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The Oklahoma Senate Week
In Review Monday, May 24th • The Senate met to consider legislation and approved several appropriations measures. Other legislation considered include the following: -CCR for HB 1866 by Sen. Bernest Cain and Rep. Darrell Gilbert would make the Board of Pharmacy completely responsible for the development and implementation of the unused prescription drugs program and expands the types of entities available to transfer and receive prescription drugs. The measure however deleted language that allows individuals to donate their unused prescription drugs. The bill and emergency passed 46-0. -CCR for HB 2108 by Sen. Ben Robinson and Rep. Bill Case
would require approval of the Legislature to increase the Nursing Facilities
Quality of Care fee and the Health Care Authority would not be required
to fund a study of nursing facility reimbursement methodology. The fee
would be exempt from budget cuts, reductions or eliminations. The bill
and emergency passed 45-0. -CCR for HB 2198 by Sen. Frank Shurden and Rep. M.C. Leist would add liability exemption for authorized environmental cleanup in relation to the Governmental Tort Claims Act. The bill and emergency passed 43-0. -CCR for HB 2213 by Sen. Johnnie Crutchfield and Rep. Greg Piatt would provide a sales tax exemption for certain public trust authorities. The bill and emergency passed 45-0. -CCR for HB 2250 by Sen. Ben Robinson and Rep. Bill Paulk would increase certain court fees and would deposit additional revenues in the Trauma Care Assistance Revolving Fund and require an annual disbursement from the fund. The bill and emergency passed 43-2. -CCR for HB 2305 by Sen. Frank Shurden and Rep. Rebecca Hamilton would create the State Advisory Council on Pain Management and provides for qualifications, terms, and reimbursement for travel, meetings, duties, assistance, reports and assessments. The bill and emergency passed 42-3. -CCR for HB 2306 by Sen. Frank Shurden and Rep. Rebecca Hamilton would create the Danille Martinez Act, which would authorize the option for patients to donate the blood extracted from the umbilical cord following delivery of a newborn child. The bill passed 28-17 but the emergency failed. Sen. Shurden moved to rescind the adoption of the CCR and the motion was adopted and the bill was sent back to conference. -CCR for HB 2314 by Sen. Kenneth Corn and Rep. Al Lindley would provide procedures for the reporting of domestic violence and sexual assault shelter records and would extend the termination date of the Youth Suicide Prevention Council. The bill passed 43-0. -CCR for HB 2440 by Sen. Richard Lerblance and Rep. Jerry Ellis would extend the water sale moratorium for a five-year period or until the Water Resources Board completes a scientific hydrological study of water resources in the state which is approved by the Statewide Water Policy Planning Commission. The bill and emergency passed 40-5. -CCR for HB 2527 by Sen. Bernest Cain and Rep. Ray Vaughn would remove priority and equal treatment for certain actions and would modify requirements of insurers regarding enrollment of a child under the health care plan of the non-custodial parent. The bill and emergency passed 45-0. -CCR for SB 1176 by Sen. Penny Williams and Rep. Ron Peters would allow a local government entity that constructs public improvements within an enterprise zone in accordance with a project plan pursuant to the provisions of the Local Development Act to be eligible for the state local government matching payment. The bill and emergency passed 42-2. -HA for SB 1392 by Sen. Owen Laughlin and Rep. Gus Blackwell would allow a court to order a defendant who has been convicted or handed down a deferred sentence to reimburse the courts all actual costs of incarceration. The bill passed 42-1. -CCR for SB 1430 by Sen. Ben Robinson and Rep. Joe Dorman would make information communicated to a physician for the purpose of diagnosis or treatment of the patient’s condition in an effort to fraudulently obtain insurance benefits not a privileged or confidential communication. The bill passed 30-15 and the emergency passed 32-13. -CCR for SB 1527 by Sen. Ted Fisher and Rep. Roy McClain would modify qualifications for establishment to receive payments under the Oklahoma Quality Jobs Program Act. The bill and emergency passed 43-0. -CCR for SB 1554 by Sen. Ben Robinson and Rep. Danny Hilliard
would create the Oklahoma Trauma Systems Improvement and Development
Act and provides for promulgation of rules by the Department of Health.
