Senate Journal Jan 01, 1983

FIRST REGULAR SESSION

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March 24, 1983 April 11, 1833Msy 26, 1983 May 31, 1933

Adjourned June 23, 1983

RRST EXTRAORDifORY SESSiONConvenad September IS, 1983 Adjourned September 23, 1963

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JOURNALof the

SENATEFIRST REGULAR SESSION

ANDFIRST EXTRAORDINARY SESSION

OF THETHIRTY-NINTH LEGISLATURE

OF OKLAHOMA 1983

FIRST REGULAR SESSIONConvened January 4, 1983

Recessed ReconvenedMarch 24, 1983 April 11, 1983May 26, 1983 May 31, 1983

Adjourned June 23, 1983

FIRST EXTRAORDINARY SESSIONConvened September 19, 1983 Adjourned September 23, 1983

IN MEMORIAM

COBB, JOE BAILEY 11-17-09 — 10-12-82

CUMMINS, DON J.8- 31-38— 10-24-82

FIELD, LEON B.9- 21-02 — 12-23-82

District 36

HALL, JAMES R,, JR, 10-19-22 — 1-7-83

WILSON, CHARLES DAVID 8-4-1900 — 3-21-83

District 54

District 1

District 30

District 49

District 30

District 30

19th through 24th Legislatures (1943 through 1954)


37th through 38th Legislatures (1979 through October 24, 1982)

23rd through 29th Legislatures (1951 through 1964)

30th through 33rd Legislatures (1965 through 1972)

34th through 37th Legislatures (1973 through September 30, 1979)



....... ..

Senate Journal

OFFICERS OF THE SENATE

1ST REGULAR SESSION

39TH LEGISLATURE

1983

SPENCER BERNARD, Rush Springs ..................................................................... President

MARVIN YORK, Oklahoma City ..................................................... President Pro Tempore

WILLIAM M. SCHUELEIN, Miami ................................................ Majority Floor Leader

ROBERT V. CULLISON, Skiatook ................................. Assistant Majority Floor Leader

PAUL TALIAFERRO, Lawton ..........................................Assistant Majority Floor Leader

KENNETH K. LANDIS, Duncan .................................................................. Majority Whip

JERRY T. PIERCE, Bartlesville ....................................................... Minority Floor Leader

E.W. KELLER, Oklahoma City ........................................ Assistant Minority Floor Leader

JERRY L. SMITH, Tulsa ................................................................................ Minority Whip

LEE SLATER, Guthrie .............................................................................................. Secretary

Senate Journal

CALENDAR MONTHS1st Regular Session

39th Legislature 1983

(The 90 Legislative Days are shown in boldface type)

JANUARY FEBRUARY MARCHS M T W T F S S M T W T F S S M T W T F S

1 1 2 3 4 5 1 2 3 4 52 3 4 5 6 7 8 6 7 8 9 10 11 12 6 7 8 9 10 11 129 10 11 12 13 14 15 13 14 15 16 17 18 19 13 14 15 16 17 18 19

16 17 18 19 20 21 22 20 21 22 23 24 25 26 20 21 22 23 24 25 2623 24 25 26 27 28 29 30 31

27 28 27 28 29 30 31

APRIL MAY JUNES M T W T F S S M T W T F S S M T W T F S

1 2 1 2 3 4 5 6 7 1 2 3 43 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11

10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 1817 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 2524 25 26 27 28 29 30 29 30 31 26 27 28 29 30

(Oklahoma Supreme Court Opinion No. 22,184, filed March 26,1931, held 'Legislative Day” - and actually engaged in business.)

a day on which Legislature convened

Senate Journal XI

TABLE OF CONTENTS

Officers of the Senate .............................................................................................................. viiCalendar months, 1st Regular Session, 39th Legislature ..................................................... ixMembership of Senate .............................................................................................................xiiBills and Joint Resolutions Enacted into Law ......................................................................xivSenate Journal ......................................................................................................................1-870Senate Committees

Select ....................................................................................................................................874Special .................................................................................................................................874Standing ................................................................................................................................871

Interim and Special Committees ...........................................................................................875Bills referred to General Conference Committee on Appropriations ...............................885Bills referred to Special Conference Committees ...............................................................886Bills referred to Special Conference Committee

on Retirement Laws ............................................................................................................888Summary of Legislative Action ............................................................................................ 889Denotations .............................................................................................................................. 893Senate Bill Index .................................................................................................................... 895Senate Joint Resolution Index ......................................................................................... 943Senate Concurrent Resolution Index ................................................................................... 947Senate Resolution Index .........................................................................................................951House Bill Index .................................................................................................................... 955House Joint Resolution Index ......................................................................................... 993House Concurrent Resolution Index ................................................................................... 995Personal Index of Members of the Senate ..........................................................................997General Index ....................................................................................................................... 1021Subject Index to Bills and Resolutions ................................................................................1039

First Extraordinary Session

Senate Journal ....................................................................................................................... 1-20Index of Bills and Resolutions ............................................................................................. 23General and Personal Index ................................................................................................. 25Subject Index ......................................................................................................................... 29

XU Senate Journal

MEMBERSHIP OF SENATETerms expire 1984

Name Address

William M. Schuelein Herbert Rozell

MiamiTahlequah

Gerald C. Dennis Antlers

Gene Stipe McAlester

John D. Luton Bernard J. McIntyre James W. McDaniel

MuskogeeTulsaFitzhugh

Bill Branch Pauls Valley

John L. Clifton Norman A. Lamb Bernice Shedrick Ray A. Giles

ShawneeEnidStillwaterPocasset

Jerry T. Pierce Bartlesville

Paul Taliaferro Rodger A. Randle Warren E. Green Robert E. Hopkins Jerry L. Smith Phil Watson Don Kilpatrick Ed Moore

Lawton Tulsa Tulsa Tulsa Tulsa Edmond Del City Oklahoma City

John R. McCune Tim Leonard

Oklahoma City Beaver

Charles R. Ford Tulsa

District contains part of county

County

Craig*, Delaware, Ottawa Adair, Cherokee, Muskogee*

Sequoyah*Choctaw, McCurtain*,

PushmatahaAtoka*, Coal*, Haskell*,

Latimer, Pittsburg Muskogee*Osage*, Tulsa*Coal*, Hughes, Murray*,

Okfuskee*, Pontotoc, Pottawatomie*

Cleveland*, Garvin, Grady*, McClain

Cleveland*, Pottawatomie* Garfield*, Kingfisher* Lincoln*, Payne*Blaine*, Caddo*,

Dewey, Grady*, Major* Craig*, Nowata,

Washington*Caddo*, Comanche*, Cotton Tulsa*Tulsa*Creek*, Pawnee*, Tulsa* Tulsa*Oklahoma*Cleveland*, Oklahoma* Canadian*, Cleveland*,

Oklahoma*Logan*, Oklahoma*Beaver, Cimarron, Ellis,

Harper, Roger Mills*, Texas, Woods*, Woodward

Mayes*, Tulsa*, Wagoner*

Dis Politrict tics

1 D

3 D

5 D

7 D9 D

11 D

13 D

15 D17 D19 R21 D

23 D

29 R31 D33 D35 R37 D39 R41 R43 D

45 R47 R

49 R51 R

Senate Journal Xlll

MEMBERSHIP OF SENATETerms expire 1986

Name Address County Dis Politrict tics

Stratton Taylor Claremore Mayes*, Rogers 2 DJoe Johnson Heavener LeFlore, McCurtain*,

Sequoyah* 4 DRoy A. Boatner Calera Atoka*, Bryan, Johnston,

Marshall 6 DRobert L. Miller Beggs Haskell*, McIntosh,

Muskogee*, Okmulgee,Sequoyah* 8 D

John L. Dahl Bamsdall Kay*, Noble, Osage*,Pawnee*, Payne* 10 D

John W. Young Sapulpa Creek*, Lincoln*, Okfuskee* 12 DDarryl F. Roberts Ardmore Carter, Love, Murray* 14 DLee Cate Norman Cleveland* 16 DWilliam P, O ’Connor Ponca City Alfalfa, Garfield*, Grant,

Kay*, Woods* 20 RRalph J. Butch Choate Hennessey Blaine*, Canadian*,

Kingfisher*, Logan*,Major-* 22 R

Kenneth K. Landis Duncan Caddo*, Grady*, Jefferson,Stephens 24 D

Gilmer N. Capps Snyder Beckham*, Greer, Jackson*,Kiowa, Tillman, Washita 26 D

A1 Terrill Lawton Caddo*, Comanche* 32 DRobert V. Cullison Skiatook Osage*, Tulsa*, Washington* 34 DFrank Rhodes Tulsa Tulsa*, Wagoner* 36 RWayne Winn Weatherford Beckham*, Custer, Harmon,

Jackson*, Roger Mills* 38 DMike Combs Bethany Oklahoma* 40 DJames F. Howell Midwest City Oklahoma* 42 DMarvin York Oklahoma City Oklahoma* 44 DBemest Cain Oklahoma City Oklahoma* 46 DE. Melvin Porter Oklahoma City Oklahoma* 48 DBill Dawson Seminole Lincoln*, Logan*,

Pottawatomie*, Seminole 50 DE.W. Keller Oklahoma City Canadian*, Oklahoma* 52 RGerald Ged Wright Broken Arrow Tulsa*, Wagoner* 54 R

District contains part of county

XIV Senate Journal

BILLS AND JOINT RESOLUTIONSof the

1st Session of the 39th Legislature, 1983

SENATE BILLS ENACTED INTO LAW

1 34 53 80 123 172 212 250 2945 35 54 81 124 173 216 254 2969 36 55 83 127 174 217 256 297

15 38 56 85 128 176 218 259 29918 39 57 88 134 179 219 262 30219 40 58 89 137 182 220 263 30520 41 59 90 138 186 221 267 31121 42 62 94 139 188 222 271 32022 43 64 95 141 189 223 274 32123 44 67 97 142 193 224 276 32725 45 69 99 145 195 228 279 32826 46 70 101 146 198 230 28028 47 71 103 148 199 237* 28229 48 72 104 160 200 238 28330 49 74 108 161 203 239 28531 50 76 116 163 205 240 28632 51 77 117 165 206 244 29233 52 79 119 169 209 247 293

Total: 155

SENATE JOINT RESOLUTIONS APPROVED BY GOVERNOR

516

2122

2329

Total: 6

SENATE BILLS VETOED

105 162 187 237*

* Became law over Governor’s Veto.

Total: 4

Senate Journal XV

HOUSE BILLS ENACTED INTO LAW

1002 1046 1067 1094 1144 1186 1239 1305 13561004 1048 1068 1096 1146 1188 1247 1306 13581005 1049 1069 1097 1147 1189 1248 1308 13601007 1050 1070 1098 1150 1196 1251 1314 13641014 1051 1071 1104 1156 1200 1252 1317 13671018 1052 1072 1106 1158 1206 1256 1318 13721020 1053 1073 1108 1160 1207 1262 1320 13801021 1054 1074 1113 1163 1208 1263 1321 13851022 1055 1075 1114 1165 1209 1266 1331 13931023 1056 1076 1115 1167 1210 1268 1332 13951025 1057 1077 1118 1169 1212 1271 1334 13991027 1058 1078 1119 1173 1215 1272 1335 14041031 1059 1080 1120 1174 1221 1275 1337 14061033 1060 1081 1122 1176 1223 1278 1338 14091035 1061 1082 1123 1179 1224 1281 1339 14161040 1062 1083 1126 1180 1228 1282 1341 14191042 1063 1085 1134 1181 1230 1286 1346 14221043 1064 1090 1136 1182 1231 1296 1350 14301044 1065 1091 1138 1183 1234 1299 1352 14331045 1066 1092 1141 1185 1235 1302 1353

Total: 179

HOUSE JOINT RESOLUTIONS APPROVED BY GOVERNOR100110021004

10101012

10151017

10231024

Total: 9

HOUSE JOINT RESOLUTION

FILED WITH SECRETARY OF STATE1021

Total: 1

HOUSE BILLS VETOED1327 1394

Total: 2

Senate JournalFirst Regular Session of the Thirty-ninth Legislature, 1983,

of the State of Oklahoma First Legislative Day, Tuesday, January 4,1983

Pursuant to Article V, Section 26, of the Constitution of the State of Oklahoma, the Senate of the First Regular Session of the Thirty-ninth Legislature assembled in its Chamber at 12:00 noon.

The President, Lieutenant Governor Spencer Bernard, called the Senate to order.

The invocation was offered by Mr. Hubert Pumlee, Minister, East Side Church of Christ, Duncan, the guest of President Bernard.

INTRODUCTION

President Bernard introduced the wife of the Chaplain, Mrs. Hubert Pumlee to the Senate.

President Bernard advised the Senate of the Special Election held August 24, 1982, to fill the vacancy created in District 37. The following Communication was read by the Secretary:

COMMUNICATION

December 20, 1982

The Honorable Marvin York President Pro Tempore of the Senate Oklahoma State Senate

State Capitol Building Oklahoma City, Oklahoma 73105

Dear Senator York:

After a canvass of the returns made by the Tulsa County Election Board of the results of the Special Election in State Senate District No. 37, held on August 24, 1982, the State Election Board presents the attached certification of vote for that office.

The State Election Board finds that RobertE. Hopkins received the highest number of votes and directs that a Certificate of Election be issued to him as provided by law.

Sincerely,

Lee Slater, Secretary/s/State Election Board

OATH OF OFFICE

The President announced that the Official Oath of Office, as prescribed by the Constitution, was administered to Senator Hopkins on September 8, 1982, by Justice Robert Simms.

The roll was ordered called on the 22 holdover members of the Senate:

Senate Journal

Present: Branch, Clifton, Dennis, Giles, Green, Hopkins, Kilpatrick, Lamb, Leonard, Luton, McDaniel, Moore, Pierce, Randle, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, and Watson.—21.

Excused: McCune.— 1.

President Bernard advised the Senate of the resignation of office of Senator Bill Crutcher on September 30, 1982, creating a

vacancy in District 2. The Senate was further advised of the death of Senator Don Cummins on October 24, 1982, creating a vacancy in District 54. The vacancies in both districts were filled in the General Election.

President Bernard directed the Secretary of the Senate to read a communication from the State Election Board certifying the results of the 26 newly-elected members to the Senate:

December 9, 1982

THE HONORABLE SPENCER T. BERNARD LIEUTENANT GOVERNOR OF OKLAHOMA PRESIDENT, OKLAHOMA STATE SENATE 211 STATE CAPITOL BUILDING OKLAHOMA CITY, OK 73105

Dear Sir:

Upon the face of the returns of the General Election, November 2, 1982, certified to this office by the several County Election Boards of the State, the following appear to have been regularly elected as members of the Okahoma 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 Oklahoma State Senate:

NAME POL. ADDRESS DIST. NO.Stratton Taylor D Claremore 2Joe Johnson D Heavener 4Roy Boatner D Calera 6Robert L. Bob Miller D Beggs 8John L. Dahl D Bamsdall 10Bernard J. McIntyre D Tulsa 11John W. Young D Sapulpa 12Darryl F. Roberts D Ardmore 14Lee Cate D Norman 16William P. Bill O ’Connor R Ponca City 20Ralph J. Butch Choate R Hennessey 22Kenneth K. Landis D Duncan 24Gilmer N. Capps D Snyder 26A1 Terrill D Lawton 32Robert V. Cullison D Skiatook 34Frank Rhodes R Catoosa 36Wayne Winn D Weatherford 38Mike Combs D Bethany 40

First Legislative Day, Tuesday, January 4, 1983

NAME POL. ADDRESS DIST. NOJames F. Howell D Midwest City 42Marvin York D Oklahoma City 44Bemest Cain D Oklahoma City 46E. Melvin Porter D Oklahoma City 48Bill Dawson D Seminole 50Charles R. Ford R Tulsa 51E.W. Keller R Bethany 52Gerald Ged Wright R Tulsa 54

Respectfully submitted,

LEE SLATER, Secretary/s/ State Election Board

OATHS OF OFFICE

President Bernard announced the Official Oaths of Office, as required by the Constitution, was administered to twenty-five of the newly-elected members on November 16, 1982, by Chief Justice Pat Irwin of the Supreme Court and to Senator Cate on December 9, 1982, by Judge Lester Reynolds of the Court of Appeals.

The President ordered the roll called on the 26 newly-elected members to the Senate:

Present: Boatner, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Ford, Howell. Johnson, Keller, Landis, McIntyre, Miller, O’Connor, Porter, Rhodes, Roberts, Taylor, Terrill, Winn, Wright, York and Young.—26.

President Bernard ordered the roll called on the entire membership of the Senate for the First Regular Session of the 39th Legislature.

Roll call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith,

Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.


President Bernard declared a quorum present.

SENATE RULES

Senator Terrill asked unanimous consent that the Rules of the 38th Legislature, with proposed amendments to Senate Rules 2, 7 and 10, be adopted as the temporary rules of the Senate for the 39th Legislature, which was the order.

Amendment No. 1Chapter 2, Rules 2-1 and 2-2 are amended

to read as follows:

RULE 2-1. OFFICERS. Officers of the Senate shall be:

The President, who shall be the Lieutenant Governor of the State of Oklahoma

The President Pro Tempore

The Majority Floor Leader

TWO [The] Assistant Majority Floor LEADERS [Leader]

Senate Journal

The Majority Whip

The Minority Floor Leader

The Assistant Minority Floor Leader

The Minority Whip

The Secretary.

RULE 2-2. ELECTION. The President Pro Tempore shall be elected by a majority of the members of the Senate when the Senate convenes on the first Tuesday after the first Monday in January of each odd-numbered year. The Majority Floor Leader, [the] TWO Assistant Majority Floor [Leader] LEADERS and the Majority Whip shall be designated by the Majority Caucus. The Minority Floor Leader, the Assistant Minority Floor Leader and the Minority Whip shall be designated by the Minority Caucus. The Secretary of the Senate, who shall not be a member of the Senate, shall be elected by a majority of the members following election of the President Pro Tempore and announcement of the aforementioned Majority and Minority offi-

Amendment No. 2Chapter 7, Rule 7-1 is amended to read as

follows:

RULE 7-1. TYPES AND NUMBER. There shall be two types of Senate committees, to-wit: standing committees and select committees. There shall be no more than [twelve (12)] FOURTEEN (14) standing committees, one of which shall be designated as the Policy Committee, one of which shall be designated as the Standards and Ethics Committee and one of which shall be designated as the Executive Nominations Committee. So many of the remainder as are appointed and approved by the Senate shall be designated as legislation committees. There shall be as many select committees as are appointed by the President Pro Tempore. The legislation committees shall be the fol

lowing: Appropriations, Finance, Judiciary, LAW ENFORCEMENT, Business and Labor, Education, General Government, TRANSPORTATION, Human Resources, Natural Resources and Agriculture.

Amendment No. 3Chapter 10, Rule 10-2 is amended to read

as follows:

RULE 10-2. SEATING. The selection of seats of the membership of the Majority Party shall be made on the first day of the First Session of a Legislature and shall be made by the choice of the individual members in the following order: President Pro Tempore, Majority Floor Leader, Assistant Majority Floor [Leader] LEADERS, Majority Whip, Chairman of the Appropriations Committee, Chairman of the Finance Committee and thereafter on the basis of seniority in the Senate; provided, that in cases of equal seniority in the Senate, service in the House of Representatives shall be considered as additional seniority. In the event of equal seniority, preference shall be determined by lot. The members of the Minority Party shall be seated in the same manner in the remaining seats. The President Pro Tempore shall be authorized to make exceptions to the foregoing procedures as he deems necessary.

Senator York announced the following standing committee appointments for the 39th Legislature:

STANDING COMMITTEES

AGRICULTURE

Capps, Chairman Dahl, Vice Chairman

CullisonJohnsonLambLandis

MoorePierceTaliaferro


APPROPRIATIONS

Randle, Chairman Kilpatrick, Vice Chairman

BoatnerCainChoateDennisLeonardMcDanielMillerO’Connor

RozellShedrickStipeTaylorTerrillWatsonWinnYoung

BUSINESS and LABOR

Kilpatrick, Chairman Luton, Vice Chairman

CliftonCombsCullisonGreenMcIntyre

PorterRobertsSmithWright

BoatnerCainCappsCateFord

EDUCATION

Howell, Chairman Taylor, Vice Chairman

LambLeonardShedrickTerrillWatson

EXECUTIVE NOMINATIONS

Miller, Chairman Winn, Vice Chairman

Branch Moore Johnson, ChairmanCapps O’Connor Cate, Vice ChairmanFord PorterGiles Rhodes Branch LandisGreen Roberts Dahl McCuneHopkins Wright Hopkins MooreHowell Howell Wright

CappsCullisonFordGiles

FINANCE

Combs, Chairman Roberts, Vice Chairman

Green McIntyre Rhodes

GENERAL GOVERNMENT

McDaniel, Chairman Taliaferro, Vice Chairman

Branch McCuneDahl O’ConnorJohnson RandleKeller RhodesLandis Winn

HUMAN RESOURCES

Porter, Chairman McIntyre, Vice Chairman

Luton McCune Rhodes

CateCombsHopkinsKeller

KellerLambLutonPierce

JUDICIARY

Clifton, Chairman Dawson, Vice Chairman

PorterSmithTaliaferro

LAW ENFORCEMENT

Senate Journal

NATURAL RESOURCES

Giles, Chairman Branch, Vice Chairman

Clifton HowellDawson RobertsFord SmithGreen Wright

POLICY

Terrill, Chairman Dahl, Vice Chairman

Cain PierceClifton RandleCombs ShedrickCullison StipeJohnson TaliaferroKilpatrick WatsonLandis YoungLeonard

STANDARDS and ETHICS

Boatner, Chairman Dennis, Vice Chairman

CateChoateDawsonKellerLambLuton

McCuneMcDanielMcIntyreRozellSmithTaylor

TRANSPORTATION

Rozell, Chairman Hopkins, Vice Chairman

ChoateDawsonDennisGilesMiller

MoorePierceStipeYoung

ELECTION OF SENATE OFFICERS

Senator Howell moved that Senator Marvin York be elected President Pro Tempore of the Senate for the 39th Legislature, which motion was seconded by Senators Stipe and Pierce, and adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—46.


Not Voting: York.— 1.

Senator Combs moved that the President appoint a committee to escort President Pro Tempore York to the President’s desk. The motion was declared adopted and the President appointed Senators Howell, Stipe and Pierce.

President Bernard, on behalf of the Senate, congratulated Senator York and handed the gavel to the President Pro Tempore. Senator York delivered a brief address to the members.

INTRODUCTIONS

Senator York introduced his wife and son, Mrs. Jo York and Yancy. Other wives of Senators introduced were: Mrs. Frances Schuelein, Mrs. Pat Ford, Mrs. Elaine Taliaferro, Mrs. Francie Cullison, Mrs. Carolyn Branch, Mrs. Mary Watson, Mrs. Gail Rhodes and Mrs. Linda Wright. Senator Porter introduced his son, Joel.


SENATE OFFICERS

President Pro Tempore York announced that pursuant to the Democratic Caucus held March 2, 1982, the following'members of the Majority Party were designated to serve in the leadership for the 39th Legislature:

Majority Floor Leader — Senator William Schuelein .

Two Assistant Majority Floor Leaders — Senator Paul Taliaferro and Senator Robert Cullison

Majority Whip — Senator Kenneth Landis

Senator Pierce announced that pursuant to the Republican Caucus held November 16, 1982, the following members were designated to serve as Minority Party Officers for the 39th Legislature:

Minority Floor Leader Pierce

Senator Jerry

Assistant Minority Floor Leader — Senator E.W. Keller

Minority Whip — Senator Jerry Smith

Senator Pierce announced that the Minority Party Officers and members had been seated in compliance with Senate Rule 10-2.

Senator Randle moved that Lee Slater be elected Secretary of the Senate.

Senator Clifton seconded the nomination of Lee Slater and moved that nominations for the office of Secretary of the Senate cease and Lee Slater be elected by acclamation, which motion was declared adopted.

In accordance with Senate Rule 10-2, the officers and members of the Majority Party were seated.

Senator Schuelein submitted the Report on Mileage Allowance and moved its adoption, which motion was declared adopted.

MILEAGE ALLOWANCE

Name ResidenceTotal Miles Round Trip

Amount Round Trip

Boatner, Roy A. Calera 332 S73.04Branch, Bill Pauls Valley 120 26.40Cain, Bemest H. Jr. Oklahoma City NoneCapps, Gilmer N. Snyder 278 61.16Cate, Lee Norman 52 11.44Choate, Ralph J. Butch Hennessey 130 28.60Clifton, John L. Shawnee 72 15.84Combs, Mike Bethany 15 3.52Cullison, Robert V. Skiatook 240 52.80Dahl, John L. Bamsdall 302 66.44Dawson, Bill Seminole 136 29.92Dennis, Gerald C. Antlers 324 71.28Ford, Charles R. Tulsa 240 52.80Giles, Ray A. Pocasset 90 19.80Green, Warren E. Tulsa 240 52.80Hopkins, Robert E. Tulsa 200 44.00Howell, James F. Midwest City NoneJohnson, Joe Heavener 420 92.40Keller, E.W. Oklahoma City None

8 Senate Journal

Total Miles AmountName Residence Round Trip Round Trip

Kilpatrick, Don Del City 22 4.84Lamb, Norman A. Enid 176 38.72Landis, Kenneth K. Duncan 200 44.00Leonard, Tim Beaver 450 99.00Luton, John D. Muskogee 284 62.48McCune, John R. Oklahoma City NoneMcDaniel, James W. Fitzhugh 200 44.00McIntyre, Bernard Tulsa 240 52.80Miller, Robert L. Beggs 250 55.00Moore, Ed Oklahoma City 20 4.40O’Connor, William P. Ponca City 220 48.40Pierce, Jerry T. Bartlesville 300 66.00Porter, E. Melvin Oklahoma City NoneRandle, Rodger A. Tulsa 240 52.80Rhodes, Frank Catoosa 270 59.40Roberts, Darryl F. Ardmore 196 43.12Rozell, Herbert Tahlequah 400 88.00Schuelein, William M. Miami 400 88.00Shedrick, Bernice Stillwater 134 29.48Smith, Jerry L. Tulsa 250 55.00Stipe, Gene McAlester 260 57.20Taliaferro, Paul Lawton 196 43.12Taylor, Stratton Claremore 270 59.40Terrill, A1 Lawton 204 44.88Watson, Phil Edmond 24 5.28Winn, Wayne Weatherford 140 30.80Wright, Gerald Ged Tulsa 250 55.00York, Marvin Oklahoma City 20 4.40Young, John W. Sapulpa 204 44.88

Senator Schuelein moved that each member of the Senate be provided with two rolls of first-class stamps and $350.00 for the payment of office supplies and materials, which motion was declared adopted.

COMMUNICATION

Senator Schuelein announced a Communication from the State Board of Equalization had been received and ordered the same printed in the Journal for this legislative day:


STATE BOARD OF EQUALIZATION

C E R T I F I C A T E

TO: HONORABLE SPENCER BERNARD, PRESIDENT OF THE SENATE HONORABLE MARVIN YORK, PRESIDENT PRO TEMPORE OF THE SENATEHONORABLE DAN DRAPER, SPEAKER OF THE HOUSE OF REPRESENTATIVES

I, George Nigh, Governor of the State of Oklahoma, and Chairman of the Board of Equalization, hereby certify that, pursuant to the provisions of Article X, Section 23, of the Oklahoma Constitution, the State Board of Equalization, by a vote of four (4) affirmative votes, certified the total amount of revenue which accrued to the General Revenue Fund and each special fund of the State of Oklahoma, for the fiscal year ending June 30,1982, and the estimates of revenues to accrue to the credit of the General Revenue Fund and to each special fund of the State for the fiscal year ending June 30, 1984, as reflected in “ Appendix” attached hereto and made a part hereof.

DATED this 30th day of November, 1982.

/s/George Nigh,Governor of the State of Oklahoma, and Chairman of the State Board of Equalization

10 Senate Journal

STATE OF OKLAHOMA EXECUTIVE DEPARTMENT DIVISION OF THE BUDGEl

November 23, 1982

State Board of Equalization State Capitol Building Oklahoma City, Oklahoma 73105

Gentlemen:

The Constitution of the State of Oklahoma, Article 10, Section 23, as amended by State Question No. 506, adopted July 22, 1975, provides in pertinent part:

“ Not more than forty-five (45) days or less than thirty-five (35) days prior to the convening of each regular session of the Legislature, the State Board of Equalization shall make an itemized estimate of the revenues to be received by the state under the laws in effect at the time such estimate is made, for the next ensuing fiscal year, showing separately the revenues to accrue to the credit of the General Revenue Fund and each special fund of the state. The estimate shall not exceed an amount which shall be determined by the following procedure:

(1) Certify the total amount of revenue which accrued to the General Revenue Fund and each special fund during the last preceding fiscal year.

(2) Next, compute the percentage by which, in each one of the last five (5) preceding fiscal years, the amount of revenue exceeded, or was below, the corresponding amount of revenue for the next preceding fiscal year, the average percentage of increase or decrease for this five-year period shall then be computed. Revenue of a nonrecurring nature shall be excluded from the revenue of the preceding fiscal years in computing the percentage of increase or decrease for those years.

(3) If there is a decline in the percentage of increase during the last preceding fiscal year as compared to the five-year average computed above, the Board shall compute such percentage for that period.

(4) The Board of Equalization, having computed the percentage based on (2) and on (3) above, shall then certify which is the lesser of the two methods:

(5) The Board shall then add to or subtract from the total amount of the revenue for the last preceding fiscal year, a sum equal to twice the lesser of the two methods. . . . ”

The following report has been prepared in accordance with the procedure set forth in that portion of the Oklahoma Constitution cited above, and is respectfully submitted for your consideration.

Sincerely,

/s/J.I.M. CALDWELL, Jr. Director of State Finance

First Legislative Day, Tuesday, January 4, 1983 11

FUNDS AVAILABLE FOR APPROPRIATION BY THE FIRST SESSION OF THE 39TH LEGISLATURE

GENERAL REVENUE FUND

Total Revenue Fiscal Year Ended June 30, 1982 ................................... $1,615,422,759

The last preceding year increase yielding the lesser of the two methods;18.63% X 2 X 1,615,422,759 equals .......................................................... 601,906,520

Adjustments by 2nd Session, 38th Legislature; Changing allocation of Driver Education

Fee (SB 452) ...............................................

Provides for refunds of Insurance Premium Tax (SB 484) .............................................

Provides for Boiler Inspection Fees (SB 541) ........................................

Exempts cities, towns and counties from certain taxes (SB 564) ..........................

Provides for amusement ride inspection fees (HB 1456) ....................................

$ ( 1,000 ,000)

(3,000,000)

196,000

(3,750)

25,000

Reduces individual and increases corporateincome taxes (HB 1593) ........................................... (12,354,000)

License persons removing friable material (HB 1810) ................................................

Imposes rental taxes on certain rental vehicles (HB 1822)..........................

3,000

17,500

Net Legislated Adjustments ...................................................................... $(16,116,250)Cash Flow Reserve Increment for FY 1985 ........................................... (40,258,581)

Amount determined by formula ............................................................. $2,160,954,448

Amount calculated as a summationof detailed revenue estimates ............................................................. $1,717,224,909

GENERAL REVENUE AVAILABLE FOR APPROPRIATION ........ $1,717,224,909

12 Senate Journal

SPECIAL FUNDS SCHEDULED FOR APPROPRIATION BY THE FIRST SESSION OF THE 39TH LEGISLATURE

ALCOHOLIC BEVERAGE FUND Total Revenue Fiscal Year

Ended June 30, 1982.......................... $ 764,042

The five-year average increase yielding the lesser of the two methods:6.55% X 2 X 764,042 equals.............. 100,090

Amount determined by formula............ $ 864,132Estimated Income for FY 1984.......... $ 730,000

Available for Appropriation ..................

STATE AUDITOR AND INSPECTOR FUND Total Revenue Fiscal Year

Ended June 30, 1982.......................... $ 418,261

The five-year average increase yielding the lesser of the two methods:12.04% X 2 X 418,261 equals........... ............ 100,717Amount determined by formula........ $ 518,978Estimated Income for FY 1984......... $ 461,000


FIRE MARSHAL FUND Appropriated Effective 7-1-82

(HB 1554, 2nd Session, 38th Legislature, 1982)

$ 730,000

$ 461,000

Total Revenue Fiscal Year Ended June 30, 1982................

The last preceding year decrease yielding the lesser of the two methods:(3.66%) X 2 X 552,977 equals..

Amount determined by formula ...Estimated Income for FY 1984.

Available for Appropriation ........

$ 552,977

(40,478) $ 512,499$ 550,000

$ 512,499


HUMAN SERVICES FUND Effective Date 7-1-82

(HB 1218, 1st Session, 38th Legislature, 1981)

Estimated Revenue for FY 1984.......

Adjustments:Reserve Increment (Chapter244, Laws 1982).................................(calculated at 1% growth for FY 1985)


INSURANCE COMMISSIONER FUND Total Revenue Fiscal Year

Ended June 30, 1982 .........................

The last preceding year decrease yielding the lesser of the two methods:(2.15%) X 2 X 5,051,018 equals .....

Amount determined by formula .......Estimated Income for FY 1984 ........


STATE JUDICIAL FUND Total Revenue Fiscal Year

Ended June 30, 1982 .........................

The five-year average increase yielding the lesser of the two methods:10.33% X 2 X 6,321,590 equals .......

Adjustments:Directed Deposit to Law Enforcement Officers Training Fund (HB 1942) .................................

Amount determined by formula .......Estimated Revenue for FY 1984 .....


$495,908,000

( 45,533,371)

$ 5,051,018

(217,194)

$ 4,833,824 S 5,556,118

6,321,590

1,306,041

(521,161)

$ 7,106,470 3,776,113

$ 3,776,113

14 Senate Journal

LAW ENFORCEMENT OFFICERS TRAINING FUND Effective Date 7-1-78

(SB 484, 2nd Session, 36th Legislature, 1978)

Total Revenue Fiscal YearEnded June 30, 1982 ......................... $ 391,003Estimated Income for FY 1984 ........ $ 550,000

Available for Appropriation .................. $ 550,000

LIQUEFIED PETROLEUM GAS FUNDTotal Revenue Fiscal Year

Ended June 30, 1982 ......................... $ 235,801

The five-year average increase yielding the lesser of the two methods:12.40% X 2 X 235,801 equals ......... 58,479

Amount determined by formula ....... $ 294,280Estimated Income for FY 1984 ........ $ 268,400


OCCUPATIONAL HEALTH AND SAFETY FUND Total Revenue Fiscal Year

Ended June 30, 1982.......................... $ 452,043

The five-year average increase yielding the lesser of the two methods:14.70% X 2 X 452,043 equals........... ............ 132,901

Amount determined by formula ....... S 584.944Estimated Income for FY 1984 ........ $ 520.000


PENSION SYSTEM RESERVE FUND Effective Date 1-1-82

(SB 18, 2nd Session, 38th Legislature, 1982)

Total Revenue Fiscal Year Ended June 30, 1982..... $ 66,909,769


Estimated Revenue for FY 1984....... S. 99.020,000Available for Appropriation ..................

BOARD OF PRIVATE SCHOOLS FUND Effective Date 7-1-82

(HB 1798, 2nd Session,38th Legislature, 1982)...................... $ 45,000


PROPERTY AND CASUALTY RATES BOARD FUND Total Revenue Fiscal Year

Ended June 30, 1982 .........................

The last preceding year decrease yielding the lesser of the two methods:(38.91%) X 2 X 1,139,726 equals ....

Amount determined by formula .......Estimated Income for FY 1984 ........ ...........................


SPECIAL CONSERVATION FUND Effective Date 1-1-78


Total Revenue Fiscal YearEnded June 30, 1982 ......................... $ 16,129,306Estimated Revenue for FY 1984 ..... $ 10,858,000


TAX COMMISSION FUND Total Revenue Fiscal Year

Ended June 30, 1982.......................... $ 31,631,836

The five-year average increase yielding the lesser of the two methods:16.80% X 2 X 31,631,836 equals .... 10,628,297

$ 1,139,726

(886,935)

$ 252,791$ 1,247,482

16 Senate Journal

$ 41.601.456 $ 38,938.000

Adjustments;Exempt cities, towns and counties from gasoline, diesel and specialfuel use excise tax. (SB 564) .......... $ (6,750)Increases Dept, of Public Safety share of Commercial Truck LicenseFees. (HB 1571) ................................ (9,887)Provides a reduction of individual and an increase of corporate income taxes and includes effect of the ERTAof 1981. (HB1593) ............................ (123,540)Reallocates the OTC share of Boat and Motor Registration Tax to the Wildlife Conservation Commission. (HB 1603) (53,500)Deletes vehicle title lien recording fee as a source of revenue to the fund. (HB 1622) ................................ (465,000)

Net Adjustment ..................................... (658,6771Amount determined by formula ......Estimated Revenue for FY 1984 .....

Available for Appropriation ................. $ 38,938,000

WORKERS’ COMPENSATION ADMINISTRATION FUND Effective Date 7-1-78


Total Revenue Fiscal YearEnded June 30, 1982 ........................ $ 4,525,341Estimated Income for FY 1984 ........ $ 2,439,000

Available for Appropriation ................. $ 2,439,000

NURSING HOME FUND First Subject to Appropriation 7-1-83

(HB 1675, 2nd Session, 38th Legislature, 1982)

Total Revenue Fiscal YearEnded June 30, 1982......................... $ 140,000

The last preceding year increase yielding the lesser of the two methods:27.1% X 2 X 140,000 equals............. 75,880Amount determined by formula........ $ 215,880Estimated Income for FY 1984......... $ 175,000

Available for Appropriation ................. $ 175,000


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COMPARISON REPORT SHOWING REVENUE ACCRUED TO THE APPROPRIATED SPECIAL FUNDS FOR THE FIRST FOUR MONTHS OF THE FISCAL YEARS 1982 AND 1983 AND ESTIMATED TOTALS FOR 1983 AND 1984

SPECIAL FUNDS FIRST FIRST ACTUAL PROJECTED ESTIMATEDFOUR MONTHS FOUR MONTHS TOTAL TOTAL TOTAL

F.Y. 1982 F.Y. 1983 F.Y. 1982 F.Y. 1983 F.Y. 1984

Alcoholic Beverage FundLicenses and Fees....................

State Auditor and Inspector Fund$ 80,337 105,056 764,042 684,859 730,000

Percentage of Taxesand Fees .............................. 111,718 108,398 418,261 424,913 461,000

Fire Marshal Fund........................ 39,359 44,192 552,977 555,000 512,499

Human Services Fund ................ N/A 138,557,339 N/A 490,981,530 450,374,629C/233

Insurance Commissioner Fund V,Premium Tax, Licenses 3

and Fees................................ 1,838,960 2,132,806 5,051,018 6,245,000 4,833,824 s

State Judicial FundLocal Court Fees

and Other .............................. 3,476,626 2,763,240 6,321,590 1,728,839 3,776,113

Law Enforcement Training FundLocal Court Fees .................... 114,982 37,801 391,003 521,161 550,000

Liquefied Petroleum Gas FundPermits and F ees..................... 146,555 153,958 235,801 242,659 268,400

Occupational Health and SafetyFundOccupational Health and

Safety Tax .......................... 145,016 201,253 452,043 463,233 520,000

SPECIAL FUNDS FIRST FIRST ACTUAL PROJECTED ESTIMATEDFOUR MONTHS FOUR MONTHS TOTAL TOTAL TOTAL

F.Y. 1982 F.Y. 1983 F.Y. 1982 F.Y. 1983 F.Y. 1984

Pension System Reserve Fund .. $ -0- -0- 66,909,769 26,572,314 99,020,000

Board of PrivateSchools Fund.......................... N/A 30,055 N/A 33,662 45,000 3’

Property and Casualty Rates QtqBoard Fund S3*Insurance Premium Tax ........ 704,375 773,252 1,139,726 2,250,000 252,791 S"

Special Conservation FundConservation Excise Tax ....... 5,581,515 4,030,899 16,129,306 12,321,000 10,858,000

Tax Commission Fund 3Percentage of Collections ..... 9,282,751 9,490,235 31,631,836 31,127,499 38,938,000

1Workers’ Compensation i -

Administration Fund 3Premium Tax and §

Litigation Fees ................... 2,163,972 2,347,555 4,525,341 6,772,688 2,439,000 4̂

2 0 Senate Journal

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SUMMARY OF ADJUSTMENTS TO GENERAL REVENUE FUND INCOME

1978Adjustments to Arrive at Amounts Corre-

1981Adjustments to Arrive at Amounts Corre-

spending to the Preceding Fiscal Year spending to the Preceding Fiscal YearTax Changes: Tax Changes:

Income Tax Sales Tax

Total Adjustment

$2,420,0001,771,516

$4,191,516

Drivers’ License (SB 266)

Franchise Tax($ 450,000)

( 275,000)(SB 545)

1979Gross Production Tax (SB 618) 300,000

Adjustments to Arrive at Amounts Corre- Income Tax:spending to the Preceding Fiscal Year Solar Energy

Tax Changes: (HB 1723) ( 314,000)Income Tax — Tax Credits for Gas for Agric.Conservation Excise Tax, Solar (HB 1764) ( 49,000)Energy Devices, and Electricity Sales Tax-Utilitiesproduced from Gas + Savings and (HB 1041) ( 250,000)Loan Increment $5,489,750 Sales Tax (HB 1218) ( 2,300,549)Freight Car Tax 433,218 Total Adjustment ($3,338,549)

Total Adjustment $5,922,9681982

1980 Adjustments to Arrive at Amounts Corre-Adjustments to Arrive at Amounts Corre- spending to the Preceding Fiscal Yearspending to the Preceding Fiscal Year Tax and Fee Changes:

Tax Changes: Gift and Estate TaxesIncome Tax — Tax reduction (Effective 1/ 1/ 84) (SB 84)

(HB 1484) ($ 6,187,500)Savings and loan increment, head of Mining Permit Feehousehold extension: (HB 1081) 31,000

($36,716,960) Documentary Stamp TaxCigarette Tax — (HB nil) 3,858,800Increase 20,600,000 Sales Tax, and ( 12,721,698)Ins. Premium Tax 912,000 Reserve Increment ChangeBank and Trust Co. (HB 1218) 3,410,226Assessment 141,397 Amusement Device Permit

Total Adjustment ($15,063,563) (HB 1367) 363,750($11.245.422)

All Tax Adjustment Amounts are as previously certified by the Board of Equalization, exceptF.Y. 81 portion of HB 1218 affecting May and June 1981 General Revenue.

2 2 Senate Journal

HISTORY OF REVENUES TO EACH SPECIAL FUND OF THE STATE

FiscalY ear

TotalIncom e A djustm ents

A djustedIncom e

% of Increase O ver P rio r Year

5 Y ear Average

ALCOHOLIC BEVERAGE FUND

1977 568,130 ( 95,300)' 472,8301978 392,895 319,624 712,519 25.411979 1,022,365 ( 319,624)^ 702,741 ( 1.37)1980 723,258 723,258 2.921981 710,287 710,287 ( 1.79)1982 764,042 764,042 7.57

STATE AUDITOR AND INSPECTOR FUND

1977 244,789 244,7891978 283,211 283,211 15.701979 297,278 8,856 ' 306,134 8.091980 320,660 320,660 7.871981 354,900 354,900 10.681982 418,261 418,261 17.85

6.55

12.04

FIRE MARSHAL FUND

First appropriated for F.Y. 1983

1977 384,082 384,0821978 444,670 444,670 15.771979 519,768 519,768 16.891980 535,836 535,836 3.091981 574,004 574,004 7.121982 552,977 552,977 ( 3.66)

'SB 553 (1976): Brand Registration Fees (new for Fiscal Year 1977).

7.84

Âdministrative error resulted in carryover balance in clearing account (1030) of $319,624. Prior period adjustment made and reversed for FY 1979 to avoid skewing revenue too violently.

^SB 618 (1978) redefined Special Fuels to exclude Diesel Fuel, and established a new Diesel Fuel imported for use code with identical tariffs and apportionments. However, a related statute (74 O .S ., 1981 § 227.3) apportioning a percentage of collections from the Tax Commission to the State Auditor and Inspector was not changed. Net loss to SA&I of one third of one percent of the County Roads apportionment of the Diesel fuel excise tax.


FiscalYear

T otalIncom e Adjustments

AdjustedIncome


5 Y ear Average

Effective July 1, 1982

HUMAN ASSISTANCE FUND

INSURANCE COMMISSIONER FUND

1977 2,194,003 2,194,0031978 3,151,076 3,151,076 43.621979 3,456,545 3,456,545 9.691980 3,874,619 3,874,619 12.101981 5,162,031 5,162,031 33.231982 5,051,018 5,051,018 ( 2.15)

STATE JUDICIAL FUND

1977 4,535,210 4,535,2101978 3,947,398 250,000 ' 4,197,398 ( 7.45)1979 6,885,544 (2,400,000)^ 4,485,544 6.861980 5,636,273 1,457,425 ' 7,093,698 3.021981 4,508,148 1,015,000 5,523,148 ( 2.01)1982 6,321,590 494,957“ 6,816,547 51.21

19.30

10.33

LAW ENFORCEMENT OFFICERS TRAINING FUND


1979 87,481 87,4811980 352,134 352,134 302.531981 441,630 441,630 25.421982 391,003 391,003 ( 11.46)

'SB 229 (1976) Increase in Bailiff Salaries.

^HB 1518 (1978) Court Fee Increases.

^HB 1518 (1978) Judicial Retirement Fund Deposit (Effective July 1, 1979).

“SB 396 and HB 1840 (1981) Increased court reporter and bailiff fees, and added abused child attorney fees, SB 244, HB 1120 and HB 1301 increased small claims limits, and bailiff fees, and increased small claims fees and payments to law libraries and increased juror mileage allowances.

24 Senate Journal

FiscalYear

T otalIncom e A djustm ents

AdjustedIncome

% of Increase Over P rio r Y ear

5 Y ear Average

LIQUEFIED PETROLEUM GAS FUND

1977 162,653 162,6531978 162,572 162,572 ( .05)1979 165,488 165,488 1.791980 167,103 167,103 0.981981 187,090 187,090 11.961982 235,801 ( 39,860)' 275,661 47.34

OCCUPATIONAL HEALTH AND SAFETY FUND

1977 240,008 240,0081978 238,026 238,026 ( .83)1979 223,154 223,154 ( 6.25)1980 311,429 311,429 39.561981 384,362 384,362 23.421982 452,043 452,043 17.61

12.40

14.70

PENSION SYSTEM RESERVE FUND

Effective January 1, 1982

1982 66,909,769 66,909,769

BOARD OF PRIVATE SCHOOLS FUND


PROPERTY AND CASUALTY RATES BOARD FUND

1977 1,134,229 1,134,2291978 1,455,058 1,455,058 28.291979 1,477,995 1,477,995 1.581980 1,364,819 1,364,819 ( 7.66)1981 1,865,711 1,865,711 36.701982 1,139,726 1,139,726 (38.91)

'HB 1539 (1980) and HB 1079 (1981) Increased fees.

4.00


FiscalYear

T otalIncom e A djustm ents

A djustedIncome


5 Y ear Average

SPECIAL CONSERVATION FUND

Effective January 1, 1978

19781979198019811982

11,807,06436,026,74327,628,70721,775,16616,129,306

11,807,06436,026,74327,628,70721,775,16616,129,306

(Six months only)

(23.31)(21.19)(25.93)

197719781979198019811982

14,488,04716,451,93718,472,63921,300,94625,753,10931,631,836

TAX COMMISSION FUND

1,413,250' 15,901,29716,451,937 13.5618,472,639 12.2821,300,946 15.3125,753,109 20.90

( 11,250)' 31,620,586 22.78 16.80

WORKERS’ COMPENSATION ADMINISTRATION FUND


1979 2,506,248 2,506,2481980 3,668,308 3,668,308 46.371981 4,282,292 4,282,292 16.741982 4,525,341 4,525,341 5.68

'HB 1739 (1976) Increased General Revenue Apportionment of Income Tax from 96% to 98 %; and reduced tax apportionment to Tax Commission Fund from 2% to 1 %. Impact spread over two fiscal periods (1976 and 1977), half allocated to each period.

'HB 1367 (1981) Established a new amusement device fee.

26 Senate Journal

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INTERIM COMMITTEE APPOINTMENTS

President Pro Tempore York announced that the following appointments were made during the 1982 Interim:

JOINT LEGISLATIVE ETHICS COMMITTEE

Pursuant to 74 O.S. § 4001.1, the following Senators were appointed July 21, 1982, to serve terms of 2 years: Senators Rozell — Chairman, Dahl and Green.

JOINT COMMITTEE ON FEDERAL FUNDS

Pursuant to 74 O.S. § 452.7, the following Senators were appointed July 21, 1982, to serve terms of 2 years: Senators Randle — Chairman, Kilpatrick, Watson, Cummins, York, Crow, Shedrick, Terrill, McDaniel and Howell.

JOINT COMMITTEE ON INTERSTATE COOPERATION

Pursuant to 74 O.S. § 423, the following Senators were appointed July 21, 1982, to fill unexpired terms: Senators Cain and Cul- lison.

JOINT COMMITTEE ON LAW ENFORCEMENT AGENCIES

Pursuant to SIR 38, 1982, the following appointments were made August 16, 1982, with report of study due prior to January 1, 1983: Senators Howell — Chairman, Clifton, Dawson, Leonard and Schuelein and Mr. Dave McBride, Oklahoma City.

ADVISORY COMMITTEE ON A STATEWIDE

RAPID MASS-TRANSIT SYSTEM

Pursuant to HJR 1045, 1982, the following appointments were made August 2,

1982: Senators Leonard — Vice Chairman, Cain, Capps and Dennis and Mr. Don Burleson, Oklahoma City and Ms. Jean McLaughlin, Oklahoma City.

JOINT COMMITTEE ON PARI-MUTUEL RACING

The following appointments were made September 30, 1982: Senators Kilpatrick — Cochairman, Branch, Johnson, McDaniel, O’Connor, Schuelein and Taliaferro.

COMMON SCHOOL CAPITAL IMPROVEMENT NEEDS

ASSESSMENT COMMITTEE

Pursuant to 70 O.S. § 18-154, the following were appointed December 21, 1982: Dr. Leonard Campbell, Weatherford and Ms. Sonja Pellow, Edmond.

SPECIAL INTERIM COMMITTEE ON SOCIAL SECURITY

DISABILITY CUTBACKS

The following Senators were appointed October 6, 1982, to serve during the 1982 Interim: Senators Combs, — Chairman, Cain, Cate and Terrill.

As provided by 75 O.S. 1981, §26.14, the following pre-filed bills and resolution were ordered placed on First Reading:

FIRST READING (Pre-filed Bills and Resolution)

SB 1 — By McCune.An act relating to criminal procedure;

providing for night or weekend incarceration under certain conditions; providing for certain costs; directing codification; repealing 22 O . S . 1981, Section 991 a-1, which relates to night or weekend incarceration; and declaring an emergency.

SB 2 — By McCune.An act relating to prisons and reformato

ries; providing short title; defining terms;

28 Senate Journal

authorizing the Governor to declare a prison overcrowding state of emergency; providing for emergency time credits; prescribing powers and duties of the Governor and the Department of Corrections; providing remedies for a state of emergency; providing procedures for rescinding state of emergency; nullifying act in case of natural disaster or deliberate destruction of property; directing codification; and declaring an emergency.


ries; requiring a period of community supervision for certain inmates of a state penal institution; providing procedures; directing codification; and declaring an emergency.

SB 4 — By Boatner.An act relating to law enforcement;

amending 22 O.S. 1981, Sections 1112 and 1114.9 and 28 O.S. 1981, Section 153, which relate to fees; creating the County Law Enforcement Fund for the Council on Law Enforcement Education and Training; providing for deposits and reimbursements; modifying bond schedules and court costs; providing exception; directing codification; providing an effective date; and declaring an emergency.

SB 5 — By Dawson of the Senate and Sanders of the House.

An act relating to counties and county officers; amending 19 O.S. 1981, Section 901.7, as last amended by Section 7, Chapter 320, O.S.L. 1982 (19 O.S. Supp. 1982, Section 901.7), which relates to fire protection districts; modifying procedure for inclusion of district firefighters in the Oklahoma Firefighters Pension and Retirement System; and declaring an emergency.

SB 6 — By Smith.An act relating to revenue and taxation;

defining terms; providing an investment credit for certain multifamily housing; disallowing credit under certain circumstances; providing restrictions; limiting credit al

lowed; stating period of credit; providing for unused credit; providing for transfer of credit; requiring statement of qualification; directing codification; and declaring an emergency.

SB 7 — By Pierce.An act relating to revenue and taxation;

amending 68 O.S. 1981, Section 2358, as amended by Section 2, Chapter 293, O.S.L. 1982 (68 O.S. Supp. 1982, Section 2358), which relates to adjustments to arrive at Oklahoma taxable income and Oklahoma adjusted gross income; deleting provision prohibiting corporate deductions under the Accelerated Cost Recovery System as defined and allowed under the Economic Recovery Tax Act of 1981, Public Law 97-34, from being allowed in calculating Oklahoma taxable income; and declaring an emergency.

SB 8 — By McCune.An act relating to crimes and punish

ments; amending 21 O.S. 1981, Sections 1503, 1521 and 1541.1, 1541.2, 1541.3 and 1704, as amended by Sections 1 ,2 ,3 and 4, Chapter 277, O.S.L. 1982, 1722, as last amended by Section 5, Chapter 277, O.S.L. 1982 and 1731, as amended by Section 6, Chapter 277, O.S.L. 1982 (21 O.S. Supp. 1982, Sections 1541.1, 1541.2, 1541.3, 1704, 1722 and 1731), which relate to fraud, trick or deception and larceny; increasing the amount of loss required in certain crimes against property where the amount of loss defines whether a crime is a misdemeanor or felony; modifying penalties; providing severability; and providing an effective date.

SB 9 — By Howell of the Senate and Craighead of the House.

An act relating to schools; amending 70 O.S. 1981, Sections 3218, as amended by Section 1, Chapter 144, O.S.L. 1982 (70 O.S. Supp. 1982, Section 3218) and 4423, which relate to junior colleges; changing the name of Oscar Rose Junior College; and providing an effective date.


SB 10 — By Rozell.An act relating to schools; amending 70

O.S. 1981, Section 3218, as amended by Section 1, Chapter 144, O.S.L. 1982 (70O.S. Supp. 1982, Section 3218), which relates to student fees at institutions in the Oklahoma State System of Higher Education; granting certain persons resident status under certain circumstances; and declaring an emergency.

SB 11 — By Howell.An act relating to schools; amending 70

O.S. 1981, Section 5-108, which relates to dependent school district boards of education; allowing board size to be increased to five members by certain procedures; establishing the initial terms of the additional members; and providing an effective date.

SB 12 — By Dahl.An act relating to revenue and taxation;

amending 68 O.S. 1981, Section 509.1, which relates to a tax exemption for mixtures or blends of motor fuel and ethyl alcohol; restricting exemption to mixtures or blends containing ethyl alcohol made from Oklahoma agricultural products and manufactured by a registered alcohol fuel producer; and declaring an emergency.

SB 13 — By Rozell.An act relating to schools; defining modi

fied school year; providing for modified school year; requiring public hearing; establishing time of implementation; permitting exception; providing for conferences and certain activities; providing for state support; providing for codification; and declaring an emergency.

SB 14 — By Rozell.An act relating to schools; stating legisla

tive intent; defining terms; specifying library staff in certain schools; providing library media specialist duties; directing school districts to provide adequate space for libraries; providing for the implementation of programs; providing for codification; and providing an effective date.

SB 15 '— By McCune.An act relating to mental health; repealing

43A O.S. 1981, Sections 341, 342, 343, 344, 345 and 346, which relate to sterilization of epileptics, mental patients and habitual criminals; and declaring an emergency.

SB 16 — By Stip>e and Winn of the Senate and Monks of the House.

An act reappropriating certain funds for a specified special project to the Oklahoma Department of Veterans Affairs; stating the purpose; making funds available for federal matching funds; making reappropriation nonfiscal; providing severability; and declaring an emergency.

SB 17 — By Randle.An act relating to civil procedure; defining

term; providing for defamation elements; repealing 12 O.S. 1981, Sections 303, 304, 1441,1442 and 1444.1, which relate to libel and slander; providing for codification; and providing an effective date.

SJR 1 — By McCune.A joint resolution directing the Secretary

of State to refer to the people for their approval or rejection a proposed amendment to Section 10 of Article VI of the Oklahoma Constitution; creating a Pardon and Parole Board; expanding its powers by imposing therein final authority over grants of paroles; reducing powers of the Governor thereby; requiring reports to the Legislature; providing ballot title; and directing filing.

FIRST READING

The following were introduced and read the first time:

SB 18 — By Randle and Kilpatrick of the Senate and Deatherage and Barker of the House.

An act relating to the State Senate; making an appropriation thereto; stating the purpose; providing for payment of expenses; providing for approval; excluding appropriation

30 Senate Journal

from fiscal year limitation; providing severability; and declaring an emergency.


An act relating to the Office of Joint Bill Processing; making an appropriation thereto; stating the purpose; providing for appointment, duties and compensation of employees; making the appropriation nonfiscal; providing severability; and declaring an emergency.


An act relating to the Office of the Governor; making an appropriation thereto; stating the purposes; providing for appointment, duties and compensation of employees; limiting number of employees; authorizing appropriated funds for federal matching purposes; making appropriation nonfiscal; providing severability; and declaring an emergency.


An act relating to the Office of the Lieutenant Governor; making an appropriation thereto; stating the purpose; providing for appointment, duties and compensation of employees; limiting number of employees; making appropriation nonfiscal; providing severability; and declaring an emergency.


An act relating to the Office of the Director of State Finance; making appropriations thereto; stating the purposes; fixing the salary of the Director of State Finance; authorizing the Director of State Finance to appoint and fix the duties and compensation of personnel; limiting number of employees; limiting expenditures for salaries and wages;

providing for payment of expenses of the board on legislative compensation; making appropriations nonfiscal; providing severability; and declaring an emergency.


An act relating to the Office of the Secretary of State; making appropriations thereto; stating the purposes; providing for appointment, duties and compensation of employees; limiting number of employees; limiting expenditures for salaries and wages; providing lapse dates; providing severability; and declaring an emergency.


An act relating to the Board of Equalization; making appropriations thereto; stating the purpose; providing for appointment, duties and compensation of employees; limiting number of employees; limiting expenditures for salaries and wages; providing lapse date; providing severability; and declaring an emergency.


An act relating to the Office of the State Auditor and Inspector; making appropriations thereto; stating the purpose; providing for appointment, duties and compensation of employees; prohibiting certain assistance in locating potential employees; limiting number of employees; limiting expenditures for salaries and wages; providing for transfer of certain unappropriated funds; providing lapse date; providing severability; and declaring an emergency.


An act relating to the Oklahoma Tax Commission; making appropriations thereto; stat


ing the purposes; prohibiting payments for prior years’ obligations; providing for payment of certain membership fees; providing for expenditure of funds for certain data processing services; prohibiting disbursement of monies to counties under certain conditions; authorizing payments for services of State Auditor and Inspector and limiting amount to be paid; providing for appointment, duties and compensation of certain officials and employees; limiting number of full-time-equivalent employees; limiting expenditures for salaries and wages; providing for transfer of certain funds; expressing legislative intent; providing lapse dates; providing severability; and declaring an emergency.


An act relating to the Oklahoma Capitol Improvement Authority; making appropriations thereto; stating the purposes; specifying the number of full-time-equivalent employees; limiting expenditures for salaries and wages; providing lapse date; providing severability; and declaring an emergency.


An act relating to the Office of Personnel Management; making an appropriation thereto; stating the purposes; providing for administrative expenses and cost of operating Merit System; fixing the salary of the Administrator; fixing the number of authorized employees; limiting expenditures for salaries and wages; making funds available to obtain or match federal funds; providing lapse date; repealing 74 O.S. 1981, Section 813; providing severability; and declaring an emergency.


An act relating to the Ethics and Merit Commission; making an appropriation thereto; providing for appointment, duties and compensation of employees; providing for maximum salary of Special Counsel; setting maximum number of full-time-equivalent officials and employees; authorizing maximum expenditure; providing lapse date; providing severability; and declaring an emergency.


An act relating to the Secretary of the State Election Board; making appropriations thereto; stating the purposes; designating the salary of the Secretary of the State Election Board; making appropriations nonfiscal; providing severability; and declaring an emergency.


An act relating to the Oklahoma State Regents for Higher Education; making an appropriation thereto; stating the purpose; providing lapse date; providing severability; and declaring an emergency.


An act relating to the Physician Manpower Training Commission; making appropriations to the Commission and certain specified funds administered by the Commission; stating the purposes; providing for appointment, duties and compensation of employees; limiting Executive Director’s salary; limiting number of employees; limiting expenditures for salaries and wages; providing lapse dates; providing severability; and declaring an emergency.


32 Senate Journal

An act relating to the Commissioners of the Land Office; making appropriations thereto; stating the purposes; providing for appointment, duties and compensation of necessary employees; limiting the salary of the Secretary of the Commission; limiting the number of employees; limiting expenditures for salaries and wages; providing legislative intent; providing procedures for expenditure of funds; providing lapse date; providing severability; and declaring an emergency.


An act relating to the Oklahoma Educational Television Authority; making an appropriation thereto; stating the purpose; providing for appointment, duties and compensation of employees; providing for salary of the Director; limiting number of employees; limiting expenditures for salaries and wages; providing lapse date; providing severability; and declaring an emergency.


An act relating to the Board of Private Schools; making appropriations thereto; stating the purpose; providing for the appointment and compensation of employees; limiting the number of full-time-equivalent employees; providing lapse date; providing severability; and declaring an emergency.


An act relating to historical societies and associations; making appropriations to the Office of the Oklahoma Historical Society; stating the purpose; expressing legislative intent; providing for appointment and compensation of certain employees; designating the maximum salary for the Executive Director; limiting the number of certain employees; limiting expenditures for salaries

and wages; providing lapse date; providing severability; and declaring an emergency.


An act relating to the Western Plains Indians Arts and Crafts Commission; making an appropriation thereto; stating the purpose; amending 53 O.S. 1981, Section 147; modifying receipts to certain funds; providing lapse date; and declaring an emergency.


An act relating to the Department of Pollution Control; making an appropriation thereto; stating the purpose; providing for the appointment, duties and compensation of certain employees; fixing the Director’s maximum salary; limiting number of employees; limiting expenditures for salaries and wages; providing lapse date; providing severability; and declaring an emergency.


An act relating to the Water Resources Board; making an appropriation thereto; stating the purpose; providing for appointment, duties and compensation of employees; designating Executive Director’s maximum salary; limiting number of employees; limiting expenditures for salaries and wages; providing lapse date; providing severability; and declaring an emergency.


An act relating to the Office of the Banking Department; making an appropriation thereto; stating the purpose; providing for appointment, duties and compensation of employees; limiting number of employees; limiting expenditures for salaries and wages;


providing salary schedule for certain positions; providing lapse date; providing severability; and declaring an emergency.


An act relating to the Oklahoma Tourism and Recreation Department; making an appropriation thereto; providing for appointment, duties and compensation of officials and employees; specifying maximum salary of the Director; limiting number of employees; providing exceptions; limiting expenditures for salaries and wages; authorizing use of appropriated funds to obtain federal funds; providing lapse date; providing severability; and declaring an emergency.


An act relating to the Office of the Department of Labor; making appropriations thereto; stating the purposes; providing for appointment, duties and compensation of employees; limiting number of employees; limiting expenditures for salaries and wages; providing lapse date; providing severability; and declaring an emergency.


An act relating to the State Board for Property and Casualty Rates; making appropriations thereto; stating the purpose; providing for appointment, duties and compensation of employees; designating Administrator’s maximum salary; limiting number of employees; limiting expenditures for salaries and wages; providing for transfer of unappropriated funds to the general revenue fund with exception; providing lapse date; providing severability; and declaring an emergency.

SB 44 — By Randle and Kilpatriek of the Senate and Deatherage and Barker of the House.

An act relating to the Oklahoma Conservation Commission; making an appropriation thereto; stating the purposes; providing for appointment, duties and compensation of employees; designating Executive Director’s maximum salary; limiting number of employees; limiting expenditures for salaries and wages; allowing for assistance to soil and water conservation districts; providing lapse date; providing severability; and declaring an emergency.


An act relating to the Oklahoma Department of Economic Development; making an appropriation thereto; stating the purposes; providing for the appointment and compensation of certain officers and employees; establishing salary schedule for certain employees with exception; limiting the number of certain employees with exceptions; providing for the development and implementation of certain program by certain employees; limiting expenditures for salaries and wages; authorizing certain expenditures and requiring certain reports; providing for the dissemination of certain information; authorizing the use of certain funds pursuant to certain agreements; providing a lapse date; providing severability; and declaring an emergency.


An aet relating to the Department of Human Services; making an appropriation thereto; stating purposes; providing for the return of certain revenues and allowing expenditure; authorizing the purchase of insurance for certain purposes; providing for the appointment, compensation and duties of officials and employees; limiting number of employees and expenditures for salaries or wages; directing the use of federal funds; expressing legislative intent for early transfer of certain funds; expressing legislative

34 Senate Journal

intent to make contributions for certain purposes; making appropriation nonfiscal; providing severability; and declaring an emergency.


An act relating to the Department of Mental Health; making appropriations thereto; stating the purposes; stating legislative intent; directing participation in the Oklahoma Unified Community Mental Health Services Act; fixing the salary of the Commissioner; providing for the appointment, duties and compensation of employees; limiting the number of full-time-equivalent employees; authorizing exemptions from the Merit System; limiting expenditures for salaries and wages; authorizing expenditures to implement provisions concerning certain drug and alcohol treatment authorities; providing a schedule of physician incentive pay; providing lapse date; providing severability; and declaring an emergency.


An act relating to the Board of Medicolegal Investigations; making an appropriation thereto; stating the purpose; providing for appointment, duties and compensation of employees; specifying number and compensation of authorized officials and employees; authorizing filling of a designated position with position in lower job level; limiting expenditures for salaries and wages; providing lapse date; providing severability; and declaring an emergency.

SB 49 — By Randle and Kilpatriek of the Senate and Deatherage and Barker of the House.

An act relating to the Oklahoma Health Planning Commission; making an appropriation thereto; stating the purpose; providing for appointment, duties and compensation of employees; designating Director’s maxi

mum salary; limiting number of employees; limiting expenditures for salaries and wages; providing lapse date; providing severability; and declaring an emergency.


An act relating to the State Board of Nursing Homes; making an appropriation thereto; stating the purpose; designating Executive Director’s maximum salary; limiting number of employees; limiting expenditures for salaries and wages; providing lapse date; providing severability; and deelaring an emergency.


An act relating to the Oklahoma Indian Affairs Commission; making an appropriation thereto; stating the purpose; providing for appointment, duties and compensation of employees; designating Director’s maximum salary; limiting number of employees; limiting expenditures for salaries and wages; limiting expenditures for commission meetings; providing lapse date; providing severability; and declaring an emergency.


An act relating to the State Department of Transportation; making appropriations thereto; stating purpose of appropriations; directing transfer of certain funds and stating purpose; directing use of certain funds for matching fund purposes; specifying purposes for which certain dedicated funds shall be used; providing for appointments, duties and compensation of employees of the State Department of Transportation; designating the maximum salary of the Director of the State Department of Transportation; limiting number of employees; limiting expenditures for salaries and wages; providing for appointment, duties and compensation of em


ployees of the Oklahoma Aeronautics Commission; designating the maximum salary of the Director of the Oklahoma Aeronautics Commission; limiting number of employees; limiting expenditures for salaries and wages; amending 69 O.S. 1981, Section 664, pertaining to County Bridge Improvement Fund; providing lapse dates; providing severability; and deelaring an emergency.


An act relating to the Oklahoma State Bureau of Investigation; making appropriations thereto; stating purposes; providing for appointment, duties and compensation of employees including Director; specifying positions in unclassified service; limiting number of full-time-equivalent employees authorized; authorizing use of funds to obtain matching federal funds; providing lapse date; providing severability; and declaring an emergency.


An act relating to the Oklahoma Department of Public Safety; making appropriations thereto; amending 47 O.S. 1981, Sections 2-102, 2-104, 2-130, 14-116 and 22.5k, as amended by Sections 9, 10, 14, 15 and 16, Chapter 352, O.S.L. 1982 (47 O.S. Supp. 1982, Sections 2-102, 2-104, 2-130, 14-116 and 22.5k); stating purposes; providing for appointment and compensation of personnel; fixing the salary of the commissioner; limiting the number of full-time- equivalent employees; limiting expenditures for salaries and wages; exempting certain positions from full-time-equivalent employee restrictions; authorizing use of all appropriated funds for federal matching purposes; providing for the Office of Commissioner of Public Safety; providing for the appointment of certain employees; abolishing the Examiners Bureau of the Drivers License Division and transferring duties, responsibilities

and employees to the Oklahoma Highway Patrol Division; providing for reimbursement for travel and other expenses for certain personnel; providing for retirement benefits for the Assistant Commissioner; providing a uniform maintenance and cleaning allowance; providing for certain fees and permits; providing for allocation of certain collected fees; providing weight restrictions; providing for replacement of license plates; providing lapse date; providing severability; providing operative date; and declaring an emergency.


An act relating to the Bureau of Narcotics and Dangerous Drugs Control; making appropriations thereto; stating the purposes; providing for duties, compensation and maximum number of certain employees; limiting the salary of the Director; limiting expenditures for salaries and wages; authorizing the expenditure of funds to obtain certain federal grants or assistance; providing lapse date; providing severability; and declaring an emergency.


An act relating to the Council on Law Enforcement Education and Training; making appropriations thereto; stating the purpose; providing for appointment, duties and compensation of employees; fixing the salary of the Director; limiting the number of full-time-equivalent employees; limiting expenditures for salaries and wages; authorizing the transfer of certain funds; providing lapse date; providing severability; and declaring an emergency.


An act relating to the Oklahoma Alcoholic Beverage Control Board; making appropriations thereto; stating the purpose; providing

36 Senate Journal

for appointment, duties and compensation of employees; designating Director’s maximum salary; limiting number of employees; limiting expenditures for salaries and wages; providing for transfer of unappropriated funds to the General Revenue Fund with exception; providing lapse date; providing severability; and declaring an emergency.


An act making appropriations for specified projects to various state agencies; stating the purposes; expressing legislative intent; reappropriating certain funds; authorizing the Tourism and Recreation Commission to transfer certain funds and enter into certain contracts; making funds available to match federal funds; making appropriations nonfiscal; providing severability; and declaring an emergency.

SB 59 — By Johnson.An act relating to amusements and sports;

amending Provision 10, State Question No. 553, Initiative Petition No. 315 (3A O.S. Supp. 1982, Section 210), which relates to pari-mutuel legislation; modifying time limit for enactment of legislation; and declaring an emergency.

LOBBYIST REGISTRATIONS (Including organizations represented)The following lobbyist registrations were

received by the Joint Legislative Ethics Committee July 1 3 ,1982through January 4, 1983:

Amini, Gordon Cyrus, First Life Assurance Company.

Anderson, Paul William, Sr., Automotive Wholesalers of Oklahoma.

Ardoin, Kenneth A., Pfizer, Inc. Atkinson, Gwen G., Liberty National

Bank and Trust Company of Oklahoma City.

Baldridge, Henry, Oklahoma State Council of Carpenters.

Bensinger, Cheryl Leah, Oklahoma Education Association.

Binning, Gene H ., Gene H. Binning Co., Inc.; Trane Company.

Birchfield, Del D., Committee for Better Legal Services.

Birdwell, Harry Wayne, Oklahoma Association of Electric Cooperatives.

Blair, Rome J., Kansas City Southern Lines.

Blankenship, Jap W., United Parcel Service, Inc.

Bonds, W. Kenneth, Liberty National Bank and Trust Company of Oklahoma City.

Brainard, Lawrence K., Oklahoma ()il Marketers Association.

Branch, Michael Arthur, Mustang Fuel Corporation and Financial Institutions.

Brandenburg, Robert Lee, Consulting Engineers Council of Oklahoma.

Briscoe, James E., Helena State School Committee; Independent Bankers Association of Oklahoma.

Brooks, Mary J., Texaco, Inc.Buford, Norma Jean, Public Service

Company of Oklahoma.Bunch, Louis M., Oklahoma State Fire

fighters Association.Bums, Jack G., Oklahoma Trial Lawyers

Association.Calame, Gene D., Globe Life and Acci

dent Insurance Company.Carnes, Larry D., Southwest Oklahoma

Adolescent Addiction Rehabilitation Ranch, Inc.; Orange Quarters Life Improvement Center (Methadone); Oklahoma Association of Substance Abuse Professionals.

Cheek, J.D ., Oklahoma State Nursing Home Association.

Clark, E. Joe, Brotherhood of Maintenance of Way Employees.

Clark, James D. (Jay), Del City Chamber of Commerce.

Colbert, J.D., Southwestern Bell Telephone Company.

Conner, John O’Melia, Oklahoma Auto


mobile Dealers Association; Oklahoma City Motor Car Dealers Association.

Cravens, Leo Wayne, Oklahoma State Home Builders Association.

Crutcher, Bill J., Oklahoma Bankers Association.

Cupp, Ronn W., Oklahoma State Chamber of Commerce.

Damron, Gerald R., Oklahoma State Association of Health Underwriters.

Dank, David M., Oklahoma Retail Merchants Association.

Dembowski, James Michael, Public Service Company of Oklahoma.

Dietrich, Allen, Oklahoma Farm Bureau.Dillard, Jack Kelly, Tenneco, Inc.Donner, John D., Oklahoma Pharmaceu

tical Association.Doublin, Gary D., Oklahoma Association

of Realtors.Eidson, Billy Clay, Plumbers and Pipe

fitters Local Union No. 205.Eisel, Joyce M., Oklahoma Blood Insti

tute.Farha, James T., Standard Life and Acci

dent Insurance Company.Ferrell, Jack Dale, Oklahoma Metro

Chamber of Commerce.Fleming, J.D., Oklahoma Farmers

Union.Fletcher, George Russell, Oklahoma

Farm Bureau; Oklahoma Farm Bureau Mutual Insurance Company.

Foster, Rebecca Ann, Independent Bankers Association of Oklahoma.

Franke, Wayne T., General Telephone Company of the Southwest.

Gardner, Harvey C., Oklahoma Gasohol, Inc.; Travelers Construction Company; Southern Missouri Company.

Garrett, Jick Duane, Tulsa Public Schools.

Garrison, Denzil D., Phillips Petroleum Company.

Georgeson, Stephen P., Sears, Roebuck and Company.

Groom, Matthew D., National Association of Federal Retirees.

Hain, Mark Henry, American First Corporation; First Life Assurance Company.

Hales, Ellsworth Henry, Tulsa Public Schools.

Hall, Patrick James, Oklahoma Public Employees Association.

Hampton, Joe Neal, Oklahoma Grain and Feed Association; Oklahoma Seedsmen’s Association.

Hargis, V. Bums, Allstate Insurance Company.

Harris, Robert E ., Oklahoma Bankers Association.

Harrison, Bill, Oklahoma Vocational Association; Oklahoma Vocational Technical Education Council, Inc.

Hemry, Jerry L., Oklahoma Mortgage Banker’s Association.

Hollander, Robert G. (Bob), Oklahoma State Firefighters Association.

Howard, Leonard Richards (Dick), Blue Cross and Blue Shield of Oklahoma.

Huddleston, Charles G., Oklahoma Farm Bureau.

Hughes, William L., M.D., Oklahoma State Medical Association.

Hunt, David D., Capitol Hill Funeral Home, Inc.; Hahn-Cook Funeral Home, Inc.; Resthaven Memory Gardens of Oklahoma City Trust; Funeral Service, Inc.

Ingraham, Sandra Jo, Oklahoma Coalition for Fair Block Grants.

Isch, Jack, Oklahoma City Public Schools, District 1-89.

Jaeger, R. Bodean, National Association of Retired Federal Employees.

Jameson, Richard L., Oklahoma Wildlife Federation.

Jarrell, Jimmie Lowell, Oklahoma Farmers Union.

Johns, Jerry F., Southwestern Insurance Information Service.

Johnson, Arthur Dee, Laborers’ International Union Local 1357.

Johnson, Joe F., Oklahoma State AFL- CIO.

Johnston, Charles W., Oklahoma Hospital Association.

38 Senate Journal

Jones, Bob E., Oklahoma Osteopathic Association.

Kautz, James Patrick, Oklahoma School Employees Union 1357.

Keleher, T.H., Household International.Kelley, Steven Russell, Oklahoma Inde

pendent Petroleum Association.Kelsey, Lyle Reed, Oklahoma State Med

ical Association.Ketchum, Michael L., Monsanto Com

pany.Kiesling, Donald F ., Fort Howard Paper

Company.LaMar, Carolyn Celia, League of Women

Voters of Oklahoma.Landrum, Robin D., Oklahoma Farm

Bureau.Larsen, Joyce G., Tulsa Classroom

Teachers Association, Inc.Lehew, Max L., Southwestern Bell Tele

phone Company.Long, Curtis M., ONEOK, Inc.Long, Noel G ., Oklahoma Society of Pro

fessional Engineers.Loosley, Edwin Clark, Conoco, Inc.Lowrey, Robert Wayne, Professional In

surance Agents.Marcus, Stephanie, Enserch Corporation.Matthews, Paul William, Highway Users

Federation.Mayes, Luther E., American Association

of Retired Persons, Chapter 1951, Oklahoma City.

McCartney, Gayle Estelle, Automotive Wholesalers of Oklahoma.

McFall, Kenneth R., Oklahoma Farm Bureau.

McKeown, James Peter, Independent Bankers Association of Oklahoma.

McKinney, Rick L ., The Associated General Contractors of America, Inc.

McMullen, Alfred H., General Motors Corporation.

McNally, Kathleen Marie, Oklahoma Farm Bureau.

McQuay, Mary, Oklahoma Common Cause.

McSpadden, Clem R., Oklahoma Mining and Reclamation Association; Oklahoma

Room and Board Association; Oklahoma Troopers Association; Motion Picture Association of America; Glass Packaging Institute.

Meredith, Theodore H. “ Ted” , Georgia-Pacific Corporation.

Mills, Gerald R., Texaco, Inc.Mills, James Edward, Thunderbird Bank

ers for a Better Oklahoma; Thunderbird Financial Corporation.

Mitchell, Dudley Lee, Associated Builders and Contractors of Oklahoma, Inc.

Mitchell, Marcial Y ., Capitol Hill Funeral Home, Inc.; Hahn-Cook Funeral Home, Inc.; Resthaven Memory Gardens of Oklahoma City Trust.

Moore, Frank, Oklahoma Farm Bureau.Moore, Verne D., Farmers Alliance Mu

tual Insurance Company.Morgan, Richard L., Getty Oil Co.Morrison, Charles R., Sears, Roebuck

and Company.Moseley, Dixie Lee, Oklahoma Credit

Union League.Moyer, William A ., Oklahoma Municipal

League.Mulkey, Jack E., Edmond Chamber of

Commerce; Edmond Industrial Development Authority; Arcadia Lake Association.

Mullings, J. Mike, Disabled American Veterans Chapter 74.

Murphy, Harold D ., National Association of Retired Federal Employees, Chapter 946.

Murphy, Thomas C., Fort Howard Paper Company.

Nagel, Bruce W., Fort Howard Paper Company.

Nance, Isham Claud, National Association of Letter Carriers, Branch 458; American Association of Retired Persons, Chapter 1019; National Association of Retired Federal Employees.

Norton, Charles E. “ Chalk” , Professional Firefighters of Oklahoma AFL-CIO/CLC.

Oliver, Ira T ., Oklahoma Society of Professional Engineers.


Oscarson, Eric Allen, Employers Unity, Inc.

Owen, Charles Alan, Oklahoma Municipal Police Officers Association.

Paddleford, James H., State Farm Insurance Companies.

Paden, Lee W., Public Service Company of Oklahoma.

Park, David Olen, Oklahoma Independent Auto Dealers Association.

Parker, Shirley K ., United Auto Workers, Local 1999.

Peterka, Calvin O., Air Transport Association; American Airlines, Inc.

Pippin, Tra C., Automotive Wholesalers of Oklahoma; Automotive Service Industries Association.

Pitts, Marc Randall, United Gas Pipe Line Company.

Pitts, William O., Mid-Continent Oil and Gas Assoc., Okla.-Kansas Oil and Gas Div.

Plummer, H. Wayne, Weyerhaeuser Company.

Porcaro, Edward Thomas, Metropolitan Life Insurance Co.

Price, James H., Metropolitan Tulsa Chamber of Commerce.

Pringle, Laura Nan, Oklahoma Bankers Association.

Pugh, Roger Darrell, National Federation of Independent Business.

Pyron, Rob L., Oklahoma State Nursing Home Association.

Reese, Timothy S., National Federation of Independent Businesses.

Reid, James Anderson, Oklahoma Association of Indep>endent Colleges and Universities.

Reynolds, William A ., Tobacco Institute.Rhodes, Horace G., Association of Okla

homa Life Insurance Companies.Rider, Donald Clarence, Oklahoma

Municipal League.Rinehart, William Galeard, Gulf Oil Cor

poration.Roscher, Elden G., Oklahoma Retail

Grocers Association.Rowton, Charles Henry, Exxon, USA.

• Sala, Kenneth E., Legislative Task Force of Senior Citizens Groups.

Savage, Ann S., League of Women Voters of Oklahoma.

Schaefer, Margaret R. “ Sandy” , Oklahoma Malt Beverage Association.

Schirf, Dean, Oklahoma City Chamber of Commerce.

Sears, Beryl F., Oklahoma Farm Bureau.Simone, Charles E., Independent Insur

ance Agents of Oklahoma, Inc.Sito, James F., Disabled American Vet

erans Chapter 74.Skeith, William H. “ Bill” , Association

of Oklahoma General Contractors.Sloan, Raymond Earl, The Upjohn Com

pany.Smith, Keith Blayne, National Organiza

tion for Women — South Central Region.Smith, L. L., Disabled American Veter

ans Chapter 74.Smith, Patsey Annette, Norrell Services,

Inc.Smith, Virgil L. “ Fred” , Sun Company,

Inc.Springer, Jack G ., Oklahoma State Cham

ber of Commerce.Stacy, Gaylon L., Oklahoma Lumber

men’s Association.Stewart, James, Oklahoma Farm Bureau.Stewart, Lynne, Oklahoma Education As

sociation.Stilwell, Russell L., United Mine Work

ers of America.Stone, John L ., Fort Howard Paper Com

pany.Stratton, Wayne Robert, Alliance of

American Insurers.Stuckey, Charles Vernon, Oklahoma

Society of Certified Public Accountants.Swinton, Charles Donald, Oklahomans

for Modem Banking.Taylor, Clayton C., Phillips Petroleum

Company and its subsidiaries.Taylor, Wallace A., Oklahoma Pharma

ceutical Association.Tevington, Andrew John, Oklahoma As

sociation of Realtors.

40 Senate Journal

Thomason, M. Ruth, Oklahoma Education Association; Tulsa Classroom Teachers Association.

Thompson, Charles Glen, General Driver, Chauffeurs and Helpers Local Union 886.

Thompson, Claud, Sooner Alcohol Narcotics Education.

Tippens, Terry Warren, Lona Corporation; Jerry Fhitnam; Lona Putnam.

Toalson, Michael L., Oklahoma League of Savings and Loan Associations.

Toma, Albert H., Ill, Fort Howard Paper Company.

Townsend, James B., Farmers Insurance Company, Inc.

Tramuto, James A., United Energy Resources, Inc. and all subsidiaries.

Tuley, Jim, Oklahoma Farm Bureau.Tyner, Gene, Sr., Sierra Club.Vaughn, Raymond L., Jr., Oklahoma

Podiatry Association.Waddle, Frances I., Oklahoma Nurses

Association.Wallgren, Virgil O., Oklahoma Federa

tion of Coon Hunters; Oklahoma State Fox and Wolf Hunters Association.

Ward, Dale Talmadge, Sheet Metal Workers Local Union 270.

Waters, Christopher Eugene Bayley, Christopher Eugene Bayley Waters.

Watkins, Larry, Oklahoma Association of Electric Cooperatives.

Watson, Weldon Lee, Oklahoma Natural Gas Company.

Wegner, Ulysses E., Oklahoma Farm Bureau.

Wheat, Willis J., Liberty National Bank and Trust Company.

Wheatley, Richard L., Jr., Bank of Oklahoma and affiliated banks.

Whitsel, Ila, Education Support Personnel of Oklahoma.

Wiedemann, Anna Belle, Oklahoma Association of Conservation Districts.

Williams, C. Michael, Oklahoma Horsemen’s Association.

Williams, Ross J., Oklahoma State AFL- CIO.

Wilson, James E ., Oklahoma Gas & Electric Company.

Witherspoon, John C., International Paper Company.

Woolbright, Jackie Shane, Municipal Electrical Systems of Oklahoma.

Wright, Clarence J., Jr., American Legion Department of Oklahoma.


The following executive nominations were received and referred to the Committee on Executive Nominations during the 1982 Interim of the 38th Legislature:

Lillie Buckner, Oklahoma City, as lay- member on the Board of Registration for Professional Engineers and Land Surveyors.

Mary Byrd, Shawnee, as a member of the Board of Regents of Seminole Junior College.

Dr. Wallace Byrd, Coalgate, as a member to the State Board of Health.

Andrew Callaway, Vian, as a member to the Wildlife Conservation Commission.

Jack L. Coffey, Shawnee, as a member to the Board of Pharmacy.

Elizabeth Kirkpatrick “ Liddy” Doenges, Tulsa, as a member to the State Arts Council of Oklahoma.

Tom Dunlap, Oklahoma City, as a member to the Board of Governors of the Registered Dentists of Oklahoma.

G. Douglas Fox, Tulsa, as a member to the Real Estate Commission.

Jo Ann Fullerton, Oklahoma City, as a member to the Oklahoma Board of Private Schools.

Linda Gibbs, Holdenville, as a member to the State Arts Council of Oklahoma.

Douglas Gibson, Oklahoma City, as a member to the Board of Licensed Social Workers.

Sara Lynn Glenn, R.E., Oklahoma City, as a member to the State Board of Elec- trology.

Ray Goetsch, Midwest City, as a member to the Real Estate Commission.


Obera Goodwin, Durham, as a member to the Board of Governors of the Registered Dentists of Oklahoma.

Elmer Graham, Walters, as a member to the Oklahoma Turnpike Authority.

Dr. Nolan Gross, Tulsa, as a member to the Veterinary Medical Examiners Board.

Anna Hazel Holland, Madill, as a member to the Board of Regents of Murray State College.

Candis Ann Holloway, Oklahoma City, as a member to the State Textbook Committee.

Wayman Humphrey, Tulsa, as a member to the Board of Regents of Tulsa Junior College.

Carroll Jackson, Tulsa, as a member to the Used Motor Vehicle and Parts Commission.

Loretta Jackson, Chickasha, as a member to the State Banking Board.

Jimmy D. Johnson, Lawton, as a member to the Board of Licensed Social Workers.

June Kendall, Cheyenne, as a member to the Oklahoma State Textbook Committee.

William G. Kerr, Oklahoma City, as a member to the State Arts Council of Oklahoma.

Scott King, Ardmore, as a member to the Oklahoma Conservation Commission.

Tom W. Kurtz, Tulsa, as a member to the Oklahoma State Board of Public Accountancy.

Zane E. LaCroix, Yukon, as a member to the Board of Examiners for Speech Pathology and Audiology.

Mrs. Jerry Daniel Lyons, Pryor, as a member to the Board of Regents for Rogers State College.

Jack De McCarty, Newkirk, as a member to the Oklahoma State Bureau of Investigation.

Gene McKown, Norman, as a member to the Economic Development Commission.

Joyce Moore, Ada, as a member to the Board of Licensed Social Workers.

Linda Moore, Hollis, as a member to the State Textbook Committee.

Jack E. Naifeh, Tulsa, as a member to the War Veterans Commission.

Robert H. Nelson, Tulsa, as a member to

the Board of Examiners for Speech Pathology and Audiology.

David Oakley, Bartlesville, as a member to the Used Motor Vehicle and Parts Commission.

Scott Ousley, Marlow, as a member to the Board of Regents for University of Science and Arts of Oklahoma.

Rev. W.B. Parker, Spencer, as a member to the Human Rights Commission.

LaVem Phillips, Woodward, as a member to the State Arts Council of Oklahoma,

G.K. Richardson, Henryetta, as a member to the State Mining Board.

Bill Rodgers, Jr., Blackwell, as a member to the Board of Regents of Northern Oklahoma College.

Johnnie R. Ruhl, Kingfisher, as a member to the Board of Regents of El Reno Junior College.

Marcus Salazar, Oklahoma City, as a member to the State Library Department.

J.D. Sapp, Oklahoma City, as a member to the Real Estate Commission.

Karen Scheirman, Oklahoma City, as a member to the State Board of Electrology.

Carol Windham Smith, Poteau, as a member to the State Arts Council of Oklahoma.

Doris Smith, Alva, as a member to the State Arts Council of Oklahoma.

Herman Smith, Oklahoma City, as a member to the Engineers and Land Surveyors Board of Registration.

Randall Spears, Ardmore, as a member to the Alcoholic Beverage Control Board.

Mr. Davie C. Spindle, Checotah, as a member to the Board of Regents of Eastern Oklahoma State College.

Earl Walker, Okemah, as a member to the Water Resources Board.

Carol Williams, Tulsa, as a member to the Controlled Industrial Wdste Management Council.

MESSAGE FROM THE HOUSE

Advising the Honorable Senate that the House is organized and ready to convene in Joint Session.

42 Senate Journal

Senator Schuelein moved that the Senate adjourn to meet with the House in Joint Session, and that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday, January 5, 1983, at 1:30 p.m., which motion prevailed.

JOINT SESSION

The Senate and House of Representatives of the 39th Legislature, in Joint Session, were called to order by President Bernard.

Upon motion of Senator Schuelein, the attendance roll call of the Senate was considered the roll call of the Senate in Joint Session, as follows:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.


President Bernard declared a quorum of the Senate present.

UpKjn motion of Representative Fitzgib- bon, the attendance roll call of the Honorable House was considered the attendance roll call of the House in Joint Session, as follows:

Present: Abbott, Adair, Anderson, Atkinson, Baker, Barker, Baughman, Blodgett, Boeckman, Boyd, Brewster, Brown, Caldwell, Clark, Cole, Combs, Conaghan, Converse, Cotner, Cox, Craighead, Davis (Frank), Davis (Guy), Davis (Porter), Deatherage, Denman, Duckett, Duke, Fair, Fitzgibbon, Formby, Fried, Garrison, Glover, Gordon, Graves, Gray, Grieser, Hale, Hall, Hamilton, Haney, Harbin, Harris,

Harvey, Hastings, Henry, Henshaw, Hill, Hobson, Holden, Holt, Hooper, Johnson (Don), Johnson (Glen), Joiner, Kamas, Kelly, Kincheloe, Koppel, Lancaster, Lawter, Leftwich, Lewis, Little, Littlefield, Logan, Manar, McCorkell, Mentzer, Monks, Morgan, Murphy, Osborne, Peterson, Pitezel, Reimer, Rieger, Riggs, Rogers, Ross, Sanders, Sherrer, Shurden, Sill, Smith (Bill), Smith (Jerry), Stottlemyre, Talley, Thompson, Vanatta, Vaughn, Virtue, Whorton, Widener, Williams (Freddye), Williams (Penny), Williamson, Willis, Mr. Speaker.— 100.

Excused: Twidwell.— 1.

Speaker Draper declared a quorum of the House present.

President Bernard declared quorums of the Senate and the House present and the Joint Session properly assembled.

The invocation was offered by Mr. Hubert Pumlee, guest of President Bernard.

INTRODUCTIONS

President Bernard introduced Mrs. Jo York and Yancy York; Mrs. Mary Lee Drapier, wife of Speaker Draper; Mrs. Vivian Bernard and Donna Nigh, the first lady of the State of Oklahoma.

JOINT RULES

Upon motion of Mr. Fitzgibbon, the Joint Rules of the 38th Legislature were adopted as the temporary Joint Rules for the 39th Legislature.

Speaker Draper presiding.

COMMUNICATIONS

November 8, 1982


The Honorable Jeannette B. Edmondson Secretary of State State Capitol Building Oklahoma City, Oklahoma 73105

Dear Mrs. Edmondson:

1 transmit to you herewith a sealed envelope addressed to the Speaker of the House of Representatives containing the results of the General Election held November 2, 1982, to be delivered by you to the Speaker pursuant to the provisions of the Oklahoma Constitution.

Respectfully,

LEE SLATER, Secretary State Election Board

November 8, 1982

The Honorable Dan DraperSpeaker of the House of RepresentativesState Capitol BuildingOklahoma City, Oklahoma 73105

Dear Mr. Speaker:

1 hereby certify that the attached compilation is a complete list of the names of all candidates voted for at the General Election held November 2, 1982, for the offices indicated, and that the figures set opposite the names represent the sum of the total vote cast for each as certified to this office by the county election boards of the State.

Respectfully submitted,

LEE SLATER, Secretary State Election Board

The Speaker declared elected to the respective offices listed below the candidates whose names are shown in boldface type:

STATE OFFICERS

D - Democrat R - Republican I - Independent

GOVERNOR George Nigh (D)Tom Daxon (R)Allah-U Akbar Allah-U Wahid (I)

LIEUTENANT GOVERNOR Spencer Bernard (D)Norman A. Lamb (R)

STATE AUDITOR AND INSPECTOR Clifton H. Scott (D)Dale E. Wallis (R)

ATTORNEY GENERAL Mike Turpen (D)Earl R. Donaldson (R)

RESIDENCE VOTEOklahoma City 548,159Oklahoma City 332,207Oklahoma City 2,764

Rush Springs 512,772Enid 321,265

Tecumseh 465,574Stillwater 331,016

Muskogee 586,748Oklahoma City 228,609

44 Senate Journal

STATE TREASURERLeo Winters (D)Phyllis R. Gault (R) Pat Patton (I)

DurantNormanBlanchard

505,160314,732

14,627

SUPERINTENDENT OF PUBLIC INSTRUCTION Leslie R. Fisher (D)Charles W. Sandmann (R)

MooreOklahoma City

511,176284,443

INSURANCE COMMISSIONER Gerald Grimes (D) Oklahoma City Unopposed

CORPORATION COMMISSIONER (Short Term) James B. Townsend (D) Shawnee Unopposed

CORPORATION COMMISSIONER (Long Term) Norma Eagleton (D) Oklahoma City Unopposed

CONGRESS District No. 1 James R. Jones (D)Richard C. Dick Freeman (R)

TulsaTulsa

76,37964,704

District No. 2 Mike Synar (D)Lou Striegel (R)

Muskogee Broken Arrow

111,89542,298

District No. 3 Wes Watkins (D)Patrick K. Miller (R)

AdaSnow

121,67026,335

District No. 4 Dave McCurdy (D)Howard Rutledge (R) Marshall A. Luse, Jr. (I) Charles T. Emerson (I)

Norman Norman Oklahoma City Davis

84,20544,351

441507

District No. 5 Dan Lane (D)Mickey Edwards (R) Paul E. Trent (I)

Oklahoma City Washington, D.C. Norman

42,45398,979

5,777

District No. 6 Glenn English (D)Ed Moore (R)

CordellYukon

102,81133,519


JUDICIAL OFFICERS

JUSTICES OF THE SUPREME COURT — Retention Ballot

OFFICENO.

3NAMEMarian P. Opala

RESIDENCE Oklahoma City

YES478,916

NO201,972

4 Pat Irwin Oklahoma City 478,612 195,893

7 Don Barnes Edmond 484,202 191,678

JUDGE OF THE COURT OF CRIMINAL APPEALS - - Retention Ballot

OFFICENO.

2NAME Tom Brett


YES486,738

NO200,252

JUDGE OF THE COURT OF APPEALS

DIST. OFFICE

Non-Partisan

NO. NO. NAME RESIDENCE VOTE1 2 Wm. W. Means Tulsa 81,240

(two-year term) Fred P. Gilbert Tulsa 43,908

2 1 John D. Boydston(unexpired term ending 1984)

Tulsa Unopposed

2 2 Fred DeMier Miami 65,273(two-year term) W. Keith Rapp Tulsa 59,396

3 2 Ron Stubhlefield Durant Unopposed(four-year term)

4 2 Donald L. Howard Midwest City Unopposed(four-year term)

5 1 Stewart M. Hunter Oklahoma City Unopposed(six-year term)

5 2 Patricia Dougherty Rohinson Oklahoma City 73,235(six-year term) George Camp Oklahoma City 50,004

6 1 Charles M. Wilson Oklahoma City 62,359(six-year term) Samuel K. Barton Shattuck 46,707

6 2 Joe Young Woodward Unopposed(six-year term)

46 Senate Journal

DISTRICT JUDGE — Non-Partisan

DIST.NO.

1

OFFICENO.

1NAME Frank Ogden

RESIDENCEGuymon

VOTEUnopposed

2 1 Giles C. Peterson Gary P. McGinn

Cheyenne Elk City

8,5448,816

3 1 Paul Braun Hobart Unopposed

4 I Ray Dean Linder Alva Unopposed

4 2 Richard W. Pickens Enid Unopposed

4 3 William O. Green Enid Unopposed

5 1 Jack Brock Lawton Unopposed

5 2 George W. Lindley Duncan Unopposed

5 3 Keith B. Aycock J. Winston Raburn

LawtonLawton

18,65119,115

5 4 William M. Roberts Lawton Unopposed

5 5 Kenneth L. Youngblood Lawton Unopposed

6 1 Milbern Jay Adams Anadarko Unopposed

7 I Charles L. Owen Oklahoma City Unopposed

7 2 Homer Smith Oklahoma City Unopposed

7 3 David M. Cook Oklahoma City Unopposed

7 4 Karl R. Gray Oklahoma City Unopposed

7 5 Jack R. Parr Oklahoma City Unopposed

7 6 William C. PageWilliam M. Allen

Bethany Oklahoma City

47,53839,653

7 7 William S. Myers, Jr. Oklahoma City Unopposed

7 8 William R. Saied Oklahoma City Unopposed

7 9 James L. GullettJon Hester

Oklahoma City Oklahoma City

45,08541,875


DIST.NO.

7

OFFICENO.10

NAMEWilliam C. Kessler


VOTEUnopposed

,7 11 Raymond Naif eh Oklahoma City Unopposed

7 12 Arthur Lory RakestrawJack L. Freeman

Oklahoma City Edmond

53,38038,385

7 13 Joe Cannon Edmond Unopposed

7 14 John M. Amick Oklahoma City Unopposed

8 1 Lowell Doggett Ponca City Unopposed

9 1 Ray Lee Wall Stillwater Unopposed

10 1 Don H. Hampton Pawhuska Unopposed

11 1 John G. Lanning Bartlesville Unopposed

12 1 William J. WhistlerWilliam T. Witt

VinitaPryor

14,80011,251

12 2 Byron Ed Williams Claremore Unopposed

13 1 Sam C. Fullerton Miami Unopposed

14 1 Robert D. Frank Ronald L. Shaffer

TulsaTulsa

57,21863,813

14 2 Joe Jennings Tulsa Unopposed

14 3 Jane P. Wiseman Tulsa Unopposed

14 4 Margaret Lamm Tulsa Unopposed

14 5 Robert J. ScottCharles D. Amey

PawneePawnee

83,19929,932

14 6 Robert F. MartinKenneth W. East

TulsaTulsa

73,26943,286

14 7 M. M. McDougal Tulsa Unopposed

14 8 Clifford E. Hopper Tulsa Unopposed

14 9 Jay Dalton Tulsa Unopposed

48 Senate Journal

DIST.NO.14

OFFICENO.10

NAMERichard V. Armstrong

RESIDENCETulsa

VOTEUnopposed

14 11 Patricia M. Hoebel(Died July 21, 1982)

Tulsa Unopposed

14 12 David E. Winslow Tulsa Unopposed

14 13 Robert E. Caldwell Tulsa Unopposed

15 1 Hardy Summers Muskogee Unopposed

15 2 William H. Bliss Tahlequah Unopposed

15 3 Bill Ed Rogers Sallisaw Unopposed

15 4 Elmer C. NelsonRoger Hilfiger

MuskogeeMuskogee

24,51222,347

16 1 Pat PateGeorge H. McBee

PoteauPoteau

7,61811,092

17 1 G. Gail Craytor Eagletown Unopposed

18 1 Robert A. Lay den McAlester Unopposed

19 1 Joe C. Taylor Durant Unopposed

20 1 Woodrow George Ardmore Unopposed

20 2 H. Leo Austin Tishomingo Unopposed

21 1 Preston A. Trimble Norman Unopposed

21 2 J. Kenneth LoveJohn A. Blake

Washington Pauls Valley

28,27422,750

21 3 Mike McDanel Norman Unopposed

22 1 Gordon R. Melson Seminole Unopposed

22 2 Ronald L. JonesMichael L. Addicott

AdaAda

12,4159,777

22 3 Gary R. Brown Wewoka Unopposed

23 1 Milton C. Craig Chandler Unopposed


DIST. OFFICENO. NO. NAME RESIDENCE VOTE23 2 Loyd H. Henry Shawnee Unopposed

24 I Donald D. Thompson Sapulpa Unopposed

24 2 Jess I. Miracle Okemah Unopposed

24 3 John Maley Okmulgee Unopposed

24 4 Charles S. Woodson Drumright Unopposed

24 5 Edgar R. Boatman Okmulgee Unopposed

25 1 Lavern Fishel Coalgate Unopposed

26 1 Stan Chatman Yukon 9,383Stanley Payne Pierce El Reno 6,553

ASSOCIATE DISTRICT JUDGE — Non-Partisan

COUNTY NAME RESIDENCE VOTEAdair L.T. Spray Stilwell 2,468

John C. Garrett Stilwell 3,351

Alfalfa Wayne B. Smith Cherokee Unopposed

Atoka Reid K. Mayfield Atoka 2,195Richard E. Mayfield Atoka 1,799

Beaver James F. Lane Beaver Unopposed

Beckham Richard L. Dugger Elk City Unopposed

Blaine Mike Cunningham Watonga 2,544Larry D. Smith Watonga 1,868

Bryan John Allen Phillips II Durant 3,021Billy A. Mickle Durant 5,139

Caddo James R. Winchester Hinton Unopposed

Canadian Edward C. Cunningham El Reno Unopposed

Carter Thomas S. Walker Ardmore Unopposed

Cherokee Lynn Burris Tahlequah Unopposed

Choctaw James R. Wolfe Hugo Unopposed

50 Senate Journal

COUNTYCimarron

NAMEGeorge H. Leach

RESIDENCE Boise City

VOTEUnopposed

Cleveland Alan J. Couch Norman Unopposed

Coal Harrell F. Folio well Coalgate Unopposed

Comanche Chad Bledsoe Lawton Unopposed

Cotton David J. Aubrey Walters Unopposed

Craig Jess B. Clanton, Jr. Vinita Unopposed

Creek Streeter Speakman Sapulpa Unopposed

Custer Alan Markum Arapaho Unopposed

Delaware Frieden Lee Machesney Larry Oakes

JayGrove

2,9484,850

Dewey Robert W. Collier Taloga Unopposed

Ellis Charley W. Barton Arnett Unopposed

Garfield James Sears Bryant Enid Unopposed

Garvin Max Scarce Pauls Valley Unopposed

Grady Oteka L. AlfordMichael A. Emmons

ChickashaChickasha

5,8594,703

Grant John W. Michael Medford Unopposed

Greer David E. Brooks Mangum Unopposed

Harmon William M. Fancher Hollis Unopposed

Harper Alan R. Gottsch Buffalo Unopposed

Haskell John N. Henderson Stigler Unopposed

Hughes Gregg M. Smith Holdenville Unopposed

Jackson Loys Criswell Altus Unopposed

Jefferson P.C. Largent, Jr. Waurika Unopposed

Johnston Stanley Lee Anderson Tishomingo Unopposed


COUNTYKay

NAMERoger Mullins

RESIDENCE Ponca City

VOTEUnopposed

Kingfisher Robert C. Lovell Hennessey Unopposed

Kiowa Lloyd R. Reeder Hobart Unopposed

Latimer Bill Welch Wilburton Unopposed

LeFlore Robert Edward Price Poteau Unopposed

Lincoln Robert L. Foster Chandler Unopposed

Logan Bob WardElizabeth McCallister

GuthrieGuthrie

3,7244,145

Love Kenneth L. Delashaw, Jr. Marietta Unopposed

McClain Noah Howard Ewing, Jr. Purcell Unopposed

McCurtain John A. Tony Benson Idabel Unopposed

McIntosh Joseph M. LeMasters, Jr. Eufaula Unopposed

Major James A. Wilkinson Fairview Unopposed

Marshall Gary L. LumpkinJoseph O. Minter

MadillMadill

2,1821,956

Mayes W.M. Thomas Pryor Unopposed

Murray William R. Fulton Sulphur Unopposed

Muskogee Lyle Burris Muskogee Unopposed

Noble Kenneth P. Reed Perry Unopposed

Nowata Glenn H. Chappell Nowata Unopposed

Okfuskee Franklin D. Rahhal Okemah Unopposed

Oklahoma Charlie Y. Wier Midwest City Unopposed

Okmulgee Anne E. Moroney Okmulgee Unopposed

Osage Mermon H. Potter Pawhuska Unopposed

Ottawa Jon D. Douthitt Miami Unopposed

52 Senate Journal

COUNTYPawnee

NAMEDouglas C. Revard

RESIDENCEPawnee

VOTEUnopposed

Payne Charles Headrick Stillwater Unopposed

Pittsburg Wesley Brown McAlester Unopposed

Pontotoc Jessie Green Ada Unopposed

Pottawatomie Glenn Dale CarterIrvin Owen

TecumsehShawnee

13,0774,136

Pushmataha Lowell R. Burgess, Jr. Antlers Unopposed

Roger Mills K.C. Perryman Cheyenne Unopposed

Rogers Edwin D. Carden Claremore Unopposed

Seminole Bill Biggers Wewoka Unopposed

Sequoyah Fred D. Jack GreenFranklin Day

SallisawRoland

4,8511,784

Stephens Joe H. EnosEllen Colclasure Steely

DuncanDuncan

7,8845,722

Texas Don Dale Guymon Unopposed

Tillman Harrison Roe Frederick Unopposed

Tulsa B.R. Beasley Tulsa Unopposed

Wagoner Paul E. Simmons Broken Arrow Unopposed

Washington Janice P. DreilingJim Conatser

BartlesvilleBartlesville

10,9375,548

Washita John Charles Edwards Cordell Unopposed

Woods Worth B. McCauley William E. Gruber

AlvaAlva

1,7642,426

Woodward Ray Don Jackson Woodward Unopposed

DISTRICT ATTORNEY

12

Don E. Wood (D) James P. Garrett (D)

GuymonMangum

UnopposedUnopposed


3 Steven S. Suttle (D) Altus Unopposed4 Cathy Stocker (R) Enid Unopposed5 Dick W. Tannery (D) Lawton Unopposed6 Tony R. Burns (D) Anadarko Unopposed7 Bob Macy (D) Oklahoma City 81,410

Wayne Wells (R) Oklahoma City 54,1688 Joseph A. Wideman (D) Newkirk Unopposed9 Jim Langley (D) Stillwater Unopposed

10 Larry D. Stuart (D) Pawhuska Unopposed11 Craig D. Corgan (R) Bartlesville Unopposed12 T. Jack Graves (D) Claremore Unopposed13 Thomas H. May (D) Fairland Unopposed14 David Moss (D) Tulsa Tulsa Unopposed15 W.A. Drew Edmondson (D) Muskogee Unopposed16 Don Sullivan (D) Poteau Unopposed17 Don Shaw (D) Idabel Unopposed18 Donald Ray Roberts (D) McAlester Unopposed19 Larry G. Grant (D) Durant Unopposed20 Ronald E. Worthen (D) Ardmore Unopposed21 Tully McCoy (D) Purcell Unopposed22 William N. Peterson (D) Ada Unopposed23 Bill Roberson (D) Shawnee 14,809

Virginia Henson (1) Shawnee 8,77524 David Young (D) Sapulpa 10,571

Doug Golden (I) Drumright 7,32824A Greg Stidham (D) Checotah Unopposed26 Tom Gruber (D) Alva Unopposed27 Gerald Hunter (D) Sallisaw Unopposed

STATE SENATOR*County divided into two or more districts.

D IS T.NO.

2C O U N T Y *Mayes, Rogers

N A M EStratton Taylor (D)

RESIDENCEClaremore

V O TEUnopposed

4 LeHore, *McCurtain, ♦Sequoyah

Joe Johnson (D )Jerry Hanna (R)

HeavenerCameron

10,8785,648

6 ♦Atoka, Bryan, Johnston, Marshall

Roy Boatner (D ) Durant Unopposed

8 ♦Haskell, McIntosh, ♦Muskogee, Okmulgee, ♦Sequoyah

Robert L . Bob Miller (D ) Beggs Unopposed

10 ♦Kay, Noble, ♦Osage, ♦Pawnee, ♦Payne

John L . Dahl (D ) Bamsdall Unopposed

11 (two-year term) ♦Osage, ♦Tulsa.

Bernard J . McIntyre (D )Luther T . Woodard (R)

TulsaTulsa

10,4872.754

54 Senate Journal

D IST.NO.

12

C O U N T Y

*Creek, *Lincoln, *Okfuskee

N A M E

John W . Young (D )

RESIDENCE

Sapulpa

V O T E

Unopposed

14 Carter, Love, *Murray Darryl F . Roberts (D ) Ardmore Unopposed

16 *Cleveland Lee Cate (D ) Jim Helm (R)

NormanNorman

9,4209,362

20 Alfalfa, *Garfield, Grant, *Kay, *Woods

William P. Bill O 'Connor (R ) Ponca City Unopposed

22 ♦Blaine, *Canadian, ♦Kingfisher, *Logan, ♦Major

Tom Erbar (D )Ralph J . Butch Choate (R )

El Reno Hennessey

9,61912,184

24 ♦Caddo, *Grady, Jefferson, Stephens

Kenneth K . Landis (D ) Duncan Unopposed

26 ♦Beckham, Greer, *Jackson, Kiowa, Tillman, Washita

Gilmer N . Capps (D ) Snyder Unopposed

32 ♦Caddo, ♦Comanche A1 TerrUI (D )Harry M . Conner (R)

LawtonLawton

9,6144,741

34 ♦Osage, *Tulsa, ♦Washington Robert V . Cullison (D ) Tulsa Unopposed

36 ♦Tulsa, *Wagoner Gene Howard (D ) Frank Rhodes (R )

TulsaCatoosa

7,5829,465

38 ♦Beckham, Custer, Harmon, ♦Jackson, *Roger Mills

Wayne W inn (D ) Weatherford Unopposed

40 ♦Oklahoma Mike Combs (D ) Leo Kingston (R)

BethanyBethany

10,6267,717

42 ♦Oklahoma James F . Howell (D) Midwest City Unopposed

44 ♦Oklahoma M arvin York (D )Randy Walton (R)


7,7767,390

46 ♦Oklahoma Bernest Cain (D ) Oklahoma City Unopposed

48 •Oklahoma E . Melvin Porter (D ) Oklahoma City Unopposed

50 ♦Lincoln, *Logan, ♦Pottawatomie, Seminole

Bill Dawson (D ) Seminole Unopposed

51 (two-year term)♦Mayes, ♦Tulsa, *Wagoner

Charles R . Ford (R ) Tulsa Unopposed

52 ♦Canadian, *Oklahoma Ray Grantham (D ) Bethany 4,806E .W . KeUer (R ) Bethany 12,059


D IS T.NO. C O U N T Y N A M E RESIDENCE V O T E

54 ♦Tulsa, ♦Wagoner Sharon L . Collins Cummins (D ) Tulsa Gerald Ged W right (R ) Tulsa

6,8878,700

Don Cummins, died October 24, 1982 (absentee only)

STATE REPRESENTATIVE♦County divided into two or more districts

40

1 ♦McCurtain Mike M urphy (D) Idabel Unopposed

2 Sequoyah Don Mentzer (D ) Sallisaw Unopposed

3 ♦LeRore M ick Thompson (D ) Poteau Unopposed

4 Cherokee William P. Willis (D ) Tahlequah Unopposed

5 ♦Delaware, ♦Mayes, ♦Ottawa Rick M . Littlefield (D )Hank Toliver (R)

GroveGrove

7,4602,225

6 Craig, *Mayes, ♦Nowata, *Rogers George Vaughn (D ) Big Cabin Unopposed

7 ♦Ottawa Joseph E . Fitzgibbon (D ) Miami Unopposed

8 ♦Mayes, ♦Rogers, *Wagoner J .D . Whorton (R ) Pryor Unopposed

9 ♦Rogers BiUy C . Boyd (D )Bob L. Brown (R)

ClaremoreClaremore

4,9084,315

10 ♦Osage, ♦Washington A .C . Holden (D )Lyle M . Webster (R)

DeweyBartlesville

5,8393,049

11 ♦Nowata, *Washington Don Koppel (R) Bartlesville Unopposed

12 ♦Muskogee, ♦Wagoner Bill Lancaster (D) Wagoner Unopposed

13 ♦Muskogee Jim Barker (D ) Muskogee Unopposed

14 ♦Muskogee John Monks (D) Muskogee Unopposed

15 Haskell, McIntosh, *Muskogee Charles R . Peterson (D ) Checoiah Unopposed

16 ♦Okmulgee Frank Shurden (D ) Henryetta Unopposed

17 Latimer, ♦LeFlore, ♦McCurtain, ♦Pittsburg

E .A . Red Caldwell (D ) Wilburton Unopposed

18 ♦Pittsburg Frank Harbin (D ) McAlester Unopposed

19 Choctaw, *McCurtain, Pushmataha Gary L . Sheerer (D ) Snow Unopposed

20 Atoka, Johnston, ♦Pittsburg Kenneth E . Converse (D) Maria E. Overstreet (R)

TishomingoWardville

6,9202,065

21 Bryan Guy Davis (D ) Caiera Unopposed

56 Senate Journal

D IS T.NO.

22

C O U N T Y

♦Carter, Coal, *Garvin, Murray, *Pontotoc

N A M E

Jack Kelly (D)

RESIDENCE

Sulphur

V O T E

Unopposed

23 ♦Tulsa, *Wagoner Tw yla Mason Gray (D )Kenny King (R)

TulsaTulsa

3,8223,755

24 Hughes, *Okfuskee, *Okmulgee Glen D. Johnson (D ) Okemah Unopposed

25 ♦Pontotoc Lonnie L . Abbott (D ) Ada Unopposed

26 ♦Pottawatomie Robert H . Henry (D ) Shawnee Unopposed

27 ♦Cleveland, ♦Pottawatomie Steve Lewis (D ) Shawnee Unopposed

28 ♦Okfuskee, Seminole Enoch Kelly Haney (D ) Seminole Unopposed

29 ♦Creek Jim Formby (D )Ernest B. Stone (R)

DrumrightMannford

5,4022,364

30 ♦Creek Benny F . Vanatta (D ) Sapulpa Unopposed

31 ♦Logan, *Noble Michael E. Wolfe (D ) Frank W . Davis (R )

PerryGuthrie

3,6315,661

32 Lincoln, ♦Logan Charlie O . Morgan (D) Prague Unopposed

33 ♦Payne Tom Hall (D )James 0 . Williams (R)

CushingCoyle

4,4933,830

34 ♦Payne Dan Draper (D )Lynn L. Gee (R)

StillwaterStillwater

5,2233,700

35 ♦Noble, ♦Osage, Pawnee, ♦Payne Don Johnson (D ) Pawnee Unopposed

36 ♦Osage Don Anderson (D) Tulsa Unopposed

37 ♦Kay To m Eads (D ) James D . Holt (R )

Ponca City Ponca City

4,0186,874

38 ♦Alfalfa, Grant, *Kay Dorothy D . Conaghan (R) Tonkawa Unopposed

39 ♦Alfalfa, ♦Blaine, *Garfield Kingfisher, Major

Thom Hunter (D ) Steven Boeckman (R)

KingfisherDover

3,2058,078

40 ♦Garfield Homer F . Rieger (R ) Enid Unopposed

41 ♦Garfield J . Bruce Harvey (R) Enid Unopposed

42 ♦Garvin, ♦Grady Don Garrison (D )John M . Cox (R)

Lindsay Pauls Valley

6,9532,031

43 ♦Canadian Harold Hale (D ) Yukon Unopposed


D IS T.NO.

44C O U N T Y

♦Cleveland

N A M ECleta Deatherage (D)

RESIDENCE

Norman

V O TE

Unopposed

45 ♦Cleveland Cal Hobson (D ) Linda L . Emery (R)

LexingtonNorman

4,0063,272

46 ♦Cleveland, McClain Jerry Smith (D ) Lindsay Unopposed

47 ♦Grady Denver Talley (D ) Chickasha Unopposed

48 ♦Carter Don Duke (D ) Ardmore Unopposed

49 ♦Carter, Love. Marshall Bill K . Brewster (D )Bill S. Woodruff (R)

MariettaMadill

8,0052,062

50 ♦Stephens J .D . Jay Blodgett (D ) Duncan Unopposed

51 Cotton, Jefferson, ♦Stephens Bill Smith (D ) Ringling Unopposed

52 Jackson Howard Cotner (D ) Altus Unopposed

53 ♦Cleveland Nancy Virtue (D)David Hopper (R)

NormanNorman

4,7843,630

54 ♦Cleveland Jimmy H. Whitaker (D ) Helen G . Cole (R)

MooreMoore

2,1714,739

55 ♦Caddo, Kiowa, Washita Em il L . Grieser (D ) Hobart Unopposed

56 ♦Caddo To m J . Manar (D ) Apache Unopposed

57 ♦Blaine, Custer Bill Widener (D ) Weatherford Unopposed

58 Woods, ♦Woodward Lewis M . Kamas (R ) Freedom Unopposed

59 ♦Blaine, Dewey, Ellis, Harper, Rollin D . Reimer (D ) Cheyenne Unopposed

Roger Mills, * Wood ward

60 Beckham, Greer, Harmon WUlie F . Rogers (D ) Mangum Unopposed

61 Beaver, Cimarron, Texas M .W . Milt England (D) Walter E . H ill (R)

GoodwellTurpin

3,6555.444

62 ♦Comanche Ken Harris (D ) Lawton Unopposed

63 ♦Comanche, Tillman M arvin L . Baughman (D) Geronimo Unopposed

64 ♦Comanche Roy B. Hooper, J r . (D) Lawton Unopposed

65 ♦Comanche Jim R . Glover (D) Elgin Unopposed

66 ♦Tulsa M . David Riggs (D ) Sand Springs Unopposed

67 ♦Tulsa Joan King Hastings (R) Tulsa Unopposed

58 Senate Journal

D IS T.NO.

68

C O U N T Y

*Tulsa

N A M E

Jay Logan (D)

RESIDENCE

Tulsa

V O T E

Unopposed

69 ’•'Tulsa Nelson Little (R) Tulsa Unopposed

70 ’"Tulsa Penny B. Williams (D)Lonny Davis (R)

TulsaTulsa

6,7743,136

71 “"Tulsa Joe Selph (D ) BUI Clark (R )

TulsaTulsa

4,6127,109

72 “"Tulsa Don McCorkell, J r , (D ) Tulsa Unopposed

73 “"Tulsa Don Ross (D) Tulsa Unopposed

74 “"Tulsa Gene D. Combs (D ) Collinsville Unopposed

75 “"Rogers, “"Tulsa Alene B. Baker (D ) Tulsa Unopposed

76 “"Tulsa George Whittenberg (D ) James A . Williamson (R )

Broken ArrowTulsa

2,5886,404

77 “"Tulsa Gary Stottlemyre (D )Joe P. Conner (R)

TulsaTulsa

4,4463,647

78 “"Tulsa Frank Pitezel (R) Tulsa Unopposed

79 “"Tulsa Jim Henshaw (R) Tulsa Unopposed

80 “"Tulsa Odean Helm (D ) Joe Gordon (R )

Broken Arrow Broken Arrow

3,7184,244

81 “"Oklahoma Dian Copelin (D ) Steve SiU (R)

EdmondEdmond

4,6185,735

82 “"Oklahoma George R. Hanks (D ) George Osborne (R)


2,7796,943

83 “"Oklahoma Gean Atkinson (R ) Oklahoma City Unopposed

84 “"Oklahoma Mike Wayne Speegle (D ) BUI Graves (R )

Bethany Oklahoma City

3,1105,630

85 “"Oklahoma Clara Anna Haas (D ) Porter Davis (R )


4,3337,182

86 Adair, “"Delaware, “"Mayes L a rry E . Adair (D )Dan Abbott (R)

StilwellStilwell

5,6843,587

87 “"Oklahoma E .C . Sandy Sanders (D ) Oklahoma City Unopposed

88 “"Oklahoma Don Denman (D )T . Phil Kierl (R)


3,1092,939


D IST.NO.

89

C O U N T Y

“"OklahomaN A M E

Rebecca Hamilton (D )Jim Bowman (R)

RESIDENCE


V O TE

3,4462,095

90 “"Oklahoma J . Mike Lawter (D )Pat Fancher (R)


2,9212,118

91 “"Oklahoma Keith C . Leftwich (D )Calvin Rees (R)


4,9282,748

92 ■"Oklahoma Jim Fried (D) Oklahoma City Unopposed

93 “"Oklahoma Ben Brown (D ) Oklahoma City Unopposed

94 “"Oklahoma Fred C . Joiner (D) Lewis Barber, Jr. (R)

Del City Del City

3,7332,461

95 “"Oklahoma David C . Craighead (D ) Midwest City Unopposed

96 “"Oklahoma Jim Zimmerman (D) Maxine C . Kincheloe (R)

HarrahChoctaw

3,2424,680

97 “"Oklahoma Kevin Cox (D ) Oklahoma City Unopposed

98 “"Canadian, “"Grady, “"Oklahoma Ross Duckett (D ) Mustang Unopposed

99 “"Oklahoma Freddye H . Williams (D ) Anthony Crosby (R)


4,185656

100 “"Canadian, “"Oklahoma Mike Fair (R ) Oklahoma City Unopposed

101 “"Oklahoma Carl Twidwell (D ) Midwest City Unopposed

President Bernard presiding.

Senator Schuelein moved that the President and Speaker appoint committees from the Senate and the Honorable House, respectively, as a Joint Committee to notify the Governor the 39th Legislature is now in Joint Session and ready to receive him and hear his message, which motion was declared adopted.

FOR THE SENATE — Senators Dennis, Capps and O’Connor.

FOR THE HOUSE — Representatives Davis (Guy), Lawter and Haney.

Sergeant at Arms, Bob Craig, was recognized and announced the arrival of the Chief

Executive, the Honorable George Nigh, accompanied by the Joint Committee.

Governor Nigh was escorted to the Speaker’s desk by the Joint Committee.

President Bernard presented Governor Nigh to the Joint Session, where he delivered his address as follows:

MESSAGE OFGOVERNOR GEORGE NIGH

Lieutenant Governor Bernard President Pro Tempore York Speaker DraperMembers of the First Session of the Thirty- Ninth Legislature

6 0 Senate Journal

Let me first say that I join the membership of this Joint Session in expressing the regret of the passing of two very outstanding Oklahomans and public servants just recently.

I would like on behalf of you and all of those of us at the State Capitol to officially express to the widows and the family of two great, fine gentlemen; the former Senator from the Panhandle, Texas County, Senator Leon Field; and that great Oklahoman who loved Oklahoma as probably no one else did. Hank Wade, who served for years as the Chief Guide here at the Capitol.

I personally learned from each of them — Leon Field is the first person who ever taught me graphically that the Panhandle was connected to the entire State of Oklahoma. He had a way of teaching you that. You learned it quick when you talked to Senator Field.

Hank Wade was an inspiration to those of us who are very proud of Oklahoma. After he would take tours of out of state visitors around the Capitol, our office would receive letters of commendation, specially pointing out their appreciation to Hank Wade.

So in a serious vein, I would like to join you in the expression to their families our appreciation for their public service.

History is being made today in two different ways. One of them I’m a little more excited about than the other. First of all, I’m very honored to have the privilege of being the first Governor to be elected twice. The other historical fact is that this is the first time in the history of the State of Oklahoma that we have a failure of revenues.

One, I’m excited about. The other, I’m concerned about. Like the old fellow said who was being ridden out of town on a rail after being tarred and feathered, “ If it weren’t for the honor of the thing. I’d just as soon walk. ’ ’

Twenty years ago Senator Kerr passed away on New Year’s day. As the Lt. Governor, I was serving at the time and Howard Edmondson then, as you recall, resigned. Then the Lt. Governor, who was me, became Governor. Twenty years ago.

I never will forget it. One of the first things I had to do after Edmondson had resigned and I became Governor was to appoint a new United States Senator. I’ll never forget how surprised Howard was when I said, “ Well, how about you?’’ I always said he got the best end of the deal because he finished out the unexpired term of the Senator which was for two years, and I filled out the unexpired term of the Governor which was for — well, it wasn’t for very long. It was very brief. It was for nine days. I had the ten-day virus and missed my whole administration.

I had the opportunity twenty years ago as Governor of Oklahoma to address some of you, some who preceded you in this legislature and Joint Session in which we talked about in 1963, the great opportunities that were ours in Oklahoma.

A lot has changed since those twenty years have past; in my life, in your life and in the State of Oklahoma. Today I come to you in an unusual situation as Governor because we have moved forward the State of the State by one week so that we could get to you the message and the budget as quickly as possible and you could get about the work.

But four years ago when I had been elected as Governor and stood here for the first time, I used the quotation that Oklahoma was literally the envy of the nation. While times look a little tough now, and while there is a setback, and while we’re not growing at the great rate we had hoped at this time, I want to say again today, lest we forget, that as tough as things are, compared to the other states and compared to the Nation as a whole, we still are in that enviable position. The rest of the country, the rest of the nation, the other


states, literally do envy the situation in which we find ourselves.

That’s not to say that we don’t have problems. That’s not to say people are unemployed. That’s not to say we have unmet needs. But we should never forget from where we came. We should never forget the progress that we’ve made; the steps forward that have been taken.

So as we talk about the situation that we have, I hope that we can recall that we have made great strides. The glass can be halffull, or it can be half-empty, depending on the philosophy.

There are three philosophies about the current financial situation of the State of Oklahoma. One is panic. Running around hollering, “ Fire, fire, fire.” Two, it’s a hoax. There really isn’t any shortfall. This kind of reminds me of the gasoline lines. There really wasn’t a shortage at the gasoline lines. The same attitude in some people’s minds. The third one — and the one that I think is more realistic — is that it is not as good as we had hoped. It has leveled off. There is a reduction, but there is no time to panic. We have to make sure that we understand that we are at a resting place; that we are taking a breather; that we can reevaluate; that we can adjust; that we can judge.

Our goals are not forgotten. They may be delayed, but not forgotten. To the new members who are now with us for the first time in the legislature, let me say that this is a different situation than perhaps the job for which you campaigned. We’ve had four years of fantastic growth. We’ve solved virtually every problem with growth revenues, while at the same time we were reducing taxes. We had an enviable, ideal situation. We could increase services and reduce taxes at the same time.

To those of you who have returned to the legislature, may I congratulate you not only

upon your re-election in most cases, but upon the performance that you have given here collectively under the leadership of such people as Senator York and Representative Draper. I want to thank State agencies and other State officials such as Lt. Governor Bernard because collectively this state has made great progress and great gains.

When we compare ourselves and when we talk about the situation and the conditions that we have today, let us remember that there are two ways and in two areas in which you must compare to be fair. One, you must compare yourself to others. Oklahoma must compare itself to the other States, the other regions, the Big Eight, the regional average, the national average, the south, the southwest. Those are logical comparisons. But we still must compare ourselves to our former selves.

The only self-improvement book I ever took as a course told me that if you really want to improve, you should not concentrate so much upon others, but concentrate upon your former self. So, the past four years we have been concentrating upon our former self in Oklahoma.

While, yes, we take pride that we’ve reached the regional average and exceeded it in teachers’ salaries — we take pride in the fact that in the faculty salaries four years ago we were seven and eight at the bottom of the Big Eight at the comprehensive universities, OU and OSU. Today we are at the top, one and two.

So if we compare ourself to other small states, we also should compare ourself to our former self. Oklahoma has come a long way. Let’s not forget it. Let’s never forget the great progress, the great steps forward that we’ve made.

While there are problems, we have made progress. Sometimes we don’t see it, but it behooves me today as we talk about the

6 2 Senate Journal

shortfalls to remind you and the public and the groups and the individuals that we have tried and we have succeeded and we must for a while rest upon some of those laurels while not setting aside our goal permanently. We are taking a breather.

In the area of corrections; that is on everybody’s mind. Everybody realizes the problem. You can imagine how surprised I was — yes, surprised I was that two years ago at a National Governor’s Conference as I’ve told most of you before, that when the Federal Administrator of Corrections was asked by another Governor from another state, “ All of us as Governors have problems in corrections. Every state in this country has a problem in corrections.” They asked the Reagan Adminstrator, “ To which state would you tell us to look as an example if we wanted to improve,” and he said without hesitation, “ Look to Oklahoma.”

I find that difficult to believe, but he said look to Oklahoma and what he said was, as I cornered him later, I said, “ That made me proud, but would you explain it because I’m under a court order; I’ve got problems; we’ve got budgetary problems; we’ve got problems with celling and space.” He said, “ Because your attempt to solve your problem is the example.”

I hope that you know of the progress that we’ve made that every single correctional facility in the State of Oklahoma is fully accredited today as compared to four years ago. We are the only state in the Union where every single correctional facility is fully accredited by the Accreditation Association. So we can look to Oklahoma, yet we still have our problems.

We realize that we had a great growth opportunity, so we’ve done a lot of things. We’ve put a lot of money in capital. The new agriculture building that is emerging to the north side of the Capitol is an example of our commitment to indicate to agriculture and all the agricultural related agencies of the basics of the economy of the State of Oklahoma.

The mental health program that is literally second to none in this country — that we have a mental health catchment area in every single geographical area of the State where people can be treated at home, in their residences, in their home area.

In the veterans program where we have now embarked on the program of not only upgrading every single existing veteran’s facility in the State of Oklahoma, but adding that one final facility for northeastern Oklahoma; that section of the state does not have a veteran’s facility run by the State.

The handicapped programs. The great progress we’ve made in the area of those with special needs these past four years. We’re the only state in the nation that has an Office of Handicapped Concerns. We’ve been recognized nationally by handicapped groups and by veteran’s associations time after time.

We’ve improved virtually every single park, every single lodge, every single historical society. We have one of the finest health science centers in the nation emerging just a few blocks south of here.

We’ve upgraded the highway patrol facilities. We have saved, literally saved, the railroads. Look to Oklahoma, seventeen other states said when they tried to solve their railroad problem.

We embarked on a great county bridge program. We’ve built new airports and extended runways. We built new armories. We’ve improved the facilities in human services. We have a vo-tech system second to none in capital in this country. In higher education we’ve grown by a remarkable rate in capital improvements as well as services. In the great new research centers going up at OU and OSU. In the field of health. Yes, capital improvements and yes, programs.

Programs in the past four years where we have literally, for the first time since Howard


Edmondson and the Merit System, reevaluated our personnel system and lifted our state employees as they should be, on a more equal par with employees of the private sector. It was long and it was tedious, but we have made giant strides.

In the teachers’ salaries, we reached the regional average in the first couple of years and continue to make progress; and in the support personnel.

We fully funded the District Attorney system; we’ve improved the courts; we’ve added judges; increased the numbers of the people involved in public safety. We’ve added at-home care for the elderly; half-way houses for the adult mentally retarded.

In the meantime, we took a look at county government and reform. We took a look for the first time in many years at the management of state government. We have raised the educational standards of our teachers. Once again, they’re saying, “ Look to Oklahoma — one of the finest standards of educational professionalism in this country.”

We have been working on bringing DHS into full compliance like all other state agencies. In the meantime we’ve been working on the economy; trying to diversify; trying to strengthen it; trying to involve the people. And we have more involvement of women, minorities, elderly and younger people in all facets of government than ever before.

Yes, we’re at an all-time high. I know you’re going to say, “ Well, that’s a rosy picture. The Governor only wants to talk about the past. ’ ’ I just want to set the stage. There will be people who will say, “ Oh, we can’t cut back; oh, we can’t tighten our belts; oh, we can’t do with less.” Folks we have leveled off at a high, we have not leveled off at a rock bottom. Last year was an all-time high.

In my last year’s State of the State message to you I said, “ Oklahoma is not an

island. We are not immune or isolated from the problems our nation and most every state is in. We would be foolish to commit our budget to spending patterns which assume our economic growth will continue forever. ’ ’

So we set money aside. We put money in capital improvement, one-time expenditures. We knew, everyone knew — but folks it was quicker and deeper than anyone had projected. We knew that the boom wouldn’t last forever. But I want you to know that it is at a high and I do not want gloom or panic. I want reassurance. I want a feeling of togetherness; that we can do it.

This is the first time in the history of the state, the first time in the history of the state that we have had a failure of revenues. One thing lost in the shuffle though is that many times people don’t understand. We’re not just talking necessarily about a reduction in funds, we’re talking about not reaching the anticipated growth.

So please understand that many times when we’re talking about programs and funding, we are virtually still even at the amount of dollars. We just did not grow at the rate. So to add new programs, to do new capital, then you must look to your sources as you look at this budget.

So today I have presented to you a budget. It really is not a twelve-month budget as you would expect. It’s more nearly an eighteen month budget and maybe even a twenty-four month budget because as we look at the fiscal year of '84, we must also look to the current fiscal year o f ' 83. One way to provide money for continuity of government and to preserve the future next year is to reduce expenditures already approved by the previous session of the Legislature.

I’m asking, and told the agency heads to be prepared for cut. I’m asking that one omnibus bill be introduced that would reduce

64 Senate Journal

every appropriation across the board to the various agencies that we have in state government for the current year.

You can remember the energy crisis. One of the ways that they told us we could produce energy was to conserve energy. For every gallon of gas that you conserved you had produced another gallon.

What 1 am saying is that we can produce funds for a more sound year of '84 by conserving funds in the current year of '83. The budget that 1 am submitting to you is based upon the principle that we will reduce the current fiscal year appropriations by approximately three-percent across the board to all state agencies. Keep in mind that it’s based upon three percent.

If the down fall or the shortfall or the downturn, or whatever you have, goes beyond that, my recommendation would be that it would be increased proportionally from three-percent to four-percent to five- percent, whatever, if that occurs. But based upon the information that 1 had when we went to the printer, it was based upon a three-percent across the board reduction. Everyone knows facts change as time progresses. So keep that in mind, it’s based upon three-percent.

So as you look then at the '84 budget, we have projected that three-percent reduction over into the '84 budget. Actually what you would have, ladies and gentlemen, was a ‘ ‘maintain” budget or two years at the same approximate level. That by reducing '83 (the certain percentage) and then maintaining '84 at the same percentage, you would have a “ maintain” budget for this twenty-four- month period.

We have not reached our revenue so we’ll take a breather. We haven’t reached our budget so we must tighten our belts. We can have no new unfunded programs so we’ll rest awhile. We can have no salary increases

under this budget so we’ll try our best to maintain. We’re not reaching our anticipated expectations so we can delay.

A rising tide raises all ships. The past four years all ships, all agencies and programs of state government have risen. The tide has not gone out. We are not at low tide. We remain not at our high tide, but at a tide that is not low tide. We must maintain as much as possible. The reason I use the word ‘ ‘ maintain ’ ’, is that the program and the projects that we have put into effect these past four years are programs that we basically worked on collectively; therefore, there are programs that have had a lot of looking to.

This '84 budget has a philosophy. That really is what I want to express in this part of my remarks. The philosophy is to maintain with as few exceptions as possible, in other words, no new programs but obviously a few exceptions. No drastic cuts in services, but maintain. Contain the number of full-time employees by attrition. No tax increase and no tax decrease. Using funds from all possible sources. It’s important that I stress this. I know that there is disagreement with this, so let me say it from the front. Funds from all possible sources are put into this budget to even maintain at a three-percent reduction. That’s my favorite bill, the $25 million dollar water bill. That’s the $37 million dollar bond program. That’s the $63 million dollar preservation trust and that’s dipping into the pension reserve fund for one time. All sources possible.

If you change from any of that (based upon this budget which of course I know it’s subject to change) than not dipping or not using any of those sources means that you must reduce then the amount of cash available for the maintained programs that I’ve recommended to you.

The way we arrived at this budget and this philosophy was that we took the '83 cut of three-percent, we then reduced the program


of each agency by approximately three percent, 3.25, for the next year; that we had taken out all one-time appropriations that we could judge did not need to be reappropriated, then we reduced it by three percent; then we added in the obvious exceptions, like corrections and hardly any other exception.

I want you to know that this is based upon the fact that we must continue in a sound way so that our people would have certainty. One of the things that this budget is also based upon is appropriating money into the reserve fund so that next year we don’t have this problem. I would rather have less money with a certainty than more money and not know.

So it takes to get money into reserve funds three ways: the carryover from the reduction of this year; appropriation to the general reserve fund; up the withholding from ten- percent back to eleven and-a-half-percent so that next year’s programs can continue to be funded based upon the information at this time.

There are three thoughts that I would leave with you. Preserve the progress that we’ve made. Preserve the progress. Continue the commitments. Continue to commitments. Fulfdl the veterans’ center. Fulfill the mental

health program, et cetera. Continue the commitments. Share the sacrifices. Share barely the sacrifices.

Preserve the progress; continue the commitment; and share the sacrifice. To do that, we must give agency heads flexibility as much as possible in the management.

Ladies and Gentlemen, I’d much rather be talking about the great growth than about the “ maintain” . But we each asked for this office, and we each share the responsibility of meeting the problems. In cooperation with your leadership and you individually. I’m looking forward, knowing that we can’t always agree, knowing that each house will not always agree with each other or the legislative with the executive or individuals with each other. But I submit to you, let’s disagree agreeably. Let’s work together for the solution. Let’s make everyone aware there are no sacred cows. There are no pet projects. There are no pork barrel plums. That we’re looking at maintaining programs. We’ve got a job to do. Let’s do it.

Thank you.

Upon motion of Senator Schuelein, the Joint Session was ordered dissolved at the hour of 2:30 p.m.

Second Legislative DayWednesday, January 5,1983

The Senate was called to order by Senator Cullison.

Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Ro- zell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 44.

Excused: McCune, Porter, Smith and Stipe.—4.

Senator Cullison declared a quorum present.


The prayer was offered by Mr. Pumlee, the guest of President Bernard.

Senator Cullison presiding.

SECOND READING

The following were read the second time and referred to the committees indicated:

SB 1 — Judiciary SB 2 — Law Enforcement SB 3 — Law Enforcement SB 4 — Appropriations SB 5 — Appropriations SB 6 — Finance SB 7 — Finance SB 8 — Law Enforcement SB 9 — Education SB 10 — Education SB 11 — Education SB 12 — Finance SB 13 — Education SB 14 — Education SB 15 — Human Resources SB 16 — Appropriations SB 17 — Judiciary SB 18 — Appropriations SB 19 — Appropriations SB 20 — Appropriations SB 21 — Appropriations SB 22 — Appropriations SB 23 — Appropriations SB 24 — Appropriations SB 25 — Appropriations SB 26 — Appropriations SB 27 — Appropriations SB 28 — Appropriations SB 29 — Appropriations SB 30 — Appropriations SB 31 — Appropriations SB 32 — Appropriations SB 33 — Appropriations

6 8 Senate Journal

SB 34 — Appropriations SB 35 — Appropriations SB 36 — Appropriations SB 37 — Appropriations SB 38 — Appropriations SB 39 — Appropriations SB 40 — Appropriations SB 41 — Appropriations SB 42 — Appropriations SB 43 — Appropriations SB 44 — Appropriations SB 45 — Appropriations SB 46 — Appropriations SB 47 — Appropriations SB 48 — Appropriations SB 49 — Appropriations SB 50 — Appropriations SB 51 — Appropriations SB 52 — Appropriations SB 53 — Appropriations SB 54 — Appropriations SB 55 — Appropriations SB 56 — Appropriations SB 57 — Appropriations SB 58 — Appropriations SB 59 — Policy SJR 1 — Law Enforcement

FIRST READING


SB 60 — By Shedrick of the Senate and Vanatta and Draper of the House.

An act relating to schools; amending Section 1, Chapter 205, O.S.L. 1972 (70 O.S. 1981, Section 6-102), which relates to annuity contracts or face investment annuity certificates for certain educational employees; expanding type of investments for purposes of tax-deferred payments for certain

educational employees; repealing Section 1, Chapter 64, O.S.L. 1972 (70 O.S. 1981, Section 6-102), which relates to annuity contracts; and declaring an emergency.

SB 61 — By Landis.An act relating to children; amending 10

O.S. 1981, Sections 1101, as amended by Section 13, Chapter 312, O.S.L. 1982, and 1104.2 (10O.S. Supp. 1982, Section 1101), which relate to delinquent, dependent and neglected children; modifying the definition of the word “ child” ; providing for persons sixteen and seventeen years of age to be considered adults for committing crimes while operating motor vehicles; and providing an effective date.

SB 62 — By Landis.An act relating to mental health; amending

43A O.S. 1981, Section 52.1, which relates to persons appearing to be mentally ill; increasing the period of emergency detention; and declaring an emergency.

SB 63 — By Dawson of the Senate and Haney of the House.

An act relating to roads, bridges and ferries; amending 69 O.S. 1981, Section 302, which relates to the Transportation Commission; changing term of office; and providing an effective date.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Thursday, January 6, 1983, at 11:00 a.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 1:45p.m. to meet Thursday, January 6, 1983, at 11:00 a.m.

Third Legislative DayThursday, January 6,1983

The Senate was called to order by President Bernard.

Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dawson, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.

Excused: Clifton, Dahl, Dennis, Smith and Stipe.—5.


The prayer was offered by Mr. Pumlee, the guest of President Bernard.


BILL WITHDRAWN —REFERRED DIRECT TO CALENDAR

Senator Johnson asked unanimous consent to withdraw SB 59 from the Policy

Committee and refer same direct to the Calendar, which was the order.

GENERAL ORDER

SB 59 by Johnson was called up for consideration.

Representative Hobson asked to be made House Author of SB 59, which was the order.

Senator Johnson moved to amend SB 59, Page 1, by crippling the Title, which amendment was declared adopted.

Senator Johnson moved that SB 59 be advanced, which motion was declared adopted.

THIRD READING

SB 59 was read for the third time at length.

On the question of passage of the bill and emergency, the roll call resulted as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dawson, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIn-

70 Senate Journal

tyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—41.

Nay: Pierce.— 1.

Excused: Clifton, Dahl, Dennis, Smith, Stipe and Young.—6.

The bill and emergency passed.

SB 59 was referred for engrossment.

DECLARATION OF VOTE

Senator Young asked that the record reflect had he been present at the time of Third Reading of SB 59, he would have voted “ Aye” , which was the order.

SECOND READING


SB 60 — Finance SB 61 — Judiciary SB 62 — Judiciary SB 63 — Transportation

FIRST READING


SB 64 — By Randle of the Senate and Draper of the House.

An act relating to state government; amending Section 14, Chapter 338, O.S.L. 1982 (74 O.S. Supp. 1982, Section 840.14); providing for the payment of administrative costs and expenses of the Merit System; modifying the deposit of certain funds; providing operative date; and declaring an emergency.

SB 65 — By Randle of the Senate and Draper of the House.

An act relating to state government; amending 74 O.S. 1981, Section 118.11, relating to data processing planning and management; providing for the deposit of certain funds to the General Revenue Fund; providing operative date; and declaring an emergency.

SB 66 — By Randle.An act relating to revenue and taxation;

amending 68 O . S. 1981, Section 509.1; providing certain tax exemption; requiring certain reports; repealing 68 O . S. 1981, Section 529; and declaring an emergency.

SB 67 — By Howell.An act relating to corporations; amending

18 O.S. 1981, Section 803, which relates to definitions in the Professional Corporation Act; allowing psychologists to incorporate with other allied health specialists; and providing an effective date.

SB 68 — By Howell.An act relating to professions and occupa

tions; amending 59 O.S. 1981, Section396.3, which relates to funeral directors and embalmers; clarifying educational requirements; and declaring an emergency.

SB 69 — By Randle of the Senate and Deatherage of the House.

An act relating to various state agencies; amending Section 1, Chapter 207, O.S.L. 1982, Section 1, Chapter 208, O.S.L. 1982, Section 1, Chapter 209, O.S.L. 1982, Section 1, Chapter210, O.S.L. 1982, Section 1, Chapter 211, O.S.L. 1982, Section 1, Chapter 212, O.S.L. 1982, Section 1, Chapter213, O.S.L. 1982, Sections 1 and 2, Chapter214, O.S.L. 1982, Section 1, Chapter 215,O.S.L. 1982, Section 1, Chapter 216,O.S.L. 1982, Section 1, Chapter 217,O.S.L. 1982, Section 1, Chapter 229,O.S.L. 1982, Section 1, Chapter 230,O.S.L. 1982, Section 1, Chapter 232,O.S.L. 1982, Section 1, Chapter 233,O.S.L. 1982, Section 1, Chapter 234,O.S.L. 1982, Section 1, Chapter 235,

Third Legislative Day, Thursday, January 6, 1983 71

O.S.L. 1982, Section 1, Chapter 236,O.S.L. 1982, Section 1, Chapter 240,O.S.L. 1982, Section 1, Chapter 241,O.S.L. 1982, Section 1, Chapter 242,O.S.L. 1982, Sections 1, 2 and 4, Chapter 243, O.S.L. 1982, Section 1, Chapter 245,O.S.L. 1982, Section 1, Chapter 253,O.S.L. 1982, Sections 1, 2, 5, 7 and 8, Chapter 260, O.S.L. 1982, Section 1, Chapter 261, O.S.L. 1982, Sections 1, 2 and 3, Chapter 262, O.S.L. 1982, Section 1, Chapter 263, O.S.L. 1982, Section 2, Chapter 264, O.S.L. 1982, Section 1, Chapter 265,O.S.L. 1982, Sections 1 and 2, Chapter 266,O.S.L. 1982, Section 1, Chapter 267,O.S.L. 1982, Section 1, Chapter 280,O.S.L. 1982, Section 1, Chapter 281,O.S.L. 1982, Section 1, Chapter 282,O.S.L. 1982, Section 1, Chapter 283,0 . 5.L. 1982, Sections 1,4, 6 and 34, Chapter 287, O.S.L. 1982, Sections 1, 2 and 3, Chapter 288, O.S.L. 1982, Section 1, Chapter 289, O.S.L. 1982, Section 1, Chapter 298, O.S.L. 1982, Sections 1,2, 3, 4, 5 and6, Chapter 299, O.S.L. 1982, Section 1, Chapter 300, O.S.L. 1982, Section 1, Chapter 301, O.S.L. 1982, Section 1, Chapter 303, O.S.L. 1982, Sections 1, 2, 3, 4, 5, 6,7, 8 and 9, Chapter 308, O.S.L. 1982, Section 1, Chapter 309, O.S.L. 1982, Section 1, Chapter 310, O.S.L. 1982, Sections 41,43 and 44, Chapter 312, O.S.L. 1982, Section1, Chapter 314, O.S.L. 1982, Sections 1, 3 and4, Chapter 315, O.S.L. 1982, Section 1, Chapter 316, O.S.L. 1982, Sections 1 ,3 ,4 , 6 and7, Chapter 317, O.S.L. 1982, Sections 1 and 2, Chapter 318, O.S.L. 1982, Section 1, Chapter 331, O.S.L. 1982, Section 2, Chapter 339, O.S.L. 1982, Sections 1,3, 4, 5 and 7, Chapter 340, O.S.L. 1982, Sections 1, 2, 3, 4 and 5, Chapter 344, O.S.L. 1982, Sections 1, 4, 5, 6 and 11, Chapter 345, O.S.L. 1982, Section 1, Chapter 346, O.S.L. 1982, Sections 1, 3, 4, 5 and 6, Chapter 347, O . S . L . 1982, Section 1, Chap ter 348, O.S.L. 1982, Section 2, Chapter 349, O.S.L. 1982, Sections 2, 4, 5 and 12, Chapter 350, O.S.L. 1982, Sections 1,2, 3, 4 and5, Chapter351, O.S.L. 1982, Sections

1 and 2, Chapter 352, O.S.L. 1982, Section 1, Chapter 353, O.S.L. 1982, Section 1, Chapter 357, O.S.L. 1982, Sections 1 and 2, Chapter 358, O.S.L. 1982, Sections 1, 3, 4 and9, Chapter 373, O.S.L. 1982, Sections 1 and 3, Chapter 376, O.S.L. 1982 and Sections 1, 2, 3 and 6, Chapter 377, O.S.L. 1982; modifying certain appropriations and allocations; directing certain adjustments in state aid for school districts; repealing Section 2, Chapter 287,O.S.L. 1982,Section7, Chapter 299, O.S.L. 1982, Section 2, Chapter 300, O.S.L. 1982, Section 1, Chapter 317, O.S.L. 1982, Section 2, Chapter 347, O.S.L. 1982 and Section 2, Chapter 357, O.S.L. 1982; providing severability; and declaring an emergency.

SB 70 — By Combs.An act relating to corporations; amending

1 8 0 .S. 1981, Section 381.56, which relates to investment in securities; modifying maximum investment in certain securities; and declaring an emergency.

LOBBYIST REGISTRATIONS

The following lobbyist registrations (including organizations represented) have been filed with the Joint Legislative Ethics Committee;

Allbaugh, Jay H., Oklahoma Cable Television Association, Inc.

Crow, Herschal H. Jr., Association of Concerned Professional Psychologists.

Duncan, William M., Association of Domestic Fire and Casualty Insurance Companies of Oklahoma, Inc.

Kyle, John P ., Associated Motor Carriers of Oklahoma, Inc.; Oklahoma Good Roads and Streets Association.

Moore, Karen L., Central Oklahoma Association for Deaf and Hearing Impaired.

Nichols, F. Leigh, Motor Vehicle Manufacturers Association.

Robison, Vince, Associated Motor Carriers of Oklahoma, Inc.

72 Senate Journal

ANNOUNCEMENT

Pursuant to the provisions of Senate Rule 12-22, President Pro Tempore York announced that Senator McCune has been designated to verify the correct engrossment and enrollment of legislation.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Monday, January 10, 1983, at 1:30p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 11:25 a.m. to meet Monday, January 10, 1983, at 1:30 p.m.

Fourth Legislative DayMonday, January 10,1983

The Senate was called to order by President Pro Tempore York.

Roll Call;

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—46.

Excused: Stipe and Winn.—2.

President Pro Tempore York declared a quorum present.

The prayer was offered by Dr. Del H am m ,Hillcrest Christian Church, Oklahom a City,the guest o f Senator York.

REPORT OF ENGROSSED AND ENROLLED BILLS

SB 59 was correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.

INTRODUCTIONS

Senator Landis introduced his wife, Blanche and Senator Roberts introduced his wife, Kathy, to the Senate.

SECOND READING

The following were read the second time and referred to the committees indicated;

SB 64 — Appropriations SB 65 — Appropriations SB 66 — Finance SB 67 — Business and Labor SB 68 — Business and Labor SB 69 — Appropriations SB 70 — Finance

74 Senate Journal

FIRST READING


SB 71 — By Dawson of the Senate and Fried of the House.

An act relating to professions and occupations; amending 59 O.S. 1981, Sections 858- 207, as amended by Section 4, Chapter 194, O.S.L. 1982 and 858-605 (59 O.S. Supp. 1982, Section 858-207), which relate to the Oklahoma Real Estate Commission; removing limit on certain funds held; allowing commission to retain control over certain fund; providing for transfer of certain funds; and declaring an emergency.

SB 72 — By Dawson of the Senate and Morgan of the House.

An act relating to cities and towns; amending 11 O.S. 1981, Section 29-203, which relates to the size of volunteer fire departments; increasing the maximum number of volunteers for certain municipalities; eliminating attrition as a means of compliance; and declaring an emergency.

SR 1 — By Combs, Cain and Randle.A resolution memorializing the United

States Congress to amend the Social Security Disability Insurance Program to provide for more equitable services to beneficiaries; recommending that the Social Security Administration revise certain policies; urging the President of the United States to sign certain legislation; and directing distribution.

UNANIMOUS CONSENT REQUEST — DIRECT TO CALENDAR

Senator Combs asked unanimous consent to suspend Rule 5-4 and refer SR 1 direct to the Calendar, to which request objection was heard.LOBBYIST REGISTRATIONS

The following lobbyist registrations (including organizations represented) have

been filed with the Joint Legislative Ethics Committee:

Freeman, E. Ross, Texaco U.S.A.Funnell, Roberta Ann, Oklahoma Peo

ple’s Lobby.Hicks, Johnny Gilbert, Jr., National Elec

trical Contractors Association, Eastern Oklahoma Chapter.

Hicks, Robert L., Oklahoma Gas and Electric Company.

Hodges, Joe Neal, Cities Service Company.

Johnson, David W., Texaco U.S.A.Kubier, Julius E., Associated Industries

of Oklahoma, Inc.Miller, Ronald H., Pekin Energy Com

pany.Morgan, James Odell, Oklahoma Wreck

er Owners Association.Reynolds, Marvin L ., Oklahoma Associa

tion of Christian Schools.Singleton, John Wesley, Jr., Cities Ser

vice Company.Steers, James R., Texaco U.S.A.Vahlberg, Robert J. Holderby Associates;

Vahlberg Enterprises.Zimmerman, Jim L., United Transporta

tion Union.

ANNOUNCEMENT

Senator Schuelein announced that the Senate, at the hour of 2:00 p.m ., would proceed in a Body to the Inaugural Ceremony for the Chief Executive and other elected State officials, and asked unanimous consent, which was granted, that the program of inaugural activities be incorporated in the Journal for this legislative day.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Tuesday, January 11, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 1:40 p.m. to meet Tuesday, January 11, 1983, at 1:30 p.m.

Fourth Legislative Day, Monday, January 10, 1983 75

INAUGURATION

GOVERNOR GEORGE NIGH

State of Oklahoma

January 10, 1983

76 Senate Journal

Schedule of Inaugural Events

SATURDAY, JANUARY 8

SUNDAY, JANUARY 9

M ONDAY, JANUARY 10

Inaugural Arts Gala, 8 p.m. Kirkpatrick Fine Arts Auditorium Oklahoma City University

Inaugural Prayer Service, 7 p.m. Council Road Baptist Church

The Inaugural Ceremony, 2 p.m. State Capitol Building

Inaugural Receiving Line, 3 p.m. The Blue Room

Open House, 3 p.m.The Governor’s Mansion

The Inaugural Ball, 8 p.m. Myriad Convention Center


Inaugural Arts GalaSaturday, January 8, 8 p.m.Oklahoma City UniversityMASTER OF CEREMONIES THE JOKERS Y-ILDE

FLAMENCO GUITAR POETRY AND DANCE

BALLET OKLAHOMA “ A Mi Lado”

“ The Long and the Short of It’ ’

BANISH MISFORTUNE

Curt SchwartzRodney Johnson, Candy Williams, Gerald Johnson, David Carr, Ray Shaw, Stephen Gunn, Walter Taylor, Samuel Hankins, Charles ThompsonRon RadfordTyrone Wilkerson, Regina Johnson, Stacy McFarland, A1 BosticDancers: Stephanie Wolf & Jimmy Gamonet de los Heros Choreography by: Jimmy Gamonet de los HerosMusic by: Johann PachelbelDancers: David Holladay, Denis Johnston, Shari Little, Gail Riggs Choreography by: Bojan SpassoffA1 Craig, Scott Ardis, Steve Vanlandingham, Peggy O’Neil

INTERMISSION LOBBYOBU WOODWIND

QUINTET

JUGGLER

Kathy Gross, Lygia Groom, Ron Howell, Terri Granger, Robin AndersonDirector: Dr. Ronald Howell Also: Cindy Rogers, Jodi EdwardsRobert York

TULSA BALLET THEATRE “ the Four Moons’’

THE SURREY SINGERS

Dancers: Ena Naranjo, Gail Gregory, Melissa Hale, Cynthia CrewsChoreography by: Roman JasinskiKenneth Claybome, Kim Cornell, Arden Gatlin, Marcellus Hankins, Steve Hargrove, Eric Lawrence, Stacy Loach, Lori Oaks, Jonathan Reed, Nelda Washington, Tammy Wheat, David Wilder, Kevin Wood Director: Vickie Kelly

78 Senate Journal

Inaugural Prayer ServiceSunday, January 9, 7 p.m.Council Road Baptist Church

CHOIR PROCESSIONAL HYMNPROCESSIONAL OF INAUGURAL GUESTS“ O WORSHIP THE KING”

PRAYER

WELCOME AND INTRODUCTION OF GUESTSCHORUSESREADING FROM OLD TESTAMENT

(1 Kings 3:5, 7-15)READING FROM NEW TESTAMENT

(James 3:13-18)

MUSIC

MESSAGE

“ THE LORD’S PRAYER”

‘GOD BLESS AMERICA”

Congregation

Council Road Baptist Church ChoirWendell R. EstepPastor, Council Road Baptist Church

Wendell R. Estep Congregation

Rabbi A. David Packman Temple B’nai Israel

Reverend James A. Kastner St. Charles Borromeo Catholic ChurchCouncil Road Baptist Church Choir, with Sherman AndrusPonder Gilliland Pastor, First Church of the Nazarene, BethanySharon James, Miss Indian Oklahoma, with Norman and Denise BehaymerCongregation

RECESSIONAL OF INAUGURAL GUESTSAll guests are invited to the Fellowship Hall following the worship service.


Elected Officials of Oklahoma

GOVERNORLIEUTENANT GOVERNOR STATE AUDITOR AND INSPECTOR ATTORNEY GENERAL STATE TREASURER SUPERINTENDENT OF PUBLIC INSTRUCTION INSURANCE COMMISSIONER CORPORATION COMMISSION

George Nigh Spencer Bernard

Clifton H. Scott Mike Turpen Leo Winters

Leslie R. Fisher Gerald Grimes James B. Townsend Norma Eagleton Hamp Baker*

* Elected terms for the Corporation Commission overlap, and Mr. Baker began his current term o f office in 1981. All other State elected officials will be sworn into office on January 10, 1983.

8 0 Senate Journal

The Inaugural CeremonyM onday, January 10, 2 P.M .State Capitol Building

PRELUDE

GOVERNOR’S HONOR GUARD

PRESIDING

INAUGURAL PROCESSION

“ STARS AND STRIPES FOREVER’’

PRESENTATION OF COLORS

“ STAR-SPANGLED BANNER’’

FLAG RAISING

INVOCATION

STATE ELECTED OFFICIALS OATH OF OFFICE

Piedmont High School Band

145th Army Band, Oklahoma Army National Guard

Oklahoma Air National Guard

Oklahoma Army National Guard

Jack T. Conn

The House of Representatives

The Senate

The Judiciary

State Elected Officials

Lieutenant Governor and Mrs. Spencer Bernard

Governor and Mrs.George Nigh



Parkview School,Muskogee

Oklahoma School for the Deaf, Sulphur

Explorer Scout Post 604

Wendell R. Estep

Chief Justice Don Barnes


LIEUTENANT GOVERNOR’S OATH OF OFFICE

INTRODUCTION OF GOVERNOR

GOVERNOR’S OATH OF OFFICE

INAUGURAL ADDRESS

“ OKLAHOM A!”

ANNOUNCEMENTS

BENEDICTION

“ STRATEGIC AIR COMMAND M ARCH ”

POSTLUDE

Justice Marion Opala

The Honorable Carl Albert

Justice Ralph Hodges

Governor George Nigh


Jack T. Conn

J.C. Watts




Inaugural Receiving Line

The public is invited to meet each of the State elected officials and their spouses during the Inaugural Receiving Line, 3 to 5 p .m ., in the Blue Room of the State Capitol Building. Please enter the Blue Room through the north corridor of the east wing, second floor of the Capitol.

Open House

The G overnor’s Mansion will be open to the public from 3 to 5 p .m ., following the Inaugural Ceremony. The Mansion is located east of the State Capitol Building, across the parking lot east of Lincoln Boulevard. A pedestrian tunnel, accessible in the basement level of the Capitol, passes under Lincoln Boulevard. Please enter the Mansion grounds through the west gate, which opens onto Phillips Street.

82 Senate Journal

The Inaugural BallMonday, January 10, 8 p.m. Myriad Convention Center

8:00 p.m . DANCE MUSIC

8:30 p.m . GRAND ENTRY

COLOR GUARD

“ 76 TROM BONES”

PROCESSIONAL

“ STAR-SPANGLEDBANN ER”

INTRODUCTION OF ELECTED OFFICIALS

“ OKLAHOM A!”

OFFICIAL FIRST DANCE

8:45 p.m . DANCE MUSIC

The John Arnold Band


77 Trombones, representing the 77 Counties of Oklahoma Dr. Ervin G. Wagner, Directing

State Elected Officials

77 Trombones

Martin Hauan

77 Trombones

Governor and Mrs. George Nigh

Red Rice Orchestra The John Arnold Band

There will be continuous music throughout the evening, in alternating sets.


The Inaugural CommitteesSeparate committees conducted each of the Inaugural events, and the chairs of these committees comprised the Executive Committee for Inauguration ’83:

Dr. Willian Horton Wendell R. Estep Jack T. Conn General Bob Morgan Mrs. Robert S. Kerr, Jr. Mrs. James H. Norick

INAUGURAL ARTS GALA INAUGURAL PRAYER SERVICE THE INAUGURAL CEREMONY INAUGURAL RECEIVING LINE OPEN HOUSE THE INAUGURAL BALL

Assisting the chairs as the Governor’s liaison to the Inaugural committees:Carl Clark Mrs. Mary K. Foster Ms. J.R. McClanahan Pete Reed Paul Pearson Mrs. Betty Price

Hundreds of Oklahomans helped plan and execute the Inauguration ’83 celebration honoring Oklahoma’s elected officials, and we thank — through those listed above — each and every person who helped in these historic events.

Special appreciation to:The City of Oklahoma CityThe Oklahoma City Chamber of CommerceOklahoma City UniversityCitizens National Bank and Trust Co.The State Arts Council of OklahomaCouncil Road Baptist ChurchThe State Board of Public AffairsThe Oklahoma Military DepartmentThe Department of Public SafetyThe Oklahoma Department of Tourism and RecreationThe Oklahoma Department of Transportation

; V

Fifth Legislative DayTuesday, January 11,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—47.

Excused: Winn.— 1.


The prayer was offered by Dr. Hamm, the guest of Senator York.

SECOND READING


SB 71 — Appropriations SB 72 — General Government SR 1 — Human Resources

FIRST READING

The following was introduced and read the first time:

SB 73—By Shedrick and Stipe of the Senate and Hobson of the House.

An act relating to public health and safety; creating the Oklahoma Natural Death Act; defining terms; providing a directive for the withholding or withdrawal of life-sustaining procedures in certain instances; stipulating methods for revocation of a directive; restricting liability for persons failing to act on a revocation; providing for the re-execution of a directive in certain instances; restricting liability for health care personnel who withhold or withdraw life-sustaining procedures in compliance with a directive; defining a physician’s responsibility in effectuating a directive; providing that the withholding or withdrawal of life-sustaining procedures does not constitute the aiding of a suicide; limiting the effect of a directive on insurance policies; providing penalties for tampering with a directive; not condoning mercy killing; providing for codification; providing for severability; and declaring an emergency.



86 Senate Journal


Bell, Eugene G., MAPCO, Inc.King, Bruce Eugene, Communications

Workers of America Local 6016.

COMMITTEE APPOINTMENTS

President Pro Tempore York announced appointments to the following committees:


Senator Darryl Roberts will replace Senator Bemest Cain.

COMMITTEE ON JUVENILE INSTITUTIONS

Senator Joe Johnson is appointed to fill a vacancy on this committee.

ADVISORY COMMITTEE ON A STATEWIDE RAPID

MASS-TRANSIT SYSTEM

Senator Stratton Taylor will replace Senator Bemest Cain.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday, January 12, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 1:40 p.m. to meet Wednesday, January 12, 1983, at 1:30 p.m.

Sixth Legislative DayWednesday, January 12,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—48.



EXECUTIVE NOMINATIONS COMMITTEE REPORT

The Committee on Executive Nominations has approved the following nominations:

Mary Byrd, Shawnee, as a member to the Board of Regents for Seminole Junior Col

lege, to serve a term of seven years ending July 1, 1989, and effective upon Senate confirmation. Mary Byrd will succeed George Word.

Jack L. Coffey, Shawnee, as a member to the Board of Pharmacy, to serve a term of five years ending June 30, 1987, and effective upon Senate confirmation. Jack Coffey will succeed himself.

Roger Dahlgren, Oklahoma City, as a member to the State Mining Board, to serve a term of four years ending April 19, 1986, and effective upon Senate confirmation. Mr. Dahlgren will succeed himself.

Jo Ann Fullerton, Oklahoma City, as a member to the Oklahoma Board of Private Schools, to serve an unexpired term of six years, ending July 1, 1983, and effective upon Senate confirmation. Ms. Fullerton will succeed William L. Christiansen (self- removed).

Sara Lynn Glenn, R.E., Oklahoma City, as a member to the State Board of Electrol- ogy, to serve a term of three years ending May 10, 1984, and effective upon Senate confirmation. Sara Glenn will succeed Virginia Pollock.

88 Senate Journal

Elmer Graham, Walters, as a member to the Oklahoma Turnpike Authority, to serve a term of eight years ending July 1, 1990, and effective upon Senate confirmation. Mr. Graham will succeed himself.

Carolyn Holder, Broken Arrow, as a member to the Oklahoma State Textbook Committee, to serve a term of three years ending May 1,1985, and effective upon Senate confirmation. Mrs. Holder will succeed Sue Irwin.

Scott King, Ardmore, as member to the Oklahoma Conservation Commission, to serve a term of five years ending June 30, 1987, and effective upon Senate confirmation. Mr. King will succeed Larry Womom.

Mrs. Jerry Daniel Lyons, Pryor, as a member to the Board of Regents for Rogers State College, to serve a term of five years ending June 30, 1985, and effective upon Senate confirmation. Mrs. Lyons will serve in a new position per HB 1899.

Joyce Moore, Ada, as a member to the Board of Licensed Social Workers, to serve a term of five years ending July 30, 1987, and effective upon Senate confirmation. Ms. Moore will serve in a new position per HB 1387.

Johnnie R. Ruhl, Kingfisher, as a member to the Board of Regents of El Reno Junior College, to serve a term of seven years ending April 22, 1989, and effective upon Senate confirmation. Mr. Ruhl will succeed Dale Wrobbel.

Marcus Salazar, Oklahoma City, as a member to the State Library Department, to serve a term of six years ending July 1,1988, and effective upon Senate confirmation. Mr. Salazar will succeed Linda Levy.

Earl Walker, Okemah, as a member to the Water Resources Board, to serve a term of seven years ending May 14,1989, and effective upon Senate confirmation. Mr. Walker will succeed himself.

SECOND READING

The following was read the second time and referred to the committee indicated;

SB 73 — Judiciary


Senator Combs asked unanimous eonsent to suspend Rule 12-23 and withdraw SR 1 from the Human Resources Committee and refer same direct to the Calendar, which was the order.

GENERAL ORDER

SR 1 by Combs, Cain and Randle was called up for consideration.

Senators Terrill, Roberts, McIntyre, Porter, Stipe, Taliaferro and Schuelein asked to coauthor SR 1, which was the order.

Senator Pierce moved to amend SR 1, by deleting all language on Line 23 of Page 2 through Line 19 of Page 3, which amendment was tabled upon motion of Senator Combs.

SRI was adopted upon motion of Senator Combs.

MOTION TO RECONSIDER VOTE

Senator Luton moved that the vote be reconsidered whereby SR 1 was adopted, which motion was declared adopted.

Senator Pierce raised a point of order and requested a ruling of the Chair on the adopted

Sixth Legislative Day, Wednesday, January 12, 1983 89

motion to reconsider the adoption of SR 1, as being in contrast to the provisions of Senate Rule 12-24.

The Presiding Officer stated that the provisions of Rule 12-24 apply to reconsiderations of final votes on bills and joint resolutions, thereby ruling the Pierce point of order not well taken.

Senator Combs moved the adoption of SR 1 and requested a roll call, which motion was declared adopted, the vote thereon being as follows;

Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.

Excused; Smith.— 1.

SR 1 was referred for enrollment.

FIRST READING

The following were introduced and read the first time;

SB 74 — By York of the Senate and Fried of the House.

An act relating to schools; amending 70 O.S. 1981, Section 14-110, as amended by Section 1, Chapter91, 0 .S .L . 1982 (70O.S. Supp. 1982, Section 14-110), which relates to vocational and technical area school districts and independent school districts; adjusting the terms of certain area vocational and technical school district board of education members; and declaring an emergency.

SB 75 — By Boatner.An act relating to courts; am ending 20

O .S . 1981, Section 1102, w hich relates to

the uniform retirement system for Justices and judges; providing credit for certain military service; and declaring an emergency.

SB 76 — By Cullison.An act relating to liens; repealing 42 O.S.

1981, Section 42, which relates to liens on unharvested growing crops; and declaring an emergency.

SB 77 — By Combs.An act relating to banks and trust compa

nies; amending 6 O.S. 1981, Sections 102, as amended by Section 1, Chapter 223, O.S.L. 1982, Sections 7, 10, 11 and 13, Chapter 204, O.S.L. 1982, 405 and 406, as amended by Sections 6 and 7, Chapter 223, O.S.L. 1982,410,416, 707, 802, as amended by Section 11, Chapter 223, O.S.L. 1982, 803, as amended by Section 3, Chapter 60, , O.S.L. 1982, 1104, 1109 and 1404 (6 O.S. Supp. 1982, Sections 102, 306.1, 309, 310, 312,405,406, 802 and 803), which relate to the Oklahoma Banking Code; modifying definitions; providing authority to issue emergency certificate of authority; stating criteria that may be considered in recommendation of Board; providing for Banking Board hearing and procedures; changing certain terms; requiring written notice to Commissioner for application for name change; deleting eertain language regarding name changes; modifying borrowing authority; removing certain limitations on lending limits; deleting certain requirements for Board approval; modifying certain definitions; defining depository institution; listing bank serviee corporations’ services to depository institutions; changing certain terms regarding issuance of preferred stock; modifying limitations on maximum indebtedness; expanding exceptions to limitations; authorizing bank to make or purchase real estate loans subjeet to certain conditions prescribed by Commission; deleting certain language regarding real estate loans; changing certain terms; removing provisions regarding rights of dissenters and value of shares; providing for majority vote of outstanding voting stock

90 Senate Journal

to authorize and approve agreements of purchase and sale of assets of bank or department; modifying terms for loans to managing bank officers under certain conditions; and declaring an emergency.

SR 2 — By Boatner.A resolution praising the life and accom

plishments of Joe Bailey Cobb; expressing deep sorrow upon his death; expressing condolences; making a permanent record; and directing distribution.

SR 3 — By Porter, Taylor, Young, Stipe, McIntyre, and Ford.

A resolution directing the Department of Human Services, the Oklahoma Public Welfare Commission and the Director of Human Services to declare a moratorium on reducing services, personnel or programs; and directing distribution.

SR 4 — By Stipe.A resolution praising the life and accom

plishments of Henry F. “ Hank” Wade; expressing deep sorrow upon his death; extending condolences; making a permanent record; and directing distribution.


Senator Stipe asked unanimous consent to suspend Rules 5-4 and 5-5 and refer SR 4 direct to the Calendar, which was the order.

GENERAL ORDER

SR 4 by Stipe was called up for consideration.

All other members of the Senate asked to coauthor SR 4, which was the order.

SR 4 was adopted upon motion of Senator Stipe and referred for enrollment.

SR 4 was ordered spread in the Journal, and reads as follows:

SR 4 — By Stipe, et al.A Resolution praising the life and accom

plishments of Henry F. “ Hank” Wade; expressing deep sorrow upon his death; extending condolences; making a permanent record; and directing distribution.

WHEREAS, the greatness of Oklahoma is founded upon the pioneer spirit of its citizens; and

WHEREAS, Henry F. “ Hank” Wade was bom and educated in Murray County, Oklahoma; and

WHEREAS, Henry F. “ Hank” Wade, prior to coming to the State Capitol in 1962 as a tour guide, owned and operated a grocery business in Ft. Worth, Texas, was an independent oilman and worked as a telephone lineman in Frederick, Oklahoma; and

WHEREAS, Henry F. “ Hank” Wade served the people of Oklahoma for 20 years in his capacity as head tour guide and general public relations man at the State Capitol, having personally escorted the majority of the 300,000 visitors who tour the Capitol building each year; and

WHEREAS, Henry F. “ Hank” Wade entertained his audiences with a popular combination of history, wit, philosophy, humor, irreverence toward politics and reverence toward God, as he related his seemingly unending repertoire of anecdotes about the history of the state and the Capitol building; and

WHEREAS, Henry F. “ Hank” Wade’s book, “ A Ship of State on a Sea of Oil” , published in 1977, is the culmination of many long hours of personal research into little known facts about the planning and constmction of the State Capitol building; and

WHEREAS, in 1968, Henry F. “ Hank” Wade was honored by the Governor as

Sixth Legislative Day, Wednesday, January 12, 1983 91

“ Handicapped Oklahoman Of The Year” and, as a result of his work with the Governor’s committees on the handicapped, was instrumental in obtaining Capitol site improvements for the handicapped; and

WHEREAS, this praiseworthy life of courage, determination and love for his fel- lowman merits the respect and admiration of all Oklahomans.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE 1ST SESSION OF THE 39TH OKLAHOMA LEGISLATURE:

THAT the Oklahoma State Senate sincerely praises the life and public service of Henry F. “ Hank” Wade, and expresses deep sorrow upon his death.

THAT the Oklahoma State Senate further extends heartfelt condolences to his family in this time of loss and remembrance.

THAT a copy of this resolution be spread upon the pages of the permanent journal of the Oklahoma State Senate of the 1st Session of the 39th Oklahoma Legislature as a permanent record of the lasting and unanimous expression of the Oklahoma State Senate.

THAT copies of this resolution be dispatched to the family of Henry F. “ Hank” Wade.


Senator Boatner asked unanimous consent to suspend Rules 5-4 and 5-5 and refer SR 2 direct to the Calendar, which was the order.

GENERAL ORDER

SR 2 by Boatner was called up for consideration.

Senators Stipe, York and all other m em bers o f the Senate asked to coauthor SR 2,which was the order.

SR 2 was adopted upon motion of Senator Boatner and referred for enrollment.

SR 2 was ordered spread in the Journal, and reads as follows:

SR 2 — By Boatner, et al.A Resolution praising the life and accom

plishments of Joe Bailey Cobb; expressing deep sorrow upon his death; expressing condolences; making a permanent record; and directing distribution.

WHEREAS, the greatness of Oklahoma is founded upon the contributions of its dedicated public servants; and

WHEREAS, Joe Bailey Cobb was bom in Mill Creek, Oklahoma, and educated at the Chillicothe Business College in Missouri; and

WHEREAS, Joe Bailey Cobb was a member of the Oklahoma State Senate for 18 years, representing Johnston and Murray Counties; and

WHEREAS, during his tenure, Joe Bailey Cobb demonstrated his keen knowledge of state affairs by securing state road and highway constmction funds for his district and successfully staving off several efforts to dispose of state school lands; and

WHEREAS, Joe Bailey Cobb served for 11 years as State Auditor and six years as county commissioner of Johnston County, within a colorful political career which spanned 35 years; and

WHEREAS, Joe Bailey Cobb served with honor and distinction as Secretary of the Board of Equalization, Clerk of the Court of Tax Review, Commissioner of the State School Land Commission, and as a member of the Oklahoma Building Bonds and Funding Bonds Commission; and

WHEREAS, Joe Bailey Cobb, in addition to being a devoted husband and father, was a farmer, businessman and member of the

92 Senate Journal

Benevolent and Protective Order of Elks; and

WHEREAS, this noteworthy career of public service merits the praise of all Oklahomans.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE 1 ST SESSION OF THE 39TH OKLAHOMA LEGISLATURE;

THAT the Oklahoma State Senate sincerely praises the life and public service of Joe Bailey Cobb, and expresses deep sorrow upon his death.

THAT the Oklahoma State Senate further expresses heartfelt condolences to his family in this time of loss and remembrance.

THAT a copy of this resolution be spread upon the pages of the permanent journal of the Oklahoma State Senate of the 1 st Session of the 39th Oklahoma Legislature as a permanent record of the lasting and unanimous expression of the Oklahoma State Senate.

THAT copies of this resolution be dispatched to the family of Joe Bailey Cobb.


President Pro Tempore York announced appointments to the following committees:

STATE CAPITOL PRESERVATION COMMISSION

Pursuant to 74 O.S. § 4101, the following members have been appointed to serve as follows: Diane Wadley, Oklahoma City (one year term); Diane Krous, Oklahoma City (two year term); Martin A. Hagerstrand, Tahlequah (five year term).

JOINT COMMITTEE ON FISCAL OPERATIONS

Senator James McDaniel and Senator Bernice Shedrick have been appointed to replace Senators Crow and Schuelein.

JOINT COMMITTEE ON FEDERAL FUNDS

Senator Roy Boatner and Senator Mike Combs have been appointed to fill vacancies on the committee.

LEGISLATIVE OVERSIGHT COMMITTEE

OF PUBLIC TRUSTS

Senator Tim Leonard and Senator Bill Dawson have been appointed to replace Senators Lamb and Tinsley.


The following lobbyist registrations (including organizations represented) have been filed with the Joint Legislative Ethics Committee:

Bassett, Harold L. “ Hal” , Manufactured Housing Association of Oklahoma.

Coleman, Mary Ann, Manufactured Housing Association of Oklahoma.

Fox, Norman G., United Auto Workers Local 1999.

Garrett, Stephen Paul, American Fidelity Corporation; American Fidelity Assurance; American Fidelity Insurance; North American Insurance Agency, Inc.

Gibson, Claudia Marie, National Organization for Women.


Upon motion of Senator Schuelein, the Senate adjourned at 2:00 p.m. to meet Thursday, January 13, 1983, at 11:00 a.m.

Seventh Legislative DayThursday, January 13,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—43.

Excused: Dennis, Giles, Keller, Smith and York.—5.




Senator Miller moved the adoption of the Committee Report on Executive Nominations, shown on Pages 87 and 88, which motion was declared adopted, the roll call thereon being as follows:

Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O ’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—41.

Excused: Cate, Dennis, Giles, Keller, Moore, Smith and York.—7.


SRs 1, 2 and 4 were reported correctly enrolled, properly signed and ordered transmitted to the Secretary of State.


The following executive nominations were read and referred to the Committee on Executive Nominations:

Paul Carris, McAlester, as a member to the Oklahoma Horse Racing Commission.

Mary Gates, Stigler, as a member to the Board of Regents for Carl Albert Junior College.

94 Senate Journal

Jim Helmert, Wilburton, as a member to the Board of Registration for Professional Engineers and Land Surveyors.

T.J. Henry, Lawton, as a member to the Oklahoma Horse Racing Commission.

Bob Hinton, Altus, as a member to the Tourism and Recreation Commission.

Delores O. Mitchell, Sallisaw, as a member to the Oklahoma Horse Racing Commission.

Carl Pierceall, Muskogee, as a member to the Oklahoma Wildlife Conservation Commission.

Derrell Routh, Lawton, as a member to the Police Pension and Retirement Board.

Ron E. Watkins, Claremore, as a member to the Board of Regents for Rogers State College.

MESSAGE FROM THE HOUSE HAs TO SENATE BILLS

Advising passage of and returning the following Engrossed Bill, as amended:

SB 59.

SECOND READING


SB 74 — Education SB 75 — Finance SB 76 — Judiciary SB 77 — Business and Labor SR 3 — Policy

FIRST READING


SB 78 — By Dawson of the Senate and Sanders of the House.

An act relating to cities and towns; amending 11 O.S. 1981, Section 49-122, which

relates to Firefighters Pension and Retirement System; exempting certain municipalities from contributions for volunteer firefighters; providing an effective date; and declaring an emergency.

SB 79 — By McDaniel.An act relating to wills and succession;

amending 84 O.S. 1981, Section 271.1, which relates to abandoned mineral interests; providing that any interested party may bring certain escheat actions; providing for certain expenses and fees; and declaring an emergency.

SB 80 — By McDaniel.An act relating to public health and safety;

providing short title; adopting the Central Interstate Low-Level Radioactive Waste Compact; stating management policy and purpose; defining terms; stating procedures and responsibilities; establishing the Central Interstate Low-Level Radioactive Waste Commission and providing for Commission’s membership, powers and duties; providing for selection of regional disposal site(s); allowing for other laws and regulations; designating eligible parties and procedures for withdrawal, revocation, entry into force and termination of compact; providing for enforcement; providing severability and liberal interpretation; authorizing Governor to execute compact; appointing the Commissioner of Health as the Commission member; providing for promulgation of rules and regulations; designating the Corporation Commission as the rate review agency; providing for certain studies; and providing for codification.

SB 81 — By Smith of the Senate and Williamson of the House.

An act relating to torts; providing a cause of action for certain damages to patients of certain medical practitioners; prescribing the degree of skill and learning and the standard

Seventh Legislative Day, Thursday, January 13, 1983 95

of care required by certain medical practitioners; providing qualifications of certain expert medical witnesses; providing codification; repealing conflicting laws; providing for severability; and declaring an emergency.

DECLARATION OF VOTE

Senator Moore asked that the record reflect had he been present when the vote was taken on the confirmation of Executive Nominations on this legislative day, he would have voted “ Aye” , which was the order.MESSAGE FROM THE HOUSE

Advising passage of and transmitting for consideration Engrossed HB 1023.

HB 1023 — By Willis, Draper, Vaughn and Fitzgibbon of the House and Combs and York of the Senate.

An act relating to revenue and taxation; amending 68 O.S. 1981, Section 509.1; removing a certain tax exemption from mixtures or blends of motor fuel and ethyl alcohol; requiring certain reports be submitted to the Tax Commission; providing expiration date for certain exemption; repealing 68 O.S. 1981, Section 529; providing an operative date; and declaring an emergency.

The above numbered HB was read the first time.LOBBYIST REGISTRATION

The following lobbyist registration (including organization represented) has been filed with the Joint Legislative Ethies Committee:

Ruth, Ken, Committee for Better Legal and Banking Services, Ine.

COMMUNICATION

The following Communication from the State Election Board was received and incorporated in the Journal for this legislative day:

January 12, 1983

The Honorable Jeannette B. Edmondson Secretary of State State Capitol Building Oklahoma City, Oklahoma 73105

Dear Mrs. Edmondson:

On November 8, 1982, I transmitted to you the results of the General Election held November 2, 1982. Contained therein were the results of the election for Associate District Judge of Atoka County showing Reid K. Mayfield as the certified winner. However, since that time I discovered that Richard E. Mayfield should have in fact been certified as the winner of said election.

On this date the State Election Board convened a public meeting and re-examined the results of the General Election for Associate District Judge of Atoka County held November 2, 1982; withdrew its certification of Reid K. Mayfield issued November 5, 1982; certified Richard E. Mayfield as the winner of said election; and directed the issuance of a Certificate of Election to Richard E. May- field.

Therefore, please accept this letter, with enclosed copy of the certification of the General Election held on November 2, 1982, for Associate District Judge of Atoka County, as the official correction of the error contained in the document submitted to you November 8, 1982.

Respectfully,

Lee Slater/s/SecretaryState Election Board

January 12, 1983

We certify the following to be the result of the General Election held on November 2, 1982, for Associate District Judge in Atoka County:

96 Senate Journal

Reid K. Mayfield...................... 1,799Richard E. Mayfield...............2,195

State Election Board Grace Hudlin, Chairman/s/Betty K. Hall, Member/s/

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand ad

journed to convene Monday, January 17, 1983, at 1:30 p.m., which motion prevailed.


Eighth Legislative DayMonday, January 17,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Excused: Cate and Choate.—2.


The prayer was offered by Reverend Clyde Stilley, Cardin Baptist Church, Cardin, the guest of Senator Schuelein.SECOND READING


SB 78 — Finance SB 79 — Judiciary SB 80 — Natural Resources SB 81 — Judiciary HB 1023 — Finance

FIRST READING


SB 82 — By McIntyre.An act relating to state government;

amending 74 O.S. 1981, Section 85.7, which relates to the Oklahoma Central Purchasing Act; requiring a percentage of contracts or acquisitions to be awarded to certain minorities; defining term; and providing an effective date.

SB 83 — By Taliaferro.An act relating to counties and county

officers; amending 19 O.S. 1981, Section 682, as amended by Section 1, Chapter 218, O.S.L. 1982 (19 O.S. Supp. 1982, Section 682), which relates to duties of county officers; deleting liability for worthless checks; and providing an effective date.

SB 84 — By Taliaferro.An act relating to labor; amending 40 O .S.

1981, Section 196.12, which relates to minimum wages on public works; granting an additional exemption; and declaring an emergency.

SB 85 — By McDaniel of the Senate and Abbott of the House.

98 Senate Journal

An act relating to public employees’ pensions; amending 20 O.S. 1981, Section 1108, 47 O.S. 1981, Section 2-311, as amended by Section 4, Chapter 227, O.S.L. 1982 (47 O.S. Supp. 1982, Section 2-311), 70 O.S. 1981, Section 17-107, as amended by Section 5, Chapter 227, O.S.L. 1982 (70 O.S. Supp. 1982, Section 17-107) and 74 O.S. 1981, Section 921, as amended by Section 6, Chapter 227, O.S.L. 1982 (74 O.S. Supp. 1982, Section 921), which relate to management and investment of funds; providing additional method of safekeeping certain securities; and declaring an emergency.

SB 86 — By Smith.An act relating to civil procedure; amend

ing 12 O.S. 1981, Section 727, as amended by Section 1, Chapter 78, O.S.L. 1982 (12 O.S. Supp. 1982, Section 727), which relates to interest on judgments of court of record; decreasing interest rates on certain judgments; and declaring an emergency.

SB 87 — By Smith.An act relating to the Consumer Credit

Code; amending 14A O.S. 1981, Sections 2-201, 2-207 and 3-508A, which relate to consumer credit service charges; reducing the annual credit service charge percentage rate for nonrevolving accounts; reducing the monthly credit service charge percentage rate for revolving accounts; reducing the annual loan finance charge for supervised loans; repealing conflicting laws; and declaring an emergency.


An act relating to garnishment; amending 12 O.S. 1981, Sections 1172.1, 1174 and 1178, as amended by Sections 1, 2 and 3, Chapter 302, O.S.L. 1982 (12 O.S. Supp. 1982, Sections 1172.1, 1174 and 1178), which relate to garnishee summons and exemptions, modifying procedures and certain notice requirements in postjudgment actions; providing for additional statements in affidavit required of garnishee; providing

new forms; amending 31 O.S. 1981, Section 1.1, which relates to certain wage exemptions; modifying provisions for personal wage exemptions; determining undue hardship on debtor and family; providing for codification; providing for severability; and declaring an emergency.

SB 89 — By Stipe.An act relating to conveyances; amending

16 O.S. 1981, Section 11 A, which relates to constructive mortgage; exempting certain mutual help and occupancy agreements; and declaring an emergency.

SB 90 — By Stipe.An act relating to enterprise zones; provid

ing short title; defining terms; requiring designation and lists thereof; stating length of availability of certain incentives; listing requirements for qualification; providing sales tax exemption; allowing creation of enterprise districts; providing for creation of Enterprise District Management Authority; fixing membership, qualification, term, compensation and restrictions on members of Authority; providing for bond election; providing for issuance and deposit of bonds; providing for sale and payment of bonds; directing program of venture capital loans; requiring certain application; requiring hearing; providing for loans; creating Enterprise District Loan Fund; providing for use of fund; requiring certain deposits and withdrawals; directing the payment of bond principal and interest; requiring certain audits; providing for codification; and declaring an emergency.

LOBBYIST RESIGNATIONS

Notice of resignation as lobbyist has been received from the following:

Karen L. Moore, as of January 13, 1983. Russell L. Stilwell, as of January 13,

1983.

Eighth Legislative Day, Monday, January 17, 1983 99

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Tuesday, January 18, 1983, at 1:30p.m., which motion prevailed.


Ninth Legislative DayTuesday, January 18,1983


Roll Call;

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young. — 48.


The prayer was offered by Reverend Stil- ley, the guest of Senator Schuelein.



H.B. Atkinson, Midwest City, as a member to the Oklahoma Wildlife Conservation Commission.

Allen E. Coles, Oklahoma City, as a member to the Oklahoma Horse Racing Commission.

Stanton L. Young, Oklahoma City, as a member to the State Transportation Commission.

PENDING CONSIDERATION OF HAs

HAS to SB 59 ^vere concurred in upon motion of Senator Johnson.

SB 59, as amended by the Honorable House, was read at length.


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Winn, Wright, York and Young.—43.

Nay: Lamb, Moore, Pierce, Smith and Watson.—5.


1 02 Senate Journal

House amendments were properly signed and the above-numbered bill was referred for enrollment.

COMMITTEE REPORT

The following was reported by the committee named, ordered printed and placed on the Calendar:

DO PASS:

SB 71 — Appropriations

SECOND READING


SB 82 — General Government SB 83 — General Government SB 84 — Business and Labor SB 85 — Appropriations SB 86 — Judiciary SB 87 — Finance SB 88 — Judiciary SB 89 — Judiciary SB 90 — Finance

FIRST READING


SB 91 — By Clifton.An act relating to conveyances; providing

for the filing of affidavits affeeting real property; prescribing the contents of affidavits; directing the recording of affidavits; providing a penalty for false statement; providing for codifieation; providing severability; and providing an effective date.

SB 92 — By Clifton.An act relating to conveyances; requiring

instruments and documents which zone and regulate real property to be filed and recorded in the office of the county clerk; providing procedures; identifying responsibil

ities of abstractors; making provisions prospective; providing for codification; and providing an effective date.

SB 93 — By Watson.An act relating to civil procedure; amend

ing 12 O.S. 1981, Section 1173, as amended by Section 1, Chapter 159, O.S.L. 1982 (12 O.S. Supp. 1982, Section 1173), which relates to garnishee summons; providing for continuing garnishee summons when garnishee is employer; describing procedures for employer and court clerk; providing for codification; and declaring an emergency.

SB 94 — By O’Connor.An act relating to public health and safety;

amending 63 O.S. 1981, Section 2-403, which relates to crimes involving controlled dangerous substances; providing penalties for robbery of controlled dangerous substances; and declaring an emergency.

SB 95 — By Miller.An act relating to banks and trust com

panies; amending 6 O.S. 1981, Sections 1204 and 1205, which relate to bank liquidation; modifying priority of claims; requiring the Federal Deposit Insurance Corporation as liquidator of certain national banks to be bound by the priority of claims established in the Oklahoma Banking Code; and providing an effective date.

SR 5 — By Leonard, Stipe, Dahl, Schuelein, Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, Mclntrye, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.

A resolution praising the life and accomplishments of Leon B. Field; expressing deep sorrow upon his death; extending condolences; making a permanent record, and directing distribution.

Ninth Legislative Day, Tuesday, January 18, 1983 103



HB 1004 — By Thompson of the House and Johnson of the Senate.

An act relating to crimes and punishments; repealing Sections 1, 2 and 3, Chapter 127, O.S.L. 1982, regarding the use of explosives in certain quarrying or mining operations; and declaring an emergency.

The above numbered HB was read the first time.


SB 59 was correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.




Bazhaw, Lana Jo, United Teaching Profession of Oklahoma City.

Hall, Marquita E., Communications Workers of America.

Mayfield, Leo C ., Cooperative Council of Oklahoma School Administrators.


Advising fourth reading of and returning Enrolled SB 59.

The above numbered Enrolled SB was referred to the Governor.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday, January 19, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 1:45 p.m. to meet Wednesday, January 19, 1983, at 1:30 p.m.

Tenth Legislative DayWednesday, January 19,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Excused: Cate and Clifton.—2.





David D. Been, Tulsa, as a member to the Police Pension and Retirement Board.

William Chapman, Madill, as a member to the Oklahoma Pecan Commission.

Sheldon Detrick, Tulsa, as a member to the Oklahoma Horse Racing Commission.

Josh M. Drake, Jr., Mangum, as a member to the War Veterans Commission.

Jean Hendrick, Lawton, as a member to the Oklahoma State Arts Council.

Fred Lacquement, Wewoka, as a member to the Industrial Finance Authority.

Dr. Edward Sturgeon, Stillwater, as a member to the Board of Registration for Foresters.

SECOND READING —DIRECT TO CALENDAR

Senator Cullison asked unanimous consent to suspend Rules 5-4 and 5-5 and to refer SR 5 direct to the Calendar, which was the order.

SECOND READING


SB 91 — JudiciarySB 92 — JudiciarySB 93 — JudiciarySB 94 — Law EnforcementSB 95 — Business and LaborHB 1004 — Law Enforcement

106 Senate Journal

FIRST READING



ries; amending 57 O.S. 1981, Section 138, which relates to earned credits by an inmate; providing for deduction of time from sentences; adding earned credits for parolee; providing methods for receiving or forfeiting earned credits and exceptions; and providing an effective date.

SB 97 — By York.An act relating to crimes and punishments;

amending 21 O.S. 1981, Section 995.1, which relates to bingo licensing for certain nonprofit organizations; expanding type of organization to include any post or organization of war veterans exempt from tax under paragraph (19) of subsection (c) of Section 501 of the Internal Revenue Code of 1954; and declaring an emergency.

GENERAL ORDER

SB 71 by Dawson of the Senate and Fried of the House was called up for consideration.

Senator Dawson asked unanimous consent that SB 71 be laid over for this legislative day, which was the order.

INTRODUCTION

Senator Green introduced his granddaughter, Sarah Pollock, to the Senate.

LOBBYIST REGISTRATION

The following lobbyist registration (including organization represented) has been filed with the Joint Legislative Ethics Committee:

Crow, Herschal H. Jr., Oklahoma Opto- metric Association (addendum).

MESSAGE FROM THE GOVERNOR

Advising approval by him, January 19, 1983, of Enrolled SB 59.

Senator Schuelein moved that, when the clerk’s desk is clear, the Senate stand adjourned to convene Thursday, January 20, 1983, at 11:00 a.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 1:55 p.m. to meet Thursday, January 20, 1983, at 11:00 a.m.

Eleventh Legislative DayThursday, January 20,1983


Roll Call:

Present: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Excused: Capps and Smith.—2.



SECOND READING


SB 96 — Law Enforcement SB 97 — Finance


Advising passage of and transmitting for consideration Engrossed HBs 1007 and 1015.

HB 1007 — By Shurden, Brewster, Leftwich, Graves, Clark, Little, Pitezel, Boeckman and Gordon of the House and Terrill of the Senate.

An act relating to crimes and punishments; amending 21 O.S. 1981, Section 832; prohibiting the contamination of food, drink, or certain medicine with certain poisons, drugs, objects, or substances; prohibiting the poisoning of certain water; prohibiting placing certain drugs in such waters; modifying penalties; providing an operative date; and declaring an emergency.

HB 1015 — By Riggs and Duckett of the House and Cullison of the Senate.

An act relating to motor vehicles; amending 47 O.S. 1981, Section 11-902, as amended by Section 9, Chapter 294, O.S.L. 1982 (47 O.S. Supp. 1982, Section 11-902); prohibiting the operation of any motor vehicle while under the influence of certain specified substances; prohibiting certain defenses; defining term; providing penalties; modifying certain prerequisites for a felony conviction; providing location for certain correctional institutions; providing for codification; and providing an effective date.

108 Senate Journal

The above numbered HBs were read the first time.

FIRST READING


SB 98 — By Dawson of the Senate and Harris of the House.

An act relating to contracts; voiding agreements that exempt certain places of public amusement or recreation from liability for negligence; providing for codification; repealing conflicting laws; and declaring an emergency.

SB 99 — By Terrill.An act relating to insurance; amending 36

O.S. 1981, Section 924, which relates to filing rates and rating information; deleting provision regarding termination of certain provisions relating to effective dates of homeowner’s insurance rates; eliminating provision extending authority of State Board for Property and Casualty Rates under certain conditions; and declaring an emergency.

SB 100 — By McDaniel and Taliaferro.An act relating to property; declaring

legislative intent; providing for abandonment of certain mineral interests; providing for reversion in surface owner; describing procedure; providing for rebuttal to abandonment; prescribing method of preservation; providing exceptions; providing for codification; providing severability; and declaring an emergency.

SB 101 — By Giles of the Senate and Mentzer of the House.

An act relating to state government; amending 74 O.S. 1981, Section 150.5, which relates to requests for investigations by the Oklahoma State Bureau of Investigation; providing for an additional requestor; limiting the type of request to special background investigations; specifying who will be subject to such investigations; establish

ing a time limit for a report; and requiring an executive session for consideration of a report.

COMMITTEE REPORTS

The following were reported by the committees named, ordered printed and placed on the Calendar:

DO PASS:

SB 1 — Judiciary, coauthored by Dawson of the Senate and Vaughn (principal House author), and be referred to the Consent Calendar.

SB 9 — Education.SB 15 — Human Resources — coau

thored by Porter and McIntyre of the Senate and Gray (principal House author).

SB 77 — Business and Labor, coauthored by Thompson (principal House author).

DO PASS, as amended:

SB 73 — Judiciary, coauthored by Anderson of the House.

HB 1023 — Finance.



Berry, Bobby Dean, Association.

Oklahoma Dental

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Monday, January 24, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 11:15 a. m . to meet Monday, January 24, 1983, at 1:30 p.m.

Twelfth Legislative DayMonday, January 24,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.

Excused: O’Connor.— 1


The prayer was offered by Reverend A.J. Frank, Glad Tidings Assembly of God Church, Shawnee, the guest of Senator Clifton.

CONSENT CALENDAR

SB 1 by McCune and Dawson of the Senate and Vaughn of the House was called up for consideration.

Senator M cCune moved that SB 1 be advanced, w hich m otion was declaredadopted.

THIRD READING

SB I was read for the third time at length.

One the question of passage of the bill and emergency, the roll call resulted as follows:

Aye: Cain, Cate, Choate, Clifton, Cullison, Dahl, Dawson, Dennis, Green, Hopkins, Howell, Johnson, Keller, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.— 37.

Nay: Boatner, Branch, Capps, Combs, Ford, Giles, Kilpatrick, Lamb, Landis and Winn.— 10.

Excused: O’Connor.— 1.


SB I was referred for engrossment.

GENERAL ORDER

SB 9 by Howell of the Senate and Craighead of the House was called up for consideration.

Senator Kilpatrick asked to coauthor SB 9, which was the order.

110 Senate Journal

Senator Boatner moved to amend SB 9, Page 3, Line 2, by restoring the word “ Junior” and inserting the word “ State” before “ Junior” on Page 18, Lines 9 and 10 and Page 22, Lines 5 and 8, which amendment was withdrawn upon the request of Senator Boatner.

Senator Howell asked unanimous consent that SB 9 be laid over temporarily, which was the order.

GENERAL ORDER

SB 71 by Dawson of the Senate and Fried of the House was called up for consideration.

Senator Ford moved to amend SB 71, Page 2, Line 10, by adding after the word “ fees. ’ ’ and before the stricken word ‘ ‘The’ ’ the following: “ On July 1, 1985, and at the end of each fiscal year thereafter,” and by restoring stricken language and amending Title to conform, which amendment was declared adopted.

Senator Dawson moved that SB 71 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—44.

Nay: Giles, Stipe and Young.—3.




GENERAL ORDER

SB 9 was considered further.

Senator Taylor moved to amend SB 9, Page 2, Line 16, by striking “ Claremore Junior College” and substituting therefor “ Rogers State College” and by making the same change on Page 13, Lines 7 and 8; Page 13, Lines 9 and 10; Page 13, Line 11; Page 13, Lines 13 and 14 and Page 13, Lines 15 and 16, which amendment was declared adopted.

Senator Howell moved that SB 9 be advanced, which motion was declared adopted.

THIRD READING


On the question of passage of the bill, the roll call resulted as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—45.

Nay: Giles and Young.—2.


The bill passed.


Twelfth Legislative Day, Monday, January 24, 1983 111

SECOND READING


SB 98 — JudiciarySB 99 — Business and LaborSB 100 — JudiciarySB lOI — General GovernmentHB 1007 — Law EnforcementHB 1015 — Judiciary

FIRST READING


SB 102 — By Capps.An act relating to liens; providing seed,

fertilizer and chemical suppliers and appliers a lien against crops under certain circumstances; providing for codification; and providing an effective date.

SB 103 — By Cate.An act relating to criminal procedure;

amending Sections 5, 6 and 7, Chapter 255, O.S.L. 1982 (22 0 .S . Supp. 1982, Sections 60.4, 60.5 and 60.6), which relate to the protection from Domestic Abuse Act; providing for service and hearings of ex parte orders; requiring copies be sent to law enforcement agencies; requiring orders to con

tain notice of penalties; declaring statewide validity of orders; providing for codification; providing severability; and providing an effective date.

SB 104 — By Keller of the Senate and Sanders of the House.

An act relating to the Commercial Code; amending 12A O.S. 1981, Section 6-102, which relates to bulk transfers; expanding transfers and enterprises to include service subject to the bulk transfer article; and providing an effective date.



Blank, J. Diane, Norman Public Schools.Housh, Jim Bill, Oklahoma Association

of Realtors.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Tuesday, January 25, 1983, at 1:30 p.m., which motion prevailed.


V

Thirteenth Legislative DayTuesday, January 25,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young. - ^ 8 .


The prayer was offered by Reverend Frank, the guest of Senator Clifton.



Lillie Buckner, Oklahoma City, as a member to the Board of Registration for Professional Engineers and Land Surveyors, to serve a term coterminous with the Governor. Mrs. Buckner will fill a new position.

Elizabeth Kirkpatrick Doenges, Tulsa, as a member to the State Arts Council, to serve a term of three years ending July 1, 1985. Mrs. Doenges will succeed Mrs. John Griffin.

Linda Gibbs, Holdenville, as a member to the State Arts Council, to serve a term of three years ending July 1, 1985. Mrs. Gibbs will succeed herself.

Douglas M. Gibson, Oklahoma City, as a member to the State Board of Licensed Social Workers, to serve a term of five years ending June 1, 1987. Mr. Gibson will succeed himself.

William G. Kerr, Oklahoma City, as a member to the State Arts Council of Oklahoma, to serve a term of three years ending July 1, 1985. Mr. Kerr will succeed Curt Schwartz.

LaVem W. Phillips, Woodward, as a member to the State Arts Council of Oklahoma, to fill an unexpired term of three years ending July 1, 1983. Mr. Phillips will succeed William H. Crawford.

Bill Rodgers, Jr., Blackwell, as a member to the Board of Regents of Northern Oklahoma College, to serve a term of five years ending June 30, 1987. Mr. Rodgers will succeed himself.

114 Senate Journal

Carol Windham Smith, Poteau, as a member to the State Arts Council, to serve a term of three years ending July 1, 1985. Mrs. Smith will suceeed Mrs. Clark Bass.

Davie C. Spindle, Checotah, as a member to the Board of Regents of Eastern Oklahoma State College, to serve a term of seven years ending June 1, 1989. Mr. Spindle will succeed himself.

The Committee on Executive Nominations has disapproved the following nominations:

W.B. Parker, Spencer, as a member to the Human Rights Commission.

Earl Temple, Oklahoma City, as a member to the Horse Racing Commission.

INTRODUCTION

Senator Cullison introduced his aunt, Mrs. Carmen Bussman, to the Senate.

GENERAL ORDER

HB 1023 by Willis, et al, of the House and Combs and York of the Senate was called up for consideration.

Senator Ford moved to amend HB 1023, Page 1, Line 3, by striking paragraph (a) and adding a new paragraph (a) to read as follows:

“ (a). THREE AND ONE-HALF CENTS ($0,035) OF the tax levied [by] PURSUANT TO THE PROVISIONS OF Sections 502, 516, and 522 of this title shall not apply to the sale of mixtures or blends of motor fuel and ethyl alcohol, containing at least ten pereent (10%) by volume ethyl alcohol, of ninety- nine percent (99%) purity, distilled from agricultural products. Provided, that this exemption shall only apply to mixtures and blends manufactured, refined or blended by a licensed distributor under the provisions of Section 510 of this title. Provided, further,

that NONE OF said taxes shall [also not] apply to any denatured alcohol of at least one hundred sixty-five (165) proof, and which is used as straight alcohol motor fuel.”

Senator Stipe moved to table the Ford amendment, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Howell, Johnson, Landis, Luton, McIntyre, Miller, Porter, Roberts, Rozell, Schuelein, Shed- rick, Stipe, Taliaferro, Taylor, Terrill, York and Young.— 25.

Nay: Cain, Capps, Choate, Ford, Giles, Green, Keller, Lamb, Leonard, McCune, McDaniel, Moore, O ’Connor, Pierce, Rhodes, Smith, Watson, Winn and Wright. — 19.

Excused: Cate, Hopkins, Kilpatrick and Randle.—4.

Senator Stipe moved to amend HB 1023, Page 2, Line 12, by adding after the word “ fuel” the following: “ or mixtures and blends of motor fuel containing ethyl alcohol produced by an alcohol fuel producer registered under the provisions of Sections 1901 through 1908 of Title 2 of the Oklahoma Statutes.”

Senator Combs moved to table the Stipe amendment, which motion was declared failed of adoption upon roll call as follows:

Aye: Branch, Cain, Cate, Clifton,Combs, Cullison, Howell, Johnson, Kilpatrick, Randle, Rozell, Schuelein, Shedrick, York and Young.— 15.

Nay: Boatner, Capps, Choate, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Keller, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Rhodes, Roberts, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—33.

Thirteenth Legislative Day, Tuesday, January 25, 1983 115

Senator Stipe pressed his motion to adopt, which amendment was declared adopted.

Senator Kilpatrick presiding.

Senators Stipe, Young, Rozell, Miller, Branch, Winn, Dennis, Boatner, Roberts, Dawson and Johnson moved to amend HB 1023, Page 3, Line 6 V2, by adding new Sections 2 and 3 to read as follows:

“ SECTION 2. AMENDATORY 68 O.S. 1981, Section 1355, is amended to read as follows:

Section 1355. There are hereby specifically exempted from the tax levied by this article:

(A) Sale of nonintoxicating beverages on which the tax levied in Sections 163.1 et seq. of Title 37 of the Oklahoma Statutes has been paid;

(B) Sale of cigarettes and such tobacco products on which the tax levied in Articles 3 and 4 of this Code, Sections 301 et seq. and 401 et seq. of Title 68 of the Oklahoma Statutes, has been paid;

[(C) Sale of gasoline or motor fuel on which the Motor Fuel Tax, Gasoline Excise Tax or Special Fuels Tax levied in Article 5 ,6 or 7 of this Code, Sections 501 et seq., 601 et seq., and 701 et seq., of Title 68 of the Oklahoma Statutes, has been paid;

(D)] (C) Sale of Motor Vehicles or any optional equipment or accessories attached to motor vehicles on which the Oklahoma Motor Vehicle Excise Tax levied in Article 21, Sections 2101 et seq. of Title 68 of the Oklahoma Statutes has been paid; and

[(E)] (D) Sale of crude petroleum or natural or casinghead gas and other products subject to gross production tax under Articles 10 and 11, Sections 1001 et seq. and 1101 et

seq. of Title 68 of the Oklahoma Statutes. This exemption shall not apply when such products are sold to a consumer or user for consumption or use, except when used for injection into the earth for the purpose of promoting or facilitating the production of oil or gas. This subsection shall not operate to increase or repeal the gross production tax levied by the laws of this state.

SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1353.1 of Title 68, unless there is created a duplication in numbering, reads as follows:

Notwithstanding the provisions of Section 1353 of this title, the sales tax of two percent (2%) on gasoline levied under the provisions of Article 13 of this Code, Sections 1350 et seq. of Title 68, shall be distributed to the various counties on the following basis:

(a) Fifteen percent (15%) of such sum shall be distributed to the various counties in the proportion which the population of each county bears to the total population of the state.

(b) Fifty percent (50%) of such sum shall be distributed to the various counties in the proportion which the area of each county bears to the total area of the state.

(c) Thirty-five percent (35%) of such sum shall be distributed to the various counties in the proportion which the county road mileage of each county bears to the entire county road mileage of this state as certified by the State Department of Transportation.

Provided, however, that this act shall not be construed to authorize the imposition of any tax by incorporated cities or towns on the sale of gasoline or motor fuel.”

Senator York moved to table the Stipe, et al, amendment, which motion was declared adopted upon roll call as follows:

116 Senate Journal

Aye: Cain, Capps, Cate, Clifton, Combs, Cullison, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Landis, Luton, McIntyre, Pierce, Randle, Schuelein, Shed- rick, Smith, Taliaferro, Terrill, Watson, Wright and York.—26.

Nay: Boatner, Branch, Choate, Dahl, Dawson, Dennis, Giles, Leonard, McCune, McDaniel, Miller, Moore, O’Connor, Porter, Rhodes, Roberts, Rozell, Stipe, Taylor and Young.—20.

Excused: Lamb and Winn.—2.

Senator Combs moved that HB 1023 be advanced, which motion was declared adopted.

THIRD READING

HB 1023 was read for the third time at length.


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—42.

Nay: Green, McCune, Moore, Pierce and Smith.—5.

Excused: Keller.— 1.



Pursuant to Rule 12-24 Senator Combs moved that the vote be reconsidered whereby HB 1023 passed.


Senator Combs asked unanimous consent to suspend Rule 12-24 B. to allow a motion to reconsider the vote whereby HB 1023 passed, to which request objection was heard.

Senator Combs moved to suspend Rule 12-24 B., which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Hopkins, Howell, Johnson, Kilpatrick, Landis, Luton, McDaniel, McIntyre, Miller, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, York and Young.—32.

Nay: Choate, Ford, Giles, Green, Keller, Lamb, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Smith, Watson and Wright.— 15.

Excused: Winn.— 1.Senator Combs moved that the vote be

reconsidered whereby HB 1023 and the emergency passed, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Hopkins, Howell, Johnson, Keller, Kilpatrick, Landis, Luton, McDaniel, McIntyre, Miller, O’Connor, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taylor, Terrill, Winn, York and Young.—34.

Nay: Choate, Ford, Giles, Green, Lamb, Leonard, McCune, Moore, Pierce, Rhodes, Smith, Taliaferro, Watson and Wright. — 14.THIRD READING

Senator Combs moved that the vote be reconsidered whereby HB 1023 was advanced, which motion was declared adopted.

Thirteenth Legislative Day, Tuesday, January 25, 1983 117

GENERAL ORDER

Senator Stipe asked unanimous consent that the vote be reconsidered whereby the Stipe amendment to HB 1023, Page 2, Line 12 was adopted, which was the order.

Senator Stipe asked unanimous consent that his amendment be withdrawn, which was the order.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Hopkins, Howell, Johnson, Keller, Kilpatrick, Luton, McDaniel, McIntyre, O’Connor, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taylor, Terrill, Winn, York and Young. —33.

Nay: Ford, Giles, Green, Lamb, Landis, Leonard, McCune, Moore, Pierce, Rhodes, Smith, Taliaferro, Watson and Wright. — 14.

Excused: Miller.— 1.


