Vetoed Bills

 

The Governor vetoed 39 measures and 7 line items. Summaries of some of the vetoed measures are included in this section. Summaries for the other vetoed measures will be included in the final version of the 2000 Legislative Summary.

SB 400 (Stipe/Culver): Gives the Director of the Department of Corrections authority to commission peace officers. It authorizes awards to employees and sets an annual maximum for those awards.

Vetoed 6-7-00: Veto message states that "this bill attempts to limit the current peace officers powers of these (probation and parole) officers which could in turn pose a public safety risk to the officers and the public at large".

SB 1004 (Leftwich/Nations): Requires agencies to determine the fully allocated cost of any current function prior to privatizing it.

Vetoed 6-7-00: Veto message states that "this bill creates unnecessary administrative impediments to streamlining agency operations".

SB 1009 (Price/Leist): Sets parameters for membership to the Oklahoma Agriculture Enhancement and Diversification Program. Requires the Governor to name three members of the board, one from the cattlemen's organization with the largest membership, and two from the two largest farm organizations.

Vetoed 5-24-00: Veto message states that "this bill diminishes the executive power of appointment to the Oklahoma Agriculture Enhancement and Diversification Advisory Board".

SB 1117 (Stipe/Tyler): Prohibits the Department of Transportation and the Oklahoma Transportation Authority from entering into agreements for routine maintenance of roads, bridges, highways and turnpikes which is currently being performed by employees of the Department or Authority.

Vetoed 4-24-00: Veto message states that "the bill would undermine efforts currently underway to streamline operations and would limit the ability of the State to utilize private sector partnerships".

SB 1119 by (Stipe/Tyler): Prohibits the Department of Transportation from altering, deleting or modifying the definition or meaning of any rule that is promulgated by the Commission and approved by the Legislature which relates to Outdoor Advertising.

Vetoed 6-7-00: Veto message states that SB 1119 adds requirements that "would be an unreasonable financial burden on the Department of Transportation".

SB 1137 (Morgan/Askins): Allows a person who holds a commission as a judge to finish business undertaken in state courts prior to being elected or appointed as a judge.

Vetoed 4-11-00: Veto message states that the bill "would have inappropriately allowed judges, in effect, to practice before their colleagues (and) at the very least, this projects an appearance of impropriety".

SB 1239 (Leftwich/Roberts): Requires the Teachers' Retirement System to provide members who retire an application to participate in a retired teachers' organization and a form for election to withhold dues from retirement benefits, with cost of the application and form to be paid by the organization.

Vetoed 5-22-00: Veto message states that the bill "requires the Oklahoma Teachers' Retirement System to absorb overhead costs associated with mailing informational materials, including an application, which encourage retiring members to join a retired teacher organization. This is not an appropriate use of their resources and is not a suitable administrative expense".

SB 1419 (Morgan/Leist): Prohibits county solid waste authorities and public trusts from providing solid waste services outside of the beneficiary county or the political limits of a beneficiary.

Vetoed 4-18-00: Veto message states that "this restriction would result in fewer choices for communities, particularly in rural Oklahoma, which in turn could result in higher costs for solid waste services".

SB 1430 (Smith/Hastings): Addresses pretrial bail and bond. The bill allows bail for misdemeanor and felony offenses to be set by the judge and provides for standing judicial orders. Pretrial release programs may be established and may evaluate defendants for pretrial release. It provides for bail to be rescinded or forfeited for failure to appear in court and allows personal recognizance release.

Vetoed 6-7-00: Veto message states that the pretrial release agencies authorized by SB 1430 "are unnecessary as this work is currently done successfully by the private sector. Expanding the role of government without a compelling reason is inappropriate".

SB 1456 (Easley/Matlock): Prohibits the Corporation Commission from promulgating, enforcing, or interpreting any rule or regulation unless it is consistent with and no more restrictive than federal rules, regulations, and interpretations for pipeline transportation and pipeline facilities.

Vetoed 4-11-00: Veto message states that "the State is allowed to be more stringent in natural gas standards and is already preempted by federal law from regulation of pipelines carrying hazardous liquids".

SB 1577 (Cain/Blackburn): Provides safe havens where infants who are 30 days old or younger may be left by the parent. Certain immunity from prosecution for child abandonment is provided.

Vetoed 4-17-00: Veto message states the bill's "expansive nature would impair the ability of the State to prosecute parents who commit certain crimes against their children" and that the Governor "supports the efforts of the Legislature to enact appropriate legislation that would limit prosecution of parents who seek to leave children in a safe environment as opposed to abandoning them".

SB 1597 (Fisher/Boyd): Creates the Oklahoma Partnership for School Readiness Advisory Board to facilitate community collaboration of efforts and services that will prepare children to enter school healthy and ready to learn. States a purpose of the act is to inform parents and caregivers of the importance and benefits of reading to children for at least fifteen minutes each day. States a legislative goal that by May 1, 2006, 90% of third-grade students will be reading at or above grade-level by the end of the third-grade school year. Authorizes the Advisory Board to identify up to six pilot projects to fulfill purposes of act. Pilot projects are required to utilize community resources, private capital or in-kind contributions for a portion of the operating expenses of the project. Contingent on funding, the Department of Human Services shall provide a project coordinator for each of the pilot projects.

Vetoed 6-7-00: Veto message states that SB 1597 "creates an advisory board that would duplicate the efforts of my (the Governor's) recently created task force on early childhood education. Unnecessary expenses can be avoided through the utilization of the task force presently in place".

