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The Oklahoma
Senate
Week In
Review
For the week of Monday,
April 5, 1999 - Thursday, April 8, 1999
Legislative
work continued on the floors of the House and Senate as
lawmakers rushed to beat their next deadline of the
session. All bills have to be passed off the floor by
Thursday, April 15th or they are dead for the
year.
Monday, April
5th
- Calling it a "good
example of compromise that works in the best interest of
our citizens," Governor Keating signed the so-called
"unmarked car" bill into law. The final version of the HB
1212 was a compromise with officials in law enforcement.
As it was originally written, the bill would have banned
municipal law enforcement agencies from using unmarked
cars in routine traffic enforcement, but the compromise
version allows unmarked cars to be used as long a
specific combination of lights are displayed on the
vehicle with the occupant wearing a police uniform.
Supporters contended the unmarked cars cause confusion
among motorists who cannot be sure if they are being
stopped by an actual law officer or a criminal
impersonating an officer. Opponents claimed the unmarked
cars have helped reduce aggressive driving and related
accidents.
- Governor Keating issued his first veto
of the session, striking down SB 323. That legislation related to
the state leave sharing system which allows public employees to donate
leave to other workers in time of need. The Governor contended existing
law already allowed for the transfer of leave and that the latest
legislation might open the system up to potential abuses by people
who are in the process of leaving state employment.
- Senators defeated
legislation which would have required public schools to
drug test students participating in such extra-curricular
activities as sports and band. HB 1269 by Sen. Brad Henry
fell two votes short of the necessary majority required
for passage, 23-24. Two amendments were added to the bill
before the final vote. One would grant school personnel
immunity from civil lawsuits stemming from drug testing.
The other would establish rules and procedures for
screening similar to those used in workplace drug
testing. Opponents argued the measure would unnecessarily
test the "best and brightest" students. Supporters
contended screening would help educators and parents
identify drug problems before they got out of hand. Sen.
Henry kept the measure alive on a motion to reconsider,
giving him three days to bring the bill up for another
vote.
- Members of the State House have gone
on record in support of abolishing the state sales tax on groceries.
House members made the statement by attaching grocery tax repeal amendments
to two separate pieces of legislation: SB 1, which would cut car tag
fees and excise taxes and SB 573, which would provide a sales tax
exemption to rail cars used to transport coal. The amendments' author,
Rep. John Sullivan, claimed repeal wouldn't cost the state any money
because consumers would use the savings to buy "shoes" and other things
that would "go back into the economy." Opponents, however, have argued
that outright repeal will hurt tax recipients like the public schools,
in addition to crippling cities and towns which rely on grocery tax
revenue.
- Oklahoma motorists would
see a reduction in excise taxes and car tag fees if a
bill approved by the Senate ultimately becomes law. HB
1734 by Sen. Jim Maddox is one of several proposals
designed to reduce the amount of taxes and fees Oklahoma
motorists pay on their vehicles. A compromise version is
ultimately expected to be worked out in conference
committee.
- Senators approved
legislation designed to address problems with wide area
calling in the 405 area code. HB 1701 by Sen. Ted Fisher
is currently a shell bill which will be used as a vehicle
if a solution is ultimately reached.
- The Senate approved a
measure designed to make it easier to train personnel to
conduct annual vehicle safety inspections. HB 1117 by
Sen. Brad Henry would allow people to take the training
at area vocational-technical schools, instead of
traveling to Oklahoma City as currently required. The
Department of Public Safety requested the bill.
- The Senate passed a
series of shell appropriations bill which will ultimately
serve as the vehicles for the state budget.
- The House approved legislation designed
to make state agencies more "user friendly" to the public. SB 19 by
Sen. Jim Maddox would require telephones at state agencies to be answered
by a human rather than a machine during business hours.
Tuesday, April
6th
- The Senate approved
legislation which would make it tougher on repeat drunk
drivers. HB 1082 by Sen. Brad Henry would require charges
against repeat DUI offenders to be filed in district
court, preventing drunk drivers from hiding their past
arrests when they occur in municipalities without courts
of record. Approximately 11,000 DUI arrests are handled
by such municipalities each year, but they are difficult
for authorities to track. Sen. Henry said differences
between the House and Senate versions of the bill will be
worked out in conference committee.
