The Oklahoma Senate

Week In Review
Monday, Mar. 2 to Thursday, Mar. 5, 2009

Monday, March 2

• The Senate approved the following measures on Monday:

-SB 474 by Sen. Brian Bingman, provides guidelines for certain tree trimming, removal and control of vegetation.

-SB 1133 by Sen. Clark Jolley, creates the Oklahoma Interventional Pain Management and Treatment Act and prohibits the practice of interventional pain management by certain persons.

-SJR 24 by Sen. Mike Schulz, names the official Oklahoma State Rock and Roll Song.

-SB 441 by Sen. Brian Bingman, directs that land disposal sites be prohibited from accepting waste tires being disposed.

-SB 517 by Sen. Brian Bingman, requires companies to send notices to the governing body or city before vacating an annex.

-SB 885 by Sen. Patrick Anderson, creates the Revised Uniform Unincorporated Nonprofit Association Act.

-SB 854 by Sen. Mike Schulz, modifies the amount of county bridge projects which may be reimbursed through the forced account method.

-SB 406 by Sen. Brian Crain, clarifies language for eligibility and the process of becoming a professional bondsman.

-SB 815 by Sen. Sean Burrage, increases small claims court fees and requires that a plaintiff’s affidavit must include a statement disclaiming the right to a trial by jury based on the merits of the case.

-SB 964 by Sen. Susan Paddack, modifies the membership and duties of the Vision Screening Standards Advisory Board to the Department of Health.

-SB 297 by Sen. Brian Bingman, prohibits the Corporation Commission from entering into agreements with operators who have certain outstanding regulation violations.

-SB 1118 by Sen. Anthony Sykes, modifies permissible means of distribution of up to $2 million in certain monies for the Oklahoma Bureau of Narcotics and Dangerous Drugs Control.

-SB 803 by Sen. Anthony Sykes, establishes a Canteen System Board of Directors for the Department of Corrections.

-SB 798 by Sen. Anthony Sykes, clarifies penalties for the unethical awarding of private contracts by a state officer or employee.

-SB 853 by Sen. Mike Schulz, relates to county transportation projects by modifying amounts subject to specific procedures.

-SB 677 by Sen. Susan Paddack, permits employees of the State Department of Health to arrange for meals and lodging if moved into an area for the purpose of preserving the public health, safety or welfare.

-SB 990 by Sen. Charles Laster, requires all records or public bodies and public officials to be open to any person for inspection, copying, or mechanical production during regular business hours.

-SB 916 by Sen. Gary Stanislawski, provides a standard for computing tax on real estate investments and sets rules about companies who do not become publicly traded within a year.

-SB 661 by Sen. Susan Paddack, directs the Commissioner of Health to develop grant programs for private, nonprofit and public entities for the purpose of administering the National Hospital Preparedness Program.

-SB 662 by Sen. Johnnie Crutchfield, designates portion of State Highway 32 as the “State Representative Terry Hyman Memorial Highway”.

-SB 793 by Sen. Anthony Sykes, makes it unlawful for private businesses to ask job applicants if they own or possess firearms.

-SB 783 by Sen. Anthony Sykes, requires the County Commissioner to submit and file a copy of the measure approved by registered voters with the District Attorney of the county.

-SB 883 by Sen. Charles Laster, prohibits telemarketers from making calls to consumers on the registry on Sundays unless prior business relationship is established and prevents telemarketers from avoiding detection through equipment or techniques.

-SB 730 by Sen. Charles Laster, relates to convicted felons and delinquents by permitting placement with CLEET-certified peace officers.

-SB 618 by Sen. Anthony Sykes, changes vehicle registration requirements for active duty guardsmen.

-SB 528 by Sen. Anthony Sykes, states that county jails and correctional facilities are to serve their employees the same meals as the prisoners at no cost.

-SB 653 by Sen. Anthony Sykes, clarifies procedures for courts seeking to modify criminal sentences.

-SB 796 by Sen. Randy Brogdon, states that no transitional living facility that houses sex offenders or persons convicted of a capital offense shall be located within two thousand five hundred feet of any public or private school or residential neighborhood.

• Senate committees took no action on Monday.

• The House convened Monday and approved numerous bills including the following:

-HB 1645 by Rep. Wade Rousselot, amends rules for release on certain traffic violations.