The bill and emergency passed 41-0.
-CCR for HB 2710 by Rep. Opio Toure and Sen. Dick Wilkerson
would prohibit the execution of those with severe developmental disabilities
and provides for submission of the issue and procedures to be followed
by the jury. The conference committee report failed 38-61. -CCR for HB 1670 by Rep. Gus Blackwell and Sen. James Williamson would provide procedures for receiving comments from the public at public meetings governed by the Oklahoma Meetings Act. The conference committee report was adopted 89-4 and the bill passed 94-2. -CCR for SB 1017 by Sen. Mike Morgan, Sen. Ben Robinson, Rep. Jack Bonny and Rep. Bill Mitchell would make an appropriation to the Oklahoma Department of Commerce. The conference committee report was adopted 62-33, the bill passed 86-13 and the emergency passed 68-31. -CCR for HB 1427 by Rep. David Braddock and Sen. Dick Wilkerson would create the Oklahoma Methamphetamine Education Task Force. The bill and emergency passed 95-0. -CCR for HB 2288 by Rep. Dale Turner and Sen. Jay Paul Gumm would create the Rural Action Partnership Program. The bill and emergency passed 89-10. -CCR for HB 2528 by Rep. Ray Vaughn and Sen. James Williamson would establish and provide for a standard child visitation schedule and guidelines. The bill and emergency passed 99-0.
-CCS SB 1272 by Sen. Kenneth Corn and Rep. Terry Harrison would provide a four-step salary increase plan for all public school teachers, based upon education and experience, beginning in the 2005-2006 school year. -CCS HB 2012 by Rep. Jack Bonny, Rep. Bill Mitchell, Sen. Mike Morgan and Sen. Ben Robinson would make an appropriation to the State Department of Education. -CCS HB 2048 by Rep. Jack Bonny, Rep. Bill Mitchell, Sen. Mike Morgan and Sen. Ben Robinson would make an appropriation to the Department of Human Services. -CCS SB 911 by Sen. Mike Morgan, Sen. Ben Robinson, Rep. Jack Bonny and Rep. Bill Mitchell would make an appropriation to the Department of Education for the Mathematics Improvement Program. -CCS SB 1077 by Sen. Mike Morgan, Sen. Ben Robinson, Rep. Jack Bonny and Rep. Bill Mitchell would make an appropriation to the Rural Economid Action Plan Fund Accounts. -CCS HB 2004 by Rep. Jack Bonny, Rep. Bill Mitchell, Sen. Mike Morgan and Sen. Ben Robinson relates to definitions in the Oklahoma Personnel Act and clarifies language. -CCS SB 1471 by Sen. Mike Morgan, Sen. Ben Robinson, Rep. Jack Bonny and Rep. Bill Mitchell would create a seven-member commission to review contracts between out-of-state vendors and private prison contractors that house out-of-state inmates. • Governor Brad Henry signed measures Monday including
the following:
• The Senate met briefly to approve several appropriations measures and continue hearing legislation on the floor then adjourned to GCCA. The measures considered by the full Senate were the following: -CCR for HB 2663 by Sen. Kenneth Corn and Rep. Larry Adair would provide procedures for scheduling and holding elections to fill a seat of a member of the State Legislature who has reached term limits in the middle of the elected term. The bill and emergency passed 39-7. -CCR for SB 1272 by Sen. Kenneth Corn and Rep. Terry Harrison
would provide a four-step salary increase plan for all public school
teachers, awarding larger increases to those with more experience. The
bill and emergency clause passed 46-0. -CCR for HB 1867 by Sen. Ben Robinson and Rep. Robert
Worthen would make it illegal to sell, give or supply minors any materials
or devices used for consuming tobacco. The bill and emergency passed
