Curious about the State Questions on the November Ballot? The LWV has done the work for you... THE LEAGUE OF WOMEN VOTERS OF OKLAHOMA A VOTER GUIDE STATE QUESTIONS ON THE NOV. 6, 2012 BALLOT There are 6 state questions on the November General Election Ballot. On issues where the League has no official position, it researches and presents the opinions of those who support the measure and those who oppose the measure. There are 4 state questions with pros and cons in this document. There are 2 state questions where the League has a position; these are noted and published elsewhere.   STATE QUESTION NO. 758 Legislative Referendum No. 358 This measure amends the State Constitution. It amends Section 8B of Article 10. The measure deals with real property taxes also called ad valorem taxes. These taxes are based on several factors. One factor is the fair cash value of the property. The measure changes the limits on increases in fair cash value. Now, increases are limited to 5% of fair cash value in any taxable year. The measure changes the cap on increases to 3% for some property. The 3% cap would apply to homestead exempted property. The cap would also apply to agricultural land. The measure also removes obsolete language. SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES AGAINST THE PROPOSAL — NO PROPONENTS SAY OPPONENTS SAY     Only affects agricultural land and homestead properties. More home & farm budget dollars could be spent on other needs and items. A lower assessment cap would help property owners whose market values are rising rapidly while shifting the tax burden to taxpayers whose property values are not rising which would more equitably spread the tax burden.       The revenue may be made up by valuation adjustments in other types of property. Hardest hit would be public education funds to which 65% of ad valorem taxes are dedicated. May require some districts to pass new bond issues to make up the funding shortfall, which would raise your taxes (millage rate).   STATE QUESTION NO. 759 Legislative Referendum No. 359 This measure adds a new section to the State Constitution. It adds Section 36 to Article II. The measure deals with three areas of government action. These areas are employment, education and contracting. In these areas, the measure does not allow affirmative action programs. Affirmative action programs give preferred treatment based on race, color or gender. They also give preferred treatment based on ethnicity or national origin. Discrimination on these bases is also not permitted. The measure permits affirmative action in three instances. 1. When gender is a bonafide qualification, it is allowed. 2. Existing court orders and consent decrees that require preferred treatment will continue and can be followed. 3. Affirmative action is allowed when needed to keep or obtain federal funds. The measure applies to the State and its agencies. It applies to counties, cities and towns. It applies to school districts. It applies to other State subdivisions. The measure applies only to actions taken after its approval by the people. SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES AGAINST THE PROPOSAL — NO THE LEAGUE OF WOMEN VOTERS HAS A POSITION ON THIS PROPOSAL THAT CAN BE ACCESSED AT ITS WEBSITE: www.lwvok.org, www.lwvstillwater.org or call 405.612.8558   STATE QUESTION NO. 762 Legislative Referendum No. 360 This measure amends Section 10 of Article 6 of the Oklahoma Constitution. It changes current law, decreasing the power and authority of the Governor by removing the Governor from the parole process for persons convicted of certain offenses defined as nonviolent offenses. It enlarges the power and authority of the Pardon and Parole Board by authorizing that Board, in place of the Governor, to grant parole to persons convicted of certain offenses defined as nonviolent offenses. The Legislature defines what offenses are nonviolent offenses and the Legislature may change that definition. The measure authorizes the Pardon and Parole Board to recommend to the Governor, but not to itself grant, parole for persons convicted of certain offenses, specifically those offenses identified by law as crimes for which persons are required to serve not less than eighty-five percent of their sentence prior to being considered for parole and those designated by the Legislature as exceptions to nonviolent offenses. For those offenses for which persons are required to serve a minimum mandatory period of confinement prior to being eligible to be considered for parole, the Pardon and Parole Board may not recommend parole until that period of confinement has been served. SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES AGAINST THE PROPOSAL — NO THE LEAGUE OF WOMEN VOTERS HAS A POSITION ON THIS PROPOSAL THAT CAN BE ACCESSED AT ITS WEBSITE: www.lwvok.org, www.lwvstillwater.org or call 405.612.8558   STATE QUESTION NO. 764 LEGISLATIVE REFERENDUM NO. 361 This measure amends the Oklahoma Constitution. It adds a new Section 39A to Article 10. It would allow the Oklahoma Water Resources Board to issue bonds. Any bonds issued would be used to provide a reserve fund for the Board. The fund would be a reserve fund for certain water resource and sewage treatment funding programs. The fund could only be used to