is expanded to include school districts that have a site on the School Improvement List, technology center school districts if the local school district has a site on the School Improvement List, and by comprehensive or regional higher education institutions only when the local school district has a site on the School Improvement List and when the institution has a branch campus located within the charter’s school district. Finally, the legislation requires charter schools to comply with graduation requirements established by Oklahoma law. The Conference Committee report has been submitted and the measure now awaits a hearing on the Senate floor.
Performance Pay: SB 2033 by Speaker Benge and Sen Coffee authorizes school districts to establish incentive pay programs for teachers and administrators. The bill allows districts to develop programs that must be approved by the State Department of Education. It says incentives should be based upon student and school performance growth, leadership skills, organizational skills and classroom management skill. The Conference Committee report has been submitted and the measure now awaits a hearing on the Senate floor.
School District Bus Advertising: SB 421 by Sen. Stanislawski and Rep. Scott – Authorizes each school district to determine when to administer end of instruction tests, and providing an advertising preference for certain products, specifying use of generated revenue; placing restrictions on content of advertising. Conference Committee report was rejected by the Senate, and now has been sent back for further conference.
2010 Election Deadlines
June 7-9, 2010 – All candidates file federal, state, legislative and judicial offices
July 27, 2010 – Primary election
August 24, 2010 – Runoff primary election
November 2, 2010 – General election
SPIRIT AEROSPACE BILL TRACK
05-22-2010 – 15:39:23
HB 1704 (1) Benge
CoffeeCreates the Oklahoma Information Services Act; creates a Chief Information Officer who shall serve as Secretary of Information Technology, Bill History: 05-13-10 H Remove Derby as principal House Author, replace with Benge.
05-17-10 H House rejected the conference report
05-18-10 H Set on the House Floor Agenda
05-17-10 H House appointed a conference committee: Benge, Murphey,
Jackson, Moore, Miller, Derby, Scott, Pittman, Nations,
Ortega
05-19-10 S Senate appointed a conference committee
Same confereesHB 2919 (1) Shannon
MyersCreates the Aircraft Pilot and Passenger Protection Act. The construction of a structure used for a noise sensitive purpose within a noise sensitive area constitutes an incompatible use of land near a public use airport. Bill History: 04-29-10 H House refused to concur in Senate amendments
05-03-10 S Senate appointed a conference committee: GCCA
05-04-10 H House appointed a conference committee: Shannon, Joyner,
Morgan, Banz, Jackson, McAffrey
05-21-10 H Meeting set for 6:30 p.m., Room 419C, State Capitol, Senate GCCA
05-21-10 S Reported from Senate GCCA as substituted Senate GCCAHB 3024 Hickman
MazzeiEliminates the tax credit for the purchase of electric and clean-burning motor vehicles; EMERGENCY. Bill History: 04-20-10 S Passed/Adopted (Vote: Y: 44/N: 1)
04-29-10 H Set on the House Floor Agenda
04-29-10 H House refused to concur in Senate amendments
05-03-10 S Senate appointed a conference committee: GCCA
05-03-10 H House appointed a conference committee: Hickman, Ownbey,
Enns, Brannon.HB 3236 (1) Jackson
NewberryAllows business districts to annex adjacent property by a vote of those to be annexed. Allows business districts to be assessed to fund capital improvements of the district. Bill History: 05-21-10 S Motion to Reconsider was not well taken.
05-21-10 S Held to reconsider: Jolley
05-21-10 S Motion to reconsider vote by Jolley; Motion adopted.
