Senate Journal May 16, 2012
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1115 Senate Journal Second Regular Session of the Fifty-third Legislature of the State of Oklahoma Fifty-sixth Legislative Day, Wednesday, May 16, 2012 The Senate was called to order by Senator Sykes. Roll Call: Present: Adelson, Aldridge, Allen, Anderson, Ballenger, Barrington, Bass, Bingman, Branan, Brecheen, Brinkley, Brown, Burrage, Childers, Coates, Crain, David, Eason McIntyre, Ellis, Fields, Ford, Garrison, Griffin, Halligan, Holt, Ivester, Johnson (C), Johnson (R), Jolley, Justice, Laster, Lerblance, Marlatt, Mazzei, McAffrey, Newberry, Nichols, Paddack, Russell, Schulz, Shortey, Simpson, Stanislawski, Sykes, Treat, Wilson and Wyrick.—47. Excused: Sparks.—1. Senator Sykes declared a quorum present. The prayer was offered by Reverend Brent Gifford, The Link Church, Elk City, the guest of Senator Ivester. REPORT OF ENGROSSED AND ENROLLED MEASURES SCR 40 was correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration. SB 1196 was correctly enrolled, properly signed and ordered transmitted to the Honorable House for signature of the Speaker. SRs 59, 61 and 63 were each correctly enrolled, properly signed and ordered transmitted to the Secretary of State. 1116 Senate Journal MESSAGES FROM THE HOUSE Advising conference granted on Engrossed SB 1847 and naming House conferees as follows: Conference Committee on Public Safety, Judiciary and Military Affairs. Advising fourth reading of and transmitting for signature Enrolled HB 2192 and HJR 1101. The above-numbered enrolled measures were, after fourth reading, properly signed and ordered returned to the Honorable House. UNANIMOUS CONSENT REQUEST DIRECT TO CALENDAR Senator Halligan asked unanimous consent to refer HCR 1040 direct to the Calendar for consideration, which was the order. GENERAL ORDER HCR 1040 by Denney of the House and Halligan of the Senate was called up for consideration. Senator Fields asked to coauthor HCR 1040, which was the order. HCR 1040 was adopted upon motion of Senator Halligan, properly signed and ordered returned to the Honorable House. GENERAL ORDER HJR 1107 by Vaughan of the House and Simpson of the Senate was called up for consideration. Senator Simpson moved that HJR 1107 be advanced, which motion was declared adopted. THIRD READING HJR 1107 was read for the third time at length. On the question of passage of the bill, the vote resulted as follows: Aye: Adelson, Aldridge, Anderson, Ballenger, Barrington, Branan, Brecheen, Brinkley, Brown, Burrage, Childers, Crain, David, Eason McIntyre, Ellis, Fields, Ford, Fifty-sixth Legislative Day, Wednesday, May 16, 2012 1117 Garrison, Griffin, Halligan, Holt, Ivester, Johnson (C), Johnson (R), Jolley, Justice, Lerblance, Marlatt, Nichols, Schulz, Simpson, Stanislawski, Treat, Wilson and Wyrick.-- 35. Nay: Allen, Mazzei and Sykes.--3. Excused: Bass, Bingman, Coates, Laster, McAffrey, Newberry, Paddack, Russell, Shortey and Sparks.--10. The bill passed. HJR 1107 was properly signed and ordered returned to the Honorable House. UNANIMOUS CONSENT REQUEST DIRECT TO CALENDAR Senator Burrage asked unanimous consent to refer SR 64 direct to the Calendar for consideration, which was the order. GENERAL ORDER SR 64 by Burrage and Bingman was called up for consideration. All other members of the Senate asked to coauthor SR 64, which was the order. SR 64 was adopted upon motion of Senator Burrage and referred for enrollment. MESSAGES FROM THE HOUSE CONFERENCE COMMITTEE REPORTS Transmitting the following bills, together with conference committee reports thereon, advising adoption of conference committee reports and passage of measures as amended: HB 2319 HB 2367 HB 2390 Conference committee reports were read on the above-numbered bills. 1118 Senate Journal MESSAGE FROM THE HOUSE Advising fourth reading of and returning Enrolled SB 1196. The above-numbered enrolled measure was referred to the Governor. Senator Schulz moved that the Senate recess until 1:30 p.m., which motion was declared adopted. * The Senate reconvened with Senator Sykes presiding. Senator Sykes questioned the presence of a quorum and ordered the roll called, following which a quorum was declared present. PENDING CONSIDERATION OF CCR The CCR on SB 1887 was rejected upon motion of Senator Schulz, further conference requested, and same Senate conferees appointed as follows: Russell, Sykes, Simpson, Treat, Ivester, Laster. PENDING CONSIDERATION OF HAs HAs to SB 929 were rejected upon motion of Senator Schulz, conference requested, and Senate conferees to be named later. DEDICATION Former Senator Charles Ford presented the portrait “Frank Phillips”, an Oklahoma Oil Entrepreneur. Senator Ford introduced the artist, Wayne Cooper, who addressed the Senate. Senator John Ford, Representatives