The Oklahoma Senate

Week In Review
Monday, May 16 to Thursday May 20, 2005

Monday, May 16th

• The Senate convened to consider the following pieces of legislation in the final three weeks of session:

-HAs to SB 962 by Sen. Angela Monson and Rep. Susan Winchester prohibits public officials from having a personal interest in any property that is to be acquired or developed with public finance assistance. The bill passed 44-0.

-HAs to SB 430 by Sen. Patrick Anderson and Rep. Mike Jackson would require purple property markers on trees or posts on their property and keeps $250 as the fine for trespassing without permission. The bill failed 22-20, with 25 votes needed for passage.

-HAs to SB 684 by Sen. Owen Laughlin and Rep. John Nance modifies provisions for notification of and payment for outstanding misdemeanor warrants to authorize county sheriffs to enter into private contracts to require the contractor to attempt to locate and notify individuals of their outstanding misdemeanor warrants. The bill also allows electronic payment of fees and authorizes court clerks to retain 10 percent of the collected fee. The bill passed 44-1.

-HAs to SB 458 by Sen. Nancy Riley and Rep. Lucky Lamons creates a 13-member Youthful Offender Task Force of 2005 to evaluate the effectiveness of the Youthful Offender Act and related juvenile justice issues, study the best practices for similar types of adjudicated juveniles in other states and jurisdictions, the ability and effects of transferring youth to the Department of Corrections and to make recommendations for changes, modifications or revisions to the act. The task force will be required to submit a written report of recommendations and findings to the Governor, Senate President Pro Tempore, and House Speaker. The bill passed 43-0.

-HAs to SB 983 by Sen. Bernest Cain and Rep. Doug Cox renames the “Maternal Care Infant Care Act” to the “Maternal and Infant Care Improvement Act” to direct the Department of Health to establish a statewide program directed toward the health needs of pregnant women and infants. The bill passed 44-0.

-CCR to SB 556 by Sen. Frank Shurden and Rep. Don Armes provides that the manufacture, exhibition or storage of machines and devices capable of being used to conduct gaming authorized by the State-Tribal Gaming Act or other gaming that may be lawfully conducted by an Indian Tribe in the state are lawful activities that may not be used as the basis for criminal prosecution. The bill passed 31-13 and the emergency was approved 37-7.

-SCR 30 by Sen. Charles Wyrick and Rep. Ken Nance recalls from the Office of the Governor Enrolled SB 14.

• The Senate General Conference Committee on Appropriations also met on Monday to approve the following 13 measures:

-CCS for SB 121 by Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport appropriates $571,786,355 to the Oklahoma Health Care Authority.

-CCS fro SB 123 by Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport appropriates $3,792,283 to the J.D. McCarty Center for the Children with Developmental Disabilities.

-CCS for SB 127 Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport appropriates $40,549,342 to the University Hospitals Authority.

-CCS for SB 131 by Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport appropriates $1,725,018 to the Commission on Children and Youth.

-CCS for SB 133 by Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport appropriates $376,944 to the Office of Handicapped Concerns.

-CCS for SB 135 by Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport appropriates $686,563 to the Human Rights Commission.

-CCS for SB 139 by Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport appropriates $255,530 to the Indian Affairs Commission.

-CCS for SB 141 by Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport appropriates $93,503,160 to the Office of Juvenile Affairs.

-CCS for SB 821 by Sen. Randy Bass and Rep. John Carey authorizes the Adjutant General to expend appropriated funds for the payment or reimbursement of insurance premiums to provide coverage up to $250,000 under Serviceman’s Group Life Insurance or the State Sponsored Life Insurance for the military members of the Oklahoma Army and Air National Guard.

-CCS for HB 1435 by Sen. Johnnie Crutchfield and Rep. Wes Hilliard raises the pay of teachers at the Oklahoma School for the Deaf in Sulphur and the Oklahoma School for the Blind in Muskogee.

-CCS for HB 1609 by Sen. Charlie Laster and Rep. Doug Miller expands authority of the Used Motor Vehicle and Parts Commission to include licensure and supervision of manufactured home salespersons.

-CCS for HB 1405 by Sen. Johnnie Crutchfield and Rep. Ray Young modifies juvenile adjudication procedures to add juvenile drug courts as an option and provide for juvenile drug court investigations.

-HB 1754 by Sen. Earl Garrison and Rep. Doug Miller expands agencies that may provide the state bid list to include the General Services Administration.


• The House of Representatives convened briefly to consider the following pieces of legislation:

-CCR for HB 1390 by Rep. Neil Brannon and Sen. Earl Garrison allows alternate certification for school superintendent and principals who declare their intention to earn alternative certification through completion of an approved administrative preparation program in no more than three years. The conference committee report for the bill restores the title and the bill passed 98-0.

-HCR 1028 by Rep. Dale Turner requests United States Fish and Wildlife Services and the United States Congress to take certain action relating to critical habitat designation for threatened species. The resolution was adopted.

-HCR 1030 by Rep. John Wright and Sen. Kenneth Corn waives the 30-legislative-day review period for proposed amendments to permanent rule OAC 40:25-1-3 of the Board of Tests for Alcohol and Drug Influence, which relates to alcoholic breath simulators. The resolution was adopted.