HB 1023 was referred for engrossment.


SBs I , 9 and 71 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.

SECOND READING


SB 102 — JudiciarySB 103 — Law EnforcementSB 104 — Finance


Advising passage of and transmitting for consideration Engrossed HBs 1020, 1021 and 1031.

HB 1020 — By Sanders and Leftwich of the House and Roberts of the Senate.

An act relating to professions and occupations; amending 59 O.S. 1981, Section 199.9; providing for inspection of beauty shops; limiting locations; modifying limitations concerning manicurists and pedicurists; repealing Section 1, Chapter 36 ,0.S.L . 1979; and declaring an emergency.

HB 1021 — By Sanders of the House and Combs of the Senate.

An act relating to professions and occupations; amending 59 O.S. 1981, Sections 1354, 1355, 1357, 1358 and 1367; modifying certain provisions of the Psychologists Licensing Act; providing for the State Board of Examiners of Psychologists; increasing the membership; specifying terms; providing qualifications; modifying certain qualifications; providing for removal of members and filling of vacancies; providing for meetings, officers, and office space of Board; modifying quorum requirement; changing certain fees that may be charged by Board; providing an operative date; and declaring an emergency.

HB 1031 — By Hill of the House and Leonard of the Senate.

An act relating to corporations; amending 18 O . S. 1981, Section 438.3; defining terms relating to Rural Telephone Cooperative Act; changing definition of the term “ rural area’’; and declaring an emergency.

118 Senate Journal


FIRST READING


SB 105 — By Shedrick.An act relating to state government;

amending 74 O.S. 1981, Section 452.7, as amended by Section 1, Chapter 325, O.S.L. 1982 (74 O.S. Supp. 1982, Section 452.7), which relates to the Joint Committee on Federal Funds; stating legislative intent; providing guidelines and standards; providing severability; and declaring an emergency.


An act relating to the Department of Public Safety; making an appropriation to the Department for the purchase of motor vehicles; and declaring an emergency.

SB 107 — By Watson.An act relating to motor vehicles; requir

ing use of child passenger restraint system or seat belt in certain motor vehicles; defining term; providing exceptions; providing for warning and penalties; disallowing as evidence in certain instances; requiring the Oklahoma Highway Safety Office to develop a program of public education; providing for tax credit; providing for codification; providing an effective date; and declaring an emergency.

SB 108 — By York.An act relating to definitions and general

provisions; amending 25 O.S. 1981, Section82.2, which relates to holidays; changing Youth Day to the third Sunday in March; and providing an effective date.

SJR 2 — By McIntyre.A joint resolution ratifying the amend

ment to the Consitution of the United States to provide for representation of the District of Columbia in the Congress of the United States; and directing distribution.

SCR 1 — By Watson.A concurrent resolution stating legislative

intent to reduce certain appropriations by certain amounts; directing distribution; and making a permanent record.

COMMITTEE REPORTS


DO PASS:

SB 85 — Appropriations.


CS for SB 88 — Judiciary.



Blackstock, Ben, Oklahoma Press Association.

Gipson, Fred, Mobil Oil Corporation; Marion Laboratories, Inc.

Parrish, Richard E., Mobil Oil Corporation; Marion Laboratories, Inc.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday, January 26, 1983, at 1:30 p.m ., which motion prevailed.

Upon m.otion of Senator Schuelein, the Senate adjourned at 2:20 p.m. to meet Wednesday, January 26, 1983, at 1:30 p.m.

Fourteenth Legislative DayWednesday, January 26,1983


Roll Call;

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—47.

Excused: Terrill.— 1.




HB 1023 was correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.



Jeannette B. Edmondson, Oklahoma City, as Secretary of State.

Gloria Satterlee, Oklahoma City, as a member to the Oklahoma State Textbook Committee.

Mary Warner, Oklahoma City, as a member to the Board of Public Affairs.

GENERAL ORDER

SB 15 by McCune, Porter and McIntyre of the Senate and Gray of the House was ealled up for eonsideration.

Senator McCune moved that SB 15 be advanced, which motion was declared adopted.

THIRD READING


On the question of passage of the bill and emergency, the roll call resulted as follows;

Aye; Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford,

120 Senate Journal

Giles, Green, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Watson, Wright, York and Young.—38.

Nay: Boatner, Branch, Dahl, Hopkins, Landis, Miller, Shedrick and Winn.—8.

Excused: Randle and Terrill.—2.



GENERAL ORDER

SB 85 by McDaniel of the Senate and Abbott of the House was called up for consideration.

Senator Howell moved to amend SB 85, Page 14, Line 5, by substituting after the word “ funds” and before the word “ he” the word “ and” for the word “ or” , which amendment was declared adopted.

Senator McDaniel asked unanimous consent that SB 85 be laid over for this legislative day, which was the order.

SECOND READING


SB 105 — Appropriations SB 106 — Appropriations SB 107 — Transportation SB 108 — General Government SJR 2 — General Government SCR 1 — Appropriations HB 1020 — Business and Labor HB 1021 — Business and Labor HB 1031 — Business and Labor



HB 1002 — By Henry, Hobson, Johnson (Glen), Atkinson and Williams (Penny).

An act relating to civil procedure; amending 12 O.S. 1981, Section 1751, as amended by Section 1, Chapter 142, O.S.L. 1982 (12 O.S. Supp. 1982, Section 1751);authorizing certain suits to be brought under small claims procedure; increasing the amount of recovery subject to small claims jurisdiction; limiting attorneys fees in uncontested cases; and providing an effective date.

HB 1035 — By Haney, Harbin, Lewis, Leftwich, Cole, Hamilton, Clark, Mentzer and Duckett of the House and Dawson of the Senate.

An act relating to crimes and punishments; amending 21 O.S. 1981, Sections 1040.8, 1040.13 and 1040.51; prohibiting the publication, distribution, sale, or certain other activities relating to obscene materials, items, or articles; adding electronic video games to list of items which may be declared obscene; providing for jurisdiction; providing penalties; prohibiting the mailing of such materials and items; eliminating provision exempting certain motion pictures; and providing an effective date.


FIRST READING


SB 109 — By McIntyre.An act relating to roads, bridges and fer

ries; amending 69 O.S. 1981, Seetion 302, which relates to the Transportation Commission; restructuring Commission districts; changing terms of members; requiring ex-

Fourteenth Legislative Day, Wednesday, January 26, 1983 121

piration date of present membership; repealing conflicting laws; providing for severability; and declaring an emergency.

SB 110 — By Smith.An act relating to motor vehicles; amend

ing 47 O.S. 1981, Sections 6-103, 7-201, 7-202, 7-203, 7-319, 7-320, 7-321, 7-324, 7-325, as amended by Section 3, Chapter 355, O.S.L. 1982, Section 1, Chapter 355, O.S.L. 1982, 7-601, as amended by Section 4, Chapter 355, O.S.L. 1982, Section 5, Chapter 355, O.S.L. 1982 and 7-602, as amended by Section 6, Chapter 355, O.S.L. 1982 (47 O.S. Supp. 1982, Sections 7-325, 7-600, 7-601, 7-601.1 and 7-602), which relate to licenses and financial responsibility; prohibiting licensure of certain persons; modifying application of financial responsibility requirement; modifying security requirement for certain persons not owners of motor vehicles; limiting owner’s motor vehicle liability insurance policies to certain persons; requiring security be maintained by operators of certain motor vehicles; increasing number of copies of security verification form supplied by insurers; requiring copy of security verification form be surrendered upon application for operator’s or chauffeur’s license; providing information required on security verification form; providing exceptions; and providing an effective date.

SB 111 — By Porter.An act relating to taxation; amending 37

O.S. 1981, Sections 163.3 and 163.10, which relate to taxes on nonintoxicating beverages; deleting exemption from state laws levying a sales, consumers or use tax; allowing munieipalities to levy sales tax on nonin- toxieating beverages; amending 68 O.S. 1981, Section 1355, which relates to state sales tax exemptions; deleting exemption for sales of nonintoxicating beverages; and declaring an emergency.

SB 112 — By Young.An act relating to crim es and punishm ents;

making dam age o f state property or aggra

vated assault and battery a felony under certain circumstances; making act cumulative; providing for codification; and declaring an emergency.

SB 113 — By Young.An act relating to children; amending 10

O.S. 1981, Section 1104, which relates to custody; including certain children under provisions; providing an effective date; and declaring an emergency.

SB 114 — By Landis.An act relating to agriculture; amending 2

O.S. 1981, Section 9-133, which relates to livestock sales; requiring market license applications to be affirmed by the applicant and sealed by a notary public; making submission of false information a felony; requiring a copy of applications for a new license and twenty dollars be submitted to the Oklahoma State Bureau of Investigation; requiring the Oklahoma State Bureau of Investigation to verify the application and report false information to the Attorney General of Oklahoma; providing that the Attorney General of Oklahoma prosecute violations; raising the application fee for a new license; providing the State Board of Agriculture may refuse a license to applicants who are not of good moral character; and providing an effective date.

SR 6 — By McDaniel.A resolution disapproving rules of the

State Employees Group Health, Dental and Life Insurance Board; and directing distribution.

COMMITTEE REPORTS


DO PASS:

SB 70 — Finance, coauthored by Barker (principal House author).

1 2 2 Senate Journal

DO PASS, as amended;

SB 79 — Judiciary, coauthored by Davis (Frank) (principal House author).



Robertson, Dan R., Atlantic Richfield Company.

Smith, Shari, Tulsa Classroom Teachers Association.

Woods, Shirley Lea, Tulsa Classroom Teachers Association.


Upon motion of Senator Schuelein, the Senate adjourned at 1 ;55 p.m. to meet Thursday, January 27, 1983, at 11:00 a.m.

Fifteenth Legislative DayThursday, January 27,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young. - ^ 3 .

Excused: Dahl, Dawson, Keller, McIntyre and Smith.—5.





Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—42.

Excused: Dahl, Dawson, Keller, McIntyre, Smith and Stipe.—6.

GENERAL ORDER

SB 85, as amended on page 120, was considered further.

Senator McDaniel moved that SB 85 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson,

124 Senate Journal

Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—41.

Excused: Branch, Dahl, Dawson, Keller, McIntyre, Smith and Stipe.—7.





SECOND READING


SB 109 — Transportation SB 110 — Business and Labor SB 111 — Finance SB 112 — Judiciary SB 113 — Judiciary SB 114 — Agriculture SR 6 — General Government HB 1002 — Judiciary HB 1035 — Judiciary



HB 1013 — By Twidwell, Kelly, Abbott and Duckett.

An act relating to prisons and reformatories; amending 57 O.S. 1981, Section 224; allowing inmates of correctional facilities to be assigned for service and maintenance work subject to certain approval; providing

for credit days; allocating responsibility and costs for certain functions; providing qualifications for eligibility for service and maintenance work; and providing an effective date.

HB 1014 — By Caldwell, Reimer, Harbin, Baker, Holden, Monks, Anderson, Lewis, and Johnson (Glen) of the House and McDaniel of the Senate.

An act relating to crimes and punishments; amending 21 O.S. 1981, Sections 1753.3 and 1753.6; prohibiting the throwing, dropping, depositing, or otherwise placing of litter upon or within certain places; making operator of a vehicle or certain other persons liable for certain actions; providing penalties; defining term; providing for enforcement; repealing 21 O.S. 1981, Section 1753.7; providing an operative date; and declaring an emergency.


FIRST READING


SB 115 — By Landis.An act relating to motor vehicles; amend

ing 47 O.S. 1981, Sections 6-206, 6-208, 6-303, as amended by Sections 2 and 3, Chapter 273, O.S.L. 1982 (47 O.S. Supp. 1982, Sections 6-208 and 6-303) and 11- 902, as amended by Section 9, Chapter 294, O.S.L. 1982 (47 O.S. Supp. 1982, Section 11-902), which relate to cancellation, suspension and revocation of driver’s licenses; providing exceptions; requiring permanent suspension of driver’s license for a second conviction of operating a motor vehicle while under the influence of alcohol or drugs; providing additional penalties; providing severability; and declaring an emergency.

Fifteenth Legislative Day, Thursday, January 27, 1983 125

SB 116 — By Howell.An act relating to public health and safety;

amending 63 O . S . 1981, Section 721, which relates to buoys and flags used by divers; specifying how flag is to be flown; and declaring an emergency.


O.S. 1981, Section 4002, which relates to bonds for the cost of state university improvements; increasing the maximum interest rate allowable; and declaring an emergency.

SB 118 — By Boatner.An act relating to banks and trust compa

nies; amending Section 11, Chapter 352, O.S.L. 1971 (6 O.S. 1981, Section 415), which relates to drive-in and walk-up facilities; correcting scrivener’s errors; expanding banking functions which may be performed at drive-in and walk-up facilities; allowing extended service facility; providing for location; authorizing same banking functions as home office; providing for application for certificate and accompanying fees; repealing Section 1, Chapter 132, O.S.L. 1971 (6 0 .S. 1981, Section 415) and Section 1, S.J.R. No. 33, O.S.L. 1971 (6 O.S. 1981, Section 415); and providing an effective date.

SB 119 — By Shedrick of the Senate and Manar of the House.

An act relating to liens; amending 42 O. S. 1981, Section 143.1, which relates to notice, filing of lien statement and fees relating to mechanics and materialmen liens; requiring claimant to mail notice; requiring county clerk to furnish certain notice information; providing for affidavit of mailing; and providing an effective date.

SB 120 — By Cullison.An act relating to motor vehicles; exempt

ing trash collection cycles from registration laws; providing trash collection cycles may use public streets and highways; providing for codification; and providing an effective date.

SB 121 — By Capps of the Senate and Glover of the House.

An act relating to the Commercial Code; amending 12A O.S. 1981, Section 9-307; providing protection to buyers in ordinary course of business; deleting the exemption for persons buying farm products from persons engaged in farming operations; providing an operative date; and declaring an emergency.

SB 122 — By Howell of the Senate and Henry of the House.

An act relating to limited partnerships; defining terms; specifying the contents of a partnership name; establishing procedures for reserving a name; requiring an office in the state; requiring certain records be kept; limiting nature of business; allowing business transactions between a partnership and a partner; stipulating the contents of the partnership certificate; allowing amendment to the certificate; establishing the method of execution of certificates; allowing amendment or cancellation of certificates by judicial act; requiring filing of certificates; creating liability for false statements in certificates; limiting the notice provisions of filed certificates; providing for delivery of certificates to limited partners; allowing admission of additional limited partners; specifying manner of voting; establishing liability to third parties; establishing rights of person erroneously believing himself a limited partner; granting limited partners certain rights; permitting addition of general partners in certain circumstances; enumerating when general partner ceases to be partner; identifying general powers and liabilities of a general partner; specifying the nature and form of general partner contributions; obligating partners for certain contributions; allocating profits and losses; providing for sharing of distributions; establishing manner of withdrawal of general and limited partners; specifying distribution upon withdrawal; limiting distribution in kind; granting partners certain rights regarding distribution; limiting distribution to value of partnership assets; estab

126 Senate Journal

lishing liability upon return of contribution; defining nature of the partnership interest; allowing assignment of partnership interest; granting creditors certain rights; providing for rights of an assignee; establishing powers of certain representatives Of partner; providing for nonjudicial and judicial dissolution of partnership; regulating distribution of assets upon dissolution; establishing law governing partnership organized under the laws of different states; requiring registration of foreign limited partnerships; requiring issuance of registration under certain conditions; requiring amendments to registration under certain circumstances; allowing cancellation of registration; limiting transaction of business without registration; allowing Attorney General to bring certain suits; establishing limited partner rights in derivative actions; stipulating who can bring a derivative action; specifying content of pleading; allocating costs; requiring uniform application and construction of act; limiting application to existing limited partnerships; providing severability; providing for codification; and providing an effective date.

SJR 3 — By Boatner.A joint resolution directing the Secretary

of State to refer to the people for their approval or rejection the proposed amendment of Section 9 of Article X of the Oklahoma Constitution, which provides for the amount of ad valorem taxes; authorizing an additional levy to be apportioned among county, city, town and school district; deleting certain obsolete provisions; providing ballot title; and directing filing.


Advising rejection of SAs to Engrossed HB 1023, requesting Conference and naming Conferees as follows: Willis, Fitzgibbon and Draper.

COMMITTEE REPORT


DO PASS:

SB 67 — Business and Labor, coauthored by Henry (principal House author).



Grogan, Michael C., Miller Brewing Company.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Monday, January 31, 1983, at 1:30 p.m., which motion prevailed.


Sixteenth Legislative DayMonday, January 31,1983


Roll Call;

Present: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatriek, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—44.

Excused; Cate, Clifton, Miller and Winn.


The prayer was offered by Reverend Kenneth Coleman, First Baptist Church, Eldorado, the guest of Senator Winn.

GENERAL ORDER

SB 67 by Howell of the Senate and Henry of the House was called up for consideration.

Senator Howell moved that SB 67 be advanced, which m otion was declaredadopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young. ^ 3 .

Excused: Cate, Clifton, Miller, Randle and Winn.—5.

The bill passed.




128 Senate Journal

PENDING SENATE ACTION HOUSE REQUEST FOR CONFERENCE

Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HB 1023 was ordered granted, President Pro Tempore York appointing as Senate Conferees the following: Senators York, Combs and Kilpatrick.

SECOND READING


SB 115 — TransportationSB 116 — TransportationSB 117 — FinanceSB 118 — Business and LaborSB 119 — JudiciarySB 120 — TransportationSB 121 — AgricultureSB 122 — JudiciarySJR 3 — FinanceHB 1013 — Law EnforcementHB 1014 — Law Enforcement



HB 1027 — By Mentzer of the House and Rozell of the Senate.

An act relating to bonds; amending 61 O.S. 1981, Section 1, and 69 O.S. 1981, Sections 634 and 1101; requiring certain contractors to furnish certain bonds for performance and indebtedness; requiring bids for certain construction work; providing procedures for awarding of contracts; prescribing powers and duties of the Commission; and providing an effective date.


FIRST READING


SB 123 — By Landis.An act relating to schools; amending 70

O.S. 1981, Section 5-113.1, as amended by Section 1, Chapter 106, O.S.L. 1982 (70 O.S. Supp. 1982, Section 5-113.1), which relates to teachers or other employees related within the third degree of consanguinity or affinity; extending exceptions; and declaring an emergency.

SB 124 — By Taliaferro.An act relating to revenue and taxation;

amending 68 O.S. 1981, Section 24100, which relates to temporary appropriations; increasing maximum amount of temporary appropriations allowed by county excise boards; and providing an effective date.

SB 125 — By Randle.An act relating to motor vehicles; amend

ing 47 O.S. 1981, Section 22.5q, which relates to registration of certain vehicles as commercial trucks; including hatchback vehicles in commercial vehicle registration category; providing an effective date; and declaring an emergency.

SB 126 — By Stipe.An act relating to prisons and reformato

ries; amending 57 O.S. 1981, Section 548, which relates to powers and duties of the Private Prison Industries Board; adding duty to make recommendations concerning state prison industries; and declaring an emergency.

SB 127 — By Stipe.An act relating to criminal procedure; pro

viding for judicial review within one hundred twenty days of sentencing or parole revocation; providing for codification; providing severability; and providing an effective date.

Sixteenth Legislative Day, Monday, January 31, 1983 129

SB 128 — By Stipe.An act relating to state government;

amending Section 34, Chapter 338, O.S.L.1982 (74 O . S . Supp. 1982, Section 841.13), which relates to hearings of the Ethics and Merit Commission; limiting the right of appeal to the district court; and providing an effective date.

SB 129 — By Stipe.An act relating to prisons and reformato

ries; amending 57 O.S. 1981, Section 510, as amended by Section 47, Chapter 338, O.S.L. 1982 (57 O.S. Supp. 1982, Section 510), which relates to penal institutions and duties of Director of the Department of Corrections; requiring appointment of panel to investigate certain incidents; and declaring an emergency.

SB 130 — By Stipe.An act relating to the Corporation Com

mission; directing the Corporation Commission to design and implement certain telecommunications program; requiring solicitation of comments and recommendations from Oklahoma Commission on the Deaf and Hearing Impaired; providing completion date; requiring cooperation with certain counties; providing for codification; and providing an effective date.

SB 131 — By Stipe.An act relating to pardons, paroles and

probations; amending 22 O.S. 1981, Sections 305.2, 982, as amended by Section 1, Chapter 25, O.S.L. 1982, 991a and991c, as amended by Sections 1 and 2, Chapter 8, O.S.L. 1982 (22 O.S. Supp. 1982, Sections 982, 991a and 991c), 991d and 991e, 57 O.S. 1981, Sections 510, as amended by Section 47, Chapter 338, O.S.L. 1982 (57 O.S. Supp. 1982, Section 510), 512, 515, 516 and 517, and 63 O.S. 1981, Section 2111, which relate to responsibility for persons granted pardons, paroles and probations; creating a Department of Pardon and Parole; creating the positions of Director and deputy directors of the Department; specify

ing powers, and duties; authorizing the creation of divisions in the Department; transferring the responsibility for supervision of persons granted pardons, paroles or probations from the Department of Corrections to the Department of Pardon and Parole; declaring legislative intent; authorizing the transfer of certain employees, equipment and supplies; allowing a person to be supervised by the Department of Pardon and Parole while participating in a deferred prosecution or a deferred judgment program; authorizing the Department of Pardon and Parole to conduct presentence investigations; authorizing the Department of Pardon and Parole to collect parole and probation fees and providing for administration of the probation and parole fund by the Pardon and Parole Board; allowing certain employees of the Department of Corrections, the Pardon and Parole Board and the Department of Pardon and Parole to work as probation and parole officers; requiring parole and probation officers to notify the Department of Pardon and Parole of violations; requiring the Alcohol Prevention, Training, Treatment and Rehabilitation Authority to cooperate with the Department of Pardon and Parole in treating persons on parole; providing for codification; providing severability; and providing an effective date.

SB 132 — By Keller.An act relating to revenue and taxation;

amending 68 O.S. 1981, Section 2358, as amended by Section 2, Chapter 293, O.S.L. 1982 (68 O.S. Supp. 1982, Section 2358), which relates to adjustments to arrive at Oklahoma taxable income and adjusted gross income; allowing an additional personal exemption for persons age sixty-five or older with exception; and providing an effective date.

SB 133 — By Landis.An act relating to contracts; defining

terms; requiring the posting of prices of certain consumer products sold at retail; requiring availability of accurate scale; setting penalty for violation; providing for codification; and providing an effective date.

130 Senate Journal

SJR 4 — By Porter.A joint resolution providing for a six-

percent salary reduction for state employees earning three thousand three hundred thirty- four dollars or more per month and a one- percent reduction for employees earning less than three thousand three hundred thirty-four dollars; exempting elected and appointed public officials; providing the affected monies shall revert to the general revenue fund; requiring certain laid off employees be re

hired; repealing conflicting laws; providing severability; providing an effective date; and declaring an emergency.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Tuesday, February 1, 1983, at 1:30 p.m ., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 1:45 p.m. to meet Tuesday, February 1, 1983, at 1:30 p.m.

Seventeenth Legislative DayTuesday, February 1,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Excused: Cate and Luton.—2.


The prayer was offered by Reverend Coleman, the guest of Senator Winn.


The Com m ittee on Executive N om inations has approved the follow ing nom inations:

Ray Goetsch, Midwest City, as a member to the Real Estate Commission, to serve a term of three years ending July 1, 1985, and effective upon Senate confirmation. Ray Goetsch will succeed himself.

Loretta Jackson, Chickasha, as a member to the State Banking Board, to serve a term of six years ending June 1, 1988, and effective upon Senate confirmation. Ms. Jackson will succeed herself.

Scott Ousley, Marlow, as a member to the Board of Regents for the University of Science and Arts of Oklahoma, to serve a term of seven years ending June 30, 1989, and effective upon Senate confirmation. Mr. Ousley will succeed himself.

G.K. Richardson, Henryetta, as a member to the State Mining Board, to serve a term of four years ending April 19, 1986, and effeetive upon Senate confirmation. Mr. Richardson will succeed himself.

J.D. Sapp, Oklahoma City, as a member to the Real Estate Commission, to serve a term of one year ending July 1, 1983, and effective upon Senate confirmation. J.D. Sapp will serve in a new position.

132 Senate Journal

Karen Scheirman, Oklahoma City, as a member to the State Board of Electrology, to serve a term of three years ending May 10, 1985, and effective upon Senate confirmation. Ms. Scheirman will succeed Susan McNeely.

Herman Smith, Oklahoma City, as a member to the Engineers and Land Surveyors Board of Registration, to serve a term of five years ending June 28, 1987, and effective upon Senate confirmation. Mr. Smith will succeed himself.



MESSAGE FROM THE HOUSE CONFERENCE COMMITTEE REPORT

Transmitting the following Bill, together with Conference Committee Report thereon, advising adoption of Conference Committee Report and passage of measure as amended:

HB 1023.

PENDING CONSIDERATION OF CCR

The CCR on HB 1023 was adopted upon motion of Senator Combs.

HB 1023, as amended in Conference, was read at length.


Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Hopkins, Howell, Johnson, Keller, Kilpatrick, Landis, Leonard, McDaniel, McIntyre, Miller, O ’Con

nor, Porter, Randle, Roberts, Rozell, Schue- lein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young. —37.

Nay: Ford, Green, Lamb, McCune, Moore, Pierce, Rhodes, Smith and Wright. — 9 .

Excused: Cate and Luton.—2.


HB 1023, together with the Conference Committee Report thereon, was ordered returned to the Honorable House.

SECOND READING


SB 123 — Education SB 124 — Finance SB 125 — Finance SB 126 — Law Enforcement SB 127 — Law Enforcement SB 128 — Judiciary SB 129 — Law Enforcement SB 130 — Human Resources SB 131 — Law Enforcement SB 132 — Finance SB 133 — Business and Labor SJR 4 — Appropriations HB 1027 — Policy


Advising passage of and transmitting for consideration Engrossed HJR 1001.

HJR 1001 — By Sanders of the House and Capps of the Senate.

A joint resolution relating to game and fish; extending for one year the date on which certain licenses and fees shall no longer be in force and effect; and directing distribution.

Seventeenth Legislative Day, Tuesday, February 1, 1983 133

The above numbered HJR was read the first time.

FIRST READING


SB 134 — By Keller.An act relating to civil procedure; amend

ing Sections 10 and 13, Chapter 198, O.S.L. 1982 (12 O.S. Supp. 1982, Sections 3210 and 3213), which relate to the Discovery Code; limiting the number of interrogatories and requests for admission; allowing judicial discretion; providing procedure for requesting additional interrogatories and requests for admission; and providing an effective date.

SB 135 — By Terrill.An act relating to revenue and taxation;

amending 68 O.S. 1981, Section 2358, as amended by Section 2, Chapter 293, O.S.L. 1982 (68 O.S. Supp. 1982, Section 2358), which relates to Oklahoma taxable income and adjusted gross income; allowing exemption of certain military retirement benefits from taxable income; and providing an effective date.

SB 136 — By Terrill.An act relating to motor vehicles; amend-

ing47 0.S . 1981,Section 172 and Section 7, Chapter 354, O.S.L. 1982 (47 O.S. Supp. 1982, Section 171.1), which relate to regulation of motor carriers; increasing fine; requiring collected fines be deposited in Motor Vehicle Act Enforcement Fund; providing enforcement officers be uniformed; requiring Corporation Commission provide motor vehicles to certain personnel; declaring certain motor carrier enforcement officers be peace officers; allowing Corporation Commission appoint hearing officer; providing an effective date; and declaring an emergency.

SB 137 ^ By Terrill.An act relating to motor vehicles; amend

ing 47 O.S. 1981, Sections 177.2, as amended by Section 5, Chapter 354, O.S.L. 1982 (47 O.S. Supp. 1982, Section 177.2) and177.3, which relate to regulation of motor carriers; requiring private motor carrier obtain license to transport certain deleterious substances; making it unlawful for any motor carrier whether private, common or contract to dump or release deleterious substances except in certain areas or receptacles; repealing Section 17, Chapter 358, O.S.L. 1982 (47 O.S. Supp. 1982, Section 177.2), which relates to permits for transporting deleterious substances; and declaring an emergency.

SB 138 — By Miller and Young.An act relating to roads, bridges and fer

ries; providing short title; stating legislative intent; defining county primary road system; authorizing Transportation Commission to administer certain programs and funds; directing county road branch of Department of Transportation to establish a program to give certain aid to counties; authorizing Transportation Commission to promulgate certain rules and regulations; creating a special County Primary Road Improvement Fund; permitting the use of funds to match federal funds under certain conditions; requiring equitable distribution of certain funds to counties; requiring counties receiving funds to enter into agreement with Department of Transportation; providing for withholding funds from counties in certain instances; permitting use of funds for maintenance activities if approved by Transportation Commission; prohibiting use of funds by counties for right-of-way acquisition or utility relocation; authorizing expenditure of funds for costs and expenses incurred by Department of Transportation; requiring boards of county commissioners to act as a unit; specifying qualification that counties have employed road engineer or supervisor for inclusion in county primary road improvement program; directing that county primary road improve-

134 Senate Journal

merit and county bridge improvement work be coordinated; vesting with board of county commissioners responsibility for county primary road system; requiring boards of county commissioners to designate a county primary road system and limiting inclusive mileage; requiring counties to make a condition inventory of county primary roads; requiring counties to prepare and adopt continuing program of prioritized projects; specifying approval requirements of individual projects; requiring Transportation Commission to award project contracts pursuant to competitive bidding procedures; permitting Transportation Commission to award force account projects to counties under certain conditions; limiting force account cost; requiring county to update condition inventory annually; requiring county to furnish copy of condition update and adopted program to Department of Transportation for approval; requiring Department of Transportation to assist counties to develop condition inventory and program procedures; providing for codification; repealing conflicting laws; providing for severability; and declaring an emergency.

SJR 5 — By Boatner.A joint resolution prohibiting the sale of

school lands unless authorized by an official action of the Commissioners of the Land Office; directing distribution; and declaring an emergency.

SJR 6 — By Pierce of the Senate and Davis (Frank) of the House.

A joint resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 3 of Article V of the Oklahoma Constitution, which relates to initiative and referendum petitions, veto power, elections, effective date, style of bills and duty of the

Legislature; providing any initiative or referendum approved by certain vote shall not be amended by the Legislature for certain period of time unless upon two-thirds vote of both houses; providing for ballot title; and directing filing.

SCR 2 — By Randle.A concurrent resolution authorizing the

Board of Regents of Tulsa Junior College to issue revenue bonds pursuant to Section4002.1 of Title 70; and directing distribution.

COMMITTEE REPORT


DO PASS:

SB 89 — Judiciary, coauthored by Miller, Rozell and Pierce of the Senate and Willis (principal House author), Riggs and Haney of the House.

BILL WITHDRAWN —REREFERRED

Senator Smith asked unanimous consent to withdraw SB 88 from the Calendar and rerefer said bill to the Judiciary Committee, which was the order.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand ad- jouned to convene Wednesday, February 2, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 2:05 p.m. to meet Wednesday, February 2, 1983, at 1:30 p.m.

Eighteenth Legislative DayWednesday, February 2,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young. - ^ 8 .





Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.

Excused: Randle.— 1.


Advising fourth reading of and transmitting for signature Enrolled HB 1023.

The above numbered Enrolled HB was, after fourth reading, properly signed and ordered returned to the Honorable House.

GENERAL ORDER

SB 73 by Shedrick and Stipe of the Senate and Hobson and Anderson of the House was called up for consideration.

Senator Taliaferro moved to amend SB 73, Page 6, Line 16, by adding after the word “ in” and before the word “ the” the words “ one of” and on Line 17, Page 6, by adding the letter “ s” after the word “ form” and

136 Senate Journal

before the colon; Page 6, Line 18, by adding after the words “ Directive to Physicians” the following “ — Form A” ; and Page 11, Line S'A, by adding the following: “ Directive to Physicians — Form B” to read as follows:

“ Directive made this. _ (month, year).

. day o f .

L being of sound mind, willfully and voluntarily make known my desire that my life shall not be artificially prolonged under the circumstances set forth below, and do hereby declare:

1. If at any time I should have an incurable irreversible condition caused by injury, disease or illness certified to be a terminal condition by two physicians, I direct that life-sustaining procedures be withheld or withdrawn and that I be permitted to die naturally. Provided, that application of life- sustaining procedures would serve only to artificially prolong the moment of my death and my attending physician determines that my death is imminent whether or not life- sustaining procedures are utilized;

2. In the absence of my ability to give directions regarding the use of such life- sustaining procedures, it is my intention that my spouse, if living, may order the continuation of such life-sustaining procedures. Such order shall be in writing and shall be signed and dated by my spouse in the presence of two witnesses, who will attest to my spouse’s soundness of mind, and that the order was made voluntarily.

3. If I have been diagnosed as pregnant and that diagnosis is known to my physician, this directive shall have no force or effect during the course of my pregnancy;

4. I have been diagnosed and notified ashaving a terminal condition b y ------------ ,M.D. or D.O., whose address i s ________ ,and whose telephone number is ------------- I

understand that if I have not filled in the physician’s name and address, it shall be presumed that I did not have a terminal condition when I made out this directive;

5. This directive shall be in effect until it is revoked;

6. I understand the full import of this directive and I am emotionally and mentally competent to make this directive; and

7. I understand that I may revoke this directive at any time.

Signed________

City, County and State of Residence _

The declarant has been personally known to me and I believe him or her to be of sound mind. I am not related to the declarant by blood or marriage, nor would I be entitled to any portion of the declarant’s estate upon his or her death, nor am 1 the attending physician of the declarant or an employee of the attending physician or a health care facility in which the declarant is a patient, or a patient in the health care facility in which the declarant is a patient, or any person who has a claim against any portion of the estate of the declarant upon his or her death. DECLARANT DID IN MY PRESENCE STATE HIS DESIRE THAT HIS/HER LIFE SHOULD NOT BE ARTIFICIALLY PROLONGED UNDER THE CIRCUMSTANCES SET FORTH ABOVE AND PERSONALLY ASKED ME TO BEAR WITNESS TO THE SAME.

Witness .

Witness .

State of Oklahoma

County o f ______

Eighteenth Legislative Day, Wednesday, February 2, 1983 137

Before me, the undersigned authority, onthis day personally appeared ________(declarant),________ (witness) and________(witness) whose names are subscribed tothe foregoing instrument in their respective capacities, and, all of said persons being by me duly sworn, the declarant declared to me and to the said witnesses in my presence that said instrument is his or her “ Directive to Physicians” , and that he or she had willingly and voluntarily made and executed it as his or her free act and deed for the purposes therein expressed AND, DID ASK THE ABOVE NAMED INDIVIDUALS TO BEAR WITNESS TO THE SAME.

The foregoing instrument was acknowledged before me th is____day o f _______,19 _ .

Signed_______ ________

Notary Public in and for______County, OklahomaSerial Number______

day o f .My Commission Expires. 19__”

Senator Lamb moved to table the Taliaferro amendment, which tabling motion was declared failed of adoption upon roll call as follows:

Aye: Choate, Cullison, Dahl, Ford, Green, Johnson, Keller, Lamb, Leonard, McCune, O’Connor, Porter, Rhodes, Winn, Wright and Young.— 16.

Nay: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Dawson, Dennis, Giles, Hopkins, Howell, Kilpatrick, Landis, Luton, McDaniel, McIntyre, Miller, Moore, Pierce, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson and York.— 31.

Excused: Smith.— 1.

Senator Taliaferro pressed his motion to adopt his amendment, which motion was declared adopted.

Senator Shedrick moved to amend SB 73, Page 11, Line 5 ‘A, by adding a new Section 4 and renumbering:

“ Section 4. Procedures for natural death in the absence of a declaration.

(A) If a person is comatose and there is no reasonable possibility that he will return to a cognitive sapient state, and:

1. It is determined by the attending physician that the person’s present condition is:

a. terminal; andb. incurable; andc. irreversible; and

2. There is a confirmation in writing of the person’s present condition as set out above by this subsection, by another physician other than the attending physician; and

3. A vital function of the person is being sustained by extraordinary means;

then, extraordinary means may be discontinued in accordance with subsection (B).

(B) If a person ’ s condition has been determined to meet the conditions set forth in subsection (A) and no directive has been executed as provided in Section 3 of this act, the extraordinary means to prolong life may be discontinued upon the direction and under the supervision of the attending physician at the request (i) of the person’s spouse, or (ii) of a guardian of the person, or (iii) of a majority of relatives of the first degree, in that order. If none of the above family members are available then at the discretion of the

138 Senate Journal

attending physician the extraordinary means may be discontinued under the direction and under the supervision of the attending physician.

(C) The discontinuance of such extraordinary means shall not be considered the cause of death for any civil or criminal purpose nor shall it be considered unprofessional conduct. Any person, institution or facility against whom criminal or civil liability is asserted because of conduct in compliance with this section may interpose this section as a defense.” ,

which amendment was declared failed of adoption upon a division of the question.

Senator Shedrick moved that SB 73 be advanced, which motion was declared adopted.

THIRD READING


On question of passage of the bill, the roll call resulted as follows:

Aye: Cain, Cate, Clifton, Combs, Dennis, Hopkins, Howell, Kilpatrick, Luton, McIntyre, Randle, Roberts, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill and York. — 19.

Nay: Boatner, Branch, Capps, Choate, Cullison, Dahl, Dawson, Ford, Giles, Green, Johnson, Keller, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Rozell, Watson, Winn, Wright and Young. —28.


The bill failed.


Pursuant to Rule 12-24 Senator Shedrick moved that the vote be reconsidered whereby SB 73 failed.

GENERAL ORDER

SB 79 by McDaniel of the Senate and Davis (Frank) of the House was called up for consideration.

Senator Howell moved to amend SB 79, Page 2, Line 7, by striking after the word “ state” the balance of the bill and inserting in lieu thereof the following: “ then all such mineral interest shall be held by the state School Land Commission for the use and benefit of school children of the state of Oklahoma and all funds derived from said mineral interest shall be distributed just as income from other minerals owned by the state are distributed.”

Senator Howell asked unanimous consent that SB 79, with the Howell amendment, be laid over for this legislative day, which was the order.

GENERAL ORDER

SB 70 by Combs of the Senate and Barker of the House was called up for consideration.

Senator Combs moved that SB 70 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpat

Eighteenth Legislative Day, Wednesday, February 2, 1983 139

rick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Nay: O ’Connor.— 1.




GENERAL ORDER

SB 89 by Stipe, Miller, Rozell and Pierce of the Senate and Willis, et al, of the House was called up for consideration.

Senator Green asked to be made a coauthor of SB 89, which was the order.

Senator Stipe moved that SB 89 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.




SECOND READING


SB 134 — JudiciarySB 135 — FinanceSB 136 — TransportationSB 137 — General GovernmentSB 138 — AppropriationsSJR 5 — EducationSJR 6 — PolicySCR 2 — FinanceHJR 1001 — Agriculture



HB 1005 — By Brown, Anderson, Barker, Deatherage, Gray, Haney, Henry, Hobson, Koppel, Stottlemyre, Clark, Baker and Williams (Penny) of the House and Watson of the Senate.

An act relating to motor vehicles; requiring use of a child passenger restraint system in certain motor vehicles; providing exceptions; authorizing law enforcement officers to stop certain vehicles and issue warnings; exempting violations from criminal penalties; requiring the Oklahoma Highway Safety Office to develop a program of public education to promote the use of child passenger restraint systems; providing for codification; and providing an effective date.



Advising adoption of and transmitting for consideration Engrossed HCR 1002.

H C R 1002 — By Draper of the House and York of the Senate.

A concurrent resolution adopting the Joint Rules for the Thirty-ninth Legislature.

140 Senate Journal

The above numbered HCR was read the first time.

FIRST READING


SB 139 — By McDaniel.An act relating to crimes and punishments;

repealing Sections 1 and 2, Chapter 187, O.S.L. 1982 (21 O.S. Supp. 1982, Sections 1905 and 1906), which relate to destruction, removal, alteration, coverage and defacement of manufacturer’s serial number on oil and gas related equipment and material, special serial numbers, fees, violations and penalties; and declaring an emergency.

SB 140 — By Keller.An act relating to contracts; defining

terms; requiring motor vehicle manufacturer, agent or dealer to make repairs under warranties; requiring manufacturer to replace motor vehicle or refund full purchase price under certain circumstances; allowing for consumer use when determining amount; providing for affirmative defense; presuming conformity to warranties; providing for no limitation on other rights or remedies available to consumer; allowing for dispute settlement procedures in certain circumstances; providing for codification; and providing an effective date.

SB 141 — By Cain of the Senate and Reimer and Murphy of the House.

An act relating to Oklahoma historical societies and associations; providing short title; stating legislative intent; creating Oklahoma Historic Preservation Review Committee;

providing for membership, qualifications and terms; designating the State Historic Preservation Officer; establishing duties; creating a State Register of Historic Places; providing for codification; and providing an effective date.

COMMITTEE REPORTS


DO PASS:

SB 74 — Education.


SB 13 — Education, coauthored by Adair (principal House author).



Pankhurst, Cecil S., American Agriculture Movement of Oklahoma.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Thursday, February 3, 1983, at 11:00 a.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 3:35 p.m. to meet Thursday, February 3, 1983, at 11:00 a.m.

Nineteenth Legislative DayThursday, February 3,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.— 43.

Excused: Clifton, Randle, Smith, Stipe and Terrill.—5.





Dr. Bob Gengler, Enid, as a m em ber tothe V eterinary M edical Exam iners Board.

Tommy Ray Young, Woodward, as a member to the Oklahoma Horse Racing Commission.


SBs 70 and 89 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.

GENERAL ORDER

SB 77 by Combs of the Senate and Thompson of the House was called up for consideration.

Senator Leonard moved to amend SB 77, Page 60, Line 8, by striking all of Section 13 through Page 63, Line 10, and renumbering subsequent sections, which amendment was declared adopted.

Senator Leonard moved to amend SB 77, Page 63, Line 11, by striking all of Section 14, through Page 66, Line 14, and renumbering subsequent sections, which amendment was declared adopted.


142 Senate Journal

THIRD READING



Aye: Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—37.

Nay: Boatner, Branch, Ford, Johnson and Moore.— 5.

Excused: Clifton, Keller, Randle, Smith, Stipe and Terrill.—-6.



Pursuant to Rule 12-24 Senator Ford moved that the vote be reconsidered whereby SB 77 passed.

SENATE RULES

President Pro Tempore York moved that the temporary Rules of the Senate, as amended on Pages 3 and 4 of the Journal, be adopted as the Rules for the 39th Legislature, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—42.

Excused: Clifton, Keller, Randle, Smith, Stipe and Terrill.—6.

Nineteenth Legislative Day, Thursday, February 3, 1983 143

STANDING RULES

For Conducting Business of the State Senate of Oklahoma

CHAPTER 1

APPLICATION, PURPOSE, INTERPRETATION AND AMENDMENT OF THE RULES

RULE 1-1. APPLICATION. From the time of their adoption by a majority of the members of the Oklahoma State Senate, the following Rules shall be the Rules for the conduct of business by the Senate. All rules laid down in Jefferson’s Manual, as construed and practiced by the United States Senate, are hereby declared to be the governing Rules of the Senate, except wherein they conflict with the Rules herein adopted.

RULE 1-2. PURPOSE. The purpose of the Rules is to provide the members of the Senate with uniform, easily understood procedures for the conduct of business of the Senate, both in its daily and annual sessions, during the interim between annual sessions and in meetings of its committees.

RULE 1-3. INTERPRETATION. The Rules shall be interpreted consistent with the purpose hereinbefore stated. Interpretation of the Rules shall be made by the Presiding Officer, when the Senate is in daily session; by the Chairman, or in his absence the Vice Chairman, of a committee, when a committee is meeting; and at all other times by the President Pro Tempore of the Senate. Such interpretations shall be final unless an appeal of the ruling is made successfully in the following manner:

A. Following the ruling by the Presiding Officer or the Chairman, whichever is appropriate, but before other business is transacted by the Senate or by the committee, a member of the Senate or the committee may appeal the ruling by offering a substitute ruling.

B. Once a motion to adopt a substitute ruling is made, no other business shall be transacted until the motion is disposed of by the Senate or by the committee.

RULE 1-4. AMENDMENT. The Rules may be amended only upon two-thirds vote of the members of the Senate.

RULE 1-5. SUSPENSION. Rules may be suspended upon two-thirds vote of the members of the Senate.

144 Senate Journal

CHAPTER 2

OFFICERS, ELECTION, TERMS, SUCCESSION AND DUTIES

RULE 2-1. OFFICERS. Officers of the Senate shall be:

The President, who shall be the Lieutenant Governor of the State of Oklahoma

The President Pro Tempore

The Majority Floor Leader

Two Assistant Majority Floor Leaders

The Majority Whip

The Minority Floor Leader

The Assistant Minority Floor Leader

The Minority Whip

The Secretary.

RULE 2-2. ELECTION. The President Pro Tempore shall be elected by a majority of the members of the Senate when the Senate convenes on the first Tuesday after the first Monday in January of each odd-numbered year. The Majority Floor Leader, two Assistant Majority Floor Leaders and the Majority Whip shall be designated by the Majority Caucus. The Minority Floor Leader, the Assistant Minority Floor Leader and the Minority Whip shall be designated by the Minority Caucus. The Secretary of the Senate, who shall not be a member of the Senate, shall be elected by a majority of the members following election of the President Pro Tempore and announcement of the aforementioned Majority and Minority officers.

RULE 2-3. TERMS. The terms of all member officers of the Senate shall begin on the first Tuesday after the first Monday in January of each odd-numbered year and shall be for two years; provided, however, that the designee of the Majority Caucus for the office of President Pro Tempore shall assume the duties of that office on the fifteenth (15th) day following the General Election.

RULE 2-4. DUTIES OF THE PRESIDENT PRO TEMPORE. The President Pro Tempore shall be the chief executive officer of the Senate and shall prescribe all policies not otherwise provided by law or by the Rules. He shall serve as Presiding Officer of the Senate during its daily sessions and may designate another member of the Senate to serve as Presiding Officer at such times as he deems appropriate. The President Pro Tempore or his designee shall be responsible for the issuance of all warrants and vouchers and the maintenance of an accurate account of expenditures by the Senate.


CHAPTER 3

PERSONAL STAFF, LEADERSHIP STAFF,SENATE SERVICE STAFF, DUTIES AND COMPENSATION

RULE 3-1. PERSONAL STAFF. Each member of the Senate shall be entitled to designate a personal staff. Such staff employees shall serve at the discretion of, and perform such duties as prescribed by, the individu^ member of the Senate for whom the staff is employed, subject to such policies as may be established by the Standards and Ethics Committee.

RULE 3-2. LEADERSHIP STAFF. The President Pro Tempore shall be entitled to employ a leadership staff. Such staff employees shall serve at the discretion of, for such compensation as may be determined by, and perform such duties as prescribed by the President Pro Tempore.

RULE 3-3. SENATE SERVICE STAFF. The Secretary of the Senate, subject to the review and supervision of the President Pro Tempore, shall be authorized to employ a Senate Service Staff. The Senate Service Staff shall be employed according to policies established by the Secretary of the Senate and shall receive such compensation as may be determined by, and perform such duties as prescribed by the Secretary of the Senate. The Senate Service Staff shall be responsible for the following:

A. Preparation and transmission of all official communications of the Senate.

B. Legislative procedure of the Senate, including the processing of official acts of the Senate, preparation and publication of the Senate Journal and such other publications as deemed appropriate by the Secretary of the Senate, printing of bills and resolutions and maintenance of such other records as are required by the Senate.

C. Dissemination of official Senate information to members of the Senate and the public.

D. The custody and safekeeping of all bills and resolutions, including the accurate engrossment and enrollment thereof.

E. The purchase, maintenance and distribution of such supplies and materials as are required for the Senate’s business.

F. The security, repair and maintenance of the Senate’s property.

G. Services provided to committees of the Senate, including the maintenance of clerical records and performance of reference services.

H. The drafting of legislation.

I. Electronic data processing services.

J. Such other services as may be prescribed by the Secretary of the Senate or the President Pro Tempore.

146 Senate Journal

CHAPTER 4

OPEN RECORDS, MANDATORY AUDIT, PHYSICAL PROPERTY

RULE 4-1. OPEN RECORDS. All official records of the proceedings of the Senate and its committees shall be open for public inspection during regular office hours.

RULE 4-2. MANDATORY AUDIT. The President Pro Tempore shall cause an audit of the Senate’s expenditures to be made at least once each fiscal year. The initial such audit shall be made of the Senate’s expenditures for the fiscal year ending June 30, 1982.

RULE 4-3. PHYSICAL PROPERTY. The President Pro Tempore shall be responsible for the physical property of the Senate and for that portion of the Capitol assigned to the Senate. The Secretary of the Senate, under direction of the President Pro Tempore, shall be authorized to perform routine repairs, maintenance and upkeep on such property and facilities. However, major renovation or purchase of equipment requiring “ substantial expenditure,” as that term is defined by the Committee on Standards and Ethics, shall be approved, in advance, by a majority of the members of the Senate.

RULE 4-4. POSTAGE METER. The President Pro Tempore shall restrict the use of the Senate postage meter to official Senate business. Any question of compliance may be resolved by submission of same by the President Pro Tempore to the Committee on Standards and Ethics.

CHAPTER 5

LEGISLATION, INTRODUCTION, FORM, CONSIDERATION AND RESTRICTIONS

RULE 5-1. LEGISLATION. Legislation to be considered by the Senate shall be limited to Senate Bills, Senate Joint Resolutions, Senate Concurrent Resolutions, Senate Resolutions, House Bills, House Joint Resolutions and House Concurrent Resolutions.

RULE 5-2. INTRODUCTION. Senate Bills, Senate Joint Resolutions, Senate Concurrent Resolutions and Senate Resolutions may be introduced at any time beginning on the 15th day of November each even-numbered year and ending at the time of sine die adjournment of the Second Session during the following even-numbered year. Such legislation may be introduced by presenting same to the Secretary of the Senate, together with as many copies as may be prescribed by the Secretary of the Senate. House Bills, House Joint Resolutions and House Concurrent Resolutions may be introduced upon receipt of a message from the House of Representatives. Each Senate Bill or Resolution shall be assigned a number by the Secretary of the Senate.

RULE 5-3. FORM. No legislation shall be introduced in the Senate, except for House Bills, House Joint Resolutions and House Concurrent Resolutions, unless that legislation shall include a Title and an Enacting or Resolving Clause.


RULE 5-4. CONSIDERATION. All legislation considered by the Senate shall be subject to First Reading, Second Reading, Third Reading and Fourth Reading, as well as consideration by an appropriate committee.

RULE 5-5. RESTRICTIONS. For consideration by the Senate, Senate Concurrent Resolutions, Senate Resolutions and House Concurrent Resolutions shall be limited to the following purposes:

A. Memorializing Congress, the President of the United States, or an executive agencyof the federal government.

B. Communicating with another entity of state government, or a subdivision thereof.

C. Disapproving an administrative rule or regulation.

D. Expressing legislative intent.

E. Expressing policies of the Senate.

RULE 5-6. COAUTHORS. After introduction in the Senate of any bill or resolution, no Senator shall be shown as coauthor on the face of the bill or resolution unless such Senator shall submit a written request to be so shown.

RULE 5-7. COPIES REQUIRED. No legislation shall be considered by the Senate unless each member has been provided a copy of same.

CHAPTER 6

PROPOSALS

RULE 6-1. PROPOSALS. Any member of the Senate may at any time submit in writing to the President Pro Tempore a proposal for study or consideration by the Senate.

CHAPTER 7

COMMITTEES, TYPES, NUMBER, ORGANIZATION, MEMBERSHIP, DUTIES, AUTHORITY AND PROCEDURES

RULE 7-1. TYPES AND NUMBER. There shall be two types of Senate committees, to-wit: standing committees and select committees. There shall be no more than fourteen (14) standing committees, one of which shall be designated as the Policy Committee, one of which shall be designated as the Standards and Ethics Committee and one of which shall be designated as the Executive Nominations Committee. So many of the remainder as are appointed and approved by the Senate shall be designated as legislation committees. There shall be as many select committees as are appointed by the President Pro Tempore. The legislation committees shall be the following: Appropriations, Finance, Judiciary, Law Enforcement, Business and Labor, Education, General Government, Transportation, Human Resources, Natural Resources and Agriculture.

148 Senate Journal

RULE 7-2. ORGANIZATION. The President Pro Tempore may designate as many ad hoc subcommittees of each standing committee as he deems appropriate. He shall appoint the chairman and vice chairman of each standing committee and of each select committee.

RULE 7-3. MEMBERSHIP. Membership on standing committees and on select committees shall be subject to the following:

A. The President Pro Tempore shall appoint, subject to the approval of the Senate, the Majority Caucus members of each standing committee.

B. The Minority Floor Leader shall appoint, subject to the approval of the Senate, the Minority Caucus members of each standing committee.

C. Membership of standing committees shall be approved by a majority vote of members of the Senate.

D. The President Pro Tempore may appoint all members of select committees.

E. The President Pro Tempore and Majority Floor Leader shall each be ex officio and voting members of all Senate committees.

RULE 7-4. DUTIES OF THE POLICY COMMITTEE. The Policy Committee shall determine such external policies of the Senate as may be submitted to it by the President Pro Tempore.

RULE 7-5. DUTIES OF THE STANDARDS AND ETHICS COMMITTEE. The Standards and Ethics Committee shall determine such internal policies of the Senate as may be referred to it by the President Pro Tempore; shall consider legislation concerning ethics of, and conduct by, members of the Senate or employees of the Senate and related matters. Specifically, the Standards and Ethics Committee shall write a Code of Ethics for members of the Senate and shall write a Code of Conduct for members of the Senate. The Code of Ethics and Code of Conduct when approved by a majority of the members of the Senate shall be binding on all members. Furthermore, the Standards and Ethics Committee shall provide, upon the request of any member of the Senate, an interpretation of the Code of Ethics or Code of Conduct as it applies to a specific situation; provided, however, that the identity of the member making the request may be kept confidential, at the discretion of said member.

RULE 7-6. DUTIES OF THE EXECUTIVE NOMINATIONS COMMITTEE. The Executive Nominations Committee shall consider all Executive Nominations submitted to the Senate and shall report its recommendations to the Senate.

RULE 7-7. DUTIES OF LEGISLATION COMMITTEES. Legislation committees shall be responsible for the formulation of legislative programs, initiation of legislation and determination of nonlegislative solutions within the jurisdiction of the committee; shall inquire into the administration and execution of all laws within the same jurisdiction; shall consider such proposals as may be submitted to the committee by the President Pro Tempore; and shall be responsible for the continuing codification of all laws within its jurisdiction.


RULE 7-8. DUTIES OF SELECT COMMITTEES. Select committees shall be responsible for such duties as are prescribed at the time of their formation, said duties to include the time during which such committee shall be in existence. No select committee shall be formed without its duties being expressly stated at the time of its formation. If a select committee is appointed for the purpose of conducting an investigation, the Senator requesting the investigation shall not serve as chairman of the committee.

RULE 7-9. AUTHORITY OF COMMITTEES. Any Senate committee shall be authorized to issue process, compel attendance of witnesses and to administer oaths to any person appearing before any said committee. Any Senate committee which considers legislation shall be empowered to consolidate bills or resolutions, to develop committee substitutes for such bills or resolutions, to amend such bills or resolutions and to develop a committee bill or resolution irrespective of any other legislation.

RULE 7-10. PROCEDURES. The following procedures shall be observed by all legislation committees of the Senate:

A. Subject to such exceptions as are provided hereinafter, committees of the Senate shall comply with provisions of the Oklahoma Open Meeting Act. A copy of all notices required by said Act shall be provided to the Secretary of the Senate, and the Secretary of the Senate shall designate the appropriate place for such notices to be posted. The Secretary shall post one such notice on the bulletin board of the Senate located outside the Senate chamber.

B. The chairman, or in his absence the vice chairman, of a committee shall schedule regularly scheduled, special and emergency meetings of the committees. Special and emergency meetings shall not conflict with a regularly scheduled meeting of any other legislation committee, except with the consent of the President Pro Tempore and the ehairman of the affected eommittee.

C. The agenda for any meeting of a committee shall be set by the chairman and shall be provided to members of the committee and to authors of legislation to be considered by the committee at least twenty-four (24) hours prior to the meeting.

D. A quorum of the committee is required to be present before the committee can transact business. Any member of the committee may request a quorum call at any time the committee is meeting. A number equal to a majority of the regular members of the eommittee shall constitute a quorum.

E. The chairman, or in his absence the vice chairman, of the committee, or his designee, shall preside at meetings of the committee.

F. When considering legislation or conducting other business, the following procedures shall be observed:

1. No person shall address the committee unless he is first recognized by the chairman for that purpose.

2. The Senate author of the legislation shall be recognized for an explanation.

150 Senate Journal

3. The Senate author may answer questions by members of the committee or other persons recognized by the chairman.

4. Amendments to the legislation may be submitted by the Senate author or by members of the committee.

5. Amendments and motions may be adopted by a voice vote; provided, however, that the Senate author, or any member of the committee, may require a roll call vote.

6. Amendments shall be considered in the order they appear in the legislation, or in the order they are presented to the clerk of the committee. The chairman shall resolve any conflict resulting from claimed priority of presentation.

7. The author of an amendment shall explain his amendment and answer questions by members of the committee, the author of the legislation, or other persons recognized by the chairman.

8. The chairman may recognize any person for debate or comment on the proposed legislation or amendments thereto; provided, however, the chairman may limit the amount of time for any such debate or comment.

9. The vote on a recommendation by the committee to the Senate shall be by recorded roll call and shall require a majority vote of a quorum of the members of the committee for passage.

G. A committee may recommend only two reports to the Senate on legislation, the first being DO PASS, and the second being DO PASS, AS AMENDED.

H. Except for legislation containing appropriations, all legislation recommended by a committee to the Senate shall contain a complete Title, an Enacting or Resolving Clause and both a Senate and a House author.

I. Upon approval of a recommendation of DO PASS or DO PASS, AS AMENDED, by the committee, the chairman shall ask unanimous consent that the legislation be placed on the Consent Calendar for the Senate, which shall be the order unless a member of the committee objects.

J. The chairman may assign to any subcommittee any legislation, proposal or inquiry; provided, however, no subcommittee shall be permitted to report directly to the Senate, but rather to the parent committee.

CHAPTER 8

COMMITTEE OF THE WHOLE AND REPORTS

RULE 8-1. COMMITTEE OF THE WHOLE. Without prior notice, the Senate may, by motion, upon being approved by a majority of the members of the Senate, declare itself a Committee of the Whole, at which time the President Pro Tempore or his designee shall


become chairman of said committee. Rules applicable to other Senate committees shall be applied to the Committee of the Whole, except those Rules relating to notice.

RULE 8-2. REPORTS. Once the Committee of the Whole has reported a bill or resolution DO PASS or DO PASS, AS AMENDED, to the Senate, then that bill or resolution shall be considered on Third Reading and shall be voted upon without debate.

CHAPTER 9

REFERRAL OF EXECUTIVE NOMINATIONS

RULE 9-1. REFERRAL OF EXECUTIVE NOMINATIONS. When Executive Nominations shall be made by the Governor to the Senate, said nominations shall be referred for consideration to the Executive Nominations Committee.

CHAPTER 10

PROCEDURES FOR DAILY SESSIONS

RULE 10-1. TIME AND PLACE OF DAILY SESSIONS. On the first Tuesday following the first Monday in January of each year, the Senate shall convene in its chamber on the fourth floor of the Capitol at noon. Thereafter, the Senate shall meet on each Monday, Tuesday, Wednesday and Thursday in the chamber until sine die adjournment. The time of each daily session shall be announced on the preceding legislative day; provided, however, that in the event no such announcement is made, the Senate shall convene at 1 ;30 p.m. Exceptions to the days on which the Senate shall convene may be made upon a majority vote of the members of the Senate.

RULE 10-2. SEATING. The selection of seats of the membership of the Majority Party shall be made on the first day of the First Session of a Legislature and shall be made by the choice of the individual members in the following order: President Pro Tempore, Majority Floor Leader, Assistant Majority Floor Leaders, Majority Whip, Chairman of the Appropriations Committee, Chairman of the Finance Committee and thereafter on the basis of seniority in the Senate; provided, that in cases of equal seniority in the Senate, service in the House of Representatives shall be considered as additional seniority. In the event of equal seniority, preference shall be determined by lot. The members of the Minority Party shall be seated in the same manner in the remaining seats. The President Pro Tempore shall be authorized to make exceptions to the foregoing procedures as he deems necessary.

RULE 10-3. GALLERIES AND HALLWAYS. The President Pro Tempore or his designee shall be empowered to assign seats in the galleries of the Senate and shall be empowered to order the galleries and hallways of the Senate cleared to preserve order or to ensure the safety of the members of the Senate.

RULE 10-4. ATTENDANCE. No business of the Senate shall be conducted without a quorum of its members being in attendance. A majority of the members elected to the Senate shall constitute a quorum. A member of the Senate who is absent from a daily session shall be shown as “ excused.”

152 Senate Journal

RULE 10-5. QUORUM CALL. Any member of the Senate may, at any time, request the Presiding Officer to question the presence of a quorum. Upon such request, the Presiding Officer shall determine whether or not a quorum is present, and no further business shall be conducted until it is determined that a quorum is present.

RULE 10-6. CALL OF THE SENATE. The Senate may, by majority vote of the members present, operate under Call of the Senate, in which case the Presiding Officer shall be empowered to compel the attendance of all members of the Senate and shall be empowered to confine the members of the Senate to the chamber. In such case, any member who fails to attend without being excused unanimously by the other members of the Senate shall be recorded as voting “ NO” on all questions submitted to the Senate.

RULE 10-7. DECORUM. The decorum of members of the Senate and employees of the Senate during the daily sessions of the Senate shall be determined by the Code of Conduct of the Senate and shall be enforced by the Presiding Officer.

RULE 10-8. PERSONAL PRIVILEGE. Personal privilege will be granted to a member of the Senate only to permit such member to respond to a public attack on the rights, integrity or reputation of a member of the Senate, or upon the Senate collectively or any committee or employee of the Senate. Remarks made by a member of the Senate who is granted personal privilege shall be confined to such a response.

RULE 10-9. INTRODUCTIONS. No persons shall be introduced individually in the galleries except that a member of the Senate may introduce members of his family. It shall also be permissible to introduce officials from other states and countries.

RULE 10-10. PRIVILEGES OF THE FLOOR. No person shall be permitted in the Senate chamber during the daily sessions of the Senate except members and former members of the Senate, employees of the Senate, members of the House of Representatives, the Governor and Lieutenant Governor, former Governors and former Lieutenant Governors and any person who is permitted on the floor by a majority vote of those present; provided, however, that the above privileges shall exclude any person registered as a lobbyist under the statutes of Oklahoma.

RULE 10-11. SENATE LOUNGE AND ANTEROOMS. The President Pro Tempore may prescribe policies restricting the use of the Senate lounge and any rooms adjoining the lounge or the Senate chamber.

CHAPTER 11

ORDER OF BUSINESS FOR DAILY SESSIONS

RULE 11-1. ORDER OFBUSINESS. The Order of Business for each daily session of the Senate shall be:

Prayer

Executive Nominations


Consent Calendar

General Order

Third Reading

House Amendments to Senate Bills and Resolutions

Conference Committee Reports

Fourth Reading

Committee Reports

Second Reading

First Reading

Communications

Other Business.

CHAPTER 12

FLOOR PROCEDURES

RULE 12-1. PRESIDING OFFICER’S AUTHORITY. The Presiding Officer shall maintain order in the Senate. No Senator or other person shall be permitted to address the Senate without first having been recognized by the Presiding Officer.

RULE 12-2. ORDER OF CONSIDERATION OF LEGISLATION. The Majority Floor Leader, or his designee, shall determine the order in which legislation is considered by the Senate.

RULE 12-3. CONSENT CALENDAR. Bills and resolutions so designated by committees of the Senate shall be considered on the Consent Calendar of the Senate. Such bills and resolutions shall not be subject to either amendment or debate on the floor of the Senate. Bills or resolutions assigned to the Consent Calendar shall be referred to General Order upon the request of any Senator if such a request is made prior to the time the bill or resolution is advanced.

RULE 12-4. GENERAL ORDER. All bills and resolutions not designated by a committee of the Senate for the Consent Calendar shall be referred to General Order. On General Order, the following procedures shall be observed:

A. Explanation of the bill or resolution by the Senate author.

B. Questions.

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C. Consideration of amendments.

D. Advancement.

RULE 12-5. AMENDMENTS. Amendments to bills or resolutions shall be in writing and shall be considered only on General Order. Amendments shall be considered first in the order in which they appear in the bill or resolution; second, according to the largest sum, greatest number or most distant day for amendments appearing in the same place; and third, in the order in which they are submitted. An amendment can be withdrawn at any time before it is voted upon by the author of the amendment. Once an amendment is read, it shall be explained by its author, who shall then answer questions concerning the amendment. If the author of the amendment is not in attendance at the time an amendment is read, then the amendment shall be considered withdrawn unless another member of the Senate wishes to be a coauthor of the amendment.

RULE 12-6. SUBSTITUTE AMENDMENTS. Only one substitute amendment may be considered for any amendment to any bill or resolution. Once read, the same provisions applicable to the original amendment shall apply to the substitute amendment. If the substitute amendment is successful, then the original amendment shall be rendered moot. If the substitute amendment is unsuccessful, then the original amendment shall be considered by the Senate. There shall be no in lieu amendment to any amendment or substitute amendment.

RULE 12-7. ADV ANCEMENT. Once a motion to advance has been adopted, then the bill or resolution shall be considered engrossed and on Third Reading.

RULE 12-8. THIRD READING. Upon Third Reading of a bill or resolution, the Senate shall not consider amendments, but shall debate passage of the bill or resolution and then shall vote upon passage.

RULE 12-9. HOUSE AMENDMENTS. Upon receipt of House amendments to Senate bills or resolutions, the Senate author shall make a motion either to accept the amendments, in which case a successful vote on the motion shall automatically advance the bill to Fourth Reading and final passage, or to reject the amendments and request a conference with the House.

RULE 12-10. CONFERENCE COMMITTEES. The President Pro Tempore shall appoint members of the Senate to serve on conference committees with members of the House of Representatives at such times and in such numbers as he deems appropriate.

RULE 12-11. CONFERENCE COMMITTEE REPORTS. Conference Committee Reports shall be considered by the Senate only when a majority of the Senate conferees and a majority of the House conferees sign such report and only when the report is limited to matters in disagreement between the two houses or matters germane to the bill or resolution. If the Senate adopts a Conference Committee Report, then the bill or resolution is before the Senate for Fourth Reading and final passage. If the Senate rejects a Conference Committee Report, then the bill or resolution shall be returned to the conference committee. Upon a report by the Senate conferees that the conferees cannot agree, then the bill or resolution will revert to its former status of consideration of House Amendments to Senate Bills or Resolutions.


RULE 12-12. FOURTH READING. Upon Fourth Reading of a bill or resolution, debate shall be in order on final passage of the bill or resolution, after which the vote shall occur on final passage. After final passage of a bill or resolution, it shall be signed by the Presiding Officer in open session.

RULE 12-13. COMMITTEE REPORTS ON LEGISLATION. Committee reports on legislation shall be considered adopted by the Senate when read and shall thereafter be placed either on the Consent Calendar or on General Order.

RULE 12-14. COMMITTEE REPORTS ON EXECUTIVE NOMINATIONS. Committee reports on Executive Nominations shall be adopted by a majority of the members of the Senate.

RULE 12-15. OTHER COMMITTEE REPORTS. Committee reports neither on legislation nor on Executive Nominations shall be filed with the Secretary of the Senate, explained by the chairman of the committee making the report and shall not require further action by the Senate, unless such action is called for in the report.

RULE 12-16. SECOND READING. Upon Second Reading of a bill or resolution, the same shall be assigned for committee consideration by the Presiding Officer. All bills carrying appropriations which are referred to any committee other than the Appropriations Committee shall, immediately upon a report by the committee to which referred, be referred to the Appropriations Committee.

RULE 12-17. FIRST READING. A bill or resolution shall be considered introduced upon First Reading and shall automatically be advanced to Second Reading.

RULE 12-18. DEBATE. When a question subject to debate is before the Senate, a motion to limit the time for debate shall be in order, even if debate already has begun. Said motion shall fix the time limits to be allowed for and against the motion, provided that in no case shall the total debate allotted to each side be less than one-half hour. If such motion is successful, then the Presiding Officer shall cause the time limits to be enforced and shall divide the time equally for each side of the question. If the motion is once rejected on a question being debated, it can only then be adopted with the approval of two-thirds of those voting.

RULE 12-19. ADJOURNMENT. A motion to adjourn shall always be in order except when the motion shall have been the last voted on and no business transacted thereafter.

RULE 12-20. AFTER ADOPTION OF MOTION TO ADJOURN. Once a motion to adjourn when the desk is clear has been adopted, then no motion shall be considered from the floor of the Senate, whether by unanimous consent or otherwise.

RULE 12-21. SINE DIE ADJOURNMENT. The date and time of sine die adjournment of the Senate shall be fixed by motion or resolution; provided, that once the date and time of such sine die adjournment has arrived, no further business shall be conducted by the Senate, and the Presiding Officer shall declare the Senate adjourned sine die.

RULE 12-22. CORRECTION OF LANGUAGE. The Secretary of the Senate shall, at the direction of the President Pro Tempore and with the approval of the Senate author, have the

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authority to correct nonsubstantive errors in the language of any bill or resolution at the time the same is engrossed or enrolled. A detailed record of all such corrections shall be maintained by the Secretary and printed in the Journal. The Title of a bill or resolution shall be made to conform to the text, unless the same has been ordered crippled. The Enacting Clause shall be a part of every bill unless the same shall have been ordered stricken. A member of the Senate shall be designated by the President Pro Tempore to verify the correct engrossment and enrollment of legislation.

RULE 12-23. WITHDRAWAL FROM COMMITTEE. Any bill or resolution may be withdrawn from any committee of the Senate upon a two-thirds vote of the members of the Senate. Any bill or resolution so withdrawn shall be considered on General Order.

RULE 12-24. RECONSIDERATION. The final vote on Third Reading or Fourth Reading of any bill or joint resolution may be reconsidered only if a member of the Senate serves notice on the same day such final vote is taken. Once such notice is served, the following procedures shall be observed;

A. In anticipation of the closing days of a regular session, a majority of the members of the Senate may vote that all such motions to reconsider made thereafter shall be disposed of on the same day such notice is served.

B . Except as heretofore provided, the member serving notice for reconsideration of the passage or failure of a bill or resolution shall not be permitted to make the motion to reconsider on the day notice is served, but shall have the exclusive right to make such a motion on the next two succeeding legislative days; provided, that on the third succeeding legislative day, any member of the Senate shall have the right to make such a motion. If no such motion is made on the third succeeding legislative day, then no reconsideration shall be permitted.

C. If the Senate refuses to reconsider, or, if upon reconsideration, shall affirm the first decision, no further consideration shall be in order, except by a two-thirds majority vote of those elected to and constituting the Senate.

D. For adoption, a motion to reconsider the final vote on a bill or resolution must be approved by a majority of the members of the Senate.

E. A motion to reconsider any other action by the Senate must be made by a Senator who voted in the majority and shall be disposed of on the same day it is lodged. The motion to reconsider shall be decided by a majority of those voting on the question.

RULE 12-25. OVERRIDES OF VETOES. When a bill or resolution is returned to the Senate because of veto by the Governor, a motion to vote to override the veto shall be in order at any time.

CHAPTER 13

MOTIONS

RULE 13-1. ORDER OF PRIORITY. Motions shall be considered in the following order of priority:


A. To adjourn to a time certain.

B. To adjourn.

C. Substitute ruling motion.

D. To recess.

E. To operate under Call of the Senate.

F. To limit debate.

G. To advance.

H. To suspend the Rules.

L To commit to a committee without instructions.

J. To commit to a committee with instructions.

K. To amend.

RULE 13-2. DEBATE. Debate shall be in order on all motions, except the following:


B. To adjourn.

C. To recess.

D. To operate under Call of the Senate.

E. To limit debate.

F. To advance.

G. To commit to a committee without instructions.

H. To table.

I. To suspend the Rules.

RULE 13-3. MOTIONS TO TABLE. Motions to table shall be in order for all motions except the following:


B. To adjourn.

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C. To recess.

D. To operate under Call of the Senate.

E. To limit debate.

F. To advance.

RULE 13-4. PRECEDENCE. Motions to table shall take precedence over the original motion. If successful, a motion to table shall constitute a final disposition of the original motion.

RULE 13-5. PRIORITY OF MOTIONS NOT ENUMERATED. Except for those motions otherwise enumerated by priority, all motions shall have equal priority and shall be considered in the order made, or in the order placed on the clerk’s desk.

RULE 13-6. WRITTEN MOTIONS. The Presiding Officer may require any motion to be placed in writing upon the clerk’s desk.

RULE 13-7. SUBSTITUTE MOTIONS. Only one substitute motion for a motion of equal priority shall be considered. If the substitute motion fails, the original motion shall be disposed of before another motion of the same priority can be considered.

RULE 13-8. VOTE REQUIRED. Unless otherwise provided, a motion shall be declared adopted if it is approved by a majority of the members present and voting thereon.

CHAPTER 14

VOTING

RULE 14-1. MANNER OF VOTING. All votes of the Senate shall be by voice vote, division or roll call vote subject to the following:

A. The voting machine shall be used to record the vote whenever a roll call vote is taken on any question. The machine shall also be used to determine the presence or absence of a quorum. In the event the machine is not operating properly, all roll call votes and determinations of quorums may be taken by calling the roll.

The voting machine shall be under the control of the Presiding Officer and shall be operated by such clerk as the Presiding Officer shall direct.

B. During any roll call, every Senator present shall vote. During said roll call the Presiding Officer shall request every Senator in the chamber who has not voted to vote. If any Senator so requested fails to vote, the Presiding Officer shall, upon declaring the roll, order that said Senator be shown as voting “ NO” on the question. Said order shall be printed in the Journal directly following the printing of the results of the roll call as reflected by the voting machine and said “ NO” vote shall be included in the determination of the passage or failure of the question. In all other cases, a Senator who fails to vote shall be shown as “ excused” in the Journal.


C. On any question for which a roll call vote is not required, a roll call vote shall be in order only if same is requested before the question is put. Once the question has been put and a voice vote taken, the Presiding Officer shall state the side that appears to such Presiding Officer to have prevailed, and any member then may request a division, but shall not be entitled to request a roll call vote. Upon declaration of the vote, such declaration shall be final.

D. No Senator shall be permitted to vote or change his vote after the result shall have been announced by the Presiding Officer.

E. If a member’s voting machine is inoperative, he shall rise and advise the Presiding Officer of the malfunction. In such event the Senator will be permitted to verbally declare his vote on the question and the vote will then be recorded by the clerk.

F. When a division is called for, those voting in the affirmative shall rise at their seats and remain standing until counted; then those voting in the negative shall rise and stand until they are counted, whereupon the Presiding Officer shall declare the result.

CHAPTER 15

LOBBYISTS, PRESS

RULE 15-1. LOBBYISTS. All lobbying activities in the Senate shall be governed and regulated by statute and by the Rules of the Senate.

RULE 15-2. PRESS. The Secretary of the Senate, at the direction of the President Pro Tempore, may issue credentials to members of the press and may limit access to the Press Gallery to those members of the press holding such credentials.

CODE OF ETHICS AND CODE OF CONDUCT

Senator Boatner moved that the Code of Ethics and the Code of Conduct approved in the 38th Legislature be adopted for the 39th Legislature, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Daw

son, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—42.

Excused; Clifton, Keller, Randle, Smith, Stipe and Terrill.—-6.


A CODE OF ETHICS FOR THE OKLAHOMA STATE SENATE

ARTICLE I

STATEMENT OF PURPOSE

The Senate finds and declares that high moral and ethical standards among public servants are essential to the orderly conduct of a free government; that a code of ethics for the guidance of public officers and employees is necessary in order to eliminate conflicts of interest in public office, improve standards of public service, and promote and strengthen the faith and confidence of the people in their government.

All Senators before entering upon the duties of their offices, according to Article XV, Section 1 of the Constitution of the State of Oklahoma, are required to take and subscribe tothe following oath or affirmation: “ I , ............... do solemnly swear (or affirm) that I willsupport, obey, and defend the Constitution of the United States, and the Constitution of the State of Oklahoma, and that I will not, knowingly, receive, directly or indirectly, any money or other valuable thing, for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law; I further swear (or affirm) that I will faithfully discharge my duties as Senator to the best of my ability.”

The Senate also recognizes that, in Oklahoma, service in the Senate is not a full-time occupation and is not compensated on that basis with the result that Senators must look to income from sources other than their senatorial salaries and allowances to feed, shelter and clothe themselves and their families. That being true, conflicts of interest of varying degrees may occur from time to time for even the most careful and conscientious Senator as a part-time public official. It is, therefore, the purpose of this Code of Ethics for the Oklahoma State Senate to set reasonable and practicable standards and guidelines governing the conduct of Senators that will assure this body of attracting to it men and women of high integrity, character and dedication and yet not so stringent and restrictive as to limit service herein only to the very poor or the very wealthy.

ARTICLE II

STATUTORY REQUIREMENTS

SECTION I. Title 74 of the Oklahoma Statutes, Section 1409, provides as follows:

No Legislator shall

(a) Introduce, promote or vote for any proposed special interest legislation on his own behalf, or on behalf of any other person, corporation, partnership, trust or business entity which directly affects such Legislator or in which such Legislator has or may have any substantial financial interests other than legislation affecting legislative salaries, expenses and allowances; provided, that this provision shall not preclude a Legislator from introducing, promoting or voting for any proposed general legislation which directly affects him or in which he has or may have any substantial financial interest;


(b) Directly or indirectly accept or request any compensation, gift, loan, entertainment, favor, or service given for the purpose of influencing such Legislator in the discharge of his official duties. Provided, however, that this section shall not apply to bona fide campaign contributions;

(c) Use his official position to secure special privileges, exemptions or compensation for himself, except as may be provided by law;

(d) Disclose confidential information acquired by reason of his official position to any person, group, or others not entitled to receive such confidential information, nor shall he use such information for his personal gain or benefit;

(e) Sell or cause to be sold, either as an individual or through any business enterprise in which he holds a substantial financial interest, goods or services to any state agency unless the contract is awarded pursuant to statutes of the State of Oklahoma;

(f) Receive any compensation for his services as a Legislator from any source other than the State of Oklahoma, unless otherwise provided by law;

(g) Accept other employment which would impair his independence of judgment in the performance of his public duties;

(h) Receive or agree to receive compensation for representing or assisting any person or business in any transaction involving the state; provided, this subsection shall not apply to representation of a person or business when such representation requires the Legislator to possess a special license, permit, or technical knowledge to properly represent the person or business. This act shall not be interpreted to prevent an attorney to appear in behalf of his client in any court, board or commission; or

(i) Be employed by or receive any commission, fee, or compensation from the state, except the compensation and allowance for expenses provided by law to a Legislator.

Nothing in this section shall prohibit a Legislator from representing or assisting a person or business in any matter before an administrative or judicial body of the state when the matter merely involves a proceeding by a person or business against another person or business.

When a Senator is in doubt as to the applieation of this statute to himself, he may submit to the Attorney General a fully written statement of the facts and questions he may have. The Attorney General shall then render an opinion to the Senator and may publish these opinions, or abstracts thereof, with the name of the Senator advised, unless the Senator requests otherwise in writing. In addition. Senate Rule 7-5 states that the Committee on Standards and Ethics shall provide, upon the request of any member of the Senate, an interpretation of the Code of Ethics or Code of Conduct as it applies to a specifie situation. The identity of the member making the request may be kept confidential, at the discretion of the member.

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ARTICLE III

CAMPAIGN FINANCES

SECTION 1. Senators shall be careful and diligent in complying with requirements of the general law of the state regulating campaign financial disclosures, as contained in Article XV of Title 26 of the Oklahoma Statutes.

ARTICLE IV

SENATE COMMITTEE ON STANDARDS AND ETHICS

SECTION 1. The committees shall have the authority to consider complaints concerning alleged violations of the Code of Ethics or statutes governing senatorial ethics or conduct and to investigate such complaints and hold hearings as authorized by the President Pro Tempore. Any member who feels that the ethics of the Senate are being violated by either a member of the Senate or the staff should seek redress by submitting a complaint concerning the violation to the President Pro Tempore. Before the committee exercises any of the authority granted in this section with respect to any investigation or hearing it shall, by majority vote of the whole membership of the committee, define the nature and scope of its inquiry. AU proceedings before the committee concerning alleged violations of the Code of Ethics or statutes governing senatorial ethics or conduct shall be conducted in executive session.

SECTION 2. Complaints must be in writing, signed by the person making the complaint, stating all available facts, under oath, or affirmation, which oath or affirmation must be taken personally before the chairman or any member of the Senate Committee on Standards and Ethics. Any complaint so filed shall be deemed confidential, until such time as the Committee has held a meeting for the purpose of investigating the complaint and said complaint shall remain confidential if the Committee seeks further information thereon, and if the Committee at the conclusion of its preliminary investigation concludes that said complaint was false and groundless the matter shall be closed. If, after the initial investigation, a majority of the committee determines that there is probable cause to believe that a violation of the Code of Ethics or of a statute governing senatorial ethics or conduct might have occurred, a copy of the complaint and a further statement of the alleged violation shall be served upon the alleged violator. He or she shall have twenty (20) days after service thereof to respond in writing to the complaint and statement. If any information or complaint which is required by this Code to remain confidential is disclosed, the committee, at its discretion, may refuse to consider the matter further.

SECTION 3. The Senate Committee on Standards and Ethics shall be clothed with all the powers granted to investigating committees generally by the Oklahoma Statutes, and any person who, having been served with a subpoena to appear before the committee, willfully fails to appear, or who, having appeared, willfully refuses to answer questions of the committee or produce any papers, documents, records, or other items of evidence called for by the committee, or who discloses any information which is required by this code to remain confidential, is guilty of contempt and is punishable as provided by the Oklahoma Statutes. Further, any person who willfully swears or affirms falsely in any material manner, in respect to any matter under inquiry by the committee, upon oath or affirmation, to the complaint or in


giving testimony, or who produces false evidence, is guilty of perjury and is punishable as provided in the Oklahoma Statutes. Further, any person who willfully evades the service of a subpoena by the committee is punishable as provided by the Oklahoma Statutes.

STANDARDS: According to Black’s Law Dictionary, the definition of “ Standards” is “ Stability, general recognition, and conformity to established practice. A type, model, or combination of elements accepted as correct or perfect.”

CODE OF CONDUCT AND STANDARDS FOR MEMBERS OF THE SENATE AND STAFF

1. Coat and tie shall be worn by male members, and a dress or pants suit by female members in the chamber during sessions of the Senate.

2. Each Senator is personally responsible for his or her own staff. All other staff members of the Senate are under the authority of the Secretary of the Senate. Complaints pertaining to employees, either personal staff or Senate staff, should be made to the proper authority rather than to the individual.

3. (a) On the floor during session and in committee, members should endeavor to be congenial and complimentary. Members should avoid personal attacks and dealing in personalities, (b) During public occasions away from the Capitol, members should endeavor to keep personalities out of their discussions and deal with programs, not personalities.

4. The consumption of alcohol is forbidden in the chamber, and any member who is in the chamber in an intoxicated state will be removed by security personnel.

5. It is beneath the dignity of the Senate for members to consume food products such as sandwiches or ice cream bars, in the chamber.

6. Members of the Senate should continually conduct themselves in accordance with the standards which will reflect credit upon themselves and the Senate. It is beneath the dignity of the Senate for a member to sit upon a desk, or to place his feet upon a desk in the chamber.

7. While a Senator is speaking, no Senator should enter into any disturbing private conversation or pass between the speaking Senator and the Presiding Officer. Profane, obscene, or indecent language is discouraged in the Senate and in all standing or special committees of the Senate.

8. A Senator shall address other members with the title “ Senator” when addressing one another during formal Senate proceedings either on the floor of the Senate or in committee.

9. The Presiding Officer may direct a designated Senate employee to activate his roll call switch. No member shall be permitted to vote on any question unless said member is physically present in the chamber at the time the vote is taken.

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10. The President Pro Tempore (or the Majority Floor Leader) shall designate those Senate employees who shall be granted privileges of the floor during any session of the Senate, said employees to be limited to those whose work requires their presence.

Any member desiring to bring a guest to the floor of the Senate shall first notify the Majority Floor Leader. No such guest shall enter the chamber until privileges of the floor have been granted pursuant to Rule 10-10.

11. No person other than a member of the Senate shall cause materials to be distributed on each desk in the Senate chamber without first having obtained approval by the Majority Floor Leader. The sponsoring senator will be identified.

12. The Director of Services and Security or his designees act as Sergeant-at-Arms for the Senate and shall have responsibility of serving legal processes and enforcing Rules and policies of the Senate.

13. Any member who feels that the standards of the Senate are being violated by either a member of the Senate or the staff should seek redress by submitting a complaint to the President Pro Tempore concerning the violation. The President Pro Tempore may refer the complaint to the Senate Committee on Standards and Ethics.


Senator York asked unanimous consent to suspend Rule 5-4 and refer H C R 1002 direct to the Calendar, which was the order.

GENERAL ORDER

HCR 1002 by Draper of the House and York of the Senate was called up for consideration.

HCR 1002 was adopted upon motion of Senator York, the roll call thereon being as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Daw

son, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—42.

Excused: Clifton, Keller, Randle, Smith, Stipe and Terrill.—6.

HCR 1002 was properly signed and ordered returned to the Honorable House.

JOINT RULES

The Joint Rules for the Thirty-ninth Legislature, adopted by HCR 1002, are as follows:


JOINT RULESof the

Senate and House of Representatives Thirty-ninth Legislature of Oklahoma

RULE 1JOINT SESSION — HOW CONVENED

When any business shall require a Joint Session of the Senate and House of Representatives, the Senate, preceded by its officers, shall be conducted into the Chamber of the House and there be seated, the President of the Senate taking a seat by the side of the Speaker of the House, at his right.

RULE 2OFFICERS OF JOINT SESSION

The President of the Senate shall be the Presiding Officer of the Joint Session and the Secretary of the Senate shall call the roll of the Senate, to be announced by the President of the Senate. The Clerk of the House shall call the roll of the House, which shall be announced by the Speaker of the House. Both the Secretary of the Senate and the Clerk of the House shall keep a report of the proceedings to be entered in the Journals of their respective houses.

RULE 3MANNER OF PRESENTING BILLS AND OTHER MEASURES

All bills, resolutions, votes, and amendments by either house, to which the concurrence of both is necessary, as well as messages, shall be presented to the other by the Clerk or Secretary of the house from which they are sent; or by the Assistant Secretary or Assistant Clerk, or by messengers.

RULE 4REVENUE BILLS ORIGINATE IN HOUSE

All bills for raising revenue shall originate in the House. The Senate may propose amendments to revenue bills. No revenue bill shall be passed during the last five (5) days of the session. (Art. V, Section 33, Oklahoma Constitution)

RULE 5CONTENTS OF BILLS

Every act of the Legislature shall embrace but one subject, which shall be clearly expressed in its title, except general appropriation bills, general revenue bills, and bills adopting a code, digest, or revision of statutes; and no law shall be revived, amended, or the provisions thereof extended or conferred, by reference to its title only; but so much thereof as is revived, amended, extended, or conferred shall be reenacted and published at length; provided, that if any subject be embraced in any act contrary to the provisions of this Rule, such act shall be void only as to so much of the law as may not be expressed in the title thereof. (Art. V, Section 57, Oklahoma Constitution)

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RULE 6 ENGROSSMENT OF BILLS AND RESOLUTIONS

All bills and resolutions ordered to be engrossed shall be engrossed by the house in which the same originated.

RULE?ENROLLMENT OF BILLS AND JOINT RESOLUTIONS

All bills and joint resolutions must be enrolled and reported to each house by the respective house within three (3) days after their final passage; provided, however, that if notice is served to reconsider the final passage of any bill or joint resolution in either house prior to its presentation to the Governor, the respective house shall hold the same until disposition of said reconsideration.

RULESMANNER OF ENROLLMENT

No bill or joint resolution shall be sent to the Governor for his approval unless the same shall have been clearly and fairly enrolled without obliteration or interlineation.

RULE 9SIGNING OF BILLS AND JOINT RESOLUTIONS

The Presiding Officer of each house shall, in the presence of the house over which he presides, sign all bills and joint resolutions passed by the Legislature, immediately after the same shall have been publicly read at length, and the fact of the reading and signing shall be entered upon the Journal, but the reading at length may be dispensed with by a two-thirds (%) vote of a quorum present, which vote, by yeas and nays, shall also be entered upon the Journal. (Art. V, Section 35, Oklahoma Constitution)

RULE 10CONFERENCE COMMITTEE

(a) When a bill or resolution is returned by either house to the other with amendments, and the house where the bill or resolution originated refuses to concur in said amendments, a Conference, by a majority vote of those present and voting, may be requested. Such action shall be transmitted by Message in which shall be included the names of the conferees on the part of the requesting house. Upon receipt of such Message, the other house may, in like manner, grant such Conference, notifying the requesting house by Message and stating the names of its conferees.

(b) A Conference Committee shall consist of three (3) members of the Senate and three (3) members of the House, unless otherwise specified, to be appointed by the President Pro Tempore of the Senate and the Sp>eaker of the House, respectively. In all cases, the first-named member of the house in which the bill or resolution originated shall be chairman of the Conference Committee. The Committee shall meet at a convenient time, to be established by the chairman.

Nineteenth Legislative Day, Thursday, February 3,1983 167

(c) No Conference Committee shall proceed with its business until such time as a quorum of each committee is present and any member of said Committee may request a roll call at any time to determine the presence of a quorum. The roll call of the Conference Committee shall be from the printed Journals of the respective houses, or from an official list furnished by the Presiding Officer of the respective houses.

(d) Only matters in disagreement between the two (2) houses, or matters germane to the bill or resolution, shall be subject to consideration by the Conference Committee and a Conference Committee Report shall not be subject to amendment.

(e) In case of agreement by a majority of the members of each house, the Conference Committee Report shall first be made, with the papers referred accompanying it, to the house which refused to concur in amendments, and there acted upon, the action taken to be immediately reported, by Message, by the Secretary or the Clerk to the other house, the papers referred accompanying the Message. The Conference Committee Report shall be signed by all members of the Committee or by a majority of those of each house.

(f) In the event of the failure of either house to adopt the Conference Committee Report, the bill or resolution as reported by the Conference Committee shall remain with the house where the failure to adopt occurred and that house may, at any time thereafter, request further conference and the original or new conferees shall be appointed for the further consideration of amendments.

(g) In case the conferees of the two (2) houses are unable to agree they shall report that fact to both houses, and the bill shall accompany the report to the house in which it originated. The bill shall revert to the status it occupied before being sent to Conference Committee.

(h) Neither house shall consider in either session of the current Legislature any Conference Committee Report that has been altered in any manner after being signed by the members of the Conference Committee. Any such altered Report shall be irrunediately returned to the Conference Committee from which it came. It shall be the duty of the Presiding Officer of each house to enforce this Rule, regardless of whether or not a point of order is raised by a member.

RULE 11ANNOUNCEMENT OF MESSAGE

Messages between the houses are to be sent only while the receiving house is sitting.

RULE 12ADOPTION AND AMENDMENTS OF JOINT RULES; VIOLATIONS

(a) Joint Rules shall be adopted in Joint Session by a majority vote of the membership of each house, or such Rules may be adopted by a concurrent resolution by a majority vote of the membership of each house. Thereafter said Rules may be amended, modified, or repealed only by the adoption of a concurrent resolution by a two-thirds (Vs) vote of the membership of each house.

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(b) If either house violates a Joint Rule, a point of order may be raised in the other house, and decided in the same manner as in the case of violation of the Rules of such house. If it is decided that the Joint Rules have been violated, the bill or resolution involved in that violation shall be returned to the house wherein the alleged violation occurred without further action.

(c) Except for violation of a Joint Rule, any bill or resolution passed by one house and transmitted to the second house shall be deemed properly before said second house for consideration.

RULE 13APPROPRIATION BILLS PRIVILEGED

Appropriation bills shall be privileged bills advanced upon the Calendar of both houses and take precedence over all other bills.

RULE 14AMENDMENT OF BILLS OR RESOLUTIONS

Bills or resolutions under consideration must not be interlined or defaced. All amendments offered must be in writing, upon a separate sheet of paper, showing whether House or Senate bill, the number, and the section, line and page, or word, where the amendment begins shall be particularly noted, also the part stricken out, if any. A typewritten copy of all amendments which are adopted shall be attached to the original bill and transmitted to the other house.

RULE 15COAUTHORS OF BILLS AND RESOLUTIONS

The addition of names, as coauthors, to any bill or resolution, by either house, shall not require the concurrence of the other; provided, however, if said name offered as a coauthor shall represent a member of the other house, then and in that event it shall require the request in writing by the member. The addition of coauthors shall not constitute an amendment to a bill or resolution.

RULE 16DESIGNATION OF REGULAR SESSIONS

The regular session of the Legislature which convened in January, 1967, shall be designated as the “ First Regular Session of the Thirty-first Oklahoma Legislature,” and each Legislature subsequently convening in odd-numbered years shall be designated as the next consecutively-numbered Legislature. Beginning with the session convening in 1968, regular sessions convening in even-numbered years shall be designated as the “ Second Regular Session of the . . . (same number as for the immediate prior regular session) Oklahoma Legislature” .

RULE 17LEGISLATIVE PROCEDURE SCHEDULE

(a) The First Regular Session of each Legislature shall adhere to the following rules:

1. The First Regular Session of each Legislature shall convene on the first Tuesday after the first Monday in January.

\


2. No deadlines shall be established for requesting the drafting of bills or joint resolutions, nor for their introduction during the First Regular Session, nor for reporting bills or joint resolutions from committee, except as provided in subsections 3, 4 and 6 below.

3. The 27th legislative day shall be the final date for introduction of bills and joint resolutions for consideration on the floor in the house of origin during the First Regular Session. Bills and joint resolutions subsequently introduced, if reported from committee, shall not be placed on the Calendar for consideration in said house until the first day of the Second Regular Session.

4. The 35th legislative day shall be the final date for reporting bills and joint resolutions from committee in the house of origin, and the committee report must be properly filed in said house within one (1) legislative day thereafter, in order for the bill or joint resolution to be placed on the Calendar for consideration in said house during the First Regular Session. Bills and joint resolutions subsequently reported from committee shall not be placed on the Calendar for consideration in said house until the first day of the Second Regular Session.

5. The 47th legislative day shall be the final date for third reading and final passage of a bill or joint resolution in the house of origin.

6. The 59th legislative day shall be the final date for reporting bills and joint resolutions from committee in the house opposite the house of origin, and the committee report must be properly filed in said house within one (1) legislative day thereafter, in order for the bill or joint resolution to be placed on the Calendar for consideration in said house during the First Regular Session. Bills and joint resolutions subsequently reported from committee shall not be placed on the Calendar for consideration in said house until the first day of the Second Regular Session.

7. The 71 St legislative day shall be the final date for third reading and final passage of a bill or joint resolution in the house opposite the house of origin.

8. Upon a two-thirds (%) vote of the membership of either house, a bill or joint resolution can be introduced and will be exempt from all cutoff dates in the house of origin.

9. Upon a two-thirds (%) vote of the membership of both houses, a bill or joint resolution can be exempt from all cutoff dates in both houses.

(b) The Second Regular Session of each Legislature shall adhere to the following rules:

1. The Second Regular Session of each Legislature shall convene on the first Tuesday after the first Monday in January.

2. The 11th legislative day shall be the final date for requesting the drafting of bills and joint resolutions for introduction.

3. The 19th legislative day shall be the final date for the introduction of bills and joint resolutions.

170 Senate Journal

4. The 27th legislative day shall be the final date for reporting bills and joint resolutions from committee in the house of origin, and the committee report must be properly filed in said house within one (1) legislative day thereafter, in order for the bill or joint resolution to be placed on the Calendar for consideration in said house.

5. The 35th legislative day shall be the final date for third reading and final passage of a bill or joint resolution in the house of origin.

6. The 43rd legislative day shall be the final date for reporting bills and joint resolutions from committee in the house opposite the house of origin, and the committee report must be properly filed in said house within one (1) legislative day thereafter, in order for the bill or joint resolution to be placed on the Calendar for consideration in said house.

7. The 51 St legislative day shall be the final date for third reading and final passage of a bill or joint resolution in the house opposite the house of origin.

8. Upon a two-thirds (%) vote of the membership of either house, a bill or joint resolution can be introduced and will be exempt from all cutoff dates in the house of origin.

9. Upon a two-thirds (%) vote of the membership of both houses, a bill or joint resolution can be exempt from all cutoff dates in both houses.

(c) This Rule shall be inapplicable to any House or Senate bill dealing with reapportionment of legislative or congressional districts.

RULE 18PENDING LEGISLATION AT ADJOURNMENT

OF FIRST REGULAR SESSION

(a) Any bill or joint resolution pending in the Legislature at the final adjournment of the First Regular Session of a Legislature shall carry over to the Second Regular Session with same status as if there had been no adjournment; provided, however, that this Rule shall not apply to bills and joint resolutions pending in a Conference Committee at the time of said adjournment.

(b) Simple and concurrent resolutions pending in the Legislature at the final adjournment of the First Regular Session of a Legislature shall not carry over for consideration during the Second Regular Session.

RULE 19RECONSIDERATION OF BILLS AND JOINT RESOLUTIONS

DURING SECOND REGULAR SESSION

It shall not be in order for either house, by suspension of the Rules or by any other means, to reconsider in the Second Regular Session the vote by which any bill or joint resolution was defeated in the First Regular Session.


RULE 20NUMBERING OF BILLS IN

SECOND REGULAR SESSION

Bills and resolutions introduced in the Second Regular Session of a Legislature shall be numbered consecutively with the last bill and resolution, respectively, introduced in the First Regular Session of the same Legislature.

RULE 21RECALL OF BILLS AND JOINT RESOLUTIONS

FROM THE GOVERNOR

Bills and joint resolutions presented to the Governor, and on whieh final action by the Governor is pending, may be recalled only by a concurrent resolution introduced in the house of origin of said bill or joint resolution and adopted by both houses; provided, however, bills and joint resolutions may be recalled from the Governor upon a joint request of the Presiding Officers of both houses for the exclusive purpose of correcting typographical and grammatical errors therein when such request for recall identifies the errors to be corrected. The amendment of such bill or joint resolution recalled on request of the Presiding Officers shall be limited to the correction of errors as stated in the recall request. The recall request shall be printed in full in the Journal of each house.

RULE 22FORM OF BILLS AND JOINT RESOLUTIONS

TO AMEND EXISTING LAW

(a) All bills and joint resolutions calling for legislative action to amend any provisions of existing law shall indicate such amendments when typewritten by underlining all new matter, and when printed by the use of capital letter type, and shall show matter stricken or eliminated from existing law when typewritten by striking through such language to be repealed, and when printed by the use of boldface type enclosed in brackets.

(b) Any bill or joint resolution seeking to change existing statutes shall set forth in the title thereof a citation to all statutes to be repealed or amended and a brief summary of the subject matter dealt with in the existing statute.

RUL£ 23NUMERALS IN BILLS AND JOINT RESOLUTIONS

(a) In all bills and joint resolutions numerals designating the total number only of members on boards and commissions, units of time, measurements, and populations shall be written out in words followed by the corresponding figures enclosed in parentheses.

(b) In all bills and joint resolutions specifying sums of money, such sums shall be written out in words followed in parentheses by the corresponding figures preceded by the dollar sign.

172 Senate Journal

RULE 24JOINT HEARINGS

With the concurrence of the Speaker and the President Pro Tempore, joint hearings before corresponding subject-matter committees of the two (2) houses may be held upon agreement of the chairmen of said committees, when in theirjudgment the interests of legislation or the expedition of business will be better served thereby.

RULE 25USE OF CHAMBERS, OFFICES, AND MEETING ROOMS

The chambers, offices, and meeting rooms under the jurisdiction and control of the Legislature shall be used only for the official business of the Legislature during legislative sessions. No private organization, nonlegislative state agency or department, or the employees thereof, shall be permitted to use said chambers, offices, or meeting rooms during the interim between sessions without the consent of the Presiding Officer of the house having jurisdiction and control thereof. Committee meeting rooms under the jurisdiction and control of one house of the Legislature may, with the consent of the Presiding Officer thereof, be used for committee meetings of the other house.

RULE 26DURATION OF JOINT RULES

Joint Rules adopted by the First Regular Session of a Legislature shall be in full force and effect during both regular sessions of the same Legislature, unless amended, modified, or repealed as provided herein.

SECOND READING


SB 139 — Law Enforcement SB 140 — Judiciary SB 141 — General Government HB 1005 — Human Resources


Advising passage of and transmitting for consideration Engrossed HBs 1025 and 1098,

HB 1025 — By Shurden of the House and Winn of the Senate.

An act relating to game and fish; amending 29 O.S. 1981, Section 6-303, as amended by Section 2, Chapter 36, O.S.L. 1982

(29 O.S. Supp. 1982, Section 6-303); prohibiting the taking, killing, or catching of nongame fish by certain methods; adding an exception; authorizing the Oklahoma Wildlife Commission to provide certain exceptions; providing penalties; providing for the seizure and forfeiture of certain vehicles and equipment; providing for sale of such items and apportionment of sale proceeds; providing for codification; and providing an effective date.

HB 1098 — By Hooper and Glover of the House and Taliaferro of the Senate.

An act relating to banks and trust companies; limiting civil liability of members of the State Credit Union Board; providing for codification; and declaring an emergency.



FIRST READING


SB 142 — By Kilpatrick of the Senate and Fried of the House.

An act relating to professions and occupations; amending 59 O.S. 1981, Sections 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 637, 638, 640,641,642 and 643, which relate to osteopathic medicine; modifying definition; deleting certain license; re-creating and renaming Board; increasing and modifying Board membership; increasing certain bond requirements; modifying provision for reciprocal license; adding causes for revocation, suspension or refusal of license or examination; providing alternative for revocation or suspension of, or refusal to renew license; increasing punishment upon conviction of certain acts; creating revolving fund; repealing 59 O.S. 1981, Section 639, which relates to severability; providing for codification; providing for recodification; providing for severability; and declaring an emergency.

SB 143 — By Howell.An act relating to counties and county

officers; amending 19 O.S. 1981, Sections 1404 and 1416, which relate to the County Budget Act; modifying definitions; clarifying unlawful acts and liabilities; and declaring an emergency.

SJR 7 — By Pierce.A joint resolution relating to initiative and

referendum; expressing legislative intent

that ballot titles of such measures shall be written simply, clearly and free of legalese; directing the Attorney General and the Supreme Court to approve only those ballot titles so written; and directing distribution.

COMMITTEE REPORT



SB 80 — Natural Resources, coauthored by Johnson (Don) (principal House author).



Rowten,poration.

Michael J., Kerr-McGee Cor-

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Monday, February 7, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 12:05 p.m. to meet Monday, February 7, 1983, at 1:30 p.m.

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Twentieth Legislative DayMonday, February 7,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Cate, Clifton and Smith.— 3.


The prayer was offered by Reverend Jerry Walker, Associate Pastor, Baptist Temple, Oklahoma City, the guest of Senator Combs.


Advising the signing of and transmitting for signature Enrolled HCR 1002.

The above numbered Enrolled Resolution was properly signed and ordered returned to the Honorable House.

COMMITTEE APPOINTMENT

Pursuant to Senate Rules 7-1 and 7-8, President Pro Tempore York appointed the Select Senate Committee on Retirement.

The duties of this committee shall be to study all retirement bills which may be assigned to it and recommend to the President Pro Tempore the conclusion of such study. The committee shall exist for the duration of the 39th Legislature.

SELECT SENATE COMMITTEE ON RETIREMENT

KilpatrickRandle

Shedrick, Chairman

Watson Young


Senator Shedrick moved that the vote be reconsidered whereby SB 73 failed of passage, which motion was tabled upon motion of Senator Lamb upon roll call as follows:

Aye: Boatner, Branch, Capps, Choate, Cullison, Dahl, Dawson, Giles, Green, Johnson, Keller, Lamb, Landis, Leonard,

176 Senate Journal

McCune, Miller, Moore, O’Connor, Pierce, Rhodes, Rozell, Watson, Winn, Wright and Young.— 25.

Nay: Cain, Combs, Dennis, Hopkins, Howell, Kilpatrick, Luton, McDaniel, McIntyre, Porter, Randle, Roberts, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill and York.— 19.

Excused: Cate, Clifton, Ford andSmith.— 4.

SECOND READING


SB 142 — Business and Labor SB 143 — General Government SJR 7 — General Government HB 1025 — Agriculture HB 1098 — Business and Labor



HB 1010 — By Henshaw, Williamson, Davis (Porter), Fair, Fitzgibbon, Grieser, Hastings, Holden, Littlefield, Mentzer, Shurden, Sill, Smith (Bill), Smith (Jerry), Stottlemyre, Willis, Davis (Guy), Whorton, Davis (Frank), Kamas, Little, Clark, Pite- zel. Baker, Williams (Penny), Combs and Logan of the House and Hopkins of the Senate.

An act relating to revenue and taxation; amending 68 O.S. 1981, Section 2407.1; providing additional homestead exemption for certain homesteads; increasing the gross household income limitations eligible for additional exemption; defining terms; providing for forms and procedures for filing for additional exemption; providing for verification; and providing an effective date.

HB 1094 — By Hooper of the House and Taliaferro of the Senate.

An act relating to elections; amending 26 O.S. 1981, Section 14-125; providing for certain counting procedures for absentee ballots; changing the time such ballots may be counted; specifying the minimum number of ballots to be counted at one time; providing for exceptions; providing an operative date; and declaring an emergency.


UNANIMOUS CONSENT REQUEST

Senator Schuelein asked unanimous consent to suspend Rule 5-5 to allow the introduction of SR 7, which was the order.

FIRST READING


SB 144 — By Dawson of the Senate and Henry of the House.

An act relating to public health and safety; amending 63 O.S. 1981, Section 1-1709, which relates to patient information; removing prohibition against use of certain information in legal proceedings; granting patient access to and use of information in certain civil actions; and declaring an emergency.

SB 145 — By Choate, Lamb, Moore, O’Connor, Rhodes, Taylor, Watson and Johnson.

An act relating to intoxicating liquors; amending 3 7 0 .S. 1981, Sections 241,243, 244 and 246, which relate to minors; prohibiting the furnishing of certain beverages to persons under twenty-one years of age; providing an exception; prohibiting the employment of certain persons in certain establishments; providing an exception; providing for revocation of certain licenses; prohibiting the consumption of nonintoxicating beverages by certain persons in certain places;

Twentieth Legislative Day, Monday, February 7, 1983 111

increasing age limitations; providing for certain violations; providing for certain juvenile proceedings; repealing 37 O.S. 1981, Sections 242 and 245, which relate to revocation of permits and definition of minor; and providing an effective date.

SB 146 — By Boatner.An act relating to insurance; amending 36

O.S. 1981, Sections 2007, as amended by Section 3, Chapter 258, O.S.L. 1982, 2125, 2126and2127 (36O.S. Supp. 1982, Section 2007), which relate to the Oklahoma Property and Casualty Insurance Guaranty Association, and domestic stock and mutual insurers; defining terms; providing for deposit of certain securities; allowing deposit of certain securities to apply to deposit requirements; requiring evidence of deposit; providing for custodian of securities; requiring certain acts by custodian; allowing loans of certain stocks or obligations, and written agreement; providing for certain investments and separation thereof; providing forms of affidavits; increasing certain association obligation; requiring agreement to borrow certain funds be filed with Insurance Commissioner; providing for repayment of loans; modifying allowable interests of certain directors and officers; requiring additional limitation on certain contracts; providing for codification; and declaring an emergency.

SB 147 — By Terrill of the Senate and Hooper of the House.

An act relating to civil procedure; amending 12 O.S. 1981, Sections 13, 17 and 18, which relate to class actions; removing limitation in recoverable damages; modifying composition of class; repealing conflicting laws; providing severability; and declaring an emergency.

SB 148 — By Terrill.An act relating to children; amending 10

O.S. 1981, Section 1130, which relates to termination of parental rights; providing for and expanding the situations in which a court may terminate parental rights; providing an operative date; and declaring an emergency.

SB 149 — By Terrill.An act relating to motor vehicles; amend

ing 47 O.S. 1981, Section 23.2b, as amended by Section 6, Chapter 95, O.S.L. 1982 (47 O.S. Supp. 1982, Section 23.2b), which relates to perfection of security interest; clarifying applicable statute for perfection of security interest in certain vehicles; and declaring an emergency.

SB 150 — By Boatner.An act relating to revenue and taxation;

amending 68 O.S. 1981, Section 1352, which relates to definitions used in Oklahoma Sales Tax Code; modifying definition of gross receipts to exclude certain setoffs or trade-ins for sales tax purposes; and providing an effective date.

SB 151 — By Young, Boatner, Rozell, Miller, Roberts, Branch, Dawson, Dennis, Porter, Shedrick, Johnson, Winn, Stipe, Giles, Taylor and Leonard.

An act relating to revenue and taxation; amending 68 O.S. 1981, Sections 1354, 1355 and 2701, which relate to taxation; making sales of gasoline, motor fuel, diesel fuel or special fuel subject to the excise tax levied by the “ Oklahoma Sales Tax Code” ; deleting excise tax exemption for sales of gasoline, motor fuel, diesel fuel or special fuel; prohibiting municipalities from levying local excise tax on sales of gasoline, motor fuel, diesel fuel or special fuel; providing for apportionment of certain monies collected; stating criteria for apportionment; providing for transmittal of monies collected by Oklahoma Tax Commission; stating criteria for expenditures of such monies; and providing for codification.

SB 152 — By Keller.An act relating to motor vehicles; provid

ing forfeiture of motor vehicle upon second conviction of driving under the influence of intoxicating liquor; requiring notice; allowing for petition for remission of interest; providing for custody of motor vehicle by district attorney and distribution of proceeds

178 Senate Journal

after sale; requiring establishment of Motor Vehicle Forfeiture Funds; providing procedure; providing for codification; and declaring an emergency.

SCR 3 — By Taylor.A concurrent resolution directing the

Oklahoma Public Welfare Commission, the Department of Human Services and the Director of Human Services to conduct a study on alternative uses for Whitaker State Children’s Home; and directing distribution.

SR 7 — By Schuelein, Stipe and Luton.A resolution praising the life and accom

plishments of James R. Hall, Jr.; expressing deep sorrow upon his death; extending condolences; making a permanent record; and directing distribution.



Walker, James E ., Oklahoma Cable Television Association; Oklahoma Gasohol, Inc.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Tuesday, February 8, 1983, at 1:30 p.m., which motion prevailed.


Twenty-first Legislative DayTuesday, February 8,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Terrill, Watson, Winn, Wright, York and Young.—46.

Excused: Shedrick and Taylor.—2.

Senator Combs presiding.

Senator Combs declared a quorum present.

The prayer was offered by Reverend Walker, the guest of Senator Combs.

GENERAL ORDER

SB 74 by York of the Senate and Fried of the House was called up for consideration.

Senator York m oved that SB 74 be advanced, which m otion was declaredadopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Kilpatrick, Shedrick and Taylor.—3.



GENERAL ORDER

SB 79, considered on Page 138, was considered further.

Senator Howell asked unanimous consent to withdraw his amendment to SB 79, shown on Page 138, which was the order.

180 Senate Journal

Senator McDaniel moved to amend SB 79, Page 3, Line 6, by deleting after the word “ any” on Line 6 and before the word “ party ” on Line 7, the word “ interested’ ’, which amendment was declared adopted.


THIRD READING


On the question of passage of the bill and emergency, the roll cdl resulted as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Terrill, Watson, Winn, Wright and York.

Nay: Johnson and Young.—2.

Excused: Shedrick and Taylor.—2.



SPECIAL INTRODUCTIONS

Senator Cullison introduced Marge Crea- ger. President of the Oklahoma Personnel Guidance Association; Brenda Casey, President, Oklahoma School Counselors Association and Linda Nichols, President-elect of the Oklahoma School Counselors Association to the Senate and asked unanimous consent, which was granted, that they be granted privileges of the floor to receive a Citation.


Senator Schuelein asked unanimous consent to suspend Rule 5-4 and when SR 7 is read the second time it be referred direct to the Calendar, which was the order.

SECOND READING


SB 144 — JudiciarySB 145 — PolicySB 146 — Business and LaborSB 147 — JudiciarySB 148 — JudiciarySB 149 — FinanceSB 150 — FinanceSB 151 — FinanceSB 152 — Law EnforcementSCR 3 — Human ResourcesSR 7 — Direct to CalendarHB 1010 — PolicyHB 1094 — General Government


Advising passage of and transmitting for consideration Engrossed HBs 1018, 1096, 1114 and 1118.

HB 1018 — By Peterson, Hastings, Hen- shaw, Holden, Mentzer, Sill, Smith (Jerry) and Lewis of the House and Miller and Rozell of the Senate.

An act relating to counties and county officers; amending 68 O.S. 1981, Section 1352; providing for a county sales tax; specifying purposes and application; providing for duration of tax; requiring voter approval; providing for administration of the tax; specifying exemptions; authorizing certain contracts; providing for certain liens; modifying application of certain definitions; providing for codification; and providing an effective date.

Twenty-first Legislative Day, Tuesday, February 8, 1983 181

HB 1096 — By Monks, Kincheloe, Henry, Harris, Brown, Denman, Gray, Riggs, Cole, Conaghan, Holt, Leftwich, Clark, Little, Cotner and Lancaster.

An act relating to probate procedure; amending 58 O.S. 1981, Section 912; prescribing procedures for termination of joint tenancy; and providing an effective date.

HB 1114 — By Davis (Frank) of the House and Leonard of the Senate.

An act relating to civil procedure; amending 12 O.S. 1981, Section 1141; providing for actions to quiet title; permitting joinder of action with action to recover possession; providing for payment of certain attorneys fees; and providing an effective date.

HB 1118 — By Thompson of the House and Dennis of the Senate.

An act relating to agriculture; amending 2 O.S. 1981, Section 1301-310, as amended by Section 1, Chapter 152, O.S.L. 1982 (2 O.S. Supp. 1982, Section 1301-310); prohibiting certain acts relating to cutting down, injuring, removing, or destroying certain trees; providing exceptions; providing penalties; authorizing treble damages; and providing an effective date.




HCR 1001 — By Baughman, Glover, Conaghan and Kamas of the House and Taliaferro of the Senate.

A concurrent resolution urging the Oklahoma Tax Commission to collect certain fees and taxes; encouraging the negotiation of certain agreements; and directing distribution.

The above numbered H C R was read thefirst time.

FIRST READING


SB 153 — By Winn.An act relating to insurance; requiring cer

tain provisions in automobile liability insurance rate schedules or rating plans; requiring certain insurance companies to allow premium reductions for eligible persons; specifying approved instructor; providing for certain certificate; limiting eligibility; providing for codification; repealing conflicting laws; and providing an effective date.

SB 154 — By Winn.An act relating to public health and safety;

defining terms; requiring storm shelters in certain mobile home and recreational vehicle parks; providing for codification; and providing an effective date.

SB 155 — By Winn.An act relating to revenue and taxation;

amending 68 O.S. 1981, Section 1352, which relates to Oklahoma Sales Tax Code; and excluding certain trade-ins from definition of gross receipts.

SB 156 — By Giles.An act relating to waters and water rights;

amending 82 O.S. 1981, Section 1085.35, which relates to purchase of investment certificates by State Treasurer; increasing statutory limit; and declaring an emergency.

SB 157 — By Terrill.An act relating to state government;

amending 74 O.S. 1981, Section 150.10, which relates to the uniform crime reporting system of the Oklahoma State Bureau of Investigation; providing penalties; requiring all law enforcement agencies to maintain and file a permanent record and submit a report of certain offenses; providing for codification; providing severability; and declaring an emergency.

182 Senate Journal

SB 158 — By McCune.An act relating to health services for in

mates; amending 43A O.S. 1981, Section 701, which relates to hospital services for inmates of correctional institutions; transferring certain responsibilities to Department of Human Services from Department of Mental Health; including inmates from county jails under health services available; providing for operation and management of Central State Griffin Memorial Hospital as satellite of Oklahoma Memorial Hospital; providing exceptions for certain mental patients; providing for treatment of certain inmate patients at certain hospitals; requiring Department of Corrections and Department of Mental Health to assume responsibility for transportation of certain jail prisoner patients; providing for certain funding; creating the County Health Care Revolving Fund; providing procedures for deposits and expenditures; providing for codification; repealing conflicting laws; and providing an effective date.

SB 159 — By Giles and Leonard.An act relating to oil and gas; requiring all

participants in cost of well and all mineral owners to share in revenues; providing election for participants in cost of well to not share in revenues; declaring operator of unit area or proper substitute to represent interested parties in effecting proper distribution of revenues; empowering Corporation Com

mission to promulgate rules, regulations and to provide penalties; providing for codification; and declaring an emergency.

SB 160 — By Smith.An act relating to motor vehicles; amend

ing 47 O.S. 1981, Section 11-902, as amended by Section 9, Chapter 294, O.S.L. 1982 (47 O.S. Supp. 1982, Section 11-902), which relates to driving while intoxicated; increasing fines; and declaring an emergency.

COMMITTEE REPORTS


DO PASS:

SB 5 — Appropriations.SJR 1 — Law Enforcement, coauthored

by Vaughn (principal House author).

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday, February 9, 1983, at 1:30p.m., which motion prevailed.


Twenty-second Legislative DayWednesday, February 9,1983


Roll Call;

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Taliaferro, Terrill, Watson, Winn, Wright, York and Young.— 44.

Excused: Randle, Shedrick, Stipe and Taylor.— 4.





W alter A llison, Bartlesville, as a m em berto the Econom ic Developm ent Com mission.

Thomas Heggy, Oklahoma City, as Director to the Oklahoma State Bureau of Narcotics and Dangerous Drugs.



GENERAL ORDER

SB 5 by Dawson of the Senate and Sanders of the House was called up for consideration.


THIRD READING

SBS was read for the third time at length.


Aye; Boatner, Branch, Cain, Cate, Choate, Cullison, Dahl, Dawson, Dennis, Ford, Hopkins, Howell, Kilpatrick, Lamb,

184 Senate Journal

Leonard, Luton, McCune, McDaniel, Miller, Moore. O’Connor, Pierce, Porter, Rhodes, Rozell, Smith, Taliaferro, Terrill, Watson, Winn and Wright.—31.

Nay: Combs, Green, Johnson, Keller, Roberts, Schuelein, York and Young.—8.

Excused: Capps, Clifton, Giles, Landis, McIntyre, Randle, Shedrick, Stipe and Taylor.—9.

The bill passed.

Senators Landis, Giles, Capps and Roberts desired to vote Aye on the emergency and Senator Pierce desired to vote Nay on the emergency.

On the question of passage of the emergency, the vote resulted as follows: Aye: 34. Nay: 9. Excused: 5.

The emergency passed.


GENERAL ORDER

SB 13 by Rozell of the Senate and Adair of the House was called up for consideration.

Senator Howell moved to amend SB 13, Page 4, Line 8, by adding new Sections 4 and 5 and renumbering:

“ Section 4. The school board proposition establishing a ‘modified school year’ shall be submitted to the electors for their approval or disapproval.

Section 5. Ballot provisions The district superintendent of schools shall order a ballot provision, as provided in this act, to be added to the ballot of the forthcoming election, within the district, to determine the question.The ballot provisions used in the election shall contain the words ‘For a modified school-year school program of the (name of

district) District for (name of school or schools) School or Schools’ followed by the words ‘Yes’ or ‘No’ so placed that the voter may clearly indicate his choice.(a) If a majority of those voting for the ballot provision, as provided by this act, at the election vote ‘yes’ then the school district shall be permitted to commence the modified school-year school program so designated on the ballot.(b) If a majority of those voting for the ballot provision, as provided by this act, at the election vote ‘no’ then the school district shall not be permitted to commence the modified school-year school program so designated on the ballot.” , which amendment was tabled upon motion of Senator Rozell.

Senator Rozell moved that SB 13 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Cullison, Dawson, Dennis, Green, Hopkins, Johnson, Kilpatrick, Landis, Luton, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Roberts, Rozell, Schuelein, Smith, Taliaferro, Winn and York.—28.

Nay: Choate, Combs, Dahl, Ford, Giles, Howell, Keller, Lamb, Leonard, McCune, Moore, Rhodes, Terrill, Watson, Wright and Young.— 16.

Excused: Randle, Shedrick, Stipe and Taylor.—4.

The bill passed.

Senator Giles desired to vote Aye on the emergency.

Twenty-second Legislative Day, Wednesday, February 9, 1983 185

On the question of passage of the emergency, the vote resulted as follows; Aye: 29. Nay: 15. Excused; 4.

The emergency failed.


Pursuant to Rule 12-24 Senator Rozell moved that the vote be reconsidered whereby SB 13 passed and the emergency failed.

GENERAL ORDER

SB 80 by McDaniel of the Senate and Johnson (Don) of the House was called up for consideration.


THIRD READING


On the question of passage of the bill, the roll call resulted as follows;

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Taliaferro, Terrill, Watson, Winn, Wright and York.— 37.

Nay: Combs, Dahl, Howell, Kilpatrick, Lamb and Young.—6.

Excused; Keller, Randle, Shedrick, Stipe and Taylor.—5.

The bill passed.

SB 80 was referred for engrossm ent.

SECOND READING


SB 153 — Business and Labor SB 154 — Business and Labor SB 155 — Finance SB 156 — Finance SB 157 — Law Enforcement SB 158 — Appropriations SB 159 — Natural Resources SB 160 — Law Enforcement HB 1018 — Finance HB 1096 — Judiciary HB 1114 — Judiciary HB 1118 — Agriculture HCR 1001 — Finance


Advising passage of and transmitting for consideration Engrossed HBs 1009 and 1107,

HB 1009 — By Hooper.An act relating to civil procedure; amend

ing 12 O.S. 1981, Section 1289; providing for termination or modification of alimony payments upon certain conditions; limiting such payments as a lien against real property; providing exceptions; providing for the retrospective and prospective application of certain judgments or orders; and providing an effective date.

HB 1107 — By Lancaster, Hooper, Morgan and Harbin of the House and Winn of the Senate.

An act relating to insurance; requiring the Insurance Commissioner to develop a plan for the apportionment of certain accident and health insurance coverage and requiring certain insurers to issue insurance pursuant to the plan; providing certain cost provisions; providing for codification; and providing an effective date.


186 Senate Journal

FIRST READING

The following were introdueed and read the first time;

SB 161 — By Clifton.An act relating to crimes and punishments;

amending 21 O.S. 1981, Section 1737, which relates to larceny of cable television services; defining persons committing larceny; prescribing punishments and fines; providing for prima facie evidence; describing civil liability to cable television system; providing for damages; and declaring an emergency.

SB 162 — By Dennis and Stipe.An act relating to state government;

amending 74 O.S. 1981, Sections 1302, 1303, 1304, 1306 and 1315, as amended by Sections 2, 3, 4, 5 and 14, Chapter 333, O.S.L. 1982 (74 O.S. Supp. 1982, Sections 1302, 1303, 1304, 1306 and 1315), and 1318, which relate to State Employees Group Health, Dental and Life Insurance; adding reference to certain beneficiaries; modifying and expanding definitions; mandating legal representation; altering grievance procedures; allowing comprehensive plan; allowing participation by certain school employees and retirees and specifying procedures; permitting in lieu payments; altering restrictions for reemployed employees; providing for codification; providing severability; repealing conflicting laws; and providing an effective date.

SB 163 — By Luton.An act relating to public health and safety;

amending 63 O.S. 1981, Sections 2100, 2101,2109,2110,2111,2112,2113,2114, 2117,2118,2119,2120,2121,2122,2123, 2124, 2126, 2139, 2141, 2143 and 2144, which relate to aleohol treatment and rehabilitation; modifying definitions and terms; modifying appointment powers; consolidating drug and alcohol advisory councils; creating Advisory Council on Alcohol and Drug Abuse and providing for member

ship, expenses, meetings and duties; directing earmarking of certain funds; requiring alcohol and drug services plans and procedures; specifying contents of plans; creating revolving fund and providing for administration; repealing 43A O.S. 1981, Sections 652, 653 and 655, as amended by Sections 1,2 and 3, Chapter 321, O.S.L. 1982 (43A O.S. Supp. 1982, Sections 652, 653 and 655), and 63 O.S. 1981, Sections 2115, 2128, 2129, 2130, 2131,2132, 2133, 2134, 2135, 2136, 2137 and 2138, which relate to drug rehabilitation; providing for codification; repealing conflicting laws; providing severability; providing an effective date; and declaring an emergency.

SB 164 — By Dennis and Stipe.An act relating to the Department of Pub

lic Safety; making an appropriation thereto; stating the purpose; creating a County Sheriffs Fund in each county treasury; providing lapse date; providing an effective date; and declaring an emergency.


ries; amending 57 O.S. 1981, Section 332.8, which relates to conditions for parole; requiring the Pardon and Parole Board to consider either suitable employment or a suitable residence as a condition for parole; eliminating the requirement for a parole adviser; providing severability; and declaring an emergency.

SB 166 — By Howell.An act relating to workers’ compensation;

amending 85 O.S. 1981, Section 14, which relates to medical attention; modifying procedure for submission of health eare charges; allowing reeovery of attorney’s fee by health care provider; and declaring an emergency.

SB 167 — By Smith.An act relating to courts; providing for a

Court of Appeals; establishing two permanent circuits; describing appellate and original jurisdietion; providing for transfer of

Twenty-second Legislative Day, Wednesday, February 9, 1983 187

cases and review of decisions by writ of certiorari; allowing eertification of questions of law to another state; establishing powers; providing for issuance of certain opinions and authority of opinions; providing for settlement of conflicting decisions; establishing quarters, travel expenses and seal; describing qualifications and election of judges; prescribing procedure when vacancy occurs; determining filing costs; requiring report of fees by clerk; deleting provisions pertaining to jurisdiction; striking prescription for opinions; repealing 20 O . S. 1981, Seetions 30.1,30.2, as amended by Seetion 1, Chapter 336, O.S.L. 1982, 30.4, 30.5, 30.7, as amended by Section 2, Chapter 336, O.S.L. 1982, 30 .8 ,30.9a, as amended by Section 3, Chapter 336, O.S.L. 1982, 30.10, 30.11, as amended by Section 1, Chapter 115, O.S.L. 1982 and 30.12 (20 O.S. 1982, Sections 30.2, 30.7, 30.9a and 30.11), which relate to the Court of Appeals; providing for codification; repealing conflicting laws; providing for severability; and providing an effective date.


amending 68 O . S. 1981, Section 807, which relates to estate taxes; providing that the value of certain qualified terminable interest property shall be included in determining the value of gross estate, with certain limitations; excluding value of certain qualified terminable interest property from value of gross estate to extent that the value of such property is a deduction for federal estate tax purposes, with exceptions; and declaring an emergency.

SB 169 — By York and Lamb.An act relating to revenue and taxation;

amending 68 O.S. 1981, Section 1623, which relates to conditions for storage, sale and use of fireworks; prohibiting mail-order sales to consumers; requiring that sales be made only at licensed retail locations; and declaring an emergency.

SJR 8 ̂ By Ford of the Senate and Davis (Frank) of the House.

A joint resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 23 of Article X of the Oklahoma Constitution which relates to estimate of revenue by State Board of Equalization and Legislature; directing the Legislature to reduce eleeted officials and employee salaries and labor contracts in the event that collections to the General Revenue Fund fall short of the appropriated amount; providing ballot title; and directing filing.

SJR 9 — By Cate.A joint resolution amending Section 1 of

Enrolled House Joint Resolution No. 1046, O.S.L. 1982, page 1247, authorizing the State Board of Public Affairs, the Department of Mental Health and the City of Norman, Oklahoma, to contract for the lease of certain land for an additional period of time; excluding mineral and water rights from the lease; requiring notation; and directing distribution.

COMMITTEE REPORTS


DO PASS:

SB 60 — Finance.SB 72 — General Government.SB 83 — General Government, coau

thored by Smith (Bill) (principal House author).

SB 97 — Finance, coauthored by Draper (principal House author) and Littlefield of the House.

SB 123 — Education, coauthored by Blodgett (principal House author).

SB 124 — Finance, coauthored by Hooper (principal House author).

SJR 5 — Education, coauthored by Capps of the Senate and Grieser (prineipal House author).

188 Senate Journal

SCR 2 — Finance, coauthored by Clark (principal House author).

SR 6 — General Government.HB 1031 — Business and Labor.


SB 103 — Law Enforcement, coauthored by Hamilton (principal House author).

SB 125 — Finance, coauthored by Harbin (principal House author).

HB 1035 — Judiciary.



Whittle, Stephen D., Tulsa Firefighters.

BILL RELEASED




Twenty-third Legislative DayThursday, February 10,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Taliaferro, Terrill, Watson, Winn, Wright, York and Young.—43.

Excused: Cate, Dawson, Shedrick, Stipe and Taylor.—5.




SBs 5, 77 and 80 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.



Dr. Wallace Byrd, Coalgate, as a member to the State Board of Health, to serve a term of nine years ending June 30, 1991, and effective upon Senate confirmation. Dr. Byrd will succeed himself.

Dr. Nolan Gross, Tulsa, as a member to the Veterinary Medical Examiners Board, to serve a term of four years ending May 9, 1986, and effective upon Senate confirmation. Dr. Gross will succeed himself.

Jimmy D. Johnson, Lawton, as a member to the Board of Licensed Social Workers, to serve a term of five years ending October 5, 1987, and effective upon Senate confirmation. Mr. Johnson will serve in a new position created by HB 1387.

Tom W. Kurtz, Tulsa, as a member to the Oklahoma State Board of Public Accountancy, to serve a term of five years ending June 30, 1987, and effective upon Senate confirmation. Mr. Kurtz will succeed Bill Home.

190 Senate Journal

Jack De McCarty, Newkirk, as a member to the Oklahoma State Bureau of Investigation, to serve a term of seven years ending July 1, 1989, and effective upon Senate confirmation. Mr. McCarty will succeed himself.

Jack E. Naifeh, Tulsa, as a member to the War Veterans Commission, to serve a term of three years ending July 1,1985, and effective upon Senate confirmation. Mr. Naifeh will succeed himself.

David Oakley, Bartlesville, as a member to the Used Motor Vehicle and Parts Commission, to serve a term of six years ending June 30, 1988, and effeetive upon Senate confirmation. Mr. Oakley will succeed himself.

Carl Pierceall, Muskogee, as a member to the Oklahoma Wildlife Conservation Commission, to serve an unexpired eight year term ending July 1, 1990, and effective upon Senate confirmation. Mr. Pierceall will succeed Andy Callaway.

GENERAL ORDER

HB 1031 by Hill of the House and Leonard of the Senate was called up for consideration.

Senator Choate moved to amend HB 1031, Page 2, Lines 15 and 16, by striking the word “ Two” before the word “ Thousand” and adding the word “ Five” and by striking the words “ Five Hundred” after the word “ Thousand” and by changing the numbers “ (2,500)” to “ (5,000)” before the word “ inhabitants,” , which amendment was declared adopted.

Senator Leonard moved that HB 1031 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Taliaferro, Terrill, Watson, Winn, Wright, York and Young.—43.

Excused: Cate, Dawson, Shedrick, Stipe and Taylor.—5.



SECOND READING


SB 161 — Judiciary SB 162 — Appropriations SB 163 — Human Resources SB 164 — Appropriations SB 165 — Law Enforcement SB 166 — Business and Labor SB 167 — Judiciary SB 168 — Finance SB 169 — Finanee SJR 8 — Appropriations SJR 9 — General Government HB 1009 — Judiciary HB 1107 — Business and Labor



Twenty-third Legislative Day, Thursday, February 10, 1983 191

HB 1042 — By Manar and Glover of the House and Taliaferro of the Senate.

An act relating to elections; amending 26 O.S. 1981, Sections 15-111 and 15-112; requiring certain information on broadeast or printed campaign material; providing penalties; limiting time within which actions for violations can commence; and repealing 26 O.S. 1981, Section 16-122.


FIRST READING


SB 170 — By Winn.An act relating to wills and succession;

amending 84 O . S. 1981, Section 213, which relates to descent and distribution; clarifying method of distribution of shares to certain lineal descendants; modifying method of distribution of shares to certain children of deceased brothers and sisters; adding children of deceased brothers and sisters as possible heirs in certain eircumstances; and providing an effective date.

SB 171 — By Howell.An aet relating to public finance; amend

ing 62 O.S. 1981, Section 87, which relates to depositories and public funds; directing investment of certain funds; allowing deposit of public funds in certain insured financial institutions; and declaring an emergency.

SB 172 — By Howell.An act relating to the Corporation Com

mission; defining terms; requiring notification and Commission approval of acquisition, control or merger of certain domestic public utilities; requiring certain statement under oath or affirmation; allowing certain combination of statements; providing for public hearing; providing conditions for disapproval of acquisition, control or merger; setting notice of public hearing; requiring notice be given to customers; allowing bond

for certain expenses; exempting certain parties from certain provisions of act; granting state courts jurisdiction; establishing Commission as agent for service of process for certain persons; granting Commission power to promulgate rules and regulations; allowing certain persons to bring action in court for violations of act; establishing penalties for violation; providing for appeal; providing for codification; and providing an effective date.

SB 173 — By Green.An act relating to corporations; amending

180.S. 1984, Sections 1.11a, 1.166, 1.208, 1.228, 1.247a, 541, 542, 549, 550, 552.2, 581, 584, 585, 586, 588, 589, 592, 593, 594, 854 and 861, which relate to provisions, procedures or requirements for corporations; clarifying provisions for trade name; modifying procedures for merger and consolidation; modifying procedures for execution and contents of articles of incorporation; requiring certain information in articles of domestication in certain instances; defining term; deleting type of charitable corporation authorized; prescribing contents of articles of incorporation for certain associations, providing procedures for changing, dissolving or amending articles of ineorpora- tion for certain corporations; modifying contents of articles of incorporation for nonprofit corporations; increasing term of existence for nonprofit corporations; providing procedures for dissolution of nonprofit corporations; providing for codification; and declaring an emergency.

SB 174 — By Pierce.An act relating to labor; exempting amuse

ment parks owned and operated by nonprofit corporations from provisions of Amusement Ride Safety Act; and declaring an emergency.

SB 175 — By Luton.An act relating to insurance; amending 36

O.S. 1981, Section 6092, which relates to limitations under medical coverage in motor vehicle liability Insuranee; stating legislative

Twenty-fourth Legislative DayMonday, February 14,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 47.

Excused: Howell.— 1.


The prayer was offered by Reverend Marcus Barnett, First United Methodist Church, Wewoka and Cromwell, the guest of Senator Dawson.

INTRODUCTION

Senator Shedrick introduced her granddaughter, Lindsey Sommer Hayes, and asked unanimous consent, which was

granted, that Miss Hayes be named Honorary Page for this legislative day.



Jerry Hetherington, Sallisaw, as a member to the Board of Regents of Carl Albert Junior College.

Richard Woolery, Sapulpa, as a member to the Board of Regents of Tulsa Junior College.



GENERAL ORDER

SB 83 by Taliaferro of the Senate and Smith (Bill) of the House was called up for consideration.

Senator Taliaferro moved that SB 83 be advanced, which motion was declared adopted.

194 Senate Journal

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schue- lein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Dawson, Howell and Luton.—3.

The bill passed.


MESSAGE FROM THE HOUSE HAS TO SENATE BILLS


SB 85.

GENERAL ORDER

SB 97 by York of the Senate and Draper and Littlefield of the House was called up for consideration.

Senator Roberts moved to amend SB 97, Page 2, Line 3, by inserting after the word “ organization” and before the word “ or” the following: “ recognized political party” and by inserting on Page 2, Line 10, after the words “ Section 501” and before the word “ of” the following; “ and Section 527” , which amendment was declared adopted.

Senator Smith moved to amend SB 97, Page 3, Line 5'/2, by adding a new Section 2,

as follows: “ Section 2. There shall not be more than one day of bingo in any one location within any week.” and renumbering, which amendment was tabled upon motion of Senator Stipe.

Senator York moved that SB 97 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Nay: Johnson and Moore.—2.

Excused: Dawson and Howell.—2.



GENERAL ORDER

SB 125 by Randle of the Senate and Harbin of the House was called up for consideration.

Senator Keller moved to amend SB 125, Page 4, Line 12, by deleting after the word “ of” and before the second word “ of” the following: “ fifty percent (50%)” and inserting in lieu thereof the language: “ one hundred percent (100%)” , which amendment was declared adopted.

Twenty-fourth Legislative Day, Monday, February 14, 1983 195

Senator Stipe moved to amend SB 125, Page 2, Line 9, by striking after the word “ title” and before the word “ provided” on Line 13 all language.

Senator Randle asked unanimous consent that SB 125, with the Stipe amendment, be laid over for this legislative day, which was the order.

GENERAL ORDER

SCR 2 by Randle of the Senate and Clark of the House was called up for consideration.

Senator Wright asked to coauthor SCR 2, which was the order.

SCR 2 was adopted upon motion of Senator Randle and referred for engrossment.

GENERAL ORDER

SB 60 by Shedrick of the Senate and Va- natta and Draper of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Nay: Landis.— 1.





Senator Rozell moved that the vote be reconsidered whereby the emergency to SB 13 failed of passage, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Cullison, Dawson, Giles, Green, Kilpatrick, Landis, Luton, McDaniel, McIntyre, Miller, O’Connor, Porter, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Winn, York and Young.—27.

Nay: Combs, Dahl, Ford, Hopkins, Johnson, Keller, Lamb, Leonard, McCune, Moore, Pierce, Randle, Rhodes, Roberts, Smith, Stipe, Terrill, Watson and Wright.— 19.

Excused: Dennis and Howell.—2.

On the question of passage of the emergency to SB 13, the vote resulted as follows:

Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Cullison, Dawson, Green, Hopkins, Johnson, Landis, Luton, McDaniel, McIntyre, Miller, O’Connor, Porter, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Winn and York.—27.

Nay: Cate, Combs, Dahl, Ford, Giles, Keller, Lamb, Leonard, McCune, Moore, Pierce, Randle, Rhodes, Stipe, Terrill, Watson, Wright and Young.— 18.

Excused: Dennis, Howell and Kilpatrick.—3.


196 Senate Journal

SECOND READING


SB 170 — JudiciarySB 171 — FinanceSB 172 — Business and LaborSB 173 — Business and LaborSB 174 — Business and LaborSB 175 — Business and LaborSB 176 — Law EnforcementSB 177 — FinanceSJR 10 — Law EnforcementHB 1042 — General Government



HB 1097 — By Draper of the House and Cate of the Senate.

An act relating to professions and occupations; amending 59 O.S. 1981, Sections 45.11, 45.12, 45.13, 45.16 and 45.22; specifying procedures for examination, fees, and issuance of license to practice architecture; authorizing reciprocal licenses and fees; providing for revocation of license for nonpayment of fees; providing for reinstatement of license; defining unauthorized practice and providing penalty; providing operative date; and declaring an emergency.

HB 1115 — By Henry of the House and Clifton of the Senate.

An act relating to definitions and general provisions; amending 25 O.S. 1981, Section 106; modifying standards for newspapers to be qualified to publish legal notices, advertisements, or publications of any kind; defining term; modifying exceptions for publication of such notices, advertisements, or publications; and providing an effective date.


FIRST READING


SB 178 — By Leonard.An act relating to civil procedure; specify

ing duties of the court clerk; providing for fees collected by court clerks to process passports; providing for codification; and declaring an emergency.

SB 179 — By Clifton.An act relating to criminal procedure;

amending 22 O.S. 1981, Section 1327, which relates to disposition of exhibits; providing for disposition of exhibits held by the state; requiring transfer to county sheriff; and providing an effective date.

SB 180 — By Cullison.An act relating to insurance; amending 36

O.S. 1981, Section 3636, which relates to uninsured motorist coverage; establishing limits on certain liability; providing an effective date; and declaring an emergency.

SB 181 — By Landis.An act relating to revenue and taxation;

amending 68 O.S. 1981, Section 1013, which relates to the Gross Production Tax Code, rules and regulations, bond, licenses and permits, reports and invoices or load ticket; authorizing certain law enforcement officers to stop and inspect certain invoices or load ticket during transit; and declaring an emergency.

SB 182 — By Clifton.An act relating to criminal procedure;

amending 22 O.S. 1981, Section 152, which relates to limitations on commencement of prosecutions; providing statute of limitations’ period for criminal conspiracy; and providing an effective date.

SB 183 — By Shedrick.An act relating to public retirement sys

tems; amending Section 6, Chapter 320,


O.S.L. 1982 (11 O.S. Supp. 1982, Section 49-100.8), 47 O.S. 1981, Section 2-308.2, and 70 O.S. 1981, Section 17-106, as amended by Section 5, Chapter 329, O.S.L. 1982 (70 O.S. Supp. 1982, Section 17-106), which relate to firefighters, law enforcement and teachers retirement systems; reducing periods of amortization of accrued unfunded liability; establishing period of amortization of accrued unfunded liability for Oklahoma Police Pension and Retirement Systems; providing for codification; providing an effective date; and declaring an emergency.

SB 184 — By Cain.An act relating to state government;

amending 74 O.S. 1981, Section 85.23, which relates to affidavits; deleting the requirement of a noncollusion affidavit for claims and retaining the requirement for contracts; and declaring an emergency.

SB 185 — By Pierce.An act relating to insurance; amending 36

O.S. 1981, Section 308, which relates to examination and audit of domestic companies; allowing satisfaction of requirement for examination by certified public accountant selected by insurer; prohibiting charge to insurer by Insurance Commissioner for certain examination; and declaring an emergency.

SB 186 — By Smith.An act relating to motor vehicles; provid

ing for punishment of motor vehicle operators with certain blood or breath alcohol concentration involved in personal injury accidents; describing punishments and fines; providing for codification; and declaring an emergency.

SB 187 — By Stipe.An act relating to cities and towns; amend

ing 11 O.S. 1981, Section 22-101.1, which relates to political activities by municipal employees; removing superseding provisions of certain federal statutes or municipal charters; and declaring an emergency.

SB 188 ^ Bv Terrill.An act relating to schools; creating the

Educational Employment Relations Act; stating purpose; defining terms; prohibiting denial of employment for membership or lack thereof in employee organization; establishing Education Employment Relations Commission; providing for membership, terms of office, filling of vacancies, compensation, officers, employees and payment of expenses; establishing duties of Commission; establishing principal office; specifying rights of employees; providing for Commission recognition of exclusive representative and request therefor; requiring election under certain circumstances; providing for ballot and runoff; prohibiting question of representation under certain circumstances; providing for decertification of representative; allowing renewal of agreement; establishing certain procedures for and payment of expenses of election; providing for determination of negotiating unit; requiring confidentiality of individual’s preference; providing for certification of employee organization; requiring certain representation; establishing requirements for negotiations; providing for impasse mediation; prohibiting certain actions by employer; prohibiting certain actions by employee organization; providing for petition to courts; providing for fines, the withholding of state funds and decertification for violations of certain prohibitions; directing actions pursuant to Oklahoma Administrative Procedures Act; providing for effective date of agreement; allowing provision for increases in certain remuneration during term of agreement; providing for continuation of existing agreements; continuing lawful rights, privileges and benefits of employees; continuing lawful responsibilities of employers; providing for codification; repealing 70 O.S. 1981, Sections 509.1, 509.2, as amended by Section 1, Chapter 102, O.S.L. 1982, 509.3, 509.4,509.6, 509.7, 509.8, 509.9 and 509.10 (70 O.S. Supp. 1982, Section 509.2), which relate to negotiation between school employees and districts; providing for severability; and declaring an emergency.

198 Senate Journal

SB 189 — By Terrill.An act relating to the Consumer Credit

Code; amending 14A O.S. 1981, Section 3-408, as amended by Section 47, Chapter 335, O.S.L. 1982 (14A O.S. Supp. 1982, Section 3-408), which relates to changes in terms of revolving loan accounts; providing that written notice shall not be required if change is of class defined by rule as not requiring advance notice; and declaring an emergency.


An act relating to revenue and taxation; amending 68 O.S. 1981, Section 24323.1, which relates to certificate tax deed or resale tax deed; deleting provision that such deed shall not convey any other interest; and providing an effective date.

SB 191 — By Smith.An act relating to officers; amending 51

O.S. 1981, Sections 151, 152, 153, 154, as amended by Section 1, Chapter 199, O.S.L. 1982 (51 O.S. Supp. 1982, Section 154), 155, 156, 157, 158, 159, 160, 161, 162, 163, 165, 166 and 169, which relate to the Political Subdivision Tort Claims Act; changing name to the Oklahoma Tort Claims Act which includes the State of Oklahoma; deleting provision for interest rate on certain judgments; modifying provisions for venue; providing for self-insurance by the state; repealing 51 O . S. 1981, Sections 167 and 168, which relate to insurance for municipalities and school districts; providing severability; and declaring an emergency.

SJR 11 — By York and Giles of the Senate and Hobson of the House.

A joint resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to the Oklahoma Constitution by adding a new section to Article X thereof, to be designated as Section 39; authorizing the Legislature to enact laws for adequate statewide water development purposes; providing ballot title;

directing filing; and requiring submission to the people at a statewide election designated by the Governor.

SJR 12 — By Porter and Stipe.A joint resolution providing for certain

limits on salaries of employees of the Department of Human Services; repealing conflicting laws; providing severability; and declaring an emergency.

SCR 4 — By Rozell.A concurrent resolution memorializing

the President of the United States, the United States Congress and the Secretary of the United States Department of Health and Human Services to convert Oklahoma to a single-statewide reimbursement locality for medicare; and directing distribution.

SR 8 — By Stipe.A resolution disapproving certain rules of

the Department of Labor; and directing distribution.

COMMITTEE REPORTS


DO PASS:

SB 116 — Transportation, coauthored by Hopkins of the Senate and Craighead (principal House author).

SB 117 — Finance, coauthored by Joiner (principal House author).

SJR 3 — Finance, coauthored by Davis (Guy) (principal House author).


CS for SB 63 — Transportation.

LOBBYIST RESIGNATION

Notice of resignation as a lobbyist has been received from the following:


Meredith, Ted H., as of February 11, 1983.


journed to convene Tuesday, February 15, 1983, at 1:30p.m., which motion prevailed.


Twenty-fifth Legislative DayTuesday, February 15,1983


Roll Call;

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.



The prayer was offered by Reverend Barnett, the guest of Senator Dawson.

SPECIAL INTRODUCTION

Senator Schuelein introduced the family of former Senator J.R. Hall, Jr., and asked unanimous consent that they be granted privileges of the floor during the consideration of SR 7, which was the order.

GENERAL ORDER

SR 7 by Schuelein, Stipe and Luton was called up for consideration.


SR 7 was adopted upon motion of Senator Schuelein, referred for enrollment, and read at length, as follows:

SR 7 — By Schuelein, Stipe, Luton, et al.- A resolution praising the life and accom

plishments of James R. Hall, Jr.; expressing deep sorrow upon his death; extending condolences; making a permanent record; and directing distribution.

WHEREAS, the greatness of Oklahoma is founded upon the contributions of its dedicated public servants who work to improve the quality of government; and

WHEREAS, James R. Hall, Jr. was bom and educated in Oklahoma, having graduated from Fairland High School in Fairland, Oklahoma, in 1940; and

WHEREAS, James R. Hall, Jr. served the State of Oklahoma and the nation as an Air Force B-29 Pilot in World War II and later as Lieutenant Colonel in the Air Force Reserves until his retirement in October, 1982; and

202 Senate Journal

WHEREAS, James R. Hall, Jr., following his military service, received a bachelor’s degree in Government and Political Science from Tulsa University in 1950, aL.L.B. Degree from the University of Oklahoma in 1953, was admitted to the Ottawa County Bar and the Oklahoma Bar Associations and practiced law in the State of Oklahoma; and

WHEREAS, James R. Hall, Jr. was elected in 1950 to the Oklahoma House of Representatives where he served with high distinction for 8 years and was assistant majority floor leader in 1953; and

WHEREAS, James R. Hall, Jr. was elected in 1956 to represent his district in the Oklahoma State Senate as a member of the 26th and the 27th Oklahoma Legislatures; and

WHEREAS, James R. Hall, Jr., during his tenure in the Oklahoma State Senate, authored the Oklahoma Nursing Practice Act and the Mental Health Code, having chaired the Senate Committee on Mental Health during Mental Health Code deliberations; and

WHEREAS, James R. Hall, Jr. devoted many hours to the mental health cause, serving as chairman of the Mental Health Section of the Southern Regional Education Board and as a member of the National Institute of Mental Health and traveling extensively throughout the country and overseas to observe various mental health operations; and

WHEREAS, James R. Hall, Jr. was a member of the Chamber of Commerce, Junior Chamber of Commerce, Frisco Masonic Lodge #24, Adkar Shrine, Indian Consistory, International Medico-Legal Society, American Legion, Veterans of Foreign Wars and the Trial Lawyer’s Association; and

WHEREAS, this outstanding and distinguished life of public service merits the praise and honor of all Oklahomans.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE I ST SESSION OF THE 39TH OKLAHOMA LEGISLATURE:

THAT the Oklahoma State Senate sincerely praises the life, dedicated public service and accomplishments of James R. Hall, Jr., and expresses deep sorrow upon his death.


THAT a copy of this resolution be spread upon the pages of the permanent journal of the Oklahoma State Senate of the 1st Session of the 39th Oklahoma Legislature as a permanent record of the lasting and unanimous expression of sympathy of the Oklahoma State Senate.

THAT copies of this resolution be dispatched to the family of James R. Hall, Jr.

INTRODUCTIONS

Senator Shedrick introduced Harry Mar- ton, Oklahoma Realtor of the Year; Ken Garrett, Associated Builders and Contractors Man of the Year and Max Hanson, Home Builder of the Year, to the Senate and asked unanimous consent, which was granted, that they be granted privileges of the floor to receive Citations.

Senator Watson introduced Coach Gary Howard and his 1982 Championship NAIA Football Team, the Central State Broncos, to the Senate and asked unanimous consent, which was granted, that they be granted privileges of the floor to receive Citations honoring their team.



Twenty-fifth Legislative Day, Tuesday, February 15, 1983 203

Josh M. Drake, Jr., as a member to the War Veterans Commission, to serve a term of three years ending July 1,1985, and effective upon Senate confirmation. Josh Drake Jr. will succeed himself.

Jeannette B. Edmondson, Oklahoma City, as Secretary of State, for a term coterminous with that of the Office of Governor, and effective upon Senate confirmation. Ms. Edmondson will succeed herself.

Jean Hendrick, Lawton, as a member to the Oklahoma State Arts Council, to serve a term unexpired of three years ending July 1, 1984, and effective upon Senate confirmation. Jean Hendrick will succeed Joy Critz (resigned).

Doris Smith, Alva, as a member to the State Arts Council of Oklahoma, to serve a term of three years ending July 1, 1985, and effective upon Senate confirmation. Doris Smith will succeed herself.

Stanton L. Young, Oklahoma City, as a member to the State Transportation Commission, to serve a term ending February 15, 1987, and effective upon Senate confirmation. Stanton Young will succeed H.B. Atkinson.


Senator Miller moved the adoption of the Committee Report on Executive Nominations, shown above and on Pages 189 and 190, which motion was declared adopted, the roll call thereon being as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Johnson, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—43.

Excused; Dawson, Howell, Keller, Kilpatrick and Winn.—5.


SBs 60, 83 and 97 and SCR 2 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.


Advising concurrence in SAs to and passage of Engrossed HB 1031, as amended.

GENERAL ORDER

SB 103 by Cate of the Senate and Hamilton of the House was called up for consideration.

Senator Cate moved that SB 103 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Rhodes, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—40.

Nay: Pierce, Roberts and Young.—3

Excused: Howell, Keller, Kilpatrick, Randle and York.—5.

204 Senate Journal

The bill passed.


GENERAL ORDER

SB 123 by Landis of the Senate and Blodgett of the House was called up for consideration.

Senator Landis moved that SB 123 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Winn, Wright, York and Young.—41.

Nay: Johnson, Schuelein and Watson.—3.

Excused: Howell, Keller, Kilpatrick and Randle.—4.




Advising passage of and returning Engrossed SB 67, coauthored by Denman of the House.

The above numbered SB was referred for enrollment.

GENERAL ORDER

SR 6 by McDaniel was called up for consideration.

SR 6 was adopted upon motion of Senator McDaniel and referred for enrollment.

GENERAL ORDER

SJR 5 by Boatner and Capps of the Senate and Grieser of the House was called up for consideration.

Senator Shedrick asked to coauthor SJR 5, which was the order.

Senator Shedrick moved to amend SJR 5, Page 2, Line IV2, by adding the following language: “ WHEREAS, The Enabling Act of Congress of June 16, 1906, cited as 34 U.S. Statutes at Large, Sections 7, et seq. grants the Legislature of Oklahoma the power to make rules and regulations governing the sale of all public lands set aside by this Act and the appropriate value of improvements upon said land; and” , which amendment was declared adopted.

Senator Boatner moved that SJR 5 be advanced, which motion was declared adopted.

THIRD READING

SJR 5 was read for the third time at length.

On the question of passage of the resolution and emergency, the roll call resulted as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taylor, Watson, Winn, Wright and York.—38.


Nay: Dawson, Johnson, Stipe, Taliaferro, Terrill and Young.—6.

Excused: Howell, Keller, Kilpatrick and Porter.—4.

The resolution and emergency passed.

SJR 5 was referred for engrossment.

GENERAL ORDER

SB 124 by Taliaferro of the Senate and Hooper of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 42.

Nay: Miller and Stipe.—2.

Excused: Howell, Keller, Porter and Randle.

The bill passed.



Pursuant to 70 O.S. Supp. 1982, Sec. 6-155.1 we are hereby appointing the individuals listed as follows as members of the Commission on Educational Planning and Assessment, which appointment shall continue throughout the Thirty-ninth Legislature.s/ Marvin YorkPresident Pro Tempore of the Senate

s/ Dan Draper Speaker of the House

OKLAHOMA COMMISSION ON EDUCATIONAL PLANNING AND ASSESSMENTEducation Deans

Dean Richard Wisniewski University of Oklahoma

Dean Don Robinson Oklahoma State University

Dean Gary Gilliland Southwestern OSU

Non-Education Deans

Dean Smith Holt Oklahoma State University

Dean Tom Staley Tulsa University

Education Faculty

Dr. Doug Aichele Oklahoma State University

Non-Education Faculty

Dr. Alexander Holmes University of Oklahoma

Dr. Bruce OwenSouth Oklahoma City Jr. College

206 Senate Journal

Superintendents

Dr. Larry Zenke Tulsa Public Schools

Principals

Ms. Mahana Bryant Eisenhower Elementary School Tulsa, OK

Lav Citizens

Karen Leveridge Oklahoma City, OK

Dr. Charles Christopher Tulsa, OK

School Board Members

Ms. Jean Brody Oklahoma City, OK

Professional Standards Board

Dr. Kenneth King Oklahoma State University

State Dept, of Education (Ex-Officio)

Dr. John FolksState Dept, of EducationOklahoma City, OK

State Regents (Ex-Officio)

Dr. Joe LeoneState Regents for Higher Education Oklahoma City, OK

Teachers

Ms. Kay Johnson Flower Md. Elem. School Lawton, OK

Mr. Jack Nichols Grant High School Oklahoma City, OK

Mr. Rick Lane Harding Middle School Oklahoma City, OK

Tomasine Cudjoe Eisenhower Middle School Oklahoma City, OK

Ms. Mary Meritt Stillwater Public Schools Stillwater, OK

Governor’s Office (Ex-Officio)

Dr. Carolyn Smith Office of the Governor Oklahoma City, OK

SECOND READING

The following were read the second time and referred to the commmittees indicated;

SB 178 — FinanceSB 179 — JudiciarySB 180 — Business and LaborSB 181 — FinanceSB 182 — JudiciarySB 183 — FinanceSB 184 — JudiciarySB 185 — Business and LaborSB 186 — JudiciarySB 187 — Business and LaborSB 188 — Business and LaborSB 189 — FinanceSB 190 — JudiciarySB 191 — JudiciarySJR 11 — Natural ResourcesSJR 12 — AppropriationsSCR 4 — Human ResourcesSR 8 — Business and LaborHB 1097 — Business and LaborHB 1115 — Judiciary




HB 1022 — By Lewis and Hobson of the House and Terrill of the Senate.

An act relating to amusements and sjx)rts; amending Provisions No. 1,2, 3 ,4 , 5, 7 and 8, State Question No. 553, Initiative Petition No. 315 (3AO.S. Supp. 1982, Sections201, 202, 203, 204, 205, 207 and 208) and 21 O.S. 1981, Section 908; enacting the Oklahoma Horse Racing Act; providing short title; defining terms; creating the Oklahoma Horse Racing Commission; providing for appointment of members; providing eligibility requirements; setting terms of office; providing for removal of members and vacancies; prohibiting membership on the commission due to certain circumstances; providing for organization of the Commission; providing for meetings; requiring the Attorney General to represent the Commission; providing for compensation and reimbursement of expenses of members of the Commission; prohibiting members from performing certain activities; authorizing Commissions to appoint advisory councils and task forces; authorizing Commission to appoint an executive secretary; providing for employment of persons by the executive secretary; requiring a surety bond; providing for stewards; requiring approval of racing officials by the Commission; requiring examination of stewards; stating intent and purpose of the act; providing powers and duties of the Commission; providing for the delegation of certain duties; creating the Oklahoma Horse Racing Commission Revolving Fund; providing for expenditures from the fund; providing for occupation licenses issued by the Commission; providing procedures; giving authority to suspend or revoke occupation licenses to certain persons; providing for organization licenses issued by the Commission; providing procedures; requiring the Commission to set certain minimum standards; providing penalty; requiring approval of certain plans by the State Fire Marshal; requiring certain inspections; authorizing the pari-mutuel system of wagering; providing for the distribution of certain funds retained from money wagered; requiring certain rec

ords to be kept; providing for wagering on certain out-of-state races; allowing fair associations to hold race meetings if approved by the Commission; providing for a tax on admission tickets; directing distribution of the tax proceeds; providing for breakage; providing for unclaimed winning tickets; creating the Oklahoma Breeding Development Revolving Fund; stating purpose of fund; providing for expenditures from the fund; requiring certain rules and regulations to be promulgated by the Commission; prohibiting certain activities and providing penalties; modifying definition of Sabbath-breaking; providing for a Racing Enforcement Unit of the Oklahoma State Bureau of Investigation; stating duties; providing for codification; repealing Provision No. 6, State Question No. 553, Initiative Petition No. 315 (3A O.S. Supp. 1982, Section 206) and Provision No. 10, State Question No. 553, Initiative Petition No. 315, as amended by Section 1 of Enrolled Senate Bill No. 59 of the 1st Session of the 39th Oklahoma Legislature; providing an operative date for certain provisions; and declaring an emergency.

HB 1082 — By Vaughn and Rieger of the House and Leonard of the Senate.- An act relating to crimes and punishments;

amending 21 O.S. 1981, Section 852; making an omission to provide for a child unlawful; providing penalty; removing religious exception; allowing court to assume custody of certain children; allowing certain orders; providing an operative date; and declaring an emergency.


FIRST READING


SB 192 — By McDaniel.An act relating to state government and

waters and water rights; amending 74 O.S.


1981, Section 1003, which relates to the Interlocal Cooperation Act, and 82 O.S. 1981, Sections 1266, 1267, 1268, 1270, 1272, 1274, 1275, 1276 and 1281, which relate to regional water distribution districts; defining terms; stating purpose; stipulating conditions, information and procedures required for establishing regional water districts and providing for petition to and hearing by district court; providing standards for order of court; proscribing powers of districts; exempting districts from taxes and assessments; establishing rates and charges; allowing annexation of additional territory; prohibiting conflict of interest and providing penalties; allowing additional members and restricting withdrawal and jurisdiction; providing for contracts with public agencies; authorizing issuance of revenue obligations; providing for approval of revenue obligations by district court; establishing procedures for creating assessment districts; requiring audit, reports and annual meeting; noting other applicable laws; exempting districts from Corporation Commission jurisdiction; providing for codification; repealing 82 O.S. 1981, Sections 1269, 1271, 1273, 1277, 1278, 1279 and 1280, which relate to regional water distribution districts; providing for liberal interpretation; making act supplementary; providing severability; providing an effective date; and declaring an emergency.

SB 193 — By Winn.An act relating to agriculture; making cer

tain mammal control agents subject to the Merit System of the Personnel Administration Act; providing for codification; repealing Section 2, Chapter 173, O.S.L. 1963, which relates to mammal control agents; and providing an effective date.

SB 194 — By Dennis of the Senate and Williamson of the House.

An act relating to civil procedure; providing for discovery of existence and contents of certain insurance agreements; requiring nonadmissibility into evidence at trial; providing

exception; providing for codification; and declaring an emergency.

SB 195 — By Wright.An act relating to crimes and punishments;

amending 21 O.S. 1981, Section 64, which relates to fines; increasing the limit of the fine; and declaring an emergency.

SB 196 — By Landis.An act relating to revenue and taxation;

amending 68 O.S. 1981, Section 1631, which relates to minimum requirements and additional regulation of fireworks by city ordinance; imposing minimum requirements; and providing proper regulation.

SB 197 — By Giles.An act relating to revenue and taxation;

exempting certain oil and gas well production from taxation for certain limited periods of time; reapportioning certain tax to include the Statewide Water Development Revolving Fund; directing the Corporation Commission to notify the Oklahoma Tax Commission of exempt oil and gas wells; providing for codification; and declaring an emergency.

SB 198 — By Capps of the Senate and Sherrer of the House.

An act relating to agriculture; amending 2 O.S. 1981, Sections 8-21, 8-22 and 8-26, which relate to seed; defining coated seed; requiring certain labeling of coated seed; raising the seed dealer license fee; requiring out-of-state dealers to obtain a license; and providing an effective date.


An act relating to agriculture; amending 2 O.S. 1981, Section 3-20, 3-23, 3-25 and 3-28, which relate to nursery stock growers or dealer’s license and inspections; raising the license and inspection fees; deleting placement of certificate on tag or poster; and providing an effective date.


SB 200 — By York.An act relating to soldiers and sailors and

state government; amending Sections 15,19.20 and 31, Chapter 338, O.S.L. 1982 (74 O.S. Supp. 1982, Sections 840.15, 840.19,840.20 and 841.10), which relate to the Oklahoma Personnel Act; providing short title; defining terms; authorizing state agencies to hire special disabled veterans, exempting such veterans from certain hiring procedures, and providing for permanent status; establishing reporting procedures; providing for codification; and declaring an emergency.

SB 201 — By McCune.An act relating to revenue and taxation;

defining terms; establishing a program of collection assistance to state agencies; providing for collection expenses; requiring notice; allowing hearings; directing division and deposit of monies collected; specifying priority of claims; providing for accounting; allowing disclosure; providing penalty; directing deposit of collection fees; allowing rulemaking; applying Administrative Procedures Act; providing for codification; providing severability; and providing an effective date.

SB 202 — By Cate of the Senate and Hobson of the House.

An act relating to crimes and punishments; amending 21 O.S. 1981, Sections 995.1,995.2, 995.7 and 995.10, which relate to bingo games; defining term; including “ rip- off” and “ pull-tab” games in the definition of bingo games; providing for payment of employees of nonprofit organizations; increasing prize limits; and declaring an emergency.

SB 203 — By Luton.An act relating to schools; amending 70

O.S. 1981, Section 5-107A, which relates to independent school board elections; modifying candidates filing dates; and declaring an emergency.

SB 204 By Luton.An act relating to state government;

amending Section 17, Chapter 338, O.S.L. 1982 (74 O.S. Supp. 1982, Section 840.17), which relates to certified teachers under the Merit System of Personnel Administration; stipulating minimum salaries of teachers, administrators, counselors and librarians; providing for annual salary adjustment and review; allowing full credit for past teaching experience; limiting credit for teaching experience outside the state; defining compensation for employees employed for less than fifty-two weeks annually; and declaring an emergency.

SB 205 — By Schuelein.An act relating to mines and mining;

amending 45 O.S. 1981, Sections 745.2, 774, 786 and 789, which relate to terms of permits, civil actions, review of notice or order and promulgation of rules and regulations; allowing successor in interest to continue mining and reclamation operations under certain conditions; deleting certain procedures; providing for assessment of costs and expenses as required by federal law; requiring Department of Mines to coordinate rules and regulations with Office of Surface Mining; establishing a small operator assistance program and defining term; repealing 45 O.S. 1981, Section 745.16, which relates to determination of probable hydrologic consequences; and providing for codification.

SB 206 — By Leonard of the Senate and Hill of the House.

An act relating to crimes and punishments; amending 21 O.S. 1981, Section 1835, which relates to trespass; requiring permission to enter certain posted property; providing penalties; defining term; providing no conflict with certain statutes; and providing an effective date.

SJR 13 — By Ford.A joint resolution directing the Corpora

tion Commission to require gas, electric.

210 Senate Journal

water and telephone utilities subject to its jurisdiction to define residential consumer in a less restrictive manner; authorizing Corporation Commission to hold public hearing; and declaring an emergency.

COMMITTEE REPORTS


DO PASS:

SB 105 — Appropriations, coauthored by Watson, Cain, and Randle of the Senate and Talley (principal House author).

SB 156 — Finance, coauthored by Johnson (Don) (principal House author).

BILL RELEASED


Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday, February 16, 1983, at 1:30 p.m., which motion prevailed.


Twenty-sixth Legislative DayWednesday, February 16,1983


Roll Call:





SBs 13,103,123 and 124 and SJR 5 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.




GENERAL ORDER

SB 95 by Miller of the Senate and Henry of the House was called up for consideration.

Senator Miller moved that SB 95 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes,

212 Senate Journal

Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—48.

The bill passed.


GENERAL ORDER

SB 106 by Randle and Kilpatrick of the Senate and Deatherage and Barker of the House was called up for consideration.

Senator Terrill moved that SB 106 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—48.



GENERAL ORDER

SJR 3 by Boatner of the Senate and Davis (Guy) of the House was called up for consideration.

Senator Boatner moved to amend SJR 3, Page 5, Line 16, by adding after the word “ district” a period and striking all language through Page 6, Line 3, which amendment was declared adopted.

Senator Boatner moved that SJR 3 be advanced, which motion was declared adopted.

THIRD READING

SJR 3 was read for the third time at length, as follows:

SJR 3 — By Boatner of the Senate and Davis (Guy) of the House.

A joint resolution directing the Secretary of State to refer to the people for their approval or rejection the proposed amendment of Section 9 of Article X of the Oklahoma Constitution, which provides for the amount of ad valorem taxes; authorizing an additional levy to be apportioned among county, city, town and school district; deleting certain obsolete provisions; providing ballot title; and directing fding.

BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 39TH OKLAHOMA LEGISLATURE:

SECTION 1. AMENDATORY The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment of Section 9 of Article X of the Oklahoma Constitution, to read as follows:

Section 9. (a) Except as herein otherwise provided, the total taxes for all purposes on an ad valorem basis shall not exceed, in any taxable year, [fifteen (15)] TWENTY (20) mills on the dollar, no less than five (5) mills of which is hereby apportioned for school district purposes, the remainder to be apportioned between county, city, town and

Twenty-sixth Legislative Day, Wednesday, February 16, 1983 213

school district, by the county excise board, until such time as a regular apportionment thereof is otherwise provided for by the Legislature.

No ad valorem tax shall be levied for state purposes, nor shall any part of the proceeds of any ad valorem tax levy upon any kind of property in this state be used for state purposes.

(b) A tax of four (4) mills on the dollar valuation of all taxable property in the county shall be levied annually in each county of the state for sehool purposes and, until otherwise provided by law, the proceeds thereof shall be apportioned to the school districts of the county by the county treasurer on the basis of the legal average daily attendance for the preeeding school year as certified by the State Board of Education. Provided that in case a school district lies in more than one county, such district shall be deemed a school district of the county having the greater part of the area comprising such district, unless otherwise provided by law, and shall be entitled to partieipate in the proceeds of such tax on the same basis as districts lying wholly within such county but revenue from such tax on the assessed valuation of the district in other counties shall, when collected, be transmitted to the county treasurer of such county having the greater part of the area comprising the district, unless otherwise provided by law, and be apportioned as hereinbefore provided for the proceeds of such tax on the assessed valuation of such county. Not to exceed seventy-five [per centum] PERCENT (75%) of the amount received by a school district from the proceeds of such county levy in any year shall be required to finance the state-guaranteed program of such district.

(c) Upon certification of a need therefor by the board of education of any school district, an additional tax of not to exceed fifteen (15) mills on the dollar valuation of all taxable property in the district shall be levied for the benefit of the schools of such district.

(d) In addition to the levies hereinbefore authorized, any school district may make an emergency levy for the benefit of the schools of such district, in an amount not to exceed five (5) mills on the dollar valuation of the taxable property in such district, when approved by a majority of the [electors] REGISTERED VOTERS of the district voting on the question at an election called for such purpose. This emergency levy shall provide only sufficient additional revenue to meet the needs of the district each fiscal year as determined by the board of such district and must be approved by a majority of the [electors] REGISTERED VOTERS voting on said question at such an election for each fiscal year.

(d-1) In addition to the levies hereinbefore authorized, any school district may make a local support levy for the benefit of the schools of such district, in an amount not to exceed ten (10) mills on the dollar valuation of the taxable property in such district, when approved by a majority of the [ad valorem taxpaying] REGISTERED voters voting on said question at an election for each fiscal year called for such purposes. This local support levy shall provide only sufficient additional revenue to meet the needs of the district for each such fiscal year as determined by the board of such district[;]. [provided, an elector desiring to vote upon such local support levy must present an ad valorem tax receipt for the year immediately preceding before being issued a ballot, or sign a sworn alTidavit certifying the fact of such payment.]

(e) The amount of revenue from school district ad valorem taxes levied under (a) and(c) of this section which any school district may be required to use to finance its state- guaranteed program shall not be in excess of its share, based upon its relative taxpaying ability as may be defined by law, of an amount equivalent to the net proceeds from a fifteen (15) mill tax levy on the aggregate net assessed valuation of the state; but, until such relative taxpaying ability is defined by

214 Senate Journal

the Legislature, the amount of revenue from such taxes which any school district may be required to use to finance its state-guaranteed program shall not be in excess of the net proceeds from an ad valorem tax levy of fifteen (15) mills on the dollar net assessed valuation of the district. No part of the proceeds from any ad valorem levy for emergency levy and local support levy under (d) and (d-1) of this section shall be required to finance the state-guaranteed program of such district.

Nothing in the amendments to the Constitution incorporated herein shall be construed to amend, alter or supersede the present application of Article XII-A, Sections 1 and 2 of the Oklahoma Constitution.

[(f) Should the amendment contained in subsection (d-1) hereof be adopted on September 14, 1965, the school board of any school district in the State may within ten (10) days thereafter file with the Excise Board of the county a supplemental estimate of needs and call a special election within fifteen (15) days after such call upon the new local support levy or emergency levy if not previously submitted, or both. The school board shall advertise notice of such election by publication in at least one issue of a newspaper having general circulation in the school district, or by posting in five public places in the district at least five (5) days before such election. Should the electors of the school district vote such additional levy in such election, the County Excise Board shall forthwith compute the levy and certify appropriations for all affected school districts and refile the budgets with the County Clerk and with the State Auditor. Notice of the filing of said budget shall be given as required by law. The forty (40) day protest period shall begin immediately upon the filing of said budgets.

For the fiscal year 1965-66, the Excise Board of each county shall not finally compute the levy nor certify the appropri

ations for the school districts of the State until after the school district shall have had the opportunity to hold a special election as provided herein.

Temporary appropriations, up to forty per centum (40%) of the estimated funds needed by the school board of any district in the State for the fiscal year 1965-66, may be approved any time after the beginning of such fiscal year.

Upon the computation of the levy and certification of appropriations by the Excise Board, the County Assessors shall prepare or revise the tax rolls and deliver the same to the County Treasurer who shall proceed with the collection of the taxes as required by law.

Should it become necessary, because of the delay in computing levies and certifying appropriations as herein provided, the Governor may, by executive order, extend the time when taxes will be delinquent for the year of 1965, and that year only. Such extension of time shall be for the minimum time necessary to permit the County Assessor and County Treasurer to perform their duties as required by law.]

SECTION 2. The Ballot Title for the proposed Constitutional amendment as set forth in SECTION 1 of this resolution shall be in the following form;

BALLOT TITLE

Legislative Referendum No. State Question No.

THE GIST OF THE PROPOSITION IS AS FOLLOWS:

Shall a Constitutional amendment

amending Section 9 of Article X of the Oklahoma Constitution which provides for ad valorem taxation by authorizing


an additional levy of five (5) mills on the dollar valuation of all taxable property in the county, not to exceed a total of twenty (20) mills on the dollar in any taxable year, except as otherwise provided by law, to be apportioned among county, city, town and school district by the county excise board; and by deleting certain obsolete provisions

be approved by the people?

SHALL THE PROPOSED AMENDMENT BE APPROVED?

□ YES, FOR THE AMENDMENT

□ NO, AGAINST THE AMENDMENT

SECTION 3. The President Pro Tempore of the Senate shall, immediately after the effective date of this resolution, prepare and file one copy thereof, including the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General.

On the question of the passage of Resolution, the roll call was as follows:

Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.— 37.

Nay: Capps, Dahl, Giles, Green, Keller, Miller, Moore, Pierce, Smith, Stipe and Young.— 11.

The Resolution was declared passed.

S IR 3 was ordered referred for engrossment.

GENERAL ORDER

HB 1035 by Haney, et al, of the House and Dawson of the Senate was called up for consideration.

Senators York, Taliaferro and Terrill asked to coauthor HB 1035, which was the order.

Senator Dawson moved that HB 1035 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Y o u n g .^ 8 .



GENERAL ORDER

SJR 1 by McCune of the Senate and Vaughn of the House was called up for consideration.

Senator Randle asked to coauthor SJR 1, which was the order.

Senator McCune asked unanimous consent that SJR 1 be laid over temporarily, which was the order.

216 Senate Journal


HAs to SB 85 were concurred in upon motion of Senator McDaniel.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.

Excused: Shedrick.— 1.





SRs 6 and 7 were correctly enrolled, properly signed and ordered transmitted to the Secretary of State.

GENERAL ORDER

SJR 1 was eonsidered further.

Senator McCune moved that SJR 1 be advanced, whieh motion was declared adopted.

THIRD READING

S JR l was read for the third time at length, as follows:

SJR 1 — By McCune and Randle of the Senate and Vaughn of the House.

A joint resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 10 of Article VI of the Oklahoma Constitution; creating a Pardon and Parole Board; expanding its powers by imposing therein final authority over grants of paroles; reducing powers of the Governor thereby; requiring reports to the Legislature; providing ballot title; and directing filing.


SECTION 1. The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Section 10 of Article VI of the Constitution of the State of Oklahoma, to read as follows:

Section 10. There is hereby created a Pardon and Parole Board to be composed of five(5) members[;], three to be appointed by the Govemor[;], one by the Chief Justice of the Supreme Court[;] AND one by the Presiding Judge of the [Criminal] Court of CRIMINAL Appeals or its successor. An attorney member of the Board shall be prohibited from representing in the courts of this state persons charged with felony offenses. The appointed members shall hold their offiees coterminous with that of the Governor and shall be removable for cause only in the manner provided by law for elective officers not liable to impeachment. It shall be the duty of the Board to make an impartial investigation and study of applicants for commutations, pardons or paroles, and by a majority vote make its reeommendations to the Governor of all APPLICANTS FOR


COMMUTATIONS AND PARDONS deemed worthy of clemency.

The Governor shall have the power to grant, after conviction and after favorable recommendation by a majority vote of the said Board, commutations[,] AND pardons [and paroles] for all offenses, except cases of impeachment, upon such conditions and with such restrictions and limitations as he may deem proper, subject to such regulations as may be preseribed by law. The Legislature shall have the authority to prescribe for those persons convicted of three felonies arising out of separate and distinct transactions a minimum mandatory period of confinement which must be served prior to being eligible to be considered for parole. The Governor shall have power to grant after conviction, reprieves, or leaves of absenee not to exceed sixty (60) days, without the action of said Board.

THE PARDON AND PAROLE BOARD, BY A MAJORITY VOTE OF THE MEMBERS THEREOF, SHALL HAVE THE POWER TO GRANT, AFTER CONVICTION, PAROLES FOR ALL OFFENSES, EXCEPT CASES OF IMPEACHMENT, UPON SUCH CONDITIONS, RESTRICTIONS AND LIMITATIONS AS THE BOARD DEEMS PROPER, SUBJECT TO SUCH REGULATIONS AS MAY BE PRESCRIBED BY LAW.

[He] THE GOVERNOR WITH RESPECT TO REPRIEVES, COMMUTATIONS AND PARDONS, OR THE PARDON AND PAROLE BOARD WITH RESPECT TO PAROLES, shall communicate to the Legislature, at eaeh regular session, each case of reprieve, commutation, parole or pardon[,] THE GOVERNOR OR BOARD HAS granted UNDER THE AUTHORITY OF THIS SECTION, stating the name of the eonvict, the erime of which he was convieted, the date and plaee of conviction, and the date of commutation, pardon, parole and reprieve.

SECTION 2. The Ballot Title for the proposed Constitutional amendment as set forth in SECTION 1 of this resolution shall be in the following form:

BALLOT TITLE




amending Section 10 of Article VI of the Oklahoma Constitution which creates a Pardon and Parole Board by expanding the Board’s powers to include final authority over grants of paroles, reducing thereby the Governor’s powers to grants of reprieves, commutations and pardons, and requiring reports to the Legislature from the Board and the Governor containing information on such activities





SECTION 3. The President Pro Tempore of the Senate shall, immediately after the effective date of this resolution, prepare and file one copy thereof, ineluding the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General.


Aye: Boatner, Cain, Capps, Cate, Choate, Cullison, Dawson, Ford, Green, Hopkins, Howell, Johnson, Lamb, Leonard, McCune,

218 Senate Journal

McIntyre, O’Connor, Pierce, Porter, Randle, Rhodes, Rozell, Schuelein, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—31.

Nay: Branch, Clifton, Combs, Dahl, Dennis, Giles, Kilpatrick, Landis, Luton, McDaniel, Miller, Moore, Roberts, Smith and Winn.— 15.

Excused: Keller and Shedrick.—2.


SJR 1 was ordered referred for engrossment.

SECOND READING


SB 192 — Natural Resources SB 193 — General Government SB 194 — Judiciary SB 195 — Law Enforcement SB 196 — Business and Labor SB 197 — Finance SB 198 — Agriculture SB 199 — Agriculture SB 200 — General Government SB 201 — Finance SB 202 — Law Enforcement SB 203 — Education SB 204 — Education SB 205 — Natural Resources SB 206 — Law Enforcement SJR 13 — Business and Labor HB 1022 — Business and Labor HB 1082 — Judiciary



HB 1119 — By Morgan, Hill, Talley, Conaghan and Holt of the House and Dawson of the Senate.

An act relating to oil and gas; amending 52 O.S. 1981, Section 310; providing for the

plugging, replugging, or repairing of certain wells; providing for certain emergencies; and providing an effective date.

The above numbered HB was read the first time.FIRST READING


SB 207 — By Rozell of the Senate and Davis (Guy) of the House.

An act relating to motor vehicles; amending 47 O.S. 1981, Sections 14-114, Section 7, Chapter 354, O.S.L. 1982 (47 O.S. Supp. 1982, Section 171.1), 172 and 702, and 22 O.S. 1981, Section 1114.9, which relate to oversized and overloaded trucks and bond schedules; requiring reporting of motor vehicle accidents involving damages to architectural structures for public use; requiring notice of accident by vehicle driver; imposing penalty and fine for driver noncompliance; defining structures damaged; penalizing certain persons for unauthorized truck load capacities; penalizing certain persons for special permit violations; raising bail bond fines; authorizing use of Motor Vehicle Act Enforcement Fund; requiring Corporation Commission provide motor vehicles for certain personnel; authorizing the Commission to appoint hearing officer; including certain persons for violation of motor vehicle code; raising motor carrier fine; raising penalty for code violation; requiring deposit of fines in Motor Vehicle Enforcement Fund; providing enforcement officer be uniformed; requiring bond of officers; increasing amount of guaranteed arrest bond certificates issued by trucking association or trucking motor services club; increasing surety company fine for bond forfeiture; increasing fine for noncourt appearance; setting amount of bail bond certificate for truck violations; providing for codification; repealing 47 O.S. 1981, Section 14-117, which relates to penalties and fines for special permit violations; repealing conflicting laws; providing severa


bility; providing an effective date; and declaring an emergency.

SB 208 — By Hopkins.An act relating to motor vehicles; amend

ing Section 1, Chapter 42, O.S.L. 1981 (47 O.S. 1981, Section 22.12) and 47 O.S. 1981, Section 22.17a, which relate to registration of vehicles; requiring registration when owner becomes employed in this state; providing an additional penalty; moving certain language from one section to another; repealing Section 16, Chapter 118, O.S.L.1981 (47 O.S. 1981, Section 22.12), which relates to registration of vehicles of nonresidents; and declaring an emergency.

SB 209 — By Hopkins.An act relating to crimes and punishments;

authorizing off-duty municipal police and peace officers to carry their weapons; providing for codification; and declaring an emergency.

SB 210 — By Taliaferro.An act relating to public health and safety;

amending 63 O.S. 1981, Section 1-2005, as amended by Section 1, Chapter 248, O.S.L.1982 (63 O.S. Supp. 1982, Section 1-2005), which relates to management of controlled industrial waste; removing exclusive jurisdiction of Corporation Commission over deleterious substances produced in connection with the production of oil and gas; allowing Commission to make and enforce certain rules, regulations and orders; and declaring an emergency.

SB 211 — By Taliaferro.An act relating to damages; amending 23

O.S. 1981, Section 14, which relates to contributory negligence; limiting liability to percentage of negligence; and providing an effective date.


An act relating to agriculture; amending 2 O.S. 1981, Sections 3-61, 3-62, 3-63 and 3-65, which relate to pesticides; modifying and adding definitions; restricting distribution and sale of certain items; requiring pesti

cide dealers maintain certain records and provide analytical procedures; and providing an effective date.

SB 213 — By York.An act relating to elections; amending 26

O.S. 1981, Section 2-101, which relates to members of the State Election Board; requiring members shall be appointed by the Governor; providing for Senate approval; and declaring an emergency.

SB 214 — By Boatner.An act relating to the fiscal year; amend

ing 11 O.S. 1981, Section 38-107, which relates to Urban Renewal Authority; modifying dates of fiscal year; amending 19 O.S. 1981, Section 180.65, which relates to county officers; modifying deadline date for budget planning conferences; amending 47 O.S. 1981, Sections 12-309, 22.30m and 464, which relate to motor vehicles; modifying dates of fiscal year; amending 59 O.S. 1981, Section 495a, which relates to deadlines for application for renewal certificate to practice medicine; modifying deadline date for such application; amending 62 O.S.1981, Sections 9.1, 41.7, 41.7a, 41.9, 41.12,41.29, 310.4, 310.5,430.1,431 and 436c, which relate to public finance; modifying dates of fiscal year; changing deadline date for filing of agency work programs; modifying dates for quarterly allotments; changing deadline date for transfers; changing deadlines for availability of unexpended balances of fiscal year; modifying deadline for apportionment and credit of resale property fund; amending 68 O.S. 1981, Section 106; modifying dates of fiscal year; amending 70 O.S. 1981, Sections 3-104, as amended by Section 1, Chapter 369, O.S.L.1982, 5-117, as amended by Section 1, Chapter 143, O.S.L. 1982, 6-101, 6-126, 17-108 and 3903 (70 O.S. Supp. 1982, Sections 3-104 and 5-117), which relate to schools; modifying dates of fiscal year; changing deadline dates for teachers’ contracts; amending 74 O.S. 1981, Sections 85.9A and 902, as amended by Section 1,

220 Senate Journal

Chapter 319, O.S.L. 1982 (74 O.S. Supp. 1982, Section 902), which relate to state government; modifying dates of fiscal year; providing for legislative funding of operation of state government for certain period; and providing an effective date.

SB 215 — By Miller.An act relating to schools; establishing a

Podiatry Education Assistance Program; stating purpose; providing for administration; making an appropriation thereto; setting a lapse date; providing for severability; providing for codification; and declaring an emergency.

SB 216 — By Johnson of the Senate and Johnson (Don) of the House.

An act relating to soldiers and sailors; amending 72 O.S. 1981, Sections 63.8, as amended by Section 9, Chapter 303, O.S.L. 1982 (72 O.S. Supp. 1982, Section 63.8), 241,242 and 243, which relate to re-creating the State Accrediting Agency; and declaring an emergency.

SB 217 — By Johnson of the Senate and Kamas of the House.

An act relating to schools; amending 70 O.S. 1981, Section 6-123 and 6-124, as amended by Sections 9 and 10, Chapter 342, O.S.L. 1982 (70 O.S. Supp. 1982, Sections 6-123 and 6-124), which relate to the Professional Standards Board; re-creating the Professional Standards Board; modifying selection and terms of members; and declaring an emergency.

SB 218 — By Johnson of the Senate and Glover of the House.

An act relating to state government; amending 74 O.S. 1981, Section 564, as amended by Section 11, Chapter 241, O.S.L. 1979; and repealing 74 O.S. 1981, Section 564, as amended by Section 1, Chapter 20, O.S.L. 1979; re-creating the Oklahoma Archives and Records Commission; and declaring an emergency.


An act relating to Oklahoma historical societies and associations; repealing 53 O.S. 1981, Sections 221, 222 and 223, which relate to the Oklahoma Military Historical Commission; and declaring an emergency.

SB 220 — By Johnson of the Senate and Barker of the House.

An act relating to the State Capital and Capitol Building; amending 73 O.S. 1981, Section 83.1, which relates to the Capitol- Medical Center Improvement and Zoning Commission; re-creating the Commission; changing Commission membership; and declaring an emergency.


An act relating to schools; repealing 70 O.S. 1981, Sections 3306.14, 3306.15, 3306.16, 3306.17 and 3306.18, which relate to the University of Oklahoma Health Sciences Center; and declaring an emergency.


An act relating to public health and safety; amending 63 O.S. 1981, Section 1-112, recreating the Health Planning Commission; and declaring an emergency.

SB 223 — By Johnson of the Senate and Sanders of the House.

An act relating to professions and occupations; amending 59 O.S. 1981, Section 161, as amended by Section 1, Chapter 268, O.S.L. 1982 (59 O.S. Supp. 1982, Section 161) and Section 162, as amended by Section 2, Chapter 268, O.S.L. 1982 (59 O.S. Supp. 1982, Section 162), which relates to re-creating the Board of Chiropractic Examiners; and declaring an emergency.


An act relating to waters and water rights; amending 82 O.S. 1981, Sections 1461 and


1470, which relate to the Scenic River Commission; re-creating the Scenic River Commission; limiting years of service in office; authorizing a certain fee; and declaring an emergency.

SB 225 — By Stipe.An act relating to cities and towns; amend

ing 11 O.S. 1981, Sections 51-101, 51-102, 51-104, 51-105, 51-106, 51-107, 51-108, 51-109, 51-111, 51-112 and 51-113, which relate to collective bargaining for police and fire departments; modifying certain definitions; granting Board authority to hire staff; requiring Board maintain list of arbitrators; modifying maximum term of written collective bargaining agreements; limiting issues for arbitration; modifying method of arbitrator selection; establishing procedure for acceptance or rejection of opinion; providing factors to be considered by arbitrators; providing for selection of certain collective bargaining agreements over arbitration; deleting time limit for arbitration; reducing time of notification of municipalities of collective bargaining; requiring Attorney General enforce act; amending 15 O.S. 1981, Section 802, which relates to Uniform Arbitration Act; providing applicability of act to certain collective bargaining agreements; and declaring an emergency.


O.S. 1981, Section 1-109, as amended by Section 1 ,Chapter 13,O.S.L. 1982 (7 0 0 .S. Supp. 1982, Section 1-109), which relates to length of school year; extending certain provisions to 1982-1983 school year; and declaring an emergency.

SB 227 — By Howell.An act relating to revenue and taxation;

amending 68 O.S. 1981, Section 2481.4, which relates to payment of revaluation costs; removing all school districts from the list of recipients of revenue which shall pay revaluation costs; and declaring an emergency.


O.S. 1981, Section 18-114, as amended by Section 16, Chapter 287, O.S.L. 1982 (70 O.S. Supp. 1982, Section 18-114), which relates to minimum salaries; recognizing certain experience for purposes of certification and salary increments; setting an effective date; and declaring an emergency.


O.S. 1981, Section 5-117, as amended by Section 1, Chapter 143, O.S.L. 1982 (70 O.S. Supp. 1982, Section 5-117), which relates to powers and duties, rules and regulations of the board of education of each school district; changing certain provisions regarding the disposal of personal or real property no longer needed by a school district; and declaring an emergency.

SB 230 — By Stipe.An act relating to mines and mining;

amending 45 O.S. 1981, Sections 724, as amended by Section 4, Chapter 181, O. S. L . 1982 and 725 (45 O.S. Supp. 1982, Section 724), which relate to permits and procedure for reclaiming land; changing time period from one year to a period of not more than five years; deleting certain requirements; allowing benching of highwall; requiring fence or barrier under certain conditions; and providing an effective date.

SB 231 — By Boatner.An act relating to agriculture; establishing

a family farm security program; providing short title; defining terms; prescribing duties of the Commissioners of the Land Office; establishing loan procedures and qualifications; creating the Family Farm Security Fund; authorizing the sale of tax-exempt bonds; providing for codification; and providing an effective date.

SB 232 — By Boatner.An act relating to children; amending Sec

tion 18, Chapter 312, O.S.L. 1982 and 10

222 Senate Journal

O.S. 1981, Sections 1138, as amended by Section 29, Chapter 312, O.S.L. 1982, and 1143 (10 O.S. Supp. 1982, Sections 1107.1 and 1138), which relate to conditions of detention of children, placement of delinquent children and transportation of juveniles in the custody of the Department of Human Services; modifying limitation on detaining a child in jail; prohibiting detention in any jail not meeting state standards; authorizing placement of child in a state training school; providing for payment of transportation expense; and declaring an emergency.

SB 233 — By Taylor.An act relating to public health and safety;

defining term; prohibiting sludge disposal in any county without prior consent by governing body; and providing for codification.

SB 234 — By Taylor.An act relating to counties and county

officers; amending 19 O.S. 1981, Sections 901.5, as amended by Section 1, Chapter 98, O.S.L. 1982 and 901.7, as last amended by Section 7, Chapter 320, O.S.L. 1982 (19 O.S. Supp. 1982, Sections 901.5 and 901.7), which relate to fire protection districts, board of directors and powers of directors; modifying terms in certain instances; providing for lease-purchase of certain equipment and supplies; and declaring an emergency.

SB 235 — By Taylor.An act relating to public health and safety

and workers’ compensation; amending 63 O.S. 1981, Section 683.13, which relates to civil defense; exempting volunteer civil defense worker from Workers’ Compensation Act and liability for certain personal injuries; amending 85 O.S. 1981, Section 3, which relates to workers’ compensation definitions; exempting volunteer civil defense worker from the definition of employee; and providing an effective date.

SB 236 — By McDaniel.An act relating to public health and safety;

prohibiting the revocation of eye donations except by the donor; permitting corneal tissue donations by next of kin; requiring certain personnel to ascertain if deceased persons are eye donors; exempting certain instances; limiting liability; providing for codification; and providing an effective date.

SB 237 — By Luton.An act relating to contracts; stating intent;

providing an exemption; defining a term; requiring third party prescription programs to meet certain requirements before being instituted; directing the administrator of third party prescription programs to provide en- rollees with identification cards; providing for a payment; providing for notification of ineligibility and method; prohibiting denial of certain payments; providing for resubmittal of claims; directing reimbursement criteria; prohibiting the limiting of pharmacy selection by consumers; directing the Insurance Department to administer, enforce and promulgate rules and regulations; providing for codification; providing an operative date; and declaring an emergency.

SB 238 — By Shedrick of the Senate and Williams (Penny) and Harbin of the House.

An act relating to state government; amending Section 4, Chapter 147, O.S.L. 1982, as amended by Section 21, Chapter 340, O.S.L. 1982 (74 O.S. Supp. 1982, Section 805.2), which relates to longevity pay plan; deleting certain provisions; requiring longevity payment to employees terminated by reduction in force or retiring from state employment; and declaring an emergency.

SB 239 — By Dennis of the Senate and Sheerer of the House.

An act relating to cemeteries; giving power to charge for burial or exhumation to the governing authority; providing penalty; providing for codification; and declaring an emergency.


SJR 14 — By Miller.A joint resolution directing the Secretary

of State to refer to the people for their approval or rejection the proposed amendment of Section 9 of Article X of the Oklahoma Constitution, which relates to the amount of ad valorem taxes; limiting ad valorem tax increases; providing certain exceptions; excluding personal property from such limitation with exception; providing ballot title; and directing filing.

SJR 15 — By Miller.A joint resolution directing the Secretary

of State to refer to the people for their approval or rejection a proposed amendment to the Constitution of the State of Oklahoma by adding a new section to Article XVII to be designated as Section 2A; creating the office of county assessor; requiring such office to be elective; providing ballot title; and directing filing.

SCR 5 — By Howell.A concurrent resolution memorializing

the United States Congress to repeal provisions of the Tax Equity and Fiscal Responsibility Act of 1982 which require withholding of ten percent of interest and dividends; and directing distribution.

COMMITTEE REPORTS


DO PASS:

SB 108 — General Government, coauthored by Leftwich (principal House author).

SB 137 — General Government, coauthored by Hall (principal House author).

SB 141 — General Government.


SB 8 — Law Enforcement, coauthored by Twidwell (principal House author).

SB 96 — Law Enforcement, coauthored by Hobson (principal House author).

SB 101 — General Government, coauthored by Landis of the Senate.

SJR 7 — General Government, coauthored by Landis, McCune, O’Connor, Randle, Rhodes and Winn of the Senate and Deatherage (principal House author).






Twenty-seventh Legislative DayThursday, February 17,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Leonard, Shedrick and Taylor.—3.




SBs 95 and 106 and SJRs 1 and 3 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.


GENERAL ORDER

SB 116 by Howell and Hopkins of the Senate and Craighead of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Lamb, Landis, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Terrill, Watson, Winn, Wright and Young.-

226 Senate Journal

Excused: Clifton, Keller, Kilpatrick, Leonard, Shedrick, Taylor and York.—7.



GENERAL ORDER

SB 117 by Howell of the Senate and Joiner of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Lamb, Luton, McDaniel, McIntyre, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Stipe, Taliaferro, Terrill, Watson, Winn, Wright and York.—33.

Nay: Choate, Giles, Landis, McCune, Miller, Moore, Pierce and Smith.— 8.

Excused: Clifton, Keller, Kilpatrick, Leonard, Shedrick, Taylor and Young.—7.



SECOND READING


SB 207 — SB 208 — SB 209 — SB 210 — SB 211 — SB 212 — SB 213 — SB 214 — SB 215 — SB 216 — SB 217 — SB 218 — SB 219 — SB 220 — SB 221 — SB 222 — SB 223 — SB 224 — SB 225 — SB 226 — SB 227 — SB 228 — SB 229 — SB 230 — SB 231 — SB 232 — SB 233 — SB 234 — SB 235 — SB 236 — SB 237 — SB 238 — SB 239 — SJR 14 — SJR 15 - SCR 5 — HB 1119

TransportationTransportationLaw EnforcementNatural ResourcesBusiness and LaborAgricultureGeneral GovernmentFinanceAppropriationsAppropriationsAppropriationsAppropriationsAppropriationsAppropriationsAppropriationsAppropriationsAppropriations

- Appropriations- Business and Labor- Education- Finance- Education- Education- Natural Resources- Agriculture- Judiciary- Human Resources- General Government- Business and Labor- Human Resources- Business and Labor- Appropriations- General Government- Finance- General Government- Finance- Natural Resources



HB 1080 — By Kincheloe, Davis (Porter), Gray, Hamilton, Lewis, Virtue, Baker and Williams (Penny) of the House and Watson, Leonard, Cain and Shedrick of the Senate.

Twenty-seventh Legislative Day, Thursday, February 17, 1983 227

An act relating to crimes and punishments; amending 21 O.S. 1981, Sections 1111 and 1114; defining rape; modifying certain circumstances in rape definition; providing for first and second degree rape; deleting the requirement of resistance; and providing an effective date.

HB 1138 — By Baughman and Widener of the House and Dawson of the Senate.

An act relating to revenue and taxation; amending 68 O.S. 1981, Section 1024; providing for the release of certain information by the Tax Commission; allowing information on the volume of certain producing formations and well classifications to be released; authorizing certain agents to examine records; providing for costs; removing certain liabilities; providing for deposit of certain funds; providing exceptions; providing penalties; and providing an effective date.


FIRST READING


SB 240 — By Shedrick of the Senate and Hooper of the House.

An act relating to registered public obligations; providing short title; defining terms; stating legislative intent and purpose; establishing systems of registration; allowing authorized signatures to remain valid; allowing authorized officer to adopt predecessor’s signature; permitting seal and facsimile seal; providing for appointment of certain agents and depositories; providing for collection of cost and certain reimbursement; allowing registered form to satisfy security requirements for deposits; exempting records from public inspection; empowering issuer of such obligations to determine location of maintenance of records; defining scope of act; applying the Uniform Commercial Code and contracts law; providing for codification; providing severability; providing an effective date; and declaring an emergency.

SB 241 — By Capps.An act relating to agriculture; amending 2

O.S. 1981, Section 1024, which relates to the Oklahoma Wheat Commission; providing Commission members shall be appointed with advice and consent of the Senate; and providing an effective date.

SB 242 — By York.An act relating to motor vehicles; provid

ing short title; defining terms; stating purpose of fees; requiring registration; providing penalties; providing for certificates of registration; specifying form of license plates; allowing issue of decals; providing for temporary plates; increasing fees for change in use or weight; providing for refunds; providing for registration by nonresidents; providing for registration of repossessed vehicles; stating penalties; requiring registration of stored vehicles; requiring certain reports; providing penalties for noncompliance; providing for a staggered system of registration; setting registration periods; providing for fractional registration; stating penalties for noncompliance; providing for computation of fees; providing for mail order renewal; providing notice; requiring establishment of certain tag; specifying form; setting registration periods; creating Motor Vehicle Mailing Fund; providing for salvage title; allowing certain credits; providing penalties for failure to register and pay fees; allowing seizure and sale of certain vehicles; providing for confidentiality; listing exceptions; providing for licensing of new vehicles; allowing temporary plates; allowing loan of certain license plates for certain purposes; prohibiting unauthorized release of license plates; providing penalties; providing for payment of fees; providing special license plates for certain persons and purposes; providing license fees for certain vehicles; providing additional taxes for certain buses; providing license fees for certain vehicles; allowing issuance of temporary permits; providing fees; stating restrictions; providing for licensing and registration for manufacturers and dealers; allowing is

228 Senate Journal

suance of special delivery license; allowing installment payments of fees; providing for special mobilized machinery; providing for apportionment of monies; authorizing Commission to administer act; providing rules and regulations; stating powers of local authorities; providing for miscellaneous offenses; stating penalties; prohibiting certain motorbikes from operation on certain streets, requiring notice of such by seller; providing for motor license agents; requiring bond; stating duties; providing for collection and disposition of fees; allowing subagents; establishing Motor License Agent Accounts; requiring deposits; allowing retention of certain fees; requiring reports; providing penalties; providing compensation; apportioning revenue; requiring bond; providing distribution of net income to schools; requiring financial statement; providing for audit and inventory; allowing designation of county treasurer as motor license agent; providing for reciprocal motor vehicle licensing; repealing 47 O.S. 1981, Sections 22, 22.1, as amended by Section 1, Chapter 95, O.S.L. 1982, 22.2, 22.2A, 22.3, 22.3a, 22.4-3, 22.4a, 22.4b, 22.4c, 22.5, 22.5-1, 22.5-2, 22.5a, 22.5b, 22.5c, 22.5d-l, 22.5d-4, 22.5g, 22.5i, 22.5j, as amended by Section 1, Chapter 155, O.S.L. 1982, 22.5k, as amended by Section 16, Chapter 352,0 . 5.L. 1982, 22.51, 22.5m, 22.5n, 22.5q, 22.5r, 22.6, 22.6b, 22.6c, 22.7, 22.8, 22.9, 22.10, 22.11,22.12, as amended by Section1, Chapter 42, O.S.L. 1981, 22.12, as amended by Section 16, Chapter 118, O.S.L. 1981, 22.12a, 22.12a-l, 22.12b, 22.12c, 22.13a, as amended by Section 2, Chapter 95, O.S.L. 1982, 22.14, 22.15a, 22.16, 22.17a, 22.19, 22.20, as amended by Section 3, Chapter 95, O.S.L. 1982, 22.21, 22.22-1, 22.22a, 22.23-1, 22.23a, as amended by Section 4, Chapter 95, O.S.L. 1982, 22.24, 22.28, 22.30a, 22.30c, 22.30h, 22.30J, 22.30k, 22.301, as amended by Section 5, Chapter 96, O.S.L. 1982, 22.30 l-2a, as amended by Section 2, Chapter 155, O.S.L. 1982, 22.30 1-4, 22.30m, 22.30n, 22.30q-l, 22.30r, 22.30s, 22.30t,

22.30u, as renumbered by Section 16, Chapter 95, O.S.L. 1982, 22.31, 22.32, 22.33, 22.34, and Section 7, Chapter 95, O.S.L. 1982 (47 O.S. Supp. 1982, Sections 22.1, 22.5j, 22.5k, 22.13a, 22.20, 22.23a, 22.30 1 and 22.30 l-2a, 22.30u and 22.35), which relate to motor vehicle licenses and registration; and providing for codification.

SB 243 — By Wright.An act relating to criminal procedure; pro

viding that evidence seized in violation of constitutional rights not be suppressed unless the violation was substantial and not in good faith; providing standards for determining whether violations are substantial and whether in good faith; providing for codification; and declaring an emergency.

SB 244 — By Cullison.An act relating to state government;

amending 74 O.S. 1981, Section 85.29, which relates to surety bonds for state officials and employees; designating a minimum blanket bond amount for state departments; permitting increased blanket bond coverage to be paid by requesting state government body; and providing an effective date.

SB 245 — By Moore.An act relating to cities and towns; requir

ing certification of building code or fire code inspectors in certain municipalities; providing procedures for certification; providing for codification; providing severability; and declaring an emergency.

SB 246 — By Porter of the Senate and Williams (Freddye), Cox and Ross of the House.

An act relating to definitions and general provisions; amending 25 O.S. 1981, Section 82.1, which relates to designation and dates of holidays; adding a holiday; and providing an effective date.

SB 247 — By Ford.An act relating to cities and towns; amend

ing 11 O.S. 1981, Section 39-104, which relates to property assessment for improvement districts; exempting property used for


religious purposes from assessment; and declaring an emergency.

SB 248 — By Randle.An act relating to revenue and taxation;

providing that the property tax exemption provided in Section 6, Article X of the Oklahoma Constitution shall not apply to schools operated for a profit; and providing for codification.

SB 249 — By McCune.An act relating to definitions and general

provisions; amending 25 O.S. 1981, Section 307, which relates to the Open Meeting Act; allowing the Pardon and Parole Board to hold executive sessions; and providing an effective date.

SB 250 — By Smith.An act relating to revenue and taxation;

amending 68 O.S. 1981, Sections 2370 and 2371, which relate to taxation of banks and credit unions; providing that personal property leased by a bank to a nonbanking entity or individual is not exempt from personal property ad valorem taxation; and requiring lessee of such personal property to file certain lists of schedules of taxable property with county assessor.

SB 251 — By Smith.An act relating to courts; fixing the bound

aries of Supreme Court judicial districts; repealing 20 O.S. 1981, Section 2, which relates to Supreme Court judicial districts; providing for codification; and declaring an emergency.

SB 252 — By Watson.An act relating to intoxicating liquors; re

quiring nonintoxicating beverages to be sold at ordinary room temperature; providing exceptions; providing for codification; and providing an effective date.

SB 253 — By W atson.An act relating to public health and safety;

providing purpose; requiring certain stan

dards for multiphasic health-screening units; defining one term; restricting delivery of test results; requiring the posting of notices; providing penalty; authorizing certain actions by district attorneys and the Attorney General; providing for codification; and providing an effective date.

SB 254 — By Cate.An act relating to motor vehicles; amend

ing 47 O.S. 1981, Sections 951, 952 and 956, as amended by Sections 1, 2 and 5, Chapter 170, O.S.L. 1982, and Section 6, Chapter 170, O.S.L. 1982 (47 O.S. Supp. 1982, Sections 951, 952, 954A and 956), which relate to wreckers and towing services; expanding and adding terms; authorizing the Department of Public Safety to supervise, govern and control certain vehicles; providing for rules and regulations; providing procedures for removal of certain vehicles from private property; authorizing tow request and authorization form; prohibiting the offer or acceptance of gifts for certain purposes; prohibiting certain interests by certain parties; providing effective date; and declaring an emergency.

SB 255 — By Rozell.An act relating to game and fish; amend

ing 29 O.S. 1981, Section 3-306, which relates to the Oklahoma Wildlife Conservation Department Retirement Fund; exempting certain income from taxation; and declaring an emergency.

SB 256 — By O’Connor.An act relating to counties and county

officers; directing county commissioners to provide courtroom and related facilities in certain cities; and providing for codification.

SB 257 — By York and Clifton of the Senate and Lewis of the House.

An act relating to counties and county officers; amending Section 2, Chapter 249, O.S.L. 1982 (19 O.S. Supp. 1982, Section 1501), which relates duties of county purchasing agent; and raising maximum total amount of rental or lease-purchase agreements.

230 Senate Journal

SB 258 — By York and Clifton of the Senate and Lewis of the House.

An act relating to counties and county officers; amending Section 2, Chapter 249, O.S.L. 1982 (19 O.S. Supp. 1982, Section 1501), which relates to duties of county purchasing agent; and raising the maximum amount of certain purchases.

SB 259 — By Randle.An act relating to state government;

amending 74 O.S. 1981, Section860, which relates to Industrial Development Loan Fund; and increasing bond interest rates.

SB 260 — By McDaniel.An act relating to state government; creat

ing Senatorial district offices; requiring office leases; providing for office expense allowance; providing for reimbursement of office expenditures; providing for full-time or part-time legislative assistants; setting requirements, salaries, travel reimbursement and benefits; requiring annual report to the President Pro Tempore of the Senate; allowing for purchase and lease of office furnishings; providing for furniture and equipment allowance; permitting allowance increase for consecutive terms; specifying title to furniture; providing for codification; and providing for an effective date.

SB 261 — By McDaniel.An act relating to elections; providing

short title; stating public policy; defining terms; specifying application; creating Oklahoma Election Law Enforcement Commission; providing for membership, qualifications, terms, compensation; providing for executive director, employees; establishing powers and duties of Commission; providing for distribution of information; providing for quarters; authorizing advisory opinions; authorizing Commission to monitor limits on certain funding; requiring certain contribution and expenditure reports; providing exclusions and exceptions; providing campaign treasurers, deputy campaign treasurers and depositories for candidates and certain

organizations and committees; providing methods for certain contributions, loans, obligations, expenditures; allowing certain personal expenditures; disallowing anonymous contributions; providing method for deposit and transfer of funds received by treasurers; requiring statements and filing; requiring certain reports by treasurers at certain times; requiring certification and final accounting for campaign funds; providing exclusions and exceptions; requiring document filing by campaign depository; requiring reports for post-election contributions, expenditures, testimonial affairs, solicitations; limiting contributions for gubernatorial inaugural events; requiring reports; providing for certain public solicitations; requiring authorization; requiring certain reports; prohibiting solicitation, acceptance or donation of certain contributions or expenditures; establishing violations and penalties for concealment or misrepresentation of contributions and expenditures; setting additional violations and penalties; allowing for hearing and determination; setting contribution limits for certain offices; prohibiting acceptance of contributions over such limits; requiring Commission to provide procedures for counties and municipal political party committees; providing for contributions for primary and general elections; providing for contribution by spouse; providing for contributions by certain political committees; setting limits for expenditures of candidate’s own funds; creating Oklahoma Campaign Finance Fund; providing for appropriation to and expenditures from Fund; requiring certain bank accounts for candidates; providing for deposits, transfers, expenditures; declaring banks nonliable; providing for matching funds from Oklahoma Campaign Finance Fund for primary and general election; setting limits on funds; providing for threshold deposit for matching; requiring separate accounts for certain funds; restricting purposes for expenditure of monies from Oklahoma Campaign Finance Fund; providing for certain unexpended funds; providing procedures for borrowing by candidate; setting


limits; requiring repayment and certification; providing for stoppage of certain funds; authorizing implementation of act by rule and regulation; providing for codification; repealing 26 O.S. 1981, Sections 15-101, 15- 102, 15-103, 15-104, 15-105, 15-106, 15- 107, 15-108, 15-109, 15-110, 15-111, 15- 112, 18-101, 18-102, 18-103, 18-104, 18- 105, 18-106, 18-107, 18-108, 18-109, 18- 110, 18-111, 18-112 and 18-113, which relate to campaign contibutions and expenditures and the Oklahoma Campaign Finance Act; repealing conflicting laws; and providing severability.

SB 262 — By Young.An act relating to roads, bridges and fer

ries; providing short title; stating purpose; requiring appointment of countywide Rural Roads Study Committees; specifying members and qualifications; requiring technical assistance; providing for election of Committee officers; providing for the designation of subcommittee; providing for subcommittee member appointments; prohibiting compensation and travel reimbursement; providing for delegation of authority; requiring notice to legislators of Committee meetings; requiring public hearings; providing for citizen recommendations to Study Committee; providing for agricultural extension service assistance; mandating county reports to agency; specifying report contents; mandating agency report to Governor and Legislature; mandating deadlines for reports; requiring final reports; specifying date of final report; requiring update of county road inventory; providing for codification; providing severability; and declaring an emergency.


An act relating to state government; amending 45 O.S. 1981, Section 1, as amended by Section 1, Chapter 296, O.S.L. 1982 (45 O.S. Supp. 1982, Section 1), 52 O.S. 1981, Section 420.3, 53 O.S. 1981, Sections 47.1, 141, 163 and 201, 63 O.S. 1981, Sections 1-1802 and 931, 70 O.S.

1981, Section 3311,74 O .S .1981, Sections 203, 324.1, 1522, 1551, 2001, 2002, as amended by Section 56, Chapter 338, O.S.L. 1982 (74 O.S. Supp. 1982, Section 2002), 3902, 3903, 3904,3905, 3906, 3907, 3908, 3909, 3910, 3911, 3912, 3914, 3916 and 3917 and 82 O.S. 1981, Section 932, which relate to the Oklahoma Sunset Law; modifying definitions; providing for review of certain state agencies; removing certain agencies from review procedures; providing for initial review during interim; requiring recommendation from interim review committee by a certain date; requiring Oklahoma Department of Libraries to monitor certain agencies and compile listing; creating theJ.M. Davis Memorial Commission, the Western Plains Indians Arts and Crafts Commission, the Will Rogers Memorial Commission, the State Mining Board, a Council on Law Enforcement Education and Training, the Oklahoma Center for Criminal Justice Board, the Board of Medicolegal Investigations, the State Arts Council, the Oklahoma Liquefied Petroleum Gas Board, the State Fire Marshal Commission, the Commission on Fire Protection Personnel Standards and Education, the State Department of Pollution Control, the Pollution Control Coordinating Board, an Air Quality Council, the Department of Economic and Community Affairs, the Department of Economic Development and the Oklahoma Economic Development Commission; repealing 74 O.S. 1981, Section 3919, which relates to agency review; and declaring an emergency.