Earl Sears and Steve Martin, ConocoPhillips and Phillips 66 presented the painting to the Senate as a gift. Senator Stanislawski presiding. Fifty-sixth Legislative Day, Wednesday, May 16, 2012 1119 PENDING CONSIDERATION OF HAs HAs to SB 1247 were concurred in upon motion of Senator Nichols. SB 1247, as amended by the Honorable House, was read at length. On the question of passage of the bill and emergency, the vote resulted as follows: Aye: Aldridge, Allen, Anderson, Ballenger, Barrington, Branan, Brecheen, Brinkley, Brown, Burrage, Coates, Crain, Eason McIntyre, Ellis, Fields, Ford, Garrison, Griffin, Halligan, Holt, Ivester, Johnson (C), Johnson (R), Jolley, Justice, Laster, Lerblance, Marlatt, McAffrey, Newberry, Nichols, Paddack, Russell, Schulz, Simpson, Stanislawski, Wilson and Wyrick.--38. Excused: Adelson, Bass, Bingman, Childers, David, Mazzei, Shortey, Sparks, Sykes and Treat.--10. The bill and emergency passed. House amendments were properly signed and the above-numbered bill was referred for enrollment. EXECUTIVE NOMINATIONS The following executive nominations have been approved by the committees named: Anderson, Imozelle F. "Mo", Oklahoma City, to the Board of Regents of the University of Science and Arts of Oklahoma, to serve a seven year term ending June 30, 2019, succeeding Neal McCaleb. (Education Committee) Motion to confirm made by Senator Clark Jolley. Atkinson, Gean B., Edmond, to the Oklahoma Tourism and Recreation Commission, to serve an unexpired term ending July 1, 2016, succeeding Melvin Moran. (Tourism and Wildlife Committee) Motion to confirm made by Senator Clark Jolley. Berry, D. Gayle, Oklahoma City, to the Board of Trustees for Langston University - Oklahoma City and Langston University - Tulsa, to serve a seven year term ending June 30, 2018, succeeding Orhan Kucukosman. (Education Committee) Motion to confirm made by Senator Sean Burrage on behalf of Senator Constance Johnson. Boettcher, Fred L., Ponca City, to the Crime Victims Compensation Board, to serve a four year term ending September 30, 2016, succeeding David Hartwell. (Public Safety Committee) Motion to confirm made by Senator Eddie Fields. 1120 Senate Journal Bomhoff, Margaret A., Edmond, to the Oklahoma Workers' Compensation Court, Position 9 Judge, to serve an eight year term ending July 1, 2020, succeeding Cherri Farrar. (Judiciary Committee) Motion to confirm made by Senator Clark Jolley. Bonny, Jackie L. "Jack", Elk City, to the Oklahoma Space Industry Development Authority, to serve a four year term ending June 30, 2016, succeeding himself. (Energy Committee) Motion to confirm made by Senator Tom Ivester. Buchanan, Gerald D. "Jerry", Tulsa, to the State Election Board, to serve a four year term ending March 15, 2015, succeeding a new position. (Rules Committee) Motion to confirm made by Senator Mike Mazzei. Burrage, Bobby Steve, Antlers, to the State Board of Corrections, to serve a six year term ending March 15,2017, succeeding Ted Logan. (Public Safety Committee) Motion to confirm made by Senator Jerry Ellis. Caldwell, Tommy R., Shady Point, to the Oklahoma Mining Commission, to serve an unexpired term ending January 1, 2012, succeeding Janet Kunze. (Energy Committee) Motion to confirm made by Senator Mark Allen. Caldwell, Tommy R., Shady Point, to the Oklahoma Mining Commission, to serve a seven year term ending January 1, 2019, succeeding himself. (Energy Committee) Motion to confirm made by Senator Mark Allen. Conner, Robert J. "Bob", Edmond, to the Oklahoma Space Industry Development Authority, to serve a four year term ending June 30, 2015, succeeding Phil Kliewer. (Energy Committee) Motion to confirm made by Senator Clark Jolley. Cornell, Paul H., Tulsa, to the Board of Regents for Tulsa Community College, to serve a seven year term ending June 30, 2019, succeeding Jana L. Shoulders. (Education Committee) Motion to confirm made by Senator Mike Mazzei. Coursey, Danny A., Idabel, to the Board of Trustees for the McCurtain County Higher Education Program, to serve a nine year term ending June 30, 2020, succeeding Robert Bryan Stauter. (Education Committee) Motion to confirm made by Senator Jerry Ellis. Cox, Robert C., Altus, to the Oklahoma Space Industry Development Authority, to serve a four year term ending June 30, 2015, succeeding Louis Sims. (Energy Committee) Motion to confirm made by Senator Mike Schulz. Cunningham, James E., Lawton, to the Oklahoma Space Industry Development Authority, to serve a four year term ending June 30, 2015, succeeding Joseph S. King. (Energy Committee) Motion to confirm made by Senator Randy Bass. Fifty-sixth Legislative Day, Wednesday, May 16, 2012 1121 Curry, W. Stephen, Oklahoma City, to the State Election Board, to serve a four year term ening March 15, 2015, succeeding Ramon Watkins.