05-21-10 S Senate accepted the conference report
05-21-10 S Senate finally passed conference bill (Vote: Y: 29/N: 9)HB 3286 (1) McNiel
LambAllows the Oklahoma Development Finance Authority to issue obligations on a pooled basis not to exceed $100 million based upon the defeasance of previous obligations; EMERGENCY. Bill History: 05-20-10 S Set on the Senate Floor Agenda
05-20-10 S Laid out for consideration in the Senate
05-20-10 S Senate accepted the conference report
05-20-10 S Senate finally passed conference bill (Vote: Y: 42/N: 0)
05-21-10 G Sent to the GovernorHB 3397 (1) McNiel
LambAmends expenditure requirements of qualified investments before a tax credit can be authorized. Bill History: 04-21-10 S Passed/Adopted (Vote: Y: 44/N: 0)
04-27-10 H House refused to concur in Senate amendments
04-28-10 H Set on the House Floor Agenda
04-28-10 S Senate appointed a conference committee: GCCA
05-05-10 H House appointed a conference committee: McNiel, Hickman,
Luttrell, Jordan, PetersSB 390 Brogdon
RousselotRequires the Department of Human Services to establish a drug screening program for applicants who are receiving assistance from the TANF program; requires those in need of substance abuse services to participate; Bill History: 06-01-09 S Dormant pursuant to the rules
09-14-09 S Carried Over
02-08-10 S Set on the Senate Floor Agenda
02-09-10 S Set on the Senate Floor Agenda
02-10-10 S Set on the Senate Floor AgendaSB 1105 Anderson
MorrissetteDefines certificate of title as one created by a governmental agency of any state; sets guidelines for coverage of certificates of title. Bill History: 04-30-09 S Senate appointed a conference committee – Anderson, Mazzei,
Lamb, Ivester, Coffee
06-01-09 S Dormant pursuant to the rules
09-14-09 S Carried Over
02-16-10 H Set on the House Floor Agenda
05-03-10 H House appointed a conference committee: Morrissette, Kiesel,
Inman, Morgan, Sullivan, Duncan, Trebilcock, Johnson,
Jordan.SB 1267 (1) Mazzei
HickmanPlaces a moratorium on a variety of income tax credits currently in place. This moratorium shall be in effect from the time period of July 1, 2010 through June 30, 2012; EMERGENCY. Bill History: 05-21-10 H House accepted the conference report (Vote: Y: 64/N: 33)
05-21-10 H House finally passed conference bill (Vote: Y: 62/N: 35)
05-21-10 H Held to reconsider: Hickman
05-21-10 H Emergency Passed (Vote: Y: 69/N: 25)
05-21-10 H Held to reconsider on the emergency: HickmanSB 1589 (1) Coffee
BengeDefines terms applying to telecommunication providers and assesses taxes for the years of 2010, 2011, and 2012. Bill History: 05-21-10 S Laid out for consideration in the Senate
05-21-10 S Garrison debates against adoption of the CCR.
05-21-10 S Senate accepted the conference report
05-21-10 S Senate finally passed conference bill (Vote: Y: 29/N: 16)
05-22-10 S Miller removed as principal House author, replaced by Benge.SB 1590 (1) Johnson, Mike
MillerPlaces moratorium on Small Business Capital and Rural Small Business Capital Investment Tax Credits; sets further guidelines. Bill History: 05-21-10 S Set on the Senate Floor Agenda
05-21-10 S Motion to reconsider vote: Coffee
05-21-10 S Motion to reconsider prevails; Roll Call vote taken
(Y:45 N:0).
05-21-10 S Passed/Adopted (Vote: Y: 41/N: 4)
05-24-10 H Set on the House Floor AgendaSB 1960 (1) Coates
ShannonCreates the ‘Airport Protection Act’. Regulates the use of land and construction around public airports. Bill History: 05-03-10 S Senate refused to concur in House amendments
05-04-10 S Senate appointed a conference committee: Coates, Branan,
Marlatt, Myers, Bass, Ivester.
05-06-10 H House appointed a conference committee: Shannon, Joyner,
Morgan, Banz, Jackson, McAffrey
05-18-10 H Conference committee report submitted
05-18-10 H Title restoredSB 1970 (1) Mazzei
McNielCreates the Shared Work Unemployment Compensation Program. Allows certain employees to receive unemployment benefits if the employer participates in the program; EMERGENCY. Bill History: 05-06-10 S Senate appointed a conference committee: Mazzei, Lamb,
Coates, Leftwich.
05-13-10 H House appointed a conference committee: McNiel, Jordan,
McDaniel (Jeannie), Shumate, Peters
05-21-10 S Laid out for consideration in the Senate
05-21-10 S Laid over
05-21-10 S Conference committee report submittedSB 2124 Mazzei
HickmanAdds to definition of “basic industry,” including support activities for rail and water transportation. Modifies date to July 1, 2009, within the definition of “qualified federal contract.” Bill History: 05-19-10 S Enacting clause restored
05-21-10 S Set on the Senate Floor Agenda
05-21-10 S Laid out for consideration in the Senate
05-21-10 S Senate accepted the conference report
05-21-10 S Senate finally passed conference bill (Vote: Y: 42/N: 1)All Track Total Bills: 14 0
