How the State Senate Works: Part 1

Capitol Considerations

A Weekly Column by Senator Micheal Bergstrom

How the State Senate Works: Part 1

"Senator, I am having a problem with your bill."

I have said this to some of my colleagues.

At times I have heard a response like this: "I understand that, and maybe you will need to vote against it when you see it again. But I am asking you to give me the chance to make my argument."

What's a senator to do?

Well, if it's a bill you have serious irreconcilable issues with, you vote against it.

But what if it's a bill you just aren't sure about? Or, what if it's a bill you would want to see changed?

For a bill that begins in the Senate to become law in Oklahoma, it must first pass out of a committee or two before it can be debated on the floor, then it goes to the House of Representatives where there is a similar process before it can make it into the statute books. Along the way it will likely be amended and require additional votes. If the bill from the Senate is different from what comes back from the House there is a process called reconciliation, and there will be more votes.

Because of that, Senators will often give their colleagues the benefit of the doubt and vote to allow a bill to make it out of a committee. Why? Well, each of us wants a fair hearing on our bills. Each of us wants to be shown respect and consideration and an opportunity to make our case.

An example of that for me is Senate Bill 560, which creates a voucher system for students in highly populated counties, mostly around Tulsa and Oklahoma City. The bill's author, Senator Standridge, and I have had a conversation similar to the one above.

The bill, he argues, is to help students in failing schools attend successful private schools, using a percentage of the district state formula funds.

I have concerns with the bill, but I am voting to pass it out of committee for the reasons stated above. It won't be my last vote on this bill, but I do believe the Senator's argument deserves consideration.

As always, I am interested in feedback from my constituents, so if you have any questions or comments, please email me at bergstrom@oksenate.gov.  My office can also be reached by phone at 405-521-5561.

Helping Oklahoma Prosper the Right Way

Capitol Considerations

A Weekly Column by Senator Micheal Bergstrom

Helping Oklahoma Prosper

America was founded by socialists, at least in Plymouth Colony in Massachusetts.

When that ideology proved disastrous, the colony adopted capitalism and it thrived.

When the appropriate checks are in place, the free market economy creates prosperity and that is what we need here in Oklahoma if our government is going to escape suffering future revenue failures.

Here’s a little more about Plymouth Colony. Back in 1620, the founders of the colony had written into its charter a system of communal property and labor where the colony basically owned everything and everyone in the community was to work as best they could and then everyone would share equally in the profits, like the food.

It was a disaster.

If everyone is going to share alike, then why work hard trying to be productive? You’re still going to get your share of the pie.

Productivity tanked and starvation set in. After two and a half years, the socialist experiment was abandoned, private property was restored, and individuals began working for their own prosperity, and as a result the community prospered.

I bring this up, not to claim that Massachusetts became a perfect society after that, since it didn’t, but to point out an economic reality. Communities prosper when citizens, and by extension, businesses, are allowed and encouraged to invest in their own prosperity without the government trying to control everything.

As a member of the Senate Republican Caucus, I’m pleased that we have adopted a legislative agenda that does just that.

There are certain things the government must do. Infrastructure, education, public safety, and services that provide a safety net to our citizens are essential. Those are areas we are focused on, but more on those later.

Here are a few goals we are working on in regards to helping Oklahoma become more prosperous.

* Get rid of ineffective and costly tax incentives that consume state revenue while identifying and maintaining incentives that actually create jobs and provide a positive return of revenue to the state. If the incentive is not bringing in more tax revenue than the state is paying out, it needs to go.

* Continue building and repairing infrastructure, like roads and bridges. Our implementation of the eight-year plan has significantly reduced the number of state roads needing repair, and we have fixed or replaced about 900 of the 1200 state bridges which were in serious disrepair just a few years ago.

* Get rid of excessive regulation while strengthening appropriate regulation so that we can stimulate economic growth in the state which will lead to more jobs for Oklahomans.

* Find ways to help our state diversify its economy so it is not so dependent on oil and gas.

We also have to deal with the revenue shortfall as a top concern since we can’t cut our way to a balanced budget. We must look at raising revenue while striving to make some areas of state government more efficient, and all while not cutting essential services.

Those are some of our goals. They are something that I think is worthy of consideration.

As always, I am interested in feedback from my constituents, so if you have any questions or comments, please email me at bergstrom@oksenate.gov. My office can also be reached by phone at 405-521-5561.

What Is the State of Our State? Governor Fallin and Taxes

Capitol Considerations

A Weekly Column by Senator Micheal Bergstrom

What Is the State of Our State?

The other day, Governor Fallin delivered her State of the State message to a joint session of the legislature. In that message she laid out a number of goals she hopes will be attained during this session. Governor Fallin’s top goal: Raise taxes.

Well, that is not exactly true. The governor does want to eliminate some taxes. Let’s start with that.

