1 HOUSE JOURNAL Second Regular Session of the Fifty-second Legislature of the State of Oklahoma First Legislative Day, Monday, February 1, 2010 Pursuant to Article V, Section 26, of the Constitution of the State of Oklahoma, the Second Regular Session of the House of Representatives for the Fifty-second Legislature assembled in the House Chamber at 12:00 o'clock noon. Speaker Benge called the House to order. The roll was called with 98 Members present. The following Members were excused: Kiesel, Ortega.—2. Vacancy: District 55.—1. The Speaker declared a quorum present. Prayer was offered by Pastor Matt Blair, Fellowship Church of Berryhill. Pastor Blair was sponsored by Speaker Benge. Upon motion of Representative Osborn, Pastor Blair was confirmed as House Chaplain for this legislative day and his prayer ordered printed in full as follows: “Father thank you for listening to us when we pray. Thank you for the men and women who stand here today. This is a special moment in time and this chamber that we are gathered in is a special place. It’s a place where laws are debated and voted on. Laws that affect how we live. Laws that affect the freedoms that we get to enjoy. And because these Representatives have been given such great responsibility and trust, I think it’s appropriate for us to begin this year by asking you for wisdom. I know that there will be difficult decisions that have to be made in this very challenging economic year. I know that with this many people voting on ALL the issues we face that we won’t all agree on how to move forward. So I’m not asking that we all agree on everything. I know that won’t happen. What I’m asking you for is to help us understand that the things that divide us are not nearly as important as the things that bring us together. 2 House Journal May we find common ground that will enable this great state to move forward. May that common ground start with those rights given to us from you – Life, Liberty, and the pursuit of Happiness. I pray that not one single piece of legislation would pass this year that would infringe upon those rights. For it was those very rights that motivated our Founding Fathers to begin this nation. May this body not become self-serving making deals for personal gain, but may each and every representative demonstrate servant leadership as he/she serves the great people of the State of Oklahoma. May each person standing in this chamber today understand that they are accountable to the citizens of this state but more importantly to you. May they understand that people all over this state are depending on them to be great stewards of what has been entrusted to them. Bless our President. Bless our Governor. Bless our Speaker. Bless every member of this body. Bless this state and may these men and women serve honorably and with integrity as Representatives of the Greatest State in the Union! In Jesus Name, Amen.” MILEAGE CHANGE The following mileage change was submitted: Name Mileage Amount Round Trip Due Tad Jones, Claremore and return 270 $135.00 OFFICE SUPPLIES AND POSTAGE Representative Jones moved that each House Member be given credit for five hundred pieces of mail per week to be used for official communications, and be authorized to purchase office supplies in the amount of $350.00, to be paid for by the House, and that the Speaker be authorized to purchase from time to time necessary postage, supplies and equipment to conduct the affairs of the House during the Second Regular Session of the Fifty-second Legislature, which motion was declared adopted. First Legislative Day, Monday, February 1, 2010 3 MESSAGE FROM THE GOVERNOR The following communication was received by the Office of the Speaker from the Officer of the Governor and ordered printed in the Journal as follows: July 14, 2009 The Honorable Brad Henry Governor of Oklahoma State Capitol, Suite 212 Oklahoma City, OK 73105 Governor Henry, My service as State Director of USDA Rural Development will begin tomorrow morning. I therefore respectfully submit my resignation as State Representative for Oklahoma’s 55th House District to be effective Wednesday, July 15, 2009 at 8:00 a.m. For the past five years I have thoroughly enjoyed working together, and certainly look forward to being a part of your efforts in my new capacity. Sincerely, /s/ Ryan McMullen CERTIFICATION OF HOUSE MEMBER Representative Jones moved that the Communication dated October 21, 2009 from the Secretary of the State Election Board to the Speaker of the House of Representatives and furnished to the Clerk of the House of Representatives naming Todd Russ as the person elected to House District 55 in the Special General Election be accepted as prima facie evidence of election to the House of Representatives and the above-named communication