-SCR 30 by Sen. Charles Wyrick and Rep. John Nance recalls from the Office of the Governor Enrolled SB 14 passed by the 1st Session of the 50th Oklahoma Legislature. The resolution was adopted.

-SB 14 by Sen. Charles Wyrick and Rep. John Nance adds a Council of Government representative to the members of Regional Planning and Coordination Advisory Councils for Homeland Security.

• Rep. Mark Liotta held a conference committee hearing Monday to discuss the findings of a recent audit on state vehicles and HB 1927 and SB 545. HB 1927 by Rep. Mark Liotta and Sen. Frank Shurden centralizes management of all state vehicles under a new Fleet Management Division that would be created within the Department of Central Services. SB 545 by the same authors creates a Fleet Management Reform Act.
The audit took place over an 11-month period under the direction of the governor, but was a limited audit that did not cover all state vehicles. The six main points of the audit are the following:
-The number of passenger vehicles the state owns is unclear.
-Justifications required for vehicle purchases are insufficient or nonexistent.
-Decentralization of the state’s passenger vehicle fleet lead to inefficient use.
-There is significant underutilization of vehicles.
-Excessive costs were noted associated with certain car washes, details and fuel purchases.

• Governor Henry signed the following bills on Friday:

-HB 1304 by Rep. John Trebilcock and Sen. Jay Paul Gumm prohibits waiver of fines for driving while a person's license is canceled, denied, suspended or revoked. The measure makes installation of an ignition interlock device mandatory for a person found guilty of a second or subsequent violation of driving while under the influence of alcohol or other intoxicating substance as a prerequisite and condition of reinstatement, at the person's own expense, on every motor vehicle operated by the person for a period of 12 months.

-HB 1453 by Rep. Lee Denney and Sen. Bernest Cain requires that nursing home administrators devote at least one-half of their working time to on-the-job supervision of the facility, with certain exceptions.

-HB 1747 by Rep. Daniel Sullivan and Sen. Mike Mazzei adds reserve deputies and State Fire Marshal investigators to those who may retain their status as peace officers after retirement may retain the right to keep their county-issued firearm and badge and bear firearms. The measure also allows a surviving spouse, upon the death of a sheriff, or deputy or reserve deputy, to retain the badge and firearm of the deceased spouse.

-HB 1961 by Rep. Mark Liotta and Sen. Charlie Laster modifies the definition "insurer," for purposes of the Unfair Claims Settlement Practices Act, to include the Oklahoma State and Education Employees Group Insurance Board.

• Governor Henry signed the following bills on Monday:

-SB 518 by Sen. Kathleen Wilcoxsonand Rep. Thad Balkman prohibits an owner, operator, partner, manager, agent, employee or person having supervisory control of an establishment licensed to sell low-point beer for consumption on the premises from selling or offering to sell low-point beer at a price less that regularly charged for low-point beer during the same calendar week, except at private functions not open to the public.

-SB 440 by Sen. David Myers and Rep. Dale DeWitt directs that a copy of the sex offender registry be provided to the State Superintendent of Public Instruction and authorizes the State School Superintendent to copy and distribute certain information to schools.

-SB 291 by Sen. Cliff Aldridge and Rep. Bill Case requires that engineering plans and specifications be prepared by the county engineer to ensure sound engineering practices when a culvert or bridge is to be constructed at an estimated cost of $75,000 or more.

-HB 1273 by Rep. Neil Brannon and Sen. Kenneth Corn allows teachers with certification or endorsement to teach mathematics at the secondary level to teach math in grade five.

-HB 1334 by Rep. Phil Richardson and Sen. Charles Wyrick expands exemptions to actions prohibited by the Oklahoma Veterinary Practice Act to include acts of vocational-agriculture instructors or students while engaged in regular vocational-agriculture instruction in programs approved by the Department of Career and Technical Technology Education, if such acts are performed under the supervision of instructors and carried out in the usual course of instruction and not as independent practice by an unlicensed veterinarian without supervision.

-SB 473 by Sen. Gilmer N. Capps and Rep. David Braddock requires state agencies to be in compliance with the federal Fair Labor Standards Act.

-SB 484 by Sen. Daisy Lawler and Rep. Dale DeWitt prohibits political subdivisions from regulating the registration, packaging, labeling, sale, storage, distribution, agricultural use or application of fertilizer.

-SB 714 by Sen. Cliff Aldridge and Rep. Gary Banz provides a hiring exception relating to wreckers and towing services. The bill also allows an officer of the Department of Public Safety or a law enforcement officer of any political subdivision to have an interest in or be employed by a wrecker or towing service when the sole purpose and only business of the wrecker or towing service is to perform repossessions of vehicles which are subject to lien and are being repossessed by the lien holder of record.

-SB 725 by Sen. Cliff Aldridge Aldridge and Rep. Paul D. Roan requires a county or municipality that operates a jail facility housing more than 20 and less than 75 prisoners at all times which provides 24-hour supervision of prisoner activity that is conducted either by direct observation or electronically by closed circuit television and provides an intercommunication system that terminates in a location that is staffed 24 hours a day and is capable of providing an emergency response, to have more than one jailer or one jailer and at least one other basic CLEET-certified person on the same premises as the jail facility to provide for the security, custody and supervision of prisoners.

