1153 Senate Journal Second Regular Session of the Fifty-third Legislature of the State of Oklahoma Fifty-ninth Legislative Day, Monday, May 21, 2012 The Senate was called to order by Senator David. Roll Call: Present: Adelson, Aldridge, Allen, Anderson, Ballenger, Barrington, Bass, Bingman, Branan, Brecheen, Brinkley, Brown, Burrage, Childers, Coates, Crain, David, Eason McIntyre, Ellis, Fields, Ford, Garrison, Griffin, Halligan, Holt, Ivester, Johnson (C), Johnson (R), Jolley, Justice, Laster, Lerblance, Marlatt, Mazzei, McAffrey, Newberry, Nichols, Paddack, Russell, Schulz, Shortey, Simpson, Sparks, Stanislawski, Sykes, Treat, Wilson and Wyrick.—48. Senator David declared a quorum present. The prayer was offered by Dr. Dennis Clark, First Christian Church, Guthrie, the guest of Senator Griffin. REPORT OF ENGROSSED AND ENROLLED MEASURES SCR 41 was correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration. SB 1001 and SCRs 23, 28 and 40 were each correctly enrolled, properly signed and ordered transmitted to the Honorable House for signature of the Speaker. SR 58 was correctly enrolled, properly signed and ordered transmitted to the Secretary of State. 1154 Senate Journal UNANIMOUS CONSENT REQUEST MOTION TO RECONSIDER VOTES Senator Schulz asked unanimous consent, which was granted, to suspend the provisions of Rule 12-21A and that all motions to reconsider votes be disposed of on the same day such notice is served. PENDING CONSIDERATION OF CCR The CCR on SB 1336 was adopted upon motion of Senator Branan. SB 1336, as amended in conference, was read at length. On the question of passage of the bill and emergency, the vote resulted as follows: Aye: Aldridge, Allen, Anderson, Ballenger, Barrington, Bass, Branan, Brecheen, Brinkley, Brown, Burrage, Childers, Coates, Crain, David, Eason McIntyre, Ellis, Fields, Ford, Garrison, Griffin, Halligan, Holt, Ivester, Johnson (C), Johnson (R), Jolley, Justice, Laster, Lerblance, Marlatt, Newberry, Nichols, Paddack, Russell, Schulz, Simpson, Sparks, Stanislawski, Sykes, Treat, Wilson and Wyrick.--43. Excused: Adelson, Bingman, Mazzei, McAffrey and Shortey.--5. The bill and emergency passed. SB 1336, together with the conference committee report thereon, was ordered transmitted to the Honorable House. MOTION TO RECONSIDER VOTE Senator Justice moved to reconsider the vote whereby HJR 1119 failed, which motion was declared adopted upon roll call as follows: Aye: Aldridge, Anderson, Barrington, Branan, Brinkley, Brown, Childers, Coates, Crain, David, Eason McIntyre, Ellis, Fields, Ford, Griffin, Halligan, Holt, Johnson (R), Justice, Marlatt, Newberry, Nichols, Paddack, Russell, Schulz, Simpson, Sparks and Stanislawski.--28. Nay: Allen, Ballenger, Brecheen, Burrage, Garrison, Ivester, Johnson (C), Laster, Lerblance, Wilson and Wyrick.--11. Excused: Adelson, Bass, Bingman, Jolley, Mazzei, McAffrey, Shortey, Sykes and Treat.--9. Fifty-ninth Legislative Day, Monday, May 21, 2012 1155 THIRD READING HJR 1119 was read for the third time at length. On the question of passage of the resolution, the vote resulted as follows: Aye: Aldridge, Anderson, Barrington, Bingman, Branan, Brinkley, Brown, Coates, Crain, David, Eason McIntyre, Fields, Ford, Griffin, Halligan, Holt, Johnson (R), Justice, Marlatt, Mazzei, Newberry, Nichols, Russell, Schulz, Simpson and Stanislawski.--26. Nay: Allen, Ballenger, Bass, Brecheen, Burrage, Childers, Ellis, Garrison, Ivester, Jolley, Laster, Lerblance, Paddack, Sparks, Sykes, Treat and Wyrick.--17. Excused: Adelson, Johnson (C), McAffrey, Shortey and Wilson.--5. The resolution passed. HJR 1119 was properly signed and ordered returned to the Honorable House. Senator Schulz moved that the Senate recess to the call of the Chair, which motion was declared adopted. * The Senate reconvened with Senator David presiding. Senator David questioned the presence of a quorum and ordered the roll called, following which a quorum was declared present. SCs NAMED Upon motion of Senator Schulz, Senate conferees were appointed as follows: SB 929 Newberry, Brinkley, Halligan, Ford, Ballenger, Eason McIntyre MESSAGES FROM THE HOUSE Returning the following bill, together with conference committee report thereon, advising adoption of conference committee report and passage of measure as amended: SB 259 - coauthored by Hardin of the House The above numbered measure, as amended in conference, was referred for enrollment. 