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Senate Review March 22 2018

By
Chris Kidd
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We’re into the second half of the legislative session.  Being that last week was the deadline for floor action on Senate bills, we were extremely busy.  We heard more than 300 bills in the last two weeks. 

Senate Republicans voted strongly (85%) in favor of the revenue package presented Thursday night through HB 1033.  We voted on HB 1033 that would generate $450 million for a 12.7 percent teacher pay raise and a $2,500 state employee raise.  The measure would have increased the GPT from 2-4 percent on all wells ($126 million); increase the gas diesel tax by six cents ($170 million); and increase the cigarette tax by $1/ pack ($152 million). 

            SB1033 failed by two votes, only two votes away from the constitutionally-required three-fourths majority.  But we’re not done.  We will keep working to find a solution to create revenue that our Democratic colleagues can agree with.  While the bill to pay for the raise failed, the actual bill (SB133) creating the raise passed overwhelmingly so as soon as we find a revenue source, the vehicle is there ready to move forward.

Unfortunately, revenue raising measures must get approved by 75 percent of both the Senate and House.  In the Senate that is 36 votes and in the House, it’s 76 votes.

The source of the gridlock in Oklahoma is that we require super majority approval for revenue raising measures. SQ 640, enacted by voters in 1992, has led to the current gridlock and made it virtually impossible to approve reasonable revenue plans to shore up the state budget and provide teacher and state employee pay raises. 

The Senate recently approved SJR61 which would send SQ640 back to the vote of the people for them to modify SQ 640 so that 75 percent support for tax increases is required except for increases to sales and use taxes, which would only require a 60% (3/5) support from the House and Senate. 

Also this week, I finished up my remaining bills that passed off the Senate floor.  These included:  SB1364, which modifies procedures for sale of certain property and SB1365 modifies the maximum amount of certain county retirement contributions. SB1369 is a bill that clarifies language relating to police and fire arbitration. SB1372 extends the billing cycle of the State Medicaid Program and, lastly, SB1488 creates a lifetime landowner license.

            At the State Senate, I can be reached by writing to Senator Chris Kidd, State Capitol, 2300 N. Lincoln Blvd. Room 411A, Oklahoma City, OK 73105, emailing me at kidd@oksenate.gov, or by calling (405) 521-5563 and speaking to my assistant Suzanne Earnest.

The marathon continues

By
Marcus McEntire
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We now have six weeks left in the first session of the 56th Legislature. My first session at the Capitol has flown by so far, and now is the time we really start getting into specifics with appropriations and budget bills.

 

Committee meetings wrapped up on April 13, so most bills that did not clear committee are dead for the remainder of the session. However, there is an exception for revenue-related legislation. The Appropriations & Budget Committee’s deadline is April 20, but there is some flexibility on that deadline as well, and it is not unusual to see additional bills pop up after that date.

 

I’m sure many of you are aware of the budget proposals that are being floated. The governor has her plan; the Democrats in the House proposed one of their own; even the state auditor has come up with a tax proposal. I’m sure you are wondering where we Republicans are in our budget process.

 

There are many items still up in the air, but House Republicans are about to start proposing several building blocks for a balanced budget. Leadership has a plan in place, and we will begin taking up revenue-raising measures as well as other possible solutions in the next couple of weeks. Chances are there will be a number of tax credits, exemptions and deductions on the table before we see anything like a tax increase. I plan on reviewing every proposal carefully as we seek to close the $878 million projected shortfall in next year’s budget. As those bills come up, I will be sure to update you with any major developments.

 

Even though budget work has yet to be finalized, the Judiciary – Criminal Justice & Corrections Committee and the Public Safety Committee passed some significant criminal justice reform measures last week. These bills were part of Gov. Mary Fallin’s justice reform package and are meant to better Oklahoma’s corrections system. I’m not in either committee, but I was glad to hear the bills are progressing, and I look forward to voting on them when the measures come before the House floor.

 

If you remember, we are currently hearing Senate bills in the House. The third-reading deadline for those Senate bills is April 27, meaning all of those measures will have to receive a hearing by that date to stay alive. At that point, the House will review any amendments senators added to our legislation. If we approve those changes, the bills can progress to the governor’s desk. If we do not approve the amendment, the bill can go to a conference committee to iron out any details.

 

As always, please feel free to reach out if you need anything. Being your state representative is one of the most gratifying jobs I have ever had, and I want to do as much good as I can. You can call my Capitol office at (405) 557-7327 or email me at Marcus.McEntire@okhouse.gov. Thank you, and God bless.

