Vetoed Bills

 

SB184 (Haney/Settle): Creates a revolving fund for any monies received from settlement of claims against tobacco manufacturers and provides that money can only be expended from the fund pursuant to appropriation by the Legislature.

Vetoed 6/10/99: The Governor's veto message states it is improper to place money onto a Special Fund without the knowledge of how the monies in the Special Fund will be allocated. The State will not begin receiving its share of the tobacco settlement for another year. There is adequate time for the Legislative and Executive branches to reach agreement on the purpose of any Special Fund established to hold tobacco monies before such fund is established.

SB 322 (Monson/Taylor): Amends the vehicle excise tax and registration fee bill (HB 1734) passed earlier in the session. In HB 1734, the basis for the vehicle excise tax is specified to be the actual sales price of the vehicle less any credits, discounts or allowances for a motor vehicle traded in as part of the transaction. SB 322 also allows the subtraction of a vehicle sold by the taxpayer within 30 days prior to or after the date of purchase of the vehicle upon which the excise tax is levied. The provisions of HB 1734 requiring the values of both the purchased vehicle and the traded-in vehicle to be within 20% of the average retail price as listed in OTC-approved automotive reference material also apply to the value of vehicles sold by the taxpayer within the 30-day time limit.

Vetoed 5/26/99: The Governor's veto message states the reason for veto is the bill's attempt to amend the language in House Bill 1734 which was not approved.

SB 323 (Muegge/Lindley): This bill would have allowed a state employee to donate any amount of sick leave, which the employee had at the time of termination.

Vetoed 4/5/99: Senate override failed. Veto message states that the provisions of this bill are no different than the provisions of House Bill 2566 from the Second Session of the 46th Oklahoma Legislature, which was vetoed on June 5, 1998. The message further states the bill's broad language would increase the operating costs of individual agencies of government. Also, potential for abuses by persons leaving state service is created by the language.

SB 332 (Weedn/Mitchell): Directs the Department of Human Services to implement a program to provide services at the Southern and Northern Oklahoma Resource Centers to persons who are developmentally disabled and living in communities or private ICFs-MR, or who are on the waiting list for developmentally disabled services.

Vetoed 5/27/99: Senate override failed. Veto message states that the provisions of this bill would force the State of Oklahoma to embark upon an inappropriate direction. This legislation is contrary to the department of Human Services plan for the Northern and Southern Oklahoma Resource Centers.

SB 391 (Easley/Rice): Authorizes a nonprofit tax-exempt corporation recognized by the IRS as an instrumentality of this state to issue indebtedness or obligations to provide funds for the political subdivisions of this state, on a tax-exempt or taxable basis. Interest on these obligations, which is federally tax-exempt, will also be exempt from state or local taxes.

Vetoed 6/10/99: Veto message states this legislation designates a private entity as an instrumentality of the state without further guidelines as to limitations or clarification of the state interest to be served.

SB 404 (Stipe/Mass): Requires state agency plans for promotion to be reviewed and approved by the Office of Personnel Management.

Vetoed 5/26/99: Veto message states the bill creates added bureaucracy, which would interfere with the ability of agency managers to efficiently manage their agencies to the detriment of state employees and taxpayers.

SB 409 (Mickle/Dunegan): Modifies provisions relating to issuance of bonds by certain not for profit corporations, allocation of private activity bonds, and legislative approval of bonds to be issued by a Board of Regents. Designates REI as an instrumentality of the State of Oklahoma.

Vetoed 5/26/99: Veto message states this bill would create a significant reallocation of the private activity bond volume cap to the potential detriment of economic development in the state. Senate Bill 409 takes one-forth of the volume cap and removes it from oversight. In addition, this bill would create the only statewide issuer not be subject to the joint bond oversight committee. Further, a change in current procedures of this magnitude needs an in-depth study to assure the continuation of appropriate public policy in regards to administration of the private activity bond volume cap. An interim study of this issue with public hearings would be the best way to avoid or improve the issue of first come, first serve allocation procedure.

SB 418 (Easley/ Rice): Prohibits the Corporation Commission from employing anyone in the capacity of General Administrator. The bill also authorizes the Commissioners to adopt certain administrative functions and duties to be assigned to an employee of the Administrative Division, and requires the Commissioners to hire certain employees and set compensation and qualifications. Also, the Commissioners are required to review and approve the annual budget before submission.

Vetoed 6/10/99: Veto message states this legislation presents an unworkable organizational structure.

SB 725 (Stipe/Benson): Creates a Hate Crimes Unit in the Attorney General's office. Authorizes Attorney General to investigate and prosecute hate crimes. Precludes deferred judgment and sentence for person convicted by trial or upon plea of a hate crime.

