43

HOUSE JOURNAL

First Regular Session of the Fiftieth Legislature

of the State of Oklahoma

Second Legislative Day, Monday, February 7 , 2005

Pursuant to Article V, Section 26 of the Constitution of the State of Oklahoma, the House of Representatives for the Fiftieth Legislature was called to order at 12:00 o'clock noon by Speaker Hiett.

The roll was called with 101 Members present.

The Speaker declared a quorum present.

Prayer was offered by Pastor Jeff Burress, Wesley United Methodist Church, Shawnee. Pastor Burress is sponsored this week by Representative Steele.

Upon motion of Representative Miller (Doug), Pastor Burress was confirmed as House Chaplain for this legislative week.

The Journal for the last legislative day was approved.

MOTION

Representative Cargill moved that the Honorable Senate be notified by message that the House of Representatives is assembled and ready to convene in Joint Session, which was the order.

JOINT SESSION

The Second Joint Session of the First Regular Session of the Fiftieth Legislature assembled in the House Chamber on Monday, February 7, 2005, and was called to order by President of the Senate, Lieutenant Governor Mary Fallin.

Senator Monson moved that the attendance roll call of the Senate be considered the roll call of the Senate in Joint Session, which was the order. 44 House Journal

Representative Cargill moved that the attendance roll call of the House be considered the roll call of the House in Joint Session, which was the order.

President Fallin declared quorums of the Senate and House present and the Joint Session duly convened.

The invocation was given by Reverend Trace Morgan, First Baptist Church, Stillwater.

COMMITTEE TO ESCORT GOVERNOR

Senator Monson moved that the President of the Senate and the Speaker of the House appoint a committee of Members from the Senate and the House respectively as a Joint Committee to notify Governor Brad Henry that the First Regular Session of the Fiftieth Legislature is now in Joint Session and ready to receive him and hear his message, which motion was declared adopted.

President Fallin appointed Senators Coates, Monson, Bass and Wyrick.

Speaker Hiett appointed Representatives Calvey, Shoemake and Billy.

Governor Henry was escorted to the rostrum by the Joint Committee and presented to the Joint Session by President Fallin where he delivered his message.

Upon unanimous consent request of Representative Cargill, the message of Governor Henry was ordered printed in full in the House Journal as follows:

STATE OF THE STATE

“Members of the House and Senate, Honorable Justices of the Supreme Court, Lt. Governor Fallin, Speaker Hiett, President Pro Tem Hobson, distinguished Cabinet and elected officials, honored guests and my fellow Oklahomans and friends:

Our Heritage of Values

In two months, our state -- our nation, in fact -- will observe the anniversary of one of the most tragic episodes in American history. April 19th will mark the 10-year anniversary of the massive bomb that tore through Oklahoma City’s Murrah Building. One hundred and sixty eight of our friends and neighbors lost their lives. Hundreds more were seriously injured. And yet the legacy of that dark day is one of compassion and decency and goodness. In the weeks and months that followed, Oklahomans demonstrated the caliber of our people. Something called “the Oklahoma Standard” became known throughout the world. It means resilience in the face of adversity. It means a strength and compassion that will not be defeated. Most of all, it means coming together as a family, the family that is Oklahoma.

Second Legislative Day, Monday, February 07, 2005 45

The Oklahoma Family

That legacy – the Oklahoma Family – is worth remembering today as we embark on a historic legislative session. Family is woven deeply into the tapestry of Oklahoma. Families are the compass that guide us. They are the inspiration to reach great heights, and our comfort when we occasionally falter. Like most Oklahomans, I was raised with a deep and abiding appreciation for, and love of, family. My parents, sadly, are no longer with us, but their spirit lives on in what they taught me about being a husband and a father. I am blessed to have three wonderful daughters. I am so proud of them, and they are here today to see how their dad does – Leah, Laynie and Baylee. And allow me also to introduce my wonderful wife – my best friend and closest education advisor – a graceful, gracious and incredibly poised First Lady, my wife, Kim Henry. The collective unity of the Oklahoma Family has led us to make tremendous strides forward these past two years, from progress in education to economic development and job creation, from building a better health care system to ensuring public safety. As stewards of state government, we have a moral responsibility to continue working together and moving our state forward. The mission is simple, but monumentally important. We must give Oklahoma families the opportunity to thrive and prosper. We must give Oklahoma children the ability to reach their potential. We must give our respected senior citizens access to world-class health care. We must give all Oklahomans the tools necessary to pursue the American dream. And then, we must get out of the way. I can report to you today that the State of the State of Oklahoma is strong and getting stronger, and positioned for greatness. We have the will and the commitment. We have the momentum. And now we must build on that momentum.

The Road to Now

It has been a challenging journey. When I became your governor two years ago, Oklahoma faced the worst funding crisis in the history of our state, a budget hole of nearly $700 million. It was a bleak time. Businesses struggled to make ends meet. Far too many Oklahomans were without work and having difficulty finding a job. Schools from Sayre to Stilwell braced themselves for disastrous cuts. But I reached out to both political parties and asked you to put aside your differences and put Oklahoma first. Together, we made the difficult decisions and emerged from the crisis without raising taxes – and yet we still managed to protect education and health care from catastrophic cuts. We worked together for the sake of Oklahoma and demonstrated that, together, there is no obstacle too daunting, no goal too ambitious. We didn’t simply pay lip service to fiscal responsibility; we walked the walk. We enacted zero-based budgeting to make sure every dollar is well-spent. We placed restrictions on the Rainy Day Fund to safeguard it for true emergencies. And we did both while still raising pay for our hard-working state employees. And we funded education first. 46 House Journal

Since taking office, I have labored each day to give every Oklahoma child the opportunities and advantages of a great education. Legislators on both sides of the aisle have joined me in the pursuit of educational excellence, and I applaud each of you for your commitment. No other investment yields as great a return as the investment in education. An educated workforce is the foundation of every community and the future of every economy. But it is vital we remember that education is more than economic development. Education is not solely about earning a great living. It means living a great life. We have focused on the single most important factor in education, the quality of instruction. And that meant long-overdue help for Oklahoma’s dedicated, hard-working – and historically underpaid – teachers. Our schools are full of great teachers. I’ve met them, I’ve talked to them – I even married one. But our teachers are the worst-paid in our region and consistently among the worst-paid in the nation. No longer will we allow that travesty. Together we embarked on a plan to raise our teacher salaries to the regional average, and we strengthened classroom instruction by restoring mentoring programs and promoting National Board Certification. We built upon the promise of early childhood education, so much so that our preschools are now hailed as the best in the nation. For that, we are indebted to the many champions of early childhood education, a group that ranges from one of our most visionary businessmen and philanthropists, George Kaiser, to my personal favorite preschool advocate, Kim Henry. In November, I kept campaign pledge when voters overwhelmingly approved an education lottery and tribal gaming regulation act, the first new revenue streams for our schools in more than 15 years. To get it done, we entered a new era of cooperation with our great tribal nations for the benefit of all Oklahomans. And, we learned we can accomplish so much more by working together. Higher education is also vitally important to our state, and here, too, we have made significant progress. We ensured full funding for college scholarships, expanded research opportunities, and finally funded a backlogged endowed chair program. But an educated Oklahoma is meaningless if it is not also a healthy Oklahoma. Our new Premium Assistance Program will help our small businesses and provide health insurance for thousands of uninsured Oklahoma families. We also corrected a glaring discrepancy to ensure that Medicaid covers the cost of screening for breast and cervical cancer. We secured funding for our state trauma care system, and we finally committed to building a world-class cancer research center right here in Oklahoma. And I am proud that we finally brought help to the families of beleaguered Tar Creek. We implemented a voluntary relocation assistance program to help families with small children escape this lead poisoning nightmare. We dealt with another kind of poison, too, by delivering a powerful blow against the scourge of methamphetamine. As a result of our tightened restrictions on a key ingredient of that insidious drug, meth lab seizures have dropped by as much as 70 percent. No wonder other states are clamoring to duplicate our actions in battling this vicious threat to Oklahoma families.

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Drug addiction is not someone else’s problem. It is every Oklahoman’s problem. That’s why we expanded our drug court program, which succeeds not only in being tough on crime, but also in being smart on crime. I commend the advocates of drug courts for their efforts to expand this worthwhile program, people like Oklahoma County District Attorney Wes Lane. In the arena of economic development, we have witnessed many successes these past two years. Dell, Quad Graphics, American Airlines, Vanguard, Cardinal Glass and Tracker Marine are only a few of the companies that either came to Oklahoma or expanded operations here to create thousands of good-paying jobs. We also enacted serious, long-term tax relief. We permanently reduced the income tax rate, eliminated capital gains taxes on Oklahoma-based property and investment, and lowered taxes on our retirees. As a result, we bolstered economic growth, provided needed help for hard-working citizens and breathed new life into our state’s entrepreneurial spirit.

Building on Momentum

We have accomplished so much for Oklahoma families – in education and health care, jobs and public safety – that it’s easy to forget just how daunting the situation was when we first began. But our work is far from over. Challenges remain. And so, undeterred, we must build on the momentum of these past two years and push ahead. Proverbs 29:18 tells us that “where there is no vision, the people perish.” I believe that to be true. This is no time for timid dreams. Oklahomans expect us to devote the same imagination, hard work and resolve that they employ every day of their lives.

Operation Homefront

That resolve is ingrained in Oklahomans. For proof, you need only look to our brave men and women serving in our armed forces. During the height of the Iraq War, Oklahoma’s National Guard led the nation in its percentage of mobilized forces. Among those Guardsmen is Captain Scott Houck, a 14-year veteran of the Oklahoma Guard. Captain Houck recently returned home after serving nearly a year-long tour of duty in Afghanistan. He earned many decorations – including the Bronze Star. I know his wife Kimberly Ann and their 13-month-old daughter, Kaelyn, are happy to have him back home. Please join me in honoring Scott and Kimberly Ann Houck, who are here representing Oklahoma’s dedicated and selfless Guardsmen and their families. Scott Houck is typical of how our Army and Air National Guard have made an extraordinary commitment for our state and nation. And so it is time we make an extraordinary commitment to our Guard and their families. Under “Operation Homefront,” the State of Oklahoma will provide a tax exemption for military pension income for all veterans and purchase a $250,000 life insurance policy for every Guardsman. In addition, we will establish the Military Family Relief Fund and give all Oklahomans an opportunity to donate to Guard families who need the help most. We honor their sacrifice, and it’s high time we honor their families, too.

Achieving Classroom Excellence (ACE)

We are making important inroads in education. While there is no shortcut to prosperity, we do know the road to prosperity invariably begins in the classroom. 48 House Journal

That is why we have committed so much to paving that road through increased teacher salaries, strengthened classroom instruction and, of course, new revenue sources to pump millions of additional dollars into our classrooms. Now we must pass and implement the Achieving Classroom Excellence or ACE initiative. Last year we made a promise to our teachers. We pledged to pay 100 percent of their health insurance premiums, and we did. But, we also pledged that Oklahoma would no longer tolerate shamefully low wages while other states tried to lure our great teachers away. This year, we must honor our commitment and stay the course. Oklahomans went to the polls and championed our schools. Now Oklahoma leaders must champion our teachers. A rock-solid education also means the expectation of excellence. It means lifting up our children so they can see the horizon of possibilities that stretches before them. It is only through raising expectations and striving for excellence that our children can reach their full potential. The education reforms I bring before you this session have a clear and vital aim: To make sure our children learn what they need to learn in our schools. We will identify students’ needs and ensure they get the tools that will enable them to achieve excellence. We will expand full-day kindergarten so our youngest generation can begin that journey to excellence. In our middle schools, we will improve lagging math scores by providing additional training for math teachers and computer labs for students. And, we will require meaningful 8th-grade testing, with resources and help for students who need it, to ensure every student demonstrates the skills and knowledge necessary for future success. In our high schools, we will promote a college-bound curriculum and phase in end-of- course testing that demands results from our students. We’ll require three years of high school math, and we’ll make the senior year count by encouraging more of our students attend college. We will do that by offering to pay full tuition costs for up to six hours of college credit per semester for our high school seniors. We will also employ additional performance reviews to guarantee more education dollars get to the classroom and we get the biggest bang for our education buck. And, we must also continue to fully fund scholarships so every student can attend college. It is within our reach to make Oklahoma schools the best in the nation, and now is the time to build on our momentum.

Higher Education Capital Bond Issue

That same commitment extends to our colleges and universities. First, the good news about higher education: Oklahoma college enrollment is at an all-time high. Now for the not-so-good news: We’re running out of room. But help is close at hand. No longer can we abide overcrowded facilities, crumbling classrooms, obsolete equipment or deteriorating research labs. I urge this Legislature to join me in passing a $500-million capital bond issue for higher education – and to do it quickly while interest rates are low. This bond issue is important for strengthening our colleges and universities. But, it’s absolutely critical for the economic growth and vitality of Oklahoma. With more than 140 construction projects in 36 communities across our state, this economic injection will have an immediate impact of nearly $740 million and the creation Second Legislative Day, Monday, February 07, 2005 49 of more than 4,000 construction jobs. But, more important, the economic reverberations of higher education will be felt for generations to come.

Job Creation

Once we pass this bond issue, we should build upon our economic momentum to further fuel business growth. This year, let’s pass the rest of the tort reform package I brought before you last session. We have implemented commonsense reforms to cut costs and curb frivolous lawsuits. In fact, medical malpractice cases have dropped dramatically since we enacted reforms – by more than 60 percent in some areas. But, as I said last year, there is still more to do. Last year, I also empanelled a bipartisan task force of experts to examine the most effective workers’ compensation systems in the nation to determine what works best. That report is in, and the time to act is now. I urge you to pass the comprehensive reforms recommended by that task force so we can reduce costs, help businesses and ensure fair compensation for injured workers.

Oklahoma Growth and Taxpayer Fairness Act

Fairness is a core Oklahoma value, and it must be our guide when it comes to the rights of our taxpayers. This session, I ask you to enact the Oklahoma Growth and Taxpayer Fairness Act. Under my proposal, whenever the Rainy Day Fund is full, half of any excess funds will be returned to those who most deserve it, the taxpayers of Oklahoma. It is projected that, this year alone, taxpayers could receive a rebate of up to $100 million. The other half of the excess funds should be invested in our future. These funds would help build the $1-billion EDGE research endowment to truly transform Oklahoma into the “Research Capital of the Plains.” This proposal, crafted by visionary Oklahoma business leaders like Larry Nichols, Jim Everest, Gene Rainbolt and Robert Lorton, was a key recommendation of our EDGE initiative. As we have seen from the incredible successes of OCAST, dollars invested in research and technology are dollars invested in job growth and prosperity. In fact, for every dollar we invest in research, we get 12 dollars in return. That’s a 1,200 percent return on our investment. This proposal also ensures fairness in our tax code through other commonsense measures. We will finish the job we started last year by eliminating the corporate capital gains tax on Oklahoma-based property. We will give collateral heirs the same exemption we give lineal heirs for estate tax purposes. We will continue to lower taxes on our retirees and make Oklahoma more attractive for our citizens facing retirement. And, we will establish an annual sales tax holiday so our families will buy their back-to-school items here in Oklahoma. Including the rebate, this tax-relief and investment package totals more than $263 million – and that’s money back in taxpayers’ pockets. This is something we can all agree on, and Mr. Speaker, I sincerely appreciate your endorsement.

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Prescription for Savings

Our state must also confront another financial concern plaguing many families. We are all aware of the skyrocketing costs of prescription drugs – especially our seniors, many of whom face impossible choices between purchasing food or needed medication. Some people would have you believe we don’t have a say in the matter. I disagree. We must challenge the system, even if it means taking on the federal government and the big pharmaceutical companies. The status quo is simply unacceptable. It is vital that we ensure affordable prescription drugs for all Oklahomans. Growing numbers of states are reimporting such drugs from Canada and other industrialized nations, and for good reason. They are the same medicines, same exact brands, same effectiveness. There’s only one difference, but it’s a big one: reimported drugs are more affordable. With our prescription for a healthy Oklahoma, we will help Oklahomans purchase cheaper medications by facilitating the reimportation of prescription drugs from other industrialized nations. And we’ll do it through collaboration with Oklahoma pharmacies and supplying help through an Internet Web site. In addition, I propose the creation of SmartCards that will enable Oklahomans to purchase their prescriptions from Oklahoma pharmacies at significant discounts without the mounds of paperwork and bureaucratic red tape. Make no mistake: Out-of-control prescription drug costs are unconscionable, and we must find a remedy. The worst thing we can do is to do nothing.

Healthy Oklahoma

The same is true for Oklahoma nursing homes. I have proposed a reform package to ensure high quality care for seniors and peace of mind for their loved ones. As we address the health needs of our parents and grandparents, we must not neglect the physical fitness of other Oklahomans. To encourage a healthier state, I will launch a comprehensive wellness campaign in April. This public-private partnership will promote healthier lifestyles and a more fit Oklahoma.

Strengthen Anti-Methamphetamine Law

One of the major roadblocks to a healthier Oklahoma is substance abuse, especially the epidemic of methamphetamine. We have the toughest anti-meth law in the nation, but there is more work to do. We must strengthen our efforts by creating a permanent state database to link pharmacies and prevent circumvention of the law. Beyond that, I will continue to urge my fellow governors to pursue similar legislation to cut down on meth ingredients being smuggled into Oklahoma from other states. I’m also working with Congressmen Tom Cole and Dan Boren to push for tough restrictions on the federal level. We must remain vigilant in our defense of the families torn apart by this deadly drug.

Our Task

Today is the first day of the first session of the 50th Oklahoma Legislature. It is the final Legislature of Oklahoma’s first century. We have before us a historic opportunity – Second Legislative Day, Monday, February 07, 2005 51 an opportunity to lay the groundwork for a second century of statehood that will propel Oklahoma and the Oklahoma Family to new heights. My administration has demonstrated that we do more than preach bipartisanship. We practice it. And I urge all of you gathered here today to make a similar pledge to that spirit of unity. The election is over, and with it we must set aside the divisiveness and polarization that fuel campaigns but foil good government. If ever there was a time for true bipartisanship, it is today. All of us in this chamber were elected so that we may govern with purpose. We cannot govern for the purpose of being elected. The pundits and political observers say Americans have never been more divided than they are today. They speak in terms of what supposedly separates us – red state or blue state, rich or poor, black or white – and on it goes. But I don’t believe we are defined by our differences, and I don’t think most Oklahomans do, either. Simply put, we are more alike than we are different. There is too much at stake for us to surrender to the politics of polarization. What unites Oklahomans today is what has always united us: Our unshakable faith. Our love of family and compassion for others. The unlimited promise of a hopeful future. We cannot and will not lose the momentum we have created. So much that we have accomplished to date – in education and job growth, health care and public safety – is meaningless if we close our eyes to the vision that can unite us. We all understand and appreciate the importance of family and the steadfast legacy of the Oklahoma Family. We – all of us in this chamber today – are a microcosm of the Oklahoma Family. And we must never forget that as we embark on this historic legislative session. Oklahoma is a state of greatness, but I am absolutely convinced that our greatest days are still ahead. Now, let’s get to work, and let’s work to honor the Oklahoma Family. God bless you, God bless America and God bless Oklahoma.”

MOTION

Upon motion of Representative Cargill, the Second Joint Session was ordered dissolved at 1:30 p.m.

Speaker Hiett Presiding

HOUSE RULES

Representative Cargill moved to amend the Temporary House Rules with a floor substitute.

Representative Gilbert moved to amend the floor substitute, Page 5, Section 3.2, Line 24 1/2 by inserting a new subparagraph (c) to read as follows, and relettering subsequent subparagraph:

“(c) No signs, placards or other objects of a similar nature shall be permitted in the House Chamber, halls or meeting rooms belonging to the House.”

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Representative Cargill moved to table the Gilbert amendment, which tabling motion prevailed upon roll call as follows:

Aye: Adkins, Armes, Balkman, Banz, Benge, Billy, Bingman, Blackwell, Calvey, Cargill, Case, Coody, Cooksey, Cox, Dank, Denney, DePue, DeWitt, Duncan, Hickman, Ingmire, Jackson, Jett, Johnson, Jones, Kern, Liebmann, Liotta, Martin, Miller (Doug), Miller (Ken), Morgan (Fred), Nance, Newport, Perry, Peters, Peterson (Pam), Peterson (Ron), Piatt, Reynolds, Richardson, Roggow, Smaligo, Steele, Sullivan, Terrill, Thompson, Tibbs, Trebilcock, Wesselhoft, Wilt, Winchester, Worthen, Wright, Young, Mr. Speaker.-- 56.

Nay: Askins, Auffet, Blackburn, Braddock, Brannon, Brown, Carey, Covey, Deutschendorf, Dorman, Eddins, Ellis, Gilbert, Glenn, Hamilton, Harrison, Hilliard, Hyman, Kiesel, Lamons, Lindley, Mass, McCarter, McDaniel, McMullen, McPeak, Miller (Ray), Morgan (Danny), Morrissette, Nations, Plunk, Pruett, Roan, Rousselot, Shelton, Sherrer, Shoemake, Shumate, Smithson, Staggs, Sweeden, Toure, Turner, Walker.--44.

Excused: Hastings.--1.

Representative Harrison moved to amend the floor substitute, Page 14, Section 7.4 (a), Line 23 by adding the language “No two committees shall meet at the same time.”.

Representative Covey asked to amend the Harrison amendment. The Presiding Officer ruled the Covey amendment out of order because it was an amendment in the third degree.

Representative Dorman raised a point of order that amendments in the third degree were allowed.

The Presiding Officer ruled the point not well taken and the Covey amendment out of order.

The roll was ordered called on the Harrison amendment, which amendment failed of adoption upon roll call as follows:

Aye: Askins, Auffet, Blackburn, Braddock, Brannon, Brown, Carey, Covey, Deutschendorf, Dorman, Eddins, Ellis, Gilbert, Glenn, Hamilton, Harrison, Hilliard, Hyman, Kiesel, Lamons, Lindley, Mass, McCarter, McDaniel, McMullen, McPeak, Miller (Ray), Morgan (Danny), Morrissette, Nations, Plunk, Pruett, Roan, Rousselot, Shelton, Sherrer, Shoemake, Shumate, Smithson, Staggs, Sweeden, Toure, Turner, Walker, Wesselhoft, Wright.--46.

Nay: Adkins, Armes, Balkman, Banz, Benge, Billy, Bingman, Blackwell, Calvey, Cargill, Case, Coody, Cooksey, Cox, Dank, Denney, DePue, DeWitt, Duncan, Hickman, Ingmire, Jackson, Jett, Johnson, Jones, Kern, Liebmann, Liotta, Martin, Miller (Doug), Miller (Ken), Morgan (Fred), Nance, Newport, Perry, Peters, Peterson (Pam), Peterson (Ron), Piatt, Reynolds, Richardson, Roggow, Smaligo, Steele, Sullivan, Terrill, Thompson, Tibbs, Trebilcock, Wilt, Winchester, Worthen, Young, Mr. Speaker.--54.

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Excused: Hastings.--1.

Representative Covey moved to amend the floor substitute, Page 18, Section 7.8, Lines 4-6 by deleting the language: “(c) Only those members present may vote on any matter, except that the Speaker may designate another member of the House to cast his or her vote.”

Representative Morgan (Fred) moved to table the Covey amendment, which tabling motion prevailed upon roll call as follows:

Aye: Adkins, Armes, Balkman, Banz, Benge, Billy, Bingman, Blackwell, Calvey, Cargill, Case, Coody, Cooksey, Cox, Dank, Denney, DePue, DeWitt, Duncan, Hickman, Ingmire, Jackson, Jett, Johnson, Jones, Kern, Liebmann, Liotta, Martin, Miller (Doug), Miller (Ken), Morgan (Fred), Nance, Newport, Perry, Peters, Peterson (Pam), Peterson (Ron), Piatt, Reynolds, Richardson, Roggow, Smaligo, Steele, Sullivan, Terrill, Thompson, Tibbs, Trebilcock, Wesselhoft, Winchester, Worthen, Wright, Young, Mr. Speaker.--55.

Nay: Askins, Auffet, Blackburn, Braddock, Brannon, Brown, Carey, Covey, Deutschendorf, Dorman, Eddins, Ellis, Gilbert, Glenn, Hamilton, Harrison, Hilliard, Hyman, Kiesel, Lamons, Lindley, Mass, McCarter, McDaniel, McMullen, McPeak, Miller (Ray), Morgan (Danny), Morrissette, Nations, Plunk, Pruett, Roan, Rousselot, Shelton, Sherrer, Shoemake, Shumate, Smithson, Staggs, Sweeden, Toure, Turner, Walker, Wilt.-- 45.

Excused: Hastings.--1.

Representative Miller (Ray) moved to amend the floor substitute, Pages 26-27 by deleting Sections 8.7, 8.8 and 8.9 and inserting in lieu thereof the following language:

“Section 8.7 Amendments (a) All bills and joint resolutions on General Order shall be subject to amendment. (b) The body of a bill or joint resolution shall not be defaced or interlined, but all proposed amendments, noting the page and line, shall be submitted to the Clerk on a separate piece of paper and shall be entered in the Journal. (c) There shall be no limit upon the number of amendments in fixing the time, the number, or the sum in a bill or joint resolution. The shortest time, the smallest number, or the smallest sum shall first be put to a vote in an ascending order until some one amendment is adopted. (d) When a proposed amendment to any bill or joint resolution is laid on the table, it shall not carry with the bill or joint resolution, or prejudice such measure.”

Representative Smaligo moved to table the Miller (Ray) amendment, which tabling motion prevailed upon roll call as follows:

Aye: Adkins, Armes, Balkman, Banz, Benge, Billy, Bingman, Blackwell, Calvey, Cargill, Case, Coody, Cooksey, Cox, Dank, Denney, DePue, DeWitt, Duncan, Hickman, Ingmire, Jackson, Jett, Johnson, Jones, Kern, Liebmann, Liotta, Martin, Miller (Doug), Miller (Ken), Morgan (Fred), Nance, Newport, Perry, Peters, Peterson (Pam), Peterson 54 House Journal

(Ron), Piatt, Reynolds, Richardson, Roggow, Smaligo, Steele, Sullivan, Terrill, Thompson, Tibbs, Trebilcock, Wesselhoft, Wilt, Winchester, Worthen, Wright, Young, Mr. Speaker.-- 56.

Nay: Askins, Auffet, Blackburn, Braddock, Brannon, Brown, Carey, Covey, Deutschendorf, Dorman, Eddins, Ellis, Gilbert, Glenn, Hamilton, Harrison, Hilliard, Hyman, Kiesel, Lamons, Lindley, Mass, McCarter, McDaniel, McMullen, McPeak, Miller (Ray), Morgan (Danny), Morrissette, Nations, Plunk, Pruett, Roan, Rousselot, Shelton, Sherrer, Shoemake, Shumate, Smithson, Staggs, Sweeden, Toure, Turner, Walker.--44.

Excused: Hastings.--1.

Representative Braddock moved to amend the floor substitute, Page 43, Section 11.5, Line 19 1/2 by adding a new subsection (c) to read as follows:

“(c) Committee chairs and vice-chairs shall not organize, operate, or raise funds for any Political Action Committee or PAC.”

Representative Trebilcock moved to table the Braddock amendment, which tabling motion prevailed upon roll call as follows:

Aye: Adkins, Armes, Balkman, Banz, Benge, Billy, Bingman, Blackwell, Calvey, Cargill, Case, Coody, Cooksey, Cox, Dank, Denney, DePue, DeWitt, Duncan, Hickman, Ingmire, Jackson, Jett, Johnson, Jones, Kern, Liebmann, Liotta, Martin, Miller (Doug), Miller (Ken), Morgan (Fred), Nance, Newport, Perry, Peters, Peterson (Pam), Peterson (Ron), Piatt, Reynolds, Richardson, Roggow, Smaligo, Steele, Sullivan, Terrill, Thompson, Tibbs, Trebilcock, Wesselhoft, Wilt, Winchester, Worthen, Wright, Young, Mr. Speaker.-- 56.

Nay: Askins, Auffet, Blackburn, Braddock, Brannon, Brown, Carey, Covey, Deutschendorf, Dorman, Eddins, Ellis, Gilbert, Glenn, Hamilton, Harrison, Hilliard, Hyman, Kiesel, Lamons, Lindley, Mass, McCarter, McDaniel, McMullen, McPeak, Miller (Ray), Morgan (Danny), Morrissette, Nations, Plunk, Pruett, Roan, Rousselot, Shelton, Sherrer, Shoemake, Shumate, Smithson, Staggs, Sweeden, Toure, Turner, Walker.--44.

Excused: Hastings.--1.

Representative Braddock moved to amend the floor substitute, Page 43, Section 11.5, Lines 18-19 by deleting the language “No monetary contributions shall be accepted by any Member or his or her staff in the Capitol Building at any time.” and replacing it with the language: “No monetary contributions shall be accepted by any Member or his or her staff on Capitol property at any time.”

Representative Cargill asked unanimous consent to adopt the Braddock amendment, which was the order.

Second Legislative Day, Monday, February 07, 2005 55

Representative Lamons moved to amend the floor substitute, Page 43, Section 11.5, Line 19 1/2 by adding a new subsection (c) to read as follows:

“(c) During the period beginning on the 30th day before the date a regular legislative session convenes and continuing through the 30th day after the date of final adjournment of the Legislature, a person shall not knowingly make a political contribution to a member of the Legislature. A member of the Legislature shall not knowingly accept a political contribution, and shall refuse a political contribution that is received, during the period prescribed by subsection A of this section. A political contribution that is received and refused during that period shall be returned to the contributor not later than the 30th day after the date of receipt. A contribution made by mail is not considered received during that period if it was placed with postage prepaid and properly addressed in the United States mail before the beginning of the period. The date indicated by the post office cancellation mark is considered to be the date the contribution was placed in the mail unless proven otherwise. During the period beginning on the 30th day before the date a regular legislative session convenes and continuing through the 30th day after the date of final adjournment of the Legislature, a person not a member of the caucus shall not knowingly make a contribution to a legislative caucus. A legislative caucus shall not knowingly accept from a nonmember a contribution, and shall refuse a contribution from a nonmember that is received, during the period prescribed by subsection A of this section. A contribution that is received and refused during that period shall be returned to the contributor not later than the 30th day after the date of receipt. A contribution made by mail is not considered received during that period if it was placed with postage prepaid and properly addressed in the United States mail before the beginning of the period. The date indicated by the post office cancellation mark is considered to be the date the contribution was placed in the mail unless proven otherwise. In this section, “legislative caucus” means an organization that is composed exclusively of members of the Legislature, that elects or appoints officers and recognizes identified legislators as members of the organization, and that exists for research and other support of policy development and interests that the membership hold in common. The term includes an entity established by or for a legislative caucus to conduct research, education, or any other caucus activity. An organization whose only nonlegislator members are the Lieutenant Governor or the Governor remains a “legislative caucus” for purposes of this section.”

Representative Trebilcock moved to table the Lamons amendment, which tabling motion prevailed upon roll call as follows:

Aye: Adkins, Armes, Balkman, Banz, Benge, Billy, Bingman, Blackwell, Calvey, Cargill, Case, Coody, Cooksey, Cox, Dank, Denney, DePue, DeWitt, Duncan, Hickman, Ingmire, Jackson, Jett, Johnson, Jones, Kern, Liebmann, Liotta, Martin, Miller (Doug), Miller (Ken), Morgan (Fred), Nance, Newport, Perry, Peters, Peterson (Pam), Peterson (Ron), Piatt, Reynolds, Richardson, Roggow, Smaligo, Steele, Sullivan, Terrill, Tibbs, Trebilcock, Wesselhoft, Wilt, Winchester, Worthen, Wright, Young, Mr. Speaker.--55.

Nay: Askins, Auffet, Blackburn, Braddock, Brannon, Brown, Carey, Covey, Deutschendorf, Dorman, Eddins, Ellis, Gilbert, Glenn, Hamilton, Harrison, Hilliard, 56 House Journal

Hyman, Kiesel, Lamons, Lindley, Mass, McCarter, McDaniel, McMullen, McPeak, Miller (Ray), Morgan (Danny), Morrissette, Nations, Plunk, Pruett, Roan, Rousselot, Shelton, Sherrer, Shoemake, Shumate, Smithson, Staggs, Sweeden, Toure, Turner, Walker.--44.

Excused: Hastings, Thompson.--2.

Representative Dorman moved to amend the floor substitute, Page 47, Section 14.2, Lines 7-13 by deleting the following language:

“Any parliamentary questions not provided for by the Oklahoma Constitution or these Rules shall be governed by the ruling of the Speaker. The Speaker may publish these substantive rulings in a volume of precedents. In making his or her ruling, the Speaker may rely upon, but is not bound by, these published rulings or other parliamentary authorities, including, but not limited to, the latest edition of Mason’s Manual of Legislative Procedure.”,

and by inserting in lieu thereof the language:

“Any parliamentary questions not provided for by the Oklahoma Constitution, Statutes or these Rules shall be governed by the latest edition of Mason’s Manual of Legislative Procedure. Any rulings by the Speaker shall be published in a volume of precedents. In making a ruling, the Speaker shall rely upon the aforementioned rules and guidelines. Precedence of the Oklahoma House of Representatives shall not outrank written rules adopted by this body.”

Representative Cargill moved to table the Dorman amendment, which tabling motion prevailed upon roll call as follows:

Aye: Adkins, Armes, Balkman, Banz, Benge, Billy, Bingman, Blackwell, Calvey, Cargill, Case, Coody, Cooksey, Cox, Dank, Denney, DePue, DeWitt, Duncan, Hickman, Ingmire, Jett, Johnson, Jones, Kern, Liebmann, Liotta, Martin, Miller (Doug), Miller (Ken), Morgan (Fred), Nance, Newport, Perry, Peters, Peterson (Pam), Peterson (Ron), Piatt, Reynolds, Richardson, Roggow, Smaligo, Steele, Sullivan, Terrill, Tibbs, Trebilcock, Wesselhoft, Wilt, Winchester, Worthen, Wright, Young, Mr. Speaker.--54.

Nay: Askins, Auffet, Blackburn, Braddock, Brannon, Brown, Carey, Covey, Deutschendorf, Dorman, Eddins, Ellis, Gilbert, Glenn, Hamilton, Harrison, Hilliard, Hyman, Kiesel, Lamons, Lindley, Mass, McCarter, McDaniel, McMullen, McPeak, Miller (Ray), Morgan (Danny), Morrissette, Nations, Plunk, Pruett, Roan, Rousselot, Shelton, Sherrer, Shoemake, Shumate, Smithson, Staggs, Sweeden, Toure, Turner, Walker.--44.

Excused: Hastings, Jackson, Thompson.--3.

Speaker Hiett asked unanimous consent to extend the debate time to 15 minutes per side, which was the order.

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Representative Cargill moved adoption of the floor substitute, as amended, which motion was declared adopted upon roll call as follows:

Aye: Adkins, Armes, Balkman, Banz, Benge, Billy, Bingman, Blackwell, Calvey, Cargill, Case, Coody, Cooksey, Cox, Dank, Denney, DePue, DeWitt, Duncan, Hickman, Ingmire, Jackson, Jett, Johnson, Jones, Kern, Liebmann, Liotta, Martin, Miller (Doug), Miller (Ken), Morgan (Fred), Nance, Newport, Perry, Peters, Peterson (Pam), Peterson (Ron), Piatt, Reynolds, Richardson, Roggow, Smaligo, Steele, Sullivan, Terrill, Tibbs, Trebilcock, Wesselhoft, Wilt, Winchester, Worthen, Wright, Young, Mr. Speaker.--55.

Nay: Askins, Auffet, Blackburn, Braddock, Brannon, Brown, Carey, Covey, Deutschendorf, Dorman, Eddins, Ellis, Gilbert, Glenn, Hamilton, Harrison, Hilliard, Hyman, Kiesel, Lamons, Lindley, Mass, McCarter, McDaniel, McMullen, McPeak, Miller (Ray), Morgan (Danny), Morrissette, Nations, Plunk, Pruett, Roan, Rousselot, Shelton, Sherrer, Shoemake, Shumate, Smithson, Staggs, Sweeden, Toure, Turner, Walker.--44.

Excused: Hastings, Thompson.--2.

The adopted rules, as amended, read as follows:

RULES OF THE HOUSE OF REPRESENTATIVES OF THE 50TH OKLAHOMA LEGISLATURE

STATEMENT OF AUTHORIZATION

Pursuant to and under the authority of Article V, Section 30 of the Oklahoma Constitution, the Oklahoma House of Representatives adopts the following rules to govern its operations and procedures. The provisions of these rules shall be deemed the only requirements binding upon the House of Representatives under Article V, Section 30 of the Oklahoma Constitution, notwithstanding any other requirements expressed in statute.

RULE ONE

DUTIES AND RIGHTS OF THE SPEAKER CHAPTER A. DUTIES AS PRESIDING OFFICER

1.1 - Convening

The Speaker of the House, as Presiding Officer, shall take the Chair each day at the hour to which the House has adjourned, call the House to order and, except in the absence of a quorum, proceed under the Order of Business set forth in these Rules; provided, however, the Speaker may designate any other member of the House as Presiding Officer, but such designation shall not last beyond that day’s adjournment.

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1.2 - Preservation of Order and Decorum

(a) The Speaker shall preserve order and decorum. In case of any disturbance or disorderly conduct in the House Chamber, halls or rooms belonging to the House, the Speaker shall have the power to order the same to be cleared or direct any other action necessary to preserve order and decorum.

(b) Appearances or presentations by school or other groups shall not be permitted on the floor of the House during the four (4) legislative days immediately preceding sine die adjournment as the Speaker may designate.

1.3 - Referral of Proposed Legislation to Committee

All proposed legislation, as governed by Section 8.4 (b), of these Rules, if not referred directly to General Order, shall be referred by the Speaker to an appropriate standing or special committee. A bill or resolution may not be referred simultaneously to more than one committee.

1.4 - Speaker to Sign Bills, Resolutions and Papers

(a) The Speaker, or a Member designated by the Speaker, shall sign all bills and joint resolutions passed by the Legislature. Such certifications shall be made while the House is in session and shall be made a matter of record in the House Journal.

(b) The Speaker shall sign all subpoenas, warrants, writs, vouchers for expenditures chargeable to the House, contracts binding upon the House or other papers issued by the House. The Speaker may delegate the authority to sign papers authorizing payments and other papers of an administrative nature.

1.5 - Speaker May Authorize Counsel in Lawsuits Affecting the House

The Speaker may authorize counsel to initiate, defend, intervene in, or otherwise participate in any lawsuit on behalf of the House, a committee of the House, a Member or former Member of the House in his or her legal capacity as a member, or an officer, employee or agent of the House in their official capacity when the Speaker determines that such lawsuit is of significant interest to the House and that the interest of the House would not otherwise be adequately represented. Expenses incurred for legal services in such proceedings may be paid upon approval of the Speaker.

1.6 - Appointment of Liaisons; Authorization of Communications

(a) The Speaker may at any time designate a Member or Members to serve as liaison on behalf of the Speaker.

(b) The Speaker may communicate with the Senate or the Governor on all such subjects the Speaker deems necessary or expedient.

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1.7 - Voting Rights of the Presiding Officer

The Speaker shall have the same right as other members to vote. On all questions on which ayes and nays are taken, the Speaker shall vote under the title "Speaker."

CHAPTER B. ADMINISTRATIVE DUTIES

1.8 - Control of the House

(a) The Speaker shall have general control of the Chamber of the House and that part of the Capitol Building assigned to the House.

(b) The Speaker shall assign committee rooms to the various standing and special committees.

(c) The Speaker may reserve a portion of the gallery for former Members of the House, former members of the Senate and the families of Members of the House and their guests.

1.9 - Committees

(a) The Speaker shall create, abolish, and establish the jurisdiction of all committees and subcommittees, in accordance with applicable law. The Speaker shall appoint all committees, subcommittees, chairs, vice-chairs and members of the various committees to report on the subjects named and such other matters as may be referred to them. All chairs, vice-chairs, and members of committees and subcommittees serve at the pleasure of the Speaker.

(b) The Speaker shall appoint all special committees and conference committees as the Speaker determines to be necessary.

(c) The Speaker shall be an ex-officio voting member of all standing and special committees.

1.10 - House Employees

All House employees work for and serve at the pleasure of the Speaker. The Speaker shall determine their qualifications, hours of work and compensation, including benefits. The Speaker has the right at any time to transfer employees to another department or discharge any employee of the House without cause.

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RULE TWO

DUTIES OF THE SPEAKER PRO TEMPORE

2.1 - Convening

In the absence of the Speaker, the Speaker Pro Tempore, as Presiding Officer, shall take the Chair each day at the hour to which the House has adjourned, call the House to order and, except in the absence of a quorum, proceed under the Order of Business set forth in these Rules; provided, however, the Speaker Pro Tempore may, in the absence of the Speaker, designate any other Member of the House as Presiding Officer, but such designation shall not last beyond that day’s adjournment.

2.2 - Duties

(a) The Speaker Pro Tempore shall perform the duties of Speaker in the absence of the Speaker.

(b) If at any time the office of Speaker becomes vacant because of removal from office, death, resignation or other disability of the person holding that office, then the Speaker Pro Tempore shall become acting Speaker until the disability is removed or a new Speaker is elected.

(c) The Speaker Pro Tempore shall not be considered the Speaker within the meaning of Article VI, Section 15 of the Oklahoma Constitution providing for succession to the Governorship.

(d) The Speaker Pro Tempore shall be an ex-officio voting member of all standing and special committees.

RULE THREE

DUTIES OF OTHER HOUSE OFFICERS AND EMPLOYEES

3.1 - Chief Clerk

(a) The Chief Clerk shall have general charge and supervision, under the direction of the Speaker, over the legislative procedure of the House. Under the direction of the Speaker, the Chief Clerk shall be responsible for the official acts of the House staff in indexing the subject matter of bills and resolutions; preparation and publication of a daily Journal; preparation and publication of a daily and interim study Calendar; printing of bills and resolutions; and preparation, indexing and publication of a permanent Journal.

(b) The Chief Clerk shall have custody of and be responsible for the safekeeping of all bills and resolutions pending in the House at the final adjournment of the First Regular Session of the Legislature. Second Legislative Day, Monday, February 07, 2005 61

(c) All official papers, records, reports, testimony presented and other materials belonging to the House shall be entrusted to the care and custody of the Chief Clerk.

(d) Official copies of all bills and resolutions and other materials as designated by the Speaker shall not be removed from the office of the Chief Clerk for any purpose except upon order of the Speaker.

(e) Communications shall be prepared and signed by the Chief Clerk of the House under the direction of and in the name of the Speaker.

3.2 - Chief Sergeant At Arms

(a) It shall be the duty of the Chief Sergeant at Arms to attend the House during each day's session, to maintain order under the direction of the Presiding Officer, and to execute commands of the House.

(b) The Chief Sergeant at Arms shall have charge of the Chamber during the sessions, and see that the same is kept in order and at all times ready for use by the House.

(c) The Chief Sergeant at Arms shall, fifteen (15) minutes before the House is to convene, clear the Chamber, lounge, foyer and reception room of all unauthorized persons, as defined in Rule 5, and shall see that no unauthorized persons enter said areas while the House is in session.

3.3 – Parliamentarian

The Parliamentarian shall assist the Speaker in the making of parliamentary rulings. The Parliamentarian shall, at the direction of the Speaker, assist the Speaker in publishing a volume of substantive parliamentary rulings.

3.4 - Chaplain

A Chaplain shall attend the commencement of each day's session of the House, open the same with prayer and may be allotted five (5) minutes during the Thursday session for the purpose of delivering remarks to the House.

3.5 - Chief of Staff

(a) The Chief of Staff, under the direction of the Speaker, shall employ and manage qualified personnel to staff the House.

(b) The Chief of Staff shall issue or cause to be issued, under the direction of the Speaker, all warrants and vouchers and shall keep an accurate account of all House expenditures.

(c) The Chief of Staff shall promulgate a personnel handbook which shall govern the management of all staff divisions and personnel within the House.

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3.6 - Pages

The Speaker, or his or her designee, shall promulgate rules and guidelines for the Page program.

RULE FOUR

MEMBERS

4.1 – Member Defined

“Member”, as used in these Rules, means a member of the House of Representatives.

4.2 - Disclosure of Personal or Private Interest

A Member who has a personal or private interest in any bill or resolution, proposed or pending before the House, shall disclose that fact to the House, and shall not vote on that bill or resolution, as required by Article V, Section 24 of the Oklahoma Constitution.

4.3 – Absence of Members

No Member shall be absent from the session of the House without leave.

4.4 - Decorum

(a) No Member rising to debate, to give notice, to make a motion, or to present a paper of any kind shall proceed until the Member has addressed the Presiding Officer and has been recognized by the Presiding Officer as entitled to the floor.

(b) While a Member is speaking, no other Member shall enter into any private conversation or pass between the speaking Member and the Presiding Officer. The Presiding Officer may enforce the provisions of this subsection by naming the disruptive or disorderly Member after requesting order in the Chamber (3) three times.

(c) Profane, obscene or indecent language is prohibited in the House and in all standing or special committees and subcommittees of the House.

(d) When the House is in session all Members shall, while in the Chamber, be appropriately dressed, with men in jackets and ties and women in dresses or skirts or pants worn with a jacket or sweater and shall conduct themselves in a manner becoming a Member of the House of Representatives.

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(e) Any Member who, while under the influence of intoxicating liquor or drugs, appears in the Chamber or in any part of the Capitol Building assigned to the House, shall be in contempt of the House and subject to reprimand, suspension or expulsion.

(f) Possession of intoxicating liquor shall not be permitted at any time in the Chamber or in any part of the Capitol Building assigned to the House.

(g) Use of tobacco products, including smoking, dipping or sniffing snuff, shall not be permitted at any time in the Chamber, as governed by Section 11.6 of these Rules.

(h) No food, including canned or bottled beverages, shall be allowed at any time in the Chamber. Food may be consumed in the lounge and foyer at the west end of the Chamber.

RULE FIVE

PRIVILEGES OF THE FLOOR AND ANTEROOMS

5.1 - Floor Privileges

No persons shall be entitled to privileges of the floor when the House is in session, except Members of the House, Members of the Senate, former Members of the House except as otherwise provided in this rule, the Governor, employees of the House and Senate designated by the Speaker and messengers from the Governor's office, except upon formal invitation by the House. Children or grandchildren of Members who are too young to qualify as pages shall be admitted to the Chamber only for the purpose of introduction from the Member’s desk.

5.2 - Anterooms of the House Chamber

While the House is in session, no persons other than those entitled to privileges of the floor, members of the immediate families of House Members and House employees authorized by the Speaker shall be admitted to the lounge and foyer at the west end of the Chamber or into the reception room at the east end of the Chamber, except at the express invitation of a Member.

5.3 - Former Members

Except as authorized by the Speaker, no former Member of the House who is an officer or employee in the executive branch of state government or who is registered or required to be registered as a lobbyist under the Ethics Commission Act shall be entitled to privileges of the floor when the House is in session.

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RULE SIX

BILLS AND RESOLUTIONS

6.1 – Definition of the Term “Bill”

The term “bill,” as used in these Rules, shall mean proposed legislation which in order to become law must pass through the Legislature according to the procedures established by the Oklahoma Constitution, including consideration by the Governor. The term shall include proposed laws of a general nature and proposed special or local laws. The procedures of these Rules applicable to the introduction and passage of bills shall also apply to the introduction and passage of joint resolutions.

6.2 - Filing Deadlines

The filing deadlines for introduction of bills and joint resolutions shall be established in consultation between the House and Senate.

6.3 - Numbering

(a) Bills and joint resolutions introduced in the Second Regular Session of the Legislature shall be numbered consecutively with the last bill and joint resolution, respectively, introduced in the First Regular Session of the same Legislature.

(b) Simple and concurrent resolutions introduced in the Second Regular Session of a Legislature shall be numbered consecutively with the last simple and concurrent resolution, respectively, introduced in the First Regular Session of the same Legislature.

6.4 - Introduction

(a) All bills and resolutions shall be accompanied by the name or names of the Member or Members introducing the bill or resolution, shall have a title stating the subject matter contained therein and shall include the request number assigned to the bill or resolution by the staff of the House.

(b) Except as provided in paragraph (c) of this subsection, no Member of the House of Representatives shall be the principal author of more than eight (8) bills or joint resolutions during a session of the Legislature.

(c) The provisions of paragraph (b) of this subsection shall not apply to:

1. bills containing appropriation matters of which the principal author is the Chair of the Appropriations and Budget Committee of the House,

2. reapportionment bills,

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3. bills introduced for the purpose specified in Section 23.1 of Title 75 of the Oklahoma Statutes,

4. bills introduced for the purpose of disapproving or approving agency rules pursuant to the Administrative Procedures Act,

5. bills introduced for the purpose of implementing the Oklahoma Sunset Law,

6. bills that only repeal or delete, without substantive replacement, provisions of the Oklahoma Statutes,

7. bills initially introduced by the principal author in the Senate and for which the House Member is serving as principal author only at the request of the principal author in the Senate.

8. simple or concurrent resolutions, and

9. any other measure authorized by the Speaker.

6.5 - Co-authors

Co-authors of bills and resolutions added after introduction shall be indicated on a separate page to be attached to the bill or resolution.

6.6 - Principal Senate Author of a House Bill or Resolution

While a House bill, joint resolution or concurrent resolution is within the physical control of the House, the principal author of the bill or resolution shall have full and complete discretion in determining who the principal Senate author of the bill or resolution shall be. No bill or resolution lacking a principal Senate author shall be scheduled for floor consideration, except that the withdrawal of the principal Senate author, after the bill or resolution is scheduled for floor consideration, shall not preclude the House from considering the bill or resolution.

6.7 – Procedures Governing Simple and Concurrent Resolutions

(a) The following classes of simple and concurrent resolutions shall lie over one (1) legislative day after introduction, after which they may be called up for consideration under the appropriate Order of Business:

1. resolutions requesting information from any of the executive or judicial departments, from county and municipal officers or from corporate entities or persons;

2. resolutions giving rise to debate.

(b) The following classes of simple and concurrent resolutions may be taken up the same day they are introduced: 66 House Journal

1. resolutions relating to business immediately before the House,

2. resolutions relating to business of the day on which they may be offered, or

3. resolutions relating to adjournment or recess.

(c) A motion to adopt a simple or concurrent resolution shall be subject to amendment and debate. A motion to amend shall be in order immediately. Debate shall be limited to thirty (30) minutes, equally divided between the proponents and opponents of the resolution, provide that no Member speak for more than ten (10) minutes. Five (5) minutes of the time allocated to the proponents of the resolution shall be reserved to the principal author, and the principal author shall have the right to close the debate.

(d) Co-authors of simple or concurrent resolutions added after introduction shall be indicated on a separate page to be attached to the simple or concurrent resolution.

(e) Any simple or concurrent resolution may be referred by the Speaker to an appropriate committee.

6.8 - Final Action

(a) The following action shall constitute final action on any bill or resolution:

1. committee recommendation of "Do Not Pass",

2. if a motion to reconsider the vote on Third Reading or Fourth Reading fails to prevail,

3. if a motion to table the motion to reconsider prevails, or

4. if a vote is taken on Third Reading or Fourth Reading and no notice is served to reconsider the vote.

(b) If final action is such as to defeat a bill or resolution, no other bill or resolution having the same effect and covering the same specific subject matter shall be considered by the House during either session of the current Legislature.

6.9 - Carry-over Bills and Joint Resolutions

Any bill or joint resolution pending in the House at the sine die adjournment of the First Regular Session of a Legislature shall carry over to the Second Regular Session with the same status as if there had been no adjournment; provided, however, that this Rule shall not apply to bills and joint resolutions pending in a conference committee at the time of sine die adjournment.

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RULE SEVEN

COMMITTEES

7.1 - Standing Committees and Subcommittees

(a) The Standing committees and subcommittees of the House are:

(1) Aerospace and Technology

(2) Agriculture and Rural Development

(3) Appropriations and Budget

Appropriations and Budget Subcommittees:

-Education -General Government and Transportation -Health and Social Services -Human Services -Natural Resources and Regulatory Services -Public Safety and Judiciary -Select Agencies

(4) Banking and Finance

(5) Business and Economic Development

(6) Career and Technology Education

(7) Commerce, Industry and Labor

(8) Common Education

(9) Corrections and Criminal Justice

(10) County and Municipal Government

(11) Energy and Utility Regulation

(12) Environment and Natural Resources

(13) Government Reform, Agency Oversight and Administrative Rules

(14) Health and Human Services

(15) Higher Education

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(16) Insurance

(17) Judiciary

(18) Public Safety and Homeland Security

(19) Retirement Laws

(20) Revenue and Taxation

(21) Rules

(22) Tourism and Recreation

(23) Transportation

(24) Veterans and Military Affairs

(25) Wildlife

7.2 - Open Meetings

All meetings of all committees and subcommittees shall be open to the public, subject to the authority of the Chair to maintain order and decorum. A Chair, with the approval of the Speaker, may close a committee or subcommittee meeting or portion thereof, and the record of such meeting may not disclose the identity of the witness appearing before the committee or subcommittee, if necessary to preserve physical security, including the protection of a witness.

7.3 - Notice of Meetings

(a) All committees and subcommittees shall provide, in a manner reasonably calculated to give actual notice to interested persons, at least forty-eight (48) hours notice of a meeting. At a minimum, notice of the meeting shall be posted both outside the House chamber and at any other suitable place, including the House website. In case of emergency, with the approval of the Speaker, a meeting may be held with notice appropriate to the circumstances. The Speaker shall announce and describe the emergency.

(b) A notice shall state the date, time and place of a meeting and shall include a listing and sufficient title for identification of any and all bills to be considered by the committee or subcommittee holding the meeting. The bill author and the members of the committee or subcommittee shall be provided separate notice.

(c) If a committee or subcommittee is scheduled for a regular meeting, but does not plan to meet, a notice stating that no meeting is to be held shall be posted.

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7.4 - Timing of Committee and Subcommittee Meetings

(a) Committees and subcommittees shall meet at the call of the committee Chair within the dates, times and locations designated by the Speaker.

(b) No committee or subcommittee shall sit during a floor session of the House without special leave from the Speaker.

7.5 - Authority of the Chair

(a) The committee or subcommittee Chair shall sign all notices, vouchers or reports required or permitted by these Rules. The committee Chair shall sign all subpoenas as provided in Section 7.14. Except as otherwise provided in these Rules, the Chair has all authority necessary to ensure an efficient operation of the committee or subcommittee, including, but not limited to, presiding over the committee or subcommittee, establishing the agenda for the committee or subcommittee, recognition of members or presenters, deciding all questions of order in committee or subcommittee and determining the order in which matters are considered in committee or subcommittee. The committee shall be governed by the House Rules applicable to committee proceedings.

(b) The Chair shall exercise all authority necessary to maintain order and decorum, including the authority to require all persons attending a committee or subcommittee meeting to silence all telephones, audible beepers and other audible electronic equipment and to request the Sergeant at Arms to clear the committee room of a person or persons causing disruption.

(c) In case of a Chair’s absence, the Vice-Chair shall assume all duties of the Chair until the Chair’s return or replacement.

7.6 - Procedure

(a) When considering legislation or conducting other business, committees shall observe the following procedures:

1. The Chair shall arrange for the taking of recorded minutes, including the recording of which members were in attendance.

2. No person shall address the committee unless first recognized by the Chair for that purpose.

3. A committee may only take up bills or resolutions for consideration if a quorum of the committee is present. A quorum is a majority of the members of the committee, excluding the ex officio members of the committee, but the ex officio members may count toward the presence of a quorum.

4. If and when a bill or resolution is taken up for consideration, the House author shall be recognized for explanation of the bill or resolution if he or she so desires. 70 House Journal

5. The House author shall be given the opportunity to answer questions put by members of the committee or other persons recognized by the Chair.

6. The Chair shall provide opportunity for presentation of amendments to the bill or resolution by the House author, any member of the committee, or any other Member of the House, as governed by Section 7.7 of this Rule. Any amendment must be seconded to receive further consideration.

7. Amendments shall be considered in the order they appear in the bill or resolution, or in the order they are presented to the committee. The Chair shall resolve any conflict resulting from claimed priority of presentation.

8. The author of an amendment shall explain the amendment and be afforded the opportunity to answer questions about the amendment put by members of the committee, the author of the bill or resolution or other persons recognized by the Chair.

9. The Chair may recognize any person for comment on the proposed legislation or amendments thereto. The Chair may limit the amount of time for any such comment.

(b) Except for legislation containing appropriations, all legislation originating in the House which is recommended by a committee to the full House shall contain a complete Title and an Enacting or Resolving Clause.

(c) The Chair may assign to an appropriate subcommittee any legislation, proposal or inquiry; provided, however, no subcommittee shall be permitted to report directly to the House, but rather shall report to the parent committee.

7.7 - Amendments

(a) Committees and subcommittees may only consider amendments presented in final written form prior to adoption.

(b) Any Member of the House may offer an amendment to any bill or resolution being considered by any committee or subcommittee and shall be recognized to introduce the amendment. If not a member of the committee or subcommittee, a Member who offers an amendment must comply with the amendment filing deadline of this Rule and be present at the meeting at which the amendment is considered. If the Member is not present, the amendment may only be considered if taken up and offered by a member of the committee or subcommittee.

(c) Any Member offering an amendment, including a member of the committee or subcommittee, must submit the proposed amendment in writing to the Chair by 4:30 p.m. the legislative day before the meeting of the committee or subcommittee. This rule may be suspended for amendments submitted by Members who are not members of the committee or subcommittee by a vote of two-thirds (2/3) of a quorum of the committee or subcommittee. The Chair may, at his or her discretion, Second Legislative Day, Monday, February 07, 2005 71

waive or set a later deadline than contained in this rule for amendments submitted by members of the committee or subcommittee.

(d) Amendments to any bill or resolution under consideration by a committee or subcommittee shall be germane to the subject of the original bill or resolution and as approved by any committee shall be incorporated into the printed bill or resolution the same as if included in the original bill or resolution.

7.8 - Voting

(a) All votes in committees or subcommittees shall be conducted in open public meetings of that committee, except that two-thirds (2/3) of the members of any standing or special committee, including ex officio members, may report a bill or resolution out of committee by signing a written report. If a written report is prepared by a member other than the Chair of the committee, a written notice that a report is being prepared shall be given to the Chair prior to the circulation of the report for signatures

(b) The vote on a recommendation for final passage out of committee to the House of Representatives concerning a bill or resolution shall be by a recorded vote and, shall require a majority vote of a quorum of the members of the committee. As used in this section, "recommendation for final passage out of committee" means a "do pass", "do pass as amended" or a "do not pass" motion. A "do pass" motion takes precedence over any other motions for final passage.

(c) Only those members present may vote on any matter, except that the Speaker may designate another member of the House to cast his or her vote.

(d) Absent members may include in the recorded minutes how they would have voted if present during a recorded vote, but this shall not be counted in a roll call vote.

7.9 - Committee Recommendations

(a) "Do Pass." When any committee returns a bill or resolution with the recommendation of "Do Pass," the same shall be printed and placed on the Calendar in numerical order by bill or resolution number under the heading, "Bills on General Order," "Joint Resolutions on General Order," "Bills on Consent Calendar" or "Joint Resolutions on Consent Calendar," as the case may be.

(b) "Do Not Pass." When any committee returns a bill or resolution with the recommendation of "Do Not Pass," this shall constitute final action.

(c) If a committee does not return a bill or resolution with the recommendation of either “Do Pass” or “Do Not Pass,” the bill or resolution remains the property of the committee, unless the bill or resolution is placed directly on the Calendar by the Speaker or is discharged pursuant to Section 7.13.

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7.10 - Public Hearing Notice

(a) Upon written request for a hearing and recommendation vote on a bill or resolution signed by a majority of the members of the committee, including the ex officio members, to which the bill or resolution was assigned including the principal author of the bill or resolution, if the principal author is a member of the committee, or a majority of the members of the committee, including the ex officio members, to which the bill or resolution was assigned and the principal author, if the principal author is not a member of the committee, such request shall be granted.

(b) The written request for a hearing and recommendation vote shall be submitted to the Chief Clerk of the House. The Chief Clerk shall determine if the written request contains the necessary signatures as required by this section. If the written request contains the necessary signatures, the Chief Clerk shall forward the written request to the appropriate committee Chair who shall set the date and time of the hearing.

(c) The notice of the date and time of such hearing shall be publicly announced by the Chair. Such time and date shall not be less than three (3) legislative days from the date such request was received by the Chair, unless such time and date would prohibit consideration of the bill or resolution in accordance with Section 7.11 of this Rule.

7.11 - Consideration of House Bills and Joint Resolutions

(a) Upon written request signed by a majority of the members of the committee, including the ex officio members, to which the bill or joint resolution was assigned including the principal author of the bill or joint resolution, if the principal author is a member of the committee, or a majority of the members of the committee, including the ex officio members, to which the bill or joint resolution was assigned and the principal author, if the principal author is not a member of the committee, the principal author of any House bill or joint resolution introduced on or prior to the filing deadline of the First Regular Session shall be entitled to have such bill or joint resolution considered by a vote of the committee at least four legislative days prior to the final date for Third Reading in the First Regular Session.

(b) Upon written request signed by a majority of the members of the committee, including the ex officio members, to which the bill or joint resolution was assigned including the principal author of the bill or joint resolution, if the principal author is a member of the committee, or a majority of the members of the committee, including the ex officio members, to which the bill or joint resolution was assigned and the principal author, if the principal author is not a member of the committee, the principal author of any House bill or joint resolution introduced after the filing deadline of the First Regular Session and on or prior to the filing deadline of the Second Regular Session, shall be entitled to have such bill or joint resolution considered by a vote of the committee to which it is assigned at least four legislative days prior to the final date for Third Reading of the Second Regular Session.

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(c) The written requests provided for by this section shall be submitted to the Chief Clerk of the House. The Chief Clerk shall determine if the written request contains the necessary signatures. If the written request contains the necessary signatures, the Chief Clerk shall forward the written request to the appropriate committee chair.

7.12 - Fiscal and Actuarial Analysis

(a) All bills and resolutions whose adoption will have a fiscal impact, including the affecting of revenues, expenditures or fiscal liability shall not be scheduled for floor consideration unless accompanied by a fiscal analysis. Fiscal analyses shall state in dollars the estimated increase or decrease in revenues or expenditures and the present and future fiscal implications of the bill. The fiscal analysis shall not express comment or opinion relative to the merits of the legislation proposed, but should point out technical or mechanical defects.

(b) All bills affecting any retirement system authorized by law shall be accompanied by an estimate of the cost and actuarial analysis of the measure upon being reported favorably by any standing committee. The estimate and actuarial analysis shall be prepared by the actuary of the Legislative Service Bureau.

(c) If any bill of the type delineated in paragraphs (a) and (b) of this subsection is scheduled for floor consideration without a fiscal or actuarial analysis having been prepared, it shall be the right of any Member to raise a point of order on the Floor and the Speaker may, in the Speaker’s discretion, order return of the bill to the appropriate committee. The accuracy of a fiscal or actuarial analysis shall not be a basis for a point of order under these Rules.

7.13 – Discharge from Committee

(a) Any bill or resolution may be discharged from any standing committee of the House upon a written request signed by two-thirds (2/3) of the Members of the House.

(b) The written request for discharge of a bill or resolution shall be submitted to the Chief Clerk of the House. The Chief Clerk shall determine if the written request contains the necessary signatures as required by this section. If the written request contains the necessary signatures, the Chief Clerk shall forward the written request to the Speaker who shall place the bill or resolution on the appropriate Calendar. The Chief Clerk shall publish the signatures on the House website.

7.14 - Oversight Powers and Responsibilities of Committees and Subcommittees

(a) Committees and subcommittees are authorized:

1. To maintain a continuous review of the work of the state agencies concerned with their subject areas and the performance of the functions of government within each subject area;

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2. to invite public officials, public employees and private individuals to appear before the committees or subcommittees to submit information;

3. to request reports from departments and agencies performing functions reasonably related to the committees’ jurisdictions;

4. to complete the interim projects assigned by the Speaker; and

5. to conduct such other business as directed by the Speaker.

(b) Each committee or subcommittee has the reasonable right and authority to inspect and investigate the books, records, papers, documents, data, operation and physical plant of any public agency in this state.

(c) In order to carry out the duties of the committee and its subcommittees, the Chair of each committee with approval of the Speaker may issue subpoenas duces tecum and other necessary process to compel the attendance of witnesses either before the committee or subcommittee or at deposition and the production of any books, letters or other documentary evidence required by such committee. The Chair, Vice- Chair, or a member designated by the Chair or Vice-Chair may administer all oaths and affirmations to witnesses who appear before such committees to testify in any matter requiring evidence.

7.15 - Conference Committees

(a) The House chairs, vice-chairs and members of a conference committee shall be appointed by the Speaker. Once appointed, the Chair of the committee shall determine its procedures, subject to the provisions of this Section.

(b) Signatures on conference committee reports may only be solicited by and given to members of the committee, the author or co-author of the bill or resolution, or House staff members.

7.16 - Conference Committee Reports

(a) A conference committee report shall be considered by the House only when a majority of both the House and Senate members of the committee have signed the report. The House shall consider the report only if it is limited to matters germane to the bill or resolution.

(b) Motions to adopt or reject a conference committee report shall be set on a separate conference committee calendar. A motion to adopt or reject a conference committee report shall be subject to debate. Such debate shall be limited to one (1) hour, equally divided between the proponents and the opponents of the motion, provided that no Member may speak for more than ten (10) minutes.

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(c) Prior to consideration, a conference committee report shall lie over thirty-six (36) hours after it is filed. No conference committee report shall be considered for adoption or rejection if Members of the House have not been provided a printed or electronically transmitted copy of the report twenty-four (24) hours before the consideration of the report. The report must be accompanied by a separate summary of the changes made to the bill or resolution sent to conference. This subsection shall not apply on the last two (2) days of any legislative session once the date of the sine die adjournment has been set.

7.17 – Publication of Records

All records required by the provisions of this Rule shall be made available on the House website at least for the duration of the Session.

RULE EIGHT

ORDER OF BUSINESS AND LEGISLATIVE PROCESS CHAPTER A. ORDER OF BUSINESS

8.1 - Daily Order of Business

(a) The following Order of Business shall be followed each day:

1. Roll Call.

2. Prayer.

3. Correction of the Previous Day's Journal. (The Journal shall be printed and any error appearing therein shall be corrected.)

4. Petitions and Memorials.

5. Executive Messages or Communications.

6. Reports of Special Committees.

7. Reports of Standing Committees.

8. Reports of Conference Committees.

9. Reports of Engrossed and Enrolled Bills.

10. Introduction of Bills and Joint Resolutions.

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11. Senate Bills and Joint Resolutions on First Reading.

12. House and Senate Bills and Joint Resolutions on Second Reading.

13. Consideration of Simple and Concurrent Resolutions.

14. Messages from the Senate and Senate Amendments to House Bills.

15. House and Senate Bills and Joint Resolutions on General Order.

16. House and Senate Bills and Joint Resolutions on Third Reading.

17. Consideration of Conference Committee Reports.

18. House and Senate Bills and Joint Resolutions on Fourth Reading.

19. Motions and Notices.

20. Unfinished business.

(b) On each Monday, the Roll Call shall be followed by the Pledge of Allegiance. The Order of Business shall then proceed as defined by Section 8(1)(a).

8.2 - “Reading” Defined

“Reading” means the stage of consideration of a bill or joint resolution after reading or publishing of a portion of the title sufficient for identification, as determined by the Speaker.

8.3 - Reading of Bills and Joint Resolutions

Each bill and each joint resolution shall receive three (3) readings on three (3) separate days. The publication of a bill or joint resolution by its title and bill number in the House Journal shall satisfy the requirements of First Reading.

