Advocacy

The construction industry generates billions of dollars in revenue each year, while the government generates countless regulations that complicate the business of construction. ASA-OK is your voice and advocate in Washington and at the State Capitol. Through our active advocacy efforts, we have successfully improved the business conditions for subcontractors and suppliers alike. ASA-OK fights the tough battles for you, on issues such as insurance, retainage, standard contract language, prompt payment, among numerous others.

What Has ASA-OK Done For You at the State Capitol?

Passed legislation to provide prompt pay to subcontractors for both private and public work
Passed anti-indemnity legislation
Passed legislation reducing retainage levels on public projects
Passed legislation modifying pre-lien law requirements
Protected subcontractors on wrap-up insurance
Led efforts to enforce Oklahoma laws on out-of-state contractors

2012 Legislative Campaign

Click here to see ASA-OK's 2012 Legislative campaign.

ASA-OK has had several great wins the past couple of years. The following are just a few that have represented real savings to our members. Click on the active links below to see the bills passed for your benefit.

HB 1075 (as passed in 2011) - for public construction contracts, providing requirements to partial payment; retainage; effective date. Requires 5 percent of all partial payments made in a public construction project be withheld as retainage.
Pre-Lien Notice (as passes in 2011) - amending 42 O.S. Section 142.6, which relates to pre-lien notice; statutory reference; time period for filing of certain statement.
Fair Pay Act SB 573 (as passed in 2009) - providing requirements for bond; codification; effective date.

What Has ASA National Done for You Lately? Highlights of Federal Public Policy in 2010.

ASA worked with senators to require federal agencies to make public federal prime contractors’ “history of unjustified, untimely payments to subcontractors.” The law takes effect in September 2011.
ASA spearheaded the Construction Quality Assurance Act, H.R. 3492. This bill would have required firms that bid on federal agency construction contracts over $1 million to list “the name, location of the place of business, and nature of the work” of each subcontractor they planned to use for $100,000 or more of the work.
ASA worked with senators to require federal prime construction contractors to explain to their federal contracting officers the reasons for which they did not “acquire articles, equipment, supplies, services or materials or obtain the performance of construction work” from those small businesses whose bids or proposals they used “in preparing their bid or proposal.” The law takes effect in September 2011.
ASA urged federal rule makers to require bid listing on federal projects in rules intended to increase transparency in federal contracting. In comments, ASA said: “ASA believes that prime contractors should be required to list first tier subcontract information with their bids, rather than after the prime contractor is awarded the contract.
ASA successfully lobbied for key tax provisions, including extending and expanding the Section 179 expensing threshold, extending bonus depreciation, allowing a five-year carry back of general business credits, and other construction-related provisions in the White House-Republican tax compromise (H.R. 4853) signed on Dec. 17, 2010.
ASA lobbied to establish an exemption of $5 million and a top tax rate of 35 percent for the estate tax. The Congress adopted this provision, but only for two years.
ASA urged the chairmen of the House and Senate tax-writing committees not to adopt a proposal to require S Corporation shareholders to withhold payroll taxes from their service based income. Under this proposal, 43 percent of ASA-member companies would have seen their tax burden balloon.
ASA worked to repeal the law requiring businesses to issue an IRS Form 1099 to each business to which they make $600 or more in payments during a calendar year. This requirement, part of the health care reform law, is set to take effect in 2012.
ASA submitted comments to the IRS explaining that expanded Form 1099 reporting requirements would "greatly increase the paperwork burden for businesses of all sizes; strain the administrative operations of most firms; and increase costs for additional paid time."
ASA lobbied for the repeal of the 3 percent tax withholding requirement, which would require all federal, state and local entities with outlays over $100 million to withhold 3 percent from all payments over $10,000. The withholding requirement is set to take effect on Jan. 1, 2012.
ASA lobbied for the repeal of the 3 percent tax withholding requirement, which would require all federal, state and local entities with outlays over $100 million to withhold 3 percent from all payments over $10,000. The withholding requirement is set to take effect on Jan. 1, 2012.
ASA renewed its call for comprehensive immigration reform. ASA contacted federal legislators and asked them to secure our borders and to fix our broken immigration system.
ASA urged OSHA not to add a column for musculoskeletal disorders to the OSHA 300 Log for reporting workplace injuries and illnesses. ASA told regulators that this change could cause employers to either over-report MSDs, or retain medical experts at great costs in order to accurately report MSD incidence.

ASA told the Environmental Protection Agency that renovation firms working on public and commercial projects already employ lead-safe best practices. This was in response to EPA’s plan to expand regulation of lead-based paint hazards in public and commercial buildings.
ASA called for new federal construction financing proposals such as the proposed National Infrastructure Bank to include payment protections for subcontractors.
ASA educated legislators about the damaging effect on construction subcontractors of many of the provisions of the Patient Protection and Affordable Care Act.

Click here to review the full ASA Special Report. Please visit this page periodically for updates!