43-0. -CCR for HB 2528 by Sen. James Williamson and Rep. Ray Vaughn would establish and provide for a standard visitation schedule and advisory guidelines in relation to child visitation and custody. The bill and emergency passed 45-0. -CCR for HB 2548 by Sen. Cliff Aldridge and Rep. Leonard Sullivan would create the Oklahoma Anatomical Organ Donor Identification Act and would add donor notification to the back of driver licenses. The bill and emergency passed 41-0. -CCR for HB 2718 by Sen. Jim Reynolds and Rep. Kevin Calvey would require a child protective services case worker to advise the person accused of the specific complaint or allegation made against them. The bill and emergency passed 39-4. -CCR for SB 713 by Sen. Penny Williams and Rep. Larry Roberts would create the “Leave No Oklahoma Child Behind Act.” The bill would deal with charter schools and modify time for renewal of contract and remove funding calculation. The bill and emergency passed 38-9. -CCR for SB 1185 by Sen. Frank Shurden and Rep. Glen Bud Smithson would prohibit the confiscation of a firearm under certain circumstances and state conditions under which a firearm may be confiscated in relation to traffic violations. The bill and emergency passed 46-0. -CCR for SB 1346 by Sen. Angela Monson and Rep. Joe Dorman would change procedures relating to election dates, require the Secretary of the State Election Board to establish rules to permit secondary school students to serve as precinct election officials, provide an identification or driver license number to be placed on the voter registration card, and many other procedural items relating to elections. The bill and emergency passed 47-0. -CCR for SB 1398 by Sen. Johnnie Crutchfield and Rep. Jerry Ellis would require proper training for deputies and jailers as promulgated by the State Department of Health and the sheriff would be required to comply with minimal supervision standards set forth by OSDH. The bill and emergency passed 46-0. -CCR for SB 1410 by Sen. Frank Shurden and Rep. Glen Bud Smithson would require that notices of denial to carry a concealed handgun license to be sent via first class mail to the applicant’s address and the applicant may appeal the denial within 60 days. The bill and emergency passed 43-1. -CCR for SB 1471 by Sen. Mike Morgan and Rep. David Braddock would state that a private prison contractor operating on Jan. 1, 2004 with a capacity of 25 percent or less may contract with the federal government or another state to provide for housing, care, and control of minimum or medium security level inmates and the facility would be allowed to house the same type of inmates if contracting with the state. The bill and emergency passed 42-0. -CCR for SB 1589 by Sen. Dick Wilkerson and Rep. Bob Plunk would authorize the performance of drug screens on specimens in the custody of the Office of the Chief Medical Examiner and establish a system of fees to be charged for forensic services rendered to the public. The bill and emergency passed 46-0. -CCR for SJR 30 by Sen. Angela Monson and Rep. Clay Pope
would change income limits for determining fair cash value of certain
homesteads. The bill passed 44-0. -CCR for SB 1490 by Sen. Mike Morgan and Rep. Larry Roberts would provide grants to families with children aged six years or younger to move from land infected by zinc mining operations such as those in Tar Creek. The bill passed 61-37. -CCR for SB 1146 by Sen. Johnnie Crutchfield and Rep. Gary Taylor would allow the commissioners to cancel an election if there is only one candidate for any of the commissioner’s districts. The conference committee report was adopted 55-40 and the bill and emergency passed 91-5. -CCR for HB 2208 by Rep. Bill Case, Rep. Clay Pope and
Sen. Angela Monson would modify reference to certain qualifying income
limitation in reference to the Ad Valorem Tax Code. The bill passed
99-0. -CCR for HB 2218 by Rep. Elmer Maddux and Sen. Frank Shurden would provide a tax cut for the purchase of poultry litter. The bill passed 99-1. -CCR for HB 2372 by Rep. Joe Hutchison and Sen. Kenneth
Corn would enact the Oklahoma Volunteer Firefighter Training Incentive
and would create the Oklahoma Council on Firefighter Training. The bill