-HB 1949 by Rep. Chris Benge, clarifies language relating to the tax credit for hydraulic hybrid vehicles.

-HB 1948 by Rep. Chris Benge, provides tax credits for a taxpayer installing a geothermal heating and cooling system on their residential property.

-HB 1759 by Rep. John Enns, modifies the estimated costs of bridge or culvert construction that requires county engineers to prepare plans and specifications to ensure sound engineering practices.

-HB 2029 by Rep. Kris Steele, states that District Attorneys shall prepare and prosecute any case or proceeding within the purview of the Oklahoma Juvenile Code.

-HB 1365 by Rep. Samson Ray Buck, relates to the Oklahoma Boating Safety Regulation Act and requires that operators of vessels submit to drug and alcohol testing under certain circumstances.

-HB 1575 by Rep. Gary Banz, states that the Academic Achievement Award Program will award the top schools that attain the highest overall achievement as measured by the Academic Performance Index score in each of the five groups based on average membership.

-HB 1821 by Rep. Steve Martin, prohibits persons convicted of certain felonies from obtaining a real estate license.

• House committees took no action on Monday


Tuesday, March 5

• The Senate met Tuesday and approved numerous shell bills in addition to the following substantive legislation:

-SB 1156 by Sen. Patrick Anderson, designates English as the official common language of Oklahoma.

-SB 315 by Sen. Mike Mazzei, repeals language making decreases in the individual income tax rate subject to a determination of revenue growth by the State Board of Equalization.

-HB 1127 by Rep. Chris Benge, appropriates $5 million to the Oklahoma State University Medical Authority Disbursing Fund.

-SB 238 by Sen. Mike Johnson, modifies language related to the Oklahoma Capitol Improvement Authority and its authority to require state agencies to be housed in a building and pay rent.

-SB 268 by Sen. John Ford, directs a district board of education of schools that have been identified for school improvement for four consecutive years to implement an alternative governance arrangement.

-SB 315 by Sen. Mike Mazzei, delays implementation of a 5.25 percent income tax rate from 2009 to 2010.

-SB 397 by Sen. Brian Crain, increases from 10 to 12 percent the maximum retirement contribution rate that boards of county commissioners may authorize.

-SB 401 by Sen. Brian Crain, allows deputy sheriffs to practice as an attorney or counselor at law.

-SB 496 by Sen. Jay Paul Gumm, allows any individual applying for institutional care whose income is in excess of the categorical needy standards but whose income does not exceed the statewide median of nursing facility payments to create an income pension trust.

-SB 500 by Sen. Don Barrington, adds additional implements of husbandry to an exemption of special size permits.

-SB 572 by Sen. Brian Crain, requires city governing boards and boards of county commissioners to receive approval of ordinances and rules regarding the protection or public health from the state Commissioner of Health.

-SB 655 by Sen. Mike Schulz, requires the Oklahoma Water Resources Board to review pending applications for the use of stream water in state before those for the use of stream water out of state.

-SB 670 by Sen. Cliff Aldridge, increases from 1,000 to 2,000 the minimum membership for statewide non-profit foundations established by a state agency, board or commission to which state employees may have payroll deductions made.

-SB 694 by Sen. Joe Sweeden, excludes the offspring of cloned horses from the definition of horse racing.

-SB 695 by Sen. Bill Brown and Sen. Jim Wilson, exempts state agencies and public utilities from releasing any maps, plats, plans or other infrastructure information which are confidential.

-SB 712 by Sen. Jay Paul Gumm, directs the Governor to order U.S. and Oklahoma flags on state property to be flown at half-staff on the day of the memorial service for any Oklahoman who lost his/her life while a member of the U.S. Armed Forces.

-SB 736 by Sen. Roger Ballenger, authorizes circuit engineering districts to administer the Emergency and Transportation Revolving Fund.

-SB 804 by Sen. Brian Crain, directs the Physician Manpower Training Commission to establish the Rural Primary Care Physician Loan Repayment Program.

-SB 841 by Sen. Cliff Branan, requires a national criminal history records search and/or a criminal history check be conducted before any employer makes an offer to employ or contract with a nurse aide or another person to provide nursing care, health-care related services or supportive assistance to any individual.

