1191 Senate Journal First Regular Session of the Fifty-fifth Legislature of the State of Oklahoma Sixty-first Legislative Day, Tuesday, May 19, 2015 The Senate was called to order by Senator Sykes. Roll Call: Present: Allen, Anderson, Barrington, Bass, Bice, Bingman, Boggs, Brecheen, Brinkley, Brooks, Crain, Dahm, David, Fields, Floyd, Ford, Fry, Garrison, Griffin, Halligan, Holt, Jech, Jolley, Justice, Loveless, Marlatt, Matthews, Mazzei, Newberry, Paddack, Pittman, Quinn, Schulz, Sharp, Shaw, Silk, Simpson, Smalley, Sparks, Standridge, Stanislawski, Sykes, Thompson, Treat, Wyrick and Yen.—46. Excused: Brown and Shortey.—2. Senator Sykes declared a quorum present. The prayer was offered by Dr. Ray L. Earley, Westport Baptist Church, Cleveland, the guest of Senator Griffin. REPORT OF ENGROSSED AND ENROLLED MEASURES SBs 173, 438, 502 and 789 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for signature of the Speaker. SR 37 was correctly enrolled, properly signed and ordered transmitted to the Secretary of State. 1192 Senate Journal PENDING CONSIDERATION OF CCR The CCR on SB 410 was adopted upon motion of Senator Brooks. SB 410, as amended in conference, was read at length. On the question of passage of the bill, the vote resulted as follows: Aye: Allen, Anderson, Barrington, Bass, Bice, Bingman, Boggs, Brecheen, Brinkley, Brooks, Crain, Dahm, David, Fields, Floyd, Ford, Fry, Garrison, Griffin, Halligan, Holt, Jech, Jolley, Justice, Loveless, Marlatt, Matthews, Mazzei, Newberry, Paddack, Pittman, Quinn, Schulz, Sharp, Shaw, Silk, Simpson, Smalley, Sparks, Standridge, Stanislawski, Sykes, Thompson, Treat, Wyrick and Yen.--46. Excused: Brown and Shortey.--2. The bill passed. SB 410, together with the conference committee report thereon, was ordered transmitted to the Honorable House. MOTION TO RECONSIDER VOTE Senator Bingman moved to reconsider the vote whereby SB 839 failed, which motion was declared adopted upon roll call as follows: Aye: Barrington, Bice, Bingman, Brinkley, Brooks, Crain, David, Fields, Floyd, Ford, Fry, Garrison, Griffin, Halligan, Holt, Jolley, Justice, Loveless, Marlatt, Matthews, Mazzei, Newberry, Paddack, Pittman, Quinn, Schulz, Sharp, Shaw, Smalley, Sparks, Standridge, Stanislawski, Thompson, Treat and Yen.--35. Nay: Allen, Anderson, Bass, Boggs, Brecheen, Dahm, Jech, Silk, Simpson, Sykes and Wyrick.--11. Excused: Brown and Shortey.--2. THIRD READING SB 839 was considered further. On the question of passage of the bill, the vote resulted as follows: Aye: Barrington, Bingman, Brinkley, Crain, David, Fields, Floyd, Ford, Fry, Griffin, Halligan, Holt, Jolley, Justice, Loveless, Marlatt, Matthews, Mazzei, Newberry, Paddack, Pittman, Quinn, Schulz, Sharp, Shaw, Smalley, Sparks and Thompson.--28. Sixty-first Legislative Day, Tuesday, May 19, 2015 1193 Nay: Allen, Anderson, Bass, Bice, Boggs, Brecheen, Brooks, Dahm, Garrison, Jech, Silk, Simpson, Standridge, Stanislawski, Sykes, Treat, Wyrick and Yen.--18. Excused: Brown and Shortey.--2. The bill passed. Senator Anderson was recognized and attempted to serve notice to reconsider the vote whereby SB 839 passed. Under the authority provided in Senate Rule 1-6, the Chair ruled the notice out of order pursuant to the provisions of Mason’s Manual of Legislative Procedure, Section 457-2: “To prevent abuse of the motion to reconsider, the same question cannot be reconsidered a second time.” SB 839 was referred for engrossment. PENDING CONSIDERATION OF HAs HAs to SB 395 were concurred in upon motion of Senator Mazzei. SB 395, as amended by the Honorable House, was read at length. On the question of passage of the bill and emergency, the vote resulted as follows: Aye: Anderson, Barrington, Bass, Bice, Bingman, Boggs, Brinkley, Brooks, Crain, David, Fields, Ford, Fry, Garrison, Griffin, Halligan, Holt, Jech, Jolley, Justice, Loveless, Mazzei, Newberry, Quinn, Schulz, Sharp, Shaw, Silk, Simpson, Smalley, Standridge, Stanislawski, Thompson, Treat and Yen.--35. Nay: Allen, Brecheen, Dahm, Floyd, Marlatt, Matthews, Paddack, Pittman, Sparks, Sykes and Wyrick.--11. Excused: Brown and Shortey.--2. The bill and emergency passed. House amendments were properly signed and the above-numbered bill was referred for enrollment. 1194 Senate Journal PENDING CONSIDERATION OF CCR The CCR on SB 372 was adopted upon motion of Senator Paddack. SB 372, as amended in conference, was read at length. On the question of passage of the bill, the vote resulted as follows: Aye: Anderson, Barrington, Bass, Bice, Bingman, Boggs, Brinkley, Brooks, Crain, David, Fields, Floyd, Ford, Fry, Garrison, Griffin, Halligan, Holt, Jech, Justice, Loveless, Marlatt, Matthews, Paddack, Pittman, Schulz, Sharp, Shaw, Simpson, Smalley, Sparks, Thompson, Treat and Yen.