Legislators still have car revenue in budget

Sept. 08--Some Oklahoma lawmakers were caught by surprise this week when the Oklahoma Supreme Court declared constitutional the removal of the sales tax exemptions on new and used car sales.

Wednesday also brought more news for the Legislature. Gov. Mary Fallin said she plans to call a special session to address the budget's issues, beginning Sept. 25. She said the formal call will be made "in the next few days."

Many legislators believed the exemption or "fee" would be deemed a tax to generate revenue, and therefore unconstitutional because it was passed in the last five days of the session without the required 75 percent supermajority in both houses.

"They had been calling it a fee," said State Rep. Matt Meredith, D-Tahlequah. "The court has decided it is not an actual revenue-raising measure, which opens up a lot of things for us."

State Sen. Dewayne Pemberton, R-Muskogee, also interpreted the court's ruling as an opportunity.

"I was very pleased," Pemberton said. "It gives us a lot of options with raising revenue that we know is constitutional for us to deal with. We can address some of these tax exemptions with just a simple majority vote. It give us something we can use in the future."

Meredith expressed some displeasure with the removal of the vehicle tax exemption, saying it is another shift of tax burden onto the working people. But he also saw the opportunities opened by the court's ruling.

"It helps us by having a clearer picture of our budget," Meredith said. "It tells us that if we want to bring the gross production tax for oil and gas to a vote because we thing the 2 percent rate involves an exemption, we can raise it to 5 or 7 percent with just a majority vote."

On another subject, Meredith complained of heartburn upon reading an email sent by State Rep. Mike Rogers, R-Broken Arrow, to other Republicans claiming that Oklahoma has actually not cut per-pupil expenditure, and provided numbers showing PPE has actually risen slowly since 2010. He suggested the figures could be talking points to bring up with constituents.

"The simple fact is that since 2008, Oklahoma has cut funding to education more than any other state in the nation," Meredith said. "I asked a few administrators in my district what they thought of the email, and they got pretty upset."

Rogers' numbers actually included PPE from all sources, including federal funds. Critics say state allocations to education, which are the responsibility of the Legislature, have falled by $182 per student since 2008. The Oklahoma Department of Education reports that state education funding fell from $2.45 billion in 2015-'16 to $2.38 billion in 2016-'17.

"He is in the same building as me and looking at the same numbers I am," Meredith said. "I don't see how he can believe we are funding education more."

Speaking with The Oklahoman, Rogers insisted his numbers were accurate, but also said the state should still spend more on education.

Listing some more laws that passed last session:

--SB 28: Updates obsolete language concerning the Oklahoma Law Enforcement Telecommunication System.

--SB 40: The "Point, Don't Shoot" law, which allows the pointing of a firearm without discharging to prevent or deter crimes of physical violence.

--SB 370: Updates regulation for explosives used in mining.

--SB 428: Lets teachers who have been retired for at least a year to collect full pensions while also receiving payment to teach full or part time.

--SB 438: Amends insurance premium tax law to exempt municipalities from the surplus lines premium tax.

--SB 476: Changes the language of apportionment of a portion of motor vehicle taxes and fees to schools.

--SB 565: Provides for Disabled American Veterans design among state's specialty license plates.

--SB 653: Prohibits awarding veteran disability benefits as compensation in a divorce proceeding, or awarding other assets to offset disability income.

--HB 1198: Directs the Department of Veterans Affairs to create a registry of all Oklahoma veterans, including any who served on active duty in the armed forces, was discharged, or released with an honorable discharge.

--HB 1371: Deletes date requirement for certain personnel appointments under the Oklahoma Child Supervised Visitation Program.

--HB 2357: Changes franchise tax law to raise the reinstatement fee from $15 to $150.

--HB 2361: Assesses fee of $1 on professional sport tickets of less than $50, and $2 on tickets costing $50 or more.

--HB 2392: Changes fees and penalties for pesticide application licensing.

--SB 25: Removes prohibition of fireworks being sold or stored under tents or "nonrigid shelters."

--SB 102: Prohibits automatic renewal provisions in rental contracts, with exceptions.

--SB 148: Requires that those renewing their driving licenses be provided with voter registration services as required by the National Voter Registration Act. Changes of address will change the address on the voter registration.

--SB 718: Amends Oklahoma Children's Code to define children's emergency resource centers.

--SB 819: Adjusts figuring of Oklahoma Health Care Authority liens on homes of persons requiring long term care in nursing facilities, and updates definition of facilities to include those providing intermediate care for those with "intellectual disabilities."

--SB 829: Allows increase in the administrative allocation from the Child Abuse Multidisciplinary Account from half a percent to 5 percent.

--HB 2358: Increases the fuel tax remittance percentage basis from just above 98 percent to 100 percent, effective July 1, 2022.

--HB 1620: Directs the State Board of Health to develop rules requiring all medical and direct-care staff of state-licensed nursing and specialized facilities, adult day-care, assisted living, home health agencies and hospice to complete at least one hour of in-service training each year in Alzheimer's and dementia-related care.

--HB 1833: Abolishes the Council of Firefighter Training and assigns its duties to the State Fire Marshal's Office.

--HB 1968: Permits the new owner of a child care facility, if using the same personnel as the previous owner, to operate under the old license for up to 90 days.

--HB 2039: Allows Naloxone, a drug used to block the effects of opioid overdose, to be prescribed and dispensed by a licensed pharmacist. It also allows pharmacists to dispense medication to reduce patient pharmacy trips.

--HB 2348: Disassociates the standard deduction on state income tax returns from federal deductions.

--SB 153: Removes the requirement that the Tourism and Recreation Department use revenues from entrance or day-use charges at state parks for capital improvements.

SB 160: Removes liability of a boat owner if the vessel is rented or leased, or used without the owner's permission.

--SB 189: Expands sales tax exemption to include 501(c)(3) organizations that operate "as a collaborative model which connects community agencies in one location to serve individuals and families affected by violence and where victims have access to services and advocacy at no cost to the victim."

--SB 229: Allows adolescents in the care of the Office of Juvenile Affairs to receive appropriate treatment for mental illness when applicable.

--SB 244: Requires virtual charter schools to keep track of attendance.

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