-SB 859 by Sen. Randy Bass, allows for the modification of the retirement benefits for certain retired members of the Oklahoma Teacher Retirement System.

-SB 980 by Sen. Glenn Coffee, creates the Oklahoma Information Services Act, creating the Office of Information Services and transferring the Information Services Division of the Office of State Finance to the Office of Information Services.

-SB 987 by Sen. Johnnie Crutchfield, modifies language related to the calculation of resources for an applicant for public assistance.

-SB 1231 by Sen. Clark Jolley, creates the Task Force on the Mutualization or Privatization of CompSource Oklahoma until Dec. 31, 2009, which will examine the issue of creating a domestic mutual company or privatizing CompSource.

-SB 394 by Sen. Gary Stanislawski, modifies the time period during which boards of education must notify teachers of re-employment.

-SB 458 by Sen. Cliff Branan, authorizes county election board secretaries to transmit balloting materials by e-mail under certain conditions.

-SB 934 by Sen. Patrick Anderson, allows the Medicaid Drug Utilization Review Board to establish protocols and standards for prescription drugs determined to be medically necessary, proven effective and approved by the Food and Drug Administration for the treatment of any mental health disorder.

-SB 658 by Sen. Cliff Aldridge, increases the penalty for failure to register a transferred vehicle from 25 cents per day to $1 per day and specifies disbursement of part of the money to the State Highway Construction and Maintenance Fund.

-SB 1062 by Sen. David Myers, creates the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act.

-SB 1170 by Sen. Debbe Leftwich, creates the Gaje Jeffrey Florence Act.

• Senate committees took no action on Tuesday.


• The House convened Tuesday and approved numerous measures including the following:

-HB 2026 by Rep. Kris Steele, creates the Health Care for Oklahomans Act.

-HB 1959 by Rep. Chris Benge, orders a legislative referendum prohibiting attorneys from charging, pursuant to a contingency fee arrangement, fees in excess of 33 percent of the first $1 million recovered and 20 percent of any amount exceeding $1 million of any civil judgment or any settlement.

-HB 1826 by Rep. Dennis Johnson, requires school district boards of education to adopt policies and procedures to annually notify parents and guardians about clubs and organizations sponsored or under the direction and control of the school.

-HB 1842 by Rep. Rex Duncan, creates the Oklahoma Licensed Interpreter Act and the Oklahoma Board of Licensed Interpreters for the Deaf and Hard-of-Hearing.

-HB 1026 by Rep. Jason Nelson and Rep. John Wright, defines “covenant marriage” as a marriage between a man and a woman that is entered into with the understanding and agreement that it is a lifelong relationship.

-HB 1021 by Rep. George Faught, limits the maximum amount a plaintiff or claimant may receive in civil actions to recover damages arising from a vehicle accident if the plaintiff or claimant is not in compliance with the Compulsory Insurance Law.

-HB 1081 by Rep. Samson Ray Buck, modifies the procedure under which substitute candidates are to be offered when a political party’s nominee for office dies before the general election.

-HB 1048 by Rep. Gary Banz, modifies language related to delinquent taxes, modifying the time period during which a county treasurer is to serve notice.

-HB 1297 by Rep. Pat Ownbey, adds school supplies to the list of items subject to the back-to-school sales tax holiday.

-HB 1322 by Rep. Mike Reynolds, orders a legislative referendum creating the Let the People Choose Act, ordering all vacancies in state offices to be filled by special elections called by the Governor within 30 days of the vacancy occurring.

-HB 1362 by Rep. Marian Cooksey, prohibits counties, municipalities or other governmental entities from requesting or requiring a person’s Social Security number to obtain a marriage license or certificate.

-HB 1450 by Rep. Ryan McMullen, allows a $1,000 tax credit for a business whose primary purpose is operating livestock auctions and who installs surveillance and recording equipment with a 60-day capacity to deter livestock theft.

-HB 1520 by Rep. Pam Peterson, defines and places disclosure requirements on a “court expert” in a child custody or visitation proceeding.

-HB 1837 by Rep. Rebecca Hamilton, authorizes the Oklahoma Commission for Teacher Preparation to establish an Inner City Schools Rescue program to recruit and train licensed or certified teachers to work in inner city schools and provide technical assistance and support to those teachers.