8.4 - First and Second Reading

(a) After the First Reading of a bill or joint resolution the bill or joint resolution shall be placed on the Calendar under "Bills on Second Reading” or "Joint Resolutions on Second Reading," as the case may be.

(b) On the Second Reading of a bill, the bill shall be read by Title only, unless otherwise ordered by the House, and shall be referred by the Speaker to an appropriate committee or directly to the Calendar under the heading "Bills on General Order, ""Joint Resolutions on General Order," “Bills on Consent Calendar,” or “Joint Resolutions on Consent Calendar,” as the case may be.

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(c) No bill or joint resolution on First or Second Reading shall be subject to amendment or debate.

CHAPTER B. BILLS AND JOINT RESOLUTIONS ON GENERAL ORDER

8.5 - Reading and Explanation

(a) A bill or joint resolution on General Order shall first be read by title, or read and considered by sections, unless otherwise ordered.

(b) The Member presenting a bill or joint resolution shall be allowed a reasonable length of time in which to explain same, but said explanations shall not include a discussion of the merits of the proposition.

(c) No Bill or Joint Resolution on General Order shall be read, explained or considered until all opportunities provided by this Rule for filing proposed amendments shall be afforded the House.

8.6 - Amendments

(a) All House and Senate bills and joint resolutions on General Order shall be subject to amendment as provided in this Rule.

(b) The body of a bill or joint resolution shall not be defaced or interlined, but all proposed amendments, noting the page and line, shall be submitted on a separate piece of paper to the House staff for preparation and shall be filed with the Office of the Chief Clerk.

8.7 – Four day Amendment Cycle

(a) A bill referred directly to the Calendar or reported favorably by the committee of reference by 4:30 p.m. shall be placed on General Order by 12:00 p.m. the next legislative day, and a list of those bills placed on General Order shall be published electronically at that time or as soon thereafter as practicable.

(b) A main floor amendment must be filed by 4:30 p.m. of the second legislative day following the day the bill is placed on General Order. A main floor amendment may be withdrawn by its author any time before the deadline expires to file main floor amendments. The author may withdraw a main floor amendment after the deadline to file main floor amendments unless an amendment to the author’s main floor amendment is filed before the expiration of the deadline to file amendments to main floor amendments.

(c) An amendment to a floor amendment must be filed by 4:30 p.m. on the third legislative day after the bill is placed on General Order.

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(d) For the purpose of this Rule, an amendment shall be considered timely filed if the principal author of the amendment has provided the amendment in completed form to the Chief Clerk’s office.

8.8 - Consideration and Presentation

(a) No amendment to any bill or joint resolution on General Order may be scheduled for floor consideration until at least the fourth legislative day after the bill is placed on General Order.

(b) Amendments shall be taken up only as sponsors gain recognition from the Speaker to move their adoption.

(c) A timely filed amendment to a pending main floor amendment may be received, but until it is disposed of no other motion to amend will be in order except an amendment to that amendment. Amendments to main floor amendments are voted on before the main floor amendments are taken up. Only one amendment to the amendment is in order at a time.

(d) The adoption of an amendment to a section shall not preclude further amendment of that section. If a bill is being considered section by section or item by item, only amendments to the section or item under consideration shall be in order.

(e) For the purpose of this Rule, an amendment shall be deemed pending only after its author has been recognized by the Speaker and has moved its adoption.

8.9 - Bills Subject to Special Rule

(a) The Committee on Rules, with the approval of the Speaker, may by majority vote recommend that any bill be subject to a Special Rule created by the Committee. The Committee shall submit the recommendation to the House for its approval.

(b) A Special Rule may limit or prohibit the offering of amendments, may prescribe the time and conditions of debate, may govern floor consideration on third or fourth reading of the bill, or may contain any other provisions deemed appropriate.

8.10 - Amendment of General Appropriations Bill

Whenever an amendment is offered to a General Appropriations Bill that would increase any line item of such bill, such amendment shall show the amount by line item of the increase and shall decrease a line item or items within the same bill in an amount or amounts equivalent to or greater than the increase required by the amendment.

8.11 - Fiscal and Actuarial Analysis of Amendments

(a) All amendments to bills or joint resolutions whose adoption will have a fiscal impact, including the affecting of revenues, expenditures or fiscal liability, shall be Second Legislative Day, Monday, February 07, 2005 79

accompanied by a written fiscal analysis upon being filed with the Chief Clerk’s Office. Fiscal analyses shall state in dollars the estimated increase or decrease in revenues or expenditures and the present and future fiscal implications of passage of the amended bill. The fiscal analysis shall not express comment or opinion relative to the merits of the amendment proposed, but should point out technical or mechanical defects.

(b) All amendments to bills or joint resolutions affecting any retirement system authorized by law shall be accompanied by an estimate and actuarial analysis of the present and future fiscal implications of passage of the amended bill The estimate and actuarial analysis shall be prepared by the actuary of the Legislative Service Bureau.

8.12 - Germaneness of House or Senate Amendments

(a) The House shall not consider any proposed amendment not germane to the subject of the original bill or resolution. It shall be the duty of the Presiding Officer to enforce this Rule, regardless of whether or not a point of order is raised by a Member.

(b) An amendment of an amendment must be germane to both the main amendment and the measure which it purports to amend.

8.13 - Amendments Out of Order

An amendment is out of order if it is the principal substance of a bill or resolution that has received an unfavorable committee report, has been withdrawn from further consideration by the principal author or has not been reported favorably by the committee of reference in either session of the current Legislature and may not be offered to a bill or resolution on the Calendar and under consideration by the House. Any amendment that is substantially the same, and identical as to specific intent and purpose, as the bill or resolution residing in the committee of reference is covered by this Rule, unless the bill or resolution under amendment is substantially the same as the bill or resolution residing in the committee of reference.

8.14 - Reconsideration

A motion to reconsider any vote on the adoption or rejection of an amendment, or the adoption or rejection of a section of any bill or joint resolution, may be made by any Member prior to the advancement of such measure from General Order, which motion shall be subject to debate. The motion to reconsider may be laid on the table without affecting the question in reference to which the motion is made thereby resulting in a final disposition of the motion.

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8.15 - Motion to Commit

A motion may be made during the reading or consideration of any bill or joint resolution on General Order to commit the bill to a standing or special committee, with or without instructions.

8.16 - Motion to Advance from General Order

A motion to advance a bill or joint resolution from General Order shall be in order on the third legislative day following the day the bill is placed on General Order if no main floor amendment is filed as provided in Section 8.7(b) of this Rule. If a timely amendment has been filed, a motion to advance a bill or joint resolution from General Order shall not be in order until the fourth legislative day after the day the bill is placed on General Order. On the fourth legislative day the motion to advance may be put without regard to whether or not there are any proposed or pending amendments on the Clerk's desk. After a measure has been so advanced it shall not be subject to amendment, except by a two-thirds (2/3) vote of Members elected to and constituting the House.

8.17 - Engrossment

(a) A House bill or joint resolution, when advanced from General Order, together with the amendments thereto, shall be delivered to the Office of Engrossing and Enrolling for engrossment. Thereafter, the engrossed House bill or joint resolution, together with the original measure and amendments thereto, shall be returned by said Office to the House, and the measure shall immediately be placed on the Calendar under the heading "Bills on Third Reading," or "Joint Resolutions on Third Reading," as the case may be. If passed on Third Reading, the engrossed House bill or joint resolution shall be signed by the Presiding Officer and transmitted to the Senate and the original measure and amendments thereto, shall be delivered to the Chief Clerk of the House for safekeeping.

(b) A Senate bill or joint resolution, when advanced from General Order, together with all House amendments thereto, shall be delivered to the Office of Engrossing and Enrolling for engrossment of the House amendments. Thereafter, the engrossed House amendments, together with the engrossed Senate bill or joint resolution and the original of the House amendments thereto, shall be returned to the House and the measure shall immediately be placed on the Calendar under the heading "Bills on Third Reading," or "Joint Resolutions on Third Reading," as the case may be.

(c) If there are no House amendments adopted, either in committee or on General Order, the procedure set forth herein shall be eliminated and the engrossed Senate bill or joint resolution, when advanced from General Order, shall immediately be placed on the Calendar under the heading "Bills on Third Reading," or "Joint Resolutions on Third Reading," as the case may be. If passed on Third Reading, the engrossed Senate bill or joint resolution, and the engrossed House amendments, if any, duly signed by the Presiding Officer, shall be transmitted to the Senate, and the original of Second Legislative Day, Monday, February 07, 2005 81

the House amendments, if any, shall be delivered to the Chief Clerk of the House for safekeeping.

(d) The Office of Engrossing and Enrolling is authorized to correct misspelled words, citations, doublets or repeated words when engrossing House bills or joint resolutions, or House amendments to engrossed Senate bills or joint resolutions.

(e) When engrossing or enrolling House bills or joint resolutions, or House amendments to engrossed Senate bills or joint resolutions and when preparing committee reports and floor versions of House bills or joint resolutions, the House staff is authorized to remove sections from a bill or joint resolution labeled as amendatory but which consist entirely of existing law and contain no amendments to the existing law.

(f) When engrossing or enrolling House bills or joint resolutions, or House amendments to engrossed Senate bills or joint resolutions and when preparing committee reports and floor versions of House bills or joint resolutions, the House staff is authorized to incorporate amendments to sections of law in the bill or joint resolution which are contained in legislation enacted previously during the same legislative session and amending the same sections of law and repeal such previous versions of the section at issue, if in the opinion of the House legal staff, the incorporation of such amendments and repeal of the previous version would clearly not conflict with the amendments contained in the legislation at issue.

CHAPTER C. BILLS AND JOINT RESOLUTIONS ON THIRD READING OR FOURTH READING

8.18 - Consideration and Debate

On Third Reading or Fourth Reading of a bill or joint resolution the question shall be put in the following manner: "The Question is, shall the Bill or Joint Resolution Pass?" Such question shall be decided by recorded vote after the announcement of the question by the Presiding Officer. Before the vote is ordered, such question shall be subject to debate. Debate shall be limited to one (1) hour, equally divided between the proponents and opponents of the question, provided that no Member may speak for more than ten (10) minutes. Five (5) minutes of the time allocated to the proponents of the bill or joint resolution shall be reserved to the principal author, and the principal author shall have the right to close the debate.

8.19 - Amendments

No bill or joint resolution on Third or Fourth Reading shall be subject to amendment.

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8.20 - Consideration of Emergency Section

When any bill or joint resolution is being considered on Third Reading or Fourth Reading, and such a bill or joint resolution contains an emergency section, the emergency section shall constitute a separate question, and shall be subject to debate.

8.21 - Consent Calendar

(a) There shall be a Consent Calendar on which shall be entered such bills and resolutions as the committees shall designate on the committee report or which the Speaker shall place on a Consent Calendar. Measures placed on the Consent Calendar shall not be considered by the House of Representatives for four (4) legislative days, including the day that the measure is placed on the Consent Calendar. The measure shall then be scheduled for final consideration on the fifth legislative day.

(b) Upon the request of any member in open session during the four (4) legislative days, a bill or resolution shall be removed from the Consent Calendar and placed on General Order. Such request shall be recorded in the House Journal.

(c) All bills and resolutions from the Consent Calendar shall be considered for final action as provided by House Rules, except that there shall be no debate or amendments offered.

RULE NINE

CHAMBER PROTOCOL

9.1 - Enforcement of Rules

The Presiding Officer shall enforce, apply and interpret the Rules of the House in all deliberations.

9.2 - Questions of Order and Decorum

(a) While in the Chamber, the Presiding Officer shall preserve order and decorum, shall prevent personal reflections or the impugning of the motive of any Member, and shall confine Members in debate to the question under discussion.

(b) When two (2) or more Members seek recognition at the same time, the Presiding Officer shall name the one entitled to the floor. The Presiding Officer shall not recognize any Member who has risen or remains standing while another Member is speaking. No Member shall be entitled to be recognized to speak unless the member seeks recognition from the Member's own desk.

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(c) On all questions relative to the transgression of these Rules, the Presiding Officer shall call the Members to order. In such case the Member so called to order shall sit down and shall not rise except to explain said Member's actions or to proceed in order.

(d) Any Member may rise to a point of order against any other Member when, in the Member's opinion, such Member is proceeding out of order. Such point of order shall be decided by the Presiding Officer without debate.

(e) Any decision by the Speaker on a point of order is subject to an appeal to the House made in a timely manner by any Member should the Member or the House be aggrieved by such decision. Such appeal must be seconded by a minimum of fifteen (15) members. Members desiring to second an appeal shall so signify by rising.

(f) The question of an appeal shall be put in the following form: "The question is, shall the decision of the Presiding Officer be the decision of the House? All those in favor signify by voting 'Aye;' those opposed 'Nay.' The vote is now in progress."

(g) All appeals shall be decided by a recorded vote and without debate, except that the Member taking said appeal shall have five (5) minutes within which to state the reasons for the Member's appeal and the Chair may state the reasons for the Chair's decision.

(h) When a point of order is called, no Member shall approach the Presiding Officer or the Parliamentarian until after the Presiding Officer has ruled. If requested by the Presiding Officer, the Majority Floor Leader may confer with the Presiding Officer regarding matters not pertaining to the point of order.

9.3 - Procedure

(a) When the ayes and nays are ordered, the Presiding Officer shall put the question in the following form: "All those in favor signify by voting 'Aye;' those opposed 'Nay.' The vote is now in progress."

(b) The House shall not consider in either session of the current Legislature, any bill or resolution, whether the same shall have originated in the House or in the Senate, if said bill or resolution has been amended by the insertion of matter not germane to the purpose of the original bill or resolution. It shall be the duty of the Presiding Officer to enforce this Rule, regardless of whether or not a point of order is raised by a Member.

9.4 - Debate

(a) Except as otherwise specifically provided in these Rules, when a debatable question is before the House, such debate shall be limited to fifteen (15) minutes, equally divided between the proponents and opponents of the question. Under no circumstances shall a Member debate twice on the same question, nor shall any Member speak longer than ten (10) minutes on the same question. 84 House Journal

(b) When a debatable question is before the House, any Member may move that the time for debate on such question be extended. For adoption, such motion need only receive a majority of those voting, a quorum being present.

(c) No Member debating any question shall be interrupted by questions until said Member has finished the Member's remarks, and all time taken in asking and answering questions shall be deducted from the time allotted to said Member.

9.5 - Privileges

(a) Questions and motions of privilege shall be: First, those affecting the rights of the House collectively, its safety, dignity and the integrity of its proceedings; Second, the right, reputation and conduct of its Members individually in their representative capacity only, and shall have precedence over all other questions, except motions to adjourn.

(b) No Member who obtains the floor on a question of personal privilege, or on a question of privileges of the House, shall debate any question, matter, or measure then pending in the House, or in any standing or special committee of the House, nor shall the Member be allowed to yield the floor for questions from other members.

9.6 -Voting and Division

(a) The electronic voting machine shall be used to record the vote whenever the ayes and nays are required or ordered. The machine shall also be used to determine the presence of a quorum, or to determine the numerical count where a division is requested. In the event the machine is not operating properly, all votes and determinations of quorums may be taken by calling the roll. If a Member's voting device is out of order, the Member shall rise and so announce to the Presiding Officer and cast said Member's vote orally prior to the declaration of the result of the vote. Every Member shall vote providing the Member is in the Chamber at the time the vote is in progress.

(b) The electronic voting machine shall be under the control of the Presiding Officer and shall be operated by such Clerk as the Presiding Officer so designates. At a reasonable time prior to any vote being taken, the Presiding Officer shall announce that a vote is about to be taken. When any Member other than the Speaker is presiding, the Member shall direct another Member to activate the roll call switch at said Member's desk in the manner requested by that Member. When the Speaker is not presiding, the Speaker may direct another Member to activate the Speaker's roll call switch in the manner requested by the Speaker. Any Member who is present in the Chamber or is within the view of the Presiding Officer while a vote is in progress may direct another Member to activate said Member's roll call switch in the manner requested by that Member.

(c) Each recorded vote for final passage will be held open for at least two (2) minutes or a shorter time if the Presiding Officer determines that all Members recorded as being present have voted. Second Legislative Day, Monday, February 07, 2005 85

(d) When sufficient time has elapsed for each member to vote, the Presiding Officer shall ask if any Members present desire to vote or change their vote. Following such inquiry and before the electronic voting machine is locked, any Member may be excused from voting, pursuant to the provisions of Article V, Section 24, of the Oklahoma Constitution.

(e) The Presiding Officer shall then lock the machine and instruct the Clerk to record the vote. The Clerk shall immediately activate the recording equipment and when the vote is completely recorded, shall advise the Presiding Officer of the result, and the Presiding Officer shall announce the result to the House. No vote may be changed after it has been recorded.

(f) No Member may vote for another member, nor may any person cast a vote for a Member, except as otherwise provided in this rule. A Member who votes for another Member, except as herein provided, may be punished in a manner the House determines. A person voting for a Member, when not authorized by this Rule, shall be barred from the Chamber and may be further punished as the House considers proper.

(g) When a division is requested and ordered, those in the affirmative or the negative, as the case may be, shall cast their votes accordingly and the Clerk shall activate the electronic voting machine so as to reflect the individual ayes and nays and the numerical count, but no permanent record thereof shall be made. When the vote is completed, the Clerk shall advise the Presiding Officer of the result, and the Presiding Officer shall announce the result to the House. In the event the machine is not operating properly, those in the affirmative shall arise from their seats and stand until they are counted aloud by the Clerk, then those voting in the negative shall arise and stand until they are counted, and the Presiding Officer shall announce the result.

(h) All votes on final passage of bills and resolutions, or the Emergency Section thereof, shall be by recorded votes. Two of the Members present, a quorum being present, may demand a recorded vote on any proposition, or the Presiding Officer may order a recorded vote upon the Presiding Officer's own initiative. All such recorded votes shall be printed in the House Journal.

(i) After the question has been put, but before the vote commences, any Member may call for a statement of the question.

9.7 - Conduct During Voting

(a) While a vote is in progress and until the completion of a vote, and the announcement of the result, no Member shall be recognized and no other business shall be transacted.

(b) No explanation of any vote shall be permitted while a vote is in progress or after a vote has been cast, except pursuant to Article V, Section 24, of the Oklahoma Constitution.

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(c) No Member, House employee or other person shall visit or remain by the Reading Clerk or his or her assistant while a vote is in progress.

9.8 - Previous Question

When a debatable question is before the House, any Member may move the Previous Question. It shall be put in the following form: "The Previous Question has been moved. The Question is, shall the main Question now be put?" If the motion for the Previous Question passes, the main question shall be put immediately and no Member shall be heard to debate it further or seek to amend it.

9.9 – Motion to Advance Question

When a debatable question is before the House, any Member may move to Advance the Question. If the motion to Advance the Question passes, no further amendments to the matter considered shall be allowed and debate shall be limited to fifteen (15) minutes, equally divided between the proponents and opponents of the question, provided that no Member may speak for more than five (5) minutes. After debate is concluded, the question shall be put immediately.

9.10 - Reconsideration

(a) The final vote on Third Reading or Fourth Reading on any bill or joint resolution, or on the Emergency Section thereof, or the final vote on adoption of a simple or concurrent resolution, may be reconsidered only if a Member serves notice immediately after such final vote is taken, prior to the consideration of any other business, of said Member's intention to present a motion to reconsider such action, and the Presiding Officer shall afford any Member such opportunity prior to proceeding to consideration of any other business. The motion to reconsider a final vote shall not be presented or considered on the same day that such final vote was taken, except by suspension of this Section, or as provided in subsection (d) or (e) of this Section. Only one (1) reconsideration of the final vote on a bill, resolution or Emergency Section shall be allowed.

(b) For adoption, a motion to reconsider the final vote on a bill, resolution, or Emergency Section must receive a majority of those elected to and constituting the House; provided, however, if such motion to reconsider is not presented and considered within three (3) legislative days after the day on which notice is served, the motion to reconsider shall be considered as having failed of adoption.

(c) Except for the last day of the reconsideration period, the motion to reconsider may be presented only by the Member who served notice, or by another Member with said Member's consent. On the last day of the reconsideration period, any Member may present such motion for consideration.

(d) During the last three (3) days of consideration of bills or joint resolutions pursuant to the time period specified in Rule 17 of the Joint Rules for Third Reading and final passage for House and Senate measures, all motions to reconsider a vote on a bill or Second Legislative Day, Monday, February 07, 2005 87

joint resolution shall be disposed of before the close of business on the last day of the time period specified in Rule 17 of the Joint Rules for Third Reading and final passage for House and Senate measures.

(e) During the two (2) days prior to the last day of a session, all motions to reconsider a vote on a bill, resolution, or emergency section shall be disposed of before the close of business on the same day that notice was served. On the last day of each session no notice of intention to move to reconsider the final vote on a bill, resolution, or Emergency Section shall be recognized, but any Member may, immediately after a final vote is taken and prior to the consideration of any other business, move to reconsider such final vote, in which event, the motion shall be considered immediately.

(f) Except as otherwise specifically provided in these Rules, no question shall be subject to reconsideration in the House.

9.11 – Reconsideration of Measures Returned by Executive Veto

(a) When a bill or joint resolution is returned to the House because of a veto by the Governor, a motion to vote to override the veto shall be in order at any time.

(b) A motion to vote to override a veto by the governor is debatable. Such debate shall be limited to thirty (30) minutes, equally divided between the proponents and opponents of the question, provided that no Member may speak for more than ten (10) minutes.

9.12 - Quorum

(a) If, at any time during the daily sessions of the House, a Member recognized by the Presiding Officer raises a question as to the presence of a quorum, the Presiding Officer shall, without debate, forthwith direct that the electronic voting machine be activated to determine the presence or absence of a quorum, and shall announce the result.

(b) Whenever it shall be ascertained that a quorum is not present, the Members present may, by motion adopted by a majority of those voting, direct the Chief Sergeant at Arms to request and, if necessary, to compel the presence of absent Members, which motion shall be considered without debate. Pending its execution and until a quorum shall be present, no motion or debate, except to adjourn to a day and time certain, shall be in order.

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RULE TEN

MOTIONS

10.1 - Precedence of Motions

When a question shall be under consideration, no motion shall be received except as hereinafter specified, which motion shall have precedence in the order stated, and shall be amendable or not amendable, debatable or not debatable, as set forth below:

To adjourn to a time certain (amendable - not debatable)

To adjourn (not amendable - not debatable)

To recess (amendable - not debatable)

Call of the House (not amendable - not debatable)

To table (not amendable - not debatable)

To order the Previous Question put (not amendable - not debatable)

To Advance the Question (not amendable – not debatable)

To advance from General Order (not amendable - not debatable)

To postpone to a time certain (amendable - debatable)

To adopt a conference committee report (not amendable - debatable)

To commit with instructions (amendable - debatable)

To commit without instructions (not amendable - not debatable)

To amend (amendable - debatable)

To postpone indefinitely (not amendable - debatable)

10.2 - Incidental Motions

The following motions are incidental in nature and may be made at any time as an incident to the consideration of the subject before the House. Such motions shall be amendable or not amendable, debatable or not debatable, as set forth below:

Appeals (not amendable - not debatable, except as governed by Section 9.2)

Method of consideration (amendable - not debatable) Second Legislative Day, Monday, February 07, 2005 89

Points of order (not amendable - not debatable)

Question of priority (not amendable - not debatable)

Question of Quorum (not amendable - not debatable)

Reading of papers (not amendable - debatable)

Suspension of the Rules (not amendable - not debatable)

Withdrawal of motion (not amendable - not debatable).

10.3 - Motions in Writing

Every motion shall be in writing if the Presiding Officer so desires it, and it shall be read by the Clerk before debate or vote. Oral motions shall be put by the Presiding Officer before debate or vote.

10.4 - Vote Required for Adoption of Motions

Except as otherwise specifically required by these Rules, or required by the Oklahoma Constitution, any motion, for adoption, need only receive a majority of those voting, a quorum being present.

10.5 - Withdrawal of Motions

Prior to commencement of debate thereon, or prior to action being taken thereon if there be no debate, any motion may be withdrawn by the Member making same. Otherwise, such motion may be withdrawn only upon adoption of a motion to withdraw same.

RULE ELEVEN

GENERAL PROVISIONS

11.1 - Nominations

(a) Nominations which require House confirmation shall be referred by the Speaker to a standing or special committee for consideration.

(b) Committee reports on nominations shall be combined for consideration by the House. To be approved by the House, the combined report shall be adopted by a majority of the Members of the House. At the request of any Member a nominee shall be separated from the combined report and considered individually by the House. The Majority Floor Leader shall be responsible for preparation and submission of the combined report.

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11.2 – Impeachments

No investigating committee formed for the purpose of considering articles of impeachment shall be formed unless first authorized by a resolution of the House or by the Speaker. The resolution shall define the duties and time period during which the committee shall function. Any Member or Members requesting the investigation shall not serve as chair of the committee.

11.3 – Call of the House

Call of the House may be moved at any time by any Member, but must be seconded by fifteen (15) Members. If such motion prevails, the business pending shall be suspended, the roll shall be taken, and the names of the absentees ascertained. The Chief Sergeant at Arms shall then be directed by the Presiding Officer to compel the attendance of the absent Members. After one (1) hour has expired, the roll shall again be taken and absent Members noted in the Journal, and the business suspended upon the roll call shall proceed. If, however, before the expiration of the hour, all absent Members, not otherwise excused, shall appear, the business pending shall then proceed. If a Call of the House be ordered, a motion to "work under the Call of the House" shall be in order, and if adopted, the House shall proceed with any other business at hand except that interrupted by a Call of the House. The Speaker, seconded by five (5) Members, may move a Call of the House and send for absent members, provided there be not a quorum present. In all cases where an absent Member shall be sent for and fails to attend in obedience to the summons, the report of the Chief Sergeant at Arms shall be entered in the Journal.

11.4 - Honorary Appointments

No honorary appointments shall be recorded in the House Journal.

11.5 – Lobbying

(a) All lobbying activities directed at the House shall be governed by Sections 4249- 4255 of Title 74 of the Oklahoma Statutes and such other applicable rules lawfully promulgated by the Oklahoma Ethics Commission.

(b) No monetary contributions shall be accepted by any Member or his or her staff on Capitol property at any time.

11.6 - Designated smoking areas

No person shall smoke within those parts of the Capitol Building assigned to the House. Members, employees or visitors wishing to smoke shall use designated smoking areas inside or outside the Capitol building.

Second Legislative Day, Monday, February 07, 2005 91

11.7 - Members of the Press

No persons shall be admitted to the House press gallery except members and staff of the House, members of the press bearing permits signed by the Speaker and the Chairs of the Capitol Press organizations, and guests with the written permission of the Speaker and the Chairs of the Capitol Press organizations.

11.8 - Legislative Records

(a) Records that are required to be created by these Rules or that are of vital, permanent or archival value shall be maintained in the Office of the Chief Clerk. Whenever necessary, but no more often than annually or less often than biennially, records required to be maintained shall be archived with the Oklahoma Department of Libraries.

(b) Other records that are no longer needed for any purpose and that do not have sufficient administrative, legal or fiscal significance to warrant their retention shall be disposed of systematically.

(c) A digital recording shall be made of each day’s session by the Office of the Chief Clerk which shall be compiled and stored on a digital device suitable for archival purposes.

(d) The committee staff assigned to each existing committee shall ensure compliance with this Rule for all records created or received by the committee or for a former committee whose jurisdiction has been assigned to the committee.

(e) The Speaker and all House officers, under the direction of the Speaker, shall ensure compliance with this Rule for all records created or received by their respective offices and their predecessors in office.

11.9 - Convening Restriction

No legislative day shall begin between the hours of 12:00 midnight and 8:00 a.m. on any calendar day.

RULE TWELVE

ADJOURNMENT OR RECESS

12.1 - Motion to Adjourn or Recess

(a) When a motion to adjourn or recess is adopted, no Member or officer shall leave said Member's or officer's place until the adjournment or recess shall be declared by the Presiding Officer.

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(b) When the House adjourns it shall be to 1:30 p.m. of the succeeding legislative day unless another day and/or hour be specifically named, which day and/or hour shall be entered in the Journal.

(c) A motion to adjourn or recess shall always be in order when the floor can be obtained for that purpose, and shall be decided without debate; provided, the Previous Question has not been ordered. When a vote is being taken, a motion to adjourn or recess shall not be in order. When it is apparent to the Presiding Officer that the motion to adjourn or recess is being made for the purpose of delay and such motion has been voted in the negative, within the next preceding ten (10) minutes, the Presiding Officer, in the discretion of the Presiding Officer, may rule the motion out of order as being dilatory.

(d) A legislative day shall be adjourned no later than 12:00 midnight of the calendar day that it began.

12.2 - Absence of a Quorum

In the absence of a quorum, the Speaker with three (3) Members shall be a sufficient number to adjourn.

12.3 - Sine Die Adjournment

The date and time of sine die adjournment of each regular session of the Legislature shall be fixed by motion or resolution. Once the date and time so fixed has arrived, no further business shall be conducted by the House and the Presiding Officer shall declare the House adjourned sine die.

RULE THIRTEEN

INTERIM STUDIES

13.1 - Interim Studies

(a) When the Legislature is not in session, the Speaker shall have the authority to direct committees to make interim studies for such purposes as the Speaker may designate.

(b) The Speaker shall provide to the Chief Clerk a copy of interim charges made to a standing or select committee.

(c) The committees shall meet as often as necessary to transact effectively the business assigned to them and may continue to exercise the oversight and investigatory powers granted in Section 7.14 of these Rules.

Second Legislative Day, Monday, February 07, 2005 93

13.2 - Requests for Interim Study

No resolution requesting or authorizing an interim study of any matter or proposition by the House, or a committee thereof, shall be introduced in or considered by the House. All such requests for interim study shall be submitted on request forms available to any member in the office of the Chief Clerk of the House.

13.3 - Quorum

During a legislative interim, no committee shall take any final action unless a quorum of the membership of the committee is present.

13.4 - Meeting Notice

During a legislative interim, notice in writing of any interim committee meeting shall be given by mailing notice thereof at least ten (10) days prior to the meeting. The staff of the House shall prepare and mail the meeting notices required by this section. The ten-day notice requirement of this section shall not apply to a committee or subcommittee meeting with a Senate committee or subcommittee on an interim study assigned for joint study.

RULE FOURTEEN

RULES

14.1 - Suspension or Amendment of Rules

(a) These Rules may be amended by a two-thirds (2/3) vote of those elected to and constituting the House; provided any amendment to the Rules recommended by the Committee on Rules shall be effective if approved by a majority of the Members elected to and constituting the House.

(b) If the Committee on Rules shall recommend revisions or amendments to the Rules, the House shall be given one (1) day's prior notice before consideration of the recommended changes may commence.

(c) Two-thirds (2/3) of the Members elected to and constituting the House may suspend the Rules, or a portion thereof, but a motion for that purpose shall be decided without debate.

14.2 - Parliamentary Authorities

Any parliamentary questions not provided for by the Oklahoma Constitution or these Rules shall be governed by the ruling of the Speaker. The Speaker may publish these substantive rulings in a volume of precedents. In making his or her ruling, the Speaker may rely upon, but is not bound by, these published rulings or other 94 House Journal

parliamentary authorities, including, but not limited to, the latest edition of Mason’s Manual of Legislative Procedure.

14.3 - Rules Effective

These Rules shall be in full force and effect for the duration of the 50th Oklahoma Legislature, unless amended, as provided herein.

FIRST READING

The following were introduced and read for the first time:

HB 1001  By Winchester. An Act relating to the Oklahoma Department of Tourism and Recreation; making appropriations; stating purpose; making certain appropriations nonfiscal; requiring and providing for budgeting; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1002  By Cooksey. An Act relating to cities and towns; repealing Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21, Chapter 62, O.S.L. 2004 (11 O.S. Supp. 2004, Sections 51-200, 51-201, 51-202, 51-203, 51-204, 51-205, 51-206, 51-207, 51-208, 51-209, 51-210, 51-211, 51-212, 51-213, 51-214, 51-215, 51-216, 51-217, 51-218, 51-219 and 51- 220), which relate to the Oklahoma Municipal Employee Collective Bargaining Act; and declaring an emergency.

HB 1003  By Mass of the House and Lerblance of the Senate. An Act relating to tourism and recreation; stating legislative findings; restricting state officials from certain activities; providing for civil action or injunctive relief; providing for enforcement; establishing certain penalties; providing for noncodification; providing for codification; and providing an effective date.

HB 1004  By Case. An Act relating to cities and towns; repealing Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21, Chapter 62, O.S.L. 2004 (11 O.S. Supp. 2004, Sections 51-200, 51-201, 51-202, 51-203, 51-204, 51-205, 51-206, 51-207, 51-208, 51-209, 51-210, 51-211, 51-212, 51-213, 51-214, 51-215, 51-216, 51-217, 51-218, 51-219 and 51- 220), which relate to the Oklahoma Municipal Employee Collective Bargaining Act; and declaring an emergency.

HB 1005  By Newport. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1356, as last amended by Section 6, Chapter 535, O.S.L. 2004 (68 O.S. Supp. 2004, Section 1356), which relates to sales tax exemptions; adding exemption from state sales tax for certain entities; providing an effective date; and declaring an emergency. Second Legislative Day, Monday, February 07, 2005 95

HB 1006  By Newport. An Act relating to insurance; amending 36 O.S. 2001, Section 102, which relates to the Oklahoma Insurance Code; clarifying language; and providing an effective date.

HB 1007  By Steele. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2105, which relates to vehicle excise tax; providing for exemption from vehicle excise tax for certain veterans; providing exemption from vehicle excise tax for certain spouses of persons killed during active duty; making exemption transferable to spouse upon death of person; limiting use of exemption in a calendar year; and providing an effective date.

HB 1008  By Steele. An Act relating to revenue and taxation; creating sales tax exemption for certain clothing, footwear, and school supplies purchased during certain time period; setting forth exceptions; authorizing the Oklahoma Tax Commission to promulgate certain rules; permitting counties and certain authorities to exempt from sales tax certain items for certain time period; amending 68 O.S. 2001, Section 2701, as amended by Section 30, Chapter 413, O.S.L. 2003 (68 O.S. Supp. 2004, Section 2701), which relates to authorization to tax for municipal government purposes; permitting cities and towns to exempt from sales tax certain items; requiring exemption to be for certain time period; providing for codification; providing an effective date; and declaring an emergency.

HB 1009  By Shoemake. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 7-204, as amended by Section 31, Chapter 519, O.S.L. 2004 (47 O.S. Supp. 2004, Section 7-204), which relates to motor vehicle insurance; decreasing policy limits for certain policies; amending 47 O.S. 2001, Sections 7-302, 7-316, 7-324, 8-101, 8-104 and 425, as amended by Sections 32, 33, 34 and 35, Chapter 519, O.S.L. 2004 (47 O.S. Supp. 2004, Sections 7-324, 8-101, 8- 104 and 425), which relate to proof of financial responsibility; decreasing liability insurance limits; amending 70 O.S. 2001, Section 1210.43, as amended by Section 36, Chapter 519, O.S.L. 2004 (70 O.S. Supp. 2004, Section 1210.43), which relates to vocational or area school vehicles; decreasing liability insurance limits; and providing an effective date.

HB 1010  By Turner. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 1761.1, which relates to dumping of trash on public or private property; increasing fine; requiring payment into reward fund; increasing amount of traffic citation penalty; and providing an effective date.

HB 1011  By Brown. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1357, as last amended by Section 8, Chapter 535, O.S.L. 2004 (68 O.S. Supp. 2004, Section 1357), which relates to general sales tax exemptions; exempting sales of certain optical aides from sales tax; providing an effective date; and declaring an emergency.

96 House Journal

HB 1012  By Brown. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2918, which relates to tax receipts; modifying procedural requirements for tax receipts; and providing an effective date.

HB 1013  By Glenn. An Act relating to criminal procedure; amending 22 O.S. 2001, Section 152, as amended by Section 3, Chapter 475, O.S.L. 2002 (22 O.S. Supp. 2004, Section 152), which relates to limitations for prosecution of crimes; modifying statute of limitations for certain crimes; and providing an effective date.

HB 1014  By Auffet. An Act relating to revenue and taxation; amending Section 1, Chapter 510, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2357.100), which relates to tax credits for purchase and transportation of poultry litter; modifying expiration date of the credit; and providing an effective date.

HB 1015  By Wright. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2355, as amended by Section 13, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2355), which relates to income tax rates; lowering the income tax rate imposed on certain taxpayers; and providing an effective date.

HB 1016  By Gilbert. An Act relating to prescription drugs; amending Section 7, Chapter 374, O.S.L. 2004 (59 O.S. Supp. 2004, Section 367.7), which relates to the Utilization of Unused Prescription Medications Act; modifying required content of certain rules; and declaring an emergency.

HB 1017  By Gilbert. An Act relating to professions and occupations; amending Sections 4, 7 and 8, Chapter 313, O.S.L. 2004 (59 O.S. Supp. 2004, Sections 1873, 1876 and 1877), which relate to the Licensed Alcohol and Drug Counselors Act; extending date certain requirements must be obtained; and declaring an emergency.

HB 1018  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Arts Council; making an appropriation; stating purpose; providing for the budgeting of funds in certain categories and amounts; requiring certain performance measures for budget categories; providing for duties and compensation of employees of the Oklahoma Arts Council; providing budgetary limitations; requiring budgeting of certain funds in certain years; requiring certain budget procedures; prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

Second Legislative Day, Monday, February 07, 2005 97

HB 1019  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Arts Council; making an appropriation; stating purpose; providing for the budgeting of funds in certain categories and amounts; requiring certain performance measures for budget categories; providing for duties and compensation of employees of the Oklahoma Arts Council; providing budgetary limitations; requiring budgeting of certain funds in certain years; requiring certain budget procedures; prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1020  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to education; making appropriations to the State Board of Education; stating purposes; authorizing certain expenditures for certain purposes; specifying the apportionment of certain funds which were appropriated; requiring the development of certain performance measures; providing for the budgeting of funds in certain categories and amounts; providing that certain allocated funds be made available on a statewide competitive application basis; providing exceptions; requiring the transfer of funds for the Teacher Retirement Credit to the Teachers' Retirement System of Oklahoma; requiring funds allocated for the Virtual Internet School in Oklahoma Network (VISION) Act to be used for certain purposes; stating purposes for funds allocated for the Parent Training Program; stating purpose for funds allocated for the Advanced Placement Program; limiting funding for administrative costs; stating purposes for funds allocated for Alternative and High Challenge Education; requiring certain funds be allocated on a competitive application basis; specifying purposes for funds allocated for Staff Development; authorizing use of funds for school districts for certain purpose; requiring certain apportionment of funds allocated for Instructional, Cooperative and Technological Education; requiring funds to be awarded to certain nonprofit arts center; giving priority to certain arts centers; requiring funds allocated for the funding of Community Education Grants to be expended on a contractual basis to certain consortium groups for certain purposes; stating intent regarding cost reimbursement for indirect administrative costs in the Oklahoma Early Intervention Act; requiring the transfer of certain funds allocated for Education Leadership Oklahoma to be transferred and expended for certain purposes; requiring funds allocated for the Oklahoma Ambassador of Teaching to be used for certain purposes; requiring transfer of funds to the School Consolidation Assistance Fund; requiring transfer of funds to the Teachers’ Retirement System Dedicated Revenue Revolving Fund; prohibiting the reduction of salary levels of certain instructional staff except under certain conditions; requiring the Oklahoma Cost Accounting System to account for costs by curricular subject area; requiring funds allocated for Administrative and Support Functions of the State Department of Education to be expended for certain purposes; providing for duties and compensation of employees of the State Department of Education; providing budgetary limitations; providing designations for the State Department of Education's full-time-equivalent employees; providing for responsibilities of certain designated employees of the Department; requiring the reduction or withholding of State Aid funds for certain purposes; providing for certain proportional reduction of funds; requiring budgeting of certain funds in certain years; providing lapse dates; requiring certain budgeting procedures; prohibiting certain budgeting procedures; providing an effective date; and declaring an emergency. 98 House Journal

HB 1021  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to education; providing budgetary limitations; providing an effective date; and declaring an emergency.

HB 1022  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Educational Television Authority; making an appropriation; stating purpose; providing for the budgeting of funds in certain categories and amounts; requiring certain performance measures for budget categories; providing for duties and compensation of employees of the Oklahoma Educational Television Authority; providing budgetary limitations; requiring budgeting of certain funds in certain years; requiring certain budget procedures; prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1023  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Educational Television Authority; making an appropriation; stating purpose; providing for the budgeting of funds in certain categories and amounts; requiring certain performance measures for budget categories; providing for duties and compensation of employees of the Oklahoma Educational Television Authority; providing budgetary limitations; requiring budgeting of certain funds in certain years; requiring certain budget procedures; prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1024  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Physician Manpower Training Commission; making appropriations; stating purposes; requiring budgeting of certain funds in certain categories and amounts; requiring performance measures for budget categories; providing for duties and compensation of employees; providing budgetary limitations; requiring budgeting of certain funds in certain years; requiring certain budgeting procedures; prohibiting certain budgeting procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1025  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Physician Manpower Training Commission; making an appropriation; stating purpose; requiring budgeting of certain funds in certain categories and amounts; requiring performance measures for budget categories; providing for duties and compensation of employees; providing budgetary limitations; requiring budgeting of certain funds in certain years; requiring certain budgeting procedures; prohibiting certain budgeting procedures; providing lapse dates; providing an effective date; and declaring an emergency.

Second Legislative Day, Monday, February 07, 2005 99

HB 1026  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Board of Private Vocational Schools; making an appropriation to the Oklahoma Board of Private Vocational Schools; stating purpose; requiring certain funds be budgeted in certain categories and amounts; requiring performance measures for budget categories; providing for duties and compensation of employees; providing budgetary limitations; requiring budgeting of certain funds in certain years; requiring certain budgeting procedures; prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1027  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Board of Private Vocational Schools; making an appropriation; stating purpose; requiring certain funds be budgeted in certain categories and amounts; requiring performance measures for budget categories; providing for duties and compensation of employees; providing budgetary limitations; requiring budgeting of certain funds in certain years; requiring certain budgeting procedures; prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1028  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Commission for Teacher Preparation; making an appropriation; stating purpose; providing for the budgeting of funds in certain categories and amounts; requiring performance measures for budget categories; providing for duties and compensation of employees of the Oklahoma Commission for Teacher Preparation; providing budgetary limitations; requiring budgeting of certain funds in certain years; requiring certain budget procedures; prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1029  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Commission for Teacher Preparation; making an appropriation; stating purpose; providing for the budgeting of funds in certain categories and amounts; requiring performance measures for budget categories; providing for duties and compensation of employees of the Oklahoma Commission for Teacher Preparation; providing budgetary limitations; requiring budgeting of certain funds in certain years; requiring certain budget procedures; prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1030  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the State Board of Career and Technology Education; making an appropriation; stating purpose; authorizing the expenditure of certain funds; providing for the budgeting of funds in certain categories and amounts; requiring performance measures for budget categories; providing for the duties and compensation of employees of the Oklahoma Department of Career and Technology Education; providing budgetary limitations; providing minimum and maximum amounts for certain grants in accordance 100 House Journal with certain formula; providing formula for the salary calculation of certain vocational education teachers; providing for distribution of funds allocated for the Opportunities Industrialization Center program; requiring certain responsibility of such center prior to disbursement of such funds; requiring budgeting of certain funds in certain years; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1031  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the State Board of Career and Technology Education; making an appropriation; stating purpose; authorizing the expenditure of certain funds; providing for the budgeting of funds in certain categories and amounts; requiring performance measures for budget categories; providing for the duties and compensation of employees of the Oklahoma Department of Career and Technology Education; providing budgetary limitations; providing minimum and maximum amounts for certain grants in accordance with certain formula; providing formula for the salary calculation of certain vocational education teachers; providing for distribution of funds allocated for the Opportunities Industrialization Center program; requiring certain responsibility of such center prior to disbursement of such funds; requiring budgeting of certain funds in certain years; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1032  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma State Regents for Higher Education; making appropriations; authorizing expenditures of certain funds; stating purpose; requiring budgeting of certain funds in certain years; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1033  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma State Regents for Higher Education; making appropriations; authorizing expenditures of certain funds; stating purpose; requiring budgeting of certain funds in certain years; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1034  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Commissioners of the Land Office; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; requiring performance measures; providing for the duties and compensation of employees of the Department of the Commissioners of the Land Office; limiting the salary of the Assistant Secretary; providing budgetary limitations; requiring budgeting of certain funds in certain years; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

Second Legislative Day, Monday, February 07, 2005 101

HB 1035  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Commissioners of the Land Office; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; requiring performance measures; providing for the duties and compensation of employees of the Department of the Commissioners of the Land Office; limiting the salary of the Assistant Secretary; providing budgetary limitations; requiring budgeting of certain funds in certain years; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1036  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Department of Libraries; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; requiring performance measures; providing for duties and compensation of employees; providing budgetary limitations; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1037  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Department of Libraries; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; requiring performance measures; providing for duties and compensation of employees; providing budgetary limitations; requiring budgeting of certain funds in certain years; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1038  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma School of Science and Mathematics; making an appropriation to the Board of Trustees of the Oklahoma School of Science and Mathematics; stating purpose; requiring expenditure of certain sum for certain purpose; requiring budgeting in certain categories and amounts; requiring performance measures; providing for duties and compensation of employees of the Oklahoma School of Science and Mathematics; providing budgetary limitations; making certain students eligible for certain programs; requiring budgeting of certain funds in certain years; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1039  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma School of Science and Mathematics; making an appropriation to the Board of Trustees of the Oklahoma School of Science and Mathematics; stating purpose; requiring expenditure of certain sum for certain purpose; requiring budgeting in certain categories and amounts; requiring performance measures; providing for duties and compensation of employees of the Oklahoma School of Science 102 House Journal and Mathematics; providing budgetary limitations; making certain students eligible for certain programs; requiring budgeting of certain funds in certain years; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1040  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to science and technology entities; making an appropriation to the Oklahoma Center for the Advancement of Science and Technology; stating purpose; requiring deposit of certain funds; requiring budgeting in certain categories and amounts; requiring performance measures; providing for duties and compensation of employees; providing budgetary limitations; requiring budgeting of certain funds in certain years; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1041  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to science and technology entities; making an appropriation to the Oklahoma Center for the Advancement of Science and Technology; stating purpose; requiring deposit of certain funds; requiring budgeting in certain categories and amounts; requiring performance measures; providing for duties and compensation of employees; providing budgetary limitations; requiring budgeting of certain funds in certain years; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1042  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the State Auditor and Inspector; making appropriations; stating purposes; making an appropriation to the Rural Economic Action Plan Fund; stating purpose; providing that certain appropriations shall not be transferable; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1043  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the State Auditor and Inspector; making appropriations; stating purposes; making an appropriation to the Rural Economic Action Plan Fund; stating purpose; providing that certain appropriations shall not be transferable; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

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HB 1044  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the State Election Board; making appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting the salary of the Secretary; making certain appropriations nonfiscal; providing an effective date; and declaring an emergency.

HB 1045  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the State Election Board; making appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting the salary of the Secretary; making certain appropriations nonfiscal; providing an effective date; and declaring an emergency.

HB 1046  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of State Finance; making an appropriation; stating purpose; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1047  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of State Finance; making an appropriation; stating purpose; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1048  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of the Governor; making an appropriation; stating purpose; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1049  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of the Governor; making an appropriation; stating purpose; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1050  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma House of Representatives; making an appropriation; stating purpose; making appropriations nonfiscal; requiring certain approval for claims and payrolls; providing an effective date; and declaring an emergency.

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HB 1051  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma House of Representatives; making an appropriation; stating purpose; making appropriations nonfiscal; requiring certain approval for claims and payrolls; providing an effective date; and declaring an emergency.

HB 1052  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Legislative Service Bureau; making appropriations; stating purpose; limiting salary of the Executive Director of the Criminal Justice Resource Center; making appropriations nonfiscal; providing an effective date; and declaring an emergency.

HB 1053  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Legislative Service Bureau; making appropriations; stating purpose; limiting salary of the Executive Director of the Criminal Justice Resource Center; making appropriations nonfiscal; providing an effective date; and declaring an emergency.

HB 1054  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of the Lieutenant Governor; making an appropriation; stating purpose; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1055  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of the Lieutenant Governor; making an appropriation; stating purpose; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1056  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of the Secretary of State; making an appropriation; stating purpose; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1057  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of the Secretary of State; making an appropriation; stating purpose; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

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HB 1058  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma State Senate; making an appropriation; stating purpose; making appropriation nonfiscal; providing an effective date; and declaring an emergency.

HB 1059  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma State Senate; making an appropriation; stating purpose; making appropriation nonfiscal; providing an effective date; and declaring an emergency.

HB 1060  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Space Industry Development Authority; making an appropriation to the Oklahoma Space Industry Development Authority; stating purpose; budgeting funds in certain categories and amounts; providing for the duties and compensation of employees; limiting the salary of the Executive Director; providing budgetary limitations; providing exceptions to the budgetary limitations; making appropriations nonfiscal; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1061  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Space Industry Development Authority; making an appropriation to the Oklahoma Space Industry Development Authority; stating purpose; budgeting funds in certain categories and amounts; providing for the duties and compensation of employees; limiting the salary of the Executive Director; providing budgetary limitations; providing exceptions to the budgetary limitations; making appropriations nonfiscal; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1062  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the State Bond Advisor; making an appropriation to the State Bond Advisor; stating purpose; budgeting funds in certain categories and amounts; providing for the duties and compensation of employees; limiting the salary of the Executive Director; providing budgetary limitations; providing exceptions to the budgetary limitations; making appropriations nonfiscal; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1063  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the State Bond Advisor; making an appropriation to the State Bond Advisor; stating purpose; budgeting funds in certain categories and amounts; providing for the duties and compensation of employees; limiting the salary of the Executive Director; providing budgetary limitations; providing exceptions to the budgetary limitations; making 106 House Journal appropriations nonfiscal; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1064  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Department of Central Services; making appropriations; stating purposes; authorizing certain expenditures; stating purposes; exempting certain expenditures from budgetary limitations; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting the salary of the Director; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1065  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Department of Central Services; making appropriations; stating purposes; authorizing certain expenditures; stating purposes; exempting certain expenditures from budgetary limitations; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting the salary of the Director; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1066  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Department of Emergency Management; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting the salary of the Director; providing budgetary limitations; providing lapse dates; requiring certain budget procedures; providing an effective date; and declaring an emergency.

HB 1067  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Department of Emergency Management; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting the salary of the Director; providing budgetary limitations; providing lapse dates; requiring certain budget procedures; providing an effective date; and declaring an emergency.

HB 1068  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Ethics Commission; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting the salary of the Executive Director; providing budgetary limitations; providing lapse dates; requiring certain budget procedures; providing an effective date; and declaring an emergency.

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HB 1069  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Ethics Commission; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting the salary of the Director; providing budgetary limitations; providing lapse dates; requiring certain budget procedures; providing an effective date; and declaring an emergency.

HB 1070  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Merit Protection Commission; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting the salary of the Director; providing budgetary limitations; providing lapse dates; requiring certain budget procedures; providing an effective date; and declaring an emergency.

HB 1071  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Merit Protection Commission; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting the salary of the Director; providing budgetary limitations; providing lapse dates; requiring certain budget procedures; providing an effective date; and declaring an emergency.

HB 1072  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Military Department of the State of Oklahoma; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1073  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Military Department of the State of Oklahoma; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1074  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of Personnel Management; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting the salary of the Director; providing budgetary 108 House Journal limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1075  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of Personnel Management; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting the salary of the Director; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1076  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Tax Commission; making an appropriation; stating purpose; directing certain payments; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1077  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Tax Commission; making an appropriation; stating purpose; directing certain payments; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1078  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Department of Transportation; making appropriations to the Department of Transportation; stating purposes; requiring transfers of certain monies; providing budgetary limitations; providing for duties and compensation of employees; limiting the salary of the Director; authorizing the Department to match certain federal funds and coordinate with the Oklahoma Department of Emergency Management for expenditure of funds; authorizing expenditure of certain funds in conjunction or cooperation with federal agencies or institutions; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1079  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Department of Transportation; making appropriations to the Department of Transportation; stating purposes; requiring transfers of certain monies; Second Legislative Day, Monday, February 07, 2005 109 providing budgetary limitations; providing for duties and compensation of employees; limiting the salary of the Director; authorizing the Department to match certain federal funds and coordinate with the Oklahoma Department of Emergency Management for expenditure of funds; authorizing expenditure of certain funds in conjunction or cooperation with federal agencies or institutions; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1080  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to Office of the State Treasurer; making appropriations; stating purposes; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1081  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to Office of the State Treasurer; making appropriations; stating purposes; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1082  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the State Department of Health; making an appropriation; stating purpose; providing for duties and compensation of employees; limiting salary of the Commissioner; authorizing payment of certain expenses of Commissioner under certain conditions; specifying compliance with and providing for certain budgetary limitations; exempting certain funds from expenditure and budgetary limitations; requiring employment of certain persons for certain program; authorizing transfers of certain funds; requiring budgeting in certain categories and amounts; requiring certain funds to be used to establish certain programs; requiring certain reports; providing for certain contracts; providing for legislative intent; defining term; providing for contents of certain report; requiring compliance of certain program with state plan; requiring certain reports; requiring certain contracts for evaluations; requiring compliance; providing lapse dates; requiring and prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1083  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the State Department of Health; making an appropriation; stating purpose; providing for duties and compensation of employees; limiting salary of the Commissioner; authorizing payment of certain expenses of Commissioner under certain conditions; specifying compliance with and providing for certain budgetary limitations; exempting certain funds from expenditure and budgetary limitations; requiring employment of certain persons for certain program; authorizing transfers of certain funds; requiring 110 House Journal budgeting in certain categories and amounts; requiring certain funds to be used to establish certain programs; requiring certain reports; providing for certain contracts; providing for legislative intent; defining term; providing for contents of certain report; requiring compliance of certain program with state plan; requiring certain reports; requiring certain contracts for evaluations; requiring compliance; providing lapse dates; requiring and prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1084  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Department of Mental Health and Substance Abuse Services; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting salary of the Commissioner; providing budgetary limitations; providing limitations for certain reimbursements; authorizing certain transfers; stating legislative intent; requiring certain funds be set aside for certain purposes; requiring certain report; making certain funds exempt from certain expenditure limitations; providing for certain exemptions; specifying contents of reports; authorizing certain employees to be placed in unclassified service; requiring certain employees to be in the classified service; providing exceptions; requiring and prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1085  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Department of Mental Health and Substance Abuse Services; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting salary of the Commissioner; providing budgetary limitations; providing limitations for certain reimbursements; authorizing certain transfers; stating legislative intent; requiring certain funds be set aside for certain purposes; requiring certain report; making certain funds exempt from certain expenditure limitations; providing for certain exemptions; specifying contents of reports; authorizing certain employees to be placed in unclassified service; requiring certain employees to be in the classified service; providing exceptions; requiring and prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1086  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Department of Veterans Affairs; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting salary of the Director; providing budgetary limitations; requiring and prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1087  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Department of Veterans Affairs; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; Second Legislative Day, Monday, February 07, 2005 111 providing for duties and compensation of employees; limiting salary of the Director; providing budgetary limitations; requiring and prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1088  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Health Care Authority; making an appropriation to the Oklahoma Health Care Authority; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting salary of the Administrator; authorizing payment of certain expenses; authorizing the employing of certain attorneys; prohibiting certain increases in budgetary limits; providing budgetary limitations; providing procedures for exempting certain funds from expenditure and budgetary limitations; requiring certain filings and approvals; specifying certain funding requirements; authorizing transfers of certain funds; providing procedures; authorizing the expenditure of previously appropriated funds for certain purpose; requiring recordkeeping; authorizing certain requests relating to early transfers; exempting certain funds from fiscal year limitations; providing an effective date; and declaring an emergency.

HB 1089  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Health Care Authority; making an appropriation to the Oklahoma Health Care Authority; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting salary of the Administrator; authorizing payment of certain expenses; authorizing the employing of certain attorneys; prohibiting certain increases in budgetary limits; providing budgetary limitations; providing procedures for exempting certain funds from expenditure and budgetary limitations; requiring certain filings and approvals; specifying certain funding requirements; authorizing transfers of certain funds; providing procedures; authorizing the expenditure of previously appropriated funds for certain purpose; requiring recordkeeping; authorizing certain requests relating to early transfers; exempting certain funds from fiscal year limitations; providing an effective date; and declaring an emergency.

HB 1090  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the J.D. McCarty Center for Children with Developmental Disabilities; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting salary of the Director; requiring compliance with budgetary limitations; exempting certain federal funds from expenditure limitations; providing exception; providing lapse dates; requiring and prohibiting certain budget and expenditure procedures; providing an effective date; and declaring an emergency.

HB 1091  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the J.D. McCarty Center for Children with Developmental Disabilities; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting salary of the Director; requiring compliance with and providing budgetary limitations; 112 House Journal exempting certain federal funds from expenditure limitations; providing exception; providing lapse dates; requiring and prohibiting certain budget and expenditure procedures; providing an effective date; and declaring an emergency.

HB 1092  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the University Hospitals Authority; making an appropriation to the University Hospitals Authority; stating purpose; providing for duties and compensation of employees; requiring compliance with and providing budgetary limitations; providing lapse dates; requiring and prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1093  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the University Hospitals Authority; making an appropriation to the University Hospitals Authority; stating purpose; providing for duties and compensation of employees; requiring compliance with and providing budgetary limitations; providing lapse dates; requiring and prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1094  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Department of Human Services; making an appropriation; stating purposes; requiring budgeting in certain categories and amounts; providing for exemptions from certain expenditure limitations; providing for duties and compensation of employees; limiting the number of full-time-equivalent employees; appropriating certain federal monies to the Department of Human Services; stating purpose; prohibiting certain finalization or changes of certain rates until certain date; providing exceptions; providing for rate changes; providing for effective date; requiring written notification and explanation; making certain changes subject to Oklahoma Central Purchasing Act; authorizing certain early transfers of certain funds for specific purposes; authorizing transfer of appropriated funds in requested amounts and ratios; specifying purposes; requiring certain records; authorizing certain interyear transfers; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1095  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Department of Human Services; making an appropriation; stating purposes; requiring budgeting in certain categories and amounts; providing for exemptions from certain expenditure limitations; providing for duties and compensation of employees; limiting the number of full-time-equivalent employees; appropriating certain federal monies to the Department of Human Services; stating purpose; prohibiting certain finalization or changes of certain rates until certain date; providing exceptions; providing for rate changes; providing for effective date; requiring written notification and explanation; making certain changes subject to Oklahoma Central Purchasing Act; authorizing certain early transfers of certain funds for specific purposes; authorizing transfer of appropriated funds in requested amounts and ratios; specifying purposes; Second Legislative Day, Monday, February 07, 2005 113 requiring certain records; authorizing certain interyear transfers; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1096  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of Juvenile Affairs; making an appropriation to the Office of Juvenile Affairs; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting the maximum salary of the Director; authorizing certain attorney position; providing budgetary limitations; authorizing certain requests for exemptions from expenditure limitations and budgetary limitations; requiring certain procedures; requiring certain filings; requiring certain approvals; requiring written notice; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1097  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of Juvenile Affairs; making an appropriation to the Office of Juvenile Affairs; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting the maximum salary of the Director; authorizing certain attorney position; providing budgetary limitations; authorizing certain requests for exemptions from expenditure limitations and budgetary limitations; requiring certain procedures; requiring certain filings; requiring certain approvals; requiring written notice; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1098  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the State Department of Rehabilitation Services; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for exemptions from certain expenditures limitations; providing for duties and compensation of employees; limiting the salary of the Director; limiting number of certain full-time-equivalent employees; making certain employee positions exempt from FTE limitations; authorizing certain early transfers of certain funds for specific purposes; authorizing transfer of appropriated money in requested amounts and ratios; authorizing certain interyear transfers; requiring certain process and maintenance of records; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1099  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the State Department of Rehabilitation Services; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for exemptions from certain expenditures limitations; providing for duties and compensation of employees; limiting the salary of the Director; limiting number of certain full-time-equivalent employees; making certain employee positions exempt from FTE 114 House Journal limitations; authorizing certain early transfers of certain funds for specific purposes; authorizing transfer of appropriated money in requested amounts and ratios; authorizing certain interyear transfers; requiring certain process and maintenance of records; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1100  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Commission on Children and Youth; making an appropriation to the Oklahoma Commission on Children and Youth; stating purpose; requiring budgeting in certain categories and amounts; providing for certain exemptions; providing for duties and compensation of employees; limiting salary of the Director; providing budgetary limitations; requiring certain budget procedures; prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1101  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Commission on Children and Youth; making an appropriation to the Oklahoma Commission on Children and Youth; stating purpose; requiring budgeting in certain categories and amounts; providing for certain exemptions; providing for duties and compensation of employees; limiting salary of the Director; providing budgetary limitations; requiring certain budget procedures; prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1102  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of Handicapped Concerns; making an appropriation; stating purpose; providing for duties and compensation of employees; limiting salary of the Director; requiring budgeting in certain categories and amounts; providing budgetary limitations; requiring certain budget procedures; prohibiting certain budget procedures; providing lapse date; providing an effective date; and declaring an emergency.

HB 1103  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of Handicapped Concerns; making an appropriation; stating purpose; providing for duties and compensation of employees; limiting salary of the Director; requiring budgeting in certain categories and amounts; providing budgetary limitations; requiring certain budget procedures; prohibiting certain budget procedures; providing lapse date; providing an effective date; and declaring an emergency.

HB 1104  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Human Rights Commission; making an appropriation; providing for duties and compensation of employees; limiting salary of the Director; requiring budgeting in certain categories and amounts; providing budgetary Second Legislative Day, Monday, February 07, 2005 115 limitations; requiring certain budget procedures; prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1105  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Human Rights Commission; making an appropriation; providing for duties and compensation of employees; limiting salary of the Director; requiring budgeting in certain categories and amounts; providing budgetary limitations; requiring certain budget procedures; prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1106  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Indian Affairs Commission; making an appropriation; requiring budgeting in certain categories and amounts; providing budgetary limitations; providing for duties and compensation of employees; limiting salary of the Director; providing exemption from budget limits for the Petroleum Violation Escrow Fund; requiring certain budget procedures; prohibiting certain budget procedures; providing lapse date; providing an effective date; and declaring an emergency.

HB 1107  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Indian Affairs Commission; making an appropriation; requiring budgeting in certain categories and amounts; providing budgetary limitations; providing for duties and compensation of employees; limiting salary of the Director; providing exemption from budget limits for the Petroleum Violation Escrow Fund; requiring certain budget procedures; prohibiting certain budget procedures; providing lapse date; providing an effective date; and declaring an emergency.

HB 1108  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Department of Agriculture, Food, and Forestry; making an appropriation; stating purpose; authorizing certain transfer; requiring certain funds to be budgeted in certain categories and amounts; requiring certain performance measures; stating legislative intent; designating funds; specifying purposes for which certain funds may be expended; specifying requirements for certain designated funds; providing for transfers of certain funds; specifying expenditure of certain funds; providing for duties and compensation of employees; providing budgetary limitations; requiring certain expenditures for certain purposes; providing for certain contracted responsibilities; authorizing the Oklahoma Department of Agriculture, Food, and Forestry to disallow payment for certain expenditures; requiring certain reports and audits; providing budgetary limitations; requiring budgeting of certain funds in certain years; requiring certain budgeting procedures; prohibiting certain budgeting procedures; providing lapse date; providing an effective date; and declaring an emergency.

116 House Journal

HB 1109  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Department of Agriculture, Food, and Forestry; making an appropriation; stating purpose; authorizing certain transfer; requiring certain funds to be budgeted in certain categories and amounts; requiring certain performance measures; stating legislative intent; designating funds; specifying purposes for which certain funds may be expended; specifying requirements for certain designated funds; providing for transfers of certain funds; specifying expenditure of certain funds; providing for duties and compensation of employees; providing budgetary limitations; requiring certain expenditures for certain purposes; providing for certain contracted responsibilities; authorizing the Oklahoma Department of Agriculture, Food, and Forestry to disallow payment for certain expenditures; requiring certain reports and audits; providing budgetary limitations; requiring budgeting of certain funds in certain years; requiring certain budgeting procedures; prohibiting certain budgeting procedures; providing lapse date; providing an effective date; and declaring an emergency.

HB 1110  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Commission on Consumer Credit; making an appropriation; stating purpose; providing for duties and compensation of employees; providing budgetary limitations; requiring and authorizing certain transfers; making certain appropriations nonfiscal; providing exception; requiring budgeting of certain funds in certain years; requiring certain budgeting procedures; prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1111  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Commission on Consumer Credit; making an appropriation; stating purpose; providing for duties and compensation of employees; providing budgetary limitations; requiring and authorizing certain transfers; making certain appropriations nonfiscal; providing exception; requiring budgeting of certain funds in certain years; requiring certain budgeting procedures; prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1112  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Corporation Commission; making an appropriation to the Corporation Commission; stating purpose; authorizing transfer and expenditure of certain funds; requiring budgeting in certain categories and amounts; directing certain expenditure of money; requiring certain multicounty offices be operated; providing for duties and compensation of employees; providing budgetary limitations; requiring and authorizing certain transfer; establishing authorized number and salary maximums for certain unclassified positions; making continuation of employment of certain employees contingent on certain funding; designating certain number of employees for certain programs; limiting certain assessment level; limiting certain expenditures; authorizing and providing budgeting of certain monies; making certain appropriations nonfiscal; providing lapse dates; requiring certain budgeting practices; prohibiting certain budgeting practices; providing an effective date; and declaring an emergency. Second Legislative Day, Monday, February 07, 2005 117

HB 1113  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Corporation Commission; making an appropriation to the Corporation Commission; stating purpose; authorizing transfer and expenditure of certain funds; requiring budgeting in certain categories and amounts; directing certain expenditure of money; requiring certain multicounty offices be operated; providing for duties and compensation of employees; providing budgetary limitations; requiring and authorizing certain transfer; establishing authorized number and salary maximums for certain unclassified positions; making continuation of employment of certain employees contingent on certain funding; designating certain number of employees for certain programs; limiting certain assessment level; limiting certain expenditures; authorizing and providing budgeting of certain monies; making certain appropriations nonfiscal; providing lapse dates; requiring certain budgeting practices; prohibiting certain budgeting practices; providing an effective date; and declaring an emergency.

HB 1114  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Department of Environmental Quality; making an appropriation to the Department of Environmental Quality; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting salary of the Executive Director; providing budgetary limitations; authorizing certain contractual services; requiring certain expenditures; requiring utilization of certain funds; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1115  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Department of Environmental Quality; making an appropriation to the Department of Environmental Quality; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting salary of the Executive Director; providing budgetary limitations; authorizing certain contractual services; requiring certain expenditures; requiring utilization of certain funds; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1116  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Horse Racing Commission; making appropriation to the Horse Racing Commission; stating purpose; requiring certain funds to be budgeted in certain categories and amounts; providing for duties and compensation of employees; limiting the salary of the Director; providing budgetary limitations; providing an effective date; and declaring an emergency.

118 House Journal

HB 1117  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Horse Racing Commission; making appropriation to the Horse Racing Commission; stating purpose; requiring certain funds to be budgeted in certain categories and amounts; providing for duties and compensation of employees; limiting the salary of the Director; providing budgetary limitations; providing an effective date; and declaring an emergency.