be printed in the House Journal, which motion was declared adopted. COMMUNICATION The following communication was received by the Office of the Speaker from the Oklahoma State Election Board and ordered printed as follows: October 21, 2009 The Honorable Chris Benge Speaker of the House of Representatives State Capitol Oklahoma City, Oklahoma 73105 4 House Journal Dear Rep. Benge: This is to certify that pursuant to the provisions of 26 O. S. 2001, § 12-109, the State Election Board on October 20, 2009, issued a Certificate of Election to Todd Russ, the nominee of the Republican Party, for the office of State Representative, District 55. I herewith transmit to you the official returns of the votes cast at the Special General Election held on October 13, 2009. TODD RUSS Republican Cordell 3,029 LARRY W. PECK Democrat Sentinel 2,388 Sincerely, /s/ PAUL ZIRIAX, Secretary State Election Board OATH OF OFFICE The official Oath of Office, as required by Article XV, Sections 1 and 2, Oklahoma Constitution was administered in the House Chamber to Representative-elect Russ on October 21, 2009 by Supreme Court Justice James Winchester. QUALIFICATION OF HOUSE MEMBERSHIP Representative Jones declared that whereas the Members of the House of Representatives have examined the above-named Communication, election returns and qualifications of Todd Russ and find him to have been duly elected to the House of Representatives for the Fifty-second Oklahoma Legislature. Representative Jones moved that the said representative-elect, Todd Russ, be declared duly elected and qualified to take his seat as a Member of the House of Representatives beginning from such time the Oath of Office was taken and continuing for the remainder of the Fifty-second Oklahoma Legislature, having taken the required Oath of Office and said Oath having been filed with the Secretary of State. The roll was ordered called on the Jones motion and resulted as follows: Aye: Armes, Auffet, Bailey, Banz, Billy, Blackwell, Brannon, Brown, Buck, Cannaday, Carey, Christian, Collins, Coody, Cooksey, Cox, Dank, Denney, Derby, DeWitt, Dorman, Duncan, Enns, Faught, Fields, Glenn, Hamilton, Harrison, Hickman, Hilliard, Holland, Hoskin, Inman, Jackson, Johnson, Jones, Jordan, Joyner, Kern, Key, Kirby, Kouplen, Lamons, Liebmann, Luttrell, Martin (Scott), Martin (Steve), McAffrey, First Legislative Day, Monday, February 1, 2010 5 McCullough, McDaniel (Jeannie), McDaniel (Randy), McNiel, McPeak, Miller, Moore, Morgan, Morrissette, Murphey, Nations, Nelson, Osborn, Ownbey, Peters, Peterson, Pittman, Proctor, Pruett, Renegar, Reynolds, Richardson, Ritze, Roan, Rousselot, Sanders, Schwartz, Scott, Sears, Shannon, Shelton, Sherrer, Shoemake, Shumate, Smithson, Steele, Sullivan, Terrill, Thompson, Thomsen, Tibbs, Walker, Watson, Wesselhoft, Williams, Wright (Harold), Wright (John), Mr. Speaker.--96. Excused: Jett, Kiesel, Ortega, Trebilcock.--4. Vacancy: Dist. 55.--1. Speaker Benge declared the motion adopted having received a majority of those elected to and constituting the House of Representatives and Representative Russ was duly seated in the House. ROLL CALL With Representative Russ duly seated in the House, 99 members were present. HOUSE OFFICERS AND COMMITTEES The Speaker announced that the organization and selection of officers and the membership of the standing committees continues for the Second Regular Session of the Fifty-second Legislature as follows: Chris Benge .................................................................................................Speaker Kris Steele..............................................................................Speaker Pro Tempore Tad Jones ..............................................................................Majority Floor Leader Ron Peters.....................................................First Assistant Majority Floor Leader Lisa Billy .............................................................. Assistant Majority Floor Leader George Faught ...................................................... Assistant Majority Floor Leader Dennis Johnson..................................................... Assistant Majority Floor Leader Charles Key .......................................................... Assistant Majority Floor Leader Todd Thomsen...................................................... Assistant Majority Floor Leader Harold Wright....................................................... Assistant Majority Floor Leader Mike Jackson ....................................................................................Majority Whip Marian Cooksey...................................................................Deputy Majority Whip Fred Jordan ..........................................................................Deputy