AUDITOR: Let the Audit Speak for Itself

By
Gary Jones
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At the State Auditor’s Office, we focus on two primary matters – accountability and transparency. To achieve these two objectives, our work must be beyond reproach and the entanglement of politics.

Ours is a constitutionally-created, independent office with the principal purpose to examine and inspect whether public officials properly expended public funds.

The constitution names the State Auditor before the Attorney General. We are not agents of the Attorney General and we do not work for the Attorney General.

Our audits examine public records. We look at how public funds are spent. A finding of probable fraud, waste, or abuse is only stated when fully supported by financial records and other evidence.

The Special Investigative Audit of the Lead Impacted Communities Relocation Assistance Trust (LICRAT) was a review of public documents to determine if the LICRAT Board complied with state law in the expenditure of public funds. Special Audits differ from other types of audits because we are not required to conduct these audits in accordance with government auditing standards.

A Special Audit must be requested and conducted when financial mismanagement is believed to have occurred. The LICRAT Special Audit was initially sought by for U.S. Senator Tom Coburn. The only reason to involve the AG was because his office is one of five statutorily permitted ways to request a Special Audit. The audit was conducted on behalf of Oklahoma taxpayers.

The former attorney general acted improperly when he shared the contents of the audit report with the subject of the audit. The impropriety was further compounded when he refused to share the audit with the people who paid for it – the taxpayers of Oklahoma.

The LICRAT audit wasn’t about Scott Pruitt, left-wing environmentalists, Andy Lester, or politics. As the State Auditor, I have taken the position that the people of our state deserve to know why the LICRAT Board spent over $3.6 million on a project when the cost could have been less than $600,000.

If, as Mr. Pruitt’s spokesman stated, the audit was “shoddy,” then release it so the public can make that determination. If, as Mr. Lester stated, the audit report determined “no direct evidence of a conspiracy against the state,” then release the audit so the public can make that determination.

The State Auditor is the fact finder, not the prosecutor. The sole discretion to prosecute is always retained by the prosecutor.

The only issue here is when the prosecutor determines not to proceed – don’t cover up the issue by withholding a public document, paid for with public funds, and conducted on behalf of the public.

Audits are complicated. Many times, fraud and embezzlement are complicated. Often audits are confusing to prosecutors who aren’t confident they can sufficiently explain it to a jury in order to obtain a guilty verdict. As such, much white-collar crime goes unprosecuted.

I have confidence in the work product of our office, its people, and their professionalism. We stand by the courage of our convictions while others cast aspersions on the reputation and integrity of those who favor accountability and transparency.

Let the Audit Speak for itself.

NOTE: Oklahoma State Auditor Gary Jones doesn’t issue many news releases. As auditor, he has consistently taken the position that an audit should speak for itself. Since taking office in 2011, Gary has issued 15 news releases, of which, four were about a specific audit.

From the office of Senator Chris Kidd February 22 2018

By
Chris Kidd
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The third week of the regular session is underway. We have two more weeks of committee work on bills before we turn our attention to debate before the full Chamber.

This session, I filed nine Senate bills and three have already received committee approval.  SB 1364 authorizes the board of county commissioners to trade-in equipment to a vendor or on a statewide contract by acquiring used equipment values pursuant to state statute.

SB 1488 modifies the Wildlife Conservation Code to add a lifetime landowner hunting license for legal residents who have resided in the state for at least six months and intend to remain residents.  The price of the new lifetime license for 500 to 1,000 acres would be $50,000 and $75,000 for any tract of land over 1,000 acres.

SB 1492 relates to boiler inspectors and requires that deputy inspectors receive a valid National Board Commission within 24 months after appointment rather than 18.

In other legislative news, the Senate will be bringing back the state’s largest agencies for further budget hearings.  These agencies account for approximately 92 percent of the annual appropriated state budget.  Typically, only the appropriations subcommittees have budget hearings during the interim.  However, we thought that holding another round during session would allow more senators, the public and media to learn more about the various budgets and spending practices of the agencies. State revenues continue to rise, which is promising as we begin work for the upcoming budget.

This year, the Senate’s highest priority is the budget.  We must craft a responsible budget and seek reforms that provide budget stability and reduce reliance on one-time money.

Education and getting more dollars into the classroom will also be a priority.  We must find a way to fully fund a teacher salary increase, find efficiencies in our education system and also improve the funding formula.  This week, the State Aid Funding Formula Task Force will be meeting to discuss current and future legislation that may impact the formula.