HB 1118  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Insurance Department; making appropriation to the Insurance Department; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1119  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Insurance Department; making appropriation to the Insurance Department; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1120  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Department of Mines; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing for salary of Executive Director; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1121  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Department of Mines; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing for salary of Executive Director; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

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HB 1122  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Tourism and Recreation Department; making appropriation to the Oklahoma Tourism and Recreation Department; stating purpose; limiting expenditure of funds for certain purposes; prohibiting allocation of certain funds to certain organizations; limiting amounts which may be expended for certain purpose; requiring all funds to be budgeted in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; prohibiting the closing of certain state parks without legislative approval; requiring Oklahoma Tourism and Recreation Department to provide certain administrative services for the Oklahoma Scenic Rivers Commission; providing lapse dates; requiring and prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1123  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Tourism and Recreation Department; making appropriation to the Oklahoma Tourism and Recreation Department; stating purpose; limiting expenditure of funds for certain purposes; prohibiting allocation of certain funds to certain organizations; limiting amounts which may be expended for certain purpose; requiring all funds to be budgeted in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; prohibiting the closing of certain state parks without legislative approval; requiring Oklahoma Tourism and Recreation Department to provide certain administrative services for the Oklahoma Scenic Rivers Commission; providing lapse dates; requiring and prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1124  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Capitol Complex and Centennial Commemoration Commission; making appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing for salary of Executive Director; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1125  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Capitol Complex and Centennial Commemoration Commission; making appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing for salary of Executive Director; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

120 House Journal

HB 1126  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Department of Commerce; making an appropriation; stating purpose; authorizing certain expenditures; prescribing budgetary categories and amounts; providing for duties and compensation of employees; setting budgetary limitations; setting expenditure limitations in certain categories and amounts; providing for expenditure of certain amounts in designated categories; requiring certain contracts; providing for certain matching amount; providing for expenditure for Head Start Programs; providing formula for distribution of funds; providing exemption from Oklahoma Central Purchasing Act; requiring certain provisions in certain contracts; providing for expenditures related to substate multicounty regional planning; allocating amounts; authorizing certain matching requirement; requiring establishment of certain eligibility requirements; providing for certain application requirements; providing for budgeting and encumbrances; making certain appropriations nonfiscal; providing lapse dates; requiring and prohibiting certain budget procedures; providing budgetary limits; providing an effective date; and declaring an emergency.

HB 1127  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Department of Commerce; making an appropriation; stating purpose; authorizing certain expenditures; prescribing budgetary categories and amounts; providing for duties and compensation of employees; setting budgetary limitations; setting expenditure limitations in certain categories and amounts; providing for expenditure of certain amounts in designated categories; requiring certain contracts; providing for certain matching amount; providing for expenditure for Head Start Programs; providing formula for distribution of funds; providing exemption from Oklahoma Central Purchasing Act; requiring certain provisions in certain contracts; providing for expenditures related to substate multicounty regional planning; allocating amounts; authorizing certain matching requirement; requiring establishment of certain eligibility requirements; providing for certain application requirements; providing for budgeting and encumbrances; making certain appropriations nonfiscal; providing lapse dates; requiring and prohibiting certain budget procedures; providing budgetary limits; providing an effective date; and declaring an emergency.

HB 1128  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Conservation Commission; making an appropriation to the Oklahoma Conservation Commission; stating purpose; authorizing expenditures from certain funds; requiring certain transfers; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing for salary of Executive Director; providing budgetary limitations; making certain employees positions contingent on federal funds; exempting certain employees from Merit System of Personnel Administration; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

Second Legislative Day, Monday, February 07, 2005 121

HB 1129  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Conservation Commission; making an appropriation to the Oklahoma Conservation Commission; stating purpose; authorizing expenditures from certain funds; requiring certain transfers; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing for salary of Executive Director; providing budgetary limitations; making certain employees positions contingent on federal funds; exempting certain employees from Merit System of Personnel Administration; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1130  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Historical Society; making appropriations; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; making certain appropriations nonfiscal; requiring and providing for budgeting; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1131  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Historical Society; making appropriations; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; making certain appropriations nonfiscal; requiring and providing for budgeting; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1132  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the J.M. Davis Memorial Commission; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing for salary of executive director; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1133  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the J.M. Davis Memorial Commission; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing for salary of executive director; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency. 122 House Journal

HB 1134  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Department of Labor; making an appropriation; stating purpose; requiring certain funds to be budgeted in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; making certain positions contingent on federal funds; requiring certain reports and specifying content; requiring cooperation between certain agencies for certain purpose; requiring certain budgeting procedures; prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1135  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Department of Labor; making an appropriation; stating purpose; requiring certain funds to be budgeted in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; making certain positions contingent on federal funds; requiring certain reports and specifying content; requiring cooperation between certain agencies for certain purpose; requiring certain budgeting procedures; prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1136  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Scenic Rivers Commission; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; making certain employees positions contingent on federal funds; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1137  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Scenic Rivers Commission; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; making certain employees positions contingent on federal funds; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1138  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Water Resources Board; making appropriations; stating purposes; authorizing expenditures from certain funds; stating purposes; requiring budgeting in certain categories and amounts; requiring performance measures; providing for duties and compensation of employees; providing budgetary limitations; requiring and limiting certain expenditures; specifying purpose; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; requiring certain transfers; authorizing certain expenditures; specifying Second Legislative Day, Monday, February 07, 2005 123 purpose; requiring certain expenditures from certain fund; specifying purpose; providing an effective date; and declaring an emergency.

HB 1139  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Water Resources Board; making appropriations; stating purposes; authorizing expenditures from certain funds; stating purposes; requiring budgeting in certain categories and amounts; requiring performance measures; providing for duties and compensation of employees; providing budgetary limitations; requiring and limiting certain expenditures; specifying purpose; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; requiring certain transfers; authorizing certain expenditures; specifying purpose; requiring certain expenditures from certain fund; specifying purpose; providing an effective date; and declaring an emergency.

HB 1140  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Will Rogers Memorial Commission; making appropriations; stating purpose; providing for duties and compensation of employees; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1141  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Will Rogers Memorial Commission; making appropriations; stating purpose; providing for duties and compensation of employees; providing budgetary limitations; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1142  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Alcoholic Beverage Laws Enforcement Commission; making appropriations; stating purpose; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1143  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Alcoholic Beverage Laws Enforcement Commission; making appropriations; stating purpose; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1144  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to Department of Corrections; making an appropriation; stating purpose; providing lapse dates; providing an effective date; and declaring an emergency. 124 House Journal

HB 1145  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to Department of Corrections; requiring budgeting of funds in certain categories; providing for duties and compensation of employees; limiting the salary of the Director; authorizing employment of certain percentage of employees in the unclassified service; providing budgetary limitations; requiring certain agreement for public work positions; authorizing certain agreement for construction projects; providing an effective date; and declaring an emergency.

HB 1146  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of the State Fire Marshal; making an appropriation to the Office of the State Fire Marshal; stating purpose; providing lapse date; providing an effective date; and declaring an emergency.

HB 1147  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of the State Fire Marshal; requiring certain expenditures; requiring budgeting in certain categories and amounts; providing for the duties and compensation of employees; providing budgetary limitations; providing exceptions to the budgetary limitations; authorizing certain expenditures; limiting expenditures for certain purpose; providing an effective date; and declaring an emergency.

HB 1148  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma State Bureau of Investigation; making an appropriation; stating purpose; providing lapse dates; requiring and prohibiting certain budget practices; providing an effective date; and declaring an emergency.

HB 1149  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to Oklahoma State Bureau of Investigation; requiring budgeting in certain categories and amounts; providing for the duties and compensation of employees; limiting salary of the Director; providing budgetary limitations; authorizing transfer of funds to an agency special account for certain purposes; limiting amount authorized to be transferred; requiring certain report; specifying duties for certain full-time-equivalent employees; making their employment contingent on certain funding; providing an effective date; and declaring an emergency.

HB 1150  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Council on Law Enforcement Education and Training; budgeting in certain categories and amounts; providing for the duties and compensation of employees; limiting the salary of the Director; providing budgetary limitations; providing exceptions to the budgetary limitations; limiting expenditures for certain purpose; providing an effective date; and declaring an emergency.

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HB 1151  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Council on Law Enforcement Education and Training; making appropriations to the Council on Law Enforcement Education and Training; stating purposes; providing lapse date; providing an effective date; and declaring an emergency.

HB 1152  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to Board of Medicolegal Investigations; making an appropriation; stating purpose; providing lapse dates; requiring and prohibiting certain budget practices; providing an effective date; and declaring an emergency.

HB 1153  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to Board of Medicolegal Investigations; requiring budgeting in certain categories and amounts; providing for the duties and compensation of employees; limiting salary of the Chief Medical Examiner; providing budgetary limitations; making certain full- time-equivalent employees contingent upon certain funding; providing an effective date; and declaring an emergency.

HB 1154  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; making an appropriation; stating purpose; providing lapse dates; requiring and prohibiting certain budget practices; providing an effective date; and declaring an emergency.

HB 1155  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; requiring budgeting in certain categories and amounts; providing for the duties and compensation of employees; limiting salary of the Director; providing budgetary limitations; limiting amount of appropriation which may be used for certain purpose; authorizing transfer of funds to an agency special account for certain purposes; limiting amount authorized to be transferred; requiring promulgation of certain rules; providing an effective date; and declaring an emergency.

HB 1156  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Pardon and Parole Board; making an appropriation; stating purpose; providing lapse dates; requiring and prohibiting certain budget practices; providing an effective date; and declaring an emergency.

HB 1157  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Pardon and Parole Board; requiring budgeting in certain categories and amounts; providing for the duties and compensation of employees; limiting 126 House Journal the salary of the Chief Administrative Officer; providing budgetary limitations; providing an effective date; and declaring an emergency.

HB 1158  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Department of Public Safety; making appropriations to the Department of Public Safety; stating purpose; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1159  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Department of Public Safety; requiring budgeting in certain categories and amounts; requiring certain performance measures; providing for the duties and compensation of employees; providing budgetary limitations; providing exceptions to the budgetary limitations; limiting expenditures for certain purpose; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1160  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of the Attorney General; making an appropriation; stating purposes; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1161  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of the Attorney General; requiring budgeting of funds in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; providing an effective date; and declaring an emergency.

HB 1162  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Court of Criminal Appeals; making an appropriation; stating purpose; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1163  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Court of Criminal Appeals; requiring budgeting in certain categories and amounts; authorizing employment of temporary employees; exempting temporary employees from budgetary limitations; providing for the duties and compensation of employees; providing budgetary limitations; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1164  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the District Attorneys Council; making an appropriation to the Office of the Attorney General for the benefit of the District Attorneys Council; stating Second Legislative Day, Monday, February 07, 2005 127 purposes; providing lapse dates; requiring and prohibiting certain budget practices; providing an effective date; and declaring an emergency.

HB 1165  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the District Attorneys Council; authorizing transfers of certain funds; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; providing budgetary limitations; authorizing the District Attorneys Council to hire certain number of legal interns for certain period of time; exempting interns from budgetary limitations; providing an effective date; and declaring an emergency.

HB 1166  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the district courts; making appropriations to the Supreme Court for the district courts; stating purpose; providing lapse dates; requiring and prohibiting certain budget practices; providing an effective date; and declaring an emergency.

HB 1167  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the district courts; providing budgetary limits; requiring budgeting of certain funds in certain categories and amounts; limiting salaries of certain employees; providing budgetary limitations on certain full-time-equivalent employees; authorizing the total or partial refund of payments to the State Judicial Fund by local court funds under certain circumstances; providing procedures; authorizing expenditure from the Supreme Court Revolving Fund in certain circumstances; providing an effective date; and declaring an emergency.

HB 1168  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Indigent Defense System; making an appropriation; stating purposes; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1169  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Indigent Defense System; requiring budgeting in certain categories and amounts; providing budgetary limitations; providing for duties and compensation of employees; limiting the salary of the Executive Director; exempting certain employees from budgetary limitations on full-time-equivalent employees; providing an effective date; and declaring an emergency.

HB 1170  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Council on Judicial Complaints; making an appropriation; stating purpose; providing lapse dates; requiring and prohibiting certain budget practices; providing an effective date; and declaring an emergency. 128 House Journal

HB 1171  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Council on Judicial Complaints; requiring budgeting in certain categories and amounts; providing for the duties and compensation of employees; providing budgetary limitations; limiting salary of the Director; providing an effective date; and declaring an emergency.

HB 1172  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Supreme Court; making appropriations; stating purposes; providing lapse dates; requiring and prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1173  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Supreme Court; requiring budgeting of funds in certain categories and amounts; providing for the duties and compensation of employees of the Supreme Court and the Court of Civil Appeals; providing budgetary limitations; providing an effective date; and declaring an emergency.

HB 1174  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Workers' Compensation Court; making appropriations; stating purposes; providing lapse dates; requiring and prohibiting certain budget practices; providing an effective date; and declaring an emergency.

HB 1175  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Workers' Compensation Court; requiring budgeting in certain categories and amounts; providing for the duties and compensation of employees; providing budgetary limitations; providing lapse dates; requiring and prohibiting certain budget practices; providing an effective date; and declaring an emergency.

HB 1176  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Constitutional Reserve Fund; making an appropriation; stating purpose; making appropriation nonfiscal; providing an effective date; and declaring an emergency.

HB 1177  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Constitutional Reserve Fund; making an appropriation; stating purpose; making appropriation nonfiscal; providing an effective date; and declaring an emergency.

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HB 1178  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to appropriations; making an appropriation; stating purpose; and declaring an emergency.

HB 1179  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to appropriations; making an appropriation; stating purpose; and declaring an emergency.

HB 1180  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to public finance; directing transfer of certain funds by certain entities and officers; specifying amount; and declaring an emergency.

HB 1181  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to Department of Corrections; making an appropriation; stating purpose; providing an effective date; and declaring an emergency.

HB 1182  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Health Care Authority; making an appropriation to the Oklahoma Health Care Authority; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting salary of the Administrator; authorizing payment of certain expenses; authorizing the employing of certain attorneys; prohibiting certain increases in budgetary limits; providing budgetary limitations; providing procedures for exempting certain funds from expenditure and budgetary limitations; requiring certain filings and approvals; specifying certain funding requirements; authorizing certain transfers; providing procedures; authorizing the expenditure of previously appropriated funds for certain purpose; requiring recordkeeping; authorizing certain requests relating to early transfers; exempting certain funds from fiscal year limitations; providing an effective date; and declaring an emergency.

HB 1183  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to education; making an appropriation to the State Board of Education; stating purpose; and declaring an emergency.

HB 1184  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to education; making appropriations to the State Board of Education; stating purposes; and declaring an emergency.

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HB 1185  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to education; making an appropriation to the Oklahoma State Regents for Higher Education; stating purpose; and declaring an emergency.

HB 1186  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Department of Veterans Affairs; making an appropriation; stating purpose; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting salary of the Director; providing budgetary limitations; requiring and prohibiting certain budget procedures; providing lapse dates; providing an effective date; and declaring an emergency.

HB 1187  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Department of Transportation; making an appropriation; stating purpose; making appropriation exempt from certain category and budget limits; providing an effective date; and declaring an emergency.

HB 1188  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Tax Commission; making an appropriation; stating purpose; making appropriation exempt from certain category and budget limits; providing an effective date; and declaring an emergency.

HB 1189  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Office of Juvenile Affairs; providing for duties and compensation of employees; limiting the maximum salary of the Director; authorizing certain attorney position; providing budgetary limitations; authorizing certain requests for exemptions from expenditure limitations and budgetary limitations; requiring certain procedures; requiring certain filings; requiring certain approvals; requiring written notice; making certain appropriations nonfiscal; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1190  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Department of Human Services; providing for duties and compensation of employees; limiting the number of full-time-equivalent employees; appropriating certain federal monies to the Department of Human Services; stating purpose; prohibiting certain finalization or changes of certain rates until certain date; providing exceptions; providing for rate changes; providing for effective date; requiring written notification and explanation; making certain changes subject to Oklahoma Central Purchasing Act; authorizing certain early transfers of certain funds for specific purposes; authorizing transfer of appropriated funds in requested amounts and ratios; specifying purposes; requiring certain records; authorizing certain interyear transfers; providing lapse Second Legislative Day, Monday, February 07, 2005 131 dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1191  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to public finance; amending 62 O.S. 2001, Section 41.31, which relates to budget preparation; clarifying term; providing an effective date; and declaring an emergency.

HB 1192  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to public finance; amending 62 O.S. 2001, Section 41.31, which relates to budget preparation; clarifying term; providing an effective date; and declaring an emergency.

HB 1193  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to public finance; amending 62 O.S. 2001, Section 41.31, which relates to budget preparation; clarifying term; providing an effective date; and declaring an emergency.

HB 1194  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 118, as amended by Section 1, Chapter 397, O.S.L. 2003 (68 O.S. Supp. 2004, Section 118), which relates to written estimates; clarifying procedures; providing an effective date; and declaring an emergency.

HB 1195  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 118, as amended by Section 1, Chapter 397, O.S.L. 2003 (68 O.S. Supp. 2004, Section 118), which relates to written estimates; clarifying procedures; providing an effective date; and declaring an emergency.

HB 1196  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 118, as amended by Section 1, Chapter 397, O.S.L. 2003 (68 O.S. Supp. 2003, Section 118), which relates to written estimates; clarifying procedures; providing an effective date; and declaring an emergency.

HB 1197  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Capitol Improvement Authority; amending 73 O.S. 2001, Section 151, which relates to the Capitol Improvement Authority; clarifying language; providing an effective date; and declaring an emergency. 132 House Journal

HB 1198  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Capitol Improvement Authority; amending 73 O.S. 2001, Section 151, which relates to the Capitol Improvement Authority; clarifying language; providing an effective date; and declaring an emergency.

HB 1199  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to the Oklahoma Capitol Improvement Authority; amending 73 O.S. 2001, Section 151, which relates to the Capitol Improvement Authority; clarifying language; providing an effective date; and declaring an emergency.

HB 1200  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to state government; amending 74 O.S. 2001, Section 840-1.3, as amended by Section 3, Chapter 347, O.S.L. 2002 (74 O.S. Supp. 2004, Section 840-1.3), which relates to the Oklahoma Personnel Act; clarifying language; providing an effective date; and declaring an emergency.

HB 1201  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to state government; amending 74 O.S. 2001, Section 840-1.3, as amended by Section 3, Chapter 347, O.S.L. 2002 (74 O.S. Supp. 2003, Section 840-1.3), which relates to the Oklahoma Personnel Act; clarifying language; providing an effective date; and declaring an emergency.

HB 1202  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to state government; amending 74 O.S. 2001, Section 840-1.3, as amended by Section 3, Chapter 347, O.S.L. 2002 (74 O.S. Supp. 2004, Section 840-1.3), which relates to the Oklahoma Personnel Act; clarifying language; providing an effective date; and declaring an emergency.

HB 1203  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to state government personnel; amending Section 1, Chapter 17, O.S.L. 2002, as last amended by Section 1, Chapter 463, O.S.L. 2004 (74 O.S. Supp. 2004, Section 3601.1), which relates to full-time-equivalent state employees; clarifying fiscal year; providing an effective date; and declaring an emergency.

HB 1204  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to general appropriations for the expenses of various agencies of the executive, legislative and judicial departments of the state; making appropriations to the Oklahoma Arts Council, the State Board of Career and Technology Education, the State Board of Education, the Oklahoma Educational Television Authority, the Oklahoma State Regents for Higher Education, the Commissioners of the Land Office, the Oklahoma Second Legislative Day, Monday, February 07, 2005 133

Department of Libraries, the Physician Manpower Training Commission, the Oklahoma Board of Private Vocational Schools, the Board of Trustees of the Oklahoma School of Science and Mathematics, the Oklahoma Center for the Advancement of Science and Technology, the Oklahoma Commission for Teacher Preparation, the Office of the State Auditor and Inspector, the Rural Economic Action Plan Fund of the State Treasury, the Office of the State Bond Advisor, the Department of Central Services, the Oklahoma Department of Emergency Management, the State Election Board, the Ethics Commission, the Office of State Finance, the Office of the Governor, the Oklahoma House of Representatives, the Legislative Service Bureau, the Office of the Lieutenant Governor, the Oklahoma Merit Protection Commission, the Military Department of the State of Oklahoma, the Office of Personnel Management, the Office of the Secretary of State, the Oklahoma State Senate, the Oklahoma Space Industry Development Authority, the Oklahoma Tax Commission, the Department of Transportation, the Office of the State Treasurer, the Oklahoma Health Care Authority, the State Department of Health, the J.D. McCarty Center for Children with Developmental Disabilities, the Department of Mental Health and Substance Abuse Services, the University Hospitals Authority, the Oklahoma Department of Veterans Affairs, the Oklahoma Commission on Children and Youth, the Office of Handicapped Concerns, the Oklahoma Human Rights Commission, the Department of Human Services, the Oklahoma Indian Affairs Commission, the Office of Juvenile Affairs, the State Department of Rehabilitation Services, the Oklahoma Department of Agriculture, Food, and Forestry, the Oklahoma Capitol Complex and Centennial Commemoration Commission, the Department of Commerce, the Oklahoma Conservation Commission, the Department of Consumer Credit, the Corporation Commission, the Department of Environmental Quality, the Oklahoma Historical Society, the Oklahoma Horse Racing Commission, the State Insurance Department, the J.M. Davis Memorial Commission, the Department of Labor, the Department of Mines, the Oklahoma Scenic Rivers Commission, the Department of Securities, the Oklahoma Tourism and Recreation Department, the Oklahoma Water Resources Board, the Will Rogers Memorial Commission, the Alcoholic Beverage Laws Enforcement Commission, the Office of the Attorney General, the District Attorneys Council, the Department of Corrections, the Court of Criminal Appeals, the State Fire Marshal, the Oklahoma Indigent Defense System, the Oklahoma State Bureau of Investigation, the Council on Judicial Complaints, the Council on Law Enforcement Education and Training, the Board of Medicolegal Investigations, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Pardon and Parole Board, the Department of Public Safety, the Supreme Court and the Workers’ Compensation Court; stating amounts of appropriations; stating purposes and restrictions; authorizing and requiring certain expenditures; and providing an effective date.

HB 1205  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to general appropriations for the expenses of various agencies of the executive, legislative and judicial departments of the state; making appropriations to the Oklahoma Arts Council, the State Board of Career and Technology Education, the State Board of Education, the Oklahoma Educational Television Authority, the Oklahoma State Regents for Higher Education, the Commissioners of the Land Office, the Oklahoma Department of Libraries, the Physician Manpower Training Commission, the Oklahoma Board of Private Vocational Schools, the Board of Trustees of the Oklahoma School of Science and Mathematics, the Oklahoma Center for the Advancement of Science and 134 House Journal

Technology, the Oklahoma Commission for Teacher Preparation, the Office of the State Auditor and Inspector, the Rural Economic Action Plan Fund of the State Treasury, the Office of the State Bond Advisor, the Department of Central Services, the Oklahoma Department of Emergency Management, the State Election Board, the Ethics Commission, the Office of State Finance, the Office of the Governor, the Oklahoma House of Representatives, the Legislative Service Bureau, the Office of the Lieutenant Governor, the Oklahoma Merit Protection Commission, the Military Department of the State of Oklahoma, the Office of Personnel Management, the Office of the Secretary of State, the Oklahoma State Senate, the Oklahoma Space Industry Development Authority, the Oklahoma Tax Commission, the Department of Transportation, the Office of the State Treasurer, the Oklahoma Health Care Authority, the State Department of Health, the J.D. McCarty Center for Children with Developmental Disabilities, the Department of Mental Health and Substance Abuse Services, the University Hospitals Authority, the Oklahoma Department of Veterans Affairs, the Oklahoma Commission on Children and Youth, the Office of Handicapped Concerns, the Oklahoma Human Rights Commission, the Department of Human Services, the Oklahoma Indian Affairs Commission, the Office of Juvenile Affairs, the State Department of Rehabilitation Services, the Oklahoma Department of Agriculture, Food, and Forestry, the Oklahoma Capitol Complex and Centennial Commemoration Commission, the Oklahoma Department of Commerce, the Oklahoma Conservation Commission, the Department of Consumer Credit, the Corporation Commission, the Department of Environmental Quality, the Oklahoma Historical Society, the Oklahoma Horse Racing Commission, the State Insurance Department, the J.M. Davis Memorial Commission, the Department of Labor, the Department of Mines, the Oklahoma Scenic Rivers Commission, the Department of Securities, the Oklahoma Tourism and Recreation Department, the Oklahoma Water Resources Board, the Will Rogers Memorial Commission, the Alcoholic Beverage Laws Enforcement Commission, the Office of the Attorney General, the District Attorneys Council, the Department of Corrections, the Court of Criminal Appeals, the State Fire Marshal, the Oklahoma Indigent Defense System, the Oklahoma State Bureau of Investigation, the Council on Judicial Complaints, the Council on Law Enforcement Education and Training, the Board of Medicolegal Investigations, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Pardon and Parole Board, the Department of Public Safety, the Supreme Court and the Workers’ Compensation Court; stating amounts of appropriations; stating purposes and restrictions; authorizing and requiring certain expenditures; and providing an effective date.

HB 1206  By Benge and Newport of the House and Morgan and Crutchfield of the Senate. An Act relating to general appropriations for the expenses of various agencies of the executive, legislative and judicial departments of the state; making appropriations to the Oklahoma Arts Council, the State Board of Career and Technology Education, the State Board of Education, the Oklahoma Educational Television Authority, the Oklahoma State Regents for Higher Education, the Commissioners of the Land Office, the Oklahoma Department of Libraries, the Physician Manpower Training Commission, the Oklahoma Board of Private Vocational Schools, the Board of Trustees of the Oklahoma School of Science and Mathematics, the Oklahoma Center for the Advancement of Science and Technology, the Oklahoma Commission for Teacher Preparation, the Office of the State Auditor and Inspector, the Rural Economic Action Plan Fund of the State Treasury, the Office of the State Bond Advisor, the Department of Central Services, the Oklahoma Second Legislative Day, Monday, February 07, 2005 135

Department of Emergency Management, the State Election Board, the Ethics Commission, the Office of State Finance, the Office of the Governor, the Oklahoma House of Representatives, the Legislative Service Bureau, the Office of the Lieutenant Governor, the Oklahoma Merit Protection Commission, the Military Department of the State of Oklahoma, the Office of Personnel Management, the Office of the Secretary of State, the Oklahoma State Senate, the Oklahoma Space Industry Development Authority, the Oklahoma Tax Commission, the Department of Transportation, the Office of the State Treasurer, the Oklahoma Health Care Authority, the State Department of Health, the J.D. McCarty Center for Children with Developmental Disabilities, the Department of Mental Health and Substance Abuse Services, the University Hospitals Authority, the Oklahoma Department of Veterans Affairs, the Oklahoma Commission on Children and Youth, the Office of Handicapped Concerns, the Oklahoma Human Rights Commission, the Department of Human Services, the Oklahoma Indian Affairs Commission, the Office of Juvenile Affairs, the State Department of Rehabilitation Services, the Oklahoma Department of Agriculture, Food, and Forestry, the Oklahoma Capitol Complex and Centennial Commemoration Commission, the Oklahoma Department of Commerce, the Oklahoma Conservation Commission, the Department of Consumer Credit, the Corporation Commission, the Department of Environmental Quality, the Oklahoma Historical Society, the Oklahoma Horse Racing Commission, the State Insurance Department, the J.M. Davis Memorial Commission, the Department of Labor, the Department of Mines, the Oklahoma Scenic Rivers Commission, the Department of Securities, the Oklahoma Tourism and Recreation Department, the Oklahoma Water Resources Board, the Will Rogers Memorial Commission, the Alcoholic Beverage Laws Enforcement Commission, the Office of the Attorney General, the District Attorneys Council, the Department of Corrections, the Court of Criminal Appeals, the State Fire Marshal, the Oklahoma Indigent Defense System, the Oklahoma State Bureau of Investigation, the Council on Judicial Complaints, the Council on Law Enforcement Education and Training, the Board of Medicolegal Investigations, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Pardon and Parole Board, the Department of Public Safety, the Supreme Court and the Workers’ Compensation Court; stating amounts of appropriations; stating purposes and restrictions; authorizing and requiring certain expenditures; and providing an effective date.

HB 1207  By Wright. An Act relating to sunset; amending 59 O.S. 2001, Section 624, which relates to the State Board of Osteopathic Examiners; re-creating the Board; and modifying termination date.

HB 1208  By Wright. An Act relating to sunset; amending 59 O.S. 2001, 1455, as last amended by Section 3, Chapter 229, O.S.L. 2003 (59 O.S. Supp. 2004, Section 1455), which relates to the Polygraph Examiners Board; re-creating the Board; and modifying termination date.

HB 1209  By Wright. An Act relating to sunset; amending 74 O.S. 2001, Section 3906, which relates to the 2005 omnibus sunset list; modifying termination date; and adding entity to the list.

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HB 1210  By Wright. An Act relating to sunset; amending 59 O.S. 2001, Section 1203, which relates to the State Board of Registration for Foresters; re-creating the Board; and modifying termination date.

HB 1211  By Wright. An Act relating to sunset; amending 3A O.S. 2001, Section 604.1, as amended by Section 1, Chapter 331, O.S.L. 2003 (3A O.S. Supp. 2004, Section 604.1), which relates to the Oklahoma Professional Boxing Commission; re-creating the Commission; and modifying termination date.

HB 1212  By Wright. An Act relating to sunset; amending 59 O.S. 2001, Section 137, which relates to the Board of Podiatric Medical Examiners; re-creating the Board; and modifying termination date.

HB 1213  By Shoemake. An Act relating to professions and occupations; amending 59 O.S. 2001, Sections 698.2, as amended by Section 1, Chapter 172, O.S.L. 2002 and 698.12, as amended by Section 3, Chapter 172, O.S.L. 2002 (59 O.S. Supp. 2004, Sections 698.2 and 698.12), which relate to the Oklahoma Veterinary Practice Act; adding definition; adding to acts not prohibited by the Oklahoma Veterinary Practice Act; and providing an effective date.

HB 1214  By McDaniel. An Act relating to child abuse prevention; amending 10 O.S. 2001, Section 7004-1.7, which relates to the pilot program to serve children at risk of abuse and neglect; extending effective date of program; providing for expansion of program; and declaring an emergency.

HB 1215  By Smithson. An Act relating to public health and safety; amending 63 O.S. 2001, Section 4001, which relates to the Oklahoma Vessel and Motor Registration Act; clarifying language; and providing an effective date.

HB 1216  By Smithson. An Act relating to holidays; amending 25 O.S. 2001, Section 82.2, which relates to designation of certain holidays; creating Native American Day; and providing an effective date.

HB 1217  By Cooksey. An Act relating to environment; amending 27A O.S. 2001, Sections 2-11-409 and 2- 11-413, which relate to the Oklahoma Waste Tire Recycling Act; modifying rulemaking authority; requiring certain approvals for transportation or storage of certain waste; and providing an effective date.

Second Legislative Day, Monday, February 07, 2005 137

HB 1218  By Newport. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 1104, as amended by Section 1, Chapter 139, O.S.L. 2003 (47 O.S. Supp. 2004, Section 1104), which relates to apportionment of Oklahoma Vehicle License and Registration Act fees; modifying apportionment of revenues to State Highway Construction and Maintenance Fund over three-year period; and providing an effective date.

HB 1219  By Morgan (Fred). An Act relating to DNA Offender Database; amending 20 O.S. 2001, Section 1313.2, as last amended by Section 1, Chapter 291, O.S.L. 2004 (20 O.S. Supp. 2004, Section 1313.2), which relates to penalties in addition to fines; modifying scope of DNA assessment fee; amending 22 O.S. 2001, Section 991a, as last amended by Section 2, Chapter 418, O.S.L. 2004 (22 O.S. Supp. 2004, Section 991a), which relates to sentencing powers of court and DNA testing; modifying submission requirements for DNA testing; amending 74 O.S. 2001, Section 150.27a, as last amended by Section 4, Chapter 143, O.S.L. 2004 (74 O.S. Supp. 2004, Section 150.27a), which relates to DNA Offender Database; modifying purpose of DNA Offender Database; and providing an effective date.

HB 1220  By Glenn. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 644, as amended by Section 1, Chapter 520, O.S.L. 2004 (21 O.S. Supp. 2004, Section 644), which relates to assault and battery; expanding scope of crime; providing penalties; defining term; amending 21 O.S. 2001, Section 647, as amended by Section 7, Chapter 460, O.S.L. 2002 (21 O.S. Supp. 2004, Section 647), which relates to punishment for aggravated assault and battery; expanding scope of crime; providing penalty; amending 21 O.S. 2001, Section 649, which relates to assault and battery upon police officer; expanding scope of crime; providing penalty; amending 21 O.S. 2001, Section 650, which relates to aggravated assault and battery upon peace officer; expanding scope of crime; providing penalty; amending 21 O.S. 2001, Section 681, which relates to assaults with intent to commit felony; expanding scope of crime; providing penalty; amending 21 O.S. 2001, Section 801, which relates to robbery or attempted robbery with dangerous weapon or imitation firearm; expanding scope of crime; amending 21 O.S. 2001, Section 1272, as amended by Section 1, Chapter 465, O.S.L. 2003 (21 O.S. Supp. 2004, Section 1272), which relates to unlawful carry; providing exception for carry and use of chemical aerosol spray; and providing an effective date.

HB 1221  By Turner. An Act relating to state government; amending 74 O.S. 2001, Section 1316.3, as last amended by Section 6, Chapter 345, O.S.L. 2004 (74 O.S. Supp. 2004, Section 1316.3), which relates to certain amounts payable to retirees for health care insurance premiums; modifying amount payable to certain retirees of the Teachers’ Retirement System of Oklahoma; providing an effective date; and declaring an emergency.

HB 1222  By Smithson. An Act relating to rural fire departments; providing amount of operational grants to rural fire departments for certain fiscal year; providing for amount of grant notwithstanding conflicting provisions; providing for noncodification; providing an effective date; and declaring an emergency. 138 House Journal

HB 1223  By Staggs. An Act relating to schools; creating the Chronic Disease in School Act; stating legislative findings; providing definitions; requiring development of chronic disease training guidelines for school employees; requiring schools to provide chronic disease awareness training for certain school employees; requiring wireless telecommunication devices for certain school bus drivers; specifying entity to provide training; directing every school to develop a chronic disease policy; prohibiting certain conflicts; providing for maintenance of the plan in certain records; stating certain guidelines; requiring certain assessment of skills and knowledge; requiring annual review; providing for notification of certain students and parents or guardians; limiting liability of a school; amending 70 O.S. 2001, Section 1-116.2, which relates to the administration of medicine to students; limiting responsibility for administration of an injection; directing every school to have a written policy on the administration of medicine at school; requiring annual review; providing for codification; providing for noncodification; providing an effective date; and declaring an emergency.

HB 1224  By Nance. An Act relating to criminal procedure; amending 22 O.S. 2001, Section 258, as last amended by Section 1, Chapter 337, O.S.L. 2003 (22 O.S. Supp. 2004, Section 258), which relates to preliminary examinations and proceedings; allowing the use of hearsay evidence; and providing an effective date.

HB 1225  By Nance. An Act relating to Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; amending 63 O.S. 2001, Section 2-103, as amended by Section 13, Chapter 199, O.S.L. 2003 (63 O.S. Supp. 2004, Section 2-103), which relates to appointment and powers of Director; providing exception for compensation of personnel; establishing salaries of certain employees of the Bureau; allowing use of pay mechanisms for certain positions; providing for codification; providing an effective date; and declaring an emergency.

HB 1226  By Nance. An Act relating to fees; amending 28 O.S. 2001, Section 153, as last amended by Section 4, Chapter 525, O.S.L. 2004 (28 O.S. Supp. 2004, Section 153), which relates to court costs in criminal cases; increasing sheriff’s service fee; and providing an effective date.

HB 1227  By Nance. An Act relating to Oklahoma State Bureau of Investigation; amending 74 O.S. 2001, Section 150.5, as amended by Section 1, Chapter 77, O.S.L. 2002 (74 O.S. Supp. 2004, Section 150.5), which relates to requests for investigations; allowing Bureau to reveal confidential information to agencies and individuals under certain circumstances; requiring compliance with confidentiality provisions; and providing an effective date.

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HB 1228  By Liebmann. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2355, as amended by Section 13, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2355), which relates to income tax rates; lowering the income tax rate imposed on certain taxpayers by increments over certain period; and providing an effective date.

HB 1229  By Braddock. An Act relating to agriculture; amending 2 O.S. 2001, Sections 3-50.7, 3-50.8, 3-50.9a and 3-50.11, which relate to Boll Weevil Eradication Act; modifying audit procedures; modifying acreage certification; modifying assessment procedures; modifying certain penalties; and providing an effective date.

HB 1230  By Piatt and Balkman. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1357, as last amended by Section 8, Chapter 535, O.S.L. 2004 (68 O.S. Supp. 2004, Section 1357), which relates to general sales tax exemptions; exempting sales of hearing aids to certain persons from sales tax; providing exemption from sales tax for certain eligible food and beverages; providing that sales tax exemption shall not apply to counties and municipalities without certain resolution or ordinance; creating sales tax exemption for certain clothing, footwear, and school supplies purchased during certain time periods; setting forth exceptions; authorizing the Oklahoma Tax Commission to promulgate certain rules; permitting counties and certain authorities to exempt from sales tax certain items for certain time periods; amending 68 O.S. 2001, Sections 1370, as last amended by Section 1, Chapter 317, O.S.L. 2004, 1370.1, 1370.2, 1370.2A, 1370.4, 1370.5, 1370.6, 1370.7, as amended by Section 2, Chapter 336, O.S.L. 2003, 1370.8, as amended by Section 2, Chapter 103, O.S.L. 2004 and 2701, as amended by Section 30, Chapter 413, O.S.L. 2003 (68 O.S. Supp. 2004, Sections 1370, 1370.7, 1370.8 and 2701), which relate to county and municipal sales tax; providing exception to certain exemption; authorizing certain action for exemption; providing for codification; providing an effective date; and declaring an emergency.

HB 1231  By Young. An Act relating to children; amending 10 O.S. 2001, Section 7115, as amended by Section 7, Chapter 455, O.S.L. 2002 (10 O.S. Supp. 2004, Section 7115), which relates to child abuse, neglect, sexual abuse, and sexual exploitation; modifying penalties; and providing an effective date.

HB 1232  By Benge. An Act relating to the Oklahoma Capitol Complex and Centennial Commemoration Commission; prohibiting payment of operational expenses related to certain property; defining term; prohibiting expenditures from Oklahoma Capitol Complex and Centennial Commemoration Commission Revolving Fund; providing for codification; providing an effective date; and declaring an emergency.

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HB 1233  By Hastings. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1356, as last amended by Section 6, Chapter 535, O.S.L. 2004 (68 O.S. Supp. 2004, Section 1356), which relates to sales tax exemptions; providing exemption from state sales tax for certain nonprofit entities; providing an effective date; and declaring an emergency.

HB 1234  By Piatt. An Act relating to banks; amending 6 O.S. 2001, Sections 104, 201, 202, 204, as amended by Section 1, Chapter 180, O.S.L. 2003, 209, 211, as amended by Section 4, Chapter 356, O.S.L. 2003, 211.1, as amended by Section 5, Chapter 356, O.S.L. 2003, 308, as amended by Section 8, Chapter 67, O.S.L. 2002, 309, as amended by Section 9, Chapter 67, O.S.L. 2002, 310, as amended by Section 10, Chapter 67, O.S.L. 2002, 405, 414, as amended by Section 2, Chapter 180, O.S.L. 2003, 424, as amended by Section 3, Chapter 180, O.S.L. 2003, 1004, as amended by Section 16, Chapter 67, O.S.L. 2002, 1017, 1018, 1405, 1740, 1741, 2108, 2109 and 2113 (6 O.S. Supp. 2004, Sections 204, 211, 211.1, 308, 309, 310, 414, 424 and 1004), which relate to the Oklahoma Banking Code; adding entity qualified under act; providing for termination by causes defined by Board; allowing Commissioner to appoint deputy commissioners; modifying Board member requirements; modifying meeting dates of Board; allowing for payment of civil penalties; updating references to revolving fund; removing definition; increasing hourly rate; modifying what monies are in certain revolving fund; allowing for request of court reporter at hearing; eliminating capital stock minimum; requiring approval by Commissioner for exemption from effort to dispose of real estate; allowing loan proceeds to be delivered to customer; allowing for use of irrevocable letter of credit; updating language to include securities pledged or purchased; requiring mailing of notice of court order of liquidation of trust; removing application of certain provisions to bank or trust under certain conditions; providing for applicability of Oklahoma Banking Code; providing for payment of fee with exemption request; setting certification fee; allowing for revocation of exempt status under certain conditions; deleting exemption status under certain conditions; providing conditions for issuance of irrevocable letter of credit; changing type of value of security; increasing hourly rate; allowing for certain expenses; amending 8 O.S. 2001, Section 166, which relates to cemeteries; updating reference to revolving fund; repealing 6 O.S. 2001, Section 211.2, as amended by Section 6, Chapter 356, O.S.L. 2003 (6 O.S. Supp. 2004, Section 211.2), which relates to the Oklahoma Banking Department; and providing an effective date.

HB 1235  By DeWitt. An Act relating to schools; amending 70 O.S. 2001, Section 6-182, which relates to the Oklahoma Teacher Preparation Act; modifying process for selection of mentor teacher; providing an effective date; and declaring an emergency.

HB 1236  By DeWitt. An Act relating to agriculture; amending 2 O.S. 2001, Section 1-2, which relates to Oklahoma Department of Agriculture, Food, and Forestry; clarifying language; and providing an effective date.

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HB 1237  By DeWitt. An Act relating to agriculture; amending 2 O.S. 2001, Section 4-11, which relates to branding; clarifying recording of certain transfer of titles; and providing an effective date.

HB 1238  By DeWitt. An Act relating to environment and natural resources; amending 27A O.S. 2001, Section 2-6-101, as amended by Section 1, Chapter 227, O.S.L. 2002 (27A O.S. Supp. 2004, Section 2-6-101), which relates to water quality; modifying definition; amending 59 O.S. 2001, Section 1102, which relates to the Waterworks and Wastewater Works Operator Certification Act; modifying definitions; and providing an effective date.

HB 1239  By DeWitt. An Act relating to revenue and taxation; amending 68 O.S. 2001, Sections 1365, as last amended by Section 11, Chapter 535, O.S.L. 2004 and 1405, as last amended by Section 77, Chapter 5, O.S.L. 2004 (68 O.S. Supp. 2004, Sections 1365 and 1405), which relate to sales and use tax; eliminating certain requirements for the remitting of sales and use taxes; providing an effective date; and declaring an emergency.

HB 1240  By Benge. An Act relating to game and fish; amending 29 O.S. 2001, Section 4-112, as last amended by Section 1, Chapter 284, O.S.L. 2004 (29 O.S. Supp. 2004, Section 4-112), which relates to hunting licenses; adding exemptions to certain licenses for disabled veterans; providing an effective date; and declaring an emergency.

HB 1241  By Gilbert. An Act relating to children; amending Section 2, Chapter 198, O.S.L. 2004 (10 O.S. Supp. 2004, Section 7003-8.8), which relates to paternity and child support; modifying procedure for certain paternity actions; modifying procedure for certain child support proceedings; and providing an effective date.

HB 1242  By Hastings. An Act relating to electronic monitoring devices; amending 21 O.S. 2001, Section 443, which relates to escape from custody; expanding scope of prohibited acts; amending Section 2, Chapter 125, O.S.L. 2002, as amended by Section 13, Chapter 390, O.S.L. 2002 (22 O.S. Supp. 2004, Section 1105.2), which relates to Pretrial Release Act; authorizing placement of monitoring device; requiring payment of supervision fee as condition of pretrial release; requiring collection of supervision fee by court clerk; and providing an effective date.

HB 1243  By Piatt. An Act relating to firearms; amending Section 1, Chapter 39, O.S.L. 2004 (21 O.S. Supp. 2004, Section 1289.7a), which relates to transporting or storing firearms in locked vehicles; exempting certain persons and entities from civil liability for the storage of firearms in locked vehicles; providing exception; and providing an effective date.

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HB 1244  By Liebmann. An Act relating to the Oklahoma Open Records Act; amending 51 O.S. 2001, Section 24A.10, as amended by Section 1, Chapter 186, O.S.L. 2004 (51 O.S. Supp. 2004, Section 24A.10), which relates to voluntarily supplied information; expanding confidentiality of certain information; and declaring an emergency.

HB 1245  By Carey. An Act relating to public finance; amending 62 O.S. 2001, Section 7.10, as last amended by Section 52, Chapter 5, O.S.L. 2004 (62 O.S. Supp. 2004, Section 7.10), which relates to voluntary payroll deductions; modifying scope of certain payroll deductions; providing an effective date; and declaring an emergency.

HB 1246  By Smithson. An Act relating to motor vehicles; amending 47 O.S. 2001, Sections 1-123, 1-134, as last amended by Section 6, Chapter 411, O.S.L. 2003 and 1-186, as last amended by Section 9, Chapter 411, O.S.L. 2003 (47 O.S. Supp. 2004, Sections 1-134 and 1-186), which relate to definitions of words and phrases; modifying statutory references; amending 47 O.S. 2001, Sections 12-101, as last amended by Section 44, Chapter 5, O.S.L. 2004, Section 20, Chapter 411, O.S.L. 2003, 12-201, as amended by Section 21, Chapter 411, O.S.L. 2003, 12-225, as amended by Section 85, Chapter 411, O.S.L. 2003 and as renumbered by Section 42, Chapter 411, O.S.L. 2003, Section 25, Chapter 411, O.S.L. 2003, 12-227, as amended by Section 44, Chapter 411, O.S.L. 2003, 12-301, as amended by Section 47, Chapter 411, O.S.L. 2003, 12-416, 12-419, 12-420, 12-501, Section 68, Chapter 411, O.S.L. 2003, as amended by Section 17, Chapter 521, O.S.L. 2004, Section 71, Chapter 411, O.S.L. 2003, Section 75, Chapter 411, O.S.L. 2003, Section 76, Chapter 411, O.S.L. 2003, Section 79, Chapter 411, O.S.L. 2003 and Section 80, Chapter 411, O.S.L. 2003, (47 O.S. Supp. 2004, Sections 12-101, 12-101.2, 12-201, 12-203.4, 12-204.1, 12-227, 12-301, 12-601, 12-604, 12-702, 12-703, 12-706 and 12-707), which relate to equipment of vehicles; modifying statutory references; providing exception for certain braking systems; amending 47 O.S. 2001, Section 13-102, as amended by Section 10, Chapter 199, O.S.L. 2003 (47 O.S. Supp. 2004, Section 13-102), which relates to inspection of vehicles; increasing time limitation; and providing an effective date.

HB 1247  By Nance. An Act relating to labor; requiring certain employers to obtain criminal history records; prohibiting certain employees from making in-home visits; providing penalty; providing definitions; providing for codification; and providing an effective date.

HB 1248  By Kern. An Act relating to revenue and taxation; repealing 68 O.S. 2001, Sections 801, 802, 802.1, 803, 804, 805, as amended by Section 5, Chapter 458, O.S.L. 2002, 806, 807, as amended by Section 11, Chapter 472, O.S.L. 2003, 808, 809, 810, 811, as amended by Section 2, Chapter 535, O.S.L. 2004, 812, 813, 814, 815, as last amended by Section 3, Chapter 535, O.S.L. 2004, 815.1, 816, 816.1, 817, 818, 819, 820, 821, 822, 823, 824 and 825 (68 O.S. Supp. 2004, Section 805, 807, 811 and 815), which relate to the imposition and collection of a tax on the estate of a decedent; and providing an effective date.

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HB 1249  By Young. An Act relating to capitol and capitol buildings; authorizing Oklahoma Capitol Improvement Authority to acquire certain real property; identifying property; stating authorized purpose of acquisition; authorizing Authority to hold title to real property; authorizing lease of real property; providing for transfer of title; authorizing issuance of certain obligations; stating legislative intent with respect to certain appropriations; imposing limit on cost of acquisition; providing for determination of fair market value; providing for payment of fees and costs; providing for reimbursement of certain costs; authorizing issuance of obligations in series; authorizing engagement of service providers; authorizing creation of reserves for certain purposes; providing for sale of obligations; authorizing agreements; providing for maturity of obligations; authorizing certain use of interest earnings; providing exemption from certain taxation; providing for investment of monies and providing guidelines for investment; providing for codification; providing an effective date; and declaring an emergency.

HB 1250  By Young. An Act relating to children; amending 10 O.S. 2001, Section 7505-2.1, which relates to preadoption termination of parental rights; expanding custody options for certain purposes; and providing an effective date.

HB 1251  By Hastings. An Act relating to bail bondsmen; amending 59 O.S. 2001, Section 1327, as last amended by Section 1, Chapter 66, O.S.L. 2003 (59 O.S. Supp. 2004, Section 1327), which relates to surrender of defendant prior to breach; allowing recommitment of defendants under certain circumstances; providing procedures for recommitment; and providing an effective date.

HB 1252  By Piatt. An Act relating to the State Board of Medical Licensure and Supervision; amending 59 O.S. 2001, Sections 487 and 493.1, as amended by Section 1, Chapter 213, O.S.L. 2002 (59 O.S. Supp. 2004, Section 493.1), which relate to the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act; removing certain employees of the Board from the Merit System of Personnel Administration; expanding approved medical training locations; expanding grounds for denial of a license; amending 59 O.S. 2001, Sections 887.13 and 887.17, as last amended by Section 6, Chapter 543, O.S.L. 2004 (59 O.S. Supp. 2004, Section 887.17), which relate to the Physical Therapy Practice Act; expanding scope of authorized referrals for treatments; providing an effective date; and declaring an emergency.

HB 1253  By Wright. An Act relating to sunset; repealing 17 O.S. 2001, Section 190.20, which relates to the Electric Restructuring Advisory Committee; repealing Section 1, Chapter 349, O.S.L. 2002, as amended by Section 1, Chapter 72, O.S.L. 2003 (56 O.S. Supp. 2004, Section 1021), which relates to the Strategic Planning Committee on the Olmstead Decision; repealing Section 1, Chapter 423, O.S.L. 2004 (62 O.S. Supp. 2004, Section 1002), which relates to the Task Force for the Study of Public Retirement Systems Benefit Design and Equity; repealing Section 1, Chapter 388, O.S.L. 2004 (63 O.S. Supp. 2004, Section 1-1918A), 144 House Journal which relates to the Advisory Council on Pain Management; repealing Sections 1 and 2, Chapter 512, O.S.L. 2004 (63 O.S. Supp. 2004, Sections 2171 and 2172), which relate to the Danielle Martinez Act and the Advisory Council on Cord Blood Donations; repealing Section 1, Chapter 239, O.S.L. 2003 (74 O.S. Supp. 2004, Section 9004), which relates to the Task Force on Oklahoma’s Communications Infrastructure; repealing Section 1, Chapter 237, O.S.L. 2003, which relates to the Oklahoma Barge Traffic Safety Advisory Task Force; repealing Sections 2 and 5, Chapter 434, O.S.L. 2003, which relate to the School State Aid Funding Study Group and the Task Force on School District Administrative Reorganization or Consolidation; repealing Section 1, Chapter 117, O.S.L. 2004, which relates to the Fuel Cell Initiative Task Force; repealing Section 1, Chapter 413, O.S.L 2004, which relates to the Oklahoma Methamphetamine Education Task Force; repealing Section 3, Chapter 533, O.S.L. 2004, which relates to the Task Force on School District General Fund Carryover Standards; repealing Section 1, Chapter 558, O.S.L. 2004, which relates to the Joint Legislative Task Force on Patient Safety; providing an effective date; and declaring an emergency.

HB 1254  By Trebilcock. An Act relating to schools; requiring the State Board of Education to require school districts to replace certain beverages and snacks in vending machines in certain schools; requiring high schools to offer certain less expensive healthy beverage and snack options; allowing each Healthy and Fit School Advisory Committee to establish stricter guidelines; providing for codification; providing an effective date; and declaring an emergency.

HB 1255  By Gilbert. An Act relating to counties and county officers; amending Section 1, Chapter 110, O.S.L. 2003, as amended by Section 1, Chapter 355, O.S.L. 2004 (19 O.S. Supp. 2004, Section 339.6), which relates to curfew for juveniles; modifying applicability to unincorporated areas; clarifying sign posting requirement; providing an effective date; and declaring an emergency.

HB 1256  By Peterson (Pam). An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2355, as amended by Section 13, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2355), which relates to income tax rates; allowing additional method of computation of income taxes for married individuals; specifying requirements and limitations; and providing an effective date.

HB 1257  By Peterson (Pam). An Act relating to crimes and punishments; creating the Oklahoma Unborn Victims of Violence Act of 2005; amending 12 O.S. 2001, Section 1053, which relates to limitation of actions for wrongful death; providing for recovery of damages for death of unborn child; providing for exceptions; prohibiting prosecution of mother of unborn child; amending 21 O.S. 2001, Sections 652, 713, 714 and 715, which relate to crimes against the person; expanding scope of crimes to include death of unborn child; providing for exceptions; prohibiting prosecution of mother of unborn child; adding penalty for causing death of an unborn child; exempting certain requirements for establishment of proof; providing for codification; providing for noncodification; and providing an effective date.

Second Legislative Day, Monday, February 07, 2005 145

HB 1258  By Peterson (Pam). An Act relating to abortion; defining terms; establishing crime for prescribing certain drugs; providing for certain criteria; providing for exceptions; requiring compliance with certain federal laws; requiring the preparation of certain reports; providing for inspection of certain reports; providing for exceptions; providing for certain punishment; authorizing sanctions by certain licensing boards; providing for codification; and providing an effective date.

HB 1259  By Plunk. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 101, which relates to the Oklahoma Tax Code; clarifying language; and providing an effective date.

HB 1260  By Plunk. An Act relating to small business; enacting the Oklahoma Small Business Development Act of 2005; providing for noncodification; and providing an effective date.

HB 1261  By Plunk. An Act relating to waters and water rights; amending 82 O.S. 2001, Section 105.19, which relates to surrender of water rights; clarifying certain language; and providing an effective date.

HB 1262  By Plunk. An Act relating to roads, bridges and ferries; amending 69 O.S. 2001, Section 1723, which relates to Oklahoma Turnpikes designation; clarifying language; and providing an effective date.

HB 1263  By Plunk. An Act relating to counties and county officers; amending 19 O.S. 2001, Section 327, which relates to county commissioners; updating language; and providing an effective date.

HB 1264  By Brown. An Act relating to revenue and taxation; providing tax credit for maintenance and repair of certain dispensing equipment; allowing credit to cover fees paid to operate certain equipment; limiting credit; providing for prescription of forms by Tax Commission; defining term; providing for codification; and providing an effective date.

HB 1265  By Balkman. An Act relating to public finance; amending 62 O.S. 2001, Section 695.7, as amended by Section 1, Chapter 215, O.S.L. 2003 (62 O.S. Supp. 2004, Section 695.7), which relates to the Oklahoma State Bond Advisor; modifying provisions related to certain inducements; authorizing certain inducements; imposing restrictions; providing for negotiation related to fees for goods and services; and providing an effective date.

HB 1266  By Ingmire. An Act relating to higher education; amending 70 O.S. 2001, Section 3201, as amended by Section 2, Chapter 194, O.S.L. 2002 (70 O.S. Supp. 2004, Section 3201), 146 House Journal which relates to The Oklahoma State System of Higher Education; clarifying language; providing an effective date; and declaring an emergency.

HB 1267  By Ingmire. An Act relating to criminal procedure; amending 22 O.S. 2001, Section 991b, as amended by Section 19, Chapter 460, O.S.L. 2002 (22 O.S. Supp. 2004, Section 991b), which relates to revocation for suspended sentences; authorizing the Department of Corrections to respond with intermediate sanctions for technical violations of probation; stating time period to respond to technical violations; providing intermediate sanctions; requiring certain forms; requiring the Department of Corrections to develop sanction matrix, forms, policies and procedures; providing for certain hearing; establishing procedures for certain hearing; requiring preponderance of evidence for certain determination; stating authority of hearing officers; allowing offender to accept sanctions; providing consequences for failure to comply; providing for revocation proceedings or appeal when sanction is not voluntarily accepted by offender; allowing appeal from administrative hearing; and providing an effective date.

HB 1268  By Ingmire. An Act relating to property; amending 60 O.S. 2001, Section 654, which relates to deposits held by utilities; requiring certain amount of unclaimed gas and electric utility deposits to be transferred and deposited in the Unclaimed Gas and Electric Utility Deposit Fund; creating the Unclaimed Gas and Electric Utility Deposit Fund; directing the Department of Human Services to manage the Fund for certain purpose; making the Fund a continuing fund; providing for appropriation, budgeting and expenditure of Fund; providing for codification; and providing an effective date.

HB 1269  By Ingmire. An Act relating to consumer credit; amending 14A O.S. 2001, Section 1-101, which relates to the Uniform Consumer Credit Code; clarifying language; and providing an effective date.

HB 1270  By Ingmire. An Act relating to higher education; creating the Oklahoma Higher Education Capital Improvements and Finance Act of 2005; providing for noncodification; providing an effective date; and declaring an emergency.

HB 1271  By Brannon. An Act relating to state government; amending 74 O.S. 2001, Section 1306, as last amended by Section 1, Chapter 405, O.S.L. 2004 (74 O.S. Supp. 2004, Section 1306), which relates to the State and Education Employees Group Insurance Act; modifying premium rates allowed for certain active and retired employees; and providing an effective date.

HB 1272  By Brannon. An Act relating to the State Fire Marshal Commission; amending 74 O.S. 2001, Section 324.2, which relates to meetings of the State Fire Marshal Commission; updating quorum requirement; and declaring an emergency. Second Legislative Day, Monday, February 07, 2005 147

HB 1273  By Brannon. An Act relating to schools; amending 70 O.S. 2001, Section 6-189.1, as amended by Section 1, Chapter 291, O.S.L. 2002 (70 O.S. Supp. 2004, Section 6-189.1), which relates to certification of mathematics teachers; allowing certain teachers with mathematics certification or endorsement to teach at grade five level under certain circumstances; providing an effective date; and declaring an emergency.

HB 1274  By Brannon. An Act relating to the Oklahoma Public Employees Retirement System; amending 74 O.S. 2001, Section 902, as last amended by Section 2, Chapter 539, O.S.L. 2004 (74 O.S. Supp. 2004, Section 902), which relates to definitions; modifying provisions related to normal retirement date; providing an effective date; and declaring an emergency.

HB 1275  By Peters. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1356, as last amended by Section 6, Chapter 535, O.S.L. 2004 (68 O.S. Supp. 2004, Section 1356), which relates to certain exemptions from sales tax; authorizing sales tax exemption for certain nonprofit entity; prescribing qualifications for exemption; and declaring an emergency.

HB 1276  By Peters. An Act relating to public health and safety; amending 63 O.S. 2001, Sections 1-860.2a, 1-860.5, as amended by Section 2, Chapter 339, O.S.L. 2003, 1-860.6, as amended by Section 3, Chapter 339, O.S.L. 2003, 1-860.9, 1-860.9a and 1-860.15, as amended by Section 4, Chapter 339, O.S.L. 2003 (63 O.S. Supp. 2004, Sections 1-860.5, 1-860.6 and 1- 860.15), which relate to the Oklahoma Hospice Licensing Act; providing for provisional and permanent licenses; authorizing the State Department of Health to issue and enforce provisional licenses; increasing certain fees; creating new fee category; and declaring an emergency.

HB 1277  By Peters. An Act relating to domestic abuse; amending 10 O.S. 2001, Section 7104, which relates to report of criminally inflicted injuries; modifying reporting procedures; amending 10 O.S. 2001, Section 7307-1.4, which relates to inspection and disclosure of juvenile court records; modifying list of persons authorized to inspect juvenile court records; establishing reporting standards for health care professionals; requiring report of domestic abuse under certain circumstances; directing to whom report shall be made; requiring documentation of injuries and treatment; requiring referral to domestic abuse and victim services programs; requiring certain documents be provided to law enforcement upon request; establishing immunity for health care professionals from civil and criminal liability; providing immunity from liability under certain circumstances; providing for presumption of good faith; providing for codification; and providing an effective date.

HB 1278  By Peters. An Act relating to residential dwellings; requiring removable bars on residential escape and rescue openings; providing for codification; and providing an effective date.

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HB 1279  By Turner. An Act relating to insurance; amending Sections 1, 2, 3, 4 and 8, Chapter 276, O.S.L. 2002 (36 O.S. Supp. 2004, Sections 4521, 4522, 4523, 4524 and 4528), which relate to the Employer Health Insurance Purchasing Group Act; updating citations; modifying definitions; defining term; modifying group formation requirements; modifying formation period; prohibiting restriction of choice by employer; requiring certain plans to be offered by insurers; prohibiting insurer from being member of HIPG; prohibiting health insurers from taking certain actions in relation to a HIPG; and providing an effective date.

HB 1280  By Kern. An Act relating to adoption; amending 10 O.S. 2001, Section 7505-6.6, which relates to birth certificates; requiring original birth certificates in certain circumstances; and providing an effective date.

HB 1281  By Liebmann. An Act relating to insurance; requiring that certain homeowner’s policy provide information about certain limits of coverage related to backup of sanitary sewer; requiring certain homeowner’s policy provide information about purchase of certain coverage related to backup of sanitary sewer; providing certain form to be used by insured; requiring form to be filed with Insurance Commissioner; allowing certain derivations from form; providing for codification; and providing an effective date.

HB 1282  By Liebmann. An Act relating to animals; amending 4 O.S. 2001, Section 46, which relates to dangerous dogs; adding certain breed of dogs subject to regulation; providing for certain type of regulation; and providing an effective date.

HB 1283  By Deutschendorf. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2358, as last amended by Section 14, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2358), which relates to adjustments to taxable income; providing deduction from state income tax for hiring of employees by small business; providing for reduction of the deduction after certain time; defining term; and providing an effective date.

HB 1284  By Deutschendorf. An Act relating to the Oklahoma Open Meeting Act; amending 25 O.S. 2001, Section 307.1, as last amended by Section 14, Chapter 5, O.S.L. 2004 (25 O.S. Supp. 2004, Section 307.1), which relates to holding meetings by teleconference or videoconference; expanding authorization for teleconference meetings; and providing an effective date.

HB 1285  By Deutschendorf. An Act relating to schools; amending 70 O.S. 2001, Sections 8-103, as amended by Section 12, Chapter 434, O.S.L. 2003 and 8-103.1 (70 O.S. Supp. 2004, Section 8-103), which relate to the Education Open Transfer Act; changing certain application procedure deadlines; providing for the automatic transfer of certain students; exempting students granted an automatic transfer from application requirement; prohibiting cancellation of transfers for certain reasons; providing an effective date; and declaring an emergency. Second Legislative Day, Monday, February 07, 2005 149

HB 1286  By Balkman. An Act relating to motor vehicles; allowing for application to Oklahoma Tax Commission for special license plate; providing requirements for application; providing for fees for special license plates; requiring financial plan for certain plates; restricting transfer of plates; requiring renewal of plates; requiring system to be developed; exempting certain plates from application of act; defining term; creating revolving fund; directing expenditures of funds; providing for codification; and providing an effective date.

HB 1287  By Reynolds. An Act relating to public finance; prohibiting contracts for certain computer software unless the source code is provided; requiring certain documentation; directing the State Purchasing Director to provide advice and assistance; providing definitions; providing for codification; providing an effective date; and declaring an emergency.

HB 1288  By Cox. An Act relating to controlled dangerous substances; amending 63 O.S. 2001, Sections 2-204, 2-206 and 2-208, which relate to Schedules I, II and III of the Uniform Controlled Dangerous Substances Act; adding certain substances to Schedule I; adding substances and certain uses to industrial use exemption; removing certain substance from Schedule II; adding certain substances to Schedule III; amending 63 O.S. 2001, Section 2-401, as last amended by Section 2, Chapter 396, O.S.L. 2004 (63 O.S. Supp. 2004, Section 2-401), which relates to prohibited acts and penalties; modifying penalty to include certain substances; and providing an effective date.

HB 1289  By Cox. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2358, as last amended by Section 14, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2358), which relates to adjustments to taxable income; providing exemption for premiums paid for long-term care insurance; and providing an effective date.

HB 1290  By Cox. An Act relating to public health and safety; amending 63 O.S. 2001, Section 5010, as amended by Section 1, Chapter 218, O.S.L. 2004 (63 O.S. Supp. 2004, Section 5010), which relates to analysis of state health care programs; clarifying duty of the Oklahoma Health Care Authority; amending 63 O.S. 2001, Section 5030.1, which relates to Medicaid Drug Utilization Review Board; making certain records subject to the Open Records Act; providing criteria for certain decisions; requiring certain reports; amending 63 O.S. 2001, Section 5030.5, as amended by Section 2, Chapter 411, O.S.L. 2002 (63 O.S. Supp. 2004, Section 5030.5), which relates to prior authorizations; providing for consideration of certain information; providing for public notice; providing for opportunity for certain presentation; and declaring an emergency.

HB 1291  By Newport. An Act relating to motor vehicles; prohibiting display of certain license plates by motor license agents; providing for codification; and providing an effective date.

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HB 1292  By Morgan (Fred). An Act relating to schools; amending 70 O.S. 2001, Section 3-118.1, as amended by Section 1, Chapter 446, O.S.L. 2002 (70 O.S. Supp. 2004, Section 3-118.1), which relates to budget and operations performance reviews; expanding eligibility for performance review program; authorizing certain governmental officials to request performance reviews; updating agency reference; stating responsibility for certain costs; requiring Education Oversight Board to select districts for review contingent on funding; directing Office of Accountability to provide certain assistance; and providing an effective date.

HB 1293  By Lamons. An Act relating to public health and safety; amending 63 O.S. 2001, Section 931, which relates to Board of Medicolegal Investigations; clarifying membership of Board; amending Section 5, Chapter 374, O.S.L. 2002, as amended by Section 2, Chapter 412, O.S.L. 2003 (63 O.S. Supp. 2004, Section 3240.3), which relates to Community Hospitals Authority; clarifying language; amending 63 O.S. 2001, Section 1-879.1, which relates to Alzheimer’s Research Advisory Council; clarifying membership of Council; and providing an effective date.

HB 1294  By Lamons. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 589, which relates to false reporting of a crime; prohibiting false report of missing child that activates early alert warning system; providing penalties; and providing an effective date.

HB 1295  By Lamons. An Act relating to children; amending 10 O.S. 2001, Section 7004-2.1, which relates to community-based services and care for deprived children; requiring certain subsidy payments; and providing an effective date.

HB 1296  By Lamons. An Act relating to militia; amending 44 O.S. 2001, Section 209, as last amended by Section 1, Chapter 212, O.S.L. 2003 (44 O.S. Supp. 2004, Section 209), which relates to leave of absence for public officers and employees; increasing the number of certain days counted as leave of absence; updating language; providing an effective date; and declaring an emergency.

HB 1297  By Lamons. An Act relating to motor vehicles; amending 47 O.S. 2001, Sections 1102, as last amended by Section 1, Chapter 534, O.S.L 2004, 1105, as last amended by Section 30, Chapter 519, O.S.L. 2004, 1113, as last amended by Section 4, Chapter 534, O.S.L. 2004, 1115, as last amended by Section 5, Chapter 534, O.S.L 2004, 1132 and 1151, as last amended by Section 27, Chapter 418, O.S.L. 2004 (47 O.S. Supp. 2004, Sections 1102, 1105, 1113, 1115 and 1151), which relate to vehicle registration; defining term; providing for certificates of title for all-terrain vehicles and certain motorcycles; providing exemption for certain owners; requiring certain vehicles be registered annually and providing registration dates and fees; providing exemption for certain owners; providing for placement of decal on Oklahoma vehicle; making registration optional for all-terrain vehicles and certain motorcycles purchased before certain date; providing for Second Legislative Day, Monday, February 07, 2005 151 apportionment of certain registration fees; deleting all-terrain vehicles and certain motorcycles from certain lists; amending 68 O.S. 2001, Sections 2101, 2102 and 2103, as amended by Section 2, Chapter 555, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2103), which relate to motor vehicle excise tax; modifying definitions and defining term; modifying apportionment of certain revenues; providing for levy of motor vehicle excise tax upon certain transfers of ownership; providing that tax not due upon issuance of certain certificates of title; and providing an effective date.