-SB 758 by Sen. Clark Jolley and Rep. Fred Morgan expands property subject to homestead exemption to include household items held primarily for educational use, including a personal computer and related equipment, wedding and anniversary rings with a maximum aggregate value of $3,000.

-SB 763 by Sen. Debbe Leftwich and Rep. Mike Wilt allows the Employment Security Commission to combine rating accounts, annual payrolls and contribution rates into one account for two or more employers who share common ownership.

-SB 830 by Sen. Debbe Leftwich and Rep. Richard Morrissette increases the amount of the fee imposed by a court to be placed in a victims impact panel program to no less than $15 and no more than $50.

Tuesday, May 17th

• The Senate met to consider House amendments to various Senate bills.

-HAs to SB 431 by Sen. Todd Lamb and Rep. Bill Case creates a Homeowner Construction Defect Protection Act to provide a procedure for a purchaser who has a complaint against a contractor for alleged construction defects. Within 30 days of receiving written notice of alleged defects, a contractor would be required to provide a good faith written response to the purchaser with an offer to repair, replace or compensate the purchaser a request for an inspection of the residence. The bill passed 29-18.

-HAs to SB 498 by Sen. Scott Pruitt and Rep. Doug Miller expands exemptions from the requirement for obtaining a fishing license to include persons participating in an aquatic education event or clinic sanctioned by the Department of Wildlife Conservation. The bill and emergency passed 47-0.

-HAs to SB 745 by Sen. Cal Hobson and Rep. Todd Hiett to amend Enrolled HB 1191, which relates to the Oklahoma Higher Education Promise of Excellent Act of 2005. The amendments modify provisions relating to the acquisition of and improvements to real property using the master lease program and other provisions of the act. The bill also requires each authorized issuer and each institution within the Oklahoma State System of Higher Education that received proceeds from the sale of any obligations issued pursuant to the authority of the Act shall issue financial statements audited by an independent certified public accountant and made available to the general public on its Web site. The bill and emergency passed 45-2.

-HAs to SB 419 by Sen. Jay Paul Gumm and Rep. Don Armes provides that if any person who, at or with the owner’s request or consent, performs work, makes repairs or improvements on, replaces, add or installs equipment on any personal property or tows or stores any personal property, has a first and prior lien on such property for the total value of the services performed, including the reasonable value of all material used in the performance of services and the reasonable value of all equipment replaced, added or installed. The bill passed 42-2.

-HAs to SB 738 by Sen. Cal Hobson and Rep. Chris Hastings increases membership of the Oklahoma Horse Racing Commission from seven to nine with one member from each congressional district three remaining members who are experienced in the horse industry appointed from the state at large. The measure precludes those three members from participating in the Oklahoma Bred Program. The bill also prohibits the remaining members from accepting any compensation or service from an occupation or organization licensee, except any suitable facilities and services necessary to facilitate the proper performance of the commissioner’s duties. The measure prohibits a commissioner who has an ownership interest in a horse from participating in an official action that would affect the eligibility of the horse to participate in a race or which determines the amount or receipt of a purse by the commissioner or a member of the commissioner’s family. The bill passed 36-12 and the emergency passed 37-11.

-CCR to HB 1390 by Sen. Earl Garrison and Rep. Neil Brannon allows alternative certification for school superintendents and principals who declare their intention to earn alternative certification through completion of an approved administrative preparation program in no more than three years. The bill passed 35-12.

-HAs to SB 932 by Sen. Jonathan Nichols and Rep. Thad Balkman requires that individuals designated to administer the floodplain requirements of counties, municipalities or other agencies who previously were exempt from the Oklahoma Floodplain Management Act be accredited by the Oklahoma Water Resources Board in the same manner as the board accredits floodplain administrators. The bill and emergency passed 45-0.

-HAs to SB 642 by Sen. Tom Adelson and Rep. Thad Balkman modifies reporting requirements for the Nursing Facility Quality of Care Fund to delete language directing that the reporting system require that facilities submit cost report data electronically on a quarterly basis. The bill passed 48-0.

-CCR to SB 620 by Sen. Charles Wyrick and Rep. Doug Cox exempts the Grand River Dam Authority from certain requirements for disposal of real and surplus property. The bill and emergency passed 48-0.

-HAs to SB 430 by Sen. Patrick Anderson and Rep. Mike Jackson keeps $250 as the fine for trespassing without permission and adds a method for posting against trespassers by placing purple paint marks on trees or posts on the property. The bill and emergency 25-22 and the emergency passed 32-15.

-HAs to SB 586 by Sen. Glenn Coffee and Rep. Jim Newport requires all state agencies to provide a one-day employee benefit informational meeting at least 15 working days prior to the annual deadline for making changes to state employees’ benefit packages. The agencies would be required to allow employees to spend at least 30 minutes during the workday to attend the meetings. The bill and emergency passed 48-0.

• The House convened to consider the following pieces of legislation:

-CCR for HB 1485 by Rep. Sue Tibbs and Sen. Brian Crain authorizes a law enforcement officer to have a vehicle towed from the roadway if the officer has probable cause that the person operating the vehicle has not been granted driving privileges or that the driving privileges are currently suspended, revoked, canceled, denied or disqualified. The CCR restored the title and the bill passed 97-0.