SB 264 — By Johnson.An act relating to public health and safety;

enacting the Returnable Beverage Container Management Act; expressing legislative intent; defining terms; creating refund values for beverage containers; requiring such beverage containers to be labeled; creating redemption requirements; creating a handling fee; requiring registration of redemption centers; providing for codification; and providing an effective date.

232 Senate Journal

SB 265 — By Pierce.An act relating to revenue and taxation;

amending 68 O.S, 1981, Sections 102 and102.2, which relate to the Oklahoma Tax Commission; replacing the Tax Commission with a Tax Commissioner; providing for appointment, term of office, removal and vacancy in office; changing statutory references; prohibiting political activity by the Tax Commissioner; repealing 68 O.S. 1981, Section 102.1, as amended by Section 15, Chapter 350, O.S.L. 1982 (68 O.S. Supp. 1982, Section 102.1), which relates to salaries of Tax Commission members; and providing an effective date.

SB 266 — By Cain.An act relating to poor persons; requiring

corporations to make certain information available to the Department of Human Services upon request; providing for codification; and declaring an emergency.

SB 267 — By Shedrick.An act relating to public health and safety;

prohibiting a person from establishing a regional solid waste disposal site unless certain procedures are followed and an election is held; providing for codification; and declaring an emergency.

SB 268 — By Terrill.An act relating to insurance; amending 36

O.S. 1981, Sections 921, 922, 923, 924, 925, 928, 929, 932, 934 and 935, which relate to rates and rating organizations; stating purpose; defining terms; removing description of excessive, inadequate or unfairly discriminatory rates; prohibiting certain bases for risk classifications; describing certain rates in noncompetitive market; guaranteeing certain freedom of contracts; removing certain considerations in determination of rates; determining competitive market; granting Board authority to determine rates in noncompetitive market; providing date by which rates must be filed in competitive markets; allowing certain reference filings; removing provisions for certain effective

dates; providing bases for disapproval of rates; eliminating certain provision concerning rules; removing provisions for deviations from rates; prohibiting monopolies; removing certain provisions relating to regulation; permitting certain acts in concert and providing regulation thereof; eliminating requirement for Board promulgation of certain rules and plans; requiring the filing of certain rules and plans with Board; providing for treatment of violations resulting from systems or computer errors; allowing exemption; verifying validity of certain payment plans; providing for codification; providing severability; and providing an effective date.

SB 269 — By Terrill.An act relating to mental health; amending

43A O.S. 1981, Section 446, which relates to authorization to purchase certain items; authorizing hospitals and community mental health centers to purchase certain vehicles and equipment including handicapped- equipped transportation vehicles and vans; and declaring an emergency.


amending 68 O.S. 1981, Section 2479, which relates to boards of tax roll corrections; requiring such boards to furnish recipients of ad valorem tax monies certain information prior to any hearing by suc|i boards; and allowing such recipients right to appear before such boards and appeal such boards’ decisions.

SB 271 — By Terrill.An act relating to children; amending 10

O.S. 1981, Section 1135, as amended by Section 26, Chapter 312, O.S.L. 1982, (10 O.S. Supp. 1982, Section 1135), which relates to determination of placement and treatment needs of children; authorizing Department of Mental Health to place a child under state custody; and declaring an emergency.

SB 272 — By Green.An act relating to railroads; amending 66

O.S. 1981, Sections 129 and 130, which

H


relate to warning signal devices; providing the Department of Transportation shall regulate warning signal devices; and providing an effective date.

SB 273 — By Taliaferro.An act relating to corporations; allowing

conversion of grain elevator corporations to cooperatives; requiring approval of board of trustees or board of directors; specifying certain information in proposed articles of conversion; requiring majority vote of stockholders or members; providing execution and acknowledgment by certain corporate officers; requiring articles and affidavit be submitted to Secretary of State; providing for payment of fees; requiring approved articles be kept on file with Secretary of State; providing for codification; and declaring an emergency.

SB 274 — By McDaniel.An act relating to the Department of Pub

lic Safety; amending 47 O.S. 1981, Sections 2-101 and 2-105, as amended by Section 11, Chapter 352, O.S.L. 1982 (47 O.S. Supp. 1982, Section 2-105), 73 O.S. 1981, Section 18.2 and 74 O.S. 1981, Section 500.20, which relate to the Commissioner of Public Safety, the Governor and Lieutenant Governor, political candidates, the Governor’s mansion and travel expenses; giving Commissioner of Public Safety responsibility for protection of certain persons; granting Commissioner authority to lease and equip certain motor vehicles; providing that members of the Oklahoma Highway Patrol while in the performance of certain duties shall not be considered as participants in a political campaign; providing for reimbursement of certain travel expenses for Governor’s spouse; and declaring an emergency.

SB 275 — By Landis.An act relating to damages; defining term;

providing for contributory negligence defense under comparative negligence rules in products liability action; providing for codification; and providing an effective date.

SB 276 — By Roberts.An act relating to crimes and punishments;

amending 21 O.S. 1981, Section 1289.18, which relates to sawed-off shotguns and rifles; prohibiting construction of statute to authorize or permit persons convicted of felony to carry sawed-off shotguns or rifles; and declaring an emergency.

SB 277 — By Roberts.An act relating to crimes and punishments;

amending 21 O.S. 1981, Sections 1438 and 1439, which relate to entering certain buildings or structures with certain intent; providing for punishment of breaking and entering without certain intent; defining term; and declaring an emergency.

SB 278 — By Howell.An act relating to schools; providing for

designation of Assistant Attorney General as hearing judge for teacher termination; repealing 70 O.S. 1981, Section 6-103.5, which relates to hearing judge selection; providing for codification; and declaring an emergency.

SB 279 — By Clifton of the Senate and Henry of the House.

An act relating to liens; amending 42 O .S. 1981, Section 153, which relates to proceeds of building or remodeling contracts, mortgages or warranty deeds as trust funds for payment of lienable claims; providing that such trust funds shall not prohibit the filing of certain liens; and providing an effective date.

SB 280 — By Green.An act relating to counties and county

officers, amending 19 O.S. 1981, Section 864.10, which relates to the office of electrical inspector; requiring that violations be reported to the district courts; deleting a certain power of the investigator appointed by the chief electrical inspector of a city, county or metropolitan area; and declaring an emergency.

234 Senate Journal

SB 281 — By Terrill.An act relating to insurance; stating pur

pose; defining terms; requiring health insurance policies to include coverage for alcohol and drug dependencies; requiring coverage to be on the same basis as coverage for other benefits; providing for notification of policyholders; creating the Alcoholism and Drug Dependency Treatment Advisory Committee; describing functions;providing for an annual report; providing for appointment by the Governor; and providing for codification; providing an effective date; and declaring an emergency.

SB 282 — By Terrill.An act relating to state government;

amending Section 23, Chapter 218, O.S.L. 1981 (74 0 .S . 1981, Section 118.9), which relates to exemptions from the Data Processing Planning and Management Act of 1971; exempting the Grand River Dam Authority and the Department of Mental Health; and repealing Section 4, Chapter 204, O.S.L. 1981 (74 0 .S . 1981, Section 118.9), which relates to exemptions from the Data Processing Planning and Management Act of 1971.

SB 283 — By Cain.An act relating to children; requiring the

Department of Human Services, licensed child-placing agencies and certified adoption agencies to provide information on children whose parental rights have been terminated and are legally available for adoption; providing a time limit for compliance; requiring notification of child status changes; providing for removal of information upon adoption of a child; providing for codification; and declaring an emergency.

SB 284 — By Cain.An act relating to public health and safety;

stating legislative intent; providing short title; defining terms; creating Oklahoma Commission on Aging and providing for Commission membership, duties and reimbursement; creating Oklahoma Department on Aging and describing functions; provid

ing for Director and stating responsibility; stating duties of Director; requiring ombudsman program and describing duties; requiring annual report and authorizing utilization of other resources and consultants; making references uniform; stating intent regarding personnel and transferring equipment to Department; requiring division of state into areas and establishment of area agencies on aging; providing for agency personnel and advisory council; stating goals and requirements for area plan on aging; recognizing Department as state agency and requiring cooperation with other entities; providing for codification; repealing conflicting laws; providing severability; and providing an effective date.

SB 285 — By Combs.An act relating to revenue and taxation;

amending 68 O.S. 1981, Sections 217, 806, 1005, 1009, 1010, 2368 and 2385.3, which relate to tax reporting requirements, due dates and penalties, increasing penalties for delinquent taxes; modifying due date of certain reports and returns; changing date for payment of certain withholding taxes; modifying reporting requirements when amounts withheld are above a certain amount; repealing 68 O.S. 1981, Section 2374, which relates to interest on taxes; and declaring an emergency.

SB 286 — By Cate and Johnson.An act relating to counties and county

officers; requiring the district attorney to provide a narrative report of the offense for all offenders sentenced to incarceration for more than two years; directing distribution; requiring standard forms; providing for codification; and providing an effective date.

SB 287 — By Roberts.An act relating to criminal procedure;

amending 22 O.S. 1981, Sections 1321, 1322 and 1323, which relate to stolen property; providing for custody of property reasonably believed to have been stolen; requiring inventory and hearing when property


is not subject of prosecution or charge; providing procedure for return of property to owner; and declaring an emergency.

SB 288 — By Green.An act relating to the State Board of Public

Affairs; amending 2 O.S. 1981, Section 3- 96, 3 O.S. 1981, Section 84, 10 O.S. 1981, Sections 361, 362 and 363, 11 O.S. 1981, Sections 49-100.5 and 50-104.2, 20 O.S. 1981, Section 4, 29 O.S. 1981, Section 3- 103, 37 O.S. 1981, Section 507, 43A O.S. 1981, Sections 14, 21, 25, 32, 33 and 401, 44 O.S. 1981, Sections 225, 226, 227,233.1,234.1 and 235.2, 47 O.S. 1981, Sections 2-101, 2-123, 2-127, 152, 156.1,158.1, 159.1, 159.5 and 159.11, 52 O.S.1981, Section 132, 53 O.S. 1981, Section 124, 57 O.S. 1981, Sections 212, 213, 214 and 509, as amended by Section 10, Chapter 346, O.S.L. 1982 (57 O.S. Supp. 1982, Section 509), 59O.S. 1981, Section 328.15, 60 O.S. 1981, Sections 383, 384, 385, 386, 387, 388 and 389, 61 O.S. 1981, Sections 7, 9, 10, 11, 12, 60, as amended by Section 1, Chapter 70, O.S.L. 1982 (61 O.S. Supp.1982, Section 60), 61, 62, 63, 65, 152, 154 and 157, 62 O.S. 1981, Sections 41.5, 41.16, 57.39, 57.69, 57.89, 57.109, 57.189, 166d and 178, 63 O.S. 1981, Sections 1-604, 2056, 2057, 2058, 2766, 2767, 2768, and 2769, 70 O.S. 1981, Sections 3205, 3306.17 and 3509, 71 O.S. 1981, Section 14, 72 O.S. 1981, Section 164, 73 O.S. 1981, Sections 15, 22, 51, 52, 53, 61,62.1.62.2, 83.1, 83.10, 92, 96, 97, 152, as amended by Section 3, Chapter 318, O. S. L. 1982 (73 O.S. Supp. 1982, Section 152), 163, 168.1, 173, as amended by Section 2, Chapter 117, O.S.L. 1982 (73 O.S. Supp. 1982, Section 173), 176, 206, 209 and 211, 74O.S. 1981, Sections 63, 63.1,64, 66, 67, 67a, 68, 71, 72, 74, 75, 76, 76a, 76b, 77, 77a, 77b, 77c, 77d, 85.3, 85.4, 85.5, 85.8, 85.13, 85.17, 85.21, 85.26, 85.29, 85.31, 85.33, 86.2, 94, 95, 96, 97, 98, 99, 100, 103, 104, 107, 108.1, 109.1, 109.2, 110.1,110.2, 111, 114, 118.8,118.16a, 121, 123f,126.1, 126.2, 128.1, 128.2, 128.3, 129.1,129.2, 500.54, 907, 952, 1201, 1304, as

amended by Section 4, Chapter 333, O.S.L. 1982 (74 O.S. Supp. 1982, Section 1304), 1305 and 1306, as amended by Section 5, Chapter 333, O.S.L. 1982 (74 O.S. Supp. 1982, Section 1306), 1811.4, 1811.4A, Section 1, Chapter 117, O.S.L. 1982, (74 O.S. Supp. 1982, Section 1811.4E), 3001 as amended by Section 1, Chapter 29, O.S.L. 1982 (74 O.S. Supp. 1982, Section 3001), 3009, Sections 3, 4 and 5, Chapter 75 O.S.L. 1982 (74 O.S. Supp. 1982, Sections 4103, 4104 and 4105) and 3909, 80 O.S.1981, Sections 34.2, 34.3, 34.6 and 34.7, 82 O.S. 1981, Sections 932 and 1501-202 and 85 O.S. 1981, Section 1.2, as amended by Section 1, Chapter 271, O.S.L. 1982 (85 O.S. Supp. 1982, Section 1.2), which relate to the State Board of Public Affairs; creating a Department of Public Affairs; changing the name of the State Board of Public Affairs to the Department of Public Affairs; providing for a Director; providing for appointment, term and salary; providing for Assistant Directors; designating classification; providing for codification; repealing 74 O.S. 1981, Sections 61 and 81b, as amended by Section 8, Chapter 317, O.S.L. 1982(740.S. Supp.1982, Section 81b), which relate to the creation and salaries of the State Board of Public Affairs; and providing an effective date.

SB 289 — By Clifton.An act relating to liens; requiring mort

gagee to obtain written statement by mortgagor and written lien waivers; providing certain action for failure to comply; allowing bond as alternative; limiting liability; providing for codification; and providing an effective date.

SB 290 — By Cate.An act relating to anthropological, archae

ological and historical societies and associations; amending 70 O.S. 1981, Section 3309, which relates to anthropology and archaeology; requiring donations of all discoveries from state lands; removing requirements concerning discoveries on federal and private lands; providing for designation of

236 Senate Journal

institutions as repositories; providing for housing of certain discoveries; making certain collections available for public viewing; changing license to permit; specifying content of permit; removing exemption; requiring permits be kept on file; modifying expiration date; providing for revocation of permit; authorizing State Archaeologist of the Oklahoma Archaeological Survey to issue permits and monitor projects; allowing renewal of permit; requiring report; providing for rejection of application; providing for use of fees; requiring forfeiture of certain articles to state; making certain acts unlawful; modifying penalty for violation of act; stating legislative intent; directing recodification; and providing an effective date.

SB 291 — By Cullison.An act relating to revenue and taxation;

amending 68 O.S. 1981, Sections 2479 and 24341, which relate to ad valorem taxation; deleting references to the board of tax roll corrections; providing county board of equalization shall assume duties and responsibilities of board of tax roll corrections; repealing 68 O.S. 1981, Section 2481, which relates to additional compensation for chairman of county equalization board for attendance at board of tax roll corrections meetings; and providing an effective date.

SB 292 — By Stipe.An act relating to prisons and reformator

ies; authorizing Department of Corrections to purchase items and engage personnel in programs utilizing prisoners’ services; requiring all purchases of certain goods and services by state agencies be made from prison industries; allowing purchases through State Board of Public Affairs; permitting purchases by certain other entities; prohibiting purchases by certain persons; providing for specification of styles, patterns, designs and quantities; prohibiting purchase of certain products by state agencies; providing exceptions; providing for resolution of certain disagreements; requiring cooperation of Department of Corrections and State

Board of Public Affairs; providing for preparation and distribution of catalogs; providing for codification; and declaring an emergency.

SB 293 — By Clifton and Capps.An act relating to wills and succession;

stating intent of enacting legislation of Section 186 of Title 84 and Section 181 of Title 60; providing for codification; and declaring an emergency.


O.S. 1981, Sections 3218 and 3219, as amended by Sections 1 and 2, Chapter 144, O.S.L. 1982 (70 O.S. Supp. 1982, Sections 3218 and 3219) which relate to tuition and enrollment fees; defining terms; changing certain fees, approving certain fees and prescribing fee limits at institutions in the Oklahoma State System of Higher Education; providing for codification; providing severability; and declaring an emergency.

SB 295 — By Johnson.An act relating to prisons and reformato

ries; establishing a system of regional detention centers; providing restrictions; applying conditions, rules and regulations; providing for administrative and supervisory authority; providing for codification; and providing an effective date.

SB 296 — By Boatner.An act relating to courts; amending 20

O.S. 1981, Section 92.20 and 92.26, which relate to District Court judicial districts; combining counties of Bryan, Coal and Atoka into one judicial district; redistricting Canadian County; repealing 20 O.S. 1981, Section 92.27, which relates to District No. 26; providing an effective date and declaring an emergency.

SB 297 — By Terrill.An act relating to mental health; amending

43A O.S. 1981, Sections 614, 615 and 616, which relate to community health boards; changing Community Mental Health Board


to the Community Mental Health Planning and Coordination Board; limiting membership; authorizing development of plans with certain adjacent counties in which service areas overlap; modifying the method of appointment to Community Mental Health Boards; requiring certain populations be provided services; directing alcohol and drug treatment planning responsibility; providing for certain grievance protests and procedures; and providing an effective date.

SB 298 — By Cullison.An act relating to counties and county

officers; amending 19 O.S. 1981, Section 956, which relates to county employees’ retirement system in certain counties; providing employees with twenty years service may under certain circumstances retire at the age of fifty-five; and providing an effective date.

SB 299 — By Clifton.An act relating to oil and gas; defining

terms; requiring escrow accounts for unknown or unlocated owners; restricting oil well plugging approvals; releasing liability; requiring location efforts; creating Mineral Owner’s Fund; authorizing investment; providing claim procedures; requiring reports; providing penalties; establishing abandonment and escheat procedures; authorizing rules and regulations; providing for codification; and providing an effective date.


An act relating to the Workers’ Compensation Court; making an appropriation thereto; stating the purpose; directing that certain funds lapse; providing lapse date; providing severability; and declaring an emergency.

SB 301 — By Randle.An act relating to public finance; amend

ing 62 O.S. 1981, Section 41.6, which relates to budget resources; correcting refer

ence to the Director of State Finance; and declaring an emergency.

SB 302 — By Luton of the Senate and Lancaster of the House.

An act relating to counties and county officers; amending 19 O.S. 1981, Section866.1, which relates to Metropolitan Area Planning Commissions for certain cities; modifying population requirements for participation; and declaring an emergency.

SB 303 — By York.An act relating to elections; amending 26

O.S. 1981, Sections 18-102, 18-104 and Section 24, Chapter 338, O.S.L. 1982 (74 O.S. Supp. Section 841.3), which relate to campaign finances and the Campaign Commission; stating legislative policy on Campaign Finances; defining Campaign Commission; adding powers and duties to the Ethics and Merit Commission; requiring report to State Budget Officer; prohibiting certain exjjenses; providing for codification; and providing an effective date.

SB 304 — By York.An act relating to schools; amending 70

O.S. 1981, Section 3218, as amended by Section 1, Chapter 144, O.S.L. 1982 (70 O.S. Supp. 1982, Section 3218) and Section 4423, which relate to junior colleges; changing the name of South Oklahoma City Junior College; and providing an effective date.

SB 305 — By York.An act relating to the State Board of Public

Affairs; amending 2 O.S. 1981, Section 3- 96, 3 O.S. 1981, Section 84, 10 O.S. 1981, Sections 361, 362 and 363, 11 O.S. 1981, Sections 49-100.5 and 50-104.2, 20 O.S. 1981, Section 4, 29 O.S. 1981, Section 3- 103, 37 O.S. 1981, Section 507, 43A O.S. 1981, Sections 14, 21, 25. 32, 33 and 401, 44 O.S. 1981, Sections 225, 226, 227,233.1,234.1 and 235.2, 47 O.S. 1981, Sections 2-101, 2-123, 2-127, 152, 156.1,158.1, 159.1, 159.5 and 159.11, 52 O.S. 1981, Section 132, 53 O.S. 1981, Section

238 Senate Journal

124, 57 O.S. 1981, Sections 212, 213, 214 and 509, as amended by Section 10, Chapter 346, O.S.L. 1982 (57 O.S, Supp. 1982, Section 509), 59 O . S. 1981, Section 328.15, 60 O.S. 1981, Sections 383, 384, 385, 386, 387, 388 and 389, 61 O.S. 1981, Sections 7, 9, 10, 11, 12, 60, as amended by Section 1, Chapter 70, O.S.L. 1982 (61 O.S. Supp. 1982, Section 60), 61, 62, 63, 65, 152, 154 and 157, 62 O.S. 1981, Sections 41.5, 41.16, 57.39, 57.69, 57.89, 57.109, 57.189, 166d and 178, 63 O.S. 1981, Sections 1-604, 2056, 2057, 2058, 2766, 2767, 2768 and 2769, 70 O.S. 1981, Sections 3205, 3306.17 and 3509, 71 O.S. 1981, Section 14, 72 O.S. 1981, Section 164, 73 O.S. 1981, Sections 15, 22, 51, 52, 53, 61,62.1.62.2, 83.1, 83.10, 92, 96, 97, 152, as amended by Section 3, Chapter 318, O . S . L . 1982 (73 O.S. Supp. 1982, Section 152), 163, 168.1, 173, as amended by Section 2, Chapter 117, O.S.L. 1982 (73 O.S. Supp. 1982, Section 173), 176, 206, 209 and 211, 74O.S. 1981, Sections 63,63.1,66, 71,72, 74 ,7 5 ,7 6 ,76a, 76b, 7 7 ,77a, 77b, 77c, 77d,85.3, 85.4, 85.5, 85.8, 85.13,85.17, 85.21, 85.26, 85.29, 85.31, 85.33, 86.2, 95, 96, 97, 98, 99, 100, 103, 104, 107, 108.1,109.1, 109.2, 110.1, 110.2, 111, 114, 118.8, 118.16a, 121, 123f, 126.1, 126.2,128.1, 128.2, 128.3, 129.1, 129.2,500.54, 907, 952, 1201, 1304, as amended by Section 4, Chapter 333, O.S.L. 1982 (74 O.S. Supp. 1982, Section 1304) and 1306, as amended by Section 5, Chapter 333, O.S.L. 1982 (74 O.S. Supp. 1982, Section 1306), 1811.4. 1811.4A, Section 1, Chapter 117, O.S.L. 1982, (74 O.S. Supp. 1982, Section 1811.4E), 3001 as amended by Section 1, Chapter 29, O.S.L. 1982 (74 O.S. Supp. 1982, Section 3001), 3009, Sections 3 ,4 and 5, Chapter 75 O.S.L. 1982 (74 O.S. Supp. 1982, Sections 4103, 4104 and 4105) and 3909, 80 O.S. 1981, Sections 34.2, 34.3, 34.6 and 34.7, 82 O.S. 1981, Sections 932 and 1501-202 and 85 O.S. 1981, Section1.2, as amended by Section 1, Chapter 271, O.S.L. 1982 (85 O.S. Supp. 1982, Section 1.2), which relates to the powers, duties and

responsibilities of the State Board of Public Affairs; requiring the Oklahoma Capitol Improvement Authority to contract with the Director of Public Affairs for certain housekeeping, maintenance, repair and administrative services; providing for transfer of certain employees; prohibiting reduction in grade or salary for such employees; waiving entrance examinations for such employees; providing for transfer of certain funds; records, equipment and supplies; providing for certain office and operations space; expanding duties of Office of Public Affairs to include certain buildings owned by Oklahoma Capitol Improvement Authority; creating an Office of Public Affairs; changing the name of the State Board of Public Affairs to the Office of Public Affairs; providing for a Director; specifying appointment, term and salary; authorizing employment of certain personnel; setting limits; providing for codification; repealing 74 O.S. 1981, Sections 61, 64, 67, 67a, 68 and 81b, as amended by Section 8, Chapter 317, O.S.L. 1982 (74 O.S. Supp. 1982, Section 81b), which relate to the creation, organization, duties and salaries of the State Board of Public Affairs; providing an effective date; and declaring an emergency.

SB 306 — By Randle.An act relating to criminal procedure; pro

viding short title; declaring legislative intent; creating a Commission on Sentencing Guidelines; requiring the Commission to develop certain guidelines and criteria for application; requiring reports to be submitted to the Legislature; providing exceptions and appeals; providing for codification; providing severability; and declaring an emergency.

SB 307 — By Stipe.An act relating to schools; amending 70

O.S. 1981, Section 1-113, which relates to the residence of school children; and providing for residence of children of Governor.

SB 308 —By Smith.An act relating to fees; providing for a flat

fee in civil case filed in district court; amend


ing 28 O.S. 1981, Sections 152.1 and 153, which relate to additional civil charges and costs in criminal cases; modifying certain fees; repealing 28 O.S. 1981, Sections 152, 152.2 and 154, which relate to fees; providing for codification; and declaring an emergency.

SB 309 — By McDaniel and Taliaferro of the Senate and Harbin of the House.

An act relating to state government; amending Section 5, Chapter 338, O.S.L. 1982 and Section 9, Chapter 147, O.S.L. 1982 (74 O.S. Supp. 1982, Sections 840.5 and 840.22), which relate to powers and duties of Office of Personnel Management and audits of classified service; expanding powers and duties of Administrator of the Office of Personnel Management; providing procedures when certain audit results indicate underpayment or overpayment of certain salaries or wages; authorizing other appropriate action; prohibiting delay of certain salaries or wages; requiring certain certification for approval of payroll claims; prohibiting approval for such payroll claims in certain instances; providing exceptions; providing procedures for recovering certain payroll claims paid in excess of amount due; requiring certain reports; requiring due diligence of certifying officer to effect certain compliance; providing for codification; providing for severability; and declaring an emergency.

SB 310 — By Combs.An act relating to insurance; amending 36

O.S. 1981, Section 902, which relates to restrictions on insurance rates; prohibiting use of payroll factor in determination of certain workers’ compensation premium rates; providing exceptions; and providing an effective date.

SB 311 — By Ford.An act relating to oil and gas; defining

terms; requiring certain information on stubs of checks written pursuant to a division order; and providing for codification.

SB 312 — By Randle.An act relating to property; allocating cer

tain portion of state ceiling of qualified mortgage bonds to the Tulsa County Home Finance Authority and the Oklahoma County Housing Agency; requiring that remainder of such state ceiling shall be allocated to the Oklahoma Housing Finance Agency; providing that qualified mortgage bonds may be issued; providing that qualified mortgage bonds may be acceptable collateral for state funds; providing for codification; and declaring an emergency.


amending 68 O.S. 1981, Section 1904, which relates to the amount of taxes levied on real estate mortgages; requiring certain taxes be paid by the mortgagor; and declaring an emergency.


Code; amending 14A O.S. 1981, Sections 3-508A and 3-605, as amended by Section 50, Chapter 335, O.S.L. 1982 (14A O.S. Supp. 1982, Section 3-605), which relate to loan finance charges for certain loans; setting loan limit for loan finance charge for certain supervised loans; providing that for loans over a certain amount finance charges shall be subject to contract; and declaring an emergency.


Code; amending 14A O.S. 1981, Section 3-402, as amended by Section 46, Chapter 335, O.S.L. 1982 (14A O.S. Supp. 1982, Section 3-402) which relates to balloon payments on consumer loans; providing that rate of loan finance charge and length of loan term are exempted from refinancing terms of balloon payment promissory notes; stating that the maximum loan finance charge rate on date of refinancing shall apply to transaction; and declaring an emergency.

240 Senate Journal


Code; amending 14A O.S. 1981, Section 3-202, as amended by Section 36, Chapter 335, O.S.L. 1982 (14A O.S. Supp. 1982, Section 3-202), which relates to additional charges to debtors by lenders; providing that an origination fee of two percent or less of the principal may be contracted for and received as an additional charge in connection with a consumer loan; and declaring an emergency.


Code; providing that sellers and lenders may charge and collect from buyers and debtors a fee for the return of dishonored checks or other such negotiable instruments issued in connection with a consumer credit sale or a consumer loan; requiring disclosure of such charge by seller or lender; providing for codification; and declaring an emergency.


Code; providing that sellers and lenders may charge and collect from buyers and debtors a fee for return of dishonored checks, negotiable orders of withdrawal or share drafts; requiring disclosure that such fee shall be charged and collected; providing for codification; and declaring an emergency.


Code; amending 14A O.S. 1981, Section 3-209, which relates to prepayment of consumer loans; providing that a lender may charge and collect a prepayment penalty not to exceed six months’ interest on unpaid principal on certain loans secured by an interest in land if such loans are prepaid within a certain time period; and declaring an emergency.

SB 320 — By McDaniel and Taliaferro of the Senate and Harbin of the House.

An act relating to fiscal and accounting procedures; amending 56 O.S. 1981, Sec

tion 213, 62 O.S. 1981, Sections 41.3, 41.16 and 41.21 and 74 O.S. 1981, Sections 85.7, Section 25, Chapter 218, O.S.L. 1981 (74 0 .S .1981,Section 85.12),85.23,250.6 and 3109, which relate to the Office of State Finance and procedures on withholding, contracts, payrolls, competitive bids, acquisitions, salaries and invoices; clarifying language; creating the Office of State Finance; providing for encumbrance requirements for payments from state funds; providing procedures for payment of claims or payrolls; specifying competitive bid procedures; providing exceptions from the Central Purchasing Act; exempting claims from notarization; providing exceptions from payroll forms; excepting invoices submitted to the state from notarization; repealing Section 3, Chapter 204, O.S.L. 1981 (74 O.S. 1981, Section 85.12), which relates to acquisitions, providing severability; and declaring an emergency.

SB 321 — By Luton.An act relating to elections; amending 26

O.S. 1981, Sections 1-105, 2-115, 2-132, 3-126, 4-101, 4-120.2, 4-120.7, 5-113, 5- 125, 6-114, 7-117, 7-127, 7-129, 7-130, 8- 111, 8-118, 8-120, 8-121, 10-107, 14-115.2, 14-115.3 and 14-132, which relate to procedures for candidates, county election boards, records, voters, registration forms, filing fees, notice, pollbook, counting, ballots, watchers, recount petitions, district judges, electors, absentee ballots and retention of materials; modifying procedures for substitute candidates in the event of death; increasing per diem; requiring resignation of certain election board members in certain instances; modifying time certain records shall be maintained; clarifying procedure for renewal of certain voter registrations; providing for deposit of certain fees; modifying time for constructive service; providing for designation of precinct ballots; modifying rules for counting votes; modifying criteria for mutilated ballots; changing date for certain filing; requiring watchers to be absent at certain times; increasing deposit for certain


petition; specifying information required on certain petitions; specifying procedures for disqualification of judges; clarifying certain mileage reimbursements; modifying application procedures for absentee ballots; providing for withdrawal of candidacy; limiting certain recourse options; providing for codification; repealing Section 11, Chapter 344, O.S.L. 1981, Page 1224, as amended by Section 1, S.J.R. 29, O.S.L. 1982, which relates to effective dates of absentee ballots; and declaring an emergency.

SB 322 — By Howell.An act relating to public lands; amending

64 O.S. 1981, Sections 1, 2, 3, 41 as amended by page 649 O.S.L. 1961;Sections 4, 43, 51, 52, 56, 57, 58 .1 ,61 ,63 , 65, 66, 67, 68, 69, 70, 80.1,80.2, 82, 82.1,83, 84, 87a, 87b, 87c, 88, 90, 92, 111, 112, 113, 114, 115, 116, 121, 122, 123, 124, 126, 127, 128, 132, 151, 153.1, 154, 155, 156, 157, 159, 160, 162.1, 162.2, 163, 165, 166, 181, 184, 185, 186, 187, 188, 191, 192, 193, 194, 195, 216.3, 216.4, 216.5, 216.6,216.7, 221,222, 225.1,226, 244, 246, 248, 249, 250, 251, 252, 253, 254, 259, 260,260.2, 281, 282, 283, 285, 287, 288, 289, 290, 292, 351, 352, 354, and 371, which relate to the Commissioner of the Land Office, defining terms; updating and revising provisions of this title; deleting obsolete reference, and redundant provisions; conforming statutes to one another; deleting prescription for number of appraisers, title examiners and assistants; allowing operating fund to be used for all operating expenses; removing requirement that all monies on hand be sufficient to close out all first mortgage loans; increasing maximum amount which may be loaned; removing percentage limitation requiring notice within a certain time; allowing certain bonds to be held at a Federal Reserve Bank; eliminating certain disposal of land; increasing percentage of monies from surface leasing which will be apportioned as rental; abolishing the Soil Conservation Division, the lease and sale division and certain provision relating to

conservation improvement and appraisal of lands; removing Commission right to issue certain writ; allowing alternative of fine or imprisonment; making it the secretary’s duty to file monthly report; requiring foreclosure to be detailed in schedule with financial statement; requiring yearly audit and statement of inventory; changing time when audits will be filed; making foreclosure for delinquent taxes apply to other loans; altering the way lands may be sold; deleting certain provisions on how to apportion proceeds; limiting size of tracts sold; requiring reservation of all minerals and providing exceptions; allowing mineral leases; modifying preference right to purchase; abolishing certain interest charged on deferred payments; allowing Commissioners to subdivide and combine additional tracts; removing certain restrictions on lands sold to certain organizations; defining fair cash value; providing for oil and gas leases in streams and rivers; allowing reports more often; repealing 64 O.S. 1981 Sections 6, 9, 10, 41 as amended by Section 4 O.S.L. 1961 page 490; 59, 64, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80.3,80.4, 81, 82.2, 86, 86.1, 89, 91,93, 94, 95, 96, 97, 99, 100, 125, 129, 130, 131, 158, 161, 162, 164, 183, 189, 190, 196, 214, 215, 216.1, 216.2, 216.8, 223, 224, 227, 228, 229.1, 229.2, 229.3, 229.4, 229.5, 241, 245, 255, 256, 260.1, 291, 353, 355, 371a and 381 which relate to obsolete, redundant and unconstitutional provisions dealing with public lands; directing codification; and providing severability.

SB 323 — By Stipe.An act relating to revenue and taxation;

amending6 8 0 .S. 1981, Section501, which relates to Motor Fuel Tax Code; defining unleaded gasoline; providing tax exemption for mixtures or blends of certain motor fuels; providing reciprocal exemption under certain circumstances; requiring report to Oklahoma Tax Commission; specifying expiration dates of exemptions; stating maximum price allowable for unleaded gasoline tax exemption; providing for codification; and declaring an emergency.

242 Senate Journal

SB 324 — By O’Connor.An act relating to labor; amending Sec

tions 2 ,4 ,7 , 10, 13, 14and 18,Chapter 252, O.S.L. 1982 (40O.S. Supp. 1982, Sections141.2, 141.4, 141.7, 141.10, 141.13, 141.14 and 141.18), which relate to Boiler and Pressure Vessel Safety Act; modifying and adding exemption; excluding certain downstream stream lines from rules and regulations; excluding certain pressure vessels from recordkeeping requirements of Commissioner of Labor; providing for certification of certain owner-user inspectors; excluding certain pressure vessels from certain inspection requirements; modifying frequency of inspection of certain pressure vessels; exempting certain companies from requirement to maintain inspection records; exempting certain pressure vessels from Department of Labor jurisdiction; and declaring an emergency.

SB 325 — By Roberts.An act relating to statutes and reports;

amending 75 O.S. 1981, Sections 252, 255, 301, 302, 303, as amended by Section 1, Chapter 284, O.S.L. 1982, 304 and 308, as amended by Section 1, Chapter 18, O.S.L. 1982 (75 O.S. Supp. 1982, Sections 303 and 308), which relate to the Oklahoma Administrative Procedures Act; providing for short title; defining terms; providing for construction of the Oklahoma Administrative Procedures Act; making application to every agency; adopting certain rulemaking requirements; requiring a public rulemaking file to be kept; providing for the adoption, amendment or repeal of rules; providing for emergency rules procedures; providing for exceptions to agency rulemaking; requiring explanatory statements; providing for expiration of proposed rules prior to adoption; requiring permanent filing of rules; specifying number of documents; providing procedures for executive orders; directing copies to Legislature; requiring agencies to conform; making provision for Oklahoma Gazette; directing recodification; providing for codification; repealing 75 O.S. 1981,

Sections 251 and 253, which relate to filing of copies of emergency rules and regulations; providing an effective date; and declaring an emergency.

SJR 16 — By Stipe, Leonard, Dahl, Schuelein, Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young of the Senate and Hill of the House.

A joint resolution citing the achievements of Senator Leon B. Field; directing that the East Tunnel of the Oklahoma State Capitol be known henceforth as the “ Leon B. Field Tunnel ’ ’; requiring placement of appropriate markers; and directing distribution.

SJR 17 — By McDaniel.A joint resolution directing the Secretary

of State to refer to the people for their approval or rejection a proposed amendment to Section 26 of Article V of the Oklahoma Constitution, which relates to the regular sessions of the Legislature; providing for budget sessions for the Legislature in even- numbered years; specifying when the Legislature shall convene; limiting scope and length of sessions; providing for ballot title; and directing filing.


of State to refer to the people for their approval or rejection proposed amendments to Sections 1 and 4 of Article VI of the Constitution of the State of Oklahoma, which relate to executive officers, deleting Superintendent of Public Instruction as an elective office; providing for appointment of such office by the Governor; providing for ballot title; and directing filing.



of State to refer to the people for their approval or rejection a proposed amendment to Section 23 of Article VI of the Constitution of the State of Oklahoma, which relates to the Insurance Commissioner, election, term of office and qualifications; changing the Office of the Insurance Commissioner to an appointive office; providing for appointment by the Governor; providing for ballot title; and directing filing.


of State to refer to the people for their approval or rejection the repeal of Section 40 of Article IX of the Oklahoma Constitution, which prohibits corporations from influencing elections or official duty by certain contributions; providing ballot title; and directing distribution.

SJR 21 — By Johnson of the Senate and Thompson of the House.

A joint resolution redesignating and correcting the legal description of the Clem Hamilton Rune Stone Park; naming the visitor reception center; directing appropriate markers to be placed; and declaring an emergency.

SJR 22 — By Cain of the Senate and Duckett of the House.

A joint resolution directing the Commissioner of Mental Health and the Director of Human Services to jointly prepare a service plan to include reimbursement provisions for community-based clinical services; providing for the identification of community mental health services eligible for reimbursement, the specification of criteria for services to be reimbursed, and an administrative review of the services; directing the Commissioner of Mental Health to certify providers of community mental health services for medicaid reimbursement and to match federal funds with appropriated funds; and declaring an emergency.

SJR 23 — By Stipe.A joint resolution authorizing Samuel

Griggs and his wife, Tillie Louise Griggs to bring suit against the State of Oklahoma to determine the amount of damages, if any, sustained by them as the result of the motor vehicle accident occurring March 10,1981, by reason of a lane of traffic closed for construction; directing the payment of any judgment rendered in said suit out of the State Highway Construction and Maintenance Fund; and declaring an emergency.

SJR 24 — By Randle.A joint resolution directing the Secretary

of State to refer to the people for their approval or rejection a proposed amendment to the Oklahoma Constitution by adding a new section to Article X thereof, to be designated Section 9D; authorizing an additional ad valorem tax levy for a Department of Health, including but not limited to the provision of indigent health care; providing for election; providing for continuance of levy; providing methods for discontinuing levy; allowing joint departments of health between or among governmental subdivisions; providing for no prohibitions on other levies or public funds; providing no limitation on certain other provisions; providing ballot title; directing filing; and ordering a special election.

SJR 25 — By Taliaferro.A joint resolution directing the Secretary

of State to refer to the people for their approval or rejection proposed amendments to the Constitution of the State of Oklahoma; amending Sections 15, 16, 17 and 22 of Article IX, which relates to the Corporation Commission; repealing Section 18a of Article IX which relates to membership of the Commission; changing composition of Corporation Commission from three members to one member; changing term of office; providing transition period; providing effective date; providing ballot title; and directing filing.

244 Senate Journal

SJR 26 — By Rozell.A joint resolution directing the Secretary

of State to refer to the people for their approval or rejection a proposed amendment to Section 32 of Article X of the Constitution of the State of Oklahoma, which relates to State Public Common School Building Equalization Fund; removing limit on amount paid to or for any school district from fund; granting Legislature authority to establish a formula for payments from fund; providing ballot title; and directing filing.

SCR 6 — By Wright.A concurrent resolution relating to educa

tion of the judiciary, district attorneys and assistant district attorneys on sentencing and placement of offenders; stating legislative intent that offenders be properly placed; authorizing the Supreme Court and the District Attorneys Training Coordination Council to provide education on sentencing alternatives; and directing distribution.

SCR 7 — By Giles and Leonard of the Senate and Widener of the House.

A concurrent resolution expressing the will of the Legislature to protect all participants in the allocation of proceeds from sale of well products, and urging the Corporation Commission to immediately use its regulatory and police powers to protect the pro rata shares and rights of participants across the State of Oklahoma by shutting-in wells discriminating between or among co-owners; and directing distribution.UNANIMOUS CONSENT REQUEST

Senator Stipe asked unanimous consent to suspend Rule 5-5 to introduce SR 9, which was the order.

The following resolution was read the first time:

SR 9 — By Stipe.A resolution praising the career and

accomplishments of Glenn “ T-Bone” McDonald; and directing distribution.

COMMITTEE REPORTS



CS for SB 69 — Appropriations.CS for SB 90 — Finance, coauthored by

Roberts and Green of the Senate and Harbin (principal House author) and Caldwell of the House.

CS for SB 94 — Law Enforcement, coauthored by Landis of the Senate and Vaughn (principal House author).

SB 169 — Finance, coauthored by Hopkins of the Senate and Harbin (principal House author).



Harris, Allen, Bonita Hoeme and other irrigation gas purchasers; Wellhead Gas Purchasers Committee of the Texas County Irrigation Association.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Monday, February 21, 1983, at 1:30 p.m ., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 11:25 a.m. to meet Monday, February 21, 1983, at 1:30 p.m.

Twenty-eighth Legislative DayMonday, February 21,1983


Roll Call:



The prayer was offered by Reverend Gerald Holden, First United Methodist Church, Hominy, the guest of Senator Dahl.

UNANIMOUS CONSENT REQUEST- DIRECT TO CALENDAR

Senator Cullison asked unanimous consent to suspend Rules 5-4 and 5-5 to introduce and to refer SR 10 direct to the Calendar, which was the order.

FIRST READING


SR 10 — By Cullison, Wright, Ford, Green, Hopkins, McIntyre, Randle, Rhodes, Smith, Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Dahl, Dawson, Dennis, Giles, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.

A resolution praising the life and accomplishments of Senator Don J. Cummins; expressing deep sorrow upon his death; extending condolences; making a permanent record; and directing distribution.


Senator Cullison introduced Mrs. Sharon Cummins to the Senate and asked unanimous consent, which was granted, that she be allowed privileges of the floor during consideration of SR 10.

GENERAL ORDER

SR 10 by Cullison, et al, was called up for consideration.

246 Senate Journal

SR 10 was adopted upon motion of Senator Cullison, referred for enrollment, and read at length, as follows:

SR 10 — By Cullison, Wright, Ford, Green, Hopkins, McIntyre, Randle, Rhodes, Smith, Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Dahl, Dawson, Dennis, Giles, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.

A resolution praising the life and accomplishments of Senator Don J. Cummins; expressing deep sorrow upon his death; extend-

O ing condolences; making a permanent record; and directing distribution.

WHEREAS, the greatness of Oklahoma is founded upon the contributions of dedicated public servants who work to improve the quality of government; and

WHEREAS, Don J . Cummins was bom in Inola, Oklahoma, and graduated from East Central High School in Tulsa, Oklahoma, in 1957; and

WHEREAS, Don J. Cummins received a degree in Broadcast Journalism in 1961 from the University of Tulsa and simultaneously began his media career at KWGS in Tulsa, Oklahoma; and

WHEREAS, Don J. Cummins was elected to the Oklahoma State Senate in 1979 where he served as vice-chairman of the Roads and Highways Committee, as a member of the Senate committees on Revenue and Taxation, Common Education, Oil and Gas and Energy, and as a member of the Special Senate Committee on Reapportionment and the Executive Committee of the State Legislative Council; and

WHEREAS, prior to being elected to the Oklahoma State Senate, Don J. Cummins worked for 22 years as a professional journalist, having spent seven years at Tulsa Radio Station KVOO and 15 years at Tulsa Radio Station KRMG before beginning his own company, B.M.C. Advertising; and

WHEREAS, Don J. Cummins was the recipient of numerous awards including the Sertoma Service to Mankind Award and being honored in 1978 as Tulsa’s “ Handicapped Citizen of the Year” ; and

WHEREAS, Don J. Cummins served on the Executive Board of the March of Dimes and Arthritis Foundation and as a member of the Mayor’s Commission on Employment of the Handicapped in Tulsa and the Sertoma Club of Broken Arrow; and



THAT the Oklahoma State Senate sincerely praises the life, dedicated public service and accomplishments of Don J. Cummins, and expresses deep sorrow upon his death.


THAT a copy of this resolution be spread upon the pages of the permanent journal of the Oklahoma State Senate of the 1 st Session of the 39th Oklahoma Legislature as a permanent record of the lasting and unanimous expression of the Oklahoma State Senate.

THAT copies of this resolution be dispatched to the family of Don J. Cummins.

Twenty-eighth Legislative Day, Monday, February 21,1983 247




SR 10 was correctly enrolled, properly signed and ordered transmitted to the Secretary of State.





The above numbered Enrolled SB was referred to the Governor.GENERAL ORDER

SB 69 by Randle of the Senate and Deatherage of the House was called up for consideration.

Senator Rozell moved to amend SB 69, Page 7, Line 29, by deleting Sections 10,11 and 12 and renumbering.

Senator Shedrick moved to table the Rozell amendment, which motion was declared failed of adoption, the roll call thereon being as follows:

Aye: Cain, Cate, Clifton, Cullison, Dennis, Hopkins, Johnson, Kilpatrick, Landis, McDaniel, O’Connor, Randle, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, York and Young.— 19.

Nay: Boatner, Branch, Capps, Choate, Combs, Dahl, Dawson, Ford, Giles, Green, Howell, Keller, Lamb, Leonard, Luton, McCune, McIntyre, Miller, Moore, Pierce, Porter, Rhodes, Roberts, Rozell, Smith, Stipe, Watson, Winn and Wright.—29.

Senator Rozell pressed his motion to adopt his amendment, which amendment was declared adopted.

Senator Young moved to amend SB 69, Page 9, Lines 23 through 29, by striking Section 16 and substituting the following:

“ Section 16. There is hereby appropriated to the State Board of Education, from any monies in the General Revenue Fund of the State Treasury, for the fiscal year ending June 30, 1982, the sum of Nine Million Dollars ($9,000,000.00), or so much thereof as may be necessary to provide for minimum revenue guarantee for public schools during the school year 1982-83, pursuant to Section 17 of this act.

Section 17. NEW LAW Any school district qualifying for minimum revenue guarantee funds shall receive a supplement in State Aid. Minimum revenue guarantee funds shall be apportioned and disbursed by the State Board of Education pursuant to the terms of Section 18-101 through 18-118 of Title 70 of the Oklahoma Statutes. Provided that, for any school district that did not receive sufficient funds from the provisions of the School Code, plus all other sources of revenue for the school year 1981-82, to provide an average daily attendance (ADA) expenditure of One Thousand Dollars ($1,000.00) from the general fund for the school year 1981-82, the State Board of Education is directed to supplement the State Aid, provided in this act, within limits of funds appropriated for this purpose, with an amount sufficient to assure the district up to One Thousand Dollars ($1,000.00) from the general fund per ADA, based on previous year or adjusted ADA, during tbe fiscal year 1982-83, provided no district shall receive

248 Senate Journal

additional aid if said district is not levying thirty-five (35) mills of general fund support; provided further, the 1981-82 general fund surplus shall not exceed ten percent (10%) of receipts or expenditures, whichever is greater, and all reserve funds must be based on valid contracts and claims pending. If appropriated funds are in an amount greater than needed to provide One Thousand Dollars ($1,000.00) per capita revenue, the State Department of Education shall prorate the excess at Fifty Dollars ($50.00) per capita revenue levels until funding is exhausted. If funds are not sufficient to fully fund said One Thousand Dollar ($1,000.00) minimum revenue guarantee, each district shall receive Nine Hundred Fifty Dollars ($950.00) and each district qualifying hereunder will then receive its pro rata share of the funds available exceeding Nine Hundred Fifty Dollars ($950.00). No funds allocated for Teacher and Support Personnel Salary Increases shall be chargeable income against the provisions of this section. Provided, any money received by a school district as tuition shall not be chargeable against the provisions of this section. In the calculation of the per capita revenue figure for a school district, funds received for cooperative programs with other districts or for nonrecurring programs shall be excluded. Provided, federal funds received by school districts shall be nonchargeable income against the provisions of this section. Provided further, any funds received by a school district from the Department of Human Services because of the attendance of children living in a state institution located in the district, other than State Aid and funds received by the district on an average daily attendance or enumeration basis, shall be nonchargeable in the calculation of the per capita revenue. Provided further, any funds received by a school district for fiscal support of programs directed by the Department of Mental Health shall not be chargeable under the provisions of this section. Funds received by any local school district from the Department of Vocational and Technical Education for the operation of

an area vocational-technical school shall be nonchargeable under the provisions of this section.” and renumbering subsequent sections.

Senator Luton moved to table the Young amendment, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schue- lein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Y o rk .^ 3 .

Nay: Branch, Landis, Porter, Stipe and Young.—5.

Senator Randle moved to amend SB 69, Page 13, Line 4, by striking Sections 24 and 25 and substituting the following, and renumbering:

“ Section 24. The amount of Three Hundred Seventy Thousand Seven Hundred Fifty Dollars ($370,750.00) as part of the original appropriation of Seven Hundred Forty-nine Thousand Seven Hundred Fifty Dollars ($749,750.00) made to the Office of the Oklahoma Historical Society from the General Revenue Fund of the State Treasury for the fiscal year ending June 30, 1979, by Section 6, Chapter 363, O.S.L. 1980 and continued, redesignated and reappropriated by Section 1, Chapter 18, O.S.L. 1981, and continued and reappropriated by Section 22, Chapter 345, O.S.L. 1982, is hereby continued and reappropriated for the purpose specified by Section 22, Chapter 345, O.S.L. 1982, in the original amount, as adjusted by transfer, less any amount that has been expended upon the effective date of this act. Provided, the Director of State Finance shall, on the effective date of this act, trans-

Twenty-eighth Legislative Day, Monday, February 21, 1983 249

fer not to exceed One Hundred Eighty-one Thousand Two Hundred Thirty-five Dollars ($181,235.00) of the amount remaining to the General Revenue Fund of the State Treasury for the fiscal year ending June 30,1983.” , which amendment was declared adopted.

Senator Randle moved to amend SB 69, Page 23, Line 13, by striking Sections 49 and 50 and substituting therefor the following:

“ Section 49. AMENDATORY Section 4, Chapter 340, O.S.L. 1982, is amended to read as follows:

Section 4. There is hereby appropriated to the Office of the Attorney General, from any monies in the General Revenue Fund of the State Treasury, for the fiscal year ending June 30, 1983, not otherwise appropriated, the [following amount] SUM OF TWO HUNDRED NINETY-SEVEN THOUSAND FOUR HUNDRED FIFTY-EIGHT DOLLARS ($297,458.00), or so much thereof as may be necessary to perform the duties imposed upon the District Attorneys Training Coordination Council as provided by law[:], SUBJECT TO A LIMIT ON PERSONAL SERVICES EXPENDITURES OF TWO HUNDRED TWENTY-FOUR THOUSAND FIVE HUNDRED FIVE DOLLARS ($224,505.00).

[Personal Services $224,505.00Equipment 6,876.00Other Operating Expenses 81,077.00

TOTAL $312,458.00]

Section 50. AMENDATORY Section 7, Chapter 340, O.S.L. 1982, is amended to read as follows:

Section 7. There is hereby appropriated to the Office of the Attorney General, from any monies in the General Revenue Fund of the State Treasury, for the fiscal year ending June 30, 1983, not otherwise appropriated, the sum of [Four Hundred Twenty-nine

Thousand One Hundred Thirty-two Dollars ($429,132.00)] THREE HUNDRED SEVENTY-NINE THOUSAND ONE HUNDRED THIRTY-TWO DOLLARS ($379,132.00), or so much thereof as may be necessary for the offices of district attorneys to pay the cost of a victim-witness coordinator in those districts with a population in excess of sixty thousand (60,000) persons as authorized by Section 13 of this act.” , and renumber, which amendment was declared adopted.

Senator Randle moved to amend SB 69, Page 20, Line 26, by striking Section 42 and renumbering, which amendment was declared adopted.

Senators Winn and McDaniel moved to amend SB 69, Page 29, Line S'A, by adding after Section 60 the following:

“ Section 61. AMENDATORY Section 1, Chapter 240, O.S.L. 1982, is amended to read as follows:

Section 1. There is hereby appropriated to the Board of Equalization, from any monies in the General Revenue Fund of the State Treasury, for the fiscal year ending June 30, 1983, not otherwise appropriated, the [following amount] SUM OF FIFTY THOUSAND SEVEN HUNDRED FORTY-FOUR DOLLARS ($50,744.00) or so much thereof as may be necessary to perform the duties imposed upon the Board of Equalization by law[:].

[Personal Services EquipmentOther Operating Expenses

$43,633.002.163.004.948.00

$50,744.00]

Section 62. AMENDATORY Section 3, Chapter 240, O.S.L. 1982, is amended to read as follows:

Section 3. The Secretary of the Board of Equalization shall appoint and fix the duties

250 Senate Journal

and compensation of employees, not otherwise prescribed by law, necessary to perform the duties imposed upon the Board of Equalization by law. The maximum number of full-time-equivalent employees utilized in the operation of the Board of Equalization shall not exceed two (2) employees during the fiscal year ending June 30, 1983, except as may be authorized under the provisions of Section 3603 of Title 74 of the Oklahoma Statutes. [The total funds from all sources expended by the agency for the payment of any payroll salary or wage, including tax-sheltered deferment contracts authorized by state statute, shall not exceed Thirty-six Thousand Four Hundred Ninety-seven Dollars ($36,497.00), during the fiscal year ending June 30, 1983.]” and renumber subsequent sections, which amendment was declared adopted.

Senator Randle moved to amend SB 69, Page 48, Line 17, by striking the figure “ 2,371,155.00” and substituting therefor the figure “ 2,368,091.00” , which amendment was declared adopted.

Senator Randle moved to amend SB 69, Page 55, Line 23, by striking after the word “ duties” and before “ Section 112” on Line 30 all language and substituting the following: “ imposed upon the Department of Corrections by law, subject to a limit on personal services expenditures of Three Million Six Hundred Seventy-five Thousand Seven Hundred Forty-nine Dollars($3,675,749.00)” , which amendment was declared adopted.

Senator Randle moved to amend SB 69, Page 64, Line 22, by striking Section 134 and substituting the following:

“ Section 134. REDESIGNATION The amount of Four Thousand Nine Hundred Sixty-three Dollars ($4,963.00) of Fifty Thousand Dollars ($50,000.00) appropriated by Section 27, Chapter 374, O.S.L. 1982, to the State Department of Transporta

tion, from any monies in the General Revenue Fund of the State Treasury, for the fiscal year ending June 30, 1982, not otherwise appropriated, to be used by the Aeronautics Commission for the repair, construction and/ or extension of airport runways and their support facilities and for the purchase of land for the purpose of extending airstrips is hereby redesignated to be used by the Aeronautics Commission for operating expenses. If on the date this act is approved, any of the amount originally appropriated, as adjusted by expenditures, encumbrances and transfers, results in an unencumbered balance less than the redesignated amount, then that redesignated amount is reduced to the unencumbered balance.” , and renumbering, which amendment was declared adopted.

Senator Shedrick moved to amend SB 69, Page 11, Lines 24 through 26, by striking after the word “ the” on Line 24 all language on Lines 24, 25 and 26, which amendment was declared adopted.

Senator Stipe moved to amend SB 69, Page 92, Line 12'/2, by adding a new Section 179 to read as follows: “ Section 179. There is hereby appropriated to the State Welfare Commission the sum of $1,000,000.00 to provide personnel to assist in processing new applications for food stamps and emergency assistance grants.” and renumbering subsequent sections, which amendment was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Hopkins, Howell, Luton, McDaniel, McIntyre, Miller, O’Connor, Porter, Roberts, Rozell, Stipe, Taylor, Winn and Young.—26.

Nay: Cain, Capps, Green, Johnson, Keller, Kilpatrick, Lamb, Landis, McCune, Moore, Pierce, Randle, Rhodes, Schuelein, Shedrick, Smith, Taliaferro, Terrill, Watson, Wright and York.—21.

Excused: Leonard.— 1.


Senator Pierce moved to amend SB 69, Page 28, Line 34, by striking Section 60 and renumbering, which amendment was tabled upon motion of Senator Randle upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Hopkins, Howell, Johnson, Kilpatrick, Landis, Luton, McDaniel, McIntyre, Miller, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.— 36.

Nay: Ford, Green, Keller, Lamb, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Smith and Wright.— 12.

Senators Dahl and O’Connor moved to amend SB 69, Page 63, Line 12, by adding after the period and before “ Section 131” the following: “ No new highway construction project, including preliminary engineering, acquisition of right-of-way and actual construction shall be approved and undertaken by the State Transportation Commission until all approved projects which are in the process of construction are completed.”

Senator Randle moved as a substitute amendment to the Dahl-O’Connor amendment to SB 69 as follows: Page 63, Line 12, by adding after the period and before “ Section 131” : “ The State Transportation Commission is directed to report to the Legislature the status of all currently approved projects so that consideration can be given by the Legislature to a prohibition on approval of any new projects until all current projects are completed. Such report shall be given by May 1, 1983.” , which substitute amendment was declared adopted.

The Presiding Officer declared the Dahl- O’Connor amendment moot pursuant to Rule 12-6.

Senator Cate m oved to amend SB 69,Page 92, by adding after the adopted Stipe

amendment, the following: “ Provided, all such additional positions funded hereby shall be made exclusively available to former employees of the Department who are unemployed due to reductions in force implemented within six months prior to the effective date hereof, for a period of thirty (30) days after the effective date hereof. ” , which amendment was declared adopted.

Senator Ford moved to amend SB 69, Page 92, Line 13, by adding a new Section 180 as follows: “ Section 180. The Director of State Finance shall, on the effective date of this act, transfer the sum of One Million Dollars ($1,000,000.00) from any monies available in the Department of Education as transferred by Section 21 of this act from the Regents of Higher Education Entry Year Assistance Fund of the State Treasurer, to the Department of Human Services, as provided by amended Section 179 of this act.” , and renumbering, which amendment was declared adopted.

Senator Randle moved that SB 69 be advanced, which motion was declared adopted.THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—48.



252 Senate Journal

GENERAL ORDER

SB 105 by Shedrick, Watson, Cain and Randle of the Senate and Talley of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—46.

Nay: Stipe.— 1.

Excused: Young.— 1.




Senator Schuelein asked unanimous consent to suspend Rule 5-4 and when SR 9 is read the second time it be referred direct to the Calendar, which was the order.

SECOND READING


SB 240 — FinanceSB 241 — AgricultureSB 242 — FinanceSB 243 — JudiciarySB 244 — General GovernmentSB 245 — General GovernmentSB 246 — General GovernmentSB 247 — FinanceSB 248 — FinanceSB 249 — JudiciarySB 250 — FinanceSB 251 — JudiciarySB 252 — PolicySB 253 — Human ResourcesSB 254 — TransportationSB 255 — FinanceSB 256 — General GovernmentSB 257 — General GovernmentSB 258 — General GovernmentSB 259 — FinanceSB 260 — Standards and EthicsSB 261 — Standards and EthicsSB 262 — TransportationSB 263 — AppropriationsSB 264 — Business and LaborSB 265 — FinanceSB 266 — Human ResourcesSB 267 — Natural ResourcesSB 268 — Business and LaborSB 269 — Human ResourcesSB 270 — FinanceSB 271 — JudiciarySB 272 — TransportationSB 273 — AgricultureSB 274 — TransportationSB 275 — JudiciarySB 276 — Law EnforcementSB 277 — Law EnforcementSB 278 — EducationSB 279 — JudiciarySB 280 — JudiciarySB 281 — Human ResourcesSB 282 — AppropriationsSB 283 — Human ResourcesSB 284 — Human ResourcesSB 285 — FinanceSB 286 — Law EnforcementSB 287 — JudiciarySB 288 — Policy


SB 289 — JudiciarySB 290 — Natural ResourcesSB 291 — FinanceSB 292 — Law EnforcementSB 293 — JudiciarySB 294 — EducationSB 295 — Law EnforcementSB 296 — JudiciarySB 297 — Human ResourcesSB 298 — FinanceSB 299 — Natural ResourcesSB 300 — AppropriationsSB 301 — AppropriationsSB 302 — General GovernmentSB 303 — PolicySB 304 — EducationSB 305 — General GovernmentSB 306 — Law EnforcementSB 307 — EducationSB 308 — JudiciarySB 309 — General GovernmentSB 310 — Business and LaborSB 311 — Natural ResourcesSB 312 — FinanceSB 313 — FinanceSB 314 — FinanceSB 315 — FinanceSB 316 — FinanceSB 317 — FinanceSB 318 — FinanceSB 319 — FinanceSB 320 — FinanceSB 321 — General GovernmentSB 322 — EducationSB 323 — FinanceSB 324 — Business and LaborSB 325 — JudiciarySJR 16 — General GovernmentSJR 17 — PolicySJR 18 — General GovernmentSJR 19 — General GovernmentSJR 20 — Standards and EthicsSJR 21 — JudiciarySJR 22 — Human ResourcesSJR 23 — JudiciarySJR 24 — FinanceSJR 25 — Business and LaborSJR 26 — AppropriationsSCR 6 — Law Enforcement

SCR 7 — Natural ResourcesSR 9 — Direct to CalendarHB 1080 — JudiciaryHB 1138 — Finance



HB 1245 — By Denman, Hamilton, Lancaster, Fitzgibbon, Vaughn, Gray, Abbott, Haney, Barker, Kelly, Thompson, Combs, Davis (Guy), Logan, Henry, Lawter, Lewis, Anderson, Brown, Virtue, Deatherage, Draper, Johnson (Glen), Sanders, Willis, Baker, Boyd, Cole, Cox, Fried, Hastings, Hobson, Holden, Holt, Joiner, Leftwich, Littlefield, McCorkell, Peterson, Riggs, Ross, Stottlemyre, Vanatta, Whorton, Williams (Freddye), Williams (Penny) and Williamson of the House and Terrill of the Senate.

An act relating to definitions and general provisions; amending 25 O.S. 1981, Section 1502; providing certain procedures for civil rights complaints; allowing certain persons to maintain an action in district court in lieu of filing a complaint with the Human Rights Commission; deleting the exhaustion of administrative remedies requirement; providing for venue, costs, and damages for certain actions; providing for codification; and providing an effective date.


COMMITTEE REPORTS


DO PASS:

SCR 3 — Human Resources, coauthored by Ford and Porter of the Senate and Whorton (principal House author), Adair, Little

254 Senate Journal

field and Vaughn of the House.HB 1005 — Human Resources, coau

thored by Cate and Terrill of the Senate. HJR 1001 — Agriculture.


CS for SB 98 — Judiciary.SB 114 — Agriculture, coauthored by

Smith (Bill) (principal House author).HCR 1001 — Finance.


Advising approval by him, February 21, 1983, of Enrolled SB 67.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Tuesday, February 22, 1983, at 1:30 p.m., which motion prevailed.


Twenty-ninth Legislative DayTuesday, February 22,1983


Roll Call;



The prayer was offered by Reverend Holden, the guest of Senator Dahl.



Jack M cG ahey, Ardm ore, as a m em ber tothe Used M otor Vehicle and Parts Com m ission.

Don S. Reynolds, Del City, as a member to the Board of Regents of Oscar Rose Junior College.



RESOLUTION WITHDRAWN — DIRECT TO CALENDAR

Senator Giles asked unanimous consent to suspend Rule 12-23 and withdraw SCR 7 from the Natural Resources Committee and refer same direct to the Calendar, which was the order.

GENERAL ORDER

SCR 7 by Giles and Leonard of the Senate and Widener of the House was called up for consideration.

Senators Landis, Capps and Taliaferro asked to coauthor SCR 7, which was the order.

SCR 7 was adopted upon motion of Senator Giles and referred for engrossment.

256 Senate Journal




GENERAL ORDER

SB 90 by Stipe, Green and Roberts of the Senate and Harbin and Caldwell of the House was called up for consideration.

Senator Stipe asked unanimous consent to amend SB 90 by crippling the Title, which was the order.


THIRD READING



Aye: Boatner, Branch, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Green, Hopkins, Howell, McDaniel, McIntyre, Miller, Porter, Randle, Roberts, Ro- zell, Shedrick, Stipe, Taliaferro, Terrill, Winn and York.—25.

Nay: Cain, Capps, Choate, Giles, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, Moore, O’Connor, Pierce, Rhodes, Schuelein, Taylor, Watson, Wright and Young.—21.

Excused: Ford and Smith.—2.

The bill passed.

Senators Capps, Taylor, Schuelein, Landis, Luton, Cain and Kilpatrick desired to vote Aye on the emergency.




GENERAL ORDER

SCR 3 by Taylor, Ford and Porter of the Senate and Whorton, Adair, Littlefield and Vaughn of the House was called up for consideration.

Senator Schuelein asked to coauthor SCR 3, which was the order.

SCR 3 was adopted upon motion of Senator Taylor and referred for engrossment.

MOTION TO SUSPEND JOINT RULE

Senator Randle moved to suspend Joint Rule 17(a) to extend the deadlines by two weeks for appropriation measures which have been or will be referred to the Appropriations Committee, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Nay: Smith.— 1.

Excused: Ford and Hopkins.—2.

GENERAL ORDER

SB 137 by Terrill of the Senate and Hall of the House was called up for consideration.

Twenty-ninth Legislative Day, Tuesday, February 22,1983 257

Senator Terrill asked unanimous consent that SB 137 be laid over temporarily, which was the order.

GENERAL ORDER

SB 141 by Cain of the Senate and Reimer and Murphy of the House was called up for consideration.

Senator Cain moved that SB 141 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Ford, Randle and Shedrick.—3.

The bill passed.


GENERAL ORDER

SB 108 by York of the Senate and Left- wich of the House was called up for consideration.

Senator Y ork m oved that SB 108 be advanced, w hich m otion was declaredadopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Ford, Randle and Shedrick.—3.

The bill passed.

SB 108 was referred for engrossment. GENERAL ORDER


Senator Terrill moved to amend SB 137, Page 5, Line 3, by adding after the word “ Repealer” the following: “ 47 O.S. 1981, Section 177.2, as amended by” , which amendment was declared adopted.

Senator Choate moved to amend SB 137, Page 2, Line 13, by deleting all language beginning with the word “ Provided” through the word “ license” on Line 17, which amendment was withdrawn upon request of Senator Choate.


THIRD READING


258 Senate Journal


Aye: Boatner, Cain, Capps, Cate, Clifton, Howell, Johnson, Luton, McCune, McDaniel, Pierce, Randle, Rozell, Taylor, Terrill, Winn and York.— 17.

Nay: Branch, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Keller, Kilpatrick, Lamb, Landis, Leonard, McIntyre, Miller, Moore, O’Connor, Porter, Rhodes, Roberts, Schuelein, Smith, Stipe, Taliaferro, Watson and Wright.—28.

Excused: Ford, Shedrick and Young.—3.

The bill failed.


Pursuant to Rule 12-24 Senator Terrill moved that the vote be reconsidered whereby SB 137 failed.

GENERAL ORDER

SB 72 by Dawson of the Senate and Morgan of the House was called up for consideration.

Senator Dawson moved to amend SB 72 by crippling the Title, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Hopkins, Johnson,

Kilpatrick, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—35.

Nay: Giles, Green, Howell, Keller, Lamb, Miller, Moore, Schuelein, Smith and Young.— 10.

Excused: Ford, Shedrick and York.—3.



GENERAL ORDER

SJR 7 by Pierce, Landis, McCune, O’Connor, Randle, Rhodes and Winn of the Senate and Deatherage of the House was called up for consideration.

Senator Pierce asked unanimous consent that SJR 7 be laid over for this legislative day, which was the order.

GENERAL ORDER

SB 101 by Giles and Landis of the Senate and Mentzer of the House was called up for consideration.

Senator Giles moved that SB 101 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb,

Twenty-ninth Legislative Day, Tuesday, February 22, 1983 259

Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Nay: Dahl.— 1.

Excused: Howell and Shedrick.—2.

The bill passed.


GENERAL ORDER

SB 125, considered and amended on Page 194, was considered further.

Senator Stipe moved the adoption of his amendment to SB 125, shown on Page 195, which amendment was declared adopted.

Senator Young moved to amend SB 125, Page 1, Line 4, by adding after the word “ hatchback” and before the word “ type” the following: ‘ ‘, pick up” ; and Page 2, Line1, by striking after the comma all language through the word “ automobile” on Line 2; and Page 2, Line 7, by adding after the word “ to” and before the word “ the” the following: “ ninety percent (90%) of” and on Page2, Line 9, by adding a period after the word “ title” and striking all language through the word “ and” on Line 13 and substituting the following: The first Twenty Dollars ($20.00) of said fee shall be apportioned as provided by Section 22.2A of this title. The remainder of said fee shall be distributed to the county highway fund of the respective counties in accordance with the following formula:

(a) Fifteen percent (15%) of such sum shall be distributed to the various counties in the proportion which the population of each county bears to the total population of the state.

(b) Thirty-five percent (35%) of such sum shall be distributed to the various counties in the proportion which the area of each county bears to the total area of the state.

(c) Fifty percent (50%) of such sum shall be distributed to the various counties in the proportion which the county road mileage of each county bears to the entire county road mileage of this state as certified by the State Transportation Commission.” , on which amendment no action was taken.


Senator Randle moved to withdraw SB 125 from the Calendar and rerefer said bill to the Finance Committee, which motion was declared adopted.

SECOND READING

The following was read the second time and referred to the committee indicated:

HB 1245 — Business and Labor


Advising passage of and transmitting for consideration Engrossed HBs 1083, 1108, 1139,1140,1146 and 1153 and HJR 1010.

HB 1083 — By Murphy, Holden, Vaughn and Harbin of the House and Dennis of the Senate.

An act relating to Oklahoma historical societies and associations; amending 53 O.S. 1981, Section 8.1; modifying requirements for certain transfers of property to the Oklahoma Historical Society; requiring legislative approval; requiring certain studies before such transfers are made; requiring certain written reports and recommendations; setting time limits for studies and recommendations; repealing Section 12, Chapter 345, O.S.L, 1982 (53 O.S. Supp. 1982, Section 8.2); providing an operative date; and declaring an emergency.

260 Senate Journal

HB 1108 — By Davis (Guy), Sherrer, Widener, Murphy and Kelly of the House and Dennis of the Senate.

An aet relating to the Corporation Commission; requiring the Commission to pro- jeet and assess certain electrical power and energy needs; requiring certain utilities, cooperatives, associations and authorities to submit certain forecasting and system planning data; providing for codification; providing an operative date; and declaring an emergency.

HB 1139 — By Abbott.[ State government — amending 74 O.S.

1981, Section 919.1 — Oklahoma Public Employees Retirement System — operative date — emergency ]

HB 1140 — By Abbott.[ State government — amending nine sec

tions in Title 74 — Oklahoma Public Employees Retirement System — operative date — emergency ]

HB 1146 — By Deatherage, Johnson (Glen) and Harris of the House and York of the Senate.

An act relating to civil procedure; amending 12 O.S. 1981, Section 1174, as amended by Section 2, Chapter 302, O.S.L. 1982 (12 O.S. Supp. 1982, Section 1174); providing for notice of certain garnishment actions; making certain notice valid for certain period; and providing an effective date.

HB 1153 — By Abbott, Adair, Caldwell, Converse, Davis (Guy), Denman, Duckett, Duke, Haney, Harbin, Johnson (Don), Kelly, Monks, Murphy, Reimer, Sanders, Sherrer, Shurden, Smith (Jerry), Talley, Vaughn, Willis and Holden of the House and Stipe and Dennis of the Senate.

[ Schools — Teachers’ Group Health and Life Insurance Program — codification — operative date — emergency ]

HJR 1010 — By Harbin, Barker, Deatherage, Davis (Guy), Henry, Hill, Manar, Pite- zel, Sherrer, Widener, Virtue, Little, Clark, Williamson, Henshaw, Holden, Vaughn and Whorton of the House and Randle of the Senate.

A joint resolution directing the Director of State Finance to establish procedures to expedite prompt payment to vendors and payment of interest; defining proper invoice; establishing grievance procedure; and declaring an emergency.

The above numbered HBs and HJR were read the first time.

COMMITTEE REPORTS

The following were reported by the committees named, ordered printed and placed on the Calendar;

DO PASS:

SB 127 — Law Enforcement, coauthored by Harbin (principal House author).

SB 160 — Law Enforcement, coauthored by Moore of the Senate and Harvey (principal House author).

SB 165 — Law Enforcement, coauthored by Brown (principal House author).


SB 120 — Transportation, coauthored by Baker (principal House author).

SB 285 — Finance, coauthored by York of the Senate and Draper (principal House author).

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday, February 23, 1983, at 1:30 p.m., which motion prevailed.


Thirtieth Legisiative DayWednesday, February 23,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Terrill, Watson, Winn, York and Young.—43.

Excused: Ford, Rhodes, Smith, Taylor and Wright.—5.





W illiam Ervin A llford, M cAlester, as am em ber to the Transportation Com m ission.

Roxie Ann McBride, Oklahoma City, as a member to the State Textbook Committee.

COMMITTEE REPORT

The following was reported by the committee named and placed on the Calendar:


SR 8 — Business and Labor.


Senator Stipe introduced Glenn “ T- Bone” McDonald to the Senate and asked unanimous consent, which was granted, that Mr. McDonald be allowed privileges of the floor during consideration of SR 9.

GENERAL ORDER




262 Senate Journal

GENERAL ORDER

SB 169 by York, Lamb and Hopkins of the Senate and Harbin of the House was called up for consideration.

Senator Hopkins moved that SB 169 be advanced, which motion was declared adopted.

THIRD READING



Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, O ’Connor, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Terrill, Watson and York.— 35.

Nay: Boatner, Dawson, Miller, Moore, Pierce, Winn and Young.—7.

Excused: Ford, Kilpatrick, Rhodes, Smith, Taylor and Wright.—6.



GENERAL ORDER



GENERAL ORDER

SB 8 by McCune of the Senate and Twid- well of the House was called up for consideration.


THIRD READING



Aye: Cain, Cate, Choate, Dawson, Green, Hopkins, Howell, Johnson, Leonard, McCune, McIntyre, O’Connor, Randle, Schuelein, Shedrick, Stipe, Taliaferro, Terrill and York.— 19.

Nay: Boatner, Branch, Capps, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Keller, Kilpatrick, Lamb, Landis, Luton, McDaniel, Miller, Moore, Pierce, Roberts, Rozell, Watson, Winn and Young.—23.

Excused: Ford, Porter, Rhodes, Smith, Taylor and Wright.—6.

The bill failed.


Pursuant to Rule 12-24 Senator McCune moved that the vote be reconsidered whereby SB 8 failed.


Pursuant to Rule 12-22, the following nonsubstantive errors were corrected and approved in Engrossed SB 69:

Amendment to page 13, line 4, the words “ striking Sections 24 and 25’’ should read “ striking Sections 25 and 26’’ beginning on Page 13, line 11; page 8, lines 8 and 9, Section 43, strike the words “ in order to implement the reduction made by Section 42 of this act’ ’.

Thirtieth Legislative Day, Wednesday, February 23, 1983 263

SBs 69,72,90,101,108,141 and SCRs 3and 7 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.


GENERAL ORDER

SB 127 by Stipe of the Senate and Harbin of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Terrill, Watson, Winn, York and Young.—42.


The bill passed.


GENERAL ORDER

SB 285 by Combs and York of the Senateand D raper o f the House was called up forconsideration.


THIRD READING



Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dennis, Giles, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Leonard, Luton, McIntyre, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Terrill, Watson and York.—28.

Nay: Branch, Dahl, Dawson, Green, Keller, Landis, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Winn and Young.— 14.


The bill passed.

Senators Dawson, Miller, Landis, Winn and Branch desired to vote Aye on the emergency.




Pursuant to Rule 12-24 Senator Pierce moved that the vote be reconsidered whereby SB 285 passed.GENERAL ORDER

SB 94 by O’Connor and Landis of the Senate and Vaughn of the House was called up for consideration.

264 Senate Journal

Senator Moore asked to coauthor SB 94, which was the order.

Senator Roberts moved to amend SB 94, Page 2, Line 17, by deleting after the word “ than” and before the word “ years” the word and numerals “ ten (10)” and inserting the word and numerals “ five (5)” , which amendment was declared adopted.

Senator O’Connor moved that SB 94 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Roberts, Rozell, Shedrick, Stipe, Taliaferro, Terrill, Watson, Winn, York and Young.—40.

Nay: Howell and Schuelein.—2.




GENERAL ORDER

SB 96 by McCune of the Senate and Hobson of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Terrill, Watson, Winn, York and Young.—39.

Nay: Keller and Lamb.—2.

Excused: Ford, Porter, Randle, Rhodes, Smith, Taylor and Wright.—7.

The bill passed.


GENERAL ORDER

HCR 1001 by Baughman, et al, of the House and Taliaferro of the Senate was called up for consideration.

Senators Capps and Terrill asked to coauthor HCR 1001, which was the order.

HCR 1001 was adopted upon motion of Senator Taliaferro, and referred for engrossment.

MOTION TO RECONSIDER VOTE WITHDRAWN

Senator Pierce asked unanimous consent to withdraw his motion to reconsider the vote whereby SB 285 passed, which was the order.


Thirtieth Legislative Day, Wednesday, February 23, 1983 265

SECOND READING


HB 1083 — General GovernmentHB 1108 — Business and LaborHB 1139 — AppropriationsHB 1140 — FinanceHB 1146 — JudiciaryHB 1153 — Business and LaborHJR 1010 — Finance


Advising passage of and transmitting for consideration Engrossed HBs 1040, 1090, 1091, 1092 and 1158.

HB 1040 — By Henry.An act relating to civil procedure; amend

ing 12 O.S. 1981, Sections 706, 706.2 and706.3, and 85 O.S. 1981, Section42;declaring judgments of courts of record to be liens against certain property; providing for filing and execution of judgment liens; providing procedures for discharge of judgment liens; modifying procedures for discharge of a lien when appeal of judgment is pending before the Supreme Court; requiring additional cash deposits in certain circumstances; providing procedure for workers’ compensation judgments to be entered on judgment docket; and providing an effective date.

HB 1090 — By Deatherage and Barker of the House and Randle and Kilpatrick of the Senate.

[ Oklahoma Police Pension and Retirement Board — appropriation — operative date — emergency ]


[ Oklahoma Firefighters Pension and Retirement Board — appropriations — operative date — emergency ]


[ Oklahoma Law Enforcement Retirement Board — appropriation — operative date — emergency ]

HB 1158 — By Haney and Johnson (Glen) of the House and McDaniel of the Senate.

An act relating to statutes and reports; amending 75 O.S. 1981, Section 255; authorizing monthly publication of the Oklahoma Register; providing for effective date of certain rules, regulations, amendments, revisions, or revocations; requiring State Librarian and Archivist to publish certain rules, regulations, amendments, revisions, or revocations at certain time; modifying distribution; providing for public examination; providing for the systematization of certain designations; providing for notice; and providing an effective date.

The above numbered HBs were read the first time.FIRST READING


SCR 8 — By York.A concurrent resolution authorizing the

Board of Regents of South Oklahoma City Junior College to issue revenue bonds pursuant to Section 4002.1 of Title 70 of the Oklahoma Statutes; and directing distribution.

COMMITTEE REPORTS


DO PASS:

SB 139 — Law Enforcement, coauthored by Smith (Jerry) (principal House author).

266 Senate Journal

SB 183 — Finance, coauthored by Abbott (principal House author).

SB 203 — Education, coauthored by Barker (principal House author).

SB 204 — Education, coauthored by Monks (principal House author).

SCR 5 — Finance, coauthored by Craighead (principal House author).


SB 201 — Finance, coauthored by Atkinson (principal House author).

CS for HB 1018 — Finance.





Chapman, Terry Don, Livestock Marketing Association.

Derryberry, Larry, American Insurance Association; Gallo Wineries; Associated Individual Oklahoma Horse Breeders.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Thursday, February 24, 1983, at 12:00 noon, which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 3:20 p.m. to meet Thursday, February 24, 1983, at 12:00 noon.

Thirty-first Legisiative DayThursday, February 24,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Terrill, Watson, Winn, York and Young.— 38.

Excused: Cate, Choate, Ford, Keller, Luton, Moore, Rhodes, Smith, Taylor and Wright.— 10.




The Com m ittee on Executive N om inations has approved the following nom inations:

Bob Hinton, Altus, as a member to the Tourism and Recreation Commission, to serve a term of six years ending July 1, 1988, and effective upon Senate confirmation. Mr. Hinton will succeed himself.

Candis Ann Holloway, Oklahoma City, as a member to the State Textbook Committee, to serve a term of three years ending May 1, 1985, and effective upon Senate confirmation. Mrs. Holloway will succeed Sharyn Lester.

Gloria Satterlee, Oklahoma City, as a member to the State Textbook Committee, to serve a term of three years ending May 1, 1985, and effective upon Senate confirmation. Ms. Satterlee will succeed Gayle Jones.


SBs 94, 96, 127 and 169 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.

HCR 1001 was correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.

268 Senate Journal


GENERAL ORDER

SB 98 by Dawson of the Senate and Harris of the House was called up for consideration.

Senator Dawson moved to amend SB 98, Page 2, Line 3, by striking the words “ limits the liability of the business entity for” and substituting therefor the words “ seeks to exempt the business entity from liability for personal injury caused by or resulting from” , which amendment was declared adopted.

Senator Dawson moved to amend SB 98, Page 2, Line 12, by striking the word “ damages” and substituting therefor the words “ personal injury” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cul- lison, Dawson, Dennis, Giles, Green, Hopkins, Lamb, Leonard, McCune, McIntyre, O’Connor, Pierce, Porter, Randle, Rozell, Stipe, Terrill, Watson, Winn, York and Young.—25.

Nay: Combs, Dahl, Howell, Johnson, Landis, McDaniel, Miller, Roberts, Schue- lein, Shedrick and Taliaferro.— 11.

Excused: Cate, Choate, Clifton, Ford, Keller, Kilpatrick, Luton, Moore, Rhodes, Smith, Taylor and Wright.— 12.

The bill passed.


GENERAL ORDER

SB 114 by Landis of the Senate and Smith (Bill) of the House was called up for consideration.

Senator Landis moved to amend SB II4 , Page 2, Line 18, by inserting after the word “ application” and before the word “ and” the words “ within thirty days” and Page 3, Line 11, by adding after ‘ ‘ December 31’ ’ the words “ of each year” , which amendment was declared adopted.


THIRD READING



Aye: Cain, Capps, Giles, Hopkins, Johnson, Landis, Pierce, Shedrick, Taliaferro, Terrill, Watson and Young.— 12.

Nay: Boatner, Branch, Combs, Cullison, Dahl, Dawson, Dennis, Green, Howell, Leonard, McCune, McDaniel, McIntyre, Miller, O ’Connor, Porter, Roberts, Rozell, Schuelein, Stipe, Winn and York.—22.

Excused: Cate, Choate, Clifton, Ford, Keller, Kilpatrick, Lamb, Luton, Moore, Randle, Rhodes, Smith, Taylor and Wright.— 14.

The bill failed.

Thirty-first Legislative Day, Thursday, February 24, 1983 269


Pursuant to Rule 12-24 Senator Landis moved that the vote be reconsidered whereby SB 114 failed.

SECOND READING


SCR 8 — Education HB 1040 — Judiciary HB 1090 — Appropriations HB 1091 — Appropriations HB 1092 — Appropriations HB 1158 — Judiciary


Advising passage of and transmitting for consideration Engrossed HB 1136 and HJR 1004.

HB 1136 — By Riggs, Henry, Davis (Frank), Deatherage, Harbin, Gray, Harris, Williams (Penny), Leftwich, Clark and Davis (Porter) of the House and McCune of the Senate.

An act relating to civil procedure; establishing a Dispute Resolution Act; stating purpose; providing short title; defining terms; authorizing establishment of programs to provide mediation services; providing funding; establishing procedures; requiring certain rules and regulations in supplying mediation services; providing for confidentiality; limiting liability in certain circumstances; providing for tolling of statute of limitations under certain conditions; providing for codification; providing an operative date; and declaring an emergency.

HJR 1004 — By Reimer, Kamas, Duckett, Barker, Brown, Cole, Cotner, Deatherage, Gray, Hastings, Kincheloe, McCor- kell. Virtue, Hill and Vaughn of the House and Leonard of the Senate.

A joint resolution relating to the naming of the new therapy facility being constructed at Western State Hospital as the William Blyth Therapy Center; directing the State Board of Public Affairs and the Oklahoma Department of Mental Health to place suitable markers on the facility; and directing distribution.

The above numbered HB and HJR were read the first time.

FIRST READING


SB 326 — By Stipe.An act relating to banks and trust compa

nies; repealing 6 O.S. 1981, Section 502, which relates to bank holding companies, purpose, definitions, prohibitions, exceptions and penalties; and declaring an emergency.

SR I I — By Combs.A resolution memorializing the Congress

of the United States to amend the Employee Retirement Income Security Act to permit state regulation of employee health benefit plans; and directing distribution.

COMMITTEE REPORTS


IX) PASS:

SB 99 — Business and Labor, coauthored by Luton of the Senate and Holden (principal House author).

SB 142 — Business and Labor.SB 187 — Business and Labor, coau

thored by Anderson (principal House author).

SB 236 — Human Resources, coauthored by Brown (principal House author) and Logan of the House.

270 Senate Journal

SCR 4 — Human Resources, coauttiored by Johnson of the Senate and Willis (principal House author).


SB 145 — Policy, substituting Johnson as principal Senate author and Choate as first coauthor and adding as coauthors Kilpatrick, McDaniel, Dennis and Combs of the Senate and Riggs (principal House author). Cole, Hastings, Abbott, Adair, Caldwell, Formby, Holt, Hooper, Baker, Baughman, Blodgett, Boeckman, Boyd, Brewster, Clark, Cona- ghan, Cotner, Craighead, Davis (Frank), Davis (Porter), Denman, Duckett, Garrison, Gordon, Graves, Grieser, Haney, Harbin, Harvey, Henshaw, Hill, Holden, Johnson (Don), Kamas, Kincheloe, Koppel, Lancaster, Little, Logan, McCorkell, Mentzer, Morgan, Osborne, Pitezel, Rieger, Ross, Sanders, Sherrer, Sill, Smith (Bill), Stottle- myre, Talley, Twidwell, Virtue, Whorton, and Williamson of the House.

SB 163 — Human Resources, coauthored by Cate and Porter of the Senate and Barker (principal House author) and Virtue of the House.

SB 321 — General Government, coauthored by Barker (principal House author).



Martin, David R ., First National Bank and Trust Company.


Advising approval by him, February 23, 1983, of Enrolled SB 85.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Monday, February 28, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 12:40 p.m. to meet Monday, February 28, 1983, at 1:30 p.m.

Thirty-second Legislative DayMonday, February 28,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpat- riek. Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—48.


The prayer was offered by Reverend J. Harold Thompson, Carter Park Baptist Church, Del City, the guest of Senator Kilpatrick.


SB 98 was correctly engrossed, properlysigned and ordered transm itted to the H onorable House for consideration.

GENERAL ORDER

SB 183 by Shedrick of the Senate and Abbott of the House was called up for consideration.

Senator Shedrick asked unanimous consent to amend SB 183 by crippling the title, which was the order.


THIRD READING



Aye: Boatner, Branch, Cain, Capps. Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

272 Senate Journal

Excused: Cate, Giles and Miller.— 3.



GENERAL ORDER

SCR 5 by Howell of the Senate and Craighead of the House was called up for consideration.

All members of the Senate except Senator Dawson asked to coauthor SCR 5, which was the order.

SCR 5 was adopted upon motion of Senator Howell and referred for engrossment.

INTRODUCTIONS

Senator Taliaferro introduced his daughter, Denise, to the Senate.

Senator Terrill introduced former Senator Anthony Massad to the Senate.

FIRST READING


SR 12 — By Luton, McIntyre, Young, Hopkins, Taylor, Stipe, Boatner, Porter, Cullison, Giles, Rozell, Roberts, Branch and Dennis.

A resolution directing the Oklahoma Public Welfare Commission, the Department of Human Services and the Director of the Department of Human Services to declare a moratorium on reducing services, personnel or programs; and directing distribution.


Senator Luton asked unanimous consent to suspend Rule 5-4 and refer SR 12 direct to the Calendar, to which request objection was heard.

Senator Luton moved to suspend Rule 5-4 to refer SR 12 direct to the Calendar for consideration, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Capps, Cate, Clifton, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Hopkins, Howell, Lamb, Landis, Luton, McDaniel, McIntyre, O’Connor, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Winn, York and Young.—32.

Nay: Cain, Choate, Combs, Green, Johnson, Keller, Kilpatrick, Leonard, McCune, Moore, Pierce, Rhodes, Smith, Watson and Wright.— 15.


GENERAL ORDER

SR 12 by Luton, et al, was called up for consideration.

Senator Winn asked to coauthor SR 12, which was the order.

SR 12 was adopted upon motion of Senator Luton and referred for enrollment, the roll call thereon being as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York andYoung.—42.

Nay: Green, McCune, Moore and Pierce.—4.

Excused: Dahl and Miller.—2.

Thirty-second Legislative Day, Monday, February 28, 1983 273

GENERAL ORDER

HB 1005 by Brown, et al, of the House and Watson, Cate and Terrill of the Senate was called up for consideration.

Senator Watson moved that HB 1005 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Ford, Hopkins, Howell, Johnson, Kilpatrick, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Porter, Randle, Roberts, Rozell, Shedrick, Smith, Taylor, Terrill, Watson, Winn, Wright and York.—31.

Nay: Capps, Dawson, Dennis, Giles, Green, Lamb, Landis, Miller, Moore, Pierce, Rhodes, Schuelein, Stipe, Taliaferro and Young.— 15.

Excused: Dahl and Keller.—2.

The bill passed.


Pursuant to Rule 12-24 Senator Pierce moved that the vote be reconsidered whereby HB 1005 passed.


Senator Terrill moved that the vote be reconsidered whereby SB 137 failed of passage, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Cullison, Dawson, Ford, Giles, Hopkins, Howell, Johnson, Kilpatrick, Landis, Leonard, Luton, McCune, McDaniel, O’Connor, Pierce, Randle, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—33.

Nay: Branch, Combs, Dennis, Green, Lamb, Miller, Moore, Rhodes, Roberts, Smith and Winn.— 11.

Excused: Dahl, Keller, McIntyre and Porter.—4.

THIRD READING



Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, O’Connor, Pierce, Randle, Rhodes, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Wright and York.—35.

Nay: Branch, Combs, Cullison, Miller, Moore, Roberts, Taliaferro, Winn and Young.—9.

Excused: Dahl, Keller, McIntyre and Porter.—4.




Senator McCune moved that the vote be reconsidered whereby SB 8 failed of passage, which motion was declared adopted upon roll call as follows:

274 Senate Journal

Aye: Cain, Capps, Cate, Choate, Combs, Cullison, Dawson, Ford, Giles, Green, Hopkins, Johnson, Kilpatrick, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright and York.—34.

Nay: Boatner, Branch, Clifton, Dennis, Lamb, Landis, Miller, Moore, Stipe, Winn and Young.— 11.

Excused: Dahl, Howell and Keller.—3.

THIRD READING

Senator McCune asked unanimous consent to reconsider the vote whereby SB 8 was advanced, which was the order.

GENERAL ORDER


Senator McCune moved to amend SB 8 by substituting on Page 2, Lines 9 and 10; Page 2, Lines 17 and 18; Page 4, Lines 16 and 17; Page 5, Line 6 ; Page 6 , Line 2; Page7, Lines 1 and 2; Page 7, Lines 14 and 15; Page 7, Line 17; Page 8 , Lines 12 and 13; Page 8 , Lines 15 and 16; Page 9, Lines 17 and 18; Page 10, Lines 6 and 7; Page 11, Line 7; Page 12, Line 4; Page 12, Line 14 and Page 13, Line 6 the words “ Two Hundred Dollars ($200.00)” for the words “ Five Hundred Dollars ($500.00)” , which amendment was declared adopted.


THIRD READING



Aye: Cain, Cate, Choate, Dawson, Ford, Giles, Green, Hopkins, Howell, Johnson, Leonard, Luton, McCune, McIntyre, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Schuelein, Shedrick, Smith, Taylor, Terrill, Watson, Wright and York.—28.

Nay: Boatner, Branch, Capps, Clifton, Cullison, Dennis, Kilpatrick, Lamb, Landis, McDaniel, Miller, Moore, Rozell, Stipe, Taliaferro, Winn and Young.— 17.

Excused: Combs, Dahl and Keller.—3.

The bill passed.


Pursuant to Rule 12-24 Senator Boatner moved that the vote be reconsidered whereby SB 8 passed.

CHANGE IN COMMITTEE ASSIGNMENT

Senator Schuelein asked unanimous consent to withdraw HB 1080 from the Judiciary Committee and refer said bill to the Law Enforcement Committee, which was the order.

SECOND READING


SB 326 — FinanceSR 11 — Human ResourcesHB 1136 — JudiciaryHJR 1004 — Human Resources


Advising passage of and transmitting for consideration Engrossed HBs 1173, 1208, 1218 and 1252.

r

Thirty-second Legislative Day, Monday, February 28, 1983 275

HB 1173 — By Hooper, Harris, Glover, Leftwich, Davis (Porter), Atkinson, Clark, Little, Pitezel, Boeckman and Gray of the House and Taliaferro of the Senate.

An act relating to children; requiring certain law enforcement officers, upon notification of certain missing children, to immediately initiate an investigation into the disappearance of such child; providing for codification; and declaring an emergency.

HB 1208 — By Conaghan of the House and O’Connor of the Senate.

An act relating to counties and county officers; amending 19 O.S. 1981, Section 321, as amended by Section 1, Chapter 165, O.S.L. 1982 (19 O.S. Supp. 1982, Section 321); providing for county commissioner districts; modifying time limitation for reapportionment of county commissioner districts; providing penalty; and providing an effective date.

HB 1218 — By Mentzer.[ Revenue and taxation — creating the

Human Services Reserve Fund — codification — emergency ]

HB 1252 — By Harbin, Kincheloe and Pitezel of the House and Roberts of the Senate.

An act relating to cities and towns; amending 11 O . S. 1981, Section 22-111; providing for the cleaning and mowing of certain property; modifying certain notice requirements; providing for certain procedures, hearings, costs, and payments related to said cleaning and mowing; allowing municipal governing bodies to enact certain ordinances; defining terms; and providing an effective date.


COMMITTEE REPORTS

The following were reported by the com mittees nam ed, ordered printed and placedon the Calendar:

DO PASS:SB 134 — Judiciary, coauthored by

Lawter (principal House author).SB 172 — Business and Labor, coau

thored by Henry (principal House author).SB 186 — Judiciary, coauthored by

Whorton (principal House author).SB 199 — Agriculture.SB 212 — Agriculture.SB 231 — Agriculture, coauthored by

Dahl of the Senate and Brewster (principal House author).

SB 267 — Natural Resources, coauthored by Johnson (Don) (principal House author).


CS for SB 88 — Judiciary, coauthored by Henry of the House.

SB 100 — Judiciary, coauthored by Henry (principal House author), Glover, Rogers, Widener and Kamas of the House.

CS for SB 159 — Natural Resources, coauthored by Taliaferro, Roberts and Capps of the Senate and Widener (principal House author).

SB 198 — Agriculture.SB 230 — Natural Resources, coau

thored by Thompson (principal House author) and Fitzgibbon of the House.

CS for HB 1022 — Business and Labor.



Gilligan, James John, Oklahoma Vietnam Veterans.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Tuesday, March 1, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 3:55 p.m. to meet Tuesday, March 1, 1983, at 1:30 p.m.

Thirty-third Legisiative DayTuesday, March 1,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Me- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—48.


The prayer was offered by Reverend Thompson, the guest of Senator Kilpatrick.


The following exeeutive nominations were read and referred to the Committee on Exeeutive Nominations:

Kenneth Russworm, Watonga, as a member to the Oklahoma Horse Racing Commission.

D.M. “ Soc” Sokolosky, Owasso, as a member to the Board of Regents of Rogers State College.

Senator Miller moved the adoption of the Committee Report on Executive Nominations, shown on Page 267, which motion was declared adopted, the roll call thereon being as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, MeDaniel, McIntyre, Miller, Moore, O’Connor, Pieree, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—42.

Excused: Hopkins, Howell, Keller, Randle, Stipe and Winn.—6 .


SBs 137, 183 and SCR 5 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.

SR 12 was eorrectly enrolled, properly signed and ordered transmitted to the Secretary of State.

278 Senate Journal

GENERAL ORDER

SCR 4 by Rozell and Johnson of the Senate and Willis of the House was called up for consideration.

Senators Boatner and Shedrick asked to coauthor SCR 4, which was the order.

Senator Rozell moved to amend SCR 4, Page 3, Line 3, by inserting after the word “ examined” and before the word “ the” the word “ by” , which amendment was declared adopted.

Senator O’Connor moved to amend SCR 4, Page 1, Line 5, by adding after the word “ and” the following: “ for durable medical equipment, and” , which amendment was declared adopted.

SCR 4 was adopted upon motion of Senator Rozell and referred for engrossment.


Senator Boatner moved that the vote be reconsidered whereby SB 8 passed, which motion was tabled upon motion of Senator McCune.


GENERAL ORDER

SB 230 by Stipe of the Senate and Thompson and Fitzgibbon of the House was called up for consideration.

Senator Stipe asked unanimous consent, which was granted, that SB 230 be laid over for this legislative day.GENERAL ORDER

SB 203 by Luton of the Senate and Barker of the House was called up for consideration.

Senator Luton moved that SB 203 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaffrro, Taylor, Terrill, Watson, Winn, Wright and Young.—47.

Excused: York.— 1.



GENERAL ORDER

SB 204 by Luton of the Senate and Monks of the House was called up for consideration.

Senators Roberts and Capps asked to coauthor SB 204, which was the order.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpat

Thirty-third Legislative Day, Tuesday, March 1, 1983 279

rick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—46.

Nay; Shedrick.— 1.

Excused: York.— 1.



GENERAL ORDER

SB 88 by Smith of the Senate and Williamson and Henry of the House was called up for consideration.

Senator Smith moved to amend SB 8 8 , Page 13, Line 5, by restoring all stricken language on Lines 5 through 9 except to strike the semi-colon (;) and the word “ you” on Line 9, which amendment was declared adopted.

Senator Smith moved that SB 88 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.— 45.

Excused: Randle, Shedrick andYork.—3.'




Advising adoption of and returning Engrossed SCR 7, as coauthored by Reimer, Hill and Conaghan of the House.

The above numbered SCR was referred for enrollment.

President Pro Tempore York presiding.

GENERAL ORDER

HB 1022 by Lewis and Hobson of the House and Terrill and Branch of the Senate was called up for consideration.

Senator O’Connor moved to amend HB 1022, Page 6 , Line IS'A, by adding a new subsection 5 as follows; “ 5. No member of the commission, or a member of his or her immediate family, or any members of the commission staff, shall place any wager on any horse race over which the commission has jurisdiction.” , which amendment was declared adopted.

Senator Choate moved to amend HB 1022, Page 8 , Line 7, by deleting all language after the word “ plan.” and before the word “ Upon” on Line 10, which amendment was declared adopted.

Senator Watson moved to amend HB 1022, Page 22, Line 31, by deleting after the word “ than” and before the word “ months” on Line 32 the word and numeral “ six (6)” and inserting therefor the word and numeral “ eighteen (18)” , which amendment was declared adopted.

280 Senate Journal

Senator Terrill moved to amend HB 1022, Pages 31 and 32, Lines 29 on Page 31 through Line 11 on Page 32, by deleting after the letter “ C .” and before the letter “ D .” all language, and inserting therefor the following language: “ The Commission shall promulgate rules and regulations for the purpose of defining an ‘Oklahoma-bred horse’ of any particular breed.” , which amendment was declared adopted.

Senator Moore moved to amend HB 1022, Page 33, Line 15'/2, by adding a new paragraph C to read as follows: “ C. All gambling areas shall be constructed in such a manner as to provide a visual separation from all minors. Minors shall not be allowed admittance to, or employment in, such designated gambling areas. The admission or employment of any minor in such designated gambling area shall constitute a misdemeanor punishable by $1 ,0 0 0 .0 0 for each separate offense.” , which amendment was declared adopted upon roll call as follows:

Aye: Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, Mc- Cune, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—38.

Nay: Boatner, Cate, Dahl, Dawson, Landis, McDaniel, O ’Connor, Rozell and Schuelein.—9.

Excused: Shedrick.— 1.

Senator Rhodes moved to amend HB 1022, Page 10, Line 8 '/2, by adding after the word “ paragraph.” and before “ C .” a new subsection 5 as follows: “ 5. A steward shall have the same restrictions and qualifications as a member of the commission as listed in Section 202.” , which amendment was declared adopted.

Senator O’Connor moved to amend HB 1022, Page 33, Line 19, by removing all language on Line 19 through Line 29 and inserting the following: “ The commission shall have authority to set guidelines for the administration of all medications at all race tracks.” , which amendment was declared failed of adoption upon roll call as follows:

Aye: Branch, Choate, Ford, O’Connor, Smith and York.—6 .

Nay: Boatner, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright and Young.—39.

Excused: Luton, Shedrick and Winn.—3.

Senator Stipe moved to amend HB 1022, Page 16, Line 25, by striking after the word “ Commission” the balance of Lines 25, 26, 27 and 28 to the end of the sentence, which amendment was declared adopted.

Senator Lamb moved to amend HB 1022, Page 36, Line 1, by inserting a new Section 36 as follows:

“ SECTION 36. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 150.7b of Title 74, unless there is created a duplication in numbering, reads as follows:

A. The director of the Oklahoma State Bureau of Investigation shall establish a Racing Enforcement Unit within the Oklahoma State Bureau of Investigation. The Racing Enforcement Unit shall initially include one ( 1) crime data analyst, one ( 1) typist clerk, three (3) agents, and one (1) deputy inspector/supervisor. The initial officers and


employees of the Racing Enforcement Unit shall be in addition to the number of positions now authorized the Oklahoma State Bureau of Investigation by law.

B. The Racing Enforcement Unit may:1 . conduct background investigations

on racing personnel and employees in key positions of employment in the horse racing industry; and

2 . investigate and accumulate evidence against individuals and organizations conducting illegal gambling activities and race fixing or illegal attempts to favor one race horse over another in a horse race; and

3. investigate and assist the Oklahoma Horse Racing Commission in investigating violations of the rules and regulations of the Oklahoma Horse Racing Act; and

4. investigate any violation of law concerning drugging of horses, race fixing, ringers, bookmaking, theft of money from pari-mutuel windows, illegal gambling, and other related crimes; and

5. arrest or cause the arrest of any person when reasonable grounds exist to believe that said person has violated the laws of the Oklahoma Horse Racing Act and other related eriminal statutes of Oklahoma; and

6 . coordinate with local, state and federal agencies the effort to reduce violations of the horse racing laws of this state; and

7. have access to records of the Oklahoma Racing Commission which involve a eriminal investigation.”

and renumber the subsequent sections, which amendment was tabled upon motion of Senator Kilpatrick upon roll call as follows:

Aye: Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Green, Hopkins, Johnson, Kilpatrick, Leonard, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill and York.— 33.

Nay: Boatner, Choate, Ford, Giles, Howell, Keller, Lamb, Landis, Moore, Rhodes, Watson, Wright and Young.— 13.

Excused: Luton and Winn.—2.

Senator Watson moved to amend HB 1022, Page 36, Lines 8 through 10, by placing a period after the word “ gaming” on Line 8 and deleting after the word “ gaming” all language through Line 10, which amendment was declared adopted upon roll call as follows:

Aye: Boatner, Capps, Choate, Clifton, Combs, Cullison, Ford, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, McIntyre, Miller, Moore, Randle, Roberts, Rozell, Shedrick, Taliaferro, Watson and Young.—24.

Nay: Branch, Cain, Cate, Dahl, Dawson, Dennis, Giles, Green, Leonard, McCune, McDaniel, Pierce, Schuelein, Smith, Stipe, Taylor, Terrill, Wright and York.— 19.

Excused: Luton, O’Connor, Porter,Rhodes and Winn.—5.

Senator Terrill moved to amend HB 1022, Page 1, by crippling the Title, which amendment was declared adopted.

Senator Terrill moved that HB 1022 be advanced, which motion was declared adopted.

THIRD READING


282 Senate Journal


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Leonard, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—42.

Nay: Johnson, Landis, Moore, Smith and Stipe.—5.

Excused: Luton.— 1.



SECOND READING


HB 1173 — Law EnforcementHB 1208 — General GovernmentHB 1218 — AppropriationsHB 1252 — General Government


Advising passage of and transmitting for consideration Engrossed HBs 1016, 1116, 1144, 1161, 1165, 1204 and 1308.

HB 1016 — By Riggs of the House and Wright of the Senate.

An act relating to criminal procedure; authorizing municipalities and counties to establish and maintain a pretrial release program; specifying powers and duties of participating municipalities and counties; providing for codification; providing an operative date; and declaring an emergency.

HB 1116 — By Lewis and Cotner.An act relating to crimes and punishments;

amending 21 O.S. 1981, Sections 1541.1 and 1541.2, as amended by Sections 1 and 2, Chapter 277, O.S.L. 1982, and 1541.4 (21 O.S. Supp. 1982, Sections 1541.1 and 1541.2); adding “ services” to things obtained by certain prohibited acts; prohibiting certain acts relating to obtaining money, property, services, or other things of value; clarifying misdemeanor and felony penalties for such acts; providing penalties; modifying definition of term; and providing an effective date.

HB 1144 — By Widener and Reimer.An act relating to insurance; amending 36

O.S. 1981, Sections 6125, 6127, 6129 and 6130; providing for prepaid funeral contracts and distinguishing contracts used therefor; providing a method for establishing trustee bonds; making certain violations a misdemeanor and certain repeat violations a felony; providing for display of retail price of certain items; redefining auditing requirements; eliminating certain examinations and fees therefor; requiring certain annual statements; providing penalties for failure to file statement by a certain date; providing for revocation of certain licenses; repealing 59 O . S . 1981, Sections 401,402,403,404,405 and 406; providing an operative date; and declaring an emergency.

HB 1161 — By Harbin and Cotner of the House and Stipe of the Senate.

An act relating to motor vehicles; amending 47 O.S. 1981, Sections 22.4c and 22.5n; providing procedures for the issuance of certain special license plates; providing specifications for the license plates; defining term; providing procedures for registration and licensing of travel trailers; providing for costs and fees; authorizing issuance of certain special license plates for travel trailers; and providing an effective date.

HB 1165 — By Cotner of the House and Winn of the Senate.


An act relating to crimes and punishments; amending 21 O.S. 1981, Section 443, and 57 O.S. 1981, Section 56; modifying provisions relating to escape from incarceration; and providing an effective date.

HB 1204 — By Lawter.An act relating to state government;

amending 74 O.S. 1981, Section 85.32; providing a preference for Oklahoma produced goods; modifying determination of Oklahoma produced goods; providing an operative date; and declaring an emergency.

HB 1308 — By Johnson (Don).An act relating to agriculture; amending 2

O.S. 1981, Section 9-43; defining terms; adding the term producer cooperative to the definition of grain dealer; and providing an effective date.


COMMITTEE REPORTS


DO PASS:

SB 16 — Appropriations, by Widener of the House.

SB 218 — Appropriations. SB 220 — Appropriations. SB 221 — Appropriations. SB 222 — Appropriations. SB 238 — Appropriations.

coauthored


CS for SB 62 — Judiciary, coauthored by Mentzer (principal House author).

SB 161 — Judiciary, coauthored by Lewis (principal House author).

SB 164 — Appropriations, coauthored by Murphy (principal House author) and Shelter of the House.

CS for SB 166 — Business and Labor, coauthored by Henry (principal House author).

SB 224 — Appropriations.SJR 21 — Judiciary.



McGrigg, Charles E., Wine Institute. Walker, James E., Akin, Gump, Strauss,

Hauer and Feld (addendum).Wilson, Robert G., Oklahoma Vietnam

Veterans.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday, March 2, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 4:10 p.m. to meet Wednesday, March 2, 1983, at 1:30 p.m.

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Thirty-fourth Legislative DayWednesday, March 2,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York andYoung.—48.





Mary E. Gates, Stigler, as a member to the Board of Regents for Carl Albert Junior College, to serve a term of seven years ending

July 1, 1989, and effective upon Senate confirmation. Mary Gates will succeed Elmer Brown.

Obera Goodwin, Durham, as a member to the Board of Governors of the Registered Dentists, to serve a term of three years ending July 1, 1985, and effective upon Senate confirmation. Ms. Goodwin will succeed herself.

Gene McKown, Norman, as a member to the Economic Development Commission, to serve a term of six years ending July 1, 1988, and effective upon Senate confirmation. Mr. McKown will succeed himself.


SBs 8 ,88,203, 204 and SCR 4 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.


SCR 7 was correctly enrolled, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.

286 Senate Journal

GENERAL ORDER

HB 1018 by Peterson, et al, of the House and Miller and Rozell of the Senate was called up for consideration.

Senators Capps and Winn asked to coauthor HB 1018, which was the order.

Senator Ford moved to amend HB 1018, Page 14, Line 10, by striking after the word “ state” and before the word “ a” the word “ with” and inserting in lieu thereof the following language: “ in which all property within the county is assessed at twelve ( 12%) percent or more of its taxable value and continues to be assessed at not less than the standard ratio determined from time to time by the State Board of Equalization and which has” .

Senator Miller moved to table the Ford amendment to HB 1018, which motion was declared failed of adoption upon roll call as follows:

Aye: Boatner, Branch, Capps, Cate, Clifton, Combs, Dahl, Dennis, Giles, Johnson, Landis, Luton, McDaniel, Miller, Moore, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Winn and Young.—23.

Nay: Cain, Choate, Cullison, Dawson, Ford, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Leonard, McCune, McIntyre, O’Connor, Pierce, Porter, Rhodes, Smith, Terrill, Watson, Wright and York.—23.

Excused: Randle and Stipe.—2.

Senator Boatner moved to amend the Ford amendment to HB 1018 by changing “ twelve percent (12%)” to read “ nine percent (9%)” .

Senator Ford moved to table the Boatner amendment to the Ford amendment to HB 1018, which motion was declared failed of adoption upon roll call as follows:

Aye: Cain, Cate, Cullison, Dawson, Ford, Green, Hopkins, Howell, Keller, Kilpatrick, O’Connor, Pierce, Porter, Randle, Rhodes, Smith, Terrill, Watson, Wright and York.—20.

Nay: Boatner, Branch, Capps, Choate, Clifton, Combs, Dahl, Dennis, Giles, Johnson, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Winn and Young.—27.

Excused: McIntyre.— 1.

Senator Boatner pressed his motion to adopt his amendment to the Ford amendment to HB 1018, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Capps, Clifton, Dahl, Dennis, Giles, Johnson, Lamb, Landis, Leonard, Luton, McDaniel, Miller, O’Connor, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Winn, York and Young.— 25.

Nay: Cain, Cate, Choate, Cullison, Dawson, Ford, Green, Hopkins, Howell, Keller, Kilpatrick, McCune, McIntyre, Moore, Pierce, Porter, Randle, Rhodes, Smith, Terrill, Watson and Wright.—22.

Excused: Combs.— 1.

Senator Ford asked unanimous consent to withdraw his amendment, as amended by the Boatner amendment, which was the order.

Senator Smith moved to amend HB 1018, Page 14, Line 14, by adding after the word “ county” and before the word “ upon” the words “ outside corporate city limits” , which amendment was tabled upon motion of Senator Lamb upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps,Cate, Choate, C lifton, Com bs, Dahl, D aw son, D ennis, G iles, How ell, Johnson, Kil-

Thirty-fourth Legislative Day, Wednesday, March 2, 1983 287

Patrick, Lamb, Landis, Leonard, Luton. McDaniel, Miller, Moore, O’Connor, Porter, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Watson, York and Young.—34.

Nay: Cullison, Ford, Green, Hopkins, Keller, McCune, McIntyre, Pierce, Rhodes, Smith, Terrill and Wright.— 12.

Excused: Randle and Winn.—2.

Senator Rhodes moved to amend HB 1018, Page 15, Line 1, by adding after the period and before the word “ Any” the following: “ Provided however, that if a majority of the registered voters of a county voting fail to approve such a tax, the board of county commissioners shall not call another special election for such purpose for one year. ’ ’, which amendment was declared adopted.

Senator Miller moved that HB 1018 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Dahl, Dawson, Dennis, Giles, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 39.

Nay: Cate, Cullison, Ford, Green, Keller, McCune, Moore, Pierce and Smith.—9.

The bill passed.


INTRODUCTIONS

Senator Taliaferro introduced his daughter, Cynthia Malone and granddaughter. Amber to the Senate and asked unanimous consent, which was granted, that Amber be named honorary page for this legislative day.

GENERAL ORDER

SB 160 by Smith and Moore of the Senate and Harvey of the House was called up for consideration.

Senator Rhodes asked to coauthor SB 160, which was the order.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—45.

Excused: Porter, Randle and York.—3.




Advising the signing of and returning Enrolled SCR 7.

288 Senate Journal

The above numbered Enrolled Resolution was referred to the Secretary of State.

GENERAL ORDER

SB 230, considered on Page 278, was considered further.

Senator Green asked to coauthor SB 230, which was the order.

Senator Howell moved to amend SB 230, Page 6 , Line 18, by restoring stricken language, which amendment was declared adopted.

Senator Choate moved to amend SB 230, Page 12, Line 10, by substituting the word “ may” in place of the word “ shall” before the word “ construct” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.

Excused: Porter.— 1.



GENERAL ORDER

SB 139 by McDaniel of the Senate and Smith (Jerry) of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Nay: Landis.— 1.




Pursuant to Rule 12-24 Senator Landis moved that the vote be reconsidered whereby SB 139 and the emergency passed.


Senator Landis moved that the vote be reconsidered whereby SB 114 failed of passage, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Cain, Capps, Choate, C lifton, Com bs, D ennis, Ford, G iles, Green,


Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn and York.— 31.

Nay: Branch, Cullison, Dahl, Dawson, Hopkins, Howell, Luton, McDaniel, Rozell, Smith, Stipe, Wright and Young.— 13.

Excused: Cate, McIntyre, Porter and Randle.—4.

THIRD READING



Aye: Boatner, Cain, Capps, Choate, Clifton, Dennis, Giles, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McIntyre, Miller, O’Connor, Pierce, Randle, Rhodes, Roberts, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn and York.—29.

Nay: Branch, Combs, Cullison, Dahl, Dawson, Green, Hopkins, Howell, Luton, McDaniel, Moore, Rozell, Smith, Stipe, Wright and Young.— 16.

Excused: Cate, Ford and Porter.—3.

The bill passed.



Advising rejection of SAs to Engrossed HCR1001, requesting Conference and naming Conferees as follows: Baughman, Glover and Kamas.

GENERAL ORDER

SB 99 by Terrill and Luton of the Senateand Holden o f the House was called up forconsideration.

Senator Luton asked that his name be removed as a coauthor of SB 99, which was the order.

Senator Terrill moved to amend SB 99, Page 1, Line 1, by adding a new Section I as follows:

“ Section 1. AMENDATORY 36 0.S . 1981, Section 302, is amended to read as follows:

Section 302. The Insurance Commissioner of the State of Oklahoma shall be at least [twenty-five (25)] THIRTY-ONE (31) years of age and a resident of the State of Oklahoma, and shall have been for at least ten ( 10) years actively engaged in the insurance business within the State of Oklahoma, or shall have had ten ( 10) years’ experience in the State Insurance Department [or State Insurance Board within the State of Oklahoma] OR STATE OR FEDERAL REGULATORY ACTIVITIES, INCLUDING SERVICE IN THE OFFICE OF THE STATE ATTORNEY GENERAL OR THE UNITED STATES DEPARTMENT OF JUSTICE OR A COMBINATION OF ANY OF THE ABOVE, PROVIDED THAT AT LEAST FOUR (4) YEARS HAVE BEEN IN THE STATE INSURANCE DEPARTMENT OR INSURANCE BUSINESS. [Provided, however, that there may be a combination of experience in the insurance business and in the State Insurance Department or State Insurance Board to meet the ten (10) years’ experience required.] The Insurance Commissioner shall not be financially interested, directly or indirectly, in any insurer, agency, or insurance transaction except as a policyholder or claimant under a policy. ’ ’ and renumber subsequent sections, which amendment was declared adopted.


290 Senate Journal

THIRD READING



Aye: Cate, Choate, Clifton, Cullison, Dawson, Ford, Green, Hopkins, Howell, Kilpatrick, McDaniel, O’Connor, Randle, Rhodes, Roberts, Smith, Taliaferro, Taylor, Terrill, Watson, Wright and York.— 22.

Nay: Boatner, Branch, Cain, Capps, Combs, Dahl, Dennis, Giles, Johnson, Keller, Lamb, Landis, Leonard, Luton, Mc- Cune, Miller, Moore, Pierce, Rozell, Schue- lein, Shedrick, Stipe, Winn and Young.—24.

Excused: McIntyre and Porter.—2.

The bill failed.




Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HCR 1001 was ordered granted. President Pro Tempore York appointing as Senate Conferees the following; Senators Taliaferro, Capps and Johnson.

GENERAL ORDER

SB 165 by McCune of the Senate and Brown of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Dahl, Dawson, Giles, Hopkins, Howell, Johnson, Keller, Kilpatrick, Landis, Luton, McCune, McIntyre, Miller, O’Connor, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Terrill, Watson, Winn, Wright, York and Young.—33.

Nay: Capps, Combs, Cullison, Dennis, Ford, Green, Lamb, Leonard, McDaniel, Moore, Pierce, Rhodes, Smith and Taylor.— 14.




GENERAL ORDER

SB 201 by McCune of the Senate and Atkinson of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps,Cate, Choate, Clifton, Com bs, Cullison,Dahl, Daw son, Dennis, Ford, G iles, Green,


Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Nay: Moore, Pierce and Stipe.—3.


The bill passed.


GENERAL ORDER

SB 187 by Stipe of the Senate and Anderson of the House was called up for consideration.

Representative Stottlemyre asked to coauthor SB 187, which was the order.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Hopkins, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 39.

Nay: Ford, G reen, Johnson, Keller,M oore, Rhodes, Schuelein and Sm ith.— 8.




GENERAL ORDER

SB 186 by Smith of the Senate and Whor- ton of the House was called up for consideration.

Senators Rhodes and Moore asked to coauthor SB 186, which was the order.

Senator Smith asked unanimous consent that SB 186 be laid over for this legislative day, which was the order.

SECOND READING


HB 1016 — Law EnforcementHB 1116 — JudiciaryHB 1144 — Business and LaborHB 1161 — FinanceHB 1165 — Law EnforcementHB 1204 — Business and LaborHB 1308 — Agriculture


Advising passage of and transmitting for consideration Engrossed HBs 1163, 1181, 1182,1183,1196, 1200, 1207,1226,1256, 1299 and 1372.

HB 1163 — By Monks, Fitzgibbon, Kelly, Denman, Stottlemyre, Ross, Leftwich, Gordon, Smith (Bill) and Baker.

An act relating to labor; amending 40 O . S . 1981, Sections 197.2, 197.5 and 197.13; prohibiting certain acts; modifying the minimum wage requirement; deleting maximum age requirement for minimum wage; providing for coverage of Oklahoma Minimum Wage Act; increasing certain minimum

292 Senate Journal

wages; modifying penalties; and providing an effective date.

HB 1181 — By Fitzgibbon of the House and Johnson of the Senate.

An act relating to mines and mining; amending 45 O.S. 1981, Section 801; recreating the Ottawa Reclamation Authority; specifying certain powers of the district; prohibiting certain action by the district; providing an operative date; and declaring an emergency.

HB 1182 — By Sanders of the House and Johnson of the Senate.

An act relating to professions and occupations; amending 59 O.S. 1981, Sections 136, 137, 141, 157 and 159.1; defining terms; re-creating and changing the name of the Oklahoma State Board of Chiropody; providing for the membership, qualifications, appointment, and tenure of the Board; adding a lay member to the Board; providing for powers and duties of the Board; authorizing compensation and payment of certain expenses; providing for codification; repealing 59 O.S. 1981, Sections 153 and 159.3; providing an operative date; and declaring an emergency.

HB 1183 — By Harbin of the House and Johnson of the Senate.

An act relating to cities and towns; amending 11 O.S. 1981, Section 51-104; recreating the Public Employees Relations Board; providing for membership and terms of office for the Board; providing for compensation; specifying powers and duties of the Board; providing an operative date; and declaring an emergency.

HB 1196 — By Johnson (Don) of the House and Johnson of the Senate.

An act relating to schools; repealing 70 O.S. 1981, Sections 6-116, 6-117, 6-118, 6-119, 6-120.1 and 6-121, which concern the Professional Practices Commission; and providing an effective date.

HB 1200 — By Twidwell of the House and Johnson of the Senate.

An act relating to prisons and reformatories; amending 57 O.S. 1981, Sections 546 and 547; re-creating the Private Prison Industries Board; providing for membership and organization; allowing certain members to appoint designees; providing for the assignment of employees; providing certain duties; providing compensation to be paid by the Department of Corrections; providing for reimbursement of expenses in accordance with the State Travel Reimbursement Act; providing an operative date; and declaring an emergency.

HB 1207 — By Thompson of the House and Johnson of the Senate.

An act relating to public finance; amending 62 O . S . 1981, Section 71; re-creating the State Depository Board; providing for membership; authorizing the selection of certain banks for certain services to the state; providing for duties of such banks; limiting certain deposits; requiring certain reports; and providing an effective date.

HB 1226 — By Leftwich, Cox, Grieser, Hall, Harris, Littlefield, Mentzer, Smith (Bill), Smith (Jerry) and Baker.

[ Motor vehicles — application of certain materials — codification — effective date ]

HB 1256 — By Johnson (Don) of the House and Johnson of the Senate.

An act relating to professions and occupations; amending 59 O.S. 1981, Sections 481, 482 and 493; re-creating the State Board of Medical Examiners; adding a lay member to the Board; providing for qualifications of members; providing for certain examinations; providing for certain reciprocity and procedures related thereto; providing an operative date; and declaring an emergency.

HB 1299 — By Hooper of the House and Howell of the Senate.

An act relating to insurance; providing short title; defining terms; requiring certain


certificates of authority for prepaid dental plan organizations; providing procedures for obtaining certificates of authority; requiring certain bonds; providing for renewal of certificates of authority; providing for the deposit and distribution of certain securities; providing for a financial reserve; providing for policies for membership coverage; requiring certain reports; requiring the payment of certain taxes; providing for unfair trade practices and frauds; providing for certain licenses for limited insurance representatives; granting the Insurance Commissioner certain authority; providing for suspension or revocation of certificates of authority; providing a penalty; providing for rehabilitation, liquidation or conservation of certain organizations; placing restrictions on advertising or sales material; providing for rules and regulations; providing for codification; and providing an effective date.

HB 1372 — By Deatherage of the House and Randle of the Senate.

An act relating to the Oklahoma Tax Commission; authorizing payment of necessary and reasonable expenses of the Oklahoma Tax Commission for use of state examinations; providing for payment of fees and expenses to the Commission; providing for codification; and declaring an emergency.


FIRST READING


SCR 9 — By Taliaferro.A concurrent resolution memorializing

the President of the United States and the United States Congress to refrain from imposing a contingency tax of five dollars per barrel on domestic oil; and directing distribution.

COMMITTEE REPORTS


DO PASS:

SB 76 — Judiciary, coauthored by Lamb of the Senate and Rogers (principal House author).

SB 104 — Finance.SB 149 — Finance, coauthored by Harris

(principal House author).SB 171 — Finance, coauthored by Lewis

(principal House author).SB 177 — Finance.SB 179 — Judiciary, coauthored by

Lewis (principal House author).SB 181 — Finance, coauthored by Giles

of the Senate and Mentzer (principal House author).


SB 184 — Judiciary, coauthored by Hobson (principal House author).

SB 189 — Finance, coauthored by Barker (principal House author).

SB 193 — General Government, coauthored by Reimer (principal House author).

SB 194 — Judiciary.SB 215 — Appropriations, coauthored

by Peterson (principal House author).SB 232 — Judiciary, coauthored by Da

vis (Guy) (principal House author).SB 244 — General Government, coau

thored by Williams (Penny) (principal House author).

SB 245 — General Government, coauthored by Fair (principal House author).

SB 250 — Finance, coauthored by Randle of the Senate and Anderson (principal House author).

SB 256 — General Government, coauthored by Widener (principal House author).

SB 257 — General Government.SB 258 — General Government.SB 259 — Finance, coauthored by Kelly

(principal House author).

294 Senate Journal

SB 263 — Appropriations.SB 272 — Transportation, coauthored

by Vaughn (principal House author).SB 279 — Judiciary.SB 280 — Judiciary, coauthored by Hen-

shaw (principal House author).SB 301 — Appropriations, coauthored

by Deatherage (principal House author).SB 302 — General Government.SB 305 — General Government, coau

thored by Deatherage (principal House author).

SB 310 — Business and Labor, coauthored by Monks (principal House author).

SB 312 — Finance, coauthored by Williams (Penny) (principal House author) and Fried and McCorkell of the House.

SB 325 — Judiciary, coauthored by Haney (principal House author).

SJR 15 — General Government, coauthored by Johnson (Glen) (principal House author).

SJR 16 — General Government.


CS for SB 4 — Appropriations, coauthored by McDaniel and Stipe of the Senate and Brewster (principal House author).

CS for SB 81 — Judiciary.CS for SB 112 — Judiciary, coauthored

by Luton of the Senate and Haney (principal House author).

SB 119 — Judiciary, coauthored by Gray of the House.

SB 138 — Appropriations, coauthored by Shedrick of the Senate and Johnson (Glen) (principal House author).

SB 140 — Judiciary, coauthored by Lawter (principal House author) and Cox of the House.

CS for SB 207 — Transportation.CS for SB 208 — Transportation, coau

thored by Monks (principal House author).SB 239 — General Government.CS for SB 240 — Finance.CS for SB 247 — Finance, coauthored by

Clark (principal House author).CS for SB 261 — Standards and Ethics,

coauthored by Henry (principal House author).

CS for SB 262 — Transportation, coauthored by Brewster (principal House author).

CS for SB 298 — Finance, coauthored by Anderson (principal House author).

SB 309 — General Government.SB 320 — Finance.



Baggett, Bryce A., Oklahoma Consumer Finance Association.

Payne, Gary, Alliance of American Insurers.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Thursday, March 3, 1983, at 12:00 noon, which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 3:55 p.m. to meet Thursday, March 3, 1983, at 12:00 noon.

Thirty-fifth Legislative DayThursday, March 3,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 48.





Aye: Boatner, Branch, Cain, Capps,C ate, Choate, Com bs, Cullison, Dahl, D aw

son, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, and Young.—45.

Excused: Clifton, Randle and York.—3.


SBs I I 4 ,160,165,187,201 and 230 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.



Pursuant to the request of the Honorable Senate on February 22, 1983, by unanimous consent the House voted to extend the deadlines provided in Joint Rule 17 by two weeks for appropriation measures which have been or will be referred to the Committee on Appropriations and Budget.

296 Senate Journal

SEC O N D READING


SCR 9 — Finance HB 1163 — Business and Labor HB 1181 — Appropriations HB 1182 — Appropriations HB 1183 — Appropriations HB 1196 — Appropriations HB 1200 — Appropriations HB 1207 — Appropriations HB 1226 — Transportation HB 1256 — Appropriations HB 1299 — Business and Labor HB 1372 — Finance

M E SSA G E FRO M TH E HOUSE

Advising passage of and transmitting for consideration Engrossed HBs 1043, 1044, 1 0 7 8 ,1 0 7 9 ,1 1 2 6 ,1 1 7 6 , 1228 ,1321 , 1324, 1332, 1346 and HJR 1015.


[ House of Representatives — appropriation — operative date — emergency ]


[ Legislative Fiscal Office — appropriation — operative date — emergency ]


[ Office of Civil Defense — appropriations — operative date — emergency ]

HB 1079 — By Reimer, Gray, Holt, Anderson, Baker, Koppel, Widener, Cona- ghan, Duckett, and Williams (Penny) of the House and Winn of the Senate.

An act relating to child support enforcement; amending 10 O.S. 1981, Sections 83,

84, 502, 503 and504,12O.S. 1981, Section 1171.2, 56 O.S. 1981, Sections 234, 238.1, 238.3 and 238.4, and 68 O.S. 1981, Section 2385.17; providing for liability of father to support and educate his child and pay expenses of mother of the child; removing certain time limitations for enforcement; providing for selection of experts for blood tests to determine paternity; modifying the effect of test results; providing for temporary support payments; providing for continuous garnishment for child support payments; modifying the percentage of wages which may be taken for child support; providing for actions to secure compliance with support or maintenance orders of the court; providing for penalties; authorizing tax refund intercept for child support; providing procedures; providing for notice and hearing; providing for disbursements; providing for confidentiality; providing for public assistance payments; providing for notice of support debt; authorizing an administrative order to be docketed with district court and enforced as an order of the district court; providing for an administrative hearing on child support; providing procedures; providing for default; requiring the Department of Public Welfare to establish a scale for minimum contributions for child support; requiring an annual report from the Department; providing for credit against estimated tax liability of taxpayer for certain purposes; providing for codification; and providing an effective date.

HB 1126 — By Mentzer of the House and Johnson of the Senate.

An act relating to public health and safety; amending 63 O.S. 1981, Section2-508; providing for the destruction of certain property and for the filing of certain records; authorizing the sale of certain property and prescribing procedures; directing the deposit of funds received from these sales; and declaring an emergency.

HB 1176 — By Deatherage, Williams (Penny), Harris, Virtue, Johnson (Glen), Davis (Porter), Baker and Blodgett of the

Thirty-fifth Legislative Day, Thursday, March 3, 1983 297

House and Cate of the Senate.An act relating to initiative and referen

dum; amending 34 O.S. 1981, Section 9; specifying requirements for ballot titles; and specifying procedures for writing and approving ballot titles.

HB 1228 — By Anderson, Deatherage, Baker, Williams (Freddye) and Williams (Penny) of the House and Cain of the Senate.

An act relating to children; amending 10 O.S. 1981, Sections 1115.1, 1116.1, 1116.2, 1116.3 and 1116.5; specifying contents of placement plan; providing procedures relating to review of order removing child from custody of natural parents; creating State Foster Care Review Advisory Board; stating membership; providing procedures relating to review boards and advisory boards; stating duties and responsibilities of review boards and advisory boards; providing for codification; and providing an effective date.

HB 1321 — By Mentzer of the House and Johnson of the Senate.

An act relating to state government; amending 74 O.S. 1981, Section 192; requiring the inspection of city and county jails to ensure compliance with certain standards; providing for complaints and prosecutions; providing exceptions from compliance; requiring the State Board of Health to promulgate standards governing jail inspections; requiring compliance by jail facilities by a certain date; providing for employment of inspectors and other personnel; providing an operative date; and declaring an emergency.

HB 1324 — By Mentzer of the House and Porter of the Senate.

An act relating to poor persons; authorizing the obtaining of certain records from certain financial institutions or agencies; providing for purpose; providing for costs; providing for codification; and declaring an emergency.

HB 1332 — By Shurden of the House and Dahl of the Senate.

An act relating to game and fish; amending 29 O.S. 1981,Section7-503; prohibiting the selling of certain wildlife; providing exceptions; providing for confiscation; providing for penalties for first and subsequent offenses; providing an operative date; and declaring an emergency.

HB 1346 — By Grieser of the House and Stipe of the Senate.

An act relating to agriculture; authorizing certain employees of the State Board of Agriculture to carry certain rifles or shotguns in vehicles; providing for codification; and declaring an emergency.

HJR 1015 — By Draper.[ Joint resolution directing the Insurance

Commissioner to transfer certain monies to the Human Services Fund — emergency ]


FIRST READING


SR 13 — By Johnson.A resolution directing the Court of Crim

inal Appeals, the Attorney General, the appellate public defender, all clerks of the district courts and all district court reporters to perfect and process all opinions, briefs, official records and transcripts of evidence in capital cases as expeditiously as possible and within the time limits established in the rules of the Court of Criminal Appeals; requesting an annual report to the Oklahoma State Senate; and directing distribution.

COMMITTEE REPORTS


DO PASS:

298 Senate Journal

SB 146 — Business and Labor, coauthored by Holden (principal House author).

SB 148 — Judiciary, coauthored by Shedrick of the Senate and Barker (principal House author).

SB 152 — Law Enforcement, coauthored by Duckett (principal House author).

SB 173 — Business and Labor, coauthored by Lawter (principal House author).

SB 175 — Business and Labor, coauthored by Davis (Guy) (principal House author) .

SB 191 — Judiciary, coauthored by Davis (Frank) (principal House author).

SB 195 — Law Enforcement, coauthored by Johnson of the Senate and Clark (principal House author).

SB 200 — General Government, coauthored by Combs of the Senate and Draper (principal House author).

SB 225 — Business and Labor, coauthored by Fitzgibbon (principal House author) .

SB 234 — General Government, coauthored by Boyd (principal House author).

SB 251 — Judiciary, coauthored by Williamson (principal House author).

SB 276 — Law Enforcement, coauthored by Brewster (principal House author).

SB 277 — Law Enforcement, coauthored by Brewster (principal House author).

SB 282 — Appropriations, coauthored by Baughman (principal House author).

SB 287 — Judiciary, coauthored by Brewster (principal House author).


SB 292 — Law Enforcement, coauthored by Johnson of the Senate and Harbin (principal House author).

SB 315 — Finance, coauthored by Blodgett (principal House author).

SB 318 — Finance, coauthored by Blodgett (principal House author).

SJR 20 — Standards and Ethics, coauthored by Henry (principal House author).

SJR 24 — Finance, coauthored by Mc- Corkell (prineipal House author).

SCR 6 — Law Enforeement, coauthored

by Davis (Porter) (principal House author).



SB 6 8 — Business and Labor, coauthored by Joiner (principal House author).

SB 121 — Agriculture.SB 153 — Business and Labor, coau

thored by Virtue (principal House author).SB 168 — Finance, coauthored by Henry

(principal House author).SB 174 — Business and Labor, coau

thored by Koppel (principal House author).CS for SB 176 — Law Enforeement.SB 188 — Business and Labor, coau

thored by Henry (principal House author).SB 206 — Law Enforcement.SB 209 — Law Enforcement, coau

thored by Brown (principal House author).SB 237 — Business and Labor, coau

thored by Barker (principal House author).CS for SB 241 — Agriculture, coauthored

by Sherrer (principal House author).CS for SB 248 — Finance, coauthored by

Fried (principal House author).SB 249 — Judiciary, coauthored by Har

bin (principal House author).SB 254 — Transportation, coauthored

by Hobson (principal House author).CS for SB 268 — Business and Labor,

coauthored by Holden (principal House author).

SB 271 — Judiciary, coauthored by Duckett (principal House author).

SB 273 — Agriculture, coauthored by Glover (principal House author).

SB 274 — Transportation, coauthored by Fitzgibbon (principal House author).


CS for SB 293 — Judiciary, coauthored by Henry (principal House author).

SB 308 — Judiciary, coauthored by Riggs (principal House author).

SJR 13 — Business and Labor, coauthored by Johnson (Don) (principal House author).

Thirty-fifth Legislative Day, Thursday, March 3, 1983 299


Advising rejection of SAs to Engrossed HB 1022, requesting Conference and naming Conferees as follows: Lewis, Hobson, Vanatta, Mentzer and Brewster.



Sehafer, Vicki Kay, American Federal Savings and Loan.

BILL RELEASED

HB 1005 was properly signed and ordered returned to the Honorable House.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Monday, March 7,1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 12:20 p.m. to meet Monday, March 7, 1983, at 1:30 p.m.

Thirty-sixth Legisiative DayMonday, March 7,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.

Excused: Choate, Howell, McIntyre, O’Connor and Stipe.— 5.


The prayer was offered by Dr. Dan Thompson, Emmanuel Baptist Church, Moore, the guest of Senator Moore.

GENERAL ORDER

SJR 21 by Johnson of the Senate and Thompson of the House was called up for consideration.

Senator Johnson moved that SJR 21 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Moore, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Terrill, Watson, Winn, Wright, York and Young.— 40.

Excused: Choate, Howell, McIntyre, Miller, O’Connor, Randle, Stipe and Taylor.— 8 .


S JR 21 was referred for engrossm ent.

1

302 Senate Journal

GENERAL ORDER

SB 134 by Keller of the Senate and Lawter of the House was called up for consideration.

Senator Keller moved that SB 134 be advanced, which motion was declared adopted.

THIRD READING



Aye: Cate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Landis, Leonard, McCune, Moore, Pierce, Rhodes, Schuelein, Smith, Taliaferro, Taylor, Watson, Wright and York.—26.

Nay: Boatner, Branch, Cain, Capps, Dennis, Lamb, McDaniel, Miller, Roberts, Ro- zell, Shedrick, Terrill, Winn and Young.— 14.

Excused: Choate, Howell, Luton, McIntyre, O’Connor, Porter, Randle and Stipe.—8.

The bill passed.


GENERAL ORDER

SB 236 by McDaniel of the Senate and Brown and Logan of the House was called up for consideration.

Senator McDaniel moved to amend SB 236, Page 1, by striking the Title, which amendment was declared adopted.

Senator McDaniel moved to amend SB 236, Page 2, Line 2, by changing after the word “ or” and before the word “ his” the

word “ gifts” to read “ gives” , which amendment was declared adopted.

Senator McDaniel moved to amend SB 236, Page 3, Line 19, by adding the emergency clause, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—40.

Nay: Pierce.— 1.

Excused: Choate, Howell, Keller, Luton, McIntyre, O’Connor and Stipe.—7.



GENERAL ORDER

SB 218 by Johnson of the Senate and Glover of the House was called up for consideration.


Thirty-sixth Legislative Day, Monday, March 7, 1983 303

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson. Winn, Wright, York and Young.—41.

Excused: Choate, Howell, Keller, Luton, McIntyre, O’Connor and Stipe.— 7.



GENERAL ORDER

SB 220 by Johnson of the Senate and Barker of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts,

Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Winn, Wright. York and Young.—38.

Nay; Rozell, Smith and Watson.—3.

Excused; Choate, Howell, Keller, Luton. McIntyre, O’Connor and Stipe.—7.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—41.


The bill'and emergency passed.


304 Senate Journal

GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, McDaniel, Miller, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.— 34.

Nay: Green, McCune, Moore, Pierce, Rhodes, Smith and Wright.—7.




GENERAL ORDER

SB 224 by Johnson of the Senate and Johnson (Don) of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Winn, Wright, York and Young.—38.

Nay: Kilpatrick, Terrill and Watson.—3.






The above numbered Enrolled HB was, after fourth reading, properly signed and ordered returned to the Honorable House. MOTION TO RECONSIDER VOTE


Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dennis, Ford, Giles, Green, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Moore, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Terrill, Watson, Winn, Wright and York.—33.


Nay: Dahl, Dawson, Hopkins, Johnson, Miller, Porter, Taylor and Young.— 8.


THIRD READING



Aye: Cain, Capps, Cate, Clifton, Cullison, Dennis, Green, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Moore, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Terrill, Watson, Winn, Wright and York.—26.

Nay: Boatner, Branch, Combs, Dahl, Dawson, Ford, Hopkins, Johnson, Miller, Porter, Shedrick, Taylor and Young.— 13.

Excused: Choate, Giles, Howell, Keller, Luton, McIntyre, O’Connor, Stipe and Taliaferro.—9.

The Chair advised that Senator Giles, having been present in the Chamber during the vote on SB 99 would be shown voting “ Nay” in compliance with Rule 14-lB. The vote thereby resulted as follows: Aye: 26. Nay: 14. Excused: 8.

The bill passed.

Senators Branch, Giles, Combs, Hopkins, Taylor and Dahl desired to vote Aye on the emergency.




GENERAL ORDER

SB 301 by Randle of the Senate and Deatherage of the House was called up for consideration.

Senator Randle moved that SB 301 be advanced, which motion was declared adopted.

THIRD READING







GENERAL ORDER

SB 179 by Clifton of the Senate and Lewis of the House was called up for consideration.

Senator Clifton moved that SB 179 be advanced, which motion was declared adopted.

THIRD READING


306 Senate Journal




The bill passed.


GENERAL ORDER



THIRD READING





The bill passed.


GENERAL ORDER

SB 184 by Cain of the Senate and Hobson of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—40.

Nay: Pierce.— 1.





Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HB 1022 was ordered granted. President Pro Tempore York appointing as Senate Conferees the following: Senators Terrill, Kilpatrick, Branch, Combs and O’Connor.


GENERAL ORDER

SB 267 by Shedrick of the Senate and Johnson (Don) of the House was called up for consideration.

Representative Hall asked to coauthor SB 267, which was the order.


THIRD READING




Excused; Choate, Howell, Keller, Luton, McIntyre, O’Connor and Stipe.—7.



GENERAL ORDER

SB 186, considered and coauthored on page 291, was considered further.

Senator Shedrick asked to coauthor SB 186, which was the order.

Senator Sm ith m oved to amend SB 186 ,Page 2 , Line 6 , by striking after the word“ operating” and before the word “ a” the

words “ or in actual physical control of’ ’ and add the word “ or” between “ driving” and “ operating” and on Line 7, change the word “ shall” to “ may” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—39.

Nay; Dawson and Young.— 2.




SECOND READING


SR 13 — JudiciaryHB 1043 — AppropriationsHB 1044 — AppropriationsHB 1078 — AppropriationsHB 1079 — JudiciaryHB 1126 — Human ResourcesHB 1176 — General Government

308 Senate Journal

HB 1228 — Human ResourcesHB 1321 — Law EnforcementHB 1324 — Human ResourcesHB 1332 — AgricultureHB 1346 — AgricultureHJR 1015 — Appropriations


Advising passage of and transmitting for consideration Engrossed HBs 1132, 1235, 1274, 1323 and 1350.

HB 1132 — By Sanders of the House and Randle of the Senate.

An act relating to motor vehicles; amending 47 O.S. 1981, Section 22.5q; authorizing certain vehicles to be registered as commercial trucks; providing exceptions; providing procedures; specifying certain duties of the Oklahoma Tax Commission and motor license agents; and providing an effective date.

HB 1235 — By Lewis of the House and Cullison of the Senate.

An act relating to contracts; amending 15 O.S. 1981, Sections 752, 767 and 769; defining terms; removing certain exception; requiring license prior to certain sales; providing for application form for license; requiring certain affidavit; requiring certain fees; providing penalties; providing for issuance of certain license; setting conditions; requiring display of certain prices; prohibiting certain sales; and providing an effective date.

HB 1274 — By Lewis.[ State government — amending Sections

902, 910 and 920A of Title 74 — Oklahoma Public Employees Retirement System — effective date ]


An act relating to poor persons; amending 47 O.S. 1981, Section 156, as amended by Section 42, Chapter 287, O.S.L. 1982 (47 O.S. Supp. 1982, Section 156); prohibiting

purchase of certain vehicles by certain state entities; providing exceptions; authorizing the Department of Human Services to acquire certain motor vehicles; providing for method of acquisition; providing for codification; and declaring an emergency.

HB 1350 — By Lewis of the House and Shedrick of the Senate.

An act relating to public finance; amending 62 O.S. 1981, Section 516.3, which relates to collateral securities; adding certain deposit insurers; increasing types of collateral securities used to secure deposit of public funds; and declaring an emergency.




HCR 1006 — By Monks and Baker.A concurrent resolution memorializing

Congress to enact certain legislation to provide judicial review in certain disability cases reviewed by the Veterans Administration; and directing distribution.


FIRST READING


SR 14 — By York, Randle, Young, Ro- zell, Roberts, Boatner, Taylor and Cain.

A resolution disapproving a certain emergency rule of the Ethics and Merit Commission relating to reductions in work hours and involuntary leave without pay; and directing distribution.





Transmitting the following Resolution, together with Conference Committee Report thereon, advising adoption of Conference Committee Report and passage of measure as amended:

HCR 1001.

COMMITTEE REPORTS


DO PASS:

SB 64 — Appropriations.SB 65 — Appropriations.SB 162 — Appropriations, coauthored

by Roberts of the Senate and Abbott (principal House author).

SB 213 — General Government, coauthored by Littlefield (principal House author).

SB 216 — Appropriations.SB 217 — Appropriations.SB 219 — Appropriations.SB 223 — Appropriations.SB 228 — Education, coauthored by

Craighead (principal House author).SB 281 — Human Resources, coau

thored by Anderson (principal House author) and Duckett of the House.

SB 304 — Education, coauthored by Shedrick of the Senate and Leftwich (principal House author).

SB 307 — Education, coauthored by Shedrick of the Senate and Thompson (principal House author).

SJR 9 — General Government, coau

thored by Hobson (principal House author).SJR 10 — Law Enforcement, coau

thored by Henry (principal House author).SJR 11 — Natural Resources, coau

thored by Dawson of the Senate.SJR 22 — Human Resources.SJR 23 — Judiciary, coauthored by

Whorton (principal House author).SR 11 — Human Resources.


SB 128 — Judiciary, coauthored by Luton of the Senate and Haney (principal House author).

SB 202 — Law Enforcement.SB 205 — Natural Resources, coau

thored by Vaughn (principal House author).SB 229 — Education, coauthored by

Fried (principal House author).SB 233 — Human Resources, coau

thored by Boyd (principal House author).SB 266 — Human Resources, coau

thored by Mentzer (principal House author).SB 269 — Human Resources, coau

thored by Duckett (principal House author).CS for SB 283 — Human Resources, co

authored by McCorkell (principal House author).

CS for SB 294 — Education, coauthored by Fried (principal House author).

SB 297 — Human Resources, coauthored by Duckett (principal House author).

SB 299 — Natural Resources, coauthored by Roberts of the Senate and Holden (principal House author).

SB 311 — Natural Resources, coauthored by Green of the Senate and Rogers (principal House author).

SB 323 — Finance, coauthored by Giles and Capps of the Senate and Murphy (principal House author).

SJR 26 — Appropriations, coauthored by Fried (principal House author) and Virtue of the House.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Tuesday, Marchs, 1983, at 1:30 p.m., which motion prevailed.

310 Senate Journal


Thirty-seventh Legislative DayTuesday, March 8,1983


Roll Call:

Present: Boatner, Branch, Cain. Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Capps, Howell, O’Connor and Stipe.—4.


The prayer was offered by Dr. Thompson, the guest of Senator Moore.



Sue B eall, Duncan, as a mem ber to theConsumer Credit C om m ission.

Dr. John Martin, Ft. Gibson, as a member to the State Board of Vocational and Technical Education.

GENERAL ORDER

SCR 6 by Wright of the Senate and Davis (Porter) of the House was called up for consideration.

SCR 6 was adopted upon motion of Senator Wright and referred for engrossment.


SBs 99, 134, 179, 182, 184, 186, 218, 220, 221, 222, 224, 236, 267, 301 and SJR21 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration,


Advising the Honorable Senate that, by unanimous consent, the House of Representatives has extended the deadlines provided in Joint Rule 17 by two weeks, from March 3, 1983, for measures previously referred to the Committee on Appropriations and Budget.

312 Senate Journal

INTRODUCTIONS

Senator Dahl introduced young Cory Lively to the Senate and asked unanimous consent that he be named honorary third Assistant Floor Leader, which was the order.

Senator Roberts introduced former Senator Ernest Martin to the Senate.


Senator York asked unanimous consent to suspend Rule 5-4 and refer SR 14 direct to the Calendar for consideration, which was the order.

GENERAL ORDER

SR 14 by York, Randle, Young, Rozell, Roberts, Boatner, Taylor and Cain was called up for consideration.

Senators Luton, Porter, Cate and McDaniel asked to coauthor SR 14, which was the order.

SR 14 was adopted upon motion of Senator York and referred for enrollment, upon roll call as follows:

Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York andYoung.—43.

Nay: Pierce.— 1.

Excused: Capps, Howell, O’Connor and Stipe.— 4.

GENERAL ORDER

SB 145 by Johnson, et al, of the Senate and Riggs, et al, of the House was called up for consideration.

Senators Landis, Luton and Branch and Representative Johnson (Glen) asked to coauthor SB 145, which was the order.

Senator Dawson moved to amend SB 145, by striking the title, the enacting clause and the body of the bill and substituting in lieu thereof the following:

An act directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to the Oklahoma Constitution by amending Article XXVII, Section 2; declaring certain beverages to be alcoholic; repealing certain laws upon approval by the people; prohibiting sales of certain beverages to persons under twenty- one years of age; prohibiting employment of persons under eighteen years of age in certain businesses where certain beverages are sold; providing ballot title; and directing filing.

Section 1. The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Article XXVII, Section 2 of the Constitution of the State of Oklahoma to read as follows:

Section 2. The terms and provisions of this Amendment, and laws enacted by the Legislature pursuant hereto, shall [not] include [nor apply to any beer or cereal malt beverage containing not more than three and two-tenths percent (3.2%) of aicohol by weight] ANY BEVERAGE CONTAINING MORE THAN ONE-HALF OF ONE PERCENT (>/2 OF 1%) ALCOHOL BY VOLUME. SUCH BEVERAGES ARE HEREBY DEFINED AS ALCOHOLIC BEVERAGES AND UPON APPROVAL OF THIS AMENDMENT BY THE VOTE

Thirty-seventh Legislative Day, Tuesday, March 8, 1983 313

OF THE PEOPLE, ANY STATUTES AND ANY OTHER PROVISION OF LAW IN CONFLICT HEREWITH ARE HEREBY REPEALED. IT IS ILLEGAL TO SELL, DISPENSE, BARTER OR GIVE ANY ALCOHOLIC BEVERAGE TO ANY PERSON UNDER TWENTY-ONE (21) YEARS OF AGE OR TO EMPLOY ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS OF AGE IN A PLACE WHERE ALCOHOLIC BEVERAGES ARE SOLD OR DISPENSED FOR CONSUMPTION ON THE PREMISES, UNLESS SUCH SALES CONSTITUTE LESS THAN TWENTY-FIVE PERCENT (25%) OF THE GROSS SALES OF SUCH BUSINESS.

Section 2. The Ballot Title for the proposed Constitutional amendment as set forth in SECTION 1 of this act shall be in the following form:

BALLOT TITLE

Legislative Referendum N o .______State Question N o .______

THE GIST OF THE PROPOSITION IS ASFOLLOWS:


amending Article XXVII, Section 2 of the Constitution of the State of Oklahoma by declaring that any beverage containing more than one-half of one percent alcohol by volume to be an alcoholic beverage and upon approval of this amendment by the vote of the people any statutes and any other provision of law in conflict herewith are hereby repealed, and making it illegal to sell, dispense, barter or give such beverage to anyone under twenty-one years of age, and prohibiting persons under eighteen years of age from working in a place where such beverages are sold unless the sales amount to less than twenty-five percent of the gross sales of such business





Section 3. The President Pro Tempore of the Senate shall, immediately after the effective date of this act, prepare and file one copy thereof, including the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General.

Senator Johnson moved to table the Dawson amendment to SB 145, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Cate, Choate, Clifton, Combs, Cullison, Dahl, Ford, Hopkins, Johnson, Keller, Kilpatrick, Landis, Luton, McDaniel, McIntyre, Porter, Randle, Rhodes, Rozell, Schuelein, Taliaferro, Taylor, Terrill, Winn, Wright, York and Young.—28.

Nay: Branch, Cain, Dawson, Dennis, Giles, Green, Lamb, Leonard, McCune, Miller, Moore, Pierce, Roberts, Shedrick, Smith and Watson.— 16.


Senator Shedrick moved to amend SB 145, Page 2, Lines 6 and 7 and Page 4, Line 14, by deleting after the word “ under” and before the word “ years” the words “ twenty one (21)” and substituting therein the language “ nineteen (19)” , which amendment was tabled upon motion of Senator Choate upon roll call as follows:

Aye: Boatner, Branch, Choate, C lifton,C om bs, C ullison, D ahl, D aw son , D ennis,Ford, G iles, Green, H opkins, Johnson, Kel-

314 Senate Journal

ler, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Meintyre, Moore, Porter, Randle, Rhodes, Roberts, Sehuelein, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—36.

Nay: Cain, Cate, Miller, Rozell, Shed- riek. Smith and Terrill.—7.

Excused: Capps, Howell, O’Connor, Pierce and Stipe.—5.

Senator Shedrick moved to amend SB 145, Page 2, Lines 6 and 7 and Page 4, Line 14, by deleting after the word “ under” and before the word “ years” the words “ twenty one (21)” and substituting therein the language “ forty two (42)” , which amendment was tabled upon motion of Senator Lamb upon roll call as follows:

Aye: Boatner, Branch, Cain, Choate, Clifton, Combs, Cullison, Dawson, Ford, Green, Hopkins, Johnson, Keller, Kilpat- riek. Lamb, Landis, Leonard, Luton, Me- Cune, MeDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Sehuelein, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 38.

Nay: Cate, Dahl, Dennis, Giles, Shedrick and Smith.—6.


Senator Terrill moved to amend SB 145, Page 2, Lines 10 and 11 and Page 3, Line 1, by adding a comma after the word “ weight’ ’ and inserting the following: “ Provided further, that a parent as regards his own child or children, is included within the provisions of this aet. ” , which amendment was tabled upon motion of Senator Johnson upon roll call as follows:

Aye: Boatner, Cain, Choate, C lifton,C om bs, C ullison, D aw son, Ford, Green,Hopkins, Johnson, K eller, Kilpatrick, L eon

ard, Luton, McCune, McDaniel, Moore, Pierce, Roberts, Sehuelein, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—28.

Nay: Branch, Cate, Dahl, Dennis, Giles, Lamb, Landis, McIntyre, Miller, Porter, Rhodes, Rozell, Shedrick and Terrill.— 14.

Excused: Capps, Howell, O’Connor, Randle, Smith and Stipe.—6.

Senator Sehuelein moved to amend SB 145, Page 3, Line 12, by adding after the period and before the word “ The” the words “ A parent as regards the employment of his own child or children is exeepted from this provision, provided that such employment shall in no capacity whatsoever be related to the selling or dispensing of such beverages.” , which amendment was declared adopted.

Senator Sehuelein moved to amend SB 145, Page 5, Line 3, by adding after the period the words: “ Provided, the provisions of this section shall not apply when such persons are under the direet supervision of their parent or guardian, but in no instance shall this exception be interpreted to allow such persons to consume such beverages in any place licensed to dispense beer as provided in Section 163.11 of this title.” , which amendment was declared adopted.

Senator Terrill moved to amend SB 145, Page 5, Line 3, by adding after the period the following: “ The provisions of this section shall not apply to members of the uniformed armed services of the United States. ” , which amendment was tabled upon motion of Senator Choate upon roll call as follows:

Aye: Boatner, Choate, Clifton, Combs, Cullison, Dawson, Ford, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, Rhodes, Roberts, Rozell,


Sehuelein, Taliaferro, Taylor, Watson, Winn, York and Young.— 30.

Nay: Branch, Cain, Cate, Dahl, Dennis, Giles, Pieree, Shedrick, Smith, Terrill and Wright.— 11.

Excused: Capps, Howell, McIntyre, O’Connor, Porter, Randle and Stipe.—7.

Senator Keller moved to amend SB 145, Page 5, Line 4, by inserting a new paragraph B as follows: “ B. It shall be unlawful to sell any alcoholic beverage or non-intoxicating beverage as defined in Section 163.2 of this Title at tbe same business location or business address where gasoline or diesel fuel is sold.” and relettering, which amendment was tabled upon motion of Senator Johnson upon roll call as follows:

Aye: Boatner, Branch, Cain, Cate, Choate, Cullison, Dennis, Giles, Green, Hopkins, Johnson, Luton, McDaniel, McIntyre, Pierce, Rozell, Sehuelein, Taliaferro, Taylor, Terrill, Winn, Wright and York.—23.

Nay: Combs, Dahl, Dawson, Ford, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, Miller, Moore, Rhodes, Roberts, Shedrick, Smith and Watson.— 17.

Excused: Capps, Clifton, Howell, O’Connor, Porter, Randle, Stipe and Young— 8.

Senator Terrill moved to amend SB 145, Page 6, Line 2, by adding after the word “ section” and before the period the following: “ and said violation shall further extend to the vendor, licensee, and owner of said establishment and property, whether he be the lessee, sub-lessee, lessor or owner.” , which amendment was tabled upon motion of Senator Choate upon roll call as follows:

Aye: Boatner, Branch, Choate, C lifton,Com bs, C ullison, D ahl, D aw son , Ford,G iles, Green, H opkins, Johnson, Keller,

Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, Miller, Moore, Pierce, Rhodes, Rozell, Sehuelein, Taliaferro, Taylor, Watson, Winn, Wright and York.—32.

Nay: Cain, Cate, Dennis, McCune, McIntyre, Roberts, Shedrick, Smith and Terrill.—9.

Excused: Capps, Howell, O’Connor, Porter, Randle, Stipe and Young.—7.

Senator Boatner moved to amend SB 145, Page 6, Line 5, by striking Section 6, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Meintyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schue- lein, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—41.

Nay: Shedriek, Smith and Terrill.—3.


The bill passed.


316 Senate Journal

GENERAL ORDER

SB 142 by Kilpatrick of the Senate and Fried of the House was called up for consideration.

Senator Kilpatrick moved that SB 142 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schue- lein, Shedrick, Smith, Taylor, Terrill, Watson, Wright, York and Young.—42.

Excused: Capps, Howell, O’Connor, Stipe, Taliaferro and Winn.—6.



GENERAL ORDER

SB 234 by Taylor of the Senate and Boyd of the House was called up for consideration.

Senator Taylor moved that SB 234 be advanced, which motion was declared adopted.THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatriek, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—42.

Nay: Smith.— 1.

Excused: Capps, Howell, O’Connor, Randle and Stipe.—5.



Pursuant to Rule 12-24 Senator Pierce moved that the vote be reconsidered whereby SB 234 passed.

GENERAL ORDER

SB 233 by Taylor of the Senate and Boyd of the House was called up for consideration.

Senator Dawson asked to coauthor SB 233, which was the order.

Senator Taylor moved that SB 233 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Dahl, Dawson, Dennis, Giles, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Smith, Taylor, Terrill, Watson, Winn and York.—33.

Thirty-seventh Legislative Day, Tuesday, March 8,1983 317

Nay: Cullison, Ford, Green, Hopkins, Keller, McIntyre, Pierce, Rhodes, Wright and Young.— 10.

Excused: Capps, Howell, O’Connor, Stipe and Taliaferro.—5.

The bill passed.


GENERAL ORDER

SR 11 by Combs was called up for consideration.

SR 11 was adopted upon motion of Senator Combs and referred for enrollment.

GENERAL ORDER

SB 173 by Green of the Senate and Lawter of the House was called up for consideration.

Senator Green moved to amend SB 173, Page 37, Line 18, by striking after the comma and before the word “ in” the words “ and the tenure” and inserting the words “ length of term” , whieh amendment was declared adopted.

Senator Green moved that SB 173 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter,

Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taylor, Terrill, Watson, Wright, York and Young.—42.

Excused: Capps, Howell, O’Connor, Stipe, Taliaferro and Winn.—6.




GENERAL ORDER

SB 286 by Cate and Johnson of the Senate and Hobson of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.


The bill passed.


318 Senate Journal

GENERAL ORDER

SB 320 by McDaniel and Taliaferro of the Senate and Harbin of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schue- lein, Shedrick, Smith, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 43.




GENERAL ORDER

SB 249 by McCune of the Senate and Harbin of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—40.

Nay: Clifton, Lamb, Schuelein and Wright.—4.


The bill passed.


GENERAL ORDER

SB 277 by Roberts of the Senate and Brewster of the House was called up for consideration.

Senator Roberts moved that SB 277 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Johnson, Kilpatrick, Landis, Luton, McCune, Miller, Moore, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Taliaferro, Taylor, Watson, Winn and York—30.


Nay: Cate, Choate, Dawson, Keller, Lamb, Leonard, McDaniel, McIntyre, Pierce, Porter, Shedrick, Terrill, Wright and Young.— 14.


The bill passed.

Senators McDaniel and Terrill desired to vote Aye on the emergency.




GENERAL ORDER


Senator Roberts moved that SB 287 be advanced, which motion was declared adopted.THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Pieree, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.

Excused: Capps, D ennis, How ell, O ’C onnor and S tipe.— 5.



GENERAL ORDER

S JR 13 by Ford of the Senate and Johnson (Don) of the House was called up for consideration.

Senator Ford moved that SJR 13 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 43.

Excused: Capps, Dennis, Howell, O’Connor and Stipe.—5.

The resolution and emergeney passed.


GENERAL ORDER

SJR 7, considered on page 258, was eonsidered further.

Senator Green asked to coauthor SJR 7, which was the order.

Senator Dawson moved to amend SJR 7, Page 3, Line 13, by adding after the word

320 Senate Journal

“ proposition” and before the period the words: “ and which are first approved by Senator Jerry Pierce” , which amendment was withdrawn upon request of Senator Dawson.

Senator Pierce moved that SJR 7 be advanced, which motion was declared adopted.

THIRD READING


On the question of passage of the resolution, the roll call resulted as follows:

Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.— 42.

Nay: Dawson and Young.— 2.


The resolution passed.


GENERAL ORDER


Senator Clifton moved to amend SB 161, Page 4, Lines 5 through 16 by striking subsection B and inserting in lieu thereof a new subsection B as follows:

“ B. In any prosecution as set forth in subsection A of this section, the existence on the property and in the actual possession of the

accused, of (1) any connection, wire, conductor, or any device whatsoever, which is connected to a television receiver in such a manner as would appear to permit the use of cable television service without the same being reported for payment to and specifically authorized by the operator of the cable television service or (2) the existence on the property and in the actual possession of the accused, in quantities or volumes suggesting possession for resale, of any device, designed in whole or in part to facilitate the performance of any of the illegal acts mentioned in subsection A of this section, shall be prima facie evidence of intent to violate and of the violation of subsection A by the accused.” , which amendment was declared adopted.

Senator Moore moved to amend SB 161, Page 5, Line 15, by adding after the word “ section” the following: “ However, no duly licensed cable television system may bring an action under this section if that system fails to scramble beyond aural and visual recognition all programming containing nudity or excessive vulgarities for cable television customers who do not subscribe to such additional channels or services.”

Senator Clifton moved to table the Moore amendment to SB 161, which motion was declared failed of adoption upon roll call as follows:

Aye: Boatner, Cate, Clifton, Dawson, Dennis, McIntyre, Porter, Schuelein, Taliaferro and York.— 10.

Nay: Branch, Cain, Choate, Combs, Cullison, Dahl, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, Pierce, Randle, Rhodes, Roberts, Rozell, Shedrick, Smith, Taylor, Terrill, Watson, Winn, Wright and Young.—34.

Excused: Capps, Howell, O’Connor and Stipe.-


Senator Moore pressed his motion to adopt his amendment to SB 161, which amendment was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Choate, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, Pierce, Rhodes, Roberts, Rozell, Shedrick, Smith, Taylor, Watson, Winn, Wright and Young.—33.

Nay: Cain, Cate, Clifton, Dawson, McIntyre, Porter, Randle, Schuelein, Taliaferro, Terrill and York.— 11.



THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, Pierce, Randle, Rhodes, Roberts, Rozell, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—38.

Nay: Johnson, McIntyre, Porter, Schuelein and Young.—5.

Excused: Capps, Howell, Luton, O’Connor and Stipe.—5.

The bill passed.


SECOND READING


HB 1132 — FinanceHB 1235 — Business and LaborHB 1274 — FinanceHB 1323 — Human ResourcesHB 1350 — FinanceHCR 1006 — General Government


Advising passage of and transmitting for consideration Engrossed HBs 1120, 1141, 1147,1150,1166, 1209, 1210,1231, 1243, 1247, 1305, 1306, 1320 and 1352.

HB 1120 — By Brown, Graves, Davis (Porter), Harbin and Holden of the House and Watson and Hopkins of the Senate.

An act relating to crimes and punishments; amending 21 O.S. 1981, Section 1123; prohibiting certain lewd or indecent proposals or acts to certain children; modifying age requirement; and providing an effective date.

HB 1141 — By Deatherage, Henry. Baker and Cole of the House and Cate of the Senate.

An act relating to children; amending 10 O.S. 1981, Sections 5 and 21; providing for grandparental rights; providing for custody of a child during separation of the parents; requiring custody to be in the best interests of the child; authorizing joint custody; defining terms; providing procedures; requiring a joint custody plan; providing for modification and termination of joint custody; providing for appointment of arbitrator in certain cases; requiring certain preferences for custody of a child; repealing 30 O.S. 1981, Sections 11 and 12; providing for codification; providing an operative date; and declaring an emergency.

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[ Oklahoma Public Employees Retirement System — amending Section 919.1 of Title 74 — appropriation — operative date — emergency ]

HB 1150— By Hall, Brewster, Formby, Joiner, Littlefield and Smith (Bill) of the House and Landis of the Senate.

An act relating to intoxicating liquors; amending 37 O . S. 1981, Section 512; granting certain peace officer powers and authority to the Alcoholic Beverage Control Board, Director, Assistant Director, and certain agents and inspectors; extending certain additional peace officer powers and authority to certain persons; and providing an effective date.

HB 1166 — By Osborne of the House and McCune of the Senate.

An act relating to cities and towns; amending 11 O.S. 1981, Section 2-104; limiting territories which may be included in a proposed municipality or plat; excepting certain counties from such limitation; providing for jurisdiction of court; exempting certain areas from corporate limits of municipality for certain purposes; and providing an effective date.

HB 1209 — By Holden of the House and Terrill of the Senate.

An act relating to insurance; providing short title; defining certain terms with exceptions; providing for agreements and maintenance of records; providing for administrator to act as intermediary in certain circumstances; providing for maintenance of and access to records; providing for advertising; providing for underwriting standards; establishing a fiduciary capacity; requiring certain accounts; providing for disbursements; establishing procedure for payment of claims; providing for delivery of written communications; providing for adjustment and settlement of claims; requiring bonding;

requiring certain notice or statement; providing licensing procedure; providing penalty; providing for codification; and providing an effective date.

HB 1210 — By Holden of the House and Winn of the Senate.

An act relating to insurance; amending 36 O.S. 1981, Sections 627, 1424, as amended by Section 1, Chapter 221, O.S.L. 1982, 1425, as amended by Section 2, Chapter 221, O.S.L. 1982, 1426, 1427, as amended by Section 3, Chapter 221, O.S.L. 1982, 1428, as amended by Section 4, Chapter 221, O.S.L. 1982, 1432 and 1433 (36 O.S. Supp. 1982, Sections 1424, 1425, 1427 and 1428); requiring insurers to have resident agents with exceptions; providing for the validity of certain policies; requiring certain licenses; transferring prepaid legal liability insurance from insurance agent or surplus lines insurance broker licensing to limited insurance representative licensing; providing for use of vending machines for certain insurance; providing for licensing of partnerships and corporations; including persons in certain provisions pertaining to partnerships and corporations; denying licenses for the writing of controlled business with exception; defining term; prohibiting the payment of certain consideration; providing contents of licenses; providing term of licenses; exempting certain persons from license requirement; providing procedures for application, issuance, and termination of licenses; including managing general agents in certain provisions pertaining to insurance agents and limited insurance representatives; providing for fees; increasing certain fees; providing for a revolving fund; providing for other fees and fines; requiring a bond for the benefit of certain parties; providing for service of process; prohibiting certain acts; providing penalties; requiring licensed agents to notify Commissioner of change of address; requiring licensed agent to provide place of business which is accessible to the public; expanding categories exempt from written examination; providing for insurance con


sultants licensing; requiring consultants to | retain copies of certain agreements for three years; providing for censure, suspension, revocation, and refusal to issue, continue or renew licenses; providing for retention of jurisdiction over certain persons; providing that certain files shall not be available for public inspection; providing for temporary licenses; providing that a temporary license shall not be issued to an applicant who fails to pass required examination; providing for adoption of certain rules and regulations; and providing an effective date.

HB 1231 — By Brown, Morgan, Gray, Clark and Pitezel.

An act relating to fees; amending 20 O.S. 1981, Section 1301; requiring fees collected for certain purposes be deposited in the County General Fund; providing for the deposit of certain fees, fines, and forfeiture in a certain fund; providing exception; providing for said fund; providing for codification; and providing an effective date.

HB 1243 — By Haney, Smith (Jerry), Morgan and Hill of the House and Dawson of the Senate.

An act relating to revenue and taxation; amending 68 O.S. 1981, Section 1010; providing for the payment of certain tax on certain production; requiring certain reports and prescribing content; providing for assignment of certain numbers; modifying application; providing for delinquent reports and forms; providing penalties; eliminating certain penalty; providing for collection and apportionment of penalties; providing for certain receipts; providing for certain cash deposits; bonds, or other security; and declaring an emergency.

HB 1247 — By Denman of the House and Combs of the Senate.

An act relating to professions and occupations; amending 59 O. S. 1981, Sections 585, 588 and 604; providing for revocation, suspension, and reissuance of certificates to practice optometry; providing for fees; pro

viding procedures; providing for rules and regulations; providing for unprofessional or unethical conduct; prohibiting certain acts; providing penalties; requiring attendance at educational or postgraduate programs; and declaring an emergency.

HB 1305 — By Davis (Guy) of the House and Rozell of the Senate.

An act relating to public buildings and public works; amending 61 O.S. 1981. Section 113.1; providing for partial payment on certain contracts; providing for the retainage of certain contracts; and declaring an emergency.

HB 1306 — By Reimer and Widener of the House and Taylor of the Senate.

An act relating to schools; allowing certain persons to complete certain educational requirements; allowing school districts and area vocational-technical school districts certain options relating to said persons; providing for codification; providing an operative date; and declaring an emergency.

HB 1320 — By Harbin of the House and Stipe of the Senate.

An act relating to mines and mining; amending 45 O.S. 1981, Sections 931, as amended by Section 5, Chapter 266. O.S.L. 1982, 933, 934 and 936 (45 O.S. Supp. 1982, Section 931); providing for certain fees; removing the termination date of certain fees; providing for certain reports; including the term “ mineral” in certain provisions; providing for certain deposits; providing for the failure to make certain reports; providing penalties; providing for certain liens, and the notice, filing, recording, indexing and release of said liens; providing for certain payments as condition precedent to certain mining; providing for certain injunctive relief; providing an operative date; and declaring an emergency.

HB 1352 — By Denman.An act relating to public health and safety;

amending 63 O.S. 1981, Sections 2651.2

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and 2651.5; defining terms; increasing certain dollar limits; providing for certain reviews and procedures related thereto; providing for waiving of certain reviews; and declaring an emergency.





COMMITTEE REPORTS


DO PASS;

SB 300 — Appropriations. HB 1082 — Judiciary.HB 1114 — Judiciary.HB 1115 — Judiciary.HB 1158 — Judiciary.


CS for SB CS for SB CS for SB CS for SB CS for SB CS for SB CS for SB CS for SB CS for SB CS for SB

20 — Appropriations.21 — Appropriations. 33 — Appropriations. 35 — Appropriations. 37 — Appropriations.43 — Appropriations.44 — Appropriations. 53 — Appropriations.56 — Appropriations.57 — Appropriations.


The following lobbyist registration (including organization represented) has been filed with the Joint Legislative Ethics Committee;

Crow, Herschal H ., Jr., Oklahoma Chiropractic Association (addendum).

BILL RELEASED


Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday, March 9, 1983, at 1;30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 4;45 p.m. to meet Wednesday, March 9, 1983, at 1;30 p.m.

Thirty-eighth Legisiative DayWednesday, March 9,1983


Roll Call:

Present: Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 44.

Excused; Capps, Choate, Howell and Pierce.—4.




SBs 139, 142, 145, I6 I, 173, 233, 249, 277, 286, 287,320; SJRs 7 and 13 and SCR6 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.

SRs I I and 14 were each correctly enrolled, properly signed and ordered transmitted to the Secretary of State.



Lawrence Hart, Clinton, as a member to the Oklahoma Human Rights Commission.

Grace Hudlin, Hulbert, as a member to the State Election Board.

Mona Lambird, Oklahoma City, as a member to the State Election Board.

Jeannie Lunsford, Stratford, as a member to the Indian Affairs Commission.

StevenS. Suttle, Altus,asamembertothe Oklahoma State Bureau of Investigation Commission.

J.O. Williams, Stillwater, as a member to tbe Polygraph Examiners Board.


The Committee on Executive Nominations has approved the following nominations;

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H.B. Atkinson, Midwest City, as a member to the Oklahoma Wildlife Conservation Commission, to serve a term ending July 1, 1985, and effective upon Senate confirmation. H.B. Atkinson will succeed James Robert Matthews.

William C. Chapman, Madill, as a member to the Oklahoma Pecan Commission, to serve a term of three years ending July 1, 1985, and effective upon Senate confirmation. William Chapman will succeed himself.

Thomas Heggy, Oklahoma City, as Director to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, to serve a term coterminous with that of the Governor, and effective upon Senate confirmation. Mr. Heggy will succeed Warren Henderson.

Mary Warner, Oklahoma City, as a member to the Board of Public Affairs, to serve a term of three years ending January 1, 1986, and effective upon Senate confirmation. Mary Warner will succeed herself.

GENERAL ORDER

SB 159 by Giles, Leonard, Taliaferro, Roberts and Capps of the Senate and Widener of the House was called up for consideration.

Senators Lamb and Landis and Representative Reimer asked to coauthor SB 159, which was the order.

Senator Giles moved to amend SB 159, Page 1, by striking the title, enacting clause and Sections 1 through 8 and substituting the following:

“ An act relating to oil and gas; stating purpose and intent; requiring certain owners within well to share ratably in revenues; allowing existing rights and remedies; providing election for owners of well to not share in revenues; requiring proper distribu

tion of revenues; clarifying scope of act; empowering Corporation Commission to promulgate rules, regulations and to provide penalties; providing for codification; repealing conflicting laws; providing severability; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

Section 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 541 of Title 52, unless there is created a duplication in numbering, reads as follows:

A. It is the purpose and intent of this act to protect the rights and correlative rights of all interest owners in natural gas wells and to afford all such owners an equal opportunity to extract their fair share of gas and to sell and be paid in proportion to their interest therein. It is further the intent of this act to protect such owners against discrimination in purchases in favor of one owner as against another.

B. In order to prevent waste, proteet eor- relative rights and to aid in the conservation of natural gas, this act shall apply to all currently producing natural gas wells, or those capable of producing natural gas, within the State of Oklahoma irrespective of their completion date or length of past production, as well as any future producing natural gas wells.

Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Seetion 542 of Title 52, unless there is created a duplication in numbering, reads as follows:

A. Whenever a well is placed into produetion, all owners within such well, including, but not limited to, all working interests, any interested parties having a right to produce, overriding royalty, royalty and mineral interest owners in the unit area under the well.

Thirty-eighth Legislative Day, Wednesday, March 9, 1983 327

shall be entitled to share ratably in the revenues from the sale of the products of the well, excluding, in each instance, extracted liquefiable hydrocarbons.

B. In the event that one or more owners in a well has eontracted for the sale of only their portion of the production from the well to the exclusion of other owners in the well, all owners having no contraet shall be entitled to share ratably in the revenue from the sale of contracted production to the extent of their net revenue interest, except for any owner or owners who may elect in writing not to so sell. Provided, nothing herein shall be construed to prevent any owner or owners from receiving the priee agreed upon by contract. Provided further, that nothing herein shall be construed as preventing any owner or owners from taking their share of production in kind or separately disposing of their share.

C. Nothing in this act shall be construed to eliminate or otherwise affect the rights and remedies available to an operator against working interest owners who either default or fail to pay their proportionate share of the well costs.

D. If an owner in a well elects in writing not to sell at the price paid to other owners who elect to deliver products into the line or who are delivering products into the line, then that owner so electing not to sell shall not be obligated to deliver such ratable share for sale.

E. If an owner in a well elects not to sell for any other reason, the owner shall not be required to deliver such ratable share to said line.

Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 543 of Title 52, unless there is ereated a duplication in numbering, reads as follows;

Proper distribution of revenues from the sale of products from the well shall be made pursuant to the provisions of Section 540 of Title 52 of the Oklahoma Statutes. If any owner reeeives revenues directly from the purchaser within which other owners are entitled to share ratably, the owner receiving such revenues shall either effect the proper distribution of revenues or forward the same to the party responsible for distribution under Seetion 540 of Title 52 of the Oklahoma Statutes. Provided, however, that no such owner need forward his revenues if those revenues represent only the amount due the owner pursuant to the provisions of this act.


Nothing in this act shall be construed as setting the price, terms or conditions under which a purchaser takes the produetion of a well or setting any restrictions, limitations, floor or ceiling on the price to be paid for such production, nor shall anything in this act require any purchaser to connect any well that such purchaser is not already obligated to connect and nothing contained herein shall be construed as altering or changing the definition of the terms “ common purchaser” or “ common carrier” as defined by law.

Section 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 545 of Title 52, unless there is created a duplication in numbering, reads as follows;

The Corporation Commission is herein empowered to promulgate rules and regulations by which the purpose of this act shall be administered, including the power to establish and enforce penalties for violations thereof.

328 Senate Journal

Section 6. All laws or parts of laws in conflict herewith are hereby repealed.

Section 7. The provisions of this act are severable and if any part or provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.

Section 8. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.” , which amendment was declared adopted.

Senator Giles moved that SB 159 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.

Excused: Capps, Choate, Howell, O’Connor and Pierce.—5.



MESSAGE FROM THE HOUSE HAs to SENATE BILLS

Advising passage of and returning the following Engrossed Bills, as amended:

SB 69.SB 97, coauthored by Hobson, Conaghan

and Baker of the House.

GENERAL ORDER

SB 100 by McDaniel and Taliaferro of the Senate and Henry, et al, of the House was called up for consideration.

Senator McDaniel moved to amend SB 100, Page 2, Line 3, by striking after the word “ gas” the comma and the word “ coal” and by inserting after the word “ minerals” the words “ except coal, asphalt and” .

Senator Young moved to table the McDaniel amendment to SB 100, which motion was declared failed of adoption upon roll call as follows:

Aye: Boatner, Johnson, Keller, Landis and Young.—5.

Nay: Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, Miller, Moore, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.— 36.

Excused: Capps, Choate, Howell, McIntyre, O’Connor, Pierce and Porter.—7.

Senator McDaniel pressed his motion to adopt his amendment to SB 100, which amendment was declared adopted.

Senator McDaniel moved to amend SB 100, Page 2, Line 4, by striking after the word “ Section” and before the word “ of” the number “ 4” and inserting in lieu thereof


the number “ 3” , which amendment was declared adopted.

Senator McDaniel moved to amend SB 100, Page 4, Line 3, by striking after the word “ gas” the comma and the word “ coal” and by inserting after the word “ minerals” the words “ except coal and asphalt” , which amendment was declared adopted.

Senator McDaniel moved to amend SB 100, Page 5, Line 2, by striking after the word “ gas” the comma and the word “ coal” and by inserting after the word “ minerals” the words “ except coal and asphalt” , which amendment was declared adopted.

Senator McDaniel moved to amend SB 100, Page 6, Lines 5 and 6, by striking after the word “ gas” the comma and the word “ coal” and by inserting after the word “ minerals” on Line 6 the words “ except coal and asphalt” , which amendment was declared adopted.

Senator McDaniel moved to amend SB 100, Page 7, Line 2, by striking after the word “ Commission” the period and by inserting after the word “ Commission” the words “ or any other orders or decrees of the district courts of Oklahoma.” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard,

Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.— 43.

Nay: Young.— 1.

Excused: Capps, Choate, Howell and Pierce.—4.



GENERAL ORDER

SB 112 by Young and Luton of the Senate and Haney of the House was called up for consideration.

Senator Young moved that SB 112 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Capps, Choate, Howell and Pierce.-


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GENERAL ORDER

SB 146 by Boatner of the Senate and Holden of the House was called up for consideration.

Senator Boatner moved that SB 146 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.




SB 206 by Leonard of the Senate and Hill of the House was called up for consideration.

Senator Leonard moved that SB 206 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—37.

Nay: Dawson, Johnson, Shedrick and Young.—4.

Excused: Capps, Choate, Howell, McIntyre, Pierce, Porter and York.—7.

The bill passed.


GENERAL ORDER

SB 207 by Rozell of the Senate and Davis (Guy) of the House was called up for consideration.

Senator Rozell moved that SB 207 be advanced, whieh motion was declared adopted.

THIRD READING

Senator Rozell asked unanimous consent that SB 207 be laid over for this legislative day, which was the order.

GENERAL ORDER


Senator Luton moved to amend SB 321, Page 2, Line 7, by striking all language in subsections A and B through Line 8 on Page 4 and re-lettering all succeeding subsections accordingly, and on Page 4, Line 9, inserting the following language before the word


“ If” : “ A. If the nominee was a candidate for county office, the political party’s central committee of said county shall notify, in writing, the secretary of the county election board of said nominee’s death within five (5) days after said death occurs. The secretary of the county election board shall, immediately upon receipt of such notice, notify the Governor.” , which amendment was declared adopted.

Senator Luton moved to amend SB 321, Page 6, Line 13, by striking all of subsection E and substituting therefor the following language:

“ E. If the Special Nominating Primary Election is conducted after the date of the regular Runoff Primary Election, then the Governor shall, at the time he proclaims the Special Nominating Primary Election, proclaim a Special General Election for the affected office only, such Special General Election to occur on the fifth Tuesday following the Special Nominating Primary Election, unless the regular General Election is on the fifth Tuesday following the Special Nominating Primary Election or later, in which event no Special General Election shall be proclaimed. In the event a Special General Election is required, then the affected office shall not appear on the regularly scheduled General Election ballot.” , which amendment was declared adopted.

Senator Luton asked unanimous consent that SB 321 be laid over temporarily, which was the order.

Senator Schuelein questioned a quorum. The Presiding Officer ordered the roll called, following which a quorum was declared present.

Senator Com bs presiding.

PENDING CONSIDERATIO N OF HAS

Senator Randle moved that the Senate concur in H A s to SB 69.

Senator York moved as a substitute motion to reject the HAs to SB 69 and request a Conference, which motion was declared adopted.

Senator K ilpatrick presiding.

CONFEREES APPO INTED

Senator Schuelein announced the appointment of the following Conferees on SB 69: Senators Randle, Shedrick and Stipe.

G ENERAL ORDER


Senator Luton moved to amend SB 321, Page 2, Line 4, by adding after the word “ office” and before the word “ a” the words “ prior to the date of the general election” , which amendment was declared adopted.

Senator Moore moved to amend SB 321, Page 20, Line 16, by striking after the word “ need” and before the word “ not” the word “ shall” and adding in lieu thereof the word “ need” , which amendment was tabled upon motion of Senator Luton on a division of the question.

Senator Cain moved to amend SB 321, Page 21, Line 7, by striking after the word “ of” on Line 7 and before the word “ for” on Line 8 the new language and replacing the old language, which amendment was withdrawn upon request of Senator Cain.

Senator Luton moved to amend SB 321, Page 30, Line 1, by changing “ 8-810.1” to “ 8-110.1” and on Line 4, insert the word “ contesting” after the word “ in” before the word “ any” , which amendment was declared adopted.

TH IRD READING

Senator Luton m oved that SB 321 be advanced, w hich m otion was declaredadopted.

332 Senate Journal



Aye: Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Hopkins, Johnson, Kilpatrick, Landis, Luton, McDaniel, McIntyre, Miller, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Winn and York.—31.

Nay: Ford, Green, Keller, Lamb, Leonard, McCune, Moore, O’Connor, Rhodes, Smith, Watson, Wright and Young.— 13.


The bill passed.

Senator Young desired to vote Aye on the emergency.




GENERAL ORDER

SB 148 by Terrill and Shedrick of the Senate and Barker of the House was called up for consideration.

Senator Terrill moved to amend SB 148, Page 5, Line 5, by deleting after the word “ welfare.” the balance of Line 5, all of Lines 6, 7, 8, 9, 10, 11 and 12, which amendment was declared adopted.

Senator Terrill m oved that SB 148 be advanced, w hich m otion was declaredadopted.

THIRD READING



Aye: Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—42.

Excused: Capps, Choate, Howell, Pierce, Stipe and York.—6.



GENERAL ORDER

SB 149 by Terrill of the Senate and Harris of the House was called up for consideration.

Senator Terrill moved to amend SB 149, Page 12, Line S'/z, by adding a new Section as follows: “ AMENDATORY 12A O.S. 1981, Section 9-306 is amended to read as follows:

(1) ‘Proceeds’ includes whatever is received upon the sale, exchange, collection or other disposition of collateral or proceeds. Insurance payable FROM ANY SOURCE by reason of loss or damage to the collateral is proceeds EVEN THOUGH SUCH INSURANCE PAYMENTS MAY BE MADE BY THIRD PARTY TORT-FEASORS OR THEIR INSURORS, except to the extent that it is payable to a person other than a party to the security agreement. Money, checks, deposit accounts and the like are ‘cash proceeds’. All other proceeds are ‘noncash proceeds’.


(2) Except where this Article otherwise provides, a security interest continues in collateral, notwithstanding sale, exchange or other disposition thereof, unless the disposition was authorized by the secured party of the security agreement or otherwise, and also continues in any identifiable proceeds including collections received by the debtor.

(3) The security interest in proceeds is a continuously perfected security interest if the interest in the original collateral was perfected, but it ceases to be a perfected security interest and becomes unperfected ten (10) days after receipt of the proceeds by the debtor unless:

(a) a filed financing statement covers the original collateral and the proceeds are collateral in which a security interest may be perfected by filing in the office or offices where the financing statement has been filed and, if the proceeds are acquired with cash proceeds, the description of collateral in the financing statement indicates the types of property constituting the proceeds;

(b) a filed financing statement covers the original collateral and the proceeds are identifiable cash proceeds; or

(c) the security interest in the proceeds is perfected before the expiration of the ten-day period.

Except as provided in this section, a security interest in proceeds can be perfected only by the methods or under the circumstances permitted in this Article for original collateral of the same type.

(4) In the event of insolvency proceedings instituted by or against a debtor, a secured party with a perfected security interest in proceeds has a perfected security interest only in the following proceeds:

(a) identifiable noncash proceeds and separate deposit accounts containing only proceeds;

(b) identifiable cash proceeds in the form of money which is neither commingled with other money nor deposited in a deposit aceount prior to the insolvency proceedings;

(c) identifiable cash proceeds in the form of checks and the like which are not deposited in a deposit account prior to the insolvency proceedings; and

(d) all cash and deposit accounts of the debtor, in which proceeds have been commingled with other funds, but the perfected security interest under this paragraph (d) is:

(i) subject to any right of set-off; and

(ii) limited to an amount not greater than the amount of any cash proceeds received by the debtor within ten (10) days before the institution of the insolvency proceedings less the sum of:

(I) the payments to the secured party on account of cash proceeds received by the debtor during such period, and

(II) the cash proceeds received by the debtor during such period to which the secured party is entitled under paragraphs (a) through (c) of this subsection.

(5) If a sale of goods results in an account or chattel paper which is transferred by the seller to a secured party and if the goods are returned to or are repossessed by the seller or the secured party, the following rules determine priorities:

334 Senate Journal

(a) If the goods were collateral at the time of sale, for an indebtedness of the seller which is still unpaid, the original security interest attaches again to the goods and continues as a perfected security interest if it was perfected at the time when the goods were sold. If the security interest was originally perfected by a filing which is still effective, nothing further is required to continue the perfected status; in any other case, the secured party must take possession of the returned or repossessed goods or must file.

(b) An unpaid transferee of the chattel paper has a security interest in the goods against the transferor. Such security interest is prior to a security interest asserted under paragraph (a) of this section to the extent that the transferee of the chattel paper was entitled to priority under Section 9-308.

(c) An unpaid transferee of the account has a security interest in the goods against the transferor. Such security interest is subordinate to a security interest asserted under paragraph (a) of this section.

(d) A security interest of an unpaid transferee asserted under paragraph (b) or (c) of this section must be perfected for protection against creditors of the transferor and purchasers of the returned or repossessed goods.” .

which amendment was declared adopted.


TH IRD READING



Aye: Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—42.

Excused: Capps, Choate, Howell, Pierce, York and Young.—6.



G ENERAL ORDER



TH IRD READING





1




G ENERAL ORDER



THIRD READING







G ENERAL ORDER

SB 247 by Ford of the Senate and Clark of the House was called up for consideration.

Senator Ford m oved that SB 247 be advanced, w hich m otion w as declaredadopted.

TH IRD READING



Aye: Cate, Clifton, Cullison, Ford, Green, Hopkins, Johnson, Lamb, Landis, Luton, Moore, O’Connor, Randle, Rhodes, Schuelein, Stipe, Taylor, Terrill, Watson, Wright and York.—21.

Nay: Boatner, Branch, Cain, Combs, Dahl, Dawson, Dennis, Giles, Keller, Kilpatrick, Leonard, McCune, McDaniel, McIntyre, Miller, Porter, Roberts, Rozell, Shedrick, Smith, Taliaferro and Winn,— 22.

Excused: Capps, Choate. Howell, Pierce and Young.—5.

The bill failed.

M O TION TO RECONSIDER VOTE

Pursuant to Rule 12-24 Senator Ford moved that the vote be reconsidered whereby SB 247 failed.

G ENERAL ORDER

SB 238 by Shedrick of the Senate and Williams (Penny) and Harbin of the House was called up for consideration.

Senators Ford and Taylor asked to coauthor SB 238, which was the order.

Senator Shedrick moved that SB 238 be advanced, which motion was declared adopted.TH IRD READING



336 Senate Journal

Aye: Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—43.

Excused: Capps, Choate, Howell, Pierce and Young.—5.



DECLARATION OF VOTE

Senator Taliaferro asked that the record reflect had he been present at the time of Third Reading, he would have voted “ Aye” on the following bills: SBs 142, 173, 233, 286 and 320, which was the order.

INTRODUCTION

Senator Cain introduced his wife, Nancy and daughter, Melissa to the Senate.

SECOND READING

The following were read the second time and referred to the committees indicated.

HB 1120 - HB 1141 HB 1147 - HB 1150 - HB 1166 HB 1209 HB 1210 HB 1231 HB 1243 HB 1247 HB 1305 HB 1306 HB 1320 HB 1352

JudiciaryJudiciary

■ Appropriations■ Law Enforcement- Policy- Business and Labor- Business and Labor- Business and Labor- Finance- Business and Labor- Transportation- Education- Natural Resources- Human Resources


Advising passage of and transmitting for consideration Engrossed HBs 1048, 1053, 1058, 1059, 1061, 1075, 1076, 1077 and 1123.


[ State Supreme Court and the Court of Appeals — appropriations — operative date — emergency ]


[ Workers’ Compensation Court — appropriation — operative date — emergency ]


[ J.M. Davis Memorial Commission — appropriation — operative date — emergency ]


[ Commission on Consumer Credit — amending Section 6-506 of Title 14A — appropriation — operative date — emergency ]


[ Office of the Liquefied Petroleum Gas Board — appropriation — amending Section 420.4 of Title 52 — operative date — emergency ]


[ Office of the State Fire Marshal — appropriations — amending Section 50001 in Title 68 and Section 324.4 in Title 74 — operative date — emergency ]

1



[ Office of the Pardon and Parole Board — appropriation — operative date — emergency ]


[ Office of the Oklahoma Military Department — appropriations — operative date — emergency ]

HB 1123 — By Vanatta, Koppel and Holden of the House and Randle of the Senate.

[ Banks and trust companies — amending four sections in Title 6 — bank holding companies and multi-bank holding companies — repealing seven sections in Title 6 — operative date — emergency ]


COMMITTEE REPORTS


DO PASS:

HB 1004 — Law Enforcement. HB 1080 — Law Enforcement.


HB 1007 — Law Enforcement, coauthored by O’Connor of the Senate.

HB 1014 — Law Enforcement.HB 1173 — Law Enforcement, coau

thored by Branch, Hopkins and Landis of the Senate.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Thursday, March 10, 1983, at 11:00 a.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 5:30 p.m. to meet Thursday, March 10, 1983, at 11:00 a.m.

,'K/

Thirty-ninth Legisiative DayThursday, March 10,1983


Roll Call:

Present: Boatner, Branch, Cain, Cate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Winn, Wright and Young.—38.

Excused: Capps, Choate, Clifton, Howell, Keller, Miller, Moore, Pierce, Taliaferro and York.— 10.




SBs 100, 112, 146, 148, 149, 159, 206, 216, 219, 238 and 321 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.


Advising Conference granted on Engrossed SB 69, and naming House Conferees as follows: Draper, Deatherage and Barker.

GENERAL ORDER

SB 325 by Roberts of the Senate and Haney of the House was called up for consideration.

Representative Brewster asked to coauthor SB 325, which was the order.

Senators Ford and Taylor moved to amend SB 325, Page 3, Lines 11 and 12, by adding after the words “ Transportation Commission” and before the first comma and the word “ and” the following language: “ the Oklahoma Ordinance Works, a public trust” , which amendment was declared adopted.

Senator Roberts moved to amend SB 325, Page 25, Line 3, by deleting after the word “ a” and before the word “ resolution” the word ‘ ‘concurrent’ ’, which amendment was declared adopted.

Senator Shedrick moved to amend SB 325, Page 4, Lines 6, 7 and 8 by deleting after the word “ Authority” on Line 6 all words on Lines 6, 7 and 8, which amendment was declared adopted.

340 Senate Journal


THIRD READING



Aye: Boatner, Branch, Cain, Combs, Cul- lison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, O’Connor, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Winn and Wright.—34.

Excused: Capps, Cate, Choate, Clifton, Howell, Keller, McIntyre, Miller, Moore, Pierce, Randle, Taliaferro, York and Young.— 14.



SB 128 by Stipe and Luton of the Senate and Haney of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green,

Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Winn and Wright.—33.

Nay: Combs and O’Connor.—2.

Excused: Capps, Cate, Choate, Clifton, Howell, Keller, Miller, Moore, Pierce, Randle, Taliaferro, York and Young.— 13.

The bill passed.


GENERAL ORDER

SB 209 by Hopkins of the Senate and Brown of the House was called up for consideration.


THIRD READING



Aye: Combs, Cullison, Dahl, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, Luton, McDaniel, McIntyre, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taylor, Winn and Wright.—24.

Nay: Boatner, Branch, Cain, Dawson, Dennis, Ford, Landis, Leonard, McCune, Smith, Terrill and Watson.— 12.

Excused: Capps, Cate, Choate, Clifton, Howell, Keller, Miller, Moore, Pierce, Taliaferro, York and Young.— 12.

The bill failed.

I

Thirty-ninth Legislative Day, Thursday, March 10, 1983 341


Pursuant to Rule 12-24 Senator Hopkins moved that the vote be reconsidered whereby SB 209 failed.

GENERAL ORDER

SB 217 by Johnson of the Senate and Ka- mas of the House was called up for consideration.

Senator Johnson moved to amend SB 217, Page 2, Lines 5 and 6, by striking after the word “ following” on Line 5, and before the word “ members” the words and figures “ twenty-eight (28)” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Winn, Wright and Young.—36.

Excused: Capps, Cate, Choate, Clifton, Howell, Keller, Kilpatrick, Miller, Moore, Pierce, Taliaferro and York.— 12.



Senior Com bs presiding.

GENERAL ORDER


Senator Johnson moved to amend SB 263, Page 17, Line 11, by deleting paragraph 10, which amendment was declared adopted.

Senator Johnson moved to amend SB 263, Page 1, by crippling the Title, which amendment was declared adopted.

Senator Johnson moved that SB 263 be advanced, which motion was declared adopted.THIRD READING



Aye: Boatner, Branch, Cain, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taylor, Terrill, Watson, Winn, Wright and Young.— 34.

Nay: Stipe.— 1.

Excused; Capps, Cate, Choate, Clifton, Hopkins, Howell, Keller, Miller, Moore, Pierce, Randle, Taliaferro and York.— 13.



GENERAL ORDER

SB 262 by Young of the Senate and Brewster of the House was called up for consideration.

342 Senate Journal

Senators Cate and McDaniel moved to amend SB 262, Page 3, Line 11, by adding after the word ‘ ‘Technology” the following: “ at Oklahoma State University, the Oklahoma Center for Continuing Education at the University of Oklahoma and the various colleges of engineering at each of said institutions” , which amendment was declared adopted.

Senator Young moved that SB 262 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Combs, Cul- lison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Porter, Rhodes, Roberts, Ro- zell, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Winn and Young.— 32.

Nay: Landis, O’Connor, Schuelein and Wright.—4.

Excused: Capps, Cate, Choate, Clifton, Howell, Keller, Miller, Moore, Pierce, Randle, Taliaferro and York.— 12.



GENERAL ORDER

SB 76 by Cullison and Lamb of the Senate and Rogers of the House was called up for consideration.

Senator C ullison m oved that SB 76 beadvanced, which m otion was declaredadnoted.

THIRD READING



Aye: Boatner, Branch, Cain, Cate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Winn, Wright and Young.—38.

Excused: Capps, Choate, Clifton, Howell, Keller, Miller, Moore, Pierce, Taliaferro and York.— 10.



GENERAL ORDER

SB 309 by McDaniel and Taliaferro of the Senate and Harbin of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Cate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Randle, Rhodes, Roberts, Rozell, Schue-

r

Thirty-ninth Legislative Day, Thursday, March 10, 1983 343

lein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Winn, Wright and Young.—37.

Excused: Capps, Choate, Clifton, Howell, Keller, Miller, Moore, Pierce, Porter, Taliaferro and York.— 11.



SECOND READING


HB 1048 HB 1053 HB 1058 HB 1059 HB 1061 HB 1075 HB 1076 HB 1077 HB 1123

AppropriationsAppropriationsAppropriations

■ Appropriations■ Appropriations Appropriations

■ Appropriations Appropriations

■ Finance


Advising passage of and transmitting for consideration Engrossed HBs 1113, 1117, 1125, 1129, 1188, 1212, 1221 and 1356.

HB 1113 — By Ross, Riggs, Williams (Penny) and Stottlemyre of the House and McIntyre of the Senate.

An act relating to schools; designating January 15 of each year to be “ Martin Luther King, Jr. Day” ; authorizing “ Martin Luther King, Jr. Day” to be a school holiday; allowing observance of another day in certain cases; providing for codification; and providing an effective date.

HB 1117 — By Draper of the House and Cate of the Senate.

An act relating to intoxicating liquors; amending 37 O.S. 1981, Sections 163.11, 241, 243 and 246; providing procedures for obtaining permits to sell nonintoxicating

beverages; providing for fees; providing certain notice requirements; providing procedures for objections to issuance of permits; providing and modifying reasons for denial or revocation of permits; providing time period after revocation of a permit during which a new permit shall not be issued with exception; requiring the filing of certain reports with the Oklahoma Tax Commission; prohibiting the furnishing of nonintoxicating beverages to certain persons; providing an exception; prohibiting the employment of certain persons in certain establishments with an exception; prohibiting the consumption of nonintoxicating beverages by certain persons in certain places; increasing age limitations; authorizing the adoption of certain ordinances by municipalities; providing penalties; providing for certain juvenile proceedings; repealing 37 O.S. 1981, Sections 242,244 and 245; and providing an effective date.

HB 1125 — By Baughman of the House and Capps of the Senate.

[ Schools — amending Section 17-116.2 of Title 70 — Teachers’ Retirement System — operative date — emergency ]

HB 1129 — By Blodgett, Peterson, Cot- ner, Thompson, Sill, Anderson, Widener, Boeckman, Murphy, Harvey, Holden, Vaughn and Duke of the House and Landis of the Senate.

An act relating to revenue and taxation; amending 68 O.S. 1981, Section 1352; defining terms; modifying the definition of gross receipts or gross proceeds to exclude certain property; providing method of computing taxes on certain retail sales; providing exclusions; providing for codification; providing an operative date; and declaring an emergency.

HB 1188 — By Talley of the House and Watson of the Senate.

An act relating to state government; amending 74 O.S. 1981, Section 1533; establishing the Office of Federal Assistance

352 Senate Journal, February 5th, 1929

SENATE BILL NO. 109—By STEWART.—An Act repealing Section 2, Chapter 16, Oklahoma Session Laws 1923, relating to the driving and operating of motor vehicles, and declaring an emergency.

SENATE BILL NO. 110—By AUSTIN.—An Act making it unlawful for any person to operate in Oklahoma, any electrical machine that will in any way cause an interference with the operation of a radio without having said electrical machine grounded; fixing penalties for violation thereof, and declaring an emergency.

SENATE JOINT RESOLUTION NO. 16—By FID- LER.—A Joint Resolution making an appropriation to Mrs. Winnie M. Sanger, and declaring an emergency.

SENATE JOINT RESOLUTION NO. 17—By BOYER, STIGLER, BLAKELY (Senate), and LOGAN, LEWIS (House).—A Joint Resolution making a deficiency appropriation of Four Hundred ($400.00) Dollars to pay the balance of the present salary of one Assistant Attorney General for the fiscal year ending June 30, 1929, and making an appropriation of One Hundred and Sixty-six ($166.60) Dollars and Sixty Cents to cover the increased salary of one Assistant Attorney General for the balance of said fiscal year, and declaring an emergency.

SECOND READINGThe following bills and resolutions were read for the

second time and referred to the Committees indicated:

SENATE BILL NO. 99—By ANDREWS.—Referred to Committee on Penal Institutions.

SENATE BILL NO. 100—By JOHNSON.

Upon motion of Senator Johnson (Creek), the rules of

f

Senate Journal, February 5th, 1929 353

the Senate were suspended and Senate Bill No. 100 was ordered placed upon the calendar, without reference to a Committee.

SENATE BILL NO. 101—By JOHNSON.—Referred to Committee on Revenue and Taxation.

SENATE BILL NO. 102—By FERGUSON.—Referred to Committee on Revenue and Taxation.

SENATE BILL NO. 103—By FERGUSON.—Referred to Committee on Judiciary No. 2.

SENATE BILL NO. 104—By HILL (Senate), and IMMELL (House).

Upon motion of Senator Hill, the rules of the Senate were suspended and Senate Bill No. 104 was ordered placed upon the calendar, without reference to a Committee.

SENATE BILL NO. 105—By RAY.—Referred to Committee on Judiciary No. 1.

HOUSE BILL NO. 144—By NANCE (House), and BOYER (Senate).

Upon motion of Senator Boyer, the rules of the Senate were suspended and House Bill No. 144 was ordered placed upon the calendar, without reference to a Committee.

HOUSE BILL NO. 56—By SMITH and LEECRAFT. —Referred to Committee on Agriculture.

HOUSE BILL NO. 102—By KING.—Referred to Committee on State and County Affairs.

348 Senate Journal

Senator Shedrick moved to amend SB 119, Page 2, Line 10, by striking after the word “ exceed” and before the word “ and” the words: “ One dollar ($1.00)” and substitute the following: “ five dollars ($5.00)” , which amendment was declared adopted.

Senator Shedrick moved to amend SB 119, Page 3, Line 14, by striking all of Section 2 and adding a new Section 2 which reads: “ It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.— 44.

Excused: Cate, Pierce, Stipe andYoung.—4.



SB 195 by Wright and Johnson of the Senate and Clark of the House was called up for consideration.

G E N E R A L O R D E R

Senator Wright moved that SB 195 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—41.

Nay: Cain, Dennis, McIntyre and Porter.—̂ .

Excused: Cate, Pierce and Stipe.—3.



GENERAL ORDER

SB 198 by Capps of the Senate and Shelter of the House was called up for consideration.

Senator Capps m oved that SB 198 be advanced, w hich m otion was declaredadopted.

Fortieth Legislative Day, Monday, March 14, 1983 349

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.


The bill passed.


Pursuant to Rule 12-24 Senator Rozell moved that the vote be reconsidered whereby SB 198 passed.

GENERAL ORDER

SB 199 by Capps of the Senate and Sherrer of the House was called up for consideration.

Senator Capps moved that SB 199 be advanced, which motion was declared adopted.

THIRD READING



Aye: Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Green, Howell, Johnson, Keller, Kilpatrick,

Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Randle, Rhodes, Roberts, Taliaferro, Taylor, Terrill, Watson and York.—30.

Nay: Boatner, Choate, Dawson, Ford, Hopkins, Miller, Moore, Porter, Rozell, Schuelein, Shedrick, Smith, Winn, Wright and Young.— 15.

Excused: Cate, Pierce and Stipe.— 3.

The bill passed.


GENERAL ORDER



THIRD READING



Aye: Branch, Cain, Capps, Clifton, Cullison, Dahl, Giles, Johnson, Keller, Kilpatrick, Landis, McCune, McDaniel, Porter, Randle, Taliaferro, Winn and York.— 18.

Nay: Boatner, Choate, Combs, Dawson, Dennis, Ford, Green, Hopkins, Howell, Lamb, Leonard, Luton, Meintyre, Miller, Moore, O’Connor, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taylor, Terrill, Watson, Wright and Young.—27.


The bill failed.

348 Senate Journal

Senator Shedrick moved to amend SB 119, Page 2, Line 10, by striking after the word “ exceed” and before the word “ and” the words: “ One dollar ($1.00)” and substitute the following: “ five dollars ($5.(X))” , which amendment was declared adopted.

Senator Shedrick moved to amend SB 119, Page 3, Line 14, by striking all of Section 2 and adding a new Section 2 which reads: “ It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—44.




SB 195 by Wright and Johnson of the Senate and Clark of the House was called up for consideration.


Senator Wright moved that SB 195 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—41.

Nay: Cain, Dennis, McIntyre and Porte r .- ^ .




GENERAL ORDER


Senator Capps m oved that SB 198 be advanced, w hich m otion was declaredadopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 45.


The bill passed.


Pursuant to Rule 12-24 Senator Rozell moved that the vote be reconsidered whereby SB 198 passed.

GENERAL ORDER



THIRD READING



Aye: Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Green, Howell, Johnson, Keller, Kilpatrick,

Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Randle, Rhodes, Roberts, Taliaferro, Taylor, Terrill, Watson and York.—30.

Nay: Boatner, Choate, Dawson, Ford, Hopkins, Miller, Moore, Porter, Rozell, Schuelein, Shedrick, Smith, Winn, Wright and Young.— 15.


The bill passed.


GENERAL ORDER



THIRD READING



Aye: Branch, Cain, Capps, Clifton, Cullison, Dahl, Giles, Johnson, Keller, Kilpatrick, Landis, McCune, McDaniel, Porter, Randle, Taliaferro, Winn and York.— 18.

Nay: Boatner, Choate, Combs, Dawson, Dennis, Ford, Green, Hopkins, Howell, Lamb, Leonard, Luton, McIntyre, Miller, Moore, O’Connor, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taylor, Terrill, Watson, Wright and Young.—27.


The bill failed.

350 Senate Journal


Pursuant to Rule 12-24 Senator Capps moved that the vote be reconsidered whereby SB 212 failed.

GENERAL ORDER


Senator Luton moved to amend SB 166, Page 1, Line 1, by adding a new Section 1 as follows: “ Section 1. Paragraph 3 of Section 11 of Title 85 of the Oklahoma Statutes is amended to read as follows: 3. Where work is performed on a single family residential dwelling or its premises occupied by the owner, or for a farmer whose payroll, including money paid to independent contractors, for the preceding calendar year did not exceed One Hundred Thousand Dollars ($100,000.00), pursuant to a contract with one or more contractors performing alone or through their subcontractors, the owner or farmer shall not be liable for compensation to an employee of any such contractor or subcontractor who has failed to require compliance with the Workers’ Compensation Act. ’ ’ and renumber subsequent sections and amending the Title to conform, which amendment was declared adopted.

Senator Keller moved to amend SB 166, Page 6, Line 5, by adding after the word “ services” the following: “ The term ‘compensation’ within the terms of this act shall include medical benefits provided directly or indirectly for the injured employee. ” , which amendment was declared adopted.


THIRD READING



Aye: Branch, Cain, Capps, Clifton, Culli- son, Dennis, Ford, Hopkins, Howell, Keller, Kilpatrick, Lamb, Leonard, Luton, McDaniel, McIntyre, Moore, Porter, Randle, Rhodes, Roberts, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright and York.—29.

Nay: Boatner, Choate, Combs, Dahl, Dawson, Giles, Green, Johnson, Landis, McCune, Miller, O ’Connor, Rozell, Schue- lein, Winn and Young.— 16.


The bill passed.

Senators Dawson, Green, Schuelein and Boatner desired to vote Aye on the emergency.




GENERAL ORDER

SB 232 by Boatner of the Senate and Davis (Guy) of the House was called up for consideration.

Senator Schedrick moved to amend SB 232, Page 3, Line 10, by restoring the stricken language: “ adult lockup or other adult detention facility” , which amendment was declared adopted.

Senator Boatner m oved that SB 232 beadvanced, w hich m otion was declaredadopted.


THIRD READING



Aye: Boatner, Branch, Capps, Choate, Clifton, Combs, Dahl, Dawson, Dennis, Ford, Giles, Green, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, Miller, Moore, O’Connor, Rhodes, Roberts, Rozell, Schuelein, Taylor, Watson, Winn, Wright, York and Young.— 34.

Nay: Cain, Cullison, Hopkins, McCune, McIntyre, Randle, Shedrick, Smith, Taliaferro and Terrill.— 10.

Excused: Cate, Pierce, Porter andStipe.—4.



Pursuant to Rule 12-24 Senator Boatner moved that the vote be reconsidered whereby SB 232 and the emergency passed.

Senator McDaniel presiding.


Senator Miller asked unanimous consent, which was granted, that the members of the Executive Nominations Committee be allowed to meet in the Senate Lounge on this legislative day.

GENERAL ORDER

SB 163 by Luton, Cate and Porter of the Senate and Barker and Virtue of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused; Cate, Pierce and Stipe.—3.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hop-

352 Senate Journal

kins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 44.

Excused: Cate, Pierce, Randle and Stipe.—4.

The bill passed.


GENERAL ORDER

SB 269 by Terrill of the Senate and Duckett of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—44.






THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Y o rk .^ 3 .

Excused: Cate, Pierce, Randle, Stipe and Young.—5.



GENERAL ORDER

SB 282 by Terrill of the Senate and Baughman of the House was called up for consideration.

Senator Terrill asked unanimous consent to amend SB 282 by crippling the title, which was the order.




THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, O’Connor, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—38.

Nay: Dawson, Green, Keller, McCune, Moore and Smith.—6.