HB 1298  By Banz. An Act relating to counties and county officers; amending 19 O.S. 2001, Section 339, as last amended by Section 5, Chapter 5, O.S.L. 2004 (19 O.S. Supp. 2004, Section 339), which relates to general powers of the board of county commissioners; updating language; increasing monetary amount of safety-related incentive awards; and providing an effective date.

HB 1299  By Banz. An Act relating to revenue and taxation; amending 68 O.S. 2001, Sections 1205 and 1210, which relate to the Franchise Tax Code; increasing minimum threshold requirements for tax; increasing dollar amount for filing of minimum franchise tax form; providing for exemption; and providing an effective date.

HB 1300  By Banz. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1356, as last amended by Section 6, Chapter 535, O.S.L. 2004 (68 O.S. Supp. 2004, Section 1356), which relates to sales tax exemptions; providing exemption from state sales tax for certain nonprofit entities; providing an effective date; and declaring an emergency.

HB 1301  By Banz. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2358, as last amended by Section 14, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2358), which relates to adjustments to Oklahoma taxable income; providing exemption from taxable income for certain retirement benefits received in lieu of Social Security benefits; and providing an effective date.

HB 1302  By Young. An Act relating to fees; amending 20 O.S. 2001, Section 1313.2, as last amended by Section 1, Chapter 291, O.S.L. 2004 (20 O.S. Supp. 2004, Section 1313.2), which relates to certain penalties assessed in addition to fines in criminal cases; modifying distribution of certain assessment; amending 70 O.S. 2001, Section 3311.6, which relates to the C.L.E.E.T. Training Center Revolving Fund; expanding sources of revenue for the Fund; providing an effective date; and declaring an emergency.

HB 1303  By Trebilcock. An Act relating to children; amending 10 O.S. 2001, Section 7303-7.6, which relates to reimbursement of care, maintenance, costs, and expenses of child; modifying authority of court; modifying language; and providing an effective date.

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HB 1304  By Trebilcock. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 6-303, as last amended by Section 9, Chapter 390, O.S.L. 2004 (47 O.S. Supp, 2004, Section 6-303), which relates to driving while license is canceled, denied, suspended or revoked; prohibiting waiver of certain fine; amending 47 O.S. 2001, Sections 11-902, as last amended by Section 1, Chapter 548, O.S.L. 2004 and 11-902a (47 O.S. Supp. 2004, Section 11-902), which relate to persons under the influence of alcohol or other intoxicating substance; modifying requirements for ignition interlock device; requiring installation for certain period of time; specifying that Department of Public Safety shall not require installment of device on certain vehicles; providing for exceptions; requiring written permission; requiring compliance with certain laws; expanding scope of prohibited acts; and providing for an effective date.

HB 1305  By Askins. An Act relating to criminal procedure; amending 22 O.S. 2001, Section 1602, which relates to Domestic Violence Fatality Review Board; modifying membership of Board; and providing an effective date.

HB 1306  By Turner. An Act relating to economic development; enacting the Oklahoma Rural Economic Development Act of 2005; providing for noncodification; and providing an effective date.

HB 1307  By Turner. An Act relating to economic development; enacting the Oklahoma Rural Tourism Incentive Act of 2005; providing for noncodification; and providing an effective date.

HB 1308  By Turner. An Act relating to volunteer fire departments; enacting the Oklahoma Volunteer Fire Department Technical Amendments Act of 2005; providing for noncodification; and providing an effective date.

HB 1309  By Turner. An Act relating to poor persons; amending 56 O.S. 2001, Section 163.1, which relates to satellite meal sites; providing for certain notice; providing for certain funding requests; requiring certain written notice; providing right to appeal certain denial; providing for certain notice; and providing an effective date.

HB 1310  By Smithson. An Act relating to roads, bridges and ferries; designating certain bridge as the Rider Daugherty Memorial Bridge; directing placement of markers; providing for codification; and declaring an effective date.

HB 1311  By Smithson. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2351, which relates to the Oklahoma Income Tax Act; clarifying language; and providing an effective date.

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HB 1312  By McCarter. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1357, as last amended by Section 8, Chapter 535, O.S.L. 2004 (68 O.S. Supp. 2004, Section 1357), which relates to general sales tax exemptions; providing sales tax exemption for certain disabled veterans; providing an effective date; and declaring an emergency.

HB 1313  By McCarter. An Act relating to insurance; amending 36 O.S. 2001, Section 2801, as amended by Section 1, Chapter 21, O.S.L. 2004 (36 O.S. Supp. 2004, Section 2801), which relates to farmers’ mutual fire insurance associations; modifying requirements for formation of association; and providing an effective date.

HB 1314  By McCarter. An Act relating to pawnbrokers; amending 59 O.S. 2001, Section 1505, which relates to issuance and denial of license; requiring continuing education for license renewal; providing for hours and curriculum requirements; providing an effective date; and declaring an emergency.

HB 1315  By McCarter. An Act relating to cities and towns; amending 11 O.S. 2001, Section 11-123, which relates to political activity; modifying complaint procedures; and providing an effective date.

HB 1316  By Carey. An Act relating to public lands; amending 64 O.S. 2001, Section 51, which relates to investment of permanent school funds; modifying provisions related to investment of funds in certain foreign investments; and providing an effective date.

HB 1317  By Pruett. An Act relating to cities and towns; providing for posting of population signs by a certain date; specifying method for determining population; providing for codification; and providing an effective date.

HB 1318  By Ingmire. An Act relating to fingerprints; amending 51 O.S. 2001, Section 24A.5, which relates to inspection, copying, and mechanical reproduction of records; modifying certain exception for criminal history records of Oklahoma State Bureau of Investigation; amending 74 O.S. 2001, Section 150.12, as last amended by Section 2, Chapter 556, O.S.L. 2004 (74 O.S. Supp. 2004, Section 150.12), which relates to mandatory reporting of fingerprint and criminal history information; providing for the electronic transmittal of fingerprint images; and providing an effective date.

HB 1319  By Ingmire. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2103, as amended by Section 2, Chapter 555, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2103), which relates to vehicle excise tax; prohibiting the charging of certain assessments on 154 House Journal vehicles previously registered with tribal government; providing an effective date; and declaring an emergency.

HB 1320  By Shoemake. An Act relating to environment and natural resources; amending 27A O.S. 2001, Section 2-6-102, which relates to water quality; clarifying language; and providing an effective date.

HB 1321  By Nance. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 205, as amended by Section 2, Chapter 303, O.S.L. 2004 (68 O.S. Supp. 2004, Section 205), which relates to Uniform Tax Procedure Code; providing for exception from application of certain prohibitions on the release of information; adding entity to list of organizations eligible to request certain information; allowing for inspection of certain tax records or files by certain entity; and providing an effective date.

HB 1322  By Plunk and Kiesel. An Act relating to the Oklahoma Charity Games Act; amending 3A O.S. 2001, Section 421, as amended by Section 1, Chapter 330, O.S.L. 2004 (3A O.S. Supp. 2004, Section 421), which relates to taxes levied on charity game items; expanding exemption from taxation; providing an effective date; and declaring an emergency.

HB 1323  By Young. An Act relating to small business; enacting the Oklahoma Small Business Regulatory Flexibility Amendments Act of 2005; providing for noncodification; and providing an effective date.

HB 1324  By Young. An Act relating to roads, bridges and ferries; requiring the Department of Transportation to request certain study; requiring copies of results of study be submitted to certain persons; and providing for codification.

HB 1325  By Young. An Act relating to driving under the influence of alcohol; amending 21 O.S. 2001, Section 715, which relates to manslaughter in the first degree; providing penalty for driving under the influence of alcohol or other intoxicating substance; amending 47 O.S. 2001, Section 11-902, as last amended by Section 1, Chapter 548, O.S.L. 2004 (47 O.S. Supp. 2004, Section 11-902), which relates to persons under the influence of alcohol or other intoxicating substance; modifying penalties; and providing an effective date.

HB 1326  By McCarter. An Act relating to schools; amending 70 O.S. 2001, Sections 6-204.1, as amended by Section 22, Chapter 434, O.S.L. 2003 and 6-204.2, as last amended by Section 23, Chapter 434, O.S.L. 2003 (70 O.S. Supp. 2004, Sections 6-204.1 and 6-204.2), which relate to the Education Leadership Oklahoma Act; modifying certain definitions; deleting certain classroom requirement; modifying requirement for bonus; providing an effective date; and declaring an emergency. Second Legislative Day, Monday, February 07, 2005 155

HB 1327  By Askins. An Act relating to public health and safety; amending 63 O.S. 2001, Section 1-702b, as last amended by Section 1, Chapter 431, O.S.L. 2004 (10 O.S. Supp. 2004, Section 1-702b), which relates to hospitals and related institutions; extending certain deadlines; amending Section 2, Chapter 431, O.S.L. 2004, (63 O.S. Supp. 2004, Section 1-702d), which relates to Uncompensated Care Equalization Committee; modifying date for submission of recommendations to the Legislature; and providing an effective date.

HB 1328  By McDaniel. An Act relating to boating safety; amending 63 O.S. 2001, Section 4208, which relates to noise control equipment and noise levels; modifying muffler requirements; prohibiting manufacture, sale, or operation of motorboat that exceeds certain noise levels; prohibiting removal, alteration, or modification of muffler under certain circumstances; providing exceptions; prohibiting manufacture or sale of motorboat with muffler under certain circumstances; providing an exception; requiring certain documentation for exception; requiring copies of agreement be maintained by certain parties; requiring certificate of decibel level compliance by manufacturer upon request; requiring purchaser to sign certain acknowledgement; requiring certain affidavit from dealer; providing an exception for certain events or manufacturer testing or development; authorizing the enforcement of noise level restriction by peace officers; providing certain amount of time to comply with noise level requirements; requiring owner to moor the motorboat until compliant; allowing issuance of citations during compliance period; requiring peace officer to obtain qualification in motorboat noise testing; providing penalty; designating where noise level restrictions apply; providing an exception; defining term; and providing an effective date.

HB 1329  By Reynolds. An Act relating to records and technology; amending 51 O.S. 2001, Section 24A.5, which relates to the Oklahoma Open Records Act; modifying duty and procedure for a public body to respond to a request for a public record; clarifying availability of records for copying or reproduction; amending 62 O.S. 2001, Section 41.5q, which relates to convenience fees for electronic/on-line transactions; requiring convenience fees to be applied to certain costs; and providing an effective date.

HB 1330  By Reynolds. An Act relating to the Corporation Commission; repealing 17 O.S. 2001, Sections 41, 42, 43, 44, 45, 46 and 47, which relate to cotton gins; and declaring an emergency.

HB 1331  By Reynolds. An Act relating to revenue and taxation; providing tax credit for certain sales by business to state; limiting amount of credit; allowing Tax Commission to prescribe forms; defining term; amending 68 O.S. 2001, Section 5013, which relates to sales tax relief; modifying requirement related to filing of claim for refund; and providing an effective date.

HB 1332  By Reynolds. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 6-110, as last amended by Section 9, Chapter 418, O.S.L. 2004 (47 O.S. Supp. 2004, Section 6-110), which relates to examination of driver license applicants; authorizing certain instructors to 156 House Journal administer driving examinations under certain circumstances; and providing an effective date.

HB 1333  By Reynolds. An Act relating to public retirement systems; enacting the Oklahoma Elected Official Retirement Benefit Adjustment Act of 2005; providing for noncodification; providing an effective date; and declaring an emergency.

HB 1334  By Richardson. An Act relating to professions and occupations; amending 59 O.S. 2001, Sections 698.12, as amended by Section 3, Chapter 172, O.S.L. 2002, 698.16 and 698.22, as amended by Section 6, Chapter 172, O.S.L. 2002 (59 O.S. Supp. 2004, Sections 692.12 and 698.22), which relate to the Oklahoma Veterinary Practice Act; clarifying certain prohibited actions; modifying certain notice requirements; requiring veterinary technicians to renew registration; authorizing the State Board of Veterinary Medical Examiners to establish certain fee by rule; and providing an effective date.

HB 1335  By Wesselhoft. An Act relating to revenue and taxation; repealing 68 O.S. 2001, Sections 801, 802, 802.1, 803, 804, 805, as amended by Section 5, Chapter 458, O.S.L. 2002, 806, 807, as amended by Section 11, Chapter 472, O.S.L. 2003, 808, 809, 810, 811, as amended by Section 2, Chapter 535, O.S.L. 2004, 812, 813, 814, 815, as last amended by Section 3, Chapter 535, O.S.L. 2004, 815.1, 816, 816.1, 817, 818, 819, 820, 821, 822, 823, 824 and 825 (68 O.S. Supp. 2004, Sections 805, 807, 811 and 815), which relate to the imposition and collection of a tax on the estate of a decedent; and providing an effective date.

HB 1336  By Wesselhoft. An Act relating to public health and safety; requiring reporting of certain pregnancies by physicians; providing for codification; and providing an effective date.

HB 1337  By Covey. An Act relating to professions and occupations; amending 59 O.S. 2001, Sections 328.3, as amended by Section 1, Chapter 172, O.S.L. 2003, 328.15, as amended by Section 2, Chapter 172, O.S.L. 2003, 328.27, 328.43a, as amended by Section 7, Chapter 172, O.S.L. 2003 and 328.44a, as amended by Section 8, Chapter 172, O.S.L. 2003 (59 O.S. Supp. 2004, Sections 328.3, 328.15, 328.43a and 328.44a), which relate to the State Dental Act; adding definitions; modifying faculty permits; providing for revocation or suspension of certain professions; modifying complaints process; modifying penalties; making certain information confidential; providing for surrender of license or permit; providing for certain retirement transfers; providing for codification; and providing an effective date.

HB 1338  By Covey. An Act relating to motor vehicles; providing for licensing for certain promoters; providing for certain conditions; providing for licensing of certain manufacturers and dealers for certain promotions; providing for special license; providing fee amounts; providing for the deposit of certain fees; providing certain exception under certain circumstances; providing certain promoter requirements for participation; providing for Second Legislative Day, Monday, February 07, 2005 157 applicability of the act to dealers; providing for certain exclusion to excise tax; providing for codification; and providing an effective date.

HB 1339  By Covey. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1357, as last amended by Section 8, Chapter 535, O.S.L. 2004 (68 O.S. Supp. 2004, Section 1357), which relates to general sales tax exemptions; exempting sales of hearing aids from sales tax; providing an effective date; and declaring an emergency.

HB 1340  By Covey. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2358, as last amended by Section 14, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2358), which relates to adjustments to Oklahoma taxable income; modifying standard deductions from income tax; and providing an effective date.

HB 1341  By Jackson. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 1835, which relates to trespass on posted property; increasing fine; and providing an effective date.

HB 1342  By Cox. An Act relating to revenue and taxation; authorizing tax credit equal to loan payments made for educational debt; increasing amount of limit of credit based on each year repayment of debt is made; providing for eligibility for credit; requiring individual to be resident of Oklahoma; prohibiting claiming of credit if individual leaves state; requiring person to be current on payments to be eligible; authorizing Oklahoma Tax Commission to prescribe forms to claim credit; defining term; authorizing tax credit for amount of salary paid to employee by employer; limiting amount of credit; limiting duration of credit; reducing amount of credit under certain circumstances; limiting total amount of credit; authorizing Oklahoma Tax Commission to prescribe forms to claim credit; defining term; providing for codification; and providing an effective date.

HB 1343  By Cox. An Act relating to court-appointed special advocates; amending 28 O.S. 2001, Section 153, as last amended by Section 4, Chapter 525, O.S.L. 2004 (28 O.S. Supp. 2004, Section 153), which relates to costs in criminal cases; assessing certain fee; directing deposit of certain fee; creating Court-Appointed Special Advocates Revolving Fund; stating purpose of revolving fund; allowing expenditures from fund for certain purposes; requiring approval for expenditures; providing for codification; and providing an effective date.

HB 1344  By Banz and Blackwell of the House and Crutchfield of the Senate. An Act relating to schools; amending 70 O.S. 2001, Section 18-200.1, as last amended by Section 2, Chapter 533, O.S.L. 2004 (70 O.S. Supp. 2004, Section 18-200.1), which relates to the State Aid Formula; providing a carryover amount option for certain school districts; defining certain term; providing an effective date; and declaring an emergency.

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HB 1345  By Sullivan. An Act relating to jails; amending 21 O.S. 2001, Section 533, as amended by Section 1, Chapter 199, O.S.L. 2003 (21 O.S. Supp. 2004, Section 533), which relates to refusing to receive prisoners; providing an exception; amending Section 3, Chapter 199, O.S.L. 2003 (22 O.S. Supp. 2004, Section 190.1), which relates to custody of person arrested without warrant for nonbailable offense; providing an exception; amending 22 O.S. 2001, Section 459, as amended by Section 4, Chapter 199, O.S.L. 2003 (22 O.S. Supp. 2004, Section 459), which relates to defendant held for nonbailable offense; providing an exception; amending 22 O.S. 2001, Section 1115.2, which relates to posting bail after release on personal recognizance; providing for the refusal of custody under certain circumstance; and providing an effective date.

HB 1346  By Sullivan. An Act relating to the Small Claims Procedure Act; amending 12 O.S. 2001, Section 1759, which relates to claims, counterclaims and setoffs in excess of a certain amount; modifying amount; and declaring an emergency.

HB 1347  By Terrill. An Act relating to public health and safety; creating the Oklahoma Seniors Pharmacy Assistance Act; providing short title; defining terms; establishing Oklahoma Seniors Pharmacy Assistance Program; authorizing Department of Human Services to promulgate rules; defining eligibility; requiring Department of Human Services to provide certain assistance; providing for certain reimbursements and copayments; providing for certain denials; providing for certain appeals; providing for certain exceptions; restricting eligibility; providing for certain notifications by applicants; providing for certain reimbursements; authorizing Department of Human Services to recover certain costs; authorizing filing of suit; authorizing awards of judgment and certain costs; allowing Department of Human Services to receive certain monies; requiring promulgation of certain rules; requiring certain reports; providing for appropriations; providing for suspension; providing for codification; and providing an effective date.

HB 1348  By Terrill. An Act relating to workers’ compensation; requiring certain reports be confidential for certain period of time; stating exceptions; providing punishment; prohibiting certain examination of specific record; authorizing certain oath; providing penalty for certain act; defining term; providing for codification; and providing an effective date.

HB 1349  By Terrill. An Act relating to state government; amending 74 O.S. 2001, Section 150.21, as amended by Section 3, Chapter 42, O.S.L. 2002 (74 O.S. Supp. 2004, Section 150.21), which relates to legal division of State Bureau of Investigation; modifying authority to employ additional attorneys; amending 74 O.S. 2001, Section 840-2.20, as last amended by Section 1, Chapter 401, O.S.L. 2004 (74 O.S. Supp. 2004, Section 840-2.20), which relates to leave benefits; removing certain discretion of appointing authority; modifying annual leave accumulation requirements; and providing an effective date.

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HB 1350  By Staggs. An Act relating to State Department of Rehabilitation Services; amending 10 O.S. 2001, Section 1419, as amended by Section 1, Chapter 93, O.S.L. 2003 (10 O.S. Supp. 2004, Section 1419), which relates to administration and personnel; modifying salary levels; repealing 56 O.S. 2001, Section 329, which relates to Section of Services to the Blind; repealing 70 O.S. 2001, Section 1745, which relates to operation of Rehabilitation Center for Deaf People; and providing an effective date.

HB 1351  By Wright. An Act relating to the Compulsory Insurance Law; amending 47 O.S. 2001, Section 7- 608, which relates to notice to the Department of Public Safety of termination of vehicle liability policies; requiring insurance carriers to include certain information in notice to the Department; requiring the Department of Public Safety to establish a secure website with certain information; requiring website to be accessible through the use of a password to insurance carriers and law enforcement; and providing an effective date.

HB 1352  By Wright. An Act relating to marriage and family; requiring certain parties to obtain marriage counseling prior to filing a petition for dissolution of a marriage or for a legal separation; providing qualifications of counselor; providing form; providing procedures for submission; prohibiting certain filings; providing for costs; providing for codification; and providing an effective date.

HB 1353  By McCarter. An Act relating to economic development; enacting the Oklahoma Quality Investment Act; stating legislative intent; defining terms; authorizing certain establishments to enter into Quality Investment agreements; specifying duration of agreement; specifying period for certain payments; stating method for computation of payments; authorizing certain analyses by or on behalf of Oklahoma Department of Commerce; imposing limitation upon investment payments; authorizing participation by certain political subdivisions; prescribing procedures for eligibility; prescribing requirements for eligible establishments; creating Quality Investment Payment Fund; providing for deposit of certain revenues; prescribing amount of revenues deposited; prescribing use of revenues; limiting liability based upon certain fund balance; prescribing procedures related to claims for investment payments; providing for reduction of payment amount based upon certain investment activity; imposing limitation upon time period for filing claim; requiring verification by Oklahoma Tax Commission; authorizing requests for additional information; providing for cessation of investment payments under certain circumstances; providing for applicability of provisions governing payments; imposing restriction related to additional incentive payments; providing for issuance of warrants; imposing restrictions related to eligibility for certain tax or other incentives based upon receipt of investment payments pursuant to Oklahoma Quality Investment Act; providing for promulgation of rules; prohibiting certain conduct related to claims and reports; authorizing punishment for criminal offenses; amending 25 O.S. 2001, Section 307, as amended by Section 1, Chapter 175, O.S.L. 2003 (25 O.S. Supp. 2004, Section 307), which relates to the Oklahoma Open Meeting Act; modifying provision related to executive sessions; modifying authority for sessions based upon efforts related to business location; authorizing executive sessions for the Quality Investment Committee; amending Sections 1, 3 and 5, Chapter 391, O.S.L. 2004 (68 O.S. 160 House Journal

Supp. 2004, Sections 4101, 4103 and 4105), which relate to the Oklahoma Quality Investment Act; modifying short title; modifying references; providing for codification; providing an effective date; and declaring an emergency.

HB 1354  By Jones. An Act relating to the Teachers’ Retirement System of Oklahoma; amending 70 O.S. 2001, Section 17-116.10, as last amended by Section 4, Chapter 315, O.S.L. 2004 (70 O.S. Supp. 2004, Section 17-116.10), which relates to post-retirement earnings limitations; modifying provisions related to authorized post-retirement earnings for certain retired members; providing for payment of contributions; disallowing service credit; authorizing credit for certain contributions for purposes of minimum salary; prohibiting retired members compensated pursuant to certain provisions from acquiring tenure; providing an effective date; and declaring an emergency.

HB 1355  By Denney. An Act relating to public health and safety; amending 63 O.S. 2001, Section 1-914.2, as amended by Section 8, Chapter 230, O.S.L. 2002 (63 O.S. Supp. 2004, Section 1- 1914.2), which relates to placement of temporary nursing home managers; modifying time limit for certain hearings; modifying certain expenditures; providing for violations of the Oklahoma Nursing Home Care Act; providing for promulgation of certain rules; providing for certain uses of certain funds; providing for liens against certain assets; providing for certain documentation and final accounting; limiting extensions of final accounting; providing for certain court filings; authorizing Commissioner to institute certain legal proceedings; providing for certain procedures for legal proceedings; providing for certain liability for temporary managers; and providing an effective date.

HB 1356  By Kern. An Act relating to schools; amending 70 O.S. 2001, Section 24-101.3, as amended by Section 1, Chapter 182, O.S.L. 2003 (70 O.S. Supp. 2004, Section 24-101.3), which relates to out-of-school suspensions; modifying circumstances under which a school district may provide certain education plans; providing for certain grade for students suspended for certain reason; providing an effective date; and declaring an emergency.

HB 1357  By Terrill. An Act relating to education; amending Section 14, Chapter 58, O.S.L. 2003 (3A O.S. Supp. 2004, Section 713), which relates to the Oklahoma Education Lottery Trust Fund; modifying distribution of monies in the Oklahoma Education Lottery Trust Fund; amending 70 O.S. 2001, Sections 2603, as amended by Section 1, Chapter 293, O.S.L. 2002 and 2605, as amended by Section 1, Chapter 134, O.S.L. 2003 (70 O.S. Supp. 2004, Sections 2603 and 2605), which relate to the Oklahoma Higher Learning Access Program; modifying eligibility requirements; allowing eligibility for students in certain home-based educational programs; modifying public awareness and participation requirements; and declaring an emergency.

HB 1358  By Wilt. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2358, as last amended by Section 14, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2358), Second Legislative Day, Monday, February 07, 2005 161 which relates to income tax adjustments; exempting certain retirement benefits from taxable income; specifying taxable years for which exemption allowed; providing certain limitations; and providing an effective date.

HB 1359  By Wilt. An Act relating to the Corporation Commission; amending 17 O.S. 2001, Section 354, as last amended by Section 1, Chapter 371, O.S.L. 2002 (17 O.S. Supp. 2004, Section 354), which relates to the underground storage tank exemption; exempting certain owners from certain assessments; providing for Underground Storage Tank Fee Exemption Certificates; providing for process for Fee Exemption Certificate; providing for applications; providing for issuance of certificate; specifying certain restrictions; prohibiting certain acts; specifying certain penalties; providing for codification; and providing an effective date.

HB 1360  By Case. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 582, as last amended by Section 1, Chapter 229, O.S.L. 2003 (47 O.S. Supp. 2004, Section 582), which relates to used motor vehicle and parts dealers; modifying membership of the Used Motor Vehicle and Parts Commission; and providing an effective date.

HB 1361  By Case. An Act relating to contracts; enacting the Homeowner Construction Defect Protection Act; providing definitions; providing notice procedure; specifying method for contractor response; specifying method for purchaser response; authorizing contractor to make inspection upon request; providing certain options for remedy; enumerating certain items as inadmissible as evidence; providing limitation of liability; providing limitation on damages; allowing the recovery of certain fees under certain circumstances; providing for extension of time periods by written agreement; declaring the Homeowner Construction Defect Protection Act procedures as an exclusive remedy; prohibiting the extension of certain limitation periods; providing limitation of the Homeowner Construction Defect Protection Act on certain rights of a contractor; specifying procedures for defects discovered after initial claim; providing effect of compliance; providing for codification; and providing an effective date.

HB 1362  By Case. An Act relating to state government; amending 74 O.S. 2001, Section 1370, as last amended by Section 3, Chapter 405, O.S.L. 2004 (74 O.S. Supp. 2004, Section 1370), which relates to flexible benefit allowance; modifying provisions related to purchase of benefits by certain persons; providing for applicability of flexible benefit allowance amount based upon certain election; and providing an effective date.

HB 1363  By Case. An Act relating to counties and county officers; amending 19 O.S. 2001, Section 956.2, which relates to certain county retirement plans; modifying provisions related to vesting; modifying provisions based upon date of hire; and providing an effective date.

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HB 1364  By Case. An Act relating to amusements and sports; amending 3A O.S. 2001, Section 601, which relates to the Oklahoma Professional Boxing Licensing Act; clarifying reference; and providing an effective date.

HB 1365  By Case. An Act relating to professions and occupations; amending 59 O.S. 2001, Section 475.11, which relates to registration of engineers; updating language; and providing an effective date.

HB 1366  By Case. An Act relating to the Oklahoma Chiropractic Practice Act; amending 59 O.S. 2001, Section 161.16, as amended by Section 11, Chapter 269, O.S.L. 2004 (59 O.S. Supp. 2004, Section 161.16), which relates to the Chiropractic Education Scholarship Program; clarifying administration of scholarship program; and providing an effective date.

HB 1367  By Case. An Act relating to cities and towns; amending 11 O.S. 2001, Section 17-201, which relates to the Municipal Budget Act; updating language; and providing an effective date.

HB 1368  By Case. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 500.1, which relates to the Motor Fuel Tax Code; clarifying language; and providing an effective date.

HB 1369  By Case. An Act relating to counties and county officers; amending 19 O.S. 2001, Section 545, which relates to under-sheriffs, deputies, jailers and bailiffs; updating language; and providing an effective date.

HB 1370  By Case. An Act relating to counties and county officers; amending 19 O.S. 2001, Section 521, which relates to sheriffs; updating language; and providing an effective date.

HB 1371  By Case. An Act relating to cities and towns; amending 11 O.S. 2001, Section 31-103, which relates to libraries; updating language; and providing an effective date.

HB 1372  By Wright. An Act relating to boards of education; amending 26 O.S. 2001, Section 13A-105, as amended by Section 7, Chapter 369, O.S.L. 2004 (26 O.S. Supp. 2004, Section 13A-105), which relates to school board declarations of candidacy; clarifying candidate filing dates for regular elections; providing candidate filing dates for special elections; amending 26 O.S. 2001, Section 13A-110, which relates to vacancies on boards of education; modifying procedure for filling school board vacancies; specifying process; providing an effective date; and declaring an emergency.

Second Legislative Day, Monday, February 07, 2005 163

HB 1373  By Billy. An Act relating to elections; amending 26 O.S. 2001, Sections 7-114 and 14-115.4, as last amended by Section 8, Chapter 307, O.S.L. 2004 (26 O.S. Supp. 2004, Section 14- 115.4), which relate to voting; requiring presentment of proof of identity when voting; providing for proof of identity; allowing persons without proof of identity to vote and providing procedure therefor; providing penalty for false statements; and providing an effective date.

HB 1374  By Deutschendorf. An Act relating to science and technology; enacting the Oklahoma Technology and Research Development Improvement Fund Act; providing for noncodification; providing an effective date; and declaring an emergency.

HB 1375  By McCarter. An Act relating to state government; enacting the Oklahoma International Trade Show Assistance Act; providing for certain matching payment to eligible business entities; stating purpose of matching payment; requiring certain approval; authorizing administrative rules; providing for codification; providing an effective date; and declaring an emergency.

HB 1376  By Jackson. An Act relating to game and fish; amending 29 O.S. 2001, Section 4-112, as last amended by Section 1, Chapter 284, O.S.L. 2004 (29 O.S. Supp. 2004, Section 4-112), which relates to hunting licenses; changing termination date of hunting licenses; and providing an effective date.

HB 1377  By Jackson. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2902, as last amended by Section 11, Chapter 447, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2902), which relates to an exemption for certain qualifying manufacturing concerns; modifying certain population limits; and providing an effective date.

HB 1378  By Liebmann. An Act relating to elections, amending 26 O.S. 2001, Section 3-101, as amended by Section 5, Chapter 485, O.S.L. 2003 and Section 18, Chapter 545, O.S.L. 2004 (26 O.S. Supp. 2004, Sections 3-101 and 13-101.1), which relate to scheduling elections; modifying months for holding special elections; specifying when certain special elections shall be held; modifying required time-period between municipal primary and general elections; providing an effective date; and declaring an emergency.

HB 1379  By Piatt. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 1167, as amended by Section 1, Chapter 179, O.S.L. 2003 (21 O.S. Supp. 2004, Section 1167), which relates to injury to cemetery or tomb; modifying penalty; and providing an effective date.

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HB 1380  By Piatt and Balkman. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 886, as amended by Section 8, Chapter 460, O.S.L. 2002 (21 O.S. Supp. 2004, Section 886), which relates to crime against nature; making certain persons ineligible for probation, suspended, or deferred sentences; 21 O.S. 2001, Section 888, as amended by Section 9, Chapter 460, O.S.L. 2002 (21 O.S. Supp. 2004, Section 888), which relates to forcible sodomy; modifying age references for punishment of subsequent offenses; expanding scope of crime; amending 21 O.S. 2001, Section 1111, as amended by Section 9, Chapter 22, O.S.L. 2002 (21 O.S. Supp. 2004, Section 1111), which relates to rape; expanding definition of rape; and providing an effective date.

HB 1381  By Brown. An Act relating to revenue and taxation; providing exemption from tax for use of diesel fuel by certain persons; providing for payment of fee in lieu of tax; liming amount of fuel exempt; requiring for application for decal; providing for annual expiration of decal; prohibiting transfer of decal; providing penalties for late payment of fee; defining term; providing for codification; and providing an effective date.

HB 1382  By Brown. An Act relating to revenue and taxation; providing tax credit for purchase or construction of dry fire hydrants; limiting amount of credit; providing qualifications for dry fire hydrants; prohibiting credit from exceeding tax liability; providing for carryover of credit; requiring promulgation of rules; defining term; providing for codification; and providing an effective date.

HB 1383  By Brown. An Act relating to schools; amending 70 O.S. 2001, Section 18-200.1, as last amended by Section 2, Chapter 533, O.S.L. 2004 (70 O.S. Supp. 2004, Section 18-200.1), which relates to the State Aid Formula; changing certain reporting requirements; providing an effective date; and declaring an emergency.

HB 1384  By Smaligo. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2902, as last amended by Section 11, Chapter 447, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2902), which relates to an exemption for certain qualified manufacturing concerns; authorizing exemption for certain oil refineries; and providing an effective date.

HB 1385  By Smaligo. An Act relating to state government; amending 74 O.S. 2001, Section 840-5.5, as last amended by Section 1, Chapter 462, O.S.L. 2004 (74 O.S. Supp. 2004, Section 840-5.5), which relates to the Oklahoma Personnel Act; modifying positions in the unclassified service; and declaring an emergency.

HB 1386  By Smaligo. An Act relating to corporations; amending 18 O.S. 2001, Section 438.6, which relates to telephone cooperative corporations; updating language; and providing an effective date.

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HB 1387  By Morrissette. An Act relating to crimes and punishments; establishing the Oklahoma Anti-Gang Task Force; providing for membership; providing for appointment of chair and vice-chair; providing for travel reimbursement; providing for administrative support; providing for duties; requiring certain report to Governor and Legislature; providing for noncodification; and declaring an emergency.

HB 1388  By Morrissette. An Act relating to domestic violence; amending 12 O.S. 2001, Section 1633, which relates to change of name; providing exception for publication of notice for domestic violence victims; amending 43 O.S. 2001, Section 109, which relates to awarding custody of children; providing for determination of domestic violence; amending 43 O.S. 2001, Section 111.1, which relates to minimum visitation; providing for visitation of domestic violence victims; amending Section 8, Chapter 400, O.S.L. 2002 (43 O.S. Supp. 2004, Section 112.3), which relates to notice of change of residence; providing for finding of domestic violence; and providing an effective date.

HB 1389  By Morrissette. An Act relating to public health and safety; creating the Oklahoma Drug Price Disclosure Act; defining terms; providing for certain reports; providing for certain calculations; describing certain methodologies; providing for certification; providing for confidentiality; creating exceptions to confidentiality; providing for violations; providing for prosecution by the Attorney General; amending 15 O.S. 2001, Section 753, as last amended by Section 2, Chapter 61, O.S.L. 2003 (15 O.S. Supp. 2004, Section 753), which relates to Oklahoma Consumer Protection Act; expanding unlawful practices; providing for codification; and providing an effective date.

HB 1390  By Brannon. An Act relating to schools; amending 70 O.S. 2001, Section 6-189, as last amended by Section 83, Chapter 5, O.S.L. 2004 (70 O.S. Supp. 2004, Section 6-189), which relates to licensure and certification; modifying requirements for alternative certification for superintendent of schools and principal; setting duration of certificate; providing an effective date; and declaring an emergency.

HB 1391  By Benge. An Act relating to state government; amending 74 O.S. 2001, Sections 1362, 1363, 1365, as last amended by Section 2, Chapter 405, O.S.L. 2004, 1366.2, as amended by Section 3, Chapter 489, O.S.L. 2002 and 1371, as last amended by Section 1, Chapter 414, O.S.L. 2004 (74 O.S. Supp. 2004, Sections 1365, 1366.2 and 1371), which relate to the Oklahoma State Employees Benefits Act; expanding list of benefit providers; updating definition; expanding list of entities that can perform certain functions; providing for distribution of certain information; eliminating prohibition on Employee Benefits Council from offering other indemnity health plans; expanding list of entities covered in act; deleting obsolete language; and declaring an emergency.

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HB 1392  By Pruett. An Act relating to state government; requiring state agencies to consider certain factors when deciding to purchase or lease real property for certain purposes; providing for codification; and providing an effective date.

HB 1393  By Kern. An Act relating to schools; amending 70 O.S. 2001, Section 10-106, which relates to records of attendance of students; clarifying statutory language; prohibiting the award of credit for missed work to students absent without excuse; providing an effective date; and declaring an emergency.

HB 1394  By Ellis. An Act relating to firearms; amending 21 O.S. 2001, Section 1290.22, as amended by Section 2, Chapter 39, O.S.L. 2004 (21 O.S. Supp. 2004, Section 1290.22), which relates to business owner’s rights; deleting prohibition against establishment of certain policy; stating legislative intent; providing for cause of action and recovery of damages and costs; and providing an effective date.

HB 1395  By Ellis. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 751, as last amended by Section 2, Chapter 548, O.S.L. 2004 (47 O.S. Supp. 2004, Section 751), which relates to implied consent to breath and blood testing; requiring law enforcement officer to provide certain information; and providing an effective date.

HB 1396  By Ellis. An Act relating to game and fish; amending 29 O.S. 2001, Section 4-114, as last amended by Section 4, Chapter 513, O.S.L. 2004 (29 O.S. Supp. 2004, Section 4-114), which relates to lifetime hunting and fishing licenses; providing for a lifetime trout license for any person purchasing certain lifetime licenses; amending 29 O.S. 2001, Section 4-120, as last amended by Section 6, Chapter 287, O.S.L. 2003 (29 O.S. Supp. 2004, Section 4- 120), which relates to the trout license; exempting persons with a lifetime trout license from trout licensing requirements; repealing 29 O.S. 2001, Section 4-114, as last amended by Section 2, Chapter 284, O.S.L. 2004 (29 O.S. Supp. 2004, Section 4-114), which relates to lifetime hunting and fishing licenses; providing an effective date; and declaring an emergency.

HB 1397  By Braddock. An Act relating to revenue and taxation; amending 68 O.S. 2001, Sections 2357.61, as amended by Section 1, Chapter 508, O.S.L. 2004, 2357.62, as amended by Section 2, Chapter 508, O.S.L. 2004, 2357.63, as amended by Section 3, Chapter 508, O.S.L. 2004, 2357.72, as amended by Section 4, Chapter 508, O.S.L. 2004, 2357.73, as amended by Section 5, Chapter 508, O.S.L. 2004 and Section 2357.74, as amended by Section 6, Chapter 508, O.S.L. 2004 (68 O.S. Supp. 2004, Sections 2357.61, 2357.62, 2357.63, 2357.72, 2357.73 and 2357.74), which relate to the Small Business Capital Formation Incentive Act and the Rural Venture Capital Formation Incentive Act; modifying definitions; authorizing certain credits to be claimed against gross production tax; specifying time as of which credits may be claimed; authorizing credits to be claimed based Second Legislative Day, Monday, February 07, 2005 167 upon investments in certain projects; providing for applicability of credit amounts after computation and allowance of certain other credits; providing for retrospective effect of certain provisions; and providing an effective date.

HB 1398  By Covey. An Act relating to revenue and taxation; authorizing tax credits for certain biodiesel facilities; providing for transferability of credit; defining terms; specifying amount of tax credits; providing procedures; setting certain limitations; providing for applications; specifying certain duties of Oklahoma Tax Commission; amending 74 O.S. 2001, Sections 130.2 and 130.8, which relate to alternative fuels; modifying definitions; adding biodiesel to list of nonregulated fuels in state; providing for codification; providing an effective date; and declaring an emergency.

HB 1399  By Thompson. An Act relating to elections; amending 26 O.S. 2001, Section 12-101, as amended by Section 1, Chapter 380, O.S.L. 2002 (26 O.S. Supp. 2004, Section 12-101), which relates to vacancies in Congress; providing for temporary appointment of United States Senators in certain circumstances; and declaring an emergency.

HB 1400  By Thompson. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 15-112, as last amended by Section 1, Chapter 121, O.S.L. 2004 (47 O.S. Supp. 2004, Section 15-112), which relates to physical disability temporary placard; allowing issuance of placard by authorized motor license agencies; and providing an effective date.

HB 1401  By Thompson. An Act relating to prisons and reformatories; amending 57 O.S. 2001, Section 37, as amended by Section 3, Chapter 239, O.S.L. 2004 (57 O.S. Supp. 2004, Section 37), which relates to facilities reaching maximum capacity; authorizing transmittal of court minute order; and providing an effective date.

HB 1402  By Thompson. An Act relating to police departments; amending 11 O.S. 2001, Section 34-104, as amended by Section 1, Chapter 91, O.S.L. 2003 (11 O.S. Supp. 2004, Section 34-104), which relates to disposition of personal property, money, or legal tender; allowing for the disposal of property by Internet or other means deemed appropriate; and providing an effective date.

HB 1403  By Thompson. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 11-902, as last amended by Section 1, Chapter 548, O.S.L. 2004 (47 O.S. Supp. 2004, Section 11-902), which relates to persons under the influence of alcohol or other intoxicating substance; modifying age limitation for certain offense; providing exception; providing penalty; and providing an effective date.

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HB 1404  By Cargill. An Act relating to marriage and family; amending 28 O.S. 2001, Section 31, as last amended by Section 1, Chapter 288, O.S.L. 2004 (28 O.S. Supp. 2004, Section 31), which relates to fees of court clerks; deleting certain service fees charged and collected by court clerks; amending 43 O.S. 2001, Section 5, which relates to applications of marriage; eliminating certain fee for obtaining a marriage license under certain circumstances; amending 43 O.S. 2001, Section 5.1, which relates to premarital counseling; prohibiting the charge or collection of marriage license fee under certain circumstances; and providing an effective date.

HB 1405  By Young. An Act relating to juveniles; amending 10 O.S. 2001, Sections 7303-4.6, as amended by Section 4, Chapter 473, O.S.L. 2002 and 7303-5.5 (10 O.S. Supp. 2004, Section 7303- 4.6), which relate to juvenile adjudication proceedings; adding juvenile drug court as option; modifying definitions; providing for certain hearings; providing for certain requests and consents; providing for objections; providing for certain denials; prohibiting certain treatment of juveniles; providing for juvenile drug court investigation; providing for certain evidence; providing for certain photographic records; establishing final eligibility hearing; providing for acceptance into program; defining duration of participation; providing for certain progress reports; providing for revocation; providing for certain judicial discretion; establishing costs and fees; amending 63 O.S. 2001, Section 2-503.2, as last amended by Section 3, Chapter 437, O.S.L. 2003 (63 O.S. Supp. 2004, Section 2-503.2), which relates to assessment for violation of Uniform Controlled Dangerous Substances Act; providing for collection of certain funds for drug court and juvenile drug court; providing for codification; and providing an effective date.

HB 1406  By Young. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 3603, as last amended by Section 1, Chapter 457, O.S.L. 2004 (68 O.S. Supp. 2004, Section 3603), which relates to the Oklahoma Quality Jobs Program Act; modifying definitions; providing an effective date; and declaring an emergency.

HB 1407  By Askins. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 809, which relates to deduction for estate tax purposes; modifying persons entitled to deduct certain value from net estate; and providing an effective date.

HB 1408  By Shoemake. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2817, as last amended by Section 2, Chapter 431, O.S.L. 2003 (68 O.S. Supp. 2004, Section 2817), which relates to valuation and assessment of property; restricting computation of certain land to certain criteria; and providing an effective date.

HB 1409  By Wright. An Act relating to educational property; creating the Leave a Legacy Initiative Act; providing for naming rights for persons or entities who donate to certain educational facilities; stating criteria for naming rights; stating term of naming rights; listing facilities Second Legislative Day, Monday, February 07, 2005 169 eligible for naming rights; providing for additional naming rights; requiring the governing board of an educational facility to provide appropriate signs; limiting donations to capital expenditures; prohibiting the renaming of educational facilities named for individuals; providing for codification; and declaring an emergency.

HB 1410  By Cox. An Act relating to the Oklahoma Public Employees Retirement System; amending 74 O.S. 2001, Section 902, as last amended by Section 2, Chapter 539, O.S.L. 2004 (74 O.S. Supp. 2004, Section 902), which relates to definitions; modifying definition; providing for election by certain members of the Oklahoma Public Employees Retirement System; prescribing procedures related to election; prescribing duration of election; providing for effect of election upon employer and employee contributions; providing for effect of election upon vesting period, normal retirement date and computation of retirement benefits; providing for codification; providing an effective date; and declaring an emergency.

HB 1411  By Cox. An Act relating to education; amending 70 O.S. 2001, Sections 625.2, 625.3, 625.5, as amended by Section 1, Chapter 80, O.S.L. 2004, 625.10a and 625.12 (70 O.S. Supp. 2004, Section 625.5), which relate to the Oklahoma Rural Medical Education Loan and Scholarship Fund; expanding scholarships to persons seeking a Masters Degree of Nurse Practitioner or a Physician Assistant Degree; modifying service requirements to include employment as an advanced registered nurse practitioner or physician assistant; clarifying statutory language; deleting obsolete language; providing an effective date; and declaring an emergency.

HB 1412  By Nance. An Act relating to jurors; authorizing jurors to submit questions for witnesses; providing procedure; providing for codification; and providing an effective date.

HB 1413  By Newport. An Act relating to revenue and taxation; authorizing tax credit for persons who provide medical treatment to individuals; limiting credit; requiring Oklahoma Tax Commission to prescribe forms to verify amount of credit; defining terms; providing for codification; and providing an effective date.

HB 1414  By Newport. An Act relating to state government; amending 74 O.S. 2001, Sections 1370, as last amended by Section 3, Chapter 405, O.S.L. 2004 and 1371, as last amended by Section 1, Chapter 414, O.S.L. 2004 (74 O.S. Supp. 2004, Sections 1370 and 1371), which relate to the Oklahoma State Employees Benefits Act; allowing a person not participating in benefit plan to receive flexible benefits; allowing certain elected officials not to participate in certain benefit plans; and providing an effective date.

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HB 1415  By Newport. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 1272.1, which relates to carrying firearms where liquor is consumed; clarifying who may possess a weapon where liquor is consumed; and providing an effective date.

HB 1416  By Peterson (Pam). An Act relating to children; amending 10 O.S. 2001, Sections 7503-2.6 and 7505-3.2, which relate to adoption; modifying certain age requirement; allowing certain person to execute an extrajudicial consent; providing that extrajudicial consent operate as a waiver under certain circumstances; clarifying certain costs and expenses; prohibiting the court clerk from charging filing fee under certain circumstances; and providing an effective date.

HB 1417  By Balkman. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2358, as last amended by Section 14, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2358), which relates to adjustments to gross income; providing exemption from taxable income for interest accrued from qualified residences; defining term; authorizing tax credit for property tax paid on qualified residences; limiting credit; defining term; providing for codification; and providing an effective date.

HB 1418  By Kiesel. An Act relating to prisons and reformatories; allowing transfer of persons with serious medical condition to Department of Corrections; requiring submission of application; authorizing Department of Corrections to accept transfer under certain conditions; providing for codification; and providing an effective date.

HB 1419  By Kiesel. An Act relating to public health and safety; amending 63 O.S. 2001, Section 1-533, as amended by Section 1, Chapter 463, O.S.L. 2002 (63 O.S. Supp. 2004, Section 1-533), which relates to phenylketonuria, other disorders and educational and newborn screening programs; requiring the State Board of Health to utilize certain definition of phenylketonuria in certain circumstances; authorizing the State Board of Health to promulgate certain rules; requiring Oklahoma Health Care Authority to utilize certain definition of phenylketonuria in certain instances; authorizing Oklahoma Health Care Authority Board to promulgate certain rules; providing for codification; and providing an effective date.

HB 1420  By Kiesel. An Act relating to motor vehicles; amending Section 14, Chapter 504, O.S.L. 2004 (47 O.S. Supp. 2004, Section 1135.5), which relates to special license plates; creating the Patriot License Plate; allowing for personalization of license plate; designating use of funds; creating the Patriot License Plate Revolving Fund; specifying purpose of fund; providing for codification; and providing an effective date.

HB 1421  By Kiesel. An Act relating to the Oklahoma Police Pension and Retirement System; amending 11 O.S. 2001, Section 50-111.3, as last amended by Section 4, Chapter 551, O.S.L. 2004 (11 Second Legislative Day, Monday, February 07, 2005 171

O.S. Supp. 2004, Section 50-111.3), which relates to the Deferred Retirement Option Plans; modifying provisions related to duration of participation in certain plans; modifying provisions related to receipt of in-service distributions; providing an effective date; and declaring an emergency.

HB 1422  By Kiesel. An Act relating to schools; amending 70 O.S. 2001, Section 698.3, which relates to teacher shortage employment incentive program; expanding the teacher shortage employment incentive program to all areas of education; deleting references to certain subject areas; providing an effective date; and declaring an emergency.

HB 1423  By Kiesel. An Act relating to revenue and taxation; requiring certain taxpayers to repay amounts received as incentive payments or reductions in tax liability under specified conditions; requiring Oklahoma Tax Commission to promulgate certain rules; providing for codification; and providing an effective date.

HB 1424  By Kiesel. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 11-902, as last amended by Section 1, Chapter 548, O.S.L. 2004 (47 O.S. Supp. 2004, Section 11-902), which relates to persons under the influence of alcohol or other intoxicating substance; modifying penalties; and providing an effective date.

HB 1425  By Jones. An Act relating to mental health; amending 43A O.S. 2001, Sections 5-501, 5-502, as last amended by Section 1, Chapter 394, O.S.L. 2003, 5-503, 5-506, 5-508 and 5-513, as last amended by Sections 1, 2, 3, 6, 8 and 13, Chapter 130, O.S.L. 2003 (43A O.S. Supp. 2004, Sections 5-501, 5-502, 5-503, 5-506, 5-508 and 5-513), which relate to Inpatient Mental Health and Substance Abuse Treatment of Minors Act; expanding legislative intent; modifying definitions; modifying voluntary admission; providing for emergency detention; modifying involuntary admission of minors; deleting obsolete language; modifying individualized treatment plans; repealing 43A O.S. 2001, Section 5-505, as last amended by Section 5, Chapter 130, O.S.L. 2003 (43A O.S. Supp. 2004, Section 5-505), which relates to admission to mental health facility; providing for codification; and providing an effective date.

HB 1426  By Duncan. An Act relating to contracts; amending 15 O.S. 2001, Section 901, which relates to manufacturer warranties; modifying the motor vehicle return policy; modifying method of determining prior use of vehicle; requiring the Attorney General to make certain written statement; requiring manufacturers to provide certain written statement; specifying method of resale of certain vehicles; providing for recovery of attorney fees; and providing an effective date.

HB 1427  By Duncan. An Act relating to elections; amending 26 O.S. 2001, Sections 1-102 and 1-103, as amended by Sections 2 and 3, Chapter 162, O.S.L. 2003 (26 O.S. Supp. 2004, Sections 1- 172 House Journal

102 and 1-103), which relate to primary and runoff primary elections; bypassing primary and runoff primary elections under certain circumstances; and providing an effective date.

HB 1428  By Cooksey. An Act relating to elections; ordering a legislative referendum pursuant to the Oklahoma Constitution; amending 26 O.S. 2001, Section 5-106, as amended by Section 2, Chapter 369, O.S.L. 2004 (26 O.S. Supp. 2004, Section 5-106), which relates to filing for elective office; requiring members of the Legislature to resign when filing for election to certain other offices; providing ballot title; and directing filing.

HB 1429  By Cooksey. An Act relating to elections; amending 26 O.S. 2001, Sections 1-108, as last amended by Section 6, Chapter 53, O.S.L. 2004 and 1-109 (26 O.S. Supp. 2004, Section 1-108), which relate to political parties; modifying requirements for recognition and termination of recognition of political parties; amending 26 O.S. 2001, Section 10-101, which relates to nomination of presidential electors; modifying requirement for petitions seeking ballot access for uncommitted candidates; authorizing fee in lieu of petition; and providing an effective date.

HB 1430  By Cooksey. An Act relating to jurors; amending 38 O.S. 2001, Section 28, as amended by Section 8, Chapter 525, O.S.L. 2004 (38 O.S. Supp. 2004, Section 28), which relates to qualifications and exemptions for jury duty; adding exemption; and providing an effective date.

HB 1431  By Balkman. An Act relating to amusement and sports; amending Section 2, Chapter 58, O.S.L. 2003 (3A O.S. Supp. 2004, Section 701), which relates to the Oklahoma Education Lottery Act; clarifying short title; and providing an effective date.

HB 1432  By Coody. An Act relating to courts; amending 20 O.S. 2001, Section 125, as amended by Section 1, Chapter 153, O.S.L. 2003 (20 O.S. Supp. 2004, Section 125), which relates to office of secretary-bailiff; providing certain power and authority to CLEET-certified secretary- bailiffs; providing for promulgation of rules; prohibiting participation in certain retirement system; and providing an effective date.

HB 1433  By Martin. An Act relating to public health and safety; amending 63 O.S. 2001, Section 5030.5, as amended by Section 2, Chapter 411, O.S.L. 2002 (63 O.S. Supp. 2004, Section 5030.5), which relates to drug prior authorization plans; modifying certain prior authorization requirements by the Oklahoma Health Care Authority; and providing an effective date.

HB 1434  By Martin. An Act relating to sheriffs; amending 19 O.S. 2001, Section 548, which relates to appointments and revocations of undersheriffs and deputy sheriffs; modifying appointment and revocation procedures; amending 22 O.S. 2001, Section 979a, as last amended by Second Legislative Day, Monday, February 07, 2005 173

Section 1, Chapter 455, O.S.L. 2004 (22 O.S. Supp. 2004, Section 979a), which relates to payment of jail costs by inmate; deleting authority of municipal and district attorneys to seek reimbursement of incarceration costs; directing the court to order reimbursement of incarceration costs; and providing an effective date.

HB 1435  By Hilliard. An Act relating to State Department of Rehabilitation Services; amending 10 O.S. 2001, Section 1419, as amended by Section 1, Chapter 93, O.S.L. 2003 (10 O.S. Supp. 2004, Section 1419), which relates to administration and personnel; modifying salary levels; providing an effective date; and declaring an emergency.

HB 1436  By Hilliard. An Act relating to roads, bridges and ferries; requiring the completion of certain interchange; requiring specifications; prohibiting toll charge for certain section of turnpike; providing for codification; and providing an effective date.

HB 1437  By Hilliard. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2357.25, which relates to tax credits for investments in agricultural cooperatives and associations; increasing the maximum amount of the credit; and providing an effective date.

HB 1438  By Hilliard. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1358, which relates to agricultural sales tax exemptions; providing exemption for evergreen tree removal services; providing an effective date; and declaring an emergency.

HB 1439  By McMullen. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2358, as last amended by Section 14, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2358), which relates to adjustments to taxable income; providing income tax deduction for certain employers that utilize a certain program offered by the Oklahoma Department of Labor; providing amount of exemption; and providing an effective date.

HB 1440  By McMullen. An Act relating to workers’ compensation; requiring certain reports be confidential for certain period of time; stating exceptions; providing punishment; prohibiting certain examination of specific record; authorizing certain oath; providing penalty for certain act; defining term; providing for codification; and providing an effective date.

HB 1441  By McMullen. An Act relating to revenue and taxation; amending Section 1, Chapter 385, O.S.L. 2003 (68 O.S. Supp. 2004, Section 2357.66), which relates to tax credits for ethanol facilities; expanding credit to include certain biofuel facilities; defining term; and providing an effective date.

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HB 1442  By McMullen. An Act relating to state government; amending 74 O.S. 2001, Sections 1316.2, as last amended by Section 5, Chapter 345, O.S.L. 2004 and 1316.3, as last amended by Section 6, Chapter 345, O.S.L. 2004 (74 O.S. Supp. 2004, Sections 1316.2 and 1316.3), which relate to the State and Education Employees Group Insurance Act; allowing continuance of coverage by certain employees; requiring election; requiring payment; providing references to new subsection; updating references; clarifying that certain retirement system members who reinstate health insurance coverage shall have any applicable amounts required to be paid by the retirement system paid to the State and Education Employees Group Insurance Board; allowing certain retired or vested members of the Oklahoma Public Employees Retirement System, the Uniform Retirement System for Justices and Judges, the Oklahoma Law Enforcement Retirement System, the Oklahoma Firefighters Pension and Retirement System and the Oklahoma Police Pension and Retirement System to elect coverage under certain circumstances; providing for payment of premiums; subjecting participant to rate changes; allowing election for dependent coverage; providing notice; providing references; amending reference; allowing certain retired or vested members of the Teachers’ Retirement System of Oklahoma to elect coverage under certain circumstances; providing for payment of premiums; subjecting participant to rate changes; allowing election for dependent coverage; providing notice; providing an effective date; and declaring an emergency.

HB 1443  By Coody. An Act relating to public retirement systems; authorizing common school districts to enter into certain agreements; specifying nature of agreement related to payment to persons eligible to retire from the Teachers’ Retirement System of Oklahoma; providing for computation of payment amount pursuant to agreement; imposing maximum duration of payment period related to eligibility for certain Social Security benefits; requiring assistance from the Teachers’ Retirement System of Oklahoma; providing for codification; providing an effective date; and declaring an emergency.

HB 1444  By Coody. An Act relating to schools; directing the State Board of Education to develop and implement a paperwork reduction and simplification plan; providing timeline for implementation of the plan; stating goal of the plan; requiring the plan to work in conjunction with a state student record system; requiring compliance with certain standards; requiring utilization of certain applications; providing for input from school districts and school district personnel; requiring identification of all requirements and data; providing for coordination of reporting dates and use of electronic data processing; providing for codification; and declaring an emergency.

HB 1445  By Coody. An Act relating to revenue and taxation; repealing 68 O.S. 2001, Sections 801, 802, 802.1, 803, 804, 805, as amended by Section 5, Chapter 458, O.S.L. 2002, 806, 807, as amended by Section 11, Chapter 472, O.S.L. 2003, 808, 809, 810, 811, as amended by Section 2, Chapter 535, O.S.L. 2004, 812, 813, 814, 815, as last amended by Section 3, Chapter 535, O.S.L. 2004, 815.1, 816, 816.1, 817, 818, 819, 820, 821, 822, 823, 824 and 825 (68 O.S. Supp. 2004, Section 805, 807, 811 and 815), which relate to the imposition and collection of a tax on the estate of a decedent; and providing an effective date. Second Legislative Day, Monday, February 07, 2005 175

HB 1446  By Turner. An Act relating to schools; amending 70 O.S. 2001, Section 11-103.6, as last amended by Section 1, Chapter 82, O.S.L. 2004 (70 O.S. Supp. 2004, Section 11-103.6), which relates to curriculum standards; expanding mathematics courses allowed for high school graduation requirements; providing an effective date; and declaring an emergency.

HB 1447  By Turner. An Act relating to public health and safety; amending 63 O.S. 2001, Section 1-2703, which relates to telemedicine grants; clarifying language; and providing an effective date.

HB 1448  By Turner. An Act relating to revenue and taxation; enacting the Oklahoma Swine Production Industry Property Tax Fairness Act of 2005; providing for noncodification; and providing an effective date.

HB 1449  By Coody. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2358, as last amended by Section 14, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2358), which relates to adjustments to taxable income; providing income tax exemption for certain businesses that provide health insurance; defining term; and providing an effective date.

HB 1450  By Duncan. An Act relating to the Sex Offenders Registration Act; amending 57 O.S. 2001, Section 582, as last amended by Section 34, Chapter 460, O.S.L. 2002 (57 O.S. Supp. 2004, Section 582), which relates to the Sex Offenders Registration Act; clarifying registration requirements; and providing an effective date.

HB 1451  By Askins. An Act relating to insurance; creating the Timely Reimbursement of Medical Claims Act; stating findings; defining terms; requiring payments to be made in certain time; providing procedures for submission of claims; setting out interest schedule; allowing for audits of claims; setting procedures for denial of reimbursements; limiting denials; providing procedures for verification of claims; setting forth procedures for preauthorization; stipulating provisions of certain contracts; setting forth requirements for payment processes; prohibiting waiving or nullification by contract; providing penalties for violation of act; allowing for payment of attorney fees; requiring audit of covered entity; amending 36 O.S. 2001, Section 1250.5, which relates to the Unfair Claims Settlement Practices Act; removing provisions related to request for refund; repealing 36 O.S. 2001, Section 1219, as amended by Section 52, Chapter 197, O.S.L. 2003 (36 O.S. Supp. 2004, Section 1219), which relates to unfair practices and frauds; providing for codification; and declaring an emergency.

HB 1452  By Piatt. An Act relating to professions and occupations; amending 59 O.S. 2001, Section 2083, as amended by Section 2, Chapter 469, O.S.L. 2002 and Section 9, Chapter 469, O.S.L. 2002 (59 O.S. Supp. 2004, Sections 2083 and 2093), which relate to mortgage brokers; 176 House Journal modifying certain licensing exemptions; modifying certain continuing education requirements; providing an effective date; and declaring an emergency.

HB 1453  By Denney. An Act relating to public health and safety; amending 63 O.S. 2001, Sections 330.51, 330.52, 330.53 and 330.58, which relate to Nursing Home Administrators Act; modifying definitions; modifying membership; modifying licensing of nursing home administrators; limiting number of certain facilities supervised; modifying duties of the Board; providing for additional duties; providing for certain rulemaking; providing for certain investigations; establishing timeline; authorizing exemptions; providing for public registry of complaints; requiring certain contents of registry; providing for certain complaint processes; requiring certain records become public; providing for notice; providing for hearing; providing for appeal; providing for codification; and declaring an emergency.

HB 1454  By Denney. An Act relating to schools; directing the State Board of Education to award scholarships for attending a Core Knowledge Curriculum Program; giving priority to certain schools; providing for number and amount of scholarships; requiring the Board to develop criteria and adopt rules for processing scholarship awards; providing for codification; providing an effective date; and declaring an emergency.

HB 1455  By Denney. An Act relating to marriage; prohibiting the recognition of common law marriage in Oklahoma; providing exception; providing for codification; and providing an effective date.

HB 1456  By Dank. An Act relating to schools; creating the Opportunity Scholarship Act; stating purpose and legislative findings; providing definitions; establishing eligibility criteria for participation in the opportunity scholarship program; providing an exception for students in the custody of the Office of Juvenile Affairs; setting time period in which an opportunity scholarship is in force; allowing a parent of a student to withdraw from program; stating obligations of a school district; allowing students an alternative to transfer to another higher performing school district if certain conditions are met; requiring participating students to take all statewide tests; requiring the school district to provide opportunity to take the statewide tests; providing for reporting of results; requiring school district to continue providing related services to certain students in certain circumstances; allowing school districts to continue receiving certain funding; requiring school district to provide transportation to certain transferred students; establishing eligibility criteria for private schools participating in the program; requiring participating students to comply with certain attendance and discipline requirements; requiring parents of participating students to comply with parental involvement requirements and ensure statewide testing participation; providing for forfeiture of scholarship for noncompliance with the act; establishing maximum amount of an opportunity scholarship; providing for determination of scholarship amount for each student; allowing inclusion of certain fees; requiring school districts to make certain reports; providing for removal of a student from school district membership; providing for funding for students with an individualized education program; directing the State Department of Education to make scholarship calculations and adjustments in allocations; directing the Department to transfer scholarship funds to a separate account; Second Legislative Day, Monday, February 07, 2005 177 providing for disbursement of scholarship funds; requiring certain verification prior to disbursement; providing for payments by warrants; limiting liability of the state; directing the State Board of Education to adopt rules; limiting regulatory authority over private school; amending 70 O.S. 2001, Section 3-132, which relates to charter schools; deleting prohibition for districtwide charter school; providing for codification; and providing an effective date.

HB 1457  By Dank. An Act relating to schools; amending 70 O.S. 2001, Section 6-194, as amended by Section 2, Chapter 295, O.S.L. 2003 (70 O.S. Supp. 2004, Section 6-194), which relates to professional development programs; modifying teacher selection process for local professional development committees; deleting certain specified component from professional development programs; requiring teachers to complete a certain number of professional development points per year; providing an effective date; and declaring an emergency.

HB 1458  By Ellis. An Act relating to the environment; amending 82 O.S. 2001, Section 1324.l0, which relates to rural water districts; providing additional restrictions; and providing an effective date.

HB 1459  By Ellis. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 13.1, as amended by Section 7, Chapter 22, O.S.L. 2002 (21 O.S. Supp. 2004, Section 13.1), which relates to mandatory minimum percentage of sentence to be served for certain offenses; adding assault and battery of a peace officer to mandatory minimum percentage requirement; and providing an effective date.

HB 1460  By Sherrer. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 803, which relates to estate tax; modifying applicability of tax rate structure to net estate and certain transfers; removing rate structure applicable to net estate and certain transfers; and providing an effective date.

HB 1461  By Sherrer. An Act relating to crimes and punishments; 21 O.S. 2001, Section 1220, as last amended by Section 1, Chapter 386, O.S.L. 2004 (21 O.S. Supp. 2004, Section 1220), which relates to transporting intoxicating beverage or low-point beer; clarifying scope of prohibited act; and providing an effective date.

HB 1462  By Sherrer. An Act relating to criminal procedure; amending 22 O.S. 2001, Sections 471.2 and 471.9, which relate to eligibility and successful completion of drug court program; modifying eligibility requirements; providing for the continuation of monitoring after completion of drug court program; and providing an effective date.

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HB 1463  By Sherrer. An Act relating to elections; amending 26 O.S. 2001, Sections 4-103 and 4-110.1, which relate to voter registration; modifying time for registration; modifying time for submission of voter registration applications; and providing an effective date.

HB 1464  By Sherrer. An Act relating to criminal procedure; amending 22 O.S. 2001, Section 178, which relates to proceedings when bail is taken; providing exception to discharge of defendant under certain circumstances; requiring certain conclusions and authorization in writing by magistrate; defining term; and providing an effective date.

HB 1465  By Sherrer. An Act relating to criminal procedure; providing for expungement of certain victim protective orders pursuant to the Protection from Domestic Abuse Act; setting eligibility criteria for expungement; providing procedures for expungement; defining terms; requiring petition, notice, answer and hearing within certain time periods; requiring no objection or certain court findings; construing effects of sealing certain records; directing sealing of certain records; allowing certain persons access to sealed records; prohibiting denial of application by employers for failure to disclose sealed information; construing application of act; allowing destruction of certain records after certain time period; allowing certain evidence from sealed records for certain purpose; providing for codification; and providing an effective date.

HB 1466  By Sherrer. An Act relating to soldiers and sailors; enacting the Vicki Bowyer Oklahoma Veterans Appreciation Act; providing definitions; requiring employers to permit leave time under certain circumstances; providing for codification; and providing an effective date.