and emergency passed 88-11. -CCR for HB 2723 by Rep. Wayne Pettigrew and Sen. Glenn Coffee would modify requirements for facilities to obtain a Long-term Care Certificate of Need. The bill and emergency passed 97-1. -CCR for HJR 1063 by Rep. Barbara Staggs and Sen. Herb Rozell would change who must own religious or charitable property to be exempt from taxes. The resolution passed 92-8. • GCCA approved measures on Tuesday including the
following: • Governor Brad Henry signed several measures on
Tuesday including:
• The Senate met briefly to approve appropriations and other measures and then adjourned to continue working on bills in GCCA. Legislation considered by the full Senate were the following: -CCR for SB 911 by Sen. Mike Morgan, Sen. Ben Robinson, Rep. Jack Bonny, and Rep. Bill Mitchell would create the Mathematics Improvement Program for the purpose of improving student mastery of the Priority Academic Student Skills for sixth grade mathematics through Algebra I. The bill passed 28-19 but the emergency failed by the same vote. -CCR for HB 2574 by Sen. Sam Helton and Rep. Danny Morgan would change the definition of underground facility in the Underground Facilities Damage Prevention Act. The bill and emergency passed 43-0. -CCR for HB 2577 by Sen. Frank Shurden and Rep. Jim Newport
would modify hours required for certification as full-time officers
and a time period for obtaining certification. The bill and emergency
passed 45-0. -CCR for SB 369 by Sen. Frank Shurden and Rep. Fred Stanley would modify language concerning prescription drug labels as well as the different licenses for medical professionals. The bill and emergency passed 45-0. -CCR for SB 844 by Sen. Mark Snyder and Rep. Richard Phillips would modify procedures for the suspension and reinstating of state-issued licenses that are deemed out of compliance with certain state tax laws. The bill and emergency passed 46-0. -CCR for SB 1212 by Sen. Jim Maddox and Rep. Jari Askins would state legislative intent for the extension of funding for the funding for the Oklahoma Wind Power Initiative. The bill and emergency passed 45-0. -CCR for SB 969 by Sen. Cal Hobson and Rep. Larry Adair would designate the “Keith Leftwich Memorial Loop.” The bill and emergency passed 44-0. -SCR 82 by Sen. Angela Monson and Rep. Clay Pope would
direct the Oklahoma Tax Commission to conduct a study of compliance
with gross production tax laws. The resolution was adopted. -CCR for HB 2714 by Rep. Opio Toure and Sen. Angela Monson would delete the prohibition to renew licenses based on felony convictions for cosmetologists, professional engineers and land surveyors, athletic trainers and apprentices, real estate appraisers, physical therapists, speech-language pathologists and audiologists, professional counselors, marital and family therapists, and licensed behavioral practitioners. The conference committee report failed 35-60. -CCR for HB 2048 by Rep. Jack Bonny, Rep. Bill Mitchell, Sen. Mike Morgan and Sen. Ben Robinson would make an appropriation to the Department of Human Services for the school readiness program. The conference committee was adopted 57-40, the bill passed 81-16 but the emergency failed 60-35. -CCR for SB 1565 by Sen. Angela Monson and Rep. Bill Nations
would define terms of the Deferred Deposit Lending Act. The bill and
emergency passed 74-21. -CCR for HB 2306 by Rep. Rebecca Hamilton and Sen. Frank Shurden would create the Danielle Martinez Act and would authorize the option for patients to donate blood extracted from the umbilical cord of a newborn child. The bill and emergency passed 97-0. -CCR for HB 2542 by Rep. John Carey and Sen. Jay Paul Gumm would authorize the Commissioners of the Land Office to invest in certain real property under the jurisdiction of the Oklahoma Tourism and Recreation Department. The bill passed 65-29 and the emergency passed 75-19. -CCR for HB 2683 by Rep. Joe Dorman, Rep. Jerry Hefner and Sen. Jonathan Nichols would specify a certain period in relation to the costs of Rural Ambulance Service Districts. The bill and emergency passed 96-0. -HCR 1089 by Rep. Al Lindley and Sen. Debbe Leftwich would encourage the Oklahoma State Department of Education to review public school site security