1 Senate Journal First Regular Session of the Fifty-third Legislature of the State of Oklahoma First Legislative Day, Tuesday, January 4, 2011 Pursuant to Article V, Section 26, of the Constitution of the State of Oklahoma, the Senate of the First Regular Session of the Fifty-third Legislature assembled in its Chamber at 12:00 noon. The President of the Senate, Lieutenant Governor Askins, called the Senate to Order. The invocation was offered by Pastor Johnny Bilby, Allen Freewill Baptist Church of Sapulpa. The roll call was ordered on the twenty-four hold over members of the Senate: Present: Anderson, Barrington, Crain, Eason McIntyre, Ellis, Ford, Garrison, Halligan, Jolley, Justice, Lamb, Laster, Lerblance, Marlatt, Mazzei, Newberry, Nichols, Paddack, Reynolds, Russell, Stanislawski, Wilson and Wyrick.—23. Excused: Adelson.—1. COMMUNICATION Lieutenant Governor Askins directed the following Communication from the State Election Board be read on the certification of the newly elected members of the Senate. November 12, 2010 The Honorable Brian Bingman President Pro Tempore, Oklahoma State Senate State Capitol Oklahoma City, Oklahoma 73105 2 Senate Journal Sir: Upon the face of the returns of the General Election, November 2, 2010, certified to this office by the several County Election Boards of the State, the candidates named in the list attached appear to have been regularly elected as Members of the Oklahoma State Senate for the districts indicated. Certificates of Election have been issued to them by this Board, entitling each to participate in the preliminary organization of the Senate. NAME POL. ADDRESS DIST. NO. Sean Burrage D Claremore 2 Mark Allen R Spiro 4 Josh Brecheen R Coalgate 6 Roger Ballenger D Okmulgee 8 Eddie Fields R Wynona 10 Brian Bingman R Sapulpa 12 Frank Simpson R Ardmore 14 John Sparks D Norman 16 Kim David R Wagoner 18 David Myers R Ponca City 20 Rob Johnson R Kingfisher 22 Anthony Sykes R Moore 24 Tom Ivester D Sayre 26 Harry Coates R Seminole 28 David Holt R Oklahoma City 30 Randy Bass D Lawton 32 Rick Brinkley R Owasso 34 Bill Brown R Broken Arrow 36 Mike Schulz R Altus 38 Cliff Branan R Oklahoma City 40 Cliff A. Aldridge R Choctaw 42 Ralph Shortey R Oklahoma City 44 Andrew Rice D Oklahoma City 46 Connie Johnson D Oklahoma City 48 Sincerely, /s/PAUL ZIRIAX, Secretary State Election Board First Legislative Day, Tuesday, January 4, 2011 3 OATH OF OFFICE Lieutenant Governor Askins announced that the Official Oath of Office as required by the Constitution was administered to twenty-three of the newly elected members on November 16, 2010 by Vice Chief Justice Steven W. Taylor and to Senator Andrew Rice on November 5, 2010 by Justice Rudolph J. Hargrave of the Oklahoma Supreme Court. Lieutenant Governor Askins ordered the roll called on the newly elected members of the Senate. Present: Aldridge, Allen, Ballenger, Bass, Bingman, Branan, Brecheen, Brinkley, Brown, Burrage, Coates, David, Fields, Holt, Ivester, Johnson (C), Johnson (R), Myers, Rice, Schulz, Shortey, Simpson, Sparks and Sykes.—24. Lieutenant Governor Askins declared a quorum present. ELECTION OF PRESIDENT PRO TEMPORE Senator Schulz moved that Senator Brian Bingman be elected President Pro Tempore of the Senate for the Fifty-third Legislature, which motion was seconded by Senator Andrew Rice. The motion was declared adopted upon roll call as follows: Ayes: Aldridge, Allen, Anderson, Ballenger, Barrington, Bass, Bingman, Branan, Brecheen, Brinkley, Brown, Burrage, Coates, Crain, David, Eason McIntyre, Ellis, Fields, Ford, Garrison, Halligan, Holt, Ivester, Johnson (C), Johnson (R), Jolley, Justice, Lamb, Laster, Lerblance, Marlatt, Mazzei, Myers, Newberry, Nichols, Paddack, Reynolds, Rice, Russell, Schulz, Shortey, Simpson, Sparks, Stanislawski Sykes, Wilson and Wyrick.—47. Excused: Adelson.—1. Having been duly elected by a majority of the members of the Senate, Senator Bingman was declared the President Pro Tempore of the Senate for the Fifty-third Legislature. Senator Lamb moved that the President appoint a committee to escort President Pro Tempore Bingman to the President’s desk. The motion was declared adopted and the President appointed Senators David, Holt and Allen as the special committee. Lieutenant Governor Askins addressed the Senate. 