-HB 1873 by Rep. Earl Sears, modifies penalties for the first offense of trespassing on private land used primarily for farming, ranching or forestry, prescribing a minimum fine of $250 and a maximum fine of $500. It raises the minimum fine for a second offense from $500 to $750, and it raises the maximum fine for a second offense from $1,000 to $1,500.

-HB 1882 by Rep. Fred Jordan, modifies language related to the Teacher Due Process Act of 1990.

-HB 2040 by Rep. Kris Steele, authorizes the Commissioner of Health to issue an order requiring a person to submit various specimens to determine the source or method of an outbreak to protect public health if it is determined that a communicable disease or infectious agent may be present.

-HB 2080 by Rep. Paul Wesselhoft, makes it a misdemeanor for any person to actively participate in any criminal street gang with knowledge that its members engage or have engaged in a pattern of criminal gang activity.


• House committees took no action on Tuesday.


Wednesday, March 4

• The Senate passed the following measures on Wednesday:

-SB 1184 by Sen. Bryce Marlatt, modifies permit issuance for oversize and overweight vehicles.

-SJR 34 by Sen. Bryce Marlatt, sends to a vote of the people an increase to the maximum length of agricultural leases of school land by the Commissioners of the Land Office.

-SB 635 by Sen. Ron Justice, relates to the Oklahoma Milk and Milk Products Act by modifying the entity authorized to issue certain permits.

-SB 828 by Sen. Bryce Marlatt, creates rules that apply to the construction of new electrical facilities in order to protect landowners and benefit citizens of Oklahoma.

-SB 1234 by Sen. Clark Jolley, makes it a misdemeanor to knowingly provide false information on a notarized affidavit of exempt status under the Workers’ Compensation Act.

-SB 1127 by Sen. Clark Jolley, sets procedures for change of address for individuals or corporations designated by a foreign corporation as its registered agent for service.

-SB 749 by Sen. Clark Jolley, clarifies language and modifies the definition of “equipment” for purchases by Oklahoma school districts.

-SB 277 by Sen. Mike Schulz, increases the penalties for trespassing on a facility licensed pursuant to the Oklahoma Farmed Cervidae Act or a licensed commercial hunting area.

-SB 546 by Sen. Jim Halligan, creates the Therapeutic Recreation Practice Act.

-SB 409 by Sen. Mike Johnson, clarifies fees for licensed automotive businesses.

-SJR 10 by Sen. Randy Brogdon, claims sovereignty under the Tenth Amendment to the Constitution of the United States.

-SB 539 by Sen. Jim Reynolds, establishes a new procedure for law enforcement officers to follow when responding to victims of violent crime.

-SJR 11 by Sen. Randy Brogdon, rescinds applications by the Legislature to the Congress of the U.S. to call a constitutional convention.

-SJR 13 by Sen. Randy Brogdon, sends a measure to a vote of the people to reduce the percentage of voters necessary for an initiative petition seeking to change legislative and constitutional measures.

-SB 1147 by Sen. Jay Paul Gumm, prohibits sex offenders from operating ice cream trucks.

-SB 989 by Sen. Patrick Anderson, establishes incompetency as reason not to serve as an administrator.

-SB 564 by Sen. Charles Wyrick, changes the department approving authorization for release of funds to the Oklahoma Department of Agriculture, Food and Forestry.

-SB 886 by Sen. Gary Stanislawski, relates to school safety zones by deleting victim age requirements.

-SB 1168 by Sen. John Ford, relates to remediation funding designated for the Achieving Classroom Excellence Act of 2005 by clarifying language.

-SB 1031 by Sen. John Sparks, modifies fishing and hunting license fees.

-SB 509 by Sen. John Ford, extends the minimum teacher salary amounts for experienced teachers from 25 to 30 years of teaching.

-SB 857 by Sen. Roger Ballenger, requires that the OSU Center for Local Government Tech and the Oklahoma Tax Commission provide computers, software and training at county locations for the duties formerly provided by the State Auditor and Inspector.

-SB 1132 by Sen. Patrick Anderson, creates the Uniform Limited Partnership Act of 2009.

-SB 741 by Sen. Clark Jolley, requires the Oklahoma Health Care Authority to study and submit a report on pressure ulcer preventative methods in Medicaid-funded hospitals.