procedures and ensure that each school district has a uniform policy for all sites. The resolution was adopted. -CCR for SB 864 by Sen. Jay Paul Gumm and Rep. Joe Sweeden would require any property conveyed to the state for the purpose of establishing or for the use and benefit of any public college or university would be conveyed to the board of regents of the college or university following a determination by the Department of Central Services that he property has been and would continue to be used for the benefit of the college or university. The bill passed 96-2. -CCR for SB 1090 by Sen. Jay Paul Gumm and Rep. Joe Dorman would require the court to determine applicability of alternative methods of testimony from a child witness. The bill and emergency passed 94-2. -SCR 74 by Sen. Cal Hobson and Rep. Larry Adair would create the Deregulation of the Oklahoma Telecommunications Service Provider Industry Task Force. The resolution was adopted. - CCR for SB 1430 by Sen. Ben Robinson and Rep. Joe Dorman would make information communicated to a physician for the purpose of diagnosis or treatment of the patient’s condition in an effort to fraudulently obtain insurance benefits not a privileged or confidential communication. The conference committee report failed 3-88 and the conference committee report was rejected. • GCCA passed several measures on Wednesday to complete
the budget process including: • Governor Brad Henry signed several bills on Wednesday,
including the following: Thursday, May 27th • The Senate convened to approve several appropriation measures and also to hear the following legislation: -CCR for HB 1670 by Sen. Owen Laughlin and Rep. Gus Blackwell would propose to provide procedures for receiving comments from the public at meetings of public bodies governed by the Oklahoma Open Meetings Act. The bill failed 19-23. -CCR for HB 2416 by Sen. Frank Shurden and Rep. Fred Stanley would modify the definition of “pari-mutuel system of wagering” by deleting references to tickets when making wagers on horses. The bill passed 38-6. -CCR for HB 2135 by Sen. Glenn Coffee and Rep. Ron Peters would create the Family Wealth Preservation Trust Act, which would exempt the corpus and income of a preservation trust from forced sale and no judgment, decree or execution can be a lien on the trust for the payment of debts of a grantor up to one million dollars. The bill and emergency passed 40-3. -CCR for HB 2536 by Sen. Kenneth Corn and Rep. Purcy Walker would create the Task Force for the Study of Public Retirement Systems Benefit Design and Equity to conduct a comprehensive review of the major public retirement systems. The bill and emergency passed 44-0. -CCR for SB 1114 by Sen. Scott Pruitt and Rep. Barbara Staggs would delay the annual deadline for reporting a school district’s income and expenditures to Sept. 15 of each year. The bill and emergency passed 43-0. -CCR for SB 1172 by Sen. Kenneth Corn and Rep. Glen Bud Smithson would require money that has been seized by an investigatory agency but not held as evidence is deposited in an interest bearing account to be returned to the claimant or forfeited as provided by law. The bill and emergency passed 32-12. -CCR for SB 1203 by Sen. Sam Helton and Rep. Larry Roberts would prohibit participation of elected officials in the Oklahoma Public Employees Deferred Option Retirement Plan. The bill and emergency passed 43-0. -CCR for SB 1410 by Sen. Frank Shurden and Rep. Glen Bud Smithson would require notices of denial for a concealed handgun license be sent by first class mail to the applicant’s address and would allow the applicant to appeal the decision within 60 days of the denial. The bill and emergency passed 41-0. -CCR for 1486 by Sen. Scott Pruitt and Rep. Fred Morgan would allow a re-entry program to be created within the Department of Corrections for offenders who need structured release prior to sentence completion. The bill and emergency passed 41-0. -CCR for HJR 1044 by Sen. Sam Helton and Rep. Ray McCarter would propose