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Despite legislative threats, CompSource survives session unscathed
by Janice Francis-Smith
The Journal Record
May 28, 2008
OKLAHOMA CITY – State leaders made a number of ominous statements at the
beginning of the 2008 legislative session concerning the state-created
workers compensation insurer, CompSource. But when the Legislature
adjourned Friday, none of those proposals or pronouncements had become law.
CompSource is a nonprofit, self-supporting workers compensation insurance
company created by the state to ensure Oklahoma business owners will always
be able to obtain coverage for their employees. During economic hard times,
when private insurers are reluctant to write coverage for high-risk
employers, CompSource will take on those otherwise uninsurable employers,
earning the agency the moniker of insurer of last resort. CompSource does
not receive state money, but operates on investment income and customer
premiums.
The size of CompSources book of business is heavily reliant on market
conditions. During hard economic times, more of the market share flows to
CompSource. When economic times are good and private insurers are willing to
take on more risk, CompSource loses policies to the private sector.
Lawmakers have often proposed the quasi-state agency be privatized, but
usually such proposals are scrapped when leaders are unable to guarantee
that otherwise uninsurable business owners would be able to obtain coverage.
In January, then-Speaker of the House Lance Cargill, R-Harrah, questioned
whether the state should be in the insurance business at a press conference
focusing on his efforts to streamline government. Cargill recommended the
Legislature review any non-core or non-performing state-owned assets that
may be sold off to a private-sector business, including CompSource and the
state-owned Grand River Dam Authority power company.
Less than a week later, Cargill resigned as speaker amid an ethics
investigation and the revelation that he had repeatedly paid his personal
income and property taxes late. The state House of Representatives quickly
elected state Rep. Chris Benge, R-Tulsa, as speaker before the session began
Feb. 4. But little was mentioned after that time regarding CompSource.
Gov. Brad Henry, in the executive budget he presented to the Legislature on
the first day of session, proposed several revenue-generating ideas to
compensate for the $260 million gap between the amount spent in his budget
and the amount lawmakers were expected to have available for expenditure.
One of Henrys proposals was to impose a 2.25-percent premium tax on
CompSource, expected to generate an additional $7.5 million for the
Legislature to spend. Currently, CompSource is exempt from taxation to
compensate for the fact that, unlike a private insurer, the company cannot
turn away high-risk employers. Henry claimed the added cost could be paid
out of increased revenue yielded by new financial and administrative
policies. But Henrys proposal to impose a tax on CompSource failed to gain
traction during the 2008 session.
CompSource President Terry McCullar said the session was pretty quiet for
CompSource officials, though the company was delighted to see the passage of
House Bill 1959 by state Rep. Ron Peterson, R-Broken Arrow, which was signed
by the governor on April 28. The new law gives CompSource the authority to
provide insurance coverage for employees who work out of state for an
Oklahoma-based company.
Reprinted by CompSource Oklahoma with permission from the Journal Record
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