Oklahoma State Senate

 

2006 LEGISLATIVE SUMMARY AND FY 2007 BUDGET REVIEW

                                                                                                                                                        

June 30, 2006

 

We are pleased to present the 2006 Legislative Summary and FY 2007 Budget Review.  Included within this document are summaries of all substantive bills and resolutions enacted in the 2006 session and information on appropriation measures and the state budget adopted by the Legislature for FY 2007.

 

The summaries contained herein have been prepared by the following Senate Committee Staff personnel:

·         Kim Brown, Legislative Analyst, Senate Education Committee

·         Alicia Emerson, Legislative Analyst, Senate Retirement & Group Health Committee

·         Jennifer Christol, Legislative Analyst, Senate Health & Human Resources Committee

·         Tracy Kersey, Legislative Analyst/Attorney, Senate Judiciary Committee

·         Mary Jo Mitts, Legislative Analyst, Senate Energy & Environment, Sunset Review and Transportation Committees

·         Nancy Pellow, Legislative Analyst, Senate Appropriations Subcommittee on Public Safety & Judiciary

·         Joanie Raff, Legislative Analyst, Senate Finance Committee

·         Lexa Shafer, Legislative Analyst, Senate Business & Labor Committee

·         Tom Stanfill, Legislative Analyst, Senate Aerospace, Communications & Technology, Commerce, and Public Safety & Homeland Security Committees

·         Jeri Trope, Legislative Analyst, Senate Agricultural & Rural Development, General Government, Tourism & Wildlife and Veterans & Military Affairs Committees

·         Selden Jones, Staff Attorney, Senate Business & Labor, Commerce, Retirement & Group Health, Sunset Review, and Veterans & Military Affairs Committees

·         Judy King, Staff Attorney, Senate Agricultural & Rural Development, Energy & Environment, Public Safety & Homeland Security and Transportation Committees

·         Sara Kyte, Staff Attorney, Senate General Government Committee

·         Cheryl Purvis, Staff Attorney, Senate Judiciary and Tourism & Wildlife Committees

·         Melanie Stucky, Staff Attorney, Senate Education and Health & Human Resources Committees

·         Robert Thompson, General Counsel and Staff Attorney of Senate Aerospace, Communications & Technology, Appropriations, and Finance Committees

 

Information on appropriation measures and the state budget has been prepared by the following Senate Fiscal Staff personnel:

·         Lori Block, Fiscal Analyst, Subcommittee on Human Services Subcommittee

·         Jason Deal, Fiscal Analyst, Subcommittee on General Government and Transportation Subcommittee

·         Amy Dunaway, Fiscal Analyst, Subcommittee on Natural Resources and Regulatory Services Subcommittee

·         Jeremy Geren, Fiscal Analyst, Subcommittee on Education Subcommittee

·         Anthony Sammons, Fiscal Analyst, Subcommittee on Health and Social Services Subcommittee

·         Sean Wallace, Subcommittee on Public Safety and Judiciary Subcommittee

 

We also appreciate the assistance of Liz Park-Capron and Laurie Houser, Administrative Assistants, Malia Bennett, Director of Communications, and Bill Walker, Craig Thompson and Judy Mayes, Proofers, in preparing this document. 

 

Caroline Dennis                                                                       Randy Dowell

Director of Senate Committee Staff                                         Director of Senate Fiscal Staff

 

 

Table of Contents

 

Session Overview

Appropriation Overview

Special Session Tax Measures

Agriculture & Rural Development Measures

Agriculture Funding

Banking, Finance & Securities Measures

Business & Labor Measures

Crimes, Punishments & Criminal Procedures Measures

Corrections Funding

Office of Juvenile Affairs Funding

Law Enforcement Funding

Economic Development & Commerce Measures

Commerce Funding

Historical Society Funding

Common Education Measures

Common Education (K-12) Funding

Higher Education Measures

Postsecondary Education Funding

Career & Technology Education Measures

Career & Technology Education Funding

Energy & Environment Measures

Conservation Commission Funding

Department of Environmental Quality Funding

Water Resources Board Funding

Gaming, Sports & Amusements Measures

Government Measures (County, Municipal & Local)

Government Measures (State)

