Lawmakers poring over prospective bills

John Greiner, Carmel Perez Snyder and Ryan McNeill
Published: February 8, 2004

The governor proposes and the Legislature disposes, and that's what is beginning to happen now in the Oklahoma Legislature.

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House and Senate members are poring over hundreds of bills, including some on major issues facing the Legislature this year.

Gov. Brad Henry laid out his program; now it's the Legislature's turn.

Some of the major issues proposed by Henry include a cigarette tax increase and other tax reductions.

The governor also wants to help teachers and state employees.

The fate of some of these major issues won't be decided until late in the legislative session after they have gone through both houses and to a House-Senate conference committee.

Legislative leaders will have to iron out the fine points of the governor's proposals and their own. That usually happens late in the session, but legislators hope some issues will be resolved much earlier, including the cigarette tax.

Major issues

Economic development SB 1551 (Sen. Charlie Laster, D-Shawnee)

The plan would eliminate all capital gains taxes on Oklahoma-based property.

Oklahoma's top income tax rate would be permanently reduced from 7 percent to 6.65 percent.

Retirement tax cut HB 2112 (Rep. Ron Kirby, D-Lawton)

The measure would expand the state income tax exemption on retirement income such as pensions and individual retirement account distributions. Under the proposal, the retirement exemption would be raised from $5,500 a year to $7,500. Income eligibility thresholds would be increased from $25,000 to $37,500 for single retirees and from $50,000 to $75,000 for married couples.

Health care initiative SB 1546 (Sen. Ben Robinson, D-Muskogee)

Health care initiative proposals would provide medical coverage to thousands of uninsured Oklahomans, create a world-class cancer research center and enhance statewide trauma care.

Cigarette taxes HB 2660 (Rep. Larry Adair, D-Stilwell; Sen. Cal Hobson, D-Lexington)

The proposal would require a vote of the people for a cigarette tax increase. The net increase would be 52 cents a pack. The current tax is 23 cents a pack.

The bill would eliminate the sales tax from tobacco purchases. This would help level the playing field between tribal and nontribal retailers, addressing concerns the cigarette tax hike would drive customers to tribal tobacco outlets, the governor said.

Approval of the cigarette tax proposal would produce an estimated $130 million annually.

Horse racing and American Indian gaming SB 553 (Sen. Cal Hobson, D-Lexington)

This is designed to help save the horse industry.

Under the proposal, Remington Park in Oklahoma City, Blue Ribbon Downs in Sallisaw and Will Rogers Downs in Claremore would be allowed to operate some electronic gaming machines similar to ones in tribal casinos.

The proposal also includes a gaming compact for tribal casino operators. The compact would give legal certainty to many games already offered in tribal casinos. This measure would allow the state to regulate tribal operations and share in the revenues they produced.

Teacher pay and health insurance SB 1106 (health plan) SB 1272 (teacher pay)

The legislation would increase teacher pay to the regional average over a five-year period. The current average teacher salary is $34,877. The regional is $38,527.

In the first year of this plan, the state would increase health benefits for educators by paying 100 percent of their health insurance premiums. Currently, the state pays 58 percent of the premium, school districts pay another 17 percent and educators pay the remaining 25 percent.

In years two through five of the governor's plan, teacher pay would be increased until it exceeds the regional average of $38,527.

Tar Creek SB 1490 (Sen. Mike Morgan, D-Stillwater)

The $5 million plan would give families with young children in the towns of Picher, Cardin and north Miami the option of selling their homes in the Tar Creek Superfund site.

The money would come from the $117 million received last year by the state from federal budget legislation.

Families with children 6 and younger would have the option of selling their property to the state for the average county market value for comparable properties.

Tort reform HB 2112 (Adair, Hobson) SB 1369 (Sen. James Williamson, R-Tulsa, Rep. Jim Newport, R-Ponca City)

Also called lawsuit reform by its advocates, tort reform involves such things as limiting liability in some areas and placing caps on certain damages sought by people who file lawsuits.

The Democrats' reform proposals include limits on product liability actions, elimination of shared liability for defendants less than 50 percent at fault, a $300,000 cap on noneconomic damages, and liability protection for good Samaritans.

The Republican-backed legislation would cap attorneys' fees on a sliding scale, ranging from 30 percent of the first $250,000 in damages and dropping incrementally to 10 percent on awards greater than $1.25 million.

If a case is determined by the court to be frivolous, the plaintiff would have to pay the defendant's attorneys fees.

The GOP plan would allow defendants to introduce evidence the plaintiff received benefits from sources outside the dispute, such as insurance payments. Oklahoma law prohibits introducing this kind of evidence.

Fuel tax HB 2559, HB 2632 and HJR 1050

At least three measures have been introduced on this issue.

HJR 1050, authored by Rep. Wayne Pettigrew, R-Edmond, would ask voters to increase gasoline and diesel taxes by 3 cents a gallon. This would expire in 10 years if approved by the voters.

HB 2559, sponsored by Rep. Bill Nations, D-Norman and Sen. Robert Milacek, R-Enid, would increase gasoline 7 cents a gallon and diesel 9 cents a gallon, if approved by Oklahoma voters.

HB 2632, sponsored by Rep. Randall Erwin, D-Nashoba, would require Oklahomans to pay 8 cents a gallon for diesel and 5 cents a gallon for gasoline over a period from July 1, 2005, to July 1, 2008. Voter approval is required.

With more than one bill on this issue pending in the House, the proposed price increase could be changed if the bill gets through the House and Senate and into a conference committee. Most bills go to a House-Senate conference committee.

Trauma center HB 2600 (Rep. Danny Hilliard, D-Sulphur)

The legislation would fund a statewide trauma center system through increases in fines such as seat belt violations.

Breastfeeding HB 2102 and SCR 36

At least two measures have been filed:

HB 2102 (Rep. John Carey, D-Durant, and Rep. Greg Piatt, R-Ardmore)

Exempt breastfeeding mothers from indecent exposure laws.

Also allow breastfeeding mothers or unemployed mothers with custody of a child not in an early childhood program to be exempt from jury service. It is scheduled before the House Criminal Justice Committee meeting on Tuesday.

SCR 36 (Sen. Nancy Riley, R-Tulsa)

Urges the state of Oklahoma and state employers to encourage breastfeeding.

Asks the governor to issue an executive order providing state employees adequate breastfeeding areas.

Teacher stipends for certification SB 1535 and SB 1207

Henry wants the Legislature to approve a more than $600,000 supplemental appropriation to pay for $5,000 annual bonuses given to teachers who obtain national certification.

Also, at least two measures have been filed:

SB 1534 (Sen. Kathleen Wilcoxson, R-Oklahoma City)

Requires the state teacher preparation commission to contract for an independent study of the effects of national certification on student achievement.

Also would tell the commission to emphasize efforts to recruit teachers at poor or low-achieving schools to obtain national certification.

SB 1207 (Sen. Johnnie Crutchfield, D-Wilson)

Would give a $5,000 annual bonus to school psychologists, speech pathologists or audiologists who achieve national certification from their respective fields.

Archive ID: 1701733

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