- A measure designed to
levy stiffer fines against people who litter Oklahoma
highways and byways was approved by the full Senate. HB
1805 by Sen. Rick Littlefield would increase the maximum
fine for littering from a vehicle from $200 to $500. The
measure would also require offenders to serve between
five and 20 hours in a community service program on
littering. Supporters contended the increased penalties
would help in the ongoing fight against litter, but
opponents questioned whether the punishments were too
stiff given the nature of the offense.
- Senators defeated
legislation which would have imposed a maximum 55 mph
speed limit on county roads, unless a lower limit was
already posted. HB 1488 was a request bill from the
Department of Public Safety.
- The Senate voted to recall SB 517 from
the Governor's office to clarify portions of the bill. The legislation
by Sen. Jim Maddox authorizes the removal of certain persons from
the property of an institution of learning and expanded the prohibition
period that could be placed on that person to prevent them from returning
to the property. The measure is designed to improve safety on college
campuses.
- A measure which would
strengthen the penalties for criminals who assault law
officers or correctional employees was approved by the
Senate. HB 1735 by Sen. Sam Helton would make it a felony
to commit assault and battery against a state employee
while in state custody.
- The Senate approved a
bill which would revise some of the regulations governing
the practice of veterinary medicine in Oklahoma. Among
other things, HB 1344 by Sen. Frank Shurden would expand
the membership of the State Board of Veterinary Medical
Examiners and modify licensing requirements. It would
also add to the list of grounds for disciplinary action,
including abandonment of certain types of animals. A
veterinarian who spoke in favor of the bill said they
needed minimum standards regarding basic housing and
cleanliness requirements.
- Senators approved
legislation designed to bail out the ailing Special
Indemnity Fund. The fund is supposed to provide
supplemental financial support to injured workers who
have been awarded court settlements, but it is about $26
million behind in payments. HB 1771 by Sen. Brad Henry is
headed for conference committee where backers are hoping
to find a solution to the problem.
- The Senate approved
legislation designed to establish a competitive rating
system for many types of business insurance policies. HB
1628 by Sen. Kevin Easley would allow some insurance
rates not to be subject to reapproval by the State Board
for Property and Casualty Rates. A competitive market
would be assumed to exist for a particular line of
insurance unless the insurance commissioner issues an
order otherwise. Not included in the legislation would be
reinsurance, accident and health insurance, marine
insurance, title insurance, workers compensation
insurance or personal risk property or casualty
insurance.
- The full House approved bills designed
to pave the way for a multi-million dollar NASA project at the old
Clinton-Sherman Air Force Base in Burns Flat. SB 720 by Sen. Gilmer
Capps would establish the Oklahoma Space Industry Development Authority.
The companion bill, SB 719, would provide income tax credit for investments
made in projects related to aviation and aerospace. SJR 25 would call
a statewide vote on a constitutional amendment authorizing the Oklahoma
Space Industry Development Authority to have ownership of technology
and equity interests in private business.
- After lengthy and sometimes heated
debate, House members approved legislation designed to set guidelines
for future state privatization efforts. SB 376 would establish rules
that must be followed and criteria that must be met before the privatization
of state agency functions can be approved. For example, state employees
would be allowed to submit proposals for improving services, in effect
giving them the opportunity to prove they can deliver the services
more efficiently than a private vendor. The measure would also prohibit
any officer who has decision-making power in the awarding of privatization
contracts to have worked in the past two years for a business that
is under consideration for the contract. Opponents argued the bill
would stymie almost any privatization effort, but supporters contended
guidelines were needed to prevent the potential abuse of taxpayer
dollars through ill-advised privatization efforts. Similar legislation
was approved last year, but vetoed by the Governor.
- Voters in Tulsa and Oklahoma Counties
may soon get to decide whether they want to raise their property taxes
to help fund their county health departments. The House approved SJR
3, a proposed constitutional amendment which would allow additional
millage elections in the two metro counties in support of their local
health agencies.
Wednesday, April
7th
- In an effort to keep state government
functioning even if a budget impasse develops later this legislative
session, the Oklahoma State Senate approved a $4.8 billion general
appropriations bill late Wednesday afternoon.
In effect, the "GA" bill funds state government at the same level
as the current fiscal year, allowing lawmakers to allocate any remaining
surplus revenue later in the session in separate budget reconciliation
bills. By passing the legislation, lawmakers guarantee that state
government will continue operating, even if a budget impasse exists
when the legislative session adjourns in May.