pay other bonds and obligations for the funding programs. The bonds could only be issued after other monies and sources are used for repayment. The bonds would be general obligation bonds. Not more than Three Hundred Million Dollars worth of bonds could be issued. The Legislature would provide the monies to pay for the bonds. The Legislature would provide for methods for issuing the bonds. The Legislature would provide for how the fund is administered. SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES AGAINST THE PROPOSAL — NO PROPONENTS SAY OPPONENTS SAY     Creates a new fund for the OWRB to increase its leveraging capacity, by providing low interest loans to local governments for water and sewer improvements. If the measure fails, the agency’s Financial Assistance Program for cities/towns would be reduced to funding only 5 to 10 percent of infrastructure needs over the next 50 years. If not passed water and sewer rates would increase because local governments would have to go to other more expensive sources for capital improvement funding. Those other sources usually charge higher interest rates. There has not been a loan default in the 30 years of the current program.       OK does not need to incur additional public debt. If passed, this measure would put the Legislature in a position of committing to repay up to an estimated $25 million to cover defaulted loans. Non-governmental funding sources, even with higher interest rates, may be more stable in the future.   STATE QUESTION NO. 765 LEGISLATIVE REFERENDUM NO. 362 The measure amends the Oklahoma Constitution. It abolishes the Oklahoma Department of Human Services, the Oklahoma Commission of Human Services and the position of Director of the Oklahoma Department of Human Services. These entities were created under different names by Sections 2, 3 and 4 of Article 25 of the Oklahoma Constitution and given duties and responsibilities related to the care of the aged and needy. The measure repeals these sections of the Constitution and consequently, removes the power of the Commission of Human Services to establish policy and adopt rules and regulations. Under the measure, the Legislature and the people by initiative petition retain the power to adopt legislation for these purposes. The measure adds a provision to the Constitution authorizing the Legislature to create a department or departments to administer and carry out laws to provide for the care of the aged and the needy. The measure also authorizes the Legislature to enact laws requiring the newly-created department or departments to perform other duties. SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES AGAINST THE PROPOSAL — NO PROPONENTS SAY OPPONENTS SAY     Legislation (HB 3137) is already in place to create a new structure, contingent on the passage of this question. Director would be appointed by the Governor with consent of the Senate. New structure would have 4 citizen advisory councils, instead of one board of directors.       Despite the recent events, the current DHS system is not so broken to require such drastic measures for restructuring. If passed, would put the structure back in the hands of the Legislature, which may make it more unstable. What would happen to the affected population if subsequent legislatures decide to restructure the system again, without the Constitutional guarantee of a structure?   STATE QUESTION NO. 766 LEGISLATIVE REFERENDUM NO. 363 This measure amends Section 6A of Article 10 of the Oklahoma Constitution. At present that section exempts some intangible personal property from ad valorem property taxation. This measure would exempt all intangible personal property from ad valorem property taxation. An ad valorem property tax is a tax imposed upon the value of property. Intangible Personal Property is property whose value is not derived from its physical attributes, but rather from what it represents or evidences. Intangible Personal Property which is still currently taxed but would not be taxed if the measure is adopted, includes items such as: patents, inventions, formulas, designs, and trade secrets; o licenses, franchise, and contracts land leases, mineral interests, and insurance policies custom computer software trademarks, trade names and brand names If adopted, the measure would apply to property taxation starting with the tax year that begins on January 1, 2013: SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES AGAINST THE PROPOSAL — NO PROPONENTS SAY OPPONENTS SAY If the question does not pass, hunting leases, unused mineral rights, insurance policies, customer lists, computer software, and even patents and inventions would all be subject to taxation. Ensure that Oklahoma is poised for future jobs, investment, and economic growth. Almost no other state taxes this type of property. A 2009 OK Supreme Court ruling requires Co. Assessors to find intangibles to tax even on small businesses.   The lost revenue may be made up by valuation adjustments in other types of property, or new taxes. Worst case scenario would be a $50M loss of revenue across the state for education (generally 65% of ad valorem tax) and other county services. Might create a new job in county assessor offices to solely work on intangible valuations on county businesses.  