Excused: Cate, Pierce, Porter andStipe.—4.

The bill passed.



GENERAL ORDER

SB 281 by Terrill of the Senate and Anderson and Duckett of the House was called up for consideration.

Senator Terrill moved to amend SB 281, Page 7, Line 17, by adding after the period following the word “ practitioner” the following: “ Companies offering coverage under the requirement of this act shall comply with minimum dollar amounts and days of coverage set forth by the Commissioner of Insurance, but in any event coverage benefits shall not exceed sixty (60) days under residential treatment as defined in this act, or $18,000.00 dollars cumulative annual claims per insured. ’ ’, which amendment was declared adopted.


THIRD READING



Aye: Cain, Dennis, Landis, Luton, McCune, Taliaferro, Taylor and Terrill.—8.

Nay: Boatner, Branch, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, McDaniel, McIntyre, Miller, Moore, O’Connor, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Watson, Winn, Wright and Young.—34.

Excused: Cate, Pierce, Porter, Randle, Stipe and York.—6.

The bill failed.


Pursuant to Rule 12-24 Senator Luton moved that the vote be reconsidered whereby SB 281 failed.

CONFERENCE COMMITTEE REPORT

Conference Committee Report was read on the following Bill.

SB 69 — Conference Committee Substitute.

SECOND READING


354 Senate Journal

HB 1113 — Education HB 1117 — Policy HB 1125 — Finance HB 1129 — Finance HB 1188 — Appropriations HB 1212 — General Government HB 1221 — Natural Resources HB 1356 — Judiciary


Advising passage of and transmitting for consideration Engrossed HBs 1106, 1142, 1156,1233,1234,1265,1271,1272,1278, 1339, 1409 and HJR 1017.

HB 1106 — By Glover of the House and Capps and Taliaferro of the Senate.

[ Commercial Code — amending Section 9-307 of Title 12A — operative date — emergency ]

HB 1142 — By Lewis.An act relating to elections; amending 26

O . S. 1981, Sections 8-109 and 9-112; eliminating prohibition against certain election contests; establishing procedures and requirements for contesting or requesting a recount of noncandidate election results; allowing certain persons to support the noncandidate election results; establishing procedures for supporting noncandidate election results; requiring sheriffs to provide security for certain ballot boxes; providing for appointment and duties of watchers; providing for expenses; providing for the disqualification of certain judges; providing for new elections; providing for the rereading of certain counters; providing for codification; and providing an effective date.

HB 1156 — By Harris and Cotner of the House and Taliaferro of the Senate.

[ Conveyances — amending Sections 4,7, 8 and 9 of Title 16 — emergency ]

HB 1233 — By Lewis.An act relating to criminal procedure;

amending Section 4, Chapter 93, O.S.L.

1982 (22 O.S. Supp. 1982, Section 114); allowing the district attorney to enter into certain restitution agreements; requiring certain provisions in said agreements; providing for the deposit of certain money; providing for certain funds; modifying the use of said funds; providing for certain procedures; providing for the failure to comply with certain agreements; and providing an effective date.

HB 1234 — By Lewis and Leftwich.An act relating to criminal procedure;

amending 22 O.S. 1981, Section 991a, as amended by Section 1, Chapter 8, O.S.L. 1982 (22 O.S. Supp. 1982, Section 991a); providing for certain sentencing powers of the court; allowing for the collection of interest on certain payments; providing for probation; providing for certain supervision; directing the Department of Corrections and certain other agencies to perform certain monitoring and administrative duties; and providing an effective date.

HB 1265 — By Rogers of the House and Dahl of the Senate.

An act relating to revenue and taxation; amending 68 O.S. 1981, Sections 24303, 24312 and 24316; modifying certain provisions concerning delinquent taxes; specifying date taxes are due; increasing interest rate for delinquent taxes; providing notice procedure for certain sales; increasing certain fees; providing for certain certificates; increasing fee for certificates; directing deposit of fee; providing an operative date; and declaring an emergency.

HB 1271 — By Abbott, Williams (Penny) and Duckett.

An act relating to schools; amending 70 O.S. 1981, Section 13-111; requiring the State Board of Education to keep a register of certain children; providing for delivery of certain services to certain children; defining term; and declaring an emergency.

HB 1272 — By Hill, Glover and Peterson of the House and Clifton of the Senate.


An act relating to counties and county officers; amending Sections 2 and 6, Chapter 249, O.S.L. 1982 (19 O.S. Supp. 1982, Sections 1501 and 1505), and 62 O.S. 1981, Section 310.8, as amended by Section 14, Chapter 249, O.S.L. 1982 (62 O.S. Supp. 1982, Section 310.8); specifying duties of county purchasing agents; providing procedure for purchase and receipt of supplies, materials, and equipment by counties; modifying certain procedures; providing for blanket purchase orders; modifying requirement for blanket purchase orders; and declaring an emergency.

HB 1278 — By Brown, Anderson, Holden and Vaughn of the House and McDaniel of the Senate.

An act relating to public health and safety; providing for the issuance of organ donor cards; providing that donor card constitutes legal authority for the removal of certain designated organs or body parts; providing for certain immunity from civil or criminal liability; providing penalty; providing for removal and retention of donor card upon death of donor; providing procedures for revoking gift; providing for certain statements on said card; authorizing additional information on said card; providing for the effect of prior gift, evidence of gift, or license notation; establishing fees; providing for the distribution of such fees; repealing 47 O.S. 1981, Section 6-123; providing for codification; and providing an effective date.

HB 1339 — By Leftwich.An act relating to labor; repealing 40 O.S.

1981, Section 115, which relates to inspection and guarding of freight elevators; and declaring an emergency.

HB 1409 — By Harris of the House and Clifton of the Senate.

An act relating to counties and county officers; amending Section 17, Chapter 340,

O.S.L. 1982.(19 O.S. Supp. 1982, Section 215.37); providing for operation expenses of the office of the district attorney of the counties; modifying account procedures; requiring audit by the State Auditor and Inspector; providing an operative date; and declaring an emergency.

HJR 1017 — By Ross and Davis (Frank) of the House and Porter and McIntyre of the Senate.

A joint resolution directing the State Capitol Preservation Commission to commission portraits of certain black historical figures of Oklahoma; directing placement of said portraits; and directing distribution.


COMMITTEE REPORT


DO PASS:

HJR 1004 — Human Resources.

BILL RELEASED



Ujxjn motion of Senator Schuelein, the Senate adjourned at 4:50 p.m. to meet Tuesday, March 15, 1983, at 1:30 p.m.

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Forty-first Legislative DayTuesday, March 15,1983


Roll Call;

Present: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Excused; Cate and Stipe.—2.


The prayer was offered by Reverend Archer, the guest of Senator Taliaferro.


The Committee on Executive Nominations has approved the following nominations;

Wilson Ervin “ Bill” Allford, McAlester, as a member to the Transportation Commis

sion, to serve a term of eight years ending February 15, 1991, and effective upon Senate confirmation. Bill Allford will succeed himself.

G. Douglas Fox, Tulsa, as a member to the Real Estate Commission, to serve a term of three years ending July 1, 1985, and effective upon Senate confirmation. Mr. Fox will serve in a new position.

Jim Helmert, as a member to the Board of Registration for Professional Engineers and Land Surveyors, to serve a term of six years ending June 28, 1988, and effective upon Senate confirmation. Mr. Helmert will serve in a new position created by SB 616.

Fred H. Lacquement, Wewoka, as a member to the Oklahoma Industrial Finance Authority, to serve a term of six years ending October 11, 1988, and effective upon Senate confirmation. Fred Lacquement will succeed himself.

Darrell Routh, Lawton, as a member to the Police Pension and Retirement Board, to serve a term of three years ending July 1, 1985, and effective upon Senate confirmation. Darrell Routh will succeed himself.

Ronald E. Watkins, Tulsa, as a member to the Board of Regents of Rogers State Col

358 Senate Journal

lege, to serve a term of service ending June 30, 1984, and effective upon Senate confirmation. Ron Watkins serves in a new position per HB 1899.


SBs 104, 119, 152, 163, 166, 172, 177, 195, 199, 234, 269, 271 and 282 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.

GENERAL ORDER

HJR 1004 by Reimer, et al, of the House and Leonard of the Senate was called up for consideration.

All other members of the Senate except Senator Dawson asked to coauthor HJR 1004, which was the order.

Senator Leonard moved that HJR 1004 be advanced, which motion was declared adopted.

THIRD READING

HJR 1004 was read for the third time at length.


Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Cate, Lamb, Shedrick and Stipe.—4.


HJR 1004 was properly signed and ordered returned to the Honorable House.

DECLARATION OF VOTE

Senator Lamb asked that the record reflect had he been present at the time of Third Reading of HJR 1004, he would have voted “ Aye” , which was the order.


The CCR on SB 69 was adopted upon motion of Senator Randle.

SB 69, as amended in Conference, was read at length.


Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, Miller, Moore, O ’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—40.

Nay: Dawson, McCune, McIntyre, Porter, Smith and Young.—6.

Excused: Cate and Stipe.—2.


SB 69, together with the Conference Committee Report thereon, was ordered transmitted to the Honorable House.

INTRODUCTIONS

Senator Ford introduced his daughter, Karen Gregory, and his grandchildren, Jessica, Eric and Kelley to the Senate.

Forty-first Legislative Day, Tuesday, March 15, 1983 359


Senator Miller moved the adoption of the Committee Report on Executive Nominations, shown on pages 325 and 326.

Senator Smith asked unanimous consent that the name “ Mary Warner” be stricken from the list and considered separate and apart, which was the order.

Senator Miller moved the adoption of the Committee Report, as amended by the Smith unanimous consent request, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Cate, Clifton and Stipe.—3.

Senator Miller moved the confirmation of Mary Warner, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.

Nay: McCune, Pierce and Smith.— 3.


GENERAL ORDER

SB 213 by York of the Senate and Littlefield of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—43.

Nay: Pierce and Smith.—2.

Excused: Cate, Stipe and York.—3.

The bill passed.

Senator York desired to vote Aye on the emergency.




360 Senate Journal

GENERAL ORDER

SB 4 by Boatner, McDaniel and Stipe of the Senate and Brewster of the House was called up for consideration.

Senators Johnson, Branch and Dennis asked to coauthor SB 4, which was the order.

Senator Smith moved to amend SB 4, Page 10, Line 17, by striking the figure “ $137.00” and inserting the figure “ $500.00” , which amendment was declared adopted.

Senator Smith moved to amend SB 4, Page 16, Line 5, by striking Section 4 and renumbering subsequent sections, which amendment was declared adopted.



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Cate, Choate, Randle and Stipe.—4.

The bill passed.

Senator Randle desired to vote Aye on the emergency.

On the question of passage of the emergency, the vote resulted as follows: Aye: 45. Excused: 3.



GENERAL ORDER

SB 64 by Randle of the Senate and Draper of the House was called up for consideration.

Senator Randle moved to amend SB 64, Page 1, by crippling the Title, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.




GENERAL ORDER

SB 65 by Randle of the Senate and Draper of the House was called up for consideration.


Senator Randle asked unanimous consent to amend SB 65 by crippling the Title, which was the order.


THIRD READING



Aye: Boatner, Branch, Cam, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Excused; Cate and Stipe.—2.



GENERAL ORDER

SB 138 by Miller, Young and Shedrick of the Senate and Johnson (Glen) of the House was called up for consideration.

Senators Terrill and Boatner asked to coauthor SB 138, which was the order.

Senator Miller asked unanimous consent to amend SB 138 by crippling the Title, which was the order.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Nay; Smith.— 1.

Excused: Cate, Clifton and Stipe.— 3.




Senator Hopkins moved that the vote be reconsidered whereby SB 209 failed of passage.

Senator Leonard moved to table the Hopkins motion to reconsider, which motion was declared failed of adoption upon roll call as follows:

Aye: Branch, Cain, Choate, Dawson, Dennis, Ford, Green, Howell, Keller, Landis, Leonard, Porter, Smith, Taliaferro, Watson and York.— 16.

Nay: Boatner, Capps, Clifton, Combs, Cullison, Dahl, Giles, Hopkins, Johnson, Kilpatrick, Lamb, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taylor, Terrill, Winn, Wright and Young.—30.

T362 Senate Journal


Senator Hopkins pressed his motion to reconsider, which motion was declared adopted upon roll call as follows:

Aye: Capps, Clifton, Combs, Cullison, Dahl, Giles, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taylor, Winn and Wright.—27.

Nay: Boatner, Branch, Cain, Choate, Dawson, Dennis, Ford, Green, Howell, Landis, Leonard, Miller, Porter, Smith, Taliaferro, Terrill, Watson and York.— 18.

Excused: Cate, Stipe and Young.— 3.

THIRD READING



Aye: Capps, Clifton, Combs, Cullison, Dahl, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Luton, McCune, McDaniel, McIntyre, Moore, O ’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Winn and Wright.—29.

Nay: Boatner, Branch, Cain, Choate, Dawson, Dennis, Howell, Landis, Leonard, Miller, Porter, Smith, Watson and Young.— 14.

Excused: Cate, Ford, Randle, Stipe and York.—5.

The bill passed.

Senators Boatner, Ford, Cain and Dennis desired to vote Aye on the emergency.





GENERAL ORDER

SB 140 by Keller of the Senate and Lawter and Cox of the House was called up for consideration.

Senator Terrill moved to amend SB 140, Page 2, Line 6, by striking after the letter “ A” and before the word “ any” the language: “ motor vehicle” and replacing the same with the language “ consumer product” .

Senator Keller moved to table the Terrill amendment to SB 140, which motion was declared failed of adoption upon roll call as follows:

Aye: Cain, Clifton, Keller and Smith.— 4.

Nay: Boatner, Branch, Capps, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—38.

Excused: Cate, Choate, Giles, Randle, Stipe and Young.—6.

Senator Terrill pressed his motion to adopt his amendment to SB 140, which amendment was declared adopted.

Senator Taliaferro moved to amend SB 140, Page 2, Lines 12 through 15, by delet


ing Lines 12 through 15 and inserting the following language; “ 2. ‘Vehicle’ means any motor-driven vehicle, aircraft, motor- boats, manufactured home, mobile homes, motor homes, motorcyles and farm machinery.” and amending Title to conform.

Senator Keller moved to table the Taliaferro amendment to SB 140, which motion was declared failed of adoption upon roll call as follows:

Aye: Cain, Clifton, Combs, Howell, Keller, Kilpatrick, McCune, O’Connor, Smith and Young.— 10.

Nay: Boatner, Branch, Capps, Cullison, Dahl, Dawson, Dennis, Ford, Johnson, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—31.

Excused: Cate, Choate, Giles, Green, Hopkins, Randle and Stipe.—7.

Senator Taliaferro pressed his motion to adopt his amendment to SB 140, which amendment was declared adopted.

Senator Green moved to amend SB 140, Page 3, Line 18, by striking after the word “ the” and before the word “ purchase” the word “ full” and substitute the word “ agreed” , which amendment was declared adopted.

Senator Green moved to amend SB 140, Page 3, Line 18, by striking after the word “ price” and before the word “ less’ ’ on Page 3, Line 1, the words: “ including all collateral charges,” , which amendment was declared failed of adoption upon roll call as follows:

Aye: Capps, Cullison, Ford, Green, Johnson, Lamb, McIntyre, Miller, Moore, Shedrick, Taylor, Wright and Young.— 13.

Nay: Boatner, Branch, Cain, Clifton, Combs, Dahl, Dawson, Dennis, Howell, Keller, Kilpatrick, Landis, Leonard, Luton, McCune, McDaniel, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Taliaferro, Terrill, Watson, Winn and York.—29.

Excused; Cate, Choate, Giles, Hopkins, Randle and Stipe.—6.

Senator Taliaferro moved to amend SB 140, Page 6, Line 5Vi, by adding a new subsection “ G” as follows; “ G. Any action brought under this act shall be commenced within eighteen (18) months following the date of original delivery of the motor vehicle to the consumer.” and amending Title to conform, which amendment was declared adopted.

Senator Keller moved that SB 140 be advanced, which motion was declared adopted.

THIRD READING



Aye; Cain, Combs, Dahl, Dawson, Howell, Johnson, Keller, Kilpatrick, Leonard, McCune, Porter, Terrill and York.— 13.

Nay; Boatner, Branch, Capps, Clifton, Cullison, Dennis, Ford, Giles, Hopkins, Lamb, Landis, Luton, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Watson, Winn, Wright and Young.—30.

Excused; Cate, Randle and Stipe.—3.

♦Not Voting; Choate and Green.—2.

364 Senate Journal

♦Senators Choate and Green asked to be shown not voting on SB 140 for reason of personal interest, as provided in Article V, Section 24, Oklahoma Constitution.

The bill failed.


Pursuant to Rule 12-24 Senator Keller moved that the vote be reconsidered whereby SB 140 failed.

GENERAL ORDER

SB 153 by Winn of the Senate and Virtue of the House was called up for consideration.

Senator O’Connor moved to amend SB 153, Page 2, Line 7, by changing after the word “ insured” and before the word “ years” the words and figures “ fifty-five (55)” to read “ seventy (70)” , which amendment was tabled upon motion of Senator Winn upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 40.

Nay: Keller and O’Connor.—2.

Excused: Cate, Giles, Howell, Randle, Smith and Stipe.—6.

Senator Winn moved that SB 153 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.— 41.

Nay: Rhodes.— 1.

Excused: Cate, Giles, Howell, Randle, Stipe and Young.—6.

The bill passed.


GENERAL ORDER

SB 62 by Landis of the Senate and Ment- zer of the House was called up for consideration.

Senator Landis moved to amend SB 62, Page 14, Line 9 by adding after the word “ himself” on Line 9 the word “ or” and a new subparagraph (3) as follows: “ (3). unable to care for basic needs’ ’, which amendment was declared adopted.

Senator Landis moved to amend SB 62, Page 1, by cripping the Title, which amendment was declared adopted.

Senator Landis moved that SB 62 be advaneed, which motion was declared adopted.

THIRD READING




Aye: Boatner, Branch, Capps, Choate, Clifton, Combs, Cullison, D ^ l, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, MeCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.

Nay: Cain and Howell.—2.

Excused: Cate, Randle and Stipe.— 3.




Senator Ford moved that the vote be reconsidered whereby SB 247 failed of passage.

Senator Combs moved to table the Ford motion to reconsider, which motion was declared failed of adoption upon roll call as follows:

Aye: Combs, Johnson, Kilpatrick, Landis, Luton, Roberts, Schuelein, Shedrick, Terrill and York.— 10.

Nay: Boatner, Branch, Cain, Capps, Choate, Clifton, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Keller, Lamb, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Rozell, Smith, Taliaferro, Taylor, Watson, Winn, Wright and Young.—34.

Excused: Cate, Dennis, Randle and Stipe.—4.

Senator Ford pressed his motion to reeon- sider, whieh motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Cate, Dennis, Randle and Stipe.—4.

THIRD READING

Senator Ford asked unanimous consent to suspend Rule 12-8 to consider an amendment to SB 247 on Third Reading, which was the order.

Senator Ford moved to amend SB 247, Page 2, Lines 13 through 16 by striking after the word “ used” and before the period on Line 16 all language and adding the following language: “ and owned by religious organizations for religious purposes from such assessments” , which amendment was declared adopted.



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatriek, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson. Winn, Wright, York and Young.—45.

Excused: Cate, Randle and Stipe.— 3.


f366 Senate Journal


THIRD READING

Senator Rozell asked unanimous consent that the vote be reconsidered whereby SB 207 was advanced, which was the order.

GENERAL ORDER


Senator Rozell moved to amend SB 207, Page 17, Lines 10 through 13, by striking after the word “ vehicle,” on Line 10 and before the word “ employees” on Line 13 all language and inserting in lieu thereof the following language: “ his agents, his” and conforming the Title thereto, which amendment was declared adopted.

Senator Rozell moved to amend SB 207, Page 19, Lines 12 through 14, by striking after the word “ Any” on Line 12 and before the word “ person” on Line 14 all the remaining language and conforming the Title thereto, which amendment was declared adopted.

Senator Rozell moved that SB 207 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Cain, Capps, Choate, Clifton, Combs, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Rozell, Schue- lein, Shedrick, Smith, Taylor, Watson, Winn, Wright, York and Young.—38.

Nay: Branch, Cullison, McDaniel, Roberts, Taliaferro and Terrill.—6.

Excused: Cate, Giles, Randle andStipe.—4.



GENERAL ORDER

SB I9 I by Smith of the Senate and Davis (Frank) of the House was called up for consideration.


THIRD READING



Aye: Branch, Capps, Choate, Clifton, Cullison, Dennis, Ford, Green, Hopkins, Howell, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Moore, O’Connor, Porter, Rhodes, Roberts, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—31.

Nay: Boatner, Cain, Combs, Dahl, Dawson, Giles, Johnson, Keller, McCune, Miller, Pierce, Rozell, Schuelein and Winn.— 14.

Excused: Cate, Randle and Stipe.—3.

The bill passed.

Senator Keller desired to vote Aye on the emergency.





GENERAL ORDER

SB 193 by Winn of the Senate and Reimer of the House was called up for consideration.

Senator Winn moved that SB 193 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 42.

Nay: Schuelein and Smith.—2.

Excused: Cate, Keller, Randle and Stipe.—4.

The bill passed.


GENERAL ORDER

SB 223 by Johnson of the Senate and Sanders of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.

Excused: Cate, Dennis, Keller, Randle and Stipe.—5.




Returning following Bill, together with Conference Committee Report thereon, advising adoption of Conference Committee Report and passage of Measure as amended: Engrossed SB 69.

The above numbered Bill, as amended in Conference, was referred for enrollment.

GENERAL ORDER

SB 273 by Taliaferro of the Senate and Glover of the House was called up for consideration.

Senator Taliaferro moved to amend SB 273, Page 6, Line 1, by adding after the word

368 Senate Journal1

“ basis.” the following; “ Any dividends payable on shares of stock in the cooperative shall be paid on preferred stock before dividends are paid on common stock.” and amending the Title to conform, which amendment was declared adopted.


THIRD READING



Aye; Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused; Cate, Keller, Randle and Stipe.—4.



GENERAL ORDER

SB 256 by O ’Connor of the Senate and Widener of the House was called up for consideration.

Senator Johnson moved to amend SB 256, Page 2, Lines 2 and 3, by striking after the word “ Statutes” on Line 2 and before the seeond word “ the” on Line 3, all language and substituting the word “ may” for the word “ to” on Line 3, which amendment was declared adopted.

Senator O’Connor moved that SB 256 be advanced, which motion was declared adopted.

THIRD READING



Aye; Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.— 37.

Nay; Boatner, Branch, Landis, Miller, Roberts, Rozell and York.—7.

Excused; Cate, Keller, Randle and Stipe.—4.

The bill passed.


GENERAL ORDER

SB 279 by Clifton of the Senate and Henry of the House was called up for consideration.


THIRD READING



Aye; Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Den-


nis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.

Excused: Boatner, Cate, Keller, Randle and Stipe.—5.

The bill passed.




SB 108.

SECOND READING


HB 1106 — HB 1142 — HB 1156 — HB 1233 — HB 1234 — HB 1265 — HB 1271 — HB 1272 — HB 1278 — HB 1339 — HB 1409 — HJR 1017

Agriculture General Government

- Judiciary- Judiciary- Judiciary- Finance- Education- General Government- Human Resources- Business and Labor- General Government- General Government


Advising passage of and transmitting for consideration Engrossed HBs 1028, 1046, 1052, 1055, 1056, 1060, 1099, 1134 and 1223.

HB 1028 — By Mentzer, Monks, Peterson and Glover of the House and Taliaferro of the Senate.

An act relating to amusements and sports; amending Provision No. 9, State Question No. 553, Initiative Petition No. 315 (3A O.S. Supp. 1982, Section 209); requiring voter approval for pari-mutuel racetracks; requiring eertain action on certain applications; providing procedure for certain elections; stating applicability of section to certain elections; and declaring an emergency.


[ The State Supreme Court — appropriations — operative date — emergency ]


[ Offices of the Attorney General and the Crime Victims Compensation Board — appropriations — operative date — emergency ]


[ Oklahoma Department of Libraries — appropriation — operative date — emergency ]


[ State Arts Council of Oklahoma — amending Section 168 of Title 53 — appropriations — operative date — emergency ]


[ Office of the Insurance Commissioner — amending Section 321 of Title 36 — ap-

I propriation — operative date — emergency ]

r370 Senate Journal

HB 1099 — By Shurden of the House and Terrill of the Senate.

An act relating to children; amending 10 O.S. 1981, Section 1116, as amended by Section 23, Chapter 312, O.S.L. 1982 (10 O.S. Supp. 1982, Section 1116); providing for certain kinds of disposition orders for wards of the court; adding prison visits to such dispositional orders; requiring the Director of the Department of Corrections to establish a program to provide for certain prison visits; expressing legislative intent; providing for the utilization of certain prisoners; providing for codification; and providing an effective date.

HB 1134 — By Duckett, Leftwich and Davis (Porter) of the House and Smith of the Senate.

An act relating to state government; requiring certain law enforcement officials to forward copies of missing person reports to the Oklahoma State Bureau of Investigation; providing for codification; and providing an effective date.

HB 1223 — By Lawter, Stottlemyre, Monks, Fitzgibbon, Combs, Gray, Vaughn, Leftwich, Baker, McCorkell, Murphy, Riggs, Logan, Peterson, Williams (Fred- dye), Boyd, Duke, Ross, Anderson, and Hamilton of the House and Stipe of the Senate.

[ Labor — amending seven sections in Title 40 — Employment Security Act of 1980 — emergency ]


COMMITTEE REPORTS


DO PASS:

HB 1002 — Judiciary, coauthored by Clifton (principal Senate author) and Taliaferro of the Senate.


HB 1040 — Judiciary, coauthored by Clifton (principal Senate author).

HB 1096 — Judiciary, coauthored by Rozell (principal Senate author) and Cain, Taliaferro and Lamb of the Senate.



Hutchinson, Ben, Eastern Oklahoma Building and Construction Trades Council.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday, March 16, 1983, at 1:30 p.m ., which motion prevailed.


Forty-second Legislative DayWednesday, March 16,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—45.




INTRODUCTION

Senator Combs introduced his daughter, Audrey and asked unanimous consent, which was granted, that she be allowed privileges of the floor for this legislative day.


HAs to SB 108 were concurred in upon motion of Senator Combs.


Senator Howell asked to coauthor SB 108, which was the order.


Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—41.

Excused: Cate, Dahl, Ford, Randle, Stipe, York and Young.—7.



r372 Senate Journal


Senator Miller moved the adoption of the Committee Report on Executive Nominations, shown on Pages 357 and 358, which motion was declared, adopted, the roll call thereon being as follows:

Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—43.

Excused: Cate, Dennis, Stipe, York and Young.—5.



SBs 4, 62, a , 65, 138, 153, 191, 193, 207, 209, 213, 223, 247, 256, 273, 279 and305 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.


MESSAGE FROM THE HOUSE HAS to SENATE BILLS


SB 285.GENERAL ORDER


Senator Roberts moved to amend SB 276, Page 1, Line 4, by deleting after the word “ any” and before the word “ capable” the word “ firearm” and inserting the word “ shotgun” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—43.

Excused: Cate, Clifton, Stipe, York and Young.—5.

The bill passed.


On the question of passage of the emergency, the vote resulted as follows: Aye: 44. Excused: 4.




Advising fourth reading of and transmitting for signature Enrolled HJR 1004.

Forty-second Legislative Day, Wednesday, March 16, 1983 373

The above numbered Enrolled HJR was, after fourth reading, properly signed and ordered returned to the Honorable House.

GENERAL ORDER

SB 311 by Ford and Green of the Senate and Rogers of the House was called up for consideration.

Senator Ford moved to amend SB 311, Page 4, Lines 1 through 15 by striking Section 3, and renumbering, which amendment was declared adopted.

Senator Ford moved that SB 311 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—44.

Excused: Cate, Randle, Stipe andYork.— 4.



GENERAL ORDER

SJR 26 by Rozell of the Senate and Fried and Virtue of the House was called up for consideration.

Senator Rozell moved that SJR 26 be advanced, which motion was declared adopted.

THIRD READING


SJR 26 — By Rozell of the Senate and Fried and Virtue of the House.

A joint resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 32 of Article X of the Constitution of the State of Oklahoma, which relates to State Public Common School Building Equalization Fund; removing limit on amount paid to or for any school district from fund; granting Legislature authority to establish a formula for payments from fund; providing ballot title; and directing filing.


Section 1. The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Section 32 of Article X of the Constitution of the State of Oklahoma to read as follows:

Section 32. For the purpose of providing buildings for school districts, there is hereby established a State Public Common School Building Equalization Fund in which shall be deposited (1) such monies as may be designated or provided for such purpose by the Legislature, other than ad valorem taxes, and(2) [any royalties, bonuses, rentals, or other monies derived from oil and gas leases on lands that have been or may be granted by the United States to the State for the use and benefit of the common schools, or lands that are or may be held by the Commissioners of the Land Office

T374 Senate Journal

for the use and benefit of the common schools, the proceeds of the sale of easements, improvements and sand and gravel on any such lands,] the proceeds of all property that shall fall to the State by escheat[,l AND penalties for unlawful holding of real estate by corporations[, and capital gains on assets of the permanent school fund]; provided, that if such disposition and use of money from any such sources shall be declared invalid, the validity of other provisions of this Section shall not be affected thereby. The State Public Common School Building Equalization Fund shall be administered by the State Board of Education, until otherwise provided by the Legislature. Such Fund shall be used to aid school districts in acquiring buildings, under such regulations as may be prescribed by the administering agency, unless otherwise provided by law, [but] AND the amount paid therefrom to or for any school district [during any twenty-year period shall not be more than the amount by which Four Hundred Dollars ($400.00) per pupil in average daily attendance during the immediately preceding fiscal year exceeds ten per centum (10%) of the districts then existing net assessed valuation] SHALL BE DETERMINED BY A FORMULA ESTABLISHED BY THE LEGISLATURE. The administering agency is authorized to accept grants-in-aid from the Federal Government for building purposes.

Section 2. The Ballot Title for the proposed Constitutional amendment as set forth in SECTION I of this resolution shall be in the following form:

BALLOT TITLE




amending Section 32 of Article X which provides for state Public Common School Building Equalization Fund; deleting invalid language; removing limit on amount paid to or for any school district from fund; and granting the Legislature authority to establish a formula for payments to or for any school district from fund





Section 3. The President Pro Tempore of the Senate shall, immediately after the passage of this resolution, prepare and file one copy thereof, including the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General.



Excused: Cate, Randle, Stipe andY o r k .^ .




GENERAL ORDER

SB 121 by Capps of the Senate and Glover of the House was called up for consideration.

Senator Taliaferro asked to coauthor SB 121, which was the order.

Senator Capps moved to amend SB 121 by crippling the Title, which amendment was declared adopted.

Senator Capps moved that SB 121 be advanced, which motion was declared adopted.THIRD READING



Aye: Branch, Cain, Capps, Choate, Clifton, Combs, Dawson, Ford, Giles, Green, Howell, Johnson, Kilpatrick, Lamb, Leonard, Luton, McCune, McIntyre, O’Connor, Porter, Rhodes, Schuelein, Smith, Taliaferro, Taylor, Terrill, Watson and Wright.—28.

Nay: Boatner, Cullison, Dahl, Dennis, Hopkins, Keller, Landis, McDaniel, Miller, Moore, Pierce, Roberts, Rozell, Shedrick and Young.— 15.

Excused: Cate, Randle, Stipe, Winn and York.— 5.

The bill passed.





GENERAL ORDER

SB 181 by Landis and Giles of the Senate and Mentzer of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Capps, Choate, Clifton, Cullison, Dahl, Dawson, Ford, Giles, Hopkins, Howell, Johnson, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, O’Connor, Porter, Randle, Roberts, Rozell, Schuelein, Smith, Taliaferro, Taylor, Watson. Winn and Young.—32.

Nay: Cain, Combs, Dennis, Green, Keller, McCune, Moore, Pierce, Rhodes, Shedrick, Terrill and Wright.— 12.

Excused: Cate, Kilpatrick, Stipe and York.-




GENERAL ORDER

SB 189 by Terrill of the Senate and Barker of the House was called up for consideration.


376 Senate Journal

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright and Young.—43.

Excused: Cate, Porter, Stipe, Winn and York.—5.



GENERAL ORDER

SB 208 by Hopkins of the Senate and Monks of the House was called up for consideration.

Senator Hopkins moved to amend SB 208, Page 2, Line 17, by striking after the word “ of” and before the word “ vehicle” the word “ the” and insert in lieu thereof the word “ a” , which amendment was declared adopted.

Senator Hopkins moved to amend SB 208, Page 2, Line 18 and Page 3, Line 1, by striking after the word “ employed” on Page 2, Line 18, and before the word “ full-time” the word “ either” and after the word “ fulltime” and before the word “ in” on Page 3, Line 1, strike the words “ or part-time” , which amendment was declared adopted.

Senator Hopkins moved to amend SB 208, Page 3, Line 2, by inserting after the word “ shall” and before the word “ be” the following language: “ within five (5) days from the date of employment’ ’, which amendment was declared adopted.

Senator Dennis moved to amend SB 208, Page 3, Lines 7 and 8, by striking after the word “ employed” and before the word “ full-time” the word “ either” and after the word “ full-time” and before the word “ in” strike the words “ or part-time” Line 8 — After the word “ commutes” and before the word “ from” strike the words “ daily or weekly’ ’ and insert in lieu thereof the words “ bi-weekly or more often” , which amendment was declared adopted.

Senator Hopkins moved to amend SB 208, Page 3, Line 17, and Page 4, Lines 1,2 and 3 by striking after the word “ be” on Line 17 and before the word “ the” on Line 3, Page 4, the following language: “ twenty-five cents ($0.25) per day from such date to the date of registration, such penalty to continue to accrue for a period of thirty (30) days upon failure to register, after which time it shall be equal to” , which amendment was declared adopted.


THIRD READING

Senator Hopkins asked unanimous consent that SB 208 be laid over temporarily, which was the order.

GENERAL ORDER

SB 168 by Terrill of the Senate and Henry of the House was called up for consideration.



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—45.




THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—40.

Nay: Dawson, Green, McDaniel, Pierce and Shedrick.—5.

Excused: Cate, Stipe and York.— 3.The bill and emergency passed.

SB 208 w as referred for engrossm ent.

GENERAL ORDER

SB 240 by Shedrick of the Senate and Hooper of the House was called up for consideration.

Senator Wright asked to coauthor SB 240, which was the order.

Senator Shedrick moved to amend SB 240 by crippling the Title, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.— 44.

Nay: Landis.— 1.

Excused: Cate, Stif>e and York.—3.



GENERAL ORDER

SB 250 by Smith and Randle of the Senate and Anderson of the House was called up for consideration.

378 Senate Journal

Senator Smith moved that SB 250 be advanced, which motion was declared adopted.THIRD READING



Aye: Boatner, Branch, Capps, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Terrill, Watson, Winn, Wright and Young.—36.

Nay: Cain, Dahl, Giles, Green, Howell, Keller, O’Connor, Pierce and Taylor.—9.


The bill passed.


SB 315 by Terrill of the Senate and Blodgett of the House was called up for consideration.

Senator Terrill moved that SB 315 be advanced, which motion was declared adopted.THIRD READING



Aye: Capps, Clifton, Cullison, Ford, Green, Howell, Luton, McIntyre, Pierce, Porter, Rozell, Schuelein, Smith, Terrill and Watson.— 15.

Nay: Boatner, Branch, Cain, Choate, Combs, Dahl, Dawson, Dennis, Giles, Hopkins, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, O ’Connor, Randle, Rhodes, Roberts, Shedrick, Taliaferro, Taylor, Winn, Wright and Young.—29.

Excused: Cate, Johnson, Stipe and York.-

The Chair advised that Senator Johnson, having been present in the Chamber during the vote on SB 315 would be shown voting “ Nay” in compliance withRule 14-lB. The vote thereby resulted as follows: Aye: 15. Nay: 30. Excused: 3.

The bill failed.



GENERAL ORDER

SB 318 by Terrill of the Senate and Blodgett of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Moore, O’Connor,


Pierce, Porter, Rhodes, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—36.

Nay: Dawson, Howell, Johnson, Keller, McDaniel, Miller and Young.— 7.

Excused: Cate, Randle, Roberts, Stipe and York.—5.



GENERAL ORDER

SB 266 by Cain of the Senate and Mentzer of the House was called up for consideration.


THIRD READING




Excused: Cate, Randle, Stipe andYork.-


SB 2 6 6 was referred for engrossm ent.

GENERAL ORDER

SB 293 by Clifton and Capps of the Senate and Henry of the House was called up for consideration.

Senator Capps moved to amend SB 293, Page 1, Line 4, and Page 2, Line 1, by deleting after the word “ trust” the new language “ taking effect” and inserting in lieu thereof the words “ of a trustor dying” , which amendment was declared adopted.

Senator Capps moved to amend SB 293, Page 2, Line 9, by inserting after the figure “ 34” the sentence: “ This provision shall apply retrospectively to trusts of trustors dying after December 31, 1981.” , which amendment was declared adopted.

Senator Capps moved to amend SB 293, Page 2, Lines 13 and 14 by deleting after the word “ will” the new language “ taking effect” and by reinstating the stricken language ‘ ‘of a decedent dying’ ’, which amendment was declared adopted.

Senator Capps moved to amend SB 293, Page 3, Line 4, by inserting after the figure “ 97-34.” the following sentence: “ This provision shall apply retrospectively to wills of decedents dying after December 31, 1981.” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl,

380 Senate Journal

Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—44.

Excused: Cate, Keller, Stipe andYork.—4.



GENERAL ORDER

SB 283 by Cain of the Senate and McCor- kell of the House was called up for consideration.

Senator McCune asked to coauthor SB 283, which was the order.


THIRD READING



Aye: Cain, Capps, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright and Young.—37.

Nay: Boatner, Branch, Dahl, Lamb, Landis, Pierce and Winn.—7.

Excused: Cate, Keller, Stipe andYork.-




HAs to SB 285 were rejected upon motion of Senator Combs, Conference requested, and Senate Conferees appointed as follows: Senators Combs, Kilpatrick and McDaniel.

GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—44.

Excused: Cate, Keller, Stipe andY o rk .-4 .

The bill passed.



GENERAL ORDER

SB 299 by Clifton and Roberts of the Senate and Holden of the House was called up for consideration.

Senator Dawson asked to coauthor SB 299, which was the order.

Senator Dawson moved to amend SB 299, Page 1, by striking the Title, Enacting Clause and the body of the bill and inserting in lieu thereof the following:

“ An act relating to oil and gas; defining terms; requiring escrow accounts for unknown or unlocated owners; requiring certain reports be filed with the Oklahoma Tax Commission; directing deposit of certain monies in the Unclaimed Property Fund; providing that provisions of the Uniform Disposition of Unclaimed Property Act shall apply; restricting oil well plugging approvals; authorizing rules and regulations; providing for codification; and providing an effective date.


Section I . NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 551 of Title 52, unless there is created a duplication in numbering, reads as follows:

As used in this act:

1. ‘Division order’ means a contract of sale to the purchaser of oil or gas directing the purchaser to make payment for the value of the products taken in the proportions set out in the division order, which division order is prepared by the purchaser on the basis of the ownership shown in the title opinion prepared after examination of the abstracts and which is executed by the operator, the royalty owners and the other person having an interest in the production; and

2. ‘Persons’ means any individual, partnership, joint stock association, trust, cooperative, unincorporated association or corporation.


A. The Corporation Commission shall require the establishment of an escrow account in each case where:

1. Royalties, bonus payments, or other monies are directed to be paid under a pooling order, issued under the provisions of Section 87.1 of Title 52 of the Oklahoma Statutes; and

2. Persons entitled to the receipt of such monies are unknown or cannot be located after exercise of due diligence.

B. The escrow account shall be for the benefit of the rightful recipient of the monies. Any person showing sufficient proof of identity and proof of ownership of the property shall be promptly paid the sum accumulated in the escrow account.

C. The Tax Commission shall require reports of each such account be filed within thirty (30) days after the pooling order. The reports shall include, but not be limited to:

1. The name and last-known address of the property owner;

2. The legal description of the property interest subject to the pooling order;

3. The location and account number of the escrow account;

4. The person authorized to order withdrawals from the account; and

382 Senate Journal

5. Such other information as the Commission may require.

D. If no person submits a claim for funds held in escrow within one (1) year after the date of the pooling order, then the monies in that escrow account shall be deposited in the Unclaimed Property Fund as provided in Section 668 of Title 60 of the Oklahoma Statutes. All monies arising out of the same property interest subsequent to one (1) year after the pooling order shall be directly deposited into said Unclaimed Property Fund.

E. If any holder of monies is required to establish more than one escrow account by operation of any section of this act, then the monies accruing may all be commingled in a single account. Separate records of each deposit and withdrawal on behalf of specific persons shall be maintained.

F. Unless otherwise provided in this act, the provisions of the Uniform Disposition of Unclaimed Property Act, Sections 651 et seq. of Title 60 of the Oklahoma Statutes, shall apply.

Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 553 of Title 52, unless there is created a duplication in numbering, reads as follows;

A. If a division order is prepared by the parties to a well or wells, the designated operator of such well or wells shall report to the Tax Commission the names and last- known addresses of persons who have a property interest in the well or wells who cannot be located after the exercise of due diligence. The report shall also include the legal description of the property interest, and such other information as the Commission shall require. The report shall be filed within thirty (30) days after the division order is executed.

B. Payment shall be made to an escrow account, for the benefit of an unlocated owner of a property interest, of all monies resulting from the operation of such well or wells. If the owner is not located within one (1) year after the division order, or no claim is made against such escrow account, then all monies accrued in the escrow account, and all subsequent payments arising out of the same cause, shall be deposited in the Unclaimed Property Fund.


The Corporation Commission shall not finally approve the plugging of any well until after the designated operator of such well files an affidavit stating that all monies arising out of the operation of that well have been paid to the rightful recipients. If any monies have not been paid, or if any monies remain in escrow accounts, all such monies shall be deposited immediately into the Unclaimed Property Fund. If any plugging bond has been submitted by the designated operator to the Corporation Commission, it shall not be released until after the requirements of this section are met.


If any monies, not otherwise covered by this act, shall arise out of the production or operation of any oil or gas well for which the rightful recipient is unknown or cannot be located, such monies shall be placed in an escrow fund and reported to the Tax Commission in the same manner as provided in Section 2 of this act. If the rightful recipient is not located within one (1) year after the first deposit to the escrow account, or if no


claim is made against the escrow account, then all monies accrued in the escrow account, and all subsequent payments arising out of the same cause shall be deposited in the Unclaimed Property Fund,


A. The Corporation Commission is authorized to establish, administer and enforce rules and regulations for the implementation of this act. The Corporation Commission and the Oklahoma Tax Commission shall establish procedures for the full implementation of this act.

B. The operation of this act shall be prospective only. Any person holding monies described by this act on the effective date of this act may deposit such monies described by this act on the effective date of this act may deposit such monies into the Unclaimed Property Fund, and be relieved of liability as provided by this act.

Section 7. This act shall become effective November 1, 1983.” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Flop- kins, Howell, Johnson, Kilpatrick, Lamb,

Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—44.

Excused: Cate, Keller, Stipe andY o rk .-^ .

The bill passed.



GENERAL ORDER

SJR 22 by Cain of the Senate and Duckett of the House was called up for consideration.

Senator Cain moved that SJR 22 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—43.

Excused: Cate, Keller, Smith, Stipe and York.—5.


384 Senate Journal




Advising Conference granted on Engrossed SB 285, and naming House Conferees as follows: Draper, Fitzgibbon and Glover.

GENERAL ORDER

SB 268 by Terrill of the Senate and Holden of the House was called up for consideration.

Senator Terrill moved to amend SB 268, Page 56, Line 17, by striking all of Section 20 and adding a new Section 20 to read as follows: “ Section 20. This act shall become effective November 1, 1983, and shall remain in effect until November 1, 1988, before which time the statutory entity and related provisions of this act shall be subject to review and recommendation for re-creation and enactment according to the Oklahoma sunset laws of Title 74, Section 3901 et. seq. of the Oklahoma Statutes.” , which amendment was declared adopted.

Senator Combs moved to amend SB 268, Page 55, Line 13, by striking after the word “ Board” and before the word ‘ ‘exempt’ ’ the word “ may” and insert “ shall not” and adding after the word “ act” on Line 14 the following: “ including workers’ compensation insurance” , which amendment was declared adopted.

Senator Combs moved to amend SB 268, Page 9, Line 17, by striking Section 4 and renumbering, which amendment was declared adopted.

MOTION TO REREFER

Senator Clifton moved to rerefer SB 268 to the Committee on Business and Labor with instructions that an interim study be held on said bill.

Senator Terrill moved to table the Clifton motion to recommit, which motion was declared failed of adoption upon roll call as follows:

Aye: Boatner, Brandt, Capps, Choate, Cullison, Ford, Green, Leonard, McCune, McIntyre, Moore, Pierce, Porter, Rhodes, Rozell, Smith, Taliaferro, Terrill, Watson and Wright.—20.

Nay: Cain, Clifton, Combs, Dawson, Dennis, Giles, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Luton, McDaniel, O’Connor, Randle, Roberts, Schuelein, Shedrick, Taylor and Young.— 21.

Excused: Cate, Dahl, Keller, Miller, Stipe, Winn and York.—7.

Senator Clifton pressed his motion to recommit SB 268 to the Committee on Business and Labor which motion was declared adopted upon roll call as follows:

Aye: Cain, Clifton, Combs, Dawson, Giles, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Luton, McDaniel, O’Connor, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Taylor and Young.—22.

Nay: Boatner, Branch, Capps, Choate, Cullison, Dennis, Ford, Green, Leonard, McCune, McIntyre, Moore, Pierce, Rhodes, Smith, Taliaferro, Terrill, Watson, Winn and Wright.—20.

Excused: Cate, Dahl, Keller, Miller, Stipe and York.—6.


Senator Capps moved that the vote be reconsidered whereby SB 212 failed of passage, which motion was declared adopted upon roll call as follows:

1


Aye: Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn and Young.—37.

Nay: Choate, Dawson, Rozell and Wright.—4.

Excused: Cate, Dahl, Dennis, Keller, Miller, Stipe and York.—7.

THIRD READING



Aye: Branch, Cain, Capps, Clifton, Combs, Cullison, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Rhodes, Roberts, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson and Winn.—34.

Nay: Boatner, Choate, Dawson, Leonard, Pierce, Rozell, Wright and Young.—8.

Excused: Cate, Dahl, Keller, Randle, Stipe and York.—6.

The bill passed.



Senator Terrill moved that the vote be reconsidered whereby SB 268 was rereferred to the Committee on Business and Labor.

The Presiding Officer ruled the Terrill motion out of order and not subject to reconsideration by the Senate in that the Terrill vote was reflected as not being on the prevailing side of the question. Senate Rule 12-24E.

SECOND READING


HB 1028 — Business and Labor HB 1046 — Appropriations HB 1052 — Appropriations HB 1055 — Appropriations HB 1056 — Appropriations HB 1060 — Appropriations HB 1099 — Judiciary HB 1134 — Law Enforcement HB 1223 — Business and Labor


Advising passage of and transmitting for consideration Engrossed HBs 1033, 1034, 1045, 1057,1064,1104,1131,1169,1275, 1331, 1367, 1391, 1392 and 1430.

HB 1033 — By Henshaw of the House and Choate of the Senate.

An act relating to civil procedure; amending 12 O.S. 1981, Section 1289; providing for termination of alimony payments; providing for property payments; providing procedures; prohibiting a lien on real property for support payments; authorizing modification of support payments in certain circumstances; providing an operative date; and declaring an emergency.

HB 1034 — By McCorkell, Davis (Frank), Denman, Morgan, Sill, Ross and Baker of the House and Shedrick of the Senate.

An act relating to motor vehicles; amending 47 O.S. 1981, Section 6-303, as amended by Section 3, Chapter 273, O.S.L. 1982 (47 O.S. Supp. 1982, Section 6-303); prohibiting driving without a license; providing

386 Senate Journal

penalties; modifying penalties by the addition of the impounding of certain vehicles under certain conditions; granting the Department of Public Safety certain powers relating to vehicle impoundment; providing for hearings; requiring the payment of certain costs; allowing the sale of certain vehicles; providing procedures; providing for codification; and providing an effective date.


[ Office of the Attorney General — appropriation — operative date — emergency ]


[ Will Rogers Memorial Commission — amending Section 47.6 of Title 53 — appropriation — operative date — emergency ]


[ Commission on Fire Protection Personnel Standards and Education — appropriation — operative date — emergency ]

HB 1104 — By Converse.An act relating to motor vehicles; amend

ing 47 O.S. 1981, Section 1-103; declaring certain vehicles to be authorized emergency vehicles; providing for certain equipment on said vehicles; and providing an effective date.

HB 1131 — By Baughman and Glover of the House and Rozell of the Senate.

[ Eminent domain — amending Sections 9, 10, and 13 of Title 27 — effective date ]

HB 1169 — By McCorkell and Baker of the House and Cullison of the Senate.

An act relating to revenue and taxation; amending 68 O.S. 1981, Section 2459; providing for the sessions of the county boards

of equalization; modifying certain time periods; providing for certain duties and authority of said boards; and declaring an emergency.

HB 1275 — By Lewis.An act relating to abstracting; amending 1

O.S. 1981, Section 1; authorizing abstractors’ access to certain instruments; increasing abstractors’ bonds; providing limitations and penalties; and declaring an emergency.

HB 1331 — By Riggs of the House and Hopkins of the Senate.

An act relating to counties; amending 19 O.S. 1981, Section 957; including certain public trust employees in definition of employee for limited purpose; and declaring an emergency.

HB 1367 — By Kincheloe of the House and Howell of the Senate.

An act relating to cities and towns; amending 11 O.S. 1981, Section47-119; providing for the use of certain private roadways; limiting certain areas for which certain provisions apply; exempting certain property from certain requirements; listing certain conditions; providing exception; and declaring an emergency.


An act relating to poor persons; creating the Human Services Contingency Fund; stating purpose; requiring expenditure to be made by certain warrants; limiting the liability of the Department of Human Services on certain claims; prohibiting the awarding of certain damages; providing for joinder and interpleader; providing for the apportionment of claims in certain cases; providing for settlement; providing for payment of certain judgment or settlement; providing for accrual of interest; affirming the sovereign immunity of the Department and Commission; providing for codification; and declaring an emergency.


HB 1392 — By Harris.An act relating to professions and occupa

tions; amending 59 O.S. 1981, Section 1332, as amended by Section 4, Chapter 149, O.S.L. 1982 (59 O.S. Supp. 1982, Section 1332); providing for the forfeiture of certain bail bonds and procedures related thereto; deleting the return of certain forfeitures; and providing an effective date.

HB 1430 — By Riggs of the House and Taylor of the Senate.

An act relating to fees; authorizing costs in certain juvenile proceedings; providing for payment and collection; specifying amounts; providing procedures; providing for codification; providing for operative date; and declaring an emergency.



Advising passage of and transmitting for consideration Engrossed HJR 1002 and HJR 1005, the Special Election Section having received the constitutional two-thirds majority of votes of Members elected to and constituting the House of Representatives.

HJR 1002 — By Cox of the House and Porter and McIntyre of the Senate.

A joint resolution directing state agencies to provide certain reports concerning employment to the Governor, Speaker of the House of Representatives, and the President Pro Tempore of the Senate; providing for contents of such reports; providing for the cessation of such reports; and declaring an emergency.

HJR 1005 — By Riggs of the House and York of the Senate.

A joint resolution directing the Secretary of State to refer to the people for their approval or rejection proposed amendments to Sections 2, 3 and 4 of Article XXV of the Constitution of the State of Oklahoma;

changing the name of the Department of Public Welfare to the Department of Human Services; changing the name of the Oklahoma Public Welfare Commission to the Human Services Commission; providing for discharge of executive and administrative powers and duties subject to legislative review and final approval; providing for the formulation of policies and adoption of rules and regulations; eliminating duties and responsibilities of Director and Commission relating to employment of personnel; clarifying authority of the executive and legislative branches of government; providing ballot title; directing filing; and ordering a special election.

The above numbered HJRs were read the first time.

COMMITTEE REPORTS


DO PASS:

HB 1021 — Business and Labor.HB 1083 — General Government.HB 1098 — Business and Labor.HB 1204 — Business and Labor, coau

thored by Luton (principal Senate author).HB 1208 — General Government.HB 1247 — Business and Labor.HB 1305 — Transportation.


CS for CS for CSfor CS for CS for CS for CSfor CS for CS for CS for

SB 18 SB 23 SB 24 SB 27 SB 30 SB 31 SB 32 SB 34 SB 36 SB 38

Appropriations.Appropriations.Appropriations.Appropriations.

■ Appropriations.- Appropriations. • Appropriations.■ Appropriations.- Appropriations.- Appropriations.

388 Senate Journal

CS for SB CS for SB CS for SB CS for SB CS for SB CS for SB CS for SB CS for SB HB 1020 - HB 1252 -

40 — Appropriations. 42 — Appropriations. 45 — Appropriations. 47 — Appropriations. 49 — Appropriations.51 — Appropriations.52 — Appropriations. 55 — Appropriations.- Business and Labor.- General Government.



1

Forty-third Legislative DayThursday, March 17,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn and Young.— 42.

Excused: Cate, Keller, Miller, Stipe, Wright and York.—6.




SBs 121, 168, 181, 189, 208, 212, 240, 250,266,276,283,293,297,299,311,318 and SJRs 22 and 26 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.




SB 285.


Advising passage of and returning Engrossed SB 74.



The CCR on SB 285 was adopted upon motion of Senator Combs.



390 Senate Journal

Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Porter, Randle, Roberts, Rozell, Schuelein, Shed- rick, Taliaferro, Taylor, Terrill, Watson, Winn and Young.—34.

Nay: Ford, Green, McCune, Moore, O’Connor, Pierce, Rhodes and Smith.—8.




GENERAL ORDER

SB 162 by Dennis, Stipe and Roberts of the Senate and Abbott of the House was called up for consideration.

Senator Capps asked to coauthor SB 162, which was the order.

Senator Dennis moved to amend SB 162 by crippling the Title, which amendment was declared adopted.

Senator Dennis moved that SB 162 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Hopkins, Howell, John

son, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, McIntyre, O’Connor, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Winn and Young.— 33.

Nay: Ford, Giles, Green, Leonard, Moore, Pierce, Rhodes, Smith and Watson.—9.


The bill passed.


GENERAL ORDER

SB 174 by Pierce of the Senate and Koppel of the House was called up for consideration.

Senator Pierce moved that SB 174 be advanced, which motion was declared adopted.

THIRD READING



Aye: Branch, Capps, Choate, Clifton, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Moore, O’Connor, Pierce, Randle, Rhodes, Rozell, Schuelein, Smith, Taylor, Watson, Winn and Young.—32.

Nay: Boatner, Cain, Combs, Dawson, McIntyre, Porter, Roberts, Shedrick, Taliaferro and Terrill.— 10.

Excused: Cate, Keller, Miller, Stip>e, Wright and York.—6.

Forty-third Legislative Day, Thursday, March 17, 1983 391



GENERAL ORDER

SB 248 by Randle of the Senate and Fried of the Flouse was called up for consideration.


THIRD READING

SB 248 was read for the third time at length, as follows:

SB 248 — By Randle of the Senate and Fried of the House.

An act directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 6, Article X of the Oklahoma Constitution, which relates to property exempt from taxation; limiting exemption to nonprofit schools; providing ballot title; and directing filing.


Section 1. The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Section 6 of Article X of the Constitution of the State of Oklahoma, to read as follows:

Section 6. All property used for free public libraries, free museums, public cemeteries, property used exclusively for NONPROFIT schools, colleges, and all property used exclusively for religious and charitable purposes, and all property of the United States, and of this state, and of counties and of municipalities of this state; household goods of the heads of families, tools, imple

ments, and livestock employed in the support of the family, not exceeding One Hundred Dollars ($100.00) in value, and all growing crops, shall be exempt from taxation: Provided, that all property not herein specified now exempt from taxation under the laws of the Territory of Oklahoma, shall be exempt from taxation until otherwise provided by law: And provided further, that there shall be exempt from taxation to all ex-Union and ex-Confederate soldiers, bona fide residents of this state, and to all widows of ex-Union and ex-Confederate soldiers, who are heads of families and bona fide residents of this state, personal property not exceeding Two Hundred Dollars ($200.00) in value.

All property owned by the Murrow Indian Orphan Home, located in Coal County, and all property owned by the Whitaker Orphan Home, located in Mayes County, so long as the same shall be used exclusively as free homes or schools for orphan children, and for poor and indigent persons, and all fraternal orphan homes, and other orphan homes, together with all their charitable funds, shall be exempt from taxation, and such property as may be exempt by reason of treaty stipulations, existing between the Indians and the United States government, or by federal laws, during the force and effect of such treaties or federal laws. The Legislature may authorize any incorporated city or town, by a majority vote of its electors voting thereon, to exempt manufacturing establishments and public utilities from municipal taxation, for a period not exceeding five (5) years, as an inducement to their location.

Section 2. The Ballot Title for the proposed Constitutional amendment as set forth in SECTION 1 of this act shall be in the following form:

BALLOT TITLE


392 Senate Journal



amending Section 6 of Article X of the Constitution of the State of Oklahoma by limiting the exemption from property taxation for schools to nonprofit schools





Section 3. The President Pro Tempore of the Senate shall, immediately after the effective date of this act, prepare and file one copy thereof, including the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General.

On the question of the passage of the Bill, the roll call was as follows:

Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn and Young.—42.


The Bill was declared passed.

SB 248 was ordered referred for engrossment.

GENERAL ORDER

SB 274 by McDaniel of the Senate and Fitzgibbon of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn and Young.—42.






Senator Terrill moved that the vote be reconsidered whereby SB 281 failed of passage, which motion was tabled upon motion of Senator Young upon roll call as follows:

Aye: Boatner, Branch, Choate, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Leonard, McDaniel, Moore, O’Connor,


Rhodes, Roberts, Schuelein, Smith, Watson, Winn and Young.—25.

Nay: Cain, Capps, Clifton, Combs, Dennis, Landis, Luton, McCune, McIntyre, Pierce, Randle, Rozell, Shedrick, Taliaferro, Taylor and Terrill.— 16.

Excused: Cate, Keller, Miller, Porter, Stipe, Wright and York.—7.

GENERAL ORDER

SB 244 by Cullison of the Senate and Williams (Penny) of the House was called up for consideration.

Senator Cullison moved that SB 244 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn and Young.— 42.


The bill passed.




HB 1022.

GENERAL ORDER

SB 308 by Smith of the Senate and Riggs of the House was called up for consideration.

Senator Smith moved to amend SB 308 by crippling the Title, which amendment was declared adopted.

Senator Leonard moved to amend SB 308, Page 4, Line 15, by inserting a new Section 3 to read as follows:

“ Section 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 35.1 of Title 12, unless there is created a duplication in numbering, reads as follows:

The duties of the court clerk may include the process of passports as permitted and prescribed by federal law and regulation if the court clerk files a written election with the Administrative Director of the Courts to process passports. Upon the filing of said election to process passports as an official duty and service, the court clerk shall execute such passport applications as are presented and all passport fees and portions of such passport fees retained by the court clerk, as permitted and prescribed by federal law and regulation, shall be mandatorily deposited by the court clerk in a fund in the county treasury designated in Section 1301 of Title 20 of the Oklahoma Statutes as ‘The Court Fund’.’’ and by renumbering subsequent sections and by amending the title to conform.

1394 Senate Journal

Senator Smith moved to table the Leonard amendment to SB 308, which motion was declared failed of adoption upon roll call as follows:

Aye: Cain, Clifton, Ford, Green, Hopkins, Smith and Winn.—7.

Nay: Boatner, Branch, Capps, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schue- lein, Shedrick, Taliaferro, Taylor, Terrill, Watson and Young.—34.

Excused: Cate, Keller, Miller, Porter, Stipe, Wright and York.— 7.

Senator Leonard pressed his motion to adopt his amendment to SB 308, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn and Young.—40.

Nay: Clifton and Smith.—2.


Senator Young moved to amend SB 308, Page 2, Line 3, by striking “ Seventy-five Dollars ($75.00)’ ’ and inserting in lieu thereof “ Fifty Dollars ($50.00)’’, which amendment was declared adopted.

Senator McDaniel moved to amend SB 308, Page 4, Line 2, by changing the figure “ 7.00” to “ 15.00” , which amendment was declared adopted.


THIRD READING



Aye: Choate, Clifton, Combs, Ford, Green, Leonard, Luton, McCune, McDaniel, O’Connor, Smith and Watson.— 12.

Nay: Boatner, Branch, Cain, Capps, Cullison, Dahl, Dawson, Dennis, Giles, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, McIntyre, Moore, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Winn and Young.—29.

Excused: Cate, Keller, Miller, Randle, Stipe, Wright and York.—7.

The bill failed.


Pursuant to Rule 12-24 Senator Smith moved that the vote be reconsidered whereby SB 308 failed.





Advising the Honorable Senate that the House of Representatives, by unanimous consent has suspended Joint Rule 17 (a) 4 as it applies to House Bills 1066, 1067, 1069,


1071,1072,1179,1180,1219 and 1369 andfurther extended the date for reporting said bills from the Appropriations and Budget Committee from March 17, 1983 to March 24, 1983.

SECOND READING


HB 1033 — Judiciary HB 1034 — Law Enforcement HB 1045 — Appropriations HB 1057 — Appropriations HB 1064 — Appropriations HB 1104 — Transportation HB 1131 — Judiciary HB 1169 — Finance HB 1275 — Business and Labor HB 1331 — General Government HB 1367 — General Government HB 1391 — Human Resources HB 1392 — Judiciary HB 1430 — Finance HJR 1002 — General Government HJR 1005 — Human Resources


Advising passage of and transmitting for consideration Engrossed HBs 1065, 1081, 1085,1124,1167,1174,1187,1189,1199, 1202,1206,1217,1224,1227,1281,1282, 1292,1293,1298,1302,1314,1315,1318, 1319,1337,1338,1341,1358,1394,1396, 1397, 1415, 1422 and HJR 1021.


[ State Department of Agriculture — stating purposes — appropriations — operative date — emergency ]

H B 1081 — B y K oppel, R eim er andD avis (Frank) o f the H ouse and Leonard o fthe Senate.

An act relating to liens; amending 42 O.S. 1981, Section 146; providing for the filing and enforcement of certain liens on certain property; providing certain limitations on said liens; and providing an effective date.


[ Department of Economic and Community Affâirs — appropriation — codification — operative date — emergency ]

HB 1124 — By Shurden.[ Labor — amending Section 2-407 of Ti

tle 40 — fixing disqualifications for unemployment compensation benefits — effective date ]

HB 1167 — By McCorkell of the House and Cain of the Senate.

An act relating to children; amending 10 O.S. 1981, Section 60.7; providing for notice and hearing in cases of adoption without consent of parents; providing procedures; modifying notification procedures for parent who resides outside of county; and providing an effective date.

HB 1174 — By Hamilton, Barker, Riggs, Thompson, Harbin, Caldwell, Rogers and Converse of the House and Winn, Stipe, Capps, Porter and Hopkins of the Senate.

An act relating to professions and occupations; amending 59 O.S. 1981, Sections396.3, 396.4, 396.5, 396.6, 396.8 and 396.11; providing for the qualifications of and examination for a license to practice embalming and funeral directing; providing for and increasing certain fees; requiring a license for carrying on the embalming and funeral directing business; providing for reciprocity; providing exceptions; providing for the qualifications, application, registration, and certification for an apprenticeship; repealing 59 O.S. 1981, Sections 401, 402, 403, 404, 405 and 406; providing an operative date; and declaring an emergency.

T396 Senate Journal

HB 1187 — By Henry.An act relating to court costs and fees;

amending 12 O.S. 1981, Sections 1764, as amended by Section 1, Chapter 256, O.S.L. 1982, and 1771 (12 O.S. Supp. 1982, Section 1764), 20 O.S. 1981, Sections 15 and 38, and 28 O.S. 1981, Sections 152, 152.1, 152.2 and 153; increasing fees in certain types of civil and criminal actions; providing exceptions for indigents; repealing 28 O.S. 1981, Section 160; providing an operative date; and declaring an emergency.

HB 1189 — By Davis (Guy) of the House and Rozell of the Senate.

[Motor vehicles — amending Section 14- 103 of Title 47 — limiting the height and length of certain vehicles — emergency ]

HB 1199 — By Brown of the House and Taylor of the Senate.

[ Professions and occupations — amending 11 sections in Title 59 — barbers — repealing Sections 71 and 90 of Title 59 — codification ]

HB 1202 — By Lancaster and Widener of the House and Taliaferro of the Senate.

An act relating to revenue and taxation; amending 68 O.S. 1981, Section 2358, as amended by Section 2, Chapter 293, O.S.L. 1982 (68 O.S. Supp. 1982, Section 2358); specifying adjustments allowed for arriving at corporate and individual taxable income; providing for certain exceptions including farming corporations; providing an operative date; and declaring an emergency.

HB 1206 — By Draper of the House and Kilpatrick of the Senate.

An act relating to statutes and reports; amending 75 O.S. 1981, Sections 12, 13, 14, 17, 18, 19, 20, 180 and 181; providing procedures relating to compilation and distribution of official state statutes; specifying persons authorized to receive copies from the state; providing for sale, replacement, and delivery to successors in office with penal

ties; providing procedures for annual supplement volumes; providing for price of official statutes and supplements; repealing 75 O.S. 1981, Sections 15, 16 and 22; and declaring an emergency.

HB 1217 — By Mentzer, Cole, Virtue and Duckett of the House and Porter of the Senate.

An act relating to mental health; amending 43A O.S. 1981, Section 701; providing for medical and surgical care for certain persons under the direct care or custody of agencies, boards or commissions; providing for certain referrals; modifying referral; providing for transportation and security; providing for costs; providing an operative date; and declaring an emergency.

HB 1224 — By Murphy.An act relating to criminal procedure;

amending 22 O.S. 1981, Sections 718 and 762; providing for payment of witnesses in criminal cases; providing for conditional examination of witnesses in criminal cases; providing operative date; and declaring an emergency.

HB 1227 — By Anderson.[ Children — amending Section 1101 of

Title 10 — deprived child — effective date ]

HB 1281 — By Sherrer of the House and Capps of the Senate.

An act relating to agriculture; amending 2 O.S. 1981, Section 6-1(X); declaring the state a brucellosis eradication area; providing for the testing of cattle; providing certain indemnity payments; providing exceptions; providing funding; removing provision which requires suspension of program due to exhaustion of funds; and declaring an emergency.

HB 1282 — By Sherrer of the House and Capps of the Senate.

An act relating to weights and measures; amending 83 O.S. 1981, Sections 3, 3.1 and 4; authorizing the board of control to have


charge of various standards of weights, measures, and testing devices; providing for state standards; providing powers and duties of the Bureau of Standards; and providing an effective date.

HB 1292 — By Riggs and Anderson of the House and Landis of the Senate.

An act relating to torts; amending 76 O.S. 1981, Section 19; providing for access to certain medical and psychiatric records; disallowing certain communications to be privileged in certain situations; modifying certain procedures; requiring certain persons to apply to court to prevent release of certain records; requiring certain copies be made available to certain parties; and providing an effective date.

HB 1293 — By Riggs of the House and Landis of the Senate.

An act relating to civil procedure; amending 12 O . S. 1981, Section 264; providing for contents of a petition; requiring certain claims for damages to be a general assertion; authorizing procedures for discovery of such damages; providing for failure to respond to a request for statement of damages; limiting recovery of damages to amount specified in the response; and providing an effective date.

HB 1298 — By Deatherage, Twidwell, Fried, Williams (Penny), Davis (Porter) and Harbin of the House and York of the Senate.

[ Public buildings and public works — amending Section 1, Chapter 70, O.S.L. 1982 and Section 62 of Title 61 — providing for the Public Building Construction and Planning Act — repealing Section 132 of Title 61 — codification — operative date — emergency ]

HB 1302 — By Converse, Baker and Monks.

An act relating to soldiers and sailors; authorizing the Oklahoma Department of Veterans Affairs to establish certain training programs; providing for certain funds; re

quiring certain contracts; providing for rules and regulations; providing for the reimbursement of certain payments; providing for codification; and declaring an emergency.

HB 1314 — By Holt.An act relating to revenue and taxation;

amending 68 O.S. 1981, Section 205; providing that certain records and files be confidential and privileged; providing exceptions; allowing state agencies to obtain information from the Tax Commission under certain circumstances; establishing procedures; providing for hearings and appeals; requiring notice; authorizing the Tax Commission to transfer certain funds to state agencies; establishing priority of claims; providing for rules and forms; providing penalties; providing immunity from penalties in certain circumstances; providing for codification; and providing an effective date.

HB 1315 — By Lancaster and Graves of the House and Johnson of the Senate.

An act relating to civil procedure; providing for certain dismissals and procedures related thereto; providing for codification; repealing 12 O . S . 1981, Sections 683 and 684; and providing an effective date.

HB 1318 — By Holden of the House and Terrill of the Senate.

An act relating to insurance; amending 36 O.S. 1981, Sections 101,306,311.1,311.2, 321,622,908,909, 1211 and 1902; providing short title; providing for certain records, books, papers, and files; providing for service of process and copies of said service; increasing costs for service of process; providing for certain fees and licenses; increasing certain fees; providing for apportionment of said fees; assessing an annual fee to pay for certain costs; making certain acts unlawful and providing penalties therefor; requiring reports on financial conditions; providing procedures for delinquency hearings; and providing an effective date.

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HB 1319 — By Harbin, Pietezel and Boeckman of the House and Taliaferro of the Senate.

An act relating to civil procedure; authorizing the courts to dismiss certain actions or counterclaims or defenses; providing for the awarding of costs; providing for codification; and providing an effective date.

HB 1337 — By Williamson of the House and Smith of the Senate.

An act relating to criminal procedure; amending 22 O.S. 1981, Sections 1175.2 and 1175.6; providing for certain competency procedures; prohibiting certain testimony; providing for certain appointments; providing for certain rights; providing for the suspension of certain proceedings; providing for and modifying certain disposition orders; requiring certain reports; and providing an effective date.

HB 1338 — By Widener of the House and Winn of the Senate.

An act relating to insurance; providing short title; providing for application; defining terms; requiring certain notice and statement with certain insurance applications; providing for review of certain statements; providing for certain notification; requiring certain copies to be maintained for certain period; providing for certain guarantee; providing form of notice, statement, and certain definitions; providing for penalties; providing for codification; and providing an effective date.

HB 1341 — By Lawter and Holden.An act relating to insurance; amending 36

O.S. 1981, Sections 6202, 6203, 6204, 6205, 6206, 6207, 6208, 6209, 6210, 6211, 6212, 6213, 6214, 6215, 6216, 6217, 6218, 6219 and 6220; modifying definitions; requiring certain licenses with exceptions; providing procedures for applications for and issuance of certain licenses; requiring that certain evidence be furnished to the Commissioner; providing for certain examinations with exceptions; providing classes of

insurance for which an adjuster may be licensed; providing for manuals of instruction; prescribing contents of an adjuster’s license; providing for certain fees; providing for duplicate licenses; providing for duration of licensing; providing for the Insurance Commissioner’s Adjusting Fund; requiring certain bonds; providing requirements concerning the place of business of a licensed adjuster; granting an adjuster certain authority with restrictions; providing for renewals of licenses; providing for the licensing of emergency adjusters; providing for the refusal of licenses; expanding grounds for censure, suspension, revocation, or refusal to renew a license; prohibiting certain acts; providing penalties; establishing an advisory board and providing procedures and duties therefor; providing for codification; and providing an effective date.

HB 1358 — By Sill of the House and Clifton of the Senate.

An act relating to insurance; providing short title; enacting the Oklahoma Insurance Broker Act; defining term; prohibiting certain acts; providing for certain licensure; providing for certain requirements, qualifications, fees, and renewals relating to said licensure; providing for certain filing and liability; providing for certain bonds; providing penalties; providing for certain payments; prohibiting certain compensation; providing for certain funds; authorizing certain rules and regulations; providing for codification; and providing an effective date.

HB 1394 — By Conaghan of the House and O’Connor of the Senate.

An act relating to insurance; amending 36 O.S. 1981, Sections 6055 and 6057; providing for policy coverage for certain services or procedures; clarifying extent of coverage; providing an operative date; and declaring an emergency.

HB 1396 — By Harris and Graves.An act relating to criminal procedure;

amending 22 O.S. 1981, Section 1175.3;


requiring notice of certain defenses; requiring certain orders of the court upon receipt of said notice; requiring certain examinations; requiring the state to provide certain results, reports, tests, or records to certain persons; prohibiting the admittance of certain evidence; providing procedures, hearings, examinations, orders, and instructions relating to incompetency determinations; providing for codification; and providing an effective date.

HB 1397 — By Deatherage, Davis (Porter), Harbin, Atkinson, Boeckman, Clark, Cole, Conaghan, Davis (Frank), Fair, Gordon, Graves, Harvey, Hastings, Henshaw, Hill, Holt, Kamas, Kincheloe, Koppel, Little, Rieger, Sill, Whorton and Williamson of the House and Randle of the Senate.

[ State government — amending 12 sections in Title 74 — Data Processing Planning and Management Act — appropriations — repealing Section 4, Chapter 204, O.S.L. 1981, and Section 118.9 of Title 74 — operative date — emergency ]

HB 1415 — By Henry.An act relating to state government;

amending 74 O . S. 1981, Section 85.29; providing schedule for certain required surety; adding surety requirement for the Finance Department of the Corporation Commission; and providing an effective date.

HB 1422 — By Lewis.An act relating to prisons and reformato

ries; amending 57 O.S. 1981, Section 510, as amended by Section 47, Chapter 338, O.S.L. 1982 (57 O.S. Supp. 1982, Section 510); providing for powers and duties of Director of Department of Corrections; allowing said Director to establish certain age limits; removing provisions concerning powers and duties toward county, city, and town jails; repealing Section 1, Chapter 64, O.S.L. 1981; and providing an effective date.

HJR 1021 — By McCorkell and Denman of the House and Randle of the Senate.

A joint resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to the Oklahoma Constitution by adding a new section to Article X to be designated as Section 9D; providing for an ad valorem tax levy for a Department of Health for the purpose of providing health care, including but not limited to indigent health care; requiring voter approval; providing for continuance of levy; providing methods for discontinuing levy; allowing joint departments of health between or among governmental subdivisions; providing for no prohibitions on other levies or public funds; providing no limitation on certain other provisions; providing ballot title; directing filing; and ordering a special election.


COMMITTEE REPORTS


DO PASS:

HB 1308 — Agriculture, coauthored by Taliaferro (principal Senate author).

HB 1332 — Agriculture.


CS for SB 19 — Appropriations.CS for SB 22 — Appropriations.CS for SB 25 — Appropriations.CS for SB 26 — Appropriations.CS for SB 29 — Appropriations.CS for SB 41 — Appropriations.CS for SB 46 — Appropriations.CS for SB 48 — Appropriations.CS for SB 50 — Appropriations.HB 1025 — Agriculture.HB 1118 — Agriculture.CS for HB 1221 — Natural Resources,

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coauthored by Leonard, Taliaferro, Capps, Lamb and Landis of the Senate.



Fleischaker, Pam, Planned Parenthood Association of Oklahoma City.


Advising approval by him, March 17, 1983, of Enrolled SBs 69 and 108.

BILLS RELEASED

SBs 198 and 232 were referred for engrossment.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Monday, March 21, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 12:20 p.m. to meet Monday, March 21, 1983, at 1:30 p.m.

r

Forty-fourth Legislative DayMonday, March 21,1983

The Senate was called to order by President Bernard.

Roll Call:

Present: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Excused: Cate and Porter.—2.


The prayer was offered by Reverend Frank Giles, Freewill Baptist Church, Newcastle, the guest of Senator Branch.



SBs 162,174,198,232,244,248 and 274were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.



The CCR on HB 1022 was called up for consideration.

Senator Lamb moved to reject the CCR on HB 1022 and request further conference with instructions to strike the provisions of the bill allowing minimum betting age limit of 18 years and insert age 21 years, which motion was tabled upon motion of Senator Terrill upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Clifton, Dahl, Dawson, Dennis, Green, Howell, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill and York.—24.

Nay: Choate, Combs, Cullison, Ford, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Moore, Pierce, Randle, Rhodes, Roberts, Stipe, Watson, Wright and Young.— 19.

Excused: Cate, Giles, Hopkins, Porterand W inn.— 5.

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Senator Watson moved to reject the CCR on HB 1022 and request further conference with instructions to strike the provision that would allow Sunday racing, which motion was tabled upon motion of Senator Terrill upon roll call as follows:

Aye: Boatner, Branch, Cain, Clifton, Dahl, Dawson, Dennis, Green, Hopkins, Leonard, McCune, McDaniel, O’Connor, Pierce, Randle, Rozell, Schuelein, Smith, Stipe, Taylor, Terrill, Winn, Wright and York.—24.

Nay: Capps, Choate, Combs, Cullison, Ford, Giles, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Luton, Miller, Moore, Rhodes, Roberts, Shedrick, Taliaferro, Watson and Young.—21.

Excused: Cate, McIntyre and Porter.—3.

The CCR on HB 1022 was adopted upon motion of Senator Terrill.



Aye: Boatner, Branch, Cain, Capps, Clifton, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Leonard, McCune, McDaniel, Miller, O’Connor, Pierce, Randle, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Winn, Wright and York.—34.

Nay: Choate, Combs, Keller, Kilpatrick, Lamb, Landis, Luton, Moore, Rhodes, Watson and Young.— 11.

Excused: Cate, McIntyre and Porter.—3.



Pursuant to Rule 12-24 Senator Terrill moved that the vote be reconsidered whereby HB 1022 and the Emergency passed.

GENERAL ORDER

SB 239 by Dennis of the Senate and Sher- rer of the House was called up for consideration.

Senator Dennis moved to amend SB 239, Page 1, Line 5, by deleting the words: “ The governing authority of” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Nay: Smith.— 1.

Excused: Cate and Porter.—2.



Forty-fourth Legislative Day, Monday, March 21, 1983 403

GENERAL ORDER

SB 16 by Stipe and Winn of the Senate and Monks and Widener of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Clifton, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—41.

Nay: Combs, Moore and Pierce.— 3.

Excused: Cate, Choate, Porter andYork.—4.



MESSAGE EROM THE HOUSE




Senator Keller moved that the vote be reconsidered whereby SB 140 failed of passage, which motion was declared failed of adoption upon roll call as follows:

Aye: Boatner, Cain, Combs, Giles, Howell, Johnson, Keller, Kilpatrick, Landis, Leonard, McCune, Miller, Moore, O’Connor, Pierce, Randle, Rozell, Smith, Stipe, Taylor, Terrill, Watson and Young.—23.

Nay: Branch, Capps, Clifton, Cullison, Dahl, Dawson, Dennis, Ford, Hopkins, Lamb, Luton, McDaniel, McIntyre, Rhodes, Roberts, Schuelein, Shedrick, Taliaferro, Winn and Wright.—20.

Excused: Cate, Choate, Porter and York.-

* Not Voting: Green.— 1.

* Senator Green asked to be shown not voting for reason of personal interest, as provided in Article V, Section 24, Oklahoma Constitution.

GENERAL ORDER

SB 307 by Stipe and Shedrick of the Senate and Thompson of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—40.

404 Senate Journal

Nay: Dawson, McCune, McIntyre and Smith.—4.

Excused: Cate, Choate, Porter and Y o r k .^ .

The bill passed.


GENERAL ORDER

SB 68 by Howell of the Senate and Joiner of the House was called up for consideration.


THIRD READING



Aye: Cain, Capps, Choate, Clifton, Culli- son, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, McCune, McIntyre, O’Connor, Randle, Roberts, Rozell, Schue- lein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Winn and Wright.—31.

Nay: Boatner, Branch, Combs, Dahl, Keller, Luton, McDaniel, Miller, Moore, Pierce, Rhodes, Taliaferro and Young.— 13.

Excused: Cate, Ford, Porter andY o r k .^ .

The bill passed.

Senator Keller desired to vote Aye on the emergency.




GENERAL ORDER

SB 292 by Stipe and Johnson of the Senate and Harbin of the House was called up for consideration.


THIRD READING



Aye: Boatner, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.— 43.

Nay: Branch and McDaniel.—2.

Excused: Cate, Porter and York.— 3.



UNANIMOUS CONSENT REQUEST MOTIONS TO RECONSIDER A VOTE

Senator Schuelein asked unanimous consent to suspend the provisions of Rule 12- 24B and that all motions to reconsider a vote on Senate bills or joint resolutions made on Tuesday, March 22; Wednesday, March 23


and Thursday, March 24 be disposed of before the close of business on Thursday, March 24, which was the order.

GENERAL ORDER

SB 302 by Luton of the Senate and Lancaster of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.— 44.

Nay: Stipe.— 1.

Excused: Cate, Porter and York.—3.



GENERAL ORDER

SB 225 by Stipe of the Senate and Fitzgib- bon of the House was called up for consideration.

Senator Stipe asked unanim ous consent toam end SB 225 by crippling the T itle, whicham endm ent was declared adopted.


THIRD READING



Aye: Cain, Clifton, Cullison, Dawson, Hopkins, Howell, Kilpatrick, Luton, McIntyre, Miller, Randle, Roberts, Shedrick, Stipe, Taylor and Terrill.— 16.

Nay: Boatner, Branch, Capps, Choate, Combs, Dahl, Ford, Giles, Green, Johnson, Keller, Lamb, Landis, Leonard, McCune, McDaniel, Moore, O’Connor, Pierce, Rhodes, Rozell, Schuelein, Smith, Taliaferro, Watson, Winn, Wright and Young.—28.

Excused: Cate, Dennis, Porter and Y o r k .^ .

The bill failed.


Pursuant to Rule 12-24 Senator Stipe moved that the vote be reconsidered whereby SB 225 failed.

GENERAL ORDER

HB 1221 by Wldener, et al, of the House and Giles, et al, of the Senate was called up for consideration.

Senator Giles moved to amend HB 1221 by crippling the Title, which amendment was declared adopted.

Senator Giles rhoved that HB 1221 be advanced, which motion was declared adopted.

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THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.— 44.

Excused: Cate, Dennis, Porter and York.—4.



GENERAL ORDER

SB 294 by Howell of the Senate and Fried of the House was called up for consideration.

Senator O’Connor moved to amend SB 294, Page 24, Line 12'/2, by adding the following: “ All foreign students will pay the total cost of their education, and all out of state students would pay the same amount that an Oklahoma student would pay in their state.’’, which amendment was tabled upon motion of Senator Howell upon roll call as follows:

Aye: Boatner, Cain, Clifton, Dahl, Dawson, Dennis, Giles, Howell, Johnson, Keller, Landis, McDaniel, McIntyre, Miller, Randle, Rozell, Schuelein, Shedrick, Stipe, Taylor, Terrill, Winn, Wright and Young.— 24.

Nay; Branch, Capps, Choate, Combs, Cullison, Ford, Green, Hopkins, Kilpatrick, Lamb, Leonard, Luton, McCune, O’Connor, Pierce, Rhodes, Roberts, Smith, Taliaferro and Watson.—20.

Excused: Cate, Moore, Porter and Y o r k .^ .

Senator Luton moved to amend SB 294, Page 20, Line 7, by striking the figure “ $60.85” and replacing with the figure “ $136.00” .

Senator Howell moved to table the Luton amendment to SB 294, which motion was declared failed of adoption upon roll call as follows:

Aye: Branch, Cain, Dawson, Dennis, Green, Howell, Leonard, McCune, McDaniel, McIntyre, Schuelein, Wright and Young.— 13.

Nay: Boatner, Capps, Choate, Clifton, Combs, Cullison, Dahl, Giles, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Luton, Miller, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson and Winn.— 29.

Excused: Cate, Ford, Moore, Stipe and York.—6.

Porter,

Senator Luton pressed his motion to adopt his amendment to SB 294, which amendment was declared adopted.

Senator Luton moved that SB 294 be laid over until Tuesday, March 22, which motion was tabled upon motion of Senator Howell upon roll call as follows:

Aye: Branch, Cain, Capps, Clifton, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, McCune, McDaniel, McIntyre, Randle, Schuelein, Shedrick, Smith, Stipe, Taylor, Watson and Wright.—25.


Nay: Boatner, Choate, Combs, Dahl, Keller, Lamb, Landis, Leonard, Luton, Miller, O’Connor, Pierce, Rhodes, Roberts, Rozell, Taliaferro, Terrill, Winn and Young.— 19.

Excused: Cate, Moore, Porter andYork.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, Miller, O’Connor, Randle, Rhodes, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Watson, Winn and Wright.—35.

Nay: Combs, Dennis, Landis, McIntyre, Pierce, Roberts, Taliaferro, Terrill and Young.— 9.

Excused: Cate, Moore, Porter andY o r k .^ .



GENERAL ORDER

SB 272 by Green of the Senate and Vaughn of the House was called up for consideration.

Senator Dawson moved to amend SB 272, Page 1, by striking the Title, enacting clause and body of the bill and substituting the following:

A bill directing the Secretary of State to refer to the people for their approval or rejection proposed amendments to the Constitution of the State of Oklahoma; amending Sections 15, 16, 17 and 22 of Article IX, which relate to the Corporation Commission, and repealing Sections 18 and 18a of Article IX, which relate to the size, terms, powers, duties and organization of the Corporation Commission; delegating power to Legislature to determine number, terms, duties and powers of Corporation Commissioners and limiting certain terms; providing transition period; providing effective date; providing ballot title; and directing filing.


SECTION 1. The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendments of Sections 15, 16, 17 and 22 of Article IX of the Constitution of the State of Oklahoma, to read as follows:

Section 15. A Corporation Commission is hereby created, to be composed of [three] ONE OR MORE persons, who [shall] MAY be elected by the people at a general election for state officers, and [their terms of office shall he six years: Provided, Corporation Commissioners first elected under this Constitution shall hold oHice as follows: One shall serve until the second Monday in January, nineteen hundred and nine; one until the second Monday in January, nineteen hundred and eleven; and one until the second Monday in January nineteen hundred and thirteen; their terms to be decided by lot immediately after they shall have qualified.] WHOSE NUMBER, TERM OF OFFICE, POWERS AND DUTIES MAY BE PROVIDED BY THE LEGISLATURE. In case of a vacancy in said office, the Governor of the state shall fill such vacancy by appointment until the next general election, when a successor [shall]

408 Senate Journal

MAY be elected to fill out any unexpired term. THE TERM OF ANY ELECTED CORPORATION COMMISSIONER WHO TAKES OFFICE ON OR AFTER THE EFFECTIVE DATE OF THIS BILL SHALL BE LIMITED TO AND EXPIRE ON JANUARY 1, 1988.

Section 16. The qualifications of [such commissioners] A COMMISSIONER shall be as follows: To be A resident [citizens] CITIZEN of this state for over two (2) years next preceding the election, and A qualified [voters] VOTER under the Constitution and laws, and not less than thirty (30) years of age; nor shall [such commissioners, or either of them,] A COMMISSIONER be, directly or indirectly, interested in any [railroad, street railway, traction line, canal, steam-boat, pipe-line, car line, sleeping- car line, car association, express line, telephone or telegraph line, operated for hire, in this State, or out of it, or any stock, bond, mortgage, security, or earnings of any such railroad, street railway, traction line, canal, steam-boat, pipe-line, car line, sleeping-car line, car association, express line, telephone or telegraph line, compress or elevator companies] BUSINESS ACTIVITY REGULATED BY THE COMMISSION AS PROVIDED BY THE LEGISLATURE; and if such Commissioner shall voluntarily become so interested, his office shall become vacant; and if any Corporation Commissioner shall become so interested otherwise than voluntarily, he shall, within a reasonable time, divest himself of such interest; and failing to do this, his office shall become vacant. Nor shall any such Commissioner hold any other office under the government of the United States, or of this state, or any other state government, and shall not, while such Commissioner, engage in any occupation or business inconsistent with his duties as such Commissioner.

Section 17. Before entering upon the duties of his office, each [of said Commissioners] COMMISSIONER shall take and

subscribe to the oath of office as prescribed in this Constitution and shall, in addition thereto, swear that he is not, directly or indirectly, interested in any [railroad, street railway, traction line, canal, steam-boat, pipe-line, car line, sleeping-car line, car association, express line, telephone or telegraph line, nor in the bonds, stocks, mortgages, securities, contract or earnings of any railroad, street railway, traction line, canal, steam-boat, pipe-line, car line, sleeping-car line, car association, express line, telephone or telegraph line] BUSINESS ACTIVITY REGULATED BY THE COMMISSION AS PROVIDED BY THE LEGISLATURE; and that he will, to the best of his ability, faithfully and justly execute and enforce the provisions of this Constitution, and all the laws of this state concerning [railroads, street railways, traction lines, canals, steam-boats, pipelines, car lines, sleeping-car lines, car associations, express lines, telephone and telegraph lines, compress and elevator companies, and] all other corporations AND BUSINESS ACTIVITIES over which said Commission has jurisdiction, which oath shall be filed with the Secretary of State.

Section 22. The Corporation Commission shall, whenever an appeal is taken therefrom, file with the record of the case, and as a part thereof, a written statement of the reasons upon which the action appealed from was based, and such statement shall be read and considered by the Supreme Court, upon disposing of the appeal. In no case of appeal from an order of the Corporation Commission shall any new or additional evidence be introduced in the Supreme Court, but the cause shall be heard on the record made before the Corporation Commission, and the [Chairman of the] Commission, under the seal of the Commission, shall certify to the Supreme Court all the facts upon which the action appealed from was based, and which may be essential for the prompt decision of the appeal, together with all evidence introduced before said Corporation Commission,


as may be selected, specified or required to be certified, by any party in interest, as well as such other evidence, so introduced before the Commission as the [Chairman] COMMISSION may deem proper to certify; provided however, that in any appeal from an order of the Corporation Commission in which a party thereto asserts the violation of any right under the Constitution of the United States or the Constitution of the State of Oklahoma, the Supreme Court shall require the Commission to take and receive such additional evidence as is necessary to judicially determine the rights of the parties and report the same to the Court, in such manner as the Court may prescribe, for its consideration before the appeal is finally decided.

SECTION 2. Sections 18 and 18a of Article IX of the Constitution of the State of Oklahoma are hereby repealed. All other sections of Article IX not herein amended or repealed are specifically not amended or repealed.

SECTION 3. This bill shall become effective January 1, 1984. On or after the first Tuesday after the first Monday in January, 1984, the Legislature shall enact the necessary and appropriate laws to implement and place in operation the provisions of this bill no later than January 1, 1988.

SECTION 4. The Ballot Title for the proposed Constitutional amendments as set forth in SECTIONS 1, 2 and 3 of this bill shall be in the following form:

BALLOT TITLE



Shall a Constitutional am endm ent

amending Sections 15, 16, 17 and 22 and repealing Sections 18 and 18a of Article IX of the Constitution of the State of Oklahoma, delegating to the Legislature the power to determine the number and terms of Corporation Commissioners and their duties and powers, limiting terms of Commissioners taking office on or after January 1, 1984, providing a transition period until January 1,1988, and providing an effective date of January 1, 1984,





SECTION 5. The President Pro Tempore of the Senate shall, immediately after the passage of this bill, prepare and file one copy thereof, including the Ballot Title set forth in SECTION 4 hereof, with the Secretary of State and one copy with the Attorney General.” , which amendment failed of adoption upon a division of the question.



Senator Terrill moved that the vote be reconsidered whereby the Dawson amendment to SB 272 failed of adoption, which motion failed of adoption upon roll call as follows:

Aye: Cain, Capps, Clifton, Dawson, Green, Howell, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Pierce, Randle, Roberts, Schuelein, Shed- rick, Taliaferro, Terrill and Young.—21.

Nay: Boatner, Branch, Choate, Combs, Cullison, Dahl, Dennis, Giles, Hopkins,

410 Senate Journal

Johnson, Keller, Kilpatrick, Lamb, Miller, Rhodes, Rozell, Smith, Taylor, Watson, Winn and Wright.—21,

Excused: Cate, Ford, Moore, Porter, Stipe and York.—6.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—44.

Excused: Cate, Moore, Porter andY o r k . ^ .

The bill passed.


SECOND READING


HB 1065 HB 1081 HB 1085 HB 1124 HB 1167 HB 1174 HB 1187

Appropriations Judiciary Appropriations Business and Labor JudiciaryBusiness and Labor Judiciary

HB 1189 - HB 1199 - HB 1202 - HB 1206 - HB 1217 - HB 1224 - HB 1227 - HB 1281 - HB 1282 - HB 1292 - HB 1293 - HB 1298 - HB 1302 - HB 1314 - HB 1315 - HB 1318 - HB 1319 - HB 1337 - HB 1338 - HB 1341 - HB 1358 - HB 1394 - HB 1396 - HB 1397 - HB 1415 - HB 1422 - HJR 1021

TransportationBusiness and LaborFinanceJudiciaryAppropriationsJudiciaryJudiciaryAgricultureBusiness and LaborJudiciaryJudiciaryGeneral Government General Government Finance JudiciaryBusiness and LaborJudiciaryJudiciaryBusiness and Labor Business and Labor Business and Labor Business and Labor Judiciary Appropriations General Government Law Enforcement

— Finance



HB 1041 — By Henry, Anderson, Harbin, Riggs and Williams (Penny) of the House and Taylor of the Senate.

An act relating to prisons and reformatories; providing for immunity of the state, political subdivisions, and certain persons from liability for certain torts; providing for codification; and declaring an emergency.

HB 1170 — By Kincheloe, Virtue, Cole, Littlefield and Williams (Penny) of the House and Roberts of the Senate.

[ Manufactured homes — amending nine sections in Title 47 and Sections 2101 and 2104 in Title 68 — codification — repealing


Section 16, Chapter 118, O.S.L. 1981 and Section 2104.2 in Title 68 — operative date — emergency ]



Returning following Bill, together with Conference Committee Report thereon, advising adoption of Conference Committee Report and passage of Measure as amended; Engrossed SB 285.


COMMITTEE REPORTS



CS for SB 28 — Appropriations.CS for SB 39 — Appropriations.CS for SB 54 — Appropriations.CS for SB 58 — Appropriations.



Moyer, Marilyn J., First National Bank and Trust Company of Tulsa.



Forty-fifth Legislative DayTuesday, March 22,1983


Roll Call:

Present; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.



The prayer was offered by Reverend Giles, the guest of Senator Branch,

EXECUTIVE NOMINATION

The following executive nomination was read and referred to the Committee on Executive Nominations;

Kenneth Larry W ells, N orm an, as a m em ber to the Alcoholic Beverage ControlBoard.


SBs 16, 68, 239, 272, 292, 294, 302 and307 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.




Advising adoption of and returning the following Engrossed Resolution as amended:

SCR 3, as coauthored by Ross of the House.


Senator Terrill moved that the vote be reconsidered whereby HB 1022 passed.

414 Senate Journal

which motion was tabled upon motion of Senator York.

HB 1022, together with the CCR thereon, was ordered returned to the Honorable House.

INTRODUCTION

Senator Terrill introduced his son and daughter in law, Todd and Renee, and his youngest son, Tony, and asked unanimous consent, which was granted, that young Tony be allowed privileges of the floor.

GENERAL ORDER

SB 304 by York and Shedrick of the Senate and Leftwich of the House was called up for consideration.

Senator York moved to amend SB 304 by crippling the Title, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Cate, Miller and Porter.— 3.

The bill passed.


BILLS WITHDRAWN — REREFERRED

Senator McDaniel asked unanimous consent that SB 261 and SJR 20 be withdrawn from the Calendar and rereferred to the Standards and Ethics Committee, which was the order.

GENERAL ORDER

\ SB 3 by McCune of the Senate and Hobson of the House was called up for consideration.


THIRD READING



Aye: Cain, Choate, Clifton, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Kilpatrick, Leonard, Luton, McCune, McIntyre, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—33.

Nay: Boatner, Branch, Capps, Combs, Cullison, Giles, Keller, Lamb, Landis, McDaniel, Moore and O’Connor.— 12.

Excused: Cate, Miller and Porter.—3.

The bill passed.


Forty-fifth Legislative Day, Tuesday, March 22, 1983 415

GENERAL ORDER

SB 194 by Dennis of the Senate and Williamson of the House was called up for consideration.


THIRD READING


On the question of passage 6f the bill and emergency, the roll call resulted as follows;

Aye: Branch, Cain, Capps, Cate, Clifton, Combs, Dawson, Dennis, Giles, Hopkins, Howell, Keller, Kilpatrick, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Pierce, Randle, Roberts, Rozell, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Winn, Wright, York and Young.—34.

Nay: Boatner, Choate, Cullison, Dahl, Ford, Green, Johnson, Lamb, Moore, Rhodes, Schuelein and Watson.— 12.

Excused: Miller and Porter.—2.



Pursuant to Rule 12-24 Senator Smith moved that the vote be reconsidered whereby SB 194 and the emergency passed.

BILL WITHDRAWN—REREFERRED

Senator Dawson asked unanimous consent that SB 63 be withdrawn from the Calendar and rereferred to the Transportation Committee, which was the order.




GENERAL ORDER

SB 171 by Howell of the Senate and Lewis of the House was called up for consideration.

Senator Taliaferro moved to amend SB 171, Page 3, Line 15, by adding a new Section 2 as follows: “ Section 2. Only those depositories which comply with the requirements and restrictions applicable to state banks in Oklahoma including the reserve requirements, capital structure and ratio requirements, and quarterly publication of resources and liabilities requirements, shall qualify as State Depository Banks and be eligible to act as depositories under this Act.” and renumbering, which amendment was declared adopted.


THIRD READING



Aye: Cain, Choate, Clifton, Combs, Ford, Green, Howell, Johnson, Keller, Kilpatrick, Landis, Leonard, McIntyre, Moore, Pierce, Rhodes, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson and Wright.—24.

Nay: Boatner, Branch, Capps, Cate, Cullison, Dahl, Dawson, Dennis, Giles, Hop

416 Senate Journal

kins, Lamb, Luton, McCune, McDaniel, Miller, O’Connor, Randle, Roberts, Rozell, Stipe and Young.—21.

Excused; Porter, Winn and York.—3.

The bill failed.


Pursuant to Rule 12-24 Senator Howell moved that the vote be reconsidered whereby SB 171 failed.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Smith, Taliaferro, Terrill, Wright and Young.—39.

Nay: Giles, Schuelein, Shedrick, Stipe, Taylor and Watson.—6.

Excused: Porter, Winn and York.— 3.

THIRD READING



Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dennis, Ford, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Luton, McCune, McIntyre,

Moore, Pierce, Randle, Rhodes, Roberts, Smith, Terrill, Wright, York and Young.—30.

Nay: Boatner, Dahl, Dawson, Giles, Johnson, Leonard, McDaniel, Miller, O’Connor, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor and Watson.— 16.

Excused: Porter and Winn.—2.

The bill passed.

Senators Taliaferro and Dawson desired to vote Aye on the emergency.




GENERAL ORDER

SB 188 by Terrill of the Senate and Henry of the House was called up for consideration.

Senator Terrill announced that copies of an amendment to SB 188 had been distributed and moved its adoption, pending further consideration by the Senate.

The Presiding Officer advised the Senate that there was an amendment to the Terrill amendment to SB 188 on the Clerk’s desk and directed the Clerk to read;

Senator Clifton moved to amend SB 188, Page 1, by substituting the following language for paragraph A: “ A. The following acts by an employee organization shall be considered unfair labor practices and subject to the injunction provisions of Oklahoma Statutes, Title 12, Section 1381 et seq.” and the following language in paragraph B.; “ B. The following acts by an employer shall be considered unfair labor practices and subject


to the injunction provisions of Oklahoma Statutes, Title 12, Section 1381 et seq.”

Senator Terrill raised a point of order on the Clifton amendment to SB 188 and requested a ruling of the Chair on the priority of consideration of the Clifton amendment before the Terrill amendment, to which point the Chair ruled out of order.

Senator Howell raised a point of order and requested a ruling of the Chair on the order of presentation of the amendments to SB 188 on the Clerk’s desk stating that if the Senate considers the Clifton amendment to the Terrill amendment and the Senate agrees to work from the Terrill substitute, then is the Terrill substitute subject to further amendment.

The Presiding Officer ruled that there were two amendments to the Terrill substitute amendment to SB 188 to be considered before the Terrill amendment could be heard.

Senator Clifton pressed his motion to adopt his amendment to SB 188.

Senator Terrill moved to table the Clifton amendment to SB 188, which motion was declared failed of adoption upon roll call as follows:

Aye: Boatner, Branch, Cain, Cate, Combs, Dawson, Hopkins, Keller, Kilpatrick, McIntyre, Shedrick, Taylor, Terrill and York.— 14.

Nay: Capps, Choate, Clifton, Cullison, Dahl, Dennis, Ford, Giles, Green, Howell, Johnson, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Watson, Winn, Wright and Young.— 33.


Senator Clifton pressed his motion to adopt his amendment to SB 188.

Senator Young moved to rerefer SB 188 to the Committee on Business and Labor.

Senator Luton moved to table the Young motion, which motion was declared failed of adoption upon roll call as follows:

Aye: Cain, Cate, Clifton, Combs, Dawson, Hopkins, Howell, Keller, Kilpatrick, Leonard, Luton, McDaniel, McIntyre, Randle, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill and York.—22.

Nay: Boatner, Branch, Capps, Choate, Cullison, Dahl, Dennis, Ford, Giles, Green, Johnson, Lamb, Landis, McCune, Miller, Moore, O ’Connor, Pierce, Rhodes, Roberts, Smith, Watson, Wright and Young.—24.

Excused: Porter and Winn.—2.

Senator Young pressed his motion to rerefer SB 188 to the Committee on Business and Labor.

Senator Luton moved as a substitute motion to rerefer SB 188 to the Committee on Business and Labor with instructions to conduct an interim study.

The Presiding Officer ruled the Luton substitute motion out of order and declared the Young motion a prior motion.

Senator Luton moved that SB 188 be advanced, which motion was declared failed of adoption upon a division of the question.

Senator Young pressed his motion to rerefer SB 188 to the Committee on Business and Labor.

Senator Terrill raised a point of order asking what priority a motion to strike the bill from the Calendar would have. The Chair ruled it ranked behind any of the other motions on the desk because it is not specifically in the Rules.

418 Senate Journal

Senator Terrill asked unanimous consent that SB 188 be laid over, to which request objection was heard.

Senator Terrill moved that SB 188 be laid over.

The Chair ruled the Young motion to rerefer SB 188 was a prior motion to the Terrill motion and before the Senate.

Senator Terrill moved that the Senate recess until 3:00 p.m.

Senator Young raised a point of order on his motion to rerefer SB 188 to the Committee on Business and Labor as being a prior motion to the Terrill recess motion, which point of order the Chair overruled.

Senator Young moved to table the Terrill recess motion, which motion the Chair ruled out of order.

Senator Terrill asked for a ruling of the Chair on whether or not the recess motion was debatable.

The Presiding Officer ruled the Terrill recess motion nondebatable.

Senator Roberts moved that the Senate stand adjourned until 2:44 p.m., which motion the Chair ruled out of order since the Senate cannot adjourn and reconvene on the same day.

Senator Terrill moved to appeal the ruling of the Chair on the recess motion being nondebatable.

Senator Stipe moved to limit the time for debate on the Terrill appeal, which motion was declared adopted.

The Presiding Officer ordered the “ ayes” and “ nays” called on the Terrill motion to appeal the ruling of the Chair, which motion to appeal was declared failed of adoption.

Senator Terrill asked unanimous consent, which was granted, that his motion to recess be withdrawn.

Senator Young pressed his motion to rerefer SB 188 to the Committee on Business and Labor, which motion was declared failed of adoption upon roll call as follows:

Aye: Branch, Capps, Choate, Dahl, Ford, Giles, Green, Johnson, Keller, Lamb, Landis, Leonard, McCune, Miller, Moore, Pierce, Rhodes, Roberts, Smith, Watson, Winn, Wright and Young.—23.

Nay: Boatner, Cain, Cate, Clifton,Combs, Cullison, Dawson, Dennis, Hopkins, Howell, Kilpatrick, Luton, lylcDaniel, McIntyre, O’Connor, Randle, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill and York.—24.


Senator Clifton pressed his motion to adopt his amendment to SB 188, which amendment was declared adopted.

Senator Leonard moved to amend SB 188, Page 1, subsection B, paragraph 2, by striking the last sentence, which amendment was declared adopted.

Senator Terrill moved to amend SB 188, Page 1, by crippling the Title, which amendment was declared adopted.

Senator Terrill moved to amend SB 188, Page 2, Line I, by striking Sections 1 through 21 and substituting therefor the following: “ Section 1. NEW LAW Anew section of law to be codified in the Oklahoma Statutes as Section 509.8a of Title 70, unless there is created a duplication in numbering, reads as follows:

A. It shall be unlawful for an employee organization:


1. To restrain or coerce:

a. employees in the exercise of rights guaranteed in Section 509.1 et seq. of Title 70 of the Oklahoma Statutes. However, the provisions of this paragraph shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership in the organization, or

b. an employer in the selection of his representative for the purposes of negotiations or the adjustment of a grievance;

2. To cause or attempt to cause an employer to discriminate against an employee in violation of this act;

3. To refuse to negotiate in good faith with an employer, provided it is the representative of its employees pursuant to this act;

4. To enforce or require an employer to recognize for representation an employee organization not certified;

5. To seize or occupy or destroy property of the employer;

6. To violate or refuse to comply with any lawful order or decision issued by a court of competent jurisdiction.

B. It shall be unlawful for an employer:

1. To interfere with, restrain or coerce employees in the exercise of rights guaranteed in Section 509.1 et seq. ofTitle 70ofthe Oklahoma Statutes.

2. To dominate or interfere with the formation or administration of any employee organization or contribute financial or other support to it.

3. To encourage or discourage membership in any employee organization by discrimination in regard to hiring, tenure, or other conditions of employment;

4. To discharge or otherwise discriminate against an employee because he or she has filed charges or given testimony under this act;

5. Refusing to negotiate, failing to negotiate in good faith, or refusing to sign a final agreement agreed upon with the certified organization for the employees in the bargaining unit;

6. Refusing to discuss grievances in good faith, pursuant to the terms of the negotiated agreement with either the certified organization for the employees or the employee involved;

7. To distribute or circulate any blacklist of individuals exercising any legal right or of members of any employee organization for the purpose of preventing individuals so blacklisted from obtaining or retaining employment;

8. To violate any of the rules and regulations regulating the conduct of representation elections or other orders relating to certification for an exclusive representative; and

9. To violate or refuse to comply with any lawful order or decision issued by a court of competent jurisdiction.

C. If the employee organization or the employer believes that any person is engaging in any prohibited practices, as described in subsections A and B of this Section, the employee organization or the employer may petition the district court in the county in which the main office of the employer is located for appropriate relief,

D. The district courts are vested with jurisdiction specifically to enforce and to prevent and restrain violations of this act and shall have jurisdiction in all other cases arising under this act to grant appropriate relief to the employer or employee organization for violations of this act.”

420 Senate Journal

and by renumbering subsequent section, and on Page 43, Line 14, by striking Section 23, and amending the Title to conform, which amendment was declared adopted.


THIRD READING

Senator Terrill asked unanimous consent that SB 188 be laid over for this legislative day, which was the order.

GENERAL ORDER

SB 81 by Smith of the Senate and Williamson of the House was called up for consideration.


THIRD READING


On question of passage of the bill and emergency, the roll call resulted as follows:

Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Moore, O’Connor, Randle, Rhodes, Roberts, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.— 37.

Nay: Boatner, Ford, Giles, Johnson, Landis, Miller, Pierce, Rozell, Schuelein and Winn.— 10.




Pursuant to Rule 12-24 Senator Smith moved that the vote be reconsidered whereby SB 81 and the emergency passed.

GENERAL ORDER


Senator O ’Connor moved that SB 237 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—44.

Excused: Porter, Shedrick and York.—3.

* Not Voting: O’Connor.— 1.

* Senator O’Connor asked to be shown not voting on SB 237 for reason of personal interest, as provided in Article V, Section 24, Oklahoma Constitution.





GENERAL ORDER

SB 280 by Green of the Senate and Hen- shaw of the House was called up for consideration.

Senator Rhodes moved to amend SB 280, Page 7, Line 1, by restoring after the word “ to” and before the word “ district” the words “ the city or” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—43.

Excused; Cate, Porter, Randle, Shedrick and York.—5.




GENERAL ORDER

SB 205 by Schuelein of the Senate and Vaughn of the House was called up for consideration.

Senator Dawson moved to amend SB 205, Page 12, Line 2, by striking after the second comma and before the period on Line 5, all language, which amendment was declared adopted.

Senator Dawson moved to amend SB 205, Page 12, Line 12, by striking after the period all language up and through Line 13 on Page 13, which amendment was declared adopted.

Senator Schuelein moved that SB 205 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—41.

Excused: Giles, Luton, Porter, Randle, Shedrick, York and Young.—7.



422 Senate Journal

FIRST READING


SR 15 — By Terrill and Dahl.A resolution requesting the President of

the United States, the United States Congress, the United States Forest Service, the Governor of the State of Oklahoma and the State Department of Agriculture to prevent the sale of public wilderness land in Oklahoma; and directing distribution.


Senator Terrill asked unanimous consent to suspend Rule 5-4 and refer SR 15 direct to the Calendar for immediate consideration, which was the order.

GENERAL ORDER

SR 15 by Terrill and Dahl was called up for consideration.

Senators Hopkins, O’Connor and Dennis asked to coauthor SR 15, which was the order.

SR 15 was adopted upon motion of Senator Terrill and referred for enrollment.

Senator Ford asked to be shown not voting on SR 15 for reason of personal interest, as provided in Article V, Section 24, Oklahoma Constitution.


Advising rejection of SAs to Engrossed HB 1221, requesting Conference and naming Conferees as follows: Widener, Hooper and Hill.

GENERAL ORDER

SJR 16 by Stipe, et al. of the Senate and Hill of the House was called up for consideration.

Senator Stipe moved that SJR 16 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McIntyre, Miller, Moore, O’Connor, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—42.

Excused: Clifton, Giles, Luton, McDaniel, Pierce and Porter.—6.



DECLARATIONS OF VOTES

Senator Shedrick asked that the record reflect had she been present at the time of Third Reading she would have voted ‘ ‘Aye’ ’ on the following bills: SBs 205, 237 and 280.

Senator Miller asked that the record reflect had he been present at the time of Third Reading he would have voted ‘ ‘Aye’ ’ on SBs 3and304and “ Nay” on SB 194, which was the order.

GENERAL ORDER

SB 323 by Stipe, Giles and Capps of the Senate and Murphy of the House was called up for consideration.

Senator Green asked coauthor SB 323, which was the order.


Senator Stipe moved to amend SB 323, Page 1, by crippling the Title, which amendment was declared adopted.

Senator Stipe moved to amend SB 323, Page 13, Lines 6, 7 and 8, by striking all of Lines 6, 7, and 8, which amendment was declared adopted.

Senator Stipe moved to amend SB 323, Page 14, Line 18, and Page 15, Line 6, by striking the words and figure “ One Dollar and thirty cents ($1.30)” and inserting the words and figure “ One Dollar ($1.00)” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Dahl, Dawson, Dennis, Ford, Green, Howell, Keller, Lamb, Landis, Leonard, McIntyre, Miller, Moore, Pierce, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—35.

Nay: Combs, Cullison, Hopkins, Johnson, Kilpatrick, McCune, O’Connor and Shedrick.—8.

Excused: Giles, Luton, McDaniel, Porter and Randle.—5.



GENERAL ORDER

SJR 23 by Stipe of the Senate and Whor- ton of the House was called up for consideration.

Senator Taylor asked to coauthor SJR 23, which was the order.

Senator Stipe moved that SJR 23 be advanced, which motion was declared adopted.

THIRD READING


On the question of passage of the resolution and emergency, the roll call resulted as follows;

Aye: Boatner, Branch. Cain. Capps, Cate, Choate. Combs, Cullison. Dahl, Dennis, Ford. Green, Hopkins, Howell. Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McIntyre, Moore, O ’Connor. Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright. York and Young.—38.

Nay: Clifton, Dawson, Johnson. Miller and Smith.—5.

Excused: Giles, Luton, McDaniel, Porter and Randle.—5.






424 Senate Journal

GENERAL ORDER

SJR 10 by Howell of the Senate and Henry of the House was called up for consideration.

Senator Terrill asked to coauthor SJR 10, which was the order.

Senator Howell moved that SJR 10 be advanced, which motion was declared adopted.

THIRD READING



Aye: Cain, Cate, Choate, Clifton, Howell, Kilpatrick, Leonard, Luton, McCune, O’Connor, Pierce, Rhodes, Roberts, Schue- lein, Taliaferro, Taylor, Terrill, Watson, Wright and York.—20.

Nay: Boatner, Branch, Capps, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Johnson, Keller, Lamb, Landis, McIntyre, Miller, Moore, Rozell, Shedrick, Smith, Stipe, Winn and Young.—24.

Excused: Giles, McDaniel, Porter and Randle.—4.

The resolution failed.


Pursuant to Rule 12-24 Senator Howell moved that the vote be reconsidered whereby SJR 10 failed.


Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HB 1221 was ordered granted. President Pro Tempore York appointing as Senate Conferees the following: Senators Leonard, Roberts and Giles.

GENERAL ORDER

SB 200 by York and Combs of the Senate and Draper of the House was called up for consideration.

Senator York asked unanimous consent to amend SB 200 by crippling the Title, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Moore, O ’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.— 39.

Nay: Cain.— 1.

Excused: Cate, Ford, Giles, McDaniel, Miller, Porter, Randle and Winn.—8.




FIRST READING


SR 16 — By Stipe.A resolution directing the State Depart

ment of Agriculture to purchase needed office furnishings from a state prison industry; and directing distribution.

SR 17 — By Stipe.A resolution urging the Corporation Com

mission to encourage the use of Oklahoma- produced coal in the state; and directing distribution.


Senator Stipe asked unanimous consent to suspend Senate Rule 5-4 to refer SR 16 direct to the Calendar for consideration tomorrow, which was the order.

SECOND READING


HB 1041 — Law EnforcementHB 1170 — Finance


Advising passage of and transmitting for consideration Engrossed HBs 1049, 1050, 1063,1073,1133,1186,1195,1215,1230, 1236, 1239 and 1316.


[ Court of Criminal Appeals — appropriation — operative date — emergency ]


[State Board of Public Affairs — amending Section 81 b of Title 74 — appropriations — codification — repealing Section 1829 of Title 74 — operative date — emergency ]


[ Chief Mine Inspector and State Mining Board — appropriations — operative date — emergency ]


[Oklahoma Public Employees Retirement System — amending Section 921 of Title 74. as last amended by S.B. No. 85 — operative date — emergency ]

HB 1133 — By Clark, Vaughn and Duckett of the House and McIntyre of the Senate.

[ Children — amending Section 1101 of Title 10 — handicapped children — emergency ]

HB 1186 — By Henry of the House and Clifton of the Senate.

An act relating to torts; defining terms: providing for immunity from civil liability for certain persons; providing exceptions; providing for codification; and providing an effective date.

HB 1195 — By Davis (Guy) of the House and Taylor of the Senate.

[ Professions and occupations — amending 11 sections in Title 59 — State Board of Cosmetology — codification — repealing Section 1, Chapter 36, O.S.L. 1979 — operative date — emergency [

HB 1215 — By Williams (Freddye), Baker, Cox, Craighead, Denman, Fried, Law- ter, McCorkell, Ross, Sanders, Vaughn and Williams (Penny) of the House and Howell of the Senate.

An act relating to schools; amending 70 O.S. 1981, Section 5-117, as amended by

426 Senate Journal

Section 1, Chapter 143, O.S.L. 1982 (70 O.S. Supp. 1982, Section 5-117); specifying powers and duties of a board of education of a school district; adding certain power; and declaring an emergency.

HB 1230 — By Vaughn.An act relating to public health and safety;

amending 63 O.S. 1981, Sections 2502, 2503 and 2505; defining terms; adding the definition of comprehensive health maintenance services; authorizing the organization and operation of health maintenance organizations; providing for certain contracts; and providing an effective date.

HB 1236 — By Hill, Koppel and Holden of the House and Dawson of the Senate.

[ Motor vehicles — amending Sections 22 .13a and 22.2A of Title 47 — registration and licensing — apportionment — codification — effective date 1

HB 1239 — By McCorkell of the House and Cain of the Senate.

An act relating to children; amending 10 O.S. 1981, Section 12, 56 O.S. 1981, Sections 302, 310, 311, and 312, as renumbered by Section 48, Chapter 312, O.S.L. 1982 (10 O.S. Supp. 1982, Sections 1408, 1414 and 1415), and 43A O.S. 1981, Section 411; providing for the maintenance of certain persons; providing for certain limitations and exceptions; defining terms; providing for the admission of certain persons to certain institutions; providing for certain applications and procedures; providing for release; providing for the guardianship of certain persons under certain circumstances; providing exceptions; making certain authorizations; providing for liability for care and treatment at certain institutions; exempting certain persons from liability; providing for certain initial and periodic evaluations; requiring certain standards for certain programs; providing for certain reports; requiring a certain ombudsman program and providing for certain procedures related thereto; providing for

certain assessments; providing for the release of certain persons; providing for certain assistance; requiring that certain reports and records are made available to certain persons; providing for recodification; providing an operative date; and declaring an emergency.

HB 1316 — By Lancaster.An act relating to civil procedure; amend

ing 12 O.S. 1981, Section 727, as amended by Section 1, Chapter 78, O.S.L. 1982 (12 O.S. Supp. 1982, Section 727); providing for interest on judgments of certain courts; changing interest rates on certain judgments; and declaring an emergency.


COMMITTEE REPORTS


DO PASS:

HB 1234 — Judiciary, coauthored by Clifton (principal Senate author).

HB 1356 — Judiciary, coauthored by Stipe (principal Senate author) and Ford of the Senate.


HB 1120 — Judiciary.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday, March 23, 1983, at 1:30 p.m., which motion prevailed.


Forty-sixth Legislative DayWednesday, March 23,1983


Roll Call;

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller. Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.

Excused: Ford.— 1.


The prayer was offered by Reverend Giles, the guest of Senator Branch.


SBs 3, 200, 205, 237, 280, 304, 315, 323 and SJRs 16 and 23 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.


INTRODUCTIONS

Senator Rhodes introduced his wife, Gail and daughters, Gwen and Rachel, and asked unanimous consent, that Gwen and Rachel be allowed privileges of the floor and named Honorary Presidents Pro Tempore for this legislative day, which was the order.

Senator Boatner introduced his daughter, Rhonda and son, Alton, and asked unanimous consent, which was granted, that they be allowed privileges of the floor and named Honorary Assistant Majority Floor Leaders for this legislative day.

Senator Porter introduced his daughters, Susan and Sonya, and asked unanimous consent that Susan be allowed privileges of the floor and named Honorary Journal Clerk for this legislative day, which was the order.


Senator Capps asked unanimous consent that SB 241 be withdrawn from the Calendar and rereferred to the Agriculture Committee, which was the order.

428 Senate Journal

Senator Giles asked unanimous consent, which was granted, that SB 156 be withdrawn from the Calendar and rereferred to the Finance Committee.

GENERAL ORDER

SB 231 by Boatner and Dahl of the Senate and Brewster of the House was called up for consideration.

Senator Boatner moved to amend SB 231 by crippling the Title, which amendment was declared adopted.

Senator Boatner moved to amend SB 231, Page 3, Lines 2 through 5 by deleting all language on Lines 2 through 5 and inserting in lieu thereof the following:

“ 2. ‘Board’ means the State Board of Agriculture;

3. ‘Department’ means the State Board of Agriculture or the State Department of Agriculture;” , which amendment was declared adopted.

Senator Boatner moved to amend SB 231, Page 3, Line 9; Page 4, Lines 6 and 14; Page 5, Line 17; Page 6, Lines 7 and 18; Page 7, Lines 2 and 9; Page 8, Line 6; Page 9, Lines 4 ,5 and 8; Page 10, Lines 3, 14 and 15; Page 11, Line 8; Page 13, Line 15; Page 14, Lines 1 and 18, by striking the word “ Commissioners” and inserting in lieu thereof the word “ Board” , and on Page 3, Line 16; Page 4, Lines 4 and 8; Page 6, Lines 15 and 18; Page 7, Lines 4, 11 and 17; Page 8, Lines1,3, 10 and 11; Page 9, Lines 13 and 16; Page 10, Line 13; Page 11, Line 12; Page 12, Line 13; Page 13, Lines 5 and 15; Page 14, Line 12 by striking the word “ Commission” and inserting in lieu thereof the word “ Department” ; and amending the Title to conform, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 46.

Excused: Cate and Ford.—2.

The bill passed.


MOTION TO RECONSIDER VOTES

Senator Smith moved that the vote be reconsidered whereby SB 81 and the emergency passed, which motion was tabled upon motion of Senator Dennis.


Senator Smith moved that the vote be reconsidered whereby SB 194 and the emergency passed, which motion was tabled upon motion of Senator Dennis.


DECLARATION OF VOTE

Senator Porter asked that the record reflect had he been present at the time of Third Reading on SB 307 he would have voted “ Nay” , which was the order.

Forty-sixth Legislative Day, Wednesday, March 23, 1983 429


Senator Stipe moved that the vote be reconsidered whereby SB 225 failed of passage, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 44.

Nay: Rozell.— 1.

Excused: Cate, Ford and Kilpatrick.—3.

The Chair advised that Senator Kilpatrick, having been present in the Chamber during the vote on SB 225 would be shown voting “ Nay” incompliance with Rule 14-lB. The vote thereby resulted as follows: Aye: 44. Nay: 2. Excused: 2.


Senator Stipe asked unanimous consent, which was granted, that SB 225 be withdrawn from the Calendar and rereferred to the Business and Labor Committee.


Senator Smith moved that the vote be reconsidered whereby SB 308 failed of passage, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDan

iel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.



Senator Smith asked unanimous consent that SB 308 be withdrawn from the Calendar and rereferred to the Judiciary Committee, which was the order.

GENERAL ORDER

SB 175 by Luton of the Senate and Davis (Guy) of the House was called up for consideration.

Senator Luton moved that SB 175 be advanced, which motion was declared adopted.THIRD READING



Aye: Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—40.

Nay: Boatner, Green, Johnson, Miller, Schuelein and Winn.—6.


The bill passed.


430 Senate Journal

GENERAL ORDER

SB 228 by Howell of Senate and Craighead of the House was called up for consideration.


THIRD READING



Aye; Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.




SB 229 by Howell of the Senate and Fried of the House was called up for consideration.

Senator Howell moved to amend SB 229, Page I, Line 1 through Page 8, Line 7, by striking all of Section 1 and substituting a new Section 1 as follows:

“ Section 1. AMENDATORY 70 O.S.1981, Section 5-117, as amended by Section 1 ,Chapter 143, O.S.L. 1982(70O.S. Supp.1982, Section 5-117), is amended to read as follows:

The board of education of each school district shall have power to elect its own officers; to make rules and regulations, not inconsistent with the law or rules and regulations of the State Board of Education, governing the board and the school system of the district; to maintain and operate a complete public school system of such character as the board of education shall deem best suited to the needs of the school districts; to designate the schools to be attended by the children of the district; to provide and operate, when deemed advisable, cafeterias or other eating accommodations, thrift banks or other facilities for the teaching and practice of thrift and economy, bookstores, print shops, vocational and other shops; to provide informational material concerning school bond elections and millage elections including, but not limited to all pertinent financial information relative to the bond issue, statement of revenue sources necessary to retire proposed bonds, statement of current bonded indebtedness of school district and a statement of proposed use of funds to be generated by proposed bond issue; to purchase, construct or rent, and operate and maintain, classrooms, libraries, auditoriums, gymnasiums, stadiums, recreation places and playgrounds, teacherages, school bus garages, laboratories, administration buildings, and other schoolhouses and school buildings, and to acquire sites and equipment therefor; to have school district property insured; to acquire property by condemnation proceedings in the same manner as land is condemned for railroad purposes, provided, however, school district funds may be used to erect buildings on leased land where other buildings have been erected thereon prior to April 3, 1969, or on land which is leased from a governmental entity; to dispose of PERSONAL OR REAL property no longer needed by the district by sale, exchange, lease, LEASE-PURCHASE, SALE-AND-PAR- TIAL-LEASE-BACK or otherwise[; to sell or convey or lease], PROVIDED THAT real property [and buildings no longer needed by the district at a] CANNOT BE


CONVEYED BY MEANS OTHER THAN public sale OR PUBLIC BID EXCEPT to a nonprofit [charitable or public educational] ORGANIZATION, ASSOCIATION OR corporation to be used for public purposes, [provided any such] IN WHICH CASE THE conveyance, UNLESS FOR EXCHANGE, shall contain a reversionary clause which returns [any] THE real property to the board of education upon the cessation of the use without profit [by such nonprofit charitable or public educational corporation or its] OR FOR PUBLIC PURPOSES BY THE PURCHASER OR THE PURCHASER’S assigns; to purchase necessary property, equipment, furniture and supplies necessary to maintain and operate an adequate school system; to incur all expenses, within the limitations provided by law, necessary to carry out and fulfill all powers herein granted; to contract with and fix the duties and compensation of physicians, dentists, optometrists, nurses, attorneys, superintendents, principals, teachers, bus drivers, janitors, and other necessary employees of the district and pay their necessary travel expenses, and pay necessary travel expenses of members of the board of education; to provide for employees’ leaves of absence without pay; and to exercise sole control over all of the schools and property of the district, subject to other provisions of the Oklahoma School Code. The board of education of any school district is also hereby authorized to rent, on a monthly basis, equipment and furniture, if such items are necessary for the operation of the school, and to pay the rental charges thereon for usage during any fiscal period, or portion thereof, out of appropriations made and approved for current expense purposes during such fiscal year. But any such rental contract extending beyond June 30 of such fiscal year shall be wholly void and of no effect except and unless it contains the provisions for mutual ratification of renewal under the conditions hereinafter provided. It is the intent of this paragraph to authorize such boards of education to enter into lease con

tracts but not to incur any obligation against the school district in excess of the income and revenue provided for such purposes for the fiscal year in which such lease contract is effectively operative. Provided, that any lease agreement entered into by such boards of education shall state the purchase price of equipment or furniture so leased and in no event shall the lease be extended so as to cause payment of more than the original purchase price of said equipment or furniture, plus interest not to exceed the legal rate, and when said purchase price plus interest has been paid the property shall belong to the lessee and the lessor shall deliver a deed or bill of sale to said property to the lessee. When any equipment or furniture has been leased or rented during any fiscal year under any contract which permits continuance of such rental for the remainder of such fiscal year, the renting or leasing thereof must be continued for the remainder of said fiscal year unless the boards of education renting or leasing the same, by proper resolution entered in the minutes of said boards of education, shall certify that the continuance of such rental is unnecessary and contrary to the public interest. Provided, that the boards of education of two or more school districts may enter into cooperative agreements and maintain joint programs, including, but not limited to, courses of instruction for handicapped children, courses of instruction in music and other subjects, practical instruction for trades and vocations, practical instruction in driver training courses, and health programs, including visual care by persons legally licensed for such purpose, without favoritism as to either profession. Provided, further, that any school district may operate or maintain a school or schools on any military reservation which is within the boundaries of such school district or which is adjacent to such school district, and provide the instruction in such school or schools to children of personnel on the military reservation, and in doing so shall conform to all federal laws and requirements. Provided, further, the board of education of

432 Senate Journal

each school district shall adopt and maintain on file in the office of the superintendent of schools, and available to the public, an appropriate personnel policy and sick leave guide.” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Nay: Lamb.— 1.

Excused: Ford and Keller.—2.



GENERAL ORDER


Senator Capps moved to amend SR 16, Page 2, Line 6, by deleting after the word “ Agriculture” the words “ is hereby” and inserting in lieu thereof the words “ and all of the State Agencies are” and amending the Title to conform, which amendment was declared adopted.

Senator Johnson moved to amend SR 16, Page 2, Line 7, by substituting the word “ encouraged” for the word “ directed” and by adding after the word “ industry” on Line 8 the words “ if economically feasible” , which amendment was declared adopted.


GENERAL ORDER

SB 257 by York and Clifton of the Senate and Lewis of the House was called up for consideration.

Senator Clifton moved to amend SB 257 by crippling the Title, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—43.

Nay: Smith and Wright.—2.

Excused: Ford, Keller and Randle.—3.

The bill passed.



GENERAL ORDER

SB 258 by York and Clifton of the Senate and Lewis of the House was called up for consideration.

Senator Clifton moved to amWd SB 258 by crippling the Title, which êndm ent was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—43.


Excused: Ford, Keller and Randle.—3.

The bill passed.



GENERAL ORDER

SB 215 by M iller o f the Senate and Peterson o f the H ouse w as called up for consideration.


THIRD READING



Aye: Boatner, Branch, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Hopkins, Kilpatrick, Lamb, Luton, McDaniel, McIntyre, Miller, Randle, Roberts, Rozell, Smith, Stipe, Taylor, Terrill, Watson, Winn, York and Young.—27.

Nay: Cain, Dawson, Giles, Green, Howell, Johnson, Landis, Leonard, McCune, Moore, O’Connor, Pierce, Porter, Rhodes, Schuelein, Shedrick, Taliaferro and Wright.— 18.

Excused: Cate, Ford and Keller.—3.

The bill passed.

Senators Landis, Schuelein, Green, Cain, Dawson and Wright desired to vote Aye on the emergency.

On the question of passage of the emergency, the vote resulted as follows: Aye: 33; Nay: 12; Excused: 3.



SB 176 by Kilpatrick of the Senate and Brown of the House was called up for consideration.

Senator Kilpatrick asked unanimous consent to amend SB 176 by crippling the Title, which amendment was declared adopted.

[434 Senate Journal


THIRD READING



Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—42.

Nay; McIntyre and Porter.— 2.

Excused; Ford, Keller, Roberts and Terrill.—4.

The Chair advised that Senator Roberts, having been present in the Chamber during the vote on SB 176 would be shown voting “ Nay” in compliance with Rule 14-lB. The vote thereby resulted as follows; Aye; 42; Nay; 3; Excused; 3.




Senator Cullison asked unanimous consent that SB 120 be withdrawn from the Calendar and rereferred to the Transportation Committee, which was the order.

Senator Cullison asked unanimous consent, which was granted, that SB 298 be withdrawn from the Calendar and rereferred to the Finance Committee.


Advising passage of and returning the following Engrossed Bill as amended;

SB 9, coauthored by Fried, Joiner, Kincheloe, Leftwich, Twidwell and Williams (Freddye) of the House.

GENERAL ORDER

SB 202 by Cate of the Senate and Hobson of the House was called up for consideration.

Senator Cate moved to amend SB 202 by crippling the Title, which amendment was declared adopted.


THIRD READING



Aye; Boatner, Branch, Cate, Dawson, Dennis, Howell, Luton, McIntyre, Porter, Roberts, Shedrick, Stipe and Young.— 13.

Nay; Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Rozell, Schuelein, Smith, Taylor, Terrill, Watson, Winn and Wright.—31.

Excused; Ford, Keller, Taliaferro and Y o r k .^ .

The bill failed.

Forty-sixth Legislative Day, Wednesday, March 23, 1983


Pursuant to Rule 12-24 Senator Cate moved that the vote be reconsidered whereby SB 202 failed.

THIRD READING

Senator Terrill asked unanimous consent that the vote be reconsidered whereby SB 188 was advanced, which was the order.

GENERAL ORDER


Senator Howell moved to amend SB 188 by striking the entire body of the bill and substituting new Sections 1 through 4 as follows;

“ Section 1. AMENDATORY 70 O.S. 1981, Section 509.1, is amended to read as follows;

Section 509.1 It is the purpose of this act to strengthen methods of administering employer-employee relations through the establishment of an orderly process of communications between school employees and the school district. THE DISTRICT COURTS ARE VESTED WITH JURISDICTION SPECIFICALLY TO ENFORCE, AND TO PREVENT AND RESTRAIN VIOLATIONS OF THIS ACT AND SHALL HAVE JURISDICTION IN ALL OTHER CASES ARISING UNDER THIS ACT TO GRANT APPROPRIATE RELIEF TO THE EMPLOYER OR RECOGNIZED EMPLOYEE ORGANIZATION FOR VIOLATIONS OF THIS ACT USING PROCEDURES SET FORTH IN SECTIONS 1381 ET SEQ. OF TITLE 12 OF THE OKLAHOMA STATUTES.

SECTION 2. AM ENDATORY 70 O.S.1981, Section 5 0 9 .9 , is am ended to read asfollow s;

Section 509.9. No employee shall be discriminated against by the board of education, superintendent or any other administrative officer of a district or by the professional or nonprofessional organization, its officers or any member thereof because of his exercise or nonexercise of rights under this act. IT SHALL BE PROHIBITED FOR AN EMPLOYEE ORGANIZATION, EMPLOYEE OR EMPLOYER TO INTERFERE WITH, RESTRAIN, OR COERCE EMPLOYEES IN THE EXERCISE OF THE RIGHTS GUARANTEED IN SECTIONS 509.1 ET SEQ. OF THIS TITLE.

SECTION 3. The provisions of this act are severable and if any part or provision shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.

SECTION 4. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.” , which amendment was declared adopted.

Senator Boatner moved to amend the Howell amendment to SB 188 by striking the words “ specifically to enforce, and” on Line 5 and on Line 19 by inserting the words “ an employer or” after the word “ coerce” and before the word “ employees” , which amendment was declared adopted.


THIRD READING



436 Senate Journal

Aye: Boatner, Cain, Cate, Clifton, Combs, Dawson, Dennis, Hopkins, Howell, Kilpatrick, Luton, McDaniel, McIntyre, Miller, Porter, Randle, Rhodes, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Wright and York.— 26.

Nay: Branch, Capps, Choate, Cullison, Dahl, Giles, Green, Johnson, Lamb, Landis, Leonard, McCune, Moore, Pierce, Roberts, Smith, Watson, Winn and Young.— 19.

Excused: nor.—3.

Ford, Keller and O’Con-

The bill passed.

Senators Capps, Dahl, O’Connor, Cullison, Landis, Branch and Winn desired to vote Aye on the emergency.




GENERAL ORDER

SB 259 by Randle of the Senate and Kelly of the House was called up for consideration.


Senator Watson presiding.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Rozell, Schuelein, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—40.

Nay: Leonard, Roberts and Smith.—3.

Excused: Ford, Giles, Keller, Shedrick and Young.—5.

The bill passed.


The Presiding Officer recognized Senator Shedrick who advised the Chair of an apparent malfunction in her voting machine. Senator Shedrick asked that the record reflect a vote of “ Aye” on SB 259, Rule 14-IE. The Chair directed the Clerk to reflect the corrected roll call on SB 259 as Aye: 41; Nay: 3; Excused: 4.

GENERAL ORDER

SB 312 by Randle of the Senate and Williams (Penny), et al, of the House was called up for consideration.

Senator McIntyre asked to coauthor SB 312, which was the order.


THIRD READING



rForty-sixth Legislative Day, Wednesday, March 23, 1983 437

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Giles, Green, Hopkins, Howell, Kilpatrick, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Randle, Rhodes, Roberts, Rozell, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—34.

Nay: Johnson, Lamb, Landis, Leonard, O’Connor, Schuelein and Smith.—7.

Excused: Dawson, Dennis, Ford, Keller, Porter, York and Young.—7.




Senator Schuelein asked unanimous consent, which was granted, that Rule 7-lOH be suspended concerning House legislation; allowing Senate committees to report bills and joint resolutions with crippled titles or without the enacting or resolving clauses.


Senator Howell moved that the vote be reconsidered whereby SB 171 failed of passage.

Senator Rozell moved to table the Howell motion, which motion was declared failed of adoption upon roll call as follows:

Aye: Boatner, Branch, Capps, Cate, Choate, Combs, Cullison, Dahl, Dennis, Hopkins, Luton, McDaniel, Miller, O’Connor, Randle, Roberts, Rozell, Stipe and Watson.— 19.

Nay: Cain, Clifton, Giles, Green, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, McCune, McIntyre, Moore, Pierce, Rhodes, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Winn, Wright and York.—24.

Excused: Dawson, Ford, Keller, Porter and Young.—5.

Sentor Howell pressed his motion to reconsider the vote whereby SB I7I failed of passage, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Cain, Choate, Clifton, Giles, Green, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, McCune, McIntyre, Pierce, Rhodes, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Winn, Wright and York.—25.

Nay: Branch, Capps, Cate, Combs, Cullison, Dahl, Dennis, Hopkins, Luton, McDaniel, Miller, Moore, O’Connor, Randle, Roberts, Rozell, Stipe and Watson.— 18.

Excused: Dawson, Ford. Keller, Porter and Young.—5.THIRD READING



Aye: Cain, Choate, Clifton, Combs, Giles, Green, Howell, Johnson, Kilpatrick, Landis, Leonard, McCune, McIntyre, Moore, Pierce, Rhodes, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Winn. Wright and York.—24.

Nay: Boatner, Branch, Capps, Cate, Cullison, Dahl, Dennis, Hopkins, Lamb, Luton, McDaniel, Miller, O’Connor, Randle, Roberts, Rozell, Stipe and Watson.— 18.

Excused: Dawson, Ford, Keller, Porter, Smith and Young.—6.

The bill failed.GENERAL ORDER

SB 254 by Cate of the Senate and Hobson of the House was called up for consideration.

438 Senate Journal


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Randle, Rhodes, Roberts, Ro- zell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Winn, Wright and York.— 39.

Nay: Lamb, McIntyre, Pierce and Watson.—4.

Excused: Dawson, Ford, Keller, Porter, and Young.—5.



BILL WITHDRAWN — REREFERRED

Senator Clifton asked unanimous consent to withdraw SB 289 from the Calendar and rerefer same to the Committee on Judiciary, which was the order.

GENERAL ORDER

SJR 15 by Miller of the Senate and Johnson (Glen) of the House was called up for consideration.

Senator Branch asked to coauthor SJR 15, which was the order.

Senator Miller moved that SJR 15 be advanced, which motion was declared adopted.

THIRD READING


SJR 15 — By Miller and Branch of the Senate and Johnson (Glen) of the House.

A joint resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to the Constitution of the State of Oklahoma by adding a new Section to Article XVll to be designated as Section 2A; creating the office of county assessor; requiring such office to be elective; providing ballot title; and directing filing.


SECTION 1. The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Article XVII of the Constitution of the State of Oklahoma by the addition of a new Section 2A, to read as follows:

Section 2A. There is hereby created, in and for each organized county of this state, the office of county assessor, which shall be an elective office.


BALLOT TITLE

Legislative Referendum No.State Question No.

n




amending Article XVII of the Constitution of the State of Oklahoma by the addition of a new Section 2A which will create the office of county assessor for each county and will provide that this office shall be an elective office





SECTION 3. The President Pro Tempore of the Senate shall, immediately after the passage of this resolution, prepare and file one copy thereof, including the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General.


Aye: Boatner, Branch, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Green, Hopkins, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson and York.—37.

Nay: Cain, Howell, Johnson, Shedrick and Wright.—5.

Excused: Dawson, Ford, Keller, Porter, Winn and Young.—6.



GENERAL ORDER

SJR 9 by Cate of the Senate and Hobson of the House was called up for consideration.

Senator Cate moved that SJR 9 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Hopkins, Howell, Luton, McDaniel, McIntyre, Moore, Randle, Roberts, Rozell, Shedrick, Stipe, Taylor, Terrill, Winn and York.—26.

Nay: Giles, Green, Johnson, Kilpatrick, Lamb, Landis, Leonard, McCune, Miller, O’Connor, Pierce, Rhodes, Schuelein, Smith, Taliaferro, Watson and Wright.— 17.

Excused: Dawson, Ford, Keller, Porter and Young.—5.



GENERAL ORDER

HB 1308 by Johnson (Don) of the House and Taliaferro of the Senate was called up for consideration.

Senator Taliaferro moved to amend HB 1308, Page 3, Lines 10 and 11 by striking Section 2 and inserting in lieu thereof new Sections 2, 3 and 4 and amending the title to conform as follows:

440 Senate Journal

“ SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 439.1 of Title 18, unless there is created a duplication in numbering, reads as follows:

Any corporation organized under the laws of this state for the purpose, among others. of conducting a grain elevator business, may be converted into a cooperative and become subject to this act with the same effect as if originally organized under this act by complying with the following requirements:

1. The proposition for the conversion of such corporation into a cooperative and proposed articles of conversion to give effect thereto shall be first approved by the board of trustees or the board of directors of the corporation. The proposed articles of conversion shall state:

a. the name of the corporation prior to its conversion into a cooperative.

b. the address of the principal officer of the corporation.

c. the date of the filing of the articles of incorporation of the corporation in the office of the Secretary of State,

d. the name assumed by the cooperative.

e. a statement that the corporation elects to become a cooperative, nonprofit, membership corporation subject to this act.

f. the manner and basis of converting either memberships in or shares of stock of the corporation into memberships of the cooperative, and

g. any provisions not inconsistent with this act deemed necessary or advisable for the conduct of the business and affairs of the corporation;

2. The proposition for the conversion of the corporation into a cooperative and the proposed articles of conversion approved by the board of trustees or the board of directors of such corporation shall then be submitted to a vote of the members or stockholders of the corporation at any duly held annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed conversion. The proposition for the eonversion of the corporation into a cooperative and the proposed articles of conversion, with any amendments thereto as the members or stockholders of the corporation shall choose to make, shall be deemed to be approved upon the affirmative vote of a majority of those members of the corporation voting thereon at such meeting, or, if the corporation is a stock corporation, upon the affirmative vote of the holders of a majority of the capital stock of the corporation represented at such meeting;

3. Upon approval by the members or stockholders of the corporation, articles of conversion in the form approved by such members or stockholders shall be executed and acknowledged on behalf of the corporation by its president or vice president and its corporate seal shall be affixed thereto and attested by its secretary. The president or vice president executing such articles of conversion on behalf of the corporation shall also make and annex thereto an affidavit stating that the provisions of this section with respect to the approval of its trustees or directors and its members or stockholders, of the proposition for the conversion of the corporation into a cooperative and such articles of conversion were duly complied with. Such articles of conversion and affidavit shall be submitted to the Secretary of State for filing as provided in this act. The term ‘articles of incorporation’, as used in Chapter 10 of Title 18, of the Oklahoma Statutes, shall be deemed to include the articles of conversion of a converted corporation; and

4. The value of shares in the corporation shall be converted to the value of shares in

1


the cooperative, on a dollar-for-dollar basis. Any dividends payable on shares of stock in the cooperative shall be paid on preferred stock before dividends are paid on common stock.

SECTIONS. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 439.2 of Title 18, unless there is created a duplication in numbering, reads as follows:

Articles of conversion, when executed and acknowledged and accompanied by such affidavits as may be required by applicable provisions of this act, shall be presented to the Secretary of State for filing in the reeords of his office. If the Secretary of State shall find that the articles conform to the requirements of this act, he shall, upon the payment of the fees specified by him file the articles so presented in the records of his office and shall issue over the Great Seal of the State an appropriate certificate of conversion, and thereupon the conversion provided for therein shall be in effect.


Senator Taliaferro moved that HB 1308 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps,Cate, Choate, C lifton, C om bs, C ullison,Dahl, D aw son , D ennis, G iles , Green, H op

kins, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Ford, Howell, Keller and Shed- rick.—4.





SB 238, coauthored by Whorton of the House.

SECOND READING


SR 17 — Natural Resources HB 1049 — Appropriations HB 1050 — Appropriations HB 1063 — Appropriations HB 1073 — Appropriations HB 1133 — Human Resources HB 1186 — Judiciary HB 1195 — Business and Labor HB 1215 — Education HB 1230 — Human Resources HB 1236 — Finance HB 1239 — Human Resources HB 1316 — Finance


Advising passage of and transmitting for consideration Engrossed HBs 1051, 1054, 1062,1070, 1102,1122, II5 I , 1162, 1185, I2 I I , 1216, 1229,1248,1257, 1263, 1273, 1296, 1317, 1325, 1327,1334,1335, 1345,

442 Senate Journal

1347,1348,1353,1363,1370,1376,1378, 1385, 1393, 1395, 1403, 1404, 1406 and HJR 1011.


[ Office of the State Treasurer— amending Section 89.5 of Title 62 — State Treasurer’s Revolving Fund — assessments — expenditures — procedures — operative date — emergency ]


I Oklahoma Center for Criminal Justice — appropriation — operative date — emergency ]


I Oklahoma Securities Commission — appropriation — amending seven sections in Title 71 — codification — operative date — emergency ]


[ Oklahoma Commission on Children and Youth — appropriations — operative date — emergency ]

HB 1102 — By Kincheloe and Cole of the House and Leonard of the Senate.

[ Wills and Succession — amending Sections 44 and 213 in Title 84 — descent and distribution — effective date ]

HB 1122 — By Williams (Freddye), Baker, Sanders, Riggs, Ross, Denman, Cox and Whorton of the House and Porter of the Senate.

An act relating to state government; amending Section 4, Chapter 147, O.S.L. 1982, as amended by Section 21, Chapter 340, O.S.L. 1982 (74 O.S. Supp. 1982,

Section 805.2); providing a longevity pay plan; stating requirements; providing procedure; modifying method of determining years of service; and declaring an emergency.

HB 1151 — By Abbott and Cole of the House and Howell of the Senate.

[ Schools — Teachers’ Retirement System — codification — operative date — emergency ]

HB 1162 — By Caldwell.[ Schools — amending Section 17-105 in

Title 70 — Teachers’ Retirement System — operative date — emergency ]

HB 1185 — By Glover of the House and Johnson of the Senate.

An act relating to schools; amending 70 O.S. 1981, Sections 23-104 and 23-105; recreating the Oklahoma Educational Television Authority; defining terms; adding term; providing for the membership, appointment, officers, and terms of the Oklahoma Educational Television Authority; providing for a per diem and certain reimbursement for the members of said Authority; specifying number of meetings to be held by said Authority; authorizing and providing for the appointment, qualifications, salary, powers and duties of an Executive Director of the Oklahoma Educational Television Network; providing for codification; providing an operative date; and declaring an emergency.

HB 1211 — By Abbott and Cole of the House and Winn of the Senate.

[ Schools — amending Section 17-116.2 of Title 70 — Teachers’ Retirement System — operative date — emergency ]

HB 1216 — By Henry, Cole, McCorkell, Davis (Frank), Ross and Gray.

[ Open Meeting Act — codification — emergency.

HB 1229 — By Glover, Hooper, Cotner and Combs of the House and Taliaferro of the Senate.


An act relating to public finance; amending 62 O.S. 1981, Section 516.3; providing for certain collateral securities; providing for certain payments and restrictions and limitations thereto; adding certain notes and bonds to such payments, limitations, and restrictions; and providing an effective date.

HB 1248 — By Smith (Bill) and Baughman.

An act relating to motor vehicles; amending 47 O.S. 1981, Section 22.19; requiring certain certificates of title for junked or dismantled vehicles; authorizing license fee credit under certain circumstances; requiring certain time limitations; providing for penalties; providing fees; providing procedures; and declaring an emergency.

HB 1257 — By Hooper.An act relating to civil procedure; amend

ing 12 O.S. 1981, Sections 1172.1, as amended by Section 1, Chapter 302, O.S.L. 1982, 1173, as amended by Section 1, Chapter 159, O.S.L. 1982, and 1174, as amended by Section 2, Chapter 302, O.S.L. 1982 (12 O.S. Supp. 1982, Sections 1172.1,1173 and 1174); providing procedure for issuance of prejudgment garnishee summons; eliminating procedures for issuance of post judgment garnishee summons; modifying suggested form for garnishee summons; requiring notice of issuance of prejudgment garnishee summons; eliminating notice requirement of issuance of post judgment garnishee summons; and providing an effective date.

HB 1263 — By Williams (Freddye) of the House and Porter of the Senate.

An act relating to state capital and capital building; amending Section 1, Chapter 169, O.S.L, 1982 (73 O.S. Supp. 1982, Section 83.13); providing for notice and hearings for certain violations; modifying time period for notification; providing procedures; and declaring an emergency.

HB 1273 — By Duckett o f the H ouse andKeller o f the Senate.

[Children — amending Section 60.5 in Title 10 — adoption — emergency ]


[ Oklahoma Horse Racing Commission — appropriation — codification — operative date — emergency ]

HB 1317 — By Lancaster, Gray and Whorton of the House and Rozell of the Senate.

An act relating to counties and county road improvements; amending 19 O.S, 1981, Sections 1232, 1233, 1234, 1236, 1238, 1239, 1240, 1242, 1246, 1247, 1249, 1251, 1257 and 1258; clarifying and modifying certain procedures relating to county road work or improvements; providing procedures for plans, specifications, and resolutions for certain work or improvements; providing for consulting engineers and notice; specifying procedures for petition, resolution, bidding procedures, bonds, awarding of contracts, statement of costs, appraisement and apportionment and objections; authorizing certain agreements with state to pay costs; providing procedures for payment and collection of costs and interest; granting right to lien and providing related procedures; providing for road improvement bonds and related procedures; repealing 19 O.S. 1981, Section 1245; providing an operative date; and declaring an emergency.


[ Revenue and taxation — amending Sections 163.3 and 163.10 of Title 37 and Sections 302,416, 1354 and 1355 of Title 68 — levying of certain taxes — operative date — emergency ]

HB 1327 — By Talley of the House and Watson of the Senate.

[ Public finance — block grants — codification — effective date ]

444 Senate Journal

HB 1334 — By Anderson.An act relating to prisons and reformato

ries; requiring inmate to complete certain forms designating persons to receive the personal property of an inmate in the event of the death of the inmate; requiring the Department of Corrections to deliver money and personal property to designated persons; providing for codification; and declaring an emergency.

HB 1335 — By Anderson.An act relating to prisons and reformato

ries; amending 57 O.S. 1981, Section 537; providing for a Board of Directors for canteen services to be appointed by the Director of the Department of Corrections; providing operating procedures for canteen services; requiring audits; requiring copies of audits to be provided to certain persons; and providing an effective date.

HB 1345 — By Osborne.An act relating to public health and safety;

prohibiting the prohibition of certain sanitary facilities on vessels operated on waters of this state; prohibiting disposal of certain wastes into any "reservoir or drainage basin; providing for penalties; providing for codification; providing an operative date; and declaring an emergency.

HB 1347 — By Haney and Davis (Frank) of the House and Shedrick of the Senate.

[ Motor vehicles — amending Section 6-208 of Title 47 — driving privileges — effective date ]

HB 1348 — By Haney and Formby of the House and Dawson of the Senate.

[ Schools — the vocational training program and school at the Stringtown Correctional Center — codification — operative date — emergency ]

HB 1353 — By Denman of the House and Cate of the Senate.

[ Professions and occupations — amending Sections 742,745,745.1 and 746 in Title 59 — State Dry Cleaners’ Board — emergency ]

HB 1363 — By Converse of the House and Boatner of the Senate.

An act relating to insurance; amending 36 O.S. 1981, Section 4803; providing standard policy provisions for fire insurance policies; permitting certain variations and additions; authorizing the State Board for Property and Casualty Rates to approve certain forms of policies and provisions; repealing 36 O.S. 1981, Section 6021; and providing an effective date.


An act relating to the Oklahoma Horse Racing Commission; making appropriation thereto; stating purpose; providing lapse date; and declaring an emergency.

HB 1376 — By Hobson and Sill of the House and Watson of the Senate.

[ Waters and water rights — amending Section 1085.36 of Title 82 — funds — emergency ]

HB 1378 — By Leftwich and Sill.An act relating to contracts; declaring cer

tain employment contract provisions to be void; defining terms; providing for codification; and declaring an emergency.

HB 1385 — By Koppel of the House and Johnson of the Senate.

An act relating to common carriers; amending Section 4, Chapter 343, O.S.L. 1982 (13 O.S. Supp. 1982, Section 176.4); specifying certain activities which are not prohibited pursuant to the security of communications act; adding an action; and providing an effective date.

HB 1393 — By Davis (Frank).[ Fees — amending Section 153 of Title

28 — costs in criminal cases — effective date ]

HB 1395 — By Lewis, Riggs, Twidwell, Rieger, Davis (Porter), Koppel and Baker.


An act relating to criminal procedure; providing short title; enacting the nonviolent Intermediate Offender Act; defining terms; creating a nonviolent intermediate offender program; allowing certain sentences by the court; requiring certain rehabilitation plans; providing for the substance of said plans; providing procedures for objections to, approval, and updating of said plans; providing for the placement of certain offenders and procedures related thereto; providing for certain duties of the Department of Corrections; requiring certain due process hearings and appeals procedures; requiring compliance to certain rules of the Department and other institutions; providing for the failure of the offender to abide by said rules; providing for certain transfer of placement; providing for certain probation officers; providing for certain recommendations; providing for certain notice and hearing related to said recommendations; providing for certain reports and recommendations related thereto; providing hearing related to said report; providing for certain time credits; providing for certain determinate sentencing; providing for codification; and providing an effective date.

HB 1403 — By Brown of the House and Watson of the Senate.

An act relating to contracts; amending 15 O.S. 1981, Sections 756.1,757, as amended by Section 1, Chapter 74, O.S.L. 1982, and761.1 (15 O.S. Supp. 1982, Section 757); allowing the Attorney General and the District Attorney to bring certain actions; allowing certain consent judgments and providing procedures relating thereto; providing certain remedies; allowing an aggrieved consumer to bring certain actions on his own behalf; allowing certain investigations; providing for investigative demands; providing for a petition to extend, modify, or set aside such demands; providing penalties; and providing an effective date.

H B 1404 — By Harbin.An act relating to courts; am ending 20

O .S . 1981, Sections 22 and 9 2 .2 7 ; providing

for judicial administrative districts; modifying certain districts; renumbering a judicial district; providing an operative date; and declaring an emergency.

HB 1406 — By Murphy of the House and Terrill of the Senate.

An act relating to motor vehicles; amending 47 O.S. 1981, Section 7-602, as amended by Section 6, Chapter 355, O.S.L. 1982 (47 O.S. Supp. 1982, Section 7-602); requiring the certification of the existence of security; providing for penalties; providing exemptions; authorizing the collection of certain fees as compensation; and providing an effective date.

HJR 1011 — By Reimer, Holt, Gray, Davis (Guy), Anderson, Riggs, Fried, Caldwell, Williams (Penny), Lewis, Johnson (Glen), Baker and Hamilton of the House and O’Connor of the Senate.

A joint resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to the Oklahoma Constitution by adding a new section to Article X to be designated as Section 9D; providing for special annual recurring ad valorem tax levies of not more than three mills on the dollar of assessed valuation of taxable property of counties or parts thereof for the establishment and maintenance of senior citizens’ programs including but not limited to senior citizens’ centers; requiring voter approval; providing for termination of the tax levy; authorizing counties to join with other political subdivisions to maintain senior citizens’ programs; providing for administration of senior citizens’ programs as provided for by law; allowing other levies or public funds to be used for senior citizens’ programs; providing ballot title; and directing filing.


r446 Senate Journal

COMMITTEE REPORTS



HB 1136 — Judiciary.CS for HJR 1015 — Appropriations, co

authored by York (principal Senate author).



Forty-seventh Legislative DayThursday, March 24,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Dawson, Ford, Keller and Tay- \or.-A.


The prayer was offered by Reverend Giles, the guest of Senator Branch.



Victor F. Diffee, Bethany, as a member to the Used Motor Vehicle and Parts Commission.

Charles Sarratt, Edmond, as a member to the Board of Regents of the University of Oklahoma.


SBs 81, 175, 176, 188, 194, 215, 228, 229, 231, 254, 257, 258,259,312 and SJRs9 and 15 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.



RESOLUTION WITHDRAWN — REFERRED

Senator Stipe asked unanimous consent to withdraw SR 17 from the Natural Resources Committee and refer same direct to the Calendar for immediate consideration, which was the order.

448 Senate Journal

GENERAL ORDER


Senators Taliaferro and Schuelein asked to coauthor SR 17, which was the order.



HAs to SB 238 were concurred in upon motion of Senator Shedrick.



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore," O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Terrill, Watson, Winn, York and Young.—40.

Nay: Pierce, Smith and Wright.—3.

Excused: Cate, Dawson, Ford, Keller and Taylor.—5.



CHANGE IN COMMITTEE ASSIGNMENT

Senator Schuelein asked unanimous consent, which was granted, that HB 1133 be withdrawn from the Human Resources Committee and referred to the Judiciary Committee.

GENERAL ORDER

HB 1247 by Denman of the House and Combs of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Terrill, Watson, Winn, Wright, York and Young.—43.

Excused: Dawson, Ford, Keller, Miller and Taylor,—5.




Senator Howell moved that the vote be reconsidered whereby SJR 10 failed of passage, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Dennis, Giles, Howell, Kilpatrick, Leonard, Luton, McCune, McDaniel, O’Connor, Pierce, Randle, Rhodes, Rozell, Schuelein, Shedrick, Taliaferro, Terrill, Watson, Wright and York.—26.

Forty-seventh Legislative Day, Thursday, March 24, 1983 449

Nay: Branch, Combs, Cullison, Dahl, Green, Hopkins, Johnson, Lamb, Landis, McIntyre, Miller, Moore, Porter, Roberts, Smith, Stipe, Winn and Young.— 18.

Excused: Dawson, Ford, Keller and Taylor.-

THIRD READING


SJR 10 — By Howell and Terrill of the Senate and Henry of the House.

A joint resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 10 of Article VI of the Constitution of the State of Oklahoma, which relates to pardons, paroles and commutations; directing the Legislature to create a Professional State Pardon and Parole Board; continuing the presently constituted Board until such creation; specifying powers of the Board and the Governor; providing for Legislative authority; eliminating certain communication; providing a ballot title; and directing filing.


SECTION 1. The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Section 10 of Article VI of the Constitution of the State of Oklahoma, to read as follows:

Section 10. [There] THE LEGISLATURE is hereby [created] DIRECTED TO CREATE a PROFESSIONAL STATE Pardon and Parole Board to be composed of NOT LESS THAN THREE (3) NOR MORE THAN five (5) members[; three to be appointed by the Governor; one by the Chief Justice of the Supreme Court; one

by the Presiding Judge of the Criminal Court of Appeals or its successor. An attorney member of the Board shall be prohibited from representing in the courts of this state persons charged with felony offenses. The appointed members shall hold their offices coterminous with that of the Governor and shall be removable for cause only in the manner provided by law for elective officers not liable to impeachment. It shall be the duty of the Board to make an impartial investigation and study of applicants for commutations, pardons or paroles, and by a majority vote make its recommendations to the Governor of all deemed worthy of clemency] WHO SHALL DEVOTE THEIR FULL TIME TO SERVING THEREON. THE BOARD SHALL BE APPOINTED BY THE GOVERNOR, BY AND WITH THE CONSENT OF THE SENATE IN THE MANNER PROVIDED BY THE LEGISLATURE. THE NOW-EXISTING PARDON AND PAROLE BOARD SHALL CONTINUE TO FUNCTION UNTIL THE LEGISLATURE SHALL CREATE THE SUCCESSOR STATE PARDON AND PAROLE BOARD. MEMBERS OF THE STATE PARDON AND PAROLE BOARD SHALL HAVE SUCH QUALIFICATIONS, TERMS OF OFFICE. COMPENSATION, POWERS AND DUTIES AND SHALL BE SUBJECT TO SUCH OTHER PROVISIONS AS THE LEGISLATURE DEEMS NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION. THE STATE PARDON AND PAROLE BOARD SHALL HAVE THE EXCLUSIVE AUTHORITY TO GRANT AND REVOKE PAROLES.

The Governor shall have the power to grant, after conviction and after favorable recommendation by a majority vote of [the] said Board, commutations[,] AND pardons [and paroles] for all offenses, except cases of impeachment, upon such conditions and with such restrictions and limitations as he may deem proper, subject to such regulations as may be prescribed by law. The Leg-

450 Senate Journal

islature shall have the authority to prescribe for those persons convicted of three felonies arising out of separate and distinct transactions a minimum mandatory period of confinement which must be served prior to being eligible to be considered for parole. The Governor shall have power to grant after conviction, reprieves, or leaves of absence not to exceed sixty (60) days, without the action of said Board.

[He shall communicate to the Legislature, at each regular session, each case of reprieve, commutation, parole or pardon, granted, stating the name of the convict, the crime of which he was convicted, the date and place of conviction, and the date of commutation, pardon, parole and reprieve.]

SECTION 2. The Ballot Title for the proposed Constitutional amendment as set forth in SECTION 1 of this Resolution shall be in the following form:

BALLOT TITLE


THE GIST OF THE PROPOSITION IS ASFOLLOWS:


amending Section 10 of Article VI of the Oklahoma Constitution by directing the Legislature to create a full-time professional State Pardon and Parole Board of not less than three (3) nor more than five (5) members to be appointed by the Governor, with the advice and consent of the Senate, in the manner provided by the Legislature, the members having such qualifications, terms of office, compensation, powers and duties and subject to such other provisions as the Legislature deems necessary to effectuate the purposes of Section 10 of Article

VI of the Oklahoma Constitution; continuing the present Pardon and Parole Board until the Legislature creates the successor Board; vesting exclusive authority in the State Pardon and Parole Board to grant and revoke paroles; authorizing the Governor, after favorable recommendation of the Board, to grant pardons and commutations; and eliminating the requirement that the Governor communicate to the Legislature on all cases of reprieve, commutations, pardon and parole





SECTION 3. The President Pro Tempore of the Senate shall, immediately after the passage of this resolution, prepare and file one copy thereof, including the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General.


Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Dennis, Giles, Howell, Kilpatrick, Leonard, Luton, McCune, McDaniel, O’Connor, Pierce, Randle, Rhodes, Rozell, Schuelein, Taliaferro, Terrill, Watson, Wright and York.—25.

Nay: Branch, Combs, Cullison, Dahl, Green, Hopkins, Johnson, Lamb, Landis, McIntyre, Miller, Moore, Porter, Roberts, Shedrick, Smith, Stipe, Winn and Young.— 19.

lor.Excused: Dawson, Ford, Keller and Tay-









GENERAL ORDER

HJR 1015 by Draper of the House and York of the Senate was called up for consideration.

Senators York, Randle and Shedrick moved to amend HJR 1015, Page 3, Line 6, by inserting after Section 3 a new Section 4 to provide SEVERABILITY and by renumbering the subsequent section and amending title to conform, which amendment was declared adopted.

Senator York moved that HJR 1015 be advanced, which motion was declared adopted.

THIRD READING


On the question o f passage o f the resolution and em ergency, the roll call resulted asfollow s;

Aye: Boatner, Branch, Cain, Capps. Cate. Choate, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Hopkins, Howell. Johnson, Kilpatrick, Lamb, Landis. Leonard, Luton, McDaniel, McIntyre, Miller, O’Connor, Porter, Randle, Rhodes. Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Terrill, Winn, Wright, York and Young.— 38.

Nay: Green, McCune, Moore. Pierce, Smith and Watson.—6.

Excused: Dawson, Ford. Keller and Tayl o r . ^ .


HJR 1015 was referred for engrossment.

Senator Schuelein moved that the Senate stand recessed until the hour of 1:30 p.m.. which motion prevailed.

The Senate reassembled in its Chamber with Senator Cullison presiding. Senator Green questioned a quorum. The Presiding Officer ordered the roll called, following which a quorum was declared present.


HJR 1015 was correctly engrossed and. together with Engrossed SAs, properly signed and ordered returned to the Honorable House.



By unanimous consent of the House of Representatives, Joint Rule 17 (a) 5 has been suspended insofar as it relates to House Bills 1179 and 1219 and requests that the Senate concur.

452 Senate Journal





Senator Schuelein asked unanimous consent to suspend Joint Rule 17(a) and to grant the request of the House insofar as it relates to HBs 1179 and 1219, which was the order.


Senator Schuelein asked unanimous consent, which was granted, to withdraw the following SBs and SJRs from the Calendar and rerefer same to the committees indicated;

SB 164 — Appropriations SB 251 — Judiciary SB 310 — Business and Labor SJR 11 — Natural Resources SJR 24 — Finance


Senator Schuelein moved that the Senate stand at ease, which motion was declared adopted.

Senator Roberts presiding.


Senator Watson questioned a quorum. The Presiding Officer ordered the roll called, following which a quorum was declared present.


HAs to SB 9 were concurred in upon motion of Senator York.


Senator York asked to coauthor SB 9, which was the order.


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Green, Hopkins, Howell, Johnson, Lamb, Landis, Leonard, Luton, McCune, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Terrill, Watson, Winn, Wright, York and Young.—40.

Excused: Dawson, Ford, Keller, Kilpatrick, McDaniel, McIntyre, Moore and Taylor.—8.

The bill passed.

House amendments were properly signed and tbe above-numbered bill was referred for enrollment.MOTION TO RECONSIDER VOTE

Senator Cate moved that the vote be reconsidered whereby SB 202 failed of passage, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Green, Hopkins, Howell, Johnson, Lamb, Landis, Leonard, Luton, McCune, Miller, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Terrill, Winn, Wright, York and Young.—36.

Nay; O’Connor, Rhodes and Watson.—3.

Excused: Dawson, Ford, Keller, Kilpatrick, McDaniel, McIntyre, Moore, Smith and Taylor.—9.



Senator Cate moved that SB 202 be withdrawn from the Calendar and rereferred to the Law Enforcement Committee, which motion was declared adopted.









Advising fourth reading of and transmitting for signature Enrolled HB 1308 and HJR 1015.

The above numbered Enrolled HB and HJR were, after fourth reading, properly signed and ordered returned to the Honorable House.

SECOND READING


HB 1051 - HB 1054 - HB 1062 - HB 1070 - HB 1102 - HB 1122 - HB 1151 - HB 1162 - HB 1185 - HB 1211 - HB 1216 - HB 1229 - HB 1248 - HB 1257 - HB 1263 - HB 1273 - HB 1296 - HB 1317 - HB 1325 - HB 1327 - HB 1334 - HB 1335 - HB 1345 - HB 1347 - HB 1348 - HB 1353 HB 1363 - HB 1370 - HB 1376 - HB 1378 - HB 1385 - HB 1393 - HB 1395 - HB 1403 - HB 1404 - HB 1406 - HJR 1011

- Appropriations- Appropriations- Appropriations- Appropriations- Judiciary- Appropriations- Finance- Finance- Appropriations- Finance- Judiciary- Finance- Finance- Judiciary- General Government- Judiciary- Appropriations- Transportation- Finance- Appropriations- Judiciary- Law Enforcement- Policy- Law Enforcement- Human Resources- Appropriations- Business and Labor- Appropriations- General Government- Business and Labor- Law Enforcement- Law Enforcement- Law Enforcement- Judiciary- Judiciary- Finance- Finance


Senator Shedrick asked unanimous consent to suspend Rule 5-5 to introduce SR 18, which was the order.

FIRST READING


454 Senate Journal

SR 18 — By Shedrick.A resolution praising the Oklahoma State

University Cowboys Basketball Team for winning the 1983 Big Eight Conference Tournament Championship; honoring their coach; and directing distribution,



HCR 1008 — By Barker and Draper of the House and York of the Senate.

A concurrent resolution providing a recess for the Oklahoma Legislature; granting required consent; authorizing work and reimbursement during the recess; and making a permanent record.

The above numbered HCR was read the first time,


Senator Schuelein asked unanimous consent, which was granted, to suspend Rule 5-4 and refer HCR 1008 direct to the Calendar for immediate consideration.

GENERAL ORDER

HCR 1008 by Barker and Draper of the House and York of the Senate was called up for consideration.

HCR 1008 was read at length as follows;

HCR 1008 — By Barker and Draper of the House and York of the Senate.

A concurrent resolution providing a recess for the Oklahoma Legislature; granting required consent; authorizing work and reimbursement during the recess; and making a permanent record.

WHEREAS, it has become apparent that the best interests of the State of Oklahoma would be served if the Oklahoma Legislature took an extended recess; and

WHEREAS, Article V, Section 30 of the Oklahoma Constitution requires the consent

of each house to the adjournment of the other for more than three days.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 39TH OKLAHOMA LEGISLATURE, THE SENATE CONCURRING THEREIN:

SECTION 1. The House of Representatives and the Senate of the State of Oklahoma hereby recess for a period of seventeen (17) days, beginning the 24th day of March, 1983, and ending the 10th day of April, 1983. The House of Representatives and the Senate will reconvene on the 11th day of April, 1983. The House of Representatives hereby consents to the recess of the Senate for the above-specified amount of time, and the Senate hereby consents to the recess of the House of Representatives for the above- specified amount of time. The hour at which the houses shall reconvene shall be set by the Speaker of the House of Representatives and the President Pro Tempore of the Senate for their respective houses.

SECTION 2. The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall have the power to authorize certain members of the Legislature to continue work on Conference Committees and other authorized legislative duties. The members shall be paid mileage and per diem pursuant to the provisions of 74 O.S. 1981, Section 291 .la. The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall have the power and are authorized to employ temporary employees as deemed necessary for the performance of required duties.

SECTION 3. A copy of this resolution shall be spread upon the pages of the permanent journals of the House of Representatives and the Senate, Thirty-ninth Oklahoma Legislature, as a permanent record of the consent of each house to the other house.

HCR 1008 was adopted upon motion of Senator York, properly signed and ordered returned to the Honorable House.


COMMITTEE REPORTS


DO PASS:

HB 1097 — Business and Labor.HB 1150 — Law Enforcement.HB 1169 — Finance.HB 1339 — Business and Labor, coau

thored by Hopkins (principal Senate author).HB 1346 — Agriculture.HB 1352 — Human Resources, coau

thored by Terrill (principal Senate author).


SCR 9 — Finance, coauthored by Baughman (principal House author).

HB 1028 — Business and Labor.HB 1106 — Agriculture.HB 1125 — Finance.HB 1140 — Finance, coauthored by

Howell (principal Senate author).HB 1153 — Business and Labor, coau

thored by Luton and Roberts of the Senate.HB 1163 — Business and Labor, coau

thored by Stipe (principal Senate author) and Dawson of the Senate.

HB 1165 — Law Enforcement, coauthored by Landis of the Senate.

HB 1209 — Business and Labor.HB 1210 — Business and Labor.HB 1281 — Agriculture.HB 1350 — Finance.


Advising passage of and transmitting for eonsideration Engrossed HBs 1017, 1066, 1067,1068,1069,1071, 1072,1074,1103, 1172,1180, 1184,1251,1262,1264, 1266, 1268, 1286, 1307,1312,1328, 1360,1364, 1368, 1380, 1399, 1413, 1416, 1424, 1425 and HJR 1012.

H B 1017 — By R iggs and Clark o f theHouse and W right o f the Senate.

An Act relating to criminal procedure; authorizing a prearraignment release for certain persons arrested for misdemeanor violations; specifying powers and duties of certain law enforcement officers; authorizing county bar associations to establish and maintain a program for attorney involvement in such releases; specifying powers and duties of participating county bar associations; authorizing certain attorneys prearraignment release privileges; providing for revocation of prearraignment release privileges; authorizing certain sheriffs and others to release certain persons under certain conditions; providing for codification; providing an operative date; and declaring an emergency.


[ Corporation Commission — appropriations — operative date — emergency ]


I State Department of Health — appropriations — legislative intent — operative date— emergency ]


[ Oklahoma Human Rights Commission— appropriation — operative date — emergency ]


[ J.D. McCarty Center for Handicapped Children — appropriation — operative date— emergency ]


[ Office of Handicapped Concerns — appropriation — operative date — emergency ]

456 Senate Journal


[ Oklahoma Department of Veterans Affairs — appropriation — operative date — emergency ]


[ Department of Corrections — appropriation — amending Section 513.1 of Title 57— operative date — emergency ]

HB 1103 — By Morgan.[ Crimes and punishments — amending

Section 1289.8 of Title 21 and Section 150.2 of Title 74 — registration of security officers— codification — effective date ]

HB 1172 — By Hamilton.An act relating to prisons and reformato

ries; amending 57 O.S. 1981, Section 332.7; providing for parole eligibility; requiring Pardon and Parole Board to perform certain duties; requiring minimum periods of confinement before being eligible for parole; and providing an effective date.

HB 1180— By Deatherage and Barker of the House and Randle and Kilpatrick of the Senate.

[ State Board of Vocational and Technical Education — appropriations — operative date — emergency ]

HB 1184 — By Glover, Fried, Barker, Baughman, Brown, Caldwell, Combs, Converse, Cox, Davis (Frank), Davis (Guy), Deatherage, Draper, Duke, Fitzgibbon, Garrison, Gray, Grieser, Hale, Hall, Hamilton, Harris, Harvey, Henry, Hill, Hobson, Hooper, Joiner, Lancaster, Lawter, Leftwich, Manar, Mentzer, Monks, Murphy, Reimer, Sanders, Sherrer, Smith (Bill), Thompson, Twidwell, Vanatta, Vaughn, Virtue, Whor- ton, Widener and Williams (Freddye) of the House and Taliaferro of the Senate.

An act relating to definitions and general provisions; amending 25 O.S. 1981, Section 94.2; declaring “ Oklahoma Waltz” to be the official state waltz; requiring the State Library to be the official depository of the official state waltz and official state song; providing for codification; and providing an effective date.

HB 1251 — By Morgan, Manar, Widener and Hill of the House and Dawson of the Senate.

An act relating to oil and gas; amending 52 O.S. 1981, Section 318.1; requiring furnishing of certain agreements and evidence of financial ability to comply with plugging requirements; stating requirements of bond; providing for forfeiture and other payments; providing for remedial work; providing for certain monies and costs; setting condition for transfer of certain property or wells; and providing an effective date.


[ State officers and employees — amending Section 3601 of Title 74 — defining employee — operative date — emergency ]

HB 1264Duckett.

[ Schools — state aid effective date ]

By Kelly, Monks and

codification —

HB 1266 — By Draper, Hill and Talley.An act relating to insurance; amending 36

O.S. 1981, Sections 312, 348 and 1115; dissolving the Insurance Commissioners Fund and the State Board for Property and Casualty Rates Fund; transferring monies in said funds to the General Revenue Fund; allocating portions of taxes collected on insurance premiums to the General Revenue Fund; providing that surplus lines tax shall be paid to the State Treasury and deposited to the General Revenue Fund; and declaring an emergency.


HB 1268 — By Draper, Hill and Talley.An act relating to revenue and taxation;

amending 68 O.S. 1981, Section 2352; providing for distribution of income tax funds; and specifying percentage distribution of funds collected.

HB 1286 — By Williams (Penny), Baker, Henry, Reimer and Virtue of the House and Randle, Shedrick and Taylor of the Senate.

[ Schools — School of Science and Mathematics — codification — effective date ]

HB 1307 — By Johnson (Don) of the House and Shedrick of the Senate.

An act relating to schools; amending 70 O.S. 1981, Section 3311; providing for a Council on Law Enforcement Education and Training; providing for membership, officers, salary, reimbursement, powers and duties of said council; providing for certain requirements for peace officers; providing for certification; providing for certain contracts; providing for certain requirements to maintain certain certification; and providing an effective date.

HB 1312 — By Harris.An act relating to fees; amending 28 O.S.

1981, Section 56; increasing the fee for certain marriage ceremonies; providing for the deposit of said fees in the court fund; prohibiting certain acts; and providing an effective date.

HB 1328 — By Deatherage, Barker and Talley.

[ Federal Block Grant Funds — appropriations — operative date — emergency ]

HB 1360 — By Graves of the House and Smith of the Senate.

An act relating to criminal procedure; amending 22 O . S. 1981, Section 1161; providing for the defense of insanity; providing for custody of persons acquitted by reason of insanity; requiring court approval prior to release; modifying certain procedures relating to persons acquitted by reason of insan

ity; requiring certain examinations, reports, and hearings; authorizing certain treatments; and providing an effective date.

HB 1364 — By Johnson (Don) and Cot- ner.

An act relating to crimes and punishment; amending 21 O.S. 1981, Section 964; defining the term slot machine; authorizing the possession of certain slot machines; providing an operative date; and declaring an emergency.

HB 1368 — By Deatherage of the House and Randle of the Senate.

[ Public finance — amending five sections in Title 62 and Sections 85.23, 450, and 3109 of Title 74 — General Revenue Cash-Flow Reserve Fund — repealing Section 3, Chapter 204, O.S.L. 1981 — codification — emergency ]

HB 1380 — By Draper.[ Revenue and taxation — taxes on finan

cial institutions — codification — repealing Sections 2370, 2371 and 2372 of Title 68 — emergency ]

HB 1399 — By Williams (Penny) of the House and Howell of the Senate.

An act relating to schools; amending 70 O.S. 1981, Sections 1-113 and 18-111; specifying residence of children for certain purposes; modifying determination of residence; providing for average daily attendance for state aid purposes; providing for legal residence of pupils; providing an operative date; and declaring an emergency.

HB 1413 — By Hooper of the House and Shedrick of the Senate.

[ Public finance — amending Sections 176, 178.4 and 178.6 of Title 60 — Public Obligations Registration Act — codification — operative date — emergency ]

HB 1416 — By Harbin of the House and McDaniel of the Senate.

458 Senate Journal

[ State government — amending 74 O.S. Supp. 1982, Sections 840.5, 840.22, 841.3 and 841.9 — Office of Personnel Management — codification — operative date — emergency ]

HB 1424 — By Lewis, Fitzgibbon and Peterson of the House and Rozell and Miller the Senate.

[ Revenue and taxation — gasoline tax — codification — operative date — emergency ]

HB 1425 — By Harbin of the House and McDaniel of the Senate.

[ Fiscal procedure — amending sections in Titles 56, 62 and 74 — statutory payments — repealing Section 3, Chapter 204, O.S.L. 1981 — emergency ]

HJR 1012 — By Converse, Baker, Little and Davis (Frank).

A joint resolution authorizing the Governor to accept a monument in honor of and dedicated to the men and women of Oklahoma who served in the Armed Forces of the United States during a certain period; providing for location and design of this monument; and directing distribution.



SJR 10 was correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.


SR 17 was correctly enrolled, properly signed and ordered transmitted to the Secretary of State.MESSAGE FROM THE HOUSE

Advising fourth reading of and returning Enrolled SBs 9 and 169.

The above numbered Enrolled SBs were referred to the Governor.





Advising approval by him, March 24, 1983, of Enrolled SBs 74 and 285.

Pursuant to the provisions of Enrolled HCR 1008, Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand recessed until Monday, April 11, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate stood recessed at 3:30 p.m. to convene Monday, April 11, 1983, at 1:30 p.m.

Forty-eighth Legislative DayMonday, April 11,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts. Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Excused: Johnson and Luton.—2.


The prayer was offered by Mr. John R. Stewart, Del City Church of Christ, Del City, the guest of Senator Kilpatrick.


The Com m ittee on E xecutive N om inations has approved the fo llow ing nom inations:

Walter Allison, Bartlesville, as a member to the Economic Development Commission, to fill an unexpired six year term ending July 1, 1984, and effective upon Senate confirmation. Mr. Allison will succeed Paul Carris (resigned).

Dr. Bob Gengler, Enid, as a member to the Veterinary Medical Examiners Board, to serve a term of four years ending May 9, 1986, and effective upon Senate confirmation. Dr. Gengler will succeed Dr. Bennett.

June Kendall, Cheyenne, as a member to the State Textbook Committee, to serve a term of three years ending May 1, 1985, and effective upon Senate confirmation. June Kendall will succeed Don Pittman.

Roxie Ann McBride, Oklahoma City, as a member to the State Textbook Committee, to serve an unexpired two year term ending May 1, 1984, and effective upon Senate confirmation. Mrs. McBride will succeed Ronald Walker.

Steve Suttle, Altus, as a member to the Oklahoma State Bureau of Investigation Commission, to fill an unexpired seven year term ending July 1, 1985, and effective upon Senate confirmation. Mr. Suttle will succeed Paul Braun.

460 Senate Journal

HB 1120 by Brown, et a!, of the House and Watson and Hopkins of the Senate was called up for consideration.

Senator Landis asked to coauthor HB 1120, which was the order.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Cate, Johnson and Luton.— 3.

The bill passed.


GENERAL ORDER

HB 1136 by Riggs, et al, of the House and McCune of the Senate was called up for consideration.

Senator Wright asked to coauthor HB 1136, which was the order.


Senator M cCune m oved that H B 1136 beadvanced, w hich m otion was declaredadopted.



Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell. Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—42.

Nay: Branch, Dennis, Moore andStipe.—4.

Excused: Johnson and Luton.—2.



GENERAL ORDER

HB 1305 by Davis (Guy) of the House and Rozell of the Senate was called up for consideration.

Senator Taliaferro moved to amend HB 1305, Page 2, Line 14'/2, by inserting a new Section 2 as follows: “ Section 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 137 of Title 61, unless there is created a duplication in numbering, reads as follows:

The provisions of Sections 196.1 through 196.12 of Title 40 of the Oklahoma Statutes shall not apply to any contract awarded or for which bids are solicited in compliance with the Public Competitive Bidding Act of 1974, Sections 101 through 137 of this Title.’’ and renumbering the subsequent section and correcting the Title, which amendment was declared adopted upon roll call as follows:

T H IR D R E A D IN G

Forty-eighth Legislative Day, Monday, April 11, 1983 461

Aye: Boatner, Branch, Capps, Cullison, Ford, Giles, Green, Keller, Lamb, Landis, Leonard, McCune, McDaniel, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Shedrick, Smith, Taliaferro, Terrill, Watson, Winn and Wright.—26.

Nay: Cain, Cate, Combs, Dahl, Dawson, Dennis, Hopkins, Howell, Kilpatrick, McIntyre, Porter, Randle, Schuelein, Stipe, Taylor, York and Young.— 17.

Excused: Choate, Clifton, Johnson, Luton and Miller.—5.

Senator Rozell moved that HB 1305 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Capps, Clifton, Dawson, Ford, Giles, Green, Howell, Keller, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Watson, Winn, Wright and York.— 30.

Nay: Cain, Cate, Combs, Cullison, Dahl, Dennis, Hopkins, Kilpatrick, McIntyre, Porter, Randle, Stipe, Taylor, Terrill and Young.— 15.

Excused: Choate, Johnson and Luton.—3.

The bill passed.

Senators Young and Terrill desired to vote Aye on the emergency.




Pursuant to Rule 12-24 Senator Stipe moved that the vote be reconsidered whereby HB 1305 and the emergency passed.

GENERAL ORDER

HB 1020 by Sanders and Leftwich of the House and Roberts of the Senate was called up for consideration.

Senator Roberts moved that HB 1020 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York,—43.

Nay: Dahl and Young.—2.




GENERAL ORDER

HB 1007 by Shurden, et al, of the House and Terrill and O’Connor of the Senate was called up for consideration.

462 Senate Journal

Senator Roberts moved to amend HB 1007, Page 3, Lines 7 and 8, by striking the word and figure “ ten (10)” and substituting the word and figure “ five (5)” , which amendment was declared adopted.


THIRD READING

Senator Terrill asked unanimous consent to suspend Rule 12-8 to consider an amendment to HB 1007 on Third Reading, which was the order.

Senator Terrill moved to amend HB 1007, Page 3, Line 12, by striking Section 2 and renumbering subsequent section and amending the title, which amendment was declared adopted.


On t'ne question of passage of the bill and emergency, the roll call resulted as follows;

Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schue- lein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.



HB 1007 was referred for engrossment. GENERAL ORDER

HB 1096 by Monks, et al, of the House and Rozell, et al, of the Senate was called up for consideration.

Senators Landis, Boatner and Shedrick asked to coauthor HB 1096, which was the order.

Senator Lamb moved to amend HB 1096, Page 4, Line 2'/2, by inserting a new Section 2 as follows: “ Section 2. The Court Administrator shall prepare forms for parties using the procedure under this Act, which forms shall be reviewed and approved by the Supreme Court and thereafter distributed to all county clerks by the Court Administrator.” and renumber following section, which amendment was declared adopted.

Senator Shedrick moved to amend HB 1096, Page 3, Lines 17 and 18, by restoring all old language and striking all new language on Line 17 and by adding a period after the word “ tenancy” and by further striking the ‘ ‘and’ ’ on Line 18 and beginning with a new sentence with the next word “ the” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Nay: Clifton.— 1.



The bill passed.


INTRODUCTION

Senator Cullison introduced his daughter, Robin, to the Senate.


Senator Shedrick asked unanimous consent, which was granted, to suspend Rule 5-4 and when SR 18 is read the second time it be referred direct to the Calendar.

GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps. Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young .-

Excused: Choate, Johnson, Luton and Porter.—4.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles. Green, Hopkins. Howell, Keller. Kilpatrick. Lamb. Landis. Leonard, McCune. McDaniel. McIntyre, Miller. Moore, O’Connor. Pierce. Randle. Rhodes, Roberts. Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor. Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Choate, Johnson, Luton and Porter.—4.



GENERAL ORDER


464 Senate Journal

Senator McDaniel moved to amend SB 20, Page 1, by crippling the Title, which amendment was declared adopted.

Senator McDaniel asked unanimous consent that SB 20 be laid over temporarily, which was the order.

GENERAL ORDER




THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schue- lein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.







THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schue- lein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, 'Winn, Wright, York and Young.—45.




GENERAL ORDER


Senator M cD aniel m oved that SB 23 beadvanced, which m otion w as declaredadopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Kilpatrick, Lamb, Leonard, McCune, McDaniel, McIntyre, Miller, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 39.

Nay: Combs, Keller, Landis, Moore and O’Connor.—5.

Excused: Choate, Johnson, Luton and Randle.—4.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, McDaniel, McIntyre, Miller, Moore, Porter,

Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Winn, York and Young.— 38.

Nay: Green, McCune, O’Connor, Pierce, Watson and Wright.—6.

Excused: Choate, Johnson, Luton and Randle.—4.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Leonard, McCune, McDaniel, McIntyre, Miller, O’Connor, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—39.

Nay: Combs, Landis, Moore, Pierce, Rhodes and Wright.—6.




466 Senate Journal


SB 20, as amended on page 464, was considered further.

Senator Leonard moved to amend SB 20, Page 2, Line 7, by adding after the word “ of” and before the word “ expenses” the words “ official and necessary” and on Line 9, by adding after the word “ mansion” the words “ for the upkeep and maintenance of the mansion and to carry out the duties of the Governor’s office” , which amendment was declared adopted.


THIRD READING

Senator Leonard asked unanimous consent that the vote be reconsidered whereby SB 20 was advanced, to which request objection was heard.

Senator Leonard moved that the vote be reconsidered whereby SB 20 was advanced, which motion was declared adopted.

GENERAL ORDER


Senator Leonard moved to amend SB 20, Page 2, Line 12, deleting after the word “ mansion” all language in Section 2 and adding the following language: “ and not used as provided by this act shall be returned to the State General Fund.” , which amendment was tabled upon motion of Senator McDaniel upon roll call as follows;

Aye; Boatner, Branch, Capps, Cate, Clifton, Cullison, Dahl, Howell, Kilpatrick, Landis, McDaniel, Miller, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill and York.— 22.

Nay: Cain, Dawson, Ford, Giles, Green, Hopkins, Keller, Lamb, Leonard, McCune, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Smith, Watson, Wright and Young.—20.

Excused: Choate, Combs, Dennis, Johnson, Luton and Winn.—6.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Hopkins, Howell, Kilpatrick, Landis, McDaniel, Miller, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Winn and York.—29.

Nay: Ford, Green, Keller, Lamb, Leonard, McCune, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Smith, Watson, Wright and Young.— 16.


The bill passed.

On the question of passage of the emergency, the roll call resulted as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Hopkins, Howell, Kilpatrick, Landis, McDaniel, Miller, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, York and Young,—29.


Nay: Ford, Green, Keller, Lamb, Leonard, McCune, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Smith, Watson and Wright.— 15.

Excused: Choate, Johnson, Luton and Winn.— 4.



Pursuant to Rule 12-24 Senator McDaniel moved that the vote be reconsidered whereby the Emergency to SB 20 failed.

CHANGE IN COMMITTEE ASSIGNMENTS

Senator York asked unanimous consent that HBs 1186,1315 and 1319 be withdrawn from the Judiciary Committee and referred to the Business and Labor Committee, which was the order.

ANNOUNCEMENT

The Presiding Officer announced that funeral services for George Johnson, son of Senator and Mrs. Joe Johnson will be held at 1:00 p.m., Tuesday, April 12, 1983, at the First Baptist Church at Heavener.

SECOND READING


SR 18 — Direct to Calendar HB 1017 — Business and Labor HB 1066 — Appropriations HB 1067 — Appropriations HB 1068 — Appropriations HB 1069 — Appropriations HB 1071 — Appropriations HB 1072 — Appropriations HB 1074 — Appropriations HB 1103 — Law Enforcement HB 1172 — Law Enforcement

HB 1180 - HB 1184 - HB 1251 - HB 1262 - HB 1264 - HB 1266 - HB 1268 - HB 1286 - HB 1307 - HB 1312 - HB 1328 - HB 1360 - HB 1364 - HB 1368 - HB 1380 - HB 1399 - HB 1413 - HB 1416 - HB 1424 - HB 1425 - HJR 1012

Appropriations General Government Natural Resources Appropriations Appropriations Appropriations Appropriations Education Appropriations Finance Appropriations Judiciary Law Enforcement Appropriations Finance Education Finance Appropriations Finance Appropriations

— General GovernmentMESSAGE FROM THE HOUSE


HB 1160 — By Lewis, Sill, Stottlemyre, Graves and Fair.

An act relating to public health and safety; amending 63 O . S . 1981, Section 2-103, and 74 O.S. 1981, Section 150.2; providing for and modifying duties and responsibilities of the Oklahoma State Bureau of Investigation; changing method for the appointment of the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; providing qualifications of the Director; authorizing the Director to make certain appointments; providing for agents; creating the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control Commission; providing for appointments, terms of office, meetings, rules of procedure, reimbursement, and powers, duties and responsibilities of said Commission; providing for codification; repealing 63 O.S. 1981, Sections 2-102a and 2-104; providing an operative date; and declaring an emergency.

468 Senate Journal

HB 1419 — By Draper.[ Revenue and taxation — amending Sec

tion 4-509 of Title 40 and seven sections in Title 68 — revenues and refunds — codification — emergency ]



The following lobbyist registrations (including organizations represented) have been filed with the Joint Legislative Ethics Committee;

Millstein, Steven A., American Bell, Inc.Reynolds, William A., Oklahoma Retail

Tobacco Dealers Association (addendum).

Notice of resignation as a lobbyist has been received from the following;

Ferrell, Jack, as of March 7, 1983.


Advising approval by him, March 25, 1983, of Enrolled SBs 9, 169 and 238.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Tuesday, April 12,1983, at 1;30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 3;35 p.m. to meet Tuesday, April 12, 1983, at 1;30 p.m.

Forty-ninth Legislative DayTuesday, April 12,1983


Roll Call:

Present; Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Smith, Stipe, Taylor, Terrill, Watson and Wright.—40.

Excused: Capps, Johnson, Kilpatrick, Randle, Taliaferro, Winn, York and Young.— 8.


The prayer was offered by Mr. Stewart, the guest of Senator Kilpatrick.

GENERAL ORDER

HB 1339 by Leftwich of the House and Hopkins of the Senate was called up for consideration.

Senator Hopkins m oved that H B 1339 beadvanced, w hich m otion was declaredadopted.

THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Lamb, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Rhodes, Rozell, Schuelein, Shedrick, Smith, Taylor, Terrill, Watson and Wright.—32.

Nay: Landis, Leonard and Roberts.—3.

Excused: Capps, Clifton, Johnson, Keller, Kilpatrick, Luton, Porter, Randle, Stipe, Taliaferro, Winn, York and Young.— 13.





r470 Senate Journal

Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Lamb, Landis, Leonard, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taylor, Terrill, Watson and Wright.—37.

Excused: Capps, Dahl, Johnson, Kilpatrick, Luton, Randle, Stipe, Taliaferro, Winn, York and Young.— 11.



SB 165.


SBs 18, 19, 21, 22, 23, 25 and 26 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.

HBs 1007, 1020, 1096, 1120 and 1136were each correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House. GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Keller, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Rozell, Schuelein, Shedrick, Taylor, Terrill, Watson and Wright.—35.

Nay: Dennis, Roberts and Smith.— 3.

Excused: Capps, Johnson, Kilpatrick, Luton, Randle, Stipe, Taliaferro, Winn, York and Young.— 10.

The bill passed.

Senator Stipe desired to vote Aye on the emergency.




GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Lamb, Landis, Leonard, McCune,

Forty-ninth Legislative Day, Tuesday, April 12, 1983 471

McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson and Wright.—37.

Nay: Porter.— 1.

Excused: Capps, Choate, Johnson, Kilpatrick, Luton, Randle, Taliaferro, Winn, York and Young.— 10.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson and Wright.—39.

Excused: Capps, Johnson, Keller, Kilpatrick, Randle, Taliaferro, Winn, York and Young.—9.



INTRODUCTION

Senator Branch introduced his son. Max to the Senate.

GENERAL ORDER



Senator Luton moved to amend SB 30, Page 4, Line 5‘/2, by adding a new Section 5 as follows: “ Section 5. From funds appropriated by Section 2 of this act and from any unexpended funds previously appropriated for election expense, the State Election Board is authorized to reimburse counties for expenses incurred in the conduct of special elections to fill vacancies in the office of county commissioners in counties where such vacancies occurred or will occur during the period beginning November 15, 1982, and ending June 30, 1984. Counties incurring such expenses shall file a claim with the State Election Board for reimbursement of the actual and necessary expenses incurred in the conduct of special elections to fill vacancies in the offices of county commissioners. Provided, however, before a county receives any funds from the State Election Board pursuant to this Section, such county must have first applied any funds it received as restitution from county commissioners toward the cost of such special elections.” and renumber subsequent sections, which amendment was declared adopted.


THIRD READING

SB 30 was read for the third tim e at length.

472 Senate Journal


Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Watson andWright.—38.

Excused: Capps, Johnson, Keller, Kilpatrick, Randle, Taliaferro, Terrill, Winn, York and Young.— 10.

The bill passed.

Senator Terrill desired to vote Aye on the emergency.

On the question of passage of the emergency, the vote resulted as follows: Aye: 39; Excused: 9.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl,

Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taylor, Terrill, Watson and Wright.—38.

Nay: Smith.— 1.




GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson and Wright.—39.



SB 53 w as referred for engrossm ent.

I


GENERAL ORDER


Senator Terrill moved to amend SB 54, Page 15, Line 5, by adding after the word “ pay” and before the word “ an” the words “ up to” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson and Wright.—39.




GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taylor, Terrill, Watson and Wright.—37.

Excused: Capps, Choate, Johnson, Keller, Kilpatrick, Randle, Shedrick, Taliaferro, Winn, York and Young.— 11.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Stipe, Taylor, Terrill, Watson and Wright.—37.

474 Senate Journal

Excused; Capps, Johnson, Keller, Kilpatrick, Randle, Shedrick, Smith, Taliaferro, Winn, York and Young.— 11.

The bill passed.

Senator Smith desired to vote Aye on the emergency.


The emergeney passed.




THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taylor, Terrill, Watson and Wright.—38.

Excused: Capps, Johnson, Keller, Kilpatrick, Randle, Shedrick, Taliaferro, Winn, York and Young.— 10.



GENERAL ORDER

HB 1352 by Denman of the House and Terrill of the Senate was called up for consideration.


THIRD READING

HB 1352 was read for the third tim.e at length.


Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Hopkins, Howell, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taylor, Terrill, Watson and Wright.—36.

Excused; Capps, Dennis, Green, Johnson, Keller, Kilpatrick, Randle, Shedrick, Taliaferro, Winn, York and Young.— 12.



GENERAL ORDER

HB 1209 by Holden of the House and Terrill of the Senate was called up for consideration.

Senator Green asked to coauthor HB 1209, which was the order.

Senator Green m oved that H B 1209 beadvanced, w hich m otion w as declaredadopted.


THIRD READING



Aye: Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taylor, Terrill, Watson and Wright.—35.

Nay: Howell and Landis.—2.


The bill passed.


INTRODUCTION

Senator Roberts introduced former Senator Tom Tipps, Ardmore, to the Senate.

GENERAL ORDER

SB SO by Randle and Kilpatrick of the Senate and Deatherage and Barker of the House was called up for consideration.


THIRD READING



Aye: Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taylor, Terrill, Watson and Wright.—34.

Excused: Boatner, Branch, Capps,Choate, Johnson, Keller, Kilpatrick, Miller, Randle, Shedrick, Taliaferro, Winn, York and Young.— 14.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Cate, Clifton, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taylor, Terrill, Watson and Wright.—36.

Nay: Combs.— 1.


476 Senate Journal






SECOND READING


HB 1160 HB 1419

Law Enforcement Finance

FIRST READING


SCR 10 — By Dahl of the Senate and Monks of the House.

A concurrent resolution memorializing the United States Congress to research the effects of herbicide exposure on Vietnam veterans; directing that data be provided to state health departments, veterans, and veterans’ organizations; and directing distribution.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday, April 13, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 2:45 p.m. to meet Wednesday, April 13, 1983, at 1:30 p.m.

Fiftieth Legisiative DayWednesday, April 13,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Ro- zell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.— 45.

Excused: McDaniel, Shedrick andWright.— 3.


The prayer was offered by Mr. Stewart, the guest of Senator Kilpatrick.EXECUTIVE NOMINATIONS


N ancy Feldm an, T ulsa, as a mem ber tothe Oklahom a Educational T elevisionAuthority.

Bertha Parker, Tahlequah, as a member to the State Transportation Commission.

Juanita Tiger Scott, Seminole, as a member to the Indian Affairs Commission.

Clare B. Wright, Stroud, as a member to the State Board of Education.


SBs 27,28,29,30,50,51,52,53,54,55,56 and 57 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.



GENERAL ORDER


478 Senate Journal


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—41.

Nay: Landis.— 1.

Excused: Cate, McDaniel, McIntyre, Randle, Shedrick and Wright.—6.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Hopkins, Howell, Johnson, Kilpat

rick, Landis, Luton, Miller, Randle, Roberts, Rozell, Schuelein, Stipe, Taliaferro, Taylor, Watson, Winn, York and Young.—29.

Nay: Choate, Ford, Green, Keller, Lamb, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Smith and Terrill.— 13.

Excused: Cate, McDaniel, McIntyre, Porter, Shedrick and Wright.—6.

The bill passed.

Senators Terrill, Porter and Ford desired to vote Aye on the emergency.




GENERAL ORDER

HB 1125 by Baughman of the House and Capps of the Senate was called up for consideration.

Senator Terrill asked to coauthor HB 1125, which was the order.

Senator Capps moved to amend HB 1125, Page 1, by crippling the Title, which amendment was declared adopted.

Senator Combs moved to amend HB 1125, Page 2, Line 12, by striking “ July 1, 1978’’ and inserting “ August 1, 1978” and on Page 2, Line 18, strike “ July 1, 1978” and insert “ August 1, 1978” and on Page 3, Line 12, strike “ July 1, 1978” and insert “ August 1, 1978” , which amendment was declared adopted.

Senator Terrill moved to amend HB 1125, Page 12, Line 6 V2, by inserting a new Section 2 as follows: “ Section 2. Any member who elected during the 1978-79 school year

Fiftieth Legislative Day, Wednesday, April 13, 1983 479

to pay the difference between five percent (5%) on actual salary not exceeding Ten Thousand Dollars ($10,000.00) and six percent (6%) on actual salary not exceeding Fifteen Thousand Dollars ($15,000.00), may receive a refund of the payment from the retirement system upon receipt and approval of a proper request by the Board of Trustees.” and renumber, which amendment was declared adopted.

Senator Capps moved that HB 1125 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and York.—37.

Nay: Ford, Giles, Green, Landis, Smith and Young.—6.

Excused: Cate, McDaniel, McIntyre, Shedrick and Wright.—5.



HB 1115 by Henry of the House and Clifton of the Senate was called up for consideration.

Senator C lifton m oved that H B 1115 beadvanced, which m otion was declaredadopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—44.

Excused: Cate, McDaniel, Shedrick and Wright.—4.

The bill passed.

HB1115 was properly signed and ordered returned to the Honorable House.

GENERAL ORDER

HB 1234 by Lewis and Leftwich of the House and Clifton of the Senate was called up for consideration.

Senator Clifton moved that HB 1234 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb,

480 Senate Journal

Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—42.

Nay: Howell and Schuelein.—2.


The bill passed.


GENERAL ORDER




THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, York and Young.—43.

Excused: Cate, McDaniel, Shedrick, Winn and Wright.—5.



GENERAL ORDER

' SB 32 by Randle and Kilpatrick of the Senate and Deatherage and Barker of the House was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—44.




GENERAL ORDER


Senator Randle m oved that SB 34 be advanced, w hich m otion was declaredadopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.— 43.

Nay: Smith.— 1.




INTRODUCTIONS

Senator Cullison introduced his mother- in-law and father-in-law, Mr. and Mrs. Edwin Shelton, Skiatook, to the Senate.

Senator Leonard introduced his wife, Nancy and children, Ryan and Tyler to the Senate.

GENERAL ORDER


Senator Randle m oved that SB 35 be advanced, which m otion was declaredadopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McIntyre, Miller, Porter, Randle, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—40.

Nay: McCune, Moore, O’Connor, Pierce and Rhodes.—5.

Excused: McDaniel, Shedrick andWright.—3.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Lamb, Landis, Luton, McIntyre, Miller, O’Connor, Porter, Randle, Roberts, Rozell, Schuelein, Stipe,

482 Senate Journal

Taliaferro, Taylor, Terrill, Winn, York and Young.— 36.

Nay: Keller, Leonard, McCune, Moore, Pierce, Rhodes, Smith and Watson.— 8.

Excused: Kilpatrick, McDaniel, Shedrick and Wright.—4.



GENERAL ORDER


Senators Dahl, Randle and Shedrick moved to amend SB 36, Page 2, Line 8, by inserting a new Section 2 as follows: “ Section 2. There is hereby appropriated to the office of the Oklai.oma Historical Society, from the General Revenue Fund of the State Treasury, for the fiscal year ending June 30,1984, not otherwise appropriated, the sum of One Hundred Thousand Dollars ($100,000.00), or so much thereof as is necessary to be utilized to plan and/or establish an appropriate memorial for the display of the Jim Thorpe Olympic Medals.” and renumber subsequent sections, which amendment was declared adopted.


THIRD READING



Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green,

Hopkins, Howell, Johnson, Keller, Lamb, Landis, Leonard, Luton, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—42.

Nay: McCune and Smith.—2.

Excused: Kilpatrick, McDaniel, Shedrick and Wright.—4.




Advising concurrence in SAs to and passage of Engrossed HBs 1007 and 1096, as amended.


Advising rejection of SAs to Engrossed HB 1020, requesting Conference and naming Conferees at a later date.



SB 72 SB 127


Advising passage of and returning Engrossed SB 70, SB 83, coauthored by Glover of the House and SB 116.

The above numbered SBs were referred for enrollment.


Senator Boatner moved to suspend Joint Rule 17(a) to allow consideration of SB 296


this legislative session, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—44.

Excused: Giles, McDaniel, Shedrick and Wright.—4.




GENERAL ORDER

HB 1082 by Vaughn and Rieger of the House and Leonard of the Senate was called up for consideration.

Senator Taliaferro moved to amend HB 1082, Page 3, Line 10, by adding after the word “ denomination” and before the comma the following: “ which believes and practices the Bible commandments to be the supreme authority for their actions” and on Page 3, Line 11, by adding after the word “ provided” and before the word “ that” the following: ‘ ‘they have character witnesses to the effect that their faith reflects the true Christian attitude. Provided further,” , which amendment was tabled upon motion of Senator Leonard upon roll call as follows:

Aye: Boatner, Cain, Cate, Choate, C lifton, C om bs, C ullison, D ahl, D aw son , D ennis, Ford, Green, K eller, Kilpatrick, Lamb,

Leonard, Luton, McCune, Miller, O’Connor, Randle, Rhodes, Roberts, Schuelein, Taylor, Terrill and York.—27.

Nay: Branch, Capps, Giles, Hopkins, Johnson, Landis, McIntyre, Moore, Pierce, Porter, Rozell, Smith, Stipe, Taliaferro, Watson, Winn and Young.— 17.

Excused: Howell, McDaniel, Shedrick and Wright.—4.


THIRD READING



Aye: Branch, Cain, Cate, Choate, Clifton, Cullison, Dahl, Dawson, Dennis, Ford. Green, Howell. Keller, Lamb. Leonard. Luton, McIntyre, Miller, O’Connor, Pierce. Porter, Randle, Rhodes, Roberts, Schuelein, Stipe, Taylor, Terrill, Watson and York.—30.

Nay: Boatner, Capps, Giles, Hopkins, Johnson, Landis, McCune, Moore, Rozell, Smith, Taliaferro, Winn and Young.— 13.

Excused: Combs, Kilpatrick. McDaniel, Shedrick and Wright.—5.

The bill passed.

Senators Smith and Rozell desired to vote Aye on the emergency.

On the question of passage of the emergency, the vote resulted as follows: Aye: 32; Nay; 11; Excused: 5.


484 Senate Journal


Pursuant to Rule 12-24 Senator Leonard moved that the vote be reconsidered whereby HB 1082 passed.

MOTION TO RECONSIDER VOTE WITHDRAWN

Senator Stipe asked unanimous consent, which was granted, that his motion to reconsider the vote whereby HB 1305 passed be withdrawn.


GENERAL ORDER

HB 1097 by Draper of the House and Cate of the Senate was called up for consideration.

Senator Cate moved that HB 1097 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Lamb, Landis, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—41.

Nay: Leonard and Pierce.—2.

Excused: Combs, Kilpatrick, McDaniel, Shedrick and Wright.—5.




Advising fourth reading of and transmitting for signature Enrolled HBs 1339 and 1352.

The above numbered Enrolled HBs were, after fourth reading, properly signed and ordered returned to the Honorable House.


Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HB 1020 was ordered granted. President Pro Tempore York appointing as Senate Conferees the following: Senators Roberts, Branch and O’Connor.

SECOND READING


SCR 10 — Human Resources



HCR 1005 — By Craighead, Williams (Penny), Leftwich and Henry of the House and Howell of the Senate.

A concurrent resolution requesting the Oklahoma State Regents for Higher Education to study the educational system and its relation to high technology industry; and directing distribution.



COMMITTEE REPORTS


DO PASS:

SCR 8 — Education, coauthored by Leftwich (principal House author).

HB 1081 — Judiciary.HB 1094 — General Government.HB 1113 — Education, coauthored by

Williams (Freddye) of the House and Porter and Cain of the Senate.

HB 1167 — Judiciary.HB 1406 — Finance.HJR 1002 — General Government.HJR 1017 — General Government.DO PASS, as amended:

CS for SB 296 — Judiciary, coauthored by Harbin (principal House author).

HB 1075 — Appropriations.HB 1076 — Appropriations.HB 1077 — Appropriations.HB 1078 — Appropriations.HB 1151 — Finance.HB 1211 — Finance, coauthored by Ter

rill of the Senate.CS for HB 1215 — Education.HB 1271 — Education, coauthored by

Howell (principal Senate author).HB 1306 — Education.HB 1372 — Finance.HB 1430 — Finance.



Lawrence Hart, Clinton, as a member to the Oklahoma Human Rights Commission,

to serve a term of three years ending July 15, 1985, and effective upon Senate confirmation. Mr. Hart will succeed himself.

Jerry Hetherington, Sallisaw, as a member to the Board of Regents of Carl Albert Junior College to fill an unexpired seven year term ending July 1, 1984, and effective upon Senate confirmation. Mr. Hetherington will succeed Delores Mitchell (resigned).

Mona Lambird, Oklahoma City, as a member to the State Election Board, to serve a term of four years ending March 1, 1987, and effective upon Senate confirmation. Ms. Lambird will succeed Drew Neville.

Jeannie Lunsford, Stratford, as a member to the Indian Affairs Commission, to serve a term of three years ending August 15, 1985, and effective upon Senate confirmation. Ms. Lunsford will succeed herself.

Jack McGahey, Ardmore, as a member to the Used Motor Vehicle and Parts Commission, to fill an unexpired six year term ending June 30, 1984, and effective upon Senate confirmation. Mr. McGahey will succeed Dean Stewart (resigned).

J.O. Williams, Stillwater, as a member to the Polygraph Examiners Board, to fill an unexpired six year term ending May 15, 1985, and effective upon Senate confirmation. Mr. Williams will succeed Raymond McMinn.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Thursday, April 14, 1983, at 11:00 a.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 4:10 p. m. to meet Thursday, April 14, 1983, at 11:00 a.m.

Fifty-first Legisiative DayThursday, April 14,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Choate, Clifton, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, O’Connor, Pierce, Porter, Rhodes, Roberts, Ro- zell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—40.

Excused: Cate, Combs, Giles, Kilpatrick, McDaniel, Moore, Randle and Wright.—8.


The prayer was offered by Mr. Stewart, the guest of Senator Kilpatrick.


Senator Shedrick introduced the coaches and players of the championship Cushing Highschool basketball team and asked unanimous consent, which was granted, that they be allowed privileges of the floor to receive Citations from the Senate.



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn and York.—37.

Excused: Cate, Combs, Giles, Kilpatrick, McDaniel, Moore, Porter, Randle, Stipe, Wright and Young.— 11.


Advising fourth reading of and transmitting for signature Enrolled HBs 1007,1096, 1097, 1115 and 1234.


488 Senate Journal


SBs 31 ,32 ,34 ,35 ,36 ,37 ,48 and 49 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.

HBs 1125 and 1305 were each correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.

SBs 70, 83 and 116 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.

GENERAL ORDER


Senator Shedrick moved that SB 33 be advanced, which motion was declared adopted.THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and York.—38.

Excused: Cate, Combs, Giles, Kilpatrick, McDaniel, Moore, Porter, Randle, Wright and Young.— 10.





SB 1SB 77

GENERAL ORDER



THIRD READING



Aye: Branch, Cain, Capps, Choate, Clifton, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Lamb, Leonard, Luton, McIntyre, Miller, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and York.—35.

Nay: Landis and McCune.—2.

Excused: Boatner, Cate, Combs, Giles, Kilpatrick, McDaniel, Moore, Porter, Randle, Wright and Young.— 11.



HB 1106 by Glover of the House and Capps and Taliaferro of the Senate was called up for consideration.

Fifty-first Legislative Day, Thursday, April 14, 1983 489

Senator Capps asked unanimous consent to amend HB 1106 by crippling the Title, which amendment was declared adopted.


THIRD READING



Aye: Branch, Cain, Capps, Choate, Clifton, Ford, Green, Howell, Johnson, Keller, Lamb, Landis, Leonard, McCune, McIntyre, O’Connor, Pierce, Rhodes, Schuelein, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—27.

Nay: Boatner, Cullison, Dahl, Dawson, Dennis, Hopkins, Luton, Roberts, Rozell, Shedrick and Stipe.— 11.

Excused: Cate, Combs, Giles, Kilpatrick, McDaniel, Moore, Porter, Randle and Wright.—9.

* Not Voting: Miller.— I.

* Senator Miller asked to be shown not voting on HB 1106 for reason of personal interest, as provided in Article V, Section 24, Oklahoma Constitution.

The bill passed.

Senators Hopkins, Shedrick, Boatner, Dawson and Stipe desired to vote Aye on the emergency.