Governor Keating and legislative leaders reached a final agreement
on the important budget measure just a few hours before the Senate
action. The House is expected to pass the GA bill Thursday.
Some of the key appropriations of SB 161 include:
- $1.7 billion for common education;
- $745 million for higher education;
- $111 million for vo-tech;
- $228 million for transportation;
- $352 million for DHS;
- $125 million for mental health;
- $322 million for the Oklahoma Health Care Authority; and
- $327 million for the Department of Corrections.
Although most agencies received approximately the same amount of money
as the current fiscal year, the GA bill included a $12 million increase
for higher education and an $18 million increase for DHS. Governor
Keating had wanted to cut $15 million from the mental health agency,
but it was fully-funded in the legislation.
- The Senate revived a
measure calling for drug testing of some public school
students (see above). HB 1269 by Sen. Brad Henry was
approved 26-16 on a reconsideration vote. The bill now
heads for conference committee.
- Senators approved
another measure aimed at repeat DUI offenders. HB 1088 by
Sen. Grover Campbell would require an interlock ignition
device to be placed in the vehicle of felony DUI
offenders as a condition of receiving a suspended
sentence. The device, which would be paid for by the
offender, prevents a car from starting if a test
determines that the driver's blood alcohol content is .05
or more. The current legal limit is .10. The measure
would also allow corrections officials to monitor the
movements of DUI offenders with electronic monitoring
devices.
- The Senate approved the
so-called Brandy Thurman bill, a measure named after a
Broken Arrow teenager who suffered permanent disability
after being shot at her home. HB 1013 by Sen. Scott
Pruitt would require a minimum 10 year sentence when a
weapon is used to commit a violent crime.
- Senators approved
legislation designed to reduce "inattentive driving" on
Oklahoma roadways. HB 1286 by Sen. Sam Helton requires
that any person operating a vehicle shall devote the
necessary attention for safe operation so as not to
endanger the safety of others. The bill, requested by the
Department of Public Safety, would subject violators to a
$10 fine.
- A measure designed to
reward couples who undergo pre-marital counseling was
approved by the Senate. HB 1180 by Sen. Glenn Coffee
would reduce the marriage license fee from $25 to $5 for
eligible couples.
- The State House passed legislation
which would prevent municipalities from suing gun manufacturers. SB
562 by Sen. Frank Shurden was amended to require legislative approval
before the State Attorney General could file a suit against any firearms
manufacturer. Similar pieces of legislation are currently being considered
in several other Southern states to head off an anticipated series
of lawsuits against gun makers. Backers of the lawsuits believe gun
manufacturers should be held accountable for the health care costs
related to assaults and murders committed with firearms.
Thursday, April
8th
- The Senate continued to
work on legislation on the floor. Lawmakers have until
Thursday, April 15th to pass all bills out of the
opposite house of origin.
- The State House approved the SB 161,
the General Appropriations bill (see above). The measure now goes
to Governor Keating, who has indicated he will sign it.
Other News
- Rep. Larry Adair has
apparently wrapped up enough support to become the next
speaker of the Oklahoma House. Adair had been competing
against Majority Floor Leader Tommy Thomas and Rep. Don
Kinnamon for the position. The top post in the House is
currently held by Rep. Loyd Benson. Benson's second term
will expire after the 2000 legislative session and House
rules prohibit him from seeking another.
- The Oklahoma State
Regents for Higher Education will hold a public hearing
on a proposed tuition increase on April 16th at
Northwestern Oklahoma State University in Enid. Governor
Keating and the Regents have proposed a tuition hike to
supplement the budget of higher education, but state
legislators have yet to indicate whether they will
approve such an increase. The current Regents' proposal
calls for increases of 9 percent at the state's
comprehensive universities, 7 percent at four-year
regional universities and 5 percent at two-year
colleges.
- Governor Keating
formally unveiled the names of his "negotiating team" on
education reform. The group includes Secretary of State
Mike Hunter, Education Secretary Floyd Coppedge, Martin
Garber of Phillips Petroleum, George Singer of Singer
Brothers and Governor's Chief of Staff Ken Lackey. The
team will be working with legislative leaders to craft a
compromise reform package before the session is over.

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