THE LEAGUE OF WOMEN VOTERS – VOTER GUIDE – STATE QUESTIONS

Curious about the State Questions on the November Ballot?

The LWV has done the work for you...

THE LEAGUE OF WOMEN VOTERS OF OKLAHOMA A VOTER GUIDE
STATE QUESTIONS ON THE NOV. 6, 2012 BALLOT

There are 6 state questions on the November General Election Ballot.

On issues where the League has no official position, it researches and presents the opinions of those who support the measure and those who oppose the measure. There are 4 state questions with pros and cons in this document.

There are 2 state questions where the League has a position; these are noted and published elsewhere.

 

STATE QUESTION NO. 758 Legislative Referendum No. 358

This measure amends the State Constitution. It amends Section 8B of Article 10.

The measure deals with real property taxes also called ad valorem taxes. These taxes are based on several factors. One factor is the fair cash value of the property.

The measure changes the limits on increases in fair cash value. Now, increases are limited to 5% of fair cash value in any taxable year.

The measure changes the cap on increases to 3% for some property. The 3% cap would apply to homestead exempted property. The cap would also apply to agricultural land.

The measure also removes obsolete language.

SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES
AGAINST THE PROPOSAL — NO

PROPONENTS SAY

OPPONENTS SAY

 
 
  • Only affects agricultural land and homestead properties.

  • More home & farm budget dollars could be spent on other needs and items.

  • A lower assessment cap would help property owners whose market values are rising rapidly while shifting the tax burden to taxpayers whose property values are not rising which would more equitably spread the tax burden.

 
 
 
  • The revenue may be made up by valuation adjustments in other types of property.

  • Hardest hit would be public education funds to which 65% of ad valorem taxes are dedicated.

  • May require some districts to pass new bond issues to make up the funding shortfall, which would raise your taxes (millage rate).

 

STATE QUESTION NO. 759 Legislative Referendum No. 359

This measure adds a new section to the State Constitution. It adds Section 36 to Article II.

The measure deals with three areas of government action. These areas are employment, education and contracting.

In these areas, the measure does not allow affirmative action programs. Affirmative action programs give preferred treatment based on race, color or gender. They also give preferred treatment based on ethnicity or national origin. Discrimination on these bases is also not permitted.

The measure permits affirmative action in three instances. 1. When gender is a bonafide qualification, it is allowed. 2. Existing court orders and consent decrees that require preferred treatment will continue and can be followed. 3. Affirmative action is allowed when needed to keep or obtain federal funds.

The measure applies to the State and its agencies. It applies to counties, cities and towns. It applies to school districts. It applies to other State subdivisions.

The measure applies only to actions taken after its approval by the people.

SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES
AGAINST THE PROPOSAL — NO

THE LEAGUE OF WOMEN VOTERS HAS A POSITION ON THIS PROPOSAL THAT CAN BE ACCESSED AT ITS WEBSITE: www.lwvok.org, www.lwvstillwater.org or call 405.612.8558

 

STATE QUESTION NO. 762 Legislative Referendum No. 360

This measure amends Section 10 of Article 6 of the Oklahoma Constitution. It changes current law, decreasing the power and authority of the Governor by removing the Governor from the parole process for persons convicted of certain offenses defined as nonviolent offenses. It enlarges the power and authority of the Pardon and Parole Board by authorizing that Board, in place of the Governor, to grant parole to persons convicted of certain offenses defined as nonviolent offenses.

The Legislature defines what offenses are nonviolent offenses and the Legislature may change that definition.

The measure authorizes the Pardon and Parole Board to recommend to the Governor, but not to itself grant, parole for persons convicted of certain offenses, specifically those offenses identified by law as crimes for which persons are required to serve not less than eighty-five percent of their sentence prior to being considered for parole and those designated by the Legislature as exceptions to nonviolent offenses. For those offenses for which persons are required to serve a minimum mandatory period of confinement prior to being eligible to be considered for parole, the Pardon and Parole Board may not recommend parole until that period of confinement has been served.

SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES
AGAINST THE PROPOSAL — NO

THE LEAGUE OF WOMEN VOTERS HAS A POSITION ON THIS PROPOSAL THAT CAN BE ACCESSED AT ITS WEBSITE: www.lwvok.org, www.lwvstillwater.org or call 405.612.8558

 

STATE QUESTION NO. 764 LEGISLATIVE REFERENDUM NO. 361

This measure amends the Oklahoma Constitution. It adds a new Section 39A to Article 10. It would allow the Oklahoma Water Resources Board to issue bonds. Any bonds issued would be used to provide a reserve fund for the Board. The fund would be a reserve fund for certain water resource and sewage treatment funding programs. The fund could only be used to pay other bonds and obligations for the funding programs. The bonds could only be issued after other monies and sources are used for repayment. The bonds would be general obligation bonds. Not more than Three Hundred Million Dollars worth of bonds could be issued. The Legislature would provide the monies to pay for the bonds. The Legislature would provide for methods for issuing the bonds. The Legislature would provide for how the fund is administered.

SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES
AGAINST THE PROPOSAL — NO

PROPONENTS SAY

OPPONENTS SAY

 
 
  • Creates a new fund for the OWRB to increase its leveraging capacity, by providing low interest loans to local governments for water and sewer improvements.

  • If the measure fails, the agency’s Financial Assistance Program for cities/towns would be reduced to funding only 5 to 10 percent of infrastructure needs over the next 50 years.

  • If not passed water and sewer rates would increase because local governments would have to go to other more expensive sources for capital improvement funding. Those other sources usually charge higher interest rates.

  • There has not been a loan default in the 30 years of the current program.

 
 
 
  • OK does not need to incur additional public debt.

  • If passed, this measure would put the Legislature in a position of committing to repay up to an estimated $25 million to cover defaulted loans.

  • Non-governmental funding sources, even with higher interest rates, may be more stable in the future.

 

STATE QUESTION NO. 765 LEGISLATIVE REFERENDUM NO. 362

The measure amends the Oklahoma Constitution. It abolishes the Oklahoma Department of Human Services, the Oklahoma Commission of Human Services and the position of Director of the Oklahoma Department of Human Services. These entities were created under different names by Sections 2, 3 and 4 of Article 25 of the Oklahoma Constitution and given duties and responsibilities related to the care of the aged and needy. The measure repeals these sections of the Constitution and consequently, removes the power of the Commission of Human Services to establish policy and adopt rules and regulations. Under the measure, the Legislature and the people by initiative petition retain the power to adopt legislation for these purposes.

The measure adds a provision to the Constitution authorizing the Legislature to create a department or departments to administer and carry out laws to provide for the care of the aged and the needy. The measure also authorizes the Legislature to enact laws requiring the newly-created department or departments to perform other duties.

SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES
AGAINST THE PROPOSAL — NO

PROPONENTS SAY

OPPONENTS SAY

 
 
  • Legislation (HB 3137) is already in place to create a new structure, contingent on the passage of this question.

  • Director would be appointed by the Governor with consent of the Senate.

  • New structure would have 4 citizen advisory councils, instead of one board of directors.

 
 
 
  • Despite the recent events, the current DHS system is not so broken to require such drastic measures for restructuring.

  • If passed, would put the structure back in the hands of the Legislature, which may make it more unstable.

  • What would happen to the affected population if subsequent legislatures decide to restructure the system again, without the Constitutional guarantee of a structure?

 

STATE QUESTION NO. 766 LEGISLATIVE REFERENDUM NO. 363

This measure amends Section 6A of Article 10 of the Oklahoma Constitution. At present that section exempts some intangible personal property from ad valorem property taxation. This measure would exempt all intangible personal property from ad valorem property taxation.

An ad valorem property tax is a tax imposed upon the value of property.

Intangible Personal Property is property whose value is not derived from its physical attributes, but rather from what it represents or evidences.

Intangible Personal Property which is still currently taxed but would not be taxed if the measure is adopted, includes items such as:

  • patents, inventions, formulas, designs, and trade secrets; o licenses, franchise, and contracts
  • land leases, mineral interests, and insurance policies
  • custom computer software
  • trademarks, trade names and brand names

If adopted, the measure would apply to property taxation starting with the tax year that begins on January 1, 2013:

SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES
AGAINST THE PROPOSAL — NO

PROPONENTS SAY

OPPONENTS SAY

  • If the question does not pass, hunting leases, unused mineral rights, insurance policies, customer lists, computer software, and even patents and inventions would all be subject to taxation.

  • Ensure that Oklahoma is poised for future jobs, investment, and economic growth.
    Almost no other state taxes this type of property.

  • A 2009 OK Supreme Court ruling requires Co. Assessors to find intangibles to tax even on small businesses.

 
  • The lost revenue may be made up by valuation adjustments in other types of property, or new taxes.

  • Worst case scenario would be a $50M loss of revenue across the state for education (generally 65% of ad valorem tax) and other county services.

  • Might create a new job in county assessor offices to solely work on intangible valuations on county businesses.

 

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>