HB 1467  By DeWitt. An Act relating to agriculture; creating the Oklahoma Agriculture Pollutant Discharge Elimination System Act; stating purpose; providing for jurisdiction; defining terms; authorizing the promulgation of rules; providing for content of rules; granting authority to Oklahoma Department of Agriculture, Food, and Forestry for certain purposes; providing for certain acts for certain permits; requiring disclosure of certain financial information by certain persons; providing for certain appointments; providing for certain qualifications and restrictions for certain employees; specifying powers and duties of Director and the Department; providing for certain jurisdiction over certain water programs; providing for compliance; establishing certain duties of Director; providing for renewal of certain license or permit; setting penalty for failure to renew; authorizing certain persons to enter certain property to obtain certain information; requiring certain recordkeeping; requiring promulgation of certain rules; providing for certain authority under the Administrative Procedures Act; granting opportunity for hearing to certain interested parties; allowing issuance of certain orders; authorizing the Department to serve notice of certain violation; stating penalty; providing for notice to be served; providing for administrative hearings; providing for assessment of certain penalties; allowing certain civil actions; providing for assessment of certain penalties; establishing jurisdiction of certain action; providing for certain violations of law and fines; providing for certain appeals; providing for filing of Second Legislative Day, Monday, February 07, 2005 179 certain applications; providing for review of certain applications; creating the Oklahoma Agriculture Environmental Permitting Act; defining terms; providing for submission of certain applications; providing for review of certain applications; authorizing promulgation of certain rules; providing for content of certain rules; authorizing Oklahoma Department of Agriculture, Food, and Forestry to enforce and implement certain laws; granting certain additional powers to Department; requiring certain applicants to provide notice; providing for certain meetings; requiring preparation of certain reports; providing for certain notice; requiring certain formal public meeting; establishing certain public comment periods; granting opportunity for hearing; providing for certain hearing process; providing for default judgments; providing for appeals of certain orders; establishing expedited permitting processes; amending 2 O.S. 2001, Sections 9-200, 9-201, 9-202, 9-203, 9-204, 9- 204.1, 9-205, 9-205.1, 9-205.2, 9-205.3, 9-205.3a, 9-205.4, 9-205.5, 9-206, 9-208, 9-209, 9- 209.1, 9-210, 9-210.1, 9-210.2, 9-210.3, 9-211, 9-212.1 and 9-214, which relate to the Oklahoma Concentrated Animal Feeding Operations Act; modifying legislative intent; clarifying purpose of act; modifying definitions; clarifying language; revising composition of rule advisory committee; providing for termination of certain committee; adding duty to obtain certain permits; deleting obsolete language; establishing certain application requirements; establishing duty to obtain certain permit; providing exceptions; modifying certain application requirements; modifying certain deadlines; clarifying language; clarifying burden of proof for administrative hearing; clarifying notice requirements; modifying evidentiary standards; modifying certain burden of proof; establishing certain deadlines; requiring nutrient management plans; requiring certain approvals; clarifying language; modifying criteria for Best Management Practices; modifying new source requirements; modifying land application rates; modifying requirements for odor abatement plans; requiring certain data; deleting certain references relating to confined animal feeding operations; modifying irrigation system requirements; deleting references to confined animal feeding operations; authorizing certain inspections and access to certain facilities; providing for certain examinations of records; allowing certain employees who obtain warrants to perform certain inspections; clarifying certain jurisdiction; modifying annual fees for concentrated animal feeding operations; modifying surety requirements; clarifying language; providing for certain federal laws; modifying certain hydrologic connections; modifying certain setback requirements; providing for restrictions on operations at certain locations; modifying violation points system; establishing penalties for certain operations; clarifying language; amending Section 2, Chapter 94, O.S.L. 2002 (2 O.S. Supp. 2004, Section 10-9), which relates to acceptance or approval of concentrated animal feeding operations; modifying scope of restrictions; providing for promulgation of emergency rules; repealing 2 O.S. 2001, Section 9-212, which relates to penalties; providing for codification; providing for noncodification; providing for recodification; providing an effective date; and declaring an emergency.

HB 1468  By Braddock. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 6-304, which relates to permitting unauthorized minor to drive; modifying language; and providing an effective date.

HB 1469  By DeWitt. An Act relating to revenue and taxation; authorizing income tax credit for cash donations to certain qualified charitable conservation organizations; defining term; 180 House Journal imposing maximum amount of credits claimable per fiscal year; prescribing procedures related to use of credits; limiting use of tax credits with respect to certain liability amount; authorizing carryover; providing for codification; and providing an effective date.

HB 1470  By DeWitt. An Act relating to elections; amending 26 O.S. 2001, Section 1-104, which relates to closed primaries; opening primaries to voters of other parties and to Independent voters in certain circumstances; requiring authorization of the political party; requiring notification by a certain date; providing for duration of authorization; extending deadline for authorization in certain circumstances; prohibiting registered voters from voting in a Primary Election or Runoff Primary election of more than one party; and providing an effective date.

HB 1471  By DeWitt. An Act relating to agriculture; providing for certain jurisdiction for seeds; preempting local jurisdiction for seeds; providing for codification; and providing an effective date.

HB 1472  By Benge. An Act relating to professions and occupations; amending 59 O.S. 2001, Section 475.1, which relates to engineering and land surveying; providing for waiver of registration; requiring certain documentation; and providing an effective date.

HB 1473  By Kern. An Act relating to state government; amending 74 O.S. 2001, Sections 1363 and 1365, as last amended by Section 2, Chapter 405, O.S.L. 2004 (74 O.S. Supp. 2004, Section 1365), which relate to the Oklahoma State Employees Benefits Act; deleting obsolete definition; defining terms; modifying certain terms; extending services to certain employees; authorizing collection of fee; providing for promulgation of rules; providing an effective date; and declaring an emergency.

HB 1474  By Kern. An Act relating to motor vehicles; amending 47 O.S. 2001, Sections 1103, 1105, as last amended by Section 30, Chapter 519, O.S.L. 2004, 1107, 1110, as last amended by Section 1, Chapter 85, O.S.L. 2004, 1113, as last amended by Section 4, Chapter 534, O.S.L. 2004, 1114, 1115, as last amended by Section 5, Chapter 534, O.S.L. 2004, 1115.1, as amended by Section 14, Chapter 522, O.S.L. 2004, 1116.1, 1120.1, as last amended by Section 7, Chapter 534, O.S.L. 2004, 1127, 1133, as last amended by Section 1, Chapter 555, O.S.L. 2004, 1134, 1134.1, 1134.2, 1135, 1137.1 and 1151, as last amended by Section 24, Chapter 522, O.S.L. 2004 (47 O.S. Supp. 2004, Sections 1105, 1110, 1113, 1115, 1115.1, 1120.1, 1133 and 1151), which relate to the Oklahoma Vehicle License and Registration Act; stating legislative intent; specifying attributes and contents of form set; modifying procedures for issuance, use and disposition of vehicle license plate and certain documents; providing that certain items remain valid until expiration; providing procedures upon renewal of vehicle registration or sale or transfer of vehicle title; providing for use of retained license plate for registration of other vehicle; prohibiting possession of more than one license plate for any vehicle; specifying certain requirements applicable to vehicle license plates; providing procedures upon cancellation of vehicle license plate; providing Second Legislative Day, Monday, February 07, 2005 181 for design and issuance of vehicle registration decal; providing for transfer of decal; providing that vehicle registration taxes and fees not be refundable; providing for documentation of decal if windshield destroyed; prohibiting certain acts and providing penalty; modifying procedure for endorsement of title and notification to Oklahoma Tax Commission upon sale of vehicle; providing procedure for release of security interest upon sale or transfer of vehicle; requiring that certain amounts remain obligation of seller or transferor; specifying certain authority of Tax Commission; providing for issuance of permanent license plates; modifying vehicles in which certificate of registration required to be carried; specifying requirements relating to license plates and decals for manufactured homes; deleting certain procedure and fee upon loss or destruction of decals; modifying vehicles required to be registered annually; requiring that decals be made available on certain date for such vehicles; clarifying language; modifying authority of certain peace officers; providing for affixing of decal to manufactured home; providing for issuance of registration decal upon payment of certain fees; deleting obsolete language; deleting provision relating to grounds for driver license revocation and certain penalty; deleting exception; requiring motor vehicle dealers to submit certain document to Tax Commission; repealing 47 O.S. 2001, Section 1113A, which relates to the Oklahoma Vehicle License and Registration Act; providing for codification; and providing an effective date.

HB 1475  By Askins. An Act relating to crimes and punishments; establishing the Oklahoma Crime Victims’ Justice Task Force; providing for membership; providing for appointment of chair and vice- chair; providing for travel reimbursement; providing for administrative support; providing for duties; requiring certain report to Governor and Legislature; providing for noncodification; and declaring an emergency.

HB 1476  By Coody. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2358, as last amended by Section 14, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2358), which relates to adjustments to taxable income; providing exemption for all retirement benefits received by member of Armed Forces of the United States; and providing an effective date.

HB 1477  By Smithson. An Act relating to fences; prohibiting property owners from damaging or removing fences or authorizing certain improvements until notice has been given to adjacent property owners; providing for determination of ownership; authorizing certain damages or improvements if no action filed; providing for codification; and providing an effective date.

HB 1478  By Case. An Act relating to professions and occupations; amending 59 O.S. 2001, Sections 15.1A, as last amended by Section 2, Chapter 125, O.S.L. 2004, 15.2, as amended by Section 3, Chapter 125, O.S.L. 2004, 15.9, as last amended by Section 9, Chapter 125, O.S.L. 2004, and 15.14, as last amended by Section 17, Chapter 125, O.S.L. 2004 (59 O.S. Supp. 2004, Sections 15.1A, 15.2, 15.9 and 15.14), which relate to the Oklahoma Accountancy Act; adding definition; modifying certain definition; extending certain expiration date; modifying membership representation of certain board; modifying qualifications of certain members; specifying method of filling membership terms upon 182 House Journal vacancy; authorizing the board to utilize certain grading service; modifying examination requirements for public accountants; modifying certain verification process; deleting reference to certain examination procedures; allowing a registration period for a certain type of renewal for public accountants; providing an effective date; and declaring an emergency.

HB 1479  By Staggs. An Act relating to schools; transferring the powers and duties of the Oklahoma Commission for Teacher Preparation to the State Board of Education; providing for the transfer of assets and liabilities; providing for the transfer of employees; transferring monies; amending 70 O.S. 2001, Sections 6-129.1, as amended by Section 1, Chapter 24, O.S.L. 2004 and 6-130 (70 O.S. Supp. 2004, Section 6-129.1), which relate to minority teacher recruitment; deleting the Oklahoma Commission for Teacher Preparation; amending 70 O.S 2001, Sections 6-182, 6-183, 6-184, 6-185, as amended by Section 1, Chapter 295, O.S.L. 2003, 6-186, 6-187, as amended by Section 2, Chapter 236, O.S.L. 2002, 6-189.1, as amended by Section 1, Chapter 291, O.S.L. 2002, 6-190, as last amended by Section 1, Chapter 438, O.S.L. 2004, 6-191, 6-194, as amended by Section 2, Chapter 295, O.S.L. 2003, 6-195, as amended by Section 11, Chapter 434, O.S.L. 2003, 6-197, 6- 200, 6-202, 6-204.1, as amended by Section 22, Chapter 434, O.S.L. 2003, 6-204.2, as last amended by Section 23, Chapter 434, O.S.L. 2003, 6-204.3 and 6-204.5 (70 O.S. Supp. 2004, Sections 6-185, 6-187, 6-189.1, 6-190, 6-194, 6-195, 6-204.1 and 6-204.2), which relate to the Oklahoma Teacher Preparation Act; transferring the powers, duties, and responsibilities of the Oklahoma Commission for Teacher Preparation to the State Board of Education; deleting references to the Oklahoma Commission for Teacher Preparation; deleting obsolete language; amending 70 O.S. 2001, Sections 1210.508C, as amended by Section 2, Chapter 197, O.S.L. 2004 and 1210.508D (70 O.S. Supp. 2004, Section 1210.508C), which relate to the Reading Sufficiency Act; deleting references to the Oklahoma Commission for Teacher Preparation; amending 70 O.S. 2001, Section 1210.567, as amended by Section 6, Chapter 453, O.S.L. 2002 (70 O.S. Supp. 2002, Section 1210.567), which relates to alternative school or education programs; deleting references to the Oklahoma Commission for Teacher Preparation; repealing 70 O.S. 2001, Sections 6-188, 6-198, 6-199 and 6-201, which relate to the Oklahoma Teacher Preparation Act; repealing Section 2, Chapter 291, O.S.L. 2002 (70 O.S. Supp. 2002, Section 6-205), which relates to a joint study of school psychologists and speech pathologists; providing for codification; providing an effective date; and declaring an emergency.

HB 1480  By Lamons. An Act relating to health care for the indigent and uninsured in the Tulsa Metropolitan Service Area; making an appropriation to the Oklahoma Community Hospitals Authority; stating legislative intent; requiring budgeting of certain funds in certain years; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1481  By Reynolds. An Act relating to public property and entities; prohibiting use of elected or previously elected official’s name in certain circumstances for certain period of time; providing for codification; and providing an effective date.

Second Legislative Day, Monday, February 07, 2005 183

HB 1482  By Banz. An Act relating to state government; creating the War on Terror Memorial Design Committee; providing purpose; providing for membership; requiring meetings to be subject to certain laws; providing for reimbursement; providing duties of the Committee; providing for codification; and providing an effective date.

HB 1483  By Wesselhoft. An Act relating to public health and safety; amending 63 O.S. 2001, Section 938, which relates to medicolegal investigations; expanding types of deaths required to be investigated; requiring nursing facilities to report certain infections; defining terms; authorizing the State Board of Health to promulgate certain rules; providing for codification; and declaring an emergency.

HB 1484  By Billy. An Act relating to health insurance; amending 74 O.S. 2001, Sections 1306, as last amended by Section 1, Chapter 405, O.S.L. 2004, and 1371, as last amended by Section 1, Chapter 414, O.S.L. 2004 (74 O.S. Supp. 2004, Sections 1306 and 1371), which relate to state and education employees; blending rates for active employees and retirees under sixty- five years of age; requiring active employees and retirees under sixty-five years of age to be rated as one group; providing an effective date; and declaring an emergency.

HB 1485  By Tibbs. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 955, as amended by Section 4, Chapter 387, O.S.L. 2002 (47 O.S. Supp. 2004, Section 955), which relates to towing of vehicles from roadway; expanding scope of circumstances for towing vehicles from roadway; and providing an effective date.

HB 1486  By Tibbs. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 1123, as last amended by Section 1, Chapter 159, O.S.L. 2003 (21 O.S. Supp. 2004, Section 1123), which relates to lewd and indecent proposals; clarifying punishment; modifying age requirement for sexual battery; and providing an effective date.

HB 1487  By Tibbs. An Act relating to elections; amending 26 O.S. 2001, Sections 7-114 and 14-115.4, as last amended by Section 8, Chapter 307, O.S.L. 2004 (26 O.S. Supp. 2004, Section 14- 115.4), which relate to voting; requiring presentment of proof of identity when voting; providing for proof of identity; allowing persons without proof of identity to vote and providing procedure therefor; providing penalty for false statements; and providing an effective date.

HB 1488  By Mass. An Act relating to mines and mining; amending 45 O.S. 2001, Section 729, which relates to the Mining Lands Reclamation Act; providing for certain violations reported by citizens' complaints to be kept confidential; authorizing the Department of Mines to make certain detailed findings of fact and conclusions of law; authorizing Department to proceed with permit revocation or bond forfeiture under certain conditions; stating procedure for 184 House Journal

Department to proceed with certain work; authorizing Department to assess certain fine for violation; removing authorization and procedure for the Attorney General to institute certain damage proceedings; stating liability for certain entities; authorizing Department to seek certain civil action for relief in certain district courts; authorizing Department to recover certain penalties or fines for violations; providing for attorney fees; requiring Department to deposit certain monies in certain fund; and declaring an emergency.

HB 1489  By Glenn. An Act relating to the Compulsory Insurance Law; amending 47 O.S. 2001, Section 7- 609, as amended by Section 11, Chapter 418, O.S.L. 2004 (47 O.S. Supp. 2004, Section 7- 609), which relates to suspension of driving privilege and registration; authorizing impoundment of vehicle for failure to provide proof of insurance; requiring notification of the owner and lienholder; providing immunity from civil liability for failure to provide notice; providing that a seized vehicle shall not be returned to the owner until proof of security is furnished; requiring owner to pay storage costs; providing exception; and providing an effective date.

HB 1490  By Thompson. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1356, as last amended by Section 6, Chapter 535, O.S.L. 2004 (68 O.S. Supp. 2004, Section 1356), which relates to exemptions from state sales tax; providing an exemption from state sales tax for Friends of Disabled Veterans; providing an effective date; and declaring an emergency.

HB 1491  By Terrill. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2358, as last amended by Section 14, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2358), which relates to adjustments to taxable income; removing limits on certain exemptions; removing income requirements for certain exemption; and providing an effective date.

HB 1492  By Morgan (Fred). An Act relating to higher education; providing for a waiver of tuition for students who served in certain military campaigns; stating eligibility requirements; providing for award of tuition waiver for students that meet certain criteria; stating coverage of tuition waiver; limiting tuition waiver to certain programs; providing maximum benefit; defining certain operations; providing for a tuition waiver for children of Oklahoma residents killed while serving in certain military operation; limiting time allowed for tuition waiver; requiring institutions to refund or provide tuition credit to students called to active military service; providing for codification; providing an effective date; and declaring an emergency.

HB 1493  By Morgan (Fred). An Act relating to probate procedure; providing procedure for the transfer of certain real property; authorizing the filing of a notification of interest in title; providing required contents of notification; providing that legal ownership of the real property will transfer within a certain time to the party who filed the notification if there is no probate petition; making other parties liable for taxes and other costs in certain circumstances; providing for codification; and providing an effective date. Second Legislative Day, Monday, February 07, 2005 185

HB 1494  By Shoemake. An Act relating to waters and water rights; amending 82 O.S. 2001, Section 1085.2, as amended by Section 1, Chapter 95, O.S.L. 2004 (82 O.S. Supp. 2004, Section 1085.2), which relates to Oklahoma Water Resources Board; granting certain additional authority; and providing an effective date.

HB 1495  By Sherrer. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 1106, as amended by Section 18, Chapter 390, O.S.L. 2004 (47 O.S. Supp. 2004, Section 1106), which relates to refusal or revocation of title; modifying language; and providing an effective date.

HB 1496  By Bingman. An Act relating to revenue and taxation; providing for tax credit for contributions to certain organizations; limiting amount of credit; prohibiting credit from exceeding tax liability; allowing Tax Commission to prescribe forms for claiming of credit; providing for codification; and providing an effective date.

HB 1497  By Bingman. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 582, as last amended by Section 1, Chapter 229, O.S.L. 2003 (47 O.S. Supp. 2004, Section 582), which relates to used motor vehicle and parts dealers; modifying qualifications for membership on the Used Motor Vehicle and Parts Commission; and providing an effective date.

HB 1498  By Bingman. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2358, as last amended by Section 14, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2358), which relates to adjustments to Oklahoma taxable income; modifying standard deductions from income tax; and providing an effective date.

HB 1499  By Bingman. An Act relating to administrative hearings; creating the State Office of Tax Administrative Hearings Act; providing short title; stating purpose; defining terms; creating the State Office of Tax Administrative Hearings within the executive department; providing for judicial authority; providing for jurisdiction; providing for headquarters and other offices; providing for obtaining office space and other facilities; providing that the Office shall not be subject to the Oklahoma Sunset Law; providing that records are open records, with exceptions; providing for travel reimbursement; providing for the position of Chief Tax Administrative Law Judge; providing for appointment and term of office; providing for filling of vacancies; providing for qualifications; providing for removal from office; providing powers and duties of the Chief Tax Administrative Law Judge; providing for compensation and benefits; providing for an Administrator for the State Office of Tax Administrative Hearings; providing powers and duties of the Administrator; providing for compensation and benefits; providing for administrative law judges; providing qualifications for administrative law judges; providing for compensation and benefits; providing that administrative law judges are in the unclassified service; providing that administrative law judges are only under the supervision of the Chief Tax Administrative Law Judge; providing for part-time administrative law judges; prohibiting practice of law 186 House Journal by the Chief Tax Administrative Law Judge and full-time administrative law judges; providing that the Code of Judicial Conduct applies to the Chief Tax Administrative Law Judge and administrative law judges; providing for assignment of cases, with exceptions; creating the State Office of Administrative Hearings Revolving Fund; providing for jurisdiction of the State Office of Tax Administrative Hearings; providing venue for hearings; providing for rules for pleadings; providing that hearing shall be held pursuant to the Administrative Procedures Act, rules of the State Office of Administrative Hearings, and applicable laws; providing for actions by the administrative law judge; requiring final decisions to be in writing and to include certain information; providing for reference of cases and other matters to the State Office of Administrative Hearings; providing for cases or other matters pending before a certain time; providing for transfer of certain materials to the State Office of Administrative Hearings; providing for transfer of certain employees from the Oklahoma Tax Commission to the State Office of Administrative Hearings; providing for the transfer of certain equipment and other property; providing for transfer of unexpended funds, certain financial obligations, personnel records, leave and benefits; providing for coordination of transfer; amending 68 O.S. 2001, Sections 207, 221, as amended by Section 1, Chapter 458, O.S.L. 2002, 225, as amended by Section 2, Chapter 458, O.S.L. 2002, 227 and 228 (68 O.S. Supp. 2004, Sections 221 and 225), which relate to reports or returns by taxpayers; modifying procedures for hearings and orders; modifying procedure for hearings related to erroneous payments of taxes and claims for refund; amending 68 O.S. 2001, Section 2373, which relates to payment of refunds; providing for hearing; allowing for payment of refund; allowing for appeal of decision or order; providing for codification; and providing an effective date.

HB 1500  By Balkman. An Act relating to state government; amending 74 O.S. 2001, Sections 840-1.6, 840- 1.9, 840-2.27C, as last amended by Section 1, Chapter 277, O.S.L. 2004, 840-4.17, as last amended by Section 12, Chapter 312, O.S.L. 2004, 840-5.1, 840-5.5, as last amended by Section 28, Chapter 418, O.S.L. 2004, and 840-6.5, as amended by Section 5, Chapter 353, O.S.L. 2003 (74 O.S. Supp. 2004, Sections 840-2.27C, 840-4.17, 840-5.5 and 840-6.5), which relate to the Oklahoma Personnel Act; requiring Administrator to employ certain position; modifying powers and duties of the Oklahoma Merit Protection Commission; deleting obsolete language; clarifying language; requiring reduction-in-force implementation plan to be submitted to certain entities; requiring Administrator of the Office of Personnel Management to conduct certain audits to determine compliance with certain provisions; providing procedures in cases of noncompliance; requiring Office of Personnel Management to promulgate certain rules; providing for employment preferences for certain persons with respect to unclassified positions; providing procedures; requiring Office of Personnel Management to establish certain system; requiring certain notice in demotion action; creating Task Force for the Study of Classified and Unclassified Positions in State Government; providing for membership, purpose, duties, recommendations, organization, meetings, votes, travel reimbursement, staffing and report of Task Force; defining terms; subjecting Task Force to certain provisions of law; specifying certain duties of Office of Personnel Management; amending Section 1, Chapter 376, O.S.L. 2003 (68 O.S. Supp. 2004, Section 238.2), which relates to state employee compliance with state income tax laws; modifying contents of certain statement; providing that certain disciplinary actions be subject to procedures of Oklahoma Personnel Act; providing an effective date; and declaring an emergency. Second Legislative Day, Monday, February 07, 2005 187

HB 1501  By Brown. An Act relating to revenue and taxation; amending Section 3, Chapter 515, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2358.7), which relates to tax credits for volunteer fire fighters; allowing other training to meet requirements for eligibility; requiring certain training over certain period; deleting certain documentation requirement; requiring certain documentation from county programs; and declaring an emergency.

HB 1502  By Roan. An Act relating to public safety; amending 21 O.S. 2001, Section 1220, as last amended by Section 1, Chapter 386, O.S.L. 2004 (21 O.S. Supp. 2004, Section 1220), which relates to transporting intoxicating beverage or low-point beer; modifying penalty; amending 21 O.S. 2001, Section 1283, as amended by Section 1, Chapter 136, O.S.L. 2002 (21 O.S. Supp. 2004, Section 1283), which relates to convicted felons and delinquents; modifying certain prohibited act; amending 22 O.S. 2001, Sections 1111, 1115 and 1115.1, which relate to State and Municipal Traffic Bail Bond Procedure Act; deleting statutory reference; clarifying bail procedure; modifying statutory reference; modifying name of act; defining certain term; providing for personal recognizance bond; providing certain sanctions for failure to appear; stating provisions used under certain circumstance; providing procedures and sanctions for not responding to certain notice; requiring collection of judgment for reinstatement; declaring default under certain circumstance; providing for prima facie evidence upon filing of citation; providing an exception; stating procedures for court to follow; providing the showing of cause upon timely appearance of defendant; allowing court to set aside order under certain circumstances; requiring appearance bond under certain circumstance; amending 40 O.S. 2001, Section 552, which relates to Standards for Workplace Drug and Alcohol Testing Act; modifying certain definition; amending 47 O.S. 2001, Section 12-417, as amended by Section 1, Chapter 35, O.S.L. 2002 and 12-422, as amended by Section 24, Chapter 397, O.S.L. 2002 (47 O.S. Supp. 2004, Sections 12-417 and 12-422), which relate to equipment of vehicles; clarifying requirements for safety seat belt system exemption; requiring placement of restriction on driver license; modifying definition; deleting certain definition; deleting certain compliance requirement; amending 47 O.S. 2001, Section 1113, as last amended by Section 4, Chapter 534, O.S.L. 2004 and 1137.1 (47 O.S. Supp. 2004, Section 1113), which relate to registration, fees, and license plates; providing exemption to registration requirement; requiring registration and display of certain license plate on certain vehicles; amending 63 O.S. 2001, Sections 4005, 4009 and 4021, as amended by Section 14, Chapter 534, O.S.L. 2004 (63 O.S. Supp. 2004, Section 4021), which relate to the Oklahoma Vessel and Motor Registration Act; providing exemption to title and registration fees; allowing issuance of yearly decals for certain vessels and motors; providing exemption to payment of certain registration fees; amending 63 O.S. 2001, Sections 4206 and 4219, which relate to the Oklahoma Boating Safety Regulation Act; requiring use of personal flotation device at certain times; modifying jurisdiction of prohibited act; repealing Section 1, Chapter 395, O.S.L. 1998, which relates to semiannual report by Department of Public Safety; repealing Section 2, Chapter 148, O.S.L. 2004 (22 O.S. Supp. 2004, Section 1108.2), which relates to personal recognizance bonds in traffic and wildlife tickets; and providing an effective date.

188 House Journal

HB 1503  By Roan. An Act relating to emergency medical services; amending 63 O.S. 2001, Section 1- 2508, which relates to licensure of certain individuals; providing for certain exemption; and providing an effective date.

HB 1504  By Roan. An Act relating to waters and water rights; amending 82 O.S. 2001, Section 1020.9, as amended by Section 3, Chapter 365, O.S.L. 2003 (82 O.S. Supp. 2004, Section 1020.9), which relates to approval of groundwater applications; requiring the Oklahoma Water Resources Board to hear evidence from certain presenters upon making certain determination; stating requirements for Board consideration; stating requirement for applicants to present certain burden of proof to Board; requiring Board to make certain determination based upon evidence presented; and declaring an emergency.

HB 1505  By Roan. An Act relating to water and water rights; amending 82 O.S. 2001, Section 1452, as amended by Section 2, Chapter 305, O.S.L. 2003 (82 O.S. Supp. 2004, Section 1452), which relates to scenic rivers; expanding designated scenic river areas; and providing an effective date.

HB 1506  By Roan. An Act relating to higher education; amending 70 O.S. 2001, Section 3218.7, as amended by Section 8, Chapter 399, O.S.L. 2002 (70 O.S. Supp. 2004, Section 3218.7), which relates to waiver of tuition for children of certain professionals; adding waiver of tuition for children of emergency medical technicians killed in the line of duty; defining emergency medical technician; providing an effective date; and declaring an emergency.

HB 1507  By Roan. An Act relating to controlled dangerous substances; amending 22 O.S. 2001, Section 1105, as amended by Section 2, Chapter 59, O.S.L. 2004 (22 O.S. Supp. 2004, Section 1105), which relates to defendants discharged on giving bail; modifying standard of proof for rebuttable presumption; amending 63 O.S. 2001, Section 2-212, as last amended by Section 9, Chapter 300, O.S.L. 2004 (63 O.S. Supp. 2004, Section 2-212), which relates to Schedule V of the Uniform Controlled Dangerous Substances Act; requiring driver license or state-issued identification card to purchase certain items; specifying information to be obtained from purchaser; defining terms; and providing an effective date.

HB 1508  By Roan. An Act relating to prisons and reformatories; amending 57 O.S. 2001, Section 37, as amended by Section 3, Chapter 239, O.S.L. 2004 (57 O.S. Supp. 2004, Section 37), which relates to facilities reaching maximum capacity; authorizing document transfer by county authority; requiring notification and transportation of excess inmates by county authority; modifying judgment and sentence transmittal procedures; requiring reimbursement to county authority for inmate housing; modifying procedure for reimbursement; amending Section 1, Chapter 88, O.S.L. 2002 (57 O.S. Supp. 2004, Section 508.4), which relates to Investigations Division; clarifying jurisdictional boundaries of the Department; amending 57 O.S. 2001, Section 563.2, as last amended by Section 1, Chapter 552, O.S.L. 2004 (57 Second Legislative Day, Monday, February 07, 2005 189

O.S. Supp. 2004, Section 563.2), which relates to private prison facilities for certain inmates; requiring emergency plan agreement; modifying notification requirements and procedures for prison incidents; requiring access and command post at private prison facilities; amending 57 O.S. 2001, Section 563.3, which relates to private prison contractors; requiring certain standard of proof for injunction; clarifying fee assessment for monitoring services; and providing an effective date.

HB 1509  By Roan and Sweeden. An Act relating to DNA Offender Database; amending 20 O.S. 2001, Section 1313.2, as last amended by Section 1, Chapter 291, O.S.L. 2004 (20 O.S. Supp. 2004, Section 1313.2), which relates to penalties and fines; expanding scope of DNA assessment fee; amending 22 O.S. 2001, Section 991a, as last amended by Section 2, Chapter 418, O.S.L. 2004 (22 O.S. Supp. 2004, Section 991a), which relates to sentencing powers of court and DNA testing; modifying submission requirements for DNA testing; amending 74 O.S. 2001, Section 150.27a, as last amended by Section 4, Chapter 143, O.S.L. 2004 (74 O.S. Supp. 2004, Section 150.27a), which relates to OSBI DNA Offender Database; modifying purpose of OSBI DNA Offender Database; and providing an effective date.

HB 1510  By Worthen. An Act relating to professions and occupations; amending 59 O.S 2001, Section 858- 309, which relates to The Oklahoma Real Estate License Code; updating language; and providing an effective date.

HB 1511  By Worthen. An Act relating to professions and occupations; amending 59 O.S. 2001, Sections 46.3 and 46.28, which relate to the State Architectural Act; modifying certain definition; modifying scope of the act; modifying criteria for certain persons to be exempt from registration under the act; and providing an effective date.

HB 1512  By Worthen. An Act relating to elections; amending 26 O.S. 2001, Section 14-115.4, as last amended by Section 8, Chapter 307, O.S.L. 2004 (26 O.S. Supp. 2004, Section 14-115.4), which relates to in-person absentee voting; modifying days for in-person absentee voting; and providing an effective date.

HB 1513  By Peterson (Pam). An Act relating to schools; amending 70 O.S. 2001, Section 509.9, which relates to discrimination against employee organizations; prohibiting school districts from denying certain professional associations equal access to employees; providing certain examples of access; and declaring an emergency.

HB 1514  By Morrissette. An Act relating to schools; amending Section 4, Chapter 197, O.S.L. 2004 (70 O.S. Supp. 2004, Section 24-106.1), which relates to classroom displays; clarifying statutory language; and providing an effective date.

190 House Journal

HB 1515  By Morrissette. An Act relating to workers’ compensation; amending 36 O.S. 2001, Section 902.1, as last amended by Section 5, Chapter 519, O.S.L. 2004 (36 O.S. Supp. 2004, Section 902.1), which relates to workers’ compensation insurance rates; requiring the State Board for Property and Casualty Rates to promulgate rules for certain public hearings; and providing an effective date.

HB 1516  By Morrissette. An Act relating to civil procedure; amending 12 O.S. 2001, Sections 1171.3, as amended by Section 1, Chapter 393, O.S.L. 2004, 1173, 1173.4, as amended by Section 5, Chapter 450, O.S.L. 2004 and 1194 (12 O.S. Supp. 2004, Sections 1171.3 and 1173.4), which relate to garnishments; modifying certain method of withholding; modifying time period for garnishee to make certain filing; modifying certain due date; modifying time period for a garnishee to make certain filing; deleting certain entity exempted from certain judgment; expanding meaning of certain conduct; providing an exception for rendering judgments under certain circumstances; and providing an effective date.

HB 1517  By Liebmann. An Act relating to roads, bridges and ferries; repealing 69 O.S. 2001, Section 504, which relates to maintenance of streets, roads and state-owned parking lots on Capitol grounds; providing an effective date; and declaring an emergency.

HB 1518  By Piatt. An Act relating to property; amending 60 O.S. 2001, Section 175.47, as amended by Section 6, Chapter 217, O.S.L. 2003 (60 O.S. Supp. 2004, Section 175.47), which relates to the power of alienation of property; clarifying language; and providing an effective date.

HB 1519  By Lindley. An Act relating to tattooing; amending 21 O.S. 2001, Sections 842.1, 842.2 and 842.3, which relate to body piercing; prohibiting tattooing on certain persons; modifying statutory references; defining terms; modifying definitions; modifying penalty; prohibiting certain acts unless licensed; requiring State Board of Health to promulgate rules regulating tattooing; modifying administrative fine; repealing 21 O.S. 2001, Section 841, which relates to prohibition against tattooing; repealing 21 O.S. 2001, Section 842, which relates to penalty for tattooing; and providing an effective date.

HB 1520  By Lindley. An Act relating to state government; amending 74 O.S. 2001, Section 85.7a, which relates to the Oklahoma Central Purchasing Act; clarifying language; and providing an effective date.

HB 1521  By Lindley. An Act relating to schools; amending 70 O.S. 2001, Section 24-100, as amended by Section 4, Chapter 149, O.S.L. 2002 and as renumbered by Section 5, Chapter 149, O.S.L. 2002 (70 O.S. Supp. 2004, Section 24-100.5), which relates to Safe School Committees; requiring school districts to submit Safe School Committee reports to the State Department Second Legislative Day, Monday, February 07, 2005 191 of Education; stating content of reports; providing an effective date; and declaring an emergency.

HB 1522  By Lindley. An Act relating to poor persons; creating Oklahoma 2-1-1 Call Center Act; stating legislative intent; amending Section 1, Chapter 411, O.S.L. 2004 (56 O.S. Supp. 2004, Section 3021), which relates to Oklahoma 2-1-1 Advisory Collaborative; providing for administration of certain grants; establishing Collaborative as part of Department of Human Services; restricting certain administrative costs; providing for codification; and providing an effective date.

HB 1523  By Lindley. An Act relating to crimes and punishments; creating the Prostitution Offender Act; stating purpose of act; authorizing establishment of prostitution offender program; requiring assistance of Department of Health; providing for codification; and providing an effective date.

HB 1524  By Lindley. An Act relating to crimes and punishments; amending Section 1, Chapter 281, O.S.L. 2004 (21 O.S. Supp. 2004, Section 649.3), which relates to harming, mistreating, or killing service dogs; expanding crime to include service animals; defining term; and providing an effective date.

HB 1525  By Lindley. An Act relating to railroads; amending 66 O.S. 2001, Section 55, which relates to acquisition of land; modifying consideration given in determining reimbursement of certain fees; and providing an effective date.

HB 1526  By Lindley. An Act relating to landlord and tenant; amending 41 O.S. 2001, Section 121, which relates to the Residential Landlord and Tenant Act; requiring landlords to comply with certain municipal ordinances; adding certain costs to be deducted from rent for noncompliance; and providing an effective date.

HB 1527  By DePue. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 809, which relates to estate tax; modifying applicability of exemption; increasing amount of exemption on yearly basis; repealing 68 O.S. 2001, Sections 801, 802, 802.1, 803, 804, 805, as amended by Section 5, Chapter 458, O.S.L. 2002, 806, 807, as amended by Section 11, Chapter 472, O.S.L. 2003, 808, 809, 810, 811, as amended by Section 2, Chapter 535, O.S.L. 2004, 812, 813, 814, 815, as last amended by Section 3, Chapter 535, O.S.L. 2004, 815.1, 816, 816.1, 817, 818, 819, 820, 821, 822, 823, 824 and 825 (68 O.S. Supp. 2004, Sections 805, 807, 811 and 815), which relate to the imposition and collection of a tax on the estate of a decedent; and providing effective dates.

192 House Journal

HB 1528  By DePue. An Act relating to elections; amending 26 O.S. 2001, Sections 7-114 and 14-115.4, as last amended by Section 8, Chapter 307, O.S.L. 2004 (26 O.S. Supp. 2004, Section 14- 115.4), which relate to voting; requiring presentment of proof of identity when voting; providing for proof of identity; allowing persons without proof of identity to vote and providing procedure therefor; providing penalty for false statements; and providing an effective date.

HB 1529  By DePue. An Act relating to public finance; amending 62 O.S. 2001, Section 41.47, as amended by Section 3, Chapter 301, O.S.L. 2003 (62 O.S. Supp. 2004, Section 41.47), which relates to the Legislative Oversight Committee on State Budget Performance; modifying reference; providing an effective date; and declaring an emergency.

HB 1530  By DePue. An Act relating to state government; directing the Oklahoma Tourism and Recreation Commission to enter into a cooperative agreement with a certain organization to promote the Oklahoma Territorial Railroad project; state purpose of the agreement; describing the Oklahoma Territorial Railroad project; listing certain terms of the agreement; prohibiting creation of an obligation of the state; providing for codification; and declaring an emergency.

HB 1531  By DePue. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 1401, which relates to arson; clarifying actions that constitute arson; providing penalties; and providing an effective date.

HB 1532  By DePue. An Act relating to revenue and taxation; creating the Sexually Explicit Business and Escort Service Tax Act; defining terms; providing for tax on certain business transactions; requiring filing of tax return; directing placement of funds collected; requiring certain records to be maintained; allowing for inspection of records; allowing for assessment of tax within certain time under certain conditions; restricting ability of business to receive credit or refund; providing for codification; and providing an effective date.

HB 1533  By Tibbs. An Act relating to vulnerable adults; amending 43A O.S. 2001, Sections 10-104, as amended by Section 1, Chapter 399, O.S.L. 2003 and 10-105, as last amended by Section 27, Chapter 5, O.S.L. 2004 (43A O.S. Supp. 2004, Sections 10-104 and 10-105), which relate to Protective Services for Vulnerable Adults Act; modifying certain reporting requirements; modifying investigation of certain reports; amending 56 O.S. 2001, Section 1005, which relates to poor persons; adding crime for certain false reports; and providing an effective date.

HB 1534  By Deutschendorf. An Act relating to revenue and taxation; authorizing income tax credits; authorizing tax credits for certain in lieu tax; authorizing insurance premium tax credits; providing for Second Legislative Day, Monday, February 07, 2005 193 credits issued to qualified housing component manufacturing facility; providing for transferability of credits; limiting total amount of credits; defining terms; prescribing procedures for use of credits; requiring certain information to be provided to Oklahoma Tax Commission; imposing liability upon certain entity under certain circumstances; restricting encumbrance of assets purchased with proceeds from sale of credits; providing for certain treatment of obligation based upon insolvency or actions related to protection from creditors; requiring deposit of certain net profits by qualified initial recipient or certain reinvestment activity; imposing restriction upon discount of credits; providing limitation upon time period for use of credit; imposing duties upon Oklahoma Tax Commission; providing for certification process; providing for codification; and declaring an emergency.

HB 1535  By Peterson (Ron). An Act relating to insurance; amending 36 O.S. 2001, Sections 348.1, as amended by Section 4, Chapter 307, O.S.L. 2002, Section 3, Chapter 274, O.S.L. 2004, 629, as amended by Section 4, Chapter 274, O.S.L. 2004, and 903, as amended by Section 7, Chapter 519, O.S.L. 2004, 47 O.S. 2001, Section 11-801b, as renumbered by Section 35, Chapter 397, O.S.L. 2002, and 36 O.S. 2001, Sections 987, as amended by Section 19, Chapter 519, O.S.L. 2004, 991, 992, 1204, 1435.35, 1616, 1655, 3639, 4101, 6402, 6418, Section 22, Chapter 390, O.S.L. 2003, Section 6, Chapter 197, O.S.L. 2003, and Section 26, Chapter 197, O.S.L. 2003 (36 O.S. Supp. 2004, Sections 348.1, 615.2, 629, 903, 944, 987, 6821, 6906 and 6926), which relate to the Oklahoma Insurance Code; allowing Commissioner to impose fees along with Board; requiring health maintenance organizations to maintain certain information; requiring approval from Insurance Commissioner for use of third party; modifying date certain payments must be made; including every insurer in application of rate filing mandates; modifying days required for approval of rates; deleting automatic approval of certain filings; providing reference; modifying type of risk covered; modifying references to certain act; allowing filing and approval by Insurance Commissioner; modifying reference to certain act; allowing investment in certain stocks; setting investment limits; adding certain standards for certain material transactions; reducing percentage of insured’s assets that can be used; modifying reference to certain act; removing policy coverage requirement; allowing for filing of rates; removing approval requirement for rates filed; requiring filing of affidavit by certain person; increasing fidelity bond or insurance maximum amount; clarifying exclusion; creating the Health Savings Account Act; stating purpose; defining terms; allowing exemption from certain mandates for certain insurance plans; amending 25 O.S. 2001, Section 307.1, as last amended by Section 14, Chapter 5, O.S.L. 2004 (25 O.S. Supp. 2004, Section 307.1), which relates to the Open Meeting Act; allowing certain board to hold meetings by teleconference; amending 85 O.S. 2001, Section 64, which relates to employer’s insurance; allowing for indemnity benefits to be paid; repealing 36 O.S. 2001, Section 627, which relates to the authorization of insurers; providing for codification; and providing an effective date.

HB 1536  By Peterson (Ron). An Act relating to insurance; allowing for investments by a domestic company in certain equipment, systems or property; limiting amount of investment; providing for codification; and declaring an emergency.

HB 1537  By Peterson (Ron). 194 House Journal

An Act relating to education; amending Section 1, Chapter 322, O.S.L. 2003 and Section 2, Chapter 322, O.S.L. 2003 (70 O.S. Supp. 2004, Sections 3243 and 3244), which relate to postsecondary student vaccinations; modifying type of postsecondary institution required to comply with requirements for policy and notification on student vaccinations; providing an effective date; and declaring an emergency.

HB 1538  By Peterson (Ron). An Act relating to insurance; amending 36 O.S. 2001, Section 102, which relates to the Oklahoma Insurance Code; clarifying language; and providing an effective date.

HB 1539  By Peterson (Ron). An Act relating to insurance; amending 36 O.S. 2001, Sections 6601, 6602, as last amended by Section 1, Chapter 169, O.S.L. 2004, 6604, 6605, 6607, 6614, 6615, as amended by Section 2, Chapter 169, O.S.L. 2004, 6616, 6617, 6619, as amended by Section 4, Chapter 409, O.S.L. 2002, 6620, as amended by Section 5, Chapter 409, O.S.L. 2002, 6622, 6626, 6628 and 6631 (36 O.S. Supp. 2004, Sections 6602, 6615, 6619 and 6620), which relate to the Service Warranty Insurance Act; updating language; modifying definitions; increasing fee; providing for appointment of administrator; excluding certain agreement from insurance; removing bond agreement; requiring consideration in lieu of premium; providing standards for insurer; modifying amount of premium returned after cancellation; exempting certain premiums from premium tax; providing for sales tax on service warranties; requiring consideration in lieu of premium; providing exemptions for persons from registration; providing reference; deleting reference to exemption; clarifying grounds for certain actions by Insurance Commissioner; limiting amount of administrative penalty; modifying disclosure statement; limiting liability; repealing 36 O.S. 2001, Section 6606, which relates to the Service Warranty Insurance Act; and providing an effective date.

HB 1540  By Peterson (Ron). An Act relating to cities and towns; amending 11 O.S 2001, Section 27-104, as amended by Section 2, Chapter 173, O.S.L. 2004 (11 O.S. Supp. 2004, Section 27-104), which relates to courts; deleting authorization for a governing body to appoint the mayor as a judge; clarifying judicial requirements for conducting certain trials; amending Section 2, Chapter 148, O.S.L. 2004 (22 O.S. Supp. 2004, Section 1108.2), which relates to the State and Municipal Traffic Bail Bond Procedure Act; deleting reference to municipal court for personal recognizance bond procedures; deleting certain court findings and action taken on offender; deleting certain court appearance options for an offender; amending 59 O.S. 2001, Section 1316, as amended by Section 1, Chapter 550, O.S.L. 2004 (59 O.S. Supp. 2004, Section 1316), which relates to bail bondsman; allowing a certain fee to apply to a security deposit filed with a court clerk; clarifying the type of fee to be deposited in certain fund; repealing 11 O.S. 2001, Section 27-129, as amended by Section 5, Chapter 173, O.S.L. 2004 (11 O.S. Supp. 2004, Section 27-129), which relates to municipal courts; and providing an effective date.

HB 1541  By Peterson (Ron). An Act relating to the Compulsory Insurance Law; limiting recovery for damages or claims against insurer for liability for motor vehicle accidents in certain circumstances; providing exceptions; providing who may assert limitation; providing for codification; and providing an effective date. Second Legislative Day, Monday, February 07, 2005 195

HB 1542  By Peterson (Ron). An Act relating to state government; creating the Oklahoma Pharmaceutical Availability and Affordability Act; defining terms; allowing for state to enter into multistate agreements; requiring council to represent state; creating Oklahoma Pharmaceutical Cost Management Council; mandating composition of Council; outlining powers of Council; requiring reporting of certain costs by certain makers of prescription drugs; allowing exemptions for certain disclosures; providing for promulgation of rules; creating the Task Force on State and Education Employee Insurance; providing for makeup of task force; requiring actuarial study of state health insurance plan; setting parameters of study; providing for codification; providing for noncodification; providing an effective date; and declaring an emergency.

HB 1543  By Calvey. An Act relating to public health and safety; enacting the Women’s Right to Know Act; providing short title; defining terms; requiring voluntary and informed consent for an abortion; specifying requirements for a voluntary and informed consent; requiring the State Department of Health to publish certain printed materials; requiring development of an Internet website for certain purpose; providing for medical emergencies; requiring the State Department of Health to prepare certain reporting forms; providing procedure for use of report forms; specifying penalties; authorizing actual and punitive damages under certain circumstances; providing for injunctions and attorney fees under certain circumstances; providing procedure for anonymity of certain persons; providing for severability; enacting the Family Protection Act; providing short title; defining terms; prohibiting abortions on certain persons without certain notice; providing procedures related to the notice; specifying penalties; authorizing actual and punitive damages; requiring the State Department of Health to prepare certain reporting form; providing procedure for use of report form; requiring the State Department of Health to issue certain report; providing remedy for failure to issue certain report; providing for severability; providing for codification; and providing an effective date.

HB 1544  By Calvey. An Act relating to Oklahoma Self-Defense Act; amending 21 O.S. 2001, Section 1290.5, as amended by Section 1, Chapter 122, O.S.L. 2003 (21 O.S. Supp. 2004, Section 1290.5), which relates to terms and renewal of licenses; modifying renewal requirements for concealed handgun license; limiting authority of game wardens to issue citations or make arrest in certain circumstances; providing for codification; and providing an effective date.

HB 1545  By Calvey. An Act relating to militia; amending 44 O.S. 2001, Section 208.1, which relates to the Oklahoma National Guard; updating reference to certain act; amending 44 O.S. 2001, Sections 232.1 and 232.6, which relate to government and control of armories and armory buildings; adding definition; providing duties of Adjutant General; updating language; providing definitions; allowing certain extension for expired licenses; providing renewal procedures; providing for codification; and providing an effective date.

HB 1546  By Calvey. 196 House Journal

An Act relating to homestead and exemptions; amending Section 2, Chapter 509, O.S.L. 2004 (31 O.S. Supp. 2004, Section 11), which relates to the Family Wealth Preservation Trust Act; adding persons to act as trustee under certain conditions; and providing an effective date.

HB 1547  By Calvey. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2357, which relates to credits against tax; modifying tax credit for children; and providing an effective date.

HB 1548  By Hastings. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 101, which relates to the Oklahoma Tax Code; clarifying language; and providing an effective date.

HB 1549  By Hastings. An Act relating to insurance; amending 36 O.S. 2001, Section 101, which relates to the Oklahoma Insurance Code; clarifying language; and providing an effective date.

HB 1550  By Wright. An Act relating to the Administrative Procedures Act; amending 75 O.S. 2001, Section 303, as last amended by Section 1, Chapter 317, O.S.L. 2003 (75 O.S. Supp. 2004, Section 303), which relates to procedure for adopting, amending and revoking rules; modifying requirement for calling of certain hearings; and providing an effective date.

HB 1551  By Wright. An Act relating to sunset; creating the Oklahoma Sunset Advisory Commission; stating purpose; specifying duties; providing for membership and terms of the Commission; requiring recommendations; providing for codification; providing an effective date; and declaring an emergency.

HB 1552  By Young. An Act relating to property; amending 60 O.S. 2001, Section 137, which relates to trusts; clarifying language; and providing an effective date.

HB 1553  By Carey. An Act relating to records; amending 47 O.S. 2001, Section 2-110, as last amended by Section 7, Chapter 130, O.S.L. 2004 (47 O.S. Supp. 2004, Section 2-110), which relates to creation, organization, and responsibilities of the Department of Public Safety; deleting authority to prepare, deliver, and collect fees for videotape recordings; requiring certain records be provided upon payment of fees; making Department exempt from examining, segregating, and writing customized computer program for records or computer files; amending 51 O.S. 2001, Section 24A.18, which relates to Oklahoma Open Records Act; making law enforcement agencies exempt from examining, segregating, and writing customized computer program for records or computer files; and providing an effective date.

HB 1554  By DeWitt. Second Legislative Day, Monday, February 07, 2005 197

An Act relating to torts; creating the Commonsense Consumption Act; providing short title; stating legislative intent; defining terms; providing immunity from civil liability for certain claims; providing exception; providing pleading requirements; providing for stay of discovery and other proceedings in certain circumstances; providing scope of claims covered; providing for codification; and providing an effective date.

HB 1555  By Jackson. An Act relating to revenue and taxation; authorizing income tax credit for expenditure related to certain guaranty fee; requiring payment based upon participation in certain program; limiting credit to certain income; permitting taxpayer to carry forward unused credit for certain time period; restricting claimants eligible to claim credit; providing for codification; and providing an effective date.

HB 1556  By Jackson. An Act relating to revenue and taxation; amending Section 1, Chapter 385, O.S.L. 2003 (68 O.S. Supp. 2004, Section 2357.66), which relates to tax credits for ethanol facilities; allowing for transfer of credit; requiring transfer agreement to be filed with Oklahoma Tax Commission; allowing for promulgation of rules; and providing an effective date.

HB 1557  By Staggs. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 6 of Article X of the Constitution of the State of Oklahoma; modifying provisions related to exemptions from ad valorem taxation; providing for exemption of certain fraternal property; modifying requirements related to exemption for charitable property; providing exception for real property of certain charitable hospitals; imposing certain filing requirement; providing ballot title; and directing filing.

HB 1558  By Staggs. An Act relating to schools; directing school districts to establish a deferred compensation plan; providing for deferment and investment of compensation; directing school districts to establish a deferred savings incentive plan; providing for payment of certain amount by the school district to certain plans; defining certain term; requiring designation of an administrator for the deferred savings incentive plan; providing for investment of certain funds; providing for codification; providing an effective date; and declaring an emergency.

HB 1559  By Staggs. An Act relating to children; amending 10 O.S. 2001, Sections 7102, as amended by Section 1, Chapter 487, O.S.L. 2002 and 7103 (10 O.S. Supp. 2004, Section 7102), which relates to Oklahoma Child Abuse Reporting and Prevention Act; modifying definition of certain term; expanding list of persons required to report abuse or neglect; and providing an effective date.

HB 1560  By Miller (Ken). 198 House Journal

An Act relating to property; prohibiting the restriction of displaying certain items by members of certain associations; specifying method of displaying political signs under certain circumstances; providing for codification; and providing an effective date.

HB 1561  By Miller (Ken). An Act relating to marriage and family; amending 43 O.S. 2001, Sections 1, 5, 6 and 101, which relate to marriage; providing for covenant marriages; defining term; specifying conditions and process; providing for designation of covenant marriages on marriage applications; specifying contents; clarifying and updating language; providing for declarations of intent to contract a covenant marriage; providing contents and attachments; requiring certain counseling; providing for construction of section; authorizing certain exemption; providing for compliance with other marriage laws not in conflict; providing for execution of a declaration of intent to designate the marriage as a covenant marriage to married parties; providing for procedures; providing for declaration and contents; specifying grounds for termination of a covenant marriage; providing for development and printing of the “Guide for Covenant Marriages” by the Administrative Director of the Courts; providing for contents; providing for codification; and providing effective dates.

HB 1562  By Miller (Ken). An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1357, as last amended by Section 8, Chapter 535, O.S.L. 2004 (68 O.S. Supp. 2004, Section 1357), which relates to general sales tax exemptions; modifying qualifications of exemption related to collection and distribution of food; providing an effective date; and declaring an emergency.

HB 1563  By Miller (Ken). An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2357, which relates to credits against tax; modifying tax credit for children; deleting obsolete language; and providing an effective date.

HB 1564  By Miller (Ken). An Act relating to public buildings and public works; amending 61 O.S. 2001, Section 202.1, as amended by Section 1, Chapter 277, O.S.L. 2003 (61 O.S. Supp. 2004, Section 202.1), which relate to the Public Building Construction and Planning Act; providing applicability of the act to certain entities; clarifying requirement for written approval; providing an exception from agency approval for certain construction methods; and providing an effective date.

HB 1565  By Sullivan. An Act relating to jurors; amending 38 O.S. 2001, Section 18, as last amended by Section 1, Chapter 234, O.S.L. 2003 (38 O.S. Supp. 2004, Section 18), which relates to method of ascertaining names of persons qualified for jury service; modifying method of ascertaining names; and providing an effective date.

HB 1566  By Sullivan. An Act relating to insurance; amending 36 O.S. 2001, Section 1509, as amended by Section 56, Chapter 368, O.S.L. 2004 (36 O.S. Supp. 2004, Section 1509), which relates to Second Legislative Day, Monday, February 07, 2005 199 assets and liabilities of insurers; extending moratorium on applicability of certain reserve requirements; amending 36 O.S. 2001, Section 1530, as amended by Section 57, Chapter 368, O.S.L. 2004 (36 O.S. Supp. 2004, Section 1530), which relates to risk-based capital for insurers; extending time insurer is exempt from certain surplus requirements; and providing an effective date.

HB 1567  By Reynolds. An Act relating to public health and safety; amending 63 O.S. 2001, Section 3101.4, as last amended by Section 1, Chapter 166, O.S.L. 2004 (63 O.S. Supp. 2004, Section 3101.4), which relates to advance directives; deleting hydration as a substance that can be authorized to be withdrawn; providing an effective date; and declaring an emergency.

HB 1568  By Brannon. An Act relating to the Oklahoma Public Employees Retirement System; amending 74 O.S. 2001, Sections 902, as amended by Section 2, Chapter 539, O.S.L. 2004, 915, as last amended by Section 24, Chapter 536, O.S.L. 2004, and 919.1, as last amended by Section 5, Chapter 539, O.S.L. 2004 (74 O.S. Supp. 2004, Sections 902, 915 and 919.1), which relate to definitions, benefit computations and employee contribution rates; modifying definition of normal retirement date for certain employees of the Department of Corrections; modifying retirement benefit computations for such employees based upon certain job requirements; modifying employee contribution rate for such employees; providing an effective date; and declaring an emergency.

HB 1569  By Walker. An Act relating to public health and safety; providing for informed consent for an abortion; defining terms; requiring certain persons to receive specified information; providing exceptions; specifying time limitations; requiring certification; requiring State Department of Health to publish and update certain materials; requiring maintenance of a web site; providing for emergency abortions; requiring reporting; requiring the State Department of Health to prepare certain abortion reports; providing for confidentiality and anonymity; providing for liability; authorizing certain actions; making certain acts subject to certain disciplinary action; providing exception; providing for additional remedies; providing for construction of act; providing for severability; providing for codification; and declaring an emergency.

HB 1570  By Walker. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1356, as last amended by Section 6, Chapter 535, O.S.L. 2004 (68 O.S. Supp. 2004, Section 1356), which relates to sales tax exemptions for governmental and nonprofit entities; providing sales tax exemption for materials used in construction projects by governmental entities and nonprofit organizations related to certain hospitals; providing an effective date; and declaring an emergency.

HB 1571  By Walker. An Act relating to Massage Therapy Practice Act; providing short title; defining terms; establishing licensing; providing for exceptions; creating the State Board of Massage Therapy; providing for powers of Board; establishing requirements for licensure of certain 200 House Journal persons; prohibiting assignability of license; providing for examinations; providing for licensure by credentials; establishing procedure for renewal of license; providing for licensing of certain practicing massage therapists; establishing inactive status; providing for license fees; restricting advertising; providing for power of county or municipal governments; providing for denial and suspension of license; protecting certain actions; creating criminal offenses and punishments; creating fund; providing for codification; and providing an effective date.

HB 1572  By Walker. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 1835, which relates to trespass; adding method for posting against trespass; specifying requirements for certain posting; requiring explanatory signs until certain date; clarifying application of certain offense; providing an effective date; and declaring an emergency.

HB 1573  By Walker. An Act relating to revenue and taxation; amending 68 O.S. 2001, Sections 1367.1, as last amended by Section 73, Chapter 5, O.S.L. 2004 and 1410.1 (68 O.S. Supp. 2004, Section 1367.1), which relate to the deduction for remitting sales and use taxes; increasing the amount that may be deducted for the timely filing of sales and use taxes; providing an effective date; and declaring an emergency.

HB 1574  By Walker. An Act relating to waters and water rights; amending 82 O.S. 2001, Section 1618, as amended by Section 18, Chapter 46, O.S.L. 2002 (82 O.S. Supp. 2004, Section 1618), which relates to the Oklahoma Floodplain Management Act; modifying application of act; and providing an effective date.

HB 1575  By Walker. An Act relating to game and fish; amending 29 O.S. 2001, Section 7-403, which relates to removal and disposition of dead fish; clarifying statutory language; and providing an effective date.

HB 1576  By Morrissette. An Act relating to criminal procedure; amending 22 O.S. 2001, Section 991c, as last amended by Section 12, Chapter 275, O.S.L. 2004 (22 O.S. Supp. 2004, Section 991c), which relates to deferred sentences; providing for immediate expungement under certain circumstance; and providing an effective date.

HB 1577  By Piatt. An Act relating to revenue and taxation; ordering a legislative referendum pursuant to the Oklahoma Constitution; amending 68 O.S. 2001, Sections 500.4 and 500.6a, which relate to the Motor Fuel Tax Code; increasing tax on fuels used for aircraft; increasing tax in two phases; updating language; deleting obsolete language; providing an effective date; providing ballot title; and directing filing.

HB 1578  By Piatt. Second Legislative Day, Monday, February 07, 2005 201

An Act relating to the Consumer Credit Code; amending 14A O.S. 2001, Section 6- 101, which relates to administration; clarifying language; and providing an effective date.

HB 1579  By Piatt. An Act relating to banks; amending 6 O.S. 2001, Section 101, which relates to the Oklahoma Banking Code; clarifying language; and providing an effective date.

HB 1580  By Piatt. An Act relating to liens; amending 42 O.S. 2001, Section 3, which relates to general liens; clarifying language; and providing an effective date.

HB 1581  By Piatt. An Act relating to professions and occupations; amending 59 O.S. 2001, Section 2081, which relates to the Mortgage Broker Licensure Act; updating language; and providing an effective date.

HB 1582  By McMullen. An Act relating to Uniform Controlled Dangerous Substances Act; amending 63 O.S. 2001, Section 2-401, as last amended by Section 2, Chapter 396, O.S.L. 2004 (63 O.S. Supp. 2004, Section 2-401), which relates to prohibited acts and penalties; modifying penalty for certain prohibited acts; and providing an effective date.

HB 1583  By McMullen. An Act relating to child abuse; amending 10 O.S. 2001, Section 7102, as amended by Section 1, Chapter 487, O.S.L. 2002 (10 O.S. Supp. 2004, Section 7102), which relates to Oklahoma Child Abuse Reporting and Prevention Act; modifying certain definition; amending 21 O.S. 2001, Section 852.1, which relates to child endangerment; modifying scope of crime; and providing an effective date.

HB 1584  By Jones. An Act relating to motor vehicles; amending 21 O.S. 2001, Section 918, which relates to sales activities on Sunday; adding exception; amending 47 O.S. 2001, Section 564.1, which relates to new motor vehicles and recreational vehicles; modifying reference from display to event; modifying conditions for holding certain off-premise event; deleting conditions for holding certain off-premise promotion; deleting conditions for holding certain same line-make vehicle promotions; modifying the conditions for allowing an off- premise event where sales are conducted; modifying the reasons for the Oklahoma Motor Vehicle Commission to authorize a variance; and providing an effective date.

HB 1585  By Adkins. An Act relating to cities and towns; amending 11 O.S. 2001, Section 37-115, which relates to municipal water supply; updating language; and providing an effective date.

HB 1586  By Adkins. An Act relating to oil and gas; amending 52 O.S. 2001, Section 87.3, which relates to application or petition for well location exception; clarifying statutory citation; and providing an effective date. 202 House Journal

HB 1587  By Adkins. An Act relating to oil and gas; amending 52 O.S. 2001, Section 86.4, which relates to common source of supply; deleting obsolete language; and providing an effective date.

HB 1588  By Adkins. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1001, as last amended by Section 1, Chapter 444, O.S.L. 2004 (68 O.S. Supp. 2004, Section 1001), which relates to gross production tax; changing the weighted average wellhead price for gas required for application of certain exemptions; providing an effective date; and declaring an emergency.

HB 1589  By Adkins. An Act relating to oil and gas; amending 52 O.S. 2001, Section 570.12, which relates to the Production Revenue Standards Act; requiring certain information be provided with payments; modifying certain information; requiring certain information be provided to the owner upon request; limiting number of requests; requiring cross-reference information to be provided to owners at certain times; allowing cross-reference information to be provided in certain forms; providing an effective date; and declaring an emergency.

HB 1590  By Adkins. An Act relating to telecommunications; amending 63 O.S. 2001, Sections 2843, as amended by Section 1, Chapter 456, O.S.L. 2002, 2843.1, as amended by Section 2, Chapter 456, O.S.L. 2002 and 2844, as amended by Section 3, Chapter 456, O.S.L. 2002 (63 O.S. Supp. 2004, Sections 2843, 2843.1 and 2844), which relate to the Nine-One-One Wireless Emergency Number Act; modifying definitions; deleting certain definition; changing amount of the nine-one-one emergency wireless telephone fee; changing time allowed to remit fee to substate planning districts; deleting requirement to reimburse wireless service providers for nine-one-one emergency wireless telephone service expenses; allowing a wireless service provider to recover certain enhanced nine-one-one service costs from customers; and providing an emergency.

HB 1591  By Adkins. An Act relating to fees; amending 28 O.S. 2001, Section 32, as last amended by Section 2, Chapter 288, O.S.L. 2004 (28 O.S. Supp. 2004, Section 32), which relates to county clerk fees; modifying use of fee collected to preserve, maintain, and archive public records; directing funds be used to create, preserve, and maintain public records in electronic form; providing an effective date; and declaring an emergency.

HB 1592  By Adkins. An Act relating to oil and gas; amending 52 O.S. 2001, Section 570.10, which relates to payment of proceeds from sale of oil and gas production; modifying certain interest rate for payment proceeds; stating exception; limiting interest rate in certain cases; modifying certain interest rate for proceeds not paid due to certain unmarketable title; and providing an effective date.

HB 1593  By Adkins. Second Legislative Day, Monday, February 07, 2005 203

An Act relating to the Corporation Commission; amending 17 O.S. 2001, Section 12, which relates to deposition by the Corporation Commission; updating statutory language; and providing an effective date.

HB 1594  By McPeak. An Act relating to public health and safety; establishing the Prescription Drug Access for Seniors Task Force; providing for appointments; providing for qualifications; providing for meetings and staffing; providing for reimbursement for travel; providing for purpose; requiring certain report; providing for codification; and declaring an emergency.

HB 1595  By McPeak. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2358, as last amended by Section 14, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2358), which relates to adjustments to taxable income; exempting all income earned by member of United States Armed Forces; and providing an effective date.

HB 1596  By McPeak. An Act relating to schools; directing school districts to increase support employee salaries; providing conditions of payment; clarifying eligibility of support employees; providing for noncodification; providing an effective date; and declaring an emergency.

HB 1597  By McPeak. An Act relating to volunteer firefighters; enacting the Oklahoma Volunteer Firefighter Incentive Act of 2005; amending 29 O.S. 2001, Sections 4-110, as last amended by Section 2, Chapter 287, O.S.L. 2003 and 4-112, as last amended by Section 1, Chapter 284, O.S.L. 2004 (29 O.S. Supp. 2004, Sections 4-110 and 4-112), which relate to fishing and hunting licenses; adding an exemption to the fishing and hunting license requirements for volunteer firefighters; amending 47 O.S. 2001, Section 6-101, as last amended by Section 5, Chapter 521, O.S.L. 2004 (47 O.S. Supp. 2004, Section 6-101), which relates to issuance and renewal of driver licenses; exempting volunteer firefighters from driver license and renewal fee requirement; providing tax deduction for volunteer firefighters based on years of service; requiring proof of service; providing for codification; providing for noncodification; providing an effective date; and declaring an emergency.

HB 1598  By McPeak. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 11-806, which relates to speed restrictions; adding fine for certain violation; and providing an effective date.

HB 1599  By McPeak. An Act relating to state employees; creating the Task Force for State Workforce Preparation; stating purpose of the Task Force; providing for membership; providing for appointments, meetings, officers, travel reimbursements, and staffing; stating duties of the Task Force; requiring a report by certain date; providing for noncodification; and declaring an emergency.

HB 1600  By McPeak. 204 House Journal

An Act relating to schools; amending 70 O.S. 2001, Section 11-103.6, as last amended by Section 1, Chapter 82, O.S.L. 2004 (70 O.S. Supp. 2004, Section 11-103.6), which relates to curriculum standards; allowing certain courses offered by supplemental education organizations be counted for credit upon certain approval; providing an effective date; and declaring an emergency.

HB 1601  By McPeak. An Act relating to state government; amending 74 O.S. 2001, Section 840-2.20, as last amended by Section 1, Chapter 401, O.S.L. 2004 (74 O.S. Supp. 2004, Section 840-2.20), which relates to the Oklahoma Personnel Act; creating an excess annual leave retirement credit bank; specifying purpose of bank; amending 74 O.S. 2001, Section 913, as last amended by Section 1, Chapter 359, O.S.L. 2004 (74 O.S. Supp. 2004, Section 913), which relates to the Oklahoma Public Employees Retirement System; modifying requirements and use of certain leave for retirement purposes; providing an effective date; and declaring an emergency.

HB 1602  By Wesselhoft. An Act relating to revenue and taxation; amending 68 O.S. 2001, Sections 500.6, as last amended by Section 8, Chapter 472, O.S.L. 2003 and 500.7 (68 O.S. Supp. 2003, Section 500.6), which relate to the Motor Fuel Tax Code; modifying the apportionment of the motor fuel tax on gasoline and diesel fuel; providing an effective date; and declaring an emergency.

HB 1603  By Wesselhoft. An Act relating to state employees; amending Rule 257:10-1-4 of the Rules of the Ethics Commission (74 O.S. 2001, Ch. 62, App.), which relates to political activity by state employees; providing exceptions to certain prohibited activities; allowing employees to become candidates for office under certain circumstances; specifying procedures relating to employees becoming candidates; requiring employees to make certain request; providing procedure for determining whether the employee is eligible to become a candidate; and providing an effective date.

HB 1604  By Miller (Doug). An Act relating to amusement and sports; amending 3A O.S. 2001, Section 200, which relates to the Oklahoma Horse Racing Act; clarifying short title; and providing an effective date.

HB 1605  By Miller (Doug). An Act relating to revenue and taxation; amending Section 1, Chapter 313, O.S.L. 2002 (68 O.S. Supp. 2004, Section 2357.32B), which relates to income tax credit for certain manufacturers; extending ending date of credit for manufacturers of advanced small wind turbines; modifying applicability of such credit; modifying time period and amount of such credit; and declaring an emergency.