HB 1507 (Toure/Henry): This bill makes changes to the civil procedure provisions of Title 12 of the Oklahoma Statutes, primarily as follows:

  • Stays the execution of a judgment or final order against the state, without the execution of a supersedeas bond, until any related appeal has been determined;

  • Authorizes certain matters required or permitted to be supported by a sworn statement to be supported by a signed statement under penalty of perjury and prescribes form of statement;

  • Modifies procedures for filing of application for attorney fees, costs and interest and prescribes time for filing the application;

  • Modifies time period in which action must be taken to enforce certain judgements;

  • Adds first-class mail, postage prepaid, to authorized methods of filing a petition in error;

  • Authorizes legislative intervention in a proceeding in which a statute is alleged to be unconstitutional and provides procedures therefor;

  • Modifies the definition of "mediator";

  • Authorizes issuance of orders or process in aid of discovery by a district court in certain circumstances;
  • Requires entry of appearance in any civil proceeding in the district courts and prescribes procedures;

  • Prescribes procedures for withdrawal of counsel and standards for disposition of motions to withdraw as counsel;

  • Specifies certain address as "address of record" for attorney or party appearing in a case pending in any district court;

  • Prescribes procedures for and effect of notice of change of address;

  • Prohibits certain acts by court reporters and court reporting firms;

  • Expands grounds for recommendation for actions on licenses of certified shorthand reporters;

  • Requires certain statements in probate proceeding to be acknowledged; and

  • Repeals specified sections of law.

    Vetoed 6-7-00: Veto message states that "it would be imprudent and potentially inappropriate to create statutory authority providing the Speaker of the House of Representatives and the President Pro Tempore of the Senate the unfettered right to intervene in a proceeding involving the constitutionality of a state statute or administrative rule which had been passed by those legislative bodies. The separation of powers in our State Constitution is an important protection and balance on the powers of one branch, which must not be breached."

HB 1933 (Collins/Milacek): Creates the Home Inspection Licensing Act. Requires, beginning July 1, 2001, that persons holding themselves out to be in the business of home inspections be licensed. Does not apply to individuals inspecting new residential construction, architects, engineers, or persons holding other occupational licenses (e.g., electricians) who only inspect within the confines of the other license. Creates a seven-member Committee of Home Inspector Examiners to advise the State Board of Health in promulgating rules on matters including qualifications and examinations for licensure, license renewal, etc. Sets fee limits. Makes willful and knowing violation of the Home Inspection Licensing Act a misdemeanor punishable by a fine of not more than $1,000 and not more than six months in the county jail, or both. Civil actions may also be brought, and the Attorney General or a district attorney may seek temporary or permanent injunctions or restraining orders.

Vetoed 6-7-00: Veto message states that "this bill (which creates the Committee of Home Inspector Examiners within the Oklahoma State Department of Health) unnecessarily adds to the duties and responsibilities of the Department of Health at a time when the Department is seeking to focus attention on critical needs at hand. Furthermore, expanding the size of state government without a compelling reason is fiscally irresponsible."

HB 2323 (Tyler/Stipe): Creates an exemption from the penalty for disclosing confidential information pertaining to a bid submitted to a public agency. The exemption applies to the public agency's engineering estimate which is not considered confidential and is open for public inspection.

Vetoed 4-20-00: Veto message states that "the bill duplicates legislation already passed and signed into law".

HB 2467 (Ross/Horner): Authorizes State Board of Education to award grants to school districts or nonprofit organizations for academic programs in low-performing or high-challenge schools. Criteria for programs include tutoring, professional development for teachers, and workshops for parents.

Vetoed 6-7-00: Veto message states that "this bill would permit the use of Great Expectations funds for uses other than originally intended. The successful Great Expectations Program funds staff development for teachers in public schools. The Great Expectations Program should not be diluted to fund other unproven programs."

HB 2561 (Taylor/Herbert): Modifies the definition of "insurer", as the term is used in the Unfair Claims Settlement Practices Act, to include "third-party administrators".

Vetoed 4-11-00: Veto message states that the bill "unnecessarily places separate and independent liability on third-party administrators who are generally acting on behalf of an entity currently defined as an "insurer" and therefore covered by the Unfair Claims Settlement Practices Act".

HB 2663 (Kirby/Maddox): HB 2663 changes the system of taxation of motor vehicles. Under current law, noncommercial motor vehicles are subject to an excise tax at a rate of 3.25% upon a sale or transfer of ownership. The basis for this tax is the manufacturer's price plus the value of optional equipment (total delivered price), discounted 35% each year. No adjustment is allowed for a trade-in. Annual tag fees are $15 plus a fee of 1.25% of the factory delivered price (discounted 10% each year). HB 2663 leaves the excise tax rate at 3.25%, but changes the basis for the tax to the actual sales price for new vehicles. For used vehicles, the excise tax is $20 for the first $1,000 (for FY 01, beginning 9-1-00), plus 3.25% of the remainder of the actual sales price. The $1,000 figure is increased to $1,250 for FY 02 and to $1,500 for FY 03 and thereafter. The bill changes the annual tag fee to $85 (years 1 through 4), $75 (years 5 through 8), $55 (years 9 through 12), $35 (years 13 through 16) or $15 (years 17 and following).

Vetoed 5-17-00: Veto message states that "while this bill does provide relief in the cost of car tag renewals, unfortunately, it finances that relief through a significant increase in excise taxes for used car buyers. This bill is not an appropriate way to deliver the needed car tax reductions for all Oklahomans".


(1) Passed, signed by Governor (2) Passed, pending Governor's approval/disapproval (3) Vetoed by Governor
(4) Pending in Legislature (5) Failed in Legislature (6) Enrolled with the Sec. of State
 

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