4 Senate Journal Lieutenant Governor Askins, on behalf of the Senate, congratulated President Pro Tempore Bingman and handed the gavel to the President Pro Tempore. President Pro Tempore Bingman delivered the following address: Thank you, Madam President, Senator Schulz and Senator Rice. I am humbled to be here today, and to lead the Oklahoma State Senate. Before I go further, I want to introduce and thank my family, without their love, understanding and patience; I would be unable to serve the citizens of Creek County and the great people of Oklahoma. Senators, I am optimistic. We face challenges, but our history is marked by people who have achieved excellence in spite of adversity. I am reminded of an Oklahoma oilman known as King of the Wildcatters Tom Slick, known early in his career as “dry hole Slick” because he had managed so many failed ventures. Tom Slick never quit trying to succeed no matter how many times he failed. Oftentimes allowing people, businesses and institutions the freedom to succeed includes allowing them the freedom to fail. In Oklahoma at that time, still largely an unknown frontier for much of America, Tom Slick enjoyed the blessings of freedom through successes and failure. He learned from his mistakes and reaped rewards from his hard work. He was doggedly determined. In 1912, his fortunes changed when he struck the Wheeler Number One Well in Drumright, discovering the Cushing Oil Field. Entrepreneurs like Tom Slick have brought change and created wealth and opportunity that does not otherwise exist. We need private-sector jobs and that requires an environment conducive to entrepreneurs. We should never allow government to get in the way. Recently we have seen promising movement from companies like Boeing, bringing 550 highly skilled jobs to Oklahoma City from California. Baker Hughes announced the expansion of its northeast Oklahoma operation which will result in more than 600 more jobs. These developments are no accident; reforms to improve our business climate in Oklahoma are paying off. We were recently ranked in the top 10 for states friendly to business, but there is more to do. As I’ve said before, Oklahoma is open for business and let the world know we are coming to get your jobs! It will require bold leadership to bring about extraordinary results. It is my challenge to you, my fellow senators, and to Gov. Fallin and to our colleagues in the House. It is time to be bold, to be the grandest state in the land. In 103 years of statehood, we have been through crises and we are now in another season of economic stress. Unlike the federal government, our budget must be balanced in First Legislative Day, Tuesday, January 4, 2011 5 the wake of a shortfall that is estimated at $600 million. State pensions have an unfunded liability totaling more than $16 billion. We have made great strides in recent years with education reforms and funding, infrastructure improvements and tax reductions. But our future is in jeopardy if we do not correctly address our financial deficit. I look up at my grandchildren and ask myself if I will leave this place better for them or leave problems for them to clean up? Let the Oklahoma Legislature never be like Congress in Washington D.C. — self-serving with little regard for future generations. We can continue down our current path to create prosperity and attract jobs or we can return to the past. The choice is ours. We can pass our most pressing problems on to the next generation or we can courageously confront the problems that hold us back. State Government -- like Oklahoma families -- must learn to live within its means. We must remember who we work for and always know that it is our job to serve and provide services at affordable levels. We must remember it is their money, not ours. When they cut back; we cut back. It's about setting priorities. If you believe in funding education, in building our transportation infrastructure, in upholding our promise to fund retired teachers and workers' pensions, then you must understand that to maintain this course, our government is due for substantial change. Our children cannot be neglected; the education we provide them will determine the caliber of society we maintain in the future. There are third world countries that outperform some of our schools in testing and that is not the fault of our children, but the consequence of US failing to expect more from them. Funding education has always been a priority, but money alone will not solve these problems. (Senator Stanislawski)We do need to recognize that creativity and learning are not limited to the classroom, and in an information society there are other options outside of traditional schooling that we should explore. (Senator Eason-McIntyre) We must allow parents the freedom to choose the place of their child’s education and bring accountability and competitiveness to our schools. Our children deserve the best and we need to bring our system up to 21st century standards. Long-term unfunded liabilities threaten our financial security, which is why I have created the Select Committee on Pensions to address a multi-billion-dollar problem that we can no longer afford to ignore. Senator Mazzei has worked diligently on this issue and I am confident that this committee under his leadership will find solutions. The current system is unsustainable and has the potential to hurt our bond rating. It will take courage to fix, but we must fulfill our obligations.