On the question of passage of the emergency, the vote resulted as follows: Aye: 32; Nay: 6; Excused: 9; Not Voting: 1.




HAS to SB 127 were concurred in upon motion of Senator Stipe.



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Cullison. Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Landis, Leonard, Luton, McCune, McIntyre, Miller, O ’Connor, Pierce, Porter, Rhodes, Roberts, Rozell. Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—38.

Nay: Keller and Lamb.—2.

Excused: Cate, Combs, Giles, Kilpatrick, McDaniel, Moore, Randle and Wright.—8.

The bill passed.


GENERAL ORDER

HB 1098 by Hooper and Glover of the House and Taliaferro of the Senate was called up for consideration.

Senator Smith moved to amend HB 1098, Page 2, Line 4, by adding a new Section 2 as follows:

Section 2. AMENDATORY 6 O.S. 1981, Section 2203,is amended to read as follows:

Section 2203. (a) A financial institution is prohibited from giving, releasing or disclosing any financial record to any government authority unless:


[(a)] (i) it has written consent from the customer for the specific record requested; or

[(b)] (ii) it has been served with a subpoena issued pursuant to Section 4 for the specific record requested.

(b) NOTHING IN THIS ACT SHALL PRECLUDE ANY FINANCIAL INSTITUTION, OR ANY OFFICER, EMPLOYEE, OR AGENT OF A FINANCIAL INSTITUTION, FROM NOTIFYING A GOVERNMENT AUTHORITY THAT SUCH INSTITUTION, OR OFFICER, EMPLOYEE, OR AGENT HAS INFORMATION WHICH MAY BE RELEVANT TO A POSSIBLE VIOLATION OF ANY STATUTE OR REGULATION NOR FROM GIVING, RELEASING OR DISCLOSING ANY FINANCIAL RECORD TO ANY GOVERNMENT AUTHORITY WHICH MAY BE RELEVANT TO A POSSIBLE VIOLATION OF ANY STATUTE.” ,

which amendment was withdrawn upon request of Senator Smith.

SenatorTaliaferro moved that HB 1098 be advanced, which motion was declared adopted.THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Cullison, Dahl, Dennis, Ford, Green, Johnson, Lamb, Landis, Leonard, Luton, McCune, McIntyre, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Winn, York and Young.— 33.

Nay: Dawson, Howell, Keller, Miller, Stipe and Watson.—6.

Excused: Cate, Combs, Giles, Hopkins, Kilpatrick, McDaniel, Moore, Randle and Wright.—9.




Advising passage of and returning Engrossed SB 205 and SJR 21.

The above numbered SB and SJR were referred for enrollment.


HAs to SB 165 were concurred in upon motion of Senator McCune.



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Landis, Leonard, Luton, McCune, McIntyre, Miller, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—38.

Nay: Lamb.— 1.

Excused: Cate, Combs, Giles, Kilpatrick, McDaniel, Moore, Porter, Randle and Wright.—9.



Fifty-first Legislative Day, Thursday, April 14, 1983 491

GENERAL ORDER

HB 1173 by Hooper, et al, of the House and Taliaferro, et al, of the Senate was called up for consideration.

Senators Shedrick and Terrill asked to coauthor HB 1173, which was the order.

Senator Terrill moved to amend HB 1173, Page 2, Line 7, by inserting new Sections 2 and 3 as follows:

“ Section 2. A. All law enforcement agencies of this state or any political subdivision of this state shall maintain on forms approved by the Director of the Oklahoma State Bureau of Investigation, a permanent record and prepare an individual report of:

1. All felony offenses reported or known to have been committed within their respective jurisdictions;

2. All offenses reported or known to have been committed within their respective jurisdictions which involve sexual deviation, perversion or sex crimes against persons;

3. All missing persons incident reports and cancellation of the same made within their respective jurisdictions; and

4. All unidentified human bodies discovered within their respective jurisdictions.

B. The report required by paragraphs (2),(3), and (4) of subsection A of this section shall be filed with the Bureau within seventy- two (72) hours after information of such an offense, missing person or unidentified body is received by the law enforcement agency.

Section 3. The provisions of this act are severable and if any part or provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.”

and renumber subsequent section and amend title to conform, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Lamb, Leonard, Luton, McCune, Miller, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.— 36.

Nay: Dawson, Landis and Schuelein.—3.

Excused: Cate, Combs, Giles, Kilpatrick, McDaniel, McIntyre, Moore, Randle and Wright.—9.




Advising adoption of and returning Engrossed SCR 4, coauthored by Mentzer, Monks, Conaghan, Hill, Kamas, Anderson, Davis (Guy) and Duckett of the House.

The above numbered SCR was referred for enrollment.MESSSAGE FROM THE HOUSE

Advising fourth reading of and returning Enrolled SBs 70, 83 and 116.


492 Senate Journal

SECOND READING


HCR 1005 — Education


Senator McIntyre asked unanimous consent to suspend Rule 5-5 to introduce SR 19, which was the order.

FIRST READING

The following were introduced and read the first time.

SCR 11 — By Pierce.A concurrent resolution expressing legis

lative intent that certain resolutions relating to the Department of Human Services be rescinded; directing the Oklahoma Public Welfare Commission and the Director of Human Services to make adjustments appropriate to continued operation of the Department within available sales tax and federal revenues; and directing distribution.

SR 19 — By McIntyre and Porter.A resolution praising Wayman Tisdale;

extending hope for continued success; and directing distribution.COMMITTEE REPORTS


DO PASS:

HB 1282 - HB 1299 -

Business and Labor. Business and Labor.


HB 1042 — General Government. HB 1176 — General Government.


Advising rejection of SAs to Engrossed HB 1305, requesting Conference and naming Conferees as follows: Davis (Guy), Law- ter and Twidwell.


The following lobbyist registration (including organizations represented) has been filed with the Joint Legislative Ethics Committee:

Zapanta, Albert Charles, Arco Oil and Gas.

BILL RELEASED


Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Monday, April 18,1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 12:40 p.m. to meet Monday, April 18, 1983, at 1:30 p.m.

Fifty-second Legislative DayMonday, April 18,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.



The prayer was offered by Reverend Dave Hardy, Eastland Baptist Church, Tulsa, the guest of Senator Rhodes.



SB 183 (Emergency failed).


SBs 20, 33 and 47 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.


SBs 127,165, 205 and SJR 21 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.



Advising naming of House Conferees on Engrossed HB 1020 as follows: Sanders, Glover, Brown, Davis (Guy) and Henshaw.



494 Senate Journal



HAs to SB 183 were rejected upon motion of Senator Shedrick, Conference requested, and said bill referred to Special Conference Committee on Retirement Laws.

GENERAL ORDER

SCR 9 by Taliaferro of the Senate and Baughman of the House was called up for consideration.

SCR 9 was adopted upon motion of Senator Taliaferro and referred for engrossment.

GENERAL ORDER

HB 1004 by Thompson of the House and Johnson of the Senate was called up for consideration.

Senator Johnson moved that HB 1004 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—41.

Excused: Cate, Clifton, Ford, Keller, McDaniel, Miller and Randle.—7.

The bill passed.

Senator McDaniel desired to vote Aye on the emergency.




GENERAL ORDER

HB 1346 by Grieser of the House and Stipe of the Senate was called up for consideration.

Senator Stipe moved that HB 1346 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Luton, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—39.

Nay: Dawson, Leonard, McCune, Shedrick and Terrill.—5.

Excused: Cate, Clifton, Miller and Randle.—4.


Fifty-second Legislative Day, Monday, April 18, 1983 495


GENERAL ORDER

HB 1356 by Cotner, et al, of the House and Stipe and Ford of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.^ 3 .

Excused: Cate, Clifton, Miller, Randle and Young.— 5.

The bill passed.


GENERAL ORDER

HB 1080 by Kincheloe, et al, of the House and Watson, et al, of the Senate was called up for consideration.

Senators Lamb and Branch asked to coauthor HB 1080, which was the order.


THIRD READING


On the question of passage of the bill, the roll resulted as follows:

Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O ’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—43.

Excused: Cate, Miller, Porter, Randle and Young.—5.

The bill passed.



Senator McIntyre asked unanimous consent, which was granted, to suspend Rule 5-4 and when SR 19 is read the second time it be referred direct to the Calendar.

GENERAL ORDER

HB 1114 by Davis (Frank) of the House and Leonard of the Senate was called up for consideration.


THIRD READING


496 Senate Journal


Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Y o rk .^ 3 .

Excused: Cate, Miller, Porter, Randle and Young.—5.

The bill passed.


GENERAL ORDER

HB 1002 by Henry, et al, of the House and Clifton and Taliaferro of the Senate was called up for consideration.



THIRD READING


On the question of passage of the bill, the roll resulted as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter,

Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—42.

Nay: Dawson, Luton and Smith.—3.

Excused: Giles, Miller and Randle.—3.

The bill passed.



Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HB 1305 was ordered granted. President Pro Tempore York appointing as Senate Conferees the following: Senators Rozell, Stipe and Cain.

Upon motion of Senator Schuelein, additional conferees to HB 1020 were appointed as follows: Senators Dennis and McIntyre.

GENERAL ORDER

HB 1252 by Harbin, et al, of the House and Roberts of the Senate was called up for consideration.

Senator Luton moved to amend HB 1252, Page 5, Line 6, by inserting at the end of the line the following language: “ At anytime prior to the collection as provided in this paragraph, the municipality may pursue any civil remedy for collection of the amount owing and interest thereon. Upon receiving payment, if any, the municipal clerk shall forward to the county treasurer a notice of such payment and directing discharge of the lien.’’, which amendment was declared adopted.

Senator Luton moved to amend HB 1252, Page 6, Line 5, by inserting after the word


“ garden” and before the semi-colon the following language: “ unless such trees and shrubbery by their density or location constitute a detriment to the health, benefit and welfare of the public and community or a hazard to traffic or create a fire hazard to the property or otherwise interfere with the mowing of said weeds. ” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—44.

Excused: Ford, Miller, Randle and Young.—4.



GENERAL ORDER

HB 1208 by Conaghan of the House and O’Connor of the Senate was called up for consideration.

Senator Stipe moved to amend HB 1208, Page 3, Line 2, by adding after the word “ reapportionment” the following: “ After the deadline for reapportionment by the

county commissioners and county excise board has passed, the District Court is vested with jurisdiction for reapportionment upon the application of any citizen.” , which amendment was declared adopted.

Senator O’Connor moved that HB 1208 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Ford, Miller and Randle.—3.

The bill passed.


GENERAL ORDER

HB 1165 by Cotner of the House and Winn and Landis of the Senate was called up for consideration.

Senator Winn moved that HB 1165 be advanced, which motion was declared adopted.

THIRD READING


498 Senate Journal


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.-

Excused: Ford, Miller, Randle and Young.—4.

The bill passed.



HAs to SB 1 were rejected upon motion of Senator McCune, Conference requested, and Senate Conferees appointed as follows: Senators McCune, Leonard and Capps.

GENERAL ORDER

HB 1040 by Henry of the House and Clifton of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hop

kins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, "York and Young.—43.

Nay: Keller.— 1.

Excused: Ford, McIntyre, Miller and Rand l e . ^ .

The bill passed.



HAs to SB 72 were rejected upon motion of Senator Dawson, Conference requested, and said bill referred to Special Conference Committee on Retirement Laws.

GENERAL ORDER

HB 1028 by Mentzer, et al, of the House and Taliaferro of the Senate was called up for consideration.

Senator Branch asked to coauthor HB 1028, which was the order.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick,


Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Nay. Smith.— 1.

Excused: Ford, McIntyre and Randle.— 3.






Advising rejection of SAs to Engrossed HB 1125, requesting Conference and House Conferees to be named later.

SECOND READING

The following were read the second time and referred as indicated:

SCR 11 — PolicySR 19 — Direct to Calendar

FIRST READING


SCR 12 — By Pierce.A concurrent resolution calling for the

convening of a committee to establish a uniform period for the scheduling of spring vacation in schools; providing for the membership of the committee; setting a deadline for the committee to meet; calling for public statement of results of committee action; and directing distribution.

SR 20 — By Stipe, Porter, Dahl, Dennis, McIntyre, Boatner, Roberts, Lamb, Rozell, Branch, Winn, Capps, Taylor, Hopkins, Choate, Taliaferro, Ford, Giles, Green, Landis, Young, Cate and Miller.

A resolution memorializing appointing authorities of state government to give preference to residents of the State of Oklahoma; to consult with institutions of higher learning; and directing distribution.


Advising passage of and returning Engrossed SB 124, coauthored by Glover of the House; SB 186, coauthored by Holden, Harbin, Vaughn and Davis (Frank) of the House; SB 256, coauthored by Conaghan of the House and SJR 5, coauthored by Hill of the House.

The above numbered measures were referred for enrollment.

COMMITTEE REPORTS


DO PASS:

HB 1338 — Business and Labor.


HB 1275 — Business and Labor, coauthored by Clifton (principal Senate author).

HB 1318 — Business and Labor.


Advising fourth reading of and returning Enrolled SBs 127, 165, 205 and SJR 21.

The above numbered Enrolled SBs and SJR were referred to the Governor.



500 Senate Journal



journed to convene Tuesday, April 19,1983, at 1:30 p.m,, which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 2:45 p.m. to meet Tuesday, April 19, 1983, at 1:30 p.m.

Fifty-third Legisiative DayTuesday, April 19,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Rhodes, Roberts, Ro- zell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46

Excused: Moore and Randle.— 2.


The prayer was offered by Reverend Hardy, the guest of Senator Rhodes.


The following executive nomination was read and referred to the Committee on Executive Nominations:

Betty M cElderry, Purcell, as a m em ber tothe State Election Board.


SCR 9 was correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.

HBs 1028, 1040, 1165, 1208 and 1252were each correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.

SBs 124, 186, 256 and SJR 5 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.


Advising fourth reading of and transmitting for signature Enrolled HBs 1002,1004, 1080, 1114, 1120, 1346 and 1356.



Senator Leonard moved that the vote be reconsidered whereby HB 1082 passed, which motion was tabled upon motion of Senator Cain.

502 Senate Journal



Advising rejection of CCR to Engrossed HB 1221, requesting further Conference and naming same Conferees as follows: Wide- ner, Hooper and Hill.



HB 1305.

UNANIMOUS CONSENT REQUEST TO CONSIDER RESOLUTION

Senator Stipe asked unanimous consent to suspend Rule 5-4 to consider SR 20 on this legislative day, fo which request objection was heard.

Senators Green and Ford asked that their names be removed as coauthors of SR 20, which was the order.

MOTION TO SUSPEND RULE

Senator Stipe moved to suspend Rule 5-4 to consider SR 20 on this date, which motion was declared failed of adoption upon roll call as follows:

Aye: Boatner, Branch, Capps, Cate, Dahl, Dennis, Giles, Hopkins, Landis, McIntyre, Miller, Porter, Roberts, Rozell, Stipe, Taliaferro, Taylor, Terrill and Winn.— 19.

Nay: Cain, Choate, Clifton, Combs, Cul- lison, Dawson, Ford, Green, Howell, John

son, Keller, Kilpatrick, Lamb, Leonard, McCune, McDaniel, O’Connor, Pierce, Rhodes, Schuelein, Smith, Watson and Wright.—23.

Excused: Luton, Moore, Randle, Shed- fick, York and Young.—6.

GENERAL ORDER

HB 1281 by Sherrer of the House and Capps of the Senate was called up for consideration.


THIRD READING



Aye: Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O ’Connor, Rhodes, Schuelein, Smith, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—32.

Nay: Boatner, Branch, Dawson, Dennis, Ford, Miller, Pierce, Porter, Roberts, Rozell and Stipe.— 11.

Excused: Moore, Randle, Shedrick, York and Young.—5.



Pursuant to Rule 12-24 Senator Miller moved that the vote be reconsidered whereby HB 1281 passed.

Fifty-third Legislative Day, Tuesday, April 19, 1983 503


Senator Schuelein introduced Governor Nigh and the national President of the Jay- cees, Mr. Don Jones from the state of Louisiana to the Senate and asked unanimous consent, which was granted, that Mr. Jones, along with his wife, Gaylynn, and their party be granted privileges of the floor. Senator Schuelein presented Governor Nigh to the Senate who introduced the following: Mr. Tripp Haggard, McAlester, national Vice President of the Jaycees and the State President, Mr. Bill Orcutt. Mr. Jones delivered an address to the Senate.


Advising Conference granted on Engrossed SB 1, and naming House Conferees as follows: Vaughn, Whorton and Shurden.

GENERAL ORDER

HB 1113 by Ross, et al, of the House and McIntyre, et al, of the Senate was called up for consideration.

Senator Dawson asked to coauthor HB 1113, which was the order.

Senator McIntyre moved that HB 1113 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Green, Hopkins, Howell, Johnson, Kilpatrick, Landis, Leonard, Luton, McCune, McIntyre, Miller, O’Connor, Porter, Roberts, Rozell, Schue

lein, Stipe, Taliaferro, Taylor, Terrill, Winn, Wright, York and Young.—36.

Nay: Lamb, Pierce, Rhodes and Watson.—4.

Excused: Ford, Giles, Keller, McDaniel, Moore, Randle, Shedrick and Smith.—8.

The bill passed.

HB 1113 was ordered withheld.


Advising rejection of SAs to Engrossed HB 1173, requesting Conference and naming Conferees as follows: Hooper, Glover and Manar.

GENERAL ORDER

HB 1318 by Holden of the House and Terrill of the Senate was called up for consideration.

Senator Terrill moved to amend HB 1318, Page 2, Line 4, by adding after the word “ Code.” a new Section 2 as follows:

“ Section 2. AMENDATORY 36 O.S., 1981, Section 302, is amended to read as follows:

The Insurance Commissioner of the State of Oklahoma shall be at least twenty-five (25) years of age and a resident of the State of Oklahoma, [and shall have been for at least ten (10) years actively engaged in the insurance business within the State of Oklahoma, or shall have had ten (10) years’ experience in the State Insurance Department or State Insurance Board within the State of Oklahoma. Provided, however, that there may be a combination of experience in the insurance business and in the State Insurance Department or State Insurance Board to meet the ten (10) years’ experience required.] FOR AT

504 Senate Journal

LEAST FIVE (5) YEARS, AND HAVE HAD AT LEAST FIVE (5) YEARS’ EXPERIENCE IN THE INSURANCE INDUSTRY IN ADMINISTRATION, SALES, SERVICING OR REGULATION. The Insurance Commissioner shall not be financially interested, directly or indirectly, in any insurer, agency, or insurance transaction except as a policyholder or claimant under a policy.”

and renumbering subsequent sections and amending the title to conform, which amendment was declared adopted.


THIRD READING



Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O ’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—42.

Excused: Ford, Keller, Moore, Randle, Shedrick and Stipe.—6.

The bill passed.




SB 320.

GENERAL ORDER

HB 1406 by Murphy of the House and Terrill of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain. Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Rhodes, Roberts, Rozell, Schuelein, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—37.

Nay: O’Connor, Pierce, Smith and Wright.—4.

Excused: Ford, Keller, Moore, Porter, Randle, Shedrick and Stipe.—7.

The bill passed.



Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HB 1125 was ordered granted. President Pro Tempore York referring same to Special Conference Committee on Retirement Laws.

Fifty-third Legislative Day, Tuesday, April 19, 1983 505


HAS to SB 320 were rejected upon motion of Senator McDaniel, Conference requested, and Senate Conferees appointed as follows: Senators McDaniel, Taliaferro and Howell.


Advising fourth reading of and returning Enrolled SBs 124, 186, 256 and SJR 5.


GENERAL ORDER

HB 1150 by Hall, et al, of the House and Landis of the Senate was called up for consideration.

Senator Dawson moved to amend HB 1150, Page 2, Line 12, by adding after the word “ inspectors,” and before the word “ as” the words: “ ,tag agents,” , which amendment was tabled upon motion of Senator Landis upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Stipe, Taliaferro, Terrill, Watson, Winn, Wright and York.—36.

Nay: Dawson, Green, Smith andYoung.—4.

Excused: Cate, Choate, Ford, Leonard, Moore, Randle, Shedrick and Taylor.—8.

Senator Landis moved that HB 1150 be advanced, which motion was declared adopted.


THIRD READING

Senator Landis moved that the vote be reconsidered whereby HB 1150 was advanced, which motion was declared adopted.

HB 1150 remains on General Order.


Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HB 1173 was ordered granted. President Pro Tempore York appointing as Senate Conferees the following: Senators Taliaferro, Clifton and Cate.


HAs to SB 97 were rejected upon motion of Senator York, Conference requested, and Senate Conferees appointed as follows: Senators York, Cate and Luton.

UNANIMOUS CONSENT REQUEST MOTIONS TO RECONSIDER A VOTE

Senator Schuelein asked unanimous consent to suspend the provisions of Rule 12- 24B and that all motions to reconsider a vote on Senate appropriation measures made on Tuesday, April 19, Wednesday, April 20 and Thursday, April 21, be disposed of before the close of business on Thursday, April 21, which was the order.


Advising passage of and returning Engrossed SB 88, coauthored by Harvey of the House; SB 119; SB 128, coauthored by Denman of the House and SB 292, coauthored by Twidwell, Rieger, Grieser and Davis (Frank) of the House.


506 Senate Journal

DECLARATION OF VOTE

Senator Shedrick asked that the record reflect had she been present at the time of Third Reading she would have voted ‘ ‘Aye’ ’ on the following bills: HBs 1113, 1281, 1318 and 1406, which was the order.


Advising Conference granted on Engrossed SBs 97 and 320, and House Conferees to be named later.SECOND READING


SCR 12 — EducationSR 20 — General Government

COMMITTEE REPORTS


DO PASS:

HB 1312 — Finance, coauthored by Roberts (principal Senate author).


HB 1380 — Finance, coauthored by Combs (principal Senate author).

HB 1413 — Finance.


Advising approval by him, April 18, 1983, of Enrolled SBs 70, 80, 83 and 116.

BILLS RELEASED

HBs 1113 and 1406 were properly signed and ordered returned to the Honorable House.



Fifty-fourth Legislative DayWednesday, April 20,1983


Roll Call;

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.






M r. Carroll Jackson, Tulsa, as a m em berto the Used M otor Vehicle and Parts Com

mission, to serve a term of six years ending June 30, 1988, and effeetive upon Senate confirmation. Mr. Jackson will succeed himself.

Dr. John Martin, Ft. Gibson, as a member to the State Board of Vocational and Technical Education, to serve a term of six years ending April 9, 1988, and effective upon Senate confirmation. Dr. Martin will succeed himself.

Dr. Robert H. Nelson, Tulsa, as a member to the Board of Examiners for Speech Pathology and Audiology, to serve a term of three years ending August 17, 1985, and effective upon Senate confirmation. Dr. Robert Nelson will succeed Joseph Leonard.

Bertha Parker, Tahlequah, as a member to the State Transportation Commission, to serve a term of eight years ending February 15, 1991, and effective upon Senate confirmation. Mrs. Parker will succeed herself.

Don S. Reynolds, Del City, as a member to the Board of Regents of Oscar Rose Junior College, to serve a term of seven years ending July 1, 1989, and effective upon Senate confirmation. Don Reynolds will succeed himself.

508 Senate Journal

Dr. Edward Earl Sturgeon, Stillwater, as a member to the Board of Registration for Foresters, to serve a term of five years ending June 1, 1987, and effective upon Senate confirmation. Dr. Sturgeon will succeed himself.

Richard Woolery, Sapulpa, as a member to the Board of Regents of Tulsa Junior College, to fill an unexpired seven year term ending June 30, 1983, and effective upon Senate confirmation. Mr. Woolery will succeed Sheldon Detrick (resigned).



SBs 88, 119, 128 and 292 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.


Advising fourth reading of and transmitting for signature Enrolled HBs 1082, 1113 and 1406.



Senator Howell introduced the coaches and players of the Midwest City Highschool Bombers Wrestling Team, 1983 state champions, and asked unanimous consent, which was granted, that they be granted privileges of the floor to receive Citations from the Senate.

Senator Shedrick introduced Leroy Combs, Clark Meese and Rick Anderson, members of the Oklahoma State Cowboys Basketball Team, winners of the 1983 Big Eight Conference, along with their coaches, Paul Hansen and Darrel Johnson, and asked Unanimous consent, which was granted, that they be granted privileges of the floor during the consideration of SR 18. Copies of SR 18 were presented to the coaches and players.

GENERAL ORDER

SR 18 by Shedrick was called up for consideration.

All other members of the Senate except Senator Dawson asked to coauthor SR 18, which was the order.

SR 18 was adopted upon motion of Senator Shedrick and referred for enrollment.

GENERAL ORDER

HB 1014 by Caldwell, et al, of the House and McDaniel of the Senate was called up for consideration.

Senator Capps asked to coauthor HB 1014, which was the order.

Senator Rhodes moved to amend HB 1014, Page 3, Lines 6 and 7, by deleting after the word “ than” on Line 6 and before the word “ or” on Line 7, the words and figures “ One Hundred Dollars ($100.00)” and substituting therefor the words and figures “ Two Hundred Fifty Dollars ($250.00)” , which amendment was tabled upon motion of Senator McDaniel.

Senator McDaniel moved that HB 1014 be advanced, which motion was declared adopted.

THIRD READING


Fifty-fourth Legislative Day, Wednesday, April 20, 1983 509


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Flopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—45.

Excused: Keller, Randle and Winn.—3.




Upon motion of Senator Schuelein, the request of the Honorable House for further Conference on HB 1221 was ordered granted. President Pro Tempore York appointing same Senate Conferees as follows: Senators Giles, Leonard and Roberts.GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps,Cate, Choate, C lifton, Com bs, Cullison,

Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—44.

Nay: Smith.— 1.

Excused: Keller, Randle and Winn.—3.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Giles, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.— 38.

Nay: Ford, Green, Landis, Leonard, Moore and Smith.—6.

Excused: Dennis, Keller, Randle andW inn.-

510 Senate Journal



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—42.

Nay: Dawson, Landis and Moore.—3.

Excused: Porter, Randle and Winn.—3.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—43.

Nay: Keller, Moore and Smith.—3.




GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, Moore, O’Con-


nor, Pierce, Porter, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, York and Young.—41.

Nay: McCune, Rhodes, Smith, Watson and Wright.—5.




GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—46.




GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.— 46.




GENERAL ORDER



THIRD READING



512 Senate Journal

Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Dawson, Dennis, Giles, Green, Howell, Johnson, Kilpatrick, Lamb, Landis, Luton, McDaniel, McIntyre, Miller, O’Connor, Porter, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—35.

Nay: Cullison, Dahl, Ford, Hopkins, Keller, Leonard, McCune, Moore, Pierce, Rhodes, Smith and Wright.— 12.





Advising fourth reading of and returning Enrolled SBs 88, 119, 128 and 292.


GENERAL ORDER


Senator Luton asked to coauthor SB 300, which was the order.

Senator Kilpatrick moved to amend SB 300, Page 1, Line 4, by adding after the comma and before the word “ not” the words: “ for the fiscal year ending June 30, 1983” , which amendment was declared adopted.


THIRD READING



Aye: Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Howell, Johnson, Keller, Kilpatrick, Luton, McDaniel, Miller, O’Connor, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Wright and York.—25.

Nay: Boatner, Branch, Choate, Giles, Green, Hopkins, Lamb, Landis, Leonard, McCune, McIntyre, Moore, Pierce, Porter, Rhodes, Roberts, Smith, Stipe, Watson, Winn and Young.—21.

Excused: Dawson and Randle.—2.

The Chair advised that Senator Dawson, having been present in the Chamber during the vote on SB 300 would be shown voting “ Nay” in compliance with Rule 14-lB. The vote thereby resulted as follows: Aye: 25; Nay; 22; Excused: 1.

The bill passed.

Senators Hopkins, Landis, McIntyre, Roberts, Winn, Giles and Leonard desired to vote Aye on the emergency.

On the question of passage of the emergency, the vote resulted as follows: Aye; 32; Nay: 15; Excused; 1.






SB 230, coauthored by Anderson of the House.


Advising concurrence in SAs to and passage of Engrossed HBs 1165 and 1252 as amended.


Advising rejection of SAs to Engrossed HB 1208, requesting Conference and naming Conferees as follows: Conaghan, Glover and Boeckman.

GENERAL ORDER

HB 1275 by Lewis of the House and Clifton of the Senate was called up for consideration.

Senator Clifton moved to amend HB 1275, Page 2, Lines 12 and 13, by striking after the word “ sum” and before the word “ the” the word “ of” and inserting the words “ pursuant to” , which amendment was declared adopted.

Sentor Clifton moved to amend HB 1275, Page 5, Lines 8 and 9, by striking after the word “ amount” and before the word “ the” the word “ of” and inserting the words ‘ ‘pursuant to” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps,Cate, Clifton, Com bs, Cullison, Dahl, D aw

son, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Y ork .-^4 .

Nay: Porter and Young.—2.

Excused: Choate and Randle.—2.



GENERAL ORDER

HB 1140 by Abbott of the House and Howell of the Senate was called up for consideration.

Senator Howell moved to amend HB 1140, Page 1, by crippling the Title and striking the enacting clause, which amendment was declared adopted.

Senator Howell moved that HB 1140 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.

514 Senate Journal




GENERAL ORDER

HB 1151 by Abbott and Cole of the House and Howell of the Senate was called up for consideration.

Senator Terrill moved to amend HB 1151, Page 2, Line IVi, by adding a new Section 2 as follows:

“ Section 2. 70 O.S. 1981, Section 17- 116.2, as amended by Section 7, Chapter 329, O.S.L. 1982 (70 O.S. Supp. 1982, Section 17-116.2), is amended to read as follows:

Any member who elected during the 1978-79 school year to pay the differenee between five percent (5%) on actual salary not exceeding Ten Thousand Dollars ($10,000.00) and six percent (6%) on actual salary not exceeding Fifteen Thousand Dollars ($ 15,000.00) may receive a refund of the payment from the retirement system upon receipt and approval of a proper request by the Board of Trustees.” and renumbering subsequent sections and amending title to conform, which amendment was declared adopted.


THIRD READING


On the question of passage of the bill and emergeney, the roll call resulted as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Hop

kins, Howell, Johnson, Keller, Kilpatriek, Lamb, Landis, Luton, McDaniel, McIntyre, Miller, O’Connor, Porter, Roberts, Rozell, Sehuelein, Shedriek, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and York.—38.

Nay: Green, Leonard, McCune, Moore, Pierce, Rhodes, Smith, Wright and Young.—9.




GENERAL ORDER

HB 1271 by Abbott, et al, of the House and Howell of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Sehuelein, Shedriek, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: MeDaniel, Porter and Randle.—3.




GENERAL ORDER

HB 1176 by Deatherage, et al, of the House and Cate of the Senate was called up for consideration.

Senator Cate asked unanimous consent, which was granted, that HB 1176 be laid over for this legislative day.

GENERAL ORDER

HB 1163 by Monks, et al, of the House and Stipe and Dawson of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Hopkins, Howell, Kilpatrick, Luton, McDaniel, McIntyre, Miller, Roberts, Sehuelein, Shedriek, Stipe, Taliaferro, Terrill, York and Young.—25.

Nay: Capps, Choate, Ford, Giles, Green, Johnson, Keller, Lamb, Landis, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Rozell, Smith, Taylor, Watson, Winn and Wright.—21.

Excused: Porter and Randle.—2.

The bill passed.



HAs to SB 230 were rejected upon motion of Senator Stipe, Conference requested, and Senate Conferees appointed as follows: Sen- tors Stipe, Green and Hopkins.


Upon motion of Senator Sehuelein, the request of the Honorable House for Conference on HB 1208 was ordered granted. President Pro Tempore York appointing as Senate Conferees the following: Senators O’Connor, Clifton and Combs.

GENERAL ORDER

HB 1350 by Lewis of the House and Shed- rick of the Senate was called up for consideration.

Senator Shedriek moved to amend HB 1350, Page 1, by crippling the Title, which amendment was declared adopted.

Senator Cate moved to amend HB 1350, Page 3, Line 9, by adding after the words “ Section 516.3A” and before the word “ The” the following: “ Except as otherwise provided by law,” , which amendment was declared adopted.

Senator Boatner moved to amend HB 1350, Page 2, Line 8, by striking after the word “ States’ ’ and before the word “ is” the words “ or of the State of Oklahoma’ ’, which amendment was withdrawn upon request of Senator Boatner.

Senator Shedriek moved that HB 1350 be advanced, which motion was declared adopted.

THIRD READING


516 Senate Journal


Aye: Boatner, Cain, Cate, Clifton, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Luton, McCune, McIntyre, O’Connor, Pierce, Porter, Rhodes, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson and Winn.—27.

Nay: Branch, Capps, Choate, Cullison, Dahl, Dawson, Giles, Lamb, Landis, Leonard, McDaniel, Miller, Moore, Roberts, Stipe, Wright and Young.— 17.

Excused: Combs, Kilpatrick, Randle and Y o rk .^ .

The bill passed.

Senators Combs, Stipe, Landis, Roberts, Giles, Wright, Capps and Lamb desired to vote Aye on the emergency.

Senator Hopkins desired to vote Nay on the emergency.




Pursuant to Rule 12-24 Senator Shedrick moved that the vote be reconsidered whereby HB 1350 and the Emergency passed.



HAS to SB 77 were concurred in upon motion of Senator Combs.



Aye: Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—35.

Nay: Boatner, Branch, Dawson, Lamb, Landis, Leonard, Miller, Pierce, Stipe and Terrill.— 10.

Excused: Kilpatrick, Porter and Randle.—3.

The bill passed.

Senators Terrill and Landis desired to vote Aye on the emergency.




Pursuant to Rule 12-24 Senator Combs moved that the vote be reconsidered whereby SB 77 passed.





Advising adoption of and returning Engrossed SCR 5, coauthored by Thompson, Glover, Monks, Joiner, Whorton, Kamas, Vanatta, Hill, Talley, Cotner, Lancaster, Davis (Porter) and Henshaw.



COMMITTEE REPORTS


DO PASS:HB 1235 — Business and Labor.HB 1367 — General Government.HB 1395 — Law Enforcement, coau

thored by Wright (principal Senate author) and Johnson of the Senate.

HB 1409 — General Government.


SR 20 — General Government.HB 1033 — Judiciary.HB 1144— Business and Labor, coau

thored by Taylor (principal Senate author) and Winn of the Senate.

HB 1206 — Judiciary.HB 1331 — General Government.HB 1341 — Business and Labor, coau

thored by Clifton (principal Senate author).CS for HB 1358 — Business and Labor.HB 1385 — Law Enforcement.HB 1394 — Business and Labor.HB 1422 — Law Enforcement, coau

thored by Wright (principal Senate author) and Johnson of the Senate.


Advising approval by him, April 20, 1983, of Enrolled SBs 124, 127, 165, 205, 256 and SJR 21.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Thursday, April 21, 1983, at 12:00 noon, which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 3:30 p.m. to meet Thursday, April 21, 1983, at 12:00 noon.

Fifty-fifth Legisiative DayThursday, April 21,1983


Present: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Choate, Miller, Randle and Shedrick.— 4.



INTRODUCTION

Senator Ford introduced his grandson, John Reed Ford, to the Senate.



Jack Bernier, Oklahoma City, as a member to the Board of Regents of South Oklahoma City Junior College.

Bill Bowen, Tulsa, as a member to the Board of Regents of Tulsa Junior College.

Glenn E. Michael, Tulsa, as a member to the Grand River Dam Authority.


SBs 38 ,39 ,40 ,41 ,42 ,43 ,44 ,45 and 300were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.

HBs 1014, 1140, 1151, 1163, 1271 and 1275 were each correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.




520 Senate Journal




GENERAL ORDER

HB 1094 by Hooper of the House and Taliaferro of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—41.

Excused; Choate, Ford, Luton, Miller, Randle, Shedrick and Stipe.—7.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McDaniel, McIntyre, Moore, O’Connor, Porter, Roberts, Rozell, Schuelein, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.— 35.

Nay: Green, McCune, Pierce, Rhodes, Smith and Wright.—6.

Excused: Choate, Ford, Luton, Miller, Randle, Shedrick and Stipe.—7.




Senators Cain, Dennis, Terrill and Watson moved to amend SB 46, Page 3, Line 14, by deleting after the word “ Administration” the amount “ $41,367,013.00” and inserting in its place the amount “ $39,367,013.00” , and on Page 3, Line 4, by deleting the amount “ S21,993,752.00” and inserting the amount “ $23,993,752.00” , which amendment was declared adopted upon motion of Senator Watson.


Fifty-fifth Legislative Day, Thursday, April 21, 1983 521

THIRD READING

Senator Young asked unanimous consent that the vote be reconsidered whereby SB 46 was advanced, to which request objection was heard.

Senator Young moved that the vote be reconsidered whereby SB 46 was advanced, which motion was declared adopted.GENERAL ORDER


Senator McIntyre moved to amend SB 46, Page 5, Line 17, by adding after “ 1983.” a new Section 6 as follows: “ Section 6. It is the intent of the Legislature that programs administered by the Department of Human Services when House Bill 1468 (Chapter 312, O.S.L. 1982) of the 1982 Legislature was enacted shall not be reduced by implementation of House Bill 1468 and that expenditures for such programs shall be given priority over those for House Bill 1468.” and renumbering subsequent sections and amending the Title to conform.

Senator Cain moved to table the McIntyre amendment to SB 46, which motion was declared adopted upon roll call as follows:

Aye: Cain, Capps, Cate, Clifton, Dawson, Green, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, McCune, McDaniel, Moore, Pierce, Rhodes, Schuelein, Smith, Taliaferro, Terrill, Watson, Wright and York.—24.

Nay: Boatner, Branch, Cullison, Dahl, Dennis, Ford, Giles, Hopkins, Landis, McIntyre, O’Connor, Porter, Roberts, Rozell, Taylor, Winn and Young.— 17.

Excused: Choate, Combs, Luton, Miller, Randle, Shedrick and Stipe.—7.

Senator Cain asked unanimous consent,which was granted, that SB 46 be laid overtemporarily.

GENERAL ORDER

SCR 8 by York of the Senate and Leftwich of the House was called up for consideration.

SCR 8 was adopted upon motion of Senator York and referred for engrossment.MESSAGE FROM THE HOUSE HAS to SENATE BILLS


SB 177.SB 182, coauthored by Harbin, Leftwich,

Graves and Davis (Porter) of the House.SB 195, coauthored by Graves of the

House.SB 311.

GENERAL ORDER


Senator Kilpatrick moved to amend SB 24, Page I, by crippling the Title, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis. Leonard, McCune, McDaniel. McIntyre, Moore. O ’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Taliaferro, Taylor, Terrill, Watson, Winn. Wright, York and Young.—40.

522 Senate Journal

Excused: Choate, Ford, Keller, Luton, Miller, Randle, Shedrick and Stipe.— 8.




Senator Combs moved that the vote be reconsidered whereby SB 77 passed, which motion was tabled upon motion of Senator Terrill.

House amendments were properly signed and SB 77 was referred for enrollment.

GENERAL ORDER

SB 46 as amended on page 520, was considered further.

Senator Young moved to amend SB 46, Page 2, Line 17, by striking after the word “ Youth” the amount “ $63,463,104.00” and inserting the amount “ $66,963,104.00” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Moore, O’Connor, Porter, Rhodes, Roberts, Rozell, Schuelein, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—35.

Nay: Branch, Pierce, Smith andWinn.—4.

Excused: Choate, Ford, Howell, Keller, Luton, Miller, Randle, Shedrick and Stipe.—9.





HCR 1009 — By Kincheloe of the House and McCune of the Senate.

A concurrent resolution requesting that the Governor designate May 1 as “ Kick the Litter Habit Day” and the month of May as “ Clean is Beautiful Month” ; calling upon the citizens and law enforcement agencies of this state to encourage certain clean-up activities; and directing distribution.







The above numbered Enrolled Resolution was referred to the Secretary of State.COMMITTEE REPORTS


DO PASS:

HB 1119 — Natural Resources, coau- •^hored by Green of the Senate.

Fifty-fifth Legislative Day, Thursday, April 21, 1983 523

HB 1320 — Natural Resources, coauthored by Green of the Senate.


CS for HB 1251 — Natural Resources, coauthored by Green of the Senate.

CS for HB 1272 — General Government, coauthored by Landis and Taliaferro of the Senate.

HB 1419 — Finance, coauthored by Combs (principal Senate author).

FIRST READING


SB 327 — By York of the Senate and Draper of the House.

An act relating to state government; amending Section 35, Chapter 338, O.S.L. 1982 (74 O.S. Supp. 1982, Section 841.14), which relates to reductions and layoffs of state employees; authorizing Contingency Review Board to effect reductions-in-force; allowing leave without pay status; allowing

retention of employee benefits; authorizing Contingency Review Board to effect mandatory furloughs; providing for elimination of per diem expenses; providing for Contingency Review Board to call upon elected officials and other public officers to donate portion of salaries; providing for reports of cost savings; providing an effective date; and declaring an emergency.


Advising approval by him, April 1983, of Enrolled SB 186 and SJR 5.BILL RELEASED

21,

HB 1094 was properly signed and ordered returned to the Honorable House,

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Monday, April 25, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 1:30 p.m. to meet Monday, April 25, 1983, at 1:30 p.m.

Fifty-sixth Legisiative DayMonday, April 25,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.



The prayer was offered by Reverend Elbert Smith, First Baptist Church, Vivian, the guest of Senator Miller.

The Presiding Officer also introduced the wife of Reverend Smith, Mrs. Kay Smith, to the Senate.REPORT OF ENGROSSED AND ENROLLED BILLS

SBs 24, 46, 58 and SCR 8 were each correctly engrossed, properly signed and

ordered transmitted to the Honorable House for consideration.




The above numbered Enrolled HB was, after fourth reading, properly signed and ordered returned to the Honorable House. CHANGE INCOMMITTEE ASSIGNMENT

Senator Combs asked unanimous consent to withdraw SB 227 from the Finance Committee and refer same to the Education Committee, which was the order.

GENERAL ORDER

HB 1153 by Abbott, et al, of the House and Stipe, et al, of the Senate was called up for consideration.


526 Senate Journal

Senator Terrill moved to amend HB 1153, Page 22, Line ‘/a, by adding a new Section 14 to read as follows:

“ Section 14. 70 O.S. 1981, Section 17- 116.2, as amended by Section 7, Chapter 329, O.S.L. 1982 (70 O.S. Supp. 1982, Section 17-116.2), is amended to read as follows:

Any member who elected during the 1978-79 school year to pay the difference between five percent (5%) on actual salary not exceeding Ten Thousand Dollars ($10,000.00) and six percent (6%) on actual salary not exceeding Fifteen Thousand Dollars ($ 15 ,000.00) may receive a refund of the payment from the retirement system upon receipt and approval of a proper request by the Board of Trustees. ’ ’, and renumber subsequent Sections and amending the Title to conform, which amendment was declared adopted.

Senator Dennis moved that HB 1153 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Luton, McDaniel, McIntyre, O’Connor, Randle, Roberts, Rozell, Schuelein, Shed- rick, Stipe, Taliaferro, Taylor, Terrill, York and Young.—34.

Nay: Giles, Green, Leonard, McCune, Pierce, Rhodes, Smith, Watson and Wright.—9.

Excused: Ford, Miller, Moore, Porter and Winn.—5.




HAs to SB 177 were rejected upon motion of Senator O’Connor, Conference requested, and said bill referred to Special Conference Committee on Retirement Laws.



HB 1221 (2nd CCR)

CHANGE INCOMMITTEE ASSIGNMENT

Senator Combs asked unanimous consent to withdraw SB 197 from the Finance Committee and refer same to the Natural Resources Committee, which was the order.


Advising naming of House Conferees on Engrossed Senate Bills as follows:

SB 97 — Littlefield, Sanders and Fitzgib- bon.

SB 320 — Harbin, Haney and Deathe- rage.


Advising Conference granted on Engrossed SB 230, and naming House Conferees as follows: Thompson, Glover and Anderson.

Fifty-sixth Legislative Day, Monday, April 25, 1983 527

GENERAL ORDER

SR 20 by Stipe, et al, of the Senate was called up for consideration.

Senator Howell moved to amend SR 20, Page 3, Lines 5, 6, and 7 by deleting said paragraph.

Senator Stipe moved to table the Howell amendment to SR 20, which motion to table was declared failed of adoption upon a division of the question.

Senator Howell pressed his motion to adopt his amendment to SR 20, which amendment was delated adopted.

Senator Pierce moved to amend SR 20, Page 3, Line 10'/2, by adding a new paragraph as follows: “ THAT this resolution shall become effective May 1, 1983.” , which amendment was declared adopted upon motion of Senator Stipe.

SR 20 was adopted upon motion of Senator Stipe and referred for enrollment upon roll call as follows:

Aye: Boatner, Branch, Capps, Cate, Clifton, Dahl, Dennis, Ford, Giles, Hopkins, Howell, Johnson, Lamb, Landis, Luton, McIntyre, Porter, Randle, Roberts, Rozell, Schuelein, Stipe, Taliaferro, Taylor, Winn, York and Young.—27.

Nay: Cain, Choate, Cullison, Dawson, Green, Keller, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Shedrick, Smith, Terrill, Watson and Wright.— 17.

Excused: Combs, Kilpatrick, McDaniel and Miller.—4.UNANIMOUS CONSENT REQUEST — DIRECT TO CALENDAR

Senator M cCune asked unanimous consent to suspend Rule 5-4 to refer H C R 1009

direct to the Calendar for consideration on this date, which was the order.

GENERAL ORDER

HCR 1009 by Kincheloe of the House and McCune of the Senate was called up for consideration.

HCR 1009 was adopted upon motion of Senator McCune, and ordered withheld.

GENERAL ORDER

HB 1282 by Sherrer of the House and Capps of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison. Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Moore, O ’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—45.

Excused: McDaniel, Miller andYork.—3.

The bill passed.


528 Senate Journal

GENERAL ORDER

HB 1306 by Reimer and Widener of the House and Taylor of the Senate was called up for consideration.

Senator Taylor moved that HB 1306 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—45.

Excused: McDaniel, Miller andYork.— 3.




HAs to SB 311 were rejected upon motion of Senator Ford, Conference requested, and Senate Conferees appointed as follows: Senators Ford, Giles and Leonard.


The CCR on HB 1305 was adopted upon motion of Senator Rozell.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton. Mc- Cune, McDaniel, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—45.

Excused: McIntyre, Miller and York.—3.







Advising concurrence in SAs to and passage of Engrossed HBs 1040, 1163, 1271 and 1275, as amended.GENERAL ORDER

HB 1422 by Lewis of the House and Wright and Johnson of the Senate was called up for consideration.

Senior Roberts moved to amend HB 1422, Page 5, Line 9, by striking after the word “ guards” and before the word “ , shall” all language and inserting after the word ‘ ‘qualifications” the following: “ except for those employed on the effective date of this act.”


Senator Johnson asked unanimous consent that HB 1422, with the Roberts amendment be laid over for this legislative day, which was the order.

Senator Boatner presiding.

GENERAL ORDER

HB 1312 by Harris of the House and Roberts of the Senate was called up for consideration.


THIRD READING



Aye: Branch, Cain, Cate, Choate, Clifton, Combs, Dawson, Dennis, Ford, Howell, Keller, Kilpatrick, Leonard, Luton, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taylor, Winn and Wright.—24.

Nay: Boatner, Capps, Cullison, Dahl, Giles, Green, Lamb, Landis, McCune, McDaniel, McIntyre, O ’Connor, Pierce, Porter, Taliaferro, Terrill, Watson and Young.— 18.

Excused: Hopkins, Johnson, Miller, Moore, Smith and York.— 6.

The bill failed.

GENERAL ORDER

HB 1025 by Shurden of the House and Winn of the Senate was called up for consideration.


THIRD READING



Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—40.

Nay: Boatner, Dawson and Keller.— 3.

Excused: Johnson, Miller, Moore, Smith and York.—5.

The bill passed.



The 2nd CCR on HB 1221 was adopted upon motion of Senator Giles.



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, O’Connor, Pierce, Randle, Rhodes, Rob

530 Senate Journal

erts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—39.

Excused: Choate, Johnson, McIntyre, Miller, Moore, Porter, Smith, York and Young.—9.



Pursuant to Rule 12-24 Senator Giles moved that the vote be reconsidered whereby HB 1221 and the Emergency passed.


Senator Shedrick moved that the vote be reconsidered whereby HB 1350 and the emergency passed, which motion was tabled upon motion of Senator Howell upon roll call as follows;

Aye: Boatner, Cain, Capps, Cate, Clifton, Combs, Dennis, Ford, Giles, Green, Howell, Landis, McCune, Pierce, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson and Winn.—23.

Nay; Branch, Choate, Cullison, Dahl, Dawson, Hopkins, Keller, Lamb, Leonard, Luton, McDaniel, O’Connor, Randle, Rhodes, Roberts, Stipe, Wright and Young.— 18.

Excused: Johnson, Kilpatrick, McIntyre, Miller, Moore, Porter and York.—7.


UNANIMOUS CONSENT REQUEST — SUSPEND JOINT RULE

Senator Randle asked unanimous consent to suspend Joint Rule 17(a) as it relates to all bills in Appropriations Committee to extend that deadline two weeks, which was the order.


Advising rejection of SAs to Engrossed HBs 1028, 1140 and 1151, requesting Conference and naming Conferees at a later date.

SECOND READING



FIRST READING


SJR 27 — By Cate.A joint resolution directing the Secretary

of State to refer to the people for their approval or rejection a proposed amendment to the Oklahoma Constitution by adding a new section to Article X to be designated as Section 23b; authorizing the Governor to declare an economic emergency during times of revenue decline to the state and reduce salaries or wages of all state employees; providing ballot title; and directing filing.

SCR 13 — By Howell.A concurrent resolution memorializing

the United States Congress to reject S. 598, 98th Congress, 1st Session, and any similar proposals favoring the granting of federal income tax credits for tuition paid to nonpublic schools; and directing distribution.

COMMITTEE REPORTS



CS for HB 1079 — Judiciary.C SforH B 1104 — Transportation, co


authored by Boatner (principal Senate author).

CS for HB 1141 — Judiciary, coauthored by Clifton of the Senate.

CS for HB 1187 — Judiciary, coauthored by Smith (principal Senate author).

HB 1189 — Transportation.HB 1317 — Transportation, coauthored

by Rhodes of the Senate.



Thompson, Ms. Kirstin D ., Philip Morris, Inc.

The following lobbyist registration has been terminated:

Hicks, Robert L., representing Oklahoma Gas and Electric Company, deceased, April 22, 1983.BILLS RELEASED


HB 1282 and HCR 1009 were properly signed and ordered returned to the Honorable House.

HB 1305, together with the CCR, was properly signed and ordered returned to the Honorable House.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Tuesday, April 26,1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 4:35 p.m. to meet Tuesday, April 26, 1983, at 1:30 p.m.

Fifty-seventh Legislative DayTuesday, April 26,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.



The prayer was offered by Reverend Smith, the guest of Senator Miller.


Senator Winn introduced the coach and players of the girl’s basketball team from Thomas, winners of the state Class A Championship and asked unanimous consent that they be granted privileges of the floor to receive a Citation from the Senate, which was the order.



Aye: Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—39.

Excused: Boatner, Cate, Ford, Keller, Kilpatrick, McIntyre, Porter, York and Young.—9.


HBs 1025, 1153, 1281, 1306 and 1350were each correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.


534 Senate Journal


Advising fourth reading of and transmitting for signature Enrolled HBs 1040, 1163, 1271, 1275, 1282 and 1305.





MESSAGE FROM THE HOUSEAdvising Conference granted on En

grossed SB 311, and naming House Conferees as follows: Rogers, Morgan and Holden.


Senator Giles moved that the vote be reconsidered whereby HB 1221 and the emergency passed, which motion was tabled upon motion of Senator Taliaferro.

HB 1221, together with the 2nd CCR, was properly signed and ordered returned to the Honorable House.

GENERAL ORDER

HB 1158 by Haney and Johnson (Glen) of the House and McDaniel of the Senate was called up for consideration.


THIRD READING

H B 1158 was read for the third tim e atlength.


Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Smith, Stipe, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.

Excused: Boatner, Keller, McIntyre, Porter and Taliaferro.—5.

The bill passed.


GENERAL ORDER

HB 1083 by Murphy, et al, of the House and Dennis of the Senate was called up for consideration.

Senator Dennis moved that HB 1083 be advanced, which motion was declared adopted.THIRD READING



Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 44.

Excused: Boatner, Keller, McIntyre and Porter.—4.

Fifty-seventh Legislative Day, Tuesday, April 26, 1983 535



GENERAL ORDER

HB 1118 by Thompson of the House and Dennis of the Senate was called up for consideration.

Senator Howell moved to amend HB 1118, Page 3, Lines 7 through 12, by striking after the word “ corporations,” and before the word “ shall” on Line 12 all new language and reinstating the word “ and” on Line 7, which amendment was declared adopted upon roll call as follows:

Aye: Cain, Cate, Choate, Clifton, Combs, Ford, Hopkins, Howell, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, Moore, O’Connor, Pierce, Randle, Rhodes, Rozell, Schuelein, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—30.

Nay: Branch, Capps, Cullison, Dahl, Dawson, Dennis, Green, Johnson, Landis, Miller, Roberts, Shedrick, Stipe and Winn.— 14.

Excused: Boatner, Giles, McIntyre and Porter.—4.

Senator Dennis moved that HB 1118 be advanced, which motion was declared adopted.THIRD READING



Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis,

Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 43.

Excused: Boatner, Giles, McIntyre, Porter and Shedrick.—5.

The bill passed.




SB 274, coauthored by Twidwell and Koppel of the House.

SB 286.

GENERAL ORDER

HB 1081 by Koppel, et al, of the House and Leonard of the Senate was called up for consideration.

Senator Leonard moved that HB 1081 be advanced, which motion was declared adopted.THIRD READING



Aye: Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 43.

536 Senate Journal

Excused: Boatner, Cate, Giles, Meintyre and Porter.—5.

The bill passed.


GENERAL ORDER

HB 1167 by McCorkell of the House and Cain of the Senate was called up for eonsideration.

Senator Cain moved that HB 1167 be advanced, whieh motion was declared adopted.

THIRD READING



Aye: Cain, Capps, Cate, Choate, Clifton, Combs, Dawson, Dennis, Ford, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Schuelein, Stipe, Taliaferro, Taylor, Watson and York.—28.

Nay: Branch, Cullison, Dahl, Giles, Green, Hopkins, Landis, Luton, Rhodes, Roberts, Rozell, Smith, Terrill, Winn, Wright and Young.— 16.

Excused: Boatner, McIntyre, Porter and Shedrick.— 4.

The bill passed.



Advising adoption of and returning Engrossed SCR 6.


GENERAL ORDER

HB 1422, considered on Page 528, was called up for eonsideration.

Senator Roberts asked unanimous consent, which was granted, that his amendment to HB 1422, shown on Page 528, be withdrawn.

Senator Wright moved that HB 1422 be advanced, which motion was declared adopted.

THIRD READING



Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—42.

Excused: Boatner, Meintyre, Moore, Porter, Shedrick and Stipe.—6.

The bill passed.



Advising concurrence in SAs to and passage of Engrossed HBs 1014 and 1318, as amended.MESSAGE FROM THE HOUSE

Advising rejeetion of SAs to Engrossed HB 1106, requesting Conference and naming Conferees as follows: Glover, Hooper and Thompson.


GENERAL ORDER

HB 1338 by Widener of the House and Winn of the Senate was called up for eonsideration.

Senator Winn moved to amend HB 1338, Page 7, Line 5, by deleting after the word “ Section” and before the word “ of” the figure “ 5” and inserting in lieu thereof the figure “ 6” and on Page 7, Line 16, by deleting after the word “ Section” and before the word “ of” the figure ” 5” and inserting in lieu thereof the figure “ 6” , which amendment was declared adopted.

Senator Winn moved that HB 1338 be advanced, which motion was declared adopted.THIRD READING



Aye: Boatner, Braneh, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Sehuelein, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.— 36.

Nay: Cain, Choate, Dawson, Green, Johnson, Leonard, McCune and Terrill.— 8.

Excused: Ford, Luton, Porter and Shed- riek.—4.

The bill passed.


GENERAL ORDER

HB 1150 considered on page 505, was called up for consideration.

Senators Johnson and Cate asked to coauthor HB 1150, which was the order.

Senator Roberts moved to amend HB 1150, Page 2, Line 11, by striking subseetion B and insert a new subseetion B as follows:

“ B. Any agent or inspector duly appointed as provided in the preceding seetion, shall be authorized to arrest violators for offenses against laws of this state committed in the presence of said agents or inspectors, and further upon the request of a sheriff or another peace officer of this state or any political subdivision thereof assist in apprehension and arrest of a violator or suspected violator of the laws of this state.” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, MeCune, Miller, Moore, O’Connor, Randle, Rhodes, Roberts, Rozell, Sehuelein, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—40.

Nay: Howell, MeDaniel and Terrill.—3.

Exeused: Luton, McIntyre, Pierce, Porter and Shedrick.—5.

The bill passed.

H B 1150 was referred for engrossm ent.

538 Senate Journal


Advising naming of House Conferees on Engrossed HB, as follows:

HB 1028 — Mentzer, Duke and Lewis.


Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HBs was ordered granted. President Pro Tempore York appointing as Senate Conferees the following:

HB 1028 — Taliaferro, Branch and Kilpatrick

HB 1140 — Howell, Shedrick and Combs

HB 1151 — Howell, Shedrick and Kilpatrick

HB 1106 — Capps, Taliaferro and Dennis


HAs to SB 286 were rejected upon motion - of Senator Cate, Conference requested, and Senate Conferees appointed as follows: Senators Cate, Johnson and McDaniel.

GENERAL ORDER

HB 1299 by Hooper of the House and Howell of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 45.

Excused: McIntyre, Porter and Shedrick.—3.

The bill passed.



HAs to SB 274 were rejected upon motion of Senator McDaniel, Conference requested, and Senate Conferees appointed as follows: Senators McDaniel, Cate and Combs.


HAs to SB 195 were concurred in upon motion of Senator Wright.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Excused: Porter and Shedrick.—2.



House admendments were properly signed and the above-numbered bill was referred for enrollment.

DECLARATION OF VOTE

Senator Boatner asked that the record reflect had he been present at the time of Third Reading he would have voted “ Aye” on HBs 1081,1083,1118 and 1158 and “ Nay” on HB 1167, which was the order.GENERAL ORDER

SB 296 by Boatner of the Senate and Harbin of the House was called up for consideration.


Senator Boatner moved that SB 296 be advanced, which motion was declared adopted.THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—44.

Nay: Johnson.— 1.

Excused: Porter, Shedrick and York.—3.




HAs to SB 182 were concurred in upon motion of Senator Clifton.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—45.

Excused: Porter, Stipe and York.—3.

The bill passed.

House amendments were properly signed and the above-numbered bill was referred for enrollment.MESSAGE FROM THE HOUSE

Advising passage of and returning Engrossed SB 15, coauthored by Duckett, Clark and Anderson of the House.

The above numbered bill was referred for enrollment.

COMMITTEE REPORTS


DO PASS:

HB 1200 — Appropriations.HB 1262 — Appropriations.HB 1307 — Appropriations.

540 Senate Journal


HB 1043 — Appropriations.HB 1045 — Appropriations.CS for HB 1050 — Appropriations.HB 1051 — Appropriations.HB 1052 — Appropriations.HB 1055 — Appropriations.HB 1057 — Appropriations.HB 1058 — Appropriations.HB 1059 — Appropriations.HB 1060 — Appropriations.HB 1061 — Appropriations.

SECOND READING


SJR 27 ~ PolicySCR 13 — Education


Advising passage of and transmitting for consideration Engrossed HJR 1023.

HJR 1023 — By Draper of the House and York of the Senate.

A joint resolution relating to the Department of Human Services; amending Section 3 of Enrolled House Joint Resolution No. 1015 of the First Session of the Thirty-Ninth Oklahoma Legislature; directing the Insurance Commissioner to transfer certain monies to the Human Services Fund on certain dates; providing for payment of certain monies back to Insurance Commissioner’s Protest Fund; authorizing and directing the Department of Human Services to take certain cost-saving measures; authorizing the closing of certain institutions; reducing personnel costs by attrition and reduction in force; reducing the number of construction personnel and transfer to State Board of Public Affairs; providing procedures for sale and disposal of real property; authorizing the termination of farming activities at Department institutions; authorizing the disposal of per

sonal property; authorizing the disposal of meat packing plant; authorizing the implementation of a prospective rate for payment of inpatient hospital services; authorizing the elimination of intermediate care facility — specialized services; adjusting the rate for outpatient hospital services; authorizing the freezing of the rate of payment for physician services; authorizing the payment of a judgment; limiting the activities at Lake Tenkiller Recreation Center; exempting certain section from emergency; repealing Enrolled House Resolution No. 1007 and Enrolled Senate Resolution No. 3 of the 1st Session of the 39th Oklahoma Legislature; providing severability; and declaring an emergency.




HCR 1007 — By Baker, Hobson, Craighead and Hamilton of the House and Porter of the Senate.

A concurrent resolution urging the State Department of Health to pursue certain duties; requesting certain action by the Governor and the State Department of Health; and directing distribution.



Advising approval by him, April 26, 1983, of Enrolled SBs 88,119,128 and 292.

Advising veto of SB 187 on April 26, 1983. The veto message reads as follows:

To the President and Members of the Honorable Senate First Session, Thirty-ninth Oklahoma Legislature


I have vetoed enrolled Senate Bill No. 187 — By Stipe of the Senate and Anderson and Stottlemyre of the House.

An act relating to cities and towns: *** which relates to political activities by municipal employees; removing superseding provisions of certain federal statutes or municipal charters; and declaring an emergency.

I have vetoed Senate Bill No. 187 for the reason that deletion of the provision excepting superseding federal statutes as to political activity of municipal employees places municipal officials in the position of either violating state law, or having to decline federal grants for needed municipal projects.

A condition of many, if not all, federal grants is that the grantee will comply with the provisions of the Hatch Act which limits the political activity of employees — the amendment provided in Senate Bill No. 187 is not compatible with the Hatch Act and necessary certification by municipal grant recipients.

I support the concept of SB 187 as originally introduced, and signed similar legislation in 1981 placing all municipalities of less than 100 thousand persons under the same type of provisions contained in SB 187.

I agree that all municipal employees should be treated the same and would sign legislation with these provisions which did not include the problems stated in paragraphs two and three of this message. The Legislature should address the question of all municipal employees being treated equally in another bill as early as possible.

For these reasons. Bill No. 187.

I have vetoed Senate

By the Governor of the State of Oklahoma

/s/ George Nigh

BILLS RELEASED

HBs 1081, 1083, 1158, 1167 and 1299were properly signed and ordered returned to the Honorable House.



Fifty-eighth Legisiative DayWednesday, April 27,1983


Roll Call;

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.

Excused: Landis.— 1.



INTRODUCTION

Senator Luton introduced his grandson, Adam Forrest Luton, to the Senate and asked unanimous consent that young Adam be granted privileges of the floor and named honorary Floor Leader for this legislative day, which was the order.



Sue Beall, Duncan, as a member to the Consumer Credit Commission, to serve a term of five years ending January 1, 1988, and effective upon Senate confirmation. Mrs. Beall will succeed herself.

Grace Hudlin, Hulbert, as a member to the State Election Board, to serve a term of four years ending March 1, 1986, and effective upon Senate confirmation.^Ms. Hudlin will succeed herself. ^

Charles Sarratt, Edmond, as a member to the Board of Regents of the University of Oklahoma, to serve a seven year term ending March 21, 1990, and effective upon Senate confirmation. Mr. Sarratt will succeed Charles Engleman.

D.M. “ Soc” Sokolosky, Owasso, as a member to the Board of Regents of Rogers State College, to serve an unexpired five year term ending June 30, 1987, and effective upon Senate confirmation. D.M. Sokolosky will succeed Nadine Smith (deceased).

544 Senate Journal

Randall Spears, Ardmore, as a member to the Alcoholic Beverage Control Board, to serve a term of seven years ending June 23, 1989, and effective upon Senate confirmation. Randall Spears will succeed himself.

Clare B. Wright, Stroud, as a member to the State Board of Education, to serve a six year term ending April 1,1989, and effective upon Senate confirmation. Mr. Wright will succeed himself.



HBs 1118, 1150, 1338 and 1422 were each correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.




Advising fourth reading of and transmitting for signature Enrolled HBs 1014,1081, 1083, 1158, 1167, 1221, 1299 and 1318.


GENERAL ORDER

HB 1413 by Hooper of the House and Shedrick of the Senate was called up for consideration.

Senator Shedrick moved that HB 1413 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schue- lein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson and Wright.—42.

Excused: Clifton, Keller, Landis, Winn, York and Young.—6.





SB 174.SB 267, coauthored by Draper of the

House.

GENERAL ORDER

HB 1331 by Riggs of the House and Hopkins of the Senate was called up for consideration.

Senator Hopkins m oved that H B 1331 beadvanced, which m otion was declaredadopted.

Fifty-eighth Legislative Day, Wednesday, April 27, 1983 545

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—39.

Nay: Dawson, Leonard, Schuelein and Young.—4.

Excused: Clifton, Keller, Landis and Y o r k .^ .

*Not Voting: Smith.— 1.

*Senator Smith asked to be shown not voting on HB 1331 for reason of personal interest, as provided in Article V, Section 24, Oklahoma Constitution.



GENERAL ORDER

HB 1320 by Harbin of the House and Stipe of the Senate was called up for consideration.


THIRD READING

H B 1320 was read for the third tim e atlength.


Aye: Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Leonard, Luton, McIntyre, Miller, O’Connor, Porter, Rhodes, Roberts, Rozell, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—36.

Nay: Dawson, McCune, Moore. Pierce and Schuelein.—5.

Excused: Boatner, Clifton, Keller, Landis, McDaniel, Randle and York.—7.



GENERAL ORDER

HB 1021 by Sanders of the House and Combs of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch. Cain, Capps, Cate, Choate, Combs. Cullison, Dahl. Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel. McIntyre, Miller, Moore, O’Connor. Pierce. Porter, Randle, Rhodes, Roberts. Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn. Wright and Young.-

546 Senate Journal

Excused: Clifton, Keller, Landis and Y o rk .-^ .



GENERAL ORDER

HB 1380 by Draper of the House and Combs of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright and Young.—42.

Excused: Clifton, Giles, Keller, Landis, Winn and York.—6.




GENERAL ORDER

HJR 1017 by Ross and Davis (Frank) of the House and Porter and McIntyre of the Senate was called up for consideration.

Senator Dawson asked to coauthor HJR 1017, which was the order.

Senator Porter moved that HJR 1017 be advanced, which motion was declared adopted.THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Clifton, Keller and Landis.—3.


HJR 1017 was ordered withheld.

GENERAL ORDER

HJR 1002 by Cox of the House and Porter and McIntyre of the Senate was called up for consideration.

Senator Howell moved to amend HJR 1002, Page 2, Line 17, by adding after the word “ employee” and before the word “ This” a new sentence: “ The foregoing shall not apply to students or others employed during summer months as temporary employees.” , which amendment was declared adopted.

Senator Porter m oved that H JR 1002 beadvanced, w hich m otion was declaredadopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 45.

Excused: Clifton, Keller and Landis.—3.



GENERAL ORDER

HB 1144 by Widener and Reimer of the House and Taylor and Winn of the Senate was called up for consideration.

Senator Winn moved to amend HB 1144, Page 14, Line 14, by deleting after the word “ of” and before the period on Line 15 the words: “ the prepaid fund” and inserting in lieu thereof the language: “ funds collected pursuant to contracts for prepaid funeral benefits” and by deleting on Page 15, Lines 1 and 2 after the word “ each” on Line 1 and before the words “ and the location” on Line 2 the words “ prepaid fund” and inserting in lieu thereof the language: “ prepaid funeral benefits fund” , which amendment was declared adopted.

Senator Taylor m oved that H B 1144 beadvanced, w hich m otion was declaredadopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Excused: Clifton and Landis.—2.



GENERAL ORDER

HB 1176, considered on page 515, was called up for consideration.

Senator Cate moved to amend HB 1176, Page 1, by crippling the Title, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell,

548 Senate Journal

Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schue- lein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Choate, Clifton, Ford and Landis.-

The bill passed.



Advising passage of and returning Engrossed SB '76.


GENERAL ORDER

HB 1119 by Morgan, et al, of the House and Dawson and Green of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Clifton, Ford and Landis.—3.

The bill passed.



Advising rejection of SAs to Engrossed HB 1350, requesting Conference and naming Conferees as follows: Lewis, Thompson and Gray.

GENERAL ORDER

HB 1251 by Morgan, et al, of the House and Dawson and Green of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.

Excused: Clifton, Ford, Landis, Randle and Shedrick.—5.

The bill passed.



GENERAL ORDER

HB 1204 by Lawter of the House and Luton of the Senate was called up for consideration.

Senator Luton moved that HB 1204 be advanced, which motion was declared adopted.

THIRD READING

Senator Luton asked unanimous consent that HB 1204 be laid over for this legislative day, which was the order.


HAS to SB 267 were rejected upon motion of Senator Shedrick, Conference requested, and Senate Conferees appointed as follows: Senators Shedrick, McDaniel and Dahl.


Advising Conference granted on Engrossed SB 274, and naming House Conferees as follows: Twidwell, Davis (Frank) and Willis.

GENERAL ORDER

HB 1395 by Lewis, et al, of the House and Wright and Johnson of the Senate was called up for consideration.

Senators Terrill and Cain asked to coauthor HB 1395, which was the order.


THIRD READING


On the question o f passage o f the b ill, theroll call resulted as follow s:

Aye: Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.

Nay: Boatner.— 1.

Excused: Cate, Clifton, Landis and Shedrick.—4.

The bill passed.

HB 1395 was ordered withheld.MESSAGE FROM THE HOUSE CONFERENCE COMMITTEE REPORT


HB 1173.

UNANIMOUS CONSENT REQUESTS TO SUSPEND RULES

Senator York asked unanimous consent to suspend Joint Rule 17(a) as it relates to HJR 1023, which was the order.

Senator York asked unanimous consent to suspend Senate Rule 5-4 and when HJR 1023 is read the second time it be referred direct to the Calendar, which was the order.


Advising concurrence in SAs to and passage of Engrossed HB 1281 as amended.MESSAGE FROM THE HOUSE


550 Senate Journal

UNANIMOUS CONSENT REQUEST — SUSPEND JOINT RULE

Senator York asked unanimous consent to suspend Joint Rule 17(a) to allow consideration of SB 327 this legislative session, which was the order.

BILL WITHDRAWN —REFERRED

Senator York asked unanimous consent to withdraw SB 327 from the Appropriations Committee and refer same direct to the Calendar, which was the order.

GENERAL ORDER

HB 1210 by Holden of the House and Winn of the Senate was called up for consideration.

Senator Winn moved to amend HB 1210, Page 12, Line 15, by deleting after the word ‘ ‘ benefit. ” and before the period on Page 13, Line 1, the following language: “ The prohibition contained in this section shall not apply to the ownership of stock of an insurance agency by or as, a publicly held or owned corporation or association.” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Por

ter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—43.

Excused: Cate, Clifton, Landis, York and Young.—5.




Advising that the House of Representatives, by unanimous consent, has voted to suspend the provisions of Joint Rule 17 (a) as they relate to all measures in House Appropriations and Budget Committee.

Advising that the House of Representatives, by unanimous consent, has voted to suspend the provisions of Joint Rule 17 (a) as they relate to SB 296.

SECOND READING


HJR 1023 — Direct to CalendarHCR 1007 — Human Resources

COMMITTEE REPORTS


DO PASS:

HB 1142 — General Government, coauthored by Clifton (principal Senate author).

HB 1184 — General Government.HB 1263 — General Government.HCR 1006 — General Government, co

authored by Smith (principal Senate author) and Roberts of the Senate.



CS for HB 1117 — Policy, coauthored by McDaniel of the Senate.

CS for HB 1123 — Finance.CS for HB 1146 — Judiciary.CS for HB 1248 — Finance, coauthored

by Landis (principal Senate author).CS for HB 1265 — Finance.HB 1302 — General Government, coau

thored by Dahl (principal Senate author).HB 1314 — Finance, coauthored by Mc

Cune (principal Senate author).

BILLS RELEASED

HBs 1021,1119,1320 and 1395 and HJR 1017 were properly signed and ordered returned to the Honorable House.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Thursday, April 28, 1983, at 11:00 a.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 2:40 p. m. to meet Thursday, April 28, 1983, at 11:00 a.m.

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Fifty-ninth Legisiative DayThursday, April 28,1983


Roll Call:

Present: Boatner. Branch, Cain, Capps, Cate, Choate, Combs, Cullison. Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Wright, York and Young.—44.

Excused: Clifton, Keller, Taliaferro and Winn.—4.




Senator Miller moved the adoption of the Committee Report on Executive Nominations, shown on Pages 543 and 544, which

motion was declared adopted, the roll call thereon being as follows:

Aye: Boatner, Branch, Cain. Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis. Ford, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb. Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce. Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Terrill, Watson, Wright, York and Young.—38.

Excused: Clifton, Giles, Keller, McIntyre, Porter, Smith, Stipe, Taliaferro, Taylor and Winn.— 10.


Advising fourth reading of and returning Enrolled SB 15, 182 and 195.





554 Senate Journal


HBs 1144, 1176, 1210, 1251, 1331, 1380, 1413 and HJR 1002 were each correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.



Advising fourth reading of and transmitting for signature Enrolled HBs 1021,1119, 1281, 1320, 1395 and HJR 1017.

The above numbered Enrolled HBs and HJR were, after fourth reading, properly signed and ordered returned to the Honorable House.


Advising concurrence in SAs to and passage of Engrossed HBs 1136, 1150, 1338 and 1422, as amended.


Advising rejection of SAs to Engrossed HB 1118, requesting Conference and naming Conferees as follows: Thompson, Vanat- ta and Joiner.


Advising Conference granted on Engrossed SB 286, and naming House Conferees as follows: Hobson, Lewis and Twid- well.MESSAGE FROM THE HOUSE

Advising passage of and returning Engrossed SB 94, coauthored by Graves and Whorton of the House, SB 104 and SB 198.


GENERAL ORDER

HJR 1023 by Draper of the House and York of the Senate was called up for consideration.

Senator Luton asked to be made a coauthor of HJR 1023, which was the order.

Senator York moved to amend HJR 1023, Page 1, by striking the Title, the entire resolution and the Resolving Clause and substituting the following:

“ A joint resolution relating to the Department of Human Services; amending Section 3 of Enrolled House Joint Resolution No. 1015 of the First Session of the Thirty-ninth Oklahoma Legislature; directing the Insurance Commissioner to transfer certain monies to the Human Services Fund on certain dates; providing for payment of certain monies back to Insurance Commissioner’s Protest Fund; authorizing and directing the Department of Human Services to take certain cost-saving measures; superceding Enrolled House Resolution No. 1007 and Enrolled Senate Resolution No. 12 of the 1st Session of the 39th Oklahoma Legislature; providing severability; and declaring an emergency.

WHEREAS, the Department of Human Services has experienced a failure in revenues, and funds available to the Department are insufficient to meet its obligations under current law; and

WHEREAS, the Oklahoma Legislature has advanced the Department of Human Services the sum of Twenty-nine Million Dollars ($29,000,000.00), from the Insurance Commissioner’s Protest Fund for the fiscal year ending June 30, 1984; and

WHEREAS, the Department of Human Services has undertaken to reduce costs without cutting vital services; and

Fifty-ninth Legislative Day, Thursday, April 28, 1983 555

WHEREAS, the Legislature finds it necessary to approve or authorize cost-saving measures to assist the Department of Human Services in its efforts to reduce expenditures for the fiscal year ending June 30, 1984.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 1ST SESSION OF THE 39TH OKLAHOMA LEGISLATURE:

SECTION 1. On the effective date of this resolution, the Insurance Commissioner shall transfer the sum of Nine Million Dollars ($9,000,000.00), from the Insurance Commissioner’s Protest Fund for deposit to the Human Services Fund of the State Treasury. Said monies hereby authorized for transfer are from the monies originally authorized for transfer by Section 2 of Enrolled House Joint Resolution No. 1015 of the First Session of the Thirty-ninth Oklahoma Legislature and shall be expended pursuant to the provisions of Chapter 353, O.S.L. 1982.

SECTION 2. On June 1, 1983, the Insurance Commissioner shall transfer the sum of Nine Million Dollars ($9,000,000.00), from the Insurance Commissioner’s Protest Fund for deposit to the Human Services Fund of the State Treasury. Said monies hereby authorized for transfer are from the monies originally authorized for transfer by Section 2 of Enrolled House Joint Resolution No. 1015 of the First Session of the Thirty-ninth Oklahoma Legislature and shall be expended pursuant to the provisions of Chapter 353, O.S.L. 1982.

SECTION 3. Of the Twenty-nine Million Dollars ($29,000,000.00), originally authorized to be transferred by the Insurance Commissioner to the Human Services Fund of the State Treasury by Section 2 of Enrolled House Joint Resolution No. 1015 of the First Session of the Thirty-ninth Oklahoma Legislature, the sum of Eleven Million Dollars ($11,000,000.00), shall be transferred by

the Insurance Commissioner for deposit to the Human Services Fund on June 25, 1983.

SECTION 4. Section 3 of Enrolled House Joint Resolution No. 1015 of the First Session of the Thirty-ninth Oklahoma Legislature is amended to read as follows:

Section 3. Beginning [December] FEBRUARY 1, [1983] 1984, and at the beginning of each of each of the following eleven (11) months, the Department of Human Services shall pay the sum of Three Million Dollars ($3,000,000.00) from any monies available in the Human Services Fund to the Insurance Commissioner’s Protest Fund.

SECTION 5. The Department of Human Services is directed to make further reductions in costs, as necessary, specifically as to duplication of administrative costs at all levels in the department, and to reduce expenditures to levels provided by legislative appropriations and/or levels of actual revenues received, consistent with the statutory and constitutional authority of the Department of Human Services and the Oklahoma Public Welfare Commission. Provided, however, no institutions shall be closed by the Department without legislative approval.

SECTION 6. This resolution supercedes Enrolled House Resolution No. 1007 and Enrolled Senate Resolution No. 12 of the First Session of the Thirty-ninth Oklahoma Legislature.

SECTION 7. The provisions of this act are severable and if any part or provision shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.


556 Senate Journal

Senator York moved to amend H JR 1023, Page 2, Line 12, by striking Section 2 and renumbering subsequent sections; and on Page 2, Line 24, by changing “ Eleven Million Dollars ($11,000,000.00)” to read “ Twenty Million Dollars ($20,000,000.00)” , which amendment was declared adopted.

Senator Pierce moved to amend HJR 1023, Page 3, Lines 1 through 9, by deleting all of Section 5.

Senator Ford moved to amend HJR 1023 as a substitute amendment to the Pierce amendment on Page 3, Lines 7, 8 and 9 by striking the sentence starting with the word “ Provided” .

The Ford substitute amendment was tabled upon motion of Senator Roberts, the roll call being as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Luton, McDaniel, McIntyre, Miller, Randle, Roberts, Ro- zell, Schuelein, Shedrick, Stipe, Taylor, Terrill, Watson, York and Young.—32.

Nay: Choate, Ford, Green, Leonard, Mc- Cune, Moore, O’Connor, Pierce, Rhodes, Smith and Wright.— 11.

Excused: Clifton, Keller, Porter, Taliaferro and Winn.—5.

Senator Pierce pressed his motion to adopt his amendment to HJR 1023.

Senator Boatner moved to advance HJR 1023.

The Presiding Officer ruled the Boatner motion to advance a prior motion.

The motion to advance HJR 1023 was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taylor, Terrill, Watson, Wright, York and Young.— 42.


Excused: Clifton, Keller, Taliaferro and Winn.








SB 5, coauthored by Boyd of the House. SB 99.SB 137.SB 141, coauthored by Cotner, Atkinson,

Kincheloe and Henshaw of the House.SB 206.

Fifty-ninth Legislative Day, Thursday, April 28, 1983 557



SB 311.


HJR 1023 was correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.

UNANIMOUS CONSENT REQUEST TO INTRODUCE A RESOLUTION

Senator Porter asked unanimous consent to suspend Rule 5-5 to introduce SR 21, which was the order.

FIRST READING

The following was introduced and read the first time.

SR 21 — By Porter and McIntyre.A resolution praising LeRoy Combs; ex

pressing hope for continued success; and directing distribution.

COMMITTEE REPORTS


DO PASS:

SR 13 — Judiciary.HB 1027 — Policy.HB 1108 — Business and Labor.HB 1116 — Judiciary, coauthored by

Clifton (principal Senate author).HB 1224 — Judiciary, coauthored by

Dennis (principal Senate author).HB 1286 — Education, coauthored by

Capps and Ford of the Senate.HB 1321 — Law Enforcement.HB 1335 — Law Enforcement, coau

thored by Johnson (principal Senate author).HB 1337 — Judiciary.HB 1360 — Judiciary.HB 1396 — Judiciary, coauthored by

Taylor (principal Senate author).HJR 1010 — Finance, coauthored by

Green of the Senate.HCR 1005 — Education, coauthored by

Shedrick of the Senate.


CS for HB 1016 — Law Enforcement.CSfor HB 1129 — Finance.HB 1134 — Law Enforcement, coau

thored by Branch and Howell of the Senate.HB 1138 — Finance.HB 1156 — Judiciary.HB 1174 — Business and Labor.HB 1186 — Business and Labor.HB 1199— Business and Labor, coau

thored by Abbott of the House.CS for HB 1212 — General Govern

ment.CS for HB 1223 — Business and Labor.HB 1227 — Judiciary, coauthored by

Taylor (principal Senate author) and Cain of the Senate.

CS for HB 1231 — Business and Labor, coauthored by Leonard (principal Senate author) and Combs of the Senate.

CS for HB 1245 — Business and Labor.HB 1257 — Judiciary, coauthored by

Smith (principal Senate author).HB 1292 — Judiciary.HB 1334 — Judiciary, coauthored by

McIntyre (principal Senate author).HB 1399 — Education.HB 1404 — Judiciary, coauthored by

Clifton (principal Senate author).HJR 1012 — General Government, co

authored by Roberts (principal Senate author) and Dennis and O’Connor of the Senate.

HJR 1021 — Finance.

558 Senate Journal

DECLARATION OF VOTE

Senator Landis asked that the record reflect had he been present at the time of Third Reading he would have voted “ Aye” on the following bills and resolutions:

HBs 1021, 1119, 1144, 1176, 1210, 1251,1320,1331,1380,1395 and 1413 and HJRs 1002 and 1017.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Monday, May 2, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 12:55 p.m. to meet Monday, May 2, 1983, at 1:30 p.m.

Sixtieth Legisiative DayThursday, May 2,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.


McIntyre, Porter and


The prayer was offered by Reverend Issac Cook, Simmons Baptist Church, Haskell and Community Baptist Church, Boyington, the guest of Senator Ford.


A dvising fourth reading o f and transmitting for signature Enrolled H B s 1 1 3 6 ,1 1 5 0 ,1338 and 1422.




GENERAL ORDER

HJR 1001 by Sanders of the House and Capps of the Senate was called up for consideration.

Senator Capps moved that HJR 1001 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis,

560 Senate Journal

Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—37.

Excused: Cate, Cullison, Keller, Luton, McDaniel, McIntyre, Miller, Porter, Randle, Smith and Terrill.— 11.


HJR 1001 was ordered withheld.

GENERAL ORDER

HB 1189 by Davis (Guy) of the House and Rozell of the Senate was called up for consideration.

Senator Rozell moved to amend HB 1189, Page 4, Line 6, by inserting after the word ‘ ‘ semi-trailer’ ’ and before the word ‘ ‘combination” the following words: “ and trailer” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Cain, Capps, Choate, Clifton, Combs, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Stipe, Taylor, Watson and Winn.—28.

Nay: Branch, Leonard, McCune, Moore, Shedrick, Taliaferro, Wright and Young.—8.

Excused: Cate, Cullison, Keller, Luton, McDaniel, McIntyre, Miller, Porter, Randle, Smith, Terrill and York.— 12.

The bill passed.

Senators Branch, Young, Shedrick, Wright and Taliaferro desired to vote Aye on the emergency.





Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HB 1350 was ordered granted. President Pro Tempore York appointing as Senate Conferees the following: Senators Shedrick, Combs and Terrill.

Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HB 1153 was ordered granted. President Pro Tempore York referring same to Special Conference Committee on Retirement Laws.

GENERAL ORDER

HB 1419 by Draper of the House and Combs of the Senate was called up for consideration.

Senator Combs moved to amend HB 1419, Page 3, Line 12'/2, by adding a new Section 2 to read as follows:

“ Section 2. AMENDATORY 68 O.S. 1981, Section 216, is amended to read as follows:

Sixtieth Legislative Day, Monday, May 2, 1983 561

The Tax Commission, whenever in its judgment good cause exists, may, pursuant to written request, grant reasonable extension for the filing of any return required under any state tax law. The Tax Commission shall keep a record of every extension granted with the reason therefor. EXCEPT IN THE CASE OF CORPORATION INCOME TAX RETURNS THE [The] time for filing any return may not extend in the aggregate later than one-half {Vi) the period of time for which any such return is filed under the particular state tax law involved nor any such extension extend the date on which any payment of state tax is due. AN EXTENSION NOT TO EXCEED SEVEN (7) MONTHS FOR THE FILING OF CORPORATION INCOME TAX RETURNS SHALL BE ALLOWED, HOWEVER SUCH EXTENSION SHALL NOT EXTEND THE DATE FOR PAYMENT OF THE STATE INCOME TAX DUE. In case an extension is granted the taxpayer may file a tentative return on or before the date when the return is required by any state tax law showing the estimated amount of tax for the period covered by the return and may pay the estimated tax or the first installment thereof at the time of filing such tentative return and no interest or penalty shall attach or be payable on sums so paid in due course.”

and renumber subsequent sections and amend title to conform, which amendment was declared adopted.

Senator Combs moved that HB 1419 be advanced, which motion was declared adopted.THIRD READING

Senator Combs moved that the vote be reconsidered whereby HB 1419 was advanced, which motion was declared adopted.

GENERAL ORDER

HB 1419 was considered further.

Senator Combs moved to amend HB 1419, Page 42, Lines 12 through 17 by striking all language on Page 46, Lines 10 through 18 by striking all new language and on Page 47, Lines 9 through 12 by restoring the stricken language, which amendment was declared adopted.


THIRD READING



Aye: Cain, Capps, Choate, Clifton, Combs, Dahl, Dennis, Ford, Giles, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Leonard, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taylor, Watson, Wright and York.—27.

Nay: Boatner, Branch, Dawson, Green, Landis, Luton, McCune, Stipe, Taliaferro, Terrill, Winn and Young.— 12.

Excused: Cate, Cullison, Keller, McDaniel, McIntyre, Miller, Porter, Randle and Smith.—9.

The bill passed.

Senators Dawson, Landis, Stipe, Green, Winn, Luton, Boatner, Taliaferro and Branch desired to vote Aye on the emergency.




562 Senate Journal


HAs to SB 206 were rejected upon motion of Senator Leonard, Conference requested, and Senate Conferees appointed as follows: Senators Leonard, Roberts and Choate.


Upon motion of Senator Schuelein, the request of the Honorable House for Conference on H B I1I8 was ordered granted. President Pro Tempore York appointing as Senate Conferees the following: Senators Dennis, Johnson and Roberts.

GENERAL ORDER

HB 1245 by Denman, et al, of the House and Terrill of the Senate was called up for consideration.

Senator Terrill moved to amend HB 1245, Page 1, by crippling the Title, which amendment was declared adopted.

Senator Terrill moved that HB 1245 be advanced, which motion was declared adopted.THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Dennis, Giles, Hopkins, Howell, Kilpatrick, Roberts, Rozell, Taylor, Terrill, Winn and York.— 17.

Nay: Choate, Combs, Dahl, Dawson, Ford, Green, Johnson, Lamb, Landis, Leonard, Luton, McCune, Moore, O’Connor, Pierce, Rhodes, Schuelein, Shedrick, Stipe, Taliaferro, Watson, Wright and Young.— 23.

The bill failed.


Pursuant to Rule 12-24 Senator Terrill moved that the vote be reconsidered whereby HB 1245 failed.




GENERAL ORDER

HB 1332 by Shurden of the House and Dahl of the Senate was called up for consideration.

Senator Dahl moved that HB 1332 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—39.

Nay: Stipe.— 1.

Excused: C ullison, K eller, M cD aniel,M cIntyre, M iller, Porter, Randle andSm ith.— 8.


Excused: Cullison, Keller, McDaniel, McIntyre, Miller, Porter, Randle and Smith.— 8.


HB 1332 was ordered withheld. GENERAL ORDER

HB 1033 by Henshaw of the House and Choate of the Senate was called up for consideration.

Senator Shedrick moved to amend HB 1033, Page 6, Lines 13 through 17 by striking all language after the period on Line 13 and all language on Lines 14, 15, 16 and 17, which amendment was declared adopted upon roll call as follows:

Aye: Cain, Cate, Clifton, Combs, Dawson, Dennis, Hopkins, Howell, Kilpatrick, Landis, Leonard, Luton, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson and York.—21.

Nay: Boatner, Branch, Capps, Choate, Dahl, Ford, Giles, Green, Johnson, Lamb, McCune, Moore, O’Connor, Pierce, Rhodes, Roberts, Winn, Wright and Young.— 19.

Excused: Cullison, Keller, McDaniel, McIntyre, Miller, Porter, Randle and Smith.— 8.

Senator Choate moved that HB 1033 be advanced, which motion was declared adopted.THIRD READING



Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Dahl, Dawson, Dennis,

Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 41.

Nay: Boatner and Schuelein.—2.

Excused: Cullison, Keller, McIntyre, Porter and Smith.—5.



Senator Combs presiding.GENERAL ORDER

HB 1215 by Williams (Freddye), et al, of the House and Howell of the Senate was called up for consideration.

Senator Rhodes moved to amend HB 1215, Page 4, Line 15, by inserting after the word “ except” and before the word “ to” the following language: “ in the case of a private sale” , which amendment was declared adopted.

Senator Howell moved to amend HB 1215, Page 1, by erippling the Title, which amendment was declared adopted.


THIRD READING



Aye: Cain, Capps, Cate, Choate, Clifton, Combs, Dahl, Dennis, Ford, Giles, Green,

564 Senate Journal

Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Stipe, Taliaferro, Taylor, Watson, Winn, Wright and York.—36.

Nay: Boatner, Branch, Dawson, Miller, Shedrick and Young.—6.

Excused: Cullison, Keller, McIntyre, Porter, Smith and Terrill.—6.



GENERAL ORDER

HB 1367 by Kincheloe of the House and Howell of the Senate was called up for consideration.

Senator Combs moved to amend HB 1367, Page 1, by crippling the Title, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.— 40.

Nay: Dawson.— 1.

Excused: Choate, C ullison, K eller, M cIntyre, Porter, Sm ith and Terrill.— 7.



GENERAL ORDER

HB 1385 by Koppel of the House and Johnson of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—42.





Advising passage of and returning Engrossed SBs 139 and 280.


r


GENERAL ORDER

HB 1200 by Twidwell of the House and Johnson of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O ’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.— 40.

Excused: Cate, Cullison, Keller, McIntyre, Porter, Smith, Stipe and Terrill.—8.



GENERAL ORDER

HB 1372 by Deatherage of the House and Randle of the Senate was called up for consideration.

Senator Randle moved that HB 1372 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O ’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.— 41.

Excused: Cullison, Keller, McIntyre, Porter, Smith, Stipe and Terrill.—7.




Advised adoption of and returning Engrossed SCR 2, coauthored by Ross of the House.



HAs to SB 174 were concurred in upon motion of Senator Pierce.



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Dahl, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Moore, O’Connor, Pierce, Randle, Rhodes, Schuelein, Taliaferro, Taylor, Watson, Wright and York.—31.

Nay: Dawson, Dennis, Luton, Miller, Roberts, Rozell, Shedrick, Stipe, Winn and Young.— 10.

566 Senate Journal

Excused: Choate, C ullison, K eller, M cIntyre, Porter, Smith and Terrill.— 7.

The bill passed.







SB 134.SB 146.SB 179, coauthored by Leftwich, Graves

and Clark of the House and Wright of the Senate.


The CCR on HB 1173 was adopted upon motion of Senator Taliaferro.



Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Shedrick, Stipe, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—40.

Nay: Branch and Schuelein.—2.




CHANGE IN CONFEREE

Senator Schuelein advised the following change in conferee on SB 320: Remove Howell and add Randle.


The CCR on HCR 1001 was adopted upon motion of Senator Taliaferro.

HCR 1001, as amended in Conference, was read at length.

HCR 1001 was adopted upon motion of Senator Taliaferro and was ordered withheld.


Advising Conference granted on Engrossed SB 267, and naming House Conferees as follows: Johnson (Don), Hall and Harbin.

THIRD READING

Senator Luton asked unanimous consent, which was granted, to suspend Rule 12-8 to consider an amendment to HB 1204 on Third Reading.

Senator Leonard moved to amend HB 1204, Page 1, Line 4, by deleting after the word “ or” and before the word “ industrial” the words “ tax-exempt” and on Page 2, Line 2, by deleting after the word “ or” and before the word “ industrial” the words “ tax-exempt” , which amendment was declared adopted.

r

Sixtieth Legislative Day, Monday, May 2,1983 567



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Dahl, Dennis, Ford, Green, Hopkins, Howell, Kilpatrick, Lamb, Luton, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Watson, Winn and York.— 33.

Nay: Choate, Dawson, Giles, Johnson, Landis, Leonard, McCune, Wright and Young.—9.



HB 1204 was referred for engrossment. MESSAGE FROM THE HOUSE

Advising concurrence in SAs to and passage of Engrossed HB 1251, coauthored by Reimer of the House, and HB 1331 and HJR 1002, as amended.


Advising rejection of SAs to Engrossed HBs, requesting Conference and naming Conferees as follows:

HB 1144 — Widener, Reimer and Holden.

HB 1176 — Deatherage, Virtue and Williams (Penny).

HB 1380 — Brewster, Hobson and Lewis.

HB 1413 — Hooper, Kincheloe and Harris.COMMITTEE REPORTS


DO PASS:

SCR 10 — Human Resources, coauthored by Porter of the Senate.

HB 1228 — Human Resources.HB 1239 — Human Resources.HB 1278 — Human Resources.HB 1364 — Law Enforcement, coau

thored by McCune (principal Senate author).HCR 1007 — Human Resources.

DO PASS, as amended:HB 1034 — Law Enforcement.HB 1126 — Human Resources.HB 1160 — Law Enforcement, coau

thored by Giles (principal Senate author) and Branch of the Senate.

HB 1230 — Human Resources, coauthored by Combs (principal Senate author).

HB 1348 — Human Resources.HB 1393 — Law Enforcement, coau

thored by Watson (principal Senate author) and Moore and Johnson of the Senate.SECOND READING


SR 21 — General Government

FIRST READING


SB 328 — By Randle and Howell.An act relating to the State Board of Ed

ucation; making supplemental appropriations thereto; stating the purposes; making appropriations nonfiscal; providing severability; and declaring an emergency.

SR 22 — By Dahl, Dennis and Roberts.A resolution requesting the United States

Fish and Wildlife Service to increase funding for and continue present beaver damage control activities; directing the State Department of Agriculture and Department of Wildlife Conservation to control beaver damage; and directing distribution.

568 Sixtieth Legislative Day, Monday, May 2, 1983


The following lobbyist registration (including organization represented) has been fded with the Joint Legislative Ethics Committee:

McQuay, Mary, Dr. Bums, Dr. Hamilton and Reproductive Services (addendum).

Mary McQuay has resigned as a lobbyist for Oklahoma Common Cause as of 5/2/83.


Murphy, Thomas C., as of April 27, 1983.MESSAGE FROM THE GOVERNOR

Advising approval by him, April 29, 1983, of Enrolled SBs 15, 76, 77, 182 and 195.

BILLS RELEASED

HBs 1200 and 1332 and HJR 1001 were properly signed and ordered returned to the Honorable House.

HB 1173 and HCR 1001, together with the CCRs thereon, were properly signed and ordered returned to the Honorable House.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Tuesday, May 3, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 3:25 p.m. to meet Tuesday, May 3, 1983, at 1:30 p.m.

Sixty-first Legisiative DayTuesday, May 3,1983


Roll Call;

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—47.

Excused; Terrill.— 1.

Senator Cullison declared a quorum pres- sent.

The prayer was offered by Reverend Cook, the guest of Senator Ford.


Advising fourth reading of and transmitting for signature Enrolled HBs 1173,1200, 1251,1331,1332 and HJRs 1001 and 1002.

The above numbered Enrolled HBs and HJRs were, after fourth reading, properly signed and ordered returned to the Honorable House.


HBs 1033, 1189, 1204, 1215, 1367, 1372, 1385 and 1419 were each correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.

SBs 139,174 and 280 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.



Senator Dahl asked unanimous consent to suspend Rule 5-4 and to refer SR 22 direct to the Calendar on this legislative day, which was the order.

GENERAL ORDER

SR 22 by Dahl, Dennis and Roberts was called up for consideration.

SR 22 was adopted upon motion of Senator Dahl and referred for enrollment.

570 Senate Journal

GENERAL ORDER

HB 1223 by Lawter, et al, of the House and Stipe of the Senate was called up for consideration.

Senator Stipe moved to amend HB 1223, Page 1, by striking the Enacting Clause, which amendment was declared adopted.


THIRD READING



Aye: Branch, Cain, Clifton, Combs, Cul- lison, Dahl, Dennis, Green, Hopkins, Howell, Johnson, Kilpatrick, Landis, McIntyre, Miller, Randle, Roberts, Schuelein, Shed- rick, Stipe, Taliaferro, Taylor, Winn, Wright and Young.—25.

Nay: Boatner, Capps, Choate, Dawson, Ford, Giles, Keller, Lamb, Leonard, Luton, McCune, Moore, O’Connor, Pierce, Porter, Rhodes, Rozell, Smith and Watson.— 19.

Excused: Cate, McDaniel, Terrill and Y o rk .^ .

The bill passed.

Senators Capps, Giles, Luton, Boatner, Dawson, Rozell and Porter desired to vote Aye on the emergency.






SB 101.SB 117.SB 123.SB 236.SB 240.SB 250.SB 282, coauthored by Deatherage and

Davis (Porter) of the House.

GENERAL ORDER

HB 1138 by Baughman and Widener of the House and Dawson of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright, and Young.—43.

Excused: Cate, McDaniel, Shedrick, Terrill and York.—5.

The bill passed.


Sixty-first Legislative Day, Tuesday, May 3, 1983 571

GENERAL ORDER

HB 1104 by Converse of the House and Boatner of the Senate was called up for consideration.

Senator Boatner moved to amend HB 1104, Page 1, by crippling the Title, which amendment was declared adopted.

Senator Boatner moved that HB 1104 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright and Young.—44.

Excused: Cate, McDaniel, Terrill and York.—4.

The bill passed.




HAs to SB 146 were concurred in upon motion of Senator Boatner.

SB 146 , as amended by the HonorableH ouse, was read at length.


Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright and Young.—43.

Excused: Cate, McDaniel, Shedrick, Terrill and York.—5.


House amendments were properly signed and the above-numbered bill was referred for enrollment.PENDING CONSIDERATION OF HAs

HAs to SB 5 were concurred in upon motion of Senator Dawson.



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Hopkins, Johnson, Kilpatrick, Lamb, Leonard, Luton, McDaniel, McIntyre, Porter, Randle, Rhodes, Roberts, Rozell, Shedrick, Stipe, Taliaferro, Taylor, Winn and Wright.—31.

Nay: Giles, Green, Howell, Keller, Landis, McCune, Miller, Moore, O’Connor, Pierce, Schuelein, Smith, Watson and Young.— 14.

Excused: Cate, Terrill and York.—3.

The bill passed.

572 Senate Journal

Senator Green desired to vote Aye on the emergency.

On the question of passage of the emergency, the vote resulted as follows; Aye; 32; Nay; 13; Excused; 3.




Advising concurrence in SAs to and passage of Engrossed HBs 1025, 1209 and 1210, as amended.








The CCR on SB 311 was adopted upon motion of Senator Ford.



Aye; Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick,

Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—46.

Excused; Cate and Terrill.—2.


SB 311 was ordered withheld.

Senator Kilpatrick presiding. GENERAL ORDER

HB 1169 by McCorkell and Baker of the House and Cullison of the Senate was called up for consideration.

Senator Leonard moved to amend HB 1169, Page 1, Line 5, by striking the word “ April” and substituting the word “ January” and by striking the word “ first” and substituting the word ‘ ‘third’ ’ and on Page 4, Line 9, by adding a new Section 2 to read as follows;

“ Section 2. AMENDATORY 68 O.S. 1981, Section 2460, is amended to read as follows;

Section 2460. In any case where the county assessor shall increase the valuation of any property above that returned by the taxpayer, or in the case of real estate, increase the valuation over the assessment for the preceding year, the county assessor shall notify in writing the person in whose name any such property is listed, giving the amount of such valuation as increased. In the case of real estate this notice, whether given by the county assessor or by the county board of equalization, shall include the fair cash value of the property as used in determining the assessment for the preceding and current year; the assessed valuation for the preceding and current year; and the assessment ratio for the preceding and current year. Such notice


may be by mail or delivery to the last-known address of such person, or to the person in charge or possession of the property. In any case where the county board of equalization shall increase the valuation of any property above the value returned by the taxpayer, or shall add property not listed by the taxpayer, or in the case of real estate increase the valuation over the assessment for the preceding year, the secretary of the county board of equalization shall notify by mail to his last- known address, the person in whose name any such property is listed, giving the amount of such valuation as increased. In all cases where notice by mail is required under this section, the same shall describe the property with sufficient accuracy so as to notify the taxpayer as to the property included, together with the assessed value of the property; and duplicate copies of the notice, showing the date of issuance and mailing, shall be kept in the office of the county assessor or the secretary of the board, as the case may be, which record so kept shall be prima facie evidence as to the fact of the notice having been given as required. The taxpayer shall have [ten] THIRTY [(10)] (30) days from date of the mailing of such notice in which to file, with the secretary of said board, a written complaint, specifying his grievances, and the pertinent facts in relation thereto in ordinary and concise language and without repetition, and in such manner as to enable a person of common understanding to know what is intended[, provided, however, that in counties having an assessed valuation in excess of Five Hundred Million Dollars ($500,000,000.00) the taxpayer shall have thirty (30) days from date of the mailing of such notice in which to file such complaint]. Complaint in like manner may be filed on real estate not increased over the previous year’s assessment, provided such complaint is filed on or before the first Monday in May. Complaint in like manner may be filed with the board by the taxpayer where the county assessor shall increase the valuation of any property above that returned, or in the case of real estate.

shall increase the valuation over the assessment for the preceding year. Complaint in like manner may be filed by any taxpayer where, pursuant to the authority contained in Section 2437 of this Code, the county assessor has added property not listed by the taxpayer, provided such complaint is filed on or before the first Monday in May. Upon receipt of such complaint the board shall fix a date of hearing, at which time said board shall be authorized and empowered to take evidence pertinent to said complaint; and for that purpose, is authorized to compel the attendance of witnesses and the production of books, records, and papers by subpoena, and to confirm, correct, or adjust the valuation, as may seem just. In all cases where either the county assessor or the county board of equalization has, without giving the notice required by this section or by Section 2437, increased the valuation of property as listed by the taxpayer, and the taxpayer has knowledge of such adjustment or addition, the taxpayer may at any time prior to the adjournment of the board, file a complaint in the form and manner above provided for. Thereafter, the board shall fix a date of hearing, notify the taxpayer, and conduct the hearing as required by this section.”


Senator Cullison moved that HB 1169 be advanced, which motion was declared adopted.

THIRD READING

Senator Cullison asked unanimous consent that HB 1169 be laid over temporarily, which was the order.MESSAGE FROM THE HOUSE



574 Senate Journal

GENERAL ORDER

SB 327 by York of the Senate and Draper of the House was called up for consideration.

Senators Shedrick, Capps, Landis, Luton, Ford, Schuelein and Taliaferro asked to coauthor SB 327, which was the order.

Senators Boatner, McCune and Watson moved to amend SB 327, Page 7, Line VA, by adding a new Section 2 to read as follows:

“ The hospitals known as the Oklahoma Children’s Memorial Hospital, and Oklahoma Memorial Hospital and the O’Don- aghue Rehabilitation Institute are hereby transferred from the Department of Human Services and the Commission for Human Services to the Oklahoma Teaching Hospitals Board of Trustees, and shall hereafter be under the jurisdiction, supervision, management and control of the Oklahoma Teaching Hospitals Board of Trustees. The Oklahoma Teaching Hospitals Board of Trustees shall succeed to and have the powers, duties and responsibilities as to the operation of such hospitals that are now vested in the Department of Human Services and the Commission for Human Services.”

and by renumbering subsequent Sections, which amendment was withdrawn upon request of Senator Boatner.


THIRD READING



Aye; Boatner, Braneh, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison,

Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pieree, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—43.

Nay: McIntyre, Porter and Stipe.—3.

Excused: Giles and Terrill.—2.





HAS to SB 240 were rejected upon motion of Senator Shedrick, Conference requested, and Senate Conferees appointed as follows: Senators Shedrick, Combs and Cate.


HAs to SB 250 were rejected upon motion of Senator Smith, Conference requested, and Senate Conferees appointed as follows: Senators Smith, Randle and Cullison.

THIRD READING

Senator Stipe asked unanimous consent to suspend Rule 12-8 to consider an amendment to HB 1169 on Third Reading, whieh was the order.

Senators Stipe, Miller and Lamb moved to amend HB 1169, Page 4, Line SVi, by adding a new Section as follows; “ Legislative intent is hereby expressed as follows: That the Legislature directs the Oklahoma Tax Commission to cease and desist from interfering with or pressuring in any way the local county assessors of the 77 counties of Oklahoma or the local excise boards of the


77 counties of Oklahoma to raise or increase their local county evaluations.” , which amendment was withdrawn upon request of Senator Stipe.

Senator Dawson asked unanimous consent to suspend Rule 12-8 to consider an amendment to HB 1169 on Third Reading, which was the order.

Senator Dawson moved to amend HB 1169, Page 1, Line 5, by striking the word “ June” and substituting the word “ September” and on Page 2, Line 4, by striking all language after the word “ law’ ’ and up to the word “ The” on Line 9, which amendment was declared adopted.



Aye: Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Watson, Winn, Wright and York.—43.

Nay: Boatner.— 1.

Excused: Cate, Smith, Terrill andYoung.—4.




Upon m otion o f Senator Schuelein , therequest o f the Honorable H ouse for C onfer

ence on HBs was ordered granted. President Pro Tempore York appointing as Senate Conferees the following:

HB 1144 — Taylor, Kilpatrick and Combs

HB 1176 — Cate, Clifton and DennisHB 1380 — Combs, Roberts and Kilpat

rickHB 1413 — Shedrick, Combs and Cate


HAs to SB 236 were rejected upon motion of Senator McDaniel, Conference requested, and Senate Conferees appointed as follows: Senators McDaniel, Clifton and Cain.


HAs to SB 117 were rejected upon motion of Senator Howell, Conference requested, and Senate Conferees appointed as follows: Senators Howell, Cate and Shedrick.

SECOND READING



COMMITTEE REPORTS


DO PASS:

HB 1048 — Appropriations.


HB 1044 — Appropriations.HB 1046 — Appropriations.HB 1049 — Appropriations.HB 1053 — Appropriations.HB 1054 — Appropriations.

576 Senate Journal

HB 1056 — Appropriations.HB 1064 — Appropriations.HB 1091 — Appropriations.HB 1139 — Appropriations, coauthored

by Howell (principal Senate author).HB 1180 — Appropriations.



SB 1.

BILL RELEASED

SB 311, together with the CCR thereon, was ordered transmitted to the Honorable House.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday, May 4, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 3:30 p.m. to meet Wednesday, May 4, 1983, at 1:30 p.m.

Sixty-second Legislative DayWednesday, May 4,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.






W illiam Augustus B ow en , T ulsa, as amember to the Board o f Regents o f Tulsa

Junior College, to fill the unexpired seven year term ending June 30, 1989, and effective upon Senate confirmation. Mr. Bowen will succeed Wayman Humphrey (resigned).

Victor F. Diffee, Bethany, as a member to the Used Motor Vehicle and Parts Commission, to serve a term coterminous with that of the office of Governor, and effective upon Senate confirmation. Mr. Diffee will succeed himself.

Betty McElderry, Purcell, as a member to the State Election Board, to fill an unexpired four year term ending March 1, 1984, and effective upon Senate confirmation. Betty McElderry will succeed Betty Hall (resigned).

Kenneth Larry Wells, Norman, as a member to the Alcoholic Beverage Control Board, to complete an unexpired seven year term ending June 23, 1983, and effective upon Senate confirmation. Mr. Wells will succeed Allen Bruce Morain (resigned).

Carol Williams, Tulsa, as a member to the Controlled Industrial Waste Management Council, to serve an unexpired term of six years, ending December 31, 1987, and effective upon Senate confirmation. Mrs. Williams will succeed Flo Peterson.

578 Senate Journal







SBs 5 and 146 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.



GENERAL ORDER

HB 1248 by Smith (Bill) and Baughman of the House and Landis of the Senate was called up for consideration.


THIRD READING



Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, MeCune, O’Connor, Pieree, Randle, Rhodes, Roberts, Schuelein, Shedriek, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.— 35.

Nay: Boatner, Cullison, Rozell and Stipe.—4.

Excused: Giles, Howell, Luton, McDaniel, McIntyre, Miller, Moore, Porter and Winn.—9.




Advising passage of and returning the following Engrossed Bills and Resolution, as amended:

SB 162, coauthored by Duckett of the House.

SB 188.SB 204, coauthored by Duckett of the

House.SB 254.SB 302.SB 305.SJR 22.

GENERAL ORDER

HB 1034 by McCorkell, et al, of the House and Shedriek of the Senate was called up for consideration.

Senator Landis moved to amend HB 1034, Page 7, Line SVi, by adding a new Section 2 as follows:

Sixty-second Legislative Day, Wednesday, May 4, 1983 579

“ SECTION 2. AMENDATORY 47 O.S. 1981, Section 7-509, is amended to read as follows:

A. No insurance earrier who issues motor vehicle insurance polieies in this state shall cancel, refuse to renew or increase the premium rate for any motor vehicle liability or collision insurance policy for the reason that the insured has been involved in a motor vehicle collision and was not at fault, OR FOR ANY TRAFFIC RELATED VIOLATION THAT IS NOT A VIOLATION WHICH WOULD, IN ADDITION TO PREVIOUS VIOLATIONS, CAUSE THE INSURED TO HAVE A RECORD OF THREE (3) OR MORE TRAFFIC RELATED VIOLATIONS IN A THREE (3) YEAR PERIOD,

B. This section shall not apply to an insured who has been convicted of:

1. Homicide or assault arising out of the operation of any motor vehicle; or

2. A violation of Sections 11-902 or 761 of Title 47 of the Oklahoma Statutes as being impaired by or under the influence of alcohol or intoxicating liquor or who was under the influence of any substance included in the Uniform Controlled Dangerous Substances Act.” , and renumber, which amendment was declared adopted.

Senator Shedriek moved that HB 1034 be advanced, which motion was declared adopted,

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Dahl, Hopkins, Johnson, Kilpatrick, Landis, McCune, O’Connor, Rozell, Shedriek, Taylor, Winn and York.— 19.

Nay: Choate, Cullison, Dawson, Dennis, Ford, Giles, Green, Howell, Keller, Lamb, Leonard, Luton, McDaniel, McIntyre, Moore, Pierce, Porter, Rhodes, Roberts, Schuelein, Smith, Stipe, Taliaferro, Terrill, Watson, Wright and Young.—27.

Excused: Miller and Randle.—2.

The bill failed.


Pursuant to Rule 12-24 Senator Shedriek moved that the vote be reconsidered whereby HB 1034 failed.


The CCR on SB 1 was adopted upon motion of Senator McCune.

S B l , as amended in Conference, was read at length.


Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.— 43.

Nay: Branch and Lamb.—2.

Excused: Miller, Randle and York.—3.



580 Senate Journal


Advising rejection of SAs to Engrossed HJR 1023, requesting Conference and naming Conferees as follows: Draper, Mentzer and Barker.

GENERAL ORDER

HB 1364 by Johnson (Don) and Corner of the House and McCune of the Senate was called up for consideration.

Senator Rozell moved to amend HB 1364, Page 1, Line 1, by adding a new Section 1 to read as follows:


Any parent or other household member who shall willfully or maliciously injure, torture, maim, rape or sexually abuse a child under the age of eighteen (18) shall, upon conviction, be sentenced to a term of imprisonment for not less than five (5) years nor more than twenty (20) years. Such sentence shall not be subject to statutory provisions for suspended sentences or probation.” and renumber subsequent sections, which amendment was declared adopted.

Senator McCune moved that HB 1364 be advanced, which motion was declared adopted.

THIRD READING



Aye: Branch, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Keller, Kilpatrick,

Lamb, Landis, Luton, McCune, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Rozell, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Winn, Wright, York and Young.—36.

Nay: Boatner, Cain, Cate, Dawson, Howell, Johnson, McDaniel, Roberts, Schuelein and Taliaferro.— 10.

Excused: Leonard and Miller.—2.



Pursuant to Rule 12-24 Senator Howell moved that the vote be reconsidered whereby HB 1364 passed.

GENERAL ORDER

HB 1257 by Hooper of the House and Smith of the Senate was called up for consideration.

Senator Smith moved to amend HB 1257, Page 1, by crippling the Title, which amendment was declared adopted.

Senator Smith moved that HB 1257 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Rob-


erts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.

Excused; Miller.— 1.

The bill passed.


GENERAL ORDER

HB 1075 by Deatherage and Barker of the House and Randle and Kilpatrick of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—45.

Excused: Dawson, Miller and York.— 3.



GENERAL ORDER

H B 1076 by Deatherage and Barker o f theH ouse and Randle and Kilpatrick o f the Senate w as called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 45.

Nay; Landis.— 1.

Excused: Dawson and Miller.—2.



GENERAL ORDER



THIRD READING



582 Senate Journal

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.




GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Nay: Keller.— 1.





Advising concurrence in SAs to and passage of Engrossed HBs 1033 and 1385.


Advising Conference granted on Engrossed SBs, and naming House Conferees as follows:

SB 236 SB 250-

- Brown, Logan and Anderson- Anderson, Brewster and Lewis

GENERAL ORDER

HB 1123 by Vanatta, et al, of the House and Randle of the Senate was called up for consideration.

Senators Giles and Leonard moved to amend HB 1123, Pages 1 through 30 by striking the title, enacting clause and Sections 1 through 7 and inserting the following:

“ [ Banks and trust companies — amending three sections in Title 6 — bank holding companies and multi-bank holding companies — Constitutional Amendment called — repealing seven sections in Title 6 — operative date — codification — emergency ]


SECTION 1. AMENDATORY 6 O.S. 1981, Section 415, is amended to read as follows:

Section 415. A. Drive-in or walk-up service authorized. (1) Any bank chartered under the laws of this state [may], subject to the approval of the Board as evidenced by its certificate, MAY maintain and operate outside attached facilities and [one] TWO detached [facility] FACILITIES having one or


more tellers’ windows for drive-in or walk- up service or both. OF THE TWO (2) DETACHED FACILITIES ONE MAY BE on property owned or leased by the bank located less than one thousand (1,000) feet from the [center of the street abutting the] bank’s main building [at that part of said bank’s main building in the direction towards the center of the street abutting the nearer part of the structure housing the said outside faciiity] AND ONE MAY BE ON PROPERTY OWNED OR LEASED BY THE BANK LOCATED LESS THAN THREE (3) MILES FROM THE BANK’S MAIN BUILDING.

(2) ANY BRANCH, SUBJECT TO THE APPROVAL OF THE BOARD AS EVIDENCED BY ITS CERTIFICATE, MAY MAINTAIN AND OPERATE ONE OUTSIDE FACILITY HAVING ONE OR MORE TELLERS’ WINDOWS FOR DRIVE-IN OR WALK-UP SERVICE OR BOTH ON PROPERTY OWNED OR LEASED BY THE BANK LOCATED LESS THAN ONE THOUSAND (1,000) FEET FROM THE BRANCH BUILDING.

(3) THE BOARD SHALL NOT GRANT A CERTIFICATE FOR A DETACHED FACILITY UNLESS IT IS MORE THAN ONE THOUSAND (1,000) FEET FROM ANY OTHER EXISTING MAIN BANK BUILDING OR BRANCH BUILDING OF ANY OTHER BANK.

(4) FOR THE PURPOSES OF THIS SUBSECTION THE DATE OF APPROVAL OF A BANK CHARTER OR THE DATE OF APPROVAL OF A BRANCH BY THE APPROPRIATE STATE OR FEDERAL AUTHORITY SHALL BE THE DATE OF EXISTENCE OF SUCH BANK, BRANCH OR FACILITY.

(5) FOR PURPOSES OF THIS SECTION, THE DISTANCE LIMITATION SHALL BE DETERMINED BY MEASUR

ING ALONG A STRAIGHT LINE DRAWN BETWEEN THE NEAREST EXTERIOR WALL OF THE APPROPRIATE MAIN BANK BUILDING OR BRANCH BUILDING AND THE NEAREST EXTERIOR WALL OF THE FACILITY.

B. Certificate to maintain additional outside facilities — Notice and hearing — Injunction of prohibited activities. (1) From and after [the passage of this Code] MAY 26, 1965, no bank shall be permitted to maintain and operate such additional outside [facility] FACILITIES except on certificate issued by the Board. The issuance of [such] THE certificates shall rest solely as to the location in the discretion of [the Commissioner and] the Board.

(2) The application for a certificate to maintain and operate a detached facility shall comply with the regulations of the Board. Within thirty (30) days after receipt of the application, the Commissioner shall report the results of his investigation to the Board. Notice of hearing on the application shall be given in compliance with [subsections C, D and E of Section 306] THE PROVISIONS OF SECTION 306.1 OF THIS TITLE. Within twenty (20) days after the conclusion of the hearing the Board shall, in its sole discretion, approve or deny the application and shall notify the applicant of its decision. [The] AN application [for a certificate shaii be accompanied with a] fee [of Five Hundred Dollars ($500.00)] payable to the Department [to cover the expenses of investigation and hearing] IN AN AMOUNT SET BY RULE OF THE BOARD, NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00), SHALL ACCOMPANY EACH APPLICATION.

(3) Any banking function may be performed at the [facility] FACILITIES save that of making loans. Upon the recommendation of the Commissioner, the Attorney General shall bring an appropriate action to enjoin a bank from conducting the making of loans at such [facility] FACILITIES.

584 Senate Journal

(4) Any bank now validly operating a detached facility under and in accordance with the applicable statutes of this state prior to [this Code] MAY 26, 1965, shall be granted a certificate to continue its operation at such facility. PROVIDED, FURTHER, ANY FACILITY AUTHORIZED PURSUANT TO THE LAWS OF THIS STATE PRIOR TO THE OPERATIVE DATE OF THIS ACT SHALL NOT BE RENDERED UNLAWFUL BY ANY PROVISION OF THIS SECTION.

(5) THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED IN DEROGATION OR DENIAL OF THE RIGHT TO OPERATE AND MAINTAIN FACILITIES AS PROVIDED FOR IN SECTIONS 421 AND 422 OF THIS CODE.

C. Violation of Section 415 — Penalty therefor. A violation of any portion of this section shall be and constitute a misdemeanor punishable upon conviction by a fine not exceeding Five Hundred Dollars ($500.00). Each day’s violation shall constitute a separate offense.


Section 501. A. Branch banking [is prohibited in this state]. The term ‘Branch’ used in this section [shall be held to include] MEANS any branch bank, branch office, branch agency, additional office, or any branch place of business, located within this state at which deposits are received, [or] checks paid, or money lent. [This section shall not be construed in derogation or denial of the right to operate and maintain facilities as provided in Sections 415 or 421 of this title or Section 2 of this act.] THE TERM ‘MAIN OFFICE’ AS USED IN THIS SECTION MEANS THE BANK AND ITS SPECIFIC LOCATION WHICH HAS BEEN DESIGNATED BY THE COMMISSIONER OR COMPTROLLER

OF THE CURRENCY AS A MAIN OFFICE.

B. ANY BANK CHARTERED UNDER THE LAWS OF THIS STATE OR BY THE COMPTROLLER OF THE CURRENCY MAY MAINTAIN AND OPERATE NO MORE THAN TWO BRANCHES ON PROPERTY OWNED OR LEASED BY THE BANK AND

(1) LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OR TOWN WHERE THE MAIN OFFICE IS LOCATED; OR

(2) LOCATED WITHIN THIRTY-FIVE (35) MILES OF THE MAIN OFFICE OF THE BANK IF LOCATED IN A CITY OR TOWN WHICH AT THE TIME OF THE OPERATIVE DATE OF THIS ACT HAS NO STATE OR NATIONAL BANK LOCATED IN SAID CITY OR TOWN.

THE BOARD SHALL NOT GRANT A CERTIFICATE FOR ANY BRANCH UNLESS IT IS MORE THAN ONE THOUSAND (1,000) FEET FROM ANY MAIN BANK OFFICE OR BRANCH BANK BUILDING.

FOR PURPOSES OF THIS SECTION, THE DISTANCE LIMITATION SHALL BE DETERMINED BY MEASURING ALONG A STRAIGHT LINE DRAWN BETWEEN THE NEAREST EXTERIOR WALL OF THE APPROPRIATE MAIN OFFICE BUILDING OR BRANCH BUILDING AND THE NEAREST EXTERIOR WALL OF THE BRANCH BANK OR FACILITY.

FOR THE PURPOSES OF THIS SUBSECTION, THE DATE OF APPROVAL OF A BANK CHARTER, THE DATE OF APPROVAL OF A BRANCH OR THE DATE OF APPROVAL OF A FACILITY BY THE APPROPRIATE STATE OR FEDERAL AUTHORITY SHALL BE THE


DATE OF EXISTENCE OF SUCH BANK, BRANCH OR FACILITY.

C. CERTIFICATE TO MAINTAIN A BRANCH — NOTICE AND HEARING.(1) FROM AND AFTER THE OPERATIVE DATE OF THIS ACT NO STATE OR NATIONAL BANK SHALL BE PERMITTED TO MAINTAIN AND OPERATE A BRANCH EXCEPT ON CERTIFICATE ISSUED BY THE BOARD. THE ISSUANCE OF SUCH CERTIFICATES SHALL REST SOLELY AS TO LOCATION IN THE DISCRETION OF THE BOARD.

(2) THE APPLICATION FOR A CERTIFICATE TO MAINTAIN AND OPERATE A BRANCH SHALL COMPLY WITH THE REGULATIONS OF THE BOARD. WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE APPLICATION, THE COMMISSIONER SHALL REPORT THE RESULTS OF HIS INVESTIGATION TO THE BOARD. NOTICE OF HEARING ON THE APPLICATION SHALL BE GIVEN IN COMPLIANCE WITH SECTION 306.1 OF THIS TITLE. WITHIN TWENTY (20) DAYS AFTER THE CONCLUSION OF THE HEARING, THE BOARD, IN ITS SOLE DISCRETION, SHALL APPROVE OR DENY THE APPLICATION AND SHALL NOTIFY THE APPLICANT OF ITS DECISION. AN APPLICATION FEE IN AN AMOUNT SET BY RULE OF THE BOARD, NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00), SHALL ACCOMPANY EACH APPLICATION.

(3) ANY BANKING FUNCTION MAY BE PERFORMED AT THE BRANCH.

D. VIOLATION OF SECTION 501 — PENALTY THEREFOR. A VIOLATION OF ANY PORTION OF THIS SECTION SHALL BE AND CONSTITUTE A MISDEMEANOR PUNISHABLE UPON CONVICTION BY A FINE NOT EXCEEDING FIVE HUNDRED DOLLARS ($500.00). EACH DAY’S VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE.


Section 502. A. Citation — Purpose. This section may be cited as the ‘Bank Holding Company Section’ and shall have for its purpose the maintenance of competitive services between banks by [prevention of] LIMITING the expansion of bank holding companies and similar organizations. It is deemed to be in the public interest that competition prevail in the banking system in the State of Oklahoma and to that end that the independence of unit banks be preserved. FURTHER, IT SHALL BE THE POLICY OF THE STATE OF OKLAHOMA TO OPPOSE ANY ATTEMPT BY ANY BANK HOLDING COMPANY TO ACQUIRE CONTROL OF ANY BANK LOCATED IN THIS STATE IF SUCH ACQUISITION WOULD RESULT IN A MONOPOLY OR IN AN ATTEMPT TO MONOPOLIZE THE BUSINESS OF BANKING IN THIS STATE.

B. Definitions. As used in this section the following terms shall have the following meanings:

(1) ‘Bank’ means any national banking association or any state bank, or banking association, whether organized under the laws of Oklahoma, the laws of another state[,] or the laws of the United States, AUTHORIZED TO ENGAGE IN THE BANKING BUSINESS and located in the State of Oklahoma.

(2) ‘Company’ means any [bank,] corporation, [business trust, voting trust,] association, partnership, [joint venture,] BUSINESS TRUST or similar organization, but shall not include [(a) an individual or (b)] any corporation the majority of the shares of which are owned by the United States or by any state [or any corporation or community chest f̂ und, organized and operated exclusively for religious, chari

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table, scientific, literary or educational purposes, no part of the net earnings of which inure to the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation].

(3) ‘BANKING COMPANY’ MEANS ANY BANK.

[(3)1 (4) ‘Bank holding company’ means any company [(a)] which directly or indirectly owns[,] OR controls [or holds with power to vote fifteen percent (15%) or more of the voting shares of each of two or more banks or of a company which is a hank holding company by virtue of this section, or (b) which controls in any manner the election of a majority of the directors of each of two or more banks, or (c) for the benefit of whose shareholders or members fifteen percent (15%) or more of the voting shares of each of two or more hanks or a bank holding company is held by trustees; and, for the purposes of this section, any successor to any such company shall be deemed to be a bank holding company from the date as of which such predecessor company became a bank holding company. Notwithstanding the foregoing, (a) no company shall be a bank holding company hy virtue of its ownership or control of shares in a fiduciary capacity arising in the ordinary course of business; (b) no company shall be a bank holding company by virtue of its ownership or control of shares acquired by it in connection with its underwriting of hank shares and which are held only for such period of time as will permit the sale thereof upon a reasonable basis; (c) no company shall be a bank holding company by virtue of its ownership or control of shares acquired and held in the ordinary course of securing or collecting a debt previously contracted in good faith] AT LEAST ONE BANK.

(5) ‘MULTI-BANK HOLDING COMPANY’ MEANS A COMPANY WHICH DIRECTLY OR INDIRECTLY OWNS OR CONTROLS TWO OR MORE BANKS, TWO OR MORE BANK HOLDING COMPANIES, OR ONE OR MORE OF EACH.

[(4)] (6) ‘Subsidiary’ with respect to a specified bank holding eompany OR MULTI-BANK HOLDING COMPANY means;

(a) any BANK OR company, twenty- five percent (25%) or more of whose voting shares is owned or controlled by such bank holding company[;] OR MULTI-BANK HOLDING COMPANY, or

(b) any BANK OR company, the election of a majority of whose directors is controlled in any manner by such bank holding company[;] OR MULTI-BANK HOLDING COMPANY, or

(c) any BANK OR company, twenty- five percent (25%) or more of whose voting shares is held by trustees for the benefit of the shareholders or members of such bank holding company[.] OR MULTI-BANK HOLDING COMPANY, OR

(d) ANY NONBANKING COMPANY WHICH A BANK HOLDING COMPANY OR MULTI-BANK HOLDING COMPANY IS ALLOWED TO ACQUIRE CONTROL OR OWNERSHIP OF UNDER THE PROVISIONS OF SECTIONS 1841 ET SEQ. OF TITLE 12 OF THE UNITED STATES CODE ANNOTATED.

[(5) The term ‘successor’ shall include any company which acquires directly or indirectly from a bank holding com


pany shares of any bank, when and if the relationship between such company and the bank holding company is such that the transaction effects no substantial change in the control of the bank or beneficial ownership of such shares of such bank.

C. Prohibitions — Exceptions. It shall be unlawful:

(1) for any action to be taken hereafter which results in a company becoming a bank holding company as defined in this section;

(2) for any bank holding company hereafter to acquire direct or indirect ownership or control of any voting shares of any bank, if after such acquisition such company will directly or indirectly own or control more than five percent (5%) of the voting shares of such bank;

(3) for any bank holding company or subsidiary thereof, other than a bank, to acquire all or substantially all of the assets of a bank; or

(4) for any bank holding company to merge or consolidate with any other bank holding company.

Notwithstanding the foregoing, this prohibition shall not apply to (1) shares acquired by a bank, (a) in good faith in a fiduciary capacity, except where such shares are held for the benefit of the shareholders of such bank; or (b) in the regular course of securing or collecting a debt previously contracted in good faith, but any shares acquired after the date of enactment of this section in securing or collecting any such previously contracted debt shall be disposed of within a period of two (2) years from the date on which they were acquired; or (2) additional shares acquired by a bank holding company in a bank in which such bank holding company owned or controlled a majority of

the voting shares prior to such acquisition.]

(7) FOR PURPOSES OF THIS SECTION, A COMPANY HAS ‘DIRECT OR INDIRECT OWNERSHIP OR CONTROL’ OF A BANK OR OF ANOTHER COMPANY IF THE COMPANY DIRECTLY OR INDIRECTLY, OR ACTING THROUGH ONE OR MORE PERSONS, OWNS, CONTROLS, OR HAS POWER TO VOTE TWENTY-FIVE PERCENT (25%) OR MORE OF ANY CLASS OF VOTING SECURITIES OF THE BANK OR OTHER COMPANY. FOR THIS PURPOSE:

(a) VOTING SHARES OWNED OR CONTROLLED BY ANY SUBSIDIARY OF A COMPANY SHALL BE DEEMED TO BE INDIRECTLY OWNED OR CONTROLLED BY SAID COMPANY, AND

(b) VOTING SHARES HELD OR CONTROLLED DIRECTLY OR INDIRECTLY BY TRUSTEES FOR THE BENEFIT OF A COMPANY, THE SHAREHOLDERS OR MEMBERS OF A COMPANY, OR EMPLOYEES, OF A COMPANY, SHALL BE DEEMED TO BE CONTROLLED BY SAID COMPANY.

(8) IF THE COMPANY CONTROLS IN ANY MANNER THE ELECTION OF A MAJORITY OF THE DIRECTORS OR TRUSTEES OF THE BANK OR ANOTHER COMPANY SUCH BANK OR OTHER COMPANY SHALL BE DEEMED TO BE DIRECTLY OR INDIRECTLY OWNED OR CONTROLLED BY SAID COMPANY.

(9) FOR THE PURPOSES OF THIS SECTION THE COMPANY HAS CONTROL IF THE COMPANY HAS CON-

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TROL UNDER THE PROVISIONS OF THE FEDERAL “ BANK HOLDING COMPANY ACT OF 1956” (PUBLIC LAW 84-511) AS AMENDED OR IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATIONS PROMULGATED THERETO BY THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM; PROVIDED HOWEVER, THAT A REBUTTABLE PRESUMPTION OF CONTROL, UNDER THE TERMS OF EITHER SAID ACT OR THE REGULATIONS PROMULGATED THERETO SHALL NOT BE DEEMED TO BE CONTROL FOR THE PURPOSES OF THIS SECTION UNLESS A COURT, AFTER HEARING, SO DETERMINES, OR UNLESS SUCH DETERMINATION HAS BEEN MADE BY THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM AND SUCH DETERMINATION BY THE COURT OR THE BOARD HAS BECOME FINAL AND NO LONGER SUBJECT TO REVIEW.

(10) THE COMPANY HAS CONTROL FOR PURPOSES OF THIS SECTION IF PURSUANT TO SAID ACT AND REGULATIONS PROMULGATED THEREUNDER THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM HAS DETERMINED THAT THE COMPANY CONTROLS THE BANK OR OTHER COMPANY, OR DIRECTLY OR INDIRECTLY EXERCISES A CONTROLLING INFLUENCE OVER THE MANAGEMENT OR POLICIES OF THE BANK OR OTHER COMPANY, AND SUCH DETERMINATION HAS BECOME FINAL AND NO LONGER SUBJECT TO REVIEW.

C. FROM AND AFTER THE OPERATIVE DATE OF THIS ACT, A COMPANY MAY BE A MULTI-BANK HOLDING COMPANY AND HAVE DIRECT OR INDIRECT OWNERSHIP OR CONTROL OF TWO OR MORE BANKS OR BANK HOLDING COMPANIES, SUBJECT TO

THE LIMITATION PROVIDED FOR IN THIS SECTION.

D. LIMITATION. IT SHALL BE UNLAWFUL FOR A MULTI-BANK HOLDING COMPANY TO ACQUIRE DIRECT OR INDIRECT OWNERSHIP OR CONTROL OF A BANK OR BANK HOLDING COMPANY LOCATED IN THIS STATE IF SUCH ACQUISITION RESULTS IN THE MULTI-BANK HOLDING COMPANY HAVING DIRECT OR INDIRECT OWNERSHIP OR CONTROL OF BANKS LOCATED IN THIS STATE THE TOTAL DEPOSITS EXCEED FIFTEEN PERCENT (15%) OF THE AGGREGATE DEPOSITS OF ALL FINANCIAL INSTITUTIONS LOCATED IN OKLAHOMA, THE DEPOSITS OF WHICH ARE INSURED BY ORGANIZATIONS OR ENTITIES CREATED UNDER FEDERAL LAW, AS DETERMINED BY THE COMMISSIONER ON THE BASIS OF THE MOST RECENT REPORTS OF SUCH INSTITUTIONS IN OKLAHOMA TO THEIR SUPERVISORY AUTHORITIES WHICH ARE AVAILABLE AT THE TIME OF THE PROPOSED ACQUISITION. MULTI-BANK HOLDING COMPANY ACQUISITIONS OF OTHER MULTI-BANK HOLDING COMPANIES SHALL NOT BE EXEMPT FROM THIS LIMITATION.

E. THE BOARD OF DIRECTORS OF EACH BANK ACQUIRED BY A MULTIBANK HOLDING COMPANY SHALL HAVE NO LESS THAN THREE- FOURTHS (3/4) OF THE TOTAL DIRECTORS BEING FROM THE TRADE AREA IN WHICH THE BANK IS LOCATED.

F. THE LIMITATIONS PROVIDED FOR IN SUBSECTION D OF THIS SECTION SHALL NOT APPLY IN THE FOLLOWING CIRCUMSTANCES:

(1) CONTROL OF A BANK BY REASON OF OWNERSHIP OR CONTROL OF SHARES ACQUIRED BY A


BANK OR BY A BANK HOLDING COMPANY IN GOOD FAITH IN A FIDUCIARY CAPACITY, EXCEPT WHERE SUCH SHARES ARE HELD FOR THE BENEFIT OF THE SHAREHOLDERS OF SUCH BANK OR SUCH BANK HOLDING COMPANY; OR

(2) CONTROL OF A BANK BY REASON OF OWNERSHIP OR CONTROL OF SHARES ACQUIRED BY A BANK OR BY A BANK HOLDING COMPANY IN THE REGULAR COURSE OF SECURING OR COLLECTING A DEBT PREVIOUSLY CONTRACTED IN GOOD FAITH; OR

(3) THE ACQUISITION OF DIRECT OR INDIRECT OWNERSHIP OR CONTROL OF A BANK OR BANK HOLDING COMPANY AT THE REQUEST OF OR IN CONNECTION WITH THE EXERCISE OF REGULATORY AUTHORITY BY THE COMMISSIONER, THE BOARD, THE COMPTROLLER OF THE CURRENCY, THE FEDERAL DEPOSIT INSURANCE CORPORATION, OR THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM FOR THE PURPOSE OF PREVENTING IMMINENT FAILURE OF THE BANK OR TO PROTECT THE DEPOSITORS THEREOF AS DETERMINED BY SUCH AUTHORITY IN ITS SOLE DISCRETION. THE DEPOSITS OF THE ACQUIRED BANK SHALL NOT BE INCLUDED IN COMPUTING THE FIFTEEN PERCENT (15%) DEPOSIT LIMITATIONS SET FORTH IN SUBSECTION D OF THIS SECTION FOR A PERIOD OF FIVE (5) YEARS FROM THE DATE OF ACQUISITION. THE REGULATORY AUTHORITY SHALL GIVE ACQUISITION PRIORITY TO QUALIFIED PURCHASERS OR BIDDERS WHOSE TOTAL DEPOSIT CONTROL AT THE TIME OF ACQUISITION DOES NOT EXCEED THE FIFTEEN PERCENT (15%) DEPOSIT LIMITATION.

G. SO LONG AS THE ACQUISITIONS BY A MULTI-BANK HOLDING COMPANY OF CONTROL OF ONE OR MORE BANKS WERE EACH LAWFUL WHEN MADE PURSUANT TO THE PROVISIONS OF THIS SECTION THE MULTIBANK HOLDING COMPANY SHALL NOT BE SUBJECT TO ANY DIVESTITURE REQUIREMENT IF SUBSEQUENTLY THE TOTAL DEPOSITS OF THOSE BANKS SHOULD EXCEED FIFTEEN PERCENT (15%) OF THE AGGREGATE DEPOSITS OF ALL FINANCIAL INSTITUTIONS LOCATED IN OKLAHOMA, THE DEPOSITS OF WHICH ARE INSURED BY ORGANIZATIONS OR ENTITIES CREATED UNDER FEDERAL LAW, AS DETERMINED BY THE COMMISSIONER ON THE BASIS OF THE MOST RECENT REPORTS OF SUCH INSTITUTIONS IN OKLAHOMA TO THEIR SUPERVISORY AUTHORITIES WHICH ARE AVAILABLE AT THAT TIME.

H. A MULTI-BANK HOLDING COMPANY SHALL NOT ACQUIRE ANY BANK IN THIS STATE WHICH HAS BEEN CHARTERED FOR LESS THAN FIVE (5) YEARS. PROVIDED, HOWEVER, THAT A MULTI-BANK HOLDING COMPANY MAY ACQUIRE ANY BANK IN THIS STATE WHICH HAS BEEN CHARTERED FOR LESS THAN FIVE (5) YEARS IF THE BANK’S APPLICATION FOR CHARTER WAS FILED, ACCEPTED OR GRANTED PRIOR TO THE OPERATIVE DATE OF THIS ACT.

I. A MULTI-BANK HOLDING COMPANY SHALL NOT ACQUIRE ANY CHARTERED BANK AND OPERATE SUCH BANK AS A BRANCH OF ANY OTHER CHARTERED BANK.

J. A MULTI-BANK HOLDING COMPANY SHALL NOT APPLY FOR OR OBTAIN A DE NOVO CHARTER.

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K. A STATE BANK, NATIONAL BANK IN THIS STATE, BANK HOLDING COMPANY OR MULTI-BANK HOLDING COMPANY SEEKING TO ACQUIRE A STATE BANK OR NATIONAL BANK IN THIS STATE OR A NONBANKING COMPANY THAT SUBMITS AN APPLICATION FOR APPROVAL TO THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM PURSUANT TO THE PROVISIONS OF SECTIONS 1841 ET SEQ. OF TITLE 12 OF THE UNITED STATES CODE ANNOTATED SHALL ALSO SUBMIT A COPY OF SUCH APPLICATION TO THE BOARD.

L. THE DISTRICT COURT SHALL HAVE JURISDICTION TO DETERMINE ALL QUESTIONS OF COMPLIANCE WITH THE PROVISIONS OF THIS SECTION. THE DECISION OF THE DISTRICT COURT SHALL BE APPEAL- ABLE TO THE SUPREME COURT IN THE SAME MANNER AS IN OTHER CIVIL CASES.

M. REPORTS AND EXAMINATIONS. EACH BANK HOLDING COMPANY AND MULTI-BANK HOLDING COMPANY WHICH DIRECTLY OR INDIRECTLY OWNS, CONTROLS OR HAS POWER TO VOTE TWENTY-FIVE PERCENT (25%) OR MORE OF THE VOTING SHARES OF ONE OR MORE BANKS SHALL FURNISH A COPY OF THE ANNUAL REPORT OF THE OPERATIONS OF THE BANK HOLDING COMPANY OR MULTI-BANK HOLDING COMPANY WHICH IS SUBMITTED TO THE FEDERAL RESERVE BANK FOR EACH FISCAL YEAR TO THE COMMISSIONER.

[D.] N. Penalties. Any company which intentionally and willfully violates any provisions of this section [shall], upon conviction, SHALL be fined not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) for each

day during which the violation continues. Any individual who intentionally and willfully participates in a violation of any provision of this section shall, upon conviction, be fined not more than Ten Thousand Dollars ($10,000.00) or imprisoned not more than one (1) year, or both SUCH FINE AND IMPRISONMENT.

SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 504 of Title 6, unless there is created a duplication in numbering, reads as follows:

The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Section 41 of Article IX of the Constitution of the State of Oklahoma, to read as follows:

Section 41. [No] NOTWITHSTANDING ANY OTHER SECTION TO THE CONTRARY, NO trust company, or bank or banking company, EXCEPT A BANK HOLDING COMPANY, shall own, hold, or control, in any manner whatever, the stock of any other trust company or bank or banking company, except such stock as may be pledged in good faith to secure bona fide indebtedness, acquired upon foreclosure, execution sale, or otherwise for the satisfaction of debt; and such stock shall be disposed of in the time and manner hereinbefore provided.

SECTIONS. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 505 of Title 6, unless there is created a duplication in numbering, reads as follows:

The Ballot Title for the proposed Constitutional amendment as set forth in SECTION 4 of this act shall be in the following form:

BALLOT TITLE





amending Section 41 of Article IX which provides for a bank holding company to own, hold and control stock in a trust company, bank or banking company






The President Pro Tempore of the Senate shall, immediately after the effective date of this act, prepare and file one copy thereof, including the Ballot Title set forth in SECTION 5 hereof, with the Secretary of State and one copy with the Attorney General.

SECTION 7. REPEALER 6 O.S. 1981, Sections 2061, 2062, 2063 and 2064 and Section 1, Chapter 132 and Sections 11 and 12, Chapter 352, O.S.L. 1971, are hereby repealed.

SECTION 8. The provisions of this act are severable and if any part or provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.

SECTIO N 9. This act shall becom eoperative January 1, 1984.

SECTION 10. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.”

Senator Randle moved to table the Giles- Leonard amendment to HB 1123, which motion to table was declared adopted upon roll call as follows:

Aye: Boatner, Cain, Cate, Clifton, Combs, Cullison, Dennis, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Luton, McCune, McDaniel, McIntyre, O’Connor, Pierce, Randle, Rhodes, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright and Young.—32.

Nay: Branch, Capps, Dahl, Dawson, Giles, Johnson, Landis, Leonard, Moore, Roberts, Winn and York.— 12.

Excused: Choate, Ford, Miller and Porter.—4.

Senator Ford moved to amend HB 1123, Page 1, Line 1, by adding new Sections 1,2 and 3 as follows:

“ Section 1. AMENDATORY 6 O.S.1981, Section 305, as amended by Section 6, Chapter 204, O.S.L. 1982 (6 O.S. Supp.1982, Section 305), is amended to read as follows:

Section 305. An application for authority to organize a state bank or trust company shall be submitted in quintuplicate and shall include the information set forth in subsection A hereof. Five copies of the proposed articles of incorporation and proposed bylaws shall be filed with the application. The application and articles of incorporation shall be executed and acknowledged by each of the organizers.

A. CONTENTS OF APPLICATION. The application shall include the following information:

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(1) The proposed location;

(2) The amount of the capital stock and the class or classes of capital stock proposed to be issued;

(3) The corporate name, which shall not be the same name used by any corporation previously organized in the community in which the proposed bank is to be located, or any imitation of such name. The name shall not be confusingly similar to that of any existing institution;

(4) The names of the subscribers to the capital stock and the amount of stock which each subscribed;

(5) The names of the persons, partnerships, associations or corporations which propose to own or control more than one-half ('/z) of the capital stock;

(6) The names of the proposed directors;

(7) Evidence of the character, financial responsibility and ability of the organizers and proposed directors;

[(8) Evidence of the need and advisability of granting such authority;

(9)] (8) The past and present connection with any bank or trust company, other than as a customer on terms generally available to the public, of each proposed director and each subscriber to more than five percent (5%) of the capital stock; and

[(10)] (9) Any other information which the Commissioner may require[.] PROVIDED THAT SUCH INFORMATION MAY NOT BE MORE THAN THAT REQUIRED BY THE COMPTROLLER OF THE CURRENCY FOR A BANK APPLYING FOR A NATIONAL CHARTER.

B. CAPITAL STOCK FULLY SUBSCRIBED. The application shall contain a statement that the capital stock has been fully subscribed and that the requirements of Sections 303 and 304 have been met. The statement shall be signed by the organizers and verified under oath.

C. PROPOSED ARTICLES OF INCORPORATION. The proposed articles of incorporation shall contain the following:

(1) The name of the bank or trust company;

(2) If the bank is to exercise trust powers, a statement to that effect;

(3) The community in which it is to be located;

(4) The amount of capital, the number of shares of each class, the relative preferences, powers and rights of each class, the par value of the shares of each class and the amount of the paid-in surplus;

(5) A statement whether voting for directors shall or shall not be cumulative and the extent of the preemptive rights of stockholders;

(6) The names and places of residence of the organizers and the number of shares subscribed by each;

(7) The term of its existence, which shall be perpetual;

(8) The board of directors of the proposed bank or trust company composed of not less than three of the organizers who shall serve until the next annual meeting of the stockholders, or until their successors are regularly elected and qualified; and

(9) Such other proper provisions to govern the business and affairs of the bank or trust company as may be desired by the orga-


Section 2. AMENDATORY Section 8, Chapter 204, O.S.L. 1982 (6 O.S. Supp. 1982, Section 307.1), is amended to read as follows:

Section 307.1 A. Objectives. The primary objectives of the Commissioner and the Banking Board shall be to maintain a sound banking system, to encourage a competitive banking environment and to provide convenience to the public.

B. Investigation. Upon acceptance of an application for authority to organize a state bank or trust company, the Commissioner shall make or cause to be made an investigation of the facts surrounding the application. The investigation shall include interviews with each organizer and proposed director, with a representative sampling of businessmen in the community which applicant bank or trust company proposes to serve and with a representative sampling of the members of the public in the community. The investigation shall seek to determine the probable support for the new bank or trust company, AND the community standing or reputation of the organizers and proposed directors[, and the adequacy of existing facilities and services in the community].

The investigation shall address the proposed institution’s earnings and deposit prospects, the ability of proposed management, the adequacy of initial capital, the safety and soundness of intended operations and economic and competitive conditions in the market to be served. [Economic analysis shall include a review of the growth potential of the proposed market, and the growth rate and size of financial institutions in the market area.]

C. Comments or objections. Within twenty-one (21) days after notice by publication as described in Section 7 of this act, any interested person may submit to the Commissioner written comments or objections to organization of the proposed bank, or a request for an opportunity to be heard. Any request for opportunity to be heard shall set

forth reasons justifying the time and expense entailed by such hearing. In the absence of a request, the Commissioner may order a hearing to be held if it is in the public interest.

Section 3. AMENDATORY Section 11, Chapter 204, O.S.L. 1982 (6 O.S. Supp. 1982, Section 310), is amended to read as follows:

Section 310. A. Criteria. The Board, at its discretion, may give consideration to the following in arriving at its decision:

1. The character, financial responsibility and business experience of the organizers and proposed directors;

[2. The adequacy of the existing banking facilities in the community,

3] 2. The economic and competitive conditions in the community;

[4] 3. The likelihood of successful operation of the proposed institution; and

[5] 4. The adequacy of initial capital, proposed earnings and deposit prospects of the proposed institution.

PROVIDED THAT IF THE APPLICANT HAS MET ALL REQUIREMENTS SET FORTH IN SECTIONS 301 ET SEQ OF THIS TITLE, THE BOARD SHALL GRANT AUTHORITY TO THE APPLICANT TO ORGANIZE A STATE BANK. THE BOARD, IN ITS SOLE DISCRETION, SHALL APPROVE OR DENY THE APPLICATION AND SHALL NOTIFY THE APPLICANT OF ITS DECISION AND SUCH DECISION SHALL NOT BE APPEALABLE.

B. Condition. Approval of an application for authority to organize a state bank shall be contingent upon the proposed bank making a bona fide application for Federal Deposit Insurance or for membership in the Federal Reserve System.

C. Notice. Notice of approval or disapproval of the application shall be mailed to

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the applicant within one hundred seventy (170) days of the Commissioner’s acceptance of the application for filing. Other interested persons submitting a written request for notice shall also be notified.”

and renumber, which amendment was declared adopted.

Senator Boatner moved to amend HB 1123, Page 2, Line 12, by striking after the word “ located” and before the period on Line 14 all language and insert in lieu thereof the following: “ within the corporate limits of the municipality in which the bank’s main office is located” , which amendment was declared adopted.

Senator Schuelein moved to amend HB 1123, Page 3, Line 7, as follows: By striking after the word “ than” and before the word “ feet” the language “ one thousand (1,000)’ ’ and inserting in lieu thereof ‘ ‘three hundred thirty (330) ” and Page 3, Line 8, by striking after the word “ building” the word “ or” and inserting a period; and Page 3, Line 9, by striking all language on the line “ branch building of any other bank.” , which amendment was declared adopted upon a division of the question.

Senator Boatner moved to amend HB 1123, Page 5, Line 11, by striking after the word ‘ ‘exceed’ ’ and before the word “ shall” on Line 12 the words and figure “ ten thousand dollars ($10,000.00)” and inserting in lieu thereof the words and figure “ five thousand dollars ($5,000.00)” , which amendment was declared adopted.

Senator Green moved to amend HB 1123, Page 8, Line I'A, by adding a new paragraph 2 to read as follows: “ (2). located within three (3) miles of the main office if within the corporate limits of a city or town; or’ ’ and by renumbering subsequent paragraphs, which amendment was declared adopted upon a division of the question.

Senator Boatner moved to amend HB 1123, Page 8, Line 8, by striking after the word “ within” and before the word “ of” the language “ 35 miles” and insert in lieu “ 25 miles” , which amendment was tabled upon motion of Senator Stipe.

Senator Schuelein moved to amend HB 1123, Page 8, Lines 14 and 15 by striking after the word “ than’ ’ on Line 14 and before the word “ feet” on Line 15 the language “ one thousand (1,000)’ ’ and inserting in lieu thereof “ three hundred thirty (330)” and Page 8, Line 15 by inserting after the word “ any” and before the word “ main” the word “ other” and Page 8, Line 16 by striking after the letters of a separated word “ fice” the language “ or branch bank building” , which amendment was declared adopted.

Senator Randle moved to amend HB 1123, Page 10, Lines 17 and 18 by striking after the word “ exceed” on Line 17 and before the comma on Line 18 the words “ Ten Thousand Dollars ($10,000.00)” and inserting in lieu thereof the following: “ Five Thousand Dollars ($5,000.00)” , which amendment was declared adopted.

Senator Boatner moved to amend HB 1123, Page 22, Line 16, by striking after the word “ exceed” and before the word “ of” the words and figure “ fifteen percent (15%)” and insert “ ten percent (10%)” and Page 25, Lines 10 and 17 by striking the word and figure “ fifteen percent (15%)” and insert “ ten percent (10%)” and Page 26, Line 8, by striking “ fifteen percent (15%)” and insert “ ten percent (10%)” , which amendment was declared adopted upon a division of the question.

Senator Stipe moved to amend HB 1123, Page 22, Line 17, by adding after the word “ institutions” and before the word “ located” on Line 18 the following: “ insured by the Federal Deposit Insurance Corporation (FDIC), Federal Savings and Loan In


surance Corporation (FSLIC), National Credit Union Administration (NCUA)” , which amendment was declared adopted.

Senators Leonard and Boatner moved to amend HB 1123, Page 26, Lines 1 through 17 by striking all language and reletter subsequent subsections.

Senator Randle moved to table the Leonard-Boatner amendment to HB 1123, which tabling motion was declared failed of adoption upon roll call as follows:

Aye: Cate, Clifton, Combs, Cullison, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Luton, McCune, Moore, O’Connor, Randle, Rhodes, Smith, Terrill, Watson and Wright.—20.

Nay: Boatner, Branch, Cain, Capps, Choate, Dawson, Dennis, Ford, Giles, Johnson, Landis, Leonard, McDaniel, Pierce, Porter, Roberts, Rozell, Schuelein, Shed- rick, Stipe, Taliaferro, Taylor, Winn, York and Young.—25.

Excused: Dahl, McIntyre and Miller.—3.

Senator Boatner pressed the motion to adopt the Leonard-Boatner amendment to HB 1123, which amendment was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Choate, Dawson, Dennis, Ford, Giles, Johnson, Landis, Leonard, McDaniel, Pierce, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Winn, York and Young.— 23.

Nay: Cate, Clifton, Combs, Cullison, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Luton, McCune, Moore, O’Connor, Randle, Rhodes, Smith, Stipe, Terrill, Watson and Wright.—21.

Excused: D ahl, M cIntyre, M iller and Porter.— 4.

Senator York moved to amend HB 1123, Page 26, Line 18, by striking subsection “ H” and inserting a new subsection “ H” as follows: “ H. A bank which the application for charter was filed, accepted or granted after the operative date of this act shall not be acquired by a multi-bank holding company for a period of five (5) years.” and renumber, which amendment was declared adopted.

Senator York moved to amend HB 1123, Page 30, Lines 9 and 10, by striking Section 6 and renumbering subsequent section, which amendment was declared adopted.

Senator Randle moved that HB 1123 be advanced, which motion was declared adopted.TH IRD READING



Aye: Boatner, Cain, Cate, Clifton, Combs, Dawson, Dennis, Ford, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Luton, McCune, McDaniel, McIntyre, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright and Young.—33.

Nay: Branch, Capps, Choate, Cullison, Dahl, Giles, Howell, Landis, Leonard, Rozell, Shedrick, Winn and York.— 13.

Excused: Miller and Moore.—2.




A dvising fourth reading o f and returningEnrolled S B s 5 and 146.

596 Senate Journal






HAs to SB 134 were rejected upon motion of Senator Keller, Conference requested, and Senate Conferees to be appointed later.


Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HJR 1023 was ordered granted, President Pro Tempore York appointing as

' Seriate Conferees the following: Senators York, Randle and Kilpatrick.

CONFERENCE COMMITTEE APPOINTMENT

President Pro Tempore York appointed the following as the Senate conferees on the Special Conference Committee on Retirement Laws:

ShedrickKilpatrickRandleYoungWatson



Advising passage of and returning Engrossed SB 145, coauthored by Fried, Vaughn, Leftwich, Thompson, Lawter, Kel

ly, Brown, Gray, Fair and Monks of the House and SB 173.


GENERAL ORDER

HB 1116 by Lewis and Cotner of the House and Clifton of the Senate was called up for consideration.


Senator Dawson moved to amend HB 1116, Page 2, Line 5, by adding after the word “ or” and before the word “ corporation” the words “ non-public service” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Lamb, Landis, Leonard, Luton, McCune, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright and Young.—39.

Excused: Cate, Choate, Kilpatrick, McDaniel, McIntyre, Miller, Porter, Winn and York.—9.

The bill passed.




Advising Conference granted on Engrossed SB 117, and naming House Conferees as follows: Joiner, Fried and Brown.


Advising rejection of SAs to Engrossed HBs, requesting Conference and naming Conferees, as follows:

HB 1204 — Lawter, Kelly and FitzgibbonHB 1215 — Williams (Freddye), McCor-

kell and AdairHB 1367 — Kincheloe, Twidwell and

VirtueHB 1372 — Deatherage, Hobson and

LewisHB 1419 — Brewster, Hobson and Lewis

DECLARATION OF VOTE

Senator Moore asked that the record reflect had he been present at the time of Third Reading of HB 1123 he would have voted “ Nay” , which was the order.

CHANGE IN CONFEREES

Senator Schuelein asked unanimous consent, which was granted, to withdraw HBs 1140 and 1151 from special conference and refer same to the Special Conference Committee on Retirement Laws.



HB 1208.


HAs to SB 282 were rejected upon motion of Senator Terrill, Conference requested, and Senate Conferees to be appointed later.




HAs to SB 101 were concurred in upon motion of Senator Giles upon a division of the question.



Aye: Boatner, Branch, Capps, Choate, Clifton, Dahl, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Landis, Luton, McDaniel, Moore, O’Connor, Rhodes, Rozell, Schuelein, Shedrick, Smith, Taliaferro and Watson.—25.

Nay: Cain, Combs, Cullison, Dawson, Lamb, Leonard, McCune, McIntyre, Pierce, Porter, Randle, Roberts, Stipe, Terrill, Wright and Young.— 16.

Excused: Cate, Dennis, Kilpatrick, Miller, Taylor, Winn and York.—7.

The bill passed.


Pursuant to Rule 12-24 Senator Giles moved that the vote be reconsidered whereby SB 101 passed.

598 Senate Journal

GENERAL ORDER

HB 1360 by Graves of the House and Smith of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O ’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Terrill, Watson, Wright, York and Young.—42.

Excused: Cate, Dennis, Kilpatrick, Miller, Taylor and Winn.—6.

The bill passed.


COMMITTEE REPORTS


DO PASS:



HB 1065 — Appropriations.HB 1071 — Appropriations.HB 1073 — Appropriations.HB 1085 — Appropriations.HB 1090 — Appropriations.HB 1092 — Appropriations.HB 1182 — Appropriations.HB 1218 — Appropriations, coauthored

by Porter (principal Senate author).HB 1264 — Appropriations, coauthored

by Roberts (principal Senate author).HB 1296 — Appropriations.HB 1353 — Appropriations.HB 1370 — Appropriations.


Advising approval by him. May 3, 1983, of Enrolled SBs 94, 104 and 198.

BILL RELEASED


Senator Schuelein moved that, when the clerk’s desk is clear, the Senate stand adjourned to convene Thursday, May 5, 1983, at 11:00 a.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at4:35 p.m. to meet Thursday, May 5, 1983, at 11:00 a.m.

Sixty-third Legisiative DayThursday, May 5,1983


Roll Call:

Present: Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Terrill, Watson, Winn, York and Young.—41.

Excused: Capps, Choate, Dennis, Johnson, Miller, Taylor and Wright.—7.







HBs 1075, 1076, 1077, 1078, 1116, 1123, 1248 and 1257 were each correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.

SBs 145 and 173 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.MOTION TO RECONSIDER VOTE

Senator Giles moved that the vote be reconsidered whereby SB 101 passed, which motion was tabled upon motion of Senator Landis.



HAs to SB 305 were rejected upon motion of Senator York, Conference requested, and Senate Conferees appointed as follows: Senators York, Kilpatrick and Green.


HAs to SB 162 were rejected upon motion of Senator Schuelein, Conference requested.

600 Senate Journal

and Senate Conferees appointed as follows: Senators Dennis, Shedrick and Stipe.

CONFEREES NAMED

Senator Schuelein announced the appointment of conferees on the following SBs:

SB 134 — Keller, Luton and Clifton SB 137 — Terrill, Watson and Taliaferro SB 282 — Terrill, Watson and Luton

GENERAL ORDER

HB 1129 by Blodgett, et al, of the House and Landis of the Senate was called up for consideration.



THIRD READING



Aye: Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Giles, Green, Hopkins, Howell, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Terrill, Watson, Winn, York and Young.—38.

Excused: Capps, Choate, Dennis, Ford, Johnson, Keller, Miller, Randle, Taylor and Wright.— 10.



BILL WITHDRAWN — REREFERRED

Senator Schuelein asked unanimous consent to withdraw HB 1048 from the Calendar and rerefer same to the Appropriations Committee, which was the order.

GENERAL ORDER

HB 1212 by Hobson of the House and Landis of the Senate was called up for consideration.

Senator York asked to coauthor HB 1212, which was the order.

Senator Howell moved to amend HB 1212, Pages 20 and 21, Line 17, by striking after the word “ determine,” on Line 17 and before the word “ Provided” on Page 21, Line 1, the new language, which amendment was declared adopted.

Senator Landis moved to amend HB 1212, Page 1, by crippling the Title, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Cate, Combs, Cullison, Ford, Giles, Green, Howell, Kilpatrick, Landis, Luton, McIntyre, O’Connor, Porter, Rhodes, Schuelein, Shedrick, Stipe, Taliaferro, Terrill, Watson, Winn, York and Young.—26.

Nay: Dahl, Dawson, Hopkins, Lamb, Leonard, McCune, McDaniel, Moore, Pierce, Roberts, Rozell and Smith.— 12.

r

Sixty-third Legislative Day, Thursday, May 5, 1983 601

Excused: Capps, Choate, Clifton, Dennis, Johnson, Keller, Miller, Randle, Taylor and Wright.— 10.

The bill passed.



Advising Conference granted on Engrossed SB 240, and naming House Conferees as follows: Hooper, Harris and Kinche- loe.

INTRODUCTION

Senator Moore introduced his daughter, Nesta Renea, to the Senate and asked unanimous consent, which was granted, that she be named honorary page for this legislative day.



SB 161, coauthored by Cotner of the House.

SB 172.SB 276.



HAS to SB 123 were concurred in upon motion of Senator Landis.



Aye: Branch, Cain, Cate, C lifton,C om bs, C ullison, D ahl, D aw son , Ford,

Giles, Green, Hopkins, Howell, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Shedrick, Smith, Stipe, Watson, Winn and York.—35.

Nay: Boatner, Schuelein, Taliaferro, Terrill and Young.—5.

Excused: Capps, Choate, Dennis, Johnson, Keller, Miller, Taylor and Wright.—8.




Senator Terrill moved that the vote be reconsidered whereby HB 1245 failed of passage, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Cain, Cate, Clifton, Combs, Cullison, Giles, Green, Hopkins, Kilpatrick, Lamb, Luton, McIntyre, O’Connor, Porter, Randle, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Terrill, Winn, York and Young.—25.

Nay: Branch, Dahl, Dawson, Ford, Howell, Landis, Leonard, McCune, Moore, Pierce, Rhodes, Roberts and Rozell.— 13.

Excused: Capps, Choate, Dennis, Johnson, Keller, McDaniel, Miller, Taylor, Watson and Wright.— 10.

The Chair advised that Senator McDaniel, having been present in the Chamber during the vote on HB 1245 would be shown voting “ Nay” in compliance with Rule 14-IB. The vote thereby resulted as follows: Aye: 25; Nay: 14; Excused: 9.

602 Senate Journal

THIRD READING



Aye; Boatner, Cain, Cate, Clifton, Hopkins, Kilpatrick, Luton, McDaniel, McIntyre, Porter, Randle, Smith, Stipe, Taliaferro, Terrill, Watson, Winn, York and Young.— 19.

Nay; Branch, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Howell, Lamb, Landis, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein and Shedrick.—21.

Excused; Capps, Choate, Dennis, Johnson, Keller, Miller, Taylor and Wright.—8.

The bill failed.



GENERAL ORDER

HB 1235 by Lewis of the House and Cullison of the Senate was called up for consideration.

Senator Cullison moved that HB 1235 be advanced, which motion was declared adopted.

THIRD READING



Aye; Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Moore, O’Connor, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Terrill, Watson, Winn, York and Young.—37.

Excused; Capps, Choate, Dennis, Johnson, Keller, McIntyre, Miller, Pierce, Porter, Taylor and Wright.— 11.

The bill passed.



Advising of change in House Conferee on Engrossed HB 1215, as follows;

Substitute Sanders for Adair.

Advising that House Conferees on Engrossed HB 1372 are Deatherage, Barker and Henry instead of those listed on message dated May 4, 1983.

GENERAL ORDER

HB 1079 by Reimer, et al, of the House and Winn of the Senate was called up for consideration.

Senator Winn moved to amend HB 1079, Page 1, by crippling the Title, which amendment was declared adopted.


THIRD READING



Sixty-third Legislative Day, Thursday, May 5, 1983 603

Aye: Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedriek, Smith, Taliaferro, Terrill, Watson, Winn, York and Young.—35.

Nay: Moore.— 1.

Excused: Capps, Choate, Dennis, Johnson, Keller, Kilpatrick, Miller, Pierce, Porter, Stipe, Taylor and Wright.— 12.

The bill passed.


GENERAL ORDER

HB 1337 by Williamson of the House and Smith of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Cain, Cate, Clifton, Combs, Cullison, Dahl, Green, Hopkins, Howell, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Terrill, Watson, Winn and Young.— 31.

Nay: Branch, Dawson, Giles and Land-

Excused: Capps, Choate, Dennis, Ford, Johnson, Keller, Kilpatrick, Miller, Porter, Stipe, Taylor, Wright and York.— 13.

The bill passed.



The Senate reassembled in its Chamber with Senator Cullison presiding. Senator Schuelein questioned a quomm. The Presiding Officer ordered the roll called, following which a quorum was declared present.


Advising rejection of CCR to Engrossed HJR 1023, requesting further Conference and naming same Conferees as follows: Draper, Mentzer and Barker.





Upon motion of Senator Schuelein, the request of the Honorable House for further Conference on HJR 1023 was ordered granted. President Pro Tempore York appointing same Senate Conferees as follows: Senators York, Kilpatrick and Randle.



r

604 Senate Journal

HB 1204 — Luton, Stipe and Hopkins HB 1215 — Howell, Rozell and Shed-

rickHB 1367 — Howell, Combs and Kilpat

rickHB 1372 — Randle, Kilpatrick and Mc

DanielHB 1419 — Combs, Roberts and York

BILLS RELEASED

HBs 1235 and 1337 were properly signed

and ordered returned to the Honorable House.


Upon motion of Senator Schuelein, the Senate adjourned at 1:25 p.m. to meet Monday, May 9, 1983, at 1:30 p.m.

Sixty-fourth Legislative DayMonday, May 9,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.

Excused: Johnson.— 1.


The prayer was offered by Dr. Larry Wile- man, First Baptist Church, Ada, the guest of Senator McDaniel.



The above numbered Enrolled H B s were,after fourth reading, properly signed andordered returned to the Honorable H ouse.


HBs 1079,1129 and 1212 were each correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.



Advising of prior rejection of SAs to Engrossed HBs 1125, 1140, 1151 and 1153,and referring same to Special Conference Committee on Retirement Laws.


Advising Conference granted on Engrossed SBs 72, 177 and 183, and referring same to Special Conference Committee on Retirement Laws.

GENERAL ORDER

HB 1278 by Brown, et al, of the House and McDaniel of the Senate was called up for consideration.

606 Senate Journal

Senator McDaniel moved to amend HB 1278, Page 1, by crippling the Title, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright and York.—40.

Excused: Cate, Hopkins, Johnson, Miller, Pierce, Randle, Terrill and Young.—8.

The bill passed.



Advising the Honorable Senate of the naming of House Conferees to Special Conference Committee on Retirement Laws, as follows:

AbbottSmith (Jerry)HoltWillisDraper

GENERAL ORDER

HB 1404 by Harbin of the House and Clifton of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright and York.—41.

Excused: Cate, Johnson, Miller, Moore, Randle, Terrill and Young.—7.





SB 134 — Lawter, Harris and HenrySB 137 — Hall, Twidwell and ThompsonSB 206 — Hill, Joiner and Sherrer

GENERAL ORDER

HB 1146 by Deatherage, et al, of the House and York of the Senate was called up for consideration.

Senator York moved that HB 1146 be advanced, which motion was declared adopted.

Sixty-fourth Legislative Day, Monday, May 9, 1983 607

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright and York.—40.

Excused: Cate, Ford, Johnson, Miller, Moore, Randle, Terrill and Young.—8.

The bill passed.


GENERAL ORDER

HB 1231 by Brown, et al, of the House and Leonard and Combs of the Senate was called up for consideration.

Senator McCune asked to coauthor HB 1231, which was the order.


THIRD READING



Aye: Boatner, Branch, Cain, Capps,Choate, C lifton , C om bs, C ullison , D ahl,D aw son , D ennis, G iles , H opkins, H ow ell,

Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Watson, Winn and Wright.—38.

Nay: Ford, Green, Smith and Stipe.—4.

Excused: Cate, Johnson, Miller, Terrill, York and Young.—6.

The bill passed.


GENERAL ORDER

HB 1393 by Davis (Frank) of the House and Watson, et al, of the Senate was called up for consideration.

Senator Watson moved to amend HB 1393, Page 1, by crippling the Title, which amendment was declared adopted.


THIRD READING



Aye: Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Howell, Kilpatrick, McCune, McDaniel, McIntyre, Moore, O’Connor, Randle, Rhodes, Roberts, Rozell, Shedrick, Smith, Taylor, Watson, Winn, Wright and York.—28.

Nay: Boatner, Branch, Dawson, Green, Hopkins, Keller, Lamb, Landis, Leonard, Luton, Pierce, Porter, Schuelein, Stipe and Taliaferro.— 15.

608 Senate Journal

Excused: Cate, Johnson, Miller, Terrill and Young.—5.

The bill passed.


GENERAL ORDER

HJR 1012 by Converse, et al, of the House and Roberts, et al, of the Senate was called up for consideration.

Senator Roberts moved to amend HJR 1012, by striking the Title, the resolving clause and the entire body of the resolution and substituting the following:

“ A joint resolution authorizing the Governor to accept monuments in honor of and dedicated to the men and women of Oklahoma who served in the Armed Forces of the United States during certain periods; providing for location and design of such monuments; repealing House Joint Resolution 1036, as enacted by the Second Regular Session of the 38th Oklahoma Legislature; and directing distribution.

WHEREAS, the men and women of Oklahoma who served in the Armed Forces of the United States during the periods beginning June 27, 1950, and ending January 31, 1955; and beginning August 5, 1964, and ending May 7, 1975, endangered their lives and their safety on behalf of the citizens of their home state; and

WHEREAS, many of these men and women were injured physically and mentally, in both Korea and Vietnam; and

WHEREAS, many of these men and women lost their lives in Korea and Vietnam during these periods of eonfliet and will never know the deep sense of gratitude felt by the citizens of Oklahoma; and

WHEREAS, the people of this state are deeply appreciative of the public service and sacrifice of these men and women; and

WHEREAS, Korean veterans and Vietnam veterans of the State of Oklahoma are riehly deserving of the recognition and the appreciation of the citizens of Oklahoma; and

WHEREAS, the Disabled American Veterans, the Oklahoma Vietnam Veterans and many other public-spirited citizens have expressed the desire to have a monument to these men and women erected on the Capitol grounds, and have expressed a willingness to supply and erect this monument on the Capitol grounds, provided the State of Oklahoma is willing to permit said monument to be placed there.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 1ST SESSION OF THE 39TH OKLAHOMA LEGISLATURE:

SECTION I . The Governor is hereby authorized to accept from the Oklahoma Vietnam Veterans through the Disabled American Veterans, Chapter 74, a monument in honor of and dedicated to the men and women of Oklahoma who served in the Armed Forces of the United States at any time during the period beginning August 5, 1964, and ending May 7, 1975.

SECTION 2. The Governor is also hereby authorized to accept a monument in honor of veterans of the Korean conflict from any public-spirited citizens who would be willing to supply and ereet such a monument on the Capitol grounds.

SECTION 3. These monuments are to be built or assembled in a suitable location on the Capitol grounds, as determined by the State Board of Public Affairs, at no expense to the state other than routine maintenance. The design of the monuments shall be approved by the State Board of Public Affairs in cooperation with the State Arts Council of Oklahoma.


SECTION 4. REPEALER House Joint Resolution 1036, as enacted by the Second Regular Session of the 38th Oklahoma Legislature, is hereby repealed.

SECTION 5. Copies of this resolution shall be distributed to the Governor, to the State Board of Public Affairs, and to the Oklahoma Vietnam Veterans providing such a monument.” , which amendment was declared adopted.

Senator Roberts moved that HJR 1012 be advanced, which motion was declared adopted.

THIRD READING


On the question of passage of the resolution, the roll call resulted as follows;

Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O ’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright and York.—42.

Excused: Cate, Dahl, Johnson, Miller, Terrill and Young.—6.



GENERAL ORDER

HB 1142 by Lewis of the House and Clifton of the Senate was called up for consideration.

Senator C lifton m oved to amend H B1142, Page 1, by crippling the T itle, whichamendm ent was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright and Y o r k .^ 3 .

Excused: Dahl, Johnson, Miller, Terrill and Young.—5.

The bill passed.


GENERAL ORDER

HB 1186 by Henry of the House and Clifton of the Senate was called up for eonsideration.


THIRD READING



Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison,

610 Senate Journal

Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright and Y ork .-^3 .

Excused: Dahl, Johnson, Miller, Terrill and Young.— 5.

The bill passed.


GENERAL ORDER

HB 1141 by Deatherage, et al, of the House and Cate and Clifton of the Senate was called up for consideration.

Senator Cate moved to amend HB 1141, Page 7, Line 6, by adding after the word “ proceedings” the following: “ until further order of the court.”

Senator Cate asked unanimous consent, which was granted, that HB 1141 with the Cate amendment be laid over temporarily.

GENERAL ORDER

HB 1230 by Vaughn of the House and Combs of the Senate was called up for consideration.

Senator Howell moved to amend HB 1230, Page 4, Lines 16 and 17 by striking after the word “ organizations” on Line 16 and before the word “ provide” on Line 17 the word “ shall” and restore the word “ may” .

Senator Combs moved to table the Howell amendment to HB 1230, which motion to table was declared failed of adoption upon a division of the question.

Senator Howell pressed his motion to adopt his amendment to HB 1230, which amendment was declared adopted.


THIRD READING



Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Kilpatrick, Luton, McCune, McDaniel, McIntyre, Porter, Randle, Rhodes, Roberts, Rozell, Shedrick, Smith, Stipe, Taylor, Watson, Winn, Wright and York.—33.

Nay: Boatner, Dawson, Keller, Lamb, Landis, Leonard, Moore, O’Connor, Pierce, Schuelein and Taliaferro.— 11.

Excused: Johnson, Miller, Terrill and Young.—4.

The bill passed.


GENERAL ORDER


Senator Cate pressed his motion to adopt his amendment to HB 1141, Page 7, Line 6, which amendment was declared adopted.

Senator Stipe moved to amend HB 1141, Page 3, Line S'/z, by adding a new paragraph “ 3 .” after the word “ parent;” to read as follows: “ 3. To a grandparent;” , and renumbering subsequent paragraphs, which amendment was declared adopted upon motion of Senator Cate.


Senior Cate moved to amend HB 1141, Page 7, Line 10, by deleting after the figure “ 11” and before the word “ hereby” the following language; “ and 12 are” and insert in lieu thereof the word “ is” , which amendment was withdrawn upon request of Senator Cate.

Senator Cate moved HB 1141 be advanced, which motion was declared adopted.

THIRD READING



Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Kilpatrick, Lamb, Leonard, Luton, McDaniel, O’Connor, Pierce, Randle, Shedrick, Smith, Taylor, Winn, Wright and York.—28.

Nay: Boatner, Giles, Howell, Keller, Landis, McCune, McIntyre, Moore, Porter, Rhodes, Roberts, Rozell, Schuelein, Stipe, Taliaferro and Watson.— 16.


The bill passed.

Senators Landis, Schuelein, Boatner and Giles desired to vote Aye on the emergency.

On the question of passage of the emergency, the vote resulted as follows; Aye; 32; Nay: 12; Excused; 4.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch. Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles. Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Watson, Winn, Wright and York.—43.

Excused: Johnson, Miller, Smith, Terrill and Young.—5.




GENERAL ORDER



612 Senate Journal

THIRD READING



Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Porter, Randle, Rozell, Shed- rick, Taliaferro, Taylor, Watson, Winn, Wright and York.— 35.

Nay; Dawson, Moore, Pierce, Rhodes, Roberts, Schuelein, Smith and Stipe.—8.

Excused: Johnson, Lamb, Miller, Terrill and Young.—5.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb,

Landis, Leonard, Luton, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright and York.—43.

Nay: McCune.— 1.




GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright and York.—41.

Nay; Dawson, McCune and Moore.—3.





GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright and York.




GENERAL ORDER


Senator Shedrick m oved that H B 1180 beadvanced, w hich m otion was declaredadopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell. Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O ’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright and Y o rk .^ 4 .





Senator Shedrick moved that the vote be reconsidered whereby HB 1034 failed of passage, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Kilpatrick, Lamb, Landis, Luton, McDaniel, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Watson, Winn. Wright and York.—35.

Nay: Keller, Leonard, McCune, McIntyre, Moore, O’Connor, Pierce, Porter and Smith.—9.


614 Senate Journal

THIRD READING

Senator Shedrick moved that the vote be reconsidered whereby HB 1034 was advanced, which motion was declared adopted.

GENERAL ORDER


Senator Shedrick moved to amend HB 1034, Pages 1 through 9 by striking all of Sections 1 and 2 and renumber subsequent section, which amendment was declared adopted.


THIRD READING



Aye; Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Kilpatrick, Lamb, Landis, Luton, McDaniel, Randle, Rhodes, Roberts, Rozell, Schue- lein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Winn, Wright and York.— 32.

Nay: Choate, Cullison, Dahl, Keller, Leonard, McCune, McIntyre, Moore, O’Connor, Pierce, Porter and Watson.— 12.

Excused: Johnson, Miller, Terrill and Young.— 4.

The bill passed.








GENERAL ORDER

HB 1272 by Hill et al, of the House and Clifton, et al, of the Senate was called up for consideration.

Senator Giles moved to amend HB 1272, Page 24, Line 7, by striking after the word “ increased” and before the word “ to” on Line 8, all language, which amendment was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Capps, Cate, Choate, Clifton, Cullison, Dahl, Dennis, Giles, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, O’Connor, Pierce, Rhodes, Roberts, Rozell, Stipe, Taliaferro, Taylor, Watson, Winn, Wright and York.—29.

Nay: Cain, Combs, Dawson, Ford, Green, Hopkins, Howell, McCune, McIntyre, Moore, Schuelein, Shedrick and Smith.— 13.

Excused: Johnson, Miller, Porter, Randle, Terrill and Young.—6.

Senator McDaniel moved to amend HB 1272, Page 26, Line 11V2, by adding a new Section 4 as follows: “ Section 4, Chapter 286, O.S.L. 1982 (69 O.S. Supp. 1982, Section 636.3) is amended to read as follows:


636.3 A. Counties shall enter into lease or lease-purchase contracts for road machinery and equipment with the Department of Transportation pursuant to the provisions of this act and may not otherwise lease road machinery or equipment except in the case of an emergency, when specialized road machinery or equipment for projects of short durations is required or for other road machinery or equipment not immediately available from the Department of Transportation, as may be needed for periods not to exceed thirty (30) days.

B. A county shall be eligible to enter into a lease or lease-purchase contract with the Department of Transportation for road machinery and equipment if it does not have sufficient funds available during any fiscal year for the purchase of such equipment. Provided, nothing in this act shall prohibit a county from purchasing road machinery and equipment if it has adequate funds appropriated during any fiscal year for such purpose.

C. Whenever a county desires to lease or lease-purchase road machinery and equipment it shall notify the Department of Transportation of its requirements and specifications. IF THERE ARE NO FUNDS AVAILABLE IN THE COUNTY ROAD MACHINERY AND EQUIPMENT REVOLVING FUND, THE DEPARTMENT OF TRANSPORTATION UPON NOTIFICATION THAT A COUNTY DESIRES TO LEASE OR LEASE-PURCHASE ROAD MACHINERY OR EQUIPMENT, SHALL CERTIFY TO THE COUNTY THAT FUNDS ARE NOT AVAILABLE FOR SUCH PURPOSES. THE COUNTY MAY THEN ENTER INTO A LEASE OR LEASE-PURCHASE AGREEMENT OR CONTRACT FOR THE REQUESTED ROAD MACHINERY OR EQUIPMENT ON FORMS PRESCRIBED BY THE ATTORNEY GENERAL. A COUNTY SHALL NOT PAY MORE THAN TEN PERCENT (10%) INTEREST IN SUCH A TRANSACTION.

D. Upon receiving such notification from a county the Department shall be authorized to purchase requested road machinery or equipment for lease or lease-purchase to that county or may lease or lease-purchase surplus or used road machinery and equipment to a county provided such machinery or equipment meets the requirements and specifications of the requesting county.

E. The Department of Transportation shall promulgate such rules and regulations and is authorized to require from the counties such information, forms and reports as are necessary for properly and efficiently administering this act.” , which amendment was declared adopted upon roll call as follows;

Aye: Boatner, Branch, Capps, Cate, Clifton, Cullison, Dahl, Dawson, Dennis, Giles, Landis, Luton, McDaniel, O ’Connor, Randle, Roberts, Rozell, Schuelein, Stipe, Taliaferro, Taylor, Winn and York.—23.

Nay: Cain, Choate, Combs, Ford, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Leonard, McCune, McIntyre, Moore, Rhodes, Shedrick, Smith, Watson and Wright.— 19.

Excused: Johnson, Miller, Pierce, Porter, Terrill and Young.—6.


THIRD READING



Aye: Boatner, Branch, Capps, Cate, Choate, Clifton, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Moore, O’Con

616 Senate Journal

nor, Pierce, Randle, Rhodes, Roberts, Ro- zell, Schuelein, Taliaferro, Taylor, Watson, Winn, Wright and York.— 36.

Nay: Cain, Combs, Keller, McCune, Shedrick, Smith and Stipe.—7.

Excused: Johnson, Miller, Porter, Terrill and Young.—5.



Pursuant to Rule 12-24 Senator McDaniel moved that the vote be reconsidered whereby HB 1272 passed.


HAs to SB 254 were concurred in upon motion of Senator Cate.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—41.

Nay: Keller, O’Connor and Pierce.— 3.

Excused: Johnson, Kilpatrick, Miller and T errill.-^ .

The bill passed.

Senator Kilpatrick desired to vote Aye on the emergency.





Transmitting the following Resolution, together with Conference Committee Report thereon, advising adoption of Conference Committee Report and passage of measure as amended:

HJR 1023 (2nd CCR).


The Senate reassembled in its Chamber with Senator Combs presiding. Senator Kilpatrick questioned a quorum. The Presiding Officer ordered the roll called, following which a quorum was declared present.


Senator McDaniel asked unanimous consent to suspend Rule 12-24B to consider his motion to reconsider HB 1272 on this legislative day, which was the order.

Senator McDaniel moved that the vote be reconsidered whereby HB 1272 passed, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green,


Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright and York.— 42.

Excused; Johnson, Luton, McIntyre, Moore, Terrill and Young.—6.

THIRD READING

Senator McDaniel moved that the vote be reconsidered whereby HB 1272 was advanced, which motion was declared adopted.

GENERAL ORDER

HB 1272 remains on General Order.


Advising rejection of SAs to Engrossed HBs 1169 and 1223, requesting Conference and House Conferees to be named later.


Advising rejection of SAs to Engrossed HBs 1075, 1076,1077 and 1078, requesting conference and referring Bills to GCCA.





The 2nd CCR on HJR 1023 was called up for consideration.

Senator Luton asked that his name be removed as a coauthor of HJR 1023, which was the order.

Senator Porter questioned a quorum. The Presiding Officer ordered the roll called, following which a quorum was declared present.

Senator York moved to adopt the CCR to HJR 1023 and to limit debate on the adoption of the CCR and Fourth Reading of same to 30 minutes for each side.

Senator Porter challenged the Chair on the York motion to limit debate and requested a ruling stating that he had not yielded the floor to allow consideration of any motion.

The Presiding Officer cited the provisions of Senate Rule 12-18 and ruled the York motion a prior motion.

Senator Stipe questioned the ruling of the Chair and asked to be recognized for a point of personal privilege, which was the order.

Senator York asked unanimous consent to withdraw his motion, which was the order.


Senator Porter questioned a quorum. The Presiding Officer ordered the roll called, following which a quorum was declared present.

Senator Wright presiding.

Senator Lamb questioned a quorum. The Presiding Officer ordered the roll called, following which a quorum was declared present.


Senator Schuelein moved to limit debate on the adoption of the CCR to HJR 1023, citing the provisions of Senate Rule 12-18, which motion was declared adopted.

Senator Luton questioned the presence of a quorum, the Presiding Officer ordered the

618 Senate Journal

roll called, following which a quorum was declared present.

Senator Young moved to reject the 2nd CCR on HJR 1023 and instruct the Senate Conferees to strike Section 4, which motion was tabled upon motion of Senator York.

Senator Porter moved to adjourn, which motion was declared failed of adoption upon roll call as follows:

Aye: Branch, McIntyre, Miller, Porter, Stipe and Young.—6.

Nay: Cain, Capps, Cate, Choate, Combs, Dawson, Giles, Green, Hopkins, Kilpatrick, Lamb, Luton, McCune, McDaniel, Pierce, Randle, Rhodes, Roberts, Rozell, Schue- lein, Shedrick, Taliaferro, Taylor, Terrill, Wright and York.—26.

Excused: Boatner, Clifton, Cullison, Dahl, Dennis, Ford, Howell, Johnson, Keller, Landis, Leonard, Moore, O’Connor, Smith, Watson and Winn.— 16.

Senator York moved the adoption of the 2nd CCR to HJR 1023, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Kilpatrick, Lamb, Landis, McCune, McDaniel, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright and York.—35.

Nay: Branch, Luton, McIntyre, Miller, Porter, Stipe and Young.—7.

Excused: Ford, Johnson, Keller, Leonard, Moore and Winn.—6.

FOURTH READING

Senator Schuelein moved to limit debate on Fourth Reading and final passage of HJR 1023, which motion was declared adopted.

Senator Stipe questioned a quorum. The Presiding Officer ordered the roll called, following which a quorum was declared present.

Senator Young questioned a quorum. The Presiding Officer ordered the roll called, following which a quorum was declared present.


FINAL PASSAGE

HJR 1023, as amended in Conference, was read at length.


Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, McCune, McDaniel, O ’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—37.

Nay: Branch, Luton, McIntyre, Miller, Porter, Stipe and Young.—7.

Excused: Ford, Johnson, Leonard and Moore .-



Senator Stipe moved to reconsider the vote whereby HJR 1023 passed on Fourth Reading.


Senator York moved to suspend Rule 12- 24B for reconsideration and that the vote on HJR 1023 be reconsidered today, which motion was declared adopted upon roll call as follows:

TSixty-fourth Legislative Day, Monday, May 9, 1983 619

Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, O’Connor, Pierce, Randle, Rhodes, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—36.

Nay: Branch, Dennis, McIntyre, Miller, Porter, Roberts, Stipe and Young.—8.

Excused: Ford, Johnson, Leonard and Moore.—4.


Senator Stipe questioned a quorum. The Presiding Officer ordered the roll called.

The Senate was advised that a quorum was not present. The Presiding Officer announced that Article V, Section 30, of the Oklahoma Constitution prohibits any business to be conducted by the Senate if a majority of its members is not in attendance and declared the Senate stand adjourned when the clerk’s desk is clear.

The Stipe motion to reconsider, having not been pressed, was rendered moot.

HJR 1023, together with the second CCR was ordered returned to the Honorable House.


Advising fourth reading of and transmitting for signature Enrolled HJR 1023.

The above numbered Enrolled HJR was, after fourth reading, properly signed and ordered returned to the Honorable House.


Advising approval by him, May 9, 1983, of Enrolled SBs 5,101,139,145,146,173, 174 and 280.

The Senate adjourned at 9:40 p.m. to convene Tuesday, May 10, 1983, at 1:30 p.m.

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Sixty-fifth Legislative DayTuesday, May 10,1983


Roll Call;



The prayer was offered by Dr. Wileman, the guest of Senator McDaniel.



Jack Clark, Oklahoma City, as Chairman to the Motor Vehicle Commission.

Bill Doenges, Bartlesville, as a member to the State Transportation Commission.

Jack McCurdy, Yukon, as a member to the State Credit Union Board.

William R. Paulk, Oklahoma City, as Commissioner to the State Department of Labor.

POINT OF ORDER

Senator Stipe raised a point of order and requested a ruling of the Chair on procedure followed by the Senate on the last legislative day’s adjournment. Senator Stipe cited provisions of Senate Rules 10-5, 12-19, and 13-8 relative to adjourning the Senate when there is an absence of a quorum and stated his point further by challenging the directive of the Presiding Officer to declare the Senate adjourned when there was no motion entertained. Senator Stipe cited provisions of Jefferson’s Manual, Sections 706.2 and 741.15 in which is stated that in the absence of a quorum, further business is suspended and must be resumed at that point on any future day. Senator Stipe appealed to the Chair and requested that the Senate proceed with that order of business on motions to reconsider, which was the last order of business on Monday, May 9.

The Presiding Officer advised the Senate that HJR1023 was passed on the last legislative day and Senate Rule 12-24B was suspended by two-thirds vote to allow consid

622 Senate Journal

eration of the Stipe motion to reconsider the vote on the same day made; the Stipe motion was not pressed and the resolution was returned to the House and referred to the Governor for his signature and is now law, and the Senate was declared adjourned under the provisions of Article V, Section 30, Okla. Constitution. The chair thereby ruled the Stipe challenge out of order.


Senator Miller moved the adoption of the Committee Report on Executive Nominations, shown on Page 577, which motion was declared adopted, the roll call thereon being as follows;

Aye; Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—44.

Excused; Cate, Choate, Shedrick and Winn.—4.


HBs 1034, 1055, 1056, 1057, 1058, 1064,1141,1142,1146,1180,1186,1230, 1231,1278,1393,1404 and H JR 1012 were each correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.





GENERAL ORDER

HB 1016 by Riggs of the House and Wright of the Senate was called up for consideration.

Senator Terrill moved to amend HB 1016, Page 1, by crippling the Title.

Senator Wright moved to table the Terrill amendment, which motion was declared failed of adoption upon roll call as follows;

Aye; Branch, Cullison, Ford, Giles, Green, Hopkins, Howell, Keller, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Smith, Watson, Wright and York.— 18.

Nay; Boatner, Cain, Capps, Choate, Combs, Dahl, Dawson, Dennis, Johnson, Kilpatrick, Lamb, Landis, Luton, McDaniel, McIntyre, Miller, Porter, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Winn and Young.—27.

Excused; Cate, Clifton and Randle.—3.

Senator Terrill pressed his motion to adopt his amendment to HB 1016, which amendment was declared adopted upon roll call as follows;

Aye; Boatner, Cain, Capps, Choate, Clifton, Combs, Dahl, Dawson, Dennis, Johnson, Kilpatrick, Luton, McDaniel, McIntyre, Miller, Porter, Roberts, Rozell, Shedrick, Stipe, Taliaferro, Taylor, Terrill, York and Young.—25.

Sixty-fifth Legislative Day, Tuesday, May 10, 1983 623

Nay: Branch, Cullison, Ford, Giles, Green, Hopkins, Howell, Lamb, Landis, Leonard, McCune, Moore, O’Connor, Pierce, Randle, Rhodes, Schuelein, Smith, Watson, Winn and Wright.—21.

Excused: Cate and Keller.—2.


THIRD READING



Aye: Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—41.

Nay; Boatner, Dennis, Miller, Stipe and Young.— 5.

Excused: Cate and Keller.—2.



Pursuant to Rule 12-24 Senator Wright moved that the vote be reconsidered whereby HB 1016 passed.

INTRODUCTION

Senator Roberts introduced his mother, Mrs. Louise Roberts, to the Senate.

GENERAL ORDER

SCR 10 by Dahl and Porter of the Senate and Monks of the House was called up for consideration.

Senator Dennis asked to coauthor SCR 10, which was the order.

SCR 10 was adopted upon motion of Senator Dahl, and referred for engrossment.



SB 162 — Abbott, Duke and Holden SB 305 — Deatherage, Fitzgibbon and

Fried

GENERAL ORDER

HB 1272, considered on Pages 614 and 615, was considered further.

Senator McDaniel asked to coauthor HB 1272, which was the order.

Senator McDaniel moved to amend the adopted McDaniel amendment to HB 1272, shown on Page 614, by adding after the word “ equipment” and before the word “ on” of the new language, the following: “ pursuant to the competitive bidding procedures set out in Section 1505 of Title 19 of the Oklahoma Statutes.” , which amendment was declared adopted.


THIRD READING


624 Senate Journal


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Rhodes, Roberts, Ro- zell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—39.

Nay: Combs, Cullison, Ford, Howell, Porter and Smith.—6.

Excused: Keller, Pierce and Randle.—3.

The Chair advised that Senator Pierce, having been present in the Chamber during the vote on HB 1272 would be shown voting “ Nay” in compliance with Rule 14-IB. The vote thereby resulted as follows: Aye: 39; Nay: 7; Excused: 2.

The bill passed.

Senator Pierce desired to vote Aye on the emergency.





Advising of prior rejection of SAs to Engrossed HB 1223, requesting Conference and naming Conferees as follows: Lawter, Boyd, Hale, Kelly and Henry.

GENERAL ORDER

HB 1334 by Anderson of the House and McIntyre of the Senate was called up for consideration.

Senator McIntyre moved that HB 1334 be advanced, which motion was declared adopted.

THIRD READING

HB 1334 was read for the third time dt length.


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—45.

Excused: Keller, Randle and Wright.—3.




GENERAL ORDER



THIRD READING


On the question o f passage o f the bill andem ergency, the roll call resulted as fo llow s:


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.




GENERAL ORDER



THIRD READING








Advising passage of and returning Engrossed SB 228, SB 237, coauthored by Anderson and Cotner of the House and SB 259.





GENERAL ORDER



THIRD READING




626 Senate Journal






SB 62.

GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Excused: Clifton and Keller.—2.




Advising Conference granted on Engrossed SB 282, and naming House Conferees as follows: Baughman, Fitzgibbon and Thompson.

GENERAL ORDER



THIRD READING







GENERAL ORDER

HB 1050 by Deatherage and Barker of the House and Randle and Kilpatriek of the Senate was called up for consideration.



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Howell, Johnson, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—41.

Nay: Hopkins, Landis, Moore, Rhodes, Smith and Wright.—6.




GENERAL ORDER

HB 1239 by McCorkell of the House and Cain of the Senate was called up for consideration.

Senator Cain moved that HB 1239 be advanced, which motion was declared adopted.

THIRD READING


On the question o f passage o f the bill andem ergency, the roll call resulted as follows:

Aye: Cain, Capps, Cate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Kilpatrick, Leonard, Luton, McCune, McDaniel, O’Connor, Randle, Rhodes, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—33.

Nay: Boatner, Branch, Dahl, Giles, Lamb, Landis, McIntyre, Miller, Moore, Pierce, Porter, Roberts and Young.— 13.

Excused: Choate and Keller.—2.



Pursuant to Rule 12-24 Senator Porter moved that the vote be reconsidered whereby HB 1239 passed.

GENERAL ORDER

HB 1314 by Holt of the House and McCune of the Senate was called up for consideration.

Senator McCune moved that HB 1314 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Tay-

628 Senate Journal

lor, Terrill, Watson, Winn, Wright, York and Young.— 44.

Nay: Moore, Pierce and Smith.— 3.


The bill passed.




Advising of prior rejection of SAs to Engrossed HB 1169, requesting Conference and naming Conferees as follows: McCor- kell, Morgan and Fried.

GENERAL ORDER

HB 1394 by Conaghan of the House and O’Connor of the Senate was called up for consideration.

Senator Rhodes moved to amend HB 1394, Page 3, Lines 9 and 10, by deleting paragraph 3.

Senator Luton moved to table the Rhodes amendment, which motion was declared failed of adoption upon roll call as follows:

Aye: Cain, Combs, Luton, McCune, McIntyre, Miller, Porter, Shedrick and Terrill.—9.

Nay: Boatner, Branch, Capps, Cate, Choate, Clifton, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, McDaniel, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—38.


Senator Rhodes pressed his motion to adopt his amendment to HB 1394, which amendment was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, McDaniel, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Smith, Taliaferro, Taylor, Watson, Wright, York and Young.—36.

Nay: Combs, Luton, McCune, McIntyre, Miller, Porter, Randle, Shedrick, Stipe, Terrill and Winn.— 11.


Senator Shedrick moved to amend HB 1394, Page 1, by crippling the Title, which amendment was tabled upon motion of Senator O ’Connor upon roll call as follows:

Aye: Capps, Cate, Choate, Dahl, Dawson, Ford, Green, Hopkins, Kilpatrick, Lamb, Landis, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Rozell, Smith, Stipe, Taylor, Terrill, Watson, Winn and Wright.—28.

Nay: Boatner, Branch, Cain, Clifton, Combs, Cullison, Dennis, Giles, Howell, Johnson, Leonard, McDaniel, Randle, Roberts, Schuelein, Shedrick, Taliaferro, York and Young.— 19.


Senator Smith moved to amend HB 1394, Page 5, Line 9Vi, by adding a new Section 3 to read as follows:

“ Section 3. The Insurance Commissioner shall collect information from the State Department of Public Health pertaining to immuno-augmentative therapy (IAT), Lili- um, Laetrile, Dimethye Sulfoxide (DMSO), Ethylenediaminetetraacetic Acid (EDTA)


and within three (3) years from the effective date of this section prepare a report for the Legislature on (1) the effects of the mandated insurance coverage required by this section and (2) frequency of treatment using I AT, DMSO, Lilium, and EDTA.” , and renumber, which amendment was declared adopted.

Senator Smith moved to amend HB 1394, Page 5, by adding after the new Section 3 a new Section 4 as follows:


The provisions of this act shall apply only in those cases in which the insured has signed a written informed request. The written informed request shall be on a form prepared by and obtained from the State Board of Health, shall be subject to the Board’s continuing jurisdiction and control concerning any changes in the written informed request pursuant to law, shall be signed by the patient and attending physician, and shall be in substance as follows:

WRITTEN INFORMED REQUEST FOR THE USE OF ETHYLENEDIAMINETETRAACETIC ACID (EDTA) IN CHELATION THERAPY

Patient’s name:Address:_____A ge:------------- Sex:

Name and address of prescribing physician:

Disease, illness or physical condition diagnosed for medical treatment by ethylenediaminetetraacetic acid (EDTA):

My physician has explained to me:

(a) That ethylenediaminetetraacetic acid (EDTA) has been approved by the Federal Food and Drug Administration only for the removal of heavy metal poisoning.

(b) That neither the American Medical Association, nor the Oklahoma State Medical Association recommends the use of ethylenediaminetetraacetic acid (EDTA) in the treatment of any disease, illness or physical condition other than the removal of heavy metal poisoning.

(c) That there are alternative recognized treatments for the disease, illness or physical condition from which I suffer and about which he has fully informed me as follows:(Here describe)

That notwithstanding the foregoing, I hereby request prescription and use of ethylenediaminetetraacetic acid (EDTA) in the medical treatment of the disease, illness or physical condition from which I suffer.

Signature of Patient

ATTEST:

Prescribing Physician

A copy of such written informed request shall be forwarded forthwith after execution thereof to the hospital or related institution and the State Board of Health for appropriate filing.” ,

and renumber, which amendment was declared adopted.

Senator Stipe moved to amend HB 1394, Page 5, by striking Lines 10 and 11, and renumber, which amendment was declared adopted.

Senator O’Connor moved that HB 1394 be advanced, which motion was declared adopted.

630 Senate Journal

THIRD READING



Aye: Boatner, Branch, Capps, Cate, Choate, Clifton, Combs, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Keller, Kilpatrick, Lamb, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Ro- zell. Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—33.

Nay: Cain, Cullison, Giles, Howell, Johnson, Landis, Leonard, Randle, Rhodes, Roberts, Schuelein, Shedrick and York.— 13.

Excused: Pierce and Porter.—2.




Advising the Honorable Senate of withdrawing Engrossed HB 1153 from Special Conference Committee on Retirement Laws and naming House Conferees as follows: Abbott, Duke and Holden.



Senator Howell moved that the vote be reconsidered whereby HB 1364 passed.

Senator Rozell moved to table the Howell motion, which motion was declared failed of adoption upon a division of the question.

Senator Howell pressed his motion to reconsider the vote whereby HB 1364 passed, which motion was declared failed of adoption upon roll call as follows:

Aye: Cain, Cate, Choate, Clifton, Dawson, Eord, Green, Howell, Johnson, Keller, Luton, McCune, McDaniel, O’Connor, Randle, Schuelein, Taylor, Watson, Wright and Young.—20.

Nay: Boatner, Branch, Capps, Combs, Cullison, Dahl, Dennis, Giles, Hopkins, Kilpatrick, Lamb, Landis, Leonard, McIntyre, Miller, Moore, Rhodes, Roberts, Rozell, Shedrick, Smith and Taliaferro.—22.

Excused: Pierce, Porter, Stipe, Terrill, Winn and York.—6.


GENERAL ORDER

HB 1341 by Lawter and Holden of the House and Clifton of the Senate was called up for consideration.

Senator Clifton moved to amend HB 1341, Page 7, Line 3, by inserting after the word “ adjuster” and before the word “ who” on Line 4 the following: “ whose resident state has a reciprocal agreement with the state of Oklahoma and,” which amendment was declared adopted.

Senator Clifton moved that HB 1341 be advanced, which motion was declared adopted.THIRD READING



Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Rhodes, Roberts, Rozell, Schuelein, Shedrick,

r


Smith, Stipe, Taliaferro, Taylor, Watson, Wright and Young.—40.

Nay; Boatner.— 1.

Excused: Keller, Pierce, Porter, Randle, Terrill, Winn and York.—7.

The bill passed.


GENERAL ORDER

HB 1187 by Henry of the House and Smith of the Senate was called up for consideration.

Senator Smith moved to amend HB 1187, Page 1, by crippling the Title, which amendment was declared adopted.

Senator Smith asked unanimous consent, which was granted, that HB 1187 be laid over for this legislative day.


Upon motion of Senator Schuelein, the request of the Honorable House to withdraw HB 1153 from Special Conference Committee on Retirement Laws was ordered granted. President Pro Tempore York appointing as Senate Conferees the following: Senators Stipe, Shedrick and Dennis.

Senator McDaniel presiding. PENDING CONSIDERATION OF HAs

Senator Clifton moved the Senate concur in HAs to SB 179, which motion was declared failed of adoption upon a division of the question.

Senator Clifton moved that the Senate reject the H A s to SB 179 and request a conference.

Senator Stipe moved to table the Clifton motion to reject, which motion to table was declared failed of adoption upon roll call as follows:

Aye: Boatner, Cate, Keller, Leonard, Miller, O’Connor, Smith and Stipe.—8.

Nay: Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, McIntyre, Moore, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Watson and Wright.—31.

Excused: Choate, Ford, Howell, Pierce, Porter, Terrill, Winn, York and Young.—9.

Senator Clifton pressed his motion to reject the HAs to SB 179 and request a conference, which motion was declared adopted.



HB 1169 — Cullison, Howell and Rozell.HB 1223 — Stipe, Hopkins, Wright, Cain

and Dawson.

Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HBs 1075,1076,1077 and 1078 was ordered granted. President Pro Tempore York referring same to GCCA.


Advising Conference granted on Engrossed SB 179, and naming House Conferees as follows: Lewis, Harris and Leftwich.

632 Senate Journal

FIRST READING


SCR 14 — By Green of the Senate and Holden of the House.

A concurrent resolution expressing legislative intent that the Oklahoma State Employees Group Health, Dental and Life Insurance Board shall offer to state employees the option of membership in a qualified Health Maintenance Organization; and directing distribution.COMMITTEE REPORTS



CS for HB 1062 — Appropriations. HB 1063 — Appropriations.HB 1067 — Appropriations.

HB 1069 — Appropriations.HB 1072 — Appropriations.HB 1147 — Appropriations.CS for HB 1256 — Appropriations.



McSpadden, Clem R., Commercial Business Equipment (addendum).



Sixty-sixth Legisiative DayWednesday, May 11,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, Miller, Moore, O ’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.

Excused: McIntyre.— 1.

Senator Cullison declared a quorum pres- sent.



The Committee on Executive Nominations has approved the following nomination:

Glen E. M ichael, Tulsa, as a m em ber tothe Grand River Dam Authority, to serve a

term of seven years ending January 1, 1990, and effective upon Senate confirmation. Mr. Michael will succeed himself.



HBs 1043, 1044, 1045, 1046, 1049, 1050, 1272, 1314, 1334, 1341, 1364 and 1394 were each correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.



Senator Green asked unanimous consent to suspend Rule 5-4 and refer SCR 14 direct to the Calendar, to which request objection was heard.

634 Senate Journal


Senator Green moved to suspend Rule 5-4 and refer SCR 14 direct to the Calendar, which motion was declared failed of adoption upon roll call as follows:

Aye: Boatner, Cate, Choate, Cullison, Dahl, Dawson, Ford, Green, Hopkins, Landis, Pierce, Schuelein, Smith, Stipe, Taliaferro, Terrill, Watson, Winn, Wright, York and Young.—21.

Nay: Branch, Cain, Capps, Clifton, Combs, Dennis, Howell, Johnson, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Porter, Rhodes, Roberts, Rozell, Shedrick and Taylor.—23.

Excused: Giles, Keller, McIntyre and Randle.—4.

SPECIAL PRESENTATION

Senator Watson announced to the Senate the birth of Senator and Mrs. Schuelein’s granddaughter and presented Senator Schuelein a Citation from the Senate on the new arrival.

Senator Schuelein introduced his wife, Frances to the Senate.

UNANIMOUS CONSENT REQUEST TO INTRODUCE RESOLUTION

Senator Leonard asked unanimous consent to suspend Rules 5-4 and 5-5 and refer SR 23 direct to the Calendar, which was the order.

FIRST READING


SR 23 — By Leonard.A resolution praising the Oklahoma Pan

handle State University Aggies Basketball Team and coaching staff; honoring the coach; and directing distribution.

SR 24 — By Porter.A resolution directing the Oklahoma Pub

lic Welfare Commission to reduce and limit the salaries of employees of the Department of Human Services; and directing distribution.


Senator Porter asked unanimous consent to suspend Rule 5-4 and refer SR 24 direct to the Calendar, to which request objection was heard.


Senator Porter moved to suspend Rule 5-4 and refer SR 24 direct to the Calendar, which motion was declared failed of adoption upon roll call as follows:

Aye: Boatner, Branch, Capps, Choate, Cullison, Dahl, Ford, Giles, Hopkins, Leonard, Luton, McCune, Miller, Porter, Roberts, Rozell, York and Young.— 18.

Nay: Cain, Cate, Clifton, Combs, Dennis, Green, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, McDaniel, Moore, O ’Connor, Pierce, Rhodes, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson and Wright.—25.

Excused: Dawson, McIntyre, Randle, Stipe and Winn.—5.

GENERAL ORDER

HB 1228 by Anderson, et al, of the House and Cain of the Senate was called up for consideration.

Sixty-sixth Legislative Day, Wednesday, May 11, 1983 635

Senator Cain moved that HB 1228 be advanced, whieh motion was declared adopted.

THIRD READING



Aye: Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Hopkins, Howell, Johnson, Kilpatrick, Leonard, McCune, McDaniel, O’Connor, Randle, Rhodes, Rozell, Sehuelein, Shedrick, Smith, Taylor, Watson, Wright and York.—29.

Nay: Boatner, Branch, Capps, Green, Keller, Lamb, Landis, Luton, Miller, Moore, Pierce, Porter, Roberts, Stipe, Taliaferro and Young.— 16.

Excused: McIntyre, Terrill andWinn.— 3.

The bill passed.


GENERAL ORDER

HB 1139 by Abbott of the House and Howell of the Senate was ealled up for consideration.

Senator Howell moved that HB 1139 be advaneed, which motion was declared adopted.

THIRD READING


On the question of passage o f the bill, theroll call resulted as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Cullison, Dahl, Dawson, Dennis, Hopkins, Howell, Luton, MeDan- iel, Miller, Randle, Roberts, Rozell, Schuelein, Shedriek, Stipe, Taylor, Watson and York.—24.

Nay: Combs, Ford, Giles, Green, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, Moore, O’Connor, Pierce, Porter, Rhodes, Smith, Taliaferro, Wright and Young.—20.

Excused: Choate, McIntyre, Terrill and Winn.-

The bill failed.MOTION TO RECONSIDER VOTE

Pursuant to Rule 12-24 Senator Howell moved that the vote be reeonsidered whereby HB 1139 failed.

GENERAL ORDER

HB 1263 by Williams (Freddye) of the House and Porter of the Senate was called up for eonsideration.

Senator Porter moved that HB 1263 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Landis, Luton, McDaniel, Miller, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Watson, York and Young.—36.

636 Senate Journal

Nay: Capps, Lamb, Leonard, McCune, Moore, Taliaferro and Wright.—7.

Excused: Branch, McIntyre, Randle, Terrill and Winn.—5.



GENERAL ORDER

HB 1317 by Lancaster, et al, of the House and Rozell and Rhodes of the Senate was called up for consideration.

Senator Wright asked to coauthor HB 1317, which was the order.

Senator Rozell moved that HB 1317 be advanced, which motion was declared adopted.THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Keller, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Wright, York and Young.— 41.

Nay: Howell, Johnson, Leonard and Moore.—4.

Excused: McIntyre, Terrill andWinn.—3.




Senator Taylor asked unanimous consent, which was granted, that HB 1227 be withdrawn from the Calendar and rereferred to the Judiciary Committee.


HAs to SB 172 were rejected upon motion of Senator Howell, Conference requested, and Senate Conferees appointed as follows: Senators Howell, Capps and Taliaferro.

GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, York and Young.—42.

Nay: Landis and Wright.—2.

Excused: McIntyre, Porter, Randle and Winn.-

The bill and em ergency passed.

Sixty-sLxth Legislative Day, Wednesday, May 11, 1983 637


Pursuant to Rule 12-24 Senator Pierce moved that the vote be reconsidered whereby HB 105J passed.

GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—41.

Excused: Choate, Combs, McIntyre, Pierce, Porter, Randle and Winn.—7.

The bill passed.

Senator Pierce desired to vote Aye on the emergency.



HB 1053 was referred for engrossm ent.

GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—44.

Excused: McIntyre, Porter, Randle and Winn.—4.



GENERAL ORDER



THIRD READING


638 Senate Journal


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.-





GENERAL ORDER


Senator Kilpatrick moved that HB 1059 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein,

Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.— 43.

Excused; Ford, McIntyre, Porter, Randle and Winn.—5.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O ’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—44.





GENERAL ORDER


Senator Kilpatrick moved that HB 1061 be advanced, which motion was declared adopted.THIRD READING



Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taylor, Terrill, Watson, Wright, York and Young.—41.

Nay: Keller, Smith and Taliaferro.— 3.

Excused: McIntyre, Porter, Randle and Winn.





THIRD READING

HB 1085 was read for the third tim e atlength.


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, Miller, Moore, O’Connor, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.— 39.

Nay: Green, Keller, McCune, Pierce and Smith.—5.

Excused: McIntyre, Porter, Randle and Winn.— 4.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Landis, Leonard, Luton, McDaniel, Miller, O’Connor, Pierce, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, York and Young.—36.

640 Senate Journal

Nay: Lamb, McCune, Moore, Rhodes, Smith, Watson and Wright.—7.

Excused: McIntyre, Porter, Randle, Terrill and Winn.—5.




Advising concurrence in SAs to and passage of Engrossed HBs 1248 and 1404 and HJR 1012, as amended.

GENERAL ORDER


Senator Wright asked unanimous consent to cripple the Title to HB 1370, to which request objection was heard.

Senator Wright moved to amend HB 1370, Page 1, by crippling the Title, which motion was tabled upon motion of Senator Kilpatrick upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Hopkins, Howell, Johnson, Keller, Kilpatrick, Landis, Luton, McDaniel, Miller, O’Connor, Pierce, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, York and Young.— 34.