-SB 288 by Sen. Charles Wyrick, adds asphalt purchases by county purchasing agents that obtain 3 or more quotes by telephone and select the lowest quote to the list of exemptions from state bidding procedures.

-SB 971 by Sen. John Sparks, requires district professional development programs to allow related services personnel to be provided the opportunity to participate in training applicable to their field.

-SB 827 by Sen. Mike Schulz, approves updates for current electrical systems and furthers development for the windpower industry.

-SJR 5 by Sen. Jim Reynolds, refers to a vote of the people a constitutional amendment limiting increases in fair cash value of properties to be tied to the Consumer Price Index.

-SB 738 by Sen. Glenn Coffee, creates a task force to study the proposed consolidation of the Office of the Chief Medical Examiner.

-SB 748 by Sen. Clark Jolley, requests and establishes rules for an audit of the State Department of Education.

-SB 318 by Sen. Mike Mazzei, provides for a sales tax on all eligible food and beverages as defined in the Streamlined Sales and Use Tax Agreement.

-SB 981 by Sen. Mike Mazzei, modifies definitions for the Oklahoma Uniform Principal and Income Act.

-SB 702 by Sen. Susan Paddack, clarifies language and punishment for kidnapping.

-SB 1016 by Sen. Susan Paddack, sets cost-of-living adjustments for each of the state’s retirement systems.

-SB 391 by Sen. Susan Paddack, clarifies language relating to motor vehicles by establishing penalties for overweight vehicles in regards to load and weight limits.

-SB 335 by Sen. Susan Paddack, provides for a review and verification of records kept relating to the statutory duties of CLEET.

-SB 833 by Sen. Brian Bingman, directs state agencies to develop energy efficiency and conservation plans featuring certain criteria and specifying disbursement of savings.

-SB 832 by Sen. Brian Bingman, creates the County Bridge Replacement Revolving Fund.

-SB 602 by Sen. Brian Bingman, prohibits any person convicted of forgery, extortion, conspiracy to defraud or fraud from being eligible for a real estate license.

• Senate committees approved no legislation on Wednesday.


• The House met Wednesday and approved numerous bills including the following:

-HB 1707 by Rep. David Derby, amends the fee schedules for certain controlled dangerous substances to limit the maximum that the state may charge for possession of such substance.

-HB 1616 by Rep. Daniel Sullivan, clarifies how a law officer is to handle a person who is medically unstable.

-HB 1591 by Rep. Ann Coody, requires teachers of reading in grades K-3 to add phonological awareness, phonics, reading fluency, vocabulary and comprehension lessons.

-HB 1581 by Rep. Ann Coody, states that teacher candidates that wish to teach elementary, early childhood education, or special education programs must study the five elements of reading instruction.

-HB 2249 by Rep. Randy Terrill, modifies provisions regarding financial qualifications for the Oklahoma Higher Learning Access Program.

-HB 2176 by Rep. Jason Nelson, states that if any non-appropriated state agency fails to file a report under the Oklahoma Program Performance Budgeting and Accountability Act, the agency shall be subject to certain penalties of the agency’s fee revenues.

-HB 2149 by Rep. Don Armes, establishes the Agriculture Evidence and Law Enforcement Fund.

-HB 1747 by Rep. Gus Blackwell, gives the Oklahoma Corporation Commission the authority to supervise, control and regulate all electric power transmission lines statewide.

-HB 1332 by Rep. Lee Denney, creates the Oklahoma Pet Quality Assurance and Protection Act for the fair and ethical treatment of animals.

-HB 1603 by Rep. Dan Sullivan, modifies rules relating to civil procedure.

-HB 1101 by Rep. Ken Miller, establishes a Constitutional Reserve Fund which is not subject to fiscal year limitations.

• House committees took no action on Wednesday.

Thursday, March 5

• The Senate met Thursday and approved the following legislation:

-SB 551 by Sen. David Myers, clarifies language about adjustments in state officials’ pay.

-SB 340 by Sen. David Myers, relates to the construction of public buildings by deleting reimbursement provisions and repeals sections dealing with the Oklahoma Lighting Energy Conservation Act.

-SB 1070 by Sen. Susan Paddack, clarifies language regarding solicitation of contributions for non-profit organizations.