1156 Senate Journal Advising fourth reading of and transmitting for signature Enrolled HB 3148 and HJR 1124. The above-numbered enrolled measures were, after fourth reading, properly signed and ordered returned to the Honorable House. Advising fourth reading of and returning Enrolled SB 1001. The above-numbered enrolled measure was referred to the Governor. Advising the signing of and returning Enrolled SCRs 23, 28 and 40. The above-numbered enrolled measures were transmitted to the Secretary of State. Advising rejection of CCR to the following bill, requesting further conference and naming same House conferees as follows: HB 2523 - GCCA MESSAGE FROM THE HOUSE CONFERENCE COMMITTEE REPORTS Transmitting the following bills, together with conference committee reports thereon, advising adoption of conference committee reports and passage of measures as amended: HB 2535 HB 2607 Conference committee reports were read on the above-numbered bills. PENDING CONSIDERATION OF CCR The CCR on SB 456 was adopted upon motion of Senator Mazzei. SB 456, as amended in conference, was read at length. On the question of passage of the bill and emergency, the vote resulted as follows: Aye: Adelson, Aldridge, Allen, Ballenger, Barrington, Bass, Bingman, Branan, Brecheen, Brinkley, Brown, Burrage, Childers, Coates, David, Eason McIntyre, Ellis, Fields, Ford, Garrison, Griffin, Holt, Ivester, Johnson (C), Johnson (R), Jolley, Justice, Fifty-ninth Legislative Day, Monday, May 21, 2012 1157 Laster, Lerblance, Marlatt, Mazzei, Newberry, Nichols, Paddack, Russell, Schulz, Shortey, Simpson, Stanislawski, Sykes, Treat, Wilson and Wyrick.--43. Excused: Anderson, Crain, Halligan, McAffrey and Sparks.--5. The bill and emergency passed. SB 456, together with the conference committee report thereon, was ordered transmitted to the Honorable House. PENDING CONSIDERATION OF CCR The CCR on SB 1235 was adopted upon motion of Senator Mazzei. SB 1235, as amended in conference, was read at length. On the question of passage of the bill, the vote resulted as follows: Aye: Adelson, Aldridge, Allen, Ballenger, Barrington, Bass, Bingman, Branan, Brecheen, Brinkley, Brown, Burrage, Childers, Coates, David, Eason McIntyre, Ellis, Fields, Ford, Garrison, Griffin, Holt, Ivester, Johnson (C), Johnson (R), Jolley, Justice, Laster, Lerblance, Marlatt, Mazzei, Newberry, Nichols, Paddack, Russell, Schulz, Shortey, Simpson, Stanislawski, Sykes, Treat, Wilson and Wyrick.--43. Excused: Anderson, Crain, Halligan, McAffrey and Sparks.--5. The bill passed. SB 1235, together with the conference committee report thereon, was ordered transmitted to the Honorable House. PENDING CONSIDERATION OF CCR The CCR on SB 1464 was adopted upon motion of Senator Mazzei. SB 1464, as amended in conference, was read at length. On the question of passage of the bill and emergency, the vote resulted as follows: Aye: Adelson, Aldridge, Allen, Ballenger, Barrington, Bass, Bingman, Branan, Brecheen, Brinkley, Brown, Burrage, Childers, Coates, David, Eason McIntyre, Ellis, Fields, Ford, Garrison, Griffin, Holt, Ivester, Johnson (C), Johnson (R), Jolley, Justice, Laster, Lerblance, Marlatt, Mazzei, Newberry, Nichols, Paddack, Russell, Schulz, Shortey, Simpson, Stanislawski, Sykes, Treat and Wilson.--42. 1158 Senate Journal Excused: Anderson, Crain, Halligan, McAffrey, Sparks and Wyrick.--6. The bill and emergency passed. SB 1464, together with the conference committee report thereon, was ordered transmitted to the Honorable House. EXECUTIVE NOMINATIONS The following executive nominations have been approved by the Committees named: Atwood, Malcom J., Norman, to the Oklahoma State Athletic Commission, to serve a three year term ending June 30, 2014, succeeding himself. (Business and Commerce Committee) Motion to confirm made by Senator Jonathan Nichols. Blankenship, L. Steven, Broken Bow, to the Board of Trustees for the McCurtain County Higher Education Program, to serve a nine year term ending June 30, 2021, succeeding Gloria Gulley. (Education Committee) Motion to confirm made by Senator Jerry Ellis. Brock, John A., Tulsa, to the Oklahoma Capital Investment Board, to serve an unexpired term ending December 31, 2013, succeeding himself. (Finance Committee) Motion to confirm made by Senator Gary Stanislawski. Fair, Michael E., Oklahoma City, to the Oklahoma Employment Security Commission, to serve a six year term ending July 2, 2017, succeeding Susan Stoll. (Business and Commerce Committee) Motion to confirm made by Senator Greg Treat. Ficken, Richard N., Tulsa, to the Oklahoma State Credit Union Board, to serve a four year term ending October 11, 2016, succeeding Richard Forshee. (Business and Commerce Committee) Motion to confirm made by Senator Gary Stanislawski. Gibson, Aulena S., Oklahoma City, to the Quartz Mountain Arts and Conference Center and Nature Park, to serve a seven year term ending June 30, 2019, succeeding Jane Godlove. (Education Committee) Motion to confirm made by Senator Greg Treat. Gibson, Jeremy D., Tulsa, to the Oklahoma Board of Private Vocational Schools, to serve an unexpired term ending