a Constitutional amendment to provide for homestead exemption amounts based on a military service connected disability. The resolution passed 40-0. -CCR for SB 1560 by Sen. Frank Shurden and Rep. Joe Hutchison would exempt any person receiving Social Security Disability benefits, Supplemental Social Security Income benefits or disability benefits under the Railroad Retirement Act from the fees pertaining to controlled hunts. The bill passed 42-0. • The House convened to consider the following legislation: -CCR for HB 2661 by Rep. Larry Adair, Rep. Wayne Pettigrew, and Sen. Cal Hobson would require attorney fees in class actions to include non-cash benefits in certain circumstances and would authorize the court to decline to exercise jurisdiction in class actions and would modify language relating to class action suits. The conference committee report was adopted 58-42, the bill and emergency passed 68-32. -CCR for SB 835 by Sen. Frank Shurden and Rep. Randall Erwin would modify definitions of cockfighting and would delete the prohibitions to certain equipment. Previous question was moved by Rep. M.C. Leist, which passed 50-49 but the conference committee report failed 38-56. Rep. Erwin’s motion to reject the conference committee report failed 45-50. -CCR for HB 2109 by Rep. Ron Kirby and Sen. Dick Wilkerson would create the Oklahoma Integrated Justice Information Systems Steering Committee and clarifies that an offender must participate in a halfway house environment prior to placement on the Electronic Monitoring Program, and would require governmental entities to utilize prison industries services or products unless exempted if the produce or services is the lowest price. The bill and emergency passed 97-0. -CCR for HB 2218 by Rep. Elmer Maddux and Sen. Frank Shurden would provide a tax credit for the purchase of poultry litter. The bill passed 95-0. -CCR for HB 2372 by Rep. Joe Hutchison and Sen. Kenneth Corn would enact the Oklahoma Volunteer Firefighter Training Incentive, which would create the Oklahoma Council on Firefighter Training. The bill and emergency passed 95-0. -CCR for HB 2380 by Rep. Ron Peters and Sen. James Williamson would establish punishments for persons found guilty of domestic abuse by strangulation, and would require certain defendants to participate in counseling or treatment under certain circumstances. The bill passed 94-1. -CCR for HB 2416 by Rep. Fred Stanley and Sen. Frank Shurden would modify the definition of “pari-mutuel system of wagering” by deleting references to tickets when making wagers on horses. The bill and emergency passed 76-22. -CCR for HJR 1044 by Rep. Ray McCarter and Sen. Sam Helton would propose a Constitutional amendment to provide for homestead exemption amounts based on a military service connected disability. The resolution passed 97-0. -CCR for SB 1272 by Sen. Kenneth Corn and Rep. Terry Harrison would provide a four-staged salary increase plan for all public school teachers, awarding larger increases to those with more experience. The conference committee report was adopted 89-9 and the bill passed 97-1. -CCR for SB 1394 by Sen. Dick Wilkerson and Rep. Gary Taylor would create the Criminal Justice Computer Assistance Act and would direct the Oklahoma Criminal Justice Resource Center to implement an offender data information system. The bill and emergency passed 98-0. • GCCA held the final meeting on Thursday and approved
the following measures: • Governor Brad Henry signed the following legislation
on Thursday: Friday, May 28th • The Senate convened at 8:30 a.m. on Friday to
continue hearing legislation for the final day of the Second Session
of the 49th Legislature. Other News • After four hours of deliberation on Wednesday, a jury handed down a guilty verdict on all 161 counts of first degree murder, one count of first-degree arson and one count of conspiracy to commit arson to Terry Nichols for the bombing of the Alfred P. Murrah Building April 19th, 1995.
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