-CCR for HB 1584 by Rep. Tad Jones and Sen. Mary Easley makes the prohibition against certain motor vehicle sales activities on Sunday no apply to off-premise sales of new motorized recreational vehicles approved by the Oklahoma Motor Vehicles Commission. The bill passed 98-0.

-SCR 23 by Sen. Stratton Taylor and Rep. Tad Jones authorizes the Board of the University of Oklahoma to issue revenue bonds for Rogers State University. The resolution was adopted.

• The House GCCA approved the following eight bills on Tuesday:

-SB 121 by Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport appropriates $571,786,355 to the Oklahoma Health Care authority. The appropriation is an 18.6 increase from the previous year. The bill passed 14-4.

-SB 123 by Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport appropriates $3,792,283 to the J.D. McCarty Center for Children with Developmental Disabilities. The appropriation is a 19.9 percent increase from last year. The bill passed 18-0.

-SB 127 by Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport appropriates $40,549,342 to the University Hospitals Authority. The bill passed 16-2.

-SB 131 by Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport appropriates $1,725,018 to the Commission on Children and Youth, which is a 9.9 percent increase. The bill passed 16-2.

-SB 133 by Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport appropriates $376,944 to the Office of Handicapped Concerns. The bill passed 16-2.

-SB 135 by Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport appropriates $686,563 to the Human Rights Commission and is a 3.6 increase. The bill passed 15-3.

-SB 139 by Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport appropriates $255,530 to the Indian Affairs Commission, which is a 2.6 increase. The bill passed 16-2.

-SB 141 by Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport appropriates $93,503,160 to the Office of Juvenile Affairs. The bill passed committee 18-0.

• Governor Henry signed the following bills on Tuesday:

-SB 631 by Sen. Charles Wyrick and Rep. Terry Ingmire creates Jessica Lunsford’s Law and requires a habitual or aggravated sex offender to be assigned to global position monitoring devices for the duration of the registration period that does not rely on cellular telephone technology, as well as pay for the costs incurred while assigned to the monitoring. The measure also requires inmates assigned to electronic monitoring to pay the Department of Corrections for all or part of the costs while on electronic monitoring, base on ability to pay. The bill requires any person in DOC custody or released to parole who is assigned to substance abuse treatment in the community to be assigned to electronic monitoring while in treatment.

-HB 1611 by Rep. Curt Roggow and Sen. Jay Paul Gumm grants civil immunity for child advocacy centers accredited by the National Children’s Alliance and their employees who are acting in good faith while participating in an investigation process.

-HB 1837 by Rep. Shane Jett and Sen. Charlie Laster authorizes local boards of education to enter into written contracts with individuals who are not certified or licensed to teach by the State Board of Education as long as they are enrolled in an education degree program at an institution of higher education and is actively in the process of securing certification or licensure.

-HB 1926 by Rep. Joe Dorman and Sen. Ron Justice requires proceeds of emergency medical service districts be expended only for providing funds for the support, organization, operation and maintenance of district ambulance services, know as emergency medical service districts.

-SB 304 by Sen. Richard Lerblance and Rep. Terry Harrison allows state employees registered under the Oklahoma Sanitarian and Environmental Specialist Registration Act to perform soil tests to design sewage disposal systems for compensation during hours when they are specifically on work status for the state.

Wednesday, May 18th

• The Senate convened to consider conference committee reports as well as House amendments to Senate bills. The following legislation was considered:

-CCR to SB 777 by Sen. Don Barrington and Rep. Ann Coody prohibits wearing a decoration or medal authorized by Congress for the U.S. Armed Forces, except when allowed under regulations as authorized by the applicable federal law. The bill passed 43-0.

-HAs to SB 20 by Sen. Nancy Riley and Rep. Chris Benge expands restrictions for the use of explosives in mining operations within the corporate limits of a municipality. The bill and emergency passed 43-0.

-CCR to SB 448 by Sen. Mike Morgan and Rep. Debbie Blackburn modifies applicable dates and the maximum income tax deduction for contributions to an Oklahoma College Savings Plan. The measure caps the deduction per taxpayer to $10,000. The bill and emergency passed 45-0.

-HCR 1009 by Rep. Dale DeWitt expresses opposition to strong sanctions against Cuba on any agriculture, food and medical purchases and support for the agriculture and forestry industry and efforts to create more new markets fro the Oklahoma food industry to help the state’s economy grow. The resolution was adopted 21-17.

-CCR for HB 1485 by Rep. Sue Tibbs and Sen. Brian Crain authorizes a law enforcement officer to have a vehicle towed from the roadway if the officer has probable cause that the person operating the vehicle has not been granted driving privileges or if their driving privileges are currently suspended, revoked, canceled, denied or disqualified. The bill passed 43-0.

-CCR for SB 466 by Sen. Brian Crain and Rep. Daniel Sullivan authorizes the Board of County Commissioners to provide payments to certain employees for accrued leave of whatever kind, dependent upon the board’s discretion. The bill and emergency passed 44-0.

-HAs to SB 432 by Sen. Scott Pruitt and Rep. Fred Morgan modifies provision relating to search warrants to add an exception for searches for evidence relating to the illegal manufacture of methamphetamine or other dangerous substance. The bill passed 43-1.

