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Senate Journal
First Extraordinary Session of the Fifty-seventh Legislature of the State of Oklahoma First Legislative Day, Monday, April 6, 2020
The Senate was called to order by Senator Stanislawski.
Roll Call:
Present: Allen, Bergstrom, Boggs, Brooks, Bullard, Coleman, Dahm, David, Dossett, Dugger, Floyd, Hall, Haste, Howard, Ikley-Freeman, Jech, Kidd, Kirt, Leewright, Matthews, McCortney, Montgomery, Murdock, Newhouse, Paxton, Pederson, Pemberton, Pugh, Quinn, Rader, Rosino, Scott, Sharp, Shaw, Standridge, Stanislawski, Stanley, Thompson, Treat, Weaver.—40.
Excused: Bice, Boren, Daniels, Hicks, Silk, Simpson and Young.—7
Vacancy: District 28.—1.
Senator Stanislawski declared a quorum present.
The prayer was offered by Senator Joe Newhouse.
COMMUNICATION
The Executive Order issued by the Governor was read at length as follows:
EXECUTIVE DEPARTMENT EXECUTIVE ORDER 2020-12
To the Honorable Members of the Oklahoma House of Representatives and the Honorable Members of the Oklahoma State Senate:
On April 1, 2020, the 719th case of a novel coronavirus (“COVID-19”), was confirmed in the State of Oklahoma. As noted in a previous Executive Order, the United States Centers for Disease Control and Prevention has identified the potential public health threat posed by COVID-19 as “high” both globally and in the United States. In addition, on 1024 Senate Journal
March 14, 2020, the President of the United States declared a national health emergency in the United States as a result of the national spread of COVID-19.
As COVID-19’s impact continues to evolve, it is important to take measures to protect all Oklahomans against this threat. Therefore, I believe, after consultation with numerous health experts within my administration, that it is now time to declare that a health emergency exists in the State of Oklahoma, and the provision of the Act set forth in Oklahoma Statutes 63 O.S. Sections 6101 et seq. should be activated.
Therefore, I, Kevin Stitt, Governor of the State of Oklahoma, pursuant to the power vested in me by Section 2 of Article VI of the Oklahoma Constitution, and 63 O.S. §§ 6101-6900 of the Oklahoma Statutes, specifically 63 O.S. § 6401, do hereby declare and order the following:
1. There is hereby declared a health emergency in the State of Oklahoma, as defined in 63 O.S. § 6401 of the Oklahoma Statutes.
2. The nature of the health emergency is the spread of COVID-19 both in the United States and the State of Oklahoma.
3. The political subdivisions of the State subject to this declaration are:
All 77 Oklahoma Counties
4. The conditions that have brought about the health emergency are the spread of COVID-19 in the United States and the State of Oklahoma, and its potential to sicken and threaten the life of a large number of our citizens.
5. The duration of this state health emergency shall be for thirty (30) days after the filing of this Executive Order.
6. The primary public health authority responding to the health emergency shall be the Oklahoma State Commissioner of Health.
7. By declaring this emergency, I hereby authorize and enforce the provisions of 63 O.S. § 6804.
8. For the duration of the state health emergency declared herein, neither the provisions of 63 O.S. §§ 1-504-1-506 nor any administrative rule, regulation or procedure pertaining to a state, county or municipal quarantine shall apply to personnel of the Oklahoma National Guard activated in support of the COVID-19 response in Oklahoma. In lieu of such requirements, the Adjutant General shall implement appropriate quarantine procedures, in accordance with established Department of First Legislative Day, Monday, April 6, 2020 1025
Defense protocols, applicable to all Oklahoma National Guard personnel activated during the COVID-19 response.
The foregoing Orders shall be effective until the end of thirty (30) days after the filing of this Order.
In addition, I hereby declare and order the following:
1. Pursuant to the power and authority vested in me by Section 7 of Article VI of the Oklahoma Constitution, I hereby convoke the First Special Session of the 57th Legislature to convene at the State Capitol at 8:00am Central Daylight Time on the second business day following the date of this Order, for the sole purpose of concurring with or terminating this declaration of health emergency.
Copies of this Executive Order shall be distributed to the Speaker of the Oklahoma House of Representatives, the President Pro Tempore of the Oklahoma Senate, the Adjutant General of the Oklahoma National Guard, the Oklahoma State Commissioner of Health, the Commissioner of the Department of Public Safety and the Director of the Office of Management and Enterprise Services who shall cause the provision of this Order to be implemented by all appropriate agencies of State government.
IN WITNESS WHEREOF, I have set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma, this 2nd day of April, 2020.
By the Governor of the State of Oklahoma /s/ Kevin Stitt
Attest: /s/ Michael Rogers, Secretary of State
Senator David advised that pursuant to the provisions of Senate Rules 1-1 and 11-1, the mileage, selection of Officers, members of the Standing Committees and the Rules of the Senate approved for the Fifty-seventh Oklahoma Legislature shall continue for the First Extraordinary Session of the Fifty-seventh Oklahoma Legislature.
Senator David moved that the Joint Rules of the Fifty-seventh Oklahoma Legislature continue for the First Extraordinary Session of the Fifty-seventh Oklahoma Legislature, which motion was declared adopted.
Senator David moved that the Senate stand in recess to the Call of the Chair, which motion was declared adopted.
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The Senate reconvened with Senator Stanislawski presiding.
Senator Stanislawski questioned the presence of a quorum and ordered the roll called, following which a quorum was declared present.
MESSAGE FROM THE HOUSE
Advising passage of and transmitting for consideration Engrossed HCRs 1001 and 1002.
HCR 1001 – By McCall and Sims of the House and Treat of the Senate. A Concurrent Resolution relating to the Catastrophic Health Emergency Powers Act and Executive Order No. 2020-12.
HCR 1002 – By McCall and Sims of the House and Treat of the Senate. A Concurrent Resolution relating to adjournment of the Legislature for a period in excess of three days; and providing reciprocal consent of the Oklahoma House of Representatives and the Oklahoma State Senate to adjournment for a period of time in excess of three days for the duration of the 1st Extraordinary Session of the 57th Oklahoma Legislature.
The above-numbered measures were read the first time.
UNANIMOUS CONSENT REQUEST DIRECT TO CALENDAR
Senator Treat asked unanimous consent to refer HCR 1001 direct to the Calendar for consideration, which was the order.
GENERAL ORDER
HCR 1001 by McCall and Sims of the House and Treat of the Senate was called up for consideration.
HCR 1001 was adopted upon motion of Senator Treat and properly signed and ordered returned to the Honorable House.
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UNANIMOUS CONSENT REQUEST DIRECT TO CALENDAR
Senator David asked unanimous consent to refer HCR 1002 direct to the Calendar for consideration, which was the order.
GENERAL ORDER
HCR 1002 by Echols of the House and David of the Senate was called up for consideration.
HCR 1002 was adopted upon motion of Senator Treat and properly signed and ordered returned to the Honorable House.
Senator David moved that when the clerk's desk is clear, the Senate stand adjourned to Call of the Chair, which motion prevailed.
MESSAGE FROM THE HOUSE
Advising the signing of and transmitting for signature Enrolled HCRs 1001 and 1002.
The above-numbered enrolled measures were properly signed and ordered returned to the Honorable House.
Pursuant to the David motion the Senate adjourned at 11:45am to meet at the Call of the Chair.