--34. Nay: Allen, Brecheen, Dahm, Jolley, Mazzei, Newberry, Quinn, Silk, Standridge, Stanislawski, Sykes and Wyrick.--12. Excused: Brown and Shortey.--2. The bill passed. SB 372, together with the conference committee report thereon, was ordered transmitted to the Honorable House. UNANIMOUS CONSENT REQUEST DIRECT TO CALENDAR Senator Silk asked unanimous consent to refer SR 38 direct to the Calendar for consideration, which was the order. GENERAL ORDER SR 38 by Silk was called up for consideration. All other members of the Senate asked to coauthor SR 38, which was the order. SR 38 was adopted upon motion of Senator Silk and referred for enrollment. Sixty-first Legislative Day, Tuesday, May 19, 2015 1195 EXECUTIVE NOMINATIONS The following executive nominations have been approved by the committees named: Allen, Stephen, Jenks, to the Oklahoma Water Resources Board, to serve a seven-year term ending May 14, 2021, succeeding Rudy Herrmann. (Energy Committee) Motion to confirm made by Senator Mike Mazzei. Barnes, David, Edmond, to the State Fire Marshal Commission, to serve a five-year term ending July1, 2020, succeeding Paul Gallahar. (General Government Committee) Motion to confirm made by Senator Clark Jolley. Baxter, Leo J., Lawton, to the State Board of Education, to serve a four-year term ending April 2, 2019, succeeding himself. (Education Committee) Motion to confirm made by Senator Don Barrington. Beller, Jack, Norman, to the Physician Manpower Training Commission, to serve a five-year term ending June 5, 2020, succeeding Dr. Michael Talley. (Health and Human Services Committee) Motion to confirm made by Senator Rob Standridge. Benson, Allen, Ardmore, to the Board of Regents of Murray State College, to serve a seven-year term ending June 1, 2022, succeeding himself. (Education Committee) Motion to confirm made by Senator Frank Simpson. Brownlee, Stanley, Enid, to the Board of Regents of the Northern Oklahoma College, to serve a five-year term ending June 30, 2020, succeeding Lynn Smith. (Education Committee) Motion to confirm made by Senator Patrick Anderson. Burdick, J. Clem, Edmond, to the Oklahoma Mining Commission, to serve a seven- year term ending January 1, 2022, succeeding himself. (Energy Committee) Motion to confirm made by Senator Clark Jolley. Caldwell, Warren A. "Tony", Oklahoma City, to the Board of Juvenile Affairs, to serve an unexpired term ending July 1, 2017, succeeding Richard Rice. (Health and Human Services Committee) Motion to confirm made by Senator Ron Sharp. Clark, Bill, Jr., Roff, to the Oklahoma Conservation Commission, to serve a five-year term ending June 30, 2020, succeeding James Grego. (Energy Committee) Motion to confirm made by Senator Susan Paddack. Cox, Robert C., Altus, to the Oklahoma Space Industry Development Authority, to serve a four-year term ending June 30, 2019, succeeding himself. (Energy Committee) Motion to confirm made by Senator Mike Schulz. 1196 Senate Journal Cunningham, James E., Lawton, to the Oklahoma Space Industry Development Authority, to serve a four-year term ending June 30, 2019, succeeding himself. (Energy Committee) Motion to confirm made by Senator Randy Bass. Day, Bruce, Nichols Hills, to the Commission for Educational Quality and Accountability, to serve a four-year term ending June 30, 2019, succeeding Renee Porter. (Education Committee) Motion to confirm made by Senator Ervin Yen. Ferrell, Shannon, Stillwater, to the Environmental Quality Board, to serve a five-year term ending January 31, 2020, succeeding himself. (Energy Committee) Motion to confirm made by Senator Jim Halligan. Foust, Verna, Yukon, to the Forensic Review Board, to serve a five-year term ending December 31, 2020, succeeding herself. (Public Safety Committee) Motion to confirm made by Senator Ron Justice. Jayroe-Gamble, Jane, Oklahoma City, to the Oklahoma Arts Council, to serve a three- year term ending July 1, 2018, succeeding herself. (Education Committee) Motion to confirm made by Senator Ervin Yen. Jordan, Cynthia "Cyd", Ardmore, to the Board of Trustees for the University Center of Southern Oklahoma, to serve a nine-year term ending June 30, 2023, succeeding Billy Scott Landgraf. (Education Committee) Motion to confirm made by Senator Frank Simpson. Keating, Daniel G., Tulsa, to the State Board of Education, to serve a four-year term ending April 2, 2019, succeeding himself. (Education Committee) Motion to confirm made by Senator Gary Stanislawski. King, Garrett, Weatherford, to the Oklahoma Educational Television Authority, to serve an unexpired term ending June 30, 2019, succeeding Jerry Nye. (Education Committee) Motion to confirm made by Senator Mike Schulz. Klutts, Kurt, Poteau, to the Oklahoma Mining Commission, to serve an unexpired