-SR 40 by Sen. Robert Kerr recognizes the strength of the quarter horse industry in western Oklahoma and congratulating the Oklahoma owners of the first and second place quarter horses at the 2004 All American Futurity. The resolution was adopted.


• The House briefly convened to consider the following legislation:

-HB 1606 by Rep. Doug Miller and Sen. Ted Fisher modifies the Waste Tire Recycling Act to provide for tire-derived fuel or TDF facilities. The bill modifies allocation of funds in the waste tire recycling indemnity fund to increase from 4.5 instead of 3.5 percent the amount to be available to the Oklahoma Tax Commission to administer tire-recycling requirements. It requires that up to 10 percent be allocated for capital investment reimbursement to waste tire facilities and TDF facilities for the purchase of equipment necessary to utilize waste tires. The bill passed 63-31 and the emergency passed 68-28.

-CCS for HB 1379 by Rep. Greg Piatt and Sen. Johnnie Crutchfield modifies penalties for injury to cemeteries or tombs to provide for a misdemeanor penalty with a maximum $1,000 fine and/or a maximum of 90 days imprisonment in the county jail if the amount of the damage is less than $5,000 and a felony with a maximum fine of $2,500 and/or a maximum six-month imprisonment in the county jail if the amount of damages exceed $5,000.the bill passed 96-0.

-CCS for HB 1405 by Rep. Ray Young and Sen. Johnnie Crutchfield modifies juvenile adjudication procedures to add juvenile drug court as an option and provide for juvenile drug court investigations. The bill passed 96-0.

-CCS for HB 1550 by Rep. John Wright and Sen. Mary Easley requires agencies exempt from the Administrative Procedures Act by December 31st to conduct an internal review of its exempt rules to determine whether each is current and is a rule as the term is defined by the Act. The bill passed 95-0.

-CCS for SB 556 by Sen. Frank Shurden and Rep. Don Armes authorizes the manufacturer or distributor license pursuant to the State-Tribal Gaming Act to manufacture, exhibit or store as a lawful activity any machines or devices capable of being used to conduct gaming authorized by the act or other gaming that may be lawfully conducted by an Indian tribe in the state. The bill and emergency passed 87-11.

• The Senate and House GCCA met separately to approve appropriations measures. All measures considered provide funding to annualize employee pay increases but do not provide line item funding for the increase in retirement insurance premium. However, the agency is provided with adequate funding to absorb the costs. The following pieces of legislation authored by Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport were approved:

-HB 1042 appropriates $5,988,786 to the State Auditor and Inspector and also makes an appropriation for the Rural Economic Action Plan Fund.
-HB 1044 appropriates $6,621,839 to the State Election Board.
-HB 1046 appropriates $22,756,515 to the Office of State Finance.
-HB 1050 appropriates $18,629,154 to the House of Representatives.
-HB 1052 appropriates $2,415,783 to the Legislative Service Bureau.
-HB 1054 appropriates $592,436 to the Office of the Lt. Governor.
-HB 1056 appropriates $510,184 to the Office of the Secretary of State.
-HB 1058 appropriates $13,146,893 to the State Senate.
-HB 1060 appropriates $523,264 to the Space Industry Development Authority.
-HB 1082 appropriates $61,790,819 to the Department of Health.
-HB 1084 appropriates $171,735,647 to the Department of Mental Health and Substance Abuse Services.
-HB 1086 appropriates $36,040,332 to the Department of Veterans Affairs.
-HB 1110 appropriates $637,925 to the Commission on Consumer Credit.
-SB 81 appropriates $181,212 to the Office of the State Bond Advisor.
-SB 83 appropriates $12,263,035 to the Department of Central Services.
-SB 85 appropriates $1,355,561 to the Department of Emergency Management.
-SB 101 appropriates $565,684 to the Merit Protection Commission.
-SB 103 appropriates $12,546,432 to the Military Department.
-SB 105 appropriates $4,633,249 to the Office of Personnel Management.
-SB 113 appropriates $45,626,291 to the Oklahoma Tax Commission.
-SB 115 appropriates $292,648,137 to the Oklahoma Department of Transportation.
-SB 117 appropriates $4,524,498 to the Office of the State Treasurer.
-SB 7 by Sen. Gilmer Capps, Sen. Robert Kerr and Rep. Purcy Walker modifies language pertaining to the levy of sales tax for regional economic development projects.
-SB 236 appropriates an unspecified amount to the Department of Mental Health and Substance Abuse Services.

-SB 238 by Sen. Jim Wilson and Rep. Kris Steele decreases from 20 percent to 10 percent the amount the administrator of the Liquefied Petroleum Gas Fund must deposit from the fund into the state general revenue fund.

-SB 461 by Sen. Johnnie Crutchfield and Rep. Bill Case modifies requirements for insurers that pay claims for a loss where the cost of repairing the vehicle for safe operation on the highway exceeds 60 percent of the market value of the vehicle or pays a claim for a flood-damaged vehicle to notify, in writing, the holder of the certificate of title of statutory requirements and notify the Oklahoma Tax Commission of the payment of such claim.

-SB 811 by Sen. Clark Jolley and Rep. John Nance increases from $1,500 to $10,000 the amount of a tax settlement agreement or waiver of interest and penalties that do not require approval by the Oklahoma County district court.