The second special session is ongoing as well.  Last week was disappointing to say the least.  Once again, after the Step Up budget plan was approved by both the House and Senate Joint Committees on Appropriations and Budget, the plan failed to get super majority approval in the House.  The Senate never got a chance to vote on the measure even though we’ve already passed similar plans in the last few months.

Sadly, voting against the Step Up plan was a vote against raising teacher pay, funding for our health and human services, protecting our most vulnerable citizens and putting our state on a stable budget path forward.

Regardless of the plan’s failure, we are constitutionally mandated to balance the budget each year. This means we must move forward, and close the books on FY’18.

JCAB bills addressing the FY’18 cuts and necessary appropriations to help the health care agencies all passed last week and may be considered this week in the Senate.

At the State Senate, I can be reached by writing to Senator Chris Kidd, State Capitol, 2300 N. Lincoln Blvd. Room 411A, Oklahoma City, OK 73105, emailing me at kidd@oksenate.gov, or by calling (405) 521-5563 and speaking to my assistant Suzanne Earnest.

The Legislative Session is Coming

By
Marcus McEntire
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 It’s time again for the annual migration of lawmakers from across the state of Oklahoma to the State Capitol to take part in the legislative session, which starts Feb. 3. The governor will open the session with his second State of the State Address in which he will outline his budget hopes and his priorities for the coming fiscal year. It will be up to the Legislature, however, to draft the final state budget, determining how much in appropriations each state agency will receive to deliver programs and services to all Oklahomans.

All indications are this will be a flat budget year. With oil and gas revenues slowing down, we will be unable to increase most agency budgets as we have the past two years. The good news, however, is that we are still sitting on a record-high amount for the state budget – $8.3 billion as of the last figures released from the State Board of Equalization. The board meets again in February to give us final certified numbers for how much we should expect to appropriate for Fiscal Year 2021. While we will not have large increases for state agencies, we should be safe from needing to cut anything except for areas where we find efficiencies. We also intend to save more money this year to offset future downturns.

This session looks to be a busy one for a variety of reasons. For one, we had 2,240 new bills filed between the House and Senate. This is in addition to the 2,192 carried forward from the first session of the 57th Legislature. Only a fraction of these bills will become state law, however. But this means both legislative chambers will have much work to do to sift through each bill to determine its merits before advancing it through committee hearings and onto the floor for a vote. Once measures are passed in their chamber of origin, they must go through this process in the opposite chamber. Only the bills that survive get sent to the governor for his consideration of final passage into law.

The Legislature goes through this weeding-out process each year. Your input on bills helps me and other lawmakers determine what is important to you and what should be left on the editing room floor.

One of the areas of intense focus for me this year will be health care policy. State Question 802 – started by an initiative petition of voters, not lawmakers – continues to put pressure on the Legislature to deal with the issue of Medicaid Expansion. No ballot measure to expand Medicaid has failed in any state where it has been proposed. SQ802 seeks to expand Medicaid constitutionally to able-bodied adults who qualify. The governor has promised to unveil his alternative health care plan very soon, which may put a dent in the state question’s popularity. My committee already is prepared for either scenario. We must do everything we can to ensure any health care plan can be paid for, operated in a fiscally responsible way, and help Oklahomans become healthier. 

Please feel free to reach out to me with your questions or concerns at marcus.mcentire@okhouse.gov or (405) 557-7327.

Governor Stitt issues Executive Order 2020-13 to protect first responders

By
News Release
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OKLAHOMA CITY (April 8, 2020) – Governor Kevin Stitt issued [EO]Executive Order 2020-13, ensuring first responders such as correctional officers, law enforcement and fire personnel who work for state agencies will receive guaranteed paid time off if they contract COVID-19.

“Our first responders put their lives on the line every day to protect their fellow Oklahomans,” said Gov. Kevin Stitt. “There’s no opportunity to work from home in these jobs, so they need our support. I also encourage cities and counties across the state to provide the same benefits to their first responders.”

“I commend Governor Stitt’s quick action in addressing the needs of our first responders,” said Secretary of Public Safety Chip Keating. “Our first responders personify the Oklahoma Standard through their courage and compassion during this unprecedented crisis.”

Executive Order 2020-13 also does the following:

  • Removes barriers that will allow more medical professionals to be on the front lines by encouraging licensing boards to ease requirements on physician assistants, nurse practitioners and retired physicians.
  • Encourages the boards to increase opportunities for students and recent graduates who are not yet fully licensed to practice.
  • Allows closed health care facilities to be re-opened and remove regulatory burdens that would create lag time in getting bed space to treat patients.
  • Allows stretcher vans and stretcher aid vans to assist with emergencies and operate anywhere in the state.