Nay: Choate, Green, Lamb, Leonard, McCune, Moore, Rhodes, Smith, Watson and Wright.— 10.



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Landis, Luton, McDaniel, Miller, O’Connor, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, York and Young.—34.

Nay: Lamb, Leonard, McCune, Moore, Pierce, Rhodes, Smith, Watson and Wright.—9.

Excused: McIntyre, Porter, Randle, Terrill and Winn.—5.




Advising passage of and returning Engrossed SBs 160, coauthored by Davis (Frank) of the House, SB 293 and SB 296.


GENERAL ORDER

HB 1358 by Sill of the House and Clifton of the Senate was called up for consideration.

Senator Clifton moved to amend HB 1358, Page 1, by striking the title, the enacting clause and the body of the bill and substituting in lieu thereof the following:

Senate Journal 641

“ [ Insurance — Insurance Broker Act — codification — effective date ]



Sections 1 through 6 of this act shall be known and may be cited as the ‘Oklahoma Life, Accident and Health Insurance Broker Act’.


For purposes of the Oklahoma Life, Accident and Health Insurance Broker Act, ‘life or accident and health insurance broker’ means a person or corporation who, for compensation, not being a licensed life or accident and health insurance agent or agency for the company in which a policy of life or accident and health insurance is placed, acts or aids in any manner in negotiating contracts of life or accident and health insurance or placing risks or effecting life or accident and health insurance for a party other than himself. A person or corporation not licensed as a life or accident and health insurance broker who solicits a policy of life or accident and health insurance on behalf of others or transmits for others an application for a policy of life or accident and health insurance to or from an insurance company or offers or assumes to act in the negotiations of said life or accident and health insurance shall be a life or accident and health insurance broker for the purposes of the Oklahoma Life, Accident and Health Insurance Broker Act and shall be liable for all the duties, requirements, liabilities, and penal

ties to which said licensed life or accident and health insurance brokers are subject.

Insurers for whom a life or accident and health insurance broker acts shall be liable for said life or accident and health insurance broker’s actions as if said life or accident and health insurance broker were directly employed by the insurer.


No person or corporation shall act as or hold himself out to be a life or accident and health insurance broker until said person or corporation has procured a license as required by the Oklahoma Life, Accident and Health Insurance Broker Act, and no life or accident and health insurance broker shall solicit or take applications for, promise, or place for others any kind of insurance for which said life or accident and health insurance broker is not licensed.


A. To be licensed as a life or accident and health insurance broker, a person or corporation shall have been a resident or nonresident insurance agent or agency in this state continuously for at least two (2) years prior to his application and shall have no Oklahoma Insurance Code violations or record with the Commissioner or an insurance regulatory body of another state and shall not have been convicted, or pled guilty or nolo contendere to a felony or a misdemeanor involving moral turpitude. The fee for a life or accident and health insurance broker’s license shall be Fifty Dollars ($50.00), and said license may be renewed each year for the same fee. Said

642 Senate Journal

fees shall be placed in the Insurance Commissioner’s Revolving Fund.

B. Every applicant for a life or accident and health insurance broker’s license shall file with the Commissioner and, upon approval of said applicant’s application, maintain in force while licensed and for at least two (2) years following termination of said license, evidence satisfactory to the Commissioner of an errors and omissions policy covering the individual applicant in an amount of not less than One Hundred Thousand Dollars ($100,000.00) annual aggregate for all claims made during the policy period, or covering the applicant under a blanket liability policy insuring other life or accident and health insurance agents or brokers in an amount of not less than Five Hundred Thousand Dollars ($500,000.00) annual aggregate for all claims made during the policy period. Such policy shall be issued by an insurance company authorized to do business in this state, shall be continuous in form, and shall provide coverage acceptable to the Commissioner for errors and omissions of the life or accident and health insurance broker. The policy carrier shall notify the Commissioner of any lapse or termination of errors and omissions coverage. Failure to maintain a policy in force shall result in automatic termination of licensure, and the license shall be returned by its lawful custodian to the Commissioner for further cancellation.

C. Every applicant shall also provide a bond in favor of the people of Oklahoma executed by an authorized surety company and payable to any party injured under the term of the bond.

The bond shall be continuous in form and in the amount of Five Thousand Dollars ($5,000.00) total aggregate liability, or more if the Commissioner deems it necessary. The bond shall be conditioned upon full accounting and due payments to the person or company entitled thereto as an incident of life or

accident and health insurance transactions and funds brought into the life or accident and health insurance broker’s possession under his license.

Said bond shall remain in force and effect until the surety is released from liability by the Commissioner or until the bond is canceled by the surety. The surety may cancel the bond and be released from further liability thereunder upon thirty (30) days of written notice, in advance, to the Commissioner. Said cancellation shall not affect any liability incurred or accrued thereunder before the termination of the thirty-day period. Upon receipt of any notice of cancellation, the Commissioner shall immediately notify the licensee.

Said license shall automatically terminate upon there being no bond in force, and the license shall be returned by its lawful custodian to the Commissioner for further cancellation.

D. Life or accident and health insurance brokers shall be subject to the same violations, fines, and penalties as stated in Section 1428 of Title 36 of the Oklahoma Statutes. Violations of the Oklahoma Life, Accident and Health Insurance Broker Act may result, after notice and hearing, in censure, suspension, or revocation of license or a fine of not less than One Hundred Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00), or a combination thereof.


A. Money, commissions, brokerages, or allowances of anything of value, including service fees, for or on account of solicitation for or negotiation or effecting of policies or contracts for life or accident and health insurance may be paid by:


1. a company duly licensed to do business in this state only to its duly licensed agent or agency or to a duly licensed life or accident and health insurance broker; or

2. an agent or agency only to a duly licensed agent or agency for the same company acting under his direct supervision, or to a duly licensed life or accident and health insurance broker; or

3. a life or accident and health insurance broker only to a duly licensed life or accident and health insurance broker.

B. Nothing in this section shall be construed as prohibiting the payment of renewal commissions on lawfully written life insurance.

C. Nothing in this section shall be construed as prohibiting the payment of compensation to licensed agents or agencies for other services rendered not involving the solicitation for or negotiation or effecting of policies or contracts for insurance.

D. No life or accident and health insurance broker shall have any right to compensation, other than commissions deductible from premiums on life or accident and health insurance policies or contracts for life or accident and health insurance, from any insured or prospective insured for or on account of the negotiation or procurement of or other services in connection with any policy or contract for life or accident and health insurance made or negotiated in this state, unless said right to compensation is based upon a written memorandum signed by the party to be charged, and specifying clearly the amount or extent of said compensation. Nothing herein contained shall affect the right of any said life or accident and health insurance broker to recover from the insured the amount of any premium or premiums for insurance effected by or through said life or accident and health insurance broker.

E. Every life or accident and health insurance broker acting as such in this state shall be responsible in a fiduciary capacity for all funds received or collected as a life or accident and health insurance broker and shall not mingle any such funds, without the express consent of his principal, with the broker’s own funds or with funds held by the life or accident and health insurance broker in any other capacity. Nothing in this section shall be construed to require any broker to maintain a separate bank deposit if the funds of each principal are clearly ascertainable from the books of account and records of the life or accident and health insurance broker.


The Commissioner is hereby authorized to adopt such rules and regulations as may be necessary to implement the provisions of the Oklahoma Life, Accident and Health Insurance Broker Act.

SECTION 7. This act shall become effective November 1, 1983.” ,

which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick,

644 Senate Journal

Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright and Young.—42.

Excused: Dahl, McIntyre, Porter, Randle, Winn and York.—6.

The bill passed.


CONFEREES NAMED

Senator Schuelein announced the following have been appointed as Conferees on SB 179: Senators Clifton, Wright and Dennis.



SB 90, coauthored by Peterson and Kelly of the House.

SB 199.SB 247.

GENERAL ORDER

HB 1348 by Haney and Formby of the House and Dawson of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison,

Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Wright, York and Young.— 42.

Excused: Keller, McIntyre, Pierce, Porter, Taliaferro and Winn.—6.




Advising passage of and returning Engrossed SB 189 and SB 209, eoauthored by Davis (Porter), Monks and Little of the House.




The above numbered Enrolled SBs were referred to the Governor.GENERAL ORDER

HB 1321 by Mentzer of the House and Johnson of the Senate was called up for consideration.


THIRD READING




Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Wright, York and Young.—42.





Advising rejection of SAs to Engrossed HBs, requesting Conference and naming Conferees, as follows:

HB 1034 Leftwich

HB 1116 HB 1123

Lewis HB 1129 HB 1142

Adair HB 1257 HB 1278

Lewis

McCorkell, Anderson and

Lewis, Fair and Anderson Vanatta, Thompson and

Blodgett, Sill and Peterson Lewis, Johnson (Glen) and

Hooper, Glover and Manar ■ Brown, Anderson and

GENERAL ORDER

HB 1335 by Anderson of the House and Johnson of the Senate was called up for consideration.


THIRD READING

HB 1335 was read for the third time atlength.


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Wright, York and Young.— 42.


The bill passed.

HB 1335 was ordered withheld. PENDING CONSIDERATION OF HAs

HAs to SB 188 were concurred in upon motion of Senator Terrill.



Aye: Boatner, Cain, Cate, Clifton,Combs, Cullison, Dawson, Hopkins, Howell, Kilpatrick, Leonard, Luton, McDaniel, Miller, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Wright and York.—26.

Nay: Branch, Capps, Choate, Dahl, Dennis, Ford, Giles, Green, Johnson, Lamb, Landis, McCune, Moore, O’Connor, Watson and Young.— 16.


The bill passed.

Senators Capps, Dahl, Landis, Choate, Branch and Johnson desired to vote Aye on the emergency.

646 Senate Journal




Pursuant to Rule 12-24 Senator Terrill moved that the vote be reconsidered whereby SB 188 and the emergency passed.



HB 1350.


GENERAL ORDER

HCR 1006 by Monks and Baker of the House and Smith and Roberts of the Senate was called up for consideration.

Senator Terrill asked to coauthor HCR 1006, which was the order.

HCR 1006 was adopted upon motion of Senator Smith and ordered withheld.


Advising rejection of SAs to Engrossed HBs 1079, 1146 and 1212, requesting Conference and Conferees to be named later.

GENERAL ORDER

HB 1409 by Harris of the House and Clifton of the Senate was called up for consideration.

Senator Clifton moved to amend HB 1409, Page 1, by striking the title, enacting clause and the entire body of the bill and substituting the following:

“ An act relating to counties and county officers; providing for operation expenses for the office of district attorney of the counties; requiring certification of certain state funds for operation of such office; limiting amount to be certified; authorizing estimate of such funds in certain instances; providing for estimate of needs for operation of such office; incorporating such estimate of needs in the county general funds estimate of needs; requiring approval of certain appropriation requests for such office; providing for consideration of certain expenditure requests; providing procedures for adjusting funds certified as available; authorizing transfer between certain state accounts; prohibiting transfers between certain state and county accounts; providing for certain unencumbered balances in district attorney’s accounts; providing procedures for purchases; providing for payment; providing for temporary appropriations; establishing procedures for report of expenditures; providing for reimbursement from the District Attorneys Training Coordination Council to the county; providing exception from reimbursement procedures; providing for payment to the office of district attorney; establishing procedures for audits; requiring the State Auditor and Inspector to prescribe forms and procedures; repealing Section 17, Chapter 340, O.S.L. 1982 (19 O.S. Supp. 1982, Section 215.37), which relates to maintenance and operation expenses of the office of district attorney; providing for codification; and declaring an emergency.BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 215.37A of Title 19, unless there is created a duplication in numbering, reads as follows:


The furniture, books, records, papers and documents provided for the use of the former county attorneys of this state which may be still in use by the district attorney and his staff shall remain in that service until such time as provided hereinafter. Effective January 1, 1983, the state shall assume financial responsibility for all proper expenses of maintenances and operations and capital outlay of said offices except as provided in Section 215.36 of Title 19 of the Oklahoma Statutes. All expenses of the various district attorney offices in the respective counties relating to maintenance, operation and capital outlay of said offices shall be processed by purchase orders and accounted for in the respective counties wherein the expenses are incurred, such expenses to be paid by funds appropriated and advanced by the respective counties and reimbursed to said counties by the state, in the manner set out hereafter. Expenditures shall be by county purchasing procedures.

SECTION 2, NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 215.37B of Title 19, unless there is created a duplication in numbering, reads as follows:

Prior to June 25 of each fiscal year, the District Attorneys Training Coordination Council shall certify to each county clerk the amount of funds which will be made available for the operation of the district attorney’s office in that county for the ensuing fiscal year. A copy of the certification shall also be sent to the district attorney in whose district the county is situated. The funds so certified shall not exceed the state funds made available for such purposes. Provided, if the amount of state funds has not been finalized, the Council shall estimate the amount available and adjust the estimate when the available funds have been determined in the manner hereinafter provided.

SECTION 3. NEW LAW A new section of law to be codified in the O klahom aStatutes as Section 215.37C of Title 19, un

less there is created a duplication in numbering, reads as follows:

On or before July 1 of each fiscal year, each district attorney shall file with the county clerk of each county in his district an estimate of needs for the operation of his office in such county for the ensuing fiscal year. The estimate of needs shall consist of two sections as follows:

1. The first section shall include those appropriation requests which are to be reimbursed from state funds. This section shall consist of appropriation requests for ‘maintenance and operation’ and for ‘capital outlay’ as defined in Section 2490 of Title 68 of the Oklahoma Statutes, and such other accounts as may be prescribed by the State Auditor and Inspector and approved by the District Attorneys Training Coordination Council. The total of these requests shall not exceed the amount certified by the Council as being available for that county; and

2. The second section shall include those appropriation requests which are to be financed by county funds as provided by law.

SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 215.37D of Title 19, unless there is created a duplication in numbering, reads as follows:

The district attorney’s requested estimate of needs shall be incorporated without change in the county general fund’s estimate of needs in the same manner as the estimate of needs of the various offices, departments and agencies of the county are compiled for submission to the county excise board. The amount certified by the District Attorneys Training Coordination Council as being available to the county shall also be included in the estimate of the county general fund’s miscellaneous revenue receivable.

648 Senate Journal

SECTIONS. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 215.37E of Title 19, unless there is created a duplication in numbering, reads as follows:

A. It shall be mandatory for the county excise board to approve the appropriation requests in the first section of the district attorney’s estimate of needs which are for expenditures to be reimbursed from state funds, provided that the total does not exceed the amount certified as available by the District Attorneys Training Coordination Council.

B. Appropriation requests in the second section of such estimate of needs which are for expenditures to be financed from county funds shall be considered in the manner provided by law for similar requests for county general fund appropriations.

SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 215.37F of Title 19, unless there is created a duplication in numbering, reads as follows:

If for any reason, the District Attorneys Training Coordination Council should determine that the amount originally certified as available to a county for the current fiscal year has changed, it shall be the duty of the Council to certify such change to the county clerk and district attorney of the county. Within five (5) working days after receipt of such notice, the district attorney shall give written notice to the county excise board of the amount each appropriation account is to be increased or decreased and the total net effect of the change. If the net total of the changes agrees with the total change certified by the Council, it shall be mandatory for the county excise board to approve the requested changes. Provided, any transfer of appropriations between state reimbursable accounts which does not change the net total appropriations of such funds shall be re

quested in writing by the district attorney and shall be approved as requested by the county excise board without other formality. Provided further, no transfers shall be made between state reimbursable appropriation accounts and county financed appropriation accounts nor shall county funds be used to supplement or otherwise increase the appropriation accounts required to be financed from state funds. The unused or unencumbered balances in the district attorney’s county appropriation accounts at the end of the fiscal year shall lapse to surplus in the same manner as other county general fund appropriation accounts.

SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 215.37G of Title 19, unless there is created a duplication in numbering, reads as follows:

Purchases made from district attorney appropriations shall be made in accordance with the procedures prescribed by statute for county officers, departments and agencies except that neither the purchases nor the expenditures for such purchases shall be subjected to the approval of the board of county commissioners. It shall be the mandatory duty for the designated county officials to issue, sign, attest, register and pay the warrants required to pay such obligations.

SECTION 8. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 215.37H of Title 19, unless there is created a duplication in numbering, reads as follows:

The requirements for temporary appropriations pending final approval of the county’s estimate of needs and the prohibition on expenditures during the tax protest period shall not apply to the requested appropriations for the district attorney’s office which are to be reimbursed from state funds. The entire amount certified by the District Attorneys Training Coordination Council shall be


available for the purposes requested unless otherwise restricted in writing by the Council and filed with the county clerk.

SECTION 9. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 215.371 of Title 19, unless there is created a duplication in numbering, reads as follows:

Within five (5) working days after the end of each month, the county clerk shall report to the District Attorneys Training Coordination Council the amount expended from the state reimbursable appropriations during the preceding month. The report shall list each warrant number, the payee and the amount and shall be totaled to show the full amount to be reimbursed to the county. Warrants issued from appropriations of a prior fiscal year shall be listed separately in the report of the month in which the warrants were issued. The Council shall immediately reimburse the county from state funds appropriated for that purpose. The reimbursement shall be mailed directly to the county treasurer who, upon receipt thereof, shall issue a miscellaneous receipt therefor, and shall apportion the reimbursement to the current county general fund in the same manner as other miscellaneous collections.

SECTION 10. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 215.37J of Title 19, unless there is created a duplication in numbering, reads as follows:

The reimbursement provisions contained herein shall not apply to county appropriations made and provided for office space, law library, legal publications, expenses connected with handling of county suits and matters and other matters to be borne by the county as provided in Section 215.36 of Title 19 of the Oklahoma Statutes.

SECTION 11. NEW LAW A newsection o f law to be codified in the Oklahom a

Statutes as Section 215.37K of Title 19, unless there is created a duplication in numbering, reads as follows:

Payment by the county to the office of the district attorney for the costs and necessary expenses of investigation, prosecution or defense of any action, actual or contemplated on behalf of said county, called for by Section 215.4 of Title 19 of the Oklahoma Statutes, shall be made upon certification of the amount of such expense by the district attorney by the filing of a regular purchase-order with the county commissioners for payment out of their account for general government operation, or other account, as may be appropriate. Such claim shall be approved and paid forthwith whether or not encumbered in advance. An audit as to procedure and accounting of the process shall be made by the State Auditor and Inspector as a part of the regular county audit, the costs of which shall be part of the costs of regular county audit performed by such office.

SECTION 12. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 215.37L of Title 19, unless there is created a duplication in numbering, reads as follows:

It shall be the duty of the State Auditor and Inspector, subject to the approval of the District Attorneys Training Coordination Council, to prescribe the necessary forms and procedures necessary to implement the provisions and requirements of this act.

SECTION 13. REPEALER Section 17, Chapter 340, O.S.L. 1982 (19 O.S. Supp. 1982, Section 215.37), is hereby repealed.

SECTION 14. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.” ,

which am endm ent was declared adopted.

650 Senate Journal

Senator Stipe moved to amend HB 1409, Page 6, Line 24, by striking the following;

subject to the approval of the District Attorneys Training Coordination Council,” which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Terrill, Watson, Wright, York and Young.—40.

Excused: Giles, Keller, McIntyre, Pierce, Porter, Randle, Taylor and Winn.—8.




Advising rejection of SAs to Engrossed HBs 1055, 1056, 1057, 1058, 1064 and 1180, requesting conference and referring Bills to GCCA.

SECOND READING


SCR 14 — Policy COMMITTEE REPORTS


DO PASS;

SCR 13, coauthored by Fried (principal House author).


HB 1066 — Appropriations.HB 1068 — Appropriations.HB 1074 — Appropriations.HB 1185 — Appropriations.HB 1196 — Appropriations.HB 1217 — Appropriations.

The following was reported by the committee named and ordered printed.


SB 328 — Appropriations, coauthored by Watson, Capps, Cate, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Kilpatrick, Landis, Luton, McDaniel, McIntyre, Rhodes, Roberts, Rozell, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Winn and Wright of the Senate and Deatherage (principal House author) and Barker of the House.


Advising approval by him. May 10, 1983, of Enrolled SB 123.

BILLS RELEASED

HBs 1228, 1263, 1321 and 1335 andH C R 1006 were properly signed and ordered returned to the Honorable House.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Thursday, May 12, 1983, at 11:00 a.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 3:55 p.m. to meet Thursday, May 12, 1983, at 11:00 a.m.

Sixty-seventh Legislative DayThursday, May 12,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Giles, Luton and McIntyre.—.3.




HBs 1052, 1053, 1054, 1059, 1060, 1061, 1085, 1296, 1317, 1348, 1358, 1370 and 1409 were each correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.

SBs 160,189,209,293 and 296 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.


Advising fourth reading of and transmitting for signature Enrolled HBs 1228,1248, 1263, 1321, 1335, 1404 and HJR 1012.





UNANIMOUS CONSENT REQUEST DIRECT TO CALENDAR

Senator Porter asked unanimous consent to suspend Rule 5-4 and refer SR 24 direct to the Calendar, to which request objection was heard.

652 Senate Journal


Senator Randle asked unanimous consent, which was granted, to suspend Joint Rule 17 (a) to allow consideration of SB 328 this legislative session.

GENERAL ORDER

SB 328 by Randle, et al, of the Senate and Deatherage and Barker of the House was called up for consideration.

Senators Miller and Lamb asked to coauthor SB 328, which was the order.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Giles, Luton and McIntyre.— 3.




HAs to SB 62 were rejected upon motion of Senator Landis, Conference requested.

and Senate Conferees appointed as follows: Senators Landis, Branch and Cain.

GENERAL ORDER

HB 1126 by Mentzer of the House and Johnson of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, O’Connor, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—40.

Excused: Capps, Choate, Giles, Luton, McIntyre, Pierce, Randle and Winn.—8.




Senator Terrill moved that the vote be reconsidered whereby SB 188 passed, which motion was tabled upon motion of Senator Taylor.


Sixty-seventh Legislative Day, Thursday, May 12, 1983 653

GENERAL ORDER

HB 1181 by Fitzgibbon of the House and Johnson of the Senate was called up for consideration.

Senator Schuelein asked to coauthor HB 1181, which was the order.

Senator Johnson moved that HB 1181 be advanced, which motion was declared adopted.THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, Miller, Moore, O’Connor, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—41.

Excused: Giles, Luton, McDaniel, McIntyre, Pierce, Randle and Winn.—7.

The bill passed.

Senators Pierce and McDaniel desired to vote Aye on the emergency.



HB 1181 was ordered withheld. GENERAL ORDER

HB 1182 by Sanders o f the House andJohnson o f the Senate was called up for consideration.

Senator Johnson moved to amend HB 1182, Page 13, Lines 13-14, by deleting the word “ Chiropodist” and inserting the word “ Podiatrist” , and on Page 17, Line IV2 by inserting a new Section 7 to read as follows:

“ SECTION 7. AMENDATORY 59 O.S. 1981, Section 154 is amended to read as follows:

Section 154. All fees and renewal fees and penalties coming into the hands of any member of the Board shall be paid promptly by the member to the secretary-treasurer of the Board; and all such received by said secretary-treasurer shall be paid promptly by him or her into the State Treasury, and the State Treasurer shall issue a receipt therefor. All such fees, renewal fees, and penalties shall go into the [Chiropodist] PODIATRIST Fund; and these, with the monies now in said fund (as the same exists under the laws of this state when this act becomes effective), shall make up the [Chiropodist] PODIATRIST Fund, which is hereby continued. Said fund shall be subject to the applicable laws. All such fees, renewal fees, and penalties, and all monies now in said fund and said fund as the same shall hereafter exist, are hereby set apart and appropriated to the use of the Board in the due and proper administration of the applicable laws and for the payment of all the Board’s and all its secretary-treasurer’s lawful expenses and charges, including as a part thereof all owing at the time this act become effective. The sum hereby appropriated and authorized to be expended is hereby restricted and limited to said fund; provided that, the total of the expenditures from said fund each fiscal year may amount to, but shall not exceed, the total amount of said fund in that fiscal year. At the end of each fiscal year any unexpended balance of said fund shall be carried forward and placed to the credit of said fund in the State Treasury and may be used for purposes authorized by the applicable laws in succeeding fiscal years. All expenses and charges authorized by the applicable laws

654 Senate Journal

and approved by the Board or by only its secretary-treasurer shall be proper charges against and payable from said fund upon request of the Board of said secretary- treasurer. ’ ’, and by renumbering subsequent sections, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—43.

Excused: Giles, Luton, McIntyre, Randle and Winn.—5.




Advising passage of and returning Engrossed SB 163, coauthored by Cole, Hastings, Kincheloe, Murphy, Vaughn and Davis (Porter) of the House; SJR 23, coauthored by Littlefield and Vaughn of the House.

The above numbered SB and SJR were referred for enrollment.


Advising the Honorable Senate that House Conferees on Engrossed HB 1278 transmitted May 11, 1983 should have been listed as follows:

HB 1278 — Brown, Anderson and Logan.

GENERAL ORDER

HB 1042 by Manar and Glover of the House and Taliaferro of the Senate was called up for consideration.

Senator Taliaferro moved to amend HB 1042, Page 1, by crippling the Title, which amendment was declared adopted.

Senator Smith moved to amend HB 1042, Page 1, Line 5, by adding after the word “ person” and before the word “ firm” the words “ other than the candidate” , which amendment was withdrawn upon motion of Senator Smith.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—43.



The bill passed.




— Shedrick, Combs and Luton Clifton, Luton and Smith Randle, Combs and Kilpat-

Clifton, Dennis and Dawson Smith, Clifton and Luton McDaniel, Cain and Clifton

HB 1034 HB 1116 HB 1123

rickHB 1129 — Landis, Combs and Kilpat

rickHB 1142 HB 1257 HB 1278

GENERAL ORDER

HCR 1005 by Craighead, et al, of the House and Howell and Shedrick of the Senate was called up for consideration.

Senator Taylor asked to coauthor HCR 1005, which was the order.

HCR 1005 was adopted upon motion of Senator Howell and was ordered withheld.


HAs to SJR 22 were concurred in upon motion of Senator Cain.

SJR 22, as amended by the Honorable House, was read at length.


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green. Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.— 43.



House amendments were properly signed and the above-numbered resolution was referred for enrollment.




HB 1079 — Winn, Clifton and LeonardHB 1146 — York, Smith and CliftonHB 1212 — Landis, York and Combs

Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HBs 1055,1056,1057,1058,1064 and 1180 was ordered granted. President Pro Tempore York referring same to GCCA.


Advising fourth reading of and returning Enrolled SBs 160, 189, 209, 293 and 296.


656 Senate Journal


Advising passage of and returning the following Engrossed Bills and Resolution as amended;

SB 142.SB 212, coauthored by Denman and Wil

liams (Penny) of the House.SB 262.SB 287.SB 297.SB 299, coauthored by Widener, Davis

(Frank) and Conaghan of the House.SJR 7, coauthored by Henshaw, Little,

Pitezel, Boeckman, Hastings, Cole and Williamson of the House.



HAs to SB 90 were concurred in upon motion of Senator Stipe.



Aye; Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dahl, Dennis, Green, Miller, Porter, Roberts, Rozell, Stipe, York and Young.— 17.

Nay: Capps, Choate, Dawson, Ford, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Moore, O’Connor, Pierce, Rhodes, Schuelein, Smith, Taliaferro, Taylor, Terrill, Watson and Wright.—25.

Excused: Giles, Luton, McIntyre, Randle, Shedrick and Winn.—6.

The bill failed.


Pursuant to Rule 12-24 Senator Stipe moved that the vote be reconsidered whereby SB 90 failed.

SECOND READING


SR 24 — Policy

COMMITTEE REPORTS


DO PASS;

HB 1266 — Appropriations, coauthored by Randle (principal Senate author).


HB 1048 — Appropriations.HB 1070 — Appropriations.CS for HB 1122 — Appropriations.CS for HB 1268 — Appropriations, co

authored by Randle (principal Senate author).

CS for HB 1368 — Appropriations.HB 1416 — Appropriations.HB 1425 — Appropriations.



SB 117.


Advising approval by him. May 12,1983, of Enrolled SBs 89, 254, 259 and 279.


BILLS RELEASED

HB 1181 and HCR 1005 were properly signed and ordered returned to the Honorable House.


journed to convene Monday, May 16, 1983 at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 1:25 p.m. to meet Monday, May 16, 1983 at 1:30 p.m.

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Sixty-eighth Legisiative DayMonday, May 16,1983


Roll Call:

Present: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, .O ’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Capps, Ford and Taliaferro.—3.


The prayer was offered by Dr. David Terrell, Lawton, the guest of Senator Terrill.



HBs 1042,1126 and 1182 were each correctly engrossed and, together with En

grossed SAs, properly signed and ordered returned to the Honorable House.

SBs 163, 188 and SJRs 22 and 23 were each correctly enrolled and after fourth reading, properly signed and order transmitted to the Honorable House for the signature of the Speaker.


Advising the Honorable Senate of the naming of House Conferees, as follows:

HB 1079 — Reimer, Mentzer and Gray.







660 Senate Journal

FIRST READING

The following was introduced and read the first time;

SCR 15 — By Giles of the Senate and Johnson (Don) of the House.

A concurrent resolution designating June 1983 as “ Oklahoma Tourism and Recreation Industry Appreciation Month” ; directing the Oklahoma Tourism and Recreation Department and other travel-tourism businesses to promote travel in Oklahoma; encouraging Oklahomans to vacation in the state; and directing distribution.


Senator Giles asked unanimous consent to suspend Rule 5-4 and refer SCR 15 direct to the Calendar for consideration on this date, which was the order.GENERAL ORDER

SCR 15 by Giles of the Senate and Johnson (Don) of the House was called up for consideration.

SCR 15 was adopted upon motion of Senator Giles, and referred for engrossment.

GENERAL ORDER

HB 1027 by Mentzer of the House and Rozell of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taylor, Terrill, Winn, Wright and Young.—38.

Excused; Capps, Cate, Ford, Keller, Leonard, Randle, Shedrick, Taliaferro, Watson and York.— 10.

The bill passed.



HAS to SB 141 were concurred in upon motion of Senator Cain.



Aye: Boatner, Branch, Cain, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taylor, Terrill, Watson, Winn, Wright, York and Young.—39.

Excused: Capps, Cate, Choate, Ford, Keller, Leonard, Randle, Shedrick and Taliaferro.—9.

The bill passed.


Sixty-eighth Legislative Day, Monday, May 16, 1983 661

GENERAL ORDER

HB 1108 by Davis (Guy), et al, of the House and Dennis of the Senate was called up for consideration.

Senator Taylor asked to coauthor HB 1108, which was the order.

Senator Dawson moved to amend HB 1108, Page 2, Line 8, by adding a new sentence after the word “ years.” as follows: “ Such assessments shall not constitute official Commission determination of need for or approval of any proposed generating facilities.” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taylor, Terrill, Watson, Winn, Wright and Young.—39.

Excused: Capps, Clifton, Ford, Keller, Leonard, Randle, Shedrick, Taliaferro and York.—9.

Senator Clifton desired to vote Aye on the emergency. On the question of passage of the emergency, the vote resulted as follows: Aye: 40. Excused: 8.



GENERAL ORDER

HB 1430 by Riggs of the House and Taylor of the Senate was called up for consideration.

Senator Taylor moved to amend HB 1430, Page 1, by crippling the Title, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Smith, Taylor, Terrill, Watson, Winn, Wright and York.—35.

Nay: Howell, Johnson, McIntyre, Porter, Stipe and Young.—6.

Excused: Capps, Ford, Keller, Leonard, Randle, Shedrick and Taliaferro.—7.




Advising Conference granted on Engrossed SB 172, and naming House Conferees as follows: Henry, Hobson and McCor- kell.

662 Senate Journal

Returning following Bill, together with Conference Committee Report thereon, advising adoption of Conference Committee Report and passage of Measure as amended;

Engrossed SB 311, coauthored by Reimer and Widener of the House.

The above numbered Bill as amended in Conference was referred for enrollment.

GENERAL ORDER

HB 1399 by Williams (Penny) of the House and Howell of the Senate was called up for consideration.


M E S S A G E F R O M T H E H O U S E

THIRD READING



Aye; Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, Miller, Moore, O ’Connor, Pierce, Randle, Rhodes, Roberts, Ro- zell, Schuelein, Shedrick, Smith, Taylor, Winn, Wright and York.— 36.

Nay; Dawson, McIntyre, Porter, Stipe, Terrill, Watson and Young.—7.

Excused; Capps, Ford, Keller, Leonard and Taliaferro.—5.



HB 1211 by Abbott and Cole of the House and Winn and Terrill of the Senate was called up for consideration.


THIRD READING



Aye; Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.

Excused; Capps, Ford, Keller, Leonard and Taliaferro.—5.




Advising rejection of SAs to Engrossed HBs, requesting Conference and naming Conferees as follows;


HB 1306bott

HB 1314 HB 1358 HB 1393

Henry

Reimer, Widener and Ab-

Holt, Grieser and Reimer Sill, Holden and Osborne Davis (Frank), Lewis and


GENERAL ORDER

HB 1265 by Rogers of the House and Dahl of the Senate was called up for consideration.

Senator Dahl moved to amend HB 1265, Page 4, Line IV2, by adding a new Section 2 as follows:

“ SECTION 2. AMENDATORY 68 O.S. 1981, Section 24312, is amended to read as follows;

Section 24312. The county treasurer shall give notice of the sale of real property for delinquent taxes and special assessments, by publication thereof once a week for the three(3) consecutive weeks immediately prior to the third Friday in September preceding the sale, in some newspaper in the county, to be designated by the county treasurer. Such notice shall contain a notification that all lands on which the taxes are delinquent and remain due and unpaid will be sold, and of the time and place of the sale, and shall contain a list of lands to be sold, the name or names of the last owner or owners as reflected by the records in the office of the county treasurer and the amount of taxes due and delinquent. Such notice shall also contain the following language: The sale hereby advertised is conditional and subject to a two-year right of redemption by the record owner as provided in Section 24323 of Title 68. In addition to [said] THE published notice, the county treasurer shall give notice by certified mail [by mailing] to the owner of [said] THE real property as shown by the last tax rolls [in his office, a]. THE notice of [said] THE sale [stating] SHALL STATE the time and place thereof and [showing] the legal description of the owner’s property being sold[, provided that failure]. FAILURE to receive [said] SUCH notice shall not invalidate [said] THE sale. The county treasurer shall [charge and] collect, in addition to the taxes, interest, and penalty, the publication fees [as provided by] SPECIFIED IN Sec

tion 121[,] OF Title 28 of the Oklahoma Statutes, and [One Dollar and fifty cents ($1.50)] FIVE DOLLARS ($5.00) PLUS THE COST OF POSTAGE for mailing the notice by certified mail, which sum shall be paid into the county treasury, and the county shall pay the cost of the publication of such notice. [But in no case shall the] THE county SHALL NOT be liable for more than the amount charged to the delinquent lands for advertising and the cost of mailing.”


Senator Dahl moved that HB 1265 be advanced, which motion was declared adopted.THIRD READING



Aye: Cain, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Hopkins, Kilpatrick, Luton, Roberts, Rozell, Schuelein, Shedrick, Taylor, Winn and York.— 18.

Nay: Boatner, Branch, Dawson, Green, Howell, Johnson, Lamb, Landis, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Smith, Stipe, Terrill, Watson, Wright and Young.—23.

Excused: Capps, Cate, Ford, Keller, Leonard, Randle and Taliaferro.—7.

The bill failed.


Pursuant to Rule 12-24 Senator Dahl moved that the vote be reconsidered whereby HB 1265 failed.

664 Senate Journal

Advising rejection of SAs to Engrossed HBs 1043, 1044, 1045, 1046, 1049, 1050, 1052, 1053,1054,1059,1060,1061, 1085, 1296,1348 and 1370, requesting conference and referring Bills to GCCA.

GENERAL ORDER

HB 1134 by Duckett, et al, of the House and Smith, et al, of the Senate was called up for consideration.

Senator Smith moved to amend HB 1134, Page 2, Lines 4, 5 and 11 by striking after the word “ and” on Line 4 and before the word “ such” on Line 5 the words “ one copy of” and insert in lieu thereof the word “ enter” and on Line 5, by striking after the word “ such” and before the word “ when” the word “ report” and insert in lieu thereof the word “ information” and on Line 11, by inserting after the word “ and” and before the word “ the” the word “ remove” and by inserting after the word “ the” and before the word “ National” the words “ entry from the” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Shedrick, Smith,

M E S S A G E F R O M T H E H O U S E Stipe, Taylor, Terrill, Watson, Winn, Wright, York and Young.—41.

Nay: Dawson, Landis and Schuelein.—3.

Excused: Capps, Cate, Ford and Taliaferro.—4.

The bill passed.



HAs to SB 161 were concurred in upon motion of Senator Clifton.



Aye: Boatner, Branch, Cain, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.

Nay: Schuelein.— 1.

Excused: Capps, Cate, Ford and Taliafer-




Conference Committee Report was read on the following bill:

SB 230.


GENERAL ORDER

HB 1187, considered and amended on Page 631, was considered further.

Senator Young moved to amend HB 1187, Page 15, Line 4, by striking Section 8 and renumber, which amendment was withdrawn upon request of Senator Young.

Senator Smith moved to amend HB 1187, Page 15, Line 15 and Page 16, Line 3, by striking the figure “ $60.00” and insert the figure ‘ ‘$50.00’ ’, which amendment was declared adopted.

Senator Young moved to amend HB 1187, Page 19, Line 1, by striking Section 9 and renumber, which amendment was withdrawn upon request of Senator Young.

Senator Boatner moved to amend HB 1187, Page 24, Line 3, by striking after the word “ attempted” all language through Page 24, Line 5 and substituting therefor the following: “ and Ten Dollars .($10.00) of each of the above stated fees shall be deposited in the County Law Enforcement Fund of the county from which the revenue was generated.” and on Page 26, Line V2, by adding a new Section 13 as follows:

“ SECTION 13. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 541.1 of Title 19 unless there is created a duplication in numbering, reads as follows:

A. There is hereby created in the county treasury for each county a revolving fund. The funds shall be administered by the boards of county commissioners and shall include but not be limited to the following uses for the office of county sheriff: Deputy salaries, weapons, uniforms and vehicles, provided that not more than one vehicle for any sheriff or deputy shall be approved. The

funds shall be designated ‘County Law Enforcement Funds’, and shall be continuing funds, not subject to fiscal year limitation and shall consist of all monies received by the board of county commissioners from the assessments provided by subsection C of this section.

B. The county sheriff in any county shall submit to the board of county commissioners an application for disbursement of said funds.

C. From all eourt costs and from every bond which has been forfeited in any criminal action filed in the district courts of this state, the court clerk shall deposit the following sums in the fund of the county from which the revenue was generated on a quarterly basis beginning July 1, 1983:

1. For offenses other thantraffic offenses.....................$10.00

2. For traffic offenses..............$ 5.003. Bond forfeiture......................$10.00” ,

and renumber and amend title to conform, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, O’Connor, Pierce, Randle, Rhodes, Rozell, Schuelein, Smith, Stipe, Taylor, Terrill, Watson, Winn, Wright and York.— 37.

666 Senate Journal

Nay: Dahl, Howell, McIntyre, Moore, Roberts, Shedrick and Young.—7.

Excused: Capps, Ford, Porter and Taliaferro.—4.





SB 193, coauthored by Sanders of the House.





Advising passage of and returning Engrossed SJR 16, coauthored by Monks, Glover, Adair, Blodgett, Boyd, Brown, Clark, Cole, Combs, Conaghan, Converse, Cotner, Davis (Frank), Duke, Fitzgibbon, Fried, Garrison, Gray, Grieser, Hall, Hamilton, Haney, Harbin, Harvey, Hastings, Holden, Joiner, Kamas, Koppel, Leftwich, Little, Murphy, Peterson, Reimer, Rieger, Ross, Sanders, Sill, Smith (Bill), Stottlemyre, Talley, Thompson, Vaughn, Virtue, Whorton and Widener of the House.

The above numbered SJR was referred for enrollment.



Advising of prior rejection of SAs to Engrossed HBs, and naming Conferees as follows:

HB 1146 — Johnson (Glen), Adair and Lewis

HB 1212 — Hobson, Fried and Lewis


Advising Conference granted on Engrossed SB 62, and naming House Conferees as follows: Mentzer, Hamilton and Brown.


Returning following Bill, together with Conference Committee Report thereon, advising adoption of Conference Committee Report and passage of Measure as amended:

Engrossed SB 1.

The above numbered Bill as amended in Conference was referred for enrollment.


Advising fourth reading of and returning Enrolled SBs 163 and 188 and SJRs 22 and 23.

The above numbered Enrolled SBs and SJRs were referred to the Governor.

COMMITTEE REPORTS


DO PASS:



HB 1188 — Appropriations.HB 1207 — Appropriations.

M E S S A G E F R O M T H E H O U S E


HB 1327 — Appropriations.HB 1328 — Appropriations, coauthored

by Watson (principal Senate author).

BILLS RELEASED

HB 1016 was referred for engrossment. HBs 1027 and 1239 were properly signed

and ordered House.

returned to the Honorable

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Tuesday, May 17, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 2:50 p.m. to meet Tuesday, May 17, 1983, at 1:30 p.m.

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Sixty-ninth Legisiative DayTuesday, May 17,1983


Roll Call:

Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Winn, York and Young.—44.

Excused: Capps, Ford, Taliaferro,Wright.—4.


The prayer was offered by Dr. Terrell, the guest of Senator Terrill.EXECUTIVE NOMINATIONS COMMITTEE REPORT


Nancy Feldman, Tulsa, as a member to the Oklahoma Educational Television Au

thority, to serve a seven year term ending June 30, 1989, and effective upon Senate confirmation. Nancy Feldman will succeed Sue Lackey Smith.

Zane E. LaCroix, Yukon, as a member to the Board of Examiners for Speech Pathology and Audiology, to serve a term of three years ending August 17, 1985, and effective upon Senate confirmation. Mr. LaCroix will succeed Merle Phillips.

Juanita Tiger Scott, Seminole, as a member to the Indian Affairs Commission, to fill an unexpired three year term ending August 15, 1984, and effective upon Senate confirmation. Ms. Scott will succeed Pamela Chibitty (resigned).



HBs 1016,1108,1134,1187,1211,1399 and 1430 were each correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.

670 Senate Journal



Advising fourth reading of and transmitting for signature Enrolled HBs 1027,1231, 1239 and 1341.




SB 79SB 271 (Emergency failed)SB 283

UNANIMOUS CONSENT REQUEST — MOTIONS TO RECONSIDER A VOTE

Senator Schuelein asked unanimous consent to suspend the provisions of Rule 12- 24B and that all motions to reconsider a vote on House bills or joint resolutions made on Tuesday, May 17; Wednesday, May 18 or Thursday, May 19 be disposed of before the close of business on Thursday, May 19, which was the order.

GENERAL ORDER

HB 1160 by Lewis, et al, of the House and Giles and Branch of the Senate was called up for consideration.

Senator Giles moved to amend HB 1160, Page 3, Line 11, by striking all of Section 2 and renumbering subsequent Sections, which amendment was declared adopted.

Senator Giles moved to amend HB 1160, Page 7, Line 5, by changing date to read “ January 1, 1984,” , which amendment was declared adopted.

Senator Giles moved to amend HB 1160, Page 15, Line 4 by deleting Section 7 (the Emergency Clause), which amendment was declared adopted.

Senator Giles moved to amend HB 1160, Page 15, Line 2, by changing operative date of “ July 1, 1983.” to read “ January 1, 1984.” , which amendment was declared adopted.

Senator Giles moved that HB 1160 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Green, Hopkins, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Schuelein, Shedrick, Smith, Taylor, Terrill, Watson, Winn and York.—32.

Nay: Dawson, Howell, Johnson, Luton, Miller, Rozell, Stipe and Young.—8.

Excused: Capps, Cate, Choate, Ford, Keller, Randle, Taliaferro and Wright.—8.

The bill passed.



HAs to SB 297 were rejected upon motion of Senator Terrill, Conference requested.

Sixty-ninth Legislative Day, Tuesday, May 17, 1983 671

and Senate Conferees appointed as follows: Senators Terrill, Watson and Leonard.

GENERAL ORDER

HB 1224 by Murphy of the House and Dennis of the Senate was called up for consideration.

Senator Lamb asked to coauthor HB 1224, which was the order.


THIRD READING



Aye: Boatner, Branch, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Hopkins, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Winn and York.— 32.

Nay: Cain, Green, Howell, Johnson, Landis, Schuelein and Young.—7.

Excused: Capps, Cate, Choate, Ford, Keller, Porter, Randle, Taliaferro and Wright.—9.




HAs to SB 262 were rejected upon motion of Senator Young, Conference requested, and Senate Conferees appointed as follows: Senators Young, Miller and Boatner.


Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HBs 1043,1044,1045,1046,1049, 1050,1052,1053,1054,1059,1060,1061, 1085, 1296, 1348 and 1370 was ordered granted. President Pro Tempore York referring same to GCCA.

Upon motion of Senator Schuelein, the request of the Honorable House for Conference on the following HBs was ordered granted. President Pro Tempore York appointing as Senate Conferees the following:

HB 1306 — Taylor, Shedrick and Howell

HB 1314 — McCune, Cain and LeonardHB 1358 — Clifton, McDaniel and

BranchHB 1393 — Watson, Clifton and Smith

Senator Shedrick presiding.


HAs to SB 299 were rejected upon motion of Senator Clifton, Conference requested, and Senate Conferees appointed as follows: Senators Clifton, Roberts and Dawson.


HAs to SJR 7 were rejected upon motion of Senator Pierce, Conference requested, and Senate Conferees appointed as follows: Senators Pierce, Cate and Rhodes.


HAs to SB 287 were rejected upon motion of Senator Roberts, Conference requested, and Senate Conferees appointed as follows: Senators Roberts, Winn and Dennis.

672 Senate Journal


HAS to SB 79 were rejected upon motion of Senator McDaniel, Conference requested, and Senate Conferees appointed as follows: Senators McDaniel, Taliaferro and Clifton.


The CCR on SB 230 was adopted upon motion of Senator Stipe.



Aye: Boatner, Branch, Cain, Clifton, Cul- lison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Winn and Young.—38.

Excused: Capps, Cate, Choate, Combs, Ford, Keller, McIntyre, Taliaferro, Wright and York.— 10.




Senator Pierce moved that the vote be reconsidered whereby HB 1051 passed.

Senator Randle moved to table the Pierce motion to reconsider.

UNANIMOUS CONSENT REQUEST TO SUSPEND RULE

Senator Luton asked unanimous consent to suspend Rule 13-2H to allow debate on the Randle tabling motion on the Pierce motion to reconsider the passage of HB 1051, which was the order.

Senator Randle pressed his motion to table the Pierce motion to reconsider, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Hopkins, Howell, Johnson, Kilpatrick, Luton, McDaniel, Miller, Porter, Randle, Rozell, Schuelein, Shedrick, Stipe, Taylor, Terrill, Winn, York and Young.—28.

Nay: Choate, Green, Lamb, Landis, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Roberts, Smith and Watson.— 13.

Excused: Capps, Cate, Ford, Keller, McIntyre, Taliaferro and Wright.—7.


FIRST READING


SCR 16 — By Hopkins of the Senate and Brown of the House.

A concurrent resolution recalling enrolled Senate Bill No. 209 from the Governor; and directing distribution.


Senator Hopkins asked unanimous consent to suspend Rule 5-4 and to refer SCR 16 direct to the Calendar for consideration on this date, which was the order.


GENERAL ORDER

SCR 16 by Hopkins of the Senate and Brown of the House was called up for consideration.

SCR 16 was adopted upon motion of Senator Hopkins and referred for engrossment.

GENERAL ORDER

HJR 1010 by Harbin, et al, of the House and Randle and Green of the Senate was called up for consideration.

Senator Randle moved that HJR 1010 be advanced, which motion was declared adopted.

THIRD READING


On the question of passage of the resolution, the roll call resulted as follows;

Aye: Boatner, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Green, Hopkins, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Moore, Pierce, Randle, Rhodes, Roberts, Rozell, Shedrick, Smith, Taylor, Terrill, Watson, Winn and York.—30.

Nay: Branch, Cain, Dawson, Howell, Johnson, Miller, Porter, Schuelein, Stipe and Young.— 10.

Excused: Capps, Cate, Ford, Keller, McIntyre, O’Connor, Taliaferro and Wright.—8.

The resolution passed.Senators Dawson, Schuelein, Cain and

O’Connor desired to vote Aye on the emergency.

Senator Roberts desired to vote Nay on theem ergency.




Pursuant to Rule 12-24 Senator Randle moved that the vote be reconsidered whereby HJR 1010 passed.



SBs 161, 244, 311 and SJR 16 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.

UNANIMOUS CONSENT REQUEST — MOTION TO RECONSIDER VOTE

Senator Stipe asked unanimous consent to suspend Rule 12-24 to extend the time on his motion to reconsider the vote whereby SB 90 failed to Monday, May 23, 1983, which was the order.





HAs to SB 204 were rejected upon motion of Senator Luton, Conference requested, and Senate Conferees appointed as follows: Senators Luton, Rozell and Howell.

674 Senate Journal


HAs to SB 271 were rejected upon motion of Senator Terrill, Conference requested, and Senate Conferees appointed as follows: Senators Terrill, Cain and Watson.





HCR 1013 — By Henry, Williams (Penny), Craighead, Leftwich, Anderson, Williamson, Virtue, Boyd and Whorton of the House and Randle and Shedrick of the Senate.

A concurrent resolution requesting the Governor to establish the Oklahoma Council of Science and Technology; and directing distribution.




HB 1169.





Advising passage of and returning Engrossed SB 95, coauthored by Thompson of the House.



Advising fourth reading of and returning Enrolled SBs 1,141,161,244,311 and SJR 16.








Advising Conference granted on Engrossed SB 79, and naming House Conferees as follows: Davis (Frank), Hooper and Glover.


Advising veto of SB 237 on May 17, 1983.

The veto message reads as follows;

To The President and Members of the Honorable Senate First Session, Thirty-Ninth Oklahoma Legislature


This is to advise you that on this date, I vetoed;

Enrolled Senate Bill No. 237 — By Luton of the Senate and Barker, et al of the House.

An act relating to contracts; * * *

I have vetoed Senate Bill No. 237. While there may be a need for regulation of certain practices of some third party prescription program administrators, this bill could create such a burden that medical costs could significantly increase, thus outweighing the advantages to the public by regulation. It would also severely handicap or destroy existing prescription plans which have been an integral part of programs designed to reduce medical care costs and provide more medical

care for a significant number of citizens of the State of Oklahoma. These programs were, in fact, previously authorized by the Legislature.

/s/ George Nigh, Governor

BILL RELEASED




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Seventieth Legislative DayWednesday, May 18,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.— 43.

Excused: Ford, Luton, Moore, Stipe and Wright.—5.


The prayer was offered by Dr. Terrell, the guest of Senator Terrill.


Senator Dahl introduced the members of the championship highschool rodeo team for

1983 to the Senate and asked unanimous consent, which was granted, that they be granted privileges of the floor to receive Citations from the Senate. Senator Dahl announced that the Governor had proclaimed this date as “ Oklahoma Highschool Rodeo Day” .


The Senate reassembled in its Chamber with Senator Cullison presiding.




678 Senate Journal

Burl Bartlett, Kingfisher, as a member to the State Board of Edueation.

James O. Williams, Coyle, as a member to the Air Quality Control Council.


Advising returning to the Senate of Enrolled SB 209, pursuant to SCR 16.









Advising passage of and returning the following Engrossed Bills, as amended;

SB 3, coauthored by Fair of the House.SB 81.SB 200, coauthored by Boyd, Kelly, Ba

ker and Glover of the House.



HB 1042 — Manar, Glover and Mentzer HB 1272 — Hill, Glover and Peterson



SB 262 — Brewster, Johnson (Glen) and Harvey

SB 271 — Duckett, Brown and Willis SB 287 — Brewster, Lewis and Grieser SB 297 — Duckett, Brown and Cotner


HAS to SB 81 were rejected upon motion of Senator Smith, Conference requested, and Senate Conferees appointed as follows; Senators Smith, Dennis and Luton.

GENERAL ORDER

HB 1199 by Brown and Abbott of the House and Taylor of the Senate was called up for consideration.

Senator Keller moved to amend HB 1199, Page 4, Lines 1 and 2 by placing after the word “ hairpieces” on Line 1 a period and striking the balance of Lines 1 and 2, which amendment was declared adopted.


THIRD READING


Seventieth Legislative Day, Wednesday, May 18,1983 679


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Cullison, Dahl, Dennis, Giles, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, McCune, McIntyre, Miller, O’Connor, Porter, Randle, Rhodes, Roberts, Schuelein, Shedrick, Smith, Taylor, Terrill, Watson, Winn and York.—34.

Nay: Combs, Dawson, Green, Pierce, Ro- zell, Taliaferro and Young.—7.

Excused: Ford, Leonard, Luton, McDaniel, Moore, Stipe and Wright.—7.

The bill passed.


Pursuant to Rule 12-24 Senator Cate moved that the vote be reconsidered whereby HB 1199 passed.


The Committee Report on Executive Nominations, shown on Pages 633 and 669 was called up for consideration.

Senator Miller moved that the confirmation of Nancy Feldman, shown on Page 669, be considered separate and apart, which motion was declared adopted.

Senator Miller moved the nomination of Nancy Feldman, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—41.

Excused: Ford, Luton, McDaniel, Moore, Smith, Stipe and Wright.—7.

Senator Miller moved the adoption of the Committee Reports on Executive Nominations, shown on Pages 633 and 669, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn and Young.—40.

Excused: Choate, Combs, Ford, Luton, Moore, Stipe, Wright and York.—8.

CONFERENCE COMMITTEE REPORTS

Conference Committee Reports were read on the following Bills:

SB 134SB 137SB 267SB 320


Advising eoncurrence in SAs to and passage of Engrossed HBs 1126, 1182 and 1409, as amended.



HB 1016 — Riggs, Duke and BarkerHB 1189 — Davis (Guy), Widener and

TalleyHB 1211 — Special Conference Com

mittee on Retirement Laws

680 Senate Journal

HB 1230 — Vaughn, Lawter and Reimer


Advising Conference granted on Engrossed SB 204, and naming House Conferees as follows; Monks, Kelly and Caldwell.




GENERAL ORDER

HB 1302 by Converse, et al, of the House and Dahl of the Senate was called up for consideration.

Senator Dahl moved to amend HB 1302 by restoring the enacting clause, which amendment was declared adopted.

Senator Dahl moved that HB 1302 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, McDaniel, Miller, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Smith, Taylor, Terrill, Winn and Young.— 30.

Nay: Choate, Howell, Keller, Landis, Leonard, McCune, O’Connor, Pierce, Rhodes, Taliaferro and Watson.— 11.

Excused: Ford, Luton, McIntyre, Moore, Stipe, Wright and York.—7.

The bill passed.

Senators Landis and Taliaferro desired to vote Aye on the emergency.

On the question of passage of the emergency, the vote resulted as follows: Aye: 32; Nay; 9; Excused: 7.



GENERAL ORDER

HB 1174 by Hamilton, et al, of the House and Winn, et al, of the Senate was called up for consideration.

Senator Howell moved to amend HB 1174, Page 3, Line 11 by restoring before the word “ hours” the word “ accredited” , which amendment was declared adopted.

Senator Howell moved to amend HB 1174, Page 3, Lines 12 and 13, by striking after the word “ the” and before the word “ , shall” the word “ Board” and by substituting therefor the words “ Oklahoma State Regents for Higher Education” , which amendment was tabled upon motion of Senator Winn upon roll call as follows;

Aye; Boatner, Branch, Capps, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Keller, Kilpatrick, Lamb, Leonard, McIntyre, Miller, O’Connor, Porter, Roberts, Rozell, Schuelein, Shedrick, Taylor, Terrill, Watson, Winn, York and Young.—30.

Seventieth Legislative Day, Wednesday, May 18, 1983 681

Nay: Cain, Clifton, Howell, Johnson, Landis, McCune, Pierce, Rhodes, Smith and Taliaferro.— 10.

Excused: Cate, Ford, Luton, McDaniel, Moore, Randle, Stipe and Wright.—8.

Senator Howell moved to amend HB 1174, Page 3, Line 13, by deleting after the stricken word “ approved” and before the word “ school” the word “ A” and by restoring after the words “ graduate o f ’ and before the word “ A” the words “ an approved” ; and Page 3, Lines 14, 15 and 16 by restoring after the word “ science” on Line 14 the language “ , and said school of mortuary science cannot be less than twelve (12) months’ duration for a prescribed course entitling an individual to graduation therefrom,” .

Senator Winn moved to table the Howell amendment to HB 1174, which motion to table was declared failed of adoption upon roll call as follows:

Aye: Boatner, Branch, Capps, Choate, Cullison, Dennis, Giles, Hopkins, Kilpatrick, Lamb, Leonard, McIntyre, Miller, Pierce, Roberts, Rozell, Schuelein, Terrill, Winn, York and Young.—21.

Nay: Cain, Cate, Clifton, Combs, Dawson, Green, Howell, Johnson, Keller, Landis, McCune, McDaniel, O’Connor, Porter, Randle, Rhodes, Shedrick, Smith, Taliaferro, Taylor and Watson.—21.

Excused: Dahl, Ford, Luton, Moore, Stipe and Wright.—6.

Senator Howell pressed his motion to adopt his amendment to HB 1174, which amendment was declared failed of adoption upon roll call as follows:

Aye: Cain, Cate, C lifton, C om bs, D aw son, D ennis, H ow ell, Johnson, K eller, K ilpatrick, Landis, M cC une, M cD aniel,

O’Connor, Porter, Smith, Taliaferro, Taylor, Watson and York.—20.

Nay: Boatner, Branch, Capps, Choate, Cullison, Giles, Green, Hopkins, Lamb, Leonard, McIntyre, Miller, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Terrill, Winn and Young.—22.

Excused: Dahl, Ford, Luton, Moore, Stipe and Wright.—6.

Senator Winn moved to amend HB 1174, Page 10, Line 11, by inserting after the word “ funeral” and before the word “ examination” the word “ director” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Capps, Cate, Cullison, Dawson, Dennis, Giles, Green, Hopkins, Kilpatrick, Lamb, Leonard, McDaniel, McIntyre, Miller, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Winn and Young.—26.

Nay: Cain, Choate, Clifton, Combs, Howell, Johnson, Keller, Landis, McCune, O’Connor, Pierce, Porter, Smith and Watson.— 14.

Excused: Dahl, Ford, Luton, Moore, Randle, Stipe, Wright and York.—8.

The bill passed.


682 Senate Journal


Pursuant to Rule 12-24 Senator Winn moved that the vote be reconsidered whereby HB 1174 passed and the emergency failed.


The CCR on HB 1350 was adopted upon motion of Senator Shedrick.



Aye: Cain, Cate, Choate, Clifton, Dennis, Giles, Green, Howell, Johnson, Keller, Mc- Cune, McIntyre, Miller, Pierce, Porter, Rhodes, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn and Young.—26.

Nay: Boatner, Branch, Capps, Combs, Cullison, Dahl, Dawson, Hopkins, Lamb, Landis, Leonard, McDaniel, O’Connor and Roberts.— 14.

Excused; Ford, Kilpatrick, Luton, Moore, Randle, Stipe, Wright and York.—8.

The bill passed.

Senators Capps, Dawson, Boatner, O’Connor, Landis, Roberts, Kilpatrick and Lamb desired to vote Aye on the emergency.




Pursuant to Rule 12-24 Senator Shedrick moved that the vote be reconsidered whereby HB 1350 and the emergency passed.








The CCR on SB 134 was adopted upon motion of Senator Keller.



Aye: Capps, Choate, Clifton, Cullison, Dawson, Giles, Green, Hopkins, Howell, Johnson, Keller, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, O’Connor, Pierce, Rhodes, Schuelein, Smith, Taliaferro, Taylor and Watson.—25.

Nay: Boatner, Branch, Cain, Combs, Dahl, Dennis, Miller, Porter, Roberts, Rozell, Shedrick, Terrill, Winn and Young.— 14.

Excused: Cate, Ford, Kilpatrick, Luton, Moore, Randle, Stipe, Wright and York.—9.

The bill passed.


Seventieth Legislative Day, Wednesday, May 18, 1983 683

MOTION —RECALL OF SB 209

Senator Schuelein moved that the Honorable House be requested to rescind its fourth reading and signing of SB 209, which motion was declared adopted.

SECOND READING


HCR 1013 — Education

FIRST READING


SB 329 — By McDaniel.An act relating to revenue and taxation;

levying an additional tax on gasoline; exempting certain gasoline; requiring revenue to be deposited in certain fund; providing for termination of tax; providing for codification; and declaring an emergency.



HCR 1010 — By Cotner, Duckett, Brown, Cole, Kincheloe, McCorkell, Virtue and Kelly of the House and Winn of the Senate.

A concurrent resolution expressing legislative intent; encouraging the Department of Mental Health to cooperate with the Oklahoma Commission on the Deaf and Hearing Impaired to devise a plan for certain mental health needs; suggesting that certain factors be considered when devising said plan; and directing distribution.





Advising Conference granted on Engrossed SB 81, and naming House Conferees as follows: Williamson, Henry and Twid- well.


Advising rejection of SAs to Engrossed HB 1430, requesting Conference and naming Conferees as follows: Riggs, Harris and Lewis.


Advising Conference granted on Engrossed SJR 7, and naming House Conferees as follows: Deatherage, Virtue and Williams (Penny).


Advising approval by him, May 17, 1983, of Enrolled SBs 160, 188, 189, 228, 293, 296 and SJR 23.

BILL RELEASED



Upon motion of Senator Schuelein, the Senate adjourned at 3:20 p.m. to meet Thursday, May 19, 1983, at 11:00 a.m.

X

Seventy-first Legislative DayThursday, May 19,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Flop- kins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein. Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson and W rig h t.^ 3 .

Excused: Cate, Luton, Winn, York and Young.—5.


The prayer was offered by Dr. Terrell, the guest of Senator Terrill.




Pursuant to the request of the Honorable Senate, the House of Representatives has rescinded its signing and 4th reading of SB 209.





Senator Shedrick moved that the vote be reconsidered whereby HB 1350 passed, which motion was tabled upon motion of Senator Terrill.



Senator Boatner, at the request of Senator Winn, moved that the vote be reconsidered whereby HB 1174 passed and the emergency

686 Senate Journal

failed, which motion was tabled upon motion of Senator Rozell.


GENERAL ORDER

HB 1206 by Draper of the House and Kilpatrick of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson and Wright.—42.

Excused: Cate, Luton, Porter, Winn, York and Young.—6.





Advising the Honorable Senate that the House of Representatives did not concur in SAs to Engrossed HB 1409, as stated in prior message dated May 18, 1983.



SB 103, coauthored by Denman and Gray of the House.

SB 138, coauthored by Peterson, Duckett and Whorton of the House.

SB 203.


The CCR on SB 137 was adopted upon motion of Senator Terrill.


On the question of the passage of the bill and emergency, the roll call resulted as follows:

Aye: Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, McCune, McDaniel, Moore, O’Connor, Randle, Rhodes, Rozell, Schuelein, Smith, Taylor, Terrill, Watson and Wright.—32.

Nay: Boatner, Dawson, Leonard, Miller, Pierce, Porter, Roberts, Shedrick and Taliaferro.—9.

Excused: Cate, Luton, McIntyre, Stipe, Winn, York and Young.—7.




Senator Dahl moved that the vote be reconsidered whereby HB 1265 failed of pas-

Seventy-first Legislative Day, Thursday, May 19, 1983 687

sage, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Green, Hopkins, Howell, Johnson, Kilpatrick, Landis, McDaniel, Miller, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill and Watson.—31.

Nay: Dawson, Ford, Giles, Keller, Lamb, Leonard, McCune, Moore, Rhodes, Smith and Wright.— 11.

Excused: Cate, Luton, McIntyre, Winn, York and Young.— 6.

THIRD READING

Senator Dahl asked unanimous consent that HB 1265 be withdrawn from the Calendar and rereferred to the Finance Committee, which was the order.






HB 1358

MOTION —RECALL OF SB 209

Senator Schuelein m oved that the Senaterescind its fourth reading and signing o f Enrolled SB 2 0 9 , and that the H ouse be re

quested to reconsider the vote whereby SB 209 passed and to return the measure to General Order, which motion was declared adopted.


Advising rejection of SAs to Engrossed HB 1409, requesting Conference and Conferees to be named later.





Senator Taliaferro moved that HB 1184 be withdrawn from the Calendar and rereferred to the General Government Committee, which motion was declared adopted.


The CCR on SB 267 was adopted upon motion of Senator Shedrick.



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Shedrick, Smith, Stipe, Taylor, Terrill, Watson and Wright.-

688 Senate Journal

Excused: Cate, Luton, Schuelein, Taliaferro, Winn, York and Young.—7.

The Chair advised that Senator Schuelein, having been present in the Chamber during the vote on SB 267 would be shown voting “ Nay” in compliance with Rule 14-IB. The vote thereby resulted as follows: Aye: 41; Nay: 1; Excused: 6.



GENERAL ORDER

HB 1286 by Williams, et al, of the House and Randle, et al, of the Senate was called up for consideration.

Senator Randle moved to amend HB 1286, by striking the enacting clause, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Cullison, Dahl, Dawson, Dennis, Ford, Hopkins, Howell, Lamb, Leonard, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson and Wright.—33.

Nay: Combs, Giles, Green, Johnson, Keller, Kilpatrick, Landis, McCune, Moore and Schuelein.— 10.


The bill passed.


GENERAL ORDER

HJR 1021 by McCorkell and Denman of the House and Randle of the Senate was called up for consideration.

Senator Randle moved that HJR 1021 be advanced, which motion was declared adopted.

THIRD READING

HJR 1021 was read for the third time at length, as follows:

HJR 1021 — By McCorkell and Denman of the House and Randle of the Senate.

A joint resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to the Oklahoma Constitution by adding a new Section to Article X to be designated as Section 9D; providing for an ad valorem tax levy for a department of health, including but not limited to indigent health care; requiring voter approval; providing for continuance of levy; providing methods for discontinuing levy; allowing joint departments of health between or among governmental subdivisions; providing for no prohibitions on other levies or public funds; providing no limitation on certain other provisions; providing ballot title; directing filing; and ordering a Special Election.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 1ST SESSION OF THE 39TH OKLAHOMA LEGISLATURE:

SECTION 1. The Secretary of State shall refer to the people for their approval or rejec-


tion, as and in the manner provided by law, the following proposed amendment to Article X of the Constitution of the State of Oklahoma by adding a new Section 9D to read as follows:

Section 9D. For the purpose of maintaining or aiding in maintaining a department of health, including but not limited to indigent health care, within any county of the state, an ad valorem tax levy not to exceed two and one-half (2‘A) mills on the dollar of the assessed valuation of all taxable property in the county may be levied annually when approved by a majority of the registered voters of the county voting on the question at an election called for such purpose by the board of county commissioners or by initiative petition by registered voters of a county. This levy shall be in addition to any levy made pursuant to Section 9A of Article X of the Constitution of the State of Oklahoma, and may be made until repealed by a majority of the registered voters of the county voting on the question at an election called for such purpose by the board of county commissioners, or by initiative petition by registered voters of a county. Said department of health may be maintained jointly or in conjunction with one or more counties, cities, towns, or school districts, or any combination thereof, and shall be maintained as now or hereafter provided by law. Nothing in this section shall prohibit other levies or the use of other public funds for said department of health. Nothing contained in this section shall be construed as limiting the authorization and provisions of Section 9A of Article X of the Constitution of the State of Oklahoma.


BALLOT TITLE




adding a new section to Article X of the Oklahoma Constitution to be designated Section 9D, authorizing an additional county ad valorem tax levy not to exceed two and one-half (2 Vi) mills on the dollar of assessed valuation of all taxable property in the county, when approved by the vote of the people, for a department of health, including but not limited to the provision of indigent health care; providing levy to continue after approve until repealed by vote of the people or initiative petition; providing for maintaining department jointly with one or more counties, cities, towns, or school districts, or any combination thereof; providing no prohibition on other levies or use of public funds; and providing no limitation on authorization of Section 9A of Article X of the Oklahoma Constitution





SECTION 3. The Chief Clerk of the House of Representatives shall, immediately after the effective date of this resolution, prepare and file one copy thereof, including the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General.

SECTION 4. A special election is hereby ordered to be held throughout the State of Oklahoma on the date of the next statewide primary election or special election, whichever occurs first, at which time the proposed

r690 Senate Journal

amendment to the Constitution of the State of Oklahoma, as set forth in SECTION 1 of this resolution, shall be submitted to the people of Oklahoma for their approval or rejection as and in the manner provided by law.


Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Hopkins, Howell, Kilpatrick, Lamb, Landis, Leonard, McCune, McIntyre, Miller, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Stipe, Taliaferro, Taylor, Terrill, Watson and Wright.—35.

Nay: Green, Johnson, Keller, McDaniel, Moore, Pierce and Smith.—7.

Excused: Cate, Luton, Shedrick, Winn, York and Young.—6.


The question being, “ Shall HJR 1021, be ordered referred by the Legislature for approval or rejection at a Special Election, as provided in Section 1, Article 24, of the Constitution of Oklahoma, to be held throughout the State of Oklahoma on the date of the next statewide primary election or special election, whichever occurs first, as provided in Section 4 of said Resolution?”

The roll was ordered called and resulted as follows:

Aye: Branch, Capps, Clifton, Cullison, Dennis, Giles, Hopkins, Kilpatrick, Landis, Leonard. McIntyre, Porter, Randle, Roberts, Schuelein, Taliaferro, Taylor and Terrill.— 18.

Nay: Boatner, Cain, Choate, Combs, Dahl, Dawson, Ford, Green, Howell, Johnson, Keller, Lamb, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Rhodes,

Rozell, Shedrick, Smith, Stipe, Watson and Wright.—25.


The Presiding Officer, in open session, declared the Special Election Feature, having failed to receive a constitutional two- thirds majority vote of the members elected to and constituting the Senate, failed of passage.

HJR 1021 was ordered referred for engrossment.



HB 1016 — Wright, Boatner and CullisonHB 1042 — Taliaferro, Cate and LutonHB 1211 — Special Conference Commit

tee on Retirement LawsHB 1272 — Clifton, McDaniel and John

son

GENERAL ORDER

HB 1292 by Riggs and Anderson of the House and Landis of the Senate was called up for consideration.

Senator Landis asked that his name be removed as author of HB 1292, which was the order.

Senator Leonard asked to be made author of HB 1292, which was the order.

Senator Leonard moved to amend HB 1292, Page 1, by crippling the title, which amendment was declared adopted.



THIRD READING



Aye: Boatner, Cain, Capps, Choate, Clifton, Cullison, Dennis, Ford, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Rozell, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson and Wright.—32.

Nay; Branch, Combs, Dahl, Dawson, Johnson, McCune, Porter, Roberts, Schuelein and Stipe.— 10.

Excused: Cate, Luton, McIntyre, Winn, York and Young.—6.

The bill passed.


GENERAL ORDER

HB 1156 by Harris and Cotner of the House and Taliaferro of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Capps, Clifton, Cullison, Dennis, Green, Hopkins, Johnson, Kilpatrick, Lamb, Landis, McDaniel, McIntyre, Miller, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Taliaferro, Taylor, Terrill, Watson and Wright.—26.

Nay: Cain, Choate, Combs. Dawson, Ford, Giles, Howell, Keller, Leonard, McCune, Moore, O’Connor, Shedrick, Smith and Stipe.— 15.

Excused: Cate, Dahl, Luton, Pierce, Winn, York and Young.—7.

The bill passed.

Senator Giles desired to vote Aye on the emergency.




GENERAL ORDER



THIRD READING



Aye: Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson,

692 Senate Journal

Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson and Wright.—40.

Nay: Boatner and Giles.—2.

Excused; Cate, Dahl, Luton, Winn, York and Young.—6.


HB 1090 was.referred for engrossment.

GENERAL ORDER



THIRD READING

HB 1091 was read for the third time at length. ‘


Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill and Watson.—41.

Excused: Cate, Dahl, Luton, Winn, Wright, York and Young.—7.



GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson and Wright.—41.

Excused: Cate, Choate, Dahl, Luton, Winn, York and Young.—7.




HAs to SB 247 were concurred in upon motion of Senator Ford.



Aye: Boatner, Branch, Capps, Clifton, Combs, Cullison, Dennis, Ford, Giles,


Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Schuelein, Stipe, Taliaferro, Taylor, Terrill and ’Wright.— 34.

Nay: Cain, Dawson, Miller, Rozell, Shedrick and Smith.—6.

Excused: Cate, Choate, Dahl, Luton, Watson, Winn, York and Young.—8.



SECOND READING


SB 329 — FinanceHCR 1010 — Human Resources

FIRST READING


SJR 28 — By Hopkins.A joint resolution directing the Secretary

of State to refer to the people for their ap

proval or rejection a proposed amendment to the Oklahoma Constitution by adding a new section to Article X to be designated Section 27B; providing for the indebtedness of certain political subdivisions; allowing publicly owned building, road, street and highway construction, maintenance or improvements under certain conditions; providing ballot title; and directing filing.


Advising approval by him. May 19,1983, of Enrolled SBs I , 95, I4 I, I6 I , 163, 244, 3 II and SJRs 16 and 22.

BILLS RELEASED




Upon motion of Senator Schuelein, the Senate adjourned at 12:00 noon to meet Monday, May 23, 1983, at 1:30 p.m.

Seventy-second Legislative DayMonday, May 23,1983


Roll Call;

Present; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—48.


The prayer was offered by Reverend James Reynolds, First Baptist Church, Cushing, the guest of Senator Shedrick.


The following executive nomination was read and referred to the Committee on Executive Nominations;

Carl M. Bennett, Tulsa, as a member to the Oklahoma Board of Private Schools.


HBs 1090, 1091, 1092, 1156, 1174, 1199,1206,1286,1292 and H JR 1021 were each correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.



HAs to SB 200 were rejected upon motion of Senator Schuelein, Conference requested, and Senate Conferees appointed as follows; Senators York, Combs and Cain.


HAs to SB 283 were rejected upon motion of Senator Schuelein, Conference requested, and Senate Conferees appointed as follows; Senators Cain, McCune and Howell.


Advising fourth reading of and transmitting for signature Enrolled HB 1350 and HJR 1010.

696 Senate Journal

Rozell, Miller and Boatner • Combs, Howell and Kilpat-

The above numbered Enrolled HB and HJR were, after fourth reading, properly signed and ordered returned to the Honorable House.



HB 1189 HB 1230

rickHB 1364 — McCune, Leonard and Cain HB 1409 — Clifton, McDaniel and Kil

patrickHB 1430 — Taylor, Smith and Cain


Advising passage of and returning the following Engrossed Bills, as amended;

SB 148.SB 152, coauthored by Leftwich, Davis

(Frank), and Graves of the House.SB 176 (Emergency failed).SB 223.SB 239.SB 321.

GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—42.

Excused: Cate, Choate, Hopkins, McDaniel, Randle and Terrill.—6.



GENERAL ORDER



THIRD READING



Aye; Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Howell, Johnson, Keller, Kilpatrick, Lamb. Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pieree, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—43.

Nay: Landis.— 1.

Seventy-second Legislative Day, Monday, May 23, 1983 697

Excused: Cate, Hopkins, Randle and Terr i l l .-^ .



GENERAL ORDER


Senator Cain moved to amend HB 1070, Page 3, Line 16, by striking after the word “ of” and before the word “ or” on Line 17 the words and figures “ Two Hundred Five Thousand One Hundred Ten Dollars ($205,110.00)” and inserting in lieu thereof the words and figures “ One Hundred Ninety-nine Thousand Two Hundred Fifty Dollars ($199,250.00)” , which amendment was declared adopted.


THIRD READING



Aye: Cain, Capps, Cate, Clifton, Combs, Cullison, Dennis, Giles, Hopkins, Howell, Johnson, Kilpatrick, Leonard, Luton, McCune, McDaniel, O’Connor, Randle, Rhodes, Schuelein, Smith, Stipe, Taliaferro, Taylor, Watson, Wright and York.—27.

Nay: Boatner, Branch, Choate, Dahl, Dawson, Ford, Green, Keller, Lamb, Landis, Miller, Moore, Pierce, Porter, Roberts, Rozell, Winn and Young.— 18.

Excused: M cIntyre, Shedrick and Ter-rill.— 3.

The bill passed.

Senators Landis, Dawson, Roberts, Choate and Winn desired to vote Aye on the emergency.





GENERAL ORDER



THIRD READING

Senator Porter asked unanimous consent, which was granted, that the vote be reconsidered whereby HB 1068 was advanced.

GENERAL ORDER

Senator Porter asked unanimous consent that HB 1068 be laid over temporarily, which was the order.

GENERAL ORDER



698 Senate Journal

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—45.

Excused: McIntyre, Randle and Terrill.—3.



GENERAL ORDER


Senator Porter moved to amend HB 1068, Page 2, Line 8, by striking after the word “ exceed” and before the word “ per” on Line 9 the words and figure “ Thirty Thousand Dollars ($30,000.00)” and inserting the words and figure “ Thirty-five Thousand Dollars ($35,000.00)” , which amendment was declared adopted.


THIRD READING


On the question o f passage o f the bill andem ergency, the roll call resulted as follow s:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Nay: Pierce.— 1.





Senator Stipe moved that the vote be reconsidered whereby SB 90 failed on Fourth Reading and Final Passage.

Senator Leonard moved to table the Stipe motion to reconsider, which motion was declared failed of adoption upon roll call as follows:

Aye: Cain, Choate, Ford, Howell, Keller, Lamb, Landis, Leonard, McCune, Moore, O’Connor, Pierce, Schuelein, Smith, Terrill, Watson and Wright.— 17.

Nay: Boatner, Branch, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Johnson, Luton, McDaniel, McIntyre, Miller, Porter, Randle, Rhodes, Roberts, Shedrick, Stipe, Taylor, Winn, York and Young.—28.

Excused: Kilpatrick, Rozell and Taliaferro.—3.

Senator Stipe pressed his motion to reconsider the vote whereby SB 90 failed, which motion was declared adopted upon roll call as follows:

T


Aye: Boatner, Branch, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Johnson, Landis, Luton, McDaniel, McIntyre, Miller, O’Connor, Porter, Roberts, Rozell, Shedrick, Stipe, Winn, York and Young.—27.

Nay: Cain, Capps, Ford, Howell, Keller, Lamb, Leonard, McCune, Moore, Pierce, Rhodes, Schuelein, Smith, Taliaferro, Taylor, Terrill, Watson and Wright.— 18.

Excused: Choate, Kilpatrick and Randle.—3.

FOURTH READING

Senator Cain moved that the vote be reconsidered whereby the HAs to SB 90 were adopted, which motion was tabled upon motion of Senator Stipe upon roll call as follows:

Aye: Boatner, Branch, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dennis, Giles, Hopkins, Howell, Luton, McDaniel, McIntyre, Miller, Porter, Randle, Roberts, Rozell, Schuelein, Stipe, Winn and York.—24.

Nay: Cain, Choate, Dawson, Ford, Green, Johnson, Keller, Lamb, Landis, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson and Wright.—22.

Excused: Kilpatrick and Young.—2.

FINAL PASSAGE


Aye: Boatner, Branch, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Johnson, Landis, Luton, McDaniel, McIntyre, Miller, Porter, Randle, Roberts, Stipe, Winn, York and Young.— 25.

Nay: Cain, Capps, Choate, Ford, H ow ell,Keller, Kilpatrick, Lam b, Leonard, M c

Cune, Moore, O’Connor, Pierce, Rhodes, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson and Wright.—22.

Excused: Rozell.— 1.

The bill passed.


Aye: Boatner, Branch, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Landis, Luton, McDaniel, McIntyre, Miller, Porter, Randle, Roberts, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Winn, York and Young.—32.

Nay: Cain, Choate, Ford, Keller, Lamb, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Smith, Watson and Wright.— 14.

Excused: Dennis and Rozell.—2.



Pursuant to Rule 12-24 Senator Leonard moved that the vote be reconsidered whereby SB 90 and the emergency passed.


Advising the concurrence in SAs to and passage of Engrossed HBs 1134, 1160, 1317, 1334 and 1399, as amended.


Advising rejection of SAs to Engrossed HB 1051, requesting conference and referring Bill to GCCA.


Returning following Bill, together with Conference Committee Report thereon, ad-

700 Senate Journal

vising adoption of Conference Committee Report and passage of Measure as amended:

Engrossed SB 137.


GENERAL ORDER

HB 1188 by Talley of the House and Watson of the Senate was called up for consideration.

Senators Watson, Shedrick and Randle moved to amend HB 1188, Page 1, by striking the title and Page 2, Line 14, after the word “ program” insert the following: “ included for intergovernmental review by any federal agency” and Page 3, Lines 6 through 18 by deleting all language and Page 4, Lines 1 and 2, by deleting all language prior to the words “ In the case of entities” and Page 4, Line 12, after the word “ application” and before the period by inserting the words “ or the submission thereof” and Page 5, Lines 3 and 4 by deleting the words “ community- based organizations” and inserting in lieu thereof the words “ organizations and individuals” and Page 12, Lines 13 through 16 by deleting all language after the word “ source” and Page 13, Line 6, after the word “ for” and before the word “ assistance” by inserting the word “ federal” and after the word “ assistance” and before the word “ shall” by inserting the words “ subject to intergovernmental review under this act” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, O ’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright and Young.—42.

Nay: McCune and Moore.—2.

Excused: Dennis, Rozell, Winn and York.—4.




Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HB 1051 was ordered granted. President Pro Tempore York referring same to GCCA.


GENERAL ORDER

HB 1185 by Glover of the House and Johnson of the Senate was called up for consideration.

Senator Johnson moved to amend HB 1185, Page 8, Line 2, by deleting the word “junior” before the word “ colleges” and inserting in lieu thereof ‘ ‘two-year’ ’, which amendment was declared adopted.

Senator Johnson moved to amend HB 1185, Page 1, by restoring the enacting clause, which amendment was declared adopted.



THIRD READING


On the question of passage of the bill and emergency the roll call resulted as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—43.

Nay: Smith.— 1.

Excused: Choate, Dennis, McIntyre and Y o r k .^ .



GENERAL ORDER

HB 1196 by Johnson (Don) of the House and Johnson of the Senate was called up for consideration.

Senator Johnson moved to amend HB 1196, Page 1, by restoring the enacting clause, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dawson, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—44.

Excused: Choate, Dahl, Dennis and York.—4.

The bill passed.



HAs to SB 199 were concurred in upon motion of Senator Capps.



Aye: Cain, Capps, Combs, Giles, Hopkins, Howell, Johnson, Kilpatrick, Leonard, McIntyre, O’Connor, Porter, Randle, Rhodes, Smith, Taliaferro, Taylor, Winn and York.— 19.

Nay: Boatner, Branch, Cate, Cullison, Dawson, Ford, Green, Keller, Lamb, Landis, Luton, McCune, McDaniel, Miller, Moore, Pierce, Roberts, Rozell, Schuelein, Shedrick, Stipe, Terrill, Watson, Wright and Young.—25.

Excused: Choate, Clifton, Dahl and Dennis.—4. /

The bill failed.

702 Senate Journal


Pursuant to Rule 12-24 Senator Capps moved that the vote be reconsidered whereby SB 199 failed.




SECOND READING


SJR 28 — Finance.

FIRST READING

The following was introduced and read the first time;

SJR 29 — By McDaniel of the Senate and Mentzer of the House.

A joint resolution requesting the State Auditor and Inspector to conduct an audit of the

Department of Human Services; directing the State Auditor and Inspector to enter into a contract for a performance audit of the Department of Human Services for certain purposes; making a certain position in the Department of Human Services a classified position under the Merit System of Personnel Administration; directing distribution; and declaring an emergency.


Advising approval by him, May 23, 1983, of Enrolled SB 230.

BILL RELEASED


Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Tuesday, May 24, 1983, at 1;30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 4;00 p.m. to meet Tuesday, May 24, 1983, at 1;30 p.m.

Seventy-third Legislative DayTuesday, May 24,1983


Roll Call:

Present; Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46,

Excused: Cate and Giles.—2.


The prayer was offered by Reverend Jim Wininger, First Baptist Church, Carney, the guest of Senator Shedrick.



Robert D . M cC ullough, II, T ulsa, as amember to the State Board o f Health.

Mary E. Simonds, Muskogee, as a member to the State Textbook Committee.





Advising fourth reading of and transmitting for signature Enrolled HBs 1134,1160, 1196, 1317, 1334 and 1399.


GENERAL ORDER


704 Senate Journal


THIRD READING



Aye: Boatner, Branch, Capps, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, and Young.—41.

Excused: Cain, Cate, Choate, Ford, Giles, O’Connor and York.—7.

The Chair advised that Senator Cain, having been present in the Chamber during the vote on HB 1072 would be shown voting “ Nay” in compliance with Rule 14-lB. The vote thereby resulted as follows: Aye: 41; Nay: 1; Excused: 6.

The bill passed.

Senator Cain desired to vote Aye on the emergency.




GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Cate, Giles and Randle.— 3.




Senator Taliaferro introduced his daughter-in-law, Claudia Taliaferro and grandchildren, Shane and Tanner, and asked unanimous consent, which was granted, that Shane and Tanner be named honorary pages and be granted privileges of the floor.


The CCR on SB 117 was adopted upon motion of Senator Howell.

SB II7 , as amended in Conference, was read at length.


Aye: Boatner, Branch, Capps, Clifton, Cullison, Dahl, Dennis, Green, Howell,

Seventy-third Legislative Day, Tuesday, May 24, 1983 705

Johnson, Kilpatrick, Landis, Luton, McDaniel, McIntyre, Randle, Rhodes, Roberts, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Winn, Wright and York.—27.

Nay: Cain, Combs, Dawson, Ford, Hopkins, Keller, Lamb, Leonard, McCune, Miller, Moore, O’Connor, Pierce, Porter, Rozell, Smith, Watson and Young.— 18.

Excused: Cate, Choate and Giles.— 3.

The bill passed.

Senators Cain and Rozell desired to vote Aye on the emergency.





HAs to SB 142 were concurred in upon motion of Senator Kilpatrick.



Aye: Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.-

Excused: Cate, Choate, Giles and Howell.—4.




The CCR on HB 1358 was adopted upon motion of Senator Clifton.



Aye: Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl. Dawson, Dennis, Ford, Green, Hopkins, Howell. Johnson. Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe. Taliaferro, Taylor, Terrill, Watson, Winn, Wright and YorL—43.

Excused: Cate, Choate, Giles. Randle and Young.—5.

The bill passed.


Pursuant to Rule 12-24 Senator Clifton moved that the vote be reconsidered whereby HB 1358 passed.


The CCR on SB 320 was called up for consideration.

Senator McDaniel moved the adoption of the CCR to SB 320.

706 Senate Journal

Senators Leonard and McDaniel moved as a substitute motion to reject the CCR on SB 320, request further conference and instruct the Senate conferees to add the following new Section 6 and renumbering subsequent sections:

SECTION 6. AMENDATORY 74 0.S . 1981, Section 7 is amended to read as follows:

Section 7. The Governor of the state of Oklahoma is hereby authorized, at the expense of the state, and within the limitations [hereinafter made] OE THE APPROPRIATION AUTHORIZED BELOW, to maintain in such manner as the Governor deems necessary and appropriate, the mansion provided for his occupancy by the State of Oklahoma and to pay all expenses connected with said occupancy. SUCH EXPENSES SHALL INCLUDE FOOD, ENTERTAINMENT AND SUCH OTHER EXPENDITURES AS WOULD BE NECESSARY AND PROPER FOR THE GOVERNOR, HIS FAMILY AND HIS GUESTS WHEN THE DUTIES OF THE OFFICE OF GOVERNOR DICTATES SUCH EXPENDITURES. [That the] THE expense of the occupancy and upkeep of said Governor’s Mansion shall be [the sum of Five Hundred Dollars ($500.00), per month,] FROM FUNDS APPROPRIATED ANNUALLY BY THE LEGISLATURE FROM THE GENERAL REVENUE FUND FOR SUCH PURPOSES, PROVIDED, THAT ANY SUCH FUNDS APPROPRIATED WHICH REMAIN AT THE END OF THE FISCAL YEAR SHALL BE REDEPOSITED IN THE GENERAL REVENUE FUND, [and] THE FUNDS shall be paid monthly upon a claim approved by the Governor of Oklahoma. THE GOVERNOR SHALL DEPOSIT SUCH FUNDS IN A SEPARATE ACCOUNT AND SHALL KEEP A RECORD OF ALL EXPENDITURES. AT THE END OF THE FISCAL YEAR, HE SHALL SUBMIT A REPORT, OR FINAL ACCOUNTING, OF SUCH EXPENDITURES TO THE

STATE AUDITOR AND INSPECTOR. SUCH REPORT SHALL BE A PUBLIC RECORD AND SHALL BE MADE AVAILABLE FOR INSPECTION UPON DEMAND., which substitute motion was declared adopted.

CONFEREES NAMED

Senator Schuelein announced the appointment of the same Senate conferees on SB 320 as Senators McDaniel, Taliaferro and Randle.


Senator Clifton asked unanimous consent to suspend Rule 12-24B to consider a motion to reconsider the vote whereby HB 1358 passed on Final Passage, which was the order.

Senator Clifton moved that the vote be reconsidered whereby HB 1358 passed on Final Passage, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Cate, Choate and Giles.—3. FOURTH READING

Senator Clifton moved that the vote be reconsidered whereby the CCR on HB 1358 was adopted, which motion was declared adopted.


The CCR on HB 1358 was rejected upon motion of Senator Clifton; further confer-


ence requested, President Pro Tempore York naming same Senate conferees as follows: Clifton, McDaniel and Branch.


Advising of prior rejection of SAs to Engrossed HB 1364, and naming Conferees as follows: Johnson (Don), Manar and Cotner.


Advising Conference granted on Engrossed SB 200, and naming House Conferees as follows: Draper, Boyd and Converse.


HAs to SB 193 were concurred in upon motion of Senator Winn.



Aye: Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, Miller, O’Connor, Pierce, Porter, Rhodes, Roberts, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—35.

Nay: Ford, Green, Howell, Leonard, Moore, Rozell, Smith and Wright.—8.

Excused: Cate, Choate, Giles, McIntyre and Randle.—5.

The bill passed.


P r e s id e n t P r o T e m p o r e Y o r k p r e s id in g .



HB 1278.GENERAL ORDER

HB 1327 by Talley of the House and Watson of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Cate, Choate and Giles.—3.




Advising of prior rejection of SAs to Engrossed HB 1409, and naming Conferees as follows: Harris, Hooper and Morgan.

708 Senate Journal


Advising further Conference granted on Engrossed SB 320, and naming same House Conferees as follows; Harbin, Haney and Deatherage.


Returning following Bill, together with Conference Comittee Report thereon, advising adoption of Conference Committee Report and passage of Measure as amended: Engrossed SB 267.


GENERAL ORDER

HB 1328 by Deatherage, et al, of the House and Watson of the Senate was called up f.jr consideration.


THIRD READING



Aye; Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Cate, Choate and Giles.—3.




HAs to SB 302 were rejected upon motion of Senator Luton, Conference requested, and Senate Conferees appointed as follows: Senators Luton, Rozell and Boatner.


Advising rejection of SAs to Engrossed HBs, requesting Conference and naming Conferees as follows;

HB 1090 — Deatherage, Barker and Willis.



HB 1108 — Davis (Guy), Murphy and Sherrer.

GENERAL ORDER

HB 1183 by Harbin of the House and Johnson of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller,


Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein. Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Cate, Choate, Giles andGreen.—4.




HAs to SB 138 were rejected upon motion of Senator Miller, Conference requested, and Senate Conferees appointed as follows: Senators Miller, Boatner and Howell.


HAs to SB 152 were rejected upon motion of Senator Keller, Conference requested, and Senate Conferees to be appointed later.




Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HBs were ordered granted. President Pro Tempore York appointing as Senate Conferees the following:

HB 1090 — Randle, York and Kilpatrick. HB 1091 — Randle, York and Kilpatrick. HB 1092 — Randle, York and Kilpatrick.

SECOND READING

The fo llow ing w as read the second timeand referred to the com m ittee indicated:

SJR 29 — Policy.

FIRST READING


SCR 17 — By Dahl and Rozell of the Senate and Hall, Haney, Reimer, Hamilton, Vanatta, Blodgett, Johnson (Glen), Smith (Jerry), Lewis and Formby of the House.

A concurrent resolution requesting the United States Postmaster General authorize the first day of issue of the Jim Thorpe Commemorative Postage Stamp to be May 22, 1984, in Yale, Oklahoma; commending the Postmaster General; acknowledging Jim Thorpe as Oklahoma’s native son; describing historical accomplishments and family background; verifying his home to be a registered national historic place; providing permanent record; and directing distribution.

SCR 18 — By Howell of the Senate and Monks of the House.

A concurrent resolution memorializing the United States Postal Service to commemorate the service of the American night- fighter squadrons of World War II by issuing a postage stamp depicting the P-61 “ Black Widow’’ aircraft; and directing distribution.



HB 1141 —Virtue

HB 1156 —(Frank)

HB 1199 — ders, Henshaw

HB 1286 — HB 1292 —

Deatherage, Anderson and

Harris, Henry and Davis

Brown, Davis (Guy), San- and GloverConferees to be named later Riggs, Anderson and Henry

710 Senate Journal



SB 283 — McCorkell, Harris and Anderson

SB 299 — Holden, Davis (Frank) and Smith (Jerry)


Advising further Conference granted on Engrossed HB 1358, and naming same

House Conferees as follows: Sill, Holden and Osborne.

BILL RELEASED


Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday, May 25, 1983, at 1:30 p.m ., which motion prevailed.


Seventy-fourth Legislative DayWednesday, May 25,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.

Excused: Giles.— 1.


The prayer was offered by Reverend Bill Stacy, Perkins, United Methodist Church, the guest of Senator Shedrick.



Burl Bartlett, Kingfisher, as a member to the State Board of Education, to fill the unexpired six year term, ending April 1, 1986, and effective upon Senate confirmation. Mr. Bartlett will succeed Harry Shackelford (deceased).

Paul Carris, McAlester, as a member to the Oklahoma Horse Racing Commission, to serve a term of two years ending January 3. 1985, and effective upon Senate confirmation. (New Commission)

Bill Doenges, Bartlesville, as a member to the State Transportation Commission, to serve a term of eight years ending February 15, 1985, and effective upon Senate confirmation. Mr. Doenges will succeed Wm. R. Nash (resigned).

T.J. Henry, Lawton, as a member to the Oklahoma Horse Racing Commission, to serve a term of two years ending January 3, 1985, and effective upon Senate confirmation. (New Commission)

Delores O. Mitchell, Sallisaw, as a member to the Oklahoma Horse Racing Commission, to serve a term of six years ending January 3, 1989, and effective upon Senate confirmation. (New Commission)

712 Senate Journal

Kenneth Russworm, Watonga, as a member to the Oklahoma Horse Racing Commission, to serve a term of four years ending January 3, 1987, and effective upon Senate confirmation. (New Commission)











Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HBs was ordered granted, President Pro Tempore York appointing as Senate Conferees the following:

HB 1108 — Dennis, Dawson and Capps HB 1141 — Cate, Clifton and Luton HB 1156 — Taliaferro, Stipe and Rhodes

HB 1199 — Taylor, York, Combs, Clifton and Lamb

HB 1286 — Randle, Shedrick and Howell

HB 1292 — Landis, Leonard and Stipe

GENERAL ORDER

SCR 13 by Howell of the Senate and Fried of the House was called up for consideration.

Senators Cain, Cate, Hopkins and Rozell and Representatives Adair, Anderson, Brown, Cox, Craighead, Davis (Guy), Duke, McCorkell and Virtue asked to coauthor SCR 13, which was the order.

Senator Rhodes moved to amend SCR 13, Page 2, Line 1, by deleting after the word “ will” and before the word “ cause” on Line 4 all language, which amendment was tabled upon motion of Senator Howell upon roll call as follows:

Aye: Boatner, Cain, Capps, Cate, Clifton, Combs, Dahl, Dawson, Dennis, Howell, Johnson, Kilpatrick, Landis, Leonard, Luton, McDaniel, Randle, Roberts, Schuelein, Shedrick, Stipe, Taliaferro, Terrill and York.—24.

Nay: Branch, Choate, Cullison, Ford, Green, Hopkins, Keller, Lamb, McCune, Miller, Moore, O’Connor, Pierce, Rhodes, Rozell, Smith, Taylor, Watson, Winn, Wright and Young.—21.

Excused: Giles, McIntyre and Porter.—3.

Senator Rhodes moved to amend SCR 13, Page 2, Line 9, by deleting after the word “ credits” and before the word “ may” on Line 12 all language.

Senator Howell moved to table the Rhodes amendment to SCR 13, which motion was declared failed of adoption upon roll call as follows:

Seventy-fourth Legislative Day, Wednesday, May 25, 1983 713

Aye: Boatner, Cain, Capps, Cate, Clifton, Dahl, Dawson, Dennis, Hopkins, Howell, Johnson, Landis, Luton, McDaniel, McIntyre, Randle, Schuelein, Shedrick, Stipe, Taliaferro, Terrill and York.— 22.

Nay: Branch, Choate, Combs, Cullison, Ford, Green, Keller, Kilpatrick, Lamb, Leonard, McCune, Miller, Moore, O ’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Smith, Taylor, Watson, Winn, Wright and Young.—25.


Senator Rhodes pressed his motion to adopt his amendment to SCR 13, which amendment was declared failed of adoption upon roll call as follows:

Aye: Branch, Choate, Combs, Cullison, Ford, Keller, Kilpatrick, Lamb, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Roberts, Smith, Taylor, Watson, Winn, Wright and Young.—21.

Nay: Boatner, Cain, Capps, Cate, Clifton, Dahl, Dawson, Dennis, Hopkins, Howell, Johnson, Landis, Luton, McDaniel, McIntyre, Porter, Randle, Rozell, Schuelein, Shedrick, Taliaferro, Terrill and York.—23.

Excused: Giles, Green, Miller and Stipe.—4.

The Chair advised that Senators Green and Stipe, having been present in the Chamber during the vote on the Rhodes amendment to SCR 13 would be shown voting “ Nay” in compliance with Rule 14-1B. The vote thereby resulted as follows: Aye: 21; Nay: 25; Excused: 2.

Senator Rhodes moved to amend SCR 13, Page 2, Line 15, by deleting all language on Lines 15, 16, 17, and 18 and Line 1 on Page 3, which amendment was tabled upon motion of Senator Howell upon roll call as follows:

Aye: Boatner, Cain, Capps, Cate, Clifton, Dahl, Dawson, Dennis, Hopkins, Howell, Kilpatrick, Landis, Luton, McDaniel, McIntyre, Porter, Randle, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Terrill and York.—24.

Nay: Branch, Choate, Combs, Cullison, Ford, Green, Johnson, Keller, Lamb, Leonard, McCune, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Smith, Taylor, Watson, Winn and Wright.—22.

Excused: Giles and Young.—2.

Senator Moore moved to amend SCR 13, Page 3, Line 2, by striking all language on Lines 2 through 6, which amendment was tabled upon motion of Senator Howell upon roll call as follows:

Aye: Boatner, Cain, Capps, Cate, Clifton, Cullison, Dahl, Dawson, Dennis, Howell, Kilpatrick, Landis, Luton, McDaniel, Miller, Randle, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Terrill and York.—23.

Nay: Branch, Choate, Ford, Green, Hopkins, Johnson, Keller, Lamb, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Smith, Stipe, Taylor, Watson, Winn and Wright.—20.

Excused: Combs, Giles, McIntyre, Porter and Young.—5.

Senator Moore moved to amend SCR 13, Page 3, Line 11, by adding after the word “ Whereas,” and before the word “ such” the following: “ , recognizing the valuable contribution of private Christian education to the state of Oklahoma,” , which amendment was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb,

714 Senate Journal

Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Smith, Stipe, Taylor, Terrill, Watson, Winn, Wright and York.—43.

Excused; Giles, McIntyre, Porter, Taliaferro and Young.—5.

Senator Smith moved to amend SCR 13, Page 2, Line 1, by striking all language on Page 2 through Line 15 on Page 3 and by striking the word “ and” on Page 1, Line 6.

Senator Howell moved to table the Smith amendment to SCR 13, which motion was declared failed of adoption upon roll call as follows:

Aye: Cain, Capps, Cate, Clifton, Culli- son, Dahl, Dawson, Howell, Luton, McDaniel, Miller, Randle, Roberts, Rozell, Shedrick, Stipe and York.— 17.

Nay; Boatner, Branch, Choate, Combs, Ford, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Schuelein, Smith, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—26.

Excused: Dennis, Giles, McIntyre, Porter and Young.—5.

Senator Smith pressed his motion to adopt his amendment to SCR 13, which amendment was declared adopted upon a division of the question.

SCR 13 was adopted upon motion of Senator Howell and ordered referred for engrossment.



SB 18 SB 19 SB 20 SB 21 SB 29 SB 32 SB 34 SB 35 SB 38 SB 39 SB 44 SB 45 SB 48 SB 50 SB 56SB 65, removing Draper as author and

naming Deatherage as principal House author and Draper as coauthor.

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 1091HB 1358 (2nd CCR)


Senator Leonard asked unanimous consent to extend the time to Tuesday, May 31, 1983, on his motion to reconsider the vote whereby SB 90 and the emergency passed, which was the order.

BILL WITHDRAWN—REREFERRED

Senator Cate asked unanimous consent, which was granted, to withdraw HB 1117 from the Calendar and rerefer same to the Policy Committee.


GENERAL ORDER



THIRD READING



Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, O’Connor, Randle, Rhodes, Roberts, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Winn, Wright and York.—36.

Nay: Boatner, Landis, Miller, Moore, Pierce, Rozell, Smith and Watson.—8.

Excused: Giles, McIntyre, Porter and Young.— 4.




GENERAL ORDER


Senator Kilpatrick m oved that H B 1063be advanced, w hich m otion w as declaredadopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, Miller, O’Connor, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—38.

Nay: McCune, Moore, Pierce andSmith.—4.

Excused: Choate, Clifton, Giles, McIntyre, Porter and Young.—6.



GENERAL ORDER


Senator Smith moved to amend HB 1065, Page 6, Line 11 'A, by adding a new Section 7 to read as follows and renumber subsequent sections:

“ SECTION 7. It is the intent of the Legislature that all agencies of state government which deal with agriculture shall be housed in the Agriculture Building. The Department of Agriculture shall provide space for the Beef Commission, Peanut Commission, Pork Commission, Sheep and Wool Commission, the Wheat Commission and the Foresters Board, and the said commissions and boards shall move into said Agriculture

716 Senate Journal

Building upon termination of any other lease arrangements.” , which amendment was tabled upon motion of Senator Kilpatrick upon roll call as follows;

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Luton, McDaniel, Miller, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and York.—34.

Nay: Ford, Green, Leonard, McCune, Moore, O’Connor, Rhodes, Smith and Wright.—9.

Excused; Giles, McIntyre, Pierce, Porter and Young.—5.


THIRD READING



Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn and York.—37.

Nay; Dennis, Green, Roberts, Rozell, Smith, Stipe and Wright.—7.

Excused; Giles, McIntyre, Porter and Young.—4.



Pursuant to Rule 12-24 Senator Dennis moved that the vote be reconsidered whereby HB 1065 passed.

INTRODUCTION

Senator Leonard introduced his father-in- law, Everett Laughlin, former member of the Illinois Legislature, to the Senate.

GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—41.

Nay: Dennis and Roberts.—2.

Excused: Choate, Giles, McIntyre, Porter and Young.— 5.




GENERAL ORDER



THIRD READING



Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, Miller, Moore, O ’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—42.

Nay: Dawson and Landis.—2.

Excused: Giles, McIntyre, Porter and Young.—4.



GENERAL ORDER


Senator Cain m oved that H B 1147 be advanced, w hich m otion w as declared adopted.

THIRD READING



Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.- ^ 2 .

Excused: Branch, Giles, McIntyre, Porter, York and Young.—6.




HAS to SBs 18,19 ,20 ,21 ,29 ,32 ,34 ,35 , 38, 39, 44, 45, 48, 50, 56 and 65 were rejected upon motion of Senator Randle, Conference requested, and said bills referred to GCCA.

GENERAL ORDER

HB 1207 by Thompson of the House and Johnson of the Senate was called up for consideration.


THIRD READING



r718 Senate Journal

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Randle, Rhodes, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—39.

Nay: Ford, Pierce and Smith.— 3.

Excused: Giles, McIntyre, Porter, Roberts, York and Young.— 6.




Advising Conference granted on Engrossed SB 138, referring Bill to GCCA, and requesting the Honorable Senate to withdraw SB 138 from Special Conference and refer same to GCCA.

GENERAL ORDER

HB 1256 by Johnson (Don) of the House and Johnson of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb,

Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—-41.

Excused: Choate, Giles, McIntyre, Porter, Randle, York and Young.—7.




Senator Capps moved that the vote be reconsidered whereby SB 199 failed on Final Passage, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, O’Connor, Randle, Rhodes, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson and Winn.—37.

Nay: Cullison, Moore, Pierce, Roberts, Rozell and Wright.—6.

Excused: Giles, McIntyre, Porter, York and Young.—5.

FINAL PASSAGE



Aye: Branch, Cain, Cate, Choate, Clifton, Combs, Dahl, Dennis, Ford, Howell, Johnson, Keller, Kilpatrick, Leonard, Luton, McCune, McDaniel, Miller, O’Connor, Randle, Rhodes, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor and Watson.—28.


Nay; Boatner, Cullison, Green, Hopkins, Lamb, Landis, Moore, Pierce, Roberts, Rozell, Terrill, Winn and Wright.— 13.

Excused: Capps, Dawson, Giles, McIntyre, Porter, York and Young.—7.

The bill passed.





CONFEREES NAMED

Senator Schuelein announced the appointment of the following Conferees:

SB 148 — Senators Terrill, Watson and Clifton.

SB 152 — Senators Keller, Johnson and Clifton.


Advising Conference granted on Engrossed SBs 18, 19, 20, 21, 29, 32, 34, 35, 38, 39, 44, 45, 48, 50, 56 and 65, andreferring same to GCCA.

GENERAL ORDER

HB 1307 by Johnson (Don) of the House and Shedrick of the Senate was called up for consideration.

Senator Shedrick m oved that H B 1307 beadvanced, which m otion was declaredadopted.

THIRD READING



Aye: Cain, Cate, Clifton, Cullison, Dahl, Dawson, Howell, Kilpatrick, Leonard, Luton, Miller, O’Connor, Randle, Rozell, Shedrick, Smith, Taylor, Terrill, Winn and York.—20.

Nay: Boatner, Branch, Capps, Choate, Combs, Dennis, Ford, Green, Hopkins, Johnson, Keller, Lamb, Landis, McCune, McDaniel, Moore, Pierce, Rhodes, Roberts, Schuelein, Taliaferro, Watson and Wright.—23.

Excused; Giles, McIntyre, Porter, Stipe and Young.—5.

The bill failed.


Pursuant to Rule 12-24 Senator Shedrick moved that the vote be reconsidered whereby HB 1307 failed.





SB 79SB 240 (Conference Committee Substi

tute)SB 274 (Conference Committee Substi

tute)

720 Senate Journal

FIRST READING


SR 25 — By Stipe, York, Winn, Leonard, Miller, Dahl, Boatner, Green, Howell, Capps, Landis, Terrill, Watson, Taliaferro, Roberts, Cate, Dennis, Dawson, Lamb, Luton, Branch, Shedrick, Hopkins, Wright, Choate, Ford, Cain, O’Connor, Moore, Keller and Smith.

A resolution memorializing the Oklahoma Corporation Commission to allow certain order to expire; directing no further restrictions be placed on natural gas production without ninety-day hearing period; requiring consideration of all economic interests; and directing distribution.


Senator Stipe asked unanimous consent to suspend Rule 5-4 and refer SR 25 direct to the Calendar, which was the order.


Advising rejection of SAs to Engrossed HBs 1067, 1068, 1069, 1070 and 1071, requesting conference and referring Bills to GCCA.



Senator York moved to limit debate on adoption of the CCR on HB 1091 to 30 minute per side, which motion was declared adopted.

Senator York moved to limit debate on Fourth Reading on HB 1091 to 30 minutes per side, which motion was declared adopted.

The CCR on HB 1091 was adopted upon motion of Senator York.



Aye: Boatner, Cain, Cate, Clifton, Combs, Dahl, Dawson, Dennis, Green, Howell, Johnson, Keller, Kilpatrick, Leonard, McCune, McDaniel, Miller, O’Connor, Pierce, Randle, Rhodes, Rozell, Schuelein, Shedrick, Smith, Taylor, Watson, Wright and York.—29.

Nay: Branch, Capps, Choate, Cullison, Hopkins, Lamb, Landis, Luton, Moore, Roberts, Stipe, Taliaferro and Terrill.— 13.

Excused: Ford, Giles, McIntyre, Porter, Winn and Young.—6.

The bill passed.

Senators Taliaferro, Capps and Landis desired to vote Aye on the emergency.




SECOND READING


SCR 17 — General Government.SCR 18 — General Government.


CONFERENCE COMMITTEE APPOINTMENT — GCCA

President Pro Tempore York announced the appointment of the following Senators as conferees on the General Conference Committee on Appropriations:


CainCappsCliftonCullisonHowellJohnsonMcDaniel

BoatnerCateLandis

SchueleinShedrickStipeTaliaferroTerrillWatson

Alternates

RozellTaylor

CONFEREES APPOINTED GCCA SUBCOMMITTEES

President Pro Tempore York announced the following appointments for subcommittees of the General Conference Committee on Appropriations:

EDUCATION

Randle, Ch. Howell

Shedrick Taylor, alternate

REGULATORY AND NATURAL RESOURCES

Kilpatrick, Ch. TaliaferroCapps Boatner, alternate

GENERAL GOVERNMENT

McDaniel, Ch. Clifton

Schuelein Rozell, alternate

Cain, Ch. Cullison

SOCIAL SERVICES

Watson Cate, alternate

PUBLIC SAFETY

Terrill, Ch. Johnson

StipeLandis, alternate





Advising approval by him, May 24, 1983, of Enrolled SB 134.


Upon motion of Senator Schuelein, the Senate adjourned at 4:10 p. m. to meet Thursday, May 26, 1983, at 10:00 a.m.

Seventy-fifth Legislative DayThursday, May 26,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O ’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—42.

Excused: Cate, Clifton, Dennis, McIntyre, Smith and Stipe.—6.


The prayer was offered by Reverend Gary Fenton, First Baptist Church, Stillwater, the guest of Senator Shedrick.


SC R 13 w as correctly engrossed, properlysigned and ordered transmitted to the Honorable H ouse for consideration.




Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HBs 1067, 1068, 1069, 1070 and 1071 was ordered granted. President Pro Tempore York referring same to GCCA.




On the question of passage of the bill and emergency, the roll call resulted as follows.

T

724 Senate Journal

Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Ford, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Ro- zell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—38.

Excused: Cate, Clifton, Dennis, Giles, Keller, McIntyre, Randle, Smith, Stipe and York.— 10.



INTRODUCTION

Senator Porter introduced his daughter, Sonya, to the Senate.


HAs to SB 223 were rejected upon motion of Senator Johnson, Conference requested, and Senate Conferees appointed as follows: Senators Johnson, Taliaferro and Roberts.


HAs to SB 276 were concurred in upon motion of Senator Roberts.



Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Ro- zell, Schuelein, Shedrick, Taliaferro, Tay

lor, Terrill, Watson, Winn, Wright and Young.—38.

Nay: Dawson.— 1.

Excused: Cate, Clifton, Dennis, Keller, McIntyre, Randle, Smith, Stipe and York.—9.




Senator Miller moved the adoption of the Committee Report on Executive Nominations, shown on Pages 711 and 712.

Senator Wright moved that the appointees to the Horse Racing Commission be considered separate and apart, which motion was tabled upon motion of Senator Miller.

Senator Miller pressed his motion to adopt the Committee Report, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Capps, Choate, Combs, Cullison, Dahl, Dawson, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, Miller, Pierce, Porter, Randle, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill and York.—30.

Nay: McCune, Moore, O’Connor, Rhodes, Roberts, Watson, Winn and Wright.—8.

Excused: Branch, Cain, Cate, Clifton, Dennis, Giles, McIntyre, Smith, Stipe and Young.— 10.

Seventy-fifth Legislative Day, Thursday, May 26, 1983 725



SB 22.SB 23.SB 28.SB 30.SB 40.SB 42.SB 43.SB 51.


The CCR on HB 1208 was adopted upon motion of Senator O’Connor.


On the question of passage of the bill, the roll call resulted as follows.

Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor. Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 41.

Excused: Cate, Clifton, Dennis, Giles, McIntyre, Smith and Stipe.—7.

The bill passed.




HCR 1017 — By Draper of the House and York of the Senate.

A concurrent resolution adjourning the 1st Session of the 39th Oklahoma Legislature from the 26th day of May, 1983, until the 31st day of May, 1983, in observance of Memorial Day.



Senator York asked unanimous consent to suspend Rule 5-4 and refer HCR 1017 direct to the Calendar for consideration on this date, which was the order.

GENERAL ORDER

HCR 1017 by Draper of the House and York of the Senate was called up for consideration.

HCR 1017 was adopted upon motion of Senator York, properly signed and ordered returned to the Honorable House.

COMMITTEE REPORTS


DO PASS:

HCR 1013 — Education.



HB 1364.HB 1372.

r726 Senate Journal


Advising rejection of CCR to Engrossed SB 117, requesting further Conference and naming same Conferees as follows: Joiner, Fried and Brown.




Advising rejection of SAs to Engrossed HB 1104, requesting Conference and naming Conferees as follows: Converse, Vaughn and Abbott.



SB 148 — Barker, Harris and Hale.SB 152 — Duckett, Leftwich and Cole. SB 302 — Lancaster, Hooper and Craig

head.MESSAGE FROM THE HOUSE

Advising naming of House Conferees on Engrossed HBs as follows:

HB 1187 — Henry, Barker and Deathe- rage.

HB 1286 — Williams (Penny), Fried and Henry.MESSAGE FROM THE HOUSE








SB 200.


Advising approval by him. May 26, 1983, of Enrolled SBs 137, 142 and 193.

BILL RELEASED


Senator Schuelein, pursuant to Enrolled HCR 1017, moved that when the Clerk’s desk is clear, the Senate stand recessed to convene Tuesday, May 31, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 10:35 a.m. to meet Tuesday, May 31, 1983, at 1:30 p.m.

Seventy-sixth Legislative DayTuesday, May 31,1983


Roll call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, and York.—46.



The prayer was offered by Reverend R. L. Walker, Conference Evangelist for the African Methodist Episcopal Church, Tulsa, the guest of Senator McIntyre.


President Pro Tempore York introduced United States Senator Gary Hart, Colorado, to the Senate and asked unanimous consent that Senator Hart and his party be allowed

privileges of the floor, which was the order. Senator Hart delivered an address to the Senate.

Senator York moved that the Senate stand at ease, which motion was declared adopted.

The Senate reassembled in its Chamber with Senator Cullison presiding. Senator Schuelein questioned a quorum. The Presiding Officer ordered the roll called, following which a quorum was declared present.



Allen Coles, Oklahoma City, as a member to the Oklahoma Horse Racing Commission, to serve a term of two years ending January 3, 1985, and effective upon Senate confirmation.

Sheldon Detrick, Tulsa, as a member to the Oklahoma Horse Racing Commission, to serve a term of four years ending January 3,

728 Senate Journal

1987, and effective upon Senate confirmation.

Tommy Ray Young, Woodward, as a member to the Oklahoma Horse Racing Commission, to serve a term of six years ending January 3, 1989, and effective upon Senate confirmation.



Bob F. Alice, Elk City, as a member to the Board of Regents of Higher Education.

Claireece E. Borin, Fox, as a member to the State Textbook Committee.

H. Harold Coffelt, Lawton, as a member to the Used Motor Vehicle and Parts Commission.

Lee Holcombe, Pawhuska, as a member to the State Board of Agriculture.

Kay L. Hood, Chickasha, as a member to the State Textbook Committee.

T.G. “ Thad” Johnson, El Reno, as a member to the Board of Regents of El Reno Junior College.

Barbara A. Lowe, Muskogee, as a member to the State Textbook Committee.

Rick Woolery, Sapulpa, as a member to the Board of Regents of Tulsa Junior College.







Senator Pierce introduced Mr. Hartmut Groos, Republic of West Germany, to the Senate and noted that Mr. Groos is visiting this country representing his country in a cultural, political and friendship exchange. Mr. Groos is a civil service employee and was welcomed by the Senate.




Advising rejection of SAs to Engrossed HBs 1048, 1062, 1063, 1066, 1072, 1073 and 1147 requesting conference and referring Bills to GCCA.

DECLARATION OF VOTE

Senator Wright asked that the record reflect a vote of “ Aye” on the confirmations of Burl Bartlett and Bill Doenges, if his motion to consider them separate had been adopted, shown on Page 711, which was the order.

GENERAL ORDER

HB 1264 by Kelly, et al, of the House and Roberts of the Senate was called up for consideration.


THIRD READING


Seventy-sixth Legislative Day, Tuesday, May 31, 1983 729


Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schue- lein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright and Y o rk .^ 2 .

Excused: Choate, Giles, Miller, Moore, Winn and Young.—6.

The bill passed.


GENERAL ORDER

HB 1416 by Harbin of the House and McDaniel of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright and York.—41.

Excused: Choate, Giles, McIntyre, Miller, Porter, Winn and Young.—7.



GENERAL ORDER

HB 1425 by Harbin of the House and McDaniel of the Senate was called up for consideration.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.-

Excused: Giles, McIntyre, Miller and Young.—4.




Upon motion of Senator Schuelein, the request of the Honorable House for further

730 Senate Journal

Conference on SB 117 was ordered granted, President Pro Tempore York appointing same Senate Conferees as follows; Senators Howell, Cate and Shedrick.


HB 1104 — Boatner, Winn and Rozell.HB 1187 — Smith, Watson and Clifton.



The CCR on SB 79 was adopted upon motion of Senator McDaniel.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—45.

Excused: Giles, Porter and Young.—3.



Pursuant to Rule 12-24 Senator Pierce moved that the vote be reconsidered whereby SB 79 passed.

GENERAL ORDER

HB 1268 by Draper, et al, of the House and Randle of the Senate was called up for consideration.

Senator Randle moved to amend HB 1268, Page 7, Line 11 Vi, by adding a new Section 3 as follows:

“ SECTION 3. AMENDATORY Section 1, Chapter 323,0.S .L . 1982, as amended by Section 39, Chapter 374, O.S.L. 1982 (62 O.S. Supp. 1982, Section 57.200), is amended to read as follows:

Section 57.200 A. There is hereby created in the State Treasury a special fund to be designated the “ Special Sinking Reserve Fund” . This fund shall be in addition to other funds established to retire state building bonds issues. The Special Sinking Reserve Fund shall consist of monies, if any, which have accrued to the State General Revenue Fund at the close of the fiscal years ending June 30, 1982, [June 30,1983,] and June 30, 1984, in excess of the amounts required to satisfy all appropriations made from the State General Revenue Fund for the then current fiscal year together with all other statutory obligations.

B. This fund shall be for the purpose of accumulating money to retire, as they become due, all outstanding general obligation bonds including the Oklahoma Building Bonds of 1961; the Oklahoma Building Bonds of 1965, University of Oklahoma Medical Center; the Oklahoma Institution Building Bonds of 1965, Series A, B, C and D; the Oklahoma Refunding Bonds of 1977; and Oklahoma Institution Building Bonds of 1968, Series C and D. Revenues to this fund shall be invested by the State Treasurer and all interest thereon shall accrue to said fund, except that the State Treasurer shall first deposit the interest, as it accrues, to the University Bonds Escrow Fund as provided in subsections D and E of this section.


C. The Director of State Finance at the close of each of the fiscal years specified in subsection A of this section shall transfer to the Special Sinking Reserve Fund from any General Revenue Fund surplus, an amount not to exceed Thirty-seven Million Dollars ($37,000,000.00) for each fiscal year, until the fund contains an amount equal to that required to meet the obligations of the listed bonds specified in subsection B of this section, less the amount on hand and identified as available to meet the obligations.

D. There is hereby created in the State Treasury the ‘University Bonds Escrow Fund’. This fund shall receive the accruing interest of the Special Reserve Sinking Fund in an amount not to exceed Nine Million Dollars ($9,000,000.00), and the State Treasurer is authorized to expend said interest as provided in subsection E of this section.

E. The State Treasurer is hereby authorized and directed to purchase and redeem or establish escrow accounts and defease the following designated bonds of the stated universities:

1. Cameron State Agricultural College Student Housing System Revenue Bonds of 1963, Series A and B, dated April 1, 1963, in the original combined amount of One Million Four Hundred Seventy Thousand Dollars ($1,470,000.00).

2. Cameron State Agricultural College Student Housing System Revenue Bonds of 1967, dated April 1, 1967, in the original amount of Six Million Two Hundred Forty-five Thousand Dollars ($6,245,000.00).

3. Northwestern State College Student Union/Dormitory Revenue Bonds of 1960, dated December 1, 1960, in the original amount of Five Hundred Thousand Dollars ($500,000.00).

4. Northwestern State College Student Union/Dormitory Revenue Bonds of 1965, dated January 1, 1965, in the original amount of Nine Hundred Thousand Dollars ($900,000.00).

5. Northwestern State College Student Union/Dormitory Revenue Bonds of1965, dated November 1, 1965, in the original amount of One Million Dollars ($1,000,000.00).

6. Northwestern State College Student Union/Dormitory Revenue Bonds of1966, dated December 1, 1966, in the original amount of One Million Six Hundred Fifty Thousand Dollars ($1,650,000.00).

7. Northeastern State College at Tahle- quah Refunding and Student Housing System Revenue Bonds of 1958, dated December 1, 1958, in the original amount of One Million Seven Hundred Sixty Thousand Dollars ($1,760,000.00).

8. Northeastern State College Dormitory Building Revenue Bonds of 1960, dated December 1, 1960, in the original amount of One Million Four Hundred Twenty Thousand Dollars ($1,420,000.00).

9. Northeastern State College at Tahle- quah Dormitory Building Revenue Bonds of 1962, dated December 1, 1962, in the original amount of One Million Three Hundred Fifty Thousand Dollars ($1,350,000.00).

10. Northeastern State College at Tahle- quah Dormitory Revenue Bonds of 1964, dated December 1, 1964, in the original amount of Five Hundred Fifteen Thousand Dollars ($515,000.00).

11. Northeastern State College Dormitory Building Revenue Bonds of 1966,

732 Senate Journal

dated December 1, 1966, in the original amount of Two Million Dollars ($2 ,000,000.00).

12. Northeastern State College Dormitory Building Revenue Bonds of 1967, dated December 1, 1967, in the original amount of One Million Five Hundred Forty Thousand Dollars ($1,540,000.00).

13. Northeastern State College Apartment Building Revenue Bonds, dated December 1, 1967, in the original amount of Nine Hundred Thousand Dollars ($900,000.00).

The bonds shall be redeemed or purchased from monies in the University Bond Escrow Fund at any price which is less than the face amount of the bonds, and the State Treasurer may enter into such other agreements in connection therewith as may be necessary or appropriate, or to purchase governmental obligations in principal amounts, bearing rates of interest and maturing at such times so as to provide funds sufficient to pay the bonds under the applicable series bond resolutions at or before maturity. The bonds shall be redeemed, purchased or defeased in the order set forth.” , and renumber subsequent sections, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, How

ell, Johnson, Keller, Kilpatrick, Landis, Leonard, Luton, McCune, MeDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schue- lein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—43.

Nay: Lamb.— 1.

Excused: Clifton, Giles, Porter and Young.—4.




Advising passage of and returning the following Engrossed Bills as amended:

SB 52 SB 57SB 301, coauthored by Duckett and Wil

liams (Penny) of the House


Transmitting the following Bills, together with Conference Committee Reports thereon, advising adoption of Conferenee Committee Reports and passage of measures as amended:

HB 1106, coauthored by Whorton of the House

HB 1380

GENERAL ORDER

HB 1266 by Draper, et al, of the House and Randle of the Senate was called up for consideration.


Senator Randle moved to amend HB 1266, Page 1, by crippling the title, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Randle, Rhodes, Roberts, Rozell, Sehuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Y ork.-43.

Nay; Pierce and Smith.— 2.

Excused: Giles, Porter and Young.—3.




Senator Leonard moved that the vote be reconsidered whereby SB 90 and the emergency passed on Final Passage.

Senator Stipe moved to table the Leonard motion, which motion was declared failed of adoption upon roll call as follows:

Aye; Boatner, Branch, Cate, Clifton, Combs, Cullison, Dahl, Dennis, Green, Hopkins, Johnson, Luton, McDaniel, McIntyre, Miller, Porter, Randle, Roberts, Rozell, Shedrick, Stipe and York.—22.

Nay: Cain, Capps, Choate, Dawson, Ford, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Sehuelein, Smith, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—24.

Excused; Giles and Young.—2.

Senator Leonard pressed his motion to re- eonsider, which motion was declared failed of adoption upon roll call as follows;

Aye: Cain, Capps, Choate, Dawson, Ford, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Sehuelein, Smith, Taliaferro, Taylor, Terrill, Watson and Wright.—23.

Nay: Boatner, Braneh, Cate, Clifton, Combs, Cullison, Dahl, Dennis, Green, Hopkins, Johnson, Luton, McDaniel, McIntyre, Miller, Porter, Randle, Roberts, Rozell, Shedrick, Stipe and York.—22.

Excused: Giles, Winn and Young.—3.

House amendments were properly signed and SB 90 was ordered referred for enrollment.

GENERAL ORDER

SR 25 by Stipe, et al, of the Senate was called up for consideration.

Senators Rhodes and Combs asked to coauthor SR 25, which was the order.





r

734 Senate Journal

GENERAL ORDER



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—41.

Nay: Green, O’Connor, Pierce, Porter and Smith.—5.





Senator McDaniel moved to suspend Joint Rule 17(a) in order that the Senate can consider SJR29 this session, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick,

Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—46.






Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—46.






HB 1327 — Talley, Deatherage and Barker

HB 1328 — Deatherage, Talley and Barker



Advising Conference granted on Engrossed SB 223, and naming House Conferees as follows: Sanders, Johnson (Don) and Kamas.


HAs to SB 321 were concurred in upon motion of Senator Luton.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—45.

Excused: Giles, Smith and Young.—3.




Senator Shedrick moved that the vote be reconsidered whereby HB 1307 failed of passage, which motion was declared adopted upon roll call as follows:

Aye; Boatner, Branch, Cain, Cate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Hopkins, Howell, Johnson, Kilpatrick, Landis, Luton, McDaniel, McIntyre, Miller, Porter, Randle, Rozell, Shedrick, Stipe, Taylor, Winn and York.—27.

Nay: Capps, Choate, Green, Keller, Lamb, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Schuelein, Taliaferro, Terrill, Watson and Wright.— 16.

Excused: Dahl, Giles, Roberts, Smith and Young.—5.

The Chair advised that Senator Roberts, having been present in the Chamber during the vote on the reconsideration motion of HB 1307, would be shown voting “ Nay” in compliance with Rule 14-IB. The vote thereby resulted as follows: Aye: 27; Nay: 17; Excused: 4.

HB 1307 remains on Third Reading.


HAs to SBs 22 ,23 ,28 ,30 ,40 ,42 ,43 ,51 ,52 and 57 were rejected upon motion of Senator Schuelein, Conference requested, and said bill referred to GCCA.


Advising appointment of the following members to the General Conference Committee on Appropriations, and appropriate subcommittees, by the Speaker of the House of Representatives.

Deatherage, Chairman Barker, Vice Chairman

Brown KamasDavis (Guy) LewisDuke ManarFitzgibbon MentzerFried MurphyGlover ReimerHaney SandersHarbin TalleyHenry ThompsonHobson VanattaHolt WillisJohnson (Don)

736 Senate Journal

GCCA SUBCOMMITTEES

EDUCATION

Deatherage, Ch. HaneyDuke ReimerFried

GENERAL GOVERNMENT AND JUDICIARY

Henry, V. Ch.GloverHolt

LewisSanders

HEALTH AND SOCIAL SERVICES

Barker, V. Ch.BrownMentzer

TalleyWillis

REGULATORY AND NATURAL RESOURCES

Harbin, Ch. KamasFitzgibbon MurphyJohnson (Don)

TRANSPORTATION AND PUBLIC SAFETY

Hobson, V. Ch. Davis (Guy) Manar

ThompsonVanatta


Advising Conference granted on Engrossed SBs 22, 23, 28, 30, 40, 42, 43, 51, 52 and 57 and referring Bills to GCCA.


Advising approval by him, May 26,1983, of Enrolled SB 247 and on May 31, 1983, of Enrolled SBs 199 and 267.

BILL RELEASED


Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday June 1, 1983, at 1:30 p.m ., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 3:45 p.m. to meet Wednesday, June 1, 1983, at 1:30 p.m.

Seventy-seventh Legislative DayWednesday,June 1,1983


Roll Call:



The prayer was offered by Reverend Walker, the guest of Senator McIntyre.


Senator Watson introduced the members of the “ Civilized Tribe Jazz Ensemble” , from Central State University, and their Director, Dr. Kent Kidwell, and noted the jazz group won the National Championship for Jazz Students in Kansas City, Missouri. Privileges of the floor were granted to the group along with Dr. Bill Lillard, President of Central State University.



Claireece E. Borin, Fox, as a member to the State Textbook Committee, to serve a term of three years ending May 1, 1986, and effective upon Senate confirmation. Ms. Borin will succeed Tommy Taylor.

Kay L. Hood, Chickasha, as a member to the State Textbook Committee, to serve a term of three years ending May 1, 1986, and effective upon Senate confirmation. Ms. Hood will succeed Linda Moore.

Barbara A. Lowe, Muskogee, as a member to the State Textbook Committee, to serve a term of three years ending May 1, 1986, and effective upon Senate confirmation. Ms. Lowe will succeed Kay Vetter.

Jack McCurdy, Yukon, as a member to the State Credit Union Board, to serve a term of four years ending October 1, 1986, and effective upon Senate confirmation. Mr. McCurdy will succeed himself.

William R. Paulk, Oklahoma City, as Commissioner to the State Department of

738 Senate Journal

Labor, to serve a term coterminous with that of the Office of Governor, and effective upon Senate confirmation. Bill Paulk will succeed himself.

Mary E. Simonds, Muskogee, as a member to the State Textbook Committee, to serve a term of three years ending May 1, 1986, and effective upon Senate confirmation. Mary Simonds will succeed Charles Hughes.


HBs 1074, 1264, 1266, 1268, 1416 and 1425 were each correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.


SR 25 was correctly enrolled, properly signed and ordered transmitted to the Seere- tary of State.


Advising adoption of and returning Engrossed SCR 15. The above numbered SCR was referred for enrollment.

GENERAL ORDER

HB 1368 by Deatherage of the House and Randle of the Senate was ealled up for eonsideration.


THIRD READING


On the question of passage of the bill and emergency the roll eall resulted as follows;

Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—46.

Excused; McIntyre and Winn.—2.

The bill and emergeney passed.




GENERAL ORDER


Senator Kilpatriek moved to amend HB 1262, Page 1, by striking the enacting clause, which amendment was declared adopted.

Senator Kilpatrick moved that HB 1262 be advaneed, which motion was declared adopted.

THIRD READING



Seventy-seventh Legislative Day, Wednesday, June 1, 1983 739

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—40.

Nay: Green, McCune, Moore, Pierce and Smith.—5.

3.Excused: McIntyre, Miller and Young.—




Transmitting the following Bill, together with Conference Committee Report thereon, advising adoption of Conferenee Committee Report and passage of measure as amended;

HB 1189.



The CCR on HB 1372 was adopted upon motion of Senator Randle.



Aye: Boatner, Braneh, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatriek, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor,

Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Winn, Wright and Y o rk .^ 3 .

Nay: Moore and Pierce.—2.

Excused; Giles, Terrill and Young.—3.





SB 309SB 328 — Joint Rule 17(a) having been

suspended.


The CCR on HB 1106 was adopted upon motion of Senator Capps.



Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Ford, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, MeCune, Miller, O’Connor, Pierce, Randle, Rhodes, Rozell, Schuelein, Taliaferro, Taylor, Terrill, Watson, Winn and York.—33.

Nay: Green, Hopkins, Howell, McDaniel, McIntyre, Moore, Porter, Roberts, Shedrick, Smith, Stipe and Wright.— 12.

Excused: Dennis, Giles and Young.—3.


740 Senate Journal




Senator Schuelein asked unanimous consent, which was granted, that Dr. Nobutoshi Kihara and his party be allowed privileges of the floor.

President Bernard introduced the president of the Sony Corporation, Dr. Kihara, Tokyo, Japan; Dr. Tadahiko Nakamura; Dr. Yoshi Sasaki and wife Koko, Norman, formerly of Japan to the Senate and presented Dr. Kihara to the Senate where he delivered an address.



The 2nd CCR on HB 1358 was adopted upon motion of Senator Clifton.



Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune; McDaniel, McIntyre, O’Connor, Porter, Rhodes, Roberts, Rozell, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn and Wright.—37.

Nay. Cullison, Miller, Moore, Pierce, Schuelein and Stipe.—6.

Excused: Boatner, Giles, Randle, York and Young.—5.

The bill passed.



HAs to SB 328 were rejected upon motion of Senator Randle, Conference requested, and said bill referred to GCCA.


Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HBs 1048,1062,1063,1066,1072, 1073 and 1147 was ordered granted. President Pro Tempore York referring same to GCCA.

GENERAL ORDER

HB 1122 by Williams (Freddye), et al, of the House and Porter of the Senate was called up for consideration.

Senator Porter moved that HB 1122 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn and York.—40.

Nay: Johnson, Moore, Pierce andWright.—4.

Excused; Dawson, Giles, Smith and Young.—4.









SB 97SB 179 (conference committee substi

tute)SB 271.


The Committee Report on Executive Nominations, shown on pages 727 and 728, was called up for consideration.

Senator Ford moved that the nominees be considered individually by the Senate, which motion was declared adopted.

Senator Miller moved the confirmation of Sheldon Detrick to the Oklahoma Horse Racing Commission, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Winn and York.-

Nay: Moore, Rhodes, Roberts, Watson and Wright.—5.


Senator Miller moved the confirmation of Tommy Ray Young to the Oklahoma Horse Racing Commission, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, O’Connor, Porter, Randle, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Winn, York and Young.— 39.

Nay: McCune, Moore, Pierce, Rhodes, Roberts, Smith, Watson and Wright.—8.


Senator Schuelein moved to limit debate on the confirmation of Allen Coles, which motion was declared adopted.

Senator McCune moved that the nomination of Allen Coles to the Oklahoma Horse Racing Commission be referred back to the Committee on Executive Nominations for lack of a Senate sponsor and that the committee Chairman notify Governor Nigh of said action.

Senator Stipe moved that the Senate resolve itself into Executive Session to consider the Coles nomination and requested a ruling of the Chair on his motion.

The Presiding Officer ruled the Stipe motion in order stating there was no provision in the Senate Rules to prohibit such a motion.

Senator Stipe asked unanimous consent that his motion be withdrawn, which was the order.

742 Senate Journal

Senator Miller moved to table the McCune motion, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dennis, Hopkins, Howell, Johnson, Kilpatrick, Landis, McDaniel, Miller, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill and York.—27.

Nay: Choate, Dawson, Ford, Keller, Lamb, Leonard, McCune, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Smith, Watson and Wright.— 16.

Excused: Giles, Green, Luton, Winn and Young.—5.

The Chair advised that Senator Luton, having been present in the Chamber during the vote on the Miller motion to table the McCune motion, would be shown voting “ Nay” in compliance with Rule 14-lB. The vote thereby resulted as follows: Aye: 27; Nay: 17; Excused: 4.

Senator Keller moved that the nomination of Allen Coles to the Oklahoma Horse Racing Commission be referred back to the Committee on Executive Nominations for further investigation into the personal background of Allen Coles, which motion the Chair ruled out of order.

Senator Keller moved to offer a substitute ruling of the Chair to allow his motion to stand, which motion was tabled upon motion of Senator York upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dennis, Hopkins, Howell, Johnson, Kilpatrick, Landis, Luton, McDaniel, McIntyre, Miller, Porter, Randle, Roberts, Rozell, Sehuelein, Shedriek, Stipe, Taliaferro, Taylor, Terrill, Winn and York.—31.

Nay: Choate, Dawson, Ford, Keller, Lamb, Leonard, McCune, Moore, O ’Connor, Pierce, Rhodes, Smith, Watson, Wright and Young.— 15.

Excused: Giles and Green.—2.

Senator Miller moved the confirmation of Allen Coles to the Oklahoma Horse Racing Commission, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dennis, Hopkins, Howell, Johnson, Kilpatrick, Landis, McDaniel, Miller, Randle, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Winn and York.—26.

Nay: Cate, Choate, Dawson, Ford, Lamb, Leonard, Luton, MeCune, McIntyre, Moore, O’Connor, Pieree, Porter, Rhodes, Roberts, Smith, Watson, Wright and Young.— 19.

Excused: Giles, Green and Keller.—3.


Advising Conference granted on Engrossed SB 328 and referring Bill to GCCA.



Advising passage of and returning Engrossed SBs 105, 216, 218, 219, 220 and 221.




The above number Enrolled SBs were referred to the Governor.

\



The CCR on SB 97 was adopted upon motion of Senator York.



Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Kilpatrick, Landis, Luton, McDaniel, Miller, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, York and Young.—35.

Nay: Capps, Johnson, Lamb, Leonard, McCune, Moore, Rhodes, Smith and Wright.—9.

Excused: Giles, Keller, McIntyre and Winn.-




HAs to SB 103 were rejected upon motion of Senator Cate, Conference requested, and Senate Conferees appointed as follows: Senators Cate, Luton and Cain.


Senator Pierce moved that the vote be reconsidered whereby SB 79 passed on Final Passage, which motion was tabled upon motion of Senator McDaniel.

SB 7 9 , together with the C C R thereon,was ordered transmitted to the HonorableH ouse.


Senator McCune moved that the vote be reconsidered whereby the Senate confirmed Allen Coles to the Oklahoma Horse Racing Commission.

The Presiding Officer ruled the McCune motion out of order in that the McCune vote was reflected as not being on the prevailing side of the question. Senate Rule 12-24E.


The CCR on HB 1278 was adopted upon motion of Senator McDaniel.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dennis, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, O’Connor, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—38.

Nay: Dawson, Moore and Pierce.—3.

Excused: Dahl, Ford, Giles, Keller, McIntyre, Randle and Winn.—7.

The bill passed.



Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HBs was ordered granted. President

744 Senate Journal

Pro Tempore York appointing as Senate Conferees the following:

HB 1327 — Watson, Shedrick and Cain.

HB 1328 — Watson, Shedrick and Cain.





Aye: Cain, Capps, Cate, Choate, Clifton, Cullison, Dahl, Dawson, Dennis, Green, Hopkins, Kilpatrick, Lamb, Luton, McDaniel, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—32.

Nay: Boatner, Branch, Combs, Howell, Johnson, Landis, McCune, Pierce, Schue- lein and Smith.— 10.

Excused: Ford, Giles, Keller, Leonard, McIntyre and Winn.—6.




Advising passage of and transmitting for consideration Engrossed HBs 1179 and 1433 (Joint Rule 17 (a) having been suspended on both bills).

HB 1179 — By Deatherage, Barker and Duckett of the House and Randle and Kilpatrick of the Senate.

[ Schools — appropriations — amending six sections in Title 70 — codification — operative date — emergency ]

HB 1433 — By Anderson and Stottlemyre of the House and Stipe of the Senate.

An act relating to cities and towns; amending 11 O.S. 1981, Section 2 2 -1 0 1 .1 ; allowing certain political activities by municipal employees; removing superseding provisions of certain municipal charters; allowing certain municipal corporations to establish certain requirements; and declaring an emergency.




HCR 1019 — By Deatherage of the House and Randle of the Senate.

A concurrent resolution requesting the Governor to transfer certain funds to the Oklahoma Educational Television Authority; and directing distribution.





BILLS RELEASED


HBs 1106,1278,1358 and 1372, together with the CCRs thereon, were ordered returned to the Honorable House.


Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Thursday, June 2, 1983, at 10:00 a.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 5:05 p.m. to meet Thursday, June 2, 1983, at 10:00 a.m.

Seventy-eighth Legislative DayThursday, June 2,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.— 43.

Excused: Giles, Keller, Miller, Rozell and Winn.—5.


The prayer was offered by Reverend Walker, the guest of Senator McIntyre.


HBs 1122,1262 and 1368 were each correctly engrossed and, together with Engrossed SAs, properly signed and ordered returned to the Honorable House.

SBs 105,216,218,219,220,221 and 240were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.





THIRD READING

Senator Shedrick moved that the vote be reconsidered whereby HB 1307 was advanced, which motion was declared adopted.

HB 1307 remains on General Order. Senator Combs presiding.


The CCR on HB 1364 was adopted upon motion of Senator McCune.

748 Senate Journal



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Wright and Young.—39.

Excused: Cate, Giles, Keller, Miller, Ro- zell, Shedrick, Watson, Winn and York.—9.





SB 25 SB 33 SB 53 SB 54 SB 55 SB 64



HB 1108HB 1116, coauthored by Widener of the

House.


The CCR on HB 1169 was adopted upon motion of Senator Cullison.



Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Wright, York and Young.—38.

Nay: Hopkins, Randle and Smith.— 3.

Excused: Cate, Giles, Keller, Miller, Ro- zell, Watson and Winn.— 7.





HB 1188 — Conferees to be named later.HB 1266 — Draper, Fitzgibbon and Glov

er.HB 1416

rage.Harbin, Haney and Deathe-


Advising Conference granted on Engrossed SB 103, and naming House Conferees as follows: Hamilton, Gray and Anderson .

Seventy-eighth Legislative Day, Thursday, June 2, 1983 749


Senator Schuelein asked unanimous consent, which was granted, that the guests of Governor Nigh be allowed privileges of the floor.

Governor Nigh introduced Miss Terri Carr, Putnam City North Highschool, as the new Governor of “ Girl’s State’’ and Miss Rebecca Cooper, Heritage Hall Highschool, new Lieutenant Governor, to the Senate and asked unanimous consent that the girls be allowed to speak to the members, which was the order.



Senator McDaniel asked unanimous consent, which was granted, that SB 274 be laid over for this legislative day.


The Committee Report on Executive Nominations, shown on Pages 737 and 738, was called up for consideration.

Senator York asked unanimous consent that the nominees to the State Textbook Committee be considered separate, which was the order.

Senator York moved the confirmations of Claireece E. Borin, Kay L. Hood, Barbara A. Lowe and Mary E. Simonds to the State Textbook Committee, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Schuelein, Shedrick, Smith, Stipe, Tal

iaferro, Taylor, Terrill, Watson, Wright, York and Young.—40.

Excused: Branch, Giles, Keller, Leonard, Miller, Pierce, Rozell and Winn.—8.

SECOND READING


HB 1179 — EducationHB 1433 — Business and LaborHCR 1019 — Appropriations


Advising adoption of and transmitting for consideration Engrossed HCRs 1012 and 1015.

HCR 1012 — By Henry of the House and Clifton of the Senate.

A concurrent resolution memorializing Congress to enact certain legislation concerning the railroad retirement system; and directing distribution.

HCR 1015 — By Kincheloe, Adair, Anderson, Atkinson, Baker, Baughman, Boeckman, Boyd, Brewster, Brown, Clark, Cole, Conaghan, Davis (Porter), Deathe- rage, Duckett, Fair, Formby, Fried, Gray, Grieser, Hall, Hamilton, Harbin, Harvey, Henshaw, Hill, Kamas, Lancaster, Left- wich, Lewis, Littlefield, Pitezel, Rieger, Riggs, Smith (Bill), Virtue, Williams (Penny), Williamson, and Williams (Freddye) of the House and Howell of the Senate.

A concurrent resolution urging the Oklahoma Tax Commission to examine certain applications for manufactured home licenses, to collect the required fees and taxes on such manufactured homes, to provide certain maps, to request the Department of Public Safety to refuse to issue certain permits, and to submit a report; urging the Department of Public Safety to refuse to issue certain permits; and directing distribution.

750 Senate Journal

The above HCRs were read the first time.

UNANIMOUS CONSENT REQUEST TO INTRODUCE RESOLUTION

Senator Young asked unanimous consent, which was granted, to suspend Rule 5-5 to introduce SR 26.

FIRST READING


SR 26 — By Young.A resolution citing the contributions of

Mrs. Oma Tharel; congratulating her for being honored as “ Outstanding Older Oklahoma Woman for 1983” ; and directing distribution.








SB 18 (conference committee substitute) SB 19 (conference committee substitute) SB 20 (conference committee substitute) SB 21 (conference committee substitute) SB 50 (conference committee substitute) SB 262.


Advising fourth reading of and returning Enrolled SBs 105, 216, 218, 219, 220, 221 and 240.






Advising approval by him, June 2, 1983, of Enrolled SB 276.

BILLS RELEASED

HBs 1169 and 1364, together with the CCRs thereon, were ordered returned to the Honorable House.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Monday, June 6, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 10:55 a.m. to meet Monday, June 6, 1983, at 1:30 p.m.

Seventy-ninth Legislative DayMonday, June 6,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.— 45.

Excused: Clifton, Pierce and Winn.— 3.


The prayer was offered by Senator Boatner.


Senator O ’Connor introduced SenatorTom Roby from the state o f South Dakota,and his w ife , Ernestine, to the Senate.






Bop Berkemeyer, Adair, as a member to the Oklahoma Pecan Commission.

J.T. “ Tom” Boyd, Bartlesville, as a member to the Will Rogers Memorial Commission.




752 Senate Journal


HAs to SB 309 were rejected upon motion of Senator McDaniel, Conference requested, and Senate Conferees appointed as follows: Senators McDaniel, Taliaferro and Randle.


The CCR on SB 50 was adopted upon motion of Senator Cain.

SB SO, as amended in Conference, was read at length.


Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Taliaferro, Taylor, Watson, York and Young.—38.

Excused: Cate, Clifton, Luton, Miller, Pierce, Smith, Stipe, Terrill, Winn and Wright.— 10.


SB 50, together with the Conference Committee Report thereon, was ordered transmitted to the Honorable House.PENDING CONSIDERATION OF HAs

HAs to SBs 25,33,53,54,55 and 64 were rejected upon motion of Senator Randle, Conference requested, and said bills referred to GCCA.


Upon motion of Senator Schuelein, the request of the Honorable House for Confer

ence on HB 1188 was ordered granted, President Pro Tempore York appointing as Senate Conferees the following: Senators Watson, Shedrick and Cain.


HAs to SB 176 were rejected upon motion of Senator Kilpatrick, Conference requested, and Senate Conferees appointed as follows: Senators Kilpatrick, Combs and Cain.

GENERAL ORDER

HB 1307, considered on pages 719 and 735, was considered further.

Senator Shedrick moved to amend HB 1307, Page 1, by crippling the title, which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Cullison, Dawson, Dennis, Ford, Howell, Kilpatrick, Landis, Luton, McDaniel, McIntyre, Randle, Roberts, Rozell, Shedrick, Taylor, York and Young.—20.

Nay: Capps, Choate, Combs, Dahl, Giles, Green, Hopkins, Johnson, Keller, Lamb, Leonard, McCune, Moore, O’Connor, Porter, Rhodes, Schuelein, Taliaferro and Watson.— 19.

Excused: Cate, Clifton, Miller, Pierce, Smith, Stipe, Terrill, Winn and Wright.—9.

The bill failed.

Seventy-ninth Legislative Day, Monday, June 6, 1983 753


Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HBs was ordered granted. President Pro Tempore York appointing as Senate Conferees the following;

HB 1074 — GCCA.HB 1266 — Randle, Kilpatrick and

Schuelein.HB 1416 — McDaniel, Taliaferro and

Randle.





Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Watson, York and Young.—38.

Nay: Ford.— 1.

Excused; Cate, Clifton, Miller, Pierce, Smith, Stipe, Terrill, Winn and Wright.—9.



Pursuant to Rule 12-24 Senator Stipe moved that the vote be reconsidered whereby SB 274 passed.





Aye; Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson and York.—39.

Excused; Cate, Clifton, Giles, Pierce, Porter, Stipe, Winn, Wright and Young.—9.







Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Randle, Rhodes, Roberts, Rozell, Schue-

754 Senate Journal

lein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—42.

Excused: Cate, Clifton, Pierce, Porter, Stipe and Winn.—6.







Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, Moore, O’Connor, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Wright, York and Young.— 40.

Nay: McCune, Smith and Watson.—3.

Excused: Clifton, Pierce, Porter, Stipe and Winn.—5.







Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—44.

Excused: Clifton, Pierce, Stipe and Winn.—4.







Aye: Boatner, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dennis, Ford, Hopkins, Howell, Johnson, Kilpatrick, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Randle, Rhodes, Roberts, Rozell, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright and York.—32.

Nay: Branch, Dawson, Giles, Green, Keller, Lamb, Landis, Moore, O’Connor, Porter, Schuelein and Smith.— 12.


Excused: Clifton, Pierce, Winn and Young.—4.



GENERAL ORDER

HB 1353 by Denman of the House and Cate of the Senate was called up for consideration.

Senator Cate moved to amend HB 1353, Page 10, Line 14, by adding after the word “ Act.” the following: “ Provided, however, the total travel reimbursements charged to any coin-op or dry cleaning plant, pursuant to this section, shall not exceed One Hundred Dollars ($100.00) in any calendar year.” , which amendment was declared adopted.


THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Green, Howell, Johnson, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taylor, Terrill, York and Young.—32.

Nay: Ford, Giles, Keller, Landis, Moore, O’Connor, Rhodes, Smith, Taliaferro, Watson and Wright.— 11.

Excused: C lifton, H opkins, Pierce, Porterand W inn.— 5.

The bill passed.

Senator Porter desired to vote Aye on the emergency.




UNANIMOUS CONSENT REQUEST TO SUSPEND JOINT RULE

Senator Stipe asked unanimous consent to suspend Joint Rule 17(a) to consider HB 1433 this legislative session, which was the order.UNANIMOUS CONSENT R E Q U E S T - DIRECT TO CALENDAR

Senator Young asked unanimous consent, which was granted, to suspend Rule 5-4 and when SR 26 is read the second time it be referred direct to the Calendar.


Advising rejection of CCR to Engrossed SB 97, requesting Conference and naming Conferees as follows: Littlefield, Sanders and Fitzgibbon.






Advising Conference granted on Engrossed SBs 25, 33, 53, 54, 55 and 64 and referring Bills to GCCA.

756 Senate Journal





Advising of prior rejection of SAs to Engrossed HB 1188, and naming Conferees as follows: Talley, Harris and Holt.

SECOND READING


SR 26 — Direct to Calendar HCR 1012 — Finance HCR 1015 — Finance



HB 1264 — Kelly, Fried and Deathe- rage.

HB 1268 — Draper, Deatherage and Barker.

HB 1368 — Harbin, Haney and Deatherage.

HB 1425 — Harbin, Haney and Deatherage.


Advising Conference granted on Engrossed SB 309, and naming House Conferees as follows: Harbin, Haney and Deatherage.



SB 31 SB 263



HB 1042 HB 1043 HB 1044 HB 1060 HB 1073 HB 1075 HB 1076 HB 1077 HB 1147HB 1215, coauthored by Davis (Frank) of

the House HB 1409



SB 29 (conference committee substitute) SB 38 (conference committee substitute) SB 43 (conference committee substitute) SB 48 (conference committee substitute) SB 152

LOBBYIST RESIGNATIONS

Notice of resignation as lobbyists has been received from the following:

Johnson, David W ., as of May 31, 1983. Tramuto, James A., as of June 1, 1983.


Advising approval by him, June 6, 1983, of Enrolled SBs 90, 221, 240 and 321.


Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Tuesday, June 7, 1983, at 1:30 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 2:25 p.m. to meet Tuesday, June 7, 1983, at 1:30 p.m.

Eightieth Legislative DayTuesday, June 7,1983


Roll Call;

Present: Boatner, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Excused: Branch and Clifton.—2.


The prayer was offered by Reverend Coy Parsley, First Christian Church, Durant, the guest of Senator Boatner.



Bob F. Alice, Elk City, as a member to the Board of Regents of Higher Education, to

serve a term of nine years ending May 16, 1992, and effective upon Senate confirmation. Bob Alice will succeed himself.

David Been, Sand Springs, as a member to the Police Pension and Retirement Board, to serve a term of three years ending July 1, 1985, and effective upon Senate confirmation. David Been will succeed himself.

Carl M. Bennett, Tulsa, as a member to the Oklahoma Board of Private Schools, to complete the unexpired six year term ending July 1, 1984, and effective upon Senate confirmation. Mr. Bennett will succeed J.J. Hamilton.

Mrs. Anna Hazel Holland, Madill, as a member to the Board of Regents of Murray State College, to serve a term of seven years ending June 1,1989, and effective upon Senate confirmation. Ms. Holland will succeed Mrs. Page Lambert.

Robert D. McCullough, II, Tulsa, as a member to the State Board of Health to fill an unexpired nine year term ending June 30, 1987, and effective upon Senate confirmation. Robert D. McCullough, II, will succeed Robert McCullough.

James O. Williams, Coyle, as a member to the Air Quality Control Council, to serve a

760 Senate Journal

term of seven years ending June 15, 1989, and effective upon Senate confirmation. Mr. Williams will succeed himself.







HAs to SB 263 were rejected upon motion of Senator Johnson, Conference requested, and Senate Conferees appointed as follows: Senators Johnson, Roberts and Taliaferro.


Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HBs was ordered granted. President Pro Tempore York appointing as Senate Conferees the following;

HB 1264 — Roberts, Taylor and Cain HB 1268 — Randle, Kilpatrick and

CombsHB 1368 — Randle, Kilpatrick and

CombsHB 1425 — McDaniel, Taliaferro and

Randle

Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HB 1262 was ordered granted. Pres

ident Pro Tempore York referring same to GCCA.


The CCR on HB 1042 was adopted upon motion of Senator Taliaferro.



Aye: Boatner, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Ro- zell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—40.

Nay; Howell and Stipe.—2.

Excused: Branch, Clifton, Keller, McDaniel, Randle and Smith.—6.

The bill passed.


Pursuant to Rule 12-24 Senator Stipe moved that the vote be reconsidered whereby HB 1042 passed.


Senator Rozell introduced Senator Gary D. Cramer, from the state of Minnesota, to the Senate.


The CCR on HB 1189 was adopted upon motion of Senator Rozell.

Eightieth Legislative Day, Tuesday, June 7 , 1983 761



Aye: Boatner, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Luton, Miller, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 37.

Nay: Leonard, McCune and Moore.—3.

Excused: Branch, Clifton, Keller, McDaniel, McIntyre, Porter, Randle and Taliaferro.—8.




The CCR on SB 43 was adopted upon motion of Senator Kilpatrick.



Aye: Boatner, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—42.

Excused: Branch, Clifton, Keller, McIntyre, Porter and Randle.—6.







Aye: Boatner, Cain, Capps, Cate, Combs, Cullison, Dahl, Dawson, Dennis, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, O ’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—38.

Nay: Choate, Ford, Giles, Moore and Smith.—5.

Excused: Branch, Clifton, McIntyre, Porter and Randle.—5.







Aye: Boatner, Cain, Capps, Cate, Combs, Cullison, Dahl, Dawson, Dennis, Hopkins,

762 Senate Journal

Johnson, Keller, Kilpatrick, Lamb, Luton, McDaniel, McIntyre, Miller, Randle, Roberts, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Winn and Young.—28.

Nay: Choate, Ford, Giles, Green, Howell, Landis, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Rozell, Watson and Wright.— 15.

Excused: Branch, Clifton, Porter, Shed- rick and York.—5.

The bill passed.

Senators Landis, Rozell, Giles and York desired to vote Aye on the emergency.





Upon motion of Senator Schuelein, the request of the Honorable House for further Conference on SB 97 was ordered granted. President Pro Tempore York appointing same Senate Conferees as follows: Senators York, Cate and Luton.





Aye: Boatner, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Branch, Clifton and Porter.—3.



FIRST READING


SB 330 — By Wright.An act relating to criminal punishments

and procedure; amending 21 O.S. 1981, Sections 801, as amended by Section 2, Chapter 173, O.S.L. 1982 (21 O.S. Supp, 1982, Section 801), 849, 1362 and 1363, and 22 O.S. 1981, Sections 860 and 927, which relate to punishments; providing that the jury’s province shall be to determine the guilt or innocence of the accused and that the punishment shall be assessed and declared by the court with the exception of murder in the first degree; repealing 22 O.S. 1981, Sections 926 and 928, which relate to when a jury may assess punishment and when a court shall disregard excess punishment; repealing conflicting laws; providing severability; and declaring an emergency.

SJR 30 — By York of the Senate and Draper of the House.

A joint resolution relating to all state employees; prohibiting all salary increases for all state employees for the fiscal year 1984; and declaring an emergency.

Eightieth Legislative Day, Tuesday, June 7, 1983 763

COMMITTEE REPORTS



HB 1179 — Education.


Advising rejection of SAs to Engrossed HJR 1021, requesting Conference and naming Conferees as follows: McCorkell, Virtue and Stottlemyre.


Advising Conference granted on Engrossed SB 176, and naming House Conferees as follows: Brown, Mentzer and Lewis.










SB 26 SB 36 SB 41SB 217, coauthored by Williams (Penny)

of the House



HB 1049 HB 1051 HB 1054 HB 1056 HB 1057 HB 1058 HB 1061 HB 1071 HB 1092HB 1272, as coauthored by Rogers of the

House



SB 33 (conference committee substitute) SB 53 (conference committee substitute) SB 72 SB 81 SB 302



Reese, Timothy S., as of May 15, 1983.


Advising approval by him, June 7, 1983, of Enrolled SBs 200,216,218, 219 and 220.

764 Senate Journal


Advising veto of SB 105 on June 7, 1983.

The veto message reads as follows:

To the President and Members of the Honorable Senate First Session, Thirty-ninth Oklahoma Legislature

This is to advise you that on this date, I have vetoed:

Enrolled Senate Bill No. 105 — By Shed- rick, et al of the Senate and Talley of the House.

An act relating to state government: *** which relates to the Joint Committee on Federal Funds: ***

This bill is similar to a bill I vetoed in 1981. My veto was overridden and the Attorney General subsequently ruled it unconstitutional. The following paragraphs are similar to the reasons I gave in 1981 and tu'e still applicable to Senate Bill No. 105.

The bill is ambiguous as to lines of authority and presents the potential of stalling indefinitely expenditures of funds for critically necessary programs.

Perhaps more disturbing about this measure is its inherent threat to representative government, in that it reposes all discretionary spending authority in a few people, and all the rest of the Legislature and the executive branch are excluded from the process.

While I support entirely the concept that all public funds should be spent with oversight and total responsibility, it is my opinion that the process established by this measure is burdensome, untimely and ineffective.

For these reasons I have vetoed Senate Bill No. 105.

Governor of the State of Oklahoma

Is/ George Nigh

BILL RELEASED


Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday, June 8, 1983, at 1:30 p.m., which motion prevailed.


r

Eighty-first Legisiative DayWednesday, June 8,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—44.

Excused: Dawson, Giles, Moore and Winn.


The prayer was offered by Reverend Parsley, the guest of Senator Boatner.







Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HJR 1021 was ordered granted. President Pro Tempore York appointing as Senate Conferees the following: Senators Randle, Cullison and Shedrick.

Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HB 1065 was ordered granted. President Pro Tempore York referring same to GCCA.


The CCR on HB 1108 was adopted upon motion of Senator Dennis.

766 Senate Journal



Aye; Boatner, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Terrill, Watson, Wright, York and Young.—37.

Excused: Branch, Cate, Dawson, Giles, Howell, Miller, Moore, Randle, Shedrick, Taylor and Winn.— 11.




The CCR on SB 152 was adopted upon motion of Senator Keller.



Aye: Capps, Choate, Combs, Dahl, Johnson, Keller, Kilpatrick, Lamb, Landis, Mc- Cune, O’Connor, Rhodes, Rozell, Taylor, Watson and York.— 16.

Nay: Boatner, Cain, Clifton, Cullison, Dennis, Ford, Green, Hopkins, Howell, Leonard, Luton, McDaniel, McIntyre, Pierce, Porter, Randle, Roberts, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Terrill, Wright and Young.—25.

Excused: Branch, Cate, D aw son , G iles ,M iller, M oore and W inn.— 7.

The bill failed.


Pursuant to Rule 12-24 Senator Keller moved that the vote be reconsidered whereby SB 152 failed.






Aye: Boatner, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—42.

Excused: Branch, Cate, Moore and Winn.—6.

Dawson, Giles,



PENDING SENATE ACTION ON HOUSE REQUEST FOR CONFERENCE

Upon motion of Senator Schuelein, the Senate refused to grant the House request to refer SB 138 to GCCA, and requested the Honorable House to withdraw SB 138 from GCCA and refer same to Special Conference.

Eighty-first Legislative Day, Wednesday, June 8, 1983 767


The Committee Reports on Executive Nominations, shown on Pages 737,738, 759 and 760 were called up for consideration.

Senator Miller moved that the appointment of William R. Paulk as Commissioner to the State Department of Labor be considered separate and apart, which motion was declared adopted.

Senator Miller moved the adoption of the Committee Reports, as amended, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Wright, York and Young.—41.

Nay: Watson.— 1.

Excused: Branch, Cate, Dawson, Giles, Moore and Winn.—6.

Senator Miller moved the confirmation of William R. Paulk, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taylor, Terrill, Watson, Wright, York and Young.— 38.

Nay: McCune and Smith.— 2.

Excused: Branch, Cate, Choate, D aw son,G iles, M oore, Taliaferro and W inn.— 8.

The Chair advised that Senator Choate, having been present in the Chamber during the vote on the confirmation of Bill Paulk, would be shown voting “ Nay” in compliance with Rule 14-IB. The vote thereby resulted as follows: Aye: 38; Nay: 3; Excused: 7.





Aye: Boatner, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—41.

Excused: Branch, Cate, Dawson, Giles, McDaniel, Moore and Winn.—7.





HB1116, as amended in Conference, was read at length.


Aye: Boatner, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford,

768 Senate Journal

Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—42.


The bill passed.




Advising the Honorable Senate that the House has withdrawn SB 138 from GCCA and has named the following to a special conference committee: Johnson (Glen), Lewis and Brewster.








Aye: Boatner, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Johnson, Keller, Kilpat

rick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—40.

Nay: Howell and Stipe.—2.






HAs to SBs 26, 31, 36 and 41 were rejected upon motion of Senator Randle, Conference requested, and said bills referred to GCCA.


The CCR on SB 302 was adopted upon motion of Senator Luton.



Aye: Boatner, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatriek, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Meintyre, Miller, O’Connor, Pieree, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—42.

Excused: Branch, Cate, D aw son , G iles,M oore and W inn.— 6.





Senator Smith asked unanimous consent that the four winners of the 1983 Presidential Scholars Program be allowed privileges of the floor, which was the order.

Senator Porter introduced Kermit L. Alexander, Casady School, Oklahoma City, and Senator Smith introduced James A. Barker, Holland Hall Highschool, Tulsa; Miss Hyunah Lee and Miss Vivian S. Lee, both of Norman Highschool, Norman, to the Senate where the group was presented Citations on behalf of their accomplishments.


HAs to SB 99 were concurred in upon motion of Senator Terrill.



Aye: Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Kilpatrick, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—35.

Nay: Boatner, Capps, Johnson, Keller, Lamb, Shedrick and Stipe.—7.

Excused: Braneh, Dawson, Giles, Moore, Randle and Winn.—6.




Advising rejection of CCR to Engrossed HB 1052, requesting further conference and rereferring Bill to GCCA.


Advising Conference granted on Engrossed SBs 26,31,36 and 41, and referring Bills to GCCA.


The CCR on SB 262 was adopted upon motion of Senator Young.



Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Watson, Wright, York and Young.—41.

Excused: Branch, Dawson, Giles, Moore, Randle, Terrill and Winn.—7.

The bill passed.

Senator Terrill desired to vote Aye on the emergency.



770 Senate Journal



Advising rejection of SAs to Engrossed HB 1353, requesting Conference and naming Conferees as follows; Denman, Barker and Brown.


The CCR on SB 81 was adopted upon motion of Senator Smith.



Aye: Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Howell, Keller, Kilpatrick, Leonard, Luton, McDaniel, McIntyre, O’Connor, Porter, Rhodes, Roberts, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—31.

Nay: Boatner, Choate, Hopkins, Johnson, Lamb, Landis, McCune, Miller, Pierce, Ro- zell and Schuelein.— 11.

Excused: Branch, Dawson, Giles, Moore, Randle and Winn.—6.

The bill passed.

Senators Lamb, Landis, Miller and Rozell desired to vote Aye on the emergency.

Senator Keller desired to vote Nay on the emergency.

On the question of passage of the emergency, the vote resulted as follows; Aye: 34; Nay; 8; Excused: 6.




Senator York asked unanimous consent to suspend Joint Rule 17(a) to consider SJR 30 this legislative session, which was the order.

UNANIMOUS CONSENT R E Q U E S T - DIRECT TO CALENDAR

Senator York asked unanimous consent, which was granted, to suspend Rule 5-4 and when SJR 30 is read the second time it be referred direct to the Calendar.


Returning following Bills, together with Conference Committee Reports thereon, advising adoption of Conference Committee Reports and passage of Measures as amended: Engrossed SBs 18, 19, 20, 21 and 50.

The above numbered Bills, as amended in Conference, were referred for enrollment.


Senator Stipe asked unanimous consent to suspend Rule 12-24B to consider his motion to reconsider the vote whereby HB 1116 passed on this date, which was the order.

Senator Stipe moved that the vote be reconsidered whereby HB 1116 passed.

Senator Clifton moved to table the Stipe motion, which motion was declared failed of adoption upon roll call as follows:

Aye: Capps, Clifton, Combs, Johnson, Kilpatrick, Lamb, McCune, McDaniel, O’Connor, Smith, Taliaferro, Taylor, Terrill, Wright and York.— 15.


Nay: Boatner, Cain, Cate, Choate, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Landis, Leonard, Luton, McIntyre, Miller, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Watson and Young.—27.

Excused: Branch, Dawson, Giles. Keller, Moore and Winn.—6.

Senator Stipe pressed his motion to reconsider the vote whereby HB 1116 passed, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Cain, Cate, Choate, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Landis, Leonard, Luton, McIntyre, Miller, Pierce, Porter, Randle, Rhodes, Roberts. Rozell, Schuelein, Shedrick, Stipe, Watson and Young.— 27.

Nay: Capps, Clifton, Combs, Johnson. Kilpatrick, Lamb, McCune, McDaniel. O’Connor, Smith, Taylor, Terrill, Wright and York.— 14.

Excused: Branch, Dawson, Giles, Keller, Moore, Taliaferro and Winn.—7.

FOURTH READING

Senator Stipe moved that the vote be reconsidered whereby the CCR on HB 1116 was adopted, which motion was declared adopted.

Senator Stipe moved that the CCR on HB 1116 be rejected and further conference requested, which motion was declared adopted. President Pro Tempore York naming same Senate Conferees as Clifton, Luton and Smith.


The CCR on HB 1215 was adopted upon motion of Senator Howell.

H B 1215 , as amended in C onference, wasread at length.


Aye: Cain, Capps, Cate. Choate. Clifton. Combs, Cullison, Dahl. Dennis. Green. Hopkins. Howell, Johnson, Kilpatrick. Lamb, Landis, Leonard. Luton, McCune. McDaniel. McIntyre. Miller, O’Connor, Pierce, Porter. Randle. Rhodes. Roberts, Rozell. Schuelein, Shedrick. Stipe. Taliaferro. Taylor, Terrill, Watson. Wright. York and Young.—39.

Nay: Boatner, Ford and Smith.—3.

Excused: Branch, Dawson. Giles, Keller. Moore and Winn.—6.


HB 1215 was ordered withheld,



HB 1045 HB 1053 HB 1055 HB 1063 HB 1064 HB 1078 HB 1156 HB 1268 HB 1296 HB 1314



SB 23 — (conference committee substitute)

772 Senate Journal










SECOND READING


SB 330 — Law EnforcementSJR 30 — Direct to Calendar

FIRST READING


SCR 19 — By Dennis and Stipe of the Senate and Sherrer of the House.

A concurrent resolution expressing legislative intent that certain small hospitals be exempt from Department of Human Services’ funding proposal; and directing distribution.



SB 71

BILLS RELEASED

HBs 1108 and 1215, together with the CCRs thereon, were ordered returned to the Honorable House.



Eighty-second Legislative DayThursday, June 9,1983


Roll Call:

Present: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatriek, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pieree, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Winn, Wright, York and Young.— 45.

Excused: Branch, Moore and Watson.—3.


The prayer was offered by Reverend Parsley, the guest of Senator Boatner.



Jerry Curtis C ook, Tahlequah, as a m em ber to the M otor V ehicle C om m ission.

Sam Gamer, Hugo, as a member to the Board of Nursing Homes.

Ken Johnston, Chickasha, as a member to the Board of Regents of the University of Science and Arts of Oklahoma.

Lee Martin, Norman, as a member to the State Board of Mental Health.

Gary Porter, Elk City, as a member to the Board of Nursing Homes.

Paul W. Reed, Jr., Sulphur, as Commissioner to the Department of Public Safety.

Grant Sample, Tulsa, as a member to the Employment Security Commission.


SBs 18, 19, 20, 21, 50 and 99 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.




774 Senate Journal


Advising further Conference granted on Engrossed HB 1116, and naming same House Conferees as follows: Lewis, Fair and Anderson.

BILL WITHDRAWN—REFERRED

Senator Combs asked unanimous consent to withdraw HCR 1012 from the Finance Committee and refer same direct to the Calendar, which was the order.


Upon motion of Senator Schuelein, the request of the Honorable House for further Conference on HB 1052 was ordered granted, President Pro Tempore York rereferring same to GCCA.



HCR 1020 — By Davis (Frank) and Harbin of the House and McCune of the Senate.

A concurrent resolution urging that passenger train service be reinstated in Oklahoma; and directing distribution.



Senator Taylor introduced Mrs. Donna MeSpadden and her husband. Congressman Clem MeSpadden and asked unanimous consent, which was granted, that they be granted privileges of the floor.

Senator Taylor presented Mrs. MeSpadden with a Citation from the Senate in honor

of her being named “ International Volunteer Woman of the Year” for outstanding achievements in cultural and civic work. Mrs. MeSpadden responded to the honor with a brief address to the Senate.

INTRODUCTION

Senator Roberts introduced former Senator Ernest Martin, Ardmore, to the Senate.


Advising Conference granted on Engrossed SB 263, and naming House Conferees as follows: Johnson (Don), Kamas and Sanders.

GENERAL ORDER

SJR 30 by York of the Senate and Draper of the House was called up for consideration.

Senator York moved that SJR 30 be advanced, which motion was declared adopted.

THIRD READING

Senator Porter asked unanimous consent that the vote be reconsidered whereby SJR 30 was advanced, to which request objection was heard.

Senator Porter moved that the vote be reconsidered whereby SJR 30 was advanced.

Senator York moved to table the Porter motion to reconsider, which motion to table was declared failed of adoption upon a division of the question.

Senator Porter pressed his motion to reconsider the vote whereby SJR 30 was advanced, which motion was declared adopted upon a division of the question.

GENERAL ORDER

SJR 30 was considered further.

Eighty-second Legislative Day, Thursday, June 9, 1983 775

Senator Porter moved to amend SJR 30, Page 3, Line 4, by adding a new Section 2 and renumbering: “ No agency attorney shall be paid a salary of an amount more than the Attorney General of Oklahoma.” , which amendment was declared adopted upon roll call as follows:

Aye: Boatner, Choate, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Keller, Lamh, Leonard, Luton, McCune, McIntyre, Miller, Pierce, Porter, Rhodes, Roberts, Ro- zell. Smith, Stipe, Wright and Young.—24.

Nay: Cain, Capps, Cate, Combs, Culli- son, Giles, Howell, Johnson, Kilpatrick, Landis, McDaniel, O’Connor, Randle, Schuelein, Shedrick, Taliaferro, Taylor, Terrill and York.— 19.

Excused: Branch, Clifton, Moore, Watson and Winn.—5.

SJR 30 remains on General Order.


ANNOUNCEMENT

Senator Schuelein announced to the Senate of the birth of Senator and Mrs. Joe Johnson’s grandson, Christopher George, on this date.





Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb,

Landis, Leonard, Luton, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, York and Young.—40.

Nay: McCune, Rhodes, Smith and Wright.—4.

Excused: Branch, Moore, Watson and Winn.—4.







Advising fourth reading of and returning Enrolled SBs 18, 19, 20, 21, 50 and 99.






Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, McCune,

776 Senate Journal

McDaniel, McIntyre, Miller, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Wright, "Tork and Young.— 39,

Nay: Green and Leonard.—2.

Excused: Branch, Giles, Luton, Moore, Porter, Watson and Winn.—7.




The CCR on HB 1060 was adopted upon motion of Senator Kilpatrick.



Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Wright, York and Young.—42.

Excused: Branch, Luton, Moore, Taliaferro, Watson and Winn.—6.







Aye: Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Wright, York and Young.—41.

Nay: Boatner.— 1.

Excused: Branch, Cate, Luton, Moore, Watson and Winn.—6.







Aye: Boatner, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Wright, York and Young.—41.

Nay: Smith.— 1.

Excused: Branch, Cain, Luton, Moore, Watson and Winn.—6.








Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Wright, York and Young.—42.

Excused: Branch, Giles, Luton, Moore, Watson and Winn.—6.







Aye: Boatner, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe,

Taliaferro, Taylor, Terrill, York and Young.— 39.

Nay: Choate, Pierce, Smith andWright.—4.

Excused: Branch, Luton, Moore, Watson and Winn.—5.



Pursuant to Rule 12-24 Senator Pierce moved that the vote be reconsidered whereby HB 1051 passed.





Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McDaniel, McIntyre, Miller, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Wright, York and Young.— 40.

Nay: McCune, O’Connor and Pierce.—3.

Excused: Branch, Luton, Moore, Watson and Winn.—5.



778 Senate Journal


HAs to SB 239 were rejected upon motion of Senator Dennis, Conference requested, and Senate Conferees to be named later.


Senator Roberts moved that the vote be reconsidered whereby the Porter amendment to SJR 30 was adopted.

The Presiding Officer declared the Roberts motion in order in that his vote was reflected as being on the prevailing side of the question and advised that the motion be disposed of the same day made. Senate Rule 12-24E.

Senator Roberts asked unanimous consent that his motion be withdrawn, which was the order.

Senator Roberts moved that SJR 30 be advanced, which motion was withdrawn upon request of Senator Roberts.


HAs to SB 71 were rejected upon motion of Senator Dawson, Conference requested, and Senate Conferees to be named later.


UNANIMOUS CONSENT REQUEST TO SUSPEND RULE

Senator Randle asked unanimous consent to suspend Rule 12-16 to exempt HB 1179 from Senate Appropriations Committee consideration and advised that HB 1179 had been considered and reported from the Senate Education Committee and is now on General Order, which was the order.





Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Smith, Stipe, Taliaferro, Taylor, Terrill, Wright, York and Young.—42.

Excused: Branch, Giles, Luton, Moore, Watson and Winn.—6.




Advising Conference granted on Engrossed SB 239, and naming House Conferees as follows: Sherrer, Caldwell and Murphy.


Senator McCune asked unanimous consent to suspend Rule 5-4 and refer HCR 1020 direct to the Calendar for consideration on this date, which was the order.

GENERAL ORDER

HCR 1020 by Davis (Frank) and Harbin of the House and McCune of the Senate was called up for consideration.

Senator Schuelein asked to coauthor HCR 1020, which was the order.

Senator Stipe moved to amend HCR 1020, Page 1, Line 35, by adding after the


word “ Oklahoma” the following: “ and through McAlester, Oklahoma, along the Rock Island route. which amendment was declared failed of adoption.

HCR 1020 was adopted upon motion of Senator McCune, properly signed and ordered returned to the Honorable House.


Advising Conference granted on Engrossed SB 71, and naming House Conferees as follows: Fried, Brown and Leftwich.




SECOND READING


SCR 19 — Policy

COMMITTEE REPORTS


DO PASS:

SCR 17 — General Government HB 1433 — Business and Labor


SJR 29 — Policy


Conference Committee Reports were read on the following Bills.



SB 223SB 250 — (conference committee substi

tute)SB 282 — (conference committee substi

tute)





Advising approval by him, June 9, 1983, of Enrolled SB 79,

BILLS RELEASED


HBs 1043, 1044, 1049, 1054 and 1060,together with the CCRs thereon, were ordered returned to the Honorable House.


Upon motion of Senator Schuelein, the Senate adjourned at 12:45 p.m. to meet Monday, June 13, 1983, at 1:30 p.m.

Eighty-third Legisiative DayMonday, June 13,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schue- lein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 43.

Excused: Dahl, Giles, Miller, Moore and Stipe.— 5.



The prayer was offered by Reverend Kenneth Tobler, St. Paul’s United Methodist Church, Shawnee, the guest of Senator Clifton.


SBs 29,38,43,48,222 and 262 were each correctly enrolled and after fourth reading,

properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.


Advising fourth reading of and transmitting for signature Enrolled HBs 1043,1044, 1049, 1054 and 1060.



HAs to SB 212 were concurred in upon motion of Senator Capps.



Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Pierce, Porter, Rhodes, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, York and Young.—37.

782 Senate Journal

Nay: Boatner, Roberts and Wright.—3.

Excused: Dahl, Giles, Lamb, Miller, Moore, Randle, Stipe and Winn.—8.

The bill passed.



Advising passage of and transmitting for consideration Engrossed HJR 1024 — Joint Rule 17(a) suspended.

HJR 1024 — By Duke, Riggs and Left- wich of the House and Wright of the Senate.

A joint resolution expressing legislative intent that certain reports be compiled by the Administrative Director of the Courts; and directing distribution.



Upon motion of Senator Schuelein, the request of the Honorable House for Conference on HB 1353 was ordered granted. President Pro Tempore York appointing as Senate Conferees the following: Senators Cate, Luton and McDaniel.





Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Pierce, Porter, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn and York.—39.

Nay: Rhodes and Wright.—2.

Excused: Dahl, Giles, Miller, Moore, Randle, Stipe and Young.—7.







Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn and York.—37.


Excused: Branch, Dahl, Giles, McIntyre, Miller, Moore, Stipe and Young.— 8.


Eighty-third Legislative Day, Monday, June 13, 1983 783

SB 34, together with the Conference Committee Report thereon, was ordered transmitted to the Honorable House.SPECIAL INTRODUCTION

Senator Howell introduced General James Mullins, Four-Star General who is commander of the Air Force Logistics Command at Wright-Patterson AFB, Ohio; General J im Light, commander at Oklahoma City Air Logistics Center and Maj. General S.T. Ayers, Military augmentee to General Mullins, to the Senate and asked unanimous consent, which was granted, that they be granted privileges of the floor. General Mullins addressed the Senate on the current status of military operations.






Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Dawson, Dennis, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McDaniel, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Taliaferro, Taylor, Watson, Winn, Wright and Young.—30.

Nay: Combs, Cullison, Ford, Green, Hopkins, Luton, McCune, McIntyre, Pierce, Shedrick and Smith.— 11.

Excused: Dahl, Giles, Miller, Moore, Stipe, Terrill and York.—7.

The bill passed.

Senators Luton and Green desired to vote Aye on the emergency.








Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Hopkins, Howell. Johnson, Keller, Kilpatrick, Lamb, Luton, McCune, McDaniel, McIntyre, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein. Shedrick, Taliaferro, Taylor, Watson. Winn, Wright and Young.—35.

Nay: Green, Landis, Leonard and O’Con- nor.-

Excused: Cate, Dahl, Giles. Miller. Moore, Smith, Stipe, Terrill and York.—9.







784 Senate Journal

Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.— 40.

Nay: O’Connor and Pierce.—2.

Excused; Dahl, Giles, Miller, Moore, Stipe and York.—6.




The CCR on SB 72 was adopted upon motion of Senator Dawson.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—42.

Excused: Dahl, Giles, Miller, Moore, Stipe and York.—6.




The CCR on SB 172 was adopted upon motion of Senator Howell.



Aye: Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dawson, Dennis, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, McIntyre, O’Connor, Porter, Randle, Rhodes, Roberts, Schuelein, Shedrick, Taylor, Watson, Winn, Wright and Young.—33.

Nay: Boatner, Choate, Ford, Leonard, Pierce, Rozell, Smith, Taliaferro and Terrill.—9.


The bill passed.






The CCR on HB 1314 was adopted upon motion of Senator McCune.




Aye: Cain, Capps, Choate, Clifton, Combs, Cullison, Dawson, Ford, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Leonard, McCune, McDaniel, McIntyre, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.— 32.

Nay: Boatner, Branch, Cate, Dennis, Howell, Landis, Luton, Pierce, Schuelein and Smith.— 10.


The bill passed.





FOURTH READING

Senator Terrill asked unanimous consent, which was granted, that SB 55 be laid over for this legislative day.



SB 56, as amended in Conferenee, was read at length.


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, MeDan-

iel, McIntyre, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.

Excused: Dahl, Giles, Miller, Moore and Stipe.—5.







Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, York and Young.—38.

Nay: Pierce, Randle, Smith andWright.—4.

Excused: Dahl, Giles, Miller, Moore, Porter and Stipe.—6.



786 Senate Journal





Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—42.

Excused: Dahl, Giles, Miller, Moore, Porter and Stipe.—6.





SB 46SB 49SB 224



HB 1059

HB 1065HB 1069HB 1180, coauthored by Logan and Ba

ker of the HouseHB 1262HB 1306





Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.




GENERAL ORDER

SJR 30, considered on Pages 774 and 775, was considered further.

Senator Porter moved that the vote be reconsidered whereby his amendment to SJR 30, shown on Page 775, was adopted, which motion was declared adopted.

Senator York moved, as a substitute amendment, to amend SJR 30, Page 3, Line 3 '/a, by adding a new Section 2 and renumber subsequent section:


“ Section 2. On July 1, 1983, the Director of the Department of Human Services shall cause the salary of each employee of the Department whose current salary exceeds the rate of $40,000.00 per year to reduced by three percent (3%) for the fiscal year ending June 30, 1984. This reduction shall not apply to the salaries of licensed dentists, licensed physicians, licensed doctors of osteopathy and nurses.” , which amendment was declared adopted upon roll call as follows;

Aye: Boatner, Branch, Capps, Cate, Clifton, Cullison, Dawson, Eiennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Lamb, Landis, Leonard, McDaniel, McIntyre, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Winn, York and Young.—32.

Nay: Cain, Choate, Combs, Kilpatrick, Luton, McCune, O’Connor, Smith, Terrill, Watson and Wright.— 11.


Senator York moved that SJR 30 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Capps, Cate, Clifton, Cullison, Dawson, Dennis, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Winn, York and Young.— 33.

Nay: Cain, Choate, Combs, Ford, McCune, O ’Connor, Smith, Terrill, Watson and Wright.— 10.




Pursuant to Rule 12-24 Senator Smith moved that the vote be reconsidered whereby SJR 30 passed.


Senator Wright asked unanimous consent, which was granted, to suspend Joint Rule 17(a) to consider HJR 1024 this legislative session.


Senator Wright asked unanimous consent to suspend Rule 5-4 and refer HJR 1024 direct to the Calendar when the resolution is read the second time, which was the order.





Returning following Bill, together with Conference Committee Report thereon, advising adoption of Conference Committee Report and passage of Measure as amended: Engrossed SB 81 (emergency failed).


788 Senate Journal

GENERAL ORDER

HB 1179 by Deatherage, et al, of the House and Randle and Kilpatrick of the Senate was called up for consideration.


THIRD READING

Senator Boatner moved to reconsider the vote whereby HB 1179 was advanced for the purpose of considering an amendment.

Senator Smith moved to table the Boatner motion, which motion was declared failed of adoption upon roll call as follows:

Aye; Cain, Cate, Cullison, Dawson, Ford, Green, Hopkins, McCune, McIntyre, O’Connor, Pierce, Randle, Rhodes, Smith, Terrill, Watson and Wright.— 17.

Nay: Boatner, Branch, Capps, Choate, Clifton, Combs, Dennis, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, Porter, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Winn, York and Young.—26.


Senator Boatner pressed his motion to reconsider the vote whereby HB 1179 was advanced, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Dennis, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, Porter, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Winn, York and Young.—25.

Nay: Cate, Clifton, Cullison, Dawson, Ford, Green, Hopkins, Keller, McCune, Mc

Intyre, O’Connor, Pierce, Randle, Rhodes, Smith, Terrill, Watson and Wright.— 18.


GENERAL ORDER


Senator Boatner moved to amend HB 1179, Page 7, Lines 12 and 13 by deleting the words and figure “ eleven percent (11%)’’ and inserting in lieu thereof the words and figure “ ten percent (10%)’’, which amendment was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Dennis, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, Porter, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Winn, York and Young.—25.

Nay: Cate, Clifton, Cullison, Dawson, Ford, Green, Hopkins, Keller, McCune, McIntyre, O’Connor, Pierce, Randle, Rhodes, Smith, Terrill, Watson and Wright.— 18.



THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis,


Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—41.

Nay: Ford and Smith.—2.




Pursuant to Rule 12-24 Senator Ford moved that the vote be reconsidered whereby HB 1179 passed.





Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—42.

Excused: Dahl, Giles, Miller, Moore, Pierce and Stipe.—6.




A dvising rejection o f C C R to EngrossedSB 2 7 1 , requesting further C onference and

naming same Conferees as follows: Duckett, Brown and Willis.


Returning following Bills, together with Conference Committee Reports thereon, advising adoption of Conference Committee Reports and passage of Measures as amended: Engrossed SBs 33,39,42 and 53.

The above numbered Bills, as amended in Conference, were referred for enrollment. CONFEREES NAMED

Senator Schuelein announced the appointment of the following Senate Conferees on the following SBs:

SB 71 — Dawson, Shedrick and Terrill. SB 239 — Dennis, Roberts and Dahl.



SB 25 (conference committee substitute) SB 31 (conference committee substitute) SB 35 (conference committee substitute) SB 44 (conference committee substitute) SB 51 (conference committee substitute) SB 54 (conference committee substitute) SB 64 SB 206

BILLS RELEASED

HBs 1042, 1075, 1076, 1077, 1272 and 1314, together with the CCRs thereon, were properly signed and ordered returned to the Honorable House.



Eighty-fourth Legislative DayTuesday, June 14,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamlp, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Excused: Dahl and Stipe.—2.


The prayer was offered by Reverend Tob- ler, the guest of Senator Clifton.



William E. Beckman, Muskogee, as a member to the State Board of Corrections.

Jerry Franks, Tulsa, as a member to the Board of Nursing Homes.

Becky Newlin, Elk City, as a member to the Board of Regents of Western Oklahoma State College.

Jearl Smart, Wewoka, as a member to the Board of Nursing Homes.

Anthony C. Thomas, DVM, Midwest City, as a member to the Veterinary Medical Examiners Board.



Jack Bernier, Oklahoma City, as a member to the Board of Regents of South Oklahoma City Junior College, to serve a term of seven years ending April 22, 1990, and effective upon Senate confirmation. Mr. Bernier will succeed himself.

Jack Clark, Oklahoma City, as Chairman to the Motor Vehicle Commission, for a term coterminous with that of the office of Governor, and effective upon Senate confirmation. Mr. Clark will succeed himself.

H. Harold Coffelt, Lawton, as a member to the Used Motor Vehicle and Parts Com-

792 Senate Journal

mission, to serve an unexpired term of six years ending June 30, 1984, and effective upon Senate confirmation. Mr. Coffelt will succeed Betty Terry (resigned).

T.G. “ Thad” Johnson, El Reno, as a member to the Board of Regents of El Reno Junior College, to serve a term of seven years ending April 22, 1990, and effective upon Senate confirmation. T.G. Johnson will succeed himself.

Roger Laubach, Oklahoma City, as a member to the Board of Regents for Rogers State College, to serve a term of five years ending June 30, 1986, and effective upon Senate confirmation. Mr. Laubach will succeed Philip Viles.

Lee Martin, Norman, as a member to the State Board of Mental Health, to serve an unexpired term of seven years ending December 31, 1984, and effective upon Senate confirmation. Mr. Martin will succeed John Patten (deceased).


SBs 33, 39, 42, 53, 81 and 212 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.


Advising fourth reading of and transmitting for signature Enrolled HBs 1042,1075, 1076, 1077, 1272 and 1314.



Advising the signing and transmitting for signature Enrolled HCR 1020.



Senator Young introduced Mrs. Oma Tharel, Drumright, the “ Outstanding Older Oklahoma Woman for 1983” to the Senate and asked unanimous consent, which was granted, that Mrs. Tharel be granted privileges of the floor during the consideration of SR 26.

GENERAL ORDER

SR 26 by Young was called up for consideration.

All other members of the Senate except Senator Dawson asked to coauthor SR 26, which was the order.

SR 26 was adopted upon motion of Senator Young and referred for enrollment.SPECIAL INTRODUCTION

Senator Taliaferro introduced Mrs. Donna Kerr, the 1983 Mrs. Oklahoma, and Miss Risa Kinney, the first annual queen of the National Wheat Harvest, to the Senate and asked unanimous consent that they be allowed privileges of the floor to receive Citations from the Senate, which was the order. Mr. and Mrs. Frank Kinney, parents of Risa, were also introduced.

UNANIMOUS CONSENT R E Q U E S T - MOTIONS TO RECONSIDER VOTES

Senator Schuelein asked unanimous consent to invoke Rule 12-24A in order that all motions to reconsider votes on bills and resolutions lodged on Tuesday, June 14 and thereafter be disposed of the same day such notice is served, which was the order.


The C C R on SB 31 was adopted uponm otion o f Senator Randle.

Eighty-fourth Legislative Day, Tuesday, June 14, 1983 793


Senator Shedrick asked to coauthor SB 31, which was the order.


Aye; Boatner, Cain, Capps, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.

Excused: Branch, Cate, Dahl, Smith and Stipe.—5.







Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, O’Connor, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Winn, York and Young.—37.

Nay: Green, McCune, Moore, Pierce, Rhodes, Watson and Wright.—7.

Excused: Cate, Dahl, Smith and Stipe.—4.







Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Cate, Dahl, Smith and Stipe.—4.






794 Senate Journal





Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—42.

Excused: Cate, Dahl, McIntyre, Randle, Smith and Stipe.—6.







Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Winn, Wright, York and Young.—40.

Nay: Landis, Moore and Watson.—3.

Excused: Cate, Dahl, McIntyre, Smith and Stipe.—5.



GENERAL ORDER

SCR 17 by Dahl and Rozell of the Senate and Hall, et al, of the House was called up for consideration.

Senators Shedrick and Dawson asked to coauthor SCR 17, which was the order.

SCR 17 was adopted upon motion of Senator Rozell and referred for engrossment.

GENERAL ORDER

HCR 1012 by Henry of the House and Clifton of the Senate was called up for consideration.

HCR 1012 was adopted upon motion of Senator Clifton, properly signed and ordered returned to the Honorable House.


HAs to SBs 46 and 49 were rejected upon motion of Senator Randle, Conference requested, and said bills referred to GCCA.


The CCR on SB 206 was adopted upon motion of Senator Leonard.





Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Dahl, Randle and Stipe.—3.

The bill passed.



The CCR on HB 1306 was adopted upon motion of Senator Taylor.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.





H A s to SB 217 were concurred in uponmotion o f Senator Johnson.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 45.

Excused: Dahl, Ford and Stipe.—3.

The Chair advised that Senator Ford, having been present in the Chamber during the vote on SB 217, would be shown voting “ Nay” incompliance with Rule 14-lB. The vote thereby resulted as follows: Aye: 45; Nay: 1; Excused: 2.




The CCR on SB 223 was adopted upon motion of Senator Johnson.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore,

796 Senate Journal

O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Excused; Dahl and Stipe.—2.




HAs to SB 224 were rejected upon motion of Senator Johnson, Conference requested, and Senate Conferees appointed as follows; Senators Johnson, Taliaferro and Rozell.


Upon motion of Senator Schuelein, the request of the Honorable House for further Conference on SB 271 was ordered granted. President Pro Tempore York appointing same Senate Conferees as follows; Senators Terrill, Cain and Watson.



The CCR on HB 1071 was adopted upon motion of Senator Watson.



Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison,

Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Potter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 46.








Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 46.





The C C R on H B 1073 w as adopted uponm otion o f Senator Cain.




Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.




DECLARATION OF VOTE

Senator Cate asked that the record reflect had he been present at the time of Final Passage of SB 31, he would have voted “ Aye,” which was the order.


Advising rejection of CCR to Engrossed SB 32, requesting further conference and rereferring Bill to GCCA.





Senator Keller m oved that the vote be reconsidered whereby SB 152 failed on Final

Passage, which motion was tabled upon motion of Senator Roberts upon a division of the question.





Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.

Nay: Keller.— 1.

Excused: Dahl, McDaniel, Randle and Stipe.—4.







Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick,

798 Senate Journal

Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Nay: Smith.— 1.

Excused: Dahl, McDaniel and Stipe.—3.












The C C R on SB 250 w as adopted uponm otion o f Senator Smith.











Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taylor, Terrill, Watson, Winn, Wright, York and Young.—38.

Nay: Green, Keller, McCune, Moore, Pierce and Smith.—6.

Excused: Dahl, Giles, Stipe and Taliafer-


The Chair advised that Senator Taliaferro, having been present in the Chamber during the vote on SB 282, would be shown voting “ Nay” in compliance with Rule 14-lB. The vote thereby resulted as follows; Aye: 38; Nay; 7; Excused: 3.

The bill passed.


SECOND READING

The following was read the second time and referred as indicated;

HJR 1024 — Direct to Calendar


Advising Conference granted on Engrossed SBs 46 and 49, and referring Bills to GCCA.


Advising Conference granted on Engrossed SB 224, and naming House Conferees as follows: Johnson (Don). Willis and Sanders.


Returning following Bill, together withConference Committee Report thereon,advising adoption of Conference Committee Report and passage of Measure as amended: Engrossed SB 72.



SB 47

A dvising passage o f and returning the fo llow ing Engrossed B ill, as amended:


Transmitting the following Bills, together with Conference Committee Reports thereon, advising adoption of Conference Committee Reports and passage of measures as amended;

HB 1079 HB 1104 HB 1176 HB 1266 HB 1327 HB 1430


Conference Committee Report was read on the following Bill:

SB 62, coauthored by Brown of the House.LOBBYIST RESIGNATION

Notice of resignation as a lobbyist has been received from the following: Bazhaw, Lana Jo, as of May 31, 1983.


Advising approval by him, June 14, 1983, of Enrolled SBs 20, 21, 29, 38, 43, 48, 50 and 99.

BILLS RELEASED

HBs 1061,1063,1071,1073,1078,1306 and 1409, together with the CCRs thereon, were properly signed and ordered returned to the Honorable House.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday, June 15, 1983, at 1:30p.m., which motion prevailed.


ji,ij . . j i . j'piiwpi f ppp|ppyp;i

Eighty-fifth Legisiative DayWednesday, June 15,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 46.






Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—42.

Excused: Clifton, Dahl, Giles, Kilpatrick, Smith and Stipe.—6.


Senator Rozell introduced his niece. Miss Regina Christie, the current “ Miss Cherokee Princess” of the Cherokee Nation, along with her parents, Mr. and Mrs. Isaac Christie, and her brother, Danny, to the Senate, and asked unanimous consent, which was granted, that they be allowed privileges of the floor to honor Miss Christie with a Citation from the Senate. Miss Christie responded to the honor and sang The Lord’s Prayer for the Senate.



802 Senate Journal

Jerry Franks, Tulsa, as a member to the Board of Nursing Homes, to serve a term of three years ending July 1, 1984, and effective upon Senate confirmation. Mr. Franks will succeed A1 Hardin (resigned).

Gary Porter, Elk City, as a member to the Board of Nursing Homes, to serve a term of three years ending July 1, 1985, and effective upon Senate confirmation. Mr. Porter will succeed Gary Reed.

Paul W. Reed, Jr., Sulphur, as Commissioner to the Department of Public Safety, to serve a term coterminous with that of the office of Governor, and effective upon Senate confirmation. Mr. Reed will succeed himself

Jearl Smart, Wewoka, as a member to the Board of Nursing Homes, to serve a term of three years ending July 1, 1985, and effective upon Senate confirmation. Mr. Smart will succeed himself.



SBs 23, 30, 34, 56, 57, 72 and 217 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.










HCR 1022 — By Duckett, Sherrer, Left- wich, Davis (Guy), Holden, Harbin, Graves, Fair, Cole, Sill, Davis (Porter), Williamson, Conaghan, Smith (Bill), Garrison and Clark of the House and Lamb of the Senate.

A concurrent resolution proclaiming 1983 to be the Year of the Bible in Oklahoma.


FIRST READING


SCR 20 — By Choate of the Senate and Hale of the House.

A concurrent resolution authorizing the Board of Regents of El Reno Junior College to issue revenue bonds pursuant to Section4002.1 of Title 70 of the Oklahoma Statutes; and directing distribution.

SCR 21 — By McCune and Johnson of the Senate and Duke of the House.

A concurrent resolution expressing legislative intent on the meaning of certain statutes which relate to the procurement of certain products or services by state and local agencies; directing the State Board of Public Affairs to promulgate rules and regulations; and directing distribution.

Eighty-fifth Legislative Day, Wednesday, June 15, 1983 803

SR 27 — By Schuelein.A resolution relating to the protection of

the property and supplies of the Senate during the interim; authorizing the employment of necessary personnel; restricting use of Senate offices and the Senate Chamber during the interim, except with the consent of the President Pro Tempore; authorizing and empowering the President Pro Tempore to make provisions and approve claims for needed repairs to the Senate Chamber and Senate offices and furnishings thereof and to purchase needed furnishings and equipment therefor; regulating the use of telephone credit cards by members of the Senate; authorizing and directing the President Pro Tempore to provide stationery and postage stamps for each member for official use; authorizing the President Pro Tempore to appoint members of the Senate to interim committees; and authorizing the President Pro Tempore to approve claims for reimbursement incurred by members and employees of the Senate during the interim.



SB 22 (conference committee substitute)SB 28 (conference committee substitute)SB 45 (conference committee substitute)SB 49 (conference committee substitute)SB 97 — 2nd CCR (conference commit

tee substitute)SB 103 (conference committee substi

tute)SB 138 (conference committee substi

tute), coauthored by Brewster and Lewis of the House

SB 162 (conference committee substitute)


Senator Choate asked unanim ous consentto suspend Rule 5-4 and to refer SC R 20

direct to the Calendar for consideration on this date, which was the order.

GENERAL ORDER

SCR 20 by Choate of the Senate and Hale of the House was called up for consideration.

SCR 20 was adopted upon motion of Senator Choate and referred for engrossment.

GENERAL ORDER

SJR 29 by McDaniel of the Senate and Mentzer of the House was called up for consideration.

Senator McDaniel moved to amend SJR 29, Page 1, by striking the title, the resolving clause and the entire body of the resolution and inserting in lieu thereof the following:

“ A joint resolution requesting the State Auditor and Inspector to conduct a fiscal audit of the Department of Human Services; directing the State Auditor and Inspector to conduct a performance audit of the Department of Human Services for certain purposes; providing for compliance with certain federal regulations; authorizing certain temporary employees; providing completion date for audit; directing distribution; and declaring an emergency.

WHEREAS, the Oklahoma State Legislature has struggled since the very beginning of this session with the critical issues created by a very changed economic outlook; and

WHEREAS, the inability of the Department of Human Services to forecast its expenditure and funding needs has cast a shadow over the whole decision making and budgetary process of this Legislature; and

WHEREAS, the Oklahoma State Legislature recognizes the anxieties that have been created for all state agencies and state employees due to the changes in the economic

804 Senate Journal

outlook of the state and the problems of the Department of Human Services; and

WHEREAS, reports from the Office of State Finance and the Department of Human Services represent the two major official sources of information concerning the operations of the Department of Human Services; and

WHEREAS, certain aspects of the reporting system used by the Department of Human Services concerning its fiscal operations such as including food stamps as a program expenditure, excluding capital outlay as an expenditure item and reflecting its administrative costs at an arbitrary percentage level are different from the reporting system used by the Office of State Finance thereby creating a situation in which confusing and conflicting results arise from attempts at comparing them; and

WHEREAS, a complete fiscal audit and a thorough performance audit of the programs of the Department of Human Services, including the teaching hospitals, would give the Oklahoma State Legislature, as well as the Department of Human Services itself, an accurate working knowledge of the programs and the management of the Department’s programs that has not been available heretofore.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 39TH OKLAHOMA LEGISLATURE.

SECTION 1. The Oklahoma State Legislature hereby requests the Office of the State Auditor and Inspector to undertake as a top priority of that Office, a complete fiscal audit of the fiscal year ending June 30, 1983, of the programs of the Department of Human Services, except direct assistance programs which are audited by federal agencies, including the teaching hospitals, in order that

information resulting from such an audit may be made available to the Legislature as quickly as possible.

SECTION 2. A. The State Auditor and Inspector is hereby directed to conduct a peifoimance audit of all programs, including the teaching hospitals, of the Department of Human Services except direct assistance programs which are audited by federal agencies. The performance audit shall be paid for by the Department of Human Services provided, the cost of such audit shall not exceed Five Hundred Thousand Dollars ($500,000.00). The audit shall include, but not be limited to, the following:

1. An evaluation of the management or operation of each program including local offices to determine instances of waste or inefficiency. Such an evaluation shall include suggested changes or alternatives which will lead to improved performance standards;

2. A review of the financial reporting systems of the Department of Human Services;

3. A determination of the informational needs of the Department’s program directors for the purposes of program accountability and budgeting; and

4. A determination of the informational needs of the Governor, the Oklahoma State Legislature and the Office of State Finance for the purpose of accurate and efficient monitoring of the Department’s programs.

B. The performance audit provided for in this section shall be in compliance with all rules and regulations of the Office of Management and Budget, Circular A-102 of the Code of Federal Regulations and any other applicable subparts of such Code.

C. The State Auditor and Inspector is hereby authorized to employ or contract for such additional temporary staff as is reason-


able and necessary to complete the performance audit, provided that such temporary staff shall not be employed beyond February 1, 1984.

D. The performance audit shall be completed by February 1, 1984. At that time a management letter shall be made available to all members of the Oklahoma State Legislature.

A copy of the entire audit report shall be distributed to the Governor, the President Pro Tempore of the Oklahoma State Senate, the Speaker of the House of Representatives, the chairmen of the appropriation committees of the Senate and the House of Representatives and the Director of the Department of Human Services.

SECTION 3. Copies of this resolution shall be distributed to the Governor, the President Pro Tempore of the Oklahoma State Senate, the Speaker of the House of Representatives, members of the Human Services Commission, the Director of the Department of Human Services and the State Auditor and Inspector.


Senator McDaniel moved that SJR 29 be advanced, which motion was declared adopted.

THIRD READING


On the question o f passage o f the resolution and em ergency, the roll call resulted asfollow s:

Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Smith, Taliaferro, Taylor, Terrill, Watson, York and Young.—41.

Nay: Boatner, Johnson, Winn andWright.—4.

Excused: Dahl, Giles and Stipe.—3.



GENERAL ORDER

HJR 1024 by Duke, et al, of the House and Wright of the Senate was called up for consideration.

Senator Wright moved that HJR 1024 be advanced, which motion was declared adopted.

THIRD READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Nay: Miller.— 1.

806 Senate Journal





HAs to SB 47 were rejected upon motion of Senator Randle, Conference requested, and said bill referred to GCCA.


Upon motion of Senator Schuelein, the request of the Honorable House for further Conference on SB 32 was ordered granted. President Pro Tempore York rereferring same to GCCA.


The CCR on HB 1104 was adopted upon motion of Senator Boatner.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 44.

Excused: Dahl, McIntyre, Smith and Stipe.—4.

The bill passed.



The CCR on HB 1069 was adopted upon motion of Senator Cain.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Dahl, McDaniel, Smith and Stipe.—4.




Senator McCune asked unanimous consent to suspend Rule 5-4 and to refer SCR 21 direct to the Calendar, which was the order.



H B 1059 , as amended in C onference, w asread at length.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Dahl, Stipe and Taliaferro.—3.







Aye: Cain, Capps, Choate, Clifton, Combs, Giles, Green, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McDaniel, O’Connor, Pierce, Rhodes, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson and York —25.

Nay: Boatner, Branch, Cate, Cullison, Dawson, Dennis, Ford, Hopkins, Luton, McCune, McIntyre, Miller, Moore, Porter, Roberts, Rozell, Smith, Winn, Wright and Young.—20.


The bill passed.

Senators Cullison, Hopkins, Wright, Young, Winn, Ford and Smith desired to vote Aye on the Emergency.




Pursuant to Rule 12-24 Senator Roberts moved that the vote be reconsidered whereby HB 1065 and the emergency passed.







The bill passed.



The C C R on SB 62 was called up forconsideration.

808 Senate Journal

Senator Taliaferro asked unanimous consent, which was granted, that SB 62 be laid over temporarily.


The CCR on HB 1176 was adopted upon motion of Senator Cate.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Deimis, Giles, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Terrill, Watson, Winn, Wright, York and Young.—42.

Nay: Howell and Smith.—2.

Excused: Dahl, Ford, Stipe and Tayl o r . ^ .

The bill passed.



The CCR on SB 54 was rejected upon motion of Senator Terrill; further conference requested, said bill rereferred to GCCA.


The 2nd CCR on SB 97 was adopted upon motion of Senator York.

SB 9 7 , as amended in C onference, w asread at length.


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Dawson, Ford, Giles, Green, Hopkins, Howell, Keller, Landis, Luton, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Winn, York and Young.—33.

Nay: Cullison, Dennis, Johnson, Kilpatrick, Lamb, Leonard, McCune, Moore, Rhodes, Roberts, Rozell, Watson and Wright.— 13.








Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.

Excused: Dahl, Giles, Kilpatrick, Smith and Stipe.— 5.









Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Dahl, Giles, Randle andStipe.—4.







Aye: Boatner, Branch, Cain, Capps,Cate, Choate, C lifton, C om bs, C ullison,

Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, O ’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taylor, Terrill, Winn, Wright, York and Young.—40.

Nay: McCune and Moore.—2.

Excused: Dahl, Giles, Randle, Stipe, Taliaferro and Watson.—6.





Advising fourth reading of and returning Enrolled SBs 23,30,34,56,57,72 and 217.






Senator Clifton moved the adoption of the CCR on SB 179, which motion was declared failed of adoption upon roll call as follows:

Aye: Capps, Clifton, Johnson, Keller, Lamb, Landis, McDaniel, Moore, O ’Connor, Rhodes, Rozell, Taliaferro, Taylor, Winn and Wright.— 15.

Nay: Boatner, Branch, Cain, Cate, Choate, Combs, Cullison, Dawson, Dennis,

810 Senate Journal

Ford, Green, Hopkins, Howell, Kilpatrick, Leonard, Luton, McCune, McIntyre, Miller, Pierce, Porter, Randle, Roberts, Schue- lein, Shedrick, Smith, Terrill, Watson and Young.— 29.

Excused: Dahl, Giles, Stipe and York.— 4.

The CCR on SB 179 remains on the Senate Calendar.


The CCR on SB 62 was rejected upon motion of Senator Landis; further conference requested. President Pro Tempore York naming same Senate conferees as follows; Landis, Branch and Cain.





Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Dahl, Giles, Randle andStipe.—4.


H B 1055 , together with the ConferenceCom m ittee Report thereon, was orderedtransmitted to the Honorable H ouse.





Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Porter, Roberts, Rozell, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—38.

Nay: Moore, Pierce, Rhodes, Schuelein and Smith.—5.

Excused: Clifton, Dahl, Giles, Randle and Stipe.—5.







Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor,


Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.-

Randle andExcused: Dahl, Giles, Stipe.—4.





HB 1048HB 1052 (2nd CCR), coauthored by Den

man and Kelly of the HouseHB 1062 (2nd CCR)HB 1070HB 1074HB 1123HB 1141, coauthored by Denman of the

HouseHB 1144





Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dennis, Ford, Green, Hopkins, Howell,

Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—41.

Nay: Dawson, McCune and Moore.—3.

Excused: Dahl, Giles, Randle and Stipe.—4.







Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Choate, Dahl, Giles andStipe.—4.


H B 1064 , together with the ConferenceCom m ittee Report thereon, was ordered returned to the Honorable H ouse.

812 Senate Journal


Returning following Bills, together with Conference Committee Reports thereon, advising adoption of Conference Committee Reports and passage of Measures as amended: Engrossed SBs 25, 31 ,44,51 and 52.





Senators Howell and Shedrick asked to coauthor HB 1180, which was the order.


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—45.

Excused: Dahl, Giles and Stipe.—3.




Advising rejection of CCR to Engrossed HB 1204, requesting further Conference and

naming same Conferees as follows: Lawter, Kelly and Fitzgibbon.



Senator Moore moved to rerefer HB 1123 to Conference Committee with the following instructions: To restore the stricken language on Page 1, Lines 33 through 35; and on Page 2, Line 1, to restore the words “ outside facility” and on Page 2, Lines 17 through 20 to strike all of paragraph 5, which motion was tabled upon motion of Senator Combs upon roll call as follows:

Aye: Boatner, Cain, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Luton, McDaniel, McIntyre, Miller, Porter, Randle, Roberts, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson and York.—28.

Nay: Branch, Capps, Ford, Green, Keller, Landis, Leonard, McCune, Moore, O ’Connor, Pierce, Rhodes, Rozell, Smith, Winn and Wright.— 16.

Excused: Young.—4.

Dahl, Giles, Stipe and

MOTION TO LIMIT DEBATE

Senator Luton moved to limit debate on the adoption of the CCR on HB 1123 to thirty minutes per side, which motion was declared adopted.


H B 1123 , as am ended in C onference, wasread at length.



Aye: Boatner, Cain, Cate, Choate, Clifton, Combs, Dawson, Dennis, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Luton, McCune, McDaniel, McIntyre, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson and Wright,—32.

Nay: Branch, Capps, Cullison, Ford, Howell, Landis, Leonard, Miller, Moore, Rozell, Winn and York.— 12.

Excused: Dahl, Giles, Stipe andYoung.—4.




The CCR on SB 179 was rejected upon motion of Senator Clifton; further conference requested. President Pro Tempore York naming same Senate conferees as follows: Clifton, Wright and Dennis.


Advising further Conference granted on Engrossed SB 62, and naming same House Conferees as follows: Mentzer, Hamilton and Brown.


Advising further Conference granted on Engrossed SB 54, and rereferring Bill to GCCA.


Advising further Conference granted on Engrossed SB 179, and naming same House Conferees as follows: Lewis, Harris and Leftwich.

Advising Conference granted on Engrossed SB 47, and referring Bill to GCCA.


Advising approval by him, June 15, 1983, of Enrolled SBs 18 and 19.

BILLS RELEASED

HBs 1051 and 1065, together with the CCRs thereon, were properly signed and ordered returned to the Honorable House.



Eighty-sixth Legislative DayThursday, June 16,1983

The Senate was called to order by Senator McCune.

Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Dahl, Giles, Luton andStipe.— 4.

Senator McCune declared a quorum present.




