75 Senate Journal First Regular Session of the Forty-ninth Legislature of the State of Oklahoma Second Legislative Day, Monday, February 3, 2003 The Senate was called to order by Senator Rozell. Roll Call: Present: Aldridge, Branan, Brogdon, Cain, Capps, Coates, Coffee, Corn, Crutchfield, Dunlap, Easley, Fair, Fisher, Ford, Gumm, Harrison, Helton, Hobson, Horner, Johnson, Kerr, Laughlin, Lawler, Leftwich, Littlefield, Maddox, Milacek, Monson, Morgan, Myers, Nichols, Price, Pruitt, Rabon, Reynolds, Riley, Robinson, Rozell, Shurden, Smith, Snyder, Stipe, Wilcoxson, Wilkerson, Williams and Williamson.—46. Excused: Taylor.—1. Vacancy: District 17.—1. Senator Rozell declared a quorum present. The prayer was offered by Reverend Wayne Schoonover, Liberty Heights Chapel, Lawton, the guest of Senator Helton. COMMUNICATION The following was received from the Secretary of the State Election Board and ordered printed in the Journal: December 3, 2002 The Honorable Frank Keating The Honorable Kay Dudley Governor of Oklahoma Secretary of State 212 State Capitol 101 State Capitol Oklahoma City, Oklahoma 73105 Oklahoma City, Oklahoma 73105 76 Senate Journal Dear Governor Keating and Secretary Dudley: Pursuant to 26 O.S. Section 12-119, I hereby irrevocably tender my resignation as State Senator for District 17 to be effective January 12, 2003, at 11:59 pm. I further sincerely request that a filing period and special election dates to fill this office be set at the earliest practicable date in order to insure that the citizens of Senate District 17 are represented during the upcoming legislative session. Thank you for your prompt attention to this important matter. Please do not hesitate to contact me should you have any questions or need additional information. Sincerely, /s/Brad Henry State Senator INTRODUCTIONS Senator Branan introduced his wife, Connell; and Senator Coates introduced his nephew, Dalton, and his wife, Betty, to the Senate. MESSAGE FROM THE HOUSE Advising passage of and transmitting for consideration Engrossed HCR 1001. HCR 1001 – By Adair, McCarter, Adkins, Armes, Askins, Balkman, Benge, Blackburn, Blackwell, Bonny, Boren, Braddock, Brannon, Calvey, Carey, Cargill, Case, Claunch, Coleman, Covey, Cox, Dank, Davis, Deutschendorf, DeWitt, Dorman, Easley, Eddins, Ellis, Ericson, Erwin, Ferguson, Gilbert, Graves, Greenwood, Hamilton, Harrison, Hastings, Hefner, Hiett, Hilliard, Hutchison, Ingmire, Jones, Kirby, Lamons, Langmacher, Leist, Lerblance, Lindley, Liotta, Maddux, McClain, McIntyre, Miller (Doug), Miller (Ray), Mitchell, Morgan (Danny), Morgan (Fred), Nance, Nations, Newport, O'Neal, Paulk, Perry, Peters, Peterson, Pettigrew, Phillips, Piatt, Plunk, Pope, Reynolds, Rice, Roan, Roberts, Roggow, Smaligo, Smith (Dale), Smith (Hopper), Smithson, Staggs, Stanley, Steele, Sullivan, Sweeden, Taylor, Tibbs, Toure, Trebilcock, Turner, Tyler, Vaughn, Walker, Wells, Wilson, Wilt, Winchester, Worthen, Wright and Young of the House and Hobson and Helton of the Senate. A Concurrent Resolution commending Oklahoma military personnel being sent to the Middle East; and directing distribution. The above-numbered measure was read the first time. Second Legislative Day, Tuesday, February 3, 2003 77 UNANIMOUS CONSENT REQUEST DIRECT TO CALENDAR Senator Helton asked unanimous consent to suspend Rule 5-4 and refer HCR 1001 direct to the Calendar for consideration, which was the order. GENERAL ORDER HCR 1001 by Adair et al of the House and Hobson and Helton of the Senate was called up for consideration. Senator Gumm and all other members of the Senate asked to coauthor HCR 1001, which was the order. HCR 1001 was adopted upon motion of Senator Helton and properly signed and ordered returned to the Honorable House. FIRST READING The following were introduced and read the first time: SB 1 − By Fisher of the Senate and Peters of the House. An Act relating to children; creating the Oklahoma Partnership for School Readiness Act; providing short title; stating legislative intent; creating the Oklahoma Partnership for School Readiness Board; providing for membership of Board; setting term length for certain members; providing for appointment of subsequently appointed members; providing for organizational meeting by certain date; providing for election of chair and vice-chair; authorizing travel reimbursement for members; exempting members from dual-office- holding provisions; authorizing Board to establish guidelines; authorizing Board to accept certain appropriations, gifts and grants; authorizing Board to enter into contracts for certain purposes; authorizing Board to appoint subcommittees; stating responsibilities of Board; requiring annual report and specifying contents of report; providing for the hiring of an administrator for the