Department of Central Services Funding

Election Board Funding

Health & Mental Health Measures

Health Care Authority Funding

Public Health Funding

Mental Health & Substance Abuse Funding

Human Services Measures

Human Services Funding

Department of Rehabilitation Services Funding

Insurance Measures

Intoxicating Liquor, Smoking & Tobacco Measures

Judiciary/Courts Measures

Judiciary Funding

Courts Funding

Motor Vehicles, Water Vessels & Licensing Measures

Professions & Occupations Measures

Public Finance Measures

Public Safety & Homeland Security Measures

Public Employees-Retirement/Insurance/Pay/Benefits Measures

Office of Personnel Management Funding

State Employee Pay Raise Funding

Revenue & Taxation Measures

Tax Commission Funding

Sunset Review Measures

Telecommunications & Technology Measures

Tourism & Wildlife Measures

Transportation Measures

Department of Transportation Funding

Veterans & Military Affairs Measures

Veterans Funding

Vetoed Bills

Appropriations Summary Table

 

 

Session Overview

 

In the second session of the 50th Legislature, the Oklahoma State Senate considered 1034 new Senate Bills and 608 carryover Senate Bills, 539 House bills, 32 Senate Joint Resolutions, 14 House Joint Resolutions, 26 Senate Concurrent Resolutions, 29 House Concurrent Resolutions and 71 Simple Resolutions.  Of those measures, 160 Senate Bills and 167 House Bills were signed into law, while 3 Senate Bills and 3 House Bills were vetoed.  Two constitutional amendments (SJR 37 & HJR 1066) and 83 Senate Concurrent or Simple resolutions were filed with the Secretary of State.

 

The 2006 legislation session began with a “Celebration of Life” ceremony to honor Sen. Robert M. Kerr, who lost his long fight against cancer just days before the legislature was to convene. 

 

The 2006 session also marked the second wave of departing term-limited members, with Senators Bernest Cain, Gilmer Capps, Ted Fisher, J. Berry Harrison, Cal Hobson, Frank Shurden and Stratton Taylor completing their final terms in the Legislature. 

 

Two new members were welcomed to the chamber this year, with long-time staffer turned-Senator Constance N. Johnson filling the seat of Angela Monson, who was term-limited in 2005, and Sen. Mike Schulz, filling the seat of the late Robert M. Kerr.

 

The Second Extraordinary Session of the 50th Legislature was called and convened on May 25th to consider budget, tax and other fiscal matters.  The Special Session reconvened on June 21st to complete the legislative budget process, and was adjourned sine die on June 23rd.

 

The following overview details the legislation approved during the 2005 legislative session and 2nd Extraordinary Session.  Special Session bills are indicated by a “XX” following the bill number.

 

Appropriation Overview

 

Most FY’07 state agency appropriations and funding for capital projects were provided for in SB 80XX (the General Appropriations (GA) Bill) and SB 90XX (the Rainy Day Spillover Bill).  These two bills, in conjunction with $2.05 million in three other “clean up” bills, spend a total of $6,639,829,152 for state agency operations.  This represents an increase in total appropriations of $437.6 million over the current fiscal year (supplemental appropriations included).

 

Comparison of Funding, FY’06-FY’07

(in millions)

 

                                                                    Final                        Proposed

                                                                   FY'06                          FY'07                       Change

                                                                  Approp.                       Approp.                 $               %

 

            Education                                       3,247.5                        3,573.3            325.7          10.0

            Gen. Gov/Trans.                                531.8                           448.1             (83.7)        (15.7)

            Health/Soc. Serv.                              948.8                        1,053.2            104.4          11.0

            Human Services                                616.0                           672.7              56.7            9.2

            Natural Res.                                      162.4                           147.3             (15.1)          (9.3)

            Public Safety                                      680.0                           729.8              49.8            7.3

            REAP                                                    15.5                             15.5                0.0            0.0

            Total                                                6,202.0                        6,639.8            437.6            7.1

 

The 15.7 percent decrease for the General Government and Transportation Subcommittee on Appropriations is due to the one time FY’06 supplemental appropriation of $100 million for the repair of State bridges.  The percent decrease for the Natural Resources and Regulatory Services Subcommittee on Appropriations is attributable to the one time FY’06 supplemental appropriation of $17 million to the Centennial Commission and another $12.5 million in supplemental appropriations for rural fire programs. 