-SB 880 by Sen. Mike Morgan and Rep. Danny Morgan modifies the agency to which the first $500,000 of unclaimed prize money accruing annually pursuant to the Oklahoma Education Lottery Act is transferred, from the Department of Human Services to the Department of Mental Health and Substance Abuse Services.

-SB 326 by Sen. Susan Paddack and Rep. Wes Hilliard prohibits school districts from directly or indirectly transferring funds to a local foundation or rendering services or providing any item of value to a local foundation without receiving documented adequate payment or reimbursement according to written contract.

-SB 407 by Sen. Mike Mazzei and Rep. Ray Young modifies eligibility requirements for participation in the Small Employer Quality Jobs Incentive Program to require that a business classified as research and development in the physical, engineering and life sciences be considered to be an establishment regardless of the population of the county the business is located.

-SB 628 by Sen. Mike Mazzei and Rep. Ray Young provides an income tax credit for increased employment under certain specifications.

-SB 977 by Sen. Tom Adelson and Rep. Rebecca Hamilton creates a Prescription Drug Reimportation Act to authorize licensed wholesale drug distributors in the state to procure prescription drugs form a certified Canadian or permitted country supplier and to import those drugs into Oklahoma for dispensing to licensed pharmacists.

-HB 1267 by Rep. Terry Ingmire and Sen. Richard Lerblance authorizes the Department of Corrections to impose intermediate sanctions for technical violations of probation.

-HB 1276 by Rep. Ron Peters and Sen. Nancy Riley provides for provisional and permanent licenses pursuant to the Oklahoma Hospice Licensing Act.

-HB 1467 by Rep. Dale DeWitt and Sen. Frank Shurden creates an Oklahoma Agriculture Pollutant Discharge Elimination System Act to implement federal National Pollutant Discharge Elimination System requirements; assist the Oklahoma Department of Agriculture, Food and Forestry in obtaining delegation of the federal Clean Water Act programs and issue permits to the persons or organizations owning or operating facilities regulated within the areas of environmental jurisdiction of the department.

-HB 1506 by Rep. Paul Roan and Sen. Johnnie Crutchfield creates a Sean Skelley and Shane Gilmore Act to provide for a waiver of resident and nonresident tuition for children of emergency medical technicians killed in the line of duty.

-HB 1971 by Rep. Fred Perry and Sen. Glenn Coffee increases the penalty for the procurement or possession of child pornography to a maximum 20 years’ imprisonment and/or a maximum fine $25,000 and makes the offender ineligible for a deferred sentence. The bill also gives the Attorney General and the District Attorney Subpoena power for computer crime investigations without receiving judicial approval.

• Governor Henry signed the following bills on Wednesday:

-HB 1395 by Rep. Jerry Ellis and Sen. Kenneth Corn requires law enforcement officers, when it is determined that the blood alcohol content of an individual is to be tested for the presence and concentration of alcohol and/or other intoxicating substance, to inform the individual to be tested that the withdrawal of blood will be performed only by certain medical personnel.

-HB 1502 by Rep. Paul Roan and Sen. Kenneth Corn modifies the fine for transporting an intoxicating beverage or low-point beer. The bill also prohibits any dangerous or deadly firearm at a residence or vehicle of a convicted felon.

-HB 1503 by Rep. Paul Roan and Sen. Jay Paul Gumm allows a ground ambulance service based licensed outside the state to respond to an emergency request for care and transportation of a patient within the state, provided no local licensed ambulance service is readily available and allows services to be exempt from licensing requirements pursuant to rules promulgated by the State Board of Health.

-SB 296 by Sen. Jay Paul Gumm and Rep. John Carey directs Court Clerks of Record to charge and collect fines, assessments, and payments as imposed by the Oklahoma Statutes. It also requires clerks to accept payments that are made using a bank debit card.

-SB 314 by Se. Randy Bass and Rep. Don Armes requires police chiefs and county sheriffs to keep rotation logs on all requested tows, except where there are insufficient licensed wrecker or towing services available to rotate such services or services are contracted after a competitive bid process and to make them available for public inspection upon request.

-SB 553 by Sen. Randy Bass and Rep. Jari Askins creates an eight-member Deferred Maintenance and Construction Needs Task Force until February 1, 2006 to study the state’s current deferred capital maintenance and capital infrastructure needs and the process and funding of other states’ capital programs.

-SB 561 by Sen. Bernest Cain and Rep. Thad Balkman allows a civil action for involuntary commitment that can be brought in more than one county to be filed in any county of the appropriate venues. The bill expands the use and disclosures for which authorization is not required and clarifies responsibility between municipalities and sheriffs’ offices for transport of individuals to and from designated sites or facilities for the purpose of examination, emergency detention, and protective custody and inpatient services. It expands the Board of Mental Health and Substance Abuse Services to include three members, at least one must be either a current or former consumer of mental health services.

-SB 651 by Sen. Frank Shurden and Rep. Guy Liebman removes Veterans Day from the dates retail package stores must remain closed.

