Tax-cut bills advanced by House, Senate

Thursday, March 4th 2004, 12:00 am

By: News On 6

OKLAHOMA CITY (AP) _ Oklahoma lawmakers passed bills to cut taxes and raise teacher salaries Wednesday, but balked at allowing county officers the chance to run for the Legislature this year without resigning their posts.

In the House, another measure calling for a vote of the people on increasing motor fuel taxes was approved, while the Senate passed an ambitious capital gains tax plan.

House members voted 66-32 for a bill to permit county officers, including county commissioners, to run for other office without first resigning. Most of the opposition was from Republicans.

But the bill's emergency clause, which requires a two-thirds vote, was defeated, 50-49. Without the emergency clause, a bill does not take effect until 90 days after the end of the session.

That would mean county officers cannot take advantage of the change and run this year for the Legislature or other office without first resigning their current positions.

Rep. Gary Taylor, D-Dewey, said the vote on the emergency clause was ``a protectionist vote.''

He said the situation is unfair because other state officers, including lawmakers, do not have to quit their jobs to run for other office.

The House passed a bill by Rep. Randall Erwin, D-Nashoba, to raise the gasoline tax by 5 cents a gallon and the diesel tax by 7 cents a gallon to raise about $145 million for highways.

It is among a series of fuel tax increase measures that are headed for a joint House-Senate conference committee for further work.

House members also voted 52-46 for a bill by Rep. Opio Toure, D-Oklahoma City, to set up procedures to comply with a U.S. Supreme Court ruling banning execution of the mentally retarded.

Rep. Bill Graves, R-Oklahoma City, said the decision amounted to an attack on representative government because it overturned state laws permitting such executions.

``This is about judicial imperialism,'' Graves said.

The nation's highest court had ``committed treason to the U.S. Constitution'' and the Legislature was being asked to be obedient to an unconstitutional act, Graves charged.

Toure got a bill passed banning executions of mentally retarded inmates two years ago, but it was vetoed by former Republican Gov. Frank Keating prior to the Supreme Court ruling.

Toure said while someone might disagree with a Supreme Court ruling, it should be respected as the law of the land. He said he had ``spiritual cousins dying in Haiti because people don't have respect for their institutions.''

Toure's bill now goes to the Senate for consideration.

The Senate voted 46-0 for a bill by Sen. Mark Snyder, R-Edmond, that would cut the capital gains taxes 12.5 percent a year, providing there was enough growth revenue available to cover the revenue loss. That bill also is headed for a conference committee.

Senators also voted 46-0 for a measure by Sen. Kenneth Corn, D-Poteau, that contains future salary schedules that would raise the pay of state teachers to the regional average.

Another bill passed by the Senate targets businesses that accept state tax breaks, then leave the state within seven to 10 years.

Sen. Paul Gumm, D-Durant, said his plan would require a company relocating outside the state less than seven years after receiving incentive payments to pay back 100 percent of the money to the state.

Those relocating after eight years would pay back 90 percent. The rate would fall to 80 percent after nine years.

``It is bad public policy to reward companies that take our incentives, stick that money in their pockets and then move on,'' Gumm said. His bill now goes to the House.