HB 1606  By Miller (Doug). An Act relating to environment and natural resources; amending 27A O.S. 2001, Sections 2-11-402, as amended by Section 1, Chapter 185, O.S.L. 2004, 2-11-405, as last Second Legislative Day, Monday, February 07, 2005 205 amended by Section 2, Chapter 185, O.S.L. 2004, 2-11-406, as amended by Section 3, Chapter 185, O.S.L. 2004, 2-11-407, 2-11-407.1, as last amended by Section 4, Chapter 185, O.S.L. 2004, 2-11-408, as amended by Section 3, Chapter 502, O.S.L. 2002, 2-11-409, 2-11-412 and 2-11-413 (27A O.S. Supp. 2004, Sections 2-11-402, 2-11-405, 2-11-406, 2- 11-407.1 and 2-11-408), which relate to the Oklahoma Waste Tire Recycling Act; modifying definitions; modifying allocation of Waste Tire Recycling Indemnity Fund; modifying compensation of waste tire facilities; modifying evaluation of certification; establishing limits on waste tire storage; modifying priority cleanup list compensation; modifying method of compensation; clarifying rulemaking authority; clarifying unlawful actions; amending 27A O.S. 2001, Section 2-11-415, as amended by Section 4, Chapter 502, O.S.L. 2002 (27A O.S. Supp. 2004, Section 2-11-415), which relates to Oklahoma Safe Playground Surfaces Act; modifying disbursement of funds; repealing 27A O.S. 2001, Section 2-11-414, which relates to short title of act; and providing an effective date.

HB 1607  By Miller (Doug). An Act relating to professions and occupations; amending 59 O.S. 2001, Sections 475.1, 475.2, 475.3, as amended by Section 1, Chapter 26, O.S.L. 2004, 475.4, 475.6, 475.7, 475.8, 475.9, 475.10, 475.11, 475.12, 475.13, 475.14, 475.15, 475.16, 475.17, 475.18, 475.19, 475.20, 475.21 and 475.22 (59 O.S. Supp. 2004, Section 475.3), which relate to engineering and land surveying; modifying reference from registration and its variations to licensure and its variations throughout the act; modifying certain definitions; deleting requirement that board members receive certain certificate; authorizing the board to dispose of certain complaints and order examinations as it deems necessary; deleting reference to position of secretary; adding position of Director of Enforcement; clarifying reference to certain council; modifying time period for the board to report transactions to the Governor; providing that certain rosters be made available to the public; deleting certain evidence requirement to satisfy qualifications as a professional engineer and land surveyor; adding educational requirement for certain applicants after certain date; deleting certain application requirements; modifying examination requirements; adding certain examination subject areas; providing for fees; specifying method of presenting certain documents produced by multiple licensees and a firm; providing restriction on seal and signature; adding certain words that may appear on the seal; deleting certain rule promulgation requirement of the board; deleting licensure charge; modifying certain powers of the board to suspend, revoke, or issue a license; providing procedures for allegations of certain violations; allowing for administrative penalties; deleting reference to requirements for certain final documents; modifying requirements for persons in charge of a firm; deleting reference to certain fee amount; and providing an effective date.

HB 1608  By Miller (Doug). An Act relating to professions and occupations; amending 59 O.S. 2001, Sections 858- 208, 858-601, 858-603 and 858-604, which relate to the Oklahoma Real Estate License Code; modifying powers of the Oklahoma Real Estate Commission; clarifying use of certain fund; clarifying reference to certain act as a violation; modifying reference from injury to monetary loss; increasing amount of certain maximum payment; providing for recovery of attorney fees; and providing an effective date.

HB 1609  By Miller (Doug). 206 House Journal

An Act relating to motor vehicles; amending 47 O.S. 2001, Sections 581, as amended by Section 1, Chapter 483, O.S.L. 2003, 582, as last amended by Section 1, Chapter 229, O.S.L. 2003, 583, 584, and 585 (47 O.S. Supp. 2004, Sections 581 and 582), which relate to the Used Motor Vehicle and Parts Dealers; modifying certain definition; adding definition; modifying the powers and duties of the Used Motor Vehicle and Parts Commission; adding licensing requirement for Manufactured Home Salesperson; requiring certain fee; authorizing fine; adding certain violation; deleting certain violation imposed on used motor vehicle dealers; and providing an effective date.

HB 1610  By Roggow. An Act relating to landlord and tenant; amending 41 O.S. 2001, Section 132, which relates to the rights and duties of the landlord; providing penalty for certain noncompliance; and providing an effective date.

HB 1611  By Roggow. An Act relating to Oklahoma Child Abuse Reporting and Prevention Act; amending 10 O.S. 2001, Section 7102, as amended by Section 1, Chapter 487, O.S.L. 2002 (10 O.S. Supp. 2004, Section 7102), which relates to protection of children; modifying definitions; amending 10 O.S. 2001, Section 7110, as last amended by Section 1, Chapter 117, O.S.L. 2003 (10 O.S. Supp. 2004, Section 7110), which relates to multidisciplinary teams; modifying reaccreditation; amending 10 O.S. 2001, Section 7110.2, as amended by Section 4, Chapter 487, O.S.L. 2002 (10 O.S. Supp. 2004, Section 7110.2), which relates to the Child Abuse Multidisciplinary Account; modifying certain requirements; and declaring an emergency.

HB 1612  By Roggow. An Act relating to revenue and taxation; authorizing income tax credit for payment of certain fees associated with lending programs of the United States Farm Service Agency and the Rural Housing Service of the United States Department of Agriculture; prescribing amount of credit; prescribing limitations upon use of credit; requiring administrative rules; authorizing carryover; authorizing credit against certain tax imposed in lieu of income tax for financial institutions; prescribing amount of credit; imposing restrictions on use of credit; specifying date; requiring report; providing for codification; and providing an effective date.

HB 1613  By Roggow. An Act relating to insurance; creating privilege for insurance compliance self- evaluative audit; prohibiting person performing audit from being examined; allowing for voluntary submission of audit document; allowing document certain protections; limiting privilege if waived; providing for in camera determination by court for civil or criminal proceedings; allowing for filing of petition if request made for audit; allowing court to compel disclosure if certain conditions are met; requiring entity claiming privilege to prove privilege; allowing for stipulations to privilege; limiting scope of privilege; defining terms; providing for applicability of act; limiting effect of act on other statutory privileges; providing for codification; and declaring an emergency.

HB 1614  By Roggow. Second Legislative Day, Monday, February 07, 2005 207

An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1350, which relates to the Oklahoma Sales Tax Code; clarifying language; and providing an effective date.

HB 1615  By Roggow. An Act relating to revenue and taxation; amending Section 1, Chapter 385, O.S.L. 2003 (68 O.S. Supp. 2004, Section 2357.66), which relates to tax credits for ethanol facilities; modifying taxes against which credits claimable; allowing for transfer of credit; requiring transfer agreement to be filed with Oklahoma Tax Commission; allowing for promulgation of rules; providing an effective date; and declaring an emergency.

HB 1616  By Roggow. An Act relating to children; amending 10 O.S. 2001, Section 7107, which relates to the Oklahoma Child Abuse Reporting and Prevention Act; clarifying language; and providing an effective date.

HB 1617  By Benge. An Act relating to public health and safety; amending 63 O.S. 2001, Section 5015, which relates to review by Oklahoma Health Care Authority of certain health care programs; clarifying language; and providing an effective date.

HB 1618  By Benge. An Act relating to state government; amending 74 O.S. 2001, Section 6201, which relates to Hissom Memorial Treatment Center; modifying lease agreement with Greater Sand Springs Trust Authority; and providing an effective date.

HB 1619  By Nance. An Act relating to economic development; enacting the Oklahoma Quality Investment Act; stating legislative intent; defining terms; authorizing Quality Investment Agreements; prescribing duration of agreements; prescribing amount of incentive payments; authorizing certain economic analyses; imposing limitation upon amount of investment payments; authorizing units of local government to enter into Quality Investment Agreements; imposing maximum limitation upon investment payments each fiscal year; prescribing procedures related to Quality Investment Agreements; prescribing qualifications for eligible establishments; creating the Quality Investment Payment Fund; providing for deposit of revenues; providing purpose of revenue deposited; limiting liability based upon fund deposits; prescribing incentive payment claim procedures; providing for reduction of incentive payment amount; providing for cessation of payments under certain circumstances; providing for payments under certain conditions; prohibiting applications for incentive payments for prescribed period; providing for issuance of warrants; prohibiting receipt of certain benefits or incentives based upon receipt of incentive payments pursuant to Oklahoma Quality Investment Act; providing for promulgation of rules; imposing criminal penalties for certain conduct; authorizing fine or imprisonment; amending 25 O.S. 2001, Section 307, as amended by Section 1, Chapter 175, O.S.L. 2003 (25 O.S. Supp. 2004, Section 307), which relates to the Oklahoma Open Meeting Act; authorizing executive sessions for certain discussions by the Quality Investment Committee; amending Sections 1, 3 and 5, Chapter 391, O.S.L. 2004 (68 O.S. Supp. 2004, 208 House Journal

Sections 4101, 4103 and 4105), which relate to the Oklahoma Quality Investment Act; modifying short title; modifying references; providing for codification; providing an effective date; and declaring an emergency.

HB 1620  By Richardson. An Act relating to schools; amending 70 O.S. 2001, Section 6-101.26, as amended by Section 9, Chapter 434, O.S.L. 2003 (70 O.S. Supp. 2004, Section 6-101.26), which relates to Teacher Due Process Act of 1990; providing for approval of certain recommendation of the superintendent by the board of education; modifying procedures and content of notice of decision to dismiss or nonreemploy a teacher; modifying requirements for a pretermination hearing for career teachers and due process hearing for probationary teachers; establishing time period for notice of request by a teacher; providing for certain actions based on teachers response to right to a hearing; providing for eligibility of hearing judge; repealing 70 O.S. 2001, Section 6-101.27, which relates to the right to a trial de novo; providing an effective date; and declaring an emergency.

HB 1621  By Kern. An Act relating to schools; amending 70 O.S. 2001, Section 11-103.6, as last amended by Section 1, Chapter 82, O.S.L. 2004 (70 O.S. Supp. 2004, Section 11-103.6), which relates to curriculum standards; requiring the State Board of Education to adopt certain core curriculum standards for certain grades by a certain date; describing contents of the standards; establishing criteria for promotion to the next grade; prohibiting promotion if criteria is not met; requiring a certain reading instruction program; making exception for certain students; providing an effective date; and declaring an emergency.

HB 1622  By Kern. An Act relating to school employees; amending 70 O.S. 2001, Section 5-139, which relates to payroll deductions; allowing school employees to make certain request; requiring school districts to cease certain payroll deductions upon request of employee; prohibiting certain payment of future dues; and declaring an emergency.

HB 1623  By Wilt. An Act relating to inmates and prisoners; amending 12 O.S. 2001, Section 95, as last amended by Section 1, Chapter 168, O.S.L. 2004 (12 O.S. Supp. 2004, Section 95), which relates to limitations on bringing actions; modifying scope of certain limitation; amending 12 O.S. 2001, Section 397, as last amended by Section 2, Chapter 168, O.S.L. 2004 (12 O.S. Supp. 2004, Section 397), which relates to procedure in actions in which a prisoner is a witness or complaining or defending party; limiting scope of appearance; limiting use of writ of habeas corpus ad Testificandum; providing procedure for pretrial hearings for certain civil actions that involve a prisoner; amending 57 O.S. 2001, Section 564, which relates to actions initiated by inmates; clarifying requirement that inmates exhaust administrative remedies prior to initiating actions; amending Section 13, Chapter 168, O.S.L. 2004 (57 O.S. Supp. 2004, Section 566.5), which relates to the legal proceedings filed by inmates; expanding scope of requirement that inmate exhaust administrative remedies prior to the filing of any pleadings; and declaring an emergency.

HB 1624  By Wilt. Second Legislative Day, Monday, February 07, 2005 209

An Act relating to cities and towns; amending 11 O.S. 2001, Section 51-111, which relates to collective bargaining agreements for municipal fire fighters and police officers; providing that certain determinations shall be in writing; providing that certain arbitration awards shall be appealable; providing venue; requiring certain procedures be followed; and providing an effective date.

HB 1625  By Wilt. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1356, as last amended by Section 6, Chapter 535, O.S.L. 2004 (68 O.S. Supp. 2004, Section 1356), which relates to sales tax exemptions for governmental and nonprofit entities; authorizing sales tax exemption for sales by certain nonprofit organizations engaged in wetlands preservation activity; specifying transactions exempt from taxation; providing an effective date; and declaring an emergency.

HB 1626  By Wilt. An Act relating to insurance; amending 36 O.S. 2001, Sections 6053, 6054, 6055, as amended by Section 2, Chapter 288, O.S.L. 2003, 6057, 6057.1, 6057.2, 6057.3 and 6057.4 (36 O.S. Supp. 2004, Section 6055), which relate to Health Care Freedom of Choice Act; modifying title of act; updating language; and providing an effective date.

HB 1627  By Wilt. An Act relating to education; amending 70 O.S. 2001, Section 6-101, as amended by Section 3, Chapter 455, O.S.L. 2003 (70 O.S. Supp. 2004, Section 6-101), which relates to teacher contracts; changing notification dates; amending 70 O.S. 2001, Section 18-200.1, as last amended by Section 2, Chapter 533, O.S.L. 2004 (70 O.S. Supp. 2004, Section 18- 200.1), which relates to the State Aid Formula; changing general fund carryover balance allowable for school districts with certain fund balances; amending 26 O.S. 2001, Section 13A-109, as amended by Section 8, Chapter 369, O.S.L. 2004 (26 O.S. Supp. 2004, Section 13A-109), which relates to school district elections; deleting requirement to post legal notice and press release of certain board elections; providing an effective date; and declaring an emergency.

HB 1628  By Wilt. An Act relating to schools; amending 70 O.S. 2001, Section 18-200.1, as last amended by Section 2, Chapter 533, O.S.L. 2004 (70 O.S. Supp. 2004, Section 18-200.1), which relates to State Aid; deleting the general fund carryover penalty and exceptions to the penalty; providing an effective date; and declaring an emergency.

HB 1629  By Jones. An Act relating to schools; amending 70 O.S. 2001, Section 5-117, as last amended by Section 1, Chapter 71, O.S.L. 2004 (70 O.S. Supp. 2004, Section 5-117), which relates to powers and duties of school district boards of education; modifying power relating to school district elections; modifying power relating to expenditure of money for informational purposes; prohibiting school district board of education members and employees from authorizing use of school facilities for certain political activity; including certain activities and equipment; requiring equal access in certain circumstances; providing exception for certain activities; providing for codification; and declaring an emergency. 210 House Journal

HB 1630  By Jones. An Act relating to public retirement systems; amending 74 O.S. 2001, Sections 914, as amended by Section 6, Chapter 486, O.S.L. 2003 and 917, as last amended by Section 25, Chapter 536, O.S.L. 2004 (74 O.S. Supp. 2004, Sections 914 and 917), which relate to the Oklahoma Public Employees Retirement System; limiting reemployment with covered employers for certain retired members; providing for election to participate in the Oklahoma Public Employees Retirement System Deferred Retirement Option Plan (DROP); excepting from participation certain members; clarifying term; limiting duration of participation; providing procedures; providing for termination upon completion of DROP; allowing certain in-service distributions; providing for treatment of certain contributions; providing certain payments to DROP account; allowing certain cost-of-living adjustments; providing interest on DROP account; providing options; providing for treatment of certain payments; establishing implementation conditions and dates; modifying vested benefit provisions; providing for codification; providing an effective date; and declaring an emergency.

HB 1631  By Eddins. An Act relating to children; requiring the State Registrar to provide certificate of birth to certain persons; providing conditions upon submitting certificate of birth; providing for codification; and providing an effective date.

HB 1632  By Eddins. An Act relating to general appropriations for the expenses of various agencies of the executive, legislative and judicial departments of the state; making appropriations to the State Board of Education, the Oklahoma State Regents for Higher Education, the State Board of Career and Technology Education, the Oklahoma Arts Council, the Oklahoma Educational Television Authority, the Commissioners of the Land Office, the Oklahoma Department of Libraries, the Physician Manpower Training Commission, the Oklahoma Board of Private Vocational Schools, the Board of Trustees of the Oklahoma School of Science and Mathematics, the Oklahoma Center for the Advancement of Science and Technology, the Oklahoma Commission for Teacher Preparation, the Office of the State Auditor and Inspector, the Office of the State Bond Advisor, the Department of Central Services, the Oklahoma Department of Emergency Management, the State Election Board, the Ethics Commission, the Office of State Finance, the Office of the Governor, the Oklahoma House of Representatives, the Legislative Service Bureau, the Office of the Lieutenant Governor, the Oklahoma Merit Protection Commission, the Military Department of the State of Oklahoma, the Office of Personnel Management, the Office of the Secretary of State, the Oklahoma State Senate, the Oklahoma Space Industry Development Authority, the Oklahoma Tax Commission, the Department of Transportation, the Office of the State Treasurer, the Oklahoma Health Care Authority, the State Department of Health, the J.D. McCarty Center for Children with Developmental Disabilities, the Department of Mental Health and Substance Abuse Services, the University Hospitals Authority, the Oklahoma Department of Veterans Affairs, the Oklahoma Commission on Children and Youth, the Office of Handicapped Concerns, the Oklahoma Human Rights Commission, the Department of Human Services, the Oklahoma Indian Affairs Commission, the Office of Juvenile Affairs, the State Department of Rehabilitation Services, the Oklahoma Department of Agriculture, Food, and Forestry, the Oklahoma Capitol Complex and Centennial Commemoration Commission, the Department of Commerce, the Oklahoma Second Legislative Day, Monday, February 07, 2005 211

Conservation Commission, the Department of Consumer Credit, the Corporation Commission, the Department of Environmental Quality, the Oklahoma Historical Society, the Oklahoma Horse Racing Commission, the State Insurance Department, the J.M. Davis Memorial Commission, the Department of Labor, the Department of Mines, the Oklahoma Scenic Rivers Commission, the Oklahoma Tourism and Recreation Department, the Oklahoma Water Resources Board, the Will Rogers Memorial Commission, the Alcoholic Beverage Laws Enforcement Commission, the Department of Corrections, the Pardon and Parole Board, the Oklahoma State Bureau of Investigation, the State Fire Marshal, the Board of Medicolegal Investigations, the Council on Law Enforcement Education and Training, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Department of Public Safety, the Oklahoma Indigent Defense System, the Office of the Attorney General, the Court of Criminal Appeals, the Supreme Court, the Office of the Attorney General, the Workers’ Compensation Court, the District Attorneys Council, the Workers’ Compensation Court, the Supreme Court, the Council on Judicial Complaints, the Department of Human Services and the Department of Corrections; stating sums of the appropriations; stating purposes and restrictions; authorizing and requiring certain expenditures; and providing an effective date.

HB 1633  By Newport. An Act relating to agriculture; amending 2 O.S. 2001, Sections 3-82, as last amended by Section 1, Chapter 109, O.S.L. 2004 and 3-83 (2 O.S. Supp. 2004, Section 3-82), which relate to combined pesticides; increasing insurance requirements; modifying reporting for certain applicators; and providing an effective date.

HB 1634  By Ellis. An Act relating to cities and towns; amending 11 O.S. 2001, Section 16-204, which relates to aldermanic city elections; modifying election terms for certain positions; and providing an effective date.

HB 1635  By Ellis. An Act relating to agriculture; amending 2 O.S. 2001, Section 16-8, which relates to the Oklahoma Forestry Code; restricting certain employees from certain activities; providing an effective date; and declaring an emergency.

HB 1636  By Nance. An Act relating to sheriffs; amending 19 O.S. 2001, Section 548, which relates to appointments and revocations of undersheriffs and deputy sheriffs; modifying language; and providing an effective date.

HB 1637  By Nance. An Act relating to police departments; creating the Police and Chaplain Privileged Communication Act; providing for noncodification; and providing an effective date.

HB 1638  By Nance. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 650.8, which relates to assault and battery upon employee of facility for delinquent children; modifying language; and providing an effective date. 212 House Journal

HB 1639  By Nance. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1350, which relates to the Oklahoma Sales Tax Code; clarifying language; and providing an effective date.

HB 1640  By Nance. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 6-202, which relates to suspending privileges of nonresidents and reporting convictions; modifying language; and providing an effective date.

HB 1641  By Nance. An Act relating to cities and towns; amending 11 O.S. 2001, Section 34-103, which relates to performance of police functions outside employing municipality; modifying language; and providing an effective date.

HB 1642  By Nance. An Act relating to Oklahoma Homeland Security Act; amending Section 1, Chapter 157, O.S.L. 2004 (74 O.S. Supp. 2004, Section 51), which relates to short title; modifying language; and providing an effective date.

HB 1643  By Nance. An Act relating to workers’ compensation; amending 85 O.S. 2001, Section 1, which relates to the Workers’ Compensation Act; clarifying reference; and providing an effective date.

HB 1644  By Martin. An Act relating to probate procedure; enacting the Family Home Transfer Act; providing for codification; and providing an effective date.

HB 1645  By Winchester. An Act relating to county hospitals; amending 19 O.S. 2001, Section 789, which relates to lease of county hospitals to certain organizations; modifying leasing arrangements; and providing an effective date.

HB 1646  By Winchester. An Act relating to schools; amending 70 O.S. 2001, Section 8-103, as amended by Section 12, Chapter 434, O.S.L. 2003 (70 O.S. Supp. 2004, Section 8-103), which relates to student transfers; modifying student transfer application limitation for certain students transferring to certain types of programs; and declaring an emergency.

HB 1647  By Winchester. An Act relating to schools; requiring the State Board of Education to establish a physical education program for certain students; providing certain options for the program; allowing certain exception from requirements; directing the Board to adopt a Walk Across Oklahoma plan; stating the plan challenges; providing for certain content of the plan; providing for codification; providing an effective date; and declaring an emergency.

Second Legislative Day, Monday, February 07, 2005 213

HB 1648  By Winchester. An Act relating to prisons and reformatories; amending 57 O.S. 2001, Section 51, which relates to duties of the county commissioners; modifying language; and providing an effective date.

HB 1649  By Winchester. An Act relating to Oklahoma Education Lottery Act; amending Section 11, Chapter 58, O.S.L. 2003 (3A O.S. Supp. 2004, Section 710), which relates to Oklahoma Education Lottery Act; restricting method of payment; providing for withholding of certain lottery prize monies; providing for distribution of withheld monies; requiring certain report; specifying contents of report; prohibiting purchase of lottery tickets with certain assistance; providing for punishment; prohibiting sale of lottery tickets to certain persons; providing for codification; and declaring an emergency.

HB 1650  By Hilliard. An Act relating to state government; amending 74 O.S. 2001, Sections 4117 and 4118, which relate to the Incentive Awards for State Employees Act; modifying method of payment of incentive compensation under certain circumstances; clarifying requirements to qualify for an award; and providing an effective date.

HB 1651  By Morgan (Danny). An Act relating to insurance; amending 36 O.S. 2001, Sections 2003, 2004 and 2007, which relate to the Oklahoma Property and Casualty Insurance Guaranty Association Act; updating citation; modifying definition; capping certain payments and assessments; providing a tax credit for certain taxpayers; providing for codification; and providing an effective date.

HB 1652  By Morgan (Danny). An Act relating to Corporation Commission; amending 17 O.S. 2001, Section 303, as amended by Section 1, Chapter 430, O.S.L. 2004 (17 O.S. Supp. 2004, Section 303), which relates to Oklahoma Storage Tank Regulation Act; modifying definitions; and providing an effective date.

HB 1653  By Morgan (Danny). An Act relating to driver licenses; amending 47 O.S. 2001, Section 6-102, as last amended by Section 8, Chapter 418, O.S.L. 2004 and 6-105, as last amended by Section 1, Chapter 139, O.S.L. 2004 (47 O.S. Supp. 2004, Section 6-102 and 6-105), which relate to issuance of Class D licenses; modifying statutory reference; increasing age requirement for operation of certain vehicles; defining term; modifying requirements for issuance of certain license; deleting certain requirements for instruction permit; providing for issuance of learner permit; stating requirements and restrictions; providing for issuance of intermediate Class D license; stating requirements and restrictions; providing for issuance of Class D driver license; stating requirements and restrictions; expanding scope of prohibited act; clarifying language; deleting requirements for issuance of instructor’s permits; deleting procedures and fees for issuance of identification cards; authorizing issuance of instructor permit to certain driver education instructors; providing for promulgation of certain rules; authorizing instruction of certain persons under certain circumstances; authorizing issuance 214 House Journal of identification cards; stating eligibility requirements for identification card; stating term of issuance; setting fees for issuance and renewal of identification cards; providing exceptions; providing for apportionment of fees; authorizing certain reimbursement to motor license agents; authorizing development of procedures for reimbursements; providing for codification; and providing an effective date.

HB 1654  By Morgan (Danny). An Act relating to cities and towns; amending 11 O.S. 2001, Section 10-112, which relates to form of city government; updating language; modifying time limitation on eligibility for appointment as city manager; and providing an effective date.

HB 1655  By Morgan (Danny). An Act relating to cities and towns; amending 11 O.S 2001, Section 15-102, which relates to initiative and referendum; providing requirements of certain captions; providing restrictions on signatures for certain petitions; providing penalty; providing for codification; and providing an effective date.

HB 1656  By Morgan (Danny). An Act relating to intoxicating liquors; amending 37 O.S. 2001, Section 521, as last amended by Section 1, Chapter 72, O.S.L. 2004 (37 O.S. Supp. 2004, Section 521), which relates to acts authorized by licenses issued pursuant to the Oklahoma Alcoholic Beverage Control Act; modifying restrictions on containers for beverages sold by package stores; and providing an effective date.

HB 1657  By Morgan (Danny). An Act relating to intoxicating liquors; amending 37 O.S. 2001, Section 521, as last amended by Section 1, Chapter 72, O.S.L. 2004 (37 O.S. Supp. 2004, Section 521), which relates to acts authorized by licenses issued pursuant to the Oklahoma Alcoholic Beverage Control Act; amending 37 O.S. 2001, Section 534, which relates to package stores; allowing package stores to conduct wine tastings; specifying hours for certain wine tastings; allowing package stores to sell Oklahoma wine at festivals; and providing an effective date.

HB 1658  By Morgan (Danny). An Act relating to motor vehicles; amending 47 O.S. 2001, Section 14-101, as last amended by Section 11, Chapter 199, O.S.L. 2003 (47 O.S. Supp. 2004, Section 14-101), which relates to movement of certain vehicles at nighttime and on holidays; modifying list of holidays upon which certain vehicles are prohibited movement on highways; deleting time requirement; and providing an effective date.

HB 1659  By Covey. An Act relating to administrative law; enacting the State Office of Administrative Hearings Act; providing short title; stating purpose; defining terms; providing for exceptions to act; creating the State Office of Administrative Hearings; providing powers and duties; providing for the appointment of the Chief Administrative Law Judge of the State Office of Administrative Hearings; providing for powers and duties of the Chief Administrative Law Judge; providing for compensation of Chief Administrative Law Judge; providing for the adoption of rules pursuant to the Administrative Procedures Act; Second Legislative Day, Monday, February 07, 2005 215 establishing qualifications, responsibilities and compensation of administrative law judges; providing for the jurisdiction of the State Office of Administrative Hearings; providing for appeal from a decision of an administrative law judge; creating the State Office of Administrative Hearings Revolving Fund; providing for the administration of the fund; providing for the transfer of personnel, equipment, and pending cases to the State Office of Administrative Procedures; providing that the transfer of funds, personnel, allotments, purchases, outstanding financial obligations and encumbrances be coordinated by the Director of the Office of State Finance; requiring Chief Administrative Law Judge promulgate rules, establish procedure, and obtain necessary personnel and equipment to assure smooth transition process; amending 75 O.S. 2001, Sections 250.3, 310, 311, 311.1, 313, 315, 316, 317, 318, 319, 320, 321, 322 and 323, which relate to the Administrative Procedures Act; modifying the Administrative Procedures Act to conform with the State Office of Administrative Hearings Act; providing for codification; providing for noncodification; and providing effective dates.

HB 1660  By Covey. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 6-103, as last amended by Section 3, Chapter 392, O.S.L. 2003 (47 O.S. Supp. 2004, Section 6-103), which relates to persons not to be licensed; providing exception; amending 47 O.S. 2001, Section 6-111, as last amended by Section 4, Chapter 149, O.S.L. 2004 (47 O.S. Supp. 2004, Section 6-111), which relates to issuance of license or identification card; requiring certain information on driver license or identification card; authorizing issuance of nonresident commercial driver license; stating applicant requirements; requiring certain information on license; establishing time limitation for license; establishing fee; requiring surrender of certain license issued from another state; and providing an effective date.

HB 1661  By Covey. An Act relating to oil and gas; amending 52 O.S. 2001, Section 87.1, which relates to common source of supply of oil; requiring pooling applications to include facts to show applicant exercised due diligence to locate each respondent; requiring applicant to present certain evidence at hearing; stating certain presumption; stating requirements to be included in certain pooling applications; providing for pooling orders to terminate under certain time conditions; stating exception for certain cash bonuses; providing for certain payments; providing for termination after completion of well; requiring applicant to file release of certain rights with county clerk; prohibiting extension of certain pooling orders; stating exception; requiring certain motion to be filed; and declaring an emergency.

HB 1662  By Terrill. An Act relating to asbestos; amending 40 O.S. 2001, Section 453, which relates to powers and duties of the Labor Commissioner, restricting content of certain rules; and providing an effective date.

HB 1663  By Terrill. An Act relating to public safety; amending 63 O.S. 2001, Section 682, as amended by Section 2, Chapter 329, O.S.L. 2003 and Section 1, Chapter 292, O.S.L. 2003 (63 O.S. Supp. 2004, Sections 682 and 682.1), which relate to federal assistance programs and vaccination programs for first responders; requiring submission of certain report to Oklahoma Office of Homeland Security; modifying certain definition; amending 63 O.S. 216 House Journal

2001, Sections 683.3, as amended by Section 5, Chapter 329, O.S.L. 2003 and 683.6, as amended by Section 7, Chapter 329, O.S.L. 2003 (63 O.S. Supp. 2004, Sections 683.3 and 683.6), which relate to Oklahoma Emergency Management Act of 2003; defining certain term; modifying membership of Advisory Council; modifying responsibilities of Council; modifying membership of State Hazard Mitigation Team; requiring annual meeting; transferring Oklahoma Department of Emergency Management and Oklahoma Office of Volunteerism to Oklahoma Office of Homeland Security; designating Oklahoma Department of Emergency Management and Oklahoma Office of Volunteerism as Division of Preparedness and Awareness of the Oklahoma Office of Homeland Security; authorizing Director of State Finance to coordinate transfer of funds; providing for adequate staffing of new division; prohibiting the interference of current contractual obligations; providing for transfer of benefits, retirement, and longevity of classified employees; designating who shall have authority over Division of Preparedness and Awareness; amending Senate Joint Resolution No. 42, Section 1, 2002 (74 O.S. Supp. 2002, Section 10.6), as amended by Section 2, Chapter 157, O.S.L. 2004 and as renumbered by Section 8, Chapter 157, O.S.L. 2004 (74 O.S. Supp. 2004, Section 51.1), which relates to Oklahoma Office of Homeland Security; providing statutory reference; providing for codification; and declaring an emergency.

HB 1664  By Carey. An Act relating to higher education; providing for a waiver of tuition for certain students who served in certain military campaigns; stating eligibility requirements; providing maximum benefit; providing for award of tuition waiver for students that meet certain criteria; stating coverage of tuition waiver; limiting tuition waiver to certain programs; defining certain operations; providing for codification; providing an effective date; and declaring an emergency.

HB 1665  By Askins. An Act relating to public finance; amending 62 O.S. 2001, Section 901, which relates to the Long-Range Capital Planning Commission; modifying certain reporting requirements; modifying required content of certain plan; modifying membership of Policy Advisory Committee; and providing an effective date.

HB 1666  By Lamons. An Act relating to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; abolishing the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; providing for interpretation of certain statutory references; transferring the duties of enforcement and administration of the Uniform Controlled Dangerous Substances Act to the Oklahoma State Bureau of Investigation; transferring certain personnel, funds, records, encumbrances, equipment, and other items to the Oklahoma State Bureau of Investigation; providing requirements pertaining to transfer of employees; providing for transition coordinators and a transition team; providing duties of the transition team; amending 63 O.S. 2001, Sections 2-101, as last amended by Section 1, Chapter 301, O.S.L. 2004, 2-103, as amended by Section 13, Chapter 199, O.S.L. 2003, 2-103.1, 2-105, 2-106, 2-106.1, 2- 107, 2-109, 2-110, 2-201, 2-301, as amended by Section 3, Chapter 338, O.S.L. 2003, 2- 302 and 2-303, as last amended by Sections 59 and 61, Chapter 5, O.S.L. 2004, 2-309B and 2-309C, as amended by Sections 2 and 3, Chapter 300, O.S.L. 2004, 2-322, 2-323, 2-324, 2-326, 2-330 and 2-331, Section 1, Chapter 288, O.S.L. 2002, as last amended by Section 4, Second Legislative Day, Monday, February 07, 2005 217

Chapter 59, O.S.L. 2004, Section 2, Chapter 288, O.S.L. 2002, as amended by Section 4, Chapter 133, O.S.L. 2003, 2-503, as amended by Section 2, Chapter 537, O.S.L. 2004, 2- 505, 2-506, as last amended by Section 3, Chapter 537, O.S.L. 2004, 2-508, as last amended by Section 16, Chapter 168, O.S.L. 2004 and 2-509 (63 O.S. Supp. 2004, Sections 2-101, 2- 103, 2-301, 2-302, 2-303, 2-309B, 2-309C, 2-332, 2-333, 2-503, 2-506 and 2-508), which relate to the Uniform Controlled Dangerous Substances Act; modifying the Uniform Controlled Dangerous Substances Act to reflect the transfer of administration and enforcement from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control to the Oklahoma State Bureau of Investigation; providing for continuation of promulgated rules, regulations and forms; amending 74 O.S. 2001, Section 18c, as amended by Section 4, Chapter 438, O.S.L. 2002 (74 O.S. Supp. 2004, Section 18c), which relates to employment of attorneys by state agencies; authorizing the Oklahoma State Bureau of Investigation to employ attorneys for enforcement of the provisions of the Uniform Controlled Dangerous Substances Act; amending 74 O.S. 2001, Sections 150.2, as last amended by Section 15, Chapter 461, O.S.L. 2003, 150.4, 150.5, as amended by Section 1, Chapter 77, O.S.L. 2002, 150.6, as amended by Section 14, Chapter 199, O.S.L. 2003, 150.7, as amended by Section 1, Chapter 42, O.S.L. 2002, 150.13, 150.21, as amended by Section 3, Chapter 42, O.S.L. 2002, 150.21a and 150.23, as amended by Section 15, Chapter 275, O.S.L. 2004 (74 O.S. Supp. 2004, Sections 150.2, 150.5, 150.6, 150.7, 150.21 and 150.23), which relate to the Oklahoma State Bureau of Investigation; modifying powers and duties of the Director of the Bureau; eliminating references to the Oklahoma State Bureau of Investigation Commission; changing procedure for appointment of the Director; placing Director under the supervision of the Secretary of Safety and Security; eliminating certain quarterly report; eliminating references to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; amending 74 O.S. 2001, Section 840-5.5, as last amended by Section 1, Chapter 462, O.S.L. 2004 (74 O.S. Supp. 2004, Section 840-5.5), which relates to the unclassified service; eliminating references to personnel for the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; placing the positions in the unclassified service for the Oklahoma State Bureau of Investigation; repealing 63 O.S. 2001, Sections 2-102 and 2- 104.1, as last amended by Section 4, Chapter 229, O.S.L. 2003 (63 O.S. Supp. 2004, Section 2-104.1), which relate to the director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control and the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control Commission; repealing 74 O.S. 2001, Section 150.3, as last amended by Section 7, Chapter 229, O.S.L. 2003 (74 O.S. Supp. 2004, Section 150.3), which relates to the Oklahoma State Bureau of Investigation Commission; providing for codification; providing for noncodification; providing effective dates; and declaring an emergency.

HB 1667  By Coody. An Act relating to insurance; amending 36 O.S. 2001, Section 625.1, which relates to the premium tax credit; allowing credit for tax required by Oklahoma Insurance Code; and providing an effective date.

HB 1668  By Cooksey. An Act relating to public buildings and public works; amending 61 O.S. 2001, Section 207.2, as amended by Section 30, Chapter 294, O.S.L. 2002 (61 O.S. Supp. 2004, Section 207.2), which relates to the Public Building Construction and Planning Act; adding an exemption to the act; and providing an effective date.

218 House Journal

HB 1669  By Nations. An Act relating to revenue and taxation; ordering a legislative referendum pursuant to the Oklahoma Constitution; amending 68 O.S. 2001, Sections 500.4, 500.6, as last amended by Section 8, Chapter 472, O.S.L. 2003, 500.7 and 603 (68 O.S. Supp. 2004, Section 500.6), which relate to motor fuel taxes; increasing rate of taxation on gasoline and diesel fuel; specifying amount of increase; providing for apportionment of revenues; deleting obsolete language; providing an effective date; providing ballot title; and directing filing.

HB 1670  By Nations. An Act relating to cities and towns; amending 11 O.S. 2001, Sections 17-105, 17- 105.1, 17-106.1 and 17-107, which relate to municipal finances; modifying municipal qualification for imposing certain requirement; adding financial disclosure procedures for certain municipalities; providing exception to certain disclosures; modifying certain terms; modifying reference to certain audit guide; amending 60 O.S. 2001, Sections 180.1, 180.2 and 180.3, which relate to public trusts; adding a population requirement for certain public trusts for audit applicability; adding financial disclosure requirements for certain public trusts; providing an exception; deleting certain certification requirement; modifying time requirement for the Oklahoma Accountancy Board to provide updates and changes to the State Auditor and Inspector; adding reference to certain annual audit; amending 74 O.S. 2001, Section 212A, which relates to audits of public entities; clarifying governmental entities subject to audit requirements; deleting certain filing requirement; and providing an effective date.

HB 1671  By Nations. An Act relating to cities and towns; amending Section 4, Chapter 62, O.S.L. 2004 (11 O.S. Supp. 2004, Section 51-203), which relates to the Oklahoma Municipal Employee Collective Bargaining Act; adding certain employees to be excluded from act; and providing an effective date.

HB 1672  By Nations. An Act relating to crimes and punishments; requiring report of animal or livestock abuse to local law enforcement agency or State Department of Agriculture within certain time; requiring certain information in report; providing immunity from civil liability; providing purpose for removal or care of animals, herptile, or fowl; authorizing certain officers to determine custody specifications and custody orders; providing guidelines for custody hearings; amending 21 O.S. 2001, Sections 1685, as amended by Section 1, Chapter 363, O.S.L. 2003 and 1686 (21 O.S. Supp. 2004, Section 1685), which relate to cruelty to animals and abandoned animals; establishing bond procedures for custody and care of abused and abandoned animals; authorizing certain entities to petition for bond hearing; establishing bond hearing requirements; providing for immediate forfeiture under certain circumstance; providing exception upon posting of security bond; clarifying term; requiring placement of bond with certain entity; requiring accounting of expenses; providing for subsequent bond hearings; allowing forfeiture of animal under certain circumstance; providing for the return of unused funds; declaring certain funds to be nonrefundable; providing for euthanasia; providing for codification; and providing an effective date.

Second Legislative Day, Monday, February 07, 2005 219

HB 1673  By Nations. An Act relating to public health and safety; creating the Oklahoma Pharmaceutical Availability and Affordability Act of 2005; stating legislative findings; creating the Oklahoma Pharmaceutical Availability and Affordability Council; establishing duties of council; establishing membership; establishing quorum; providing for cochairs of council; providing for subcommittees; providing for staffing; requiring cooperation of all state agencies; providing for compensation; providing for recommendations; providing for codification; and declaring an emergency.

HB 1674  By Nations. An Act relating to higher education; amending Section 14, Chapter 358, O.S.L. 2003 (3A O.S. Supp. 2004, Section 713), which relates to the Oklahoma Education Lottery Act; modifying apportionment of revenues; amending 70 O.S. 2001, Section 3953.1, which relates to the Oklahoma Higher Learning Access Trust Fund; modifying reference to revenues apportioned to Fund; providing an effective date; and declaring an emergency.

HB 1675  By Nations. An Act relating to schools; requiring school districts to display in certain places the Bill of Rights of the United States Constitution and the Bill of Rights of the Constitution of the State of Oklahoma; defining certain term; providing for codification; providing an effective date; and declaring an emergency.

HB 1676  By Smithson. An Act relating to public retirement systems; enacting the Oklahoma Deputy Sheriff Retirement Benefit Modification Act of 2005; providing for noncodification; providing an effective date; and declaring an emergency.

HB 1677  By Covey. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 101, which relates to the Oklahoma Tax Code; clarifying language; and providing an effective date.

HB 1678  By Covey. An Act relating to public utilities; creating the Renewable Energy Electric Generation Cooperative Act; providing definitions; providing for organization; stating powers of a renewable energy cooperative; prohibiting certain actions; requiring certain words in the name of a renewable energy cooperative; providing for articles of incorporation; providing for adoption of bylaws; providing for membership; providing for meetings of a renewable energy cooperative; allowing for waiver of meeting notice; providing for a board of directors; stating power and duties of a board of directors; providing for officers of a renewable energy cooperative; establishing procedures for amending articles of incorporation; allowing for change of principal office location; providing for merger of two or more renewable energy cooperatives; listing responsibilities of merged or consolidation renewable energy cooperatives; providing for dissolution of a renewable energy cooperative; requiring certain documents be filed with the Secretary of State; providing for distribution of revenues; granting the board of directors power to execute certain instruments; limiting liability of members; providing for force and effect of certain instruments executed by a renewable energy cooperative; prohibiting certain actions against 220 House Journal a renewable energy cooperative; allowing certain persons to acknowledge instruments executed by a renewable energy cooperative; providing for jurisdiction of the Oklahoma Corporation Commission; providing for application of certain securities laws; requiring an annual report; stating contents of report; requiring a renewable energy cooperative to pay certain distribution and transmission costs; allowing a retail electric supplier to charge a renewable energy cooperative member certain fees; requiring an interconnection agreement to address certain issues prior to delivery of electricity; directing the Corporation Commission to establish provisions for interconnection agreements by certain date; providing for codification; and providing an effective date.

HB 1679  By Covey. An Act relating to revenue and taxation; authorizing tax credits for certain biofuel facilities; providing for transferability of credit; defining terms; specifying amount of tax credits; providing procedures; setting certain limitations; providing for applications; specifying certain duties of Oklahoma Tax Commission; providing for codification; and providing an effective date.

HB 1680  By Johnson. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2357.25, which relates to tax credits for investments in agricultural cooperatives and associations; increasing the maximum amount of the credit; and providing an effective date.

HB 1681  By Johnson. An Act relating to revenue and taxation; amending 68 O.S. 2001, Sections 2357.62, as amended by Section 2, Chapter 508, O.S.L. 2004, 2357.63, as amended by Section 3, Chapter 508, O.S.L. 2004, 2357.73, as amended by Section 5, Chapter 508, O.S.L. 2004 and 2357.74, as amended by Section 6, Chapter 508, O.S.L. 2004 (68 O.S. Supp. 2004, Sections 2357.62, 2357.63, 2357.73 and 2357.74), which relate to the Small Business Capital Formation Incentive Act and the Rural Venture Capital Formation Incentive Act; modifying taxes for which credit may be claimed; and providing an effective date.

HB 1682  By Johnson. An Act relating to state government; amending 74 O.S. 2001, Section 1314, which relates to the State and Education Employees Group Insurance Act; removing certain board members from exemption; allowing certain board members to participate in state health plan; providing for codification; and providing an effective date.

HB 1683  By Johnson. An Act relating to counties and county officers; amending 19 O.S. 2001, Section 131, as amended by Section 3, Chapter 53, O.S.L. 2004 (19 O.S. Supp. 2004, Section 131), which relates to county officers; making elections for county officers nonpartisan; amending 19 O.S. 2001, Section 510, as last amended by Section 5, Chapter 53, O.S.L. 2004 (19 O.S. Supp. 2004, Section 510), which relates to county sheriffs; making elections for county sheriffs nonpartisan; and providing an effective date.

HB 1684  By Johnson. Second Legislative Day, Monday, February 07, 2005 221

An Act relating to revenue and taxation; repealing 68 O.S. 2001, Sections 801, 802, 802.1, 803, 804, 805, as amended by Section 5, Chapter 458, O.S.L. 2002, 806, 807, as amended by Section 11, Chapter 472, O.S.L. 2003, 808, 809, 810, 811, as amended by Section 2, Chapter 535, O.S.L. 2004, 812, 813, 814, 815, as last amended by Section 3, Chapter 535, O.S.L. 2004, 815.1, 816, 816.1, 817, 818, 819, 820, 821, 822, 823, 824 and 825 (68 O.S. Supp. 2004, Section 805, 807, 811 and 815), which relate to the imposition and collection of a tax on the estate of a decedent; and providing an effective date.

HB 1685  By Johnson. An Act relating to education; amending 70 O.S. 2001, Sections 625.2, 625.3, 625.5, as amended by Section 1, Chapter 80, O.S.L. 2004, 625.10a and 625.12 (70 O.S. Supp. 2004, Section 625.5), which relate to the Oklahoma Rural Medical Education Loan and Scholarship Fund; expanding scholarships to persons seeking a physician assistant degree; modifying service requirements to include employment as a physician assistant; clarifying statutory language; deleting obsolete language; providing an effective date; and declaring an emergency.

HB 1686  By Deutschendorf. An Act relating to schools; directing the State Board of Education to enter into contracts for Internet-based courses; providing for arrangements with school districts and enrollment; requiring the Board to make certain notification; directing the Board to promulgate rules; amending Section 2, Chapter 430, O.S.L. 2003 (70 O.S. Supp. 2004, Section 3-160), which relates to the state student record system; providing for updated versions of required standards and compliance capabilities; deleting certain specific specification reference; and providing an effective date.

HB 1687  By Smaligo. An Act relating to public utilities; amending 17 O.S. 2001, Section 156, which relates to installation of solar energy devices; clarifying statutory language; and providing an effective date.

HB 1688  By Smaligo. An Act relating to public health and safety; amending 63 O.S. 2001, Sections 1-1912, as amended by Section 6, Chapter 230, O.S.L. 2002, 1-1914 and 1-1914.1, as amended by Section 7, Chapter 230, O.S.L. 2002 (63 O.S. Supp. 2004, Sections 1-1912 and 1-1914.1), which relate to the Nursing Home Care Act; providing for dispute resolution process; stating legislative intent; providing for dispute resolution; defining terms; providing for certain challenges to deficiencies; providing for contents of certain requests; providing for assignment of certain requests; providing for process of informal dispute resolution hearing; authorizing hearing by telephone conference or record review; providing for impartial decision makers; providing for order of arguments and time of arguments; establishing evidentiary standards; providing for attendance of hearings; prohibiting representation by attorney; providing for written determination; specifying contents and distribution; establishing certain limits on informal dispute resolution hearing; amending 63 O.S. 2001, Section 1-1951, as amended by Section 16, Chapter 230, O.S.L. 2002 (63 O.S. Supp. 2004, Section 1-1951), which relates to certified nurse aides; providing for feeding assistants; providing for codification; and providing an effective date.

222 House Journal

HB 1689  By Staggs. An Act relating to revenue and taxation; prohibiting use of certain tax credits by certain tax credit transferees; providing exception for tax credits claimed or transferred prior to certain date; providing for codification; providing an effective date; and declaring an emergency.

HB 1690  By Calvey. An Act relating to the Compulsory Insurance Law; amending 47 O.S. 2001, Section 7- 600.1, which relates to statement or endorsement to be included in certain policies; clarifying language; and providing an effective date.

HB 1691  By Calvey. An Act relating to pensions and retirement; enacting the Oklahoma Pension and Retirement Technical Amendments Act of 2005; providing for noncodification; and providing an effective date.

HB 1692  By Calvey. An Act relating to revenue and taxation; amending 68 O.S. 2001, Sections 1356, as last amended by Section 6, Chapter 535, O.S.L. 2004 and 1357, as last amended by Section 8, Chapter 535, O.S.L. 2004 (68 O.S Supp. 2004, Sections 1356 and 1357), which relate to exemptions from sales tax; providing sales tax exemption for certain neighborhood watch organizations; limiting amount of exemption; defining term; limiting number of entities eligible to claim exemption; exempting sales of hearing aids from sales tax; providing an effective date; and declaring an emergency.

HB 1693  By Calvey. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2358, as last amended by Section 14, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2358), which relates to adjustments to taxable income; exempting certain income earned by member of United States Armed Forces; and providing an effective date.

HB 1694  By Hamilton. An Act relating to civil and criminal law; amending 12 O.S. 2001, Section 1053, which relates to wrongful death; making section available for death of an unborn child; providing exceptions; prohibiting certain prosecutions; amending 21 O.S. 2001, Sections 652, 713, 714 and 715, which relate to intentional and wrongful injuries to another; including unborn child in certain sections; providing definition; providing exceptions; prohibiting certain prosecutions; increasing certain penalties; and providing an effective date.

HB 1695  By Hamilton. An Act relating to public health and safety; creating the Danielle Martinez Act; creating the Advisory Council on Cord Blood Donations; stating purpose; providing for appointment of members, convening of the first meeting, election of officers, and a quorum; specifying date for recommendations; providing for staffing; providing for codification; and declaring an emergency.

HB 1696  By Hamilton. Second Legislative Day, Monday, February 07, 2005 223

An Act relating to revenue and taxation; providing income tax check off for the Domestic Abuse Prevention Taxpayer Support Fund; allowing taxpayer to designate portion of tax liability into fund; limiting amount that can be designated; directing placement of funds; creating the Domestic Abuse Prevention Taxpayer Support Fund; allowing Department of Human Services to distribute monies in fund; setting forth requirements for application for funds; specifying method of payment of funds; providing income tax check off for the Crisis Pregnancy and Abortion Prevention Taxpayer Support Fund; allowing taxpayer to designate portion of tax liability into fund; limiting amount that can be designated; directing placement of funds; creating the Crisis Pregnancy and Abortion Prevention Taxpayer Support Fund; allowing Department of Human Services to distribute monies in fund; setting forth requirements for application for funds; specifying method of payment of funds; providing for codification; and providing an effective date.

HB 1697  By Hamilton. An Act relating to public health and safety; creating the Long-term Care Security Act; providing short title; defining terms; providing for Department of Corrections to provide certain notifications; requiring State Department of Health to promulgate certain rules; providing for removal of certain persons from long-term care facilities; providing for specialized facility for sexual offenders or sexual predators; requiring Department of Corrections to provide certain notice and certain placement; requiring State Department of Health to perform certain background checks; prohibiting employment of certain persons; requiring State Long-Term Care Ombudsman to perform certain background checks; prohibiting employment of certain persons; requiring certain recommendations from the State Long-Term Care Advisory Board; requiring ombudspersons to perform certain actions; requiring certain documentation and reports; providing for codification; and providing an effective date.

HB 1698  By Hamilton. An Act relating to court clerks; prohibiting dissemination of certain information on court-controlled website; defining term; providing for codification; and providing an effective date.

HB 1699  By Hamilton. An Act relating to labor; creating Victims Economic Security and Safety Act; stating purpose; defining terms; providing for leave requirements for certain employees; requiring certain notice; providing for confidentiality; providing for group health plan coverage for certain employees; specifying unlawful acts; providing for certain leave; providing certain employment protections; defining terms; requiring Labor Commissioner to perform certain acts; providing for certain findings; providing for Oklahoma Attorney General intervention in certain circumstances; providing for damages; requiring posting of certain information; providing for certain rights of certain employees; providing for severability; providing for codification; and providing an effective date.

HB 1700  By Hamilton. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 644, as amended by Section 1, Chapter 520, O.S.L. 2004 (21 O.S. Supp. 2004, Section 644), which relates to assault, assault and battery, and domestic abuse; providing penalties for domestic abuse committed against pregnant persons; and providing an effective date. 224 House Journal

HB 1701  By Hamilton. An Act relating to mental health; directing certain expenditures at the Department of Mental Health and Substance Abuse Services; providing for noncodification; and declaring an emergency.

HB 1702  By Hamilton. An Act relating to liens; amending 42 O.S. 2001, Section 142, which relates to lien statements; adding certain report requirement; providing for removal of certain statements; and providing an effective date.

HB 1703  By Hamilton. An Act relating to children; amending 10 O.S. 2001, Section 21.3, which relates to child custody; providing certain exceptions to grandparents; and providing an effective date.

HB 1704  By Coody. An Act relating to schools; amending 70 O.S. 2001, Section 11-103.6, as last amended by Section 1, Chapter 82, O.S.L. 2004 (70 O.S. Supp. 2004, Section 11-103.6), which relates to curriculum standards; requiring the State Board of Education to adopt certain core curriculum standards for certain grades by a certain date; describing curriculum content; amending 70 O.S. 2001, Section 1210.229-6, which relates to character education programs; requiring school districts to develop and implement character education programs; clarifying statutory language; directing the State Board of Education to provide certain assistance, program lists, and professional development; providing for reimbursement of certain costs for developing and implementing character education programs; making reimbursement contingent upon appropriations; listing reimbursable costs; providing for the filing of claims; directing the Board to promulgate rules; creating the Task Force on Mathematics Education; stating purpose of the Task Force; establishing membership; establishing duties; providing for appointments and appointment of cochairs; providing for meetings and staffing; providing for travel reimbursement; requiring a report; providing for noncodification; providing an effective date; and declaring an emergency.

HB 1705  By Miller (Ken). An Act relating to public finance; requiring report of the cost of services under certain circumstances; subjecting certain amount of fees to certain requirements; providing for codification; and providing an effective date.

HB 1706  By Balkman. An Act relating to intoxicating liquors; creating the Prevention of Youth Access to Alcohol Act; providing short title; amending 37 O.S. 2001, Section 163.11, as amended by Section 2, Chapter 170, O.S.L. 2004 (37 O.S. Supp. 2004, Section 163.11), which relates to low-point beer permits; modifying length of time for mandatory revocation of permit under certain circumstances; prohibiting certain acts and providing penalty therefor; amending 37 O.S. 2001, Sections 241, 244 and 246, which relate to laws pertaining to low-point beer and persons under twenty-one years of age; modifying certain penalty; clarifying that revocation of certain permit is mandatory; requiring revocation of certain driver licenses and denial of driving privileges for certain persons; amending 47 O.S. 2001, Section 6- Second Legislative Day, Monday, February 07, 2005 225

107.1, which relates to cancellation or denial of driving privileges for certain persons; modifying periods of cancellation or denial; creating a revolving fund and stating purpose therefor; providing for codification; providing for noncodification; and providing an effective date.

HB 1707  By Balkman. An Act relating to public finance; enacting the Debt Financing Disclosure Act; defining terms; imposing reporting requirements upon local and state governmental entities with respect to indebtedness; specifying content of reports; requiring filing of information with certain public officials; requiring annual publication of information by Office of State Finance; providing for codification; and providing an effective date.

HB 1708  By Calvey. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2358, as last amended by Section 14, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2358), which relates to adjustments to taxable income; providing exemption for certain grants received to construct storm shelters; and declaring an emergency.

HB 1709  By Calvey. An Act relating to Oklahoma Capitol Improvement Authority; providing Oklahoma Capitol Improvement Authority with certain authorization to construct building, provide funding, borrow monies and issue negotiable obligations; expressing legislative intent; authorizing the use of certain funds; providing specific authority with respect to the issuance of bonds; providing for the sale and redemption of specified bonds; providing for utilization of certain funds; providing certain exemption from taxation; providing for the investment of certain funds; placing management, maintenance and operation of specified buildings and improvements under the control of the Oklahoma Tax Commission; providing for transfer of certain buildings or improvements under certain circumstances; providing for codification; and providing an effective date.

HB 1710  By Calvey. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 223, which relates to uniform tax procedures; modifying Tax Commission authority relating to false or fraudulent reports or returns; providing an effective date; and declaring an emergency.

HB 1711  By Calvey. An Act relating to revenue and taxation; amending 68 O.S. 2001, Sections 1009, as amended by Section 2, Chapter 444, O.S.L. 2004, 1010, as amended by Section 3, Chapter 444, O.S.L. 2004 and 1022 (68 O.S. Supp. 2004, Sections 1009 and 1010), which relate to gross production tax; adding criteria to certain elections to report and pay taxes; modifying certain definition relating to conditionally paid gross production tax; providing an effective date; and declaring an emergency.

HB 1712  By Calvey. An Act relating to tax credits available pursuant to Section 42 of the Internal Revenue Code of 1986; requiring Oklahoma Housing Finance Agency to provide certain notice; prescribing requirements for notice; requiring election prior to final allocation of tax 226 House Journal credits; prescribing procedures for election; providing alternative method for approval of final allocation of tax credits; requiring reservation of certain amount of tax credits by Oklahoma Housing Finance Agency; prohibiting use of certain amount of tax credits in certain areas until full allocation of certain credits in other areas; imposing requirement with respect to certain tax-exempt bond proceeds; prohibiting applications for certain tax credits by certain entities for prescribed period; prohibiting applications for certain tax credits by certain persons or entities; prohibiting use of certain proceeds from sale of obligations for purposes related to income tax credit without approval as prescribed by law; amending 27 O.S. 2001, Section 16, which relates to eminent domain; defining term with respect to takings of certain property; providing for codification; and providing an effective date.

HB 1713  By Calvey. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 101, which relates to the Oklahoma Tax Code; clarifying language; and providing an effective date.

HB 1714  By Calvey. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2351, which relates to the Oklahoma Income Tax Act; clarifying language; and providing an effective date.

HB 1715  By Calvey. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1001.1, which relates to gross production taxes; clarifying references; specifying property exempt from ad valorem taxation pursuant to certain provisions; and providing an effective date.

HB 1716  By Winchester. An Act relating to revenue and taxation; authorizing credit against state income tax for reinvestment of certain funds in production of a film project; limiting amount of credit; authorizing prescription of certain forms by Oklahoma Tax Commission; defining terms; providing for codification; and providing an effective date.

HB 1717  By Winchester. An Act relating to waters and water rights and state government; creating the Oklahoma Water Resources Location Act; providing short title; directing preparation of supplement to the second decennial update of the Oklahoma Comprehensive Water Plan; specifying requirements for plan; providing for certain updates; providing for distribution; providing for codification; and declaring an emergency.

HB 1718  By Winchester. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2357.34, which relates to the Oklahoma Tourism Development Act; clarifying language; and providing an effective date.

HB 1719  By Winchester. Second Legislative Day, Monday, February 07, 2005 227

An Act relating to state government; amending 74 O.S. 2001, Section 1301, which relates to the State and Education Employees Group Insurance Act; clarifying language; and providing an effective date.

HB 1720  By Benge. An Act relating to motor vehicles; amending 47 O.S. 2001, Sections 6-101.4, 6-103, as last amended by Section 3, Chapter 392, O.S.L. 2003, 6-103.1, 6-105, as last amended by Section 1, Chapter 139, O.S.L. 2004, 6-107, as amended by Section 16, Chapter 397, O.S.L. 2002, 6-107.3, 6-107.4, 6-107.5 and 6-110.2, as amended by Section 1, Chapter 219, O.S.L. 2003 (47 O.S. Supp. 2004, Sections 6-103, 6-105, 6-107 and 6-110.2), which relate to issuance, expiration, and renewal of licenses; modifying guideline for destruction of fingerprints; modifying restriction for issuance of driver license to unemancipated person; clarifying language; modifying age requirement; stating exception to issuance of instruction permit, restricted Class D license, and special permit; modifying age requirement for certain application; requiring signature and verification on certain application; declaring signature as assumption of certain obligation; modifying age limitation for certain acts; clarifying language; modifying statutory references; clarifying language; modifying age limitation for certain defined terms; stating eligibility requirements for reinstatement of driving privileges; deleting obsolete language; modifying statutory references; clarifying language; amending 47 O.S. 2001, Sections 6-205, as last amended by Section 6, Chapter 149, O.S.L. 2004, 6-205.1, as last amended by Section 7, Chapter 390, O.S.L. 2004, and 6-206, as amended by Section 16, Chapter 392, O.S.L. 2003 (47 O.S. Supp. 2004, Sections 6-205, 6- 205.1 and 6-206), which relate to cancellation, suspension, or revocation of licenses; modifying offenses that require revocation of driving privileges; deleting proof of registration or ownership requirement; modifying time limitation for prior revocations; providing for suspension of driving privileges under certain circumstances; stating periods of suspension; amending 47 O.S. 2001, Section 754.1, as amended by Section 23, Chapter 418, O.S.L. 2004 (47 O.S. Supp. 2004, Section 754.1), which relates to modification of revocation or denial if no adequate transportation exists; expanding exception for employer- owned or leased vehicles; amending 47 O.S. 2001, Section 1151, as last amended by Section 24, Chapter 522, O.S.L. 2004 (47 O.S. Supp. 2004, Section 1151), which relates to offenses and penalties; modifying penalty for certain offense; and providing an effective date.

HB 1721  By Duncan. An Act relating to family death benefits; enacting the Sheriff Dwight Woodrell Survivor Benefit Act; providing for noncodification; and providing an effective date.

HB 1722  By Duncan. An Act relating to game and fish; amending 29 O.S. 2001, Section 1002, which relates to habitual wildlife violators; requiring certain persons to pay a reinstatement fee prior to applying for a new hunting or fishing license; making reinstatement fee an additional fee; and providing an effective date.

HB 1723  By Duncan. An Act relating to game and fish; amending 29 O.S. 2001, Section 5-203.1, which relates to illegal hunting methods; modifying penalty for using illegal hunting methods; and declaring an emergency. 228 House Journal

HB 1724  By Duncan. An Act relating to game and fish; amending 29 O.S. 2001, Section 3-205.3, which relates to arrests by a game warden; clarifying statutory language; and providing an effective date.

HB 1725  By Tibbs. An Act relating to children; creating the Task Force on Reactive Attachment Disorder for Children; providing for membership; providing for certain processes of the task force; providing for subcommittees; designating staff support and state agency assistance; providing for Task Force duties and responsibilities; providing for travel reimbursement; requiring certain report; providing for codification; and declaring an emergency.

HB 1726  By Harrison. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2355, as amended by Section 13, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2355), which relates to income tax rates; lowering the income tax rate imposed on certain taxpayers; and providing an effective date.

HB 1727  By Harrison. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2358, as last amended by Section 14, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2358), which relates to adjustments to taxable income; providing exemption for income earned for overtime work of certain employees; and providing an effective date.

HB 1728  By Harrison. An Act relating to county assessors; amending 11 O.S. 2001, Section 42-107, which relates to vacating plats and public ways; adding certain requirements to be included with filings related to vacating a plat; requiring the county clerk to provide certain copy; amending 51 O.S. 2001, Section 24A.7, which relates to the Oklahoma Open Records Act; adding items to be kept confidential by public bodies; amending 68 O.S. 2001, Sections 2802, 2817.1, as amended by Section 8, Chapter 344, O.S.L. 2002, 2842 and 2844 (68 O.S. Supp. 2004, Section 2817.1), which relate to the Ad Valorem Tax Code; modifying certain definitions; adding certain definition; clarifying fair cash value; modifying assessment roll availability; specifying method of making assessment roll adjustments; modifying the calculation of certain interest; and providing an effective date.

HB 1729  By Harrison. An Act relating to children; amending 10 O.S. 7003-1.1, which relates to deprived investigations by Department of Human Services; requiring certain notification of rights; requiring certain waivers; and providing an effective date.

HB 1730  By Harrison. An Act relating to community sentencing; amending 22 O.S. 2001, Sections 988.2, as amended by Section 1, Chapter 251, O.S.L. 2004, 988.18, as amended by Section 6, Chapter 165, O.S.L. 2002 and 988.22, as amended by Section 7, Chapter 165, O.S.L. 2002 (22 O.S. Supp. 2004, Sections 988.2, 988.18 and 988.22), which relate to the Oklahoma Community Sentencing Act; modifying definition of eligible offender; modifying eligibility Second Legislative Day, Monday, February 07, 2005 229 requirements for community punishment; modifying term of active supervision, programs, and services; providing clarification for deferred and suspended sentences; allowing for an extension under certain circumstances; allowing community sentencing cases to remain open under certain circumstances; and providing an effective date.

HB 1731  By Harrison. An Act relating to workers’ compensation; making certain records exempt from disclosure under the Open Records Act under certain circumstances; amending 85 O.S. 2001, Section 24.1, which relates to employer’s record of injuries; making certain records confidential under certain circumstances; providing for codification; and providing an effective date.

HB 1732  By Kern. An Act relating to motor vehicles; creating the Victims of Uninsured Motorists Compensation Act; providing short title; stating legislative intent; defining terms; providing duties and powers of the Insurance Commissioner relating to claims for compensation; providing rights of parties and hearing procedures; providing for waiver of physician- patient privilege; providing grounds for denial of award; providing grounds for diminishing an award; authorizing the Commissioner to reconsider a determination; providing that prosecution, conviction or adjudication are not required for claim; authorizing suspension of proceedings under certain circumstances; providing for subrogation for recovery from collateral source; providing for payment of award; providing for advancements on awards; providing penalties for false claims; creating the Victims of Uninsured Motorists Compensation Revolving Fund and stating purpose therefor; providing for assessments for victim compensation; providing for codification; and providing an effective date.

HB 1733  By Morgan (Danny). An Act relating to oil and gas; amending 52 O.S. 2001, Section 24.5, as amended by Section 2, Chapter 77, O.S.L. 2004 (52 O.S. Supp. 2004, Section 24.5), which relates to gas gathering; updating statutory reference; and declaring an emergency.

HB 1734  By Morgan (Danny). An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2358, as last amended by Section 14, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2358), which relates to adjustments to Oklahoma taxable income; providing exemption from taxable income for certain retirement benefits received in lieu of Social Security benefits; and providing an effective date.

HB 1735  By Gilbert. An Act relating to torts; amending 76 O.S. 2001, Section 19, as last amended by Section 17, Chapter 168, O.S.L. 2004 (76 O.S. Supp. 2004, Section 19), which relates to access to medical records; modifying conditions governing access to certain mental health and substance abuse treatment records; and declaring an emergency.

HB 1736  By Gilbert. An Act relating to fireworks; amending 68 O.S. 2001, Sections 1622, 1623, 1624, 1625, 1627 and 1629, which relate to fireworks sales; modifying definition; restricting sales 230 House Journal of certain fireworks; modifying certain unlawful act; adding Class C fireworks to certain permit application process; providing an effective date; and declaring an emergency.

HB 1737  By Gilbert. An Act relating to intoxicating liquors; ordering a legislative referendum pursuant to the Oklahoma Constitution; providing for levy of excise tax on the sale of low-point beer; requiring funds be deposited in Community-based Substance Abuse Revolving Fund; providing tax on alcoholic beverages; providing for payment of tax; increasing payment for first month tax collected; providing for refund of payment; designating agent for state; amending 37 O.S. 2001, Section 563, which relates to distribution of revenues; directing certain revenues to fund; amending Section 2, Chapter 354, O.S.L. 2003 (43A O.S. Supp. 2004, Section 2-311), which relates to the Community-based Substance Abuse Revolving Fund; allowing fund to accept monies raised by sales tax; providing for codification; providing an effective date; providing ballot title; and directing filing.

HB 1738  By Terrill. An Act relating to revenue and taxation; repealing 68 O.S. 2001, Sections 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213 and 1214, which relate to the Franchise Tax Code; providing an effective date; and declaring an emergency.