-SB 659 by Sen. Judy Eason McIntyre and Rep. Jerry Ellis creates a Buffalo Soldiers Heritage Corridor within the Oklahoma Historical Society to encourage development and appreciation of historic sites, museums and heritage programs associated with the story of the Buffalo Soldiers and to encourage heritage tourism that will attract visitors to Oklahoma and lead them to communities where the stories of the Buffalo Soldiers and their legacy are still evident. The bill creates a five-member Buffalo Soldiers Heritage Corridor Advisory Committee.

-SB 852 by Sen. Judy Eason McIntyre and Rep. John Wright modifies requirements for retirement benefit plans for members of the state retirement systems.

-SB 733 by Sen. Daisy Lawler and Rep. Randy Terrill entitles grandparents to notice by the Department of Human Services and the opportunity to be heard in an emergency custody proceeding if information indicates that within a year of the hearing the child had resided with the grandparents for at least six months and the grandparent was the primary caregiver and provided primary financial support during that time. The measure directs the court to require DHS to provide any custodian or other person caring for the child information on department programs and services available to the child.


Thursday, May 19th

• The Senate convened to consider various pieces of legislation and approve appropriations measures that have cleared GCCA. The following legislation was heard on the floor on Thursday:

-CCR for SB 821 by Sen. Randy Bass and Rep. John Carey authorizes the Adjutant General to expend appropriated funds for the payment or reimbursement of insurance premiums to provide coverage up to the amount of $250,000 under Serviceman’s Group Life Insurance or the State Sponsored Life Insurance for the military members of the Oklahoma Army and Air National Guard. The bill passed 45-0.

-SR 21 by Sen. Cal Hobson commends State Treasurer Robert Butkin and wishes him well upon the occasion of his retirement as state treasurer to become Dean of the University of Tulsa Law School. The resolution was unanimously adopted.

-CCR for SB 673 by Sen. Jay Paul Gumm and Rep. Doug Miller adds the definitions of exclusive and open brokerage agreements to the Oklahoma Real Estate License Code. The bill also prohibits the abrogation or waiver of duties relating to a single-party broker. The bill and emergency passed 40-4.

-CCR for SB 823 by Sen. Jim Wilson and Rep. Doug Miller creates an Oklahoma Tourism, Parks and Recreation Enhancement Act for the purpose of creating a new Tourism and Recreation Commission and a new Tourism and Recreation Department. The bill passed 46-0.

-CCR for SB 640 by Sen. Frank Shurden and Rep. John Nance expands the Board of Pharmacy authority regarding the sale, manufacture and packaging of dangerous drugs to include rulemaking provisions for new or renewal application requirements for both in and out-of-state wholesale distributors, chain pharmacy warehouses and repackagers that ship into Oklahoma. The bill passed 42-4.

-CCR for SB 929 by Sen. Kenneth Corn and Rep. Mike Wilt requires any fraternal or membership organization not based in Oklahoma that solicits contributions by telephone, or contracts with professional fund-raisers to solicit contributions, to have at least one member or employee of the fraternal or membership organization residing within the county where the call is received. The bill passed 42-4.

-CCR for HB 1405 by Sen. Johnnie Crutchfield and Rep. Ray Young modifies juvenile adjudication procedures to add juvenile drug court as an option and provide for juvenile drug court investigations. The bill passed 45-0.

-CCR for HB 1606 by Rep. Doug Miller and Sen. Ted Fisher modifies the Waste Tire Recycling Act to provide for the tire-derived fuel or TDF facilities. The bill and emergency passed 44-2 with the title and enacting clause restored.

-HAs for SB 987 by Sen. Bernest Cain and Rep. Ron Peters modifies duties of the Commission on Children and Youth regarding training and continuing training requirements for allopathic and osteopathic physicians, physicians’ assistants and registered nurses. The bill and emergency passed 44-0.

-HCR 1030 by Sen. Kenneth Corn and Rep. John Wright relates to rules of the Board of Tests for Alcohol and Drug Influence; waiving the 30-legislative-day review period for proposed amendments to permanent rule OAC 40:25-1-3, which relates to alcoholic breath simulators. The resolution was adopted.

-HCR 1010 by Rep. Mike Mass and Sen. Richard Lerblance directs the Oklahoma Wildlife Conservation Commission to change the class hour requirements for hunter education courses. The resolution was adopted.

• The Senate GCCA approved the following measures by Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport:

-SB 57 appropriates $130,287,358 to the State Board of Career and Technology Education.
-SB 63 appropriates $889,433,880 to the State Regents for Higher Education.
-SB 65 appropriates $4,719,497 to the Commissioners of the Land Office.
-SB 67 appropriates $6,681,355 to the Department of Libraries.
-SB 73 appropriates $7,020,513 to the Oklahoma School of Science and Mathematics.
-SB 75 appropriates $12,400,942 to the Oklahoma Center for the Advancement of Science and Technology.
-HB 1020 appropriates $2,152,863,450 to the Department of Education, which is a 4.2 percent increase from last year.
-HB 1018 appropriates $4,243,338 to the Arts Council.
-HB 1022 appropriates $4,624,059 to the Oklahoma Educational Television Authority.
-HB 1024 appropriates $5,361,490 to the Physician Manpower Training Commission.
-HB 1026 appropriates $171,879 to the Board of Private Vocational Schools.
-HB 1028 appropriates $2,022,875 to the Commission for Teacher Preparation.
-HB 1094 appropriates $481,991,177 to the Department of Human Services.
-HB 1098 appropriates $27,365,925 to the Department of Rehabilitation Services.
-HB 1096 appropriates $98,323,348 to the Office of Juvenile Affairs.

