E. Zachary Knight

Final Question. State Question 766 is an interesting beast. I think this one has caused more controversy than any other question on the ballot. Much like SQ 758, this one also affects property taxes, but for a different kind of property, intangible.

Here is the text of the measure.

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:

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

Intangible property under current Oklahoma law is limited to things like cash on hand. Unfortunately, what is not covered are things like Patents, Trademarks and Copyrights. What this means is that if you invented something, created something or registered a product or business name, that is all property that can be taxed. If SQ 766 were to pass, you will no longer be open for taxation on those and a whole lot of other things such as customer lists and even your good will.

There are some issues with this question that I think are unfortunate. For the most part, this question is good, but because it creates a simple blanket ban on all intangible property, it is wide open for interpretation. This means that for many years to come, businesses and other people will be in court trying to prove that what they are being taxed on should be considered intangible. However, that is hardly different than it is today. This question came about because of such court battles.

Another issue that those opposed to the question have is that this will cut available funds from schools as they rely mostly on property taxes. However, that could be of little concern if the state would open up the schools to competition on the free market.

Finally, I think that passing this question is a good move to making the tax system more fair for those who work to move the nation, state and economy forward. It would also remove double taxation on productivity and creativity. Under the current system, you are taxed on the income you make selling the book you wrote as well as owning the copyright on the book. That is not fair. Same for inventors. Same for businesses. If you are a business that people love to come to and do business with, you are not only taxed on the money you make from your customers but also on the fact that your customers like doing business with you over the competition. That is a quick way to stifle competition.

So despite the weaknesses of this question, I suggest you Vote “Yes” on SQ 766.

State Question 765 is a rather unwieldy beast of a question. This question will drastically change the way the State manages the needs of those less fortunate.

Here is the text of the question.

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.

Perhaps you have heard all the stories over the last few years about kids in the foster system dying at the hands of their foster parents, or the general mismanagement of the children under the care of the DHS. You may have also heard about the DHS being sued for these problems as well.

This question seeks to address that issue. What this question does is remove the DHS and its services from the State Constitution and grant the state legislature the power to create such an agency as it sees fit. It also provides the Governor, with the approval of the Senate, to appoint a new head of the agency. This would place the agency under a more direct accountability to the Governor and the citizens as well.

Based on all the problems that the DHS has been having in recent years, I think it is time to restructure and rethink how we take care of the needy. Making this agency more accountable to the Legislature, Governor and the people is a good way to go about it.

Vote “Yes” on SQ 765

State Question 764 is one of those issues that seems like a good idea, especially when certain external factors are in play, such as a state wide drought. However, when you really look at the question, what you see is a question asking for citizens to grant the government permission to  increase debt.

Here is the text of the measure.

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.

While the measure does have one good part to it, the Legislative checks, it still leaves the main issue intact, debt. When looking at the federal government and the $14 trillion debt it currently has and comparing that to the relatively balanced and debt free budget the state has, do we really want to the State to allow individual agencies to raise up to $300 million in debt? Even with the cause of improving the state’s water and sewage system, that argument falls flat.

Additionally, there is no indication that the Water Resources Board needs this bond power. Even supporters of the measure agree with that point. They claim that this would allow for the Board to better respond to desperate needs of municipalities. However, that same need could be addressed by setting aside portions of the current allocated budget for such needs.

So instead of authorizing new debt to meet the needs of the state, we need more sound fiscal policies.

Vote “No” ON SQ 764

I have fallen behind in my duty. This question has been getting a lot of attention over the last few days. So it is time I addressed it.

Of all the questions on the ballot this year, SQ 762 is the only question that was a slam dunk case of “Vote Yes” for me. I will explain, but first the text of the question.

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.

Oklahoma is the only state in the nation in which the Governor must approve every parole. All other states only involve the governor in violent offenders or do not involve the governor at all. With the Governor involved in every parole, the process is slow costly and unfair to those seeking parole.

Recently, Governor Mary Fallin came out in opposition to this question, even though she signed into law the exact bill it is based on. When she signed the bill, it was determined by the State Attorney General that this would have to be sent before the citizens to amend the State Constitution. So what changed between her signing the original bill and this state question being on the ballot? Probably the very public impression that she might be “soft on crime”.

I don’t see how one could even think that as Fallin has approved fewer paroles in her two years in office than previous governors did in a similar timeframe. That is an injustice to those who have served time in prison and have shown that they are reformed. They deserve a chance to integrate themselves back into society.

Because this bill is limited to non-violent offenses, there is no risk of danger to the public. Those who are serving sentences for violent crimes or other mandatory 85% sentencing terms, will still require Governor approval before parole is granted.

Oklahoma is #1 in the nation for incarceration rates among women as is a top ranking state for incarceration rates in general. Oklahoma has an incarceration problem right now. We do not have enough prison personel to handle the number of people we put behind bars. This question, if passed will help reduce that burden on our prison personel. Fewer people behind bars means an easier job for those civil servants. If this question does not pass, we will continue the compounding problem that will lead to more riots, more inmate and personel deaths.

Do the right thing and “Vote Yes” on SQ 762