Robert C. Baker, Perkins, as a member to the Liquefied Petroleum Gas Board.

Vinita Cravens, Oklahoma City, as a member to the Capitol-Medical Center Improvement and Zoning Commission.

Raymond E. Ham, Ponca City, as a member to the Polygraph Examiners Board.

Tom L. Heggy, Oklahoma City, as Director to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.

Byron Hollander, Bethany, as a member to the State Fire Marshal Commission.

Lloyd Lentz, Guthrie, as a member to the Real Estate Commission.

Frank Maurice Martin, Seminole, as a member to the State Fire Marshal Commission.

John B. Martin, Oklahoma City, as a member to the Real Estate Commission.

J. Fred Sauls, Bartlesville, as a member to the State Board of Registration for Engineers and Land Surveyors.

Virgil W. Smith, Jr., Oklahoma City, as a member to the State Mining Board.


SJR 29 and SCR 20 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.

SBs 25, 31, 44, 51 and 52 were each correctly enrolled and after fourth reading,


properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.


Advising fourth reading of and transmitting for signature Enrolled HBs 1045,1051, 1053,1055, 1056,1057, 1058,1059, 1064, 1065, 1069, 1104, 1123, 1176, 1180, 1327 and HJR 1024.






Aye: Boatner, Capps, Choate, Combs, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pieree, Randle, Rhodes, Roberts, Rozell, Sehuelein, Shed- rick, Taliaferro, Taylor, Terrill, Winn, Wright and York.—34.

Excused: Branch, Cain, Cate, Clifton, Cullison, Dahl, Giles, Keller, Luton, Porter, Smith, Stipe, Watson and Young.— 14.


SB 2 8 , together with the ConfereneeCom m ittee Report thereon, was orderedtransmitted to the Honorable House.


Conference Committee Report was read on the following Bill:

SB 62 — 2nd CCR (eonference eommittee substitute)





Aye: Boatner, Branch, Capps, Choate, Combs, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Sehuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Winn, Wright and York.—37.

Excused: Cain, Cate, Clifton, Cullison, Dahl, Giles, Luton, Porter, Stipe, Watson and Young.— 11.




Upon motion of Senator Sehuelein, the request of the Honorable House for further Conference on HB 1204 was ordered granted. President Pro Tempore York appointing same Senate Conferees as follows: Senators Luton, Stipe and Hopkins.

Eighty-sixth Legislative Day, Thursday, June 16, 1983 817



The CCR on SB 138 was adopted upon motion of Senator Miller.



Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Sehuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright and York.— 39.

Excused: Cate, Clifton, Dahl, Giles, Luton, Porter, Stipe, Winn and Young.—9.




The CCR on SB 162 was adopted upon motion of Senator Dennis.


Senators Taylor and Howell asked to coauthor SB 162, which was the order.


Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson,

Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Rhodes, Roberts, Rozell, Sehuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—38.

Nay; Moore.— 1.

Excused: Cate, Clifton, Dahl, Giles, Luton, Porter, Randle, Stipe and Young.—9.







Aye: Boatner, Branch, Cain, Capps, Choate, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Sehuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 40.

Excused: Cate, Clifton, Dahl, Giles, Luton, Porter, Randle and Stipe.—8.


H B 1430 , together with the ConferenceC om m ittee Report thereon, was ordered returned to the Honorable H ouse.

818 Senate Journal



SB 294 (Joint Rule 17(a) suspended).





Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schue- lein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.— 42.

Excused: Cate, Dahl, Giles, Luton, Stipe and York.—6.







Aye: Boatner, Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Winn, Wright and Young.—37.

Nay: McCune, Moore, Rhodes, Smith and Watson.—5.

Excused: Cate, Dahl, Giles, Luton, Stipe and York.—6.




The 2nd CCR on SB 62 was adopted upon motion of Senator Landis.



Aye: Cain, Capps, Clifton, Combs, Cullison, Ford, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—30.

Nay: Boatner, Branch, Cate, Choate, Dennis, Green, Howell, Miller, Roberts, Rozell, Schuelein and Shedrick.— 12.

Excused: Dahl, Dawson, Giles, Luton, Stipe and York.—6.

The bill passed.




HAs to SB 294 were concurred in upon motion of Senator Howell.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Cullison, Ford, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, McDaniel, McIntyre, Miller, O’Connor, Randle, Rhodes, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Watson, Winn and Wright.—30.

Nay: Combs, Dennis, Green, Landis, McCune, Moore, Pierce, Porter, Roberts, Smith, Terrill and Young.— 12.


The bill passed.

Senators Terrill and Roberts desired to vote Aye on the emergency.








Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and Young.—42.




Senator Schuelein moved that the Senate stand recessed until the hour of 12:00 noon, which motion prevailed.


Senator Ford questioned a quorum. The Presiding Officer ordered the roll called, following which a quorum was declared present.


Senator Shedrick asked to coauthor HB 1179, which was the order.

Senator Shedrick moved that the vote be reconsidered whereby HB 1179 passed on Third Reading.

820 Senate Journal

Senator Kilpatrick moved to table the Shedrick motion, which motion was declared adopted.






Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.— 40.

Nay: Moore, Pierce and Smith.—3.

Excused: Dahl, Giles, Luton, Stipe and Winn.—5.








SB 46 (conference committee substitute)SB 299 (conference committee substitute)





Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—40.

Nay: Moore and Smith.— 2.

Excused: Dahl, Dawson, Giles, Luton, Stipe and Winn.—6.







Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins,


Howell, Johnson, Keller, Lamb, Landis, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—39.

Nay: Kilpatrick, Leonard and Pierce.— 3.

Excused: Dahl, Giles, Luton, Smith, Stipe and Winn.—6.







Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—42.

Excused: Dahl, Giles, Luton, Smith, Stipe and Winn.—6.


H B 1147 , together with the ConferenceC om m ittee Report thereon, was ordered returned to the Honorable H ouse.



MOTION TO LIM IT DEBATE

Senator Cain moved to limit debate on adoption of the CCR and on Final Passage of SB 46 to thirty minutes per side, which motion was declared adopted.




Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—41.

Nay: McIntyre, Porter and Smith.—3.

Excused: Dahl, Giles, Luton andStipe.—4.



Senator Cain moved to reconsider the vote whereby SB 46 passed on Final Passage.

Senator York moved to table the Cain motion, which motion was declared adopted.


822 Senate Journal





Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—41.


Excused: Choate, Dahl, Giles, Luton and Stipe.—5.






The CCR on SB 103 was adopted upon motion of Senator Cate.



Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 42.

Nay: Moore and Pierce.—2.

Excused: Dahl, Giles, Luton andStipe.—4.

The bill passed.



Advising rejection of CCR on Engrossed HB 1230, requesting further Conference and naming same Conferees as follows; Vaughn, Reimer and Lawter.


Returning following Bills, together with Conference Committee Reports thereon, advising adoption of Conference Committee Reports and passage of Measures as amended; Engrossed SBs 35, 97 (2nd CCR) and 172.




Senator Winn moved the adoption of the CCR on HB 1079, which motion was declared failed of adoption upon roll call as follows:


Aye: Boatner, Cate, Dennis, Ford, Green, Johnson, Lamb, McCune, Miller, O’Connor, Randle, Roberts, Rozell, Schuelein, Shedrick, Smith, Taylor and Winn.— 18.

Nay: Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Hopkins, Keller, Kilpatrick, Landis, McDaniel, McIntyre, Pierce, Porter, Rhodes, Taliaferro, Terrill, Watson, Wright, York and Young.—22.

Excused: Dahl, Dawson, Giles, Howell, Leonard, Luton, Moore and Stipe.—8.

The CCR on HB 1079 was rejected upon motion of Senator Winn; further conference requested. President Pro Tempore York naming same Senate conferees as follows: Winn, Clifton and Leonard.




Transmitting the following Bills and Resolution, together with Conference Committee Reports thereon, advising adoption of Conference Committee Reports and passage of measures as amended:

HB 1020HB 1028HB 1066HB 1142HJR 1021


Upon motion of Senator Schuelein, the request of the Honorable House for Confer

ence on HB 1179 was ordered granted. President Pro Tempore York referring same to GCCA.


Senator Schuelein asked unanimous consent to suspend Rule 5-4 and refer SR 27 and HCR 1022 direct to the Calendar when same are read the second time, which was the order.


Advising further Conference granted on Engrossed HB 1079, and naming same House Conferees as follows: Reimer, Ment- zer and Gray.

FIRST READING


SR 28 — By Clifton.A resolution commending Oliver C. Wal

ker for service and leadership in the Oklahoma State Senate; directing the Department of Transportation to designate a bridge in his honor in the City of Dale, Oklahoma; directing placement of appropriate marker; and directing distribution.

SECOND READING


SR 27 — Direct to Calendar HCR 1022 — Direct to Calendar




824 Senate Journal

SB 54 — 2nd CCR (conference committee substitute)

SB 71 (conference committee substitute), coauthored by Shedrick of the Senate.


Advising approval by him, June 15, 1983, of Enrolled SBs 33, 42, 53, 222 and 262.

BILL RELEASED



Upon motion of Senator Schuelein, the Senate adjourned at 1; 10 p.m. to meet Monday, June 20, 1983, at 1:30 p.m.

Eighty-seventh Legislative DayMonday, June 20,1983


Roll Call;

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Excused: Rhodes and Stipe.—2.


The prayer was offered by Reverend J. Harold Thompson, Carter Park Baptist Church, Del City, the guest of Senator Kilpatrick.



Linda Blankenship, Edmond, as a member to the Board of Regents of Oklahoma Colleges.

Fred Cornish, Tulsa, as a member to the State Board of Mental Health.

Marzee Douglas, Ardmore, as a member to the Human Rights Commission.

J.D. Sapp, Oklahoma City, as a member to the Real Estate Commission.


SJR 30 was correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.

SBs 35, 97, 172 and 294 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.




826 Senate Journal


JOINT LEGISLATIVE COMMITTEE ON THE BOLEY TRANSITION

Senator York announced the appointment of Senators Dawson, Landis and Young to serve on the Joint Legislative Committee on the Boley Transition to provide legislative assistance to the Boley community, along with the Governor’s office and others, in the transition of the Boley facility from the Human Services Department to the Department of Corrections.


The CCR on HB 1062 was rejected upon motion of Senator Kilpatrick; further conference requested, said bill rereferred to GCCA.


Conference Committee Reports were read on the following Bills;



SB 283SB 305 (conference committee substi

tute)





Aye: Boatner, Braneh, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl,

Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Kilpatriek, Lamb, Landis, McCune, McDaniel, Moore, O’Connor, Pieree, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—37.

Exeused: Cain, Giles, Keller, Leonard, Luton, McIntyre, Miller, Rhodes, Smith, Stipe and Terrill.— 11.


HB 1066, together with the Conferenee Committee Report thereon, was ordered returned to the Honorable House.



SB 41, as amended in Conferenee, was read at length.


Aye: Boatner, Branch, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, McCune, MeDaniel, Me- Intyre, Moore, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Sehuelein, Shedrick, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—40.

Nay: Smith.— 1.

Exeused: Cain, Keller, Luton, Miller, Rhodes, Stipe and Terrill.—7.


SB 4 1 , together with the ConferenceC om m ittee Report thereon, was orderedtransmitted to the Honorable H ouse.

r

Eighty-seventh Legislative Day, Monday, June 20, 1983 827



HB 1048, as amended in Conferenee, was read at length.


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatriek, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—43.

Excused: Giles, Miller, Rhodes, Stipe and Terrill.—5.




The 2nd CCR on HB 1052 was adopted upon motion of Senator MeDaniel.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Me- Cune, MeDaniel, Moore, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein,

Shedrick, Smith, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—43.

Exeused: Meintyre, Miller, Rhodes, Stipe and Terrill.—5.




The CCR on HB 1020 was adopted upon motion of Senator Roberts.


On the question of passage of the bill and emergency, the roll eall resulted as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatriek, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Moore, O’Connor, Pieree, Porter, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—41.

Exeused: Dahl, McIntyre, Miller, Randle, Rhodes, Stipe and Terrill.—7.



INTRODUCTIONS

Senator Roberts introduced his daughters, Jill and Allison, and asked unanimous consent, which was granted, that they be granted privileges of the floor. Also introdueed were his wife, Kathy, and his mother, Mrs. Louise Roberts.

828 Senate Journal

PENDING CONSIDERATION OE CCR




Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, Mc- Cune, McDaniel, Moore, O’Connor, Pierce, Randle, Roberts, Rozell, Schuelein, Shed- rick, Smith, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—42.

Excused: McIntyre, Miller, Porter,Rhodes, Stipe and Terrill.—6.




The CCR on HB 1142 was rejected upon motion of Senator Clifton; further conference requested. President Pro Tempore York naming same Senate conferees as follows: Clifton, Dennis and Dawson.


Senator Clifton asked unanimous consent to suspend Rule 5-4 and refer SR 28 direct to the Calendar for consideration on this date, which was the order.

GENERAL ORDER

SR 28 by Clifton was called up for consideration.

Senator Clifton moved to amend SR 28, Page 1, Line 31, by changing after the word “ hereby” and before the word “ to” on Line 32 the word “ directed” to “ requested” , which amendment was declared adopted.

SR 28 was adopted upon motion of Senator Clifton and referred for enrollment.




Advising further Conference granted on Engrossed HB 1062, and rereferring Bill to GCCA.





Aye: Boatner, Branch, Capps, Choate, Clifton, Combs, Cullison, Dennis, Ford, Green, Howell, Johnson, Landis, Leonard, McDaniel, Pierce, Rozell, Schuelein, Shed- rick, Smith, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—27.

Nay: Cain, Cate, Dahl, Dawson, Giles, Hopkins, Keller, Kilpatrick, Lamb, Luton, McCune, Moore, O’Connor, Porter, Randle and Roberts.— 16.

Excused: McIntyre, Miller, Rhodes, Stipe and Terrill.—5.

The bill passed.


Senators Randle, Roberts, Cate, Kilpatrick and Luton desired to vote Aye on the emergency.

On the question of passage of the emergency, the vote resulted as follows: Aye 32; Nay: 11; Excused: 5.







Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Moore, O’Connor, Pierce, Randle, Roberts, Rozell, Schuelein, Shed- rick, Smith, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—42.

Excused: McIntyre, Miller, Porter,Rhodes, Stipe and Terrill.—6.





Upon m otion o f Senator Schuelein , therequest o f the Honorable H ouse for further

Conference on HB 1230 was ordered granted. President Pro Tempore York appointing same Senate Conferees as follows: Senators Combs, Howell and Kilpatrick.


The CCR on SB 71 was adopted upon motion of Senator Dawson.



Aye: Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Keller, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, Moore, O’Connor, Porter, Randle, Roberts, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Watson, Winn, Wright, York and Young.—36.

Nay: Boatner, Branch, Howell. Johnson, Leonard, Pierce and Rozell.—7.

Excused: McIntyre, Miller, Rhodes, Stipe and Terrill.—5.




Advising rejection of CCR to Engrossed HB 1146, requesting Conference and naming same Conferees as follows: Johnson (Glen), Adair and Lewis.


Advising further Conference granted on Engrossed HB 1142, and naming same Conferees as follows: Lewis, Johnson (Glen) and Adair.

830 Senate Journal


Returning following Bills, together with Conference Committee Reports thereon, advising adoption of Conference Committee Reports and passage of Measures as amended: Engrossed SBs 22, 45 and 46.



The CCR on SB 299 was adopted upon motion of Senator Clifton,



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Leonard, McCune, McDaniel, Moore, O’Connor, Pierce, Randle, Roberts, Rozell, Shedrick, Smith, Taliaferro, Taylor, Watson, Winn, Wright and York.— 36.

Nay: Johnson, Landis, Luton, Schuelein and Young.—5.

Excused: Ford, McIntyre, Miller, Porter, Rhodes, Stipe and Terrill.—7.

The bill passed.


GENERAL ORDER

SCR 21 by McCune and Johnson of the Senate and Duke of the House was called up for consideration.

Senator Terrill asked to coauthor SCR 21, which was the order.

SCR 21 was adopted upon motion of Senator McCune and referred for engrossment.

GENERAL ORDER

HCR 1013 by Henry, et al, of the House and Randle and Shedrick of the Senate was called up for consideration.

HCR 1013 was adopted upon a division of the question, properly signed and ordered returned to the Honorable House.

GENERAL ORDER

SR 27 by Schuelein was called up for consideration.

SR 27 was adopted upon motion of Senator Schuelein and referred for enrollment.


HAs to SB 203 were concurred in upon motion of Senator Luton.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, Moore, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—41.

Excused: Dahl, McDaniel, McIntyre, Miller, Rhodes, Shedrick and Stipe.—7.








Aye: Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Hopkins, Howell, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, Miller, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 37.

Nay: Boatner, Branch, Ford, Green, Johnson, Landis and Moore.—7.

Excused: McDaniel, McIntyre, Rhodes and Stipe.— 4.




Advising adoption of and returning Engrossed SCR 17, coauthored by Mentzer, Fitzgibbon and Glover of the House.



A dvising fourth reading o f and returningEnrolled S B s 3 5 , 9 7 , 172 and 294 .


FIRST READING


SJR 31 — By Howell of the Senate and Haney of the House.

A joint resolution designating the Indian Chief and Thunderbird insignias of the Oklahoma Military Department as state insignias; commending the Oklahoma Military Department; and directing distribution.

SCR 22 — By Randle of the Senate and Deatherage of the House.

A concurrent resolution recalling Enrolled Senate Bill No. 51 from the Governor; and directing distribution.





Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Dawson, Giles, Johnson, Keller, Kilpatrick, Lamb, Landis, McCune, McDaniel, Moore, O ’Connor, Porter, Randle, Roberts, Schuelein, Taliaferro, Taylor, Terrill, Watson, Winn, Wright and York.—29.

Nay: Branch, Cullison, Dennis, Ford, Green, Howell, Leonard, Luton, Miller, Pierce, Rozell, Shedrick, Smith and Young.— 14.

Excused: Dahl, Hopkins, McIntyre,Rhodes and Stipe.— 5.

832 Senate Journal

The bill passed.

Senators Shedrick, Miller, Rozell and Dennis desired to vote Aye on the emergency.






Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 42.

Excused: Dahl, Hopkins, McIntyre,Rhodes, Smith and Stipe.—6.


Senator Randle asked unanimous consent, which was granted, to suspend Rule 5-4 and refer SCR 22 direct to the Calendar for consideration on this date.

GENERAL ORDER

SCR 22 by Randle of the Senate and Deatherage of the House was called up for consideration.






HB 1067HB 1072HB 1085HB 1188



Brooks, Mary J., Panhandle Eastern Corporation (addendum). Mary Brooks resigned as a lobbyist with Texaco, Inc. effective June 17, 1983.


Advisingapprovalby him, June 17, 1983, of Enrolled SBs 23, 30, 34, 39, 56, 57, 72, 212 and 217 and on June 20, 1983, of Enrolled SB 81.



Eighty-eighth Legisiative DayTuesday, June 21,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—44.

Excused: Giles, Rhodes, Stipe and Winn.





W illiam E. Beckm an, M uskogee, as amem ber to the State Board o f C orrections, to

serve a term of six years ending March 15, 1989, and effective upon Senate confirmation. Mr. Beckman will succeed himself.

J.T. “ Tom” Boyd, Bartlesville, as a member to the Will Rogers Memorial Commission, to serve a term of six years ending March 1, 1984 (unexpired term), and effective upon Senate confirmation. J.T. Boyd will succeed Sloan Childers (resigned).

Tom Dunlap, Oklahoma City, as a member to the Board of Governors of the Registered Dentists of Oklahoma, to serve a term of three years ending July 1, 1985, and effective upon Senate confirmation. Mr. Dunlap will succeed himself.

Sam Garner, Hugo, as a member to the Board of Nursing Homes, to serve a term of three years ending July 1, 1985, and effective upon Senate confirmation. Mr. Garner will succeed himself.

Lee Holcombe, Pawhuska, as a member to the State Board of Agriculture, to serve a term of five years ending April 26, 1988, and effective upon Senate confirmation. Mr. Holcombe will succeed himself.

Ken Johnston, Chickasha, as a member to the Board of Regents of the University of Science and Arts of Oklahoma, to serve a

834 Senate Journal

term of seven years ending June 30, 1990, and effective upon Senate confirmation. Ken Johnston will succeed Jack Wallace.

Becky Newlin, Elk City, as a member to the Board of Regents of Western Oklahoma State College, to serve a term of seven years ending March 24, 1990, and effective upon Senate confirmation. Mrs. Newlin will succeed Gerald Smith.

Grant Sample, Tulsa, as a member to the Employment Security Commission, to serve an unexpired term of six years ending July 2, 1985, and effective upon Senate confirmation. Mr. Sample will succeed Charles Mike Nobles (resigned).

Anthony C. Thomas, DVM, Midwest City, as a member to the Veterinary Medical Examiners Board, to serve a term of four years ending May 9, 1987, and effective upon Senate confirmation. Anthony Thomas will succeed himself.

Rick Woolery, Sapulpa, as a member to the Board of Regents of Tulsa Junior College, to serve a term of seven years ending June 30, 1990, and effective upon Senate confirmation. Mr. Woolery will succeed himself.

The following tag agents have been approved:

Janice Anderson Brad L. Bartlett Arthur L. Bell Cynthia Ann Bell Shirley F. Coffin Gus Coleman Gay Nell Colyer Robert H. Curry Virginia Densford Bettye J. Fields Mary Hardey Earl E. Henry, Jr. Cheryl Hightower Teresa Koonce

Leon Lacy Elizabeth Loftis Doris Martin Gene T. Morahan M. Patricia O’Connor Doris Parham Debbie Scott William S. Smoke Debi Thompson Ruth Wheeler Kenneth Williamson Frank R. Wilson Mari Wood


SCRs 21 and 22 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.

SBs 22, 45, 46, and 203 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.




Advising fourth reading of and transmitting for signature Enrolled HBs 1020, 1048, 1052, 1066, 1070, 1074 and 1141.






The 2nd CCR on SB 54 was rejected upon motion of Senator Terrill; further conference requested, said bill rereferred to GCCA.

Eighty-eighth Legislative Day, Tuesday, June 21, 1983 835


Advising rejection of CCR to Engrossed HB 1223 — Remove as coauthors the following: Gray, Logan, Baker, Boyd, Ross and Stottlemyre of the House — requesting further conference with instructions as follows and naming same conferees: Lawter, Henry, Kelly, Boyd and Hale.

To delete Sections 1 through 14 of the act and insert in lieu thereof a new Section 1 to read as follows:

SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3-114 of Title 40, unless there is created a duplication in numbering, reads as follows:

Benefits will be frozen at the level as of June 20, 1983.

Prior to the beginning of each calendar quarter the Commission shall prepare an estimate of the financial condition of the fund for the quarter. If the estimate for the quarter shows a balance at any time during the quarter of less than Twenty-five Million Dollars ($25,000,000.00), the Commission shall assess and collect a surcharge for that calendar quarter in an amount sufficient to keep the balance at Twenty-five Million Dollars ($25,000,000.00).

The surcharge shall be charged to each employer in proportion to the employer’s total tax liability as of the last completed quarter for the current calendar year.

Said surcharge authority shall expire July 1, 1984.

And renumber the subsequent section.





Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McDaniel, McIntyre, Miller, O ’Connor, Pierce, Randle, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright and York.—34.

Nay: Boatner, Combs, Howell, Landis, McCune, Porter, Roberts and Young.—8.

Excused: Dawson, Giles, Moore,Rhodes, Stipe and Winn.—6.



Senator Schuelein moved that the vote be reconsidered whereby SB 305 and the emergency passed.

Senator York moved to table the Schuelein motion, which motion was declared adopted.



Conference Committee Reports were read on the following Bills and Resolution.

SB 26 (conference committee substitute)SB 32 — 2nd CCR (conference commit

tee substitute)SB 40 (conference committee substitute)SB 47 (conference committee substitute)SB 65 — conferees unable to agree

836 Senate Journal

SB 176 (conference committee substitute)SB 179 — 2nd CCR (conference commit

tee substitute)SB 239 (conference committee substitute)SB 271 — 2nd CCRSB 286 (conference committee substitute)SB 320 (conference committee substitute)SB 328 (conference committee substitute)S JR 7 — conferees unable to agreePursuant to the above report and Joint

Rule 10 (g), SB 65 and SJR 7 revert to the status they occupied before being sent to Conference Committee and will remain on the Senate Calendar under “ House Amendments to Senate Bills” .


Upon motion of Senator Schuelein, the request of the Honorable House for further Conference on HB 1146 was ordered granted, President Pro Tempore York appointing same Senate Conferees as follows; Senators York, Smith and Clifton.


FOURTH READING



Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—40.

Excused: Dawson, Giles, McIntyre, Porter, Randle, Rhodes, Stipe and Winn.—8.



Pursuant to Rule 12-24 Senator Terrill moved that the vote be reconsidered whereby SB 55 passed.





Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, Miller, O ’Connor, Porter, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—36.

Nay: Keller, McCune, Moore, Pierce and Smith.—5.

Excused: Dawson, Giles, McIntyre, Randle, Rhodes, Stipe and Winn.—7.








Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O ’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—41.

Excused: Dawson, Ford, Giles, McIntyre, Rhodes, Stipe and Winn.—7.



MESSAGE FROM THE HOUSE HAs TO SENATE BILLS


SB 209, coauthored by Davis (Porter) of the House.



HB 1393





Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, York and Young.—39.


Excused: Choate, Dawson, Giles. McIntyre, Rhodes, Stipe and Winn.—7.







Aye: Boatner, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Watson, York and Young.—37.

Nay: Pierce, Smith, Terrill and Wright.

Excused: Branch, Dawson, Giles, McIntyre, Rhodes, Stipe and Winn.—7.

838 Senate Journal



Advising further Conference granted on Engrossed SB 54, and rereferring Bill to GCCA.








Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Porter, Roberts, Rozell, Schuelein, Shedrick, Smith, Taylor, Terrill, Watson, Wright, York and Young.— 39.

Excused: Dawson, Dennis, Giles, McIntyre, Randle, Rhodes, Stipe, Taliaferro and Winn.—9.


The bill and em ergency passed.SB 40, together with the Conference

Committee Report thereon, was ordered transmitted to the Honorable House.





Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—38.

Nay: Dahl, Lamb, Landis, Moore and Pierce.—5.

Excused: Dawson, Giles, Rhodes, Stipe and Winn.—5.




The 2nd CCR on SB 320 was adopted upon motion of Senator McDaniel.





Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—42.

Nay: Smith.— 1.

Excused: Dawson, Giles, Rhodes, Stipe and Winn.—5.







Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—42.

Excused: Dawson, Giles, Porter, Rhodes, Stipe and Winn.—6.


SB 4 7 , together with the ConferenceC om m ittee Report thereon, was orderedtransmitted to the Honorable House.


Advising fourth reading of and returning Enrolled SBs 22, 45, 46 and 203.









Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—40.

Excused: Dawson, Giles, Howell, Porter, Randle, Rhodes, Stipe and Winn.—8.




The C C R on SB 286 was adopted uponm otion o f Senator Cate.

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Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—42.

Excused: Dawson, Giles, Randle, Rhodes, Stipe and Winn.—6.

The bill passed.


PENDING CONSIDERATION OE CCR




Aye: Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Leonard, Luton, McCune, McDaniel, McIntyre, Moore, O’Connor, Pierce, Randle, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson and Wright.—30.

Nay: Boatner, Branch, Dahl, Dennis, Lamb, Landis, Miller, Porter, Roberts, Rozell and Young.— 11.

Excused: Dawson, Giles, Rhodes, Smith, Stipe, Winn and York.—7.

Senators Landis and Lamb desired to vote Aye on the emergency.





Upon motion of Senator Schuelein, the request of the Honorable House for further Conference on HB 1223 was ordered granted. President Pro Tempore York appointing as Senate Conferees the following: Senators Stipe, Hopkins, Wright, Cain and Dawson.




HB1188, as amended in Conference, was read at length.


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Porter, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright and Young.—39.

The bill passed.


Excused: Dawson, Giles, McDaniel, Pierce, Randle, Rhodes, Stipe, Winn and York.—9.







Aye: Boatner, Branch, Cain, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, McCune, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—39.

Nay: Capps and Leonard.—2.

Excused: Dawson, Giles, Luton, Randle, Rhodes, Stipe and Winn.—7.




Advising rejection of 2nd CCR to Engrossed HB 1223, requesting further Conference and naming same Conferees as follows: Lawter, Henry, Kelly, Boyd and Hale.


Returning following Bills, together with Conference Committee Reports thereon, advising adoption of Conference Committee Reports and passage of Measures as amended: Engrossed SBs 138, 224 and 274.




HB 1068 (2nd CCR)HB 1090HB 1212HB 1230 (2nd CCR)HB 1286, coauthored by Gordon of the

House.HB 1328HB 1367


The 2nd CCR on SB 179 was adopted upon motion of Senator Clifton.



Aye: Branch, Cain, Capps, Clifton, Combs, Dennis, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McIntyre, O’Connor, Randle, Roberts, Rozell, Schuelein, Shedrick. Taylor, Wright and York.—25.

842 Senate Journal

Nay: Boatner, Choate, Cullison, Dahl, Ford, Green, McCune, Miller, Moore, Pierce, Porter, Taliaferro, Terrill, Watson and Young.— 15.

Excused: Cate, Dawson, Giles, McDaniel, Rhodes, Smith, Stipe and Winn.—8.

The bill passed.



Advising adoption of and returning Engrossed SCR 20, coauthored by Duckett of the House.



The 2nd CCR on SB 32 was adopted upon motion of Senator Shedrick.




Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—40.

Excused: Dahl, Dawson, Giles, Pierce, Randle, Rhodes, Stipe and Winn.—8.



GENERAL ORDER

SR 13 by Johnson was called up for consideration.

SR 13 was adopted upon motion of Senator Johnson upon roll call as follows:

Aye: Boatner, Branch, Capps, Choate, Clifton, Combs, Cullison, Dahl, Ford, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rozell, Schuelein, Taliaferro, Taylor and Wright.—29.

Nay: Cate, Dawson, Dennis, Howell, McCune, McIntyre, Porter, Roberts, Smith, Terrill, Watson and Young.— 12.

Excused: Cain, Giles, Rhodes, Shedrick, Stipe, Winn and York.—7.



Upon motion of Senator Schuelein, the request of the Honorable House for further Conference on HB 1223 was ordered granted. President Pro Tempore York appointing same Senate Conferees as follows: Senators Stipe, Hopkins, Wright, Cain and Dawson.


The 2nd CCR on SB 271 was adopted upon motion of Senator Terrill.





Aye: Boatner, Branch, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Porter, Roberts, Rozell, Schuelein, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—37.

Nay: Landis and Pierce.—2.

Excused: Cain, Ford, Giles, McDaniel, Randle, Rhodes, Shedrick, Stipe and Winn.—9.




The CCR on HB 1028 was rejected upon motion of Senator Taliaferro; further conference requested. President Pro Tempore York naming same Senate conferees as follows: Taliaferro, Branch and Kilpatrick.


The 2nd CCR on HB 1230 was adopted upon motion of Senator Combs.



Aye: Branch, Cain, Capps, Cate, Choate,C lifton, C om bs, C ullison, D ahl, D aw son,

Dennis, Green, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—39.

Nay: Boatner, Johnson and McCune.—3.

Excused: Ford, Giles, Rhodes, Smith, Stipe and Winn.—6.

The bill passed.



Advising further Conference granted on Engrossed HB 1028, and naming same House Conferees as follows: Mentzer, Duke and Lewis.


Returning following Bills, together with Conference Committee Reports thereon, advising adoption of Conference Committee Reports and passage of Measures as amended: Engrossed SBs 62 (2nd CCR), 71, 103, 148, 206, 250 and 302.

The above numbered bills, as amended in Conference, were referred for enrollment.



844 Senate Journal

HB 1062 (3rd CCR) HB 1146 (2nd CCR) HB 1179, coauthored

House.

SECOND READING

by Duke of the


SJR 31 — General Government

FIRST READING


SR 29 — By Schuelein and Johnson.A resolution expressing the intent of the

Oklahoma State Senate that the existing statutes on disposal of litter and other refuse be observed and enforced; encouraging boards of county commissioners to create county

reward fund for the purpose of aiding in the arrest and conviction of those illegally dumping trash; requesting administrators of correctional facilities and the courts to require offenders to pick up litter along public streets and highways; requesting the Department of Transportation to place signs along highways of this state; and directing distribution.

BILL RELEASED


Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday, June 22, 1983, at l;30p.m ., which motion prevailed.


Eighty-ninth Legisiative DayWednesday, June 22,1983

The Senate was called to order by Senator Combs.

Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—46.

Excused: Giles and Winn.—2.

Senator Combs declared a quorum present.



SBs 28, 41, 62, 64, 71, 103, 138, 148, 206, 223, 224, 250, 274, 299 and 302 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.




Advising fourth reading of and transmitting for signature enrolled HBs 1067, 1072, 1085, 1188, 1230 and 1393.




SB 36 (conference committee substitute) SB 54 — 3rd CCR (conference commit

tee substitute)SB 117 — 2nd CCR SB 297


Senator Schuelein asked unanimous consent, which was granted, to suspend Rule 5-4

846 Senate Journal

and refer SR 29 direct to the Calendar for consideration on this date.

GENERAL ORDER

SR 29 by Schuelein and Johnson was called up for consideration.

Senators Rozell and Capps asked to coauthor SR 29, which was the order.

SR 29 was adopted upon motion of Senator Schuelein and referred for enrollment.


HAs to SB 209 were concurred in upon motion of Senator Hopkins.



Aye: Branch, Capps, Combs, Cullison, Dahl, Green, Hopkins, Johnson, Keller, Lamb, Luton, Moore, Pierce, Rhodes, Rozell, Schuelein, Smith, Taliaferro, Taylor, Terrill and Wright.—21.

Nay: Boatner, Cain, Choate, Dawson, Dennis, Ford, Howell, Landis, Leonard, McCune, Miller, O ’Connor, Porter, Roberts, Stipe, Watson and Young.— 17.

Excused: Cate, Clifton, Giles, Kilpatrick, McDaniel, McIntyre, Randle, Shedrick, Winn and York.— 10.

The bill failed.


Pursuant to Rule 12-24 Senator Hopkins moved that the vote be reconsidered whereby SB 209 failed.


The 3rd CCR on SB 54 was adopted upon motion of Senator Terrill.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—44.

Excused: Clifton, Giles, Kilpatrick and Winn.—4.



GENERAL ORDER

HB 1433 by Anderson and Stottlemyre of the House and Stipe of the Senate was called up for consideration.


THIRD READING



Eighty-ninth Legislative Day, Wednesday, June 22, 1983 847

Aye: Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—39.

Nay: Boatner, Johnson, Keller, Moore and Smith.—5.

Excused: Clifton, Giles, Rhodes and Winn.-





Robert C. Baker, Perkins, as a member to the Liquefied Petroleum Gas Board, to serve a term of four years ending June 30, 1986, and effective upon Senate confirmation. Mr. Baker will succeed himself.

Bob Berkemeyer, Adair, as a member to the Oklahoma Pecan Commission, to serve an unexpired term of three years ending July 1, 1984, and effective upon Senate confirmation. Bob Berkemeyer will succeed Kenton Knorpp.

Linda Blankenship, Edmond, as a member to the Board of Regents of Oklahoma Colleges, to serve a term of nine years ending June 10, 1992, and effective upon Senate confirmation. Linda Blankenship will succeed Ed Livermore.

Jerry Curtis Cook, Tahlequah, as a member to the Motor Vehicle Commission, to serve an unexpired term of six years ending

June 30, 1985, and effective upon Senate confirmation. Mr. Cook will succeed Bill Doenges.

Fred Cornish, Tulsa, as a member to the State Board of Mental Health, to serve a term of seven years ending December 31, 1989, and effective upon Senate confirmation. Mr. Cornish will succeed himself.

Vinita Giles Cravens, Oklahoma City, as a member to the Capitol-Medical Center Improvement and Zoning Commission, to serve a term of three years ending January 31, 1986, and effective upon Senate confirmation. Mrs. Cravens will succeed Rev. Carter (deceased).

Marzee Douglass, Ardmore, as a member to the Human Rights Commission, to serve a term of three years ending July 15, 1985, and effective upon Senate confirmation. Mr. Douglass will succeed himself.

Raymond E. Ham, Ponca City, as a member to the Polygraph Examiners Board, to serve a term of six years ending May 17, 1989, and effective upon Senate confirmation. Mr. Ham will succeed B.G. Jones.

Tom L. Heggy, Oklahoma City, as Director to the State Bureau of Narcotics and Dangerous Drugs Control, to serve a term coterminous with that of the Office of Governor, and effective upon Senate confirmation. Mr. Heggy will succeed himself.

Byron Hollander, Bethany, as a member to the State Fire Marshal Commission, to serve an unexpired term of five years ending July 1, 1985, and effective upon Senate confirmation. Byron Hollander will succeed J.A. Duggan (deceased).

Lloyd Lentz, Guthrie, as a member to the Real Estate Commission, to serve a term of three years ending July 1, 1986, and effective upon Senate confirmation. Mr. Lentz will succeed himself.

848 Senate Journal

Frank Maurice Martin, Seminole, as a member to the Fire Marshal Commission, to serve a term of five years ending July 1, 1987, and effective upon Senate confirmation. Maurice Martin will succeed Jack Hal- tom.

John B. Martin, Jr., Oklahoma City, as a member to the Real Estate Commission, to serve a term of three years ending July 1, 1985, and effective upon Senate confirmation. Mr. Martin will succeed himself.

J.D. Sapp, Oklahoma City, as a member to the Real Estate Commission to serve a term of three years ending July 1, 1986, and effective upon Senate confirmation. Mr. Sapp will succeed himself.

J. Fred Sauls, Bartlesville, as a member to the State Board of Registration for Engineers and Land Surveyors, to serve a term of six years ending June 28, 1989, and effective upon Senate confirmation. Mr. Sauls will succeed himself.

Virgil W. Smith, Jr., Oklahoma City, as a member to the State Mining Board, to serve a term of four years ending April 19, 1986, and effective upon Senate confirmation. Virgil Smith will serve in a new position per SB 609.


Senator Miller moved the adoption of the Committee Reports on Executive Nominations, shown above and on Pages 833 and 834, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright and Young.

Excused: Clifton, Giles, Winn and Y o rk .^ .

GENERAL ORDER

SR 5 by Leonard, et al, of the Senate was called up for consideration.

SR 5 was adopted upon motion of Senator Leonard, referred for enrollment, and read at length, as follows:

SR 5 — By Leonard, Stipe, Dahl, Schuelein, Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.

A resolution praising the life and accomplishments of Leon B. Field; expressing deep sorrow upon his death; extending condolences; making a permanent record; and directing distribution.

WHEREAS, the greatness of Oklahoma is founded upon the contributions of dedicated public servants who work to improve the quality of government; and

WHEREAS, Leon B. Field was bom in St. Augustine County, Texas, moved to Grady County, Oklahoma, and graduated from Chickasha High School in 1920; and

WHEREAS, Leon B. Field received a bachelor’s degree at Panhandle A & M College in 1931 and, at the same time, taught industrial arts and coached football, baseball, basketball and track, having led his Texhoma, Oklahoma, football team to three High Plains Championships during his career; and

WHEREAS, Leon B. Field served as superintendent of schools in Texhoma,


Oklahoma, for six years prior to beginning a lifelong career in the insurance business in 1941; and

WHEREAS, Leon B. Field embarked upon a 36-year career in public service in 1943, when he was appointed by then Governor Robert S. Kerr to the State Board of Agriculture, a position he held with distinction for three years and an interest he would maintain with fervor throughout his legislative career; and

WHEREAS, Leon B. Field was first elected to represent his district at the Oklahoma Legislature in 1946, where he served for four years as a member of the House of Representatives and was designated Assistant Majority Leader by his colleagues during the 2nd Session of the 22nd Legislature; and

WHEREAS, Leon B. Field began his longest and most notable phase of public service in 1950 when he was elected to the Oklahoma State Senate, where he served with honor and distinction as Assistant Majority Leader in 1953 and Majority Leader in 1961 and 1965, as chairman of the Senate Wildlife Committee, Soil and Water Conservation Committee and Agriculture Committee and as a member of the Senate Committees on Common Education, Roads and Highways, Rules, and Oil, Gas and Energy; and

WHEREAS, Leon B. Field tirelessly and vigorously represented his district — the largest senatorial district in Oklahoma, containing 9,480 square miles, five full counties and portions of three other counties — and tried to help all who called on him regardless of political affiliation; and

WHEREAS, Leon B. Field, an outstanding and responsive legislator, was regarded as a “ Champion of Education” , having devoted considerable efforts to the passage of legislation prohibiting the closing of the

state’s smaller schools due to low average daily attendance levels; and

WHEREAS, Leon B. Field was instrumental in the passage of the Agricultural Code, the Wildlife Commission Code and the Insurance Code, having chaired the Insurance Committee during Insurance Code deliberations; and

WHEREAS, Leon B. Field, affectionately referred to as “ Dean” of the Oklahoma State Senate, was honored by his Senate colleagues in the 37th Legislature for the longest continuous record of service in the history of the Oklahoma Legislature; and

WHEREAS, Leon B. Field simultaneously maintained a high level of involvement in his community where he served on the Trustee and Church Administrative Boards of the Texhoma United Methodist Church, was past president of the Texhoma Chamber of Commerce, and was a member of Rotary, Shrine Consistory and Blue Lodge; and



THAT the Oklahoma State Senate sincerely praises the life, dedicated public service and accomplishments of Leon B. Field, and expresses deep sorrow upon his death.


THAT a copy of this resolution be spread upon the pages of the permanent journal of the Oklahoma State Senate of the 1st Session of the 39th Oklahoma Legislature as a permanent record of the lasting and unanimous expression of the Oklahoma State Senate.

850 Senate Journal

THAT copies of this resolution be dispatched to the family of Leon B. Field.

GENERAL ORDER

SR 23 by Leonard was called up for consideration,

SR 23 was adopted upon motion of Senator Leonard and referred for enrollment.


The CCR on HB 1156 was adopted upon motion of Senator Stipe.



Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—44.

Nay: Schuelein.— 1.

Excused: Clifton, Giles and Winn.—3.

The bill and emergency passed.HB 1156, together with the Conference

Committee Report thereon, was ordered returned to the Honorable House.





Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—45.

Excused: Clifton, Giles and Winn.—3.



GENERAL ORDER

HCR 1022 by Duckett, et al, of the House and Lamb of the Senate was called up for consideration.

HCR 1022 was adopted upon motion of Senator Lamb, properly signed and ordered returned to the Honorable House.


The CCR on HB 1212 was adopted upon motion of Senator Landis.



Aye: Boatner, Branch, Cain, Capps, Cate, Combs, Cullison, Dahl, Dennis, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Luton, McDaniel, McIntyre, O’Connor, Porter, Randle, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, York and Young.—31.


Nay: Choate, Dawson, Ford, Green, Keller, Leonard, McCune, Miller, Moore, Pierce, Rhodes, Smith and Wright.— 13.

Excused: Clifton, Giles, Stipe andWinn.— 4.

The bill passed.






Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, York and Young.—40.


Excused: Clifton, Giles, McDaniel, Stipe and Winn.—5.




The 3rd CCR on HB 1062 was adopted upon motion of Senator Kilpatrick.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright and Young.—43.

Excused: Clifton, Giles, Stipe, Winn and York.—5.




The 2nd CCR on HB 1068 was adopted upon motion of Senator Cain.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—44.

Excused: C lifton, G iles, Stipe andW inn.— 4.

852 Senate Journal




Returning following Bills, together with Conference Committee Reports thereon, advising adoption of Conference Committee Reports and passage of Measures as amended: Engrossed SBs 26, 32 (2nd CCR), 40, 47, 55 and 328.

The above numbered bills, as amended in Conference, were referred for enrollment.




Senators Taylor and Howell asked to coauthor HB 1179, which was the order.


Aye; Boatner, Branch, Cain, Capps, Cate, Choate, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—44.

Excused: Clifton,. Giles, Porter and Winn.—4.




Advising fourth reading of and returning Enrolled SBs 28, 41, 62, 64, 71, 103, 138, 148, 206, 223, 224, 250, 274, 299 and 302.



Transmitting herewith Enrolled HB 1327, together with the Governor’s Veto Message thereon, and advising that under the provisions of Section 11, Article VI, of the Constitution of the State of Oklahoma, the House has reconsidered and passed said Bill over the Governor’s Veto by a two-thirds vote of all Members elected to and constituting the House, said vote being as follows: 71 Ayes, 24 Nays.

PENDING SENATE ACTION —VETO OVERRIDE ON HB 1327

The following Veto Message of the Governor on Enrolled HB 1327 was read as follows;

This is to advise you that on this date, I have vetoed: Enrolled HB 1327, by Talley of the House and Watson of the Senate.

An Act relating to public finance; establishing procedures for certain block grants;

I vetoed Enrolled HB 1327 for a variety of reasons.

First, this appears to be an unwarranted, unnecessary restriction on the state executive departments’ ability to capitalize on all available federal funds.

Second, the federal budget year is different from the state budget year, and this causes difficulty in anticipating when federal funds would be available. Under this bill’s


concept, the state could lose available federal funds because the Legislature might not be in session when such funds become available.

Third, the federal government has operated without clear year to year budgets .Congress makes federal funds available without the necessary advance notice for the state to respond under the terms of this measure.

Fourth, the executive branch should be the state’s initial authority in dealing with the federal government. This bill advances a theory that would remove the Governor and the executive branch of government from this process.

Fifth, the Governor’s proposed budget annually to the Legislature presents federal funding and program information to the Legislature for its consideration and amendment.

Governor of the State of Oklahoma /s/George Nigh

Senator Watson moved that HB 1327 become law notwithstanding the veto of the Governor, which motion was declared failed of adoption upon roll call as follows;

Aye: Cain, Capps, Choate, Clifton, Dawson, Ford, Green, Keller, Luton, McCune, McIntyre, Moore, O’Connor, Pierce, Porter, Randle, Rhodes, Schuelein, Shedrick, Smith, Taliaferro, Terrill, Watson, Wright and York.—25.

Nay: Boatner, Branch, Cate, Combs, Cullison, Dahl, Dennis, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Leonard, McDaniel, Miller, Roberts, Rozell, Stipe, Taylor and Young.—21.

Excused: G iles and W inn.— 2.



HB 1118HB 1416HB 1419


The CCR on SB 239 was adopted upon motion of Senator Dennis.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McIntyre, Miller, Moore, O ’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson and Young.—40.

Nay: Landis and Wright.—2.

Excused: Ford, Giles, McDaniel, Pierce, Winn and York.—6.

The bill passed.

Senator Wright desired to vote Aye on the emergency.

On the question of passage of the emergency, the vote resulted as follows; Aye: 41; Nay: 1; Excused: 6.

854 Senate Journal





The CCR on HB 1118 was adopted upon motion of Senator Dennis.



Aye: Boatner, Branch, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, O’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Schuelein, Smith, Taylor, Terrill, Watson, Wright and York.—36.

Nay: Cain, Dawson, Landis, Moore, Ro- zell, Shedrick, Stipe, Taliaferro and Young.—9.

Excused: Ford, Giles and Winn.—3.

The bill passed.


PENDING SENATE ACTION —VETO OVERRIDE ON SB 237

Senator Luton moved that SB 237 become law notwithstanding the veto of the Governor, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl,

Dawson, Dennis, Ford, Green, Hopkins, Howell, Keller, Kilpatriek, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taylor, Terrill, Wright, York and Young.—39.

Nay: Cain, Johnson, Lamb, Landis, Taliaferro and Watson.—6.


Not Voting: O’Connor.— 1.

*Senator O’Connor asked to be shown not voting on SB 237 for reason of personal interest, as provided in Article V, Section 24, Oklahoma Constitution.

In accordance with Article VI, Section 12, Oklahoma Constitution, SB 237, together with the Governor’s Veto Message thereon, was transmitted to the Honorable House.





Aye: Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—43.

Nay: Boatner.— 1.

Excused: G iles,W inn.— 4.

Luton, O’Connor and

r





The CCR on H JR 1021 was adopted upon motion of Senator' Randle.

HJR 1021, as amended in Conference, was read at length as follows:

CCS for HJR 1021 — By McCorkell and Denman of the House and Randle of the Senate.

A joint resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 9A of Article X of the Constitution of the State of Oklahoma; providing for procedures for levying and repealing ad valorem tax for county departments of health; increasing maximum amount of levy; authorizing counties to join with other political subdivisions to maintain departments of health; allowing other levies and public funds to be used for departments of health; providing ballot title; directing filing; and ordering a special election.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 1ST SESSION OF THE 39TH OKLAHOMA LEGISLATURE:

SECTION 1. The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Section 9 A of Article X of the Constitution of the State of Oklahoma to read as follows:

Section 9A. For the purpose of maintaining or aiding in maintaining a department of health within any county of the State, an additional levy not to exceed [two and one- half] FIVE mills on the dollar of the assessed

valuation of the county may be levied annually, when such levy is approved by a majority of the qualified ad valorem tax paying voters of the county, voting on the question at an election called for such purpose by the Board of County Commissioners, or by initiative petition by voters of a county. A maximum levy of [two and one- half] FIVE mills may be made for such purpose after such approval until repealed by a majority of the qualified ad valorem tax paying voters of the county, voting on the question at an election called for such purpose by the Board of County Commissioners, or by initiative petition by voters of a county. Such department of health may be maintained jointly or in conjunction with one or more counties, cities, towns or school districts, or any combination thereof, and shall be maintained as now or hereafter provided by law. Nothing herein shall prohibit other levies or the use of other public funds for such department of health.


BALLOT TITLE




amending Section 9A of Article X of the Constitution of the State of Oklahoma which provides for ad valorem taxation for county departments of health; increasing amount of millage from two and one-half mills to five mills; requiring voter approval; providing for termination of the tax levy; authorizing counties to join with other political subdivisions to maintain departments of

856 Senate Journal

health; allowing other levies or publicfunds to be used for departments ofhealth





SECTION 3. The Chief Clerk of the House of Representatives shall, immediately after the effective date of this resolution, prepare and file one copy thereof, including the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General.

SECTION 4. A special election is hereby ordered to be held throughout the State of Oklahoma on the date of the next statewide primary election or special election, whichever occurs first, at which time the proposed amendment to the Constitution of the State of Oklahoma, as set forth in SECTION 1 of this resolution, shall be submitted to the people of Oklahoma for their approval or rejection as and in the manner provided by law.


Aye: Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dennis, Hopkins, Howell, Kilpatrick, Lamb, Leonard, Luton, O’Connor, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, Watson, Wright and York.—27.

Nay: Boatner, Branch, Choate, Dawson, Ford, Green, Johnson, Keller, Landis, Mc- Cune, McDaniel, Miller, Moore, Pierce, Smith, Stipe and Young.— 17.

Excused: G iles , M cIntyre, Porter andW inn.— 4.


The question being, “ Shall H JR 1021, be ordered referred by the Legislature for approval or rejection at a Special Election, as provided in Section 1, Article 24, of the Constitution of Oklahoma, to be held throughout the State of Oklahoma on the date of the next statewide primary election or special election, whichever occurs first, as provided in Section 4 of said Resolution?’’

The roll was ordered called and resulted as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dennis, Hopkins, Howell, Johnson, Kilpatrick, Lamb, Landis, Luton, McDaniel, Miller, O’Connor, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Wright and York.—32.

Nay: Choate, Dawson, Ford, Green, Keller, Leonard, McCune, Moore, Pierce, Smith, Watson and Young.— 12.

Excused: Giles, McIntyre, Porter and Winn.—4.

The Presiding Officer, in open session, declared that a constitutional two-thirds majority of the members elected to and constituting the Senate had voted in favor of calling the Special Election.

HJR 1021, together with the Conference Committee Report thereon, was ordered returned to the Honorable House.


Senator Hopkins moved to reconsider the vote whereby SB 209 failed on Final Passage, which motion was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Clifton, Combs, Cullison, Dahl, Dennis, Green,

Eighty-ninth Legislative Day, Wednesday, June 22,1983 857

Hopkins, Howell, Kilpatrick, Lamb, Luton, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Smith, Stipe, Taliaferro, Taylor, Terrill, Wright, York and Young.—32.

Nay: Cate, Dawson, Ford, Johnson, Keller, Landis, Leonard, McCune, Schuelein and Watson.— 10.

Excused: Choate, Giles, McIntyre, Porter, Shedrick and Winn.—6 .

FOURTH READING


Aye: Branch, Cain, Capps, Choate, Clifton, Combs, Cullison, Dahl, Dennis, Green, Hopkins, Kilpatrick, Lamb, Luton, McDaniel, Moore, O’Connor, Pierce, Rhodes, Roberts, Rozell, Schuelein, Smith, Stipe, Taliaferro, Taylor, Terrill, Wright and Young.—29.

Nay: Boatner, Cate, Dawson, Ford, Howell, Johnson, Keller, Landis, Leonard, McCune, Miller and Watson.— 12.

Excused: Giles, McIntyre, Porter, Randle, Shedrick, Winn and York.—7.

The bill passed.

Senators Miller, Boatner, Randle and Landis desired to vote Aye on the emergency.

On the passage of the emergency, the vote resulted as follows: Aye: 33; Nay: 9; Excused: 6.


H ouse am endm ents were properly signedand the above-num bered bill w as referred forenrollm ent.


The 2nd CCR on SB 117 was adopted upon motion of Senator Howell.


On the question of passage of the bill and emergency, the roll cdl resulted as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright and Young.-—44.

Excused: Giles, Porter, Winn andYork.—4.



COMMITTEE REPORT

The following was reported by the committee named and placed on the calendar:

DO PASS:

SCR 18 — General Government

GENERAL ORDER

SCR 18 by Howell of the Senate and Monks of the House was called up for consideration.

SCR 18 was adopted upon motion of Senator Howell and referred for engrossment.

858 Senate Journal





Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Keller, Lamb, Leonard, Luton, McDaniel, McIntyre, Miller, O’Connor, Randle, Rhodes, Roberts, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright and Young.—36.

Nay: Johnson, Kilpatrick, Landis, Mc- Cune, Moore, Pierce and Rozell.—7.

Excused: Giles, Howell, Porter, Winn and York.—5.




The 2nd CCR on HB 1146 was adopted upon motion of Senator Smith.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor,

Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright and Young.—43.

Excused: Giles, Howell, Porter, Winn and York.—5.







Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—44.

Excused: Giles, McIntyre, Porter and Winn.— 4.



FIRST READING



SCR 23 — By Randle of the Senate and Williams (Penny) of the House.

A concurrent resolution expressing legislative intent of allocating certain portion of state ceiling of qualified mortgage bonds to the Tulsa County Home Finance Authority and the Oklahoma County Housing Agency; that remainder of such state ceiling shall be allocated to the Oklahoma Housing Finance Agency; that qualified mortgage bonds may be issued; that qualified mortgage bonds may be acceptable collateral for state funds; and directing distribution.

SCR 24 — By Randle of the Senate and Deatherage of the House.

A concurrent resolution stating legislative intent concerning the utilization of certain funds appropriated to the Oklahoma State Regents for Higher Education; and directing distribution.


Senator Randle asked unanimous consent to suspend Rule 5-4 and refer SCRs 23 and 24 direct to the Calendar for consideration on this date, which was the order.

GENERAL ORDER

SCR 24 by Randle of the Senate and Deatherage of the House was called up for consideration.

Senators Howell and Shedrick asked to coauthor SCR 24, which was the order.

SCR 24 was adopted upon motion of Senator Shedrick and referred for engrossment.



The C C R on H B 1367 was adopted uponm otion o f Senator H ow ell.

FOURTH READING

Senator Howell asked unanimous consent, which was granted, that HB 1367 be laid over temporarily.


The CCR on SB 297 was adopted uoor motion of Senator Terrill.



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright and Young.^ 4 2 .

Excused: Ford, Giles, McIntyre, Porter, Winn and York.—6.




Advising fourth reading of and transmitting for signature Enrolled HBs 1062, 1068, 1156, 1212 and 1433.




860 Senate Journal


GENERAL ORDER

SCR 23 by Randle of the Senate and Williams (Penny) of the House was called up for consideration.

Senator Randle moved to amend SCR 23, by striking the words and figures “ Fifty Million Dollars ($50,000,000.00)” and substituting the words and figures “ Thirty-five Million Dollars ($35,(XX),(X)0.(K))” on Page 1, Line 36 and Page 2, Lines 2 and 3, and by changing the words and figures “ One Hundred Million Dollars ($100,000,(XX).00)” to read “ Seventy Million Dollars ($70,000,000.00)” on Page 2, Lines 7 and 8, which amendment was declared adopted.




The above numbered Enrolled Resolution was referred to the Seeretary of State.

FOURTH READING



Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Dahl, Dennis, Ford, Green, Hopkins, Howell, Kilpatrick, Lamb, Landis, Leonard, McCune, McDaniel, McIntyre, Moore, Pierce, Randle, Rhodes, Roberts, Schuelein, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—35.

Nay: Cullison, Dawson, Johnson, Keller, Luton, Miller, O ’Connor, Rozell, Shedrick and Stipe.— 10.

Excused: Giles, Porter and Winn.—3.




SBs 26,40,55 and 328 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.

SRs 5, 23 and 29 were each correctly enrolled, properly signed and ordered transmitted to the Secretary of State.





Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dahl, Dennis, Hopkins, Howell, Keller, Kilpatrick, Lamb, Landis, Leonard, McDaniel, McIntyre, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Stipe, Taliaferro, Taylor, Watson, Wright, York and Young.—34.

Nay: Dawson, Green, Johnson, Luton, McCune, Miller, Shedrick, Smith and Terrill.—9.

Excused: Choate, Ford, Giles, Porter and Winn.—5.





The Senate reassembled in its Chamber with Senator Cullison presiding. Senator Stipe questioned a quorum. The Presiding Officer ordered the roll called, following which a quorum was declared present.


Transmitting the following Bills, together with Conference Committee Reports thereon, advising adoption of Conferenee Committee Reports and passage of measures as amended:

HB 1223 (3rd CCR), coauthored by Ross, Baker, Logan and Boyd of the House

HB 1292 HB 1353


The 3rd CCR on HB 1223 was called up for consideration.


Senator Schuelein moved to limit debate on the adoption of the CCR on HB 1223, Fourth Reading and Final Passage and the Emergency, which motion was declared adopted.

Senator O ’Connor raised a point or orderand requested a ruling o f the Chair on H B

1223 as being in conflict with the provisions of Article V, Section 33 of the Oklahoma Constitution which states in part that a revenue-raising measure cannot be passed by the Legislature in the last 5 days of Session.

The Chair ruled that HB 1223 was not a revenue-raising bill.

Senator O’Connor moved to appeal the ruling of the Chair.

The ruling of the Chair was sustained upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Clifton, Combs, Cullison, Dawson, Dennis, Hopkins, Johnson, Kilpatrick, Luton, McDaniel, McIntyre, Miller, Porter, Randle, Rozell, Schuelein, Shedrick, Stipe, Terrill, York and Young.—26.

Nay: Choate, Ford, Green, Howell, Keller, Lamb, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Smith, Watson and Wright.— 15.

Excused: Dahl, Giles, Landis, Roberts, Taliaferro, Taylor and Winn.—7.

The Chair advised that Senator Roberts, having been present in the Chamber during the vote to appeal the ruling of the Chair, would be shown voting “ Nay” in compliance with Rule 14-lB. The vote thereby resulted as follows: Aye: 26; Nay: 16; Excused: 6.


The 3rd CCR on HB 1223 was adopted upon motion of Senator Stipe.



862 Senate Journal

Aye: Cain, Cate, Clifton, Combs, Culli- son, Dahl, Dawson, Dennis, Hopkins, Howell, Kilpatrick, Luton, McDaniel, McIntyre, Miller, Porter, Randle, Roberts, Rozell, Schuelein, Stipe, Taliaferro, Taylor, Terrill, Wright, York and Young.—27.

Nay: Boatner, Branch, Capps, Choate, Ford, Green, Johnson, Keller, Lamb, Landis, Leonard, McCune, Moore, O’Connor, Pierce, Rhodes, Shedrick, Smith and Watson.— 19.


The bill passed.


Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Hopkins, Howell, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Wright, York and Young.— 36.

Nay: Ford, Green, Johnson, Keller, McCune, Moore and Pierce.—7.

Excused: Giles, Kilpatrick, Terrill, Watson and Winn.—5.




SCRs 18, 23 and 24 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.



Returning following Bills, together with Conference Committee Reports thereon, advising adoption of Conference Committee Reports and passage of Measures as amended: Engrossed SBs 49,179 (2nd CCR), 271 (2nd CCR), and 305.



Advising fourth reading of and returning Enrolled SBs 26, 32, 40, 47, 55, 209 and 328.



Advising passage of and returning the following Engrossed Bill:

SB 58





Transmitting the following Bills, together with Conference Committee Reports there


on, advising adoption of Conference Committee Reports and passage of measures as amended:

HB 1046 HB 1050




HAs to SB 58 were rejected upon motion of Senator Schuelein, Conference requested, and said bill referred to GCCA.


Senator York announced appointment of Senator Don Kilpatrick to the Oklahoma Council of Science and Technology, pursuant to HCR 1013.


Advising Conference granted on Engrossed SB 58, and referring Bill to GCCA.






Coleman, Mary Ann, as of February 28, 1983.


Advising approval by him, June 21,1983, of Enrolled SBs 25, 31, 44, 52, 97 and 294 and on June 22, 1983, of Enrolled SB 51.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Thursday, June 23, 1983, at 1:00 p.m ., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 6:45 p.m. to meet Thursday, June 23, 1983, at 1:00 p.m.

Ninetieth Legisiative DayThursday, June 23,1983

The Senate was called to order by Senator Watson.

Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.— 45.

Excused: Giles, Pierce and Winn.—3.

Senator Watson declared a quorum present.






Advising fourth reading of and transmitting for signature Enrolled HBs 1223 and 1419 and HJR 1021.




HCR 1023 — By Henry and Lewis of the House and Clifton of the Senate.

A concurrent resolution memorializing the Federal Government and the Oklahoma Department of Transportation to dedicate a portion of Interstate 40 to Tom Steed; and directing distribution.

The above numbered HCR was read the first time.UNANIMOUS CONSENT R E Q U E S T - DIRECT TO CALENDAR

Senator Clifton asked unanimous consent to suspend Rule 5-4 and refer HCR 1023 direct to the Calendar for consideration on this date, which was the order.

866 Senate Journal

GENERAL ORDER

HCR 1023 by Henry and Lewis of the House and Clifton of the Senate was called up for consideration.

Senator Stipe and all other members of the Senate except Senator Dawson asked to coauthor HCR 1023, which was the order.

HCR 1023 was adopted upon motion of Senator Clifton, properly signed and ordered returned to the Honorable House.


The CCR on HB 1292 was rejected upon motion of Senator Leonard; further conference requested, President Pro Tempore York naming same Senate conferees as follows: Landis, Leonard and Stipe.


The Senate reassembled in its Chamber with Senator Combs presiding. Senator Schuelein questioned a quorum. The Presiding Officer ordered the roll called, following which a quorum was declared present.


Advising fourth reading of and returning SBs 49 and 305.






Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Green, Hopkins, Howell, Johnson, Keller, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Roberts, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Wright and Young.—38.

Nay: Ford, Rhodes, Smith and Wat-

Excused: Giles, Kilpatrick, Pierce, Randle, Winn and York.—6.




Advising adoption of and returning Engrossed SCR 21, coauthored by Davis (Guy) of the House.






Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Lamb, Land

Ninetieth Legislative Day, Thursday, June 23, 1983 867

is, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.—43.

Excused: Giles, Kilpatrick, Pierce, Randle and Winn.— 5.




Returning following Bills, together with Conference Committee Reports thereon, advising adoption of Conference Committee Reports and passage of Measures as amended: Engrossed SBs 36,54 (3rd CCR), and 162, coauthored by Murphy and Duke of the House.






Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Porter, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.

Excused: Giles, Pierce, Randle and Winn.—4.




The Senate reassembled in its Chamber with President Pro Tempore York presiding. Senator Schuelein questioned a quorum. The roll was ordered called, following which a quorum was declared present.



SB 58 (conference committee substitute)SB 204 — Conferees unable to agree

Pursuant to the above report and Joint Rule 10(g), SB 204 reverts to the status occupied before being sent to Conference Committee and will remain on the Senate Calendar under “ House Amendments to Senate Bills” .


Returning herewith Enrolled SB 237, and advising that under the provisions of Section 58, Article V, of the Constitution of the State of Oklahoma, the House of Representatives has reconsidered and passed said Bill over the Governor’s Veto by a three-fourths vote of all Members elected to and constituting the House of Representatives, said vote being as follows: 77 Ayes, 17 Nays.

868 Senate Journal

Enrolled SB 237 was ordered transmitted to the Seeretary of State.





Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Randle, Rozell, Schuelein, Shedrick, Stipe, Taliaferro, Taylor, Terrill, Wright and York.—39.

Nay: Rhodes, Roberts, Smith, Watson and Young.—5.

Excused: Giles, Pierce, Porter and Winn.—4.




Advising passage of and returning Engrossed SJR 29.

The above numbered SJR was referred for enrollment.





Advising passage of and returning Engrossed SB 327 (Joint Rule 17(a) suspended).



Advising adoption of and returning the following Engrossed Resolution, as amended:

SCR 13, coauthored by Kincheloe and Cole of the House.





Returning following Bills, together with Conference Committee Reports thereon, advising adoption of Conference Committee Reports and passage of Measures as amended: Engrossed SBs 117 (2nd CCR), 176 and 320 (2nd CCR).



SBs 36, 54, and 162 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.

Ninetieth Legislative Day, Thursday, June 23, 1983 869








Returning following Bills, together with Conference Committee Reports thereon, advising adoption of Conference Committee Reports and passage of Measures as amended: Engrossed SBs 239, 263, 282 (remove Deatherage as coauthor), 283, 286 and 297.



Advising that the Conference Committees on Engrossed HBs 1034,1079,1116,1129, 1142, 1187, 1199, 1257, 1264, 1368 and 1413 have reported that the Conferees have been unable to reach an agreement. Pursuant to Joint Rule 10 (g), the above listed bills revert to the status occupied before being sent to Conference and will appear on the House Calendar under “ Senate Amendments to House Bills” .


SBs 117,176, 239, 320, 327 and SJR 29were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.



Advising fourth reading of and returning Enrolled SBs 117, 176, 239, 320, 327 and SJR 29.






SBs 263,282,283,286 and 297 were each correctly enrolled and after fourth reading, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.







870 Senate Journal


Advising adoption of and returning Engrossed SCRs 18 and 24.

The above numbered SCRs were referred for enrollment.







SCRs 18 and 24 were each correctly enrolled, properly signed and ordered transmitted to the Honorable House for the signature of the Speaker.MESSAGE FROM THE HOUSE

Advising the signing of and returning Enrolled SCRs 18 and 24.

The above numbered Enrolled Resolutions were referred to the Secretary of State.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate of the First Regular Session of the Thirty-ninth Legislature adjourn sine die, which motion was declared adopted.

The Clerk announced, that the desk being clear, and as provided by the Schuelein motion, the Senate of the First Regular Session of the 39th Legislature, at the time of 3:15 p.m. adjourned sine die.

Senate Committees 871

SENATE COMMITTEES1st Regular Session

Thirty-ninth Legisiature

STANDING COMMITTEES

CullisonJohnsonLambLandis

AGRICULTURE

Capps, Chairman Dahl, Vice Chairman

MoorePierceTaliaferro

APPROPRIATIONS


BoatnerCainChoateDennisLeonardMcDanielMillerO’Connor

RozellShedrickStipeTaylorTerrillWatsonWinnYoung

CliftonCombsCullisonGreenMcIntyre

BUSINESS and LABOR

Kilpatrick, Chairman Luton, Vice Chairman

Porter Roberts Smith Wright

BoatnerCainCappsCateFord

EDUCATION

Howell, Chairman Taylor, Vice Chairman

LambLeonardShedrickTerrillWatson

872 Senate Committees


Miller, Chairman Winn, Vice Chairman

Branch Moore Keller PorterCapps O’Connor Lamb SmithFord Porter Luton TaliaferroGiles Rhodes PierceGreen RobertsHopkinsHowell

Wright

CappsCullisonFordGiles

FINANCE

Combs, Chairman Roberts, Vice Chairman

Green McIntyre Rhodes

GENERAL GOVERNMENT

McDaniel, Chairman Taliaferro, Vice Chairman

BranchDahlJohnsonKellerLandis

McCuneO’ConnorRandleRhodesWinn

HUMAN RESOURCESCain Pierce

Porter, Chairman Clifton RandleMcIntyre, Vice Chairman Combs Shedrick

Cullison StipeCate Luton Johnson TaliaferroCombs McCune Kilpatrick WatsonHopkins Rhodes Landis YoungKeller Leonard

JUDICIARY

Clifton, Chairman Dawson, Vice Chairman

LAW ENFORCEMENT

Johnson, Chairman Cate, Vice Chairman

Branch LandisDahl McCuneHopkins MooreHowell Wright

NATURAL RESOURCES

Giles, Chairman Branch, Vice Chairman

Clifton HowellDawson RobertsFord SmithGreen Wright

POLICY

Terrill, Chairman Dahl, Vice Chairman

fSenate Committees 873

STANDARDS and ETHICS TRANSPORTATION

Boatner, Chairman Rozell, ChairmanDennis, Vice Chairman Hopkins, Vice Chairman

Cate McCune Choate MooreChoate McDaniel Dawson PierceDawson McIntyre Dennis StipeKeller Rozell Giles YoungLamb Smith MillerLuton Taylor


SPECIAL SENATE COMMITTEES

SELECT SENATE COMMITTEE ON RETIREMENT*

Shedrick, Chairman

KilpatrickRandle

WatsonYoung

*Committee to exist during the 39th Legislature

STAEE REVIEW COMMITTEE OF THE SENATE

(74 O.S. § 291.10)

Senator Marvin York, President Pro Tempore, ChairmanSenator William M. Schuelein, Majority Floor Leader, Vice ChairmanSenator Jerry T. Pierce, Minority Floor LeaderSenator Rodger Randle, Chairman of Appropriations CommitteeSenator Don Kilpatrick, Vice Chairman of Appropriations CommitteeLee Slater, Secretary of the Senate, Clerk


INTERIM AND SPECIAL COMMITTEE APPOINTMENTS

JOINT LEGISLATIVE COMMITTEE ON THE BOLEY TRANSITION

(74 O.S. § 456.2)

SenateDawson, Bill Landis, Kenneth K. Young, John W.

HouseHaney, Enoch Kelly Johnson, Glen Williams, Freddye

LEGISLATIVE LIAISON COMMITTEE ON THE CAPITOL IMPROVEMENT AUTHORITY AND THE

OFFICE OF PUBLIC AFFAIRS

(73 O.S. § 176)

SenateCate, LeeCullison, Robert V. Green, Warren E.

HouseDavis, Guy Duckett, Ross Holt, James D.

CAPITOL-MEDICAL CENTER IMPROVEMENT AND ZONING COMMISSION

(73 O.S. § 83.1)

Senate appointeeJudith Blazek, Oklahoma City

House appointeeRoger Pirrong, Oklahoma City

STATE CAPITOL PRESERVATION COMMISSION

(74 O.S. § 4101)

Senate appointeesMartin A. Hagerstrand, Tahlequah Diane Krous, Oklahoma City Diane Wadley, Oklahoma City

House appointeesRichard Huddleston,

Oklahoma City Louis Coleman, Midwest City


OKLAHOMA COMMISSION ON CHILDREN AND YOUTH

(lOO.S. § 601.1)

Senate appointeeBuddy Warren, Sperry

House appointeeJames C. Thomas, Tulsa

CONTINGENCY REVIEW BOARD

(74 O.S. § 3605)

Governor George Nigh, ChairmanJ.I.M. Caldwell, Jr., Director of State Finanee, Executive Secretary Dan Draper, Speaker of the House of Representatives Marvin York, President Pro Tempore of the Senate

OKLAHOMA CENTER FOR CRIMINAL JUSTICE BOARD

(74 O.S. § 203)

SenateClifton, John L. (ex officio)

HouseHenry, Robert H. (ex officio)

EDUCATIONAL COMMISSION OF THE STATES

(70 O.S. § 506.1)

SenateHowell, James F.

HouseFried, Jim

SOUTHERN STATES ENERGY BOARD

(74 O.S. § 1051)

SenateBranch, BillMcDaniel, James W., alternate

HouseHobson, Cal


E T H IC S A N D M E R IT C O M M IS S IO N(74 O.S. § 841.1)

Senate appointeesJ.D. Bottoms, Oklahoma City Ken Meyers, Norman

House appointeesDr. Earl Mitchell, Stillwater Mike Sullivan, Poteau

J O IN T L E G IS L A T IV E E T H IC S C O M M IT T E E(74 O.S. § 4001.1)

SenateRozell, Herbert, Chairman Dahl, John L.Green, Warren E.

HouseJoiner, Fred Reimer, Rollin Whorton, J.D.

J O IN T C O M M IT T E E O N F E D E R A L F U N D S(74 O.S. § 452.7)

Representative Cleta Deatherage, Chairman Senator Rodger A. Randle, Vice Chairman

SenateBoatner, Roy Combs, Mike Howell, James F. Kilpatrick, Don McDaniel, James W. Shedrick, Bernice Terrill, A1 Watson, Phil York, Marvin

HouseBarker, Jim L. Davis, Guy Duckett, Ross Fried, Jim Harbin, Frank Hobson, Cal Kincheloe, Maxine Talley, Denver Williams, Penny

O K L A H O M A F IR E F IG H T E R S P E N S IO N A N D R E T IR E M E N T B O A R D(11 O.S. § 49-100.3)

Senate appointeeWymon Dobbs, Oklahoma City

House appointeeJim Smith, Stillwater


(74 O.S. § 452.3)

Senator Rodger A. Randle, Chairman Representative Cleta Deatherage, Vice Chairman

JOINT COMMITTEE ON FISCAL OPERATIONS

SenateKilpatrick, Don McDaniel, James W. Shedrick, Bernice Terrill, A1

HouseBarker, Jim L. Harbin, Frank Henry, Robert H. Hobson, Cal

A D V IS O R Y C O M M IT T E E , S O U T H C E N T R A L IN T E R S T A T E F O R E S T F IR E P R O T E C T IO N C O M P A C T

(2 O.S. § 1301-215)

SenateDennis, Gerald C.

HouseMurphy, Mike

S T A T E H E A L T H C O O R D IN A T IN G C O U N C IL(63 O.S. § 1-112)

SenateCain, Bemest

HouseDenman, Don

A D V IS O R Y B O A R D T O A S S IS T T H E IN S U R A N C E C O M M IS S IO N E R(36 O.S. § 6221)

Senate House

(appointments pending)



(74 O.S. § 423)

SenateCullison, Robert V.Dahl, John L.Luton, John D.Roberts, Darryl F.Watson, PhilYork, Marvin (ex officio)

HouseBarker, Jim Deatherage, Cleta Fitzgibbon, Joe Glover, Jim Murphy, Mike Thompson, Mick Vanatta, Benny Draper, Dan (ex officio)

O K L A H O M A C O M M IS S IO N O N IN T E R S T A T E C O O P E R A T IO N(74 O.S. § 425)

Members composed of Joint Committee on Interstate Cooperation and the Governor’s Committee on Interstate Cooperation. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall serve alternately each year as ex officio Chairman and Vice Chairman.

C O U N C IL O N J U D IC IA L C O M P L A IN T S(20 O.S. § 1653)

Senate appointeeLarry Hammer, Cherokee

House appointeeJerry L. McCombs, Idabel


B O A R D O N L E G IS L A T IV E C O M P E N S A T IO N(Constitution, Article V. Section 21)

(74 O.S. §§ 291.2, 291.3)*

Gubernatorial AppointeesJoe R. Jones, Enid, Chairman Reverend Robert W. Cocke, Seminole Lloyd Moore, Perry Bill R. Retherford, Broken Arrow Grant Sample, Tulsa

Senate appointeesDon Douglas, Oklahoma City R.A. Lotspeich, Rosston

House appointeesRon Forkum, Miami Tom Rogers, Enid

(The Chairman of the Oklahoma Tax Commission and the Director of Srate Finance are ex-officio and nonvoting members.)

'Director of State Finance shall serve as Secretary to the Board.

C O M M IT T E E O N L E G IS L A T IV E O V E R S IG H T O F P U B L IC T R U S T S

(60 O.S. § 178.1)

SenateDawson, Bill Leonard, Tim Young, John W.

HouseAnderson, Don Brown, Ben Sanders, E.C. Sandy

A D V IS O R Y C O M M IT T E E O N A S T A T E W ID E R A P ID M A S S -T R A N S IT S Y S T E M

(HJR 1045 - 1982)

Senator Tim Leonard, Vice Chairman

SenateCapps, Gilmer N.Dennis, Gerald C.Taylor, Stratton

Nonlegislative MembersDon Burleson, Oklahoma City Ms. Jean McLaughlin, Oklahoma City

House(appointments pending)


Senator Don Kilpatrick, Cochairman Representative Benny Vanatta, Cochairman

JOINT COMMITTEE ON PARI-MUTUEL RACING

SenateBranch, Bill Johnson, Joe McDaniel, James W. O’Connor, William P. Schuelein, William M. Taliaferro, Paul

HouseHobson, Cal Lewis, Steve Mentzer, Don Monks, John Sanders, E.C. “ Sandy” Vaughn, George

O K L A H O M A P O L IC E P E N S IO N A N D R E T IR E M E N T B O A R D(11 O.S. § 50-103.1)

Senate appointeeCaptain Jerry Bowen, Norman

House appointeeEverette Van Hoesen,

Ponca City

P R O F E S S IO N A L R E S P O N S IB IL IT Y C O M M IS S IO N O F T H E O K L A H O M A B A R A S S O C IA T IO N

(Supreme Court Rule 2, 1981)

Senate appointeeConnie Butler, Oklahoma City

House appointeeNancy Childress, Stillwater

S C E N IC R IV E R C O M M IS S IO N(82 O.S. § 1461)

Senate appointeeA.L. Taylor, Oklahoma City

House appointeeTommy Dale Worsham,

Stilwell


C O M M O N S C H O O L C A P IT A L IM P R O V E M E N T N E E D S A S S E S S M E N T C O M M IT T E E

(70 O.S. § 18-154)

Senate appointeesDr. Leonard Campbell, Weatherford Ms. Sonja Fellow, Edmond

House appointees(appointments pending)

B O A R D O F T R U S T E E S O F T H E O K L A H O M A S C H O O L O F S C IE N C E A N D M A T H E M A T IC S

(70 O.S. § 1210.401)

Senate appointees


House appointees

O K L A H O M A C O U N C IL O F S C IE N C E A N D T E C H N O L O G YHCR 1013, 1983

SenateKilpatrick, Don

House(appointment pending)

S O U T H E R N G R O W T H P O L IC IE S B O A R D(74 O.S. § 3501)

SenateDahl, John L.

HouseDavis, Guy

T


(74 O.S. § 3902.1)

Senate House


JOINT COMMITTEE ON SUNSET REVIEW

O K L A H O M A C O M M IS S IO N E R S O N U N IF O R M S T A T E LA W S(74 O.S. § 471)

Senate appointeesSenator John L. Clifton Justice Marian P. Opala

House appointeesRepresentative Robert H.

HenryCharles ElderDuchess Bartmess, Associate

Commissioner

Gubernatorial appointeesBryce Baggett, Oklahoma City Bert McElroy, Tulsa Fred H. Miller, Norman

Maurice H. Merrill, S.J.D., Lifetime Commissioner, Norman


S E N A T E A N D H O U S E B IL L S R E F E R R E D T O G E N E R A L C O N F E R E N C E C O M M IT T E E O N A P P R O P R IA T IO N S

SENATE HOUSE

SBPage Page

18 717 HB 1043 671SB 19 717 HB 1044 671SB 20 717 HB 1045 671SB 21 717 HB 1046 671SB 22 735 HB 1048 740SB 23 735 HB 1049 671SB 25 752 HB 1050 671SB 26 768 HB 1051 700SB 28 735 HB 1052 671; 774SB 29 717 HB 1053 671SB 30 735 HB 1054 671SB 31 768 HB 1055 655SB 32 717; 806 HB 1056 655SB 33 752 HB 1057 655SB 34 717 HB 1058 655SB 35 717 HB 1059 671SB 36 768 HB 1060 671SB 38 717 HB 1061 671SB 39 717 HB 1062 740; 796; 826SB 40 735 HB 1063 740SB 41 768 HB 1064 655SB 42 735 HB 1065 765SB 43 735 HB 1066 740SB 44 717 HB 1067 723SB 45 717 HB 1068 723; 836SB 46 794 HB 1069 723SB 47 806 HB 1070 723SB 48 717 HB 1071 723SB 49 794 HB 1072 740SB 50 717 HB 1073 740SB 51 735 HB 1074 753SB 52 735 HB 1075 631SB 53 752 HB 1076 631SB 54 752; 808; 834 HB 1077 631SB 55 752 HB 1078 631SB 56 717 HB 1085 671SB 57 735 HB 1147 740SB 58 863 HB 1179 823SB 64 752 HB 1180 655SB 65 717 HB 1262 760SB 328 740 HB 1296 671

HB 1348 671HB 1370 671

Total: 41 Total: 43


S E N A T E B IL L S A N D R E S O L U T IO N S R E F E R R E DT O S P E C IA L C O N F E R E N C E C O M M IT T E E S

Page PageSB 1 498 SB 230 515SB 62 652; 810 SB 236 575SB 69 331 SB 239 789SB 71 789 SB 240 574SB 79 672 SB 250 574SB 81 678 SB 262 671SB 97 505; 762 SB 263 760SB 103 743 SB 267 549SB 117 575; 730 SB 271 674; 796SB 134 600 SB 274 538SB 137 600 SB 282 600SB 138 709 SB 283 695SB 148 719 SB 285 380SB 152 719 SB 286 538SB 162 599 SB 287 671SB 172 636 SB 297 670SB 176 752 SB 299 671SB 179 631; 813 SB 302 708SB 200 695 SB 305 599SB 204 673 SB 309 752SB 206 562 SB 311 528SB 223 724 SB 320 505; 706SB 224 796

Total; 46SJR 7 671


H O U S E B IL L S A N D R E S O L U T IO N S R E F E R R E D T O S P E C IA L C O N F E R E N C E C O M M IT T E E S

Page PageHB 1016 690 HB 1215 604HB 1020 484 HB 1221 424; 509HB 1022 306 HB 1223 631; 840; 842HB 1023 128 HB 1230 696; 829HB 1028 538; 843 HB 1257 655HB 1034 655 HB 1264 760HB 1042 690 HB 1266 753HB 1079 655; 823 HB 1268 760HB 1090 709 HB 1272 690HB 1091 709 HB 1278 655HB 1092 709 HB 1286 712HB 1104 730 HB 1292 712; 866HB 1106 538 HB 1305 496HB 1108 712 HB 1306 671HB 1116 655; 771 HB 1314 671HB 1118 562 HB 1327 744HB 1123 655 HB 1328 744HB 1129 655 HB 1350 560HB 1140 538; WD p. 597 HB 1353 782HB 1141 712 HB 1358 671; 706HB 1142 655; 828 HB 1364 696HB 1144 575 HB 1367 604HB 1146 655; 836 HB 1368 760HB 1151 538; WD p. 597 HB 1372 604HB 1153 631 HB 1380 575HB 1156 712 HB 1393 671HB 1169 631 HB 1409 696HB 1173 505 HB 1413 575HB 1176 575 HB 1416 753HB 1187 730 HB 1419 604HB 1188 752 HB 1425 760HB 1189 696 HB 1430 696HB 1199 712 HJR 1021 765HB 1204 604; 816 HJR 1023 596; 603HB 1208 515 HCR 1001 290HB 1212 655

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S U M M A R Y O F L E G IS L A T IV E A C T IO N

Introduced

Enactedor

Adopted

Carried Over in Senate to 1984 In On

Committee Calendar

Carried over in House to 1984 In On

Committee Calendar

TotalCarried

Over Dead

Senate Bills 330 155 104 4 49 1 158 17

Senate Joint Resolutions 31 6 16 1 5 2 24 1

Senate Concurrent Resolutions 24 14 — — — — — 10

Senate Resolutions 29 25 __ ___ __ ___ ___ 4

0000NO

INDEX

893

DENOTATIONS

c c — Consent CalendarCCR — Conference Committee ReportCCS — Conference Committee SubstituteCR — Committee ReportCS — Committee SubstituteCW — Committee of the WholeGCCA — General Conference Committee on AppropriationsGO — General OrderHA — House AmendmentHB — House BillHC — House ConfereeHCR — House Concurrent ResolutionHJR — House Joint ResolutionML — Motion LodgedSA — Senate AmendmentSB — Senate BillSC — Senate ConfereeSCR — Senate Concurrent ResolutionSJR — Senate Joint ResolutionSR — Senate ResolutionWD — Withdrawn

Senate Bills — Index 895

SENATE BILLS

SB 1 — by McCune, et al, of the Senate and Vaughn of the House — Criminal procedure; providing for night or weekend incarceration; providing for costs. Emergency.1st Reading............................................. 272nd Reading........................................... 67C R ............................................................. 108C.C., considered, passed....................... 109Engrossed, to H ouse.............................. 117HAs read ................................................. 488HAs rejected, conference requested,

SCs named.......................................... 498Conference granted, HCs named.......... 503CCR read..................................................576CCR adopted, passed, to House........... 579Enrolled, to House.................................. 670To Governor............................................ 674Approved May 19, 1983 .......................693

SB 2 — by McCune — Oklahoma Prison Overcrowding Emergency Powers Act. Emergency.1st Reading............................................. 272nd Reading............................................ 67

SB 3 — by McCune of the Senate and Hobson, et al, of the House — Prisons and reformatories; requiring period of community supervision for certain inmates; procedures. Emergency.1st Reading............................................. 282nd Reading............................................ 67C R ......, ..................................................... 298G.O., considered, passed.......................414

Engrossed, to H ouse.............................427HAs read ................................................ 678

SB 4 — by Boatner, et al, of the Senate and Brewster of the House — Law enforcement; creating county law enforcement funds; modifying bond schedules and court costs; providing exception. Effective date. Emergency.1st Reading............................................. 282nd Reading........................................... 67C R .............................................................294G.O., considered, passed.......................360Engrossed, to H ouse..............................372

SB 5 — by Dawson of the Senate and Sanders, et al, of the House — Counties and county officers; relating to fire protection districts; procedure for inclusion in Oklahoma Firefighters Pension and Retirement System; modifying terms of Board members. Emergency.1st Reading............................................. 282nd Reading........................................... 67C R .............................................................182G.O., considered, passed....................... 183Engrossed, to H ouse.............................. 189HAs read .................................. 556HAs adopted, passed..............................571Enrolled, to House.................................. 578To Governor............................................595Approved May 9, 1983..........................619

896 Senate Bills — Index

SB 6 — by Smith — Revenue and taxation; providing investment credit on income taxes for multifamily housing; limiting credit allowed. Emergency.1st Reading............................................. 282nd Reading........................................... 67

SB 7 — by Pierce — Revenue and taxation; relating to adjustments to arrive at Oklahoma taxable income and Oklahoma adjusted gross income for corporations. Emergency.1st Reading............................................. 282nd Reading........................................... 67

SB 8 — by McCune of the Senate and Twidwell of the House — Crimes and punishments; relating to fraud, trick or deception and larceny; increasing amount of loss required to be felony. Effective date.1st Reading............................................. 282nd Reading........................................... 67CR.............................................................223G.O., considered, failed........................ 262ML; adopted, passed.....................262; 274ML; tabled......................................274; 278Engrossed, to H ouse..............................285

SB 9 — by Howell, et al, of the Senate and Craighead, et al, of the House — Higher Education; changing names of Oscar Rose Junior College to Rose State College and South Oklahoma City Junior College to Oklahoma City Community College. Effective date.1st Reading............................................. 282nd Reading........................................... 67CR............................................................. 108G.O., considered, passed....................... 109Engrossed, to H ouse.............................. 117HAs read ................................................. 434HAs adopted, passed..............................452Enrolled, to House.................................. 453To Governor............................................458Approved March 25, 1983 ....................468

SB 10 — by Rozell — Higher education; granting certain persons resident status relating to student fees. Emergency.

1st Reading............................................. 292nd Reading........................................... 67

SB 11 — by Howell — Schools; allowing dependent school district boards of education size to be increased. Effective date.1st Reading............................................. 292nd Reading........................................... 67

SB 12 — by Dahl — Revenue and taxation; restricting exemption for mixtures or blends of motor fuel and ethyl alcohol to that made from Oklahoma agricultural products and manufactured by registered producer. Emergency.1st Reading............................................. 292nd Reading........................................... 67

SB 13 — by Rozell of the Senate and Adair of the House — Schools; providing for modified school year; providing for conferences and activities.1st Reading............................................. 292nd Reading........................................... 67C R ............................................................. 140G.O., considered, passed....................... 184ML; adopted, passed.....................185; 195Engrossed, to H ouse..............................211

SB 14 — by Rozell — Schools; specifying library staff in schools; providing library media specialist duties; directing adequate space for libraries. Effective date.1st Reading............................................. 292nd Reading........................................... 67

SB 15 — by McCune, et al, of the Senate and Gray, et al, of the House — Mental health; relating to sterilization of epileptics, mental patients and habitual criminals. Emergency.1st Reading............................................. 292nd Reading............................................ 67CR............................................................. 108G.O., considered, passed........................119Engrossed, to H ouse.............................. 124Enrolled, to House.................................. 544To Governor............................................ 553Approved April 29, 1983....................... 568


SB 16 — by Stipe, et al, of the Senate and Monks, et al, of the House — Reappropriating funds for special project to Oklahoma Department of Veterans Affairs. Emergency.1st Reading............................................. 292nd Reading........................................... 67CR.............................................................283G.O., considered, passed.......................403Engrossed, to H ouse..............................413

SB 17 — by Randle — Civil procedure; relating to libel and slander; definition; elements to be proved. Effective date.1st Reading............................................. 292nd Reading............................j............. 67

SB 18 — by Randle, et al, of the Senate and Deatherage, et al, of the House — State Senate, Oklahoma, appropriation. Operative date. Emergency.1st Reading............................................. 292nd Reading........................................... 67C R .............................................................387G.O., considered, passed.......................463Engrossed, to H ouse..............................470HAs read ................................................. 714HAs rejected, conference requested,

GCCA...................................................717Conference granted, GCCA...................719CCR read..................................................750CCR adopted, passed, to House........... 753Enrolled, to House.................................. 773To Governor............................................775Approved June 15, 1983 ....................... 813

SB 19 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Joint Bill Processing, Office of, appropriation. Operative date. Emergency.1st Reading............................................. 302nd Reading........................................... 67CR.............................................................399G.O., considered, passed.......................463Engrossed, to H ouse..............................470HAs read ................................................. 714HAs rejected, conference requested,

GCCA...................................................717Conference granted, GCCA...................719

CCR read. . ...............................................750CCR adopted, passed, to House........... 753Enrolled, to House..................................773To Governor............................................775Approved June 15, 1983 .......................813

SB 20 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Governor, Office of the, appropriation. Operative date. Emergency.1st Reading............................................. 302nd Reading........................................... 67C R .............................................................324G.O., considered, passed............463; 466ML; engrossed, to H ouse............467; 493HAs read ................................................. 714HAs rejected, conference requested,

GCCA...................................................717Conference granted, GCCA...................719CCR read................................................. 750CCR adopted, passed, to House........... 754Enrolled, to House.................................. 773To Governor............................................775Approved June 14, 1983 ....................... 799

SB 21 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Lieutenant Governor, Office of the, appropriation. Operative date. Emergency.1st Reading............................................. 302nd Reading........................................... 67C R .............................................................324G.O., considered, passed.......................464Engrossed, to H ouse..............................470HAs read ................................................. 714HAs rejeeted, conference requested,

GCCA...................................................717Conference granted, GCCA...................719CCR read................................................. 750CCR adopted, passed, to House........... 754Enrolled, to House.................................. 773To Governor............................................775Approved June 14, 1983 .......................799

SB 22 — by Randle, et al, of the Senate and Deatherage, et al, of the House — State Finance, Office of the Director of, appropriations. Operative date. Emergency.1st Reading............................................. 30


2nd Reading........................................... 67C R .............................................................399G.O., considered, passed.......................464Engrossed, to H ouse..............................470HAs read ................................................. 725HAs rejected, conference requested,

GCCA...................................................735Conference granted, GCCA...................736CCR read................................................. 803CCR adopted, passed, to House............816Enrolled, to House.................................. 834To Governor............................................839Approved June 23, 1983

SB 23 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Secretary of State, Office of the, appropriations. Operative date. Emergency.1st Reading............................................. 302nd Reading........................................... 67C R .............................................................387G.O., considered, passed.......................464Engrossed, to H ouse..............................470HAs read ................................................. 725HAs rejected, conference requested,

GCCA...................................................735Conference granted, GCCA...................736CCR read................................................. 771CCR adopted, passed, to House............783Enrolled, to House.................................. 802To Governor............................................809Approved June 17, 1983 ....................... 832

SB 24 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Department of Human Services, supplemental appropriation. Emergency.1st Reading............................................. 302nd Reading........................................... 67C R .............................................................387G.O., considered, passed.......................521Engrossed, to H ouse.............................. 525

SB 25 — by Randle, et al, of the Senate and Deatherage, et al, of the House — State Auditor and Inspector, Office of the, appropriations. Effective date. Emergency.1st Reading............................................. 302nd Reading........................................... 67

C R .............................................................399G.O., considered, passed.......................465Engrossed, to H ouse..............................470HAs read ................................................. 748HAs rejected, conference requested,

GCCA...................................................752Conference granted, GCCA...................755CCR read................................................. 789CCR adopted, passed, to House............793Enrolled, to House.................................. 815To Governor............................................820Approved June 21, 1983 ....................... 863

SB 26 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Tax Commission, Oklahoma, appropriations. Operative date. Emergency.1st Reading............................................. 302nd Reading........................................... 67C R .............................................................399G.O., considered, passed.......................465Engrossed, to H ouse..............................470HAs read ................................................. 763HAs rejected, conference requested,

GCCA...................................................768Conference granted, GCCA...................768CCR read..................................................835CCR adopted, passed, to House............839Enrolled, to House.................................. 860To Governor............................................862Approved June 24, 1983

SB 27 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Capitol Improvement Authority, Oklahoma, appropriations. Emergency.1st Reading............................................. 312nd Reading........................................... 67C R .............................................................387G.O., considered, passed.......................470Engrossed, to H ouse..............................477

SB 28 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Personnel Management, Office of, appropriations. Operative date. Emergency.1 St Reading............................................. 312nd Reading........................................... 67CR.............................................................411


G.O., considered, passed.......................470Engrossed, to H ouse..............................477HAs read ................................................. 725HAs rejected, conference requested,


SB 29 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Ethics and Merit Commission, appropriations. Operative date. Emergency.1st Reading............................................. 312nd Reading........................................... 67C R .............................................................399G.O., considered, passed.......................471Engrossed, to H ouse..............................477HAs read ................................................. 714HAs rejected, conference requested,

GCCA...................................................717Conference granted, GCCA...................719CCR read................................................. 756CCR adopted, passed, to House............761Enrolled, to House.................................. 781To Governor............................................784Approved June 14, 1983 .......................799

SB 30 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Secretary of State Election Board, appropriations. Operative date. Emergency.1st Reading............................................. 312nd Reading........................................... 67C R .............................................................387G.O., considered, passed.......................471Engrossed, to H ouse..............................477HAs read ................................................. 725HAs rejected, conference requested,

GCCA...................................................735Conference granted, GCCA...................735CCR read..................................................772CCR adopted, passed, to House............783Enrolled, to House.................................. 802To Governor............................................ 809Approved June 17, 1983 ....................... 832

SB 31 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Regents for Higher Education, Oklahoma State, appropriation. Operative date. Emergency.1st Reading............................................. 312nd Reading........................................... 67CR.............................................................387G.O., considered, passed.......................480Engrossed, to H ouse..............................488HAs read ................................................. 756HAs rejected, conferenee requested,


SB 32 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Physician Manpower Training Commission, appropriations; increasing nonvoting ex officio membership of commission. Operative date. Emergency.1st Reading............................................. 312nd Reading........................................... 67C R ............................................................387G.O., considered, passed...................... 480Engrossed, to H ouse............................. 488HAs read .................................................714HAs rejected, conference requested,

GCCA..................................................717Conference granted, GCCA..................719CCR read................................................ 772CCR adopted, passed........................... 782CCR rejected, further conference

requested............................................ 797Further conference granted,

GCCA..................................................8062nd CCR read ........................................8352nd CCR adopted, passed,

to House............................................. 842Enrolled, to House................................ 862To Governor.......................................... 862Approved June 27, 1983


SB 33 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Land Offiee, Commissioners of the, appropriations. Effective date. Emergency.1st Reading............................................. 312nd Reading........................................... 67C R .............................................................324G.O., considered, passed.......................488Engrossed, to H ouse..............................493HAs read ................................................. 748HAs rejeeted, conference requested,


SB 34 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Educational Television Authority, Oklahoma, appropriation. Operative date. Emergeney.1 St Reading............................................. 322nd Reading........................................... 68C R .............................................................387G.O., considered, passed.......................480Engrossed, to H ouse..............................488HAs read ................................................. 714HAs rejeeted, conference requested,

GCCA...................................................717Conference granted, GCCA...................719CCR read................................................. 772CCR adopted, passed, to House........... 782Enrolled, to House.................................. 802To Governor............................................809Approved June 17, 1983 ....................... 832

SB 35 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Oklahoma Board of Private Schools, appropriation; increasing fees. Operative date. Emergency.1st Reading............................................. 322nd Reading........................................... 68C R .............................................................324G.O., considered, passed.......................481Engrossed, to H ouse..............................488HAs read ................................................. 714

HAs rejeeted, conference requested,GCCA...................................................717

Conference granted, GCCA...................719CCR read................................................. 789CCR adopted, passed, to House............809Enrolled, to House.................................. 825To Governor............................................831Approved June 23, 1983

SB 36 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Historical Society, Office of the Oklahoma, appropriations. Operative date. Emergency.1st Reading............................................. 322nd Reading........................................... 68CR.............................................................387G.O., considered, passed.........................482Engrossed, to H ouse...............................488HAs read ................................................. 763HAs rejected, conference requested,

GCCA...................................................768Conference granted, GCCA...................768CCR read..................................................845CCR adopted, passed, to House..............850Enrolled, to House.................................. 868To Governor............................................869Approved June 28, 1983

SB 37 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Western Plains Indians Arts and Crafts Commission, appropriation. Emergency.1st Reading............................................. 322nd Reading........................................... 68C R .............................................................324G.O., considered, passed.......................481Engrossed, to H ouse..............................488

SB 38 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Pollution Control, Department of, appropriation. Operative date. Emergency.1st Reading............................................. 322nd Reading........................................... 68CR.............................................................387G.O., considered, passed....................... 509Engrossed, to H ouse.............................. 519HAs read ................................................. 714


HAs rejected, eonference requested,GCCA...................................................717

Conference granted, GCCA...................719CCR read................................................. 756CCR adopted, passed, to House............761Enrolled, to House.................................. 781To Governor............................................784Approved June 14, 1983 .......................799

SB 39 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Water Resources Board, appropriation. Operative date. Emergency.1st Reading............................................. 322nd Reading........................................... 68C R ............................................., ..............411G.O., considered, passed.......................509Engrossed, to H ouse..............................519HAs read ................................................. 714HAs rejected, conference requested,


SB 40 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Banking Department, Office of the, appropriation. Operative date. Emergency.1st Reading............................................. 322nd Reading........................................... 68C R .............................................................388G.O., eonsidered, passed.......................510Engrossed, to H ouse..............................519HAs read ..................................................725HAs rejected, conference requested,


SB 41 — by Randle, et al, o f the Senateand Deatherage, et al, o f the H ouse — Tour

ism and Recreation Department, Oklahoma, appropriation. Operative date. Emergency.1st Reading............................................. 332nd Reading........................................... 68CR.............................................................399G.O., considered, passed.......................510Engrossed, to H ouse..............................519HAs read ................................................. 763HAs rejected, conference requested,


SB 42 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Labor, Office of the Department of, appropriations. Operative date. Emergency.1st Reading............................................. 332nd Reading........................................... 68C R .............................................................388G.O., considered, passed.......................510Engrossed, to House ..............................519HAs read ................................................. 725HAs rejected, conference requested,


SB 43 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Property and Casualty Rates, State Board for, appropriation. Operative date. Emergency.1st Reading............................................. 332nd Reading........................................... 68C R .............................................................324G.O., considered, passed.......................511Engrossed, to H ouse..............................519HAs read ..................................................725HAs rejected, conference requested,



CCR read................................................. 756CCR adopted, passed, to House............761Enrolled, to House..................................781To Governor............................................784Approved June 14, 1983 .......................799

SB 44 — by Randle, et al, of the Senateand Deatherage, et al, of the House — Conservation Commission, Oklahoma, appropriation; allowing for assistance to soil and water conservation districts. Operative date. Emergency.1st Reading............................................. 332nd Reading........................................... 68C R .............................................................324G.O., considered, passed.......................511Engrossed, to H ouse..............................519HAs read ................................................. 714HAs rejected, conference requested,


SB 45 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Economic Development, Oklahoma Department of, appropriations. Effective date. Emergency.1st Reading............................................. 332nd Reading........................................... 68C R .............................................................388G.O., considered, passed.......................511Engrossed, to H ouse..............................519HAs read ................................................. 714HAs rejected, conference requested,


SB 46 — by Randle, et al, o f the Senateand D eatherage, et al, o f the H ouse —

Department of Human Services, appropriation. Operative date. Emergency.1st Reading............................................. 332nd Reading........................................... 68C R .............................................................399G.O., considered.................. 520; 521; 522Engrossed, to H ouse..............................525HAs read ...................................... 786HAs rejected, conference requested,

GCCA...................................................794Conference granted, GCCA...................799CCR read..................................................820CCR adopted, passed.............................821ML; tabled...............................................821Enrolled, to House.................................. 834To Governor............................................839Approved June 23, 1983

SB 47 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Mental Health, Department of, appropriations. Operative date. Emergency.1st Reading............................................. 342nd Reading........................................... 68C R .............................................................388G.O., considered, passed.......................488Engrossed, to H ouse..............................493HAs read ..................................................799HAs rejected, conference requested,

GCCA................................................... 806Conference granted, GCCA...................813CCR read..................................................835CCR adopted, passed, to House............839Enrolled, to House.................................. 862To Governor............................................862Approved June 24, 1983

SB 48 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Board of Medicolegal Investigations, appropriation. Effective date. Emergency.1st Reading............................................. 342nd Reading........................................... 68C R .............................................................399G.O., considered, passed.......................477Engrossed, to H ouse..............................488HAs read ..................................................714HAs rejected, conference requested,

GCCA...................................................717


Conference granted, GCCA...................719CCR read..................................................756CCR adopted, passed, to House........... 762Enrolled, to House................................. 781To Governor............................................784Approved June 14, 1983 .......................799

SB 49 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Health Planning Commission, Oklahoma, appropriation; making exceptions to certificates of need; requiring fees; providing for apportionment. Operative date. Emergency.1st Reading............................................. 342nd Reading........................................... 68CR.............................................................388G.O., considered, passed.......................478Engrossed, to H ouse..............................488HAs read ................................................. 786HAs rejected, conference requested,

GCCA...................................................794Conference granted, GCCA...................799CCR read..................................................803CCR adopted, passed, to House........... 820Enrolled, to House.................................. 865To Governor............................................ 866Approved June 24, 1983

SB 50 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Nursing Homes, State Board of, appropriation. Operative date. Emergency.1st Reading............................................. 342nd Reading........................................... 68C R .............................................................399G.O., considered, passed.......................475Engrossed, to H ouse..............................477HAs read ................................................. 714HAs rejected, conference requested,


SB 51 — by Randle, et al, o f the Senateand Deatherage, et a l, o f the H ouse — Indian

Affairs Cornmission, Oklahoma, appropriation. Operative date. Emergency.1st Reading............................................. 342nd Reading........................................... 68CR.............................................................388G.O., considered, passed.......................475Engrossed, to H ouse..............................477HAs read ................................................. 725HAs rejected, conference requested,


SB 52 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Trans- portation. State Department of, appropriations. Operative date. Emergency.1st Reading................................................ 342nd Reading...............................................68C R .............................................................388G.O., considered, passed.......................472Engrossed, to H ouse..............................477HAs read ................................................. 732HAs rejected, conference requested,

GCCA...................................................735Conference granted, GCCA...................736CCR read..................................................772CCR adopted, passed, to House............797Enrolled, to House.................................. 815To Governor............................................820Approved June 21, 1983 ....................... 863

SB 53 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Bureau of Investigation, Oklahoma State, appropriations. Effective date. Emergency.1st Reading............................................. 352nd Reading........................................... 68C R .............................................................324G.O., considered, passed.......................472Engrossed, to H ouse..............................477HAs read ................................................. 748HAs rejected, conference requested,



CCR read................................................. 763CCR adopted, passed, to House........... 767Enrolled, to House.................................. 792To Governor............................................793Approved June 15, 1983 ....................... 824

SB 54 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Public Safety, Oklahoma Department of, appropriations; abolishing Examiners Bureau of Drivers License Division and transferring to Oklahoma Highway Patrol. Operative date. Emergency.1st Reading............................................. 352nd Reading........................................... 68CR.............................................................411G.O., considered, passed.......................473Engrossed, to H ouse..............................477HAs read ................................................. 748HAs rejected, conference requested,

GCCA...................................................752Conference granted, GCCA...................755CCR read................................................. 789CCR rejected, further conference

requested............................................. 808Further conference granted.................... 8132nd CCR read ......................................... 8242nd CCR rejected, further conference

requested............................................. 834Further conference granted.................... 8383rd CCR read.......................................... 8453rd CCR adopted, passed, to House....846Enrolled, to House.................................. 868To Governor............................................869Approved June 24, 1983

SB 55 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Bureau of Narcotics and Dangerous Drugs Control, appropriations. Effective date. Emergency.1st Reading............................................. 352nd Reading........................................... 68CR.............................................................388G.O., considered, passed.......................473Engrossed, to H ouse..............................477HAs read ................................................. 748HAs rejected, conference requested,

GCCA...................................................752

Conference granted, GCCA...................755CCR read..................................................772CCR adopted, passed.............................785ML; enrolled, to House ............... 836; 860To Governor............................................862Approved June 24, 1983

SB 56— by Randle, et al, of the Senate and Deatherage, et al, of the House — Council on Law Enforcement Education and Training, appropriations. Operative date. Emergency.1st Reading............................................. 352nd Reading........................................... 68C R .............................................................324G.O., considered, passed.......................473Engrossed, to H ouse..............................477HAs read ................................................. 714HAs rejected, conference requested,

GCCA...................................................717Conference granted, GCCA...................719CCR read..................................................772CCR adopted, passed, to House........... 785Enrolled, to House.................................. 802To Governor............................................ 809Approved June 17, 1983 ....................... 832

SB 57 — by Randle, et al, of the Senate and Deatherage, et al, of the House — Alcoholic Beverage Control Board, Oklahoma; appropriations; increasing certain fees. Operative date. Emergency.1st Reading............................................. 352nd Reading........................................... 68CR.............................................................324G.O., considered, passed.......................474Engrossed, to H ouse..............................477HAs read ..................................................732HAs rejected, conference requested,

GCCA...................................................735Conference granted, GCCA...................736CCR read..................................................772CCR adopted, passed, to House........... 785Enrolled, to House.................................. 802To Governor............................................ 809Approved June 17, 1983 ....................... 832

SB 58 — by Randle, et al, o f the Senateand Deatherage, et al, o f the H ouse — Mak-


ing appropriations for specified projects to various state agencies; making funds available for federal matching funds. Operative date. Emergency.1st Reading............................................. 362nd Reading........................................... 68CR.............................................................411G.O., considered, passed.......................520Engrossed, to H ouse..............................525HAs read ................................................. 862HAs rejected, conference requested,

GCCA...................................................863Conference granted, GCCA...................863CCR read................................................. 867CCR adopted, passed, to House............868Enrolled, to House.................................. 870To Governor..................................... 870Approved June 28, 1983

SB 59 — by Johnson of the Senate and Hobson of the House — Amusements and sports; relating to pari-mutuel legislation, modifying time limit for enactment. Emergency.1st Reading............................................. 362nd Reading........................................... 68WD; direct to calendar............................ 69G.O., considered, passed...................... 69Engrossed, to H ouse............................. 73HAs read ................................................. 94HAs adopted, passed.............................. 101Enrolled, to House...................................103To Governor............................................ 103Approved January 19, 1983................... 106

SB 60 — by Shedrick of the Senate and Vanatta, et al, of the House — Schools; relating to annuity contracts or face investment annuity certificates for educational employees; expanding type of investments for purposes of tax-deferred payments. Emergency.1st Reading............................................. 682nd Reading........................................... 70C R ............................................................. 187G.O., considered, passed......................... 195Engrossed, to H ouse..............................203

SB 61— .by Landis — Children; age to be considered adults when committing crimes while operating motor vehicles. Effective date.1st Reading............................................. 682nd Reading........................................... 70

SB 62 — by Landis of the Senate and Mentzer, et al, of the House — Mental health; relating to persons appearing to be mentally ill; providing procedures for confinement. Effective date.1st Reading............................................. 682nd Reading........................................... 70C R ............................................................ 283G.O., considered, passed...................... 364Engrossed, to H ouse............................. 372HAs read .................................................626HAs rejected, conference requested,

SCs named..........................................652Conference granted, HCs named..........666CCR read.................................................799Considered and deferred........................807CCR rejected, furtherconference requested............................. 810Further conference granted................... 8132nd CCR read ........................................ 8162nd CCR adopted, passed,

to House..............................................818Enrolled, to House................................. 845To Governor........................................... 852Approved June 27, 1983

SB 63 — by Dawson of the Senate and Haney of the House — Roads, bridges and ferries; reducing number of Transportation Commissioners; changing terms of office of commissioners. Effective date.1st Reading............................................. 682nd Reading . . . ' ...................................... 70C R ............................................................. 198WD; rereferred........................................415

SB 64 — by Randle of the Senate and Draper of the House — State government; modifying deposit of funds from Office of Personnel Management to General Revenue Fund. Operative date. Emergency.


1st Reading............................................. 702nd Reading........................................... 73CR.............................................................309G.O., considered, passed.......................360Engrossed, to H ouse..............................372HAS read ................................................. 748HAs rejected, conference requested,

GCCA...................................................752Conference granted, GCCA...................755CCR read................................................. 789CCR adopted, passed, to House........... 829Enrolled, to House.................................. 845To Governor............................................852Approved June 23, 1983

SB 65 — by Randle of the Senate and Draper of the House — State government; Data Processing Planning and Management Act; appropriation. Operative date. Emergency.1st Reading............................................. 702nd Reading........................................... 73C R .............................................................309G.O., considered, passed....................... 360Engrossed, to H ouse..............................372HAs read ................................................. 714HAs rejected, conference requested,

GCCA...................................................717Conference granted, GCCA...................719CCR read................................................. 835Conferees unable to agree......................835Returned to Calendar; HAs ...................835

SB 66 — by Randle — Revenue and taxation; providing certain tax exemption to expire at earlier date. Emergency.1st Reading............................................. 702nd Reading........................................... 73

SB 67 — by Howell of the Senate and Henry, et al, of the House — Corporations; relating to Professional Corporation Act; allowing psychologists to incorporate with other allied health specialists. Effective date.1st Reading............................................. 702nd Reading........................................... 73CR............................................................. 126G.O., eonsidered, passed....................... 127Engrossed, to H ouse.............................. 132

Enrolled, to House.................................. 216To Governor............................................223Approved February 21, 1983 ................254

SB 68 — by Howell of the Senate and Joiner of the House — Professions and occupations; relating to funeral directors and embalmers; clarifying educational requirements. Emergency.1st Reading............................................. 702nd Reading........................................... 73CR.............................................................298G.O., considered, passed.......................404Engrossed, to H ouse..............................413

SB 69 — by Randle of the Senate and Deatherage of the House — Various state agencies; modifying appropriations and allocations. Emergency.1st Reading............................................. 702nd Reading........................................... 73C R .............................................................244G.O., considered, passed.......................247Engrossed, to H ouse..............................263HAs read ..................................................328HAs rejected, conference requested,

SCs named...........................................331Conference granted, HCs named..........339CCR read..................................................353CCR adopted, passed, to House........... 358Enrolled, to House.................................. 372To Governor............................................375Approved March 17, 1983 .................... 400

SB 70 — by Combs of the Senate and Barker of the House — Corporations; relating to investment in securities; modifying maximum investment in securities. Emergency.1st Reading............................................. 712nd Reading........................................... 73C R ............................................................. 121G.O., considered, passed........................138Engrossed, to H ouse.............................. 141Enrolled, to House.................................. 488To Governor............................................491Approved April 18, 1983.......................506


SB 71 — by Dawson, et al, of the Senate and Fried of the House — Professions and occupations; removing limit on Oklahoma Real Estate Commission Revolving Fund; providing for transfer of certain funds. Emergency.1st Reading............................................. 742nd Reading........................................... 85C R ............................................................. 102G.O., considered, passed.............106; 110Engrossed, to H ouse.............................. 117HAs read ................................................. 772HAs rejected, conference requested ....778Conferenee granted, HCs named..........779SCs named...............................................789CCR read..................................................824CCR adopted, passed, to House.......... 829Enrolled, to House.................................. 845To Governor............................................852Approved June 24, 1983

SB 72 — by Dawson of the Senate and Morgan of the House — Cities and towns; volunteer fire departments; increasing maximum number of volunteers for municipalities; eliminating attrition as means of compliance. Emergency.1st Reading............................................. 742nd Reading........................................... 85C R ............................................................. 187G.O., eonsidered, passed.......................258Engrossed, to H ouse..............................263HAs read ................................................. 482HAs rejected, conference requested ....498 Referred to Special Conference

on Retirement Laws........................... 498Conference granted. Special

Conference on Retirement L aw s......605CCR read................................................. 763CCR adopted, passed, to House........... 784Enrolled, to House.................................. 802To Governor............................................809Approved June 17, 1983 .......................832

SB 73 — by Shedrick, et al, of the Senate and Hobson, et al, of the House — Creating Oklahoma Natural Death Act. Emergency.1st Reading............................................. 852nd Reading........................................... 88

C R ............................................................108G.O., considered, failed........................135ML; tabled......................................138; 175

SB 74 — by York of the Senate and Fried of the House — Adjusting terms of area vocational and technical school district board of education members. Emergency.1st Reading............................................. 892nd Reading........................................... 94C R ............................................................140G.O., considered, passed...................... 179Engrossed, to H ouse............................. 183Enrolled, to House................................. 401To Governor........................................... 403Approved March 24, 1983 ................... 458

SB 75 — by Boatner — Courts; relating to uniform retirement system for justices and judges; providing credit for military service. Emergency.1st Reading............................................. 892nd Reading........................................... 94

SB 76 — by Cullison, et al, of the Senate and Rogers of the House — Liens; relating to liens on unharvested growing crops, repealing. Emergency.1st Reading............................................. 892nd Reading........................................... 94C R .............................................................293G.O., considered, passed.......................342Engrossed, to H ouse..............................345Enrolled, to House.................................. 554To Governor............................................556Approved April 29, 1983.......................568

SB 77 — by Combs of the Senate and Thompson of the House — Banks and trust companies; providing authority to issue emergency certificate of authority; modifying borrowing authority; deleting language regarding real estate loans. Emergency.1st Reading............................................. 892nd Reading........................................... 94C R ............................................................. 108G.O., considered, passed....................... 141ML; engrossed, to H ouse............ 142; 189HAs read ................................................. 488


HAs adopted, passed..............................516ML; tabled..................................... 516; 522Enrolled, to House.................................. 525To Governor............................................528Approved April 29, 1983.......................568

SB 78 — by Dawson of the Senate and Sanders of the House — Cities and towns; relating to Firefighters Pension and Retirement System; exempting certain municipalities from contributions for volunteer firefighters. Effective date. Emergency.1st Reading............................................. 942nd Reading........................................... 97

SB 79 — by McDaniel of the Senate and Davis (Frank) of the House — Wills and succession; relating to abandoned mineral interests; providing any party with an interest may bring escheat actions. Emergency.1st Reading............................................. 942nd Reading........................................... 97C R ............................................................. 122G.O., considered, passed.............138; 179Engrossed, to H ouse.............................. 183HAs read ................................................. 670HAs rejected, conference requested,

SCs named.......................................... 672Conference granted, HCs named.......... 674CCR read................................................. 719CCR adopted, passed, ...........................730ML; tabled......................................730; 743Signed, to House.....................................743Enrolled, to House.................................. 765To Governor............................................768Approved June 9, 1983 ..........................779

SB 80 — by McDaniel of the Senate and Johnson (Don) of the House — Central Interstate Low-Level Radioactive Waste Compact.1st Reading............................................. 942nd Reading........................................... 97C R .............................................................173G.O., considered, passed....................... 185Engrossed, to H ouse.............................. 189Enrolled, to House..................................477To Governor............................................483Approved April 18, 1983.......................506

SB 81 — by Smith of the Senate and Williamson of the House — Torts; standard of care required by practitioners of healing arts, setting; providing nothing in this act to prohibit certain therapies or treatments.1st Reading............................................. 942nd Reading........................................... 97CR.............................................................294G.O., considered, passed.........................420ML; tabled......................................420; 428Engrossed, to H ouse..............................447HAs read ................................................. 678HAs rejected, conference requested,

SCs named.......................................... 678Conference granted, HCs named..........683CCR read..................................................763CCR adopted, passed, to House........... 770Enrolled, to House.................................. 792To Governor............................................793Approved June 20, 1983 .......................832

SB 82 — by McIntyre — State government; relating to Central Purchasing Act; requiring percentage of contracts or acquisitions to be awarded to minorities. Effective date.1st Reading............................................. 972nd Reading............................................ 102

SB 83 — by Taliaferro of the Senate and Smith (Bill), et al, of the House — Counties and county officers; relating to duties of county officers; deleting liability for worthless checks. Effective date.1st Reading............................................. 972nd Reading............................................ 102C R ............................................................. 187G.O., considered, passed....................... 193Engrossed, to H ouse..............................203Enrolled, to House..................................488To Governor............................................491Approved April 18, 1983.......................506

SB 84 — by Taliaferro — Labor; relating to minimum wages on public works; granting additional exemption. Emergency.1st Reading............................................. 972nd Reading............................................ 102


SB 85 — by McDaniel of the Senate and Abbott of the House — Public employees’ pensions; relating to management and investment of funds; providing additional method of safekeeping securities. Emergency.1st Reading............................................. 972nd Reading............................................ 102C R ............................................................. 118G.O., considered, passed.............120; 123Engrossed, to H ouse.............................. 127HAs read .................................................194HAs adopted, passed..............................216Enrolled, to House.................................. 247To Governor............................................247Approved February 23, 1983 ................270

SB 86 — by Smith — Civil procedure; decreasing interest rates on judgments of court of record. Emergency.1st Reading............................................. 982nd Reading............................................ 102

SB 87 — by Smith — Consumer Credit Code; relating to consumer credit service charges; reducing charged percentage rate. Emergency.1st Reading............................................. 982nd Reading............................................ 102

SB 88 — by Smith of the Senate and Williamson, et al, of the House — Garnishment; relating to garnishee summons and exemptions; modifying procedures and notice requirements; determining undue hardship on debtor and family. Emergency.1st Reading............................................. 982nd Reading............................................ 102C R ............................................................. 118WD; rereferred........................................ 134G.O., eonsidered, passed.......................279Engrossed, to H ouse..............................285Enrolled, to House.................................. 508To Governor............................................512Approved April 26, 1983.......................540

SB 89 — by Stipe, et al, of the Senate and Riggs, et al, of the House — Conveyanees; relating to constructive mortgage; exempting

certain mutual help and occupancy agreements. Emergency.1st Reading............................................. 982nd Reading............................................ 102C R ............................................................. 134G.O., considered, passed....................... 139Engrossed, to H ouse.............................. 141Enrolled, to House..................................622To Governor............................................625Approved May 12, 1983 .......................656

SB 90 — by Stipe, et al, of the Senate and Harbin, et al, of the House — Oklahoma Enterprise Zone Act. Emergency.1st Reading............................................. 982nd Reading............................................ 102C R ............................................................ 244G.O., considered, passed.......................256Engrossed, to H ouse..............................263HAs read ................................................. 644HAs adopted, bill failed........................ 656ML; time extended........................656; 673Motion to reconsider vote

adopted, passed..................................699ML; time extended........................699; 714Motion to reconsider vote

failed.................................................... 733Enrolled, to House.................................. 738To Governor............................................742Approved June 6, 1983 ..........................756

SB 91 — by Clifton — Conveyances; providing for filing of affidavits affecting real property; prescribing contents; directing recording. Effective date.1st Reading..............................................1022nd Reading............................................ 105

SB 92 — by Clifton — Conveyances; requiring instruments and documents which zone and regulate real property to be filed and recorded by county clerk; identifying responsibilities of abstractors. Effective date.1st Reading..............................................1022nd Reading............................................ 105

SB 93 — by Watson — Civil procedure; providing for continuing garnishee summons


when garnishee is employer; describing procedures for employer and court clerk. Emergency.1st Reading.............................................1022nd Reading........................................... 105

SB 94 — by O’Connor, et al, of the Senate and Vaughn, et al, of the House — Public health and safety; providing penalties for robbery or attempted robbery of controlled dangerous substances. Emergency.1st Reading..............................................1022nd Reading........................................... 105C R ............................................................ 244G.O., considered, passed...................... 263Engrossed, to H ouse..............................267Enrolled, to House.................................. 559To Governor............................................562Approved May 3, 1983 ..........................598

SB 95 — by Miller of the Senate and Henry, et al, of the House — Banks and trust companies; requiring Federal Deposit Insurance Corporation as liquidator of national banks to be bound by priority of claims established in Oklahoma Banking Code. Effective date.1 St Reading..............................................1022nd Reading............................................ 105C R .............................................................192G.O., considered, passed.......................211Engrossed, to H ouse..............................225Enrolled, to House.................................. 678To Governor............................................682Approved May 19, 1983 .......................693

SB 96 — by McCune of the Senate and Hobson of the House — Prisons and reformatories; relating to earned credits by inmate; providing for deduction of time from sentences; adding earned credits for parolee; providing methods. Effective date.1st Reading............................ 1062nd Reading............................................ 107C R .............................................................223G.O., considered, passed.......................264Engrossed, to H ouse..............................267

SB 97 — by York of the Senate and Draper, et al, of the House — Crimes and punishments; relating to bingo licensing for nonprofit organizations; allowing certain employees; prohibiting rip-off or pull-tab games where bingo is conducted. Emergency.1st Reading..............................................1062nd Reading............................................ 107C R .............................................................187G.O., considered, passed....................... 194Engrossed, to H ouse.............................. 203HAs read ..................................................328HAs rejected, conference requested,

SCs named.......................................... 505Conference granted,

HCs nam ed................................ 506; 526CCR read................................................. 741CCR adopted.......................................... 743CCR rejected, further conference

requested............................................. 755Further conference granted.................... 7622nd CCR read ......................................... 8032nd CCR adopted, passed,

to House...............................................808Enrolled, to House.................................. 825To Governor............................................831Approved June 21, 1983 ....................... 863

SB 98 — by Dawson of the Senate and Harris of the House — Contracts; voiding agreements that seek to exempt business entities from liability for negligence resulting in personal injury. Effective date.1st Reading..............................................1082nd Reading............................................ I l lCR.............................................................254G.O., considered, passed.......................268Engrossed, to H ouse..............................271

SB 99 — by Terrill, et al, of the Senate and Holden of the House — Insurance; relating to filing rates and rating; deleting provision regarding termination of provisions relating to effective dates of homeowners. Emergency.1st Reading..............................................1082nd Reading............................................ I l l


CR.............................................................269G.O., considered, failed........................ 289ML; adopted..................................290; 3053rd Reading, passed............................... 305Engrossed, to H ouse..............................311HAs read ................................................. 556HAs adopted, passed..............................769Enrolled, to House.................................. 773To Governor............................................775Approved June 14, 1983 .......................799

SB 100 — by McDaniel, et al, of the Senate and Henry, et al, of the House — Property; providing for abandonment of mineral interests, with exceptions; providing for reversion in surface owner; describing procedure. Emergency.1st Reading..............................................1082nd Reading............................................ I l lCR.............................................................275G.O., considered, passed.......................328Engrossed, to H ouse.............................. 339

SB 101 — by Giles, et al, of the Senate and Mentzer of the House — State government; relating to requests for investigation; providing for an additional requestor. Effective date.1st Reading....................................... 1082nd Reading............................................ I l lCR.............................................................223G.O., considered, passed.......................258Engrossed, to H ouse..............................263HAs read ................................................. 570HAs adopted, passed..............................597ML; tabled.....................................597; 599Enrolled, to House.................................. 602To Governor............................................603Approved May 9, 1983 ..........................619

SB 102 — by Capps — Liens; providing seed, fertilizer and chemical suppliers and appliers lien against crops under certain circumstances. Effective date.1st Reading..............................................I l l2nd Reading............................................ 117

SB 103 — by Cate of the Senate and Hamilton, et al, of the House — Criminal

procedure; relating to protection from Domestic Abuse Act; providing for service and hearings of ex parte orders; procedures. Effective date.1st Reading..............................................I l l2nd Reading............................................ 117CR............................................................. 188G.O., considered, passed.......................203Engrossed, to H ouse..............................211HAs read ................................................. 686HAs rejected, conference requested,

SCs named.......................................... 743Conference granted, HCs named..........748CCR read................................................. 803CCR adopted, passed, to House........... 822Enrolled, to House.................................. 845To Governor............................................852Approved June 23, 1983

SB 104 — by Keller of the Senate and Sanders of the House — Commercial Code; expanding transfers and enterprises to include service subject to the bulk transfer article. Effective date.1st Reading..............................................I l l2nd Reading............................................ 117C R .............................................................293G.O., considered, passed.......................346Engrossed, to H ouse..............................358Enrolled, to House.................................. 559To Governor............................................562Approved May 3, 1983 ..........................598

SB 105 — by Shedrick, et al, of the Senate and Talley of the House — State government; relating to Joint Committee on Federal Funds; state legislative intent; providing guidelines and standards. Emergency.1st Reading..............................................1182nd Reading............................................ 120CR.............................................................210G.O., considered, passed.......................252Engrossed, to H ouse..............................255Enrolled, to House.................................. 747To Governor............................................750Vetoed June 7, 1983 ..............................764

SB 106 — by Randle, et al, of the Senate and Deatherage, et al, of the House — De


partment of Public Safety; making appropriation to Department for purchase of motor vehicles. Emergency.1st Reading.............................................1182nd Reading............................................ 120CR.............................................................192G.O., considered, passed.......................212Engrossed, to H ouse............................. 225

SB 107 — by Watson — Motor vehicles; requiring use of child passenger restraint system or seat belt; defining term; requiring Oklahoma Highway Safety Office to develop program of public education. Effective date. Emergency.1st Reading..............................................1182nd Reading............................................ 120

SB 108 — by York of the Senate and Leftwich of the House — Definitions and general provisions; relating to holidays; changing Youth Day to third Sunday in March. Emergency.1st Reading..............................................1182nd Reading............................................ 120C R ............................................................ 223G.O., considered, passed...................... 257Engrossed, to H ouse............................. 263HAs read .................................................369HAs adopted, passed............................. 371Enrolled, to House.................................. 389To Governor............................................394Approved March 17, 1983 ................... 400

SB 109 — by McIntyre — Roads, bridges and ferries; relating to Transportation Commission; restructuring districts; changing terms of members; requiring expiration date of present membership. Emergency.1st Reading..............................................1202nd Reading............................................ 124

SB 110 — by Smith — Motor vehicles; relating to licenses and financial responsibility; providing procedures and requirements; providing for verification by insurers. Effective date.1st Reading..............................................1212nd Reading............................................ 124

SB 111 — by Porter — Taxation; relating to taxes on nonintoxicating beverages; deleting exemption from state laws levying a sales, consumers or use tax; allowing municipalities to levy sales tax. Emergency.1 St Reading..............................................1212nd Reading............................................ 124

SB 112 — by Young, et al, of the Senate and Haney of the House — Children; certain persons to be considered as adults for committing aggravated assault and battery and willful damage to state property. Emergency.1st Reading..............................................1212nd Reading............................................ 124CR.............................................................294-G.O., considered, passed.......................329Engrossed, to H ouse..............................339

SB 113 — by Young — Children; relating to custody; including children under provisions. Effective date. Emergency.1st Reading..............................................1212nd Reading............................................ 124

SB 114 — by Landis of the Senate and Smith (Bill) of the House — Agriculture; relating to livestock sales; setting procedures; providing for investigations by State Bureau of Investigations; increasing license fees. Effective date.1st Reading.............................................1212nd Reading............................................ 124C R .............................................................254G.O., considered, failed........................ 268ML; adopted, passed.....................269; 289Engrossed, to H ouse.............................. 295

SB 115 — by Landis — Motor vehicles; requiring permanent suspension of driver’s license for second conviction of operating motor vehicle while under influence of alcohol or drugs; providing additional penalties. Emergency.1st Reading..............................................1242nd Reading............................................ 128

SB 116 — by Howell, et al, of the Senate and Craighead of the House — Public health


and safety; relating to buoys and flags used by divers; specifying how flag is to be flown. Emergency.1st Reading..............................................1252nd Reading............................................ 128C R ............................................................. 198G.O., considered, passed.......................225Engrossed, to H ouse.............................. 247Enrolled, to House.................................. 488To Governor............................................491Approved April 18, 1983....................... 506

SB 117 — by Howell of the Senate and Joiner of the House — Higher education; relating to bonds for cost of state university improvements; increasing maximum interest rate allowable.1st Reading..............................................1252nd Reading............................................ 128C R ............................................................. 198G.O., considered, passed.......................226Engrossed, to H ouse.............................. 247HAs read ..................................................570HAs rejected, conference requested,

SCs named...........................................575Conference granted, HCs named.......... 597CCR read..................................................656CCR adopted.......................................... 704CCR rejected, further conference

requested............................................. 726Further conference granted.................... 7302nd CCR read ......................................... 8452nd CCR adopted, passed,

to House...............................................857Enrolled, to House.................................. 869To Governor............................................ 869Approved June 27, 1983

SB 118 — by Boatner— Expanding banking functions which may be performed at drive-in and walk-up facilities; allowing extended service facility; authorizing same banking functions as home office. Effective date.1st Reading..............................................1252nd Reading............................................ 128

SB 119 — by Shedrick of the Senate and Manar, et al, of the House — Liens; relating

to notice, filing of lien statement and fees relating to mechanics and materialmen liens; requiring mailing of notice. Emergency.1st Reading..............................................1252nd Reading............................................ 128C R .............................................................294G.O., considered, passed....................... 347Engrossed, to H ouse..............................358Enrolled, to House.................................. 508To Governor............................................512Approved April 26, 1983.......................540

SB 120 — by Cullison ^f the Senate and Baker of the House — Motor vehicles; exempting trash collection cycles from registration laws; providing trash collection cycles may use public streets and highways. Effective date.1st Reading..............................................1252nd Reading............................................ 128C R .............................................................260WD; rereferred........................................434

SB 121 — by Capps, et al, of the Senate and Glover of the House — Commercial code; providing protection to buyers in ordinary course of business; deleting exemption for persons buying farm products from persons engaged in farming operations. Operative date.1st Reading..............................................1252nd Reading............................................ 128C R .............................................................298G.O., considered, passed....................... 375Engrossed, to H ouse..............................389

SB 122 — by Howell of the Senate and Henry of the House — Limited partnerships; specifying contents of partnership name; establishing procedures for reserving name; providing limitations and procedures concerning. Effective date.1st Reading..............................................1252nd Reading............................................ 128

SB 123 — by Landis of the Senate and Blodgett of the House — Schools; relating to teachers or other employees related within


third degree of consanguinty or affinity; extending exceptions. Emergency.1st Reading..............................................1282nd Reading............................................ 132CR............................................................. 187G.O., considered, passed...................... 204Engrossed, to H ouse............................. 211HAs read .................................................570HAs adopted, passed............................. 601Enrolled, to House.................................. 605To Governor............................................614Approved May 10, 1983 ...................... 650

SB 124 — by Taliaferro of the Senate and Hooper, et al, of the House — Increasing maximum amount of temporary appropriations allowed by county excise boards. Effective date.1st Reading..............................................1282nd Reading............................................ 132CR............................................................. 187G.O., considered, passed.......................205Engrossed, to H ouse..............................211Enrolled, to House................................. 501To Governor............................................505Approved April 20, 1983.......................517

SB 125 — by Randle of the Senate and Harbin of the House — Motor vehicles; including hatchback vehicles in commercial vehicle registration category; increasing penalty. Effective date. Emergency.1st Reading..............................................1282nd Reading............................................ 132CR.............................................................188G.O., considered.......................... 194; 259WD; rereferred........................................259

SB 126 — by Stipe — Prisons and reformatories; relating to powers and duties of Private Prison Industries Board; adding duty to make recommendations concerning state prison industries. Emergency.1st Reading..............................................1282nd Reading............................................ 132

SB 127 — by Stipe o f the Senate andHarbin o f the H ouse — Criminal procedure;providing for judicial review o f sentencing

or parole revocation within certain period of time. Effective date.1st Reading..............................................1282nd Reading............................................ 132C R .............................................................260G.O., considered, passed...................... 263Engrossed, to H ouse............................. 267HAs read .................................................482HAs adopted, passed............................. 489EiU'olled, to House..................................493To Governor............................................499Approved April 20, 1983.......................517

SB 128 — by Stipe, et al, of the Senate and Haney, et al, of the House — State government; relating to hearings of the Ethics and Merit Commission; limiting right of appeal to district court. Effective date.1st Reading..............................................1292nd Reading........................................... 132CR.............................................................309G.O., considered, passed....................... 340Engrossed, to H ouse..............................345Enrolled, to House.................................. 508To Governor............................................512Approved April 26, 1983...................... 540

SB 129 — by Stipe — Prisons and reformatories; relating to penal institutions and duties of Director of Department of Corrections; requiring appointment of panel to investigate certain incidents involving employees. Emergency.1st Reading.................. , .........................1292nd Reading............................................ 132

SB 130 — by Stipe — Directing Corporation Commission to design and implement telecommunications program; requiring comments and recommendations from Oklahoma Commission on Deaf and Hearing Impaired. Effective date.1st Reading..............................................1292nd Reading............................................ 132

SB 131 — by Stipe — Creating Department of Pardon and Parole; transferring responsibility for supervision of persons granted pardons, paroles or probations from


Department of Corrections. Effective date.1 st Reading..............................................1292nd Reading............................................ 132

SB 132 — by Keller — Revenue and taxation; allowing additional personal exemption for persons age sixty-five or older, with exception. Effective date.1st Reading..............................................1292nd Reading............................................ 132

SB 133 — by Landis — Requiring posting of prices of consumer products sold at retail; requiring availability of accurate scale; setting penalty. Effective date.1 St Reading..............................................1292nd Reading.............................................132

SB 134 — by Keller of the Senate and Lawter of the House — Civil procedure; relating to discovery code; limiting number of interrogatories and requests for admission; allowing judicial discretion; providing procedure for requests. Effective date.1st Reading..............................................1332nd Reading............................................ 139C R .............................................................275G.O., considered, passed.......................302Engrossed, to H ouse..............................311HAs read ..................................................566HAs rejected, conference

requested............................................. 596SCs named...............................................600Conference granted, HCs named..........606CCR read................................................. 679CCR adopted, passed, to House........... 682Enrolled, to House.................................. 695To Governor............................................ 702Approved May 24, 1983 .......................721

SB 135 — by Terrill — Revenue and taxation; relating to Oklahoma taxable income and adjusted gross income; allowing exemption of certain military retirement benefits. Effective date.1st Reading..............................................1332nd Reading............................................ 139

SB 136 — by Terrill — Motor vehicles; regulation of motor carriers; increasing fine; collected fines to be deposited in Motor Vehicle Act Enforcement Fund. Effective date. Emergency.1st Reading..............................................1332nd Reading............................................ 139

SB 137 — by Terrill of the Senate and Hall of the House — Motor vehicles; requiring private motor carrier obtain license to transport deleterious substances; identification devices, modifying requirements; giving motor carrier officers certain powers. Emergency.1st Reading..............................................1332nd Reading............................................ 139CR.............................................................223G.O., considered, failed ............. 256; 257ML; adopted, passed....................258; 273Engrossed, to H ouse..............................277HAs read ................................................. 556HAs rejected, conference

requested............................................. 597SCs named...............................................600Conference granted, HCs named..........606CCR read................................................. 679CCR adopted, passed, to House........... 686Enrolled, to House.................................. 703To Governor............................................712Approved May 26, 1983 .......................726

SB 138 — by Miller, et al, of the Senate and Johnson (Glen), et al, of the House — County Primary Road Improvement Act. Emergency.1st Reading..............................................1332nd Reading............................................ 139CR.............................................................294G.O., considered, passed.......................361Engrossed, to H ouse..............................372HAs read ................................................. 686HAs rejected, conference requested,

SCs named.......................................... 709Conference granted, GCCA...................718WD from GCCA, HCs named ............. 768CCR read................................................. 803CCR adopted, passed, to House........... 817Enrolled, to House.................................. 845


.852To Governor...................Approved June 27, 1983

SB 139 — by McDaniel of the Senate and Smith (Jerry) of the House — Crimes and punishment; repealing sections relating to destruction, removal, alteration, coverage and defacement of serial number on oil and gas related equipment and penalties therefor. Emergency.1st Reading.............................................1402nd Reading........................................... 172C R ............................................................265G.O., considered, passed...................... 288ML; Engrossed, to House............ 288; 325Enrolled, to House.................................. 569To Governor............................................572Approved May 9, 1983 ..........................619

SB 140 — by Keller of the Senate and Lawter, et al, of the House — Requiring motor vehicle manufacturer, agent or dealer to make repairs under warranties; requiring manufacturer to replace vehicle or refund purchase price under certain circumstances. Effective date.1st Reading..............................................1402nd Reading............................................ 172C R .............................................................294G.O., considered, failed........................ 362ML; failed ......................................364; 403

SB 141 — by Cain of the Senate and Reimer, et al, of the House — Oklahoma Historical Societies and Associations; Oklahoma State Register of Historic Places Act. Effective date.1st Reading..............................................1402nd Reading............................................ 172CR.............................................................223G.O., considered, passed.......................257Engrossed, to H ouse..............................263HAs read ................................................. 556HAs adopted, passed..............................660Enrolled, to House.................................. 670To Governor............................................674Approved May 19, 1983 .......................693

SB 142 — by Kilpatrick of the Senate and Fried of the House — Professions and occupations; relating to osteopathic medicine; recreating and renaming Board; increasing membership; creating revolving fund. Emergency.1st Reading..............................................1732nd Reading............................................ 176C R .............................................................269G.O., considered, passed...................... 316Engrossed, to H ouse............................. 325HAs read .................................................656HAs adopted, passed............................. 705Enrolled, to House.................................. 712To Governor............................................719Approved May 26, 1983 .......................726

SB 143 — by Howell — Counties and county officers; relating to County Budget Act; modifying definition of county officer; clarifying unlawful acts and liabilities. Emergency.1st Reading..............................................1732nd Reading........................................... 176

SB 144 — by Dawson of the Senate and Henry of the House — Public health and safety; relating to patient information; removing prohibition against use of information in legal proceedings; granting patient access to and use of information in civil actions. Emergency.1st Reading..............................................1762nd Reading............................................ 180

SB 145 — by Johnson, et al, of the Senate and Riggs, et al, of the House— Intoxicating liquors; prohibiting furnishing of nonintoxicating beverages to persons under twenty- one years of age.1st Reading..............................................1762nd Reading............................................ 180C R .............................................................270G.O., considered, passed....................... 312Engrossed, to H ouse..............................325Enrolled, to House.................................. 599To Governor............................................603Approved May 9, 1983 ..........................619


SB 146 — by Boatner of the Senate and Holden of the House — Insurance; relating to Oklahoma Property and Casualty Insurance Guaranty Association, and domestic stock and mutual insurers; providing for investments; allowing deposit of securities. Emergency.1st Reading..............................................1772nd Reading............................................ 180CR.............................................................298G.O., considered, passed....................... 330Engrossed, to H ouse.............................. 339HAs read ................................................. 566HAs adopted, passed..............................571Enrolled, to House.................................. 578To Governor............................................595Approved May 9, 1983 ..........................619

SB 147 — by Terrill of the Senate and Hooper of the House — Civil procedure; relating to class actions; removing limitation in recoverable damages; modifying composition of class. Emergency.1st Reading..............................................1772nd Reading............................................ 180

SB 148 — by Terrill, et al, of the Senate and Barker of the House — Children; providing for and expanding situations in which court may terminate parental rights. Operative date. Emergency.1st Reading..............................................1772nd Reading............................................ 180CR.............................................................298G.O., considered, passed.......................332Engrossed, to H ouse..............................339HAs read ................................................. 696HAs rejected, conference

requested............................................. 709SCs named...............................................719Conference granted, HCs named..........726CCR read................................................. 779CCR adopted, passed, to House........... 798Enrolled, to House.................................. 845To Governor............................................852Approved June 23, 1983

SB 149 — by Terrill of the Senate and Harris of the House — Motor vehicles; clar

ifying applicable statute for perfection of security interest in vehicles. Emergency.1st Reading..............................................1772nd Reading............................................ 180C R ........................................... , ...............293G.O., considered, passed.......................332Engrossed, to H ouse..............................339

SB 150 — by Boatner — Revenue and taxation; relating to definitions used in sales tax code; modifying definition of gross receipts to exclude setoffs or trade-ins for sales tax purposes. Effective date.1st Reading..............................................1772nd Reading............................................ 180

SB 151 — by Young, et al, of the Senate — Revenue and taxation; making sales of gasoline, motor fuel, diesel fuel or special fuel subject to excise tax levied by “ Oklahoma Sales Tax Code” ; providing apportionment.1st Reading..............................................1772nd Reading............................................ 180

SB 152 — by Keller of the Senate and Duckett, et al, of the House — Motor vehicles; providing forfeiture of motor vehicle upon second conviction of driving under influence of intoxicating liquor; providing for custody and sale of vehicle. Emergency.1st Reading..............................................1772nd Reading............................................ 180C R ............................................................ 298G.O., considered, passed.......................346Engrossed, to H ouse..............................358HAs read ................................................. 696HAs rejected, conference

requested............................................. 709SCs named...............................................719Conference granted, HCs named..........726CCR read................................................. 756CCR adopted, failed............................... 766ML; tabled......................................766; 797

SB 153 — by Winn of the Senate and Virtue of the House — Insurance; requiring in automobile liability insurance rates, plans for reduction in premium for completing mo


tor vehicle accident prevention course for certain persons; requiring fee. Effective date.1st Reading............................................. 1812nd Reading .............................................185C R ............................................................ 298G.O., considered, passed.......................364Engrossed, to H ouse..............................372

SB 154 — by Winn — Public health and safety; requiring storm shelters in mobile home and recreational vehicle parks. Effective date.1st Reading..............................................1812nd Reading............................................ 185

SB 155 — by Winn — Revenue and taxation; relating to definitions used in sales tax code; modifying definition of gross receipts to exclude setoffs or trade-ins for sales tax purposes.1st Reading............................................. 1812nd Reading............................................ 185

SB 156 — by Giles of the Senate and Johnson (Don) of the House — Waters and water rights; increasing statutory limit on purchase of investment certificates by State Treasurer. Emergency.1st Reading..............................................1812nd Reading............................................ 185C R .............................................................210WD; rereferred........................................428

SB 157 — by Terrill — State government; relating to uniform crime reporting system of Oklahoma State Bureau of Investigation; requiring reports by all law enforcement agencies. Emergency.1 St Reading..............................................1812nd Reading............................................ 185

SB 158 — by McCune — Health services for inmates; transferring inmate responsibility to Department of Human Services from Department of Mental Health. Effective date.1 St Reading..............................................1822nd Reading............................................ 185

SB 159 — by Giles, et al, of the Senate and Widener, et al, of the House — Oil and gas; requiring owners within well to share ratably in revenues; allowing existing rights and remedies; empowering Corporation Commission to promulgate rules and regulations and to provide penalties. Emergency.1st Reading..............................................1822nd Reading............................................ 185CR.............................................................275G.O., considered, passed.......................326Engrossed, to H ouse..............................339

SB 160 — by Smith, et al, of the Senate and Harvey, et al, of the House — Motor vehicles; relating to driving while intoxicated; increasing fines. Emergency.1st Reading.............................................1822nd Reading........................................... 185C R .............................................................260G.O., considered, passed.......................287Engrossed, to H ouse..............................295Enrolled, to House................................. 651To Governor.......................... 655Approved May 17, 1983 .......................683

SB 161 — by Clifton of the Senate and Lewis, et al, of the House — Crimes and punishments; relating to larceny of cable television services; defining persons committing; prescribing punishment; providing civil liability and damages. Effective date. Emergency.1 St Reading..............................................1862nd Reading............................................ 190C R .............................................................283G.O., considered, passed.......................320Engrossed, to H ouse.............................. 325HAs read ..................................................601HAs adopted, passed..............................664Enrolled, to House.................................. 673To Governor............................................674Approved May 19, 1983 .......................693

SB 162 — by Dennis, et al, of the Senate and Abbott, et al, of the House — Schools; directing board of trustees of teachers’ retirement system of Oklahoma to evaluate and


analyze feasibility of establishing insurance plans; making appropriation. Operative date. Emergency.1st Reading..............................................1862nd Reading............................................ 190CR.............................................................309G.O., considered, passed.......................390Engrossed, to H ouse..............................401HAs read ................................................. 578HAs rejected, conference requested,

SCs named.......................................... 599Conference granted, HCs named.......... 623CCR read................................................. 803CCR adopted, passed, to House............817Enrolled, to House.................................. 868To Governor............................................869Vetoed July 7, 1983

Veto Message from the Governor:

I have vetoed Senate Bill No. 162 because its stated purpose is very different from what it authorizes. While its stated purpose is to direct the conduct of a feasibility analysis and evaluation of establishing group health, dental and life insurance plans for educational employees, the bill actually authorizes implementation of such plans. In fact, the bill authorizes implementation of plans as developed by the Teachers’ Retirement Board in the feasibility study. Therefore, Senate Bill No. 162 would preclude action on the recommended plans by the Legislature and Governor, by transferring that authority to an inappropriate body, the Teachers’ Retirement Board.

I find sections one and two of the Bill in conflict. There is no problem with section one, which provides for an analysis, evaluation and report to be prepared by the Board and presented to the Legislature. This would give the Legislature and the Governor the opportunity to review and act on the report’s recommendations. However, I object to section two, which mandates that elections be held by each school district to determine its participation in the plans developed by the Board without the requirement of previous

review or action by the Legislature and Governor.

For these reasons I have vetoed Senate Bill No. 162.

SB 163 — by Luton, et al, of the Senate and Barker, et al, of the House — Public health and safety; relating to alcohol treatment and rehabilitation; modifying definitions; consolidating drug and alcohol advisory councils. Effective date. Emergency.1st Reading............................................. 1862nd Reading............................................ 190CR.............................................................270G.O., considered, passed.......................351Engrossed, to H ouse..............................358Enrolled, to House..................................659To Governor............................................666Approved May 19, 1983 .......................693

SB 164 — by Dennis, et al, of the Senate — Department of Public Safety; making appropriation; stating purpose; creating County Sheriff’s Fund in each county treasury. Effective date. Emergency.1st Reading..............................................1862nd Reading............................................ 190C R ............................................................ 283WD; rereferred........................................452

SB 165 — by McCune of the Senate and Brown of the House — Prisons and reformatories; requiring Pardon and Parole Board to consider certain factors as condition for parole; eliminating requirement for parole adviser. Emergency.1 St Reading..............................................1862nd Reading............................................ 190C R .............................................................260G.O., considered, passed.......................290Engrossed, to H ouse..............................295HAs read ................................................. 470HAs adopted, passed..............................490Enrolled, to House..................................493To Governor............................................499Approved April 20, 1983.......................517


SB 166 — by Howell of the Senate and Henry of the House — Workers’ compensation; modifying procedure for submission of health care charges; allowing recovery of health care charges; allowing recovery of attorney’s fee; modifying exemption. Emergency.1st Reading............................................. 1862nd Reading............................................ 190CR............................................................ 283G.O., considered, passed.......................350Engrossed, to H ouse..............................358

SB 167 — by Smith — Courts; providing for Court of Appeals; establishing two permanent circuits; describing appellate and original jurisdiction; establishing powers. Effective date.1st Reading..............................................1862nd Reading............................................ 190

SB 168 — by Terrill of the Senate and Henry of the House — Revenue and taxation; relating to estate taxes; providing value of qualified terminable interest property shall be included in value of gross estate, with limitations and exceptions. Emergency.1st Reading..............................................1872nd Reading............................................ 190C R ............................................................ 298C.O., considered, passed.......................376Engrossed, to H ouse..............................389

SB 169 — by York, et al, of the Senate and Harbin of the House — Revenue and taxation; relating to conditions for sale of fireworks; prohibiting mail-order sales to consumers; requiring sales be made only at licensed retail locations. Emergency.1st Reading..............................................1872nd Reading............................................ 190CR.............................................................244C.O., considered, passed.......................262Engrossed, to H ouse..............................267Enrolled, to House..................................458To Governor............................................458Approved March 25, 1983 ....................468

SB 170 — by Winn — Wills and succession; clarifying method of distribution of shares to lineal descendants; modifying method of distribution of shares to children of deceased brothers and sisters. Effective date.1 St Reading.............................................1912nd Reading............................................ 196

SB 171 — by Howell of the Senate and Lewis of the House — Public finance; relating to depositories and public funds; directing investment of funds; allowing deposit of public funds in insured financial institutions. Emergency.1st Reading..............................................1912nd Reading............................................ 196C R .............................................................293G.O., considered, failed........................ 415ML; adopted, failed........................ 416;437

SB 172 — by Howell of the Senate and Henry of the House — Corporation Commission; requiring notification and Commission approval of acquisition, control or merger of domestic utilities. Effective date.1 St Reading..............................................1912nd Reading............................................ 196C R .............................................................275G.O., considered, passed.......................351Engrossed, to H ouse..............................358HAs read ................................................. 601HAs rejected, conference requested,

SCs named.......................................... 636Conference granted, HCs named..........661CCR read................................................. 779CCR adopted, passed, to House............784Enrolled, to House.................................. 825To Governor............................................ 831Approved June 23, 1983

SB 173 — by Green of the Senate and Lawter of the House — Corporations; relating to provisions, procedures or requirements for corporations; modifying procedures for execution and contents of articles of incorporation. Emergency.1st Reading..............................................1912nd Reading............................................ 196


C R .............................................................298G.O., considered, passed.......................317Engrossed, to H ouse.............................. 325Enrolled, to House.................................. 599To Governor............................................ 603Approved May 9, 1983..........................619

SB 174 — by Pierce of the Senate and Koppel of the House — Labor; exempting amusement parks owned and operated by nonprofit corporations from inspection fees. Emergency.1st Reading..............................................1912nd Reading............................................ 196C R .............................................................298G.O., considered, passed....................... 390Engrossed, to H ouse..............................401HAs read ..................................................544HAs adopted, passed..............................565Enrolled, to House.................................. 569To Governor............................................ 572Approved May 9, 1983 ..........................619

SB 175 — by Luton of the Senate and Davis (Guy) of the House — Insurance; relating to limitations under medical coverage in motor vehicle liability insurance; stating legislative intent to prohibit limitations in policies. Effective date.1st Reading..............................................1912nd Reading.............................................196CR.............................................................298G.O., considered, passed.......................429Engrossed, to H ouse..............................447

SB 176 — by Kilpatrick of the Senate and Brown of the House — Cities and towns and courts; allowing municipalities costs and stating maximum amount; reimbursement for Law Enforcement Training Fund. Operative date. Emergency.1st Reading..............................................1922nd Reading............................................ 196CR.............................................................298G.O., considered, passed.......................433Engrossed, to H ouse..............................447HAs read ..................................................696HAs rejected, conference requested,

SCs named...........................................752

Conference granted, HCs named........... 763CCR read................................................. 836CCR adopted, passed, to House........... 851Enrolled, to House.................................. 869To Governor............................................869Approved June 24, 1983

SB 177 — by O’Connor of the Senate and Abbott, et al, of the House — Motor vehicles; adding law enforcement officers of Oklahoma State Board of Pharmacy to Law Enforcement Retirement System; increasing membership of board. Emergency.1st Reading..............................................1922nd Reading............................................ 196C R .............................................................293G.O., considered, passed.......................346Engrossed, to H ouse..............................358HAs read ................................................. 521HAs rejected, conference requested ....526 Referred to Special Conference

on Retirement Laws........................... 526Conference granted. Special Conference

on Retirement Law s........................... 605Died in conference

SB 178 — by Leonard — Civil procedure; specifying duties of court clerk; providing for fees collected by court clerks to process passports. Emergency.1st Reading..............................................1962nd Reading............................................206

SB 179 — by Clifton, et al, of the Senate and Lewis, et al, of the House — Criminal procedure; relating to arrest warrants and disposition of exhibits; modifying procedures; providing procedure for admissibility of evidence. Effective date.1st Reading..............................................1962nd Reading............................................206CR.............................................................293G.O., considered, passed....................... 305Engrossed, to H ouse..............................311HAs read ................................................. 566Motion to adopt failed........................... 631HAs rejected, conference requested ....631Conference granted, HCs named..........631SCs named...............................................644


CCR read................................................. 741CCR failed...............................................809CCR rejected, further

conference requested..........................813Further conference granted.................... 8132nd CCR read ......................................... 8362nd CCR adopted, passed,

to House...............................................841Enrolled, to House.................................. 863To Governor............................................863Approved June 23, 1983

SB 180 — by Cullison — Insurance; relating to uninsured motorist coverage; establishing limits on liability. Effective date. Emergency.1st Reading.............................................1962nd Reading........................................... 206

SB 181 — by Landis, et al, of the Senate and Mentzer of the House — Revenue and taxation; relating to Gross Production Tax Code; authorizing certain law enforcement officers to stop and inspect invoices or load ticket during transit. Emergency.1st Reading.............................................1962nd Reading........................................... 206CR............................................................293G.O., considered, passed...................... 375Engrossed, to H ouse............................. 389

SB 182 — by Clifton of the Senate and Lewis, et al, of the House — Criminal procedure; relating to limitations on commencement of prosecutions; providing statute of limitations period for criminal conspiracy and certain acts against minors. Effective date.1st Reading..............................................1962nd Reading............................................206C R .............................................................293G.O., considered, passed.......................306Engrossed, to H ouse..............................311HAs read ................................................. 521HAs adopted, passed..............................539Enrolled, to House.................................. 544To Governor............................................553Approved April 29 1983........................ 568

SB 183 — by Shedrick of the Senate and Abbott of the House — Public retirement systems; relating to firefighters, law enforcement and teachers retirement systems; reducing periods of amortization of accrued unfunded liability. Effective date.1st Reading.............................................1962nd Reading........................................... 206CR............................................................ 266G.O., considered, passed...................... 271Engrossed, to H ouse............................. 211HAs read .................................................493HAs rejected, conference requested ....494 Referred to Special Conference

on Retirement Laws.......................... 494Conference granted. Special Conference

on Retirement Laws.......................... 605Died in conference

SB 184 — by Cain of the Senate and Hobson of the House — State government; relating to affidavits; deleting requirement of noncollusion affidavit for claims and retaining requirement for contracts. Emergency.1st Reading.............................................1972nd Reading........................................... 206CR............................................................ 293G.O., considered, passed...................... 306Engrossed, to H ouse............................. 311

SB 185 — by Pierce — Insurance; relating to examination and audit of domestic companies; allowing satisfaction of requirement for examination by certified public accountant selected by insurer; prohibiting charge. Emergency.1st Reading..............................................1972nd Reading............................................206

SB 186 — by Smith, et al, of the Senate and Whorton, et al, of the House — Motor vehicles; providing punishment of motor vehicle operators with certain blood or breath alcohol concentration involved in personal injury accidents. Describing punishments and fines. Emergency.1st Reading .............................................. 1972nd Reading............................................206CR.............................................................275


G.O., considered, passed............. 291; 307Engrossed, to H ouse.............................. 311Enrolled, to House.................................. 501To Governor............................................505Approved April 21, 1983....................... 523

SB 187 — by Stipe of the Senate and Anderson, et al, of the House — Cities and towns; relating to political activities by municipal employees; removing superseding provisions of certain federal statutes. Emergency.1st Reading..............................................1972nd Reading............................................206CR.............................................................269G.O., considered, passed.......................291Engrossed, to H ouse..............................295Enrolled, to House.................................. 519To Governor............................................522Vetoed April 26, 1983........................... 540

SB 188 — by Terrill of the Senate and Henry of the House — Schools; strengthening methods of administering employer- employee relations. Emergency.1st Reading..............................................1972nd Reading............................................ 206CR.............................................................298G.O., considered, passed............. 416; 435Engrossed, to H ouse..............................447HAs read ..................................................578HAs adopted, passed..............................645ML; tabled.............................................. 646; 652Enrolled, to House.................................. 659To Governor............................................ 666Approved May 17, 1983 .......................683

SB 189 — by Terrill of the Senate and Barker of the House — Consumer Credit Code; relating to changes in terms of revolving loan accounts; providing written notice shall not be required if change is of class defined by rule as not requiring advance notice. Emergency.1st Reading..............................................1982nd Reading............................................ 206C R .............................................................293G.O., considered, passed....................... 375Engrossed, to H ouse..............................389

Enrolled, to House.................................. 651To Governor............................................655Approved May 17, 1983 .......................683

SB 190 — by Smith of the Senate and Williamson of the House — Revenue and taxation; relating to certificate tax deed or resale tax deed; deleting provision deed shall not convey any other interest. Effective date.1st Reading..............................................1982nd Reading............................................206

SB 191 — by Smith of the Senate and Davis (Erank) of the House — Officers; relating to Political Subdivision Tort Claims Act; changing name to Oklahoma Tort Claims Act which includes State of Oklahoma; deleting interest rate on judgments; modifying venue. Emergency.1st Reading..............................................1982nd Reading............................................ 206CR.............................................................298G.O., considered, passed....................... 366Engrossed, to H ouse..............................372

SB 192 — by McDaniel — Waters and water rights; relating to Interlocal Cooperation Act, which relates to regional water distribution districts; procedures to establish regional water districts. Effective date. Emergency.1st Reading............................................. 2072nd Reading............................................218

SB 193 — by Winn of the Senate and Reimer, et al, of the House — Agriculture; making mammal control agents subject to Merit System of Personnel Administration Act. Effective date.1st Reading............................................. 2082nd Reading............................................218CR.............................................................293G.O., considered, passed....................... 367Engrossed, to H ouse..............................372HAs read ................................................. 666HAs adopted, passed..............................707Enrolled, to House.................................. 712To Governor............................................719Approved May 26, 1983 .......................726


SB 194 — by Dennis of the Senate and Williamson of the House — Civil procedure; providing for discovery of existence and contents of insurance agreements; requiring nonadmissibility into evidence at trial; providing exception; limiting attorneys’ contracts. Emergency.1st Reading............................................. 2082nd Reading............................................218C R .............................................................293G.O., considered, passed.......................415ML; tabled......................................415; 428Engrossed, to H ouse..............................447

SB 195 — by Wright, et al, of the Senate and Clark, et al, of the House — Crimes and punishments; relating to fines; increasing limit of fine. Emergency.1st Reading............................................. 2082nd Reading............................................218CR.............................................................298G.O., considered, passed....................... 348Engrossed, to H ouse..............................358HAs read ................................................. 521HAs adopted, passed..............................538Enrolled, to House.................................. 544To Governor............................................553Approved April 29, 1983....................... 568

SB 196 — by Landis — Revenue and taxation; relating to minimum requirements and additional regulation of fireworks by city ordinance; imposing minimum requirements; providing proper regulation.1st Reading.............................................2082nd Reading........................................... 218

SB 197 — by Giles — Revenue and taxation; exempting certain oil and gas well production from taxation for limited periods of time; reapportioning tax to include Statewide Water Development Revolving Fund. Emergency.1st Reading............................................. 2082nd Reading............................................218Change in committee

assignment.......................................... 526

SB 198 — by Capps of the Senate and Sherrer of the House — Agriculture; defining coated seed; requiring labeling of coated seed; raising seed dealer license fee; requiring out-of-state dealers to obtain license. Effective date.1st Reading.............................................2082nd Reading............................................218C R .............................................................275G.O., considered, passed.............348; 349ML; engrossed, to House.......................401Enrolled, to House.................................. 559To Governor............................................562Approved May 3, 1983 ..........................598

SB 199 — by Capps of the Senate and Sherrer of the House — Agriculture; raising license and inspection fees for nursery stock growers and dealers; deleting placement of certificate on tag or poster. Effective date.1st Reading............................................. 2082nd Reading............................................218C R .............................................................275G.O., considered, passed....................... 349Engrossed, to H ouse.............................. 358HAs read ..................................................644HAs adopted, failed................................. 701ML; engrossed, to House.........................401Enrolled, to House.................................. 559To Governor............................................ 726Approved May 31, 1983 .......................736

SB 200 — by York, et al, of the Senate and Draper, et al, of the House — Soldiers and sailors and state government; Special Disabled Veterans Employment Act. Emergency.1st Reading............................................. 2092nd Reading............................................218C R .............................................................298G.O., considered, passed.......................424Engrossed, to H ouse..............................427HAs read ..................................................678HAs rejected, conference requested,

SCs named.......................................... 695Conference granted, HCs named..........707CCR read..................................................726CCR adopted, passed, to House........... 744Enrolled, to House.................................. 751


To Governor............................................756Approved June 7, 1983 ..........................763

SB 201 — by McCune of the Senate and Atkinson of the House — Revenue and taxation; establishing program of eollection assistance to state agencies; providing for collection expenses. Effective date.1st Reading............................................. 2092nd Reading............................................ 218CR.............................................................266G.O., considered, passed.......................290Engrossed, to H ouse.............................. 295

SB 202 — by Cate of the Senate and Hobson of the House — Crimes and punishments; including “ rip-off” and “ pull-tab” games in definition of bingo games; increasing prize limits. Emergency.1st Reading............................................. 2092nd Reading............................................218CR.............................................................309G.O., considered, failed........................ 434ML; adopted...................................435; 452WD; rereferred........................................453

SB 203 — by Luton of the Senate and Barker of the House — Schools; relating to independent school board elections; modifying candidates filing dates; providing for audits. Emergency.1st Reading............................................. 2092nd Reading............................................ 218C R .............................................................266G.O., considered, passed.......................278Engrossed, to H ouse..............................285HAs read ..................................................686HAs adopted, passed.............................. 830Enrolled, to House.................................. 834To Governor............................................ 839Approved June 23, 1983

SB 204 — by Luton, et al, of the Senate and Monks, et al, of the House — State government; relating to certified teachers under Merit System of Personnel Administration; stipulating minimum salaries; allowing full credit for past teaching experience. Emergency.

1st Reading............................................. 2092nd Reading............................................218C R ............................................................ 266G.O., considered, passed.......................278Engrossed, to H ouse..............................285HAs read ................................................. 578HAs rejected, conference requested,

SCs named.......................................... 673Conference granted, HCs named..........680CCR read................................................. 867Conferees unable to agree..................... 867Returned to Calendar; HAs ...................867

SB 205 — by Schuelein of the Senate and Vaughn of the House — Mines and mining; allowing successor in interest to permittee to continue mining and reclamation operations under certain conditions; establishing small of)erator assistance program. Emergency.1st Reading............................................. 2092nd Reading............................................218C R .............................................................309G.O., considered, passed.......................421Engrossed, to H ouse..............................427Enrolled, to House.................................. 493To Governor............................................499Approved April 20, 1983.......................517

SB 206 — by Leonard of the Senate and Hill of the House — Crimes and punishments; relating to trespass; requiring permission to enter certain posted property; providing penalties; defining term. Effective date.1st Reading............................................. 2092nd Reading............................................218CR.............................................................298G.O., considered, passed....................... 330Engrossed, to H ouse.............................. 339HAs read ................................................. 556HAs rejected, conference requested,

SCs named.......................................... 562Conference granted, HCs named.......... 606CCR read................................................. 789CCR adopted, passed, to House............794Enrolled, to House.................................. 845To Governor............................................ 852Approved June 23, 1983


SB 207 — by Rozell of the Senate and Davis (Guy) of the House — Motor vehicles; relating to oversized and overloaded trucks and bond schedules; reporting of accidents involving damages to architectural structure for public use. Effective date. Emergency.1st Reading............................................. 2182nd Reading............................................226C R .............................................................294G.O., considered, passed.............330; 366Engrossed, to H ouse............................. 372

SB 208 — by Hopkins of the Senate and Monks of the House — Motor vehicles; requiring registration when owner becomes employed in this state. Emergency.1st Reading............................................. 2192nd Reading............................................226C R .............................................................294G.O., considered, passed.......................376Engrossed, to H ouse..............................389

SB 209 — by Hopkins of the Senate and Brown, et al, of the House — Crimes and punishments; authorizing off-duty peace officers to carry their weapons, with limitat- tions. Emergency.1st Reading............................................. 2192nd Reading............................................226C R .............................................................298G.O., considered, failed........................ 340ML; adopted, passed............................. 341; 362Engrossed, to H ouse..............................372Enrolled, to House.................................. 651To Governor............................................655Recalled from Governor;

to House..............................................678; 6834th Reading and signing

rescinded............................................. 687HAs read ..................................................837HAs adopted, failed............................... 846ML; adopted, passed............................. 846; 856Enrolled, to House.................................. 862To Governor............................................862Approved June 23, 1983

SB 210 — by Taliaferro — Public healthand safety; rem oving exclu sive jurisdictiono f Corporation C om m ission over deleterious

substances produced with production of oil and gas. Emergency.1st Reading.............................................2192nd Reading........................................... 226

SB 211 — by Taliaferro — Damages; relating to contributory negligence; limiting liability to percentage of negligence. Effective date.1st Reading............................................. 2192nd Reading............................................226

SB 212 — by Capps of the Senate and Sherrer, et al, of the House — Agriculture; relating to pesticides; modifying and adding definitions; restricting distribution and sale of certain items; requiring pesticide dealers maintain records. Effective date.1st Reading............................................. 2192nd Reading............................................226C R .............................................................275G.O., considered, failed........................ 349ML; adopted, passed.....................350; 384Engrossed, to H ouse.............................. 389HAs read ..................................................656HAs adopted, passed.............................. 781Enrolled, to House.................................. 792To Governor............................................793Approved June 17, 1983 ....................... 832

SB 213 — by York of the Senate and Littlefield of the House — Elections; relating to members of State Election Board; requiring members shall be appointed by Governor; providing for Senate approval. Emergency.1st Reading............................................. 2192nd Reading............................................ 226C R .............................................................309G.O., considered, passed....................... 359Engrossed, to H ouse.............................. 372

SB 214 — by Boatner — Fiscal year; modifying dates of fiscal year for certain entities; providing for legislative funding of operation of state government for certain period. Effective date.1st Reading............................................. 2192nd Reading............................................ 226


SB 215 — by Miller of the Senate and Peterson of the House — Schools; establishing Podiatry Education Assistance Program; making appropriation. Emergency.1st Reading............................................. 2202nd Reading............................................ 226C R .............................................................293G.O., considered, passed.......................433Engrossed, to H ouse..............................447

SB 216 — by Johnson of the Senate and Johnson (Don) of the House — Soldiers and sailors; recreating State Accrediting Agency. Emergency.1st Reading............................................. 2202nd Reading............................................ 226C R .............................................................309G.O., considered, passed....................... 335Engrossed, to H ouse.............................. 339Enrolled, to House.................................. 747To Governor............................................ 750Approved June 7, 1983..........................763

SB 217 — by Johnson of the Senate and Kamas, et al, of the House — Schools; recreating Professional Standards Board; modifying selection and terms of members. Emergency.1st Reading............................................. 2202nd Reading............................................ 226CR.............................................................309G.O., considered, passed....................... 341Engrossed, to H ouse.............................. 345HAs read ..................................................763HAs adopted, passed.............................. 795Enrolled, to House.................................. 802To Governor............................................ 809Approved June 17, 1983 ....................... 832

SB 218 — by Johnson of the Senate and Glover of the House — State Government; recreating Oklahoma Archives and Records Commission. Emergency.1st Reading............................................. 2202nd Reading............................................ 226C R .............................................................283G.O., considered, passed....................... 302Engrossed, to H ouse.............................. 311Enrolled, to House.................................. 747

To Governor............................................750Approved June 7, 1983..........................763

SB 219 — by Johnson of the Senate and Johnson (Don) of the House — Oklahoma Historical Societies and Associations; repealing statutes relating to Oklahoma Military Historical Commission. Emergency.1st Reading............................................. 2202nd Reading............................................226C R .............................................................309G.O., considered, passed.......................334Engrossed, to H ouse.............................. 339Enrolled, to House.................................. 747To Governor............................................750Approved June 7, 1982..........................763

SB 220 — by Johnson of the Senate and Barker of the House — State Capital and Capitol Building; recreating Capitol- Medical Center Improvement and Zoning Commission; changing Commission membership. Emergency.1st Reading............................................. 2202nd Reading............................................226CR.............................................................283G.O., considered, passed.......................303Engrossed, to House ..............................311Enrolled, to House.................................. 747To Governor............................................750Approved June 7, 1983 ..........................763

SB 221 — by Johnson of the Senate and Barker of the House — Schools; repealing statutes relating to University of Oklahoma Health Sciences Center and Health Science Center Planning Committee. Emergency.1st Reading............................................. 2202nd Reading............................................226CR.............................................................283G.O., considered, passed....................... 303Engrossed, to H ouse..............................311Enrolled, to House.................................. 747To Governor............................................750Approved June 6, 1983 ..........................756

SB 222 — by Johnson of the Senate and Barker of the House — Public health and


safety; recreating Health Planning Commission. Emergency.1st Reading............................................. 2202nd Reading............................................226CR.............................................................283G.O., considered, passed.......................304Engrossed, to H ouse..............................311Enrolled, to House.................................. 781To Governor............................................784Approved June 15, 1983 .......................824

SB 223 — by Johnson of the Senate and Sanders of the House — Professions and occupations; recreating Board of Chiropractic Examiners. Emergency.1st Reading........... ............................... 2202nd Reading............................................226C R .............................................................309G.O., considered, passed.......................367Engrossed, to H ouse..............................372HAs read ................................................. 696HAs rejected, conference requested,

SCs named.......................................... 724Conference granted, HCs named.......... 735CCR read................................................. 779CCR adopted, passed, to House............795Enrolled, to House.................................. 845To Governor............................................852Approved June 23, 1983

SB 224 — by Johnson of the Senate and Johnson (Don) of the House — Waters and water rights; recreating Scenic River Commission; limiting years of service in office and modifying duties; requiring fees and audits; deleting scenic river area. Emergency.1st Reading............................................. 2202nd Reading............................................226C R .............................................................283G.O., considered, passed.......................304Engrossed, to H ouse..............................311HAs read ................................................. 786HAs rejected, conference requested,

SCs named.......................................... 796Conference granted, HCs named.......... 799CCR read................................................. 826CCR adopted, passed, to House............828Enrolled, to House.................................. 845To Governor............................................852Approved June 29, 1983

SB 225 — by Stipe of the Senate and Fitzgibbon of the House — Cities and towns; relating to collective bargaining for police and fire departments; modifying definitions; limiting issues for arbitration; modifying method of arbitrator selection. Emergency.1st Reading.............................................2212nd Reading............................................226C R .............................................................298G.O., considered, failed........................ 405ML; adopted...................................405; 429WD; rereferred........................................429

SB 226 — by Howell — Schools; providing for cancellation of school for severe weather conditions or fire for certain period of time. Emergency.1st Reading............................................. 2212nd Reading............................................226

SB 227 — by Howell — Revenue and taxation; removing all school districts from list of recipients of revenue which shall pay revaluation costs. Emergency.1st Reading............................................. 2212nd Reading............................................226Change in committee

assignment...........................................525

SB 228 — by Howell of the Senate and Craighead of the House — Schools; relating to minimum salaries; recognizing experience for purposes of certification and salary increments. Effective date. Emergency.1st Reading............................................. 2212nd Reading............................................ 226C R .............................................................309G.O., considered, passed.......................430Engrossed, to H ouse..............................447Enrolled, to House.................................. 633To Governor............................................644Approved May 17, 1983 .......................683

SB 229 — by Howell of the Senate and Fried of the House — Schools; changing provisions regarding disposal of personal or real property no longer needed by school district. Emergency.1st Reading............................................. 221


2nd Reading............................................226CR.............................................................309G.O., considered, passed.......................430Engrossed, to H ouse..............................447

SB 230— by Stipe, et al, of the Senate and Thompson, et al, of the House — Mines and mining; relating to permits and procedure for reclaiming land; changing time period; deleting certain requirements; allowing benching ofhighwall. Emergency.1st Reading............................................. 2212nd Reading............................................226CR.............................................................275G.O., considered, passed............ 278; 288Engrossed, to H ouse.............. i............. 295HAs read ................................................. 513HAs rejected, conference requested,

SCs named...........................................515Conference granted, HCs named..........526CCR read................................................. 665CCR adopted, passed, to House........... 672Enrolled, to House.................................. 685To Governor............................................687Approved May 23, 1983 .......................702

SB 231 — by Boatner, et al, of the Senate and Brewster of the House — Agriculture; Family Farm Security Act. Effective date.1st Reading............................................. 2212nd Reading............................................226CR.............................................................275G.O., considered, passed.......................428Engrossed, to H ouse..............................447

SB 232 — by Boatner of the Senate and Davis (Guy) of the House — Children; relating to conditions of detention and placement of delinquent children and transportation of juveniles in custody of Department of Human Services; detaining in jail. Emergency.1st Reading............................................. 2212nd Reading............................................226CR.............................................................293G.O., considered, passed.......................350ML; engrossed, to H ouse............351; 401

SB 233 — by Taylor, et al, of the Senate and Boyd of the House — Public health and

safety; prohibiting sludge lagoon or landfill in any county without prior consent by governing body.1st Reading............................................. 2222nd Reading............................................226C R .............................................................309G.O., considered, passed.......................316Engrossed, to H ouse..............................325

SB 234 — by Taylor of the Senate and Boyd of the House — Counties and county officers; relating to fire protection districts and board of directors; modifying terms; providing for lease-purchase of equipment and supplies. Emergency.1st Reading............................................. 2222nd Reading............................................226C R .............................................................298G.O., considered, passed.......................316ML; engrossed, to H ouse............ 316; 358

SB 235 — by Taylor — Public health and safety and worker’s compensation; exempting volunteer civil defense worker from definition of employee and Workers’ Compensation Act and liability for injuries. Effective date.1st Reading............................................. 2222nd Reading............................................226

SB 236 — by McDaniel of the Senate and Brown, et al, of the House — Public health and safety; prohibiting revocation of eye donations except by donor; permitting corneal tissue donations by next of kin; personnel to ascertain eye donors. Effective date. Emergency.1st Reading............................................. 2222nd Reading............................................226C R .............................................................269G.O., considered, passed.......................302Engrossed, to H ouse.............................. 311HAs read ................................................. 570HAs rejected, conference requested,

SCs named.......................................... 575Conference granted, HCs named..........582Died in conference


SB 237 — by Luton of the Senate and Barker, et al, of the House — Contracts; Third Party Prescription Act. Operative date. Emergency.1st Reading............................................. 2222nd Reading............................................226C R ............................................................ 298G.O., considered, passed.......................420Engrossed, to H ouse..............................427Enrolled, to House.................................. 633To Governor............................................644Vetoed May 17, 1983.............................674Veto overridden...................................... 854Filed with Secretary of State................. 868

SB 238 — by Shedrick, et al, of the Senate and Williams (Penny), et al, of the House — State government; requiring longevity payment to employees terminated by reduction in force or retiring from state employment. Emergency.1st Reading............................................. 2222nd Reading............................................226CR.............................................................283G.O., considered, passed.......................335Engrossed, to H ouse..............................339HAs read ................................................. 441HAs adopted, passed..............................448Enrolled, to House..................................451To Governor............................................452Approved March 25, 1983 ................468

SB 239 — by Dennis of the Senate andSherrer of the House — Cemeteries; giving power to charge for burial to cemeteries. Emergency.1st Reading............................................. 2222nd Reading............................................226CR.............................................................294G.O., considered, passed.......................402Engrossed, to H ouse..............................413HAs read................................................. 696HAs rejected, conference requested ....778Conference granted, HCs named........... 778SCs named...............................................789CCR read................................................. 836CCR adopted, passed, to House............ 853Enrolled, to House.................................. 869To Governor............................................869Approved June 24, 1983

SB 240— by Shedrick, et al, of the Senate and Hooper of the House — Registered Public Obligations Act of Oklahoma. Effective date. Emergency.1st Reading............................................. 2272nd Reading............................................252C R .............................................................294G.O., considered, passed...................... 377Engrossed, to H ouse............................. 389HAs read ..................................................570HAs rejected, conference requested,

SCs named.......................................... 574Conference granted, HCs named.......... 601CCR read.................................................719CCR adopted, passed............................ 723Enrolled, to House..................................747To Governor............................................ 750Approved June 6, 1983 ..........................756

SB 241 — by Capps of the Senate and Sherrer of the House — Agriculture; increasing Oklahoma Wheat Commission membership. Effective date.1st Reading............................................. 2272nd Reading............................................252CR.............................................................298WD; rereferred........................................427

SB 242 — by York — Motor vehicles; Motor Vehicle License and Registration Act.1st Reading............................................. 2272nd Reading............................................252

SB 243 — by Wright — Criminal procedure; providing evidence seized in violation of constitutional rights not be suppressed unless violation was substantial and not in good faith; determination. Emergency.1st Reading............................................. 2282nd Reading............................................252

SB 244 — by Cullison of the Senate and Williams (Penny) of the House — State government; relating to surety bonds for state officials and employees; permitting increased blanket bond coverage if inadequate to be paid by requesting state government body. Effective date.


1st Reading.............................................2282nd Reading........................................... 252C R ............................................................293G.O., considered, passed...................... 393Engrossed, to House ............................. 401Enrolled, to House................................. 673To Governor........................................... 674Approved May 19, 1983 ...................... 693

SB 245 — by Moore of the Senate and Fair of the House — Cities and towns; requiring certification of building code or fire code inspectors in municipalities; providing procedures. Emergency.1st Reading.............................................2282nd Reading........................................... 252CR............................................................ 293G.O., considered, failed........................345

SB 246 — by Porter of the Senate and Williams (Freddye), et al, of the House — Definitions and general provisions; adding Dr. Martin Luther King, Jr.’s birthday as holiday in Oklahoma. Effective date.1st Reading............................................. 2282nd Reading............................................252

SB 247 — by Ford of the Senate and Clark of the House — Cities and towns; relating to property assessment for improvement districts; allowing exemption of property used by religious organizations for religious purposes from assessment. Emergency.1st Reading............................................. 2282nd Reading............................................252CR.............................................................294G.O., considered, failed........................ 335ML; adopted, passed.....................335; 365Engrossed, to H ouse..............................372HAs read ..................................................644HAs adopted, passed..............................692Enrolled, to House.................................. 695To Governor............................................702Approved May 26, 1983 .......................736

SB 248 — by Randle of the Senate and Fried of the House — Constitutional amendment; relating to property exempt from taxation; limiting exemption to nonprofit schools.

1st Reading............................................. 2292nd Reading............................................252CR.............................................................298G.O., considered, passed.......................391Engrossed, to H ouse..............................401

SB 249 — by McCune of the Senate and Harbin of the House — Definitions and general provisions; relating to Open Meeting Act; allowing Pardon and Parole Board to hold executive sessions. Effective date.1st Reading............................................. 2292nd Reading............................................252C R .............................................................298G.O., considered, passed.......................318Engrossed, to H ouse..............................325

SB 250 — by Smith, et al, of the Senate and Anderson of the House — Revenue and taxation; providing personal property leased by bank to nonbanking entity or individual is not exempt from personal property ad valorem taxation; requiring lists of taxable property. Emergency.1st Reading............................................. 2292nd Reading............................................252C R .............................................................293G.O., considered, passed.......................377Engrossed, to H ouse..............................389HAs read ................................................. 570HAs rejected, conference requested.

SCs named...........................................574Conference granted, HCs named.......... 582CCR read................................................. 779CCR adopted, passed, to House............798Enrolled, to House.................................. 845To Governor............................................852Approved June 24, 1983

SB 251 — by Smith of the Senate and Williamson of the House — Courts; fixing boundaries of Supreme Court judicial districts. Emergency.1st Reading............................................. 2292nd Reading............................................252CR.............................................................298WD; rereferred........................................452


SB 252 — by Watson — Intoxicating liquors; requiring nonintoxicating beverages to be sold at ordinary room temperature; providing exceptions. Effective date.1st Reading............................................. 2292nd Reading............................................252

SB 253 — by Watson — Public health and safety; Multiphasic Health-Screening Law. Effective date.1st Reading............................................. 2292nd Reading............................................252

SB 254 — by Cate of the Senate and Hobson of the House — Motor vehicles; relating to wreckers and towing services; expanding and adding terms; authorizing Department of Public Safety to supervise, govern and control vehicles. Effective date. Emergency.1st Reading............................................. 2292nd Reading............................................252C R ............................................................ 298G.O., considered, passed...................... 437Engrossed, to H ouse............................. 447HAs read ................................................. 578HAs adopted, passed..............................616Enrolled, to House..................................622To Governor............................................625Approved May 12, 1983 .......................656

SB 255 — by Rozell — Game and fish; relating to Oklahoma Wildlife Conservation Department Retirement Fund; exempting certain income from taxation. Emergency.1st Reading............................................. 2292nd Reading............................................252

SB 256 — by O’Connor of the Senate and Widener, et al, of the House — Counties and county officers; allowing county commissioners to provide courtroom and related facilities in cities.1st Reading............................................. 2292nd Reading............................................252C R .............................................................293G.O., considered, passed....................... 368Engrossed, to H ouse..............................372Enrolled, to House.................................. 501

To Governor........................................... 505Approved April 20, 1983.......................517

SB 257 — by York, et al, of the Senate and Lewis of the House — Counties and county officers; relating to duties of county purchasing agent; raising maximum total amount of rental or lease-purchase agreements.1st Reading............................................. 2292nd Reading............................................252C R .............................................................293G.O., considered, passed.......................432Engrossed, to H ouse..............................447

SB 258 — by York, et al, of the Senate and Lewis of the House — Counties and county officers; relating to duties of county purchasing agent; raising maximum amount of certain purchases.1st Reading............................................. 2302nd Reading............................................252C R .............................................................293G.O., considered, passed................ 433Engrossed, to H ouse..............................447

SB 259 — by Randle of the Senate and Kelly of the House — State government; relating to Industrial Development Loan Fund; increasing bond interest rates.1st Reading.............................................2302nd Reading........................................... 252C R ............................................................ 293G.O., considered, passed.......................436Engrossed, to H ouse..............................447Enrolled, to House.................................. 633To Governor............................................644Approved May 12, 1983 .......................656

SB 260 — by McDaniel — State government; creating senatorial district offices; providing for office expense allowance; providing for full-time or part-time legislative assistants; requiring report. Effective date.1st Reading............................................. 2302nd Reading............................................252

SB 261 — by McDaniel of the Senate and Henry of the House — Elections; Oklahoma


Campaign Finance and Reporting Act; creating Election Law Enforcement Commission.1st Reading............................................. 2302nd Reading............................................252C R .............................................................294WD; rereferred........................................414

SB 262 — by Young of the Senate and Brewster of the House — Roads, bridges and ferries; Oklahoma Rural Roads Inventory Act. Emergency.1st Reading............................................. 2312nd Reading............................................252CR.............................................................294G.O., considered, passed.......................341Engrossed, to H ouse..............................345HAs read ..................................... 656HAs rejected, conference requested,

SCs named..........................................671Conference granted, HCs named..........678CCR read................................................. 750CCR adopted, passed, to House........... 769Enrolled, to House..................................781To Governor............................................784Approved June 15, 1983 ....................... 824

SB 263 — by Johnson of the Senate and Johnson (Don) of the House — State government; relating to Oklahoma Sunset Law; modifying definitions; providing for review of certain state agencies; providing for initial review during interim. Emergency.1st Reading............................................. 2312nd Reading............................................252CR.............................................................294G.O., considered, passed....................... 341Engrossed, to H ouse..............................345HAs read ..................................................756HAs rejected, conference requested,

SCs named.......................................... 760Conference granted, HCs named..........774CCR read..................................................826CCR adopted, passed, to House........... 837Enrolled, to House.................................. 869To Governor............................................ 869Approved June 29, 1983

SB 264 — by Johnson — Public health and safety; Returnable Beverage Container Management Act. Effective date.

1st Reading ■............................................. 2312nd Reading............................................252

SB 265 — by Pierce — Revenue and taxation; replacing Tax Commission with Tax Commissioner; providing for appointment, term of office, removal and vacancy in office. Effective date.1st Reading............................................. 2322nd Reading............................................252

SB 266 — by Cain of the Senate and Mentzer of the House — Poor persons; requiring corporation to make certain information available to Department of Human Services upon request. Emergency.1st Reading.............................................2322nd Reading........................................... 252C R ............................................................309G.O., considered, passed...................... 379Engrossed, to House ............................. 389

SB 267 — by Shedrick of the Senate and Johnson (Don), et al, of the House — Public health and safety; prohibiting person from establishing regional solid waste management district unless procedures are followed and election held. Emergency.1st Reading.............................................2322nd Reading........................................... 252CR............................................................275G.O., considered, passed...................... 307Engrossed, to House ............................. 311HAs read .................................................544HAs rejected, conference requested,

SCs named..........................................549Conference granted, HCs named..........566CCR read.................................................679CCR adopted, passed, to House........... 687Enrolled, to House.................................. 712To Governor............................................719Approved May 31, 1983 .......................736

SB 268 — by Terrill of the Senate and Holden of the House — Insurance; rates and rating organizations; modifying requirements for commissioner; guaranteeing freedom of contracts; removing certain con


siderations in determination of rates. Effective date.1st Reading.............................................2322nd Reading........................................... 252C R ............................................................298G.O., considered.................................... 384WD; rereferred.......................................384

SB 269 — by Terrill of the Senate and Duckett of the House — Mental health; authorizing Department of Mental Health to purchase certain vehicles and equipment including handicapped-equipped transportation vehicles and vans. Emergency.1st Reading.............................................2322nd Reading........................................... 252C R ............................................................309G.O., considered, passed...................... 352Engrossed, to H ouse............................. 358

SB 270 — by Terrill — Revenue and taxation; relating to boards of tax roll corrections; requiring boards to furnish recipients of ad valorem tax monies information prior to any hearing by boards; allowing appeal.1st Reading............................................. 2322nd Reading............................................252

SB 271 — by Terrill of the Senate and Duckett of the House — Children; relating to determination of placement and treatment needs of children; authorizing placement in private mental facility under certain conditions. Emergency.1st Reading............................................. 2322nd Reading............................................252CR.............................................................298G.O., considered, passed.......................352Engrossed, to H ouse..............................358HAs read ................................................. 670HAs rejected, conference requested,

SCs named.......................................... 674Conference granted, HCs named..........678CCR read................................................. 741CCR adopted, passed, to House........... 754CCR rejected, further

conference requested...................... ...789Further conference granted.................... 7962nd CCR read ......................................... 836

2nd CCR adopted, passed, to House ...842Enrolled, to House.................................. 863To Governor............................................863Approved June 23, 1983

SB 272 — by Green of the Senate and Vaughn of the House — Railroads; relating to warning signal devices; providing Department of Transportation shall regulate warning signal devices. Effective date.1st Reading............................................. 2322nd Reading............................................252C R .............................................................294G.O., considered, passed.......................407Engrossed, to H ouse..............................413

SB 273 — by Taliaferro of the Senate and Glover of the House — Corporations; allowing conversion of grain elevator corporations to cooperatives; requiring approval of board of trustees or board of directors; contents of articles of incorporation. Emergency.1st Reading............................................. 2332nd Reading............................................252C R .............................................................298G.O., considered, passed.......................367Engrossed, to H ouse.............................. 372

SB 274 — by McDaniel of the Senate and Fitzgibbon, et al, of the House — Department of Public Safety; relating to Commissioner, Governor and Lieutenant Governor, dignitaries. Governor’s mansion and travel expenses; providing protection officers. Emergency.1st Reading............................................. 2332nd Reading............................................252C R .............................................................298G.O., considered, passed....................... 392-Engrossed, to House ..............................401HAs read ..................................................535HAs rejected, conference requested,

SCs named...........................................538Conference granted, HCs named..........549CCR read..................................................719Considered and deferred........................ 749CCR adopted, passed.............................753ML; to House................................ 753; 779


SB 275 — by Landis — Damages; providing for contributory negligence defense under comparative negligence rules in products liability action. Effective date.1st Reading............................................. 2332nd Reading............................................252

SB 276 — by Roberts of the Senate and Brewster of the House — Crimes and punishments; defining sawed-off shotguns and rifles. Emergency.1st Reading.............................................2332nd Reading........................................... 252CR............................................................ 298G.O., considered, passed...................... 372Engrossed, to H ouse............................. 389HAs read .................................................601HAs adopted, passed............................. 724Enrolled, to House..................................728To Governor........................................... 733Approved June 2, 1983 ......................... 750

SB 277 — by Roberts of the Senate and Brewster of the House — Crimes and punishments; relating to entering buildings or structures with certain intent; providing for punishment of breaking and entering without certain intent. Emergency.1st Reading.............................................2332nd Reading............................................252CR.............................................................298G.O., considered, passed....................... 318Engrossed, to H ouse.............................. 325

SB 278 — by Howell — Schools; providing for designation of Assistant Attorney General as hearing judge for teacher termination. Emergency.1st Reading............................................. 2332nd Reading............................................252

SB 279 — by Clifton of the Senate and Henry of the House — Liens; relating to proceeds of building or remodeling contracts, mortgages or warranty deeds as trust

Enrolled, to H ou se..........................................845To G overn or..................................................... 852Approved June 23 , 1983

funds for payment of lienable claims; trust funds to allow filing of liens. Effective date.1st Reading............................................. 2332nd Reading............................................252CR.............................................................294G.O., considered, passed.......................368Engrossed, to H ouse..............................372Enrolled, to House.................................. 622To Governor............................................625Approved May 12, 1983 .......................656

SB 280 — by Green of the Senate and Henshaw of the House — Counties and county officers; relating to office of electrical inspector; requiring violations be reported to city or district courts; deleting certain power of investigator. Emergency.1st Reading............................................. 2332nd Reading............................................252C R .............................................................294G.O., considered, passed...................... 421Engrossed, to House ..............................427Enrolled, to House.................................. 569To Governor............................................572Approved May 9, 1983 ..........................619

SB 281 — by Terrill of the Senate and Anderson, et al, of the House — Insurance; requiring health insurance policies to include coverage for alcohol and drug dependencies; requiring coverage to be on same basis as coverage for other benefits. Effective date. Emergency.1st Reading............................................. 2342nd Reading............................................252C R .............................................................309G.O., considered, failed........................ 353ML; tabled......................................353; 392

SB 282 — by Terrill of the Senate and Baughman, et al, of the House — State Government; exempting Department of Mental Health from Data Processing Planning and Management Act; exempting Oklahoma Ordnance Works Authority from Administrative Procedures Act.1st Reading............................................. 2342nd Reading............................................252C R .............................................................298


G.O., considered, passed.......................352Engrossed, to H ouse..............................358HAs read ................................................. 570HAs rejected, conference requested ....597SCs named...............................................600Conference granted, HCs named.......... 626CCR read................................................. 779CCR adopted, passed, to House............798Enrolled, to House.................................. 869To Governor............................................869Approved June 28, 1983

SB 283 — by Cain, et al, of the Senate and McCorkell of the House — Children; requiring Department of Human Services, licensed child-placing agencies and certified adoption agencies to provide information; exemptions from act; requiring notice. Emergency.1st Reading............................................. 2342nd Reading............................................252C R .............................................................309G.O., considered, passed...................... 380Engrossed, to H ouse............................. 389HAs read ................................................. 670HAs rejected, conference requested,

SCs named.......................................... 695Conference granted, HCs named.......... 710CCR read................................................. 826CCR adopted, passed, to House........... 840Enrolled, to House.................................. 869To Governor............................................869Approved June 28, 1983

SB 284 — by Cain — Public health and safety; Older Oklahomans Act. Effective date.1st Reading............................................. 2342nd Reading............................................252

SB 285 — by Combs, et al, of the Senate and Draper of the House — Revenue and taxation; relating to tax reporting requirements, due dates and penalties, increasing penalties for delinquent taxes. Emergency.1st Reading............................................. 2342nd Reading............................................252C R .............................................................260G.O., considered, passed.......................263ML; W D ........................................ 263; 264

Engrossed, to H ouse............................. 266HAs read .................................................372HAs rejected, conference requested,

SCs named...........................................380Conference granted, HCs named............384CCR read..................................................389CCR adopted, passed, to House..............389Enrolled, to House.................................. 413To Governor............................................423Approved March 24, 1983 ...................... 458

SB 286 — by Cate, et al, of the Senate and Hobson of the House — Counties and county officers; requiring district attorney to provide narrative report of offense for all offenders sentenced to incarceration for more than two years. Effective date.1st Reading............................................. 2342nd Reading............................................252CR.............................................................298G.O., considered, passed....................... 317Engrossed, to House ............................. 325HAs read ..................................................535HAs rejected, conference requested,

SCs named.......................................... 538Conference granted, HCs named...........554CCR read..................................................836CCR adopted, passed, to House............839Enrolled, to House.................................. 869To Governor............................................ 869Approved June 27, 1983

SB 287 — by Roberts of the Senate and Brewster of the House — Criminal procedure; relating to stolen property; providing for custody of property reasonably believed to have been stolen; providing procedure for return of property to owner. Emergency.1st Reading............................................. 2342nd Reading............................................252CR.............................................................298G.O., considered, passed....................... 319Engrossed, to H ouse.............................. 325HAs read ..................................................656HAs rejected, conference requested,

SCs named.......................................... 671Conference granted, HCs named.......... 678Died in conference


SB 288 — by Green — State Board of Public Affairs; creating Department of Public Affairs; changing name of State Board of Public Affairs to Department of Public Affairs; providing for appointment of Director. Effective date.1st Reading............................................2352nd Reading.......................................... 252

SB 289 -r- by Clifton of the Senate and Lewis of the House — Liens; requiring mortgagee to obtain written statement by mortgagor and written lien waivers; allowing bond as alternative; limiting liability. Effective date.1st Reading................................ , ...........2352nd Reading............................................253CR.............................................................298WD; rereferred........................................438

SB 290 — by Cate — Relating to anthropological, archaeological and historical societies and associations; requiring donations of discoveries from state lands; removing requirements on federal and private lands. Effective date.1st Reading............................................. 2352nd Reading............................................253

SB 291 — by Cullison — Revenue and taxation; deleting references to board of tax roll corrections; providing county board of equalization shall assume duties and reponsi- bilities. Effective date.1st Reading............................................. 2362nd Reading............................................253

SB 292 — by Stipe, et al, of the Senate and Harbin, et al, of the House — Prisons and reformatories; authorizing Department of Corrections to purchase items and engage personnel in programs utilizing prisoners’ services; requiring purchases by state agencies. Emergency.1st Reading............................................. 2362nd Reading............................................253C R .............................................................298G.O., considered, passed........ ..............404Engrossed, to H ouse..............................413

SB 293 — by Clifton, et al, of the Senate and Henry of the House — Wills and trusts; which provide for construction of marital deduction formula allowed under Economic Recovery Tax Act of 1981, prior to December 31, 1981. Emergency.1st Reading............................................. 2362nd Reading............................................253CR.............................................................298G.O., considered, passed.......................379Engrossed, to H ouse..............................389Enrolled, to House.................................. 651To Governor............................................655Approved May 17, 1983 .......................683

SB 294 — by Howell of the Senate and Fried of the House — Higher education; relating to tuition and enrollment fees; changing fees and approving certain fees. Emergency.1st Reading............................................. 2362nd Reading............................................253C R ............................................................ 309G.O., considered, passed.......................406Engrossed, to H ouse..............................413HAs read ................................................. 818HAs adopted, passed..............................819Enrolled, to House.................................. 825To Governor............................................831Approved June 21, 1983 .......................863

SB 295 — by Johnson — Prisons and reformatories; establishing system of regional detention centers; providing restrictions. Effective date.1st Reading............................................. 2362nd Reading............................................253

SB 296 — by Boatner, et al, of the Senate and Harbin of the House — Courts; prohibiting suspension of retirement compensation of retired justices orjudges under certain circumstances; providing exceptions. Emergency.1st Reading............................................. 236

Enrolled, to H ou se ......................................... 508To G overnor..................................................... 512Approved April 26 , 1 9 8 3 ............................ 540


2nd Reading............................................253CR............................................................ 485G.O., considered, passed...................... 539Engrossed, to H ouse..............................544Enrolled, to House..................................651To Governor........................................... 655Approved May 17, 1983 .......................683

SB 297 — by Terrill of the Senate and Duckett of the House — Mental health; changing Community Mental Health Board to Alcohol, Drug Abuse and Community Mental Health Planning Coordination Board; authorizing development of plans. Effective date. Emergency.1st Reading............................................. 2362nd Reading............................................253C R ............................................................ 309G.O., considered, passed...................... 380Engrossed, to H ouse............................. 389HAs read ................................................. 656HAs rejected, conference requested,

SCs named.......................................... 670Conference granted, HCs named..........678CCR read.................................................845CCR adopted, passed, to House........... 859Enrolled, to House.................................. 869To Governor............................................869Approved June 27, 1983

SB 298 — by Cullison of the Senate and Anderson of the House — Counties and county officers; relating to county employees’ retirement system; providing employees with twenty years service may under certain circumstances retire at age fifty-five. Effective date.1st Reading............................................. 2372nd Reading............................................253CR.............................................................294WD; rereferred........................................434

SB 299 — by Clifton, et al, of the Senate and Holden, et al, of the House — Oil and gas; requiring escrow accounts for unknown or unlocated owners; Uniform Disposition of Unclaimed Property Act to apply; restricting oil well plugging approvals. Effective date. 1st Reading............................................. 237

2nd Reading............................................253C R .............................................................309G.O., considered, passed...................... 381Engrossed, to H ouse............................. 389HAs read ................................................. 656HAs rejected, conference requested,

SCs named.......................................... 671Conference granted, HCs named.......... 710CCR read.................................................820CCR adopted, passed, to House........... 830Enrolled, to House.................................. 845To Governor............................................852Approved June 27, 1983

SB 300 — by Randle, et al, of the Senate and Deatherage, et al, of the House— Workers’ compensation court; making appropriation. Emergency.1st Reading............................................. 2372nd Reading............................................253C R ............................................................ 324G.O., considered, passed.......................512Engrossed, to H ouse..............................519

SB 301 — by Randle of the Senate and Deatherage, et al, of the House — Public finance; providing schedule for zero-based budgeting; allowing Director of State Finance to establish certain procedures. Emergency.1st Reading............................................. 2372nd Reading...................... 253C R .............................................................294G.O., considered, passed.......................305Engrossed, to H ouse.............................. 311HAs read ................................................. 732

SB 302 — by Luton of the Senate and Lancaster of the House — Counties and county officers; modifying population requirements for participation in Metropolitan Area Planning Commissions for cities. Emergency.1st Reading............................................. 2372nd Reading............................................253CR.............................................................294G.O., considered, passed.......................405Engrossed, to H ouse..............................413HAs read ..................................................578


HAs rejected, conference requested,SCs named.......................................... 708

Conference granted, HCs named........ 726CCR read................................................. 763CCR adopted, passed, to House......... 768Enrolled, to House.................................. 845To Governor............................................852Approved June 23, 1983

SB 303 by York — Elections; relating to campaign finances and Campaign Commission; stating legislative policy on campaign finances; defining Campaign Commission; Ethics and Merit Commission duties. Effective date.1st Reading............................................. 2372nd Reading............................................253

SB 304— by York, et al, of the Senate and Leftwich of the House — Higher education; changing name of South Oklahoma City Junior College to Oklahoma City Community College. Effective date.1st Reading............................................. 2372nd Reading............................................253C R .............................................................309G.O., considered, passed.......................414Engrossed, to H ouse..............................427

SB 305 — by York, et al, of the Senate and Deatherage of the House — Changing name of State Board of Public Affairs to Office of Public Affairs; creating construction and properties division within office of public affairs. Effective date. Emergency.1st Reading............................................. 2372nd Reading............................................253G.O., considered, passed.......................347Engrossed, to H ouse..............................372HAs read ................................................. 578HAs rejected, conference requested,

SCs named.......................................... 599Conference granted, HCs named..........623CCR read................................................. 826CCR adopted, passed.............................835ML; tabled, to H ouse.............................835Enrolled, to House.................................. 865To Governor............................................866Approved June 24, 1983

SB 306 — by Randle — Criminal procedure; Sentencing Reform Act of 1983. Emergency.1st Reading............................................. 2382nd Reading............................................253

SB 307— by Stipe, et al, of the Senate and Thompson of the House — Schools; relating to residence of school children; providing for residence of children of Governor.1st Reading............................................. 2382nd Reading............................................253C R ............................................................ 309G.O., considered, passed.......................403Engrossed, to H ouse..............................413

SB 308 — by Smith of the Senate and Riggs of the House — Fees; relating to additional civil charges and costs in criminal cases; modifying certain fees; clerk to deposit fee for passports in court fund. Emergency.1st Reading............................................. 2382nd Reading............................................253C R ............................................................ 298G.O., considered, failed........................ 393ML; adopted...................................394; 429WD; rereferred....................................... 429

SB 309 — by McDaniel, et al, of the Senate and Harbin of the House — State government; relating to powers and duties of Office of Personnel Management and audits of classified service; providing procedures when underpayment or overpayment of wages. Operative date. Emergency.1st Reading............................................. 2392nd Reading............................................253C R ............................................................ 294G.O., considered, passed.......................342Engrossed, to H ouse..............................345HAs read ................................................. 739HAs rejected, conference requested,

SCs named.......................................... 752Conference granted, HCs named..........756Died in conference

SB 310 — by Combs of the Senate and Monks of the House — Insurance; pro


hibiting use of payroll factor in determination of workers’ compensation premium rates; providing exceptions. Effective date.1st Reading............................................. 2392nd Reading............................................253C R ............................................................ 294WD; rereferred....................................... 452

SB 311 — by Ford, et al, of the Senate and Rogers, et al, of the House — Oil and gas; defining terms; requiring information on stubs of checks written pursuant to division order. Effective date. Emergency.1st Reading............................................. 2392nd Reading............................................253CR.............................................................309G.O., considered, passed...................... 373Engrossed, to H ouse............................. 389HAs read ................................................. 521HAs rejected, conference requested,

SCs named.......................................... 528Conference granted, HCs named.......... 534CCR read.................................................557CCR adopted, passed, to House........... 572Enrolled, to House..................................673To Governor............................................674Approved May 19, 1983 .......................693

SB 312 — by Randle, et al, of the Senate and Williams (Penny), et al, of the House — Property; allocating state ceiling of qualified mortgage bonds to Tulsa County Home Finance Authority, Oklahoma County Housing Agency, and to Oklahoma Housing Finance Agency. Emergency.1st Reading............................................. 2392nd Reading............................................253CR.............................................................294G.O., considered, passed.......................436Engrossed, to H ouse..............................447

SB 313 — by Terrill — Revenue and taxation; relating to amount of taxes levied on real estate mortgages; requiring taxes be paid by mortgagor. Emergency.1st Reading............................................. 2392nd Reading............................................253

SB 314 — by Terrill — Consumer Credit Code; setting loan limit for loan finance

charge for certain supervised loans; providing loans over certain amount finance charges shall be subject to contract. Emergency.1st Reading............................................2392nd Reading.......................................... 253

SB 315 — by Terrill of the Senate and Blodgett of the House — Consumer Credit Code; providing rate of loan finance charge and length of loan term are exempted from refinancing terms of balloon payment promissory notes. Emergency.1st Reading.............................................2392nd Reading........................................... 253C R ............................................................298G.O., considered, failed........................378ML; adopted, passed.....................378; 416Engrossed, to H ouse............................. 427

SB 316 — by Terrill — Consumer Credit Code; providing origination fee of two percent or less of principal may be contracted for and received as additional charge in connection with consumer loan. Emergency.1st Reading.............................................2402nd Reading........................................... 253

SB 317 — by Terrill — Consumer Credit Code; providing sellers and lenders may charge and collect from buyers and debtors fee for return of dishonored checks or other negotiable instruments. Emergency.1st Reading............................................. 2402nd Reading............................................253

SB 318 — by Terrill of the Senate and Blodgett of the House — Consumer Credit Code; providing sellers and lenders may charge and collect from buyers and debtors a fee for return of dishonored checks, negotiable orders of withdrawal or share drafts. Emergency.1st Reading............................................. 2402nd Reading............................................253CR.............................................................298G.O., considered, passed....................... 378Engrossed, to H ouse.............................. 389


SB 319 — by Terrill — Consumer Credit Code; providing lender may charge and collect prepayment penalty not to exceed six months’ interest on unpaid principal on loans secured by interest in land. Emergency.1st Reading............................................. 2402nd Reading............................................253

SB 320 — by McDaniel, et al, of the Senate and Harbin of the House — Fiscal and accounting procedures; providing for encumbrance requirements for payments from state funds; providing for payment of claims or payrolls; modifying mansion expenditures. Emergency.1st Reading............................................. 2402nd Reading............................................253C R .............................................................294G.O., considered, passed....................... 318Engrossed, to House .............................. 325HAs read ................................................. 504HAs rejected, conference requested,

SCs named.......................................... 505Conference granted,

HCs named............................... 506; 526Change in conferees............................... 566CCR read................................................. 679CCR rejected, further conference

requested............................................. 706Further conference granted.................... 7082nd CCR read ......................................... 8362nd CCR adopted, passed, to House ...838Enrolled, to House.................................. 869To Governor............................................869Approved June 30, 1983

SB 321 — by Luton of the Senate and Barker of the House — Eleetions; modifying proeedures for substitute candidates in event of death; increasing per diem; requiring resignation of election board members in eertain instanees. Emergency.1st Reading............................................. 2402nd Reading............................................253C R .............................................................270G.O., considered, passed........... 330; 331Engrossed, to H ouse..............................339HAs read ................................................. 696HAs adopted, passed..............................735

SB 322 — by Howell — Public lands; relating to Commissioner of Land Office; defining terms; updating and revising provisions of this title; deleting obsolete reference, and redundant provisions.1st Reading............................................. 2412nd Reading............................................253

SB 323 — by Stipe, et al, of the Senate and Murphy of the House — Revenue and taxation; relating to motor fuel tax code; defining unleaded gasoline; providing tax exemption for mixtures or blends of fuels manufactured in state; providing expiration date. Emergency.1st Reading............................................. 2412nd Reading............................................253C R .............................................................309G.O., considered, passed.......................422Engrossed, to H ouse..............................427

SB 324 — by O’Connor— Labor; relating to Boiler and Pressure Vessel Safety Act; excluding downstream steam lines from rules and regulations; excluding pressure vessels from recordkeeping requirements. Emergency.1st Reading............................................. 2422nd Reading............................................253

SB 325 — by Roberts of the Senate and Haney, et al, of the House — Statutes and reports; Oklahoma Administrative Procedures Act. Effective date. Emergency.1st Reading............................................. 2422nd Reading............................................253C R ............................................................ 294G.O., considered, passed.......................339Engrossed, to H ouse..............................345

SB 326 — by Stipe — Banks and trust companies; repealing statute relating to bank holding companies, purpose, definitions, prohibitions, exceptions and penalties. Emergeney.