 

The balance of remaining revenues available for expenditure from General Revenue is $2.054 million.  However, additional funds are expected to become available after the start of the fiscal year.  An additional $50 to $100 million is anticipated to spill over from the Rainy Day Fund when it reaches a Constitutional cap of $495.7 million.  A total of $457.3 million in “spillover” funds were already allocated in the following manner in SB 90XX:

 

EDGE                                                                 $150,000,000

County Bridges                                                   $25,000,000

Regents for Higher Education                             $85,500,000

State Emergency Fund                                       $15,000,000

Opportunity Fund                                               $45,000,000

University of Oklahoma                                      $40,000,000

Oklahoma State University                                 $40,000,000

Rural Fire Departments                                        $5,000,000

State Park Maintenance                                       $8,000,000

Sulphur Veterans Center                                     $7,000,000

Firefighter Retirement Fund                               $35,000,000

Tax Commission                                                    $1,800,000

 

Additional spillover funds are anticipated, as June collections have not been figured into the total amount allocated so far. 

 

Special Session Tax Measures

 

HB 1172XX (Hiett/Crutchfield):  Decreases the top marginal rate for income taxes from 6.25% to 5.25% over a four-year period, as follows:

2007:               5.65%

2008:               5.55%

2009:               5.50%

2010:               5.25%, subject to revenue growth of 4% plus the cost of the tax cut.

 

Increases the standard deduction to the federal level over a four-year period, as follows:

2007:               $5,500 (joint)/$2,750 (single)/$4,125 (head of household)

2008:               $6,500/$3,250/$4,875

2009:               $8,500/$4,250/$6,375

2010:               Federal level, estimated at $11,200/$5,600/$8,200.

 

Under current law, the state standard deduction is $3,000 for joint returns and $2,000 for single returns for 2006 and $4,000 and $2,000 for 2007.  The federal level for tax year 2005 was $5,000 for single, $10,000 for married, and $7,300 for head of household.  It is indexed for inflation and changes every year.  This proposal would also change the state level so that it will remain at the federal level each year after 2010.

 

Phases out the estate tax over a three-year period by equalizing exemptions and rates for lineal and collateral heirs in 2007 and increasing the exemption $2 million in 2008 and $3 million in 2009.  The tax is repealed entirely in 2010, except for the pick-up tax.

 

Effective 1-1-07, except for repealer which is effective 1-1-10.

 

HB 1174XX (Benge/Crutchfield):  Makes various changes relating to revenue and taxation, including:

·         Modifies the time period during which taxpayers who computed insurance premium taxes by applying certain credits prior to claiming insurance home office credit may qualify for a refund of excess taxes paid;

·         Provides a sales tax exemption for community mental health centers, tickets to certain women’s organization events, certain membership health organizations, patriotic women’s organizations, YMCAs and veterans organizations;

·         Provides a sales tax exemption for dietary supplements ;

·         Provides a sales tax exemption for sales of property or services used or consumed in quarrying operations and clarifies the exemption for wholesale distribution centers;

·         Provides additional tax credit for Oklahoma-mined coal of $2.15 per ton and prohibits claiming or transfer prior to 1-1-08;

·         Lowers rated production capacity for zero-emission power generation facilities from 50 to 1 megawatt to qualify for tax credit.  Also sets tax credit amount at fifty one-hundredths of one cent per kilowatt hour for facilities placed in service after 1-1-07;

·         Provides credit against bank privileges tax for amounts paid for Stafford student loan origination fees;

·         Requires plants engaged in pulp, paper, tissue or paper board manufacturing to have at least $2 million in investment and maintain an average wage of at least 150% of the state average or have at least $5 million in investment in each year of the exemption, in order to receive a five-year ad valorem exemption;

·         Repeals the tourism promotion tax and earmarks 0.93% of sales and use tax revenues to replace the tourism tax revenue ($5.1 million) and to provide funding for capital improvements in state parks;

·         Repeals Section 4 of Senate Bill 1084, relating to municipal taxing authority;

·         Clarifies exemption for capital gains;

·         Phases out the income limit for private sector retirees to qualify for the retirement income deduction.  The current limit is $37,500 for single filers and $75,000 for joint filers; it is increased to  $50,000/$100,000 for 2007, $62,500/$125,000 for 2008, $75,000/$150,000 for 2009, $100,000/$200,000 for 2010, and eliminated in 2011 and succeeding years;

·         Phases in exemption for federal retirees retirement benefits;

·         Limits fees for license plates for 100% disabled veterans;

·         Exempts 100% disabled vet