-SB 413 by Sen. Bill Brown, expands the definition of “consumer” to include any natural person who is a resident of Oklahoma and any business association, partnership, firm, corporation and its affiliates or subsidiaries.

-SB 399 by Sen. Cliff Branan, provides safe routes to school to encourage students to exercise by walking or biking to school.

-SB 314 by Sen. Cliff Branan, modifies definitions in the Ad Valorem Tax Code by adding video services providers and video programming and sets procedures for filing with the State Board of Equalization.

-SB 1179 by Sen. Bryce Marlatt, increases the application fee to the Board of Chiropractic Examiners to $175.

-SJR 21 by Sen. Brian Crain, directs the Oklahoma Health Care Authority to study the feasibility of implementing the use of online health registries for Medicaid beneficiaries.

-SB 486 by Sen. Clark Jolley, includes sales to certain health and human service providers as being tax exempt in compliance with the IRS code.

-SB 322 by Sen. Clark Jolley, requires Healthy and Fit School Advisory Committees to utilize the School Health Index for the purpose of assessing its students.

-SB 679 by Sen. David Myers, recreates the Oklahoma Geologic Storage of Carbon Dioxide Task Force.

-SB 1036 by Sen. David Myers, creates a task force to study smoking in public places.

-SB 867 by Sen. Patrick Anderson, extends the 2008-2009 academic standards to 2010-2011.

-SB 1105 by Sen. Patrick Anderson, defines “certificate of title” as one created by a governmental agency of any state.

-SB 1166 by Sen. Clark Jolley, creates the Regional Emergency 911 Services Act.

-SB 981 by Sen. Mike Mazzei, modifies definitions for the Oklahoma Uniform Principal and Income Act.

-SB 878 by Sen. Mike Johnson, authorizes the Attorney General to charge examination fees with proceeds going to the Attorney General’s Revolving Fund.

-SB 800 by Sen. Anthony Sykes, states that the Secretary of State shall publish in at least one newspaper a notice of filing and the sufficiency or insufficiency of the petition and shall include text of the ballot title as reviewed or as rewritten by the office of the Attorney General.

-SB 826 by Sen. Anthony Sykes, increases penalties for contributing to a minor’s membership in a gang.

-SB 508 by Sen. Jim Wilson, allows money collected for scenic rivers to be allowed to be spent outside boundaries of scenic river areas as long as money is spent within boundaries of counties in which rivers are located.

-SB 919 by Sen. John Sparks, forbids unlicensed people from offering to provide insurance.

-SB 848 by Sen. Cliff Branan, defines what fines the Oklahoma Used Motor Vehicle and Parts Commission may assess if a used motor vehicle dealer sells an extended insurance warranty but fails to provide a copy or fails to disclose who the insurer will be.

-SB 483 by Sen. Clark Jolley, clarifies responsibilities of the Commissioner of Public Safety in regards to digital photographic images of driver license or ID card holders.

Other News


• "Do You Realize??" by Oklahoma City alternative rock band, the Flaming Lips, has been named the official Oklahoma State Rock and Roll Song. The winning song was certified Monday in the State Senate with the passage of Senate Joint Resolution 24 by Sen. Mike Schulz and Rep. Joe Dorman. In a career that spans three decades of musical achievement, including three Grammy wins, the Flaming Lips is one of Oklahoma's most successful groups, all the while remaining based in Oklahoma City. “Do You Realize??” was composed and written by members Wayne Coyne, Steven Drozd, Michael Ivins and Dave Fridmann.

• The State Senate on Monday honored the 2008 Big 12 champions, the University of Oklahoma Sooners and their outstanding quarterback, 2008 Heisman winner Sam Bradford. SR 13, by Senators Todd Lamb and Glenn Coffee, congratulated the 2008 Heisman Trophy winner Bradford and named March 2, 2009 as “Sam Bradford Day” in Oklahoma in honor of his many accomplishments. Bradford let the Sooners to Big 12 Conference Championships in 2007 and 2008, and to the BCS National Championship game in 2009. In recognition of his incredible athletic ability, Bradford was named an Associated Press All-American First Team Quarterback and won the Davey O’Brien National Quarterback Award as best quarterback in the nation. In 2008, he was also selected as the 74th Heisman Memorial Trophy winner making him only the second sophomore, fifth Sooner, and 30th quarterback to win the highest honor in collegiate football.

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