“It is very important to me to break down the geographic silos that limit stretcher vans from operating anywhere in the state,” said Gov. Stitt. “Right now, ambulances and stretcher vans are limited by arbitrary geographic and population-based limits that do nothing but limit the services people in rural Oklahoma can receive. Now is not the time for burdensome regulations.”

Republicans Blame Democrats for Failed Vote on Teacher Pay Raise

By
Michael Bergstrom
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Here Is Where the Blame Lies

On Wednesday night, March 14, the Oklahoma Senate Republicans once again offered a bill that would raise enough revenue to give every Oklahoma teacher a 12.7 percent ($5,000 average) pay raise, provide state employees a $2,500 raise, and restore the Earned Income Tax Credit (EITC). It was essentially the same revenue bill the Democrats in the Senate supported in November.

Wednesday night they voted against the bill.

Why?

As one Democratic Senator told me, “It doesn’t meet the ask.”

What is the ask?

Well, depending on who you talk with, the Dems want a revenue increase of as much as $1.5 billion. One Democratic Senator told me that they couldn’t support the bill because the Oklahoma Educators Association (OEA) doesn’t want them to. After all, the OEA is the one making the ask. This is the same OEA that joined House Republicans a couple months ago at a press conference to support essentially the same plan as being good for education.

So it seems that a $5,000 pay increase for teachers isn’t enough. They want $10,000, despite the fact that the 12.7% increase we have presented raises the average teacher salary higher than is found in any of the surrounding states, except Texas.

They want a billion-and-a-half dollars for education, or nothing.

That, despite the fact that over 50 percent of our appropriated dollars go to education, despite the fact that we have other pressing issues to deal with, like the fact that our prisons are at 113 percent capacity.  Despite the fact that other essential services are crying for funding, everything from senior nutrition to our medical schools.

But apparently if the OEA wants all or nothing, the Democrats march in lock step. And, of course, there is the politics. With state-wide elections coming up in November, it seems that the Democrats prefer to shut down good policy so they can have a campaign issue in the fall.

That is unfortunate for Oklahoma.

The bill, HB1033xx, has a decent chance of being passed in the Oklahoma House of Representatives.

There is an increase of the gross production tax (GPT) on all oil and gas wells to four percent, a $1.00 tax on cigarettes and a six cent excise tax increase on motor fuels. After 36 months, all wells increase to seven percent GPT. The motor fuel tax will still be lower than it is in surrounding states. Issues that lost votes in the House last time have been reduced or modified to pick up those votes.

I don’t think there was a Republican on the floor who voted for this tax increase who actually liked everything in the package. That includes me. However, if we want to meet some very real needs in this state, we need to increase revenue.

The revenue package we voted on Wednesday night is a reasonable way to get there. We lowered the ask on the cigarette tax by 50 cents from the last time we ran something like this, when it passed the Senate overwhelmingly. We changed the GPT increase from just new wells to all wells. We kept the motor fuels excise tax the same (more than 40 percent of which will be paid for by visitors to the state). That tax has not been increased in 31 years.

It seems that the Democrats were for this bill, before they were against it.

I guess it all depends on which way the political winds are blowing for them at a given moment. I, and the vast majority of my Republican colleagues in the Senate, many of whom will be hurt politically by their votes on this, prefer to pursue sound policy.

I welcome your questions and concerns, so please feel free to contact my office at the State Capitol if you would like to discuss a particular issue or problem.  Our office can be reached by phone at 405-521-5561 or by email at bergstrom@oksenate.gov.   If you visit the Capitol, we are located in Room 428B.

Commerce Staff is Taking Oklahoma to the World

By
Curtis Plant
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OKLAHOMA CITY– When Governor J. Kevin Stitt was inaugurated on January 14, 2019, he promised that in his administration he would “take Oklahoma to the world and bring the world to Oklahoma.” The Oklahoma Department of Commerce (Commerce) has been delivering on that promise during the first six months of his administration. From the inauguration through June 30, Commerce’s recruitment staff met with 2,881 companies and site selectors over the course of 40 call trips, events and trade shows to spread Oklahoma’s positive business message. 

During that time, Commerce recorded 38 business announcements. An announcement represents a decision by a company to add jobs and/or investment to the state. Jobs, salary and investment numbers are projected by the individual companies and reported by Commerce.