Vetoed 6/10/99: Veto message states any crime, which might be labeled a hate crime, is already a crime in Oklahoma. This measure contributes nothing to the rights of every citizen, and improperly hints at the creation of a new class of criminal based not upon what he did, but based upon what he thought before he did it.

HB 1174 (McCarter/Fisher): Modifies the procedures for dismissal and for nonreemployment of a school administrator. Specifies reasons for which a certified administrator may be dismissed. Creates separate procedures for nonreemployment of a certified administrator.

Vetoed 5/21/99: Veto message states that the bill was vetoed for the same reason that House Bill 3184 was vetoed in 1998. The bill contains the exact same provisions diminishing control of schools by the local Boards of Education. Current law already provides procedures regarding dismissal or nonreemployment of all administrators. The procedures addressed in House Bill 1174, like those addressed in House Bill 3184 of 1998, may be implemented now by local Boards of Education if they choose. If this change in law were to be implemented, the state would be taking over the running of local schools.

HB 1343 (Davis/ Smith): Provides time limitations for commencement of criminal trials and for extensions of trials. Modifies scope of authority to prosecute for an offense after dismissal. Repeals 22 O.S. 1991, Section 811, 812, and 813, which relate to dismissal of prosecution and continuances.

Vetoed 6/10/99: Veto message states this legislation imposes procedural limitations without providing any additional protections for an accused. House Bill 1343 merely established a process whereby a case will be dismissed only as the result of the passage of time. The case can be refilled, so there are no added protections of the rights for an accused or the state. However, the resources of the state would be strained because of the added procedural requirements imposed. The added time and paperwork as well as needless expense to the counties of this state with limited resources are not an improvement to the justice system of the state.

HB 1569 (Gray/ Shurden): Requires Oklahoma Health Care Authority to provide Medicaid services for persons who meet certain income standards. States legislative intent that senior citizens who meet certain income standards receive three prescription medications to improve their quality of life.

Vetoed 6/10/99 Veto messages states this legislation imposes an unfunded mandate on the Health Care Authority. House Bill 1569 requires the Health Care Authority to provide additional Medicaid services without the necessary funding. The results would be a reduction in those services currently being supplied and funded. This unfunded mandate would work a serious hardship on the ability of the Health care Authority to provide needed services.

HB 1592 (Benson/ Taylor): Changes implementation date for high school graduation requirements.

Vetoed 6/8/99: Veto message states the provisions of this legislation serves to delay the implementation of the provisions of Enrolled House Bill 1759. There is no reason to delay the implementation of the core curriculum established in that legislation. A delay would be a disservice to the students, parents, and the taxpayers of this state, which strive for quality education for young people.

HB 1634 (Blackburn/Wilkerson): Provides that yearly vehicle registration decals will be displayed on the front windshield rather than the license plate, for all plates and decals issued after 12/31/99, and requires the certificate of registration to be carried in the vehicle. The certificate of registration will not include the street address of the vehicle owner.

Vetoed 5-27-99: Veto message states that the purpose of this legislation or the intent of this legislation is not clear. Changes in yearly decals are usually the result of extensive study and planning. Without study and planning by all the agencies effected, the results of attempting to implement the provisions of this act could be both unnecessarily costly and devastating to the efficiency of those agencies.

HB 1734 (Kirby/Maddox): Changes the system of taxation of motor vehicles.

Vetoed 5-20-99: Veto message states the bill is unconstitutional as it provides for a tax increase in violation of the provision of Article V, Section 33. This bill did not receive the required three-fourths vote of approval in each house of the legislature. In addition, the provisions of this bill mislead the citizens of Oklahoma in implying that it contains a tax cut, when in fact it increases taxes. In order to achieve full benefit of the "tax reduction", an Oklahoma taxpayer would be forced to trade in their car to a dealer instead of private sale. This bill would further create a tax increase to the 28 percent of Oklahomans who itemize expenses of at least 23.9 million dollars a year. This bill would also increase tag taxes.

HB 1771 (Ervin/Henry): Requires the State Insurance Fund to declare a dividend to policyholders if the surplus as regards policyholders is above a certain level. Dividends to state agencies would be deposited to the Special Indemnity Fund, which is renamed the Multiple Injury Trust Fund (MITF), for use in paying the $29.5 million owed to injured persons having claims against the MITF. The bill also allows state agencies to purchase workers' compensation insurance from private carriers if certain procedures and requirements are met. Permanent partial disability awards would no longer be compensable by the MITF.

Vetoed 5-26-99: Veto message states that it threatens the financial stability of the State Insurance Fund and increase workers' compensation rates, by 1.3% as reported by the National council on Compensation Insurance (NCCI).


(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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