Oklahoma Partnership for School Readiness; stating responsibilities of Administrator; exempting Administrator and staff from Oklahoma Merit System of Personnel Administration; requiring the Department of Human Services to provide certain support for the Board; authorizing organization of certain nonprofit corporation; authorizing Board to certify certain corporation which may assist in implementation of this act; providing criteria for purposes of certification; prohibiting state employee from serving as voting member of corporation; prohibiting voting by certain members of corporation; creating Joint Legislative Oversight Committee for the Oklahoma Partnership for School Readiness; stating composition of Committee; providing for appointment of members; providing for designation of cochairs; stating duty of Committee; providing for travel reimbursement; providing for staff support; and providing for codification. 78 Senate Journal SB 2 − By Riley. An Act relating to mines and mining; prohibiting approval of certain mining permits within certain distance of residential neighborhoods; stating exceptions; providing for codification; and declaring an emergency. SB 3 − By Leftwich. An Act relating to elections; amending 26 O.S. 2001, Section 20-101, which relates to the date of the presidential primary election; changing date of the Presidential Preferential Primary for certain political parties; and providing an effective date. SB 4 − By Lawler of the Senate and McCarter of the House. An Act relating to the Teachers’ Retirement System of Oklahoma; providing for applications to join a retired teachers’ organization and forms to withhold dues; requiring the System to provide such applications to join a retired teachers’ organization and forms authorizing withholding of dues to retiring members; requiring a retired teachers’ organization to provide and pay for the cost of such applications and forms; requiring the Teachers’ Retirement System of Oklahoma Board of Trustees’ approval of the authorization; limiting the System’s responsibility and liability in providing applications and authorization forms; limiting application of law to certain retired teachers’ organizations; providing qualifications for a retired teachers’ organization; providing for codification; providing an effective date; and declaring an emergency. SB 5 − By Wilcoxson. An Act relating to revenue and taxation; amending 68 O.S. 2001, Sections 1352 and 1375, which relate to the Oklahoma Sales Tax Code; modifying definition; specifying certain duty of Oklahoma Tax Commission; providing an effective date; and declaring an emergency. SB 6 − By Williams. An Act relating to schools; amending 70 O.S. 2001, Section 1210.508, which relates to the Oklahoma School Testing Program; deleting fourth-grade norm-referenced test requirement; deleting redundant language; requiring development, field-testing, and implementation of certain tests by certain deadlines; requiring State Board of Education to work with other states to establish a common test item bank; providing an effective date; and declaring an emergency. SB 7 − By Capps. An Act relating to the Oklahoma State Flower; declaring the “Oklahoma Rose” as the Oklahoma State Flower; providing for codification; and providing an effective date. SB 8 − By Wilkerson. An Act relating to retirement; exempting membership for certain members of the Oklahoma Law Enforcement Retirement System; allowing certain directors to make an election; providing for treatment of retirement status upon making election; restating limitation on certain benefits; preventing future service credit accumulation for certain members; providing for codification; and declaring an emergency. Second Legislative Day, Tuesday, February 3, 2003 79 SB 9 − By Leftwich. An Act relating to revenue and taxation; amending 68 O.S. 2001, Section 2802.1, as amended by Section 3, Chapter 476, O.S.L. 2002 (68 O.S. Supp. 2002, Section 2802.1), which relates to implementation of constitutional limit on fair cash value of real property for tax purposes; modifying definition; and providing an effective date. SB 10 − By Coates. An Act relating to labor; amending 40 O.S. 2001, Section 141.1, which relates to the Boiler and Pressure Vessel Safety Act; clarifying measurement; amending 59 O.S. 2001, Sections 1633 and 1634, which relate to the Oklahoma Welding Act; updating references; and providing an effective date. SB 11 − By Crutchfield. An Act relating to schools; providing certain bonus to eligible school psychologists, speech-language pathologists and audiologists; directing State Board of Education to pay bonus if funds available; directing State Board of Education to adopt rules which shall include certain criteria; stating school districts not liable for payment