ELIMINATE GROCERY TAX

Here is an idea I might be able to get behind. While I was out campaigning in my district I knocked a lot of doors and heard a lot of folks complain about the possibility of another penny being added to our already high sales tax. Many also told me of how they drive out of state to buy their groceries, often to Joplin where the tax on groceries is considerably lower than in Oklahoma. Of course, while in Joplin they also go out to eat or go shopping.

All that sales tax revenue and business benefits Missouri.

If we can find a smart way to do this, perhaps by taxing some services, I may be willing to consider such a change that would keep more of those dollars in Oklahoma while reducing the financial burden on Oklahoma’s families.

But then the governor’s next idea is to do away with the corporate income tax because, she argues, the tax forces the legislature to pick winners and losers with specific tax credits. This is about $140 million a year that Governor Fallin suggests we just do away with.

With a budget that is facing a nearly $900 million dollar shortfall, now is not the time to get rid of a revenue stream. Perhaps it is time to pick fewer winners and losers and do away with some more tax credits.

GOVERNOR’S PROPOSED TAX INCREASES

So let’s see what the new taxes are that the governor is proposing:

Sales Tax on Services $840 million

Increasing Fuel Taxes $220 million

Repeal Motor Fuel Purchaser Discount $5.8 million

Cigarette Tax $258 million

There are several more, but I’ll stop there.

I agree with the governor that the state has a revenue problem. We may need to increase some taxes, but we also need to be getting rid of more of the tax credits out there.

If we do raise some taxes, let’s be smart. For example, we should consider a tax on the electricity produced by Oklahoma’s wind farms. When the Clean Line is finished between the Panhandle and Tennessee, between 85% and 90% of the electricity generated by wind in Oklahoma will be heading over transmission lines to other states. People in others states will be getting inexpensive electricity and Oklahoma will get nothing in return. Remember, 93% of wind production is owned by companies based out of state or out of the country.

So, let’s be wise when we do raise taxes to make sure they are a true benefit to our state and our citizens, and let’s stop wasting money on questionable tax incentives.

I commend the governor for urging the legislature to take a look at our tax structure. It is certainly worthy of consideration.

As always, I am interested in feedback from my constituents, so if you have any questions or comments, please email me at bergstrom@oksenate.gov. My office can also be reached by phone at 405-521-5561.

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Unintended Consequences

Capitol Considerations

A Weekly Column by Senator Micheal Bergstrom

Unintended Consequences

A couple years back I hired an electrical contractor to run power to an out building on my property and to install a 30-amp box in the yard for a camper.

After the work was done, I plugged the camper in and immediately heard the sounds of the electrical converter being fried. Turned out the electrician had installed something incorrectly and I ended up with a new converter in the camper.

It was an honest mistake, but it had unintended consequences.

Legislation can also have unintended consequences. Regulations intended to prevent one set of issues might result in a whole new set of problems. A tax incentive intended to bring an industry to the state can end up getting out of control and become a financial burden on the state, and sometimes a new law which is passed with the best of intentions can end up making a problem even worse.

I was on my way to a meeting on the last day that legislators could put in a bill request when my phone rang. It was about 4:30 in the afternoon. I pulled over and listened to the voicemail, but wasn’t able to make out what the caller wanted. So I called Holly, my executive assistant, gave her the number and asked her to return the call. Then I got back on the road again.

Fifteen minutes later Holly called me back.

The caller was someone in my district in law enforcement, and he was asking for me to do something about a statute that had recently been passed. He was concerned about the new law’s unintended consequences. I had also had police officers, sheriffs, assistant district attorneys and quite a few others tell me the same thing.

“Senator, you have ten minutes,” Holly told me.

Ten minutes before the bill request deadline. I asked her to put in the request.

The law so many were concerned about? State Question 780.

Voters in November had approved the measure. The goal of the measure is good, to help reduce the number of non-violent criminals in prison, to provide opportunities for many to avoid a felony conviction and remain a productive member of society.

However, here’s an example of the law’s unintended consequences.

As one assistant district attorney explained it to me, someone can have dangerous drugs like meth or heroin and even be in the presence of children, and the only consequence is a misdemeanor charge and a fine. Then he or she can do the same thing again the next day and the next and on and on. The district attorney has no way to force the individual into drug court or rehabilitation.

So here’s what I’ve done.

My bill, SB256, makes a third arrest for drug possession a felony. Drugs like marijuana are excluded from this change. As the number of arrests go up, so does the punishment, and an arrest where children are at risk carries an even greater penalty.

By offering this common sense response to a well-intended law, I hope to put some teeth back into the law, better protect our state’s children, and give law enforcement the tool it needs to encourage those with a drug problem to get the help they need.

It is something that I think is worthy of consideration.

As always, I am interested in feedback from my constituents, so if you have any questions or comments, please email me at bergstrom@oksenate.gov. My office can also be reached by phone at 405-521-5561.