These following numbers were reported and represent Commerce-assisted projects:

  • Business Announcements: 38
  • Projected New Direct Jobs: 3,111
  • Average Salary for New Jobs: $61,331 (33.34% above state average)
  • Projected New Investment: $1.439 billion
  • Oklahoma Counties with Business Announcements: 17

Compared with historic data for the same time period over the past four years, the first six months of 2019 resulted in the most company announcements, second most new jobs, highest average annual salary, second highest wage growth (when compared to the state average), highest new investment and tied for most Oklahoma counties with business announcements.

While gross domestic product (GDP) data is only available for the first quarter of 2019, it shows impressive growth. With 3.9% growth, Oklahoma saw the sixth largest increase of all states. 

“We have been working hard to deliver a turnaround that ensures a better future for all Oklahomans. One of the ways we’re moving toward that goal is by getting out and telling the world that Oklahoma is open for business,” said Governor Kevin Stitt. “I am proud of the hard work being done by the Commerce team. We have set some tough, but measurable goals, and they have been up to the challenge of bringing new jobs and investment to Oklahoma.”

“Our team works with such passion and professionalism – it’s not surprising that we’re seeing the fruits of their efforts,” said Sean Kouplen, Oklahoma Secretary of Commerce and Workforce Development. “The reception and interest we’ve experienced with companies and site selectors is very encouraging and I am confident we will continue to see more companies choosing to expand and invest in Oklahoma.”

From July 1 to the end of 2019, Commerce staff is scheduled to participate in another 32 trade shows, call trips and events in their efforts to bring Oklahoma to the world.

Statement from Senate Democrats on Oklahoma Teacher Walkout

By
Curtis Plant
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OKLAHOMA CITY- Senate Democratic Leader John Sparks released the following statement on behalf of the Senate Democratic Caucus:

“Today the Senate Democratic Caucus welcomed thousands of educators, parents, students, and concerned citizens to the Capitol. We stand with them in their fight to properly fund public education in Oklahoma.

Paying our teachers a fair and competitive salary is a priority, but this movement is about more than just teacher pay, it’s about the chronic underfunding of public education in Oklahoma.

Over the last decade state funding for public education is down $180 million, marking a 28% cut. Since the 2013-14 school year, student enrollment has grown by 15,000 students but there are 700 fewer teachers in our public schools, with 20% of public school districts in Oklahoma moving to four day school weeks.

Our students deserve better. We need to restore funding for education which has been slashed by years of tax cuts. The legislature passed a revenue package last week, but more work needs to be done to provide sustainable revenues for education.

Last month the Senate passed SB 1086, bipartisan legislation to eliminate the capital gains tax loophole, which would bring in an additional $100 million in revenue for education. We urge the House to take action and pass the bill this week so we can make a serious investment in Oklahoma’s classrooms.”

Kidd honored as Association of County Commissioners Legislator of the Year

By
News Release
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 OKLAHOMA CITY – Sen. Chris Kidd, R-Waurika, was named the 2021 Association of County Commissioners of Oklahoma (ACCO) Legislator of the Year during the ACCO summer conference on July 14.

Kidd was chosen for his commitment to helping county government throughout his tenure as a state Senator.  During the 2021 legislative session, he authored and championed five measures to positively reform and update county government operations. The measures included:

 SB 677, which removed the requirement that a court clerk must first offer all or parts of judicial records set for disposal to the Oklahoma Department of Libraries’ Archives and Records Division for preservation as historical research materials. It also modified the time periods certain judicial records must be retained.

SB 736, which allowed for the creation of a health district composed of two or more county boards of health, combining resources and increasing health outcomes.

SB 840, which increased the purchase limit for counties from $15,000 to $25,000, by department.

HB 1063, which authorized counties to employ information technology staff.

HB 1064, which simplified the county salary schedule and increased base salary by $5,000.

 “Growing up the son of a former county commissioner, I know first-hand how dedicated our county employees are to their jobs,” Kidd said. “It’s an honor to work to ensure commonsense laws are on the books to make their jobs easier – not harder – to serve the public. I’m humbled to receive the 2021 Legislator of the Year award, and I look forward to working with ACCO in the future to support county government and employees.”

 ACCO works with 231 county commissioners in all 77 counties to prioritize the health, safety and welfare needs of all county citizens. The organization also serves as a statewide clearinghouse for leadership training, educational programming and other services to meet the needs of its member counties.

 For more information, contact: Sen. Chris Kidd: (405) 521-5563 or Chris.Kidd@oksenate.gov

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