2011-12 Legislative Campaign Report Card

1. 2011-12 Legislative CampaignReport Card

2. ASA-OK Policy Victories • Ensured Subcontractor Participation in State Best Value Regulations • Provided Payment Protection on Public-Private Partnerships (P3s) • Provided Bonding Protection for All Tiers • Maintained Equitable Worker’s Compensation System • Enhanced Public Storm Shelter Opportunities • Provided for Enforcement of State Laws & Regulations on Out-of-State Subcontractors

3. Best Value Senate Bill 96 modified the Public Competitive Bidding Act to authorize DCS to award contracts using Best Value competitive proposals • ASA-OK ensured subcontractor participation in Oklahoma Best Value regulations

4. Payment Protection on P3s Public-Private Partnerships (P3s) blend the private and public financing and ownership of construction and real estate • Can’t lien a public project • Private projects not subject to bonding requirements

5. Payment Protection on P3s • ASA-OK passed SB 1053 which requires bonds on all P3 projects • SB 1053 also ensures bond protection goes beyond the 2nd tier to all tiers of subcontractors and their suppliers

6. Worker’s Compensation • ASA-OK stopped efforts to provide an opt-out option to Oklahoma’s worker’s compensation law • Opt-out would have placed small businesses & subcontractors at a competitive disadvantage • Opt-out would have increased the cost of worker’s comp for small businesses & subcontractors

7. Storm Shelter Initiative • ASA-OK helped pass HB 2419 which eliminates liability for any entity or individual that provides access to a safe place in times of severe weather if acting in good faith

8. Out-of-State Subcontractors • ASA-OK called upon state officials, agencies and the legislature to implement a system that ensures all subcontractors doing business in the state of Oklahoma do so in full compliance with Oklahoma laws and regulations.

9. Out-of-State Fraud ASA-OK passed HB 2258, a bill to be effective on November 1st that: • Requires that all contractors submitting a written bid on a public construction project in Oklahoma show proof of current employer identification numbers issued them by the Oklahoma Tax Commission, the Oklahoma Employment Security Commission, the Internal Revenue Service, and the Social Security Administration. 

10. Out-of-State Fraud ASA-OK passed HB 2258, a bill to be effective on November 1st that: Provides that any contractor that fails to provide proof of current identification numbers issued by the Oklahoma Tax Commission, the Oklahoma Employment Security Commission, the Internal Revenue Service, and the Social Security Administration, or any contractor that performs work in Oklahoma as a resident or nonresident contractor without registering with the Oklahoma Tax Commission and the Oklahoma Employment Securities Commission, shall be fined up to 10% of the contractor's total bid.

11. Out-of-State Fraud ASA-OK passed HB 2258, a bill to be effective on November 1st that: • Provides that any contractor that • intentionally misclassifies individuals • as independent contractors rather • than employees shall be fined by up • to 10% of the contractor's total bid.

12. Out-of-State Fraud ASA-OK passed HB 2258, a bill to be effective on November 1st that: Requires state agencies to share information and coordinate investigative and enforcement efforts for the purpose of detecting those contractors who intentionally misclassifies individuals as independent contractors rather than employees.

13. 2011-12 Legislative Campaign Victories Ensured Subcontractor Participation in State Best Value Regulations Provided Payment Protection on Public-Private Partnerships (P3s) Provided Bonding Protection for All Tiers Maintained Equitable Worker’s Compensation System Enhanced Public Storm Shelter Opportunities Provided for Enforcement of State Laws & Regulations on Out-of-State Subcontractors Questions & Discussion