-HB 1321 by Rep. John Nance and Sen. Jonathan Nichols adds the Oklahoam State Bureau of Narcotics and Dangerous Drugs Control to the list of agencies that may request information pursuant to the Uniform Tax Procedure Code.

-HB 1562 by Rep. Kenneth Miller and Sen. Clark Jolley expands the sales tax exemption for sales of tangible personal property or services to or by federally tax-exempt charitable, nonprofit 501(c)(3) organizations to include those that facilitate the distribution of food or other household products to the needy or to other such organizations.

-HB 1780 by Rep. Wade Rousselot and Sen. Mary Easley requires the Military Department to create an Oklahoma National Guard Relief Program for providing financial relief for approved expenses to qualified members of the Oklahoma National Guard.

-HJR 1019 by Rep. Don Armes and Sen. Jay Paul Gumm proposes a constitutional amendment to authorize indebtedness with proceeds to be sued for an enhanced conservation reserve program.


• The following legislation was considered in the House of Representatives:

-CCR for HB 1804 by Rep. Lance Cargill and Sen. Ted Fisher prohibits telecommunication or other electronic communications with the intent to terrify, intimidate, harass or threaten to inflict injury or physical harm to any person or property of that person. The bill passed 101-0.

-CCR for HB 1318 by Rep. Terry Ingmire and Sen. Randy Bass allows the Oklahoma State Bureau of Investigation to specify identifying information required before release of criminal history records. The bill passed 101-0.

-CCR for HB 1378 by Rep. Guy Liebman and Sen. Clark Jolley removes the second Tuesday in March to dates on which special elections may be held by a county, school district, technology center school district, municipality or other entity authorized to call elections. The bill and emergency passed 99-2.

-CCR for HB 1609 by Rep. Doug Miller and Sen. Charlie Laster expands authority of the Used Motor Vehicle and Parts Commission to include licensure and supervision of manufactured home salespersons. The bill passed 100-0.

-CCR for HB 1860 by Rep. Gus Blackwell and Sen. Jim Wilson allows any public body to hold meetings by videoconferencing where each board member of the public body is visible to each other and the public through a video monitor, so long as a quorum of the public body is present in person at the site of each meeting. The bill passed 101-0.

-CCR for SB 448 by Sen. Mike Morgan and Reps. Debbie Blackburn and Susan Winchester modifies applicable dates and the maximum income tax deduction for contributions to an Oklahoma College Savings Plan. The bill raises the maximum deduction granted to Oklahomans who invest their money in a college savings plan from $2,500 per account per year to $20,000 per account. The bill passed unanimously and is headed to the governor’s desk for his signature.

• The House GCCA passed the following measures that include funding for the mandated state employee pay raise by Sen. Johnnie Crutchfield, Sen. Mike Morgan, Rep. Chris Benge and Rep. Jim Newport:

-HB 1020 appropriates $2,152,863,450 to the Department of Education.
-HB 1018 appropriates $4,243,338 to the Arts Council.
-HB 1022 appropriates $4,624,059 to the Oklahoma Educational Television Authority.
-HB 1024 appropriates $5,361,490 to the Physician Manpower Training Commission.
-HB 1026 appropriates $171,879 to the Board of Private Vocational Schools.
-HB 1028 appropriates $2,022,875 to the Commission for Teacher Preparation.
-HB 1094 appropriates $481,991,177 to the Department of Human Services.
-HB 1096 appropriates $98,323,348 to the Office of Juvenile Affairs.
-HB 1098 appropriates $27,365,925 to the Department of Rehabilitation Services.
-HB 1114 appropriates $8,166,580 to the Department of Environmental Quality.
-HB 1118 appropriates $2,231,595 to the Insurance Department.
-SB 236 transfers the authority and responsibility for domestic violence and sexual assault from the Department of Mental and Substance Abuse Services to the Office of the Attorney General.

Friday, May 20th

• During the last two weeks of session, the Senate convenes on Friday to wrap up the week’s business in the chamber as well as in GCCA. The Senate met on Friday to consider several pieces of legislation. The full Senate will reconvene on Monday, May 23rd at 9:30am.


Other News

• Governor Brad Henry, Senate President Pro Tempore Mike Morgan and Speaker of the House Todd Hiett announced an agreement on Monday to fund Oklahoma’s roads and bridges. The plan will gradually increase the annual road and bridge spending to a sustained level of $170 million using surplus revenues, and would be implemented over a five year period. The Legislature will also create a revolving fund for money to be deposited for the maintenance of roads and bridges. Each year the Legislature will appropriate $17.5 million and $34 million when the growth revenue exceeds three percent each year.

• Governor Brad Henry, Senate President Pro Tempore Mike Morgan and Speaker of the House Todd Hiett announced an agreement on the funding level for public schools on Tuesday. The agreement provides an increase of $145 million in funding for common education. Increased teacher pay ad health insurance, reforms to include increased technology to reduce paperwork are just a few of the items agreed upon by the legislative leaders.

• On Friday the Senate honored Carrie Underwood, an American Idol finalist and Oklahoma native for her success on the nationally-televised show.

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