HB 1739  By Terrill. An Act relating to revenue and taxation; repealing 68 O.S. 2001, Sections 801, 802, 802.1, 803, 804, 805, as amended by Section 5, Chapter 458, O.S.L. 2002, 806, 807, as amended by Section 11, Chapter 472, O.S.L. 2003, 808, 809, 810, 811, as amended by Section 2, Chapter 535, O.S.L. 2004, 812, 813, 814, 815, as last amended by Section 3, Chapter 535, O.S.L. 2004, 815.1, 816, 816.1, 817, 818, 819, 820, 821, 822, 823, 824 and 825 (68 O.S. Supp. 2004, Sections 805, 807, 811 and 815), which relate to the imposition and collection of a tax on the estate of a decedent; and providing an effective date.

HB 1740  By Billy. An Act relating to prisons and reformatories; amending 57 O.S. 2001, Section 37, as amended by Section 3, Chapter 239, O.S.L. 2004 (57 O.S. Supp. 2004, Section 37), which relates to facilities reaching maximum capacity; modifying language; and providing an effective date.

HB 1741  By Billy. An Act relating to criminal procedure; amending 22 O.S. 2001, Section 996.3, as amended by Section 4, Chapter 323, O.S.L. 2003 (22 O.S. Supp. 2004, Section 996.3), which relates to delayed sentencing program; modifying language; and providing an effective date.

HB 1742  By Billy. An Act relating to Oklahoma Corrections Act of 1967; amending 57 O.S. 2001, Section 507, which relates to powers and duties of the Director; modifying language; and providing an effective date.

HB 1743  By Billy. Second Legislative Day, Monday, February 07, 2005 231

An Act relating to criminal procedure; amending 22 O.S. 2001, Section 471.5, which relates to admissibility of statements or evidence during drug court investigation; modifying language; and providing an effective date.

HB 1744  By Billy. An Act relating to prisons and reformatories; amending 57 O.S. 2001, Section 21, which relates to prohibited items in penal institutions and jails; modifying language; and providing an effective date.

HB 1745  By Sullivan. An Act relating to jail facilities; amending 57 O.S. 2001, Section 38, which relates to jail reimbursement rate; modifying reimbursement rate; and providing an effective date.

HB 1746  By Sullivan. An Act relating to state government; declaring certain policies as null and void; providing for codification; and providing an effective date.

HB 1747  By Sullivan. An Act relating to counties and county officers; amending 19 O.S. 2001, Section 553, which relates to retiring sheriffs and deputies; adding reserve deputies to those able to retain certain status; allowing a surviving spouse to retain badge and firearm; amending 21 O.S. 2001, Section 1289.8, as amended by Section 1, Chapter 54, O.S.L. 2003 (21 O.S. Supp. 2004, Section 1289.8), which relates to carrying concealed weapons; providing for retention of status as a peace officer for certain persons; and providing an effective date.

HB 1748  By Sullivan. An Act relating to municipalities; enacting the Competitive Bidding for Municipalities Improvement Act; providing for noncodification; and providing an effective date.

HB 1749  By Sullivan. An Act relating to elections; amending 26 O.S. 2001, Section 4-113, as amended by Section 6, Chapter 545, O.S.L. 2004 (26 O.S. Supp. 2004, Section 4-113), which relates to voter identification cards; clarifying language; and providing an effective date.

HB 1750  By Deutschendorf. An Act relating to workers’ compensation; enacting the Workers’ Compensation Claimant Benefit Option Act; providing for noncodification; and providing an effective date.

HB 1751  By Case. An Act relating to telecommunications; amending 63 O.S. 2001, Sections 2813 and 2814, which relate to the Nine-One-One Emergency Number Act; modifying definitions; changing certain term; amending 63 O.S. 2001, Sections 2843, as amended by Section 1, Chapter 456, O.S.L. 2002 and 2843.1, as amended by Section 2, Chapter 456, O.S.L. 2002 (63 O.S. Supp. 2004, Sections 2843 and 2843.1), which relate to the Nine-One-One Wireless Emergency Number Act; deleting certain definition; changing amount of nine- 232 House Journal one-one emergency wireless telephone fee; deleting certain term; deleting reference to certain agreement; and declaring an emergency.

HB 1752  By Case. An Act relating to public utilities; amending 17 O.S. 2001, Sections 251, 252 and 253, which relate to fuel adjustment clauses; adding certain rule to be considered by the Commission in designing fuel adjustment clauses; adding certain criteria for monitoring application of fuel adjustment clauses; providing for burden of proof at fuel adjustment clause hearings; modifying grounds for and actions taken by the Commission in recomputing fuel adjustment clauses; requiring certain review on fuel adjustment applications; and declaring an emergency.

HB 1753  By Braddock. An Act relating to public finance; enacting the Oklahoma Military Base Protection Grant Program; stating legislative intent; providing for noncodification; and declaring an emergency.

HB 1754  By Miller (Doug). An Act relating to counties and county officers; amending 19 O.S. 2001, Section 865.60, which relates to county planning and zoning; updating language; and providing an effective date.

HB 1755  By Miller (Doug). An Act relating to state government; amending 74 O.S. 2001, Sections 840-1.9, 840- 4.17, as last amended by Section 12, Chapter 312, O.S.L. 2004 and 840-6.8 (74 O.S. Supp. 2004, Section 840-4.17), which relate to the Oklahoma Personnel Act; modifying duties of the Oklahoma Merit Protection Commission; modifying criteria for employee performance management system; modifying rating requirements; expanding jurisdiction of the Oklahoma Merit Protection Commission; expanding eligibility for payment of certain fees; and providing an effective date.

HB 1756  By Miller (Doug). An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 3624, as amended by Section 2, Chapter 203, O.S.L. 2002 (68 O.S. Supp. 2004, Section 3624), which relates to the Compete with Canada Film Act; deleting reference to the Oklahoma Film Enhancement Rebate Program Revolving Fund; adding commercials as type of production eligible for rebate; updating statutory language; modifying certain completion documentation requirement; changing payment source of claims to the General Revenue Fund; amending 68 O.S. 2001, Section 1357.8, which relates to sales tax refund for motion pictures and television; adding commercial as type of production eligible for sales tax refund; repealing 68 O.S. 2001, Section 3625, which relates to the Oklahoma Film Enhancement Rebate Program Revolving Fund; providing an effective date; and declaring an emergency.

HB 1757  By Miller (Doug). Second Legislative Day, Monday, February 07, 2005 233

An Act relating to tourism and recreation; amending 74 O.S. 2001, Section 1847.4, which relates to accounts, contracts, documents, and records of the Oklahoma Tourism and Recreation Commission; clarifying statutory language; and providing an effective date.

HB 1758  By Gilbert. An Act relating to economic development; enacting the Enterprise Zone and Business Tax Incentive Act of 2005; providing for noncodification; and providing an effective date.

HB 1759  By Harrison. An Act relating to oil and gas; amending 52 O.S. 2001, Section 570.1, which relates to the Production Revenue Standards Act; updating statutory references; modifying name of act; stating public policy; amending 52 O.S. 2001, Section 570.2, which relates to definitions; modifying definitions; defining terms; amending 52 O.S. 2001, Section 570.4, which relates to proceeds of royalty interests; requiring interest due on certain proceeds; requiring operators to act in fiduciary capacity; amending 52 O.S. 2001, Section 570.7, which relates to out of balance wells; requiring accounting within certain time period upon depletion of well; amending 52 O.S. 2001, Section 570.10, which relates to proceeds from sales of production; creating certain express trust; stating procedures for unmarketable titles; requiring operators to be liable to royalty owners for payment of certain proceeds; requiring interest to be paid by certain time; providing rebuttable presumption; providing penalty interest on certain late payments; stating penalty for violation of act; providing claim against certain party causing delay in royalty payments; amending 52 O.S. 2001, Section 570.11, which relates to division orders; requiring compliance with certain act; amending 52 O.S. 2001, Section 570.12, which relates to information to interest owners of certain oil and gas sales; modifying required information; requiring action within certain time period; defining term; providing penalty for violation; authorizing removal of operator upon certain willful breach of obligations; stating findings of certain court or jury; requiring relinquishment of rights by certain persons; stating findings by certain court or jury relating to underpayment of royalty proceeds; stating liability; amending 52 O.S. 2001, Section 570.14, which relates to district court jurisdiction; modifying entitlements for certain well owners; stating construction of act; providing for reasonable attorney fees; stating definition; stating factors for consideration of just compensation; authorizing trial judges to take certain actions in class action cases; amending 52 O.S. 2001, Section 570.15, which relates to effective dates of certain acts; modifying statutory references; amending 68 O.S. 2001, Section 1024, which relates to release of information by the Tax Commission; deleting requirement for certain affidavit; providing for certain information to be provided without costs; providing for codification; and declaring an emergency.

HB 1760  By Denney. An Act relating to schools; amending 70 O.S. 2001, Section 6-122.3, which relates to the Alternative Placement teaching certificate; adding a minimum age and a minimum grade point average requirement; modifying work experience requirement; modifying amount of postbaccalaureate work experience required; providing an effective date; and declaring an emergency.

HB 1761  By Denney. 234 House Journal

An Act relating to public retirement systems; providing for cost-of-living increase for certain retirees of the Teachers’ Retirement System of Oklahoma; providing for codification; providing an effective date; and declaring an emergency.

HB 1762  By Sweeden. An Act relating to state emblems; making the strawberry the official fruit of the State of Oklahoma; providing for codification; and providing an effective date.

HB 1763  By Sweeden. An Act relating to higher education; amending 70 O.S. 2001, Section 3218.2, as amended by Section 1, Chapter 4, O.S.L. 2003 (70 O.S. Supp. 2004, Section 3218.2), which relates to resident and nonresident tuition and fees; requiring institutions in The Oklahoma State System of Higher Education to submit certain information to the Oklahoma State Regents for Higher Education; requiring certain report to the Legislature and Governor from the Oklahoma State Regents for Higher Education; requiring the appropriations committees of the House and Senate meet with State Regents and representatives of institutions within The Oklahoma State System of Higher Education for certain purpose; stating legislative intent; and declaring an emergency.

HB 1764  By Sweeden. An Act relating to oil and gas; amending 52 O.S. 2001, Section 318.2, which relates to surface damages; providing short title; defining terms; modifying definitions; amending 52 O.S. 2001, Section 318.3, which relates to notice of intent to drill; modifying requirements relating to reasonable diligence in location of certain surface owners; requiring certain written notice to certain surface tenants of record; amending 52 O.S. 2001, Section 318.4, which relates to bond requirements; updating statutory language; amending 52 O.S. 2001, Section 318.5, as amended by Section 16, Chapter 22, O.S.L. 2002 (52 O.S. Supp. 2004, Section 318.5), which relates to negotiations with surface owners; requiring negotiations with certain surface tenants of record; requiring surface owner and surface tenant of record to be included as parties to certain petition; authorizing surface tenant to intervene in certain action; requiring three appraisers who shall be landowners in certain county; deleting requirement for state-certified general real estate appraisers in certain appraisals; stating requirements for appraisers to inspect all damages sustained by surface owners or surface tenants; including certain diminution in value of certain property; stating requirements for certain report by appraisers; including certain damages to be assessed by a jury; prohibiting damages to be tied to certain railroad condemnation actions; and declaring an emergency.

HB 1765  By Sweeden. An Act relating to children; amending 10 O.S. 2001, Section 7302-1.1, as last amended by Section 1, Chapter 429, O.S.L. 2004 (10 O.S. Supp. 2004, Section 7302-1.1), which relates to the Board of Juvenile Affairs; modifying terms of office for members of the Board; stating ineligibility of certain members; providing for appointment of Board by certain date; stating expiration dates for initial appointments; establishing term of office; specifying number of terms a member can serve; and declaring an emergency.

HB 1766  By Sweeden. Second Legislative Day, Monday, February 07, 2005 235

An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 1289.21, which relates to possession or use of restricted bullets; modifying language; and providing an effective date.

HB 1767  By Roggow. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1351, which relates to the Oklahoma Sales Tax Code; clarifying language; and providing an effective date.

HB 1768  By Roggow. An Act relating to state government; amending 74 O.S. 2001, Section 1301, which relates to the State and Education Employees Group Insurance Act; clarifying language; and providing an effective date.

HB 1769  By Roggow. An Act relating to revenue and taxation; authorizing credit against income tax for individual that uses or employs soil conservation methods on property; limiting amount of credit; providing for prescription of forms by Oklahoma Tax Commission; defining term; providing for codification; and providing an effective date.

HB 1770  By Roggow. An Act relating to public buildings and public works; amending 61 O.S. 2001, Sections 102, as last amended by Section 1, Chapter 97, O.S.L. 2004, 107, as amended by Section 15, Chapter 294, O.S.L. 2002, 113, as last amended by Section 1, Chapter 299, O.S.L. 2004 and 131 (61 O.S. Supp. 2004, Sections 102, 107 and 113), which relate to the Public Competitive Bidding Act of 1974; modifying definition; increasing certain monetary limitations on contracts; providing an effective date; and declaring an emergency.

HB 1771  By Roggow. An Act relating to state government; providing for a compensation study of the classified and unclassified positions of state government; requiring a report; providing for distribution of report; providing for codification; and declaring an emergency.

HB 1772  By Roggow. An Act relating to underground storage tanks; amending 17 O.S. 2001, Section 365, which relates to the Oklahoma Leaking Underground Storage Tank Trust Fund; clarifying language; and providing an effective date.

HB 1773  By Smaligo. An Act relating to environment; amending 27A O.S. 2001, Sections 2-11-402, as amended by Section 1, Chapter 185, O.S.L. 2004, 2-11-403, as amended by Section 1, Chapter 502, O.S.L. 2002, 2-11-405, as last amended by Section 2, Chapter 185, O.S.L. 2004, 2-11-406, as amended by Section 3, Chapter 185, O.S.L. 2004, 2-11-408, as amended by Section 3, Chapter 502, O.S.L. 2002 (27A O.S. Supp. 2004, Sections 2-11-402, 2-11- 403, 2-11-405, 2-11-406 and 2-11-408), which relate to the Oklahoma Waste Tire Recycling Act; modifying definitions; modifying fees; modifying allocation of certain 236 House Journal funds; modifying compensation; modifying mode of delivery; and providing an effective date.

HB 1774  By Hastings. An Act relating to amusements and sports; amending 3A O.S. 2001, Sections 605, as amended by Section 1, Chapter 184, O.S.L. 2004, 616 and 617, as last amended by Section 2, Chapter 184, O.S.L. 2004 (3A O.S. Supp. 2004, Sections 605 and 617), which relate to the Oklahoma Professional Boxing Licensing Act; modifying method of establishing the salary of the administrator; modifying amount of money that can be retained in the Professional Boxing Licensing Revolving Fund; requiring remittance of certain assessment; transferring responsibility for fee collection; repealing 3A O.S. 2001, Section 621, which relates to closed-circuit telecast permits; and providing an effective date.

HB 1775  By DePue. An Act relating to schools; amending 70 O.S. 2001, Section 1-115, which relates to the administration of the school system; deleting obsolete language; and declaring an emergency.

HB 1776  By DePue. An Act relating to intoxicating liquors; amending 37 O.S. 2001, Section 502, which relates to the Oklahoma Alcoholic Beverage Control Act; clarifying language; and providing an effective date.

HB 1777  By Rousselot. An Act relating to soldiers and sailors; amending 72 O.S. 2001, Section 126.16, which relates to veterans’ guardianship and commitment of veterans; updating language; and providing an effective date.

HB 1778  By Rousselot. An Act relating to the Teachers’ Retirement System of Oklahoma; providing for automatic cost-of-living adjustments; specifying amount of adjustment; providing for annual automatic adjustment; providing for codification; providing an effective date; and declaring an emergency.

HB 1779  By Rousselot. An Act relating to economic development; enacting the Oklahoma Local Economic Development Authority and Industrial Park Incentives Improvement Act of 2005; providing for noncodification; providing an effective date; and declaring an emergency.

HB 1780  By Rousselot. An Act relating to revenue and taxation; creating the Oklahoma National Guard Relief Program; stating purpose; creating review board; authorizing development of procedures for the review board; creating an income tax checkoff for the Oklahoma National Guard Relief Program; stating purpose of fund; creating certain fund; providing for apportionment of funds; providing procedures for taxpayers making donation in error; providing for codification; and providing an effective date.

Second Legislative Day, Monday, February 07, 2005 237

HB 1781  By Rousselot. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2358, as last amended by Section 14, Chapter 322, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2358), which relates to adjustments to taxable income; providing income tax deduction for premiums paid for medical insurance by certain persons; limiting deduction; and providing an effective date.

HB 1782  By Reynolds. An Act relating to insurance; amending Section 7, Chapter 127, O.S.L. 2003 (36 O.S. Supp. 2004, Section 956), which relates to the Use of Credit Information in Personal Insurance Act; requiring certain information be provided to a consumer; and providing an effective date.

HB 1783  By Miller (Ken), Dank, Jones and DePue. An Act relating to schools; creating the Administrative Reorganization and Consolidation Act; creating the Administrative Reorganization and Consolidation Commission; providing termination date; stating responsibilities of the Commission; providing for membership, officers, vacancies, meeting and travel reimbursement; requiring the Commission to develop guidelines and standards by certain date; stating purpose of guidelines; directing the Commission to study certain issues; providing for certain guideline standards; requiring the Commission to develop a list of recommendations by a certain date; requiring submission of list; providing for legislative approval; providing for submission of list to State Board of Education; providing for implementation of recommendations; allowing certain school district to voluntarily administratively consolidate; providing for submission of a plan; directing the Board to implement a joint countywide board of education pilot program; providing for selection of counties to participate in pilot program; requiring the Board to issue a report; directing the Commission to make certain recommendations; directing the Board to promulgate rules; limiting construction of act relating to closure of schools; prohibiting closure of schools until certain time; providing for codification; and declaring an emergency.

HB 1784  By Tibbs. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 1113, as last amended by Section 4, Chapter 534, O.S.L. 2004 (47 O.S. Supp. 2004, Section 1113), which relates to motor vehicle registration; requiring vehicles to have license plate on front and rear of vehicle; and providing an effective date.

HB 1785  By Tibbs. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1357, as last amended by Section 8, Chapter 535, O.S.L. 2004 (68 O.S. Supp. 2004, Section 1357), which relates to general sales tax exemptions; exempting sales of certain optical aides from sales tax; providing an effective date; and declaring an emergency.

HB 1786  By Dank. An Act relating to schools; amending 70 O.S. 2001, Section 11-103.6, as last amended by Section 1, Chapter 82, O.S.L. 2004 (70 O.S. Supp. 2004, Section 11-103.6), which relates to curriculum standards; providing for high school graduation core curriculum 238 House Journal option; requiring school districts to issue an Oklahoma Scholars Diploma by a certain date; providing for automatic enrollment in the Oklahoma Scholars core curriculum; allowing parents to opt out of Oklahoma Scholars core curriculum; listing courses required for Oklahoma Scholars core curriculum; providing for additional curriculum requirements for graduation; requiring school district to offer certain courses; defining certain terms; allowing credit for courses taken in eighth grade; providing for codification; providing an effective date; and declaring an emergency.

HB 1787  By Dank. An Act relating to schools; requiring the administrative duties of school districts to be combined in certain circumstances; establishing criteria for combining administrative duties of independent school districts; establishing criteria for combining administrative duties of elementary school districts; directing the State Board of Education to take certain action; requiring the Board to formulate an agreement between school districts; authorizing the Board to promulgate rules; providing for employment of full-time principals, assistant principals, and teaching principals at certain school sites; providing for codification; providing an effective date; and declaring an emergency.

HB 1788  By Dank. An Act relating to schools; amending 70 O.S. 2001, Section 3-132, 3-133 and 3-134, which relate to the Oklahoma Charter Schools Act; deleting technology center school districts as a charter school sponsor; adding the State Board of Education as a charter school sponsor; deleting certain restriction; providing an effective date; and declaring an emergency.

HB 1789  By Dank. An Act relating to unfair trade practices; enacting the Fair Competition Act; defining terms; providing certain business entities relieved of requirement to collect state sales tax; providing for codification; providing for noncodification; and providing an effective date.

HB 1790  By Coody. An Act relating to elections; amending 26 O.S. 2001, Section 7-103.2, which relates to registered voters; clarifying language; and providing an effective date.

HB 1791  By Peterson (Ron). An Act relating to insurance; amending Section 4, Chapter 276, O.S.L. 2002 (36 O.S. Supp. 2004, Section 4524), which relates to the Employer Health Insurance Purchasing Group Act; removing HIPG from being subject to requirements of certain regulation; amending 36 O.S. 2001, Section 6515, which relates to the Small Employer Health Insurance Reform Act; modifying percentage at which premium rate may vary; and providing an effective date.

HB 1792  By Peterson (Ron). An Act relating to state government; amending 74 O.S. 2001, Section 1304, as amended by Section 1, Chapter 196, O.S.L. 2002 (74 O.S. Supp. 2004, Section 1304), which relates to State and Education Employees Group Insurance Act; requiring Board to contract with certain program provider; and providing an effective date. Second Legislative Day, Monday, February 07, 2005 239

HB 1793  By Peterson (Ron). An Act relating to telecommunications; amending 17 O.S. 2001, Section 134, which relates to repair and maintenance of telephone properties; updating statutory language; and providing an effective date.

HB 1794  By Peterson (Ron). An Act relating to criminal procedure; amending 22 O.S. 2001, Section 60.8, as amended by Section 2, Chapter 443, O.S.L. 2002 (22 O.S. Supp. 2004, Section 60.8), which relates to seizure and forfeiture of weapons used to commit domestic abuse; modifying language; and providing an effective date.

HB 1795  By Peterson (Ron). An Act relating to workers’ compensation; amending 85 O.S. 2001, Section 1, which relates to the Workers’ Compensation Act; clarifying language; and providing an effective date.

HB 1796  By Peterson (Ron). An Act relating to revenue and taxation; enacting the Oklahoma Ad Valorem Tax Code Technical Amendments Act of 2005; providing for noncodification; and providing an effective date.

HB 1797  By Peterson (Ron). An Act relating to professions and occupations; amending 59 O.S. 2001, Section 353.1b, which relates to the Oklahoma Pharmacy Act; clarifying language for certified registered nurse anesthetists; and providing an effective date.

HB 1798  By Peterson (Ron). An Act relating to insurance; amending 36 O.S. 2001, Section 6601, which relates to the Service Warranty Insurance Act; clarifying language; and providing an effective date.

HB 1799  By Peterson (Ron). An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 325, which relates to the Cigarette Stamp Tax; clarifying language; and providing an effective date.

HB 1800  By Worthen. An Act relating to the Oklahoma Open Records Act; amending 51 O.S. 2001, Section 24A.16, as amended by Section 1, Chapter 430, O.S.L. 2003 (51 O.S. Supp. 2004, Section 24A.16), which relates to educational records; clarifying language; and providing an effective date.

HB 1801  By Worthen. An Act relating to roads, bridges and ferries; enacting the Sound Barrier Feasibility Act; providing for noncodification; and providing an effective date.

HB 1802  By Worthen. 240 House Journal

An Act relating to roads, bridges and ferries; amending 69 O.S. 2001, Section 1711, which relates to tolls; adding certain exception from toll charge; providing an effective date; and declaring an emergency.

HB 1803  By Cargill. An Act relating to revenue and taxation; authorizing tax credit for employers providing paid leave under the Family and Medical Leave Act of 1993; limiting amount of credit; providing for codification; and providing an effective date.

HB 1804  By Cargill. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 1172, as amended by Section 5, Chapter 275, O.S.L. 2004 (21 O.S. Supp. 2004, Section 1172), which relates to obscene, threatening, or harassing telephone calls; modifying term; expanding scope of prohibited acts; defining terms; and providing an effective date.

HB 1805  By Cargill. An Act relating to public health and safety; enacting the Women’s Right to Know Act; providing short title; defining terms; requiring voluntary and informed consent for an abortion; specifying requirements for a voluntary and informed consent; requiring the State Department of Health to publish certain printed materials; requiring development of an Internet website for certain purpose; providing for medical emergencies; requiring the State Department of Health to prepare certain reporting forms; providing procedure for use of report forms; specifying penalties; authorizing actual and punitive damages under certain circumstances; providing for injunctions and attorney fees under certain circumstances; providing procedure for anonymity of certain persons; providing for severability; enacting the Family Protection Act; providing short title; defining terms; prohibiting abortions on certain persons without certain notice; providing procedures related to the notice; specifying penalties; authorizing actual and punitive damages; requiring the State Department of Health to prepare certain reporting form; providing procedure for use of report form; requiring the State Department of Health to issue certain report; providing remedy for failure to issue certain report; providing for severability; providing for codification; and providing an effective date.

HB 1806  By Cargill. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 11-902, as last amended by Section 1, Chapter 548, O.S.L. 2004 (47 O.S. Supp. 2004, Section 11-902), which relates to operating a motor vehicle while under the influence of alcohol or other intoxicating substance; modifying penalties; providing for additional assessment; and providing an effective date.

HB 1807  By Cargill. An Act relating to arbitration; creating the Uniform Arbitration Act; providing short title; defining terms; providing conditions of giving and receiving notice; providing agreements that are governed by the Uniform Arbitration Act; providing for waiver of requirements; providing nonwaivable provisions; providing for application for judicial relief; providing for validity of agreements to arbitrate; providing for application and motion to compel or stay arbitration; providing for provisional remedies; providing for Second Legislative Day, Monday, February 07, 2005 241 initiation of arbitration; providing for consolidation of separate arbitration proceedings; prohibiting consolidation if prohibited by the arbitration agreement; providing for appointment of arbitrator; providing that certain persons shall not serve as arbitrator; requiring certain disclosures by arbitrator; providing for objections; providing consequences if an arbitrator does not disclose certain information; requiring compliance with certain procedures in certain circumstances; requiring action by more than one arbitrator to be action of a majority; requiring all arbitrators to conduct the hearing; providing civil immunity for arbitrator; providing that an arbitrator is not competent to testify or required to produce records in certain proceedings; providing exceptions; providing for the award of certain attorney fees and expenses of litigation; providing for the arbitration process; authorizing a party to an arbitration proceeding to be represented by a lawyer; providing for subpoena power, administration of oaths, and use of discovery; allowing witnesses to appear telephonically or by other means; authorizing an arbitrator to issue protective orders; providing that certain laws and fees apply to arbitration proceedings; providing for enforcement of subpoenas and discovery-related orders; providing for judicial enforcement of preaward rulings; providing requirements for awards; providing procedure for modification or correction of award; authorizing an arbitrator to award punitive damages and other exemplary relief; authorizing an arbitrator to award attorney fees and other expenses; providing for confirming orders; authorizing the court to vacate an award for certain reasons; providing procedure for vacating award; requiring the court to modify or correct an award under certain circumstances; providing for entering judgment; authorizing the court to award certain costs and expenses; providing for jurisdiction; providing venue; providing for appeals; providing for uniform application of law; providing conformity with certain act; repealing 15 O.S. 2001, Sections 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817 and 818, which relate to the Uniform Arbitration Act; providing for codification; providing an effective date; and declaring an emergency.

HB 1808  By Cargill. An Act relating to state government; enacting the Oklahoma Government Modernization and Reorganization Act of 2005; providing for noncodification; and providing an effective date.

HB 1809  By Armes. An Act relating to agriculture; amending 2 O.S. 2001, Sections 3-100.1, 3-101, 3-103, 3-106, 3-113, 3-116, 3-117, 3-121 and 3-122, which relate to the Oklahoma Apiary Act; modifying definitions; modifying inspection powers; modifying certain destruction of certain bees; modifying certain inspections; modifying certain sales; modifying certain fees; modifying certain registration requirements; modifying certain inspections; requiring certain permits; clarifying terms; modifying certain inspection fees; modifying certain violations; clarifying terms; providing for certain crimes; providing for certain actions by the Oklahoma Department of Agriculture, Food, and Forestry; providing for certain exemptions; providing for certain fee; providing for certain reporting; repealing 2 O.S. 2001, Sections 3-107 and 3-114, which relate to shipment and pollination of bees; providing for codification; and providing an effective date.

HB 1810  By Armes. 242 House Journal

An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 3603, as last amended by Section 1, Chapter 457, O.S.L. 2004 (68 O.S. Supp. 2004, Section 3603), which relates to the Oklahoma Quality Jobs Program Act; modifying definitions; providing an effective date; and declaring an emergency.

HB 1811  By Armes. An Act relating to the Oklahoma Chiropractic Practice Act; amending 59 O.S. 2001, Section 161.4, as last amended by Section 2, Chapter 269, O.S.L. 2004 (59 O.S. Supp. 2004, Section 161.4), which relates to the Board of Chiropractic Examiners; restricting membership of Board; and providing an effective date.

HB 1812  By Armes. An Act relating to pharmacy; amending 59 O.S. 2001, Section 353.1, as last amended by Section 16, Chapter 523, O.S.L. 2004 (59 O.S. Supp. 2004, Section 353.1), which relates to Oklahoma Pharmacy Act; modifying definitions; amending 59 O.S. 2001, Section 353.13, which relates to prohibited acts; providing an exemption; and providing an effective date.

HB 1813  By Armes. An Act relating to waters and water rights; amending 82 O.S. 2001, Section 1086.2, which relates to powers of the Oklahoma Water Resources Board; providing for bids for statewide water plan; providing an effective date.

HB 1814  By Armes. An Act relating to game and fish; amending 29 O.S. 2001, Section 4-114, as last amended by Section 4, Chapter 513, O.S.L. 2004 (29 O.S. Supp. 2004, Section 4-114), which relates to lifetime hunting and fishing licenses; modifying use of proceeds from the Lifetime Oklahoma Wildlife Land Stamp; amending Sections 1 and 2, Chapter 513, O.S.L. 2004 (29 O.S. Supp. 2004, Sections 4-140 and 4-141), which relate to the Oklahoma Wildlife Land Stamp; adding certain exemptions; modifying use of proceeds from the Oklahoma Wildlife Land Stamp; updating statutory citations; repealing 29 O.S. 2001, Section 4-114, as last amended by Section 2, Chapter 284, O.S.L. 2004 (29 O.S. Supp. 2004, Section 4-114), which relates to lifetime hunting and fishing licenses; and declaring an emergency.

HB 1815  By Armes. An Act relating to pesticides; creating Pesticide Applicator Act of 2005; providing for noncodification; and providing an effective date.

HB 1816  By Armes. An Act relating to state government; amending 74 O.S. 2001, Section 10.3, as amended by Section 1, Chapter 371, O.S.L. 2003 (74 O.S. Supp. 2004, Section 10.3), which relates to creating a cabinet system; adding certain requirement for certain appointment; and providing an effective date.

HB 1817  By Armes. Second Legislative Day, Monday, February 07, 2005 243

An Act relating to cities and towns; amending 11 O.S. 2001, Section 37-109, which relates to waterworks and water supplies; updating language; and providing an effective date.

HB 1818  By Armes. An Act relating to revenue and taxation; amending Section 1, Chapter 510, O.S.L. 2004 (68 O.S. Supp. 2004, Section 2357.100), which relates to tax credits for purchase and transportation of poultry litter; clarifying language; and providing an effective date.

HB 1819  By Armes. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2351, which relates to income tax; clarifying language; and providing an effective date.

HB 1820  By Miller (Ray). An Act relating to public safety; creating the Oklahoma Vessel Safety Act of 2005; establishing responsibilities for certain persons; establishing procedures and guidelines for bridge transit; establishing procedures for operator incapacitation; providing for codification; and providing an effective date.

HB 1821  By Miller (Ray). An Act relating to cosmetology; amending 59 O.S. 2001, Sections 199.1, 199.9 and 199.14, as amended by Section 8, Chapter 56, O.S.L. 2003 (59 O.S. Supp. 2004, Section 199.14), which relate to Oklahoma Cosmetology Act; modifying definitions; modifying inspections of certain facilities; increasing certain fees; and providing an effective date.

HB 1822  By Miller (Ray). An Act relating to motor vehicles; amending 47 O.S. 2001, Section 230.23, which relates to the Motor Carrier Act of 1995; modifying exemption from certain definition; and declaring an emergency.

HB 1823  By Miller (Ray). An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1356, as last amended by Section 6, Chapter 535, O.S.L. 2004 (68 O.S. Supp. 2004, Section 1356), which relates to sales tax exemptions; providing sales tax exemption for certain foster parent organizations; providing an effective date; and declaring an emergency.

HB 1824  By Miller (Ray). An Act relating to the Sex Offenders Registration Act; amending 57 O.S. 2001, Section 583, as last amended by Section 1, Chapter 162, O.S.L. 2004 (57 O.S. Supp. 2004, Section 583), which relates to registration, time limits, and duration; requiring notice of change of address; providing an effective date; and declaring an emergency.

HB 1825  By Miller (Ray). An Act relating to the Oklahoma Charity Games Act; amending 3A O.S. 2001, Section 421, as amended by Section 1, Chapter 330, O.S.L. 2004 (3A O.S. Supp. 2004, Section 421), which relates to taxes levied pursuant to the Oklahoma Charity Games Act; expanding exception from taxation; and providing an effective date. 244 House Journal

HB 1826  By Miller (Ray). An Act relating to roads, bridges and ferries; designating a section of State Highway 31 as the Scott Vincent Memorial Highway; requiring placement of markers; providing for codification; and providing an effective date.

HB 1827  By Miller (Ray). An Act relating to small business; enacting the Oklahoma Small Business Health Insurance Access Act of 2005; providing for noncodification; and providing an effective date.

HB 1828  By Miller (Ray). An Act relating to public health and safety; amending 63 O.S. 2001, Section 1-533, as amended by Section 1, Chapter 463, O.S.L. 2002 (63 O.S. Supp. 2004, Section 1-533), which relates to phenylketonuria; clarifying language; and providing an effective date.

HB 1829  By Miller (Ray). An Act relating to poor persons; amending 56 O.S. 2001, Section 166.1, which relates to application for assistance and child support; clarifying language; and providing an effective date.

HB 1830  By Miller (Ray). An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2817, as last amended by Section 2, Chapter 431, O.S.L. 2003 (68 O.S. Supp. 2004, Section 2817), which relates to valuation of certain property; providing for valuation of certain facilities related to commercial poultry operations; and providing an effective date.

HB 1831  By Miller (Ray). An Act relating to children; amending 10 O.S. 2001, Section 7302-5.4, which relates to discharge of children adjudicated delinquent; modifying discharge procedure; and providing an effective date.

HB 1832  By Jett. An Act relating to higher education; creating the Oklahoma Higher Education Research and Development Opportunities Program; amending 74 O.S. 2001, Section 5060.6, as last amended by Section 1, Chapter 217, O.S.L. 2004 (74 O.S. Supp. 2004, Section 5060.6), which relates to the board of directors for the Oklahoma Science and Technology Research and Development Board; adding the Chancellor of the Oklahoma State Regents for Higher Education to the Board; providing for noncodification; providing an effective date; and declaring an emergency.

HB 1833  By Jett. An Act relating to telecommunications; creating the Task Force on Emergency Wireless Telecommunications Coverage; stating purpose of the Task Force; providing for membership; providing for appointments, meetings, officers, travel reimbursements, and staffing; stating duties of the Task Force; requiring a report by certain date; providing for noncodification; and declaring an emergency.

Second Legislative Day, Monday, February 07, 2005 245

HB 1834  By Jett. An Act relating to telecommunications; creating the Statewide Nine-One-One Advisory Board; stating purpose of the Board; providing for membership; providing for designation of chair, meetings, and travel reimbursement; establishing duties of the Board; providing for codification; and declaring an emergency.

HB 1835  By Jett. An Act relating to state government; amending 74 O.S. 2001, Section 1371, as last amended by Section 1, Chapter 414, O.S.L. 2004 (74 O.S. Supp. 2004, Section 1371), which relates to the Oklahoma State Employees Benefits Act; allowing certain elected officials not to participate in benefit plans; and providing an effective date.

HB 1836  By Jett. An Act relating to counties and county officers; amending 19 O.S. 2001, Section 131, as amended by Section 3, Chapter 53, O.S.L. 2004 (19 O.S. Supp. 2004, Section 131), which relates to county officers; making elections for county officers nonpartisan; amending 19 O.S. 2001, Section 510, as last amended by Section 5, Chapter 53, O.S.L. 2004 (19 O.S. Supp. 2004, Section 510), which relates to county sheriffs; making elections for county sheriffs nonpartisan; and providing an effective date.

HB 1837  By Jett. An Act relating to schools; amending 70 O.S. 2001, Section 6-101, as amended by Section 3, Chapter 455, O.S.L. 2003 (70 O.S. Supp. 2004, Section 6-101), which relates to teacher contracts; allowing a board of education to contract with persons obtaining certification or licensure; providing for termination of contract in certain condition; amending 70 O.S. 2001, Sections 6-107, as amended by Section 9, Chapter 204, O.S.L. 2003 and 6-108 (70 O.S. Supp. 2004, Section 6-107), which relate to contracts with school employees; amending 70 O.S. 2001, Section 6-190, as last amended by Section 1, Chapter 438, O.S.L. 2004 (70 O.S. Supp. 2004, Section 6-190), which relates to teacher employment, certification, and licensure; providing certain exception; and declaring an emergency.

HB 1838  By Jett. An Act relating to telecommunications; amending 17 O.S. 2001, Section 139.601, which relates to wide area calling plans; modifying requirement to expand wide area calling plans; deleting certain criteria and definition; changing effective date; providing an effective date; and declaring an emergency.

HB 1839  By Jett. An Act relating to schools; amending 70 O.S. 2001, Section 6-188, which relates to restructuring of curriculum examination system; clarifying statutory language; and providing an effective date.

HB 1840  By Jett. An Act relating to schools; amending 70 O.S. 2001, Section 11-102, which relates to instruction conducted in English language; clarifying statutory language; and declaring an emergency. 246 House Journal

HB 1841  By Jett. An Act relating to schools; amending 70 O.S. 2001, Section 11-103.6b, which relates to social studies curriculum and textbooks; clarifying statutory language; and declaring an emergency.

HB 1842  By Shumate. An Act relating to schools; creating the Multi-Ethnic History Education Commission; providing for membership; providing for appointment of members and terms; providing for officers, meetings, travel reimbursement, assistance, and staffing; establishing responsibilities and duties of the Commission; requiring an annual report; providing for codification; and declaring an emergency.

HB 1843  By Shumate. An Act relating to elections; amending 26 O.S. 2001, Section 4-120 and 4-120.4, as amended by Section 7, Chapter 447, O.S.L. 2002 (26 O.S. Supp. 2004, Section 4-120.4), which relate to voter registration; modifying voting rights of felons; and providing an effective date.

HB 1844  By Shumate. An Act relating to the Oklahoma Public Employees Retirement System; amending 74 O.S. 2001, Section 902, as last amended by Section 2, Chapter 539, O.S.L. 2004 (74 O.S. Supp. 2004, Section 902), which relates to definitions; modifying provisions related to normal retirement date; providing an effective date; and declaring an emergency.

HB 1845  By Worthen. An Act relating to mental health; amending 43A O.S. 2001, Sections 1-103, as last amended by Section 2, Chapter 394, O.S.L. 2003, 1-104, 1-107, as last amended by Section 1, Chapter 113, O.S.L. 2004, 1-108, as amended by Section 2, Chapter 113, O.S.L. 2004, 1- 109, as last amended by Section 6, Chapter 168, O.S.L. 2004, Section 1, Chapter 187, O.S.L. 2003, as amended by Section 4, Chapter 113, O.S.L. 2004, 2-101, 2-202, as last amended by Section 7, Chapter 113, O.S.L. 2004, 2-207, 2-219, as amended by Section 7, Chapter 46, O.S.L. 2003, 2-220, as amended by Section 8, Chapter 46, O.S.L. 2003, 2-303, 3-103, 3-108 and 3-109 (43A O.S. Supp. 2004, Sections 1-103, 1-107, 1-108, 1-109, 1- 109.1, 2-202, 2-219 and 2-220), which relate to the Mental Health Law; updating language; deleting obsolete terms; amending 43A O.S. 2001, Section 3-316, which relates to the Unified Community Mental Health Services Act; updating language; amending 43A O.S. 2001, Sections 3-415, as amended by Section 24, Chapter 488, O.S.L. 2002, 3-416, 3-426, 3-428 and Section 12, Chapter 113, O.S.L. 2004 (43A O.S. Supp. 2004, Sections 3-415 and 3-453.1), which relate to the Oklahoma Alcohol and Drug Abuse Services Act; updating language; amending 43A O.S. 2001, Section 3-601, as last amended by Section 24, Chapter 46, O.S.L. 2003 (43A O.S. Supp. 2004, Section 3-601), which relates to narcotic treatment programs; updating language; amending Section 21, Chapter 3, O.S.L. 2002, as last amended by Section 27, Chapter 46, O.S.L. 2003 (43A O.S. Supp. 2004, Section 3-701a), which relates to inmates of correctional facilities; updating language; amending 43A O.S. 2001, Sections 4-102, 4-103.1, as amended by Section 14, Chapter 113, O.S.L. 2004, 4-104, 4-105, as amended by Section 29, Chapter 46, O.S.L. 2003, 4-106, as amended by Section 30, Chapter 46, O.S.L. 2003 and 4-108, as amended by Section 30, Chapter 488, O.S.L. Second Legislative Day, Monday, February 07, 2005 247

2002 (43A O.S. Supp. 2004, Sections 4-103.1, 4-105, 4-106 and 4-108), which relate to care and treatment of consumers; updating language; amending 43A O.S. 2001, Sections 4- 201, 4-203, as amended by Section 31, Chapter 46, O.S.L. 2003, 4-204, as amended by Section 32, Chapter 46, O.S.L. 2003, 4-205, as amended by Section 33, Chapter 46, O.S.L. 2003, and 4-206, as amended by Section 34, Chapter 46, O.S.L. 2003 (43A O.S. Supp. 2004, Sections 4-203, 4-204, 4-205 and 4-206), which relate to expenses of care and treatment; updating language; amending 43A O.S. 2001, Section 5-102, which relates to admission to facilities; updating language; amending 43A O.S. 2001, Sections 5-203 and 5- 204, which relate to rights of detained or confined persons; updating language; amending 43A O.S. 2001, Section 5-208, as last amended by Section 36, Chapter 46, O.S.L. 2003 (43A O.S. Supp. 2004, Section 5-208), which relates to emergency detention and protective custody; updating language; amending 43A O.S. 2001, Sections 5-302, 5-303, 5-304, as amended by Section 35, Chapter 488, O.S.L. 2002, 5-305, as amended by Section 36, Chapter 488, O.S.L. 2002, 5-306, as amended by Section 38, Chapter 46, O.S.L. 2003, 5- 307, 5-308, 5-309 and 5-310 (43A O.S. Supp. 2004, Sections 5-304, 5-305 and 5-306), which relate to the Mental Hospital Voluntary Admission Procedures Act; updating language; amending 43A O.S. 2001, Sections 5-415, as amended by Section 42, Chapter 488, O.S.L. 2002, and 5-416, as amended by Section 43, Chapter 488, O.S.L. 2002 (43A O.S. Supp. 2004, Sections 5-415 and 5-416), which relate to involuntary commitment procedure; updating language; amending 43A O.S. 2001, Section 5-501, as last amended by Section 1, Chapter 130, O.S.L. 2003 (43A O.S. Supp. 2004, Section 5-501), which relates to the Inpatient Mental Health Treatment of Children Act; updating language; amending 43A O.S. 2001, Sections 6-101, 6-102 and 6-104, which relate to the transfer and release of consumers; updating language; amending 43A O.S. 2001, Section 6-201, which relates to the Interstate Compact on Mental Health; updating language; amending 43A O.S. 2001, Sections 7-101, as amended by Section 39, Chapter 46, O.S.L. 2003, 7-102, as last amended by Section 40, Chapter 46, O.S.L. 2003, 7-103, 7-104, 7-105, 7-106, 7-107, 7-108 and 7- 112 (43A O.S. Supp. 2004, Sections 7-101 and 7-102), which relate to discharge and release of patients; updating language; amending 43A O.S. 2001, Sections 8-104, 8-105, 89-106, 8-107 and 8-108, which relate to private hospitals and institutions; updating language; amending 43A O.S. 2001, Sections 9-101, as amended by Section 47, Chapter 488, O.S.L. 2002, 9-102, as amended by Section 48, Chapter 488, O.S.L. 2002, and 9-103, as amended by Section 49, Chapter 488, O.S.L. 2002 (43A O.S. Supp. 2004, Sections 9- 101, 9-102 and 9-103), which relate to the commitment of alcohol- or drug-dependent persons; updating language; amending 43A O.S. 2001, Sections 11-105, 11-108 and 11- 110, which relate to the Advance Directives for Mental Health Treatment Act; updating language; repealing 43A O.S. 2001, Sections 3-104, which relates to certain petty cash fund; 4-109, which relates to transfer of certain patients, and 8-102, which relates to definitions; and declaring an emergency.

HB 1846  By Terrill. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1357, as last amended by Section 8, Chapter 535, O.S.L. 2004 (68 O.S. Supp. 2004, Section 1357), which relates to general sales tax exemptions; exempting sales of hearing aids from sales tax; providing exemption from sales tax for certain eligible food, beverages and nonprescription drugs and medicines; providing that sales tax exemption shall not apply to counties and municipalities without certain resolution or ordinance; amending 68 O.S. 2001, Sections 1370, as last amended by Section 1, Chapter 317, O.S.L. 2004, 1370.1, 248 House Journal

1370.2, 1370.2A, 1370.4, 1370.5, 1370.6, 1370.7, as amended by Section 2, Chapter 336, O.S.L. 2003, 1370.8, as amended by Section 2, Chapter 103, O.S.L. 2004 and 2701, as amended by Section 30, Chapter 413, O.S.L. 2003 (68 O.S. Supp. 2004, Sections 1370, 1370.7, 1370.8 and 2701), which relate to county and municipal sales tax; providing exception to certain exemption; authorizing certain action for exemption; providing for codification; providing an effective date; and declaring an emergency.

HB 1847  By Brannon. An Act relating to the Teachers’ Retirement System of Oklahoma; amending 70 O.S. 2001, Section 17-116.2, as last amended by Section 19, Chapter 536, O.S.L. 2004 (70 O.S. Supp. 2004, Section 17-116.2), which relates to computation of retirement benefits; providing for increase in retirement benefit multiplier based upon performance of service after normal retirement date; providing for applicability of multiplier to certain years of service; providing an effective date; and declaring an emergency.

HB 1848  By Steele. An Act relating to state government; amending 74 O.S. 2001, Section 1306, as last amended by Section 1, Chapter 405, O.S.L. 2004 (74 O.S. Supp. 2004, Section 1306), which relates to the State and Education Employees Group Insurance Act; requiring Board to offer certain health benefit plans; and providing an effective date.

HB 1849  By Steele. An Act relating to economic development; enacting the Oklahoma Quality Investment Act; stating legislative intent; defining terms; authorizing certain establishments to enter into Quality Investment agreements; specifying duration of agreement; specifying period for certain payments; stating method for computation of payments; authorizing certain analyses by or on behalf of Oklahoma Department of Commerce; imposing limitation upon investment payments; authorizing participation by certain political subdivisions; prescribing procedures for eligibility; prescribing requirements for eligible establishments; creating Quality Investment Payment Fund; providing for deposit of certain revenues; prescribing amount of revenues deposited; prescribing use of revenues; limiting liability based upon certain fund balance; prescribing procedures related to claims for investment payments; providing for reduction of payment amount based upon certain investment activity; imposing limitation upon time period for filing claim; requiring verification by Oklahoma Tax Commission; authorizing requests for additional information; providing for cessation of investment payments under certain circumstances; providing for applicability of provisions governing payments; imposing restriction related to additional incentive payments; providing for issuance of warrants; imposing restrictions related to eligibility for certain tax or other incentives based upon receipt of investment payments pursuant to Oklahoma Quality Investment Act; providing for promulgation of rules; prohibiting certain conduct related to claims and reports; authorizing punishment for criminal offenses; amending 25 O.S. 2001, Section 307, as amended by Section 1, Chapter 175, O.S.L. 2003 (25 O.S. Supp. 2004, Section 307), which relates to the Oklahoma Open Meeting Act; modifying provision related to executive sessions; modifying authority for sessions based upon efforts related to business location; authorizing executive sessions for the Quality Investment Committee; amending Sections 1, 3 and 5, Chapter 391, O.S.L. 2004 (68 O.S. Supp. 2004, Sections 4101, 4103 and 4105), which relate to the Oklahoma Quality Second Legislative Day, Monday, February 07, 2005 249

Investment Act; modifying short title; modifying references; providing for codification; providing an effective date; and declaring an emergency.

HB 1850  By Steele. An Act relating to The Governmental Tort Claims Act; amending 51 O.S. 2001, Section 152, as last amended by Section 19, Chapter 368, O.S.L. 2004 (51 O.S. Supp. 2004, Section 152), which relates to definitions; modifying definition; amending 51 O.S. 2001, Section 154, as amended by Section 2, Chapter 304, O.S.L. 2003 (51 O.S. Supp. 2004, Section 154), which relates to extent of liability; limiting liability for certain entities; and providing an effective date.

HB 1851  By Steele. An Act relating to hearing aids; amending 15 O.S. 2001, Section 764.1, which relates to the Oklahoma Consumer Protection Act; modifying cancellation fees allowed on returned hearing aids; amending 36 O. S. 2001, Section 6060.7, as amended by Section 1, Chapter 30, O.S.L. 2002 (36 O.S. Supp. 2004, Section 6060.7), which relates to insurance coverage for hearing aids; deleting age limitation on insurance coverage for hearing aids; amending 68 O.S 2001, Section 1357, as last amended by Section 8, Chapter 535, O.S.L. 2004 (68 O.S. Supp. 2004, Section 1357), which relates to general sales tax exemptions; exempting sales of hearing aids from sales tax; providing an effective date; and declaring an emergency.

HB 1852  By Steele. An Act relating to schools; amending 70 O.S. 2001, Section 509.6, which relates to negotiations between school employees and districts; providing for vote on a negotiated agreement; requiring a vote on the final offer made by a district prior to impasse; providing for next action if final offer is approved or disapproved; establishing certain voting guidelines for negotiated agreements or final offers; and declaring an emergency.

HB 1853  By Steele. An Act relating to public health and safety; amending Section 54, Chapter 197, O.S.L. 2003 (63 O.S. Supp. 2004, Section 1-105e), which relates to duties of the State Department of Health; clarifying language; and declaring an emergency.

HB 1854  By Steele. An Act relating to children; amending 10 O.S. 2001, Section 404, as amended by Section 2, Chapter 187, O.S.L. 2004 (10 O.S. Supp. 2004, Section 404), which relates to the Oklahoma Child Care Facilities Licensing Act; modifying advisory committee membership; and providing an effective date.

HB 1855  By Blackwell. An Act relating to schools; amending 70 O.S. 2001, Section 18-200.1, as last amended by Section 2, Chapter 533, O.S.L. 2004 (70 O.S. Supp. 2004, Section 18-200.1), which relates to the State Aid Formula; clarifying statutory language; providing an effective date; and declaring an emergency.

HB 1856  By Blackwell. 250 House Journal

An Act relating to energy; creating the Wind Power Research and Development Grant and Tax Credit Program; providing for noncodification; providing an effective date; and declaring an emergency.

HB 1857  By Blackwell. An Act relating to state government; amending 74 O.S. 2001, Section 5024, which relates to audits of the Oklahoma Department of Commerce; modifying provisions related to audit requirements; providing State Auditor and Inspector to perform audits of Department; providing an effective date; and declaring an emergency.

HB 1858  By Blackwell. An Act relating to the Oklahoma Public Employees Retirement System; providing for increase in benefits for retirees; providing increase applicable based upon certain receipt and continued receipt of benefits; providing for codification; providing an effective date; and declaring an emergency.

HB 1859  By Blackwell. An Act relating to public health and safety; creating the Rural Hospitals Relief Act; providing short title; stating legislative findings; providing for establishment and functions of locally designated health care districts; providing for certification of certain amounts to specified entity; requiring promulgation of rules and specifying contents; requiring submission of certain application; providing for codification; and providing an effective date.

HB 1860  By Blackwell. An Act relating to the Oklahoma Open Meeting Act; amending 25 O.S. 2001, Section 307.1, as last amended by Section 14, Chapter 5, O.S.L. 2004 (25 O.S. Supp. 2004, Section 307.1), which relates to teleconferences and videoconferences; expanding authorization for use of videoconferences; and providing an effective date.

HB 1861  By Blackwell. An Act relating to schools; amending 70 O.S. 2001, Section 9-104, as amended by Section 1, Chapter 533, O.S.L. 2004 (70 O.S. Supp. 2004, Section 9-104), which relates to school transportation equipment; modifying definitions; adding certain definitions; deleting certain requirement for auxiliary transportation equipment; requiring operators of certain vehicles to ensure passenger capacity and safety belt usage; and declaring an emergency.

HB 1862  By Blackwell. An Act relating to public finance; amending 62 O.S. 2001, Section 41.5e, as amended by Section 1, Chapter 128, O.S.L. 2004 (62 O.S. Supp. 2004, Section 41.5e), which relates to certain long-range plans for computer equipment and software; providing exception to certain requirements; providing an effective date; and declaring an emergency.

HB 1863  By Benge. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 1104, as amended by Section 1, Chapter 139, O.S.L. 2003 (47 O.S. Supp. 2004, Section 1104), which relates to apportionment of Oklahoma Vehicle License and Registration Act fees; modifying Second Legislative Day, Monday, February 07, 2005 251 apportionment of revenues to State Highway Construction and Maintenance Fund over three-year period; amending 68 O.S. 2001, Sections 500.6, as last amended by Section 8, Chapter 472, O.S.L. 2003 and 500.7 (68 O.S. Supp. 2004, Section 500.6), which relate to the Motor Fuel Tax Code; modifying the apportionment of the motor fuel tax on gasoline and diesel fuel; providing an effective date; and declaring an emergency.

HB 1864  By Staggs. An Act relating to teachers’ retirement; amending 68 O.S. 2001, Section 2352, as last amended by Section 67, Chapter 3, O.S.L. 2003 (68 O.S. Supp. 2004, Section 2352), which relates to distribution of income tax revenues; changing amounts paid to the Teachers’ Retirement System Dedicated Revenue Revolving Fund; providing an effective date; and declaring an emergency.

HB 1865  By McMullen. An Act relating to mineral interests; amending 60 O.S. 2001, Section 658.1, which relates to mineral interests subject to escheat; removing subjection of certain abandoned mineral interest to escheat; amending 60 O.S. 2001, Section 658.1A, which relates to mineral interests generating intangible personal property; modifying statutes applying to certain mineral interests; amending 84 O.S. 2001, Section 271, which relates to conditions of escheat; removing severed mineral interests from escheat to the state; repealing 84 O.S. 2001, Section 271.1, which relates to subjection of certain mineral interests to escheat; repealing 84 O.S. 2001, Section 274, as amended by Section 1, Chapter 29, O.S.L. 2003 (84 O.S. Supp. 2004, Section 274), which relates to summons and notification; and declaring an emergency.

HB 1866  By Wright. An Act relating to ethics; amending 21 O.S. 2001, Section 187.1, which relates to individual and family contributions; modifying contribution limits; amending Rule 257:10- 1-2 of the Rules of the Ethics Commission (74 O.S. Supp. 2004, Chapter 62, App.), which relates to campaign contribution limits; modifying contribution limits; and providing an effective date.

HB 1867  By Miller (Doug). An Act relating to state government; amending 74 O.S. 2001, Section 840-2.25, which relates to the Oklahoma Personnel Act; allowing certain state employees to take leave for certain purpose; limiting amount of such leave; requiring permission from appointing authority; defining term; and providing an effective date.

HB 1868  By Miller (Doug). An Act relating to the environment and natural resources; amending 27A O.S. 2001, Section 2-5-106, which relates to the Oklahoma Clean Air Act; clarifying language; and providing an effective date.

HB 1869  By Miller (Doug). An Act relating to professions and occupations; amending 59 O.S. 2001, Section 858- 356, which relates to transaction and single-party brokers; updating language; and providing an effective date. 252 House Journal

HB 1870  By Miller (Doug). An Act relating to roads, bridges and ferries; amending 69 O.S. 2001, Section 1723, which relates to turnpikes; updating language; and providing an effective date.

HB 1871  By Miller (Doug). An Act relating to motor vehicles; amending 47 O.S. 2001, Section 588, which relates to manufactured homes; updating language; and providing an effective date.

HB 1872  By Miller (Doug). An Act relating to revenue and taxation; creating the Oklahoma Conservation Income Tax Credit Act; providing for codification; and providing an effective date.

HB 1873  By Miller (Doug). An Act relating to courts; amending 20 O.S. 2001, Section 95.7, which relates to continuing authority of judge to whom case assigned; modifying language; and providing an effective date.

HB 1874  By Hickman. An Act relating to schools; amending 70 O.S. 2001, Section 5-141.2, which relates to incentive pay plans; clarifying statutory language; and providing an effective date.

HB 1875  By Hickman and Balkman. An Act relating to schools; requiring school districts to adopt a performance-enhancing drug policy; providing for certain disciplinary action for violation of policy; making the model policy the district policy in certain circumstances; directing the State Board of Education to adopt a model performance-enhancing drug policy; defining certain term; providing for codification; providing an effective date; and declaring an emergency.

HB 1876  By Hickman. An Act relating to schools; directing the State Board of Education to make and submit a report on special education services by a certain date; listing content of the report; providing for noncodification; and declaring an emergency.

HB 1877  By Hickman. An Act relating to Office of Juvenile Affairs; authorizing Office of Juvenile Affairs to enter into certain contracts; stating list of priority facilities; providing for identification and establishment of standards for contracted services; establishing requirements and procedures for certain files; providing procedures for notification and consideration; establishing contractual guidelines; requiring submission of certain report; authorizing establishment of transition team; providing time limitation and certain restrictions for contracts; establishing insurance requirements; providing for codification; and declaring an emergency.

HB 1878  By Morgan (Fred). An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 888, as amended by Section 9, Chapter 460, O.S.L. 2002 (21 O.S. Supp. 2004, Section 888), which relates to forcible sodomy; expanding scope of crime; prohibiting exhibition of certain Second Legislative Day, Monday, February 07, 2005 253 materials within motor vehicle if visible outside the motor vehicle; defining terms; providing penalty; amending 21 O.S. 2001, Section 1040.8, as amended by Section 1, Chapter 107, O.S.L. 2002 (21 O.S. Supp. 2004, Section 1040.8), which relates to publication, distribution, or preparation of obscene material or child pornography; modifying language; amending 21 O.S. 2001, Section 1111, as amended by Section 9, Chapter 22, O.S.L. 2002 (21 O.S. Supp. 2004, Section 1111), which relates to the crime of rape; modifying age limitation; providing for codification; and providing an effective date.

HB 1879  By Morgan (Fred). An Act relating to the Attorney General; amending 74 O.S. 2001, Section 18b, which relates to the duties of the Attorney General; clarifying language; and providing an effective date.

HB 1880  By Morgan (Fred). An Act relating to crimes and criminal procedure; amending 21 O.S. 2001, Section 852.1, which relates to child endangerment; expanding scope of what constitutes child endangerment; amending 22 O.S. 2001, Section 1054, which relates to appeals and transcripts; requiring that transcript of trial be provided to the family of a murder victim; amending 47 O.S. 2001, Section 10-104, which relates to the requirements in motor vehicle accidents resulting in injury or death; requiring driver in accident resulting in serious injury to submit to drug and alcohol testing; and providing an effective date.

HB 1881  By Morgan (Fred). An Act relating to the Oklahoma State Regents for Higher Education; making an appropriation; stating purpose; providing an effective date; and declaring an emergency.

HB 1882  By Morgan (Fred). An Act relating to prisons and reformatories; amending 57 O.S. 2001, Section 332.6, which relates to administration of oaths; modifying language; and providing an effective date.

HB 1883  By Morgan (Fred). An Act relating to marriage and family; amending 43 O.S. 2001, Section 109.1, which relates to divorce and alimony; updating language; and providing an effective date.

HB 1884  By Morgan (Fred). An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 1686, which relates to abandoned animals; modifying language; and providing an effective date.

HB 1885  By Morgan (Fred). An Act relating to bail bondsmen; amending 59 O.S. 2001, Section 1323, which relates to cash bonds; modifying language; and providing an effective date.

HB 1886  By Morgan (Fred). An Act relating to motor vehicles; amending 47 O.S. 2001, Section 11-906.1, which relates to Drunk Driving Prevention Act; modifying language; and providing an effective date. 254 House Journal

HB 1887  By Morgan (Fred). An Act relating to public finance; amending 62 O.S. 2001, Section 695.23, as amended by Section 1, Chapter 380, O.S.L. 2004 (62 O.S. Supp. 2004, Section 695.23), which relates to the Oklahoma Private Activity Bond Allocation Act; modifying definition; and providing an effective date.

HB 1888  By Morgan (Fred). An Act relating to insurance; creating the Certified Workplace Medical Plan of 2005; providing for noncodification; and providing an effective date.

HB 1889  By Morgan (Fred). An Act relating to courts; amending 20 O.S. 2001, Section 1505, which relates to certified shorthand reporters; clarifying language; and providing an effective date.

HB 1890  By Morgan (Fred). An Act relating to workers’ compensation; amending 85 O.S. 2001, Section 1, which relates to the Workers’ Compensation Act; clarifying language; and providing an effective date.

HB 1891  By Morgan (Fred). An Act relating to civil procedure; amending 12 O.S. 2001, Section 682, which relates to dismissal of petition; modifying language; and providing an effective date.

HB 1892  By Morgan (Fred). An Act relating to prisons and reformatories; amending 57 O.S. 2001, Section 332.8, which relates to conditions for parole; clarifying language; and providing an effective date.

HB 1893  By Morgan (Fred). An Act relating to civil procedure; amending 12 O.S. 2001, Section 1, which relates to the Code of Civil Procedure; clarifying language; and providing an effective date.

HB 1894  By Morgan (Fred). An Act relating to civil procedure; amending 12 O.S. 2001, Section 2023, which relates to class actions; clarifying language; and providing an effective date.

HB 1895  By Morgan (Fred). An Act relating to arbitration; creating the Uniform Arbitration Act of 2005; providing short title; providing for codification; and providing an effective date.

HB 1896  By Morgan (Fred). An Act relating to product liability; enacting the Product Liability Act of 2005; providing for noncodification; and providing an effective date.

HB 1897  By Morgan (Fred). An Act relating to civil procedure; amending 12 O.S. 2001, Section 2802, as amended by Section 58, Chapter 468, O.S.L. 2002 (12 O.S. Supp. 2004, Section 2802), which relates to hearsay; clarifying language; and providing an effective date. Second Legislative Day, Monday, February 07, 2005 255

HB 1898  By Billy. An Act relating to state government; creating the Office of Tribal Relations; providing for noncodification; and providing an effective date.

HB 1899  By Pruett. An Act relating to the Oklahoma Public Employees Retirement System; amending 74 O.S. 2001, Sections 902, as last amended by Section 2, Chapter 539 O.S.L. 2004, 915, as last amended by Section 24, Chapter 536, O.S.L. 2004, 916.3, as amended by Section 4, Chapter 539, O.S.L. 2004 and 919.1, as last amended by Section 5, Chapter 539, O.S.L. 2004 (74 O.S. Supp. 2004, Sections 902, 915, 916.3 and 919.1), which relate to retirement benefits for certain members of the System; modifying definitions; modifying certain references; prescribing retirement benefit formula for certain members of the retirement system; modifying provisions related to pensions payable in event of death; providing for employee contributions amounts for certain members of the retirement system; providing an effective date; and declaring an emergency.

HB 1900  By Jones. An Act relating to schools; directing the State Board of Education to establish a School District Level Student Data Tracking System Pilot Program; stating purpose of the Pilot Program; stating objectives of the Pilot Program; providing for selection of school districts for the Pilot Program; providing for codification; providing an effective date; and declaring an emergency.

HB 1901  By Askins. An Act relating to waters and water rights; amending 11 O.S. 2001, Section 37-103, which relates to municipal water rights; providing for certain exemptions; amending 82 O.S. 2001, Sections 105.2, 105.13, 105.16 and 105.17, which relate to stream water use; providing certain exemptions for certain entities; exempting certain entities from certain permits; amending 82 O.S. 2001, Section 1085.2, as amended by Section 1, Chapter 95, O.S.L. 2004 (82 O.S. Supp. 2004, Section 1085.2), which relates to authority of Oklahoma Water Resources Board; restricting authority; amending 60 O.S. 2001, Section 60, which relates to ownership of water; providing for certain rights of certain entities; and providing an effective date.

HB 1902  By Hastings. An Act relating to ethics; amending Rule 257:10-1-20 of the Rules of the Ethics Commission (74 O.S. Supp. 2004, Chapter 62, App.), which relates to campaign contributions; restricting use of campaign contributions and surplus funds by certain persons; and providing an effective date.

HB 1903  By Hastings. An Act relating to intoxicating liquors; amending 37 O.S. 2001, Section 521, as last amended by Section 1, Chapter 72, O.S.L. 2004 (37 O.S. Supp. 2004, Section 521), which relates to licenses authorized by the Oklahoma Alcoholic Beverage Control Act; modifying certain license; changing name of license from charitable auction license to charitable wine event license; modifying acts authorized by the license; modifying authorized manner of 256 House Journal receipt of wine; expanding period for license; eliminating amount restrictions; eliminating registration and tax requirements; and providing an effective date.

HB 1904  By Toure. An Act relating to criminal procedure; defining terms; prohibiting execution of mentally retarded persons if onset of mental retardation was manifested before a certain age; placing burden of production and persuasion; establishing procedures to be followed; providing for an evidentiary hearing; providing for submission of special issue to the jury; providing procedure to be followed by the jury; providing for appeals; requiring appropriate jury instructions; providing for codification; providing an effective date; and declaring an emergency.

HB 1905  By Toure. An Act relating to consumer credit; amending 14A O.S. 2001, Section 1-301, as amended by Section 7, Chapter 330, O.S.L. 2003 (14A O.S. Supp. 2004, Section 1-301), which relates to consumer loans; modifying definition of subsection 10 mortgages; and providing an effective date.

HB 1906  By Toure. An Act relating to public health and safety; amending 63 O.S. 2001, Section 1-556, as amended by Section 3, Chapter 219, O.S.L. 2004, (63 O.S. Supp. 2004, Section 1-556), which relates to the Oklahoma Breast and Cervical Cancer Prevention and Treatment Advisory Committee; modifying purposes; and providing an effective date.

HB 1907  By Toure. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 850, which relates to malicious intimidation or harassment; expanding scope of crime; modifying penalty; and providing an effective date.

HB 1908  By Toure. An Act relating to marriage and family; amending 43 O.S. 2001, Sections 112, as last amended by Section 22, Chapter 3, O.S.L. 2003 and 118, as last amended by Section 3, Chapter 393, O.S.L. 2004 (43 O.S. Supp. 2004, Sections 112 and 118), which relate to divorce and alimony; modifying age requirement for persons entitled to child support under certain circumstances; adding child care subsidy as a reason for naming the Department of Human Services a necessary party to a certain action; providing for notice; providing requirements; allowing for calculation of child support in cases of joint custody; and providing an effective date.

HB 1909  By Toure. An Act relating to roads, bridges and ferries; amending 69 O.S. 2001, Section 601.5, which relates to county road system; authorizing the board of county commissioners to maintain certain roads; and providing an effective date.

HB 1910  By Peters. An Act relating to public utilities; allowing electric utilities to adjust rates for certain transmission costs incurred as a result of regulatory action; requiring submission of a report Second Legislative Day, Monday, February 07, 2005 257 to the Corporation Commission; allowing the Commission to adjust changes and impose remedies; allowing electric utilities to file applications requesting authorization for certain capital expenditures; providing for adjustment in rates upon approval of application; requiring a report to the Commission; allowing the Commission to adjust rates and impose remedies; allowing electric utilities to file applications requesting construction or purchase of electric generation facilities; providing for inclusion of costs in rates; authorizing the Commission to determine maximum costs; providing for codification; and declaring an emergency.

