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Senate Journal May 05, 2010

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Senate Journal May 05, 2010 1433 Senate Journal Second Regular Session of the Fifty-second Legislature of the State of Oklahoma Fifty-third Legislative Day, Wednesday, May 5, 2010 The Senate was called to order by Senator Sykes. Roll Call: Present: Adelson, Aldridge, Anderson, Ballenger, Barrington, Bass, Bingman, Branan, Brogdon, Brown, Burrage, Coates, Coffee, Corn, Crain, Crutchfield, Easley, Eason McIntyre, Ellis, Ford, Garrison, Halligan, Ivester, Johnson (C), Johnson (M), Jolley, Justice, Lamb, Laster, Leftwich, Lerblance, Marlatt, Mazzei, Myers, Newberry, Nichols, Paddack, Reynolds, Rice, Schulz, Sparks, Stanislawski, Sweeden, Sykes, Wilson and Wyrick.—46. Excused: Gumm and Russell.—2. Senator Sykes declared a quorum present. The prayer was offered by Father Stephen Hamilton, Saints Peter and Paul Catholic Church, Kingfisher, the guest of Senator Mike Johnson. REPORT OF ENGROSSED AND ENROLLED MEASURES SBs 461, 509, 820, 1311, 1313, 1799, 1940 and 2126 were each correctly enrolled, properly signed and ordered transmitted to the Honorable House for signature of the Speaker. SR 114 was correctly enrolled, properly signed and ordered transmitted to the Secretary of State. 1434 Senate Journal SCs NAMED Upon motion of Senator Lamb, Senate conferees were appointed as follows: SB 1862 − Coffee, Ford, Jolley, Lamb, Laster SB 2033 − Coffee, Ford, Jolley, Lamb, Laster PENDING SENATE ACTION HOUSE REQUEST FOR CONFERENCE Upon motion of Senator Lamb, the request of the Honorable House for conference on the following bills was ordered granted and Senate conferees appointed as follows: HB 2753 − Coffee, Ford, Jolley, Lamb, Laster HB 3035 − Coffee, Johnson (Mike), Laster MESSAGES FROM THE HOUSE Advising fourth reading of and transmitting for signature Enrolled HBs 2306, 2530, 2695, 2746, 2774, 2826, 2934 and 3158. The above-numbered enrolled measures were, after fourth reading, properly signed and ordered returned to the Honorable House. Advising rejection of SAs to HB 2615, requesting conference and House conferees to be named later. Advising passage of and transmitting for consideration Engrossed HJR 1087. HJR 1087 − By Trebilcock of the House and Jolley of the Senate. A Joint Resolution disapproving permanent rule of the Corporation Commission; and directing distribution. The above-numbered measure was read the first time. INTRODUCTIONS Senator Easley introduced her grandsons, Tristan and Trevor Gage, to the Senate. Fifty-third Legislative Day, Wednesday, May 5, 2010 1435 PENDING SENATE ACTION - VETO OVERRIDE OF SB 1685 Senator Brogdon moved that SB 1685 become law notwithstanding the veto of the Governor, which motion failed of adoption upon roll call as follows: Aye: Aldridge, Barrington, Bingman, Branan, Brogdon, Brown, Burrage, Coates, Coffee, Corn, Crain, Ellis, Ford, Halligan, Ivester, Johnson (M), Jolley, Justice, Lamb, Marlatt, Mazzei, Myers, Newberry, Nichols, Paddack, Schulz, Stanislawski and Sykes.--28. Nay: Adelson, Ballenger, Bass, Crutchfield, Easley, Eason McIntyre, Garrison, Johnson (C), Laster, Leftwich, Lerblance, Rice, Sparks, Sweeden, Wilson and Wyrick.--16. Excused: Anderson, Gumm, Reynolds and Russell.--4. PENDING CONSIDERATION OF HAs HAs to SB 1928 were called up for consideration Senator Newberry asked that SB 1928 be laid over temporarily, which was the order. SB 1928 remains on pending consideration of HAs. PENDING CONSIDERATION OF CCR The CCR on SJR 59 was adopted upon motion of Senator Crain. Senator Crain asked to coauthor SJR 59, which was the order. SJR 59, as amended in conference, was read at length. On the question of passage of the bill, the vote resulted as follows: Aye: Aldridge, Barrington, Bingman, Branan, Brogdon, Brown, Burrage, Coffee, Corn, Crain, Ellis, Ford, Garrison, Halligan, Ivester, Johnson (M), Jolley, Justice, Lamb, Marlatt, Mazzei, Myers, Newberry, Nichols, Paddack, Reynolds, Schulz, Stanislawski, Sykes and Wyrick.--30. Nay: Adelson, Ballenger, Crutchfield, Easley, Eason McIntyre, Johnson (C), Laster, Leftwich, Lerblance, Rice, Sparks, Sweeden and Wilson.--13. Excused: Anderson, Bass, Coates, Gumm and Russell.--5. The bill passed. 1436 Senate Journal SJR 59, together with the conference committee report thereon, was ordered transmitted to the Honorable House. SJR 59 was printed at length as follows: SJR 59 by Newberry, Jolley, Sykes, Coffee, Brogdon, Branan, Schulz, Stanislawski, Ford, Brown, Aldridge, Barrington, Lamb, Bingman, Russell, Justice, Marlatt, Coates and Crain of the Senate and Thompson, Ritze, Murphey, Faught, Ownbey, Trebilcock, Tibbs, Sears, McDaniel (Randy), Derby, McCullough, Osborn, Martin (Steve), Wright (John), Wesselhoft, Sanders, Kern, Key, Moore and Reynolds of the House 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 37; defining terms; prohibiting laws or rules that compel entities to participate in any health care system; permitting persons and employers to pay directly for health care services; permitting health care providers to accept direct payment for health care services; making it illegal to prohibit the purchase or sale of health insurance in private health care systems; clarifying scope of language; providing ballot title; and directing filing. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE 2ND SESSION OF THE 52ND OKLAHOMA LEGISLATURE: SECTION 1. The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Article II of the Oklahoma Constitution by adding a new Section 37 to read as follows: Section 37. A. For purposes of this section: 1. “Compel” shall include penalties or fines; 2. “Direct payment or pay directly” means payment for lawful health care services without a public or private third party, not including an employer, paying for any portion of the service; 3. “Health care system” means any public or private entity whose function or purpose is the management of, processing of, enrollment of individuals for or payment for, in full or in part, health care services or health care data or health care information for its participants; 4. “Lawful health care services” means any health-related service or treatment to the extent that the service or treatment is permitted or not prohibited by law or regulation that may be provided by persons or businesses otherwise permitted to offer such services; and 5. “Penalties or fines” means any civil or criminal penalty or fine, tax, salary or wage withholding or surcharge or any named fee with a similar effect established by law or rule by a government-established, -created or -controlled agency that is used to punish or discourage the exercise of rights protected under this section. B. To preserve the freedom of Oklahomans to provide for their health care: 1. A law or rule shall not compel, directly or indirectly, any person, employer or health care provider to participate in any health care system; and 2. A person or employer may pay directly for lawful health care services and shall not be required to pay penalties or fines for paying directly for lawful health care services. Fifty-third Legislative Day, Wednesday, May 5, 2010 1437 A health care provider may accept direct payment for lawful health care services and shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services. C. Subject to reasonable and necessary rules that do not substantially limit a person’s options, the purchase or sale of health insurance in private health care systems shall not be prohibited by law or rule. D. This section shall not: 1. Affect which health care services a health care provider or hospital is required to perform or provide; 2. Affect which health care services are permitted by law; 3. Prohibit care related to workers’ compensation; 4. Affect laws or rules in effect as of January 1, 2010; or 5. Affect the terms or conditions of any health care system to the extent that those terms and conditions do not have the effect of punishing a person or employer for paying directly for lawful health care services or a health care provider or hospital for accepting direct payment from a person or employer for lawful health care services. SECTION 2. The Ballot Title for the proposed Constitutional amendment as set forth in SECTION 1 of this resolution shall be in the following form: BALLOT TITLE Legislative Referendum No. ____ State Question No. ____ THE GIST OF THE PROPOSITION IS AS FOLLOWS: This measure adds a new section of law to the State Constitution. It adds Section 37 to Article 2. It prohibits making a person use a health care system. It prohibits making an employer use a health care system. It prohibits making a health care provider provide treatment in a health care system. It allows a person to pay for treatment directly. It allows an employer to pay for treatment directly. It allows a health care provider to accept payment for treatment directly. It allows the purchase of health insurance in private health care systems. It allows the sale of health insurance in private health care systems. SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES _____________ AGAINST THE PROPOSAL — NO _____________ SECTION 3. The President Pro Tempore of the Senate shall, immediately after the passage of this resolution, prepare and file one copy thereof, including the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General. 1438 Senate Journal Senator Lamb moved that the Senate recess until 1:30 p.m., which motion was declared adopted. * The Senate reconvened with Senator Aldridge presiding. Senator Aldridge questioned the presence of a quorum and ordered the roll called, following which a quorum was declared present. MESSAGES FROM THE HOUSE Advising fourth reading of and returning Enrolled SBs 461, 509, 820, 1311, 1313, 1799, 1940 and 2126. The above-numbered enrolled measures were referred to the Governor.
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