HB 1911  By Peters of the House and Crain of the Senate. An Act relating to cities and towns; amending 11 O.S. 2001, Section 44-104, which relates to board of adjustment; requiring appeals of certain decisions to district courts; providing an effective date; and declaring an emergency.

HB 1912  By Peters. An Act relating to Agriculture; amending 2 O.S. Sections 10-9.7, which relates to Oklahoma Registered Poultry Feeding Operations Act; modifying requirement of certain plans; amending 2 O.S. 2001, Section 10-9.19, which relates to Oklahoma Poultry Waste Applicators Certification Act; modifying land application of poultry waste; and providing an effective date.

HB 1913  By Peters. An Act relating to oil and gas; amending 52 O.S. 2001, Sections 703, as amended by Section 1, Chapter 382, O.S.L. 2002 and 705 (52 O.S. Supp. 2004, Section 703), which relate to the Commission on Marginally Producing Oil and Gas Wells; changing calculation of the fee levied by the Commission; allowing the Commission to adjust the fee as needed; limiting amount of increase of the fee; requiring the Commission to review and establish fee on annual basis; and providing an effective date.

HB 1914  By Blackburn. An Act relating to waters and water rights; creating the Oklahoma Water Resources Location Act; providing short title; directing preparation of supplement to the second decennial update of the Oklahoma Comprehensive Water Plan; specifying requirements for plan; providing for certain updates; providing for distribution; providing for codification; and declaring an emergency.

HB 1915  By Blackburn. An Act relating to intoxicating liquors; amending 37 O.S. 2001, Section 163.27, which relates to location of low-point beer licensee for on-premises consumption; modifying language; and providing an effective date.

HB 1916  By Blackburn. An Act relating to public retirement systems; enacting the Teacher Retirement Benefit Adjustment Act of 2005; providing for noncodification; providing an effective date; and declaring an emergency.

HB 1917  By Blackburn. 258 House Journal

An Act relating to contracts; amending 15 O.S. 2001, Section 754, which relates to the Oklahoma Consumer Protection Act; adding certain exemption; providing for jurisdiction in certain actions; allowing administrative investigations and hearings by certain regulatory body; authorizing certain regulatory body to impose certain remedies; providing for codification; and providing an effective date.

HB 1918  By Blackburn. An Act relating to the Oklahoma Historical Society; making appropriations; stating purpose; making certain appropriations nonfiscal; requiring and providing for budgeting; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

HB 1919  By Dorman. An Act relating to prisons and reformatories; establishing the Division of Volunteers within the Department of Corrections; stating purpose of division; providing personnel necessary for the division; providing for the appointment of Volunteer Coordinator by Governor; stating term of appointment; providing for the adoption of necessary procedures; providing for appointment of Volunteer Coordinator; stating qualifications, duties, and responsibilities of the Volunteer Coordinator; creating Division of Volunteers Revolving Fund; stating purpose of revolving fund; requiring approval for expenditures; requiring audit; providing reimbursement for audit expenses; providing for codification; and providing an effective date.

HB 1920  By Dorman. An Act relating to roads, bridges and ferries; amending 69 O.S. 2001, Section 1208, which relates to right-of-way; updating language; and providing an effective date.

HB 1921  By Dorman. An Act relating to workers’ compensation; amending 85 O.S. 2001, Section 14, as amended by Section 1, Chapter 215, O.S.L. 2002 (85 O.S. Supp. 2004, Section 14), which relates to the Workers’ Compensation Act; modifying requirement for acceptance of certain testimony; and providing an effective date.

HB 1922  By Dorman. An Act relating to revenue and taxation; authorizing income tax credit for certain employer expenses; providing for credit based upon voluntary employment terminations related to military duty of spouses; defining terms; requiring statement by terminated employee; authorizing forms; authorizing carryover of credit amounts; providing for codification; and providing an effective date.

HB 1923  By Dorman. An Act relating to children; amending 10 O.S. 2001, Section 3, which relates to paternity; modifying language; and providing an effective date.

HB 1924  By Dorman. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 12-201, as amended by Section 21, Chapter 411, O.S.L. 2003 (47 O.S. Supp. 2004, Section 12-201), Second Legislative Day, Monday, February 07, 2005 259 which relates to equipment on vehicles; modifying requirement for lighted lamps on certain vehicles; providing an exception; and providing an effective date.

HB 1925  By Dorman. An Act relating to the Physician Manpower Training Commission; establishing the Physician Assistant Scholarship Program; stating purpose of the act; providing eligibility criteria; providing for repayment of funds under certain conditions; creating fund and providing procedures; providing for codification; providing an effective date; and declaring an emergency.

HB 1926  By Dorman. An Act relating to counties and county officers; requiring certain proceeds of emergency medical service districts to be used for specific purposes; providing for ownership or contracting of certain ambulance services; providing for retention of revenues for administrative expenses; providing for codification; and providing an effective date.

HB 1927  By Dorman. An Act relating to state government; amending 74 O.S. 2001, Section 78, as amended by Section 1, Chapter 511, O.S.L. 2004 (74 O.S. Supp. 2004, Section 78), which relates to the Fleet Management Division of the Department of Central Services; clarifying language; and providing an effective date.

HB 1928  By Dorman. An Act relating to schools; amending 70 O.S. 2001, Section 3-104.4, which relates to standards for accreditation; requiring standards of accreditation for the provision of school nurses; establishing certain school nurse to student ratios; providing an effective date; and declaring an emergency.

HB 1929  By Dorman. An Act relating to workers’ compensation; making certain records exempt from disclosure under the Open Records Act under certain circumstances; amending 85 O.S. 2001, Section 24.1, which relates to employer’s record of injuries; making certain records confidential under certain circumstances; providing for codification; and providing an effective date.

HB 1930  By Dorman. An Act relating to game and fish; amending 29 O.S. 2001, Section 3-309, which relates to retention of firearm by warden upon retirement; clarifying statutory language; and providing an effective date.

HB 1931  By Dorman. An Act relating to healing arts; amending 59 O.S. 2001, Section 725.2, as amended by Section 5, Chapter 543, O.S.L. 2004 (59 O.S. Supp. 2004, Section 725.2), which relates to uses of certain designations; restricting use of certain terms; and providing an effective date.

HB 1932  By Dorman. 260 House Journal

An Act relating to insurance; creating the Oklahoma Health Insurance Act of 2005; providing for noncodification; and providing an effective date.

HB 1933  By Dorman. An Act relating to crimes and punishments; prohibiting the exhibit of certain materials in vehicles; defining terms; providing penalty; providing for codification; and providing an effective date.

HB 1934  By Dorman. An Act relating to intoxicating liquors; amending 37 O.S. 2001, Section 522, which relates to publication of notice of intent to apply for license; modifying language; and providing an effective date.

HB 1935  By Dorman. An Act relating to schools; amending 70 O.S. 2001, Section 14-108, as last amended by Section 1, Chapter 50, O.S.L. 2003 (70 O.S. Supp. 2004, Section 14-108), which relates to technology center school districts; clarifying statutory language; providing an effective date; and declaring an emergency.

HB 1936  By Morrissette. An Act relating to wages; amending 40 O.S. 2001, Section 197.16, which relates to minimum wage; increasing amount of certain credit; allowing certain tax credit; providing value of credit based upon certain conditions; allowing taxpayers to claim the credit under certain circumstances; stating limitations of the credit; authorizing development of forms; providing for codification; and providing an effective date.

HB 1937  By Morrissette. An Act relating to neighborhoods; enacting the Neighborhood Bill of Rights Act; providing for noncodification; and providing an effective date.

HB 1938  By Morrissette. An Act relating to insurance; creating the Oklahoma Life Insurance Registry; requiring database to contain certain information; limiting accessibility of database to certain persons; allowing for charge of fee; defining term; providing for promulgation of rules; providing for codification; and providing an effective date.

HB 1939  By Braddock. An Act relating to cities and towns; amending 11 O.S. 2001, Section 41-113, which relates to buildings, zoning and planning; updating language; and providing an effective date.

HB 1940  By Shelton. An Act relating to education; amending Section 14, Chapter 58, O.S.L. 2003 (3A O.S. Supp. 2004, Section 713), which relates to the Oklahoma Education Lottery Trust Fund; modifying distribution of monies in the Oklahoma Education Lottery Trust Fund; amending 70 O.S. 2001, Section 3-104.4, which relates to standards for accreditation; requiring certain counselor to student ratio; providing an effective date; and declaring an emergency. Second Legislative Day, Monday, February 07, 2005 261

HB 1941  By Shelton. An Act relating to state government; amending 74 O.S. 2001, Section 1316.2, as last amended by Section 5, Chapter 345, O.S.L. 2004 (74 O.S. Supp. 2004, Section 1316.2), which relates to health coverage for retired persons; increasing certain insurance benefit paid by retirement system; providing benefit increase for certain persons; limiting use of certain benefit; providing for direction of payments; providing an effective date; and declaring an emergency.

HB 1942  By Shelton. An Act relating to education; amending Section 14, Chapter 58, O.S.L. 2003 (3A O.S. Supp. 2004, Section 713), which relates to the Oklahoma Education Lottery Trust Fund; modifying distribution of monies in the Oklahoma Education Lottery Trust Fund; creating the Teacher Incentive Pay Program; directing the State Board of Education to select teachers for participation in Program; listing criteria for selection; providing for a salary increase bonus for teachers participating in the Program; prohibiting inclusion of salary increase bonus in certain calculations; directing the Board to promulgate rules; creating the Teacher Recruitment Incentive Program; stating legislative intent to establish the Program for certain students; authorizing the Oklahoma State Regents for Higher Education to make certain payments; establishing payment limits and conditions; providing for the execution of contracts; allowing contracts for the administration of Program; providing for reduction in payments in certain cases; creating the School Supply Fund Program; providing for codification; providing an effective date; and declaring an emergency.

HB 1943  By Shelton. An Act relating to schools; amending 70 O.S. 2001, Section 3-132, which relates to the Oklahoma Charter School Act; limiting the number of charter schools per applicant; creating the Charter School Oversight Board; stating duties of the Board; providing for membership; providing for appointments, officers, meetings, travel reimbursement, and staffing; amending 70 O.S. 2001, Section 1210.508D, which relates to the Reading Sufficiency Act; requiring certain teachers to attend certain elementary reading professional development institute; providing for codification; providing an effective date; and declaring an emergency.

HB 1944  By Shelton. An Act relating to prisons and reformatories; amending 57 O.S. 2001, Section 563, as last amended by Section 2, Chapter 465, O.S.L. 2002 (57 O.S. Supp. 2004, Section 563), which relates to correctional facilities; prohibiting location and establishment of inmate transitional living centers within certain areas; specifying number of residents; requiring written authorization prior to establishment; providing an exemption; and providing an effective date.

HB 1945  By Shelton. An Act relating to poor persons; amending 56 O.S. 2001, Section 33, which relates to county support of indigent persons; providing exception for certain persons; and providing an effective date.

HB 1946  By Shelton. 262 House Journal

An Act relating to amusements and sports; amending Section 34, Chapter 58, O.S.L. 2003 (3A O.S. Supp. 2004, Section 733), which relates to duties of the Oklahoma Lottery Commission; requiring the Oklahoma Lottery Commission to annually publish certain information in certain newspapers of the state; and providing an effective date.

HB 1947  By Shelton. An Act relating to the Oklahoma Central Purchasing Act; amending 74 O.S. 2001, Section 85.7, as last amended by Section 2, Chapter 309, O.S.L. 2004 (74 O.S. Supp. 2004, Section 85.7), which relates to competitive bid procedures; modifying limitation on the value of certain contracts; and providing an effective date.

HB 1948  By Shelton. An Act relating to prisons and reformatories; requiring physical examination and health assessment of inmate prior to release; providing for rule promulgation; providing for codification; and providing an effective date.

HB 1949  By Shelton. An Act relating to schools; creating the Teacher Aid Tuition Wavier Program Act; providing for noncodification; and providing an effective date.

HB 1950  By Shelton. An Act relating to schools; amending 70 O.S. 2001, Section 6-204.1, as amended by Section 22, Chapter 434, O.S.L. 2003 (70 O.S. Supp. 2004, Section 6-204.1), which relates to the Education Leadership Oklahoma Act; clarifying statutory language; and providing an effective date.

HB 1951  By Shelton. An Act relating to schools; creating the School Finance Task Force; providing for noncodification; and providing an effective date.

HB 1952  By Shelton. An Act relating to schools; creating the Task Force on School Finance; providing for noncodification; and providing an effective date.

HB 1953  By Shelton. An Act relating to public finance; enacting the Oklahoma Local Development and Tax Increment Finance Amendments Act of 2005; providing for noncodification; and providing an effective date.

HB 1954  By Shelton. An Act relating to children; creating the SoonerStart Program; providing for noncodification; and providing and effective date.

HB 1955  By Shelton. An Act relating to schools; amending 70 O.S. 2001, Section 18-109.5, which relates to definitions of State Aid funding weights; clarifying statutory language; and providing an effective date. Second Legislative Day, Monday, February 07, 2005 263

HB 1956  By Shelton. An Act relating to schools; amending 70 O.S. 2001, Section 6-105, which relates to substitute teachers; clarifying statutory language; and providing an effective date.

HB 1957  By Shelton. An Act relating to schools; amending 70 O.S. 2001, Section 3-116, as last amended by Section 29, Chapter 434, O.S.L. 2003 (70 O.S. Supp. 2004, Section 3-116), which relates to the Education Oversight Board; updating statutory language; and providing an effective date.

HB 1958  By Shelton. An Act relating to schools; amending 70 O.S. 2001, Section 13-105, which relates to qualifications of special education teachers and support personnel; clarifying statutory language; and providing an effective date.

HB 1959  By Shelton. An Act relating to schools; amending 70 O.S. 2001, Section 3-141, which relates to the Oklahoma Charter Schools Act; updating statutory citation; and providing an effective date.

HB 1960  By Liotta. An Act relating to bridge maintenance and repair bonds; amending 47 O.S. 2001, Section 1104, as last amended by Section 1, Chapter 139, O.S.L. 2003 (47 O.S. Supp. 2004, Section 1104), which relates to apportionment of certain revenues; providing for payment of principal and interest of certain obligations authorized by certain provisions of the Oklahoma Constitution; providing for apportionment to Oklahoma Bridge Maintenance Trust Fund for debt service; providing for apportionment to Oklahoma Bridge Maintenance Trust Fund after payment of debt service; and providing an effective date.

HB 1961  By Liotta. An Act relating to insurance; amending 36 O.S. 2001, Section 1250.2, as last amended by Section 7, Chapter 274, O.S.L. 2004 (36 O.S. Supp. 2004, Section 1250.2), which relates to the Unfair Claims Settlement Practices Act; modifying definition to include certain insurer; deleting obsolete language; and providing an effective date.

HB 1962  By Liotta. An Act relating to elections; amending 26 O.S. 2001, Section 5-105, as amended by Section 7, Chapter 53, O.S.L. 2004 (26 O.S. Supp. 2004, Section 5-105), which relates to requirements for filing as a candidate for office; expanding scope of requirement to include candidates for federal office; requiring voting machines to have certain capabilities; amending Section 9, Chapter 485, O.S.L. 2003, as amended by Section 21, Chapter 545, O.S.L. 2004 (26 O.S. Supp 2004, Section 14-104.1), which relates to absentee ballots; expanding scope of provisions relating to uniformed and overseas voters; providing for codification; and declaring an emergency.

HB 1963  By Steele. An Act relating to public health and safety; creating Long-term Care Security Act; providing short title; defining terms; providing for Department of Corrections to provide 264 House Journal certain notifications; requiring State Department of Health to promulgate certain rules; providing for removal of certain persons from long-term care facilities; providing for specialized facility for sexual offenders or sexual predators; requiring Department of Corrections to provide certain notice and certain placement; requiring State Department of Health to perform certain background checks; prohibiting employment of certain persons; requiring State Long-Term Care Ombudsman to perform certain background checks; prohibiting employment of certain persons; requiring certain recommendations from the State Long-Term Care Advisory Board; requiring ombudspersons to perform certain actions; requiring certain documentation and reports; providing for codification; and declaring an emergency.

HB 1964  By Blackburn. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2357.41, as amended by Section 2, Chapter 186, O.S.L. 2003 (68 O.S. Supp. 2004, Section 2357.41), which relates to a tax credit for qualified rehabilitation expenditures; updating language; and providing an effective date.

HB 1965  By Brannon. An Act relating to the Department of Human Services; making appropriation; providing for expenditure of funds for out-of-home care; providing for noncodification; and declaring an emergency.

HB 1966  By Duncan. An Act relating to public lands; authorizing the Commissioners of the Land Office to lease certain lands to nonprofit organizations at a certain rate; providing for codification; and declaring an emergency.

HB 1967  By Perry. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 14-116, as amended by Section 25, Chapter 397, O.S.L. 2003 (47 O.S. Supp. 2004, Section 14-116), which relates to size, weight and load of vehicles; modifying certain fund as the recipient of permit fee proceeds; authorizing certain use of proceeds; providing an effective date; and declaring an emergency.

HB 1968  By Perry. An Act relating to transportation; enacting the Transportation Improvement Act of 2005; providing for noncodification; and providing an effective date.

HB 1969  By Perry. An Act relating to roads, bridges and ferries; amending 69 O.S. 2001, Sections 1701, as amended by Section 1, Chapter 206, O.S.L. 2003, 1703, 1704, as amended by Section 1, Chapter 304, O.S.L. 2004, 1705, as last amended by Section 1, Chapter 90, O.S.L. 2004, 1706, as amended by Section 3, Chapter 419, O.S.L. 2004 and Section 2, Chapter 206, O.S.L. 2003 (69 O.S. Supp. 2004, Sections 1701, 1704, 1705, 1706 and 1717.1), which relate to turnpikes; modifying the name of the Oklahoma Transportation Authority; deleting certain provisions relating to the reference of the name of the authority; and providing an effective date. Second Legislative Day, Monday, February 07, 2005 265

HB 1970  By Perry. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 1190, which relates to hazing; modifying penalties; and providing an effective date.

HB 1971  By Perry. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 1024.2, which relates to purchase, procurement, or possession of child pornography; modifying penalty; prohibiting deferred sentence under certain circumstances; amending Section 1, Chapter 98, O.S.L. 2003 (21 O.S. Supp. 2004, Section 1959), which relates to Computer Crimes Act; expanding scope of computer crime investigations; modifying subpoena procedure; and providing an effective date.

HB 1972  By Perry. An Act relating to professions and occupations; enacting the Oklahoma Professional Geologists Practices Act; providing definitions; providing exemptions from the Oklahoma Professional Geologists Practices Act; providing limitation of applicability; providing use of certain designation; prohibiting certain conduct; creating certain board; providing powers and duties of the board; specifying membership of the board; providing for appointment process; providing term requirements; providing qualifications; providing for reimbursement; providing method for filling vacancies; providing meeting requirements; specifying requirements for registration; specifying requirements for geologist-in-training; providing for fees; providing for examination; authorizing issuance of license and seal; providing requirements for certain entities practicing in the area of geology; providing for reciprocity; authorizing certain disciplinary actions; specifying certain conduct as violations; providing penalty; providing for codification; and providing an effective date.

HB 1973  By Perry. An Act relating to state government; amending 74 O.S. 2001, Section 324.11a, which relates to the State Fire Marshal; providing certain exception for type of smoke detection system; and providing an effective date.

HB 1974  By Perry. An Act relating to roads, bridges and ferries; enacting the Signage Reform Act of 2005; providing requirements for the naming of certain transportation structures; providing for codification; providing an effective date; and declaring an emergency.

HB 1975  By Perry. An Act relating to motor vehicles; amending Sections 12 and 14, Chapter 504, O.S.L. 2004 (47 O.S. Supp. 2004, Sections 1135.3 and 1135.5), which relate to special license plates; allowing for personalization of certain special license plates; modifying design of certain plates; and providing an effective date.

HB 1976  By Perry. An Act relating to children; amending 10 O.S. 2001, Section 7505-1.4, which relates to adoption proceedings; updating language; and providing an effective date.

HB 1977  By Perry. 266 House Journal

An Act relating to insurance; amending 36 O.S. 2001, Section 103, which relates to the Oklahoma Insurance Code; clarifying language; and providing an effective date.

HB 1978  By Perry. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1352, as last amended by Section 64, Chapter 5, O.S.L. 2004 (70 O.S. Supp. 2004, Section 1352), which relates to definitions in the Oklahoma Sales Tax Code; clarifying statutory language; providing an effective date; and declaring an emergency.

HB 1979  By Perry. An Act relating to roads, bridges and ferries; amending 69 O.S. 2001, Section 505, which relates to the state highway system; updating language; and providing an effective date.

HB 1980  By Perry. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 1953, as amended by Section 2, Chapter 97, O.S.L. 2002 (21 O.S. Supp. 2004, Section 1953), which relates to prohibited acts of Oklahoma Computer Crimes Act; modifying language; and providing an effective date.

HB 1981  By Perry. An Act relating to state government; amending 74 O.S. 2001, Section 227.26, which relates to the Oklahoma Abstractors Law; updating language; and providing an effective date.

HB 1982  By Perry. An Act relating to roads, bridges and ferries; amending 69 O.S. 2001, Section 1705.1, which relates to turnpikes; updating language; and providing an effective date.

HB 1983  By Wesselhoft and Trebilcock. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 2-122.2, which relates to employee performance recognition program; providing for expenditure of funds for certain awards and commemorative items; and providing an effective date.

HB 1984  By Wright. An Act relating to telecommunications; amending 17 O.S. 2001, Section 139.102, as amended by Section 2, Chapter 80, O.S.L. 2002 (17 O.S. Supp. 2004, Section 139.102), which relates to the Oklahoma Telecommunications Act of 1997; clarifying statutory language; and providing an effective date.

HB 1985  By Ingmire. An Act relating to crimes and punishments; creating the Identity Theft Protection Act; authorizing preparation and filing of identity theft incident report; directing copy of report be provided to victim; allowing report to be shared with other jurisdictions; defining term; providing certain exception for identity theft incident reports; prohibiting certain acts by persons or entities; providing an exception; providing penalty; authorizing filing of civil suit; defining terms; requiring businesses to use reasonable measures to protect certain Second Legislative Day, Monday, February 07, 2005 267 information; stating reasonable measures; requiring written policy for destruction or disposal of records; providing penalty; authoring filing of civil suit; providing severability clause; providing for codification; providing for noncodification; and providing an effective date.

HB 1986  By Ingmire. An Act relating to contracts; enacting the Gift Certificate Disclosure Act; prohibiting the sale of certain certificates; providing exceptions; allowing multiple contributors for a gift certificate under certain circumstances; specifying applicability to certain certificates; declaring value of certificates held in trust by issuer; requiring certificates be honored for value regardless of issuer bankruptcy; providing certain limitations of the Gift Certificate Disclosure Act; prohibiting waiver; providing for codification; and providing an effective date.

HB 1987  By Ingmire. An Act relating to motor vehicles; amending 47 O.S. 2001, Section 12-609, as last amended by Section 85, Chapter 411, O.S.L. 2003 (47 O.S. Supp. 2004, Section 12-609), which relates to required equipment for motorcycles; modifying age requirement for crash helmets; and providing an effective date.

HB 1988  By Ingmire. An Act relating to cities and towns; amending 11 O.S. 2001, Section 47-124, which relates to judicial review for actions of city planning for certain cities; updating language; and providing an effective date.

HB 1989  By Ingmire. An Act relating to cities and towns; amending 11 O.S. 2001, Section 22-110, which relates to general powers of municipalities; and providing an effective date.

HB 1990  By Ingmire. An Act relating to cities and towns; amending 11 O.S. 2001, Section 17-108, which relates to municipal finances; updating language; and providing an effective date.

HB 1991  By Ingmire. An Act relating to higher education; amending 70 O.S. 2001, Section 3218.13, which relates to waiver of nonresident tuition for teaching and research assistants; clarifying statutory language; and providing an effective date.

HB 1992  By Jones. An Act relating to schools; directing the State Board of Education to develop an Academic Achievement Award Program; providing for types of awards; stating criteria for awards; providing for incentive awards to certified employees; stating amounts of incentive awards; establishing groups based on average daily membership; directing the Board to promulgate rules; repealing 70 O.S. 2001, Section 3-152, as amended by Section 20, Chapter 434, O.S.L. 2003 (70 O.S. Supp. 2004, Section 3-152), which relates to the Academic Performance Award Program; providing for codification; providing an effective date; and declaring an emergency. 268 House Journal

HB 1993  By Jackson. An Act relating to public safety; amending 47 O.S. 2001, Section 7-602.1, which relates to possession of security verification form while operating a vehicle; modifying language; and providing an effective date.

HB 1994  By Jackson. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 101, which relates to the Oklahoma Tax Code; clarifying language; and providing an effective date.

HB 1995  By Jackson. An Act relating to water and water rights; amending 82 O.S. 2001, Section 531, which relates to the Conservancy Act of Oklahoma; clarifying language; and providing an effective date.

HB 1996  By Young. An Act relating to public retirement systems; requiring the Board of Trustees of the Teachers’ Retirement System of Oklahoma to establish and implement a defined contribution retirement plan; setting date for implementation; requiring employees hired after certain date to participate in the defined contribution retirement plan; providing for election to transfer for defined benefit retirement plan members; setting date for transfer; providing for transfer of employee contributions; providing for treatment of years of participation; canceling certain credit in the defined benefit retirement plan; providing for disability, death and certain health-related retirement benefits for members of the defined contribution retirement plan; requiring eligibility; providing benefits in the same manner as those of defined benefit retirement members; providing for immediate vesting for certain members; clarifying maximum contribution levels for defined contribution retirement plan members; specifying contributions; providing for contracts with financial service providers; providing for options upon retirement; amending Section 14, Chapter 58, O.S.L. 2004 (3A O.S. Supp. 2004, Section 713), which relates to the Oklahoma Education Lottery Act; modifying apportionments; increasing apportionment to Teachers’ Retirement System Dedicated Revenue Revolving Fund; providing for codification; providing an effective date; and declaring an emergency.

HB 1997  By Smaligo. An Act relating to professions and occupations; amending 59 O.S. 2001, Section 480, which relates to Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act; clarifying language; and providing an effective date.

HB 1998  By Denney. An Act relating to trusts; amending Sections 2,3,7 and 8, Chapter 509, O.S.L. 2004 (31 O.S. Supp. 2004, Sections 11, 12, 16 and 17), which relate to the Family Wealth Preservation Trust Act; modifying definitions; allowing for exemption of incremental growth of corpus of trust; providing for computation of fair market value of certain assets; providing for computation of asset encumbered by debt; protecting rights of creditor of certain assets in trust; providing limitations on exemption of assets of trust; providing for preemption; allowing for application of certain rules if proceeding converted to voluntary bankruptcy; repealing Section 6, Chapter 509, O.S.L. 2004 (31 O.S. Supp. 2004, Section Second Legislative Day, Monday, February 07, 2005 269

15), which relates to the Family Wealth Prevention Act; providing an effective date; and declaring an emergency.

HB 1999  By Dank. An Act relating to schools; amending 70 O.S. 2001, Section 1-115, which relates to administration of a school system; deleting obsolete language; and providing an effective date.

HB 2000  By Miller (Doug). An Act relating to elections; amending 26 O.S. 2001, Section 2-106, which relates to the state election board; clarifying language; and providing an effective date.

HB 2001  By Steele. An Act relating to public health and safety; creating committee to study developmental disability rates; providing for purpose; requiring certain report; providing for distribution; and providing an effective date.

HB 2002  By McMullen. An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 1663, which relates to workers’ compensation fraud; modifying penalty for workers’ compensation fraud; and providing an effective date.

HB 2003  By Roggow. An Act relating to economic development; enacting the Oklahoma Economic Development Reorganization Act of 2005; providing for noncodification; providing an effective date; and declaring an emergency.

HB 2004  By Braddock. An Act relating to military personnel; amending 40 O.S. 2001, Section 2-404, which relates to unemployment benefits; adding exception to certain disqualification of benefits; and providing an effective date.

HB 2005  By Askins. An Act relating to public health and safety; amending 63 O.S. 2001, Sections 2407, 2408, 2409, 2410, 2411, 2412, 2413, 2414 and 2415, which relate to the Oklahoma Interpreter for the Deaf Act; modifying name of act; modifying definitions; expanding circumstances for appointment of qualified legal interpreters; modifying appointment process for interpreters; modifying notice requirements; modifying oath; modifying fees; providing for recess periods; amending 12 O.S. 2001, Section 2506.1, as amended by Section 37, Chapter 468, O.S.L. 2002, and as renumbered by Section 78, Chapter 468, O.S.L. 2002 (12 O.S. Supp. 2004, Section 2503.1), which relates to the interpreter for the deaf privilege; modifying definitions; including privilege for communications concerning hard-of-hearing persons; and providing an effective date.

HB 2006  By Askins. An Act relating to roads, bridges and ferries; amending 69 O.S. 2001, Section 501, which relates to classes of highways; requiring the Department of Transportation to specify 270 House Journal certain conveyance; requiring certain notice; providing method of filing conveyances for certain segments of the State Highway System; requiring reversion of roadways under certain circumstances; and providing an effective date.

HB 2007  By Toure. An Act relating to mental health; amending 43A O.S. 2001, Section 4-104, which relates to surgical operations for patients; prohibiting the sterilization of a mentally ill or mentally retarded person, except on order of the court; requiring petition; providing for contents of petition; providing for contents of order; and providing an effective date.

HB 2008  By Toure. An Act relating to professions and occupations; amending 59 O.S. 2001, Sections 46.14, 148, 199.11, as amended by Section 6, Chapter 56, O.S.L. 2003, 328.32, 396.12c, as amended by Section 14, Chapter 57, O.S.L. 2003, 475.18, 509, as amended by Section 9, Chapter 523, O.S.L. 2004, 532, 567.8, as amended by Section 5, Chapter 190, O.S.L. 2003, 858-312, 858-723, 887.13, 888.9, 1310, 1370, as amended by Section 24, Chapter 313, O.S.L. 2004, 1503A, 1619, 1912, 1925.15 and 1941 (59 O.S. Supp. 2004, Sections 199.11, 396.12c, 567.8 and 1370), which relate to architects and landscape architects, podiatric physicians, cosmetologists, dentists, funeral directors, professional engineers and land surveyors, allopathic physicians, athletic trainers and apprentices, nurses, realtors, real estate appraisers, physical therapists, occupational therapists, bail bondsmen, psychologists, pawnbrokers, speech-language pathologists and audiologists, professional counselors, marital and family therapists, and licensed behavioral practitioners; modifying the prohibition to issue and renew licenses based on criminal conviction; providing certain appeal procedure; adding definition; and providing an effective date.

HB 2009  By Toure. An Act relating to schools; amending 70 O.S. 2001, Section 5-135.2, which relates to reporting financial transactions; clarifying statutory language; and providing an effective date.

HB 2010  By Toure. An Act relating to schools; creating the Multiethnic History Commission; providing for noncodification; and providing an effective date.

HB 2011  By Toure. An Act relating to the Oklahoma Firefighters Pension and Retirement System; enacting the Oklahoma Firefighters Pension and Retirement System Technical Amendments Act of 2005; providing for noncodification; providing an effective date; and declaring an emergency.

HB 2012  By Toure. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 3603, as last amended by Section 1, Chapter 457, O.S.L. 2004 (68 O.S. Supp. 2004, Section 3603), which relates to the Oklahoma Quality Jobs Program Act; modifying definitions; providing an effective date; and declaring an emergency.

Second Legislative Day, Monday, February 07, 2005 271

HB 2013  By Toure. An Act relating to motor vehicles; amending Section 12, Chapter 504, O.S.L. 2004 (47 O.S. Supp. 2004, Section 1135.3), which relates to special license plates; restricting persons eligible for certain special license plates; and providing an effective date.

HB 2014  By Lamons. An Act relating to ethics; prohibiting certain persons from accepting campaign contributions during certain period of time; providing for codification; and providing an effective date.

HB 2015  By Newport. An Act relating to public buildings; providing legislative findings; authorizing the posting of the Ten Commandments in any public buildings of the state and political subdivision of the state; providing for codification; and providing an effective date.

HB 2016  By Cargill. An Act relating to ethics; amending Rule 257:10-1-3 of the Rules of the Ethics Commission (74 O.S. 2001, Chapter 62, App.), which relates to campaign contributions; clarifying language; and providing an effective date.

HB 2017  By Cargill. An Act relating to revenue and taxation; authorizing tax credit equal to loan payments made for educational debt; providing for eligibility for credit; limiting amount of credit; limiting number of payments eligible for credit; requiring claimant to be in good standing to claim credit; defining term; providing for codification; and providing an effective date.

HB 2018  By Cargill. An Act relating to professions and occupations; amending 59 O.S. 2001, Section 1000.1, which relates to the Construction Industries Board Act; updating language; and providing an effective date.

HB 2019  By Cargill. An Act relating to schools; amending 70 O.S. 2001, Section 3218.8, as amended by Section 2, Chapter 4, O.S.L. 2003 (70 O.S. Supp. 2004, Section 3218.8), which relates to undergraduate resident and nonresident tuition; clarifying statutory language; providing an effective date; and declaring an emergency.

HB 2020  By Cargill. An Act relating to the Oklahoma Police Pension and Retirement System; amending 11 O.S. 2001, Section 50-111.3, as last amended by Section 4, Chapter 551, O.S.L. 2004 (11 O.S. Supp. 2004, Section 11-50-111.3), which relates to deferred option retirement plans; modifying reference; providing an effective date; and declaring an emergency.

HB 2021  By Cargill. An Act relating to public health and safety; amending Section 2, Chapter 283, O.S.L. 2004 (63 O.S. Supp. 2004, Section 1-1955.2), which relates to the Oklahoma Long-Term Care Partnership Act; clarifying language; and providing an effective date. 272 House Journal

HB 2022  By Cargill. An Act relating to science and technology; enacting the Intellectual Property and Biotech Research Incentive Act of 2005; providing for noncodification; and providing an effective date.

HB 2023  By Cargill. An Act relating to schools; amending 70 O.S. 2001, Section 1210.508, as amended by Section 2, Chapter 428, O.S.L. 2003 (70 O.S. Supp. 2004, Section 1210.508), which relates to the Oklahoma School Testing Program; requiring certain students to perform satisfactorily on certain tests in order to graduate from high school; prohibiting issuance of a diploma to students who do not perform satisfactorily on the tests; directing the State Board of Education to set certain criteria; providing for a Certificate of Attendance and Completion for certain students; providing an effective date; and declaring an emergency.

HB 2024  By Calvey. An Act relating to tort reform; creating the Oklahoma Tort Reform Act of 2005; providing short title; providing for noncodification; and providing an effective date.

HB 2025  By Calvey. An Act relating to jurors; amending 38 O.S. 2001, Section 28, as amended by Section 8, Chapter 525, O.S.L. 2004 (38 O.S. Supp. 2004, Section 28), which relates to qualifications and exemptions for jury duty; clarifying language; and providing an effective date.

HB 2026  By Kiesel. An Act relating to elections; amending 26 O.S. 2001, Sections 7-119 and 7-127, which relate to conduct of elections; eliminating straight-party voting; and providing an effective date.

HB 2027  By Shelton. An Act relating to The Governmental Tort Claims Act; amending 51 O.S. 2001, Section 151, which relates to The Governmental Tort Claims Act; modifying short title; and providing an effective date.

HB 2028  By Morgan (Fred). An Act relating to the commercial code; amending 12A O.S. 2001, Section 1-102, which relates to the Uniform Commercial Code; clarifying language; and providing an effective date.

HB 2029  By Morgan (Fred). An Act relating to torts; amending 76 O.S. 2001, Section 27, which relates to limitations on certain liability; clarifying language; and providing an effective date.

HB 2030  By Morgan (Fred). An Act relating to tort reform; creating the Oklahoma Tort Reform Act of 2005; providing short title; providing for noncodification; and providing an effective date.

Second Legislative Day, Monday, February 07, 2005 273

HB 2031  By Morgan (Fred). An Act relating to landowner liability; amending 2 O.S 2001, Section 16-71, as amended by Section 25, Chapter 368, O.S.L. 2004, and as renumbered by Section 68, Chapter 368, O.S.L. 2004 (76 O.S. Supp. 2004, Section 10.1), which relates to landowners; updating language; and providing an effective date.

HB 2032  By Morgan (Fred). An Act relating to liability; creating the Oklahoma Joint and Several Liability Act of 2005; providing for noncodification; and providing an effective date.

HB 2033  By Morgan (Fred). An Act relating to schools; amending 70 O.S. 2001, Sections 24-132 and 24-138, which relate to immunity for reporting certain student actions and conditions; creating the Oklahoma Educator Protection Act; providing short title; stating legislative findings; providing definitions; making certain educational entities, employees and governing board members immune from liability for certain actions; providing exceptions; providing immunity for reporting certain student actions and conditions; requiring adoption of certain policies related to reporting certain student actions and conditions; stating minimum contents of certain policy; requiring filing of certain policy with State Superintendent of Public Instruction; providing for suspension of accreditation; providing for suspension of ability to operate certain schools; deleting redundant language; prohibiting liability of certain educational entities, employees and governing board members for punitive or exemplary damages; providing exception; requiring award of court costs and attorney fees to certain parties in certain actions; authorizing expert witness fees to be awarded certain parties; prohibiting waiver of governmental immunity; providing for codification; providing for recodification; providing an effective date; and declaring an emergency.

HB 2034  By Morgan (Fred). An Act relating to property; amending 60 O.S. 2001, Section 175.6a, which relates to Oklahoma Trust Act; clarifying language; and providing an effective date.

HB 2035  By Morgan (Fred). An Act relating to the commercial code; amending 12A O.S. 2001, Section 7-101, which relates to the Uniform Commercial Code, Documents of Title; clarifying language; and providing an effective date.

HB 2036  By Perry. An Act relating to The Governmental Tort Claims Act; amending 51 O.S. 2001, Section 152, as last amended by Section 19, Chapter 368, O.S.L. 2004 (51 O.S. Supp. 2004, Section 152), which relates to definitions for The Governmental Tort Claims Act; modifying definition; and providing an effective date.

HB 2037  By Reynolds. An Act relating to elections; amending 26 O.S. 2001, Section 3-101, as amended by Section 5, Chapter 485, O.S.L. 2003 (26 O.S. Supp. 2004, Section 3-101), which relates to days on which elections are held; modifying when certain special elections may be held; amending 26 O.S. 2001, Section 4-113, as amended by Section 6, Chapter 545, O.S.L. 2004 274 House Journal

(26 O.S. Supp. 2004, Section 4-113), which relates to voter identification cards; requiring voter identification card to contain an identification number; amending 26 O.S. 2001, Section 8-109, which relates to contest of elections; modifying time for requesting recount; amending 26 O.S. 2001, Section 12-106 and 12-108, as last amended by Section 4, Chapter 369, O.S.L. 2004 (26 O.S. Supp. 2004, Section 12-108), which relate to vacancies in the Legislature; providing for filling of vacancy caused by constitutional limitation on terms of office; providing an effective date; and declaring an emergency.

HB 2038  By Reynolds. An Act relating to public health and safety; amending 63 O.S. 2001, Section 1-730, which relates to abortions; clarifying definitions; and providing an effective date.

HB 2039  By Reynolds. An Act relating to professions and occupations; creating the Pharmacy Act; providing for noncodification; and providing an effective date.

HB 2040  By Reynolds. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 1350, which relates to the Oklahoma Sales Tax Code; clarifying language; and providing an effective date.

HB 2041  By Reynolds. An Act relating to telecommunications; creating the Voice Mail Systems Act; providing for noncodification; and providing an effective date.

HB 2042  By Reynolds. An Act relating to school; creating the Student Suspension Policy Program Act; providing for noncodification; and providing an effective date.

HB 2043  By Reynolds. An Act relating to professions and occupations; amending 59 O.S. 2001, Section 1750.10, which relates to the display of certain words on badges; requiring certain words to be displayed on private investigator badges; specifying design guidelines for badges; and providing an effective date.

HB 2044  By Reynolds. An Act relating to ethics; amending 74 O.S. 2001, Section 4253, which relates to registration forms; clarifying language; and providing an effective date.

HB 2045  By Peterson (Pam). An Act relating to public buildings and public works; amending 61 O.S. 2001, Section 61, as amended by Section 7, Chapter 294, O.S.L. 2002 (61 O.S. Supp. 2004, Section 61), which relates to state consultants; modifying definition of design consultant; and providing an effective date.

HB 2046  By Hiett, Morgan (Fred) and Thompson. Second Legislative Day, Monday, February 07, 2005 275

An Act relating to workers’ compensation; amending 40 O.S. 2001, Section 554, which relates to drug testing by employers; modifying circumstances under which certain testing may occur; amending 74 O.S. 2001, Section 18m-2, which relates to workers’ compensation fraud; authorizing civil suit under certain circumstances; amending 85 O.S. 2001, Sections 3, as amended by Section 60, Chapter 329, O.S.L. 2003, 3.5, 11, 14, as amended by Section 1, Chapter 215, O.S.L. 2002, 14.2, 14.3, 17, as amended by Section 2, Chapter 215, O.S.L. 2002, 22, 26, 30 and 43 (85 O.S. Supp. 2004, Sections 3, 14 and 17), which relate to definitions, places hearings to be held, medical attention, certified workplace medical plans, determination of disability, schedule of compensation, notice forms, and costs; adding definitions; removing definitions; modifying venue; authorizing Workers’ Compensation Court to elect hearing site under certain circumstances; limiting hearing sites; requiring specified schools to provide quarters and technology for certain hearings; requiring certain persons to appear by videoconference; establishing mandatory Ombudsman Program; stating purpose; providing for rules; providing for filing of employer’s first notice of injury; requiring mediation of certain claims; specifying time period for mediation; making certain filings confidential; providing consequences if partially disabled employee refuses suitable employment; modifying process for selecting certain physicians; authorizing one change of physician; requiring certain process for change of physician; eliminating certain certified workplace medical plan enrollment option; requiring use of generic drugs under certain circumstances; limiting certain prescriptions; requiring certain employers to participate in certain plan; requiring implementation of site visit protocol; providing requirements for medical testing; providing burden of proof; requiring Court to give deference to certain testimony for specific purpose; providing that certain injuries, illnesses or deaths are not compensable, with exceptions; providing procedure for compensation for hearing; denying compensation to certain persons, with exception; providing for certain soft tissue injuries; modifying certain benefits; requiring certain evidence for award of specific benefit; stating exception; authorizing Court to order independent medical examiner to make certain determination; requiring certain agreement for specified person to perform surgery; authorizing certain lump-sum payment; specifying payment period for certain award; requiring certain evidence for award of specified benefit; authorizing employers to collect attorney fees in certain circumstances; setting time limit for post-termination claims; modifying time for reopening claims; authorizing use of certain rates prior to filing; requiring filing within certain time; amending 36 O.S. 2001, Section 2007, which relates to the Property and Casualty Insurance Guaranty Association; modifying obligation of the Property and Casualty Insurance Guaranty Association; repealing 36 O.S. 2001, Section 902.1, as last amended by Section 5, Chapter 519, O.S.L. 2004 (36 O.S. Supp. 2004, Section 902.1), which relates to workers’ compensation insurance rates; repealing 85 O.S. 2001, Section 3.10, which relates to voluntary mediation; providing for codification; and providing an effective date.

HB 2047  By Hiett. An Act relating to tort reform; amending 5 O.S. 2001, Sections 7 and 9, which relate to attorney fees; modifying maximum percentage of allowable attorney fees; providing exception; providing for the award of attorney fees to the prevailing party in an action not arising out of contract; providing for determination of attorney fees in class actions; requiring plaintiffs to sign representation agreements; providing method of calculating attorney fees for class action cases; providing for judicial discretion to modify the fee 276 House Journal award; requiring attorney fees to include noncash benefits in certain circumstances; defining term; establishing a statute of repose for product liability actions; authorizing the court to decline to exercise jurisdiction under the doctrine of forum non conveniens; providing factors that the court may consider; requiring each plaintiff to establish venue in cases in which there are multiple plaintiffs; providing for interlocutory appeal; authorizing the court to require plaintiff and defendant to agree to dismissal in certain circumstances; amending 12 O.S. 2001, Section 993, which relates to interlocutory appeals from certain orders; modifying grounds for interlocutory appeals; providing standard for making certain determination; requiring the Supreme Court to make certain determination within certain time; amending 12 O.S. 2001, Section 2023, which relates to class actions; requiring the court to hear and rule on certain motions before making a determination on certifying a class; providing effect of interlocutory appeal in certain circumstances; amending 23 O.S. 2001, Section 9.1, as amended by Section 1, Chapter 462, O.S.L. 2002 (23 O.S. Supp. 2003, Section 9.1), which relates to punitive damages; providing that jury award of punitive damages must be unanimous for cases filed after a certain date; providing for reduction of damages if the plaintiff has settled with one or more persons; providing for designation of responsible third parties; amending 23 O.S. 2001, Section 61, which relates to the measure of damages for the breach of obligations not arising from contract; providing that compensation from collateral sources may be admitted into evidence; providing proof of certain losses must be in the form of a net loss after reduction for income tax payments or unpaid tax liability; limiting theory of recovery for certain medical liability actions; creating certain rebuttable presumptions; providing required standard of proof in medical liability actions involving emergency care; providing for payment of future losses in medical liability actions; creating the Education Quality and Protection Act; providing short title; stating legislative findings; stating purpose of the act; providing definitions; limiting the liability of educational entities and education employees for certain actions; stating standard of proof; limiting the liability of educational entities and education employees for certain reporting; prohibiting punitive or exemplary damages against an educational entity or education employee; making it unlawful to make a false criminal report against an education employee; providing punishment; limiting application for statements against certain persons; providing for effect on other laws; providing for the award of costs and attorney fees; authorizing expert witness fees; limiting amount of contingency fees by an attorney; providing penalty for violation of limit; providing for waiver of a defense when liability insurance is available; providing for the applicability of other laws; amending 76 O.S. 2001, Section 31, which relates to civil immunity for volunteers, charitable organizations, and not-for-profit corporations; modifying definition; creating the Product Liability Act; providing short title; defining terms; providing that a manufacturer or seller shall not be liable for inherently unsafe products; providing procedures and requirements in actions alleging design defect; providing elements a claimant must prove in certain actions against manufacturers or sellers of firearms or ammunition; limiting liability of nonmanufacturing sellers; providing rebuttable presumption in actions relating to pharmaceutical products; providing rebuttable presumption concerning compliance with government standards; defining term; making evidence regarding measures taken after injury inadmissible; requiring filing of certain affidavit and procedures therefor; limiting liability of certain corporations for successor asbestos-related liabilities; amending Section 58, Chapter 368, O.S.L. 2004 (36 O.S. Supp. 2004, Section 2201), which relates to the Oklahoma Medical Professional Liability Trust Act; clarifying language; providing for codification; and providing an effective date. Second Legislative Day, Monday, February 07, 2005 277

HB 2048  By Hiett. An Act relating to public health and safety; enacting the Oklahoma Pro-Family Act of 2005; providing for noncodification; and providing an effective date.

HB 2049  By Hiett. An Act relating to health care; enacting the Oklahoma Health Care Act of 2005; providing for noncodification; and providing an effective date.

HB 2050  By Hiett. An Act relating to higher education; enacting the Oklahoma Higher Education Act of 2005; providing for noncodification; and providing an effective date.

HB 2051  By Hiett. An Act relating to revenue and taxation; enacting the Oklahoma Property Tax Technical Amendments Act of 2005; providing for noncodification; and providing an effective date.

HB 2052  By Hiett. An Act relating to revenue and taxation; creating the Oklahoma Revenue and Taxation Act of 2005; providing for noncodification; and providing an effective date.

HB 2053  By Hiett. An Act relating to statutes and reports; amending 75 O.S. 2001, Sections 13, 14 and 17, which relate to distribution of statutes and session laws; modifying procedure for distribution of statutes and session laws; providing an effective date; and declaring an emergency.

HB 2054  By Trebilcock. An Act relating to the Affordable Access to Health Care Act; amending Section 1, Chapter 390, O.S.L. 2003, as amended by Section 20, Chapter 368, O.S.L. 2004 (63 O.S. Supp. 2004, Section 1-1708.1A), which relates to the short title for the Affordable Access to Health Care Act; providing immunity from liability in civil actions to health care providers who refuse to perform certain services; validating certain sections of law; providing for codification; and providing an effective date.

HB 2055  By Trebilcock. An Act relating to ethics; amending 74 O.S. 2001, Section 4254, which relates to state officers and employees engaged in lobbying activities; requiring state officers and employees and certain public members to disclose certain information; prohibiting lobbying by certain persons for certain period of time; requiring special interest groups to disclose certain information; defining term; providing for codification; and providing an effective date.

HB 2056  By Trebilcock. An Act relating to attorneys; repealing Sections 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 and 53, Chapter 368, O.S.L. 2004 (5 O.S. Supp. 2004, Sections 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, 1.15, 1.16, 278 House Journal

1.17, 1.18 and 1.19), which relate to the Registration of Out-of-State Attorneys Act; and declaring an emergency.

HB 2057  By Trebilcock. An Act relating to bail bondsmen; amending 59 O.S. 2001, Section 1320, which relates to registration of license for bail bondsmen; modifying language; providing for appointment of surety bondsmen under certain circumstances; prohibiting appointment and writing of bonds under certain circumstances; and providing an effective date.

HB 2058  By Trebilcock. An Act relating to ethics; prohibiting receipt of contributions in certain places; providing exceptions; providing penalty; providing for codification; and providing an effective date.

HB 2059  By Hastings. An Act relating to amusements and sports; amending 3A O.S. 2001, Sections 402, 409, 410, 415, 423 and 426, which relate to the Oklahoma Charity Games Act; providing for electronic games; defining term; requiring suppliers of electronic games to be licensed; limiting distribution; requiring the adoption of certain rules; requiring certification of electronic games; earmarking certain revenues; declaring certain games to be contraband; amending Section 18, State Question No. 705, Legislative Referendum No. 330 (3A O.S. Supp. 2004, Section 717), which relates to lotteries; authorizing licensed organizations to obtain certificates of authority amending 21 O.S. 2001, Section 964, which relates to slot machines; providing that slot machine prohibition does not apply to certified electronic games; providing for codification; and providing an effective date.

HJR 1001  By Balkman. A Joint Resolution recognizing and proclaiming President Ronald Reagan Day; providing for codification; and declaring an emergency.

HJR 1002  By Liebmann. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Sections 8B and 8C of Article X of the Constitution of the State of Oklahoma; modifying provisions related to annual maximum increases in fair cash value for certain property; providing limitation on increase in fair cash value of certain locally assessed real property eligible for homestead exemption; modifying provisions related to certain qualifying income; providing ballot titles; and directing filing.

HJR 1003  By Cox. A Joint Resolution relating to permanent rules of the Oklahoma Corporation Commission; disapproving permanent rules regarding underground and aboveground storage tank systems utilized by marinas for the storage, handling and use of gasoline and diesel fuel; directing distribution; and declaring an emergency.

HJR 1004  By Trebilcock and Carey. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 23 of Article VI of the Constitution Second Legislative Day, Monday, February 07, 2005 279 of the State of Oklahoma; making the office of the Insurance Commissioner appointive; specifying term of office; providing ballot title; directing filing; and ordering a special election.

HJR 1005  By Terrill. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Sections 8B and 8C of Article X of the Constitution of the State of Oklahoma; modifying provisions related to annual maximum increases in fair cash value for certain property; modifying provisions related to certain qualifying income; providing ballot titles; and directing filing.

HJR 1006  By Case. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 8B of Article X of the Constitution of the State of Oklahoma; modifying provisions related to annual maximum increases in fair cash value for certain property; providing ballot title; requiring special election; and directing filing.

HJR 1007  By Smaligo. A Joint Resolution calling a Constitutional Convention to alter, revise, or amend the present constitution of the State of Oklahoma or to propose a new constitution; fixing the time and place thereof; providing for representation to the convention; providing for election of officers and organization; providing for compensation of delegates; providing for submission of constitutional changes to the voters of the state; providing for submission of this joint resolution to a vote of the people; providing a ballot title; and directing filing.

HJR 1008  By Dank. An Act directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 8C of Article X of the Constitution of the State of Oklahoma; modifying provisions related to certain qualifying income; providing ballot title; and directing filing.

HJR 1009  By Dank. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 8B of Article X of the Constitution of the State of Oklahoma; modifying provisions related to annual maximum increases in fair cash value for certain property; authorizing questions to be submitted for approval; specifying procedures; imposing maximum increase in certain percentages; providing ballot title; and directing filing.

HJR 1010  By Tibbs. An Joint Resolution establishing the Oklahoma Task Force to Stop Sexual Violence; providing for membership; providing for appointment of chair and vice-chair; providing for travel reimbursement; providing for administrative support; providing for duties; requiring certain report to Governor and Legislature; providing for noncodification; and declaring an emergency.

280 House Journal

HJR 1011  By Thompson. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Sections 8B and 8C of Article X of the Constitution of the State of Oklahoma; modifying provisions related to annual maximum increases in fair cash value for certain property; modifying provisions related to certain qualifying income; providing ballot titles; and directing filing.

HJR 1012  By Morgan (Fred). A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to the Oklahoma Constitution by adding a new section to Article II to be designated as Section 36; recognizing certain right of the citizens of this state related to game and fish; recognizing hunting, fishing and trapping heritage; vesting the Wildlife Conservation Commission and the State Department of Agriculture with certain power and authority; prohibiting disapproval of certain lawful activities; allowing reasonable regulation; limiting operation of law; providing ballot title; and directing filing.

HJR 1013  By Worthen. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 8C of Article X of the Constitution of the State of Oklahoma; modifying provisions governing maximum increase in fair cash value homestead property owned by certain persons; modifying qualifying age for persons owning homesteads subject to certain limitation; eliminating qualifying income limit provisions; modifying provisions related to valuation of improvements; providing ballot title; and directing filing.

HJR 1014  By McCarter. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 10 of Article VI of the Constitution of the State of Oklahoma; providing Pardon and Parole Board with authority to grant parole; requiring certain report from Pardon and Parole Board; removing authority of Governor to grant parole; requiring Legislature to enact certain laws; providing ballot title; providing for noncodification; and directing filing.

HJR 1015  By Worthen. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Sections 4 and 23 of Article VI and Section 15 of Article IX of the Constitution of the State of Oklahoma; limiting the term of office of certain elected officials; providing ballot title; and directing filing.

HJR 1016  By Winchester. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Article XXIII of the Constitution of the State of Oklahoma by adding a new Section 13, which relates to the use of the proceeds of certain fees and assessments; limiting and specifying uses of proceeds and assessments; requiring subaccounts; authorizing transfers; providing exceptions; prohibiting certain uses; providing ballot title; and directing filing. Second Legislative Day, Monday, February 07, 2005 281

HJR 1017  By Roggow. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to the Constitution of the State of Oklahoma by adding a new Section 6D to Article X; providing exemption for certain tangible personal property used in soil conservation efforts; providing ballot title; and directing filing.

HJR 1018  By Hamilton. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 8B of Article X of the Constitution of the State of Oklahoma; modifying provisions related to limitation on valuation increases; requiring voter approval of increases in fair cash value for certain property; providing ballot title; and directing filing.

HJR 1019  By Armes. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to the Constitution of the State of Oklahoma by adding a new Section 50 to Article X; authorizing indebtedness; providing for use of proceeds related to enhanced Conservation Reserve Program; specifying authorized purposes; providing ballot title; and directing filing.

HJR 1020  By Miller (Ken). A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 23 of Article X of the Constitution of the State of Oklahoma; modifying procedures governing appropriation process; requiring Annual Spending Limit; providing for annual adjustments; modifying procedures related to Constitutional Reserve Fund; providing ballot title; and directing filing.

HJR 1021  By Toure. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 9 of Article VII of the Constitution of the State of Oklahoma; modifying the method for selection of certain District Judges and Associate District Judges; providing ballot title; and directing filing.

HJR 1022  By Toure. A Joint Resolution establishing the Oklahoma Execution Task Force of 2005; providing for membership; providing for the appointment of chair and vice-chair; providing for travel reimbursement; providing for duties; requiring certain report to Governor and Legislature; providing for noncodification; and declaring an emergency.

HJR 1023  By Dorman. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 41 of Article X of the Constitution of the State of Oklahoma; deleting obsolete language; providing ballot title; and directing filing.

HJR 1024  By Dorman. 282 House Journal

An Act directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to the Constitution of the State of Oklahoma by adding a new Section 6 to Article III; eliminating straight-party voting; providing ballot title; and directing filing.

HJR 1025  By Liotta. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to the Constitution of the State of Oklahoma by adding a new Section 55 to Article X; authorizing indebtedness; specifying amount of indebtedness; providing for use of proceeds to fund priority bridge repair and replacement projects; providing for allocation of funds by State Transportation Commission; providing for criteria related to bridge conditions; providing for modification of allocations under certain circumstances; providing revenue source for repayment of principal and interest; creating Oklahoma Bridge Maintenance Trust Fund; providing for apportionment of certain revenues to Trust Fund; prohibiting diversion or appropriation of certain revenues; prescribing amount of annual transfer of revenue to Trust Fund; providing for apportionment or other disposition of revenues in excess of certain amount; providing ballot title; and directing filing.

HJR 1026  By Perry. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 8B of Article X of the Constitution of the State of Oklahoma; modifying references; providing ballot title; and directing filing.

HJR 1027  By Toure. A Joint Resolution relating to a moratorium on the death penalty in Oklahoma; creating a special committee to study access to justice and death penalty trials; providing for membership; providing for appointment of chair and vice-chair; providing for travel reimbursement; providing for administrative support; providing for duties; requiring certain report to Governor and Legislature; requesting establishment of moratorium on death penalty for certain period of time; and declaring an emergency.

HJR 1028  By Perry. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 4 of Article VII-A of the Constitution of the State of Oklahoma; expanding disciplinary authority of the Court on the Judiciary; providing ballot title; and directing filing.

HJR 1029  By Reynolds. A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 4 of Article VII-A of the Constitution of the State of Oklahoma and a proposed amendment to the Constitution of the State of Oklahoma by adding a new section to Article VII-A to be designated as Section 8; providing for removal from office or other discipline of judges pursuant to a request from a citizen; providing grounds for action; providing procedure; providing that procedure is alternative and cumulative to other methods of removing judges from office; providing ballot title; and directing filing. Second Legislative Day, Monday, February 07, 2005 283

RESOLUTIONS

The following were introduced and read:

HR 1001  By Deutschendorf. A Resolution relating to the House Rules and business of the House of Representatives; amending Sections 12 and 15 of House Rule 10 of the 50th Oklahoma Legislature, which relates to committees; modifying amendment requirements; modifying mailing requirements for interim committee meeting notices; amending Sections 2 and 7 of House Rule 11 of the 50th Oklahoma Legislature, which relates to House and Senate bills and joint resolutions on General Order; modifying amendment submission requirement; providing for electronic access to printed amendments; providing for transmission of electronically submitted amendments; providing for printing electronically submitted amendments; requiring all measures to be provided electronically to Members by certain date; directing the Speaker of the House of Representatives to purchase laptop computers for Members and certain hardware and software by certain date; making purchase subject to available funds; directing the Speaker to implement a pilot program for electronic access to measures by Members; providing for selection of Members; stating purpose of the pilot program; requiring participating Members to report to the Speaker.

HR 1002  By Balkman, Armes, Banz, Benge, Billy, Bingman, Calvey, Coody, Cooksey, Cox, Dank, Denney, DePue, DeWitt, Duncan, Hickman, Jackson, Jett, Johnson, Jones, Lamons, Liebmann, Liotta, Martin, Miller (Ken), Morgan (Fred), Nance, Newport, Perry, Peters, Peterson (Pam), Peterson (Ron), Piatt, Reynolds, Richardson, Rousselot, Sherrer, Steele, Sullivan, Tibbs, Trebilcock, Wesselhoft, Wilt, Winchester and Young. A Resolution recognizing the anniversary of the birth of President Ronald Reagan.

HR 1003  By Hiett and Cargill. A Resolution providing for the temporary personnel of the House of Representatives.

RESOLUTION FOR CONSIDERATION

HR 1002 was called up for consideration.

Coauthored by Representative(s) Armes, Banz, Benge, Billy, Bingman, Calvey, Coody, Cooksey, Cox, Dank, Denney, DePue, DeWitt, Duncan, Hickman, Jackson, Jett, Johnson, Jones, Lamons, Liebmann, Liotta, Martin, Miller (Ken), Morgan (Fred), Nance, Newport, Perry, Peters, Peterson (Pam), Peterson (Ron), Piatt, Reynolds, Richardson, Rousselot, Sherrer, Steele, Sullivan, Tibbs, Trebilcock, Wesselhoft, Wilt, Winchester, Young

Representative Miller (Ray) moved to amend HR 1002, Page 2, Line 18 1/2, by providing similar recognition to President Dwight D. Eisenhower.

Representative Wright raised a point of order that the amendment had not been submitted in accordance with the new House Rules.

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The Presiding Officer ruled the point not well taken stating that the rules apply to bills and joint resolutions.

Representative Perry raised a point of order whether the Miller (Ray) amendment was germane to HR 1002.

The Presiding Officer ruled the point well taken and the amendment nongermane.

Representative Miller (Ray), appealed the ruling of the Presiding Officer, receiving the required 15 seconds.

“The question is, shall the decision of the Presiding Officer be the decision of the House? All those in favor signify by voting ‘Aye’; those opposed ‘Nay.’ The vote is now in progress.”

The ruling of the Presiding Officer was upheld upon roll call as follows:

Aye: Adkins, Armes, Balkman, Banz, Benge, Billy, Bingman, Blackwell, Calvey, Cargill, Case, Coody, Cooksey, Cox, Dank, Denney, DePue, DeWitt, Duncan, Hickman, Ingmire, Jackson, Jett, Johnson, Jones, Kern, Liebmann, Liotta, Martin, Miller (Doug), Miller (Ken), Morgan (Fred), Nance, Newport, Perry, Peters, Peterson (Pam), Peterson (Ron), Piatt, Reynolds, Richardson, Roggow, Smaligo, Steele, Sullivan, Terrill, Tibbs, Trebilcock, Wesselhoft, Wilt, Winchester, Worthen, Wright, Young, Mr. Speaker.--55.

Nay: Askins, Auffet, Blackburn, Braddock, Brannon, Brown, Carey, Covey, Deutschendorf, Dorman, Eddins, Ellis, Gilbert, Glenn, Hamilton, Harrison, Hilliard, Hyman, Kiesel, Lamons, Lindley, Mass, McCarter, McDaniel, McMullen, McPeak, Miller (Ray), Morgan (Danny), Morrissette, Plunk, Pruett, Roan, Rousselot, Shelton, Sherrer, Shoemake, Shumate, Smithson, Staggs, Sweeden, Toure, Turner, Walker.--43.

Excused: Hastings, Nations, Thompson.--3.

Representative Balkman moved adoption of HR 1002, which motion prevailed upon roll call as follows:

Aye: Adkins, Armes, Askins, Auffet, Balkman, Banz, Benge, Billy, Bingman, Blackburn, Blackwell, Braddock, Brannon, Brown, Calvey, Carey, Cargill, Case, Coody, Cooksey, Covey, Cox, Dank, Denney, DePue, Deutschendorf, DeWitt, Dorman, Duncan, Eddins, Ellis, Hamilton, Harrison, Hickman, Hilliard, Hyman, Ingmire, Jackson, Jett, Johnson, Jones, Kern, Kiesel, Lamons, Liebmann, Lindley, Liotta, Martin, Mass, McCarter, McDaniel, McMullen, McPeak, Miller (Doug), Miller (Ken), Miller (Ray), Morgan (Danny), Morgan (Fred), Morrissette, Nance, Newport, Perry, Peters, Peterson (Pam), Peterson (Ron), Piatt, Plunk, Pruett, Reynolds, Richardson, Roan, Roggow, Rousselot, Shelton, Sherrer, Shoemake, Shumate, Smaligo, Smithson, Staggs, Steele, Sullivan, Sweeden, Terrill, Tibbs, Trebilcock, Turner, Walker, Wesselhoft, Wilt, Winchester, Worthen, Wright, Young, Mr. Speaker.--95.

Nay: Gilbert, Glenn, Toure.--3. Second Legislative Day, Monday, February 07, 2005 285

Excused: Hastings, Nations, Thompson.--3.

HR 1002 was referred for enrollment.

STANDING COMMITTEE CHANGES

The Speaker made the following changes to the House Standing Committees:

Representatives Miller (Ken) and Worthen appointed to the Rules Committee and Representative DeWitt removed from the Rules Committee;

Representative Coody appointed to the Public Safety and Homeland Security Committee and Representative Duncan removed from the Public Safety and Homeland Security Committee and reassigned to the Corrections and Criminal Justice Committee.

APPROPRIATIONS AND BUDGET SUBCOMMITTEES

The Speaker named the Appropriations and Budget Subcommittees as follows:

Education Jones, Chair Kern, Vice-Chair

Brannon Ingmire Dank McCarter Denney Nations Deutschendorf Peterson (Pam) Shumate

General Government and Transportation Liotta, Chair Jett, Vice-Chair

Bingman Liebmann Dorman Plunk Rousselot

Health and Social Services Balkman, Chair Cooksey, Vice-Chair

Brown Eddins Cox Ellis Tibbs

286 House Journal

Human Services Peters, Chair Billy, Vice-Chair

Carey Hilliard Hamilton Jackson Steele

Natural Resources and Regulatory Services Roggow, Chair Duncan, Vice-Chair

Adkins Morgan (Danny) Covey Peterson (Ron) DeWitt Shoemake Glenn Walker Wilt

Public Safety and Judiciary Trebilcock, Chair Johnson, Vice-Chair

Askins Morgan (Fred) Blackwell Nance Calvey Roan Lamons Smithson Turner

Select Agencies Smaligo, Chair Martin, Vice-Chair

Auffet Piatt Kiesel Staggs Young

MILEAGE CHANGES

Mileage Amount Name Round Trip Due Gary Banz, Midwest City and return 0 0 Ann Coody, Lawton and return 170 $68.85

Second Legislative Day, Monday, February 07, 2005 287

APPOINTMENTS

The Speaker announced the following appointments:

January 4, 2005 – Representative Calvey appointed as a Member of the Streamlined Multistate Sales and Use Tax Agreement Negotiations Task Force. (SB 589, Section 4, 2001)

January 4, 2005 – Representatives Adkins appointed as a Member of the Executive Committee of the Energy Council and Representatives Askins, Bingman, DePue, Johnson, Lamons, Morgan (Danny), Morgan (Fred), Tibbs appointed as Members of the Energy Council. (By-Laws of the Energy Council)

January 12, 2005 – Speaker Hiett appointed as a Member of the Executive Committee of the Energy Council. (By-Laws of the Energy Council)

January 12, 2005 – Representative Trebilcock appointed as Chair, replacing former Representative Wilson and Representatives Cargill, replacing Representative Hastings, DeWitt, replacing former Representative Taylor, Jones, replacing former Representative Stanley, Winchester, replacing Representative Sweeden appointed as Members of the Joint Committee on State-Tribal Relations. (74 O.S. 1222)

January 24, 2005 – Representative Jackson appointed as a Member of the Oklahoma Strategic Military Planning Commission, replacing Representative Braddock. (HB 1396, Section 1, 2003)

Representative Cargill moved that when the clerk's desk is clear, the House stand adjourned to reconvene at 10:30 a.m., Tuesday, February 8, 2005, which was the order.

Pursuant to the motion of Representative Cargill, the House was adjourned at 4:35 p.m., to reconvene Tuesday, February 8, 2005, at 10:30 a.m.