Enrolled, to H ou se..........................................738To G overn or..................................................... 742Approved June 6 , 1983 ............................... 756


1st Reading............................................. 2692nd Reading............................................274

SB 327 — by York of the Senate and Draper of the House — State government; relating to reductions and layoffs of state employees; authorizing Contingency Review Board to effect reductions-in-force; allowing leave without pay status. Effective date. Emergency.1st Reading............................................. 5232nd Reading............................................530WD; direct to calendar........................... 550G.O., considered, passed.......................574Engrossed, to H ouse..............................578Enrolled, to House.................................. 869To Governor............................................869Approved June 28, 1983

SB 328 — by Randle, et al, of the Senate and Deatherage, et al, of the House — State Board of Education; making supplemental appropriations thereto; authorizing transfer of funds. Emergency.1st Reading............................................. 5672nd Reading............................................575C R ............................................................ 650

G.O., considered, passed.......................652Engrossed, to H ouse..............................659HAs read ................................................. 739HAs rejected, conference requested,

GCCA...................................................740Conference granted, GCCA...................742CCRread................................................. 836CCR adopted, passed, to House........... 841Enrolled, to House.................................. 860To Governor............................................862Approved June 24, 1983

SB 329 — by McDaniel — Revenue and taxation; levying additional tax on gasoline; exempting certain gasoline; requiring revenue be deposited in certain fund; providing for termination of tax. Emergency.1st Reading............................................. 6832nd Reading............................................693

SB 330 — by Wright — Criminal punishments and procedure; providing Jury’s province shall be to determine guilt or innocence of accused and punishment to be assessed and declared by court, with exception. Emergency.1st Reading............................................. 7622nd Reading............................................772

Senate Joint Resolutions — Index 943

SENATE JOINT RESOLUTIONS

SJR 1 — by McCune, et al, of the Senate and Hobson of the House — Constitutional amendment; expanding powers of Pardon and Parole Board to include final authority over grants of paroles; reducing powers of Governor thereby.1st Reading............................................. 292nd Reading........................................... 68CR.............................................................182G.O., considered, passed...................... 215Engrossed, to H ouse............................. 225

SJR 2 — by McIntyre — Ratifying amendment to Constitution of United States to provide for representation of District of Columbia in Congress of United States.1st Reading..............................................1182nd Reading............................................ 120

SJR 3 — by Boatner of the Senate and Davis (Guy) of the House — Constitutional amendment; providing for amount of ad valorem taxes; authorizing additional levy to be apportioned among county, city, town and school district; deleting obsolete provisions.1 St Reading..............................................1262nd Reading............................................ 128CR............................................................. 198G.O., considered, passed.......................212Engrossed, to H ouse..............................225

SJR 4 — by Porter— Providing for salary reduction for state employees; exempting

elected and appointed public officials; affected funds shall revert to general revenue fund; providing rehiring. Effective date. Emergency.1st Reading..............................................1302nd Reading............................................ 132

SJR 5 — by Boatner, et al, of the Senate and Grieser, et al, of the House — Prohibiting sale of school lands unless authorized by official action of Commissioners of Land Office. Emergency.1 St Reading..............................................1342nd Reading............................................ 139C R .............................................................187G.O., considered, passed.......................204Engrossed, to H ouse............................. 211Enrolled, to House.................................. 501To Governor............................................505Approved April 21, 1983.......................523

SJR 6 — by Pierce of the Senate and Davis (Frank) of the House — Constitutional amendment; providing that initiative or referendum petition approved by vote of people shall not be amended for certain period of time, with exception.1 st Reading..............................................1342nd Reading............................................ 139

SJR 7— by Pierce, et al, of the Senate and Deatherage, et al, of the House — Relating to initiative and referendum; expressing legislative intent that ballot titles of measures

944 Senate Joint Resolutions — Index

shall be written simply, clearly and free of legal language; directing approval of ballot titles.1st Reading..............................................1732nd Reading............................................ 176C R ............................................................ 223G.O., considered, passed.............258; 319Engrossed, to H ouse..............................325HAs read ................................................. 656HAs rejected, conference requested,

SCs named.......................................... 671Conference granted, HCs named.......... 683CCR read................................................. 836Conferees unable to agree......................836Returned to calendar; H A s.................... 836

SJR 8 — by Ford of the Senate and Davis (Frank) of the House — Constitutional amendment; directing Legislature to reduce elected officials and employee salaries and labor contracts in event collections to general revenue fund fall short of appropriations.1st Reading.............................................1872nd Reading........................................... 190

SJR 9 — by Cate of the Senate and Hobson , et al, of the House — Authorizing State Board of Public Affairs, Department of Mental Health and City of Norman, Oklahoma, to contract for lease of land for additional period of time.1st Reading.............................................1872nd Reading........................................... 190C R ............................................................ 309G.O., considered, passed.......................439Engrossed, to H ouse..............................447

SJR 10 — by Howell, et al, of the Senate and Henry of the House — Constitutional amendment; directing Legislature to create professional State Pardon and Parole Board; specifying powers of Board and Governor.1st Reading..............................................1922nd Reading............................................ 196C R .............................................................309G.O., considered, failed........................ 424ML; adopted, passed.....................424; 448Engrossed, to H ouse..............................458

SJR 11 — by York, et al, of the Senate and Hobson of the House — Constitutional amendment; authorizing Legislature to enact laws for adequate statewide water development purposes. Special election.1st Reading..............................................1982nd Reading............................................206CR.............................................................309WD; rereferred........................................452

SJR 12 — by Porter, et al, of the Senate— Providing for limits on salaries of employees of Department of Human Services. Emergency.1st Reading.............................................1982nd Reading........................................... 206

SJR 13 — by Ford of the Senate and Johnson (Don) of the House — Authorizing Corporation Commission to require gas, electric, water and telephone utilities subjeet to its jurisdiction to define residential consumer in less restrictive manner. Emergency.1st Reading.............................................2092nd Reading........................................... 218CR............................................................ 298G.O., considered, passed...................... 319Engrossed, to H ouse............................. 325

SJR 14 — by Miller — Constitutional amendment; limiting ad valorem tax increases; providing exceptions; excluding personal property from limitation with exception.1st Reading.............................................2232nd Reading........................................... 226

SJR 15 — by Miller, et al, of the Senate and Johnson (Glen) of the House — Constitutional amendment; creating offiee of county assessor; requiring office to be elective.1st Reading............................................. 2232nd Reading............................................226C R .............................................................294G.O., considered, passed.......................438Engrossed, to H ouse..............................447

Senate Joint Resolutions — Index 945

SJR 16 — by Stipe, et al, of the Senate and Hill, et al, of the House — Citing achievements of Senator Leon B. Field; directing East Tunnel of Oklahoma State Capitol be known henceforth as “ Leon B. Field Tunnel” ; requiring placement of markers.1st Reading............................................. 2422nd Reading............................................ 253CR.............................................................294G.O., considered, passed.......................422Engrossed, to H ouse..............................427Enrolled, to House.................................. 673To Governor............................................ 674Approved May 19, 1983 .......................693

SJR 17 — by McDaniel — Constitutional amendment; relating to regular sessions of Legislature; providing for budget sessions for Legislature in even-numbered years; specifying when to convene; limiting scope and length of sessions.1st Reading............................................. 2422nd Reading............................................ 253

SJR 18 — by McDaniel — Constitutional amendment; deleting Superintendent of Public Instruction as elective office; providing for appointment of office by Governor.1st Reading............................................. 2422nd Reading............................................253

SJR 19 — by McDaniel — Constitutional amendment; changing Office of Insurance Commissioner to appointive office; providing for appointment by Governor.1st Reading..............................................2432nd Reading............................................ 253

SJR 20 — by McDaniel of the Senate and Henry of the House — Constitutional amendment; repealing section which prohibits corporations from influencing elections or official duty by certain contributions.1st Reading............................................. 2432nd Reading............................................253CR.............................................................298WD; rereferred........................................414

SJR 21 — by Johnson of the Senate and Thompson of the House — Redesignating and correcting legal description of Clem Hamilton Rune Stone Park; naming visitor reception eenter; directing appropriate markers to be placed. Emergency.1st Reading............................................. 2432nd Reading............................................253C R .............................................................283G.O., considered, passed.......................301Engrossed, to H ouse..............................311Enrolled, to House.................................. 493To Governor............................................499Approved April 20, 1983....................... 517

SJR 22 — by Cain of the Senate and Duckett of the House — Directing Commissioner of Mental Health and Director of Human Services to jointly prepare service plan to include reimbursement provisions for community-based clinical services. Emergency.1st Reading............................................. 2432nd Reading............................................253C R .............................................................309G.O., considered, passed.......................383Engrossed, to H ouse..............................389HAs read ................................................. 578HAs adopted, passed..............................655Enrolled, to House.................................. 659To Governor............................................666Approved May 19, 1983 .......................693

SJR 23 — by Stipe, et al, of the Senate and Whorton, et al, of the House — Authorizing Samuel Griggs and his wife, Tillie Louise Griggs to bring suit against State of Oklahoma. Emergency.1st Reading............................................. 2432nd Reading............................................253C R .............................................................309G.O., considered, passed.......................423Engrossed, to H ouse..............................427Enrolled, to House.................................. 659To Governor............................................666Approved May 17, 1983 .......................683

SJR 24 — by Randle of the Senate and McCorkell of the House — Constitutional

946 Senate Joint Resolutions — Index

amendment; authorizing additional ad valorem tax levy for County Department of Health, including but not limited to provision of indigent health care. Special election.1st Reading............................................ 2432nd Reading...........................................253CR.............................................................298WD; rereferred........................................452

SJR 25 — by Taliaferro — Constitutional amendment; changing composition of Corporation Commission from three members to one; changing term of office. Effective date.1st Reading............................................. 2432nd Reading............................................253

SJR 26 — by Rozell of the Senate and Fried, et al, of the House — Constitutional amendment; relating to State Public Common School Building Equalization Fund; removing limit on amount paid to or for school district from fund; granting legislative authority.1st Reading............................................. 2442nd Reading............................................253C R .............................................................309G.O., considered, passed.......................373Engrossed, to H ouse..............................389

SJR 27 — by Cate — Constitutional amendment; authorizing Governor to declare economic emergency during times of revenue decline to state and reduce salaries or wages of all state employees.1st Reading............................................. 5302nd Reading............................................540

SJR 28 — by Hopkins — Constitutional amendment; providing for indebtedness of certain political subdivisions; allowing pub

licly owned building, road, street and highway construction, maintenance or improvements.1st Reading............................................. 6932nd Reading............................................702

SJR 29 — by McDaniel of the Senate and Mentzer of the House — Requesting State Auditor and Inspector to conduct audit of Department of Human Services; directing performance audit; allowing temporary personnel. Emergency.1st Reading............................................. 7022nd Reading............................................709C R .............................................................779G.O., considered, passed....................... 803Engrossed, to H ouse.............................. 815Enrolled, to House.................................. 869To Governor............................................869Approved June 27, 1983

SJR 30 — by York of the Senate and Draper of the House — Relating to all state employees; prohibiting all salary increases for all state employees for fiscal year 1984. Emergency.1st Reading............................................. 7622nd Reading, to calendar.......................772G.O., considered, passed............ 774; 786ML; engrossed, to H ouse............ 787; 825

SJR 31 — by Howell of the Senate and Haney of the House — Designating Indian Chief and Thunderbird insignias of Oklahoma Military Department as state insignias; commending Oklahoma Military Department.1st Reading............................................. 8312nd Reading............................................844

Senate Concurrent Resolutions — Index 947

SENATE CONCURRENT RESOLUTIONS

SCR 1 — by Watson — Stating legislative intent to reduce certain appropriations by certain amounts.1 st Reading............................................. 1182nd Reading............................................120

SCR 2 — by Randle, et al, of the Senate and Clark, et al, of the House — Authorizing Board of Regents of Tulsa Junior College to issue revenue bonds pursuant to Section4002.1 of Title 70.1 St Reading..............................................1342nd Reading............................................ 139CR............................................................. 188G.O., adopted......................................... 195Engrossed, to H ouse..............................203Enrolled, to House.................................. 569Filed with Secretary of State................. 572

SCR 3 — by Taylor, et al, of the Senate and Whorton, et al, of the House — Directing Oklahoma Public Welfare Commission, Department of Human Services and Director of Human Services to conduct study on alternative uses for Whitaker State Children’s Home.1st Reading..............................................1782nd Reading............................................ 180C R .............................................................253G.O., adopted......................................... 256Engrossed, to H ouse..............................263HAs read ..................................................413

SCR 4 — by Rozell, et al, of the Senate and Willis, et al, of the House — Memorializing President, United States Congress and Secretary of United States Department of Health and Human Services to convert Oklahoma to single-statewide reimbursement locality for medicare.1st Reading.............................................1982nd Reading........................................... 206C R ............................................................270G.O., adopted........................................ 278Engrossed, to H ouse............................. 285Enrolled, to House..................................493Filed with Secretary of State.................499

SCR 5 — by Howell, et al, of the Senate and Craighead, et al, of the House — Memorializing Congress to repeal provisions of Tax Equity and Fiscal Responsibility Act of 1982 which require withholding of ten percent of interest and dividends.1st Reading............................................. 2232nd Reading............................................226C R .............................................................266G.O., adopted......................................... 272Engrossed, to H ouse..............................277Enrolled, to House.................................. 519Filed with Secretary of State................. 522

SCR 6 — by Wright of the Senate and Davis (Porter) of the House — Relating to education of judiciary, district attorneys and assistant district attorneys on sentencing and

948 Senate Concurrent Resolutions — Index

placement of offenders; providing for education on sentencing alternatives.1st Reading............................................. 2442nd Reading............................................253C R .............................................................298G.O., adopted......................................... 311Engrossed, to H ouse..............................325Enrolled, to House.................................. 544Filed with Secretary of State................. 553

SCR 7 — by Giles, et al, of the Senate and Widener, et al, of the House — Expressing will of Legislature to protect all participants in allocation of proceeds from sale of well products.1st Reading............................................. 2442nd Reading............................................253WD, to calendar.....................................255G.O., adopted......................................... 255Engrossed, to H ouse..............................263Enrolled, to House.................................. 285Filed with Secretary of State............... 288

SCR 8 — by York of the Senate and Leftwich of the House — Authorizing Board of Regents of South Oklahoma City Junior College to issue revenue bonds.1st Reading............................................. 2652nd Reading............................................269CR.............................................................485G.O., adopted......................................... 521Engrossed, to H ouse..............................525Enrolled, to House.................................. 578Filed with Secretary of State................596

SCR 9 — by Taliaferro of the Senate and Baughman of the House — Memorializing President and Congress to refrain from imposing contingency tax of five dollars per barrel on domestic oil.1st Reading............................................. 2932nd Reading............................................296C R .............................................................455G.O., adopted.........................................494Engrossed, to H ouse..............................501Enrolled, to House.................................. 678Filed with Secretary of State............. 682

SCR 10 — by Dahl, et al, of the Senateand Monks of the House — Memorializing

United States Congress to research effects of herbicide exposure on Vietnam veterans; directing data be provided to state health departments, veterans, and veterans’ organizations.1st Reading.............................................4762nd Reading............................................484CR............................................................ 567G.O., adopted.........................................623Engrossed, to H ouse............................. 633

SCR 11 — by Pierce — Expressing legislative intent that certain resolutions relating to Department of Human Services be rescinded; directing adjustments appropriate to operation of Department within available revenues.1st Reading............................................. 4922nd Reading............................................499

SCR 12 — by Pierce — Calling for convening of committee to establish uniform period for scheduling of spring vacation in schools; providing for membership; setting deadline for meeting; calling for public statement of results.1st Reading............................................. 4992nd Reading............................................506

SCR 13 — by Howell, et al, of the Senate and Fried, et al, of the House — Memorializing United States Congress to reject S. 598, 98th Congress, 1st Session, and any similar proposals favoring granting of federal income tax credits for tuition paid to nonpublic schools.1st Reading............................................. 5302nd Reading............................................540C R .............................................................650G.O., adopted......................................... 712Engrossed, to H ouse.............................. 723HAs read ..................................................868

SCR 14 — by Green of the Senate and Holden of the House — Expressing legislative intent that Oklahoma State Employees Group Health, Dental and Life Insurance Board shall offer to state employees option

Senate Concurrent Resolutions — Index 949

of membership in health maintenance organization.1st Reading............................................. 6322nd Reading............................................650

SCR 15 — by Giles of the Senate and Johnson (Don) of the House — Designating June 1983 as “ Oklahoma Tourism and Recreation Industry Appreciation Month” ; directing Tourism and Recreation Department and other travel-tourism businesses to promote travel in Oklahoma.1st Reading............................................. 6602nd Reading, to calendar.......................660G.O., adopted......................................... 660Engrossed, to H ouse.............. , ............. 669Enrolled, to House.................................. 747Filed with Secretary of State................. 750

SCR 16 — by Hopkins of the Senate and Brown of the House — Recalling Senate Bill No. 209 from the Governor.1st Reading............................................. 6722nd Reading, to calendar.......................672G.O., adopted......................................... 673Engrossed, to H ouse.............................. 673Enrolled, to House.................................. 674Filed with Secretary of State................. 674

SCR 17 — by Dahl, et al, of the Senate and Hall, et al, of the House — Requesting United States Postmaster General authorize first day of issue of Jim Thorpe Commemorative Postage Stamp to be May 22, 1984; acknowledging Jim Thorpe as Oklahoma’s native son.1st Reading............................................. 7092nd Reading............................................ 720CR.............................................................779G.O., adopted......................................... 794Engrossed, to H ouse.............................. 802Enrolled, to House.................................. 834Filed with Secretary of State..................839

SCR 18 — by Howell of the Senate and Monks of the House — Memorializing United States Postal Service to commemorate service of American night-fighter squadrons of World War II by issuing postage

stamp depicting P-61 “ Black Widow” aircraft.1st Reading............................................. 7092nd Reading............................................720CR.............................................................857G.O., adopted......................................... 857Engrossed, to H ouse.............................. 862Enrolled, to House.................................. 870Filed with Secretary of State................. 870

SCR 19 — by Dennis, et al, of the Senate and Shelter of the House — Expressing legislative intent that certain small hospitals be exempt from Department of Human Services’ funding proposal.1st Reading............................................. 7722nd Reading............................................779

SCR 20 — by Choate of the Senate and Hale, et al, of the House — Authorizing Board of Regents of El Reno Junior College to issue revenue bonds pursuant to Section4002.1 of Title 70 of Oklahoma Statutes.1st Reading............................................. 8022nd Reading, to calendar....................... 803G.O., adopted......................................... 803Engrossed, to H ouse..............................815Enrolled, to House.................................. 845Filed with Secretary of State................. 860

SCR 21 — by McCune, et al, of the Senate and Duke, et al, of the House — Expressing legislative intent on meaning of certain products or services by state and local agencies; directing State Board of Public Affairs to promulgate rules and regulations.1st Reading............................................. 8022nd Reading, to calendar.......................806G.O., adopted......................................... 830Engrossed, to H ouse.............................. 834Enrolled, to House.................................. 869Filed with Secretary of State................. 869

SCR 22 — by Randle of the Senate and Deatherage of the House — Recalling Enrolled Senate Bill No. 51 from Governor.1st Reading............................................. 8312nd Reading, to calendar....................... 832

950

G.O., adopted......................................... 832Engrossed, to H ouse..............................834

SCR 23 — by Randle of the Senate and Williams (Penny) of the House — Expressing legislative intent on allocating portion of state ceiling of qualified mortgage bonds to Tulsa County Home Finance Authority and Oklahoma Housing Finance Agency.1st Reading............................................. 8592nd Reading, to calendar....................... 859G.O., adopted......................................... 860

Engrossed, to H ouse.............................. 862SCR 24 — by Randle, et al, of the Senate

and Deatherage of the House — Stating legislative intent concerning utilization of funds appropriated to Oklahoma State Regents for Higher Education.1st Reading............................................. 8592nd Reading, to calendar....................... 859G.O., adopted......................................... 859Engrossed, to H ouse.............................. 862Enrolled, to House.................................. 870Filed with Secretary of State................. 870

Senate Resolutions — Index 951

SENATE RESOLUTIONS

S R I — by Combs, et al, of the Senate — Memorializing United States Congress to amend Social Security Disability Insurance Program to provide for more equitable services to beneficiaries.1st Reading............................................. 742nd Reading........................................... 85WD, to calendar.................................... 88G.O., considered, adopted.................... 88ML; adopted....................................... 88; 89Enrolled, filed with Secretary

of S ta te ................................................ 93

SR 2 — by Boatner, et al, of the Senate —Praising life and accomplishments of Joe Bailey Cobb; expressing deep sorrow upon his death.1st Reading............................................. 902nd Reading, to calendar...................... 91G.O., adopted........................................ 91Enrolled, filed with Secretary

of S ta te ............................................... 93

SR 3 — by Porter, et al, of the Senate — Directing Department of Human Services, Oklahoma Public Welfare Commission and Director of Human Services to declare moratorium on reducing services, personnel or programs.1st Reading............................................. 902nd Reading........................................... 94

SR 4 — by Stipe, et al, of the Senate — Praising life and accomplishments of Henry

F. “ Hank” Wade; expressing deep sorrow upon his death.1st Reading............................................. 902nd Reading, to calendar...................... 90G. O., adopted..................................... 90Enrolled, filed with Secretary

of S tate ............................................... 93

SR 5 — by Leonard, et al, of the Senate — Praising life and accomplishments of Leon B. Field; expressing deep sorrow upon his death.1st Reading..............................................1022nd Reading, to calendar....................... 105G.O., adopted......................................... 848Enrolled, filed with Secretary

of S ta te ................................................ 860

SR 6 — by McDaniel — Disapproving rule of State Employees Group Health, Dental and Life Insurance Board.1 St Reading..............................................1212nd Reading............................................ 124CR............................................................. 188G.O., adopted......................................... 204Eirrolled, filed with Secretary

of S tate ................................................ 216

SR 7 — by Schuelein, et al, of the Senate — Praising life and accomplishments of James R. Hall, Jr.; expressing deep sorrow upon his death.1st Reading..............................................1782nd Reading, to calendar....................... 180

r952 Senate Resolutions — Index

G.O., adopted........................................ 201Enrolled, filed with Secretary

of S tate ............................................... 216

SR 8 — by Stipe — Disapproving Sections 3 and 5 of Part V of the Boiler and Pressure Vessel Rules as adopted by Department of Labor.1st Reading..............................................1982nd Reading............................................206C R .............................................................261G.O., adopted......................................... 262Enrolled, filed with Secretary

of S tate ................................................268

SR 9 — by Stipe, et al, of the Senate — Praising career and accomplishments of Glenn “ T-Bone” McDonald.1st Reading............................................. 2442nd Reading............................................253G.O., adopted......................................... 261Enrolled, filed with Secretary

of S tate ................................................ 263

SR 10 — by Cullison, et al, of the Senate — Praising life and accomplishments of Senator Don J. Cummins; expressing deep sorrow upon his death; extending condolences.1st Reading............................................. 2452nd Reading, to calendar.......................245G.O., considered, adopted........... 245; 246Enrolled, filed with Secretary

of S tate ................................................247

SR 11 — by Combs — Memorializing Congress of United States to amend Employee Retirement Income Security Act to permit state regulation of employee health benefit plans.1st Reading............................................. 2692nd Reading............................................274CR.............................................................309G.O., adopted......................................... 317Enrolled, filed with Secretary

of S tate................................................ 325

SR 12 — by Luton, et al, o f the Senate —Directing Oklahom a Public W elfare C om m ission , Department o f Human Services and

Director of Department of Human Services to declare moratorium on reducing services, personnel or programs.1st Reading............................................. 2722nd Reading, to calendar.......................272G.O., adopted......................................... 272Enrolled, filed with Secretary

of S tate ................................................ 277

SR 13 — by Johnson — Directing perfection and processing opinions, briefs, official records and transcripts of evidence in capital cases as expeditiously as possible. Requesting report.1st Reading............................................. 2972nd Reading............................................307C R .............................................................557G.O., considered, adopted.................... 842Enrolled, filed with Secretary

of S tate ................................................ 845

SR 14 — by York, et al, of the Senate — Disapproving emergency rule of Ethics and Merit Commission relating to reductions in work hours and involuntary leave without pay.1st Reading............................................. 3082nd Reading, to calendar....................... 312G.O., considered, adopted.................... 312Enrolled, filed with Secretary

of S ta te ................................................ 325

SR 15 — by Terrill, et al, of the Senate — Requesting President of United States, United States Congress, United States Forest Service, Governor and State Department of Agriculture to prevent sale of public wilder-' ness land in Oklahoma.1st Reading............................................. 4222nd Reading, to calendar.......................422G.O., adopted......................................... 422Enrolled, filed with Secretary

of S ta te ................................................ 427

SR 16 — by Stipe — Directing all state agencies to purchase needed office furnishings from state prison industry.1st Reading............................................. 4252nd Reading, to calendar.......................425

Senate Resolutions — Index 953

G.O., considered, adopted.................... 432Enrolled, filed with Secretary

of S tate ................................................ 447

SR 17 — by Stipe — Urging Corporation Commission to encourage use of Oklahoma- produced coal in state.1st Reading............................................. 4252nd Reading............................................441WD, to calendar.....................................447G.O., considered, adopted.................... 448Enrolled, filed with Secretary

of S tate ................................................ 458

SR 18 — by Shedrick — Praising Oklahoma State University Cowboys Basketball Team for winning 1983 Big Eight Conference Tournament Championship; honoring their coach.1st Reading............................................. 4532nd Reading, to calendar.......................467G.O., considered, adopted.................... 508Enrolled, filed with Secretary

of S tate ................................................ 519

SR 19 — by McIntyre, et al, of the Senate — Praising Wayman Tisdale; extending hope for continued success.1st Reading............................................. 4922nd Reading, to calendar.......................499

SR 20 — by Stipe, et al, of the Senate — Memorializing appointing authorities of state government to give preference to residents of State of Oklahoma; to consult with institutions of higher learning. Effective date.1st Reading............................................. 4992nd Reading............................................506CR............... ; ........................................... 517G.O., adopted......................................... 527Enrolled, filed with Secretary

of S tate ................................................ 533

SR 21 — by Porter, et al, of the Senate — Praising Leroy Combs; expressing hope for continued success.1st Reading............................................. 5572nd Reading............................................567

SR 22 — by Dahl, et al, of the Senate — Requesting United States Fish and Wildlife Service to increase funding for and continue present beaver damage control activities; directing certain departments to control beaver damage.1st Reading............................................. 5672nd Reading, to calendar.......................569G.O., adopted......................................... 569Enrolled, filed with Secretary

of S tate ................................................ 578

SR 23 — by Leonard — Praising Oklahoma Panhandle State University Aggies Basketball Team and coaching staff; honoring the coach.1st Reading............................................. 6342nd Reading, to calendar.......................634G.O., adopted......................................... 850Enrolled, filed with Secretary

of S ta te ................................................ 860

SR 24 — by Porter — Directing Oklahoma Public Welfare Commission to reduce and limit salaries of employees of Department of Human Services.1st Reading............................................. 6342nd Reading............................................656

SR 25 — by Stipe, et al, of the Senate — Memorializing Corporation Commission to allow certain order to expire; directing no further restrictions be placed on natural gas production without hearing period; requiring consideration of economic interests.1st Reading............................................. 7202nd Reading, to calendar.......................720G.O., adopted......................................... 733Enrolled, filed with Secretary

of S tate ................................................ 738

SR 26 — by Young, et al, of the Senate — Citing contributions of Mrs. Oma Tharel, “ Outstanding Older Oklahoma Woman for 1983.”1st Reading............................................. 7502nd Reading, to calendar.......................756G.O., adopted......................................... 792

r

954 Senate Resolutions — Index

Enrolled, filed with Secretaryof S tate ............................................... 802

SR 27 — by Schuelein — Relating to protection of property and supplies of Senate and employing of necessary personnel during interim; authorizing President Pro Tempore to approve claims during interim,1st Reading.............................................8032nd reading, to calendar........................823G.O., adopted......................................... 830Enrolled, filed with Secretary

of S tate ................................................834

SR 28 — by Clifton — Commending Oliver C. Walker for service and leadership in State Senate; requesting Department of Transportation to designate bridge in his honor in City of Dale; directing placement of marker.

1st Reading............................................. 8232nd Reading, to calendar.......................828G.O., adopted......................................... 828Enrolled, filed with Secretary

of S tate ................................................ 832

SR 29 — by Schuelein, et al, of the Senate — Expressing intent of Oklahoma State Senate that existing statutes on disposal of litter and other refuse be observed and enforced; requesting Department of Transportation to place signs on highways.1st Reading............................................. 8442nd Reading, to calendar.......................846G.O., adopted......................................... 846Enrolled, filed with Secretary

of S ta te ................................................ 860

House Bills — Index 955

HOUSE BILLS

HB 1002 — by Henry, et al, of the House and Clifton, et al, of the Senate — Civil procedure; increasing amount of recovery subject to small claims jurisdiction; limiting attorneys fees. Operative date.1st Reading..............................................1202nd Reading............................................ 124CR.............................................................370G.O., considered, passed.......................496Signed, to House.....................................4964th Reading, to House........................... 501

HB 1004 — by Thompson of the House and Johnson of the Senate — Crimes and punishments; repealing statutes regarding use of explosives in certain quarrying or mining operations. Emergency.1st Reading..............................................1032nd Reading.............................................105CR.............................................................337G.O., considered, passed.......................494Signed, to House.....................................4944th Reading, to House........................... 501

HB 1005 — by Brown, et al, of the House and Watson, et al, of the Senate — Motor vehicles; requiring use of child passenger restraint system; requiring Oklahoma Highway Safety Office to develop education program to promote. Operative date.1st Reading.............................................. 1392nd Reading.............................................172C R .............................................................253G.O., considered, passed.......................273M L ........................................................... 273

Signed, to House.....................................2994th Reading, to House........................... 304

HB 1007 — by Shurden, et al, of the House and Terrill, et al. of the Senate — Crimes and punishments; prohibiting contamination of food, drink or medicine with poisons, drugs, objects or substances. Emergency.1st Reading..............................................1072nd Reading........................................... I l lC R .............................................................337G.O., considered, passed...................... 461Engrossed, to H ouse..............................4704th Reading, to House........................... 487

HB 1009 — by Hooper — Civil procedure; providing for termination or modification of alimony payments; providing for retrospective and prospective application of judgments or orders. Effective date.1st Reading..............................................1852nd Reading............................................ 190

HB 1010 — by Henshaw, et al, of the House and Hopkins of the Senate — Revenue and taxation; increasing gross household income limitations for additional homestead exemption. Effective date.1st Reading..............................................1762nd Reading............................................ 180

HB 1013 — by Twidwell, et al, of the House — Prisons and reformatories; allowing inmates of correctional facilities to be

956 House Bills — Index

assigned for service and maintenance work; eligibility requirements. Effective date.1st Reading..............................................1242nd Reading............................................ 128

HB 1014 — by Caldwell, et al, of the House and McDaniel, et al, of the Senate — Crimes and punishments; prohibiting littering; making operator of vehicle liable for actions, with exception; providing penalties. Operative date. Emergency.1st Reading..............................................1242nd Reading............................................ 128C R .............................................................337G.O., considered, passed.......................508Engrossed, to H ouse..............................5194th Reading, to House........................... 544

HB 1015 — by Riggs, et al, of the House and Cullison of the Senate — Motor vehicles; prohibiting operation of motor vehicle while under influence of specified substances; modifying prerequisites for felony conviction; requiring places for new prisons. Effective date.1st Reading..............................................1072nd Reading........................................... I l l

HB 1016 — by Riggs of the House and Wright of the Senate — Criminal procedure; authorizing municipalities and counties to establish and maintain pretrial release program; authorizing prearraignment release, procedures. Operative date. Emergency.1st Reading............................................. 2822nd Reading............................................291CR.............................................................557G.O., considered, passed.......................622ML; engrossed, to H ouse.............623; 669SAs rejected, conference requested,

HCs named.......................................... 679Conference granted, SCs nam ed..........690Died in conference

HB 1017 — by Riggs, et al, of the House and Wright of the Senate — Criminal procedure; authorizing prearraignment release for misdemeanor violations; authorizing county bar associations to establish and maintain

program for attorney involvement. Operative date. Emergency.1st Reading............................................. 4552nd Reading............................................467

HB 1018 — by Peterson, et al, of the House and Miller, et al, of the Senate — Counties and county officers; providing for county sales tax. Effective date.1 St Reading..............................................1802nd Reading.............................................185C R .............................................................266G.O., considered, passed.......................286Engrossed, to H ouse.............................. 2954th Reading, to House........................... 324

HB 1020 — by Sanders, et al, of the House and Roberts of the Senate — Professions and occupations; allowing manicurists and pedicurists to practice in licensed barber shop. Emergency.1st Reading.............................................1172nd Reading............................................ 120C R ............................................................ 388G.O., considered, passed...................... 461Engrossed, to H ouse..............................470SAs rejected, conference requested,

HCs nam ed................................ 482; 493Conference granted, SCs nam ed..........484CCR read..................................................823CCR adopted, passed, to House........... 8274th Reading, to House........................... 834

HB 1021 — by Sanders of the House and Combs of the Senate — Professions and occupations; recreating State Board of Examiners of Psychologists; increasing board mern- bership; increasing fees. Operative date. Emergency.1 St Reading..............................................1172nd Reading............................................ 120C R .............................................................387G.O., considered, passed.......................545Signed, to House.....................................5514th Reading, to House........................... 554

HB 1022 — by Lewis, et al, of the House and Terrill, et al, of the Senate — Amusements and sports; Oklahoma Horse Racing Act. Emergency.

r


1st Reading............................................. 2072nd Reading............................................218C R .............................................................275G.O., considered, passed.......................279Engrossed, to H ouse..............................285SAs rejected, conference requested,

HCs named.......................................... 299Conference granted, SCs nam ed..........306CCR read..................................................393CCR adopted, passed............................ 402ML; tabled, to House........... 402; 413; 4144th Reading, to House...........................415

HB 1023 — by Willis, et al, of the House and Combs, et al, of the Senate — Revenue and taxation; removing tax exemption from mixtures or blends of motor fuel and ethyl alcohol. Operative date. Emergency.1st Reading............................................. 952nd Reading........................................... 97CR............................................................. 108G.O., considered, passed....................... 114ML; engrossed, to H ouse.............116; 119SAs rejected, conference requested,

HCs named........................................... 126Conference granted, SCs nam ed..........128CCR read.................................................. 132CCR adopted, passed, to House........... 1324th Reading, to House............................135

HB 1025 — by Shurden of the House and Winn of the Senate — Game and fish; prohibiting taking, killing, or catching of fish by certain methods; providing for seizure and forfeiture of vehicles and equipment. Effective date.1st Reading..............................................1722nd Reading.............................................176CR.............................................................399G.O., considered, passed.......................529Engrossed, to H ouse..............................5334th Reading, to House........................... 578

HB 1027 — by Mentzer of the House and Rozell of the Senate — Roads, bridges and ferries; requiring contractors to furnish bonds for performance and indebtedness; providing procedures for awarding of contracts. Operative date.

1st Reading..............................................1282nd Reading............................................ 132C R .............................................................557G.O., considered, passed.......................660Signed, to House.....................................6674th Reading, to House...........................670

HB 1028 — by Mentzer, et al, of the House and Taliaferro, et al, of the Senate — Amusements and sports; providing procedure for pari-mutuel racetrack elections. Emergency.1st Reading............................................. 3692nd Reading............................................385CR............................................................ 455G.O., considered, passed.......................498Engrossed, to H ouse..............................501SAs rejected, conference requested,

HCs nam ed................................ 530; 538Conference granted, SCs nam ed..........538CCR read................................................. 823CCR rejected, further conference

requested............................................. 843Further conference granted.................... 843Died in conference

HB 1031 — by Hill of the House and Leonard of the Senate — Corporations; changing definition of term “ rural area” in Rural Telephone Cooperative Act. Emergency.1st Reading..............................................1172nd Reading............................................ 120C R .............................................................188G.O., considered, passed....................... 190Engrossed, to H ouse.............................. 1934th Reading, to House........................... 211

HB 1033 — by Henshaw of the House and Choate of the Senate — Civil procedure; providing for termination of alimony payments; modification of support payments. Operative date. Emergency.1st Reading............................................. 3852nd Reading............................................395C R ............................................................ 517G.O., considered, passed.......................563Engrossed, to H ouse..............................5694th Reading, to House........................... 599


HB 1034 — by McCorkell, et al, of the House and Shedrick of the Senate — Motor vehicles; prohibiting cancellation of insurance under certain circumstances. Effective date.1st Reading............................................. 3852nd Reading............................................395CR.............................................................567G.O., considered, failed........................ 578ML; adopted, passed........... 578; 613, 614Engrossed to H ouse............................... 622SAs rejected, conference requested,

HCs named.......................................... 645Conference granted, SCs nam ed..........655CCR read, conferees unable

to agree................................................ 869

HB 1035 — by Haney, et al, of the House and Dawson, et al, of the Senate — Crimes and punishments; relating to obscene materials, items, or articles; adding electronic video games to list of items which may be declared obscene; exempting certain motion pictures. Emergency.1st Reading.............................................1202nd Reading........................................... 124CR............................................................188G.O., considered, passed...................... 215Engrossed, to H ouse............................. 2254th Reading, to House........................... 256

HB 1040 — by Henry of the House and Clifton of the Senate — Civil procedure; providing procedures for discharge of judgment liens; modifying procedures for discharge of lien when appeal of judgment is pending before Supreme Court. Effective date.1st Reading............................................. 2652nd Reading............................................269C R .............................................................370G.O., considered, passed.......................498Engrossed, to H ouse............................. 5014th Reading, to House........................... 534

HB 1041 — by Henry, et al, of the House and Taylor of the Senate — Prisons and reformatories; providing for immunity of state and certain persons from liability for certain torts. Emergency.

1st Reading............................................ 4102nd Reading........................................... 425

HB 1042 — by Manar, et al, of the House and Taliaferro of the Senate — Elections; requiring certain information on broadcast or printed campaign material; providing penalties; limiting time within which actions for violations can commence.1 St Reading.............................................1912nd Reading........................................... 196CR............................................................ 492G.O., considered, passed...................... 654Engrossed, to H ouse............................. 659SAs rejected, conference requested,

HCs named..........................................678Conference granted, SCs nam ed..........690CCR read................................................. 756CCR adopted, passed............................760ML; to House.......................................... 7604th Reading, to House.......................... 792

HB 1043 — by Deatherage, et al, of the House and Randle, et al, of the Senate — House of Representatives, appropriation. Operative date. Emergency.1st Reading............................................. 2962nd Reading............................................307CR.............................................................540G.O., considered, passed.......................624Engrossed, to H ouse.............................633SAs rejected, conference requested,

GCCA..................................................664Conference granted, GCCA................. 671CCR read................................................ 756CCR adopted, passed, to House...........7764th Reading, to House..........................781

HB 1044 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Legislative Fiscal Office, appropriations; authorizing payment of assessment for Southwest Regional Energy Council; authorizing actuarial studies of retirement systems. Operative date. Emergeney.1st Reading........................................... 2962nd Reading..........................................307CR...........................................................575G.O., considered, passed.....................625


Engrossed, to H ouse......................... ..633 G.O., considered, passed.................. ..717SAs rejected, conference requested. Engrossed, to H ouse......................... ..723

GCCA.............................................. ..664 SAs rejected, conference requested.Conference granted, GCCA.............. ..671 GCCA.............................................. ..728CCR read............................................. ..756 Conference granted, GCCA.............. ..740CCR adopted, passed, to House....... ..776 CCR read............................................. ..8114th Reading, to House...................... ..781 CCR adopted, passed, to House....... ..827

4th Reading, to House...................... ..834HB 1045 — by Deatherage, et al, of the

House and Randle, et al, of the Senate — Attorney General, Office of the, appropriation. Operative date. Emergency.1st Reading............................................. 3862nd Reading............................................ 395CR.............................................................540G.O., considered, passed....................... 625Engrossed, to H ouse.............................. 633SAs rejected, conference requested,

GCCA...................................................664Conference granted, GCCA...................671CCR read................................................. 771CCR adopted, passed, to House........... 8084th Reading, to House........................... 816

HB 1046 — by Deatherage, et al, of the House and Randle, et al, of the Senate — State Supreme Court and Court of Appeals, appropriations. Operative date. Emergency.1st Reading............................................. 3692nd Reading............................................ 385CR.............................................................575G.O., considered, passed.......................626Engrossed, to H ouse.............................. 633SAs rejected, conference requested,

GCCA...................................................664Conference granted, GCCA...................671CCR read..................................................863CCR adopted, passed, to House........... 8674th Reading, to House........................... 868

HB 1048 — by Deatherage, et al, of the House and Randle, et al, of the Senate — State Supreme Court and Court of Appeals, appropriations. Operative date. Emergency.1st Reading............................................. 3362nd Reading............................................343CR.............................................................575WD; rereferred........................................600CR.............................................................656

HB 1049 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Court of Criminal Appeals, Office of the, appropriation. Operative date. Emergency.1st Reading............................................. 4252nd Reading............................................441CR.............................................................575G.O., considered, passed.......................626Engrossed, to H ouse..............................633SAs rejected, eonference requested,


HB 1050 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Various state agencies; making appropriations to Capitol Improvement Authority and Office of Public Affairs. Operative date. Emergency.1st Reading............................................. 4252nd Reading............................................441C R ............................................................ 540G.O., considered, passed.......................626Engrossed, to H ouse..............................633SAs rejected, conference requested,


HB 1051 — by Deatherage, et al, of the House and Randle, et al, of the Senate — State Treasurer, Office of the, expenses of office to be paid from State Treasurer’s Revolving Fund. Operative date. Emergency.


1st Reading.............................................4422nd Reading............................................453C R ............................................................ 540G.O., considered, passed.......................636ML; engrossed, to H ouse.............637; 678SAs rejected, conference requested,

GCCA...................................................699Conference granted, GCCA...................700CCR read................................................. 763CCR adopted, passed............................ I l lML; to H ouse................................ I l l ' , 8134th Reading, to House........................... 816

HB 1052 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Attorney General, Office of the and offices of district attorneys, the District Attorneys Training Coordination Council and Crime Victims Compensation Board, appropriations. Operative date. Emergency.1st Reading............................................. 3692nd Reading............................................385CR.............................................................540G.O., considered, passed.......................637Engrossed, to H ouse..............................651SAs rejected, conference requested,

GCCA...................................................664Conference granted, GCCA...................671CCR rejected, further conference

requested............................................. 769Further conference granted....................7742nd CCR read ......................................... 8112nd CCR adopted, passed, to House ...827 4th Reading, to House........................... 834

HB 1053 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Workers’ Compensation Court, Office of the, appropriation. Operative date. Emergency.1st Reading............................................. 3362nd Reading............................................343CR.............................................................575G.O., considered, passed.......................637Engrossed, to H ouse..............................651SAs rejected, conference requested,

GCCA...................................................664Conference granted, GCCA...................671CCR read................................................. 771

HB 1054 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Criminal Justice, Oklahoma Center for, appropriation. Operative date. Emergency.1st Reading............................................. 4422nd Reading............................................453C R .............................................................575G.O., considered, passed.......................637Engrossed, to H ouse..............................651SAs rejected, conference requested,

GCCA...................................................664Conference granted, GCCA...................671CCR read..................................................763CCR adopted, passed, to House............I l l4th Reading, to House........................... 781

HB 1055 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Libraries, Oklahoma Department of, appropriation. Operative date. Emergency.1st Reading............................................. 3692nd Reading............................................385C R .............................................................540G.O., considered, passed.......................611Engrossed, to H ouse..............................622SAs rejected, conference requested,

GCCA...................................................650Conference granted, GCCA...................655CCR read................................................. 771CCR adopted, passed, to House............8104th Reading, to House........................... 816

HB 1056 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Arts Council of Oklahoma, State, appropriations. Operative date. Emergency.1st Reading............................................. 3692nd Reading............................................385C R .............................................................576G.O., considered, passed....................... 611Engrossed, to H ouse..............................622SAs rejected, conference requested,

GCCA...................................................650Conference granted, GCCA...................655CCR read..................................................763

CCR adopted, passed, to H o u se .............8094th R eading, to H o u s e ............................... 816


HB 1057 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Will Rogers Memorial Commission, appropriation. Operative date. Emergency.1st Reading............................................. 3862nd Reading............................................395CR.............................................................540G.O.. considered, passed.......................612Engrossed, to House ..............................622SAs rejected, conference requested,

GCCA...................................................650Conference granted, GCCA...................655CCR read.................................... 763CCR adopted, passed, to House............8104th Reading, to House........................... 816

HB 1058 — by Deatherage, et al, of the House and Randle, et al, of the Senate — J.M. Davis Memorial Commission, appropriation. Operative date. Emergency.1st Reading............................................. 3362nd Reading............................................ 343CR.............................................................540G.O., considered, passed.......................612Engrossed, to H ouse..............................622SAs rejected, conference requested,


HB 1059 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Consumer Credit, Commission on, appropriation; modifying qualifications of Administrator. Operative date. Emergency.1st Reading............................................. 3362nd Reading............................................ 343CR.............................................................540G.O., considered, passed.......................638Engrossed, to H ouse..............................651SAs rejected, conference requested,

GCCA................................................... 664Conference granted, GCCA...................671CCR read..................................................786

CCR adopted, passed, to H ou se.............. 8104th R eading, to H o u s e ............... ................. 816

CCR adopted, passed, to House............8064th Reading, to House........................... 816

HB 1060 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Insurance Commissioner, Office of the, appropriation. Operative date. Emergency.1st Reading............................................. 3692nd Reading............................................385C R .............................................................540G.O., considered, passed.......................638Engrossed, to H ouse..............................651SAs rejected, conference requested,

GCCA...................................................664Conference granted, GCCA...................671CCR read..................................................756CCR adopted, passed, to House............7764th Reading, to House........................... 781

HB 1061 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Liquefied Petroleum Gas Board, Office of the, appropriation; increasing fees and providing assessment. Operative date. Emergency.1st Reading............................................. 3362nd Reading............................................ 343C R .............................................................540G.O., considered, passed.......................639Engrossed, to H ouse..............................651SAs rejected, conference requested,


HB 1062 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Securities Commission, Office of the, appropriation; modifying licenses and fees; definitions and exemptions, specifying; allowing mail registry. Operative date. Emergency.1st Reading............................................. 4422nd Reading............................................453C R .............................................................632


G.O., considered, passed.......................715Engrossed, to H ouse..............................723SAs rejected, conference requested,


requested............................................. 787Further conference granted, GCCA..... 7962nd CCR read ........................................ 8112nd CCR rejected, further

conference requested..........................826Further conference granted.................... 8283rd CCR read.......................................... 8443rd CCR adopted, passed, to House....851 4th Reading, to House........................... 859

HB 1063 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Mines; making appropriations to Office of the Chief Mine Inspector and State Mining Board. Operative date. Emergency.1st Reading............................................. 4252nd Reading............................................441C R .............................................................632G.O., considered, passed.......................715Engrossed, to H ouse..............................723SAs rejected, conference requested,


HB 1064 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Fire Protection Personnel Standards and Education, Commission on, appropriation. Operative date. Emergency.1st Reading............................................. 3862nd Reading............................................ 395C R .............................................................576G.O., considered, passed....................... 613Engrossed, to H ouse.............................. 622SAs rejected, conference requested,


HB 1065 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Agriculture, State Department of, appropriations; providing legislative intent; providing for deposit of certain funds to Agriculture Revolving Fund. Operative date. Emergency.1st Reading............................................. 3952nd Reading............................................410C R .............................................................598G.O., considered, passed....................... 715ML; engrossed, to H ouse.............716; 751SAs rejected, conference requested,

GCCA...................................................763Conference granted, GCCA.................. 765CCR read................................................. 786CCR adopted, passed, to House 807; 813 4th Reading, to House........................... 816

HB 1066 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Corporation Commission, appropriations; directing expenditure of funds. Operative date. Emergency.1st Reading............................................. 4552nd Reading............................................467C R .............................................................650G.O., considered, passed....................... 716Engrossed, to H ouse..............................723SAs rejected, conference requested,


HB 1067 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Health, State Department of, appropriations. Operative date. Emergency.1st Reading............................................. 4552nd Reading............................................467C R .............................................................632G.O., considered, passed....................... 696Engrossed, to H ouse..............................703SAs rejected, conference requested,

GCCA...................................................720Conference granted, GCCA...................723CCR read..................................................832


HB 1068 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Human Rights Commission, Oklahoma, appropriation. Operative date. Emergency.1st Reading............................................. 4552nd Reading............................................467C R .............................................................650G.O., considered, passed............ 697; 698Engrossed, to H ouse..............................703SAs rejected, conference requested,


requested............................................. 828Further conference granted.................... 8362nd CCR read ......................................... 8412nd CCR adopted, passed, to H ouse...851 4th Reading, to House........................... 859

CCR adopted, passed, to H ou se..............8374th R eading, to H o u s e ................................. 845

HB 1069 — by Deatherage, et al, of the House and Randle, et al, of the Senate — J.D. McCarty Center for Handicapped Children, appropriation. Operative date. Emergency.1st Reading............................................. 4552nd Reading............................................467CR.............................................................632G.O., considered, passed.......................696Engrossed, to H ouse..............................703SAs rejected, conference requested,


HB 1070 — by Deatherage, et al, of theHouse and Randle, et al, of the Senate —Oklahoma Commission on Children and Youth, appropriations. Operative date. Emergency.1st Reading............................................. 4422nd Reading............................................453CR.............................................................656G.O., considered, passed.......................697

Engrossed, to H ouse..............................703SAs rejected, conference requested,

GCCA...................................................720Conference granted, GCCA...................723CCR read.................................................811CCR adopted, passed, to House........... 8314th Reading, to House........................... 834

HB 1071 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Handicapped Concerns, Office of, appropriation. Operative date. Emergency.1st Reading............................................. 4552nd Reading............................................467CR.............................................................598G.O., considered, passed.......................697Engrossed, to H ouse..............................703SAs rejected, conference requested,


HB 1072 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Veterans Affairs, Oklahoma Department of, appropriation. Operative date. Emergency.1st Reading............................................. 4562nd Reading............................................467C R .............................................................632G.O., considered, passed.......................703Engrossed, to H ouse..............................712SAs rejected, conference requested,


HB 1073 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Public Employees Retirement System, Oklahoma, expenses of system and State Employees Deferred Compensation Plan to be paid from fund. Operative date. Emergency.1st Reading............................................. 4252nd Reading............................................441CR.............................................................598


G.O., considered, passed.......................704Engrossed, to H ouse..............................712SAs rejected, conference requested,


HB 1074 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Corrections, Department of, appropriation; transferring to certain funds. Operative date. Emergency.1st Reading............................................. 4562nd Reading............................................467C R .............................................................650G.O., considered.....................................734Engrossed, to H ouse.............................. 738SAs rejected, conference requested,


HB 1075 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Fire Marshal, Office of the State, appropriations. Operative date. Emergency.1st Reading............................................. 3362nd Reading............................................343CR.............................................................485G.O., considered, passed.......................581Engrossed, to H ouse.............................. 599SAs rejected, conference requested,


HB 1076 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Pardon and Parole Board, Office of the, appropriation. Operative date. Emergency.1st Reading............................................. 3372nd Reading............................................ 343CR.............................................................485

G.O., considered, passed...................... 581Engrossed, to H ouse............................. 599SAs rejected, conference requested,

GCCA.................................................. 617Conference granted, GCCA.................. 631CCR read................................................. 756CCR adopted, passed, to House........... 7864th Reading, to House...........................792

HB 1077 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Military Department, Office of the Oklahoma, appropriations; providing for scholarships. Operative date. Emergency.1st Reading.............................................3372nd Reading........................................... 343C R ............................................................ 485G.O., considered, passed...................... 581Engrossed, to H ouse.............................. 599SAs rejected, conference requested,

GCCA................................................... 617Conference granted, GCCA.................. 631CCR read..................................................756CCR adopted, passed, to House........... 7894th Reading, to House........................... 792

HB 1078 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Civil Defense, Office of, appropriation. Operative date. Emergency.1st Reading............................................. 2962nd Reading............................................ 307C R .............................................................485G.O., considered, passed....................... 582Engrossed, to H ouse.............................. 599SAs rejected, conference requested,


HB 1079 — by Reimer, et al, of the House and Winn of the Senate — Modifying child support enforcement; providing for selection of experts for blood tests to determine paternity. Effective date.1st Reading............................................. 2962nd Reading............................................ 307


CR............................................................ 530G.O., considered, passed.......................602Engrossed, to House ............................. 605SAs rejected, conference requested,

HCs named................................ 646; 659Conference granted, SCs nam ed.......... 655CCR read..................................................799CCR failed...............................................822CCR rejected, further conference

requested............................................. 823Further conference granted.................... 823CCR read, conferees unable

to agree................................................ 869

HB 1080 — by Kincheloe, et al, of the House and Watson, et al, of the Senate — Crimes and punishments; modifying certain circumstances in rape definition; providing for first and second degree rape; deleting requirement of resistance. Effective date.1st Reading............................................. 2262nd Reading............................................ 253Change in committee assignment........ 274CR.............................................................337G.O., considered, passed.......................495Signed, to House.....................................4954th Reading, to House........................... 501

HB 1081 — by Koppel, et al, of the House and Leonard of the Senate — Liens; providing for filing and enforcement of oil and gas liens on certain property; providing limitations on liens. Effective date.1st Reading............................................. 3952nd Reading............................................410C R .............................................................485G.O., considered, passed.......................535Signed, to House..................................... 5414th Reading, to House........................... 544

HB 1082 — by Vaughn, et al, of the House and Leonard of the Senate — Crimes and punishments; making omission to provide for child unlawful; providing penalty. Operative date. Emergency.1st Reading............................................. 2072nd Reading............................................218C R .............................................................324G.O., considered, passed.......................483

ML; tabled, to House........... 484; 501, 5024th Reading, to House.......................... 508

HB 1083 — by Murphy, et al, of the House and Dennis of the Senate — Modifying requirements for transfers of property to Oklahoma Historical Society; requiring legislative approval; requiring studies before transfers. Operative date. Emergency.1st Reading............................................. 2592nd Reading............................................265C R .............................................................387G.O., considered, passed.......................534Signed, to House.....................................5414th Reading, to House........................... 544

HB 1085 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Department of Economic and Community Affairs, appropriations. Operative date. Emergency.1st Reading............................................. 3952nd Reading............................................410C R .............................................................598G.O., considered, passed.......................639Engrossed, to H ouse..............................651SAs rejected, conference requested,


HB 1090 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Oklahoma Police Pension and Retirement Board; providing for costs and expenses of Police Pension and Retirement System; removing limitation on certain funds. Operative date. Emergency.1st Reading............................................. 2652nd Reading............................................ 269C R .............................................................598G.O., considered, passed.......................691Engrossed, to H ouse.............................. 695SAs rejected, conference requested,

HCs named...........................................708Conference granted, SCs nam ed..........709CCR read..................................................841


HB 1091 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Firefighters Pension and Retirement Board, Police Pension and Retirement Board and Department of Human Services, appropriations; modifying retirement systems; reports. Operative date. Emergency.1st Reading............................................. 2652nd Reading............................................269C R .............................................................576G.O., considered, passed.......................692Engrossed, to House ..............................695SAs rejected, conference requested,

HCs named.......................................... 708Conference granted, SCs nam ed.......... 709CCR read................................................. 714CCR adopted, passed, to House............7204th Reading, to House........................... 721

HB 1092 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Oklahoma Law Enforcement Retirement Board, appropriation. Operative date. Emergency.1st Reading ............................................. 2652nd Reading............................................269C R .............................................................598G.O., considered, passed.......................692Engrossed, to House ..............................695SAs rejected, conference requested,

HCs named.......................................... 708Conference granted, SCs nam ed..........709CCR read................................................. 763CCR adopted, passed, to House........... 8204th Reading, to House........................... 825

HB 1094 — by Hooper of the House and Taliaferro of the Senate — Elections; changing time absentee ballots may be counted. Operative date. Emergency.1st Reading..............................................1762nd Reading............................................ 180CR.............................................................485G.O., considered, passed.......................520Signed, to House.....................................5234th Reading, to House........................... 525

CCR adopted, passed, to H ouse...............8544th Reading, to H o u s e ................................. 862

HB 1096 — by Monks, et al, of the House and Rozell, et al, of the Senate — Probate procedure; prescribing procedures for termination of life estate or joint tenancy. Effective date.1st Reading.............................................1812nd Reading............................................ 185CR.............................................................370G.O., considered, passed.......................462Engrossed, to H ouse..............................4704th Reading, to House........................... 487

HB 1097 — by Draper of the House and Cate of the Senate — Professions and occupations; increasing fees for issuance of licenses to practice architecture. Operative date. Emergency.1st Reading..............................................1962nd Reading............................................206C R .............................................................455G.O., considered, passed.......................484Signed, to House.....................................4844th Reading, to House........................... 487

HB 1098 — by Hooper, et al, of the House and Taliaferro of the Senate — Banks and trust companies; limiting civil liability of members of State Credit Union Board. Emergency.1st Reading..............................................1722nd Reading............................................ 176C R .............................................................387G.O., considered, passed.......................489Signed, to House.....................................4904th Reading, to House........................... 493

HB 1099 — by Shurden of the House and Terrill of the Senate — Children; disposition orders for wards of court; adding prison visits; requiring Director of Department of Corrections to establish program. Effective date.1st Reading............................................. 3702nd Reading............................................385

HB 1102 — by Kincheloe, et al, of the House and Leonard of the Senate — Wills and succession; modifying descent and distribution of estate of decedent. Effective date.



HB 1103 — by Morgan — Crimes and punishments; requiring security guards to receive training; providing for registration by Oklahoma State Bureau of Investigation. Effective date.1st Reading............................................. 4562nd Reading............................................467

HB 1104 — by Converse of the House and Boatner of the Senate — Motor vehicles; declaring civil defense vehicles to be authorized emergency vehicles; providing for certain equipment on vehicles; providing for apportionment of monies. Effective date.1st Reading............................................. 3862nd Reading............................................ 395C R .............................................................530G.O., considered, passed.......................571Engrossed, to H ouse..............................578SAs rejected, conference requested,

HCs named...........................................726Conference granted, SCs nam ed..........730CCR read..................................................799CCR adopted, passed, to House........... 8064th Reading, to House........................... 816

HB 1106 — by Glover, et al, of the House and Capps, et al, of the Senate — Commercial Code; providing protection to certain buyers; allowing exemption for persons buying livestock from those in farming or ranching, exceptions; requiring certificate. Operative date. Emergency.1st Reading..............................................3542nd Reading............................................ 369CR.............................................................455G.O., considered, passed.......................488Engrossed, to H ouse..............................493SAs rejected, conference requested,


HB 1107 — by Lancaster, et al, of the House and Winn of the Senate — Insurance;

requiring Insurance Commissioner to develop plan subject to legislative enactment for apportionment of costs and insurers to issue pursuant to plan; requiring conversion. Effective date.1st Reading..............................................1852nd Reading............................................ 190

HB 1108 — by Davis (Guy), et al. of the House and Dennis, et al, of the Senate — Requiring Corporation Commission to project and assess electrical power and energy needs; requiring utilities and others to submit forecasting and system planning data. Operative date. Emergency.1st Reading............................................. 2602nd Reading............................................265C R .............................................................557G.O.. considered, passed.......................661Engrossed, to House ..............................669SAs rejected, conference requested.

HCs named...........................................708Conference granted. SCs nam ed.......... 712CCR read................................................. 748CCR adopted, passed, to House............7654th Reading, to House........................... 773

HB 1113 — by Ross, et al. of the House and McIntyre, et al. of the Senate — Schools; designating January 15 of each year to be “ Martin Luther King. Jr. Day” ; authorizing “ Martin Luther King. Jr. Day” to be school holiday. Effective date.1st Reading............................................. 3432nd Reading............................................354CR............................................................ 485G.O.. considered, passed.......................503Signed, to House.....................................5064th Reading, to House........................... 508

HB 1114 — by Davis (Frank) of the House and Leonard of the Senate — Civil procedure; providing for actions to quiet title; permitting joinder of action with action to recover possession; providing for payment of attorneys fees. Effective date.1st Reading..............................................1812nd Reading............................................ 185CR.............................................................324


HB 1115 — by Henry of the House and Clifton of the Senate — Definitions and general provisions; modifying standards for newspapers to be qualified to publish legal notices, advertisements, or publications of any kind; defining term. Effective date.1st Reading..............................................1962nd Reading............................................206C R .............................................................324G.O., considered, passed.......................479Signed, to House.....................................4794th Reading, to House........................... 487

HB 1116 — by Lewis, et al, of the House and Clifton of the Senate — Crimes and punishments; adding “ services” to things obtained with intent to cheat and defraud; clarifying misdemeanor and felony penalties. Effective date.1st Reading............................................. 2822nd Reading............................................291C R ............................................................ 557G.O., considered, passed...................... 596Engrossed, to H ouse............................. 599SAs rejected, conference requested,

HCs named.......................................... 645Conference granted, SCs nam ed..........655CCR read.................................................748CCR adopted, passed............................767ML; adopted...................................768; 771CCR rejected, further conference

requested.............................................771Further conference granted....................774CCR read, conferees unable

to agree................................................869

HB 1117 — by Draper of the House and Cate, et al, of the Senate — Intoxicating liquors; limiting age for consumption or sale of nonintoxicating beverages. Operative date.1st Reading............................................. 3432nd Reading............................................354CR.............................................................551WD; rereferred........................................714

G .O ., considered, passed ............................495Signed, to H ou se .............................................4964th R eading, to H o u s e .................................501

HB 1118 — by Thompson of the House and Dennis of the Senate — Agriculture; permitting trimming and removal of trees for certain purposes. Effective date.1st Reading.............................................1812nd Reading........................................... 185C R ............................................................ 399G.O., considered, passed...................... 535Engrossed, to H ouse.............................. 544SAs rejected, conference requested,


HB 1119 — by Morgan, et al, of the House and Dawson, et al, of the Senate — Oil and gas; providing for plugging, replugging, or repairing of wells; providing for emergencies. Effective date.1st Reading............................................. 2182nd Reading............................................226CR.............................................................522G.O., considered, passed.......................548Signed, to House.....................................5514th Reading, to House........................... 554

HB 1120 — by Brown, et al, of the House and Watson, et al, of the Senate — Crimes and punishments; prohibiting lewd or indecent proposals or acts to children; modifying age requirement. Effective date.1st Reading............................................. 3212nd Reading............................................336CR.............................................................426G.O., considered, passed.......................460Engrossed, to H ouse..............................4704th Reading, to House........................... 501

HB 1122 — by Williams (Freddye), et al, of the House and Porter of the Senate — State government; providing longevity pay plan; stating requirements; providing procedure; modifying method of determining years of service. Emergency.1st Reading............................................. 4422nd Reading............................................453C R .............................................................656


HB 1123 — by Vanatta, et al, of the House and Randle of the Senate — Banks and trust companies; authorizing outside facilities; authorizing branch banking; providing for bank holding companies and multibank holding companies. Operative date. Emergency.1st Reading............................................. 3372nd Reading............................................343CR.............................................................551G.O., considered, passed.......................582Engrossed, to H ouse..............................599SAs rejected, conference requested,


HB 1124 — by Shurden — Labor; fixing disqualifications for unemployment compensation benefits; limiting disqualification. Effective date.1st Reading............................................. 3952nd Reading............................................410

HB 1125 — by Baughman of the House and Capps, et al, of the Senate — Specifying retirement and disability allowances for Teachers’ Retirement System; modifying eligibility for minimum average salary. Operative date. Emergency.1st Reading............................................. 3432nd Reading............................................354CR.............................................................455G.O., considered, passed.......................478Engrossed, to H ouse..............................488SAs rejected, conference requested,

Special Conference on RetirementLaws........................................... 499; 605

Conference granted. SpecialConference on Retirement L aw s..... 504

Died in conference

G .O ., considered, p assed ............................740Engrossed, to H o u s e .................................... 7474th Reading, to H o u s e .................................765

H B 1126 — by M entzer o f the House andJohnson o f the Senate — Public health and

safety; providing for sales by Oklahoma State Bureau of Narcotics and Dangerous Drugs Control of certain property; providing procedures and records. Emergency.1st Reading............................................. 2962nd Reading............................................307CR.............................................................567G.O., considered, passed.......................652Engrossed, to House ..............................6594th Reading, to House........................... 685

HB 1129 — by Blodgett, et al, of the House and Landis, et al, of the Senate — Revenue and taxation; modifying definition of gross receipts or gross proceeds to exclude certain property; providing method of computing taxes on certain retail sales. Operative date. Emergency.1st Reading............................................. 3432nd Reading........................................... 354CR............................................................ 557G.O., considered, passed.......................600Engrossed, to H ouse..............................605SAs rejected, conference requested,


to agree................................................ 869

HB 1131 — by Baughman, et al. of the House and Rozell of the Senate — Eminent domain; requiring reimbursement of owner for expenses incurred in acquisition of property along with award of compensation payment; providing for reversion of acquired property. Effective date.1st Reading............................................. 3862nd Reading............................................395

HB 1132 — by Sanders of the House and Randle of the Senate — Motor vehicles; not allowing van or van wagon type with multiple passenger seats to be registered as truck and issued commercial truck license. Effective date.1st Reading............................................. 3082nd Reading............................................321


HB 1133 — by Clark, et al, of the House — Children; defining terms; adding term handicapped child; extending meaning of term deprived child to include certain handicapped and nonhandicapped children. Emergency.1st Reading.............................................4252nd Reading........................................... 441Change in committee assignment........ 448

HB 1134 — by Duckett, et al, of the House and Smith, et al, of the Senate — State government; requiring law enforcement officials to enter information of missing persons and recovery of same entries to Bureau of Investigation and National Crime Information Center. Effective date.1st Reading............................................. 3702nd Reading............................................385CR.............................................................557G.O., considered, passed.......................664Engrossed, to H ouse..............................6694th Reading, to House........................... 703

HB 1136 — by Riggs, et al, of the House and McCune, et al, of the Senate — Civil procedure; establishing Dispute Resolution Act. Operative date. Emergency.1st Reading............................................. 2692nd Reading............................................274C R ............................................................ 446G.O., considered, passed.......................460Engrossed, to H ouse..............................4704th Reading, to House........................... 559

HB 1138 — by Baughman, et al, of the House and Dawson of the Senate — Revenue and taxation; allowing information onvolume of producing formations and well classifications to be released; authorizing agents to examine records. Effective date.1st Reading............................................. 2272nd Reading............................................253CR.............................................................557G.O., considered, passed.......................570Engrossed, to House ..............................5784th Reading, to House........................... 622

H B 1139 — by Abbott o f the H ouse andH ow ell o f the Senate — State government;

providing for employee contributions to Oklahoma Public Employees Retirement System; modifying rate of contribution. Operative date. Emergency.

St Reading............................................. 2602nd Reading............................................265CR.............................................................576G.O., considered, failed........................ 635M L ........................................................... 635

HB 1140 — by Abbott of the House and Howell of the Senate — State government; relating to Oklahoma Public Employees Retirement System; calculation for determining benefits; discontinuation provision for disability benefits. Operative date. Emergency.1st Reading............................................. 2602nd Reading............................................265C R .............................................................455G.O., considered, passed.......................513Engrossed, to H ouse..............................519SAs rejected, conference requested.....530Conference granted, SCs nam ed.........538WD; Referred to Special Conference

on Retirement Laws..........................597Died in conference

HB 1141 — by Deatherage, et al, of the House and Cate, et al, of the Senate — Children; providing for custody of child during separation of parents; authorizing joint custody; requiring preferences for custody of child. Operative date. Emergency.1st Reading........................................... 3212nd Reading..........................................336C R ...........................................................531G.O., considered, passed.....................610Engrossed, to H ouse............................622SAs rejected, conference requested,

HCs named........................................ 709Conference granted, SCs nam ed........ 712CCR read............................................... 811CCR adopted, passed, to House..........8284th Reading, to House.........................834

HB 1142 — by Lewis of the House and Clifton of the Senate — Elections; eliminating prohibition against election contests; establishing procedures and requirements for


contesting or requesting recount of noncandidate elections results. Effective date.1st Reading............................................. 3542nd Reading............................................369C R .............................................................550G.O., considered, passed.......................609Engrossed, to H ouse..............................622SAs rejected, conference requested,

HCs named.......................................... 645Conference granted, SCs nam ed.......... 655CCR read..................................................823CCR rejected, further conference

requested............................................. 828Further conference granted.................... 829CCR read, conferees unable

to agree................................................ 869

HB 1144 — by Widener, et al, of the House and Taylor, et al, of the Senate — Insurance; providing for prepaid funeral contracts and distinguishing contracts used therefor; providing procedures. Operative date. Emergency.1st Reading............................................. 2822nd Reading........................................... 291CR.............................................................517G.O., considered, passed.......................547Engrossed, to H ouse..............................554SAs rejected, conference requested,

HCs named.......................................... 567Conference granted, SCs nam ed..........575CCR read..................................................811CCR adopted, passed, to House........... 8194th Reading, to House........................... 825

HB 1146 — by Deatherage, et al, of the House and York of the Senate — Civil procedure; providing for notice of garnishment aetions. Effective date. Emergency.1st Reading............................................. 2602nd Reading............................................265C R .............................................................551G.O., considered, passed.......................606Engrossed, to H ouse..............................622SAs rejected, conference requested,

HCs named................................ 646; 666Conference granted, SCs nam ed..........655CCR rejected, further conferenee

requested............................................. 829

Further conference granted.................... 8362nd CCR read ......................................... 8442nd CCR adopted, passed, to House ...858 4th Reading, to House........................... 862

HB 1147 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Oklahoma Public Employees Retirement System; making appropriations; modifying rate of contribution by employees. Emergency.1st Reading............................................. 3222nd Reading............................................336C R .............................................................632G.O., considered, passed.......................717Engrossed, to H ouse..............................723SAs rejected, conference requested,


HB 1150 — by Hall, et al, of the House and Landis of the Senate — Granting peace officer powers and authority to Alcoholic Beverage Control Board, Director, Assistant Director, and certain agents and inspectors; extending powers to certain persons. Effective date.1st Reading............................................. 3222nd Reading............................................336C R ............................................................ 455G.O., considered, passed............ 505; 537Engrossed, to H ouse..............................5444th Reading, to House........................... 559

HB 1151 — by Abbott, et al, of the House and Howell of the Senate — Schools; providing for payment of certain insurance premiums by Teachers’ Retirement System; providing for refunds. Operative date. Emergency.1st Reading............................................. 4422nd Reading............................................453C R ............................................................ 485G.O., considered, passed.......................514Engrossed, to H ouse..............................519SAs rejected, conference requested..... 530


Conference granted, SCs nam ed.......... 538WD; referred to Special Conference

on Retirement Law s........................... 597Died in conference

HB 1153 — by Abbott, et al, of the House and Stipe, et al, of the Senate — Teachers’ Group Health and Life Insurance Act; providing for certain refunds from retirement system. Operative date. Emergency.1st Reading............................................. 2602nd Reading............................................265CR............................................................ 455G.O., considered, passed.......................525Engrossed, to H ouse..............................533SAs rejected, conference requested..... 549Conference granted. Special

Conference on Retirement L aw s..... 560WD; HCs named.....................................630SCs named...............................................631Died in conference

HB 1156 — by Harris, et al, of the House and Taliaferro of the Senate — Conveyances; providing for selling, conveying, leasing, or mortgaging of homestead when one spouse is incapacitated; providing procedures. Operative date. Emergency.1st Reading............................................. 3542nd Reading............................................369CR.............................................................557G.O., considered, passed.......................691Engrossed, to H ouse..............................695SAs rejected, conference requested,


HB 1158 — by Haney, et al, of the House and McDaniel of the Senate — Statutes and reports; authorizing monthly publication of Oklahoma Register. Effective date.1st Reading............................................. 2652nd Reading............................................269CR.............................................................324G.O., considered, passed.......................534Signed, to House.....................................5414th Reading, to House........................... 544

HB 1160 — by Lewis, et al, of the House and Giles, et al, of the Senate — Oklahoma State Bureau of Narcotics and Dangerous Drugs Control Director to be appointed by Commission. Operative date.1st Reading.............................................4672nd Reading........................................... 476C R ............................................................567G.O., considered, passed...................... 670Engrossed, to H ouse............................. 6784th Reading, to House.......................... 703

HB 1161 — by Harbin, et al, of the House and Stipe of the Senate — Motor vehicles; providing procedures for issuance of special license plates for travel trailers. Effective date.1st Reading............................................. 2822nd Reading........................................... 291

HB 1162 — by Caldwell — Schools; specifying procedures and qualifications for retirement from Teachers’ Retirement System; modifying certain option. Operative date. Emergency.1st Reading............................................. 4422nd Reading............................................453

HB 1163 — by Monks, et al, of the House and Stipe, et al, of the Senate — Labor; modifying minimum wage requirement; deleting maximum age requirement for minimum wage; increasing certain minimum wages; modifying penalties. Effective date.1st Reading............................................. 2912nd Reading............................................ 296CR.............................................................455G.O., considered, passed.......................515Engrossed, to H ouse..............................5194th Reading, to House........................... 534

HB 1165 — by Cotner of the House and Winn of the Senate — Crimes and punishments; modifying provisions relating to escape from incarceration; creating County Health Care Revolving Fund. Effective date.1st Reading............................................. 2822nd Reading............................................291CR.............................................................455

House Bills — Inde:. 973

HB 1166 — by Osborne of the House and McCune of the Senate — Cities and towns; limiting territories which may be included in proposed municipality or plat; excepting counties from such limitation. Effective date.1st Reading............................................. 3222nd Reading............................................336

HB 1167 — by McCorkell of the House and Cain of the Senate — Children; providing for notice and hearing in cases of adoption without consent of parents; providing procedures. Effective date.1st Reading............................................. 3952nd Reading............................................410C R .............................................................485G.O., considered, passed.......................536Signed, to House.....................................5414th Reading, to House........................... 544

HB 1169 — by McCorkell of the House and Cullison of the Senate — Revenue and taxation; providing for sessions of county boards of equalization; extending time for complaints; providing date for certain reports by county assessors. Emergency.1st Reading............................................. 3862nd Reading............................................395C R .............................................................455G.O., considered, passed.......................572Engrossed, to H ouse..............................578SAs rejected, conference requested,

HCs nam ed................................ 617; 628Conference granted, SCs nam ed..........631CCR read................................................. 674CCR adopted, passed, to House........... 7484th Reading, to House........................... 751

HB 1170 — by Kincheloe, et al, of the House and Roberts of the Senate — Manufactured homes; requiring liability insurance; requiring registration; providing for issuance of title certificate; procedures; providing for assessments. Operative date. Emergency.

G .O ., considered, passed ............................497Engrossed, to H o u s e .................................... 5014th R eading, to H o u s e .................................520


HB 1172 — by Hamilton — Prisons and reformatories; providing for parole eligibility; requiring Pardon and Parole Board to perform certain duties; requiring minimum periods of confinement. Effective date.1st Reading............................................. 4562nd Reading............................................467

HB 1173 — by Hooper, et al, of the House and Taliaferro, et al, of the Senate — Children; requiring law enforcement officers, upon notification of missing children, to immediately initiate investigation into disappearance of child. Emergency.1st Reading............................................. 2752nd Reading............................................282C R .............................................................337G.O., considered, passed.......................491Engrossed, to H ouse..............................493SAs rejected, conference requested,


HB 1174 — by Hamilton, et al, of the House and Winn, et al. of the Senate — Professions and occupations; providing for qualifications of and examination for license to practice embalming and funeral directing; increasing fees; requiring license. Operative date.1st Reading............................................. 3952nd Reading............................................410CR.............................................................557G.O., considered, passed.......................680ML; tabled......................................682; 685Engrossed, to H ouse..............................6954th Reading, to House........................... 747

HB 1176 — by Deatherage, et al, of the House and Cate of the Senate — Initiative and referendum; specifying requirements for ballot titles; specifying procedures for writing and approving ballot titles.


1st Reading............................................. 2962nd Reading............................................307C R ............................................................ 492G.O.. considered, passed............ 515; 547Engrossed, to H ouse..............................554SAs rejected, conference requested,

HCs named..........................................567Conference granted, SCs nam ed..........575CCR read.................................................799CCR adopted, passed, to House........... 8084th Reading, to House........................... 816

HB 1179 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Schools; making appropriations to State Board of Education. Operative date. Emergency.1st Reading............................................. 7442nd Reading............................................749CR.............................................................763G.O., considered, passed.......................788ML; tabled.................................... 789; 819Engrossed, to H ouse.............................. 822SAs rejected, conference requested,


HB 1180 — by Deatherage, et al, of the House and Randle, et al, of the Senate — State Board of Vocational and Technical Education; making appropriations; providing for flat grants for vocational education teachers. Operative date. Emergency.1st Reading............................................. 4562nd Reading............................................467C R .............................................................576G.O., considered, passed.......................613Engrossed, to H ouse..............................622SAs rejected, conference requested,


H B 1181 — by Fitzgibbon o f the Houseand Johnson, et al, o f the Senate — M ines

and mining; recreating Ottawa Reclamation Authority. Operative date. Emergency.1st Reading.............................................2922nd Reading........................................... 296C R ............................................................598G.O., considered, passed...................... 653Signed, to House.................................... 6574th Reading, to House ........................... 659

HB 1182 — by Sanders of the House and Johnson of the Senate — Professions and occupations; recreating and changing name of Oklahoma State Board of Chiropody to Oklahoma State Board of Podiatry; adding lay member to Board. Operative date. Emergency.1st Reading............................................. 2922nd Reading............................................296C R .............................................................598G.O., considered, passed.......................653Engrossed, to H ouse..............................6594th Reading, to House........................... 685

HB 1183 — by Harbin of the House and Johnson of the Senate — Cities and towns; recreating Public Employees Relations Board. Operative date. Emergency.1st Reading............................................. 2922nd Reading............................................296C R .............................................................666G.O., considered, passed.......................708Signed, to House.....................................7104th Reading, to House........................... 712

HB 1184 — by Glover, et al, of the House and Taliaferro of the Senate — Definitions and general provisions; declaring “ Oklahoma Waltz” to be official state waltz. Effective date.1st Reading............................................. 4562nd Reading............................................467CR.............................................................550WD; rereferred........................................687

HB 1185 — by Glover of the House and Johnson of the Senate — Schools; recreating Oklahoma Educational Television Authority; providing per diem. Operative date. Emergency.


1st Reading............................................. 4422nd Reading............................................453C R .............................................................650G.O., considered, passed.......................700Engrossed, to House ..............................7034th Reading, to House........................... 744

HB 1186 — by Henry of the House and Clifton of the Senate — Torts; defining terms; providing for immunity from civil liability for certain persons; providing exceptions. Effective date.1st Reading............................................. 4252nd Reading............................................441Change in committee assignment........ 467C R ............................................... (........... 557G.O., considered, passed.......................609Engrossed, to H ouse..............................6224th Reading, to House........................... 728

HB 1187 — by Henry of the House and Smith of the Senate — Court costs and fees; increasing fees in certain types of civil and criminal actions; providing exceptions for indigents; increasing amounts for small claims; providing form. Effective date. Emergency.1st Reading............................................. 3962nd Reading............................................410C R .............................................................531G.O., considered, passed............ 631; 665Engrossed, to H ouse..............................669SAs rejected, conference requested,

HCs named................................719; 756Conference granted, SCs nam ed..........730CCR read, conferees unable

to agree................................................ 869

HB 1188 — by Talley of the House and Watson of the Senate — State government; establishing Office of Federal Assistance Management; specifying duties and procedures; setting requirements and procedures for applications. Operative date. Emergency.1st Reading............................................. 3432nd Reading............................................354C R .............................................................666G.O., considered, passed.......................700

Engrossed, to H ouse..............................703SAs rejected, conference requested,

HCs named................................748; 756Conference granted, SCs nam ed..........752CCR read................................................. 832CCR adopted, passed, to House........... 8404th Reading, to House........................... 845

HB 1189 — by Davis (Guy) of the House and Rozell of the Senate — Motor vehicles; limiting height and length of certain vehicles; increasing width for vehicles operated on certain roads. Emergency.1st Reading............................................. 3962nd Reading............................................410C R .............................................................531G.O., considered, passed.......................560Engrossed, to H ouse..............................569SAs rejected, conference requested,


HB 1195 — by Davis (Guy) of the House and Taylor of the Senate — Professions and occupations; Cosmetology Act. Operative date. Emergency.1st Reading............................................. 4252nd Reading............................................441

HB 1196 — by Johnson (Don) of the House and Johnson of the Senate — Schools; repealing statutes which concern Professional Practices Commission pursuant to provisions of Oklahoma Sunset Law. Effective date.1st Reading............................................. 2922nd Reading............................................296C R .............................................................650G.O., considered, passed.......................701Signed, to House.....................................7024th Reading, to House........................... 703

HB 1199 — by Brown, et al, of the House and Taylor of the Senate — Professions and occupations; providing for election of Officers of Board of Barber Examiners; prescribing duties; defining practice of barbering.


1st Reading............................................. 3962nd Reading............................................410CR.............................................................557G.O., considered, passed.......................678ML; engrossed, to H ouse.............679; 695SAs rejected, conference requested,

HCs named.......................................... 709Conference granted, SCs nam ed............ 712CCR read, conferees unable

to agree................................................ 869

HB 1200 — by Twidwell of the House and Johnson of the Senate — Prisons and reformatories; recreating Private Prison Industries Board. Operative date. Emergency.1st Reading............................................. 2922nd Reading............................................296C R .............................................................539G.O., considered, passed.......................565Signed, to House.....................................5684th Reading, to House........................... 569

HB 1202 — by Lancaster, et al, of the House and Taliaferro of the Senate — Revenue and taxation; specifying adjustments allowed for arriving at corporate and individual taxable income; and providing for certain exceptions including farming corporations. Operative date. Emergency.1st Reading.............................................3962nd Reading........................................... 410

HB 1204 — by Lawter of the House and Luton of the Senate — State government; providing preference for Oklahoma produced goods; modifying determination of Oklahoma produced goods. Operative date. Emergency.1st Reading............................................. 2832nd Reading............................................291C R .............................................................387G.O., considered, passed.......................549Engrossed, to H ouse..............................569SAs rejected, conference requested,

HCs named.......................................... 597Conference granted, SCs nam ed.......... 604CCR rejected, further conference

requested............................................. 812Further conference granted.................... 816

HB 1206 — by Draper of the House and Kilpatrick of the Senate — Statutes and reports; providing procedures relating to compilation and distribution of official state statutes; specifying persons authorized to receive copies from state. Emergency.1st Reading............................................. 3962nd Reading............................................410CR.............................................................517G.O., considered, passed.......................686Engrossed, to H ouse..............................6954th Reading, to House........................... 747

HB 1207 — by Thompson of the House and Johnson of the Senate — Public finance; recreating State Depository Board. Effective date. Emergency.1st Reading............................................. 2922nd Reading............................................296CR.............................................................666G.O., considered, passed....................... 717Engrossed, to H ouse..............................7234th Reading, to House........................... 760

HB 1208 — by Conaghan of the House and O’Connor of the Senate — Counties and county officers; providing for county commissioner districts; modifying time limitation; providing penalty. Effective date.1st Reading............................................. 2752nd Reading............................................282C R .............................................................387G.O., considered, passed.......................497Engrossed, to H ouse..............................501SAs rejected, conference requested,

HCs named.......................................... 513Conference granted, SCs nam ed.......... 515CCR read..................................................597CCR adopted, passed, to House............7254th Reading, to House........................... 728

HB 1209 — by Holden of the House and Terrill, et al, of the Senate — Insurance; Third-Party Administrator Act. Effective date.1st Reading............................................. 3222nd Reading............................................336CR.............................................................455G.O., considered, passed.......................474

1


HB 1210 — by Holden of the House and Winn of the Senate — Insurance; requiring certain licenses; transferring prepaid legal liability insurance from insurance agent or surplus lines insurance broker licensing to limited insurance representative. Emergency.1st Reading............................................. 3222nd Reading............................................336CR.............................................................455G.O., considered, passed.......................550Engrossed, to H ouse..............................5544th Reading, to House........................... 578

HB 1211 — by Abbott, et al, of the House and Winn, et al, of the Senate — Schools; specifying retirement and disability allowance for Teachers’ Retirement System; modifying eligibility for minimum average salary; allowing payback; providing refund. Operative date. Emergency.1st Reading............................................. 4422nd Reading............................................453CR.............................................................485G.O., considered, passed.......................662Engrossed, to H ouse..............................669SAs rejected, conference requested.

Special Conference on RetirementL aw s.................................................... 679

Conference granted. SpecialConference on Retirement L aw s......690Died in conference

HB 1212 — by Hobson of the House and Landis, et al, of the Senate — Cities and towns; providing for issuance of bonds by Oklahoma Municipal Power Authority and Urban Renewal Authority; limiting certain interest rates. Effective date.1st Reading..............................................3442nd Reading............................................ 354C R .............................................................557G.O., considered, passed.......................600Engrossed, to H ouse..............................605SAs rejected, conference requested,

HCs nam ed................................ 646; 666

Engrossed, to H o u s e .................................... 4774th R eading, to H o u s e ................................. 578

Conference granted, SCs nam ed.......... 655CCR read................................................. 841CCR adopted, passed, to House............8504th Reading, to House........................... 859

HB 1215 — by Williams (Freddye), et al, of the House and Howell of the Senate — Schools; extending powers of board of education of school district. Emergency.1st Reading............................................. 4252nd Reading............................................441C R ............................................................ 485G.O., considered, passed...................... 563Engrossed, to H ouse..............................569SAs rejected, conference requested,

HCs named................................ 597; 602Conference granted, SCs nam ed..........604CCR read................................................. 756CCR adopted, passed, to House........... 7714th Reading, to House.......................... 773

HB 1216 — by Henry , et al, of the House — Open Meeting Act; authorizing civil actions for violation of Open Meeting Act; providing procedures. Emergency.1st Reading............................................. 4422nd Reading............................................453

HB 1217 — by Mentzer, et al, of the House and Porter of the Senate — Mental health; providing for medical and surgical care for inmates and others; services by Oklahoma Memorial Hospital and Central State Griffin Memorial Hospital to be reimbursed. Operative date. Emergency.1st Reading............................................. 3962nd Reading............................................410C R .............................................................650

HB 1218 — by Mentzer of the House and Porter of the Senate — Revenue and taxation; creating Human Services Reserve Fund; providing for transfer of funds; providing for appropriation by Legislature in certain case. Emergency.1st Reading............................................. 2752nd Reading............................................282CR.............................................................598


HB 1221 — by Widener, et al, of the House and Giles, et al, of the Senate — Oil and gas; requiring all owners within natural gas well to share ratably in revenues; requiring distribution of revenues. Emergency.1st Reading............................................. 3442nd Reading............................................354CR.............................................................399G.O., considered, passed.......................405Engrossed, to H ouse..............................413SAs rejected, conference requested,

HCs named.......................................... 422Conference granted, SCs nam ed..........424CCR rejected, further conference

requested............................................. 502Further conference granted.................... 5092nd CCR read ......................................... 5262nd CCR adopted, passed......................529ML; tabled, to House................... 530; 5344th Reading, to House........................... 544

HB 1223 — by Lawter, et al, of the House and Stipe of the Senate — Labor; modifying provisions of Employment Security Act of 1980; modifying definition of wages; providing computation for weekly benefit amount; changing maximum benefit amount. Emergency.1st Reading............................................. 3702nd Reading............................................385C R ............................................................ 557G.O., considered, passed.......................570Engrossed, to H ouse..............................578SAs rejected, conference requested,

HCs nam ed............................... 617; 624Conference granted, SCs nam ed..........631CCR rejected, further conference

requested............................................. 835Further conference granted.................... 8402nd CCR rejected, further conference

requested............................................. 841Further conference granted.................... 8423rd CCR read...........................................8613rd CCR adopted, passed to House......8614th Reading, to House........................... 865

H B 1224 — by Murphy o f the H ouse andD ennis, et al, o f the Senate — Criminalprocedure; providing for paym ent o f w it

nesses in criminal cases; providing for conditional examination of witnesses in criminal cases. Operative date. Emergency.1st Reading............................................. 3962nd Reading............................................410C R .............................................................557G.O., considered, passed.......................671Signed, to House.....................................6754th Reading, to House........................... 678

HB 1226 — by Leftwich, et al, of the House — Motor vehicles; prohibiting application of certain materials to or replacement of windows with certain equipment on any motor vehicle; vehicle not to pass motor vehicle inspection. Effective date.1st Reading............................................. 2922nd Reading............................................296

HB 1227 — by Anderson of the House and Taylor, et al, of the Senate — Children; modifying definition of “ deprived child” ; stating exception. Effective date.1st Reading............................................. 3962nd Reading............................................410CR.............................................................557WD; rereferred........................................636

HB 1228 — by Anderson, et al, of the House and Cain of the Senate — Children; specifying contents of placement plan; providing procedures of review of order removing child from custody of natural parents; creating State Foster Care Review Advisory Board. Effective date.1st Reading............................................. 2972nd Reading............................................ 308C R .............................................................567G.O., considered, passed.......................634Signed, to House.....................................6504th Reading, to House........................... 651

HB 1229 — by Glover, et al, of the House and Taliaferro of the Senate — Public finance; providing for payments, restrictions and limitations on collateral securities; adding notes and bonds to payments, limitations and restrictions. Effective date.1st Reading............................................. 4422nd Reading............................................453


HB 1230 — by Vaughn of the House and Combs of the Senate — Public health and safety; adding definition of comprehensive health maintenance services; authorizing organization and operation of health maintenance organizations; providing for contracts. Effective date.1st Reading............................................. 4262nd Reading........................................... 441C R .............................................................567G . O ., considered, passed.......................610Engrossed, to H ouse..............................622SAs rejected, conference requested,

HCs named...........................................680Conference granted, SCs nam ed..........696CCR rejected, further conference

requested............................................. 822Further conference granted.................... 8292nd CCR read ......................................... 8412nd CCR adopted, passed, to House ...843 4th Reading, to House........................... 845

HB 1231 — by Brown, et al, of the House and Leonard, et al, of the Senate — Fees; requiring fees collected for execution of United States passport applications be deposited in County General Fund; requiring written election to process passports. Effective date.1st Reading............................................. 3232nd Reading......................... 336CR.............................................................557G.O., considered, passed.......................607Engrossed, to H ouse.............................. 6224th Reading, to House........................... 670

HB 1233 — by Lewis — Criminal procedure; relating to restitution agreements entered into by district attorney; modifying use of said funds. Effective date.1st Reading............................................. 3542nd Reading............................................ 369

HB 1234 — by Lewis, et al, of the House and Clifton of the Senate — Criminal procedure; providing for certain sentencing powers of court; allowing for collection of interest on certain payments. Effective date.1st Reading............................................. 3542nd Reading............................................369

C R ............... 426G.O., considered, passed.......................479Signed, to House.....................................4804th Reading, to House...........................487

HB 1235 — by Lewis of the House and Cullison of the Senate — Consumer Protection Act; requiring license prior to certain sales; providing for application; requiring affidavit and surety bond; prohibiting certain sales. Effective date.1st Reading............................................. 3082nd Reading............................................321CR............................................................ 517G.O., considered, passed.......................602Signed, to House.....................................6044th Reading, to House........................... 605

HB 1236 — by Hill, et al, of the House and Dawson of the Senate — Motor vehicles; providing system for registration and licensing of vehicles; requiring owners to provide proof of assessment of taxes; providing distribution of monies. Effective date.1st Reading............................................. 4262nd Reading............................................441

HB 1239 — by McCorkell of the House and Cain of the Senate — Children; providing for maintenance of certain persons; providing for admission to institutions; providing for procedures; providing for release and guardianship. Operative date. Emergency.1st Reading............................................. 4262nd Reading............................................441C R ............................................................ 567G.O., considered, passed.......................627ML; signed, to H ouse.................. 627; 6674th Reading, to House........................... 670

HB 1243 — by Haney, et al, of the House and Dawson of the Senate — Revenue and taxation; providing for payment of tax on oil and gas production; requiring reports and prescribing content; providing for assignment of numbers; modifying application. Emergency.1st Reading............................................. 3232nd Reading............................................336


HB 1245 — by Denman, et al, of the House and Terrill of the Senate — Providing procedures for civil rights complaints; allowing persons to maintain action in district court under certain circumstances; providing procedures. Effective date.1st Reading............................................. 2532nd Reading............................................259CR.............................................................557G.O., considered, failed........................ 562ML; adopted, fa iled .............562; 601, 602

HB 1247 — by Denman of the House and Combs of the Senate — Professions and occupations; providing for revocation, suspension and reissuance of certificates to practice optometry; providing for continuing education. Emergency.1st Reading............................................. 3232nd Reading............................................336C R .............................................................387G.O., considered, passed.......................448Signed, to House.....................................4484th Reading, to House...........................453

HB 1248 — by Smith (Bill), et al, of the House and Landis of the Senate — Motor vehicles; requiring certificates of title for junked or dismantled vehicles; providing for penalties; providing fees and procedures; providing for verification of mileage. Emergency.1st Reading............................................. 4432nd Reading............................................453C R ............................................................ 551G.O., considered, passed....................... 578Engrossed, to H ouse..............................5994th Reading, to House...........................651

HB 1251 — by Morgan, et al, of the House and Dawson, et al, of the Senate — Oil and gas; requiring furnishing of agreements and evidence of financial ability to comply with plugging requirements; stating requirements of bond; providing for forfeiture. Effective date.1st Reading ..............................................4562nd Reading............................................467C R .............................................................523

G .O ., considered, passed ............................ 548Engrossed, to H o u s e .....................................5544th R eading, to H o u s e ................................. 569

HB 1252 — by Harbin, et al, of the House and Roberts of the Senate — Cities and towns; providing for cleaning and mowing of property; modifying notice requirements; providing for procedures, hearings, costs and payments related to cleaning and mowing. Emergency.1st Reading............................................. 2752nd Reading............................................282C R .............................................................388G.O., considered, passed................. ...496Engrossed, to H ouse..............................5014th Reading, to House........................... 520

HB 1256 — by Johnson (Don) of the House and Johnson of the Senate — Professions and occupations; recreating State Board of Medical Examiners; adding lay member; providing qualifications; certain applicants not examined. Modifying fees. Operative date. Emergency.1st Reading.............................................2922nd Reading........................................... 296C R ............................................................632G.O., considered, passed...................... 718Engrossed, to H ouse............................. 7234th Reading, to House...........................747

HB 1257 — by Hooper of the House and Smith of the Senate — Civil procedure; providing procedure for issuance of prejudgment garnishee summons; eliminating procedures for issuance of post judgment garnishee summons. Effective date.1st Reading............................................. 4432nd Reading............................................453C R .............................................................557G.O., considered, passed.......................580Engrossed, to H ouse.............................. 599SAs rejected, conference requested,

HCs named...........................................645Conference granted, SCs nam ed..........655CCR read, conferees unable to agree...869


HB 1262 — by Deatherage, et al, of the House and Randle, et al, of the Senate — State officers and employees; increasing maximum number of full-time-equivalent employees and total funds for salaries for Oklahoma Employment Security Commission. Operative date. Emergency.1st Reading............................................. 4562nd Reading............................................467CR.............................................................539G.O., considered, passed.......................738Engrossed, to H ouse..............................747SAs rejected, conference requested,

GCCA...................................................755Conference granted, GCCA...................760CCR read.................................... ; ...........786CCR adopted, passed, to House........... 8204th Reading, to House........................... 825

HB 1263 — by Williams (Freddye) of the House and Porter of the Senate — State capital and capitol building; providing for notice and hearings for certain violations; modifying time period for notification; providing procedures. Emergency.1st Reading............................................. 4432nd Reading............................................453CR........................................ 550G.O., considered, passed.......................635Signed, to House.................. 6504th Reading, to House........................... 651

HB 1264 — by Kelly, et al, of the House and Roberts of the Senate — Schools; providing for state aid to Oklahoma School for Blind and Oklahoma School for Deaf. Effective date.1st Reading............................................. 4562nd Reading............................................467C R .............................................................598G.O., considered, passed.......................728Engrossed, to H ouse..............................738SAs rejected, conference requested,

HCs named.......................................... 756Conference granted, SCs nam ed.......... 760CCR read, conferees unable

to agree................................................ 869

HB 1265 —̂ by Rogers of the House and Dahl of the Senate — Revenue and taxation; specifying date taxes are due; increasing interest rate for delinquent taxes; increasing certain fees. Operative date. Emergency.1st Reading............................................. 3542nd Reading............................................369C R ............................................................ 551G.O., considered, failed........................ 663ML; adopted...................................663; 687WD; rereferred........................................687

HB 1266 — by Draper, et al, of the House and Randle of the Senate — Insurance; transferring monies in Insurance Commissioner and Property and Casualty Rates Board Funds to General Revenue Fund; increasing fee; receipts for certain fund to General Revenue Fund. Emergency.1st Reading............................................. 4562nd Reading............................................467C R ............................................................ 656G.O., considered, passed.......................732Engrossed, to H ouse..............................738SAs rejected, conference requested,


HB 1268 — by Draper, et al, of the House and Randle of the Senate — Revenue and taxation; creating funds; providing for distribution of income tax funds; authorizing transfer Of monies to General Revenue Fund; making appropriation. Emergency.1st Reading............................................. 4572nd Reading............................................467C R ............................................................ 656G.O., considered, passed.......................730Engrossed, to H ouse..............................738SAs rejected, conference requested,



HB 1271 — by Abbott, et al, of the House and Howell of the Senate — Schools; requiring State Board of Education to keep register of certain children; providing for delivery of certain services to certain children; defining term. Emergency.1st Reading............................................. 3542nd Reading............................................369C R ............................................................ 485G.O., considered, passed.......................514Engrossed, to H ouse..............................5194th Reading, to House........................... 534

HB 1272 — by Hill, et al, of the House and Clifton, et al, of the Senate — Counties and county officers; duties of county purchasing agents; providing procedure for purchase and receipt of supplies, materials and equipment; providing lease-purchase for road equipment. Emergency.1st Reading............................................. 3542nd Reading............................................369CR............................................................ 523G.O., considered, passed.......................614ML; adopted............................................616G.O., considered, passed.......................623Engrossed, to H ouse..............................633SAs rejected, conference requested,

HCs named.......................................... 678Conference granted, SCs nam ed..........690CCR read................................................. 763CCR adopted, passed, to House............7834th Reading, to House........................... 792

HB 1273 — by Duckett of the House and Keller of the Senate — Children; requiring consent of certain persons prior to adoption decree; authorizing statement of consent in lieu of court appearance; providing procedures. Emergency.1st Reading............................................. 4432nd Reading............................................453

HB 1274 — by Lewis — State government; modifying Oklahoma Public Employees Retirement System by allowing conservation districts to become eligible employees. Effective date.1st Reading............................................. 3082nd Reading............................................321

HB 1275 — by Lewis of the House and Clifton of the Senate — Abstracting; authorizing abstractors access to instruments; increasing abstractors’ bonds; providing limitations and penalties. Emergency.1st Reading............................................. 3862nd Reading............................................ 395CR.............................................................499G.O., considered, passed...................... 513Engrossed, to H ouse..............................5194th Reading, to House........................... 534

HB 1278 — by Brown, et al, of the House and McDaniel of the Senate — Public health and safety; providing for issuance of organ donor cards; providing procedures. Effective date.1st Reading............................................. 3552nd Reading............................................369C R .............................................................567G.O., considered, passed...................... 605Engrossed, to H ouse............................. 622SAs rejected, conference requested,

HCs named.......................................... 645Conference granted, SCs nam ed..........655CCR read................................................. 707CCR adopted, passed, to House........... 7434th Reading, to House...........................747

HB 1281 — by Sherrer of the House and Capps of the Senate — Agriculture; relating to brucellosis eradication area; removing provision which requires suspension of program due to exhaustion of funds; providing funding. Emergency.1st Reading............................................. 3962nd Reading............................................410C R ............................................................ 455G.O., considered, passed.......................502ML; engrossed, to H ouse.............502; 5334th Reading, to House........................... 554

HB 1282 — by Sherrer of the House and Capps of the Senate — Weights and measures; authorizing board of control to have charge of standards of weights, measures and testing devices; providing for state standards; providing powers and duties. Effective date.


1st Reading............................................. 3962nd Reading............................................410CR.............................................................492G.O., considered, passed.......................527Signed, to House.....................................5314th Reading, to House........................... 534

HB 1286 — by Williams (Penny), et al, of the House and Randle, et al, of the Senate — — Schools; establishing Oklahoma School of Science and Mathematics; providing for board of trustees; providing for budgets; creating fund. Operative date. Emergency.1st Reading............................................. 4572nd Reading............................................467CR.............................................................557G.O., considered, passed.......................688Engrossed, to H ouse.............................. 695SAs rejected, conference requested,

HCs nam ed................................ 709; 726Conference granted, SCs nam ed..........712CCR read..................................................841CCR adopted, passed, to House........... 8584th Reading, to House........................... 862

HB 1292 — by Riggs, et al, of the House and Leonard of the Senate — Torts; providing for access to certain medical and psychiatric records; disallowing communications to be privileged. Effective date.1st Reading............................................. 3972nd Reading............................................410CR.............................................................557G.O., considered, passed.......................690Engrossed, to H ouse.............................. 695SAs rejected, conference requested,

HCs named.......................................... 709Conference granted, SCs nam ed..........712CCR read..................................................861CCR rejected, further conference

requested............................................. 866Died in conference

HB 1293 — by Riggs of the House and Leonard of the Senate — Civil procedure; providing for contents of petition; requiring claims for damages to be general assertion; authorizing procedures for discovery of damages; limiting amount of recovery. Effective date.


HB 1296 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Oklahoma Horse Racing Commission; making appropriation; apportioning revenues. Operative date. Emergency.1st Reading............................................. 4432nd Reading............................................453CR.............................................................598G.O., considered, passed.......................639Engrossed, to H ouse..............................651SAs rejected, conference requested,


HB 1298 — by Deatherage, et al, of the House and York of the Senate — Public buildings and public works; Public Building Construction and Planning Act. Ojserative date. Emergency.1st Reading............................................. 3972nd Reading............................................410

HB 1299 — by Hooper of the House and Howell of the Senate — Insurance; Prepaid Dental Plan Act. Effective date.1st Reading............................................. 2922nd Reading............................................296C R ............................................................ 492G.O., considered, passed.......................538Signed, to House.....................................5414th Reading, to House........................... 544

HB 1302 — by Converse, et al, of the House and Dahl of the Senate — Soldiers and sailors; authorizing Oklahoma Department of Veterans Affairs to establish training programs; providing for funds; requiring contracts; providing for rules and regulations. Emergency.1st Reading............................................. 3972nd Reading............................................410CR.............................................................551G.O., considered, passed.......................680


Signed, to House.................................... 6834th Reading, to House.......................... 685

HB 1305 — by Davis (Guy) of the House and Rozell of the Senate — Public buildings and public works; providing for partial payment on contracts; providing for retainage of contracts. Emergency.1st Reading............................................. 3232nd Reading............................................336CR............................................................ 387G.O., considered, passed.......................460ML; WD; engrossed,

to H ouse............................461; 484; 488SAs rejected, conference requested,


HB 1306 — by Reimer, et al, of the House and Taylor of the Senate — Schools; providing for completion of certain grade for persons over certain age. Operative date. Emergency.1st Reading.............................................3232nd Reading............................................336C R ............................................................485G.O., considered, passed.......................528Engrossed, to H ouse..............................533SAs rejected, conference requested,


HB 1307 — by Johnson (Don) of the House and Shedrick of the Senate — Schools; relating to Council on Law Enforcement Education and Training; providing for requirements for law enforcement officers to maintain certification. Effective date.1st Reading............................................. 4572nd Reading............................................467C R ............................................................ 539G.O., considered, failed........................ 719

ML; adopted...................................719; 735Backed up to General O rder................. 747G.O., considered, failed........................ 752

HB 1308 — by Johnson (Don) of the House and Taliaferro of the Senate — Agriculture; providing procedures for converting businesses to cooperative. Emergency.1st Reading.............................................2832nd Reading........................................... 291C R ............................................................399G.O., considered, passed.......................439Engrossed, to H ouse..............................4474th Reading, to House........................... 453

HB 1312 — by Harris of the House and Roberts of the Senate — Fees; increasing fee for marriage ceremonies. Effective date.1st Reading............................................. 4572nd Reading........................................... 467CR............................................................ 506G.O., considered, failed........................ 529

HB 1314 — by Holt of the House and McCune of the Senate — Revenue and taxation; providing certain records and files be confidential and privileged; providing exceptions; allowing Tax Commission to transfer funds to state agencies. Effective date.1st Reading............................................. 3972nd Reading............................................410C R .............................................................551G.O., considered, passed.......................627Engrossed, to H ouse..............................633SAs rejected, conference requested,


HB 1315 — by Lancaster, et al, of the House and Johnson of the Senate — Civil procedure; providing for dismissals and procedures related thereto. Effective date.1st Reading............................................. 3972nd Reading............................................410Change in committee assignment.........467


HB 1316 — by Lancaster — Civil procedure; providing for interest on judgments of certain courts; changing interest rates on certain judgments. Emergency.1st Reading............................................. 4262nd Reading............................................441

HB 1317 — by Lancaster, et al, of the House and Rozell, et al, of the Senate — Counties and county road improvements; clarifying and modifying procedures relating to county road work or improvements; providing for road improvement bond; increasing interest. Operative date. Emergency.1st Reading............................................. 4432nd Reading............................................453C R .............................................................531G.O., considered, passed.......................636Engrossed, to H ouse..............................6514th Reading, to House........................... 703

HB 1318 — by Holden of the House and Terrill of the Senate — Insurance; providing for records; making certain acts unlawful and providing penalties; requiring reports; increasing and assessing fees; modifying qualifications for commissioner. Effective date.1st Reading............................................. 3972nd Reading............................................410CR.............................................................499G.O., considered, passed.......................503Engrossed, to H ouse..............................5084th Reading, to House........................... 544

HB 1319 — by Harbin, et al, of the House and Taliaferro of the Senate — Civil procedure; authorizing courts to dismiss certain actions, counterclaims or defenses; providing for awarding of costs, including attorney’s fees. Effective date.1st Reading............................................. 3982nd Reading............................................410Change in committee assignment........ 467

HB 1320 — by Harbin of the House and Stipe, et al, of the Senate — Mines and mining; removing termination date of certain fees. Operative date. Emergency.1st Reading............................................. 3232nd Reading............................................ 336

CR.............................................................523G.O., considered, passed.......................545 ^Signed, to House.................................... 5514th Reading, to House........................... 554

HB 1321 — by Mentzer of the House and Johnson of the Senate — State government; requiring inspection of city and county jails to ensure compliance with standards; requiring State Board of Health to promulgate standards for jail inspections. Operative date. Emergency.1st Reading............................................. 2972nd Reading............................................308C R .............................................................557G.O., considered, passed.......................644Signed, to House.....................................6504th Reading, to House........................... 651

HB 1323 — by Mentzer of the House and Porter of the Senate — Poor persons; authorizing Department of Human Services to acquire motor vehicles; providing for method of acquisition. Emergency.1st Reading............................................. 3082nd Reading............................................321

HB 1324 — by Mentzer of the House and Porter of the Senate — Poor persons; authorizing obtaining of certain records from financial institutions or agencies; providing for purpose; providing for costs. Emergency.1st Reading............................................. 2972nd Reading............................................308

HB 1325 — by Mentzer of the House and Porter of the Senate — Revenue and taxation; authorizing political subdivisions to levy certain taxes and fees; modifying in lieu of other tax provisions; eliminating certain sales tax exemptions. Operative date. Emergency.1st Reading............................................. 4432nd Reading............................................453

HB 1327 — by Talley of the House and Watson of the Senate — Public finance; establishing procedures for block grants; stating purpose; limiting expenditures; authoriz-


ing expenditures without legislative appropriation.1st Reading.............................................4432nd Reading............................................453CR............................................................ 667G.O., considered, passed...................... 707Engrossed, to H ouse............................. 712SAs rejected, conference requested,

HCs named.......................................... 734Conference granted, SCs nam ed.......... 744CCR read................................................. 799CCR adopted, passed, to House........... 8074th Reading, to House.......................... 816Vetoed..................................................... 852Veto override failed............................... 853

HB 1328 — by Deatherage, et al, of the House and Watson of the Senate — Federal Block Grant Funds; specifying general and special requirements for expenditures from block grants. Operative date. Emergency.1st Reading.............................................4572nd Reading . . . . , .....................................467CR............................................................667G.O., considered, passed.......................708Engrossed, to H ouse..............................712SAs rejected, conference requested,

HCs named..........................................734Conference granted, SCs nam ed..........744CCR read.................................................841Died in conference

HB 1331 — by Riggs of the House and Hopkins of the Senate — Counties; including public trust employees in definition of employee for limited purpose. Emergency.1st Reading............................................. 3862nd Reading............................................395C R ............................................................ 517G.O., considered, passed.......................544Engrossed, to H ouse..............................5544th Reading, to House........................... 569

HB 1332 — by Shurden of the House and Dahl of the Senate — Game and fish; prohibiting selling of certain wildlife; providing exceptions; providing for confiscation; providing for penalties for first and subsequent offenses. Operative date. Emergency.

1st Reading.............................................2972nd Reading........................................... 308CR............................................................ 399G.O., considered, passed...................... 562Signed, to House.................................... 5684th Reading, to House...........................569

HB 1334 — by Anderson of the House and McIntyre of the Senate — Prisons and reformatories; requiring inmate to complete forms designating persons to receive personal property of inmate in event of death of inmate. Emergency.1st Reading.............................................4442nd Reading........................................... 453CR............................................................ 557G.O., considered, passed...................... 624Engrossed, to H ouse............................. 6334th Reading, to House...........................703

HB 1335 — by Anderson of the House and Johnson of the Senate — Prisons and reformatories; providing Board of Directors for canteen services to be appointed by Director of Department of Corrections; allowing canteens; providing operating procedures. Effective date.1st Reading............................................. 4442nd Reading............................................453C R ........................................................... 557G.O., considered, passed......................645Signed, to House....................................6504th Reading, to House..........................651

HB 1337 — by Williamson of the House and Smith of the Senate — Criminal procedure; providing for competency procedures; prohibiting certain testimony; providing for appointments; providing for suspension of proceedings. Effective date.1st Reading........................................... 3982nd Reading..........................................410CR...........................................................557G.O., considered, passed.....................603Signed, to House...................................6044th Reading, to House......................... 605

H B 1338 — by W idener o f the H ouse andW inn o f the Senate — Insurance; L ife Insur-


ance and Annuity Policyholders Protection Act. Effective date.1st Reading............................................. 3982nd Reading............................................410CR.............................................................499G.O., considered, passed.......................537Engrossed, to H ouse..............................5444th Reading, to House........................... 559

HB 1339 — by Leftwich of the House and Hopkins of the Senate — Labor; repealing statute which relates to inspection and guarding of freight elevators. Emergency.1st Reading............................................. 3552nd Reading............................................369CR.............................................................455G.O., considered, passed.......................469Signed, to House.....................................4694th Reading, to House........................... 484

HB 1341 — by Lawter, et al, of the House and Clifton of the Senate — Insurance; modifying definitions in Insurance Adjusters Licensing Act; providing classes of insurance for which an adjuster may be licensed; establishing advisory board and procedures. Effective date.1st Reading............................................. 3982nd Reading............................................410CR.............................................................517G.O., considered, passed.......................630Engrossed, to H ouse..............................6334th Reading, to House........................... 670

HB 1345 — by Osborne — Public health and safety; prohibiting disposal of certain wastes into any reservoir or drainage basin; providing for penalties. Operative date. Emergency.1st Reading............................................. 4442nd Reading............................................453

HB 1346 — by Grieser of the House and Stipe of the Senate — Agriculture; authorizing employees of State Board of Agriculture to carry rifles or shotguns in vehicles. Emergency.1st Reading............................................. 2972nd Reading............................................ 308

C R ............................................................ 455G.O., considered, passed.......................494Signed, to House.....................................4954th Reading, to House........................... 501

HB 1347 — by Haney of the House and Shedrick of the Senate — Motor vehicles; providing period of revocation of license for persons under certain age. Effective date.1st Reading............................................. 4442nd Reading............................................453

HB 1348 — by Haney, et al, of the House and Dawson of the Senate — Schools; providing transfer of vocational training program and school at Stringtown Correctional Center from Department of Human Services to Board of Vocational and Technical Education. Operative date. Emergency.1st Reading............................................. 4442nd Reading............................................453C R ............................................................ 567G.O., considered, passed.......................644Engrossed, to H ouse..............................651SAs rejected, conference requested,

GCCA...................................................664Conference granted, GCCA...................671Died in conference

HB 1350 — by Lewis of the House and Shedrick of the Senate — Public finance; relating to collateral securities; increasing types of collateral securities used to secure dejx)sit of public funds. Emergency.1st Reading............................................. 3082nd Reading............................................321C R ............................................................ 455G.O., considered, passed.......................515ML; tabled......................................516; 530Engrossed, to H ouse..............................533SAs rejected, conference requested,

HCs named.......................................... 548Conference granted, SCs nam ed.......... 560CCR read................................................. 646CCR adopted, passed............................ 682ML; tabled, to House....................682; 6854th Reading, to House........................... 695

H B 1352 — by Denm an o f the H ouse andTerrill o f the Senate — Public health and


safety; defining terms; increasing certain dollar limits; providing for waiving of reviews. Emergency.1st Reading............................................ 3232nd Reading........................................... 336CR............................................................455G.O., considered, passed...................... 474Signed, to House.................................... 4744th Reading, to House.......................... 484

HB 1353 — by Denman of the House and Cate of the Senate — Professions and occupations; relating to State Dry Cleaners’ Board; increasing per diem; providing for powers and duties of board. Emergency.1st Reading............................................. 4442nd Reading............................................453C R ............................................................ 598G.O., considered, passed.......................755Engrossed, to H ouse..............................760SAs rejected, conference requested,


HB 1356 — by Cotner, et al, of the House and Stipe, et al, of the Senate — Cities and towns; providing for correction of errors and defects in recorded plats; providing for certificates executed by registered land surveyors. Effective date.1st Reading............................................. 3442nd Reading............................................354C R ............................................................ 426G.O., considered, passed.......................495Signed, to House.....................................4954th Reading, to House........................... 501

HB 1358 — by Sill of the House and Clifton of the Senate — Insurance; Oklahoma Life, Accident and Health Insurance Broker Act. Effective date.1st Reading............................................. 3982nd Reading............................................410C R .............................................................517G.O., considered, passed.......................640Engrossed, to House ..............................651

SAs rejected, conference requested,HCs named.......................................... 662

Conference granted, SCs nam ed.......... 671CCR read................................................. 687CCR adopted, passed.............................705ML; adopted...................................705; 706CCR rejected, further conference

requested............................................. 706Further conference granted.................... 7102nd CCR read ......................................... 7142nd CCR adopted, passed, to House ...7404th Reading, to House........................... 747

HB 1360 — by Graves of the House and Smith of the Senate — Criminal procedure; providing for defense of insanity; providing for custody of persons acquitted by reason of insanity. Effective date.1st Reading............................................. 4572nd Reading............................................467C R .............................................................557G.O., considered, passed.......................598Signed, to House.....................................5984th Reading, to House........................... 599

HB 1363 — by Converse — Insurance; providing standard policy provisions for fire insurance policies; permitting variations and additions; authorizing State Board for Property and Casualty Rates to approve forms. Effective date.1st Reading............................................. 4442nd Reading............................................453

HB 1364 — by Johnson (Don), et al, of the House and McCune of the Senate — Crimes and punishment; authorizing possession of certain slot machines. Operative date. Emergency.1st Reading............................................. 4572nd Reading............................................467C R .............................................................567G.O., considered, passed.......................580ML; failed ..................................... 580; 630Engrossed, to H ouse.............................. 633SAs rejected, conference requested,

HCs nam ed................................683; 707Conference granted, SCs nam ed.......... 696


CCR read..................................................725CCR adopted, passed, to House........... 7474th Reading, to House........................... 751

HB 1367 — by Kincheloe of the House and Howell of the Senate — Cities and towns; providing for use of private roadways; exempting certain property from requirements; listing certain conditions. Emergency.1st Reading............................................. 3862nd Reading............................................395C R .............................................................517G.O., considered, passed.......................564Engrossed, to H ouse..............................569SAs rejected, conference requested,

HCs named.......................................... 597Conference granted, SCs nam ed..........604CCR read..................................................841CCR adopted, passed, to House............8594th Reading, to House........................... 862

HB 1368 — by Deatherage of the House and Randle of the Senate — Public finance; providing Legislative Fiscal Office be clearinghouse for budgetary forms, reports and information; providing furnishing of copies. Emergency.1st Reading............................................. 4572nd Reading............................................467C R .............................................................656G.O., considered, passed.......................738Engrossed, to H ouse..............................747SAs rejected, conference requested,

HCs named...........................................756Conference granted, SCs nam ed.......... 760CCR read, conferees unable

to agree................................................ 869

HB 1370 — by Deatherage, et al, of the House and Randle, et al, of the Senate — Oklahoma Horse Racing Commission; making appropriation. Emergency.1st Reading............................................. 4442nd Reading............................................453C R .............................................................598G.O., considered, passed....................... 640Engrossed, to H ouse.............................. 651

SAs rejected, conference requested,GCCA...................................................664

Conference granted, GCCA...................671Died in conference

HB 1372 — by Deatherage of the House and Randle of the Senate — Oklahoma Tax Commission; authorizing payment of necessary and reasonable expenses of Tax Commission for use of state examinations; providing for payment of fees and expenses. Emergency.1st Reading............................................. 2932nd Reading............................................296C R ............................................................ 485G.O., considered, passed.......................565Engrossed, to H ouse..............................569SAs rejected, conference requested,

HCs named...........................................597Conference granted, SCs nam ed..........604CCR read................................................. 725CCR adopted, passed, to House........... 7394th Reading, to House........................... 747

HB 1376 — by Hobson, et al, of the House and Watson of the Senate — Waters and water rights; providing for advancement of certain funds to entities; prohibiting adoption of certain rules, regulations and conditions. Emergency.1st Reading............................................. 4442nd Reading............................................453

HB 1378 — by Leftwich, et al, of the House — Contracts; declaring certain employment contracts with insurance agents to be void; defining terms; Emergency.1st Reading............................................. 4442nd Reading............................................453

HB 1380 — by Draper of the House and Combs of the Senate — Revenue and taxation; deleting exemptions from franchise tax; providing in lieu tax for banks and credit unions. Effective date. Emergency.1st Reading............................................. 4572nd Reading............................................467C R .............................................................506G.O., considered, passed.......................546


Engrossed, to H ouse............................. 554SAs rejected, conference requested,

HCs named..........................................567Conference granted, SCs nam ed..........575CCR read.................................................732CCR adopted, passed, to House........... 7344th Reading, to House.......................... 744

HB 1385 — by Koppel of the House and Johnson of the Senate — Common carriers; specifying activities which are not prohibited pursuant to Security of Communications Act; adding action. Emergency.1st Reading............................................ 4442nd Reading........................................... 453C R ............................................................517G.O., considered, passed.......................564Engrossed, to H ouse..............................5694th Reading, to House........................... 599

HB 1391 — by Mentzer of the House and Porter of the Senate — Poor persons; creating Human Services Contingency Fund; stating purpose; limiting liability of Department of Human Services and Commission for Human Services on claims. Emergency.1st Reading............................................. 3862nd Reading............................................395

HB 1392 — by Harris — Professions and occupations; deleting return of certain forfeitures of bail bonds. Effective date.1st Reading............................................. 3872nd Reading............................................395

HB 1393 — by Davis (Frank) of the House and Watson, et al, of the Senate — Court costs and fees; increasing amount for claims, counterclaims, and setoffs in small claims procedure and fees in civil and criminal actions; providing for rules. Operative date. Emergency.1st Reading............................................. 4442nd Reading............................................453C R ............................................................ 567G.O., considered, passed....................... 607Engrossed, to H ouse..............................622SAs rejected, conference requested,

HCs named.......................................... 662

Conference granted, SCs nam ed..........671CCR read.................................................837CCR adopted, passed, to House........... 8384th Reading, to House.......................... 845

HB 1394 — by Conaghan of the House and O’Connor of the Senate — Insurance; providing for poliey coverage for certain services or procedures; clarifying extent of coverage; requiring reports and written requests. Emergency.1st Reading............................................. 3982nd Reading............................................410C R .............................................................517G.O., considered, passed....................... 628Engrossed, to H ouse..............................6334th Reading, to House........................... 678

HB 1395 — by Lewis, et al, of the House and Wright, et al, of the Senate — Criminal procedure; Nonviolent Intermediate Offender Act. Effective date.1st Reading............................................. 4442nd Reading............................................453C R .............................................................517G.O., considered, passed.......................549Signed, to House.....................................5514th Reading, to House........................... 554

HB 1396 — by Harris, et al, of the House and Taylor of the Senate — Criminal procedure; requiring notice of intention to interpose defense of insanity; providing for orders; disallowing evidence under certain conditions. Effective date.1st Reading............................................. 3982nd Reading............................................410CR.............................................................557

HB 1397 — by Deatherage, et al, of the House and Randle of the Senate — State government; Data Processing Planning and Management Act; appropriation. Operative date. Emergency.1st Reading............................................. 3992nd Reading............................................410

HB 1399 — by Williams (Penny) of the House and Howell of the Senate — Schools;


modifying determination of residence of children for certain purpose; providing for average daily attendance for state aid purposes; providing for legal residence. Operative date. Emergency.1st Reading............................................. 4572nd Reading............................................467C R .............................................................557G.O., considered, passed....................... 662Engrossed, to H ouse..............................6694th Reading, to House........................... 703

HB 1403 — by Brown of the House and Watson of the Senate — Contraets; allowing aggrieved consumer to bring certain actions on his own behalf; allowing investigations; providing for petition to extend, modify or set aside demands. Effective date.1st Reading............................................. 4452nd Reading............................................453

HB 1404 — by Harbin of the House and Clifton of the Senate — Courts; modifying district court judicial districts. Operative date. Emergency.1st Reading.............................................4452nd Reading............................................453CR.............................................................557G.O., considered, passed....................... 606Engrossed, to H ouse..............................6224th Reading, to House..........................651

HB 1406 — by Murphy of the House and Terrill of the Senate — Motor vehicles; authorizing motor license agents to collect certain fees as compensation. Operative date.1st Reading............................................. 4452nd Reading............................................453C R .............................................................485G.O., considered, passed....................... 504Signed, to House..................................... 5064th Reading, to House........................... 508

HB 1409 — by Harris of the House and Clifton of the Senate — Counties and county officers; providing for operation expenses of office of district attorney of counties; modifying account procedures. Emergency.1st Reading............................................. 3552nd Reading............................................ 369

C R ............ ;.............................................. 517G.O., considered, passed.......................646Engrossed, to H ouse............................. 651SAs rejeeted, conference requested,

HCs named................................687; 707Conference granted, SCs nam ed..........696CCR read................................................. 756CCR adopted, passed............................ 768ML; to H ouse............................... 768; 7994th Reading, to House........................... 802

HB 1413 — by Hooper of the House and Shedrick of the Senate — Public finance; Public Obligations Registration Act. Operative date. Emergency.1st Reading............................................. 4572nd Reading............................................467CR.............................................................506G.O., considered, passed.......................544Engrossed, to H ouse..............................554SAs rejected, conference requested,


to agree................................................ 869

HB 1415 — by Henry — State government; adding surety requirement for Finance Department of Corporation Commission. Effeetive date.1st Reading............................................. 3992nd Reading............................................410

HB 1416 — by Harbin of the House and McDaniel of the Senate — State government; requiring Administrator of Office of Personnel Management to develop and maintain uniform occupation code system; providing for audits; adding procedures. Operative date. Emergency.1st Reading............................................. 4572nd Reading............................................467C R ............................................................ 656G.O., considered, passed.......................729Engrossed, to H ouse..............................738SAs rejected, conference requested,

HCs named.......................................... 748Conference granted, SCs nam ed..........753CCR read................................................. 853


CCR adopted, passed, to House........... 8584th Reading, to House...........................862

HB 1419 — by Draper of the House and Combs of the Senate — Revenue and taxation; authorizing certain unemployment compensation information to be supplied; providing for registration of vehicles; providing extensions for filing of returns. Operative date. Emergency.1st Reading.............................................4682nd Reading........................................... 476C R ............................................................523G.O., considered.................................... 560ML; passed..............................................561Engrossed, to H ouse............................. 569SAs rejected, conference requested,

HCs named..........................................597Conference granted, SCs nam ed..........604CCR read.................................................853CCR adopted, passed, to House........... 8604th Reading, to House.......................... 865

HB 1422 — by Lewis of the House and Wright, et al, of the Senate — Department of Corrections; allowing Director to establish age limits for correctional officers; removing powers toward county, city and town jails; modifying qualifications for deputy. Effective date.1st Reading............................................. 3992nd Reading............................................410C R .............................................................517G.O., considered, passed.............528; 536Engrossed, to H ouse..............................5444th Reading, to House........................... 559

HB 1424 — by Lewis, et al, of the House and Rozell, et al, of the Senate — Revenue and taxation; levying additional tax on gasoline; exempting certain gasoline; apportioning revenue. Operative date. Emergency.1st Reading............................................. 4582nd Reading............................................467

H B 1425 — by Harbin o f the H ouse andM cD aniel o f the Senate — Fiscal procedure;

creating Office of State Finance; providing for encumbrance requirements for payments from state funds; providing procedures for payment of claims or payrolls. Emergency.1st Reading............................................. 4582nd Reading............................................467C R .............................................................656G.O., considered, passed.......................729Engrossed, to H ouse..............................738SAs rejected, conference requested,

HCs named.......................................... 756Conference granted, SCs nam ed..........760Died in conference

HB 1430 — by Riggs of the House and Taylor of the Senate — Fees; authorizing costs in juvenile proceedings; providing for payment and collection; specifying amounts; providing for procedures. Operative date. Emergency.1st Reading............................................. 3872nd Reading............................................395C R .............................................................485G.O., considered, passed....................... 661Engrossed, to H ouse..............................669SAs rejected, conference requested,

HCs named.......................................... 683Conference granted, SCs nam ed.......... 696CCR read..................................................799CCR adopted, passed, to House............8174th Reading, to House........................... 825

HB 1433 — by Anderson, et al, of the House and Stipe of the Senate — Cities and towns; allowing certain political activities by municipal employees; removing superseding provisions of municipal charters; allowing municipal corporation to establish requirements. Emergency.1st Reading............................................. 7442nd Reading............................................ 749C R .............................................................779G.O., considered, passed....................... 846Signed, to House..................................... 8474th Reading, to House........................... 859

House Joint Resolutions — Index 993

HOUSE JOINT RESOLUTIONS

H JR 1001 — by Sanders of the House and Capps of the Senate — Game and fish; extending for year amounts of fishing and hunting licenses and fees.1st Reading..............................................1322nd Reading............................................ 139CR.............................................................254G.O., considered, passed.......................559Signed, to House.....................................5684th Reading, to House........................... 569

HJR 1002 — by Cox of the House and Porter, et al, of the Senate — Directing state agencies to provide reports concerning employment to Governor, Speaker of House of Representatives and President Pro Tempore of Senate; providing contents and cessation. Emergency.1st Reading............................................. 3872nd Reading............................................395CR.............................................................485G.O., considered, passed.......................546Engrossed, to H ouse..............................5544th Reading, to House........................... 569

HJR 1004 — by Reimer, et al, of the House and Leonard of the Senate — Naming of new therapy facility being constructed at Western State Hospital as William Blyth Therapy Center; directing suitable markers on facility.1st Reading............................................. 2692nd Reading............................................274C R .............................................................355G.O., considered, passed.......................358

Signed, to House.....................................3584th Reading, to House........................... 372

HJR 1005 — by Riggs of the House and York of the Senate — Constitutional amendment; changing names of Department of Public Welfare and Oklahoma Public Welfare Commission; redefining duties of Director and Commission. Special election.1st Reading............................................. 3872nd Reading............................................395

HJR 1010 — by Harbin, et al, of the House and Randle, et al, of the Senate — Directing Director of State Finance to establish procedures to expedite prompt payment to vendors and payment of interest; defining proper invoice; establishing grievance procedure. Emergency.1st Reading............................................. 2602nd Reading............................................265C R ............................................................ 557G.O., considered, passed.......................673ML; signed, to House ..................673; 6934th Reading, to House........................... 695

HJR 1011 — by Reimer, et al, of the House and O’Connor of the Senate — Constitutional amendment; providing for special annual recurring ad valorem tax levies for establishment and maintenance of senior citizens’ programs.1st Reading............................................. 4452nd Reading............................................453

994 House Joint Resolutions — Index

HJR 1012 — by Converse, et al, of the House and Roberts, et al, of the Senate — Authorizing Governor to accept monument in honor of and dedicated to men and women who served in Armed Forces during Korea and Vietnam; providing location and design of monuments; repealing prior approval.1st Reading.............................................4582nd Reading........................................... 467C R ............................................................557G.O., considered, passed...................... 608Engrossed, to H ouse............................. 6224th Reading, to House...........................651

HJR 1015 — by Draper of the House and York of the Senate — Directing Insurance Commissioner to transfer monies to Human Services Fund; providing procedures for apportioning monies back to Insurance Commissioners Protest Fund. Emergency.1st Reading............................................. 2972nd Reading............................................308C R ............................................................ 446G.O., considered, passed...................... 451Engrossed, to H ouse..............................4514th Reading, to House...........................453

HJR 1017 — by Ross, et al, of the House and Porter, et al, of the Senate — Directing State Board of Public Affairs to commission portraits of named prominent black leaders to be placed in State Capitol Building.1st Reading............................................. 3552nd Reading............................................369C R ............................................................ 485G.O., considered, passed.......................546Signed, to House.....................................5514th Reading, to House...........................554

HJR 1021 — by McCorkell, et al, of the House and Randle of the Senate — Constitutional amendment; providing for increased ad valorem tax levy for Departments of Health; providing for elections. Special election.1st Reading............................................. 3992nd Reading............................................410

C R .............................................................557G.O., considered, passed.......................688Special election failed.............................690Engrossed, to H ouse..............................695SAs rejected, conference requested,

HCs named.......................................... 763Conference granted, SCs nam ed.......... 765CCR read..................................................823CCR adopted, passed.............................855Special election passed, to House........ 8564th Reading, to House........................... 865

HJR 1023 — by Draper of the House and York of the Senate — Relating to Department of Human Services; directing Insurance Commissioner to transfer monies to Human Services Fund; authorizing costsaving measures; providing for salary reductions. Emergency.1st Reading............................................. 5402nd Reading, to calendar.......................550G.O., considered, passed.......................554Engrossed, to H ouse..............................557SAs rejected, conference requested,

HCs named...........................................580Conference granted, SCs nam ed..........596CCR rejected, further conference

requested............................................. 603Further conference granted.................... 6032nd CCR read ......................................... 6162nd CCR adopted, passed......................618ML; to H ouse................................ 618; 6194th Reading, to House........................... 619

HJR 1024 — by Duke, et al, of the House and Wright of the Senate — Expressing legislative intent that monthly reports be made on persons admitted to bail, under certain circumstances, by the Administrator of the Courts.1st Reading............................................. 7822nd Reading, to calendar.......................799G.O., considered, passed.......................805Signed, to House.....................................8064th Reading, to House........................... 816

House Concurrent Resolutions — Index 995

HOUSE CONCURRENT RESOLUTIONS

HCR 1001 — by Baughman, et al, of the House and Taliaferro, et al, of the Senate — Tax Commission to collect fees and taxes from nonresident if state of residence collects similar fee or tax from Oklahoma residents; and to negotiate with other states.1st Reading.............................................1812nd Reading........................................... 185CR.............................................................254G.O., adopted, to House.......................264Engrossed, to H ouse..............................267SAs rejected, conference requested,

HCs named.......................................... 289Conference granted, SCs nam ed..........290CCR read..................................................309CCR adopted, to H ouse........................ 566Enrolled copy signed, to House........... 576

HCR 1002 — by Draper of the House and York of the Senate — Adopting Joint Rules for Thirty-Ninth Legislature.1st Reading..............................................1392nd Reading, to calendar....................... 164G.O., adopted..........................................164Signed, to House..................................... 164Enrolled copy signed, to House........... 175

HCR 1005 — by Craighead, et al, of the House and Howell, et al, of the Senate — Requesting Oklahoma State Regents for Higher Education to study educational system and its relation to high technology industry.1st Reading............................................. 4842nd Reading............................................492

C R ............................................................ 557G.O., adopted, to House.......................655Enrolled copy signed, to House............659

HCR 1006 — by Monks, et al, of the House and Smith, et al, of the Senate — Memorializing Congress to enact legislation to provide judicial review in disability cases reviewed by Veterans Administration.1st Reading............................................. 3082nd Reading............................................321CR.............................................................550G.O., adopted, to House.......................646Enrolled copy signed, to House............651

HCR 1007 — by Baker, et al, of the House and Porter of the Senate — Expressing concern that duties have not been properly performed by State Department of Health and Agent Orange Outreach Committee; requesting action by Governor and State Department of Health.1st Reading............................................. 5402nd Reading............................................550C R .............................................................567

HCR 1008 — by Barker, et al, of the House and York of the Senate — Providing recess for Oklahoma Legislature; granting required consent; authorizing work and reimbursement during recess; making permanent record.1st Reading............................................. 4542nd Reading, to calendar.......................454

996 House Concurrent Resolutions — Index

G.O., adopted, to House.......................454Enrolled copy signed, to House............458

HCR 1009 — by Kincheloe of the House and McCune of the Senate — Requesting Governor designate May 1 as “ Kick the Litter Habit Day” and month of May as “ Clean is Beautiful Month” ; calling upon citizens and law enforcement agencies to encourage clean-up activities.1st Reading............................................. 5222nd Reading, to calendar...................... 527G.O., adopted, to House...................... 527Enrolled copy signed, to House........... 534

HCR 1010 — by Cotner, et al, of the House — Expressing legislative intent; encouraging Department of Mental Health to cooperate with Oklahoma Commission on Deaf and Hearing Impaired to devise plan for mental health needs.1st Reading............................................. 6832nd Reading............................................693

HCR 1012 — by Henry of the House and Clifton of the Senate — Memorializing Congress to enact certain legislation concerning railroad retirement system.1st Reading............................................. 7492nd Reading............................................756WD; direct to calendar........................... 774G.O., adopted, to House.......................794Enrolled copy signed, to House........... 802

HCR 1013 — by Henry, et al, of the House and Randle, et al, of the Senate — Requesting Governor to establish Oklahoma Council of Science and Technology.1st Reading............................................. 6742nd Reading............................................683CR.............................................................725G.O., adopted, to House.......................830Enrolled copy signed, to House............. 834

HCR 1015 — by Kincheloe, et al, of the House and Howell of the Senate — Urging Oklahoma Tax Commission to examine applications for manufactured homes, collect

required fees and taxes, provide maps, request Department of Public Safety to refuse to issue certain permits.1st Reading.............................................7492nd Reading........................................... 756

HCR 1017 — by Draper of the House and York of the Senate — Adjourning 1st Session of 39th Oklahoma Legislature from 26th day of May, 1983, until 31st day of May, 1983, in observance of Memorial Day.1st Reading.............................................7252nd Reading, to calendar...................... 725G.O., adopted, to House...................... 725Enrolled copy signed, to House........... 726

HCR 1019 — by Deatherage of the House and Randle of the Senate — Requesting Governor to transfer certain funds to Oklahoma Educational Television Authority.1st Reading............................................. 7442nd Reading............................................749

HCR 1020 — by Davis (Frank), et al, of the House and McCune, et al, of the Senate — Urging passenger train service be reinstated in Oklahoma.1st Reading............................................. 7742nd Reading, to calendar....................... 778G.O., adopted, to House.......................778Enrolled copy signed, to House........... 792

HCR 1022 — by Duckett, et al, of the House and Lamb of the Senate — Proclaiming 1983 to be Year of the Bible in Oklahoma.1st Reading............................................. 8022nd Reading, to calendar.......................823G.O., adopted, to House.......................850Enrolled copy signed, to House........... 859

HCR 1023 — by Henry, et al, of the House and Clifton, et al, of the Senate — Memorializing Federal Government and Oklahoma Department of Transportation to dedicate portion of Interstate 40 to Tom Steed.1st Reading............................................. 8652nd Reading, to calendar....................... 865G.O., adopted, to House.......................866Enrolled copy signed, to House........... 869

Personal Index 997

PERSONAL INDEX

OF

MEMBERS OF THE SENATE

BBOATNER, SENATOR ROY A., District 6, DemocratAuthor: SBs 4, 75, 118, 146, 150, 214, 231, 232, 296; SJRs 3, 5; SR 2; HB 1104 Coauthor: SBs 138, 151; SJR 16; SCRs 4, 5; SRs 4, 5, 7, 9, 10, 12, 14, 18, 20, 25, 26; HB

1096; HJR 1004; HCR 1023 Interim and Special Committees:

Joint Committee on Federal Funds ................................................................................ 92Standing Committees:

Appropriations .................................................................................................................. 5Education ........................................................................................................................... 5Standards and Ethics, Chairman .................................................................................... 6

Conferee:General Conference Committee on Appropriations, alternate .................................... 721GCCA Subcommittee on Regulatory and Natural Resources, alternate .................... 721SB 138 .............................................. 709 HB 1016 ........................................ 690SB 262 ............................................ 671 HB 1104 ....................................... 730SB 302 ............................................ 708 HB 1189 ....................................... 696

Declaration of vote:HBs 1081, 1083, 1118, 1158 and 1167 ....................................................................... 539

Election certified ............................................................................................................... 2, 53Mileage allowance ............................................................................................................... 7Oath of Office ...................................................................................................................... 3Years of Service: Senate, 1975-1983 House, 1971-1974

BRANCH, SENATOR BILL, District 15, DemocratCoauthor: S B s4 ,145,151; SJRs 15,16; SCR 5; SRs 2 ,4 ,5 ,7 ,9 ,10 ,12 ,18 ,20 ,25 ,26;HBs

1022, 1028, 1080, 1134, 1160, 1173; HJR 1004; HCR 1023 Interim and Special Committees:

Joint Committee on Pari-Mutuel Racing ...................................................................... 27Standing Committees:

Executive Nominations ................................................................................................... 5General Government ....................................................................................................... 5Law Enforcement ............................................................................................................. 5Natural Resources, Vice Chairman ................................................................................ 6

998 Personal Index

Conferee:SB 62 ........................................................................................................................ 652; 810HB 1020 ............................................................................................................................ 484HB 1022 ............................................................................................................................ 306HB 1028 .................................................................................................................. 538; 843HB 1358 .................................................................................................................. 671; 706

Mileage allowance ............................................................................................................... 7Years of Service: Senate, 1981-1983

CAIN, SENATOR BERNEST, District 46, Democrat Author: SBs 141, 184, 266, 283, 284; SJR 22; HBs 1167, 1228, 1239 Coauthor: SB 105; SJR 16; S C R s5 ,13; SRs 1, 2 ,4 , 5, 7 ,9 ,1 0 ,1 4 ,1 8 , 25,26; HBs 1080,

1096, 1113, 1227, 1395; HJR 1004; HCR 1023 Interim and Special Committees:

Advisory Committee on a Statewide Rapid Mass-Transit System; resigned ........ 27; 86Joint Committee on Interstate Cooperation; resigned ..............................................27; 86Special Interim Committee on Social Security Disability Cutbacks .......................... 27

Standing Committees:Appropriations .................................................................................................................. 5Education ........................................................................................................................... 5Policy .................................................................................................................................. 6

Conferee:General Conference Committee on Appropriations ...................................................... 721GCCA Subcommittee on Social Services, Chairman .................................................. 721SB 62 ........................................ 652; 810SB 103 ............................................... 743SB 176 .............................................. 752SB 200 .............................................. 695SB 236 .............................................. 575SB 271 .................................... 674; 796SB 283 .............................................. 695HB 1188 ........................................... 752

HB 1264 ....................................... 760HB 1278 ....................................... 655HB 1305 ....................................... 496HB 1314 ....................................... 671HB 1327 ....................................... 744HB 1328 ....................................... 744HB 1364 ....................................... 696HB 1430 ....................................... 696

HB 1223 ......................... 631; 840; 842Election certified ................................................................................................................ 3, 54Mileage allowance ................................................................................................................ 7Oath of Office ...................................................................................................................... 3Years of Service: Senate, 1979-1983

CAPPS, SENATOR GILMER N., District 26, DemocratAuthor: SBs 102, 121, 198, 199, 212, 241; HBs 1106, 1125, 1237, 1281, 1282; HJR 1001;

HCRs 1003, 1034Coauthor: SBs 159,162, 204, 293, 323, 327, 328; SJRs 5,16; SCRs 5,7; SRs 2 ,4 , 5 ,7 , 9,

10, 18, 20, 25, 26, 29; HBs 1014, 1018, 1116, 1153, 1174,1221,1286; HJR 1004; HCRs 1001, 1023

Personal Index 999

Interim and Special Committees;Advisory Committee on a Statewide Rapid Mass-Transit System ............................ 27To escort Governor Nigh to Joint Session ................................................................... 59

Standing Committees;Agriculture, Chairman .................................................................................................... 4Education .......................................................................................................................... 5Executive Nominations ................................................................................................... 5Finance ............................................................................................................................... 5

Conferee:General Conference Committee on Appropriations ..................................................... 721GCCA Subcommittee on Regulatory and Natural Resources .................................... 721SB 1 ................................................................................................................................... 498SB 172 ............................................................................................................................... 636HB 1106 ............................................................................................................................ 538HB 1108 ............................................................................................................................ 712HCR 1001 .......................... i ............................................................................................. 290

Election certified ............................................................................................................... 2, 54Mileage allowance ............................................................................................................... 7Oath of Office ...................................................................................................................... 3Years of Service: Senate, 1971-1983

CATE, SENATOR LEE, District 16, DemocratAuthor: SBs 103, 202, 254, 286, 290; SJRs 9, 27; HBs 1097, 1117, 1141, 1176, 1353 Coauthor: SBs 163, 328; SJR 16; SCRs 5, 13; SRs 2, 4, 5, 7, 9,10, 14,18, 20, 25, 26; HBs

1005, 1150; H JR 1004; HCR 1023 Interim and Special Committees:

Special Interim Committee on Social Security Disability Cutbacks .......................... 27Standing Committees:

Education .......................................................................................................................... 5Human Resources ............................................................................................................. 5Law Enforcement, Vice Chairman ................................................................................. 5Standards and Ethics ....................................................................................................... 6

Conferee:General Conference Committee on Appropriations, alternate .................................... 721GCCA Subcommittee on Social Services, alternate ...................................................... 721SB 97 ....................................... 505; 762SB 103 .............................................. 743SB 117 .................................... 575; 730SB 240 .............................................. 574SB 274 .............................................. 538SB 286 .............................................. 538SJR 7 ................................................ 671

Declaration of vote:SB 31 ........................................................

HB 1042 ....................................... 690HB 1141 ....................................... 712HB 1173 ....................................... 505HB 1176 ....................................... 575HB 1353 ....................................... 782HB 1413 ....................................... 575

797Election certified ............................................................................................................... 2, 54Mileage allowance ............................................................................................................... 7Oath of Office ...................................................................................................................... 3Years of Service: Senate, October 1973-1983 House, 1967-October 1973

1000 Personal Index

CHOATE, SENATOR RALPH J . BUTCH, District 22, Republican Author: SCR 20; HB 1033

Coauthor: SB 145; SJR 16; SCR 5; SRs 2 ,4 , 5, 7 ,9 ,1 0 , 18, 20, 25, 26; HJR 1004; HCR 1023

Standing Committees:Appropriations .................................................................................................................. 5Standards and Ethics ....................................................................................................... 6Transportation ............................................................................................ 6

Conferee:SB 206 ............................................................................................................................... 562

Declaration of not voting, Okla. Const. Art. V, § 24:SB 140 ............................................................................................................................... 363

Election certified ............................................................................................................... 2, 54Mileage allowance ............................................................................................................... 7Oath of Office ...................................................................................................................... 3Years of Service: Senate, 1983 House, 1981-1982

CLIFTON, SENATOR JOHN L ., District 17, DemocratAuthor: SBs 91,92,161,179,182,279,289,293,299; SR 28;HBs 1002,1040,1115,1116,

1142, 1186, 1234, 1272, 1275, 1341, 1358, 1404, 1409; HCRs 1011, 1012, 1023 Coauthor: SB s257, 258; SJR 16; SC R 5; SR s2 ,4 , 5, 7, 9, 1 0 ,18,26;HB 1141;HJR 1004 Interim and Special Committees:

Joint Committee on Law Enforcement Agencies ......................................................... 27Standing Committees:

Business and Labor .......................................................................................................... 5Judiciary, Chairman ......................................................................................................... 5Natural Resources ............................................................................................................. 6Policy .................................................................................................................................. 6

Conferee:General Conference Committee on Appropriations ..................................................... 721GCCA Subcommittee on General Government ........................................................... 721

HB 1173 ....................................... 505HB 1176 ....................................... 575HB 1187 ....................................... 730HB 1199 ....................................... 712HB 1208 ....................................... 515HB 1257 ....................................... 655HB 1272 ....................................... 690HB 1278 ....................................... 655HB 1358 .............................. 671; 706HB 1393 ....................................... 671HB 1409 ....................................... 696

SB 79 ................................................ 672SB 134 .............................................. 600SB 148 .............................................. 719SB 152 .............................................. 719SB 179 .................................... 644; 813SB 236 .............................................. 575SB 299 ............. 671HB 1079 ................................. 655; 823HB 1116 ................................. 655; 771HB 1141 ........................................... 712HB 1142 ................................. 655; 828HB 1146 ................................. 655; 836


COMBS, SENATOR M IKE, District 40, DemocratAuthor: SBs 70, 77, 285, 310; SRs 1, 11; HBs 1021, 1023, 1230, 1247, 1380, 1419Coauthor: SBs 145, 200; SJR 16; SCR 5; SRs 2, 4, 5, 7, 9,10, 18, 25, 26; HBs 1010,1231,

1402; HJR 1004; HCR 1023

Personal Index 1001

Interim and Special Committees:Joint Committee on Federal Funds ................................................................................ 92Special Interim Committee on Social Security Disability Cutbacks, Chairman ....... 27

Standing Committees:Business and Labor ........................................................................................................Finance, Chairman .........................................................................................................Human Resources ...........................................................................................................Policy

Conferee:SB 176 ............................................. 752SB 200 ............................................. 695SB 240 .............................................. 574SB 274 .............................................. 538SB 285 ............................................. 380HB 1022 ........................................... 306HB 1023 ........................................... 128HB 1034 ............................... 655HB 1123 ........................................... 655HB 1129 ........................................... 655HB 1144 ........................................... 575

Election certified ...........................................Mileage allowance ........................................Oath of Office ...............................................Years of Service: Senate, 1979-1983

HB 1199 ....................................... 712HB 1208 ....................................... 515HB 1212 ....................................... 655HB 1230 ............................. 696; 829HB 1268 ....................................... 760HB 1350 ....................................... 560HB 1367 ....................................... 604HB 1368 ....................................... 760HB 1380 ....................................... 575HB 1413 ....................................... 575HB 1419 ....................................... 604

........................................................ 2, 54

........................................................... 7

........................................................... 3

CULLISON, SENATOR ROBERT V., District 34, DemocratDesignated to serve as Assistant Majority Floor Leader ................................................. 7Author: SBs 76, 120, 180, 244, 291, 298; SR 10; HBs 1015, 1169, 1235 Coauthor: SB 328; SJR 16; SCR 5; SRs 2, 4, 5, 7, 9, 12, 18, 26; HJR 1004; HCR 1023 Interim and Special Committees:

Joint Committee on Interstate Cooperation .................................................................. 27Standing Committees:

Agriculture ........................................................................................................................ 4Business and Labor .......................................................................................................... 5Finance ............................................................................................................................... 5Policy .................................................................................................................................. 6

Conferee:General Conference Committee on Appropriations ..................................................... 721GCCA Subcommittee on Social Services ..................................................................... 721SB 250 ............................................................................................................................... 574HB 1016 ............................................................................................................................ 690HB 1169 ............................................................................................................................ 631HJR 1021 ........................................................................................................................... 765

Election certified ............................................................................................................... 2, 54Mileage allowance ................................................................................................................ 7Oath of Office ...................................................................................................................... 3Years of Service: Senate, 1979-1983 House, 1975-1978

1002 Personal Index

DDAHL, SENATOR JOHN L ., District 10, Democrat Author: SB 12; SCRs 10, 17; SR 22; HBs 1265, 1302, 1332; HCR 1004 Coauthor: SBs 231,328; SJR 16; SC R 5; SR s2 ,4 ,5 ,7 ,9 ,1 0 ,1 5 ,1 8 , 20,25,26;HJR 1004;

HCR 1023Interim and Special Committees:

Joint Legislative Ethics Committee ........................................................ 27Standing Committees:

Agriculture, Vice Chairman ........................................................................................... 4General Government ....................................................................................................... 5Law Enforcement ............................................................................................................. 5Policy, Vice Chairman .................................................................................................... 6

Conferee:SB 239 ............................................................................................................................... 789SB 267 ............................................................................................................................... 549


DAWSON, SENATOR BILL, District 50, DemocratAuthor: SBs 5, 63,71,72,78,98,144; HBs 1035,1119,1138,1236,1243,1251,1348;HJR

1019Coauthor: SBs 1, 151, 233, 299; SJRs 11,16; SCR 17; SRs 2 ,4 , 5 ,7 ,9 ,1 0 ,2 5 ; HBs 1113,

1163; H JR 1017Interim and Special Committees:

Joint Committee on Law Enforcement Agencies ......................................................... 27Joint Legislative Committee on the Boley Transition ................................................. 826Legislative Oversight Committee of Public Tmsts ........................................................ 92

Standing Committees:Judiciary, Vice Chairman ............................................................................................... 5Natural Resources ............................................................................................................. 6Standards and Ethics ....................................................................................................... 6Transportation ......................................... 6

Conferee:SB 71 .................................................................................................................................. 789SB 299 ............................................................................................................................... 671HB 1108 ............................................................................................................................ 712HB 1142 .................................................................................................................. 655; 828HB 1223 .......................................................................................................... 631; 840; 842

Election certified ................................................................................................................ 3, 54Mileage allowance ................................................................................................................ 7Oath of Office ...................................................................................................................... 3Years of Service: Senate, 1975-1978; March 1982-1983

DENNIS, SENATOR GERALD C., District 5, Democrat Author: SBs 162, 164, 194, 239; SCR 19; HBs 1083, 1108, 1118, 1224 Coauthor: SBs 4, 145, 151, 328; SJR 16; SCRs 5, 10; SRs 2, 4, 5 ,7 ,9 , 10, 12, 15, 18,20,

22, 25, 26; HB 1153; HJRs 1004, 1012; HCR 1023

Personal Index 1003

Interim and Special Committees:Advisory Committee on a Statewide Rapid Mass-Transit System ............................ 27To escort Governor Nigh to Joint Session ..................................................................... 59

Standing Committees:Appropriations .................................................................................................................. 5Standards and Ethics, Vice Chairman ........................................................................... 6Transportation .................................................................................................................. 6

Conferee:SB 81 ................................................ 678SB 162 .............................................. 599SB 179 .................................... 644; 813SB 239 .............................................. 789SB 287 .............................................. 671HB 1020 ........................................... 496

Mileage allowance ........................................Years of Service: Senate, 1981-1983

HB 1106 ....................................... 538HB 1108 ....................................... 712HB 1118 ....................................... 562HB 1142 ............................. 655; 828HB 1153 ....................................... 631HB 1176 ....................................... 575

.............................................. 7

FORD, SENATOR CHARLES R., District 51, Republican Author: SBs 247, 311; SJRs 8, 13Coauthor: SBs 238, 327, 328; SJR 16; SCRs 3, 5; SRs 2, 3, 4, 5, 7, 9, 10, 18, 25, 26; HBs

1286, 1356; HJR 1004; HCR 1023 Standing Committees:

Education .......................................................................................................................... 5Executive Nominations ................................................................................................... 5Finance ............................................................................................................................... 5Natural Resources ............................................................................................................. 6

Conferee:SB 311 ............................................................................................................................... 528

Declaration of not voting, Okla. Const. Art. V, § 24:SR 15 ....................................................................................................................................422

Election certified ............................................................................................................... 3, 54Mileage allowance ................................................................................................................ 7Oath of Office ...................................................................................................................... 3Years of Service: Senate, July 1981-1983 House, 1967-July 1981

GILES, SENATOR RAY A., District 23, Democrat Author: SBs 101, 156, 159, 197; SCRs 7, 15; HBs 1160, 1221Coauthor: SBs 151, 181,323, 328; SJRs 11,16;SCR5; SRs2 ,4 ,5 ,7 ,9 ,1 0 ,1 2 ,1 8 ,2 0 ,2 6 ;

HJR 1004; HCR 1023 Standing Committees:

Executive Nominations ................................................................................................... 5Finance ............................................................................................................................... 5

1004 Personal Index

Natural Resources, Chairm an......................................................................................... 6Transportation .................................................................................................................. 6

Conferee:SB 311 ............................................................................................................................... 528HB 1221 .................................................................................................................. 424; 509


GREEN, SENATOR WARREN E ., District 35, Republican Author: SBs 173, 272, 280, 288; SCR 14Coauthor: SBs 89,90, 230, 305, 311,323, 328;SJR s7 ,1 6 ;SC R 5; SRs2 ,4 ,5 ,7 ,9 ,1 0 ,1 8 ,

25, 26; HBs 1119, 1209, 1251, 1320; HJRs 1004, 1010; HCR 1023 Interim and Special Committees:

Joint Legislative Ethics Committee ................................................................................ 27Standing Committees:

Business and Labor .......................................................................................................... 5Executive Nominations ................................................................................................... 5Finance ............................................................................................................................... 5Natural Resources ............................................................................................................. 6

Conferee:SB 230 ............................................................................................................................... 515SB 305 ............................................................................................................................... 599

Declaration of not voting, Okla. Const. Art. V, § 24:SB 140 ...................................................................................................................... 363; 403

Mileage allowance ............................................................................................................... 7Years of Service: Senate, 1977-1983 House, 1965-1976

HHOPKINS, SENATOR ROBERT E ., District 37, Democrat Author: SBs 208, 209; SJR 28; SCR 16; HBs 1010, 1331, 1339, 1384 Coauthor: SBs 116, 169, 328; SJR 16; SCRs 5, 13; SRs 2 ,4 , 5, 7, 9, 10, 12, 15,18, 20, 25,

26; HBs 1120, 1173, 1174; HJR 1004; HCR 1023 Standing Committees:

Executive Nominations ................................................................................................... 5Human Resources ............................................................................................................. 5Law Enforcement ............................................................................................................. 5Transportation, Vice Chairman ....................................................................................... 6

Conferee:SB 230 ............................................................................................................................... 515HB 1204 .................................................................................................................. 604; 816HB 1223 .......................................................................................................... 631; 840; 842

Election certified .................................................................................................................. 1Mileage allowance ................................................................................................................ 7Oath of Office ...................................................................................................................... 1Years of Service: Senate, August 1982-1983 House, 1959-August 1982

Personal Index 1005

HOWELL, SENATOR JAMES F., District 42, DemocratAuthor: SBs 9, 11,67,68, 116, 117,122, 143, 166,171,172,226,227,228,229,278,294,

322; SJRs 10, 31;SCRs5, 13, 18; HBs 1139, 1140, 1151, 1215, 1271, 1299, 1367, 1399; HJR 1008; HCRs 1005, 1015, 1021

Coauthor: SBs 31,32,108,162,296, 328; SJR 16; SCR 24; SRs 2,4,5, 7,9,10,18,25, 26;HBs 1134, 1179, 1180; HJR 1004; HCR 1023

Interim and Special Committees:Joint Committee on Federal Funds ................................................................................ 27Joint Committee on Law Enforcement Agencies, Chairman ...................................... 27To escort President Pro Tempore York to President’s desk ......................................... 6

Standing Committees:Education, Chairman ....................................................................................................... 5Executive Nominations ................................................................................................... 5Law Enforcement ............................................................................................................ 5Natural Resources ............................................................................................................. 6

Conferee:General Conference Committee on Appropriations ..................................................... 721GCCA Subcommittee on Education .............................................................................. 721SB 117 .................................. 575; 730 HB 1215 ..................................... 604SB 138 ............................................ 709 HB 1230 ............................ 696, 829SB 172 ............................................ 636 HB 1286 ....................................... 712SB 204 ............................................ 673 HB 1306 ....................................... 671SB 283 ............................................ 695 HB 1367 ....................................... 604HB 1169 ......................................... 631


JOHNSON, SENATOR JO E, District 4, DemocratAuthor: SBs 59, 145, 216, 217, 218, 219, 220, 221,222, 223, 224, 263, 264, 295; SJR 21;

SR 13; HBs 1004, 1126, 1178, 1181, 1182, 1183, 1185, 1196, 1200, 1207, 1256, 1276, 1315 1321 1335 1385

Coauthor: SBs 4,151,195,286,292; SJR 16;SCRs4,5 ,21;SR s2,4 ,5 ,7 ,9 ,10 ,18 ,26 ,29 ;HBs 1150, 1393, 1395, 1422; HJR 1004; HCR 1023

Interim and Special Committees:Committee on Juvenile Institutions ................................................................................ 86Joint Committee on Pari-Mutuel Racing ...................................................................... 27

Standing Committees:Agriculture ........................................................................................................................ 4General Government ....................................................................................................... 5Law Enforcement, Chairman ......................................................................................... 5Policy .................................................................................................................................. 6

Conferee:General Conference Committee on Appropriations ..................................................... 721GCCA Subcommittee on Public Safety ......................................................................... 721

1006 Personal Index

SB 152 ...................... ...................... 719 SB 286 ...SB 223 ...................... ...................... 724 HB 1118 .SB 224 ...................... ...................... 796 HB 1272 ,SB 263 ...................... ...................... 760 HCR 1001

690

Election certified ............................................................................................................... 2, 53Mileage allowance ............................................................................................................... 7Oath of Office ...................................................................................................................... 3Years of Service; Senate, August 1976-1983 House, 1973-August 1976

KKELLER, SENATOR E.W ., District 52, Republican

Designated to serve as Assistant Minority Floor Leader ............................................. 7Author: SBs 104, 132, 134, 140, 152; HB 1273Coauthor: SJR 16; SCR 5; SRs 2, 4, 5, 7, 9, 10, 18, 25, 26; HJR 1004; HCR 1023 Standing Committees:

General Government ....................................................................................................... 5Human Resources ............................................................................................................. 5Judiciary ............................................................................................................................ 5Standards and Ethics ....................................................................................................... 6

Conferee:SB 134 ............................................................................................................................... 600SB 152 ............................................................................................................................... 719

Election certified ............................................................................................................... 3, 54Mileage allowance ................................................................................................................ 7Oath of Office ...................................................................................................................... 3Years of Service: Senate, 1973-1983

KILPATRICK, SENATOR DON, District 43, Democrat Author: SBs 142, 176; HBs 1206, 1300Coauthor: SBs 9 ,18 ,19 ,20 ,21 ,22 ,23 ,24 ,25 ,26 ,27 ,28 ,29 ,30 ,31 ,32 ,33 ,34 ,35 ,36 , 37,

38, 39, 40, 41,42, 43, 44, 45,46, 47 ,48,49, 50, 51,52, 53, 54, 55, 56, 57, 58,106, 145, 300,328; SJR 16; SCR 5; SRs 2 ,4 ,5 ,7 ,9 ,1 0 ,1 8 ,2 6 ; HBs 1043,1044,1045,1046,1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061,1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075,1076, 1077, 1078, 1085, 1090, 1091, 1092, 1101, 1147, 1179, 1180, 1262, 1279, 1296,1297, 1369, 1370; H JR 1004; HCR 1023

Interim and Special Committees:Joint Committee on Federal Funds ................................................................................ 27Joint Conunittee on Pari-Mutuel Racing, Cochairman ............................................... 27Oklahoma Council of Science and Technology ........................................................... 863

Select Committees:Select Senate Committee on Retirement........................................................................ 175

Standing Committees:Appropriations, Vice Chairman ..................................................................................... 5Business and Labor, Chairman ....................................................................................... 5Policy .................................................................................................................................. 6

Personal Index 1007

Conferee:General Conference Committee on Appropriations, Vice Chairman ............ ............. 721CiCCJA Subcommittee on Regulatory and Natural Resources, Chairman ................. 721Special Conference Committee on Retirement Laws ........................... ............. 596SB 176 ...................... ....................... 752 HB 1144 ......................... ............. 575SB 285 ...................... ....................... 380 HB 1230 ......................... ... 696; 829SB 305 ...................... ...................... 599 HB 1266 ......................... ............. 753HB 1022 ................... ...................... 306 HB 1268 ......................... ............. 760HB 1023 ................... ...................... 128 HB 1367 ......................... ............. 604HB 1028 ................... ............ 538; 843 HB 1368 ......................... ............. 760HB 1090 ................... ...................... 709 HB 1372 ......................... ............. 604HB 1091 ................... ...................... 709 HB 1380 ......................... ............. 574HB 1092 ................... ...................... 709 HB 1409 ......................... ............. 696HB 1123 ................... ...................... 655 HJR 1023 ........................ ... 596; 603HB 1129 ................... ...................... 655

Mileage allowance ............................................................................................................... 8Years of Service: Senate, 1977-1983 House, 1971-1976

LAMB, SENATOR NORMAN A., District 19, Republican Author: HB 1351; HCR 1022Coauthor: SBs 76, 145, 159, 169, 328; SJR 16; SCR 5; SRs 2,4 , 5, 7, 9, 10, 18, 20, 25, 26;

HBs 1080, 1096, 1221, 1224; HJR 1004; HCR 1023 Standing Committees:

Agriculture ....................................................................................................................... 4Education .......................................................................................................................... 5Judiciary ............................................................................................................................ 5Standards and Ethics ....................................................................................................... 6

Conferee:HB 1199 ............................................................................................................................ 712

Declaration of vote:HJR 1004 .......................................................................................................................... 358

Mileage allowance ............................................................................................................... 8Years of Service: Senate, January 1971-1983

LANDIS, SENATOR KENNETH K ., District 24, DemocratDesignated to serve as Majority Whip ........................................................................... 7

Author: SBs61,62, 114, 115, 123,133, 181,196,275;HBs 1129,1150,1171,1212, 1248, 1293

Coauthor: SBs 94,101,145,159,327,328; S JR s7 ,16; SCRs 5,7; SRs 2 ,4 ,5 ,7 ,9 ,1 0 ,1 8 , 20, 25, 26; HBs 1096, 1120, 1165, 1173, 1221, 1272; HJR 1004; HCR 1023

Interim and Special Committees:Joint Legislative Committee on the Boley Transition ................................................. 826

Standing Committees:Agriculture ........................................................................................................................ 4General Government ....................................................................................................... 5

1008 Personal Index

Law Enforcement ............................................................................................................. 5Policy ................................................................................................................................. 6

Conferee:General Conference Committee on Appropriations, alternate ...................................... 721GCCA Subcommittee on Public Safety, alternate ........................................................ 721SB 62 ........................................................................................................................ 652; 810HB 1129 ............................................................................................................................ 655HB 1212 ............................................................................................................................ 655HB 1292 .................................................................................................................. 712; 866

Declaration of vote:HBs 1021, 1119, 1144, 1176, 1210, 1251, 1320, 1331, 1380, 1395, 1413 and HJRs 1002and 1017 ............................................................................................................................ 558


LEONARD, SENATOR TIM, District 49, RepublicanAuthor: SBs 178, 206; SR s5 ,23 ;HBs 1031,1081,1082,1102,1114,1231,1292;HJR 1004 Coauthor: SBs 151,159; SJR 16; SCRs 5,7; SR s2 ,4 ,7 ,9 ,1 0 ,1 8 , 25,26;HBs 1080,1221;


Advisory Committee on a Statewide Rapid Mass-Transit System, Vice Chairman .. 27Joint Committee on Law Enforcement Agencies ......................................................... 27Legislative Oversight Committee of Public Trusts ....................................................... 92

Standing Committees:Appropriations .................................................................................................................. 5Education .......................................................................................................................... 5Policy .................................................................................................................................. 6

Conferee:SB 1 ................................................... 498SB 206 ............................................... 562SB 297 ............................................... 670SB 311 ............................................... 528HB 1079 ................................. 655; 823

Mileage allowance ........................................................................ 8Years of Service: Senate, November 1979-1983

HB 1221 .............................. 424; 509HB 1292 .............................. 712; 866HB 1314 ....................................... 671HB 1364 ....................................... 696

LUTON, SENATOR JOHN D., District 9, Democrat Author: SBs 163, 175, 203, 204, 237, 302, 321; SR 12; HB 1204; HJR 1025 Coauthor: SBs 112, 128, 145, 300, 327, 328; SJR 16; SCR 5; SRs 2, 4, 5, 7, 9, 10, 14, 18,

25, 26; HB 1153; H JR 1004; HCR 1023 Standing Committees:

Business and Labor, Vice Chairman ............................................................................. 5Human Resources ............................................................................................................. 5Judiciary ............................................................................................................................ 5Standards and Ethics ....................................................................................................... 6

Conferee:SB 81 ................................................ 678 HB 1034 ....................................... 655

Personal Index 1009

SB 97 ....................................... 505; 762SB 103 .............................................. 743SB 134 .............................................. 600SB 204 .............................................. 673SB 282 .............................................. 600SB 302 .............................................. 708


HB 1042 ....................................... 690HB 1116 .............................. 655; 771HB 1141 ....................................... 712HB 1204 .............................. 604; 816HB 1257 ....................................... 655HB 1353 ....................................... 782.................................................... 8

MMcCUNE, SENATOR JOHN R., District 47, RepublicanAuthor: SBs 1, 2, 3, 8 ,15 ,96 ,158 ,165 , 201, 249; SJR 1; SCR 21; HBs 1136,1166,1314,

1364; HCRs 1009, 1020Coauthor: SB 283; SJRs 7, 16; SCR 5; SRs 2, 4, 5, 7, 9, 10, 18, 26; HB 1231; HJR 1004;

HCR 1023Standing Committees:

General Government ....................................................................................................... 5Human Resources ............................................................................................................. 5Law Enforcement ............................................................................................................. 5Standards and Ethics ....................................................................................................... 6

Conferee:SB 1 ................................................................................................................................... 498SB 283 ............................................................................................................................... 695HB 1314 ............................................................................................................................ 671HB 1364 ............................................................................................................................ 696Designated to verify correct engrossment and enrollment of legislation ................... 72

Mileage allowance ................................................................................................................ 8Years of Service: Senate, 1969-1983

McDa n i e l , s e n a t o r JAMES W ., District 13, DemocratAuthor: SBs 79, 80, 85,100, 139,192, 236,260, 261, 274, 309,320,329; SJRs 17,18,19,

20, 29; SR 6; HBs 1014, 1158, 1278, 1416, 1425 Coauthor: SBs 4, 145, 328; SJR 16; SCR 5; SRs 2, 4, 5, 7, 9, 10, 14, 18, 26; HBs 1117,

1272; H JR 1004; HCR 1023 Interim and Special Committees:

Joint Committee on Federal Funds ................................................................................ 27Joint Committee on Fiscal Operations .......................................................................... 92Joint Committee on Pari-Mutuel Racing ...................................................................... 27

Standing Committees:Appropriations ................................................................................... 5General Government, Chairman ..................................................................................... 5Standards and Ethics ......................................................................................................... 6

Conferee:General Conference Committee on Appropriations ..................................................... 721GCCA Subcommittee on General Government, Chairman ........................................ 721SB 79 ................................................ 672 HB 1272 ........................................ 690SB 236 .............................................. 575 HB 1278 ........................................ 655

1010 Personal Index

SB 267 .............................................. 549SB 274 .............................................. 538SB 285 ............................................. 380SB 286 .............................................. 538SB 309 .............................................. 752SB 320 .................................... 505; 706


HB 1353 ....................................... 782HB 1358 .............................. 671; 706HB 1372 ....................................... 604HB 1409 ....................................... 696HB 1416 ....................................... 753HB 1425 ....................................... 760

..................................................... 8

M cIn t y r e , s e n a t o r Be r n a r d J ., District l l , DemocratAuthor: SBs 82, 109; SJR 2; SR 19; HBs 1113, 1133, 1159, 1334; HJR 1003Coauthor: SBs 15, 312, 328; SJR 16; SCR 5; SRs 1, 2, 3, 4, 5, 7 ,9 ,1 0 ,1 2 ,1 8 , 20,21,26;

HJRs 1002, 1004, 1017; HCR 1023 Standing Committees:

Business and Labor .......................................................................................................... 5Finance ............................................................................................................................... 5Human Resources, Vice Chairman ................................................................................ 5Standards and Ethics ....................................................................................................... 6

Conferee:HB 1020 ............................................................................................................................ 496

Election certified ................................................................................................................ 2, 53Mileage allowance ................................................................................................................ 8Oath of Office ...................................................................................................................... 3Years of Service: Senate, 1983 House, December 1971-1982

M ILLER, SENATOR ROBERT L ., District 8, Democrat Author: SBs 95, 138, 215; SJRs 14, 15; HB 1018Coauthor: SBs 89, 151,328; SJR 16;SC R 5;SR s2 ,4 ,5 ,7 ,9 ,1 0 ,1 8 ,2 0 ,2 5 ,2 6 ;HJR 1004;

HCR 1023Standing Committees:

Appropriations .................................................................................................................. 5Executive Nominations, Chairman ................................................................................ 5Transportation .................................................................................................................. 6

Conferee:SB 138 ............................................................................................................................... 709SB 262 ............................................................................................................................... 671HB 1189 ............................................................................................................................ 696

Declaration of vote:SBs 3, 194 and 304 ......................................................................................................... 422

Declaration of not voting, Okla. Const. Art. V, § 24:HB 1106 ............................................................................................................................ 489

Election certified ................................................................................................................ 2, 53Mileage allowance ................................................................................................................ 8Oath of Office ....................................................................................................................... 3Years of Service: Senate, 1979-1983

M OORE, SENATOR ED, District 45, Republican Author: SB 245

Personal Index 1011

Coauthor; SBs 94,145,160,186; SJR 16; SCR 5; SRs 2 ,4 ,5 ,7 ,9 ,1 0 ,1 8 ,2 5 ,2 6 ; HB 1393;HJR 1004; HCR 1023

Standing Committees:Agriculture ........................................................................................................................ 4Executive Nominations ........................................... 5Law Enforcement ............................................................................................................. 5Transportation ................................... 6

Declaration of vote:Confirmation of executive nominations ......................................................................... 95HB 1123 ............................................................................................................................ 597


O ’CONNOR, SENATOR WILLIAM P ., District 20, Republican Author: SBs 94, 177, 256, 324; HBs 1208, 1394; HJR 1011Coauthor: SB 145; SJRs 7,16; SCR 5; SRs 2 ,4 ,5 ,7 ,9 ,1 0 ,1 5 ,1 8 ,2 5 ,2 6 ; HB 1007; HJRs

1004, 1012; HCR 1023 Interim and Special Committees:

Joint Committee on Pari-Mutuel Racing ............................ 27To escort Governor Nigh to Joint Session ................................................................... 59

Standing Committees:Appropriations .................................................................................................................. 5Executive Nominations ................................................................................................... 5General Government ....................................................................................................... 5

Conferee:HB 1020 ....................... 484HB 1022 ............................................................................................................................ 306HB 1208 ........................ 515

Declaration of not voting, Okla. Const. Art. V, § 24:SB 237 ....................................................................................................................... 420; 854

Election certified ............................................................................................................... 2, 54Mileage allowance ............................................................................................................... 8Oath of Office ...................................................................................................................... 3Years of Service: Senate, January 1981-1983

PIERCE, SENATOR JERRY T ., District 29, RepublicanDesignated to serve as Minority Floor Leader ............................................................. 7

Author: SBs 7, 174, 185, 265; SJRs 6 , 7; SCRs 11, 12; HJR 1006Coauthor: SB 89; SJR 16; SCR 5; SRs 2, 4, 5, 7, 9, 10, 18, 26; HJR 1004; HCR 1023Interim and Special Committees:

To escort President Pro Tempore York to the President’s desk ................................ 6Standing Committees:

Agriculture ........................................................................................................................ 4

1012 Personal Index

Judiciary ............................................................................................................................ 5Policy .................................................................................................................................. 6Transportation .................................................................................................................. 6

Conferee:SJR 7 .................................................................................................................................. 671

Mileage allowance ............................................................................................................... 8Years of Service; Senate, 1973-1983 House, 1971-1972

PORTER, SENATOR E. MELVIN, District 48, DemocratAuthor: SBs 111, 246; S J R s 4 ,12; SR s3, 21 ,24;HBs 1122,1217, 1218,1263,1323,1324,

1325, 1391; HJRs 1002, 1017; HCR 1007Coauthor: SBs 15, 151, 163; SJR 16; SCRs 3, 5, 10; SRs 1, 2 ,4 , 5, 7 ,9 ,10 ,12 , 14,18, 19,

20, 26; HBs 1113, 1174; HJR 1004; HCR 1023 Standing Committees:

Business and Labor .......................................................................................................... 5Executive Nominations ................................................................................................... 5Human Resources, Chairman .......................................................................................... 5Judiciary ............................................................................................................................ 5

Declaration of vote:SB 307 ............................................................................................................................... 428

Election certified ................................................................................................................ 3, 54Mileage allowance ................................................................................................................ 8Oath of Office ....................................................................................................................... 3Years of Service; Senate, 1965-1983

RANDLE, SENATOR RODGER A., District 33, DemocratAuthor: SBs 17, 18, 19, 20, 21,22, 23,24,25, 26, 27,28, 29, 30, 31,32, 33, 34, 35,36, 37,

38, 3 9 ,4 0 ,41 ,42 ,43 ,44 , 45 ,46 ,47 ,48 ,49 ,50 ,51 ,52 , 53, 54, 55,56, 57, 58,64, 65, 6 6 , 69, 106, 125, 248, 259, 300, 301,306, 312, 328; SJR 24; SCRs 2, 22, 23, 24; HBs 1001, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056,1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070,1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1085, 1090, 1091, 1092, 1101, 1123,1132, 1147, 1179, 1180, 1262, 1266, 1268, 1277, 1279, 1286, 1296, 1297, 1368, 1369,1370, 1372, 1373, 1397, 1400; HJRs 1010, 1021; HCRs 1013, 1014, 1019

Coauthor: SBs 105, 250; SJRs 1, 7, 16; SCR 5; SRs 1, 2, 4, 5, 7, 9, 10, 14, 18, 26; HJR 1004; HCR 1023

Interim and Special Committees:Joint Committee on Federal Funds, Chairman ............................................................. 27

Select Committees:Select Senate Committee on Retirement........................................................................ 175

Standing Committees:Appropriations, Chairman ............................................................................................... 5General Government ....................................................................................................... 5Policy .................................................................................................................................. 6

Conferee:General Conference Committee on Appropriations, Chairman ................................... 721

Personal Index 1013

GCCA Subcommittee on Education, Chairman ....................... 721Special Conference Committee on Retirement Laws .......................... ....................... 596SB 69 ...................... ......................... 331 HB 1268 ............... ....................... 760SB 250 ................... ......................... 574 HB 1286 ............... ....................... 712SB 309 ................... ......................... 752 HB 1368 ............... ....................... 760SB 320 ................... ............... 566; 706 HB 1372 ............... ....................... 604HB 1090 ................. ......................... 709 HB 1416 ............... ....................... 753HB 1091 ................. ......................... 709 HB 1425 ............... ....................... 760HB 1092 ................. ......................... 709 HJR 1021 ............. ....................... 765HB 1123 ................. ......................... 655 HJR 1023 ............. ............. 596; 603HB 1266 ................. ......................... 753

Mileage allowance ................................................................................................................ 8Years of Service: Senate, 1973-1983 House, 1971-1972

RHODES, SENATOR FRANK, District 36, RepublicanCoauthor: SBs 145,160,186, 328; SJRs 7,16; SCR 5; SR s2 ,4 , 5 ,7 ,9 ,1 0 ,1 8 ,2 5 ,2 6 ; HB

1317; H JR 1004; HCR 1023 Standing Committees:

Executive Nominations ................................................................................................... 5Finance ............................................................................................................................... 5General Government ....................................................................................................... 5Human Resources ............................................................................................................. 5

Conferee:SJR 7 .................................................................................................................................. 671HB 1156 ............................................................................................................................ 712

Election certified ................................................................................................................ 2, 54Mileage allowance ................................................................................................................ 8Oath of Office ...................................................................................................................... 3Years of Service: Senate, 1983

ROBERTS, SENATOR DARRYL F ., District 14, DemocratAuthor: SB s276,277,287,325; HBs 1020,1170,1194,1244,1252,1259,1264,1312; HJR

1012Coauthor: SBs 90 ,1 5 1 ,1 5 9 ,162 ,204 ,j299 ,328 ;S JR 16 ;S C R 5;S R sl,2 ,4 ,5 ,7 ,9 ,10,12,

14, 18, 20, 22, 25, 26; HB 1153; H JR 1004; HCRs 1006, 1023 Interim and Special Committees:

Joint Committee on Interstate Cooperation .................................................................. 86Standing Committees:

Business and Labor .......................................................................................................... 5Executive Nominations ................................................................................................... 5Finance, Vice Chairman .................................................................................................. 5Natural Resources ............................................................................................................. 6

Conferee:SB 206 .............................................. 562SB 223 .............................................. 724SB 239 .............................................. 789SB 263 .............................................. 760SB 287 .............................................. 671SB 299 .............................................. 671

HB 1020 ....................................... 484HB 1118 ....................................... 562HB 1221 .............................. 424; 509HB 1264 ....................................... 760HB 1380 ....................................... 575HB 1419 ....................................... 604

1014 Personal Index

Election certified ............................................ ................................................................... 2, 54Mileage allowance ............................................................................................................... 8Oath of Office ...................................................................................................................... 3Years of Service: Senate, 1983

ROZELL, SENATOR HERBERT, District 3, DemocratAuthor: SBs 10,13,14, 207, 255; SJR26;SCR4;H B s 1027,1096,1131,1189,1305,1317,

1424Coauthor: SBs 89, 151, 328; SJR 16; SCRs 5, 13, 17; SRs 2, 4, 5, 7, 9, 10, 12, 14, 18,20,

26, 29; HB 1018; H JR 1004; HCR 1023 Interim and Special Committees:

Joint Legislative Ethics Committee, Chairman ............................................................. 27Standing Committees:

Appropriations .................................................................................................................. 5Standards and Ethics ....................................................................................................... 6Transportation, Chairman ............................................................................................... 6

Conferee:General Conference Committee on Appropriations, alternate ...................................... 721GCCA Subcommittee on General Government, alternate ........................................... 721SB 204 ............................................. 673 HB 1169 631SB 224 ............................................. 796 HB 1189 696SB 302 ............................................. 708 HB 1215 604HB 1104 ........................................... 730 HB 1305 496


SCHUELEIN, SENATOR WILLIAM M ., District 1, DemocratDesignated to serve as Majority Floor Leader ............................................................. 7

Author: SB 205; SRs 7, 27, 29Coauthor: SB 327; SJR 16; SCRs 3,5; SRs 1 ,2 ,4 , 5 ,9 ,1 0 ,1 7 ,1 8 ,2 6 ;HB 1181;HJR 1004;

HCRs 1020, 1023 Interim and Special Committees:

Joint Committee on Law Enforcement Agencies ......................................................... 27Joint Committee on Pari-Mutuel Racing ...................................................................... 27

Senate Committees:Ex officio and voting member of all Senate committees. Rule 7-3(E).

Conferee:General Conference Committee on Appropriations ...................................................... 721GCCA Subcommittee on General Government ............................................................. 721HB 1266 ............................................................................................................................ 753


SHEDRICK, SENATOR BERNICE, District 21, DemocratAuthor: SBs 60,73,105,119,183,238,240,267; SR 18;HBs 1034,1307,1347,1350,1413

Personal Index 1015

Coauthor: SBs 31,71, 138, 148, 151, 186,304, 307, 327, 328; SJRs 5,16; SCRs 4, 5, 17, 24; SRs 2, 4, 5, 7, 9, 10, 25, 26; HBs 1080, 1096, 1173, 1179, 1180, 1286; HJR 1004; HCRs 1005, 1013, 1023

Interim and Special Committees:Joint Committee on Federal Funds ................................................................................ 27Joint Committee on Fiscal Operations .......................................................................... 92

Select Committees:Select Senate Committee on Retirement, Chairman ................................................... 175

Standing Committees:Appropriations .................................................................................................................. 5Education ........................................................................................................................... 5Policy .................................................................................................................................. 6

Conferee:General Conference Committee on Appropriations ..................................................... 721GCCA Subcommittee on Education .............................................................................. 721Special Conference Committee on Retirement Laws .................................................. 596SB 69 ................................................ 331 HB 1215 604SB 71 ................................................ 789 HB 1286 712SB 117 .................................... 575; 730 HB 1306 ....................................... 671SB 162 .............................................. 599 HB 1327 744SB 240 .............................................. 574SB 267 .............................................. 549HB 1034 ........................................... 655HB 1153 ........................................... 631HB 1188 ........................................... 752

Declaration of vote:SBs 205, 237 and 280 .................................................................................................... 422HBs 1113, 1281, 1318 and 1406 ................................................................................... 506

Mileage allowance ................................................................................................................. 8Years of Serviee: Senate, 1981-1983

..... 331 HB 1215....... 789 HB 1286575; 730 HB 1306....... 599 HB 1327....... 574 HB 1328....... 549 HB 1350....... 655 HB 1413....... 631 HJR 1021....... 752

SMITH, SENATOR JERRY L ., Distriet 39, RepublieanDesignated to serve as Minority Whip .......................................................................... 7

Author: SBs6, 81,86, 87, 88,110,160,167,186,190,191,250,251,308; HBs 1134,1187, 1257, 1337, 1360; HCR 1006

Coauthor: SJR 16; SCR 5; SRs 2, 4, 5, 7, 9, 10, 18, 25, 26; HJR 1004; HCR 1023 Standing Committees:

Business and Labor .......................................................................................................... 5Judiciary ............................................................................................................................ 5Natural Resources ............................................................................................................. 6Standards and Ethics ....................................................................................................... 6

Conferee:SB 81 ................................................ 678 HB 1187 ........................................ 730SB 250 .............................................. 574 HB 1257 ........................................ 655HB 1116 ................................. 655; 771 HB 1393 ........................................ 671HB 1146 ................................. 655; 836 HB 1430 ........................................ 696

Declaration of not voting, Okla. Const. Art. V, § 24:HB 1331 ............................................................................................................................ 545

1016 Personal Index

Mileage allowance ................................................................................................................ 8Years of Service: Senate, 1981-1983 House, 1973-1980

STIPE, SENATOR GENE, District 7, DemocratAuthor: SBs 16, 89, 90, 126, 127, 128, 129, 130, 131, 187, 225, 230, 292, 307, 323, 326;

S JR sl6 ,2 3 ;S R s4 , 8 ,9 , 16, 17, 20, 25; HBs 1153, 1161, 1163, 1177, 1223, 1320, 1346, 1356, 1433

Coauthor: SBs 4, 73, 151, 162, 164, 328; SJR 12; SCRs 5, 19; SRs 1,2, 3, 5 ,7 ,10 , 12,18, 26; HB 1174; H JR 1004; HCR 1023

Interim and Special Committees:To escort President Pro Tempore York to the President’s desk .................................. 6

Standing Committees:Appropriations .................................................................................................................. 5Policy .................................................................................................................................. 6Transportation .................................................................................................................. 6

Conferee:General Conference Committee on Appropriations ...................................................... 721GCCA Subcommittee on Public Safety ........................................................................ 721SB 69 ................................................ 331 HB 1204 ............................... 604; 816SB 162 ............................................. 599 HB 1223 ...................... 631; 840; 842SB 230 ............................................. 515 HB 1292 ............................... 712; 866HB 1153 ........................................... 631 HB 1305 ....................................... 496HB 1156 ........................................... 712

Mileage allowance ................................................................................................................. 8Years of Service: Senate, December 1956-1983 House, 1949-1954

TALIAFERRO, SENATOR PAUL, District 31, DemocratDesignated to serve as Assistant Majority Floor Leader ............................................ 7

Author: SBs 83, 84,124, 210,211,273; S JR 25; SCR9; HBs 1028,1042,1094,1098,1156, 1173, 1184, 1202, 1229, 1308, 1319; HCR 1001

Coauthor: SBs 100, 121, 159, 309, 320, 327, 328; SJR 16; SCRs 5, 7; SRs 1, 2, 4, 5, 7, 9, 10, 17, 18,20, 25, 26; HBs 1002, 1035, 1096, 1106, 1171, 1221, 1272; HJR 1004; HCR 1023

Interim and Special Committees:Joint Committee on Pari-Mutuel Racing ...................................................................... 27

Standing Committees:Agriculture ........................................................................................................................ 4General Government, Vice Chairman ............................................................................ 5Judiciary ............................................................................................................................ 5Policy .................................................................................................................................. 6

Conferee:General Conference Committee on Appropriations ..................................................... 721GCCA Subcommittee on Regulatory and Natural Resources ..................................... 721SB 79 ........ ....................................... 672 HB 1028 .............................. 538; 843SB 137 ........................................... .6 0 0 HB 1042 ........................................ 690SB 172 ............................................ 636 HB 1106 ........................................ 538

Personal Index 1017

SB 223 ............................................... 724SB 224 ............................................... 796SB 263 ............................................... 760SB 309 ............................................... 752SB 320 .................................... 505; 706

Declaration of vote:SBs 142, 173, 233, 286 and 320 .................................................................................. 336

Mileage allowance ............................................................................................................... 8Years of Service; Senate, November 1976-1983

HB 1156 ....................................... 712HB 1173 ....................................... 505HB 1416 ....................................... 753HB 1425 ....................................... 760HCR 1001 .................................... 290

TAYLOR, SENATOR STRATTON, District 2, DemocratAuthor: SBs 233, 234, 235; SCR 3; HBs 1041, 1144, 1195, 1199, 1227, 1306, 1396, 1417,

1430Coauthor: SBs 145,151, 162, 238, 328; SJRs 16,23; SCR 5; SRs2, 3,4, 5 ,7 ,9 , 10,12,14,

18, 20, 26; HBs 1108, 1179, 1286; HJR 1004; HCRs 1005, 1023 Interim and Special Committees:

Advisory Committee on a Statewide Rapid Mass-Transit System ............................ 86Standing Committees:

Appropriations .................................................................................................................. 5Education, Vice Chairman .............................................................................................. 5Standards and Ethics ....................................................................................................... 6

Conferee:General Conference Committee on Appropriations, alternate .................................... 721GCCA Subcommittee on Education, alternate ............................................................ 721HB 1144 ............................................................................................................................ 5 7 5HB 1199 ......................................................................................................................... 712HB 1264 ............................................................................................................................ 760HB 1306 ....................................................................................................................... 671HB 1430 ............................. 696

Election certified ................................................................................................................ 2, 53Mileage allowance ................................................................................................................ 8Oath of Office ...................................................................................................................... 3Years of Service; Senate, 1983 House, 1979-1982

TERRILL, SENATOR AL, District 32, DemocratAuthor: SBs99,135, 136, 137, 147, 148, 149, 157, 168,188, 189,268,269,270,271,281,

282, 297, 313, 314, 315, 316, 317, 318, 319; SR 15; HBs 1007, 1022, 1099, 1130, 1209, 1245, 1309, 1318, 1352, 1402, 1406

Coauthor: SBs 138, 328; SJRs 10,16; SCRs 5,21; SRs 1 ,2 ,4 ,5 ,7 ,9 ,1 0 ,1 8 ,2 5 ,2 6 ; HBs 1002, 1005, 1006, 1029, 1035, 1125, 1129, 1173, 1211, 1395; HJR 1004; HCRs 1001, 1006, 1023

Interim and Special Committees:Joint Committee on Federal Funds ................................................................................ 27Special Interim Committee on Social Security Disability Cutbacks ........................... 27

Standing Committees:Appropriations .................................................................................................................. 5Education ........................................................................................................................... 5Policy, Chairm an.............................................................................................................. 6

1018 Personal Index

Conferee:General Conference Committee on Appropriations ............................... .................... 721GCCA Subcommittee on Public Safety, Chairman ............................... .................... 721SB 71 ................................................ 789 SB 282 .................... ................... 600SB 137 ............................................. 600 SB 297 .................... .................... 670SB 148 ............................................. 719 HB 1022 ................. .................... 306SB 271 .................................... 674; 796 HB 1350 .................. .................... 560

Election certified ............. .................. 2, 54Mileage allowance .......... .................... 8Oath of Office ................. .................... 3Years of Service: Senate, 1965-1983

wWATSON, SENATOR PHIL, District 41, RepublicanAuthor: SBs 93, 107, 252, 253; SCR 1; HBs 1005, 1006, 1029, 1080, 1120, 1188, 1327,

1328, 1376, 1393, 1403Coauthor: SBs 105, 145, 328; SJR 16; SCR 5; SRs 2, 4, 5, 7, 9, 10, 18, 25, 26; HJR 1004;


Joint Committee on Federal Funds ................................................................................ 27Select Committees:

Select Senate Committee on Retirement........................................................................ 175Standing Committees:

Appropriations .................................................................................................................. 5Education ........................................................................................................................... 5Policy .................................................................................................................................. 6

Conferee:General Conference Committee on Appropriations ..................................................... 721GCCA Subcommittee on Social Services ..................................................................... 721Special Conference Committee on Retirement Laws .................................................. 596SB 137 ............................................. 600 HB 1187 730SB 148 ............................................. 719 HB 1188 752SB 271 .................................. 674; 796 HB 1327 ..................................... 744SB 282 ............................................... 600 HB 1328 744SB 297 ............................................. 670 HB 1393 671


WINN, SENATOR WAYNE, District 38, DemocratAuthor: SBs 153,154,155,170,193; HBs 1025,1079,1107,1165,1174,1210,1211,1338;

HCR 1010Coauthor: SBs 16,151,328; SJRs 7,16; SCR 5; SRs 2 ,4 ,5 ,7 ,9 ,1 0 ,1 2 ,1 8 ,2 0 ,2 5 ,26;HBs

1018, 1144, 1402; H JR 1004; HCR 1023 Standing Committees:

Appropriations ................................................................................................................... 5Executive Nominations, Vice Chairman ........................................................................ 5General Government ....................................................................................................... 5

Personal Index 1019

Conferee:SB 287 ............................................................................................................................... 671HB 1079 .................................................................................................................. 655; 823HB 1104 ............................................................................................................................ 730

Election certified ............................................................................................................... 2, 54Mileage allowance ............................................................................................................... 8Oath of Office ...................................................................................................................... 3Years of Service: Senate, 1981-1983 House, 1977-1980

W RIGHT, SENATOR GERALD GED, District 54, Republican Author: SBs 195, 243, 330; SCR 6 ; HBs 1016, 1017, 1039, 1105, 1395, 1422; HJR 1024 Coauthor: SBs 179, 240, 328; SJR 16; SCRs 2, 5; SRs 2, 4, 5, 7, 9, 10, 18, 25, 26; HBs

1136, 1317; H JR 1004; HCR 1023 Standing Committees:

Business and Labor .......................................................................................................... 5Executive Nominations .................................................................................................. 5Law Enforcement ............................................................................................................. 5Natural Resources ............................................................................................................. 6

Conferee:SB 179 ..................................................................................................................... 644; 813HB 1016 ............................................................................................................................ 690HB 1223 .......................................................................................................... 631; 840; 842

Declaration of vote:Confirmation of executive nominations ......................................................................... 728

Election certified ................................................................................................................ 3, 55Mileage allowance ............................................................................................................... 8Oath of Office ...................................................................................................................... 3Years of Service: Senate, 1983

YYORK, SENATOR MARVIN, District 44, Democrat

Elected President Pro Tem pore....................................................................................... 6Author: SBs 74, 97, 108, 169, 200, 213, 242, 257, 258, 303, 304, 305, 327; SJRs 11, 30;

SCR 8 ; SR 14; HBs 1146, 1285, 1298; HJRs 1005,1015, 1016,1023; HCRs 1002, 1008, 1017

Coauthor: SBs 9, 285; SJR 16; SCR 5; SRs 2, 4, 5, 7, 9, 10, 18, 25, 26; HBs 1023, 1035, 1212; H JR 1004; HCR 1023

Interim and Special Committees:Joint Committee on Federal Funds ................................................................................ 27

Senate Committees:Ex officio and voting member of all Senate committees. Rule 7-3(E)

Conferee:SB 97 ...................... ............... 505; 762 HB 1092 ............... ....................... 709SB 200 ................... ......................... 695 HB 1146 ............... ............. 655; 836SB 305 ................... ......................... 599 HB 1199 ............... ....................... 712HB 1023 ........................................... 128 HB 1212 ............... ....................... 655HB 1090 ........................................... 709 HB 1419 ............... ....................... 604HB 1091 ........................................... 709 HJR 1023 ............. ............. 596; 603

r

1020 Personal Index

Election certified ................................................................................................................ 3, 54Mileage allowance ............................................................................................................... 8Oath of Office ...................................................................................................................... 3Years of Service: Senate, 1975-1983 House, 1969-1974

YOUNG, SENATOR JOHN W., District 12, Democrat Author: SBs 112, 113, 151, 262; SR 26; HB 1295Coauthor: SB 138; SJR 16; SCR 5; SRs 2, 3,4, 5, 7,9, 10,12,14,18, 20; HJR 1004; HCR

1023Interim and Special Committees:

Joint Legislative Committee on the Boley Transition .................................................. 826Select Committees:

Select Senate Committee on Retirement......................................................................... 175Standing Committees:

Appropriations .................................................................................................................. 5Policy .................................................................................................................................. 6Transportation .................................................................................................................. 6

Conferee:Special Conference Committee on Retirement Laws ..................................................... 596SB 262 .......................................................................................................................... 671

Declaration of vote:SB 59 .................................................................................................................................. 70

Election certified ................................................................................................................ 2, 54Mileage allowance ................................................................................................................ 8Oath of Office ....................................................................................................................... 3Years of Service: Senate, 1965-1983

General Index 1021

GENERAL INDEX

ALEXANDER, Kermit, presented citation ........................................................................ 769AYERS, Major General S.T., introduced ......................................................................... 783

BBARKER, James A., presented citation ............................................................................ 769BERNARD, Mrs. Vivian, introduced ................................................................................ 42BERNARD, SPENCER see LIEUTENANT GOVERNOR SPENCER BERNARD BILLS AND JOINT RESOLUTIONS see also RULESBills and Joint Resolutions enacted into law ............................................................... xiv; xvJoint Resolutions filed with Secretary of State ............................................................. xiv; xvPrefiled Bills and Resolutions .............................................................................................. 27Recall:

From Governor SB 209 by SCR 16Summary of Legislative Action .......................................................................................... 880Vetoed see VETOBOATNER, Rhonda and Alton, introduced ...................................................................... 427BRANCH, Max, introduced ..................................................................................................471BRANCH, Mrs. Carolyn, introduced .................................................................................. 6BUSSMAN, Mrs. Carmen, introduced ............................................................................... 114

cCAIN, Nancy and Melissa, introduced ............................................................................... 336CARR, Terri, introduced ...................................................................................................... 74 9CASEY, Brenda, introduced ................................................................................................ 180CSU football team, presented citations ............................................................................... 202CSU Jazz Ensemble presented citations ................................... 7 3 7CHAPLAINSArcher, Reverend Eldon, Lawton ....................................................................................... 345Barnett, Reverend Marcus, Wewoka and Cromwell ......................................................... 193

1022 General Index

Coleman, Reverend Kenneth, Eldorado ............................................................................. 127Cook, Reverend Isaac, Haskell and Boyington ................................................................. 559Fenton, Reverend Gary, Stillwater ........................................................................................723Frank, Reverend A.J., Shawnee .......................................................................................... 109Giles, Reverend Frank, Newcastle ........................................................................................401Hamm, Dr. Del, Oklahoma City ......................................................................................... 73Hardy, Reverend Dave, Tulsa ...............................................................................................493Holden, Reverend Gerald, Hominy .................................................................................... 245Parsley, Reverend Coy, Durant ........................................................................................... 759Pumlee, Hubert, Duncan ....................................................................................................... 1Reynolds, Reverend James, Cushing .................................................................................. 695Smith, Reverend Elbert, Vivian .......................................................................................... 525Stacy, Reverend Bill, Perkins .............................................................................................. 711Stewart, John R., Del City .................................................................................................. 459Stilley, Reverend Clyde, Cardin .......................................................................................... 97Terrell, Dr. David, Lawton ................................................................................................. 559Thompson, Dr. Dan, Moore ................................................................................................ 301Thompson, Reverend J. Harold, Del City ................................................................. 271; 825Tobler, Reverend Kenneth, Shawnee ....................................................................................781Walker, Reverend Jerry, Oklahoma City ........................................................................... 175Walker, Reverend R.L., Tulsa ............................................................................................. 727Wileman, Dr. Larry, Ada ..................................................................................................... 605Wininger, Reverend Jim, C arney......................................................................................... 703CHRISTIE, Mr. and Mrs. Isaac and Danny, introduced .................................................. 801CHRISTIE, Regina, presented citation ................................................................................ 801CODE OF CONDUCT adopted; printed ................................................................. 159; 163CODE OF ETHICS adopted; printed ....................................................................... 159; 160COMBS, Audrey, introduced .............................................................................................. 371COMMITTEESAdvisory Committee on a Statewide Rapid Mass-Transit System ...................... 27; 86Common School Capital Improvement Needs Assessment Committee ................... 27Committee on Juvenile Institutions ................................................................................ 86General Conference Committee on Appropriations

Bills referred t o ................................................................................................................. 885House conferees ................................................................................................................ 735House subcommittee conferees ......................................................................................... 736Senate conferees ................................................................................................................. 721Senate subcommittee conferees ...................................................................................... 721

Interim and Special Committees, list of ........................................................................ 875Joint Committee on Federal Funds ............................................................................ 27; 92Joint Committee on Fiscal Operations ............................................................................ 92Joint Committee on Interstate Cooperation .............................................................. 27; 86Joint Committee on Law Enforcement Agencies .......................................................... 27Joint Committee on Pari-M utuel Racing ........................................................................ 27Joint Legislative Committee on the Boley Transition ..................................................826Joint Legislative Ethics Committee .................................................................................. 27Legislative Oversight Committee of Public Trusts ....................................................... 92Oklahoma Commission on Educational Planning and Assessment ............................ 205Oklahoma Council of Science and Technology ............................................................. 863

General Index 1023

Select Senate Committee on R etirem en t............................. 175Special Conference Committee on Retirement Laws, measures referred to ..............888

House Conferees .................................................................................................................. 606Senate Conferees ................................................................................................................. 596

Special Conference Committees, measures referred to ..................................................... 886Special Interim Committee on Social Security Disability Cutbacks ......................... 27Special Senate Committees

To escort President Pro Tempore York to the President’s desk .................................. 6To escort Governor Nigh to Joint Session ..................................................................... 59

Standing CommitteesAmendment to Rule 7-1 .................................................................................................... 4Appointment of members ................................................................................................. 4

State Capitol Preservation Commission ......................................................................... 92CONFIRMATION OF EXECUTIVE NOMINATIONS see EXECUTIVE

NOMINATIONSCONSTITUTIONAL RIGHT ON REFRAINING FROM VOTE

Senator Choate, SB 140 .................................................................................................... 363Senator Ford, SR 15 ........................................................................................................... 422Senator Green, SB 140 ........................................................................................... 363; 403Senator Miller, HB 1106 .................................................................................................. 489Senator O ’Connor, SB 237 ...................................................................................... 420; 854Senator Smith, HB 1331 .................................................................................................. 545

COOPER, Rebecca, introduced............................................................................................. 749CRAMER, Senator Gary D., Minnesota, introduced ....................................................... 760CREAGER, Marge, introduced ........................................................................................... 180CRUTCHER, Senator Bill, resignation ............................................................................. 2CULLISON, Mrs. Francie, introduced ............................................................................... 6CULLISON, Robin, introduced ............................................................................................463CUMMINS, Mrs. Sharon, presented SR 10 ...................................................................... 245CUMMINS, Senator Don, announcement of death .......................................................... 2CUSHING HIGHSCHOOL basketball team presented citations ..................................... 487

DRAPER, Mrs. Mary Lee, introduced ............................................................................... 42

ELECTION BOARDCommunication re Special Election, District 37 ........................................................... 1Communications re General Election .................................................................. 2; 43; 95

EQUALIZATION BOARD, communication from ........................................................... 9EXECUTIVE NOMINATIONS AND CONFIRMATIONS see also TAG AGENTS

To Corn- Corn- mittee Con- mittee Report firmed

Allee, Bob F., Board of Regents of Higher Education................................ 728 759 767Allford, Wilson Ervin “ Bill” , State Transportation Commission............... 261 357 372

1024 General Index

Allison, Walter, Economic Development Commission................................ 183 459 469Atkinson, H.B., Wildlife Conservation Commission.................................... 101 326 359Baker, Robert C., Liquefied Petroleum Gas Board....................................... 815 847 848Bartlett, Burl, State Board of Education......................................................... 678 711 724Beall, Sue, Consumer Credit Commission..................................................... 311 543 553Beckman, William E., State Board of Corrections....................................... 791 833 848Been, David D., Police Pension and Retirement Board............................... 105 759 767Bennett, Carl M., Oklahoma Board of Private Schools............................... 695 759 767Berkemeyer, Bob, Oklahoma Pecan Commission........................................ 751 847 848Bernier, Jack, Board of Regents, South Oklahoma City Junior College .... 519 791 801Blankenship, Linda, Board of Regents of Oklahoma Colleges.................... 825 847 848Borin, Claireece E., State Textbook Committee........................................... 728 737 749Bowen, William A., Board of Regents, Tulsa Junior College.................... 519 577 622Boyd, J.T. “ Tom” , Will Rogers Memorial Commission............................ 751 833 848Buckner, Lillie, Board of Registration for Professional Engineers and

Land Surveyors.............................................................................................. 40 113 123Byrd, Mary, Board of Regents for Seminole Junior College....................... 40 87 93Byrd, Dr. Wallace, State Board of Health..................................................... 40 189 203Callaway, Andrew, Wildlife Conservation Commission............................... 40Carris, Paul, Oklahoma Horse Racing Commission...................................... 93 711 724Chapman, William, Oklahoma Pecan Commission....................................... 105 326 359Clark, Jack, Chairman, Motor Vehicle Commission.................................... 621 791 801Coffelt, H. Harold, Used Motor Vehicle and Parts Commission................ 728 791 801Coffey, Jack L., Board of Pharmacy.............................................................. 40 87 93Coles, Allen E., Oklahoma Horse Racing Commission............................... 101 727 742Cook, Jerry Curtis, Motor Vehicle Commission........................................... 773 847 848Cornish, Fred, State Board of Mental Health................................................. 825 847 848Cravens, Vinita, Capitol-Medical Center Improvement and Zoning

Commission..................................................................................................... 815 847 848Dahlgren, Roger, State Mining Board (1982 appointment).......................... 87 93Detrick, Sheldon, Oklahoma Horse Racing Commission.............................. 105 727 741Diffee, Victor F., Used Motor Vehicle and Parts Commission................... 447 577 622Doenges, Bill, State Transportation Commission.......................................... 621 711 724Doenges, Elizabeth Kirkpatrick, State Arts Council of Oklahoma.............. 40 113 123Douglass, Marzee, Human Rights Commission............................................. 825 847 848Drake, Josh M., Jr., War Veterans Commission.......................................... 105 203 203Dunlap, Tom, Board of Governors of the Registered Dentists of

Oklahoma........................................................................................................ 40 833 848Edmondson, Jeannette B., Secretary of State................................................. 119 203 203Feldman, Nancy, Oklahoma Educational Television Authority................... 477 669 679Fox, G. Douglas, Real Estate Commission................................................... 40 357 372Franks, Jerry, Board of Nursing Homes......................................................... 791 802 832Fullerton, Jo Ann, Oklahoma Board of Private Schools............................... 40 87 93Gamer, Sam, Board of Nursing Homes.......................................................... 773 833 848Gates, Mary, Board of Regents for Carl Albert Junior College................... 93 285 295Gengler, Dr. Bob, Veterinary Medical Examiners Board............................ 141 459 469Gibbs, Linda, State Arts Council of Oklahoma............................................. 40 113 123Gibson, Douglas, Board of Licensed Social Workers................................... 40 113 123Glenn, Sara Lynn, R.E., State Board of Electrology................................... 40 87 93

General Index 1025

Goetsch, Ray, Real Estate Commission.............................. 40 131 135Goodwin, Obera, Board of Governors of the Registered Dentists of

Oklahoma........................................................................................................ 41 285 295Graham, Elmer, Oklahoma Turnpike Authority............................................ 41 88 93Gross, Dr. Nolan, Veterinary Medical Examiners Board............................ 41 189 203Ham, Raymond E., Polygraph Examiners Board.......................................... 815 847 848Hart, Lawrence, Oklahoma Human Rights Commission............................. 325 485 487Heggy, Tom L., Director, Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control (to 1983)............................................................. 183 326 359(new term 1983 through 1986) .................................................................... 815 847 848

Helmert, Jim, Board of Registration for Professional Engineers and LandSurveyors......................................................................................................... 94 357 372

Hendrick, Jean, State Arts Council of Oklahoma.......................................... 105 203 203Henry, T.J., Oklahoma Horse Racing Commission...................................... 94 711 724Hetherington, Jerry, Board of Regents of Carl Albert Junior College........ 193 485 487Hinton, Bob, Tourism and Recreation Commission...................................... 94 267 277Holcombe, Lee, State Board of Agriculture.................................................. 728 833 848Holder, Carolyn, Oklahoma State Textbook Committee (1982

appointment)................................................................................................... 88 93Holland, Anna Hazel, Board of Regents of Murray State College............. 41 759 767Hollander, Bryon, State Fire Marshal Commission....................................... 815 847 848Holloway, Candis Ann, State Textbook Committee...................................... 41 267 277Hood, Kay L., State Textbook Committee..................................................... 728 737 749Hudlin, Grace, State Election B oard .............................................................. 325 543 553Humphrey, Wayman, Board of Regents of Tulsa Junior College............... 41Jackson, Carroll, Used Motor Vehicle and Parts Commission.................... 41 507 533Jackson, Loretta, State Banking Board........................................................... 41 131 135Johnson, Jimmy D., Board of Licensed Social Workers.............................. 41 189 203Johnson, T.G. “ Thad” , Board of Regents of El Reno Junior College....... 728 792 801Johnston, Ken, Board of Regents of the University of Science and Arts of

Oklahoma........................................................................................................ 773 833 848Kendall, June, State Textbook Committee..................................................... 41 459 469Kerr, William G., State Arts Council of Oklahoma...................................... 41 113 123King, Scott, Oklahoma Conservation Commission....................................... 41 88 93Kurtz, Tom W ., Oklahoma State Board of Public Accountancy................ 41 189 203Lacquement, Fred, Industrial Finance Authority........................................... 105 357 372LaCroix, Zane E., Board of Examiners for Speech Pathology and

Audiology........................................................................................................ 41 669 679Lambird, Mona, State Election Board............................................................. 325 485 487Laubach, Roger, Board of Regents for Rogers State College (1982

appointment)................................................................................................... 792 801Lentz, Lloyd, Real Estate Commission.......................................................... 815 847 848Lowe, Barbara A., State Textbook Committee.............................................. 728 737 749Lunsford, Jeannie, Indian Affairs Commission.............................................. 325 485 487Lyons, Mrs. Jerry Daniel, Board of Regents for Rogers State College..... 41 88 93Martin, Frank Maurice, Fire Marshal Commission....................................... 815 848 848Martin, Dr. John, State Board of Vocational and Technical Education..... 311 507 533Martin, John B., Jr., Real Estate Commission.............................................. 815 848 848Martin, Lee, State Board of Mental Health................................................... 773 792 801

1026 General Index

McBride, Roxie Ann, State Textbook Committee........................................ 261 459 469McCarty, Jack De, Oklahoma State Bureau of Investigation....................... 41 190 203McCullough, Robert D., II, State Board of Health....................................... 703 759 767McCurdy, Jack, State Credit Union Board..................................................... 621 737 767McElderry, Betty, State Election B oard......................................................... 501 577 622McGahey, Jack, Used Motor Vehicle and Parts Commission..................... 255 485 487McKown, Gene, Economic Development Commission................................ 41 285 295Michael, Glenn E., Grand River Dam Authority.......................................... 519 633 679Mitchell, Delores O., Oklahoma Horse Racing Commission....................... 94 711 724Moore, Joyce, Board of Licensed Social Workers........................................ 41 88 93Moore, Linda, State Textbook Committee..................................................... 41Naifeh, Jack E., War Veterans Commission.................................................. 41 190 203Nelson, Dr. Robert H., Board of Examiners for Speech Pathology and

Audiology........................................................................................................ 41 507 533Newlin, Becky, Board of Regents of Western Oklahoma State College .... 791 834 848Oakley, David, Used Motor Vehicle and Parts Commission....................... 41 190 203Ousley, Scott, Board of Regents for University of Science and Arts of

Oklahoma........................................................................................................ 41 131 135Parker, Bertha, State Transportation Commission........................................ 477 507 533Parker, Rev. W .B., Human Rights Commission (disapproved)................... 41 114Paulk, William R., Commissioner, State Department of Labor................... 621 737 767Phillips, LaVem, State Arts Council of O klôm a....................................... 41 113 123Pierceall, Carl, Oklahoma Wildlife Conservation Commission................... 94 190 203Porter, Gary, Board of Nursing Homes.......................................................... 773 802 832Reed, Paul W ., Jr., Commissioner, Department of Public Safety............... 773 802 832Reynolds, Don S., Board of Regents of Oscar Rose Junior College........... 255 507 533Richardson, G.K., State Mining Board.......................................................... 41 131 135Rodgers, Bill, Jr., Board of Regents of Northern Oklahoma College........ 41 113 123Routh, Darrell, Police Pension and Retirement Board.................................. 94 357 372Ruhl, Johnnie R., Board of Regents of El Reno Junior College.................. 41 88 93Russworm, Kenneth, Oklahoma Horse Racing Commission....................... 277 712 724Salazar, Marcus, State Library Department................................................... 41 88 93Sample, Grant, Employment Security Commission...................................... 773 834 848Sapp, J.D ., Real Estate Commission (to 7/1/83)........................................... 41 131 135

(new term 7/1/83 - 7/1/86)............................................................................ 825 848 848Sarratt, Charles, Board of Regents of the University of Oklahoma............ 447 543 553Satterlee, Gloria, State Textbook Committee................................................. 119 267 277Sauls, J. Fred, State Board of Registration for Engineers and Land

Surveyors......................................................................................................... 815 848 848Scheirman, Karen, State Board of Electrology.............................................. 41 132 135Scott, Juanita Tiger, Indian Affairs Commission.......................................... 477 669 679Simonds, Mary E., State Textbook Committee............................................. 703 738 749Smart, Jearl, Board of Nursing H om es.......................................................... 791 802 832Smith, Carol Windham, State Arts Council of Oklahoma........................... 41 114 123Smith, Doris, State Arts Council of Oklahoma.............................................. 41 203 203Smith, Herman, Board of Registration for Professional Engineers and

Land Surveyors.............................................................................................. 41 132 135Smith, Virgil, State Mining Board.................................................................. 815 848 848Sokolosky, D.M. “ Soc” , Board of Regents of Rogers State College........ 277 543 553

General Index 1027

Spears, Randall, Alcoholic Beverage Control Board..... .............................. 41 544 553Spindle, Davie C., Board of Regents of Eastern Oklahoma State College . 41 114 123Sturgeon, Dr. Edward E., Board of Registration for Foresters.................... 105 508 533Suttle, Steven S., Oklahoma Bureau of Investigation Commission............ 325 459 469Temple, Earl Mahon, Oklahoma Horse Racing Commission (not referred

to committee — disapproved)...................................................................... 114Thomas, Anthony C., DVM, Veterinary Medical Examiners Board........... 791 834 848Walker, Earl, Water Resources B oard........................................................... 41 88 93Warner, Mary, Board of Public Affairs............................................................ 119 326 359Watkins, Ronald E., Board of Regents for Rogers State College............... 94 357 372Wells, Kenneth Larry, Alcoholic Beverage Control Board.......................... 413 577 622Williams, Carol, Controlled Industrial Waste Management Council........... 41 577 622Williams, J.O ., Polygraph Examiners Board................................................ 325 485 487Williams, James O., Air Quality Control Council.......................................... 678 759 767Woolery, Richard, Board of Regents of Tulsa Junior College (to 6/30/83) 193 508 533

(new term from 6/30/83 to 6/30/90)............................................................. 728 834 848Wright, Clare B., State Board of Education.................................................... 477 544 553Young, Stanton L., State Transportation Commission.................................... 101 203 203Young, Tommy Ray, Oklahoma Horse Racing Commission......................... 141 728 741

FORD, John Reed, introduced FORD, Mrs. Pat, introduced ..

5196

GARRETT, Ken, presented citation ................................................................................... 202GENERAL CONFERENCE COMMITTEE ON APPROPRIATIONS see

COMMITTEESGOVERNOR GEORGE NIGH

Addressed Joint Session .................................................................................................... 59Inauguration ........................................................................................................................ 75Introduced Don Jones, National President of the Jaycees ............................................ 503Introduced the Governor and Lieutenant Governor of Girls State .............................. 749

GREGORY, Karen, Jessica, Eric and Kelly, introduced.................................................. 358GROOS, Hartmut, West Germany, introduced .................................................................... 728

HHAGGARD, Tripp, introduced ........................................................................................... 503HALL, Mrs. J.R ., Jr. and family, presented SR 7 .......................................................... 201HANSON, Max, presented citation ...................................................................................... 202HART, U.S. Senator Gary, Colorado, addressed Senate ................................................ 727HAYES, Lindsey Sommer, introduced ............................................................................... 193HOWARD, Gary, presented citation .................................................................................. 202

1028 General Index

IINAUGURATION program ................................................................................................. 75

JOINT CONFERENCE COMMITTEES see COMMITTEES JOINT RULES see RULESJOINT SESSION ...........................................................................JONES, Don, addressed Senate .....................................................

42503

KKERR, Mrs. Donna, presented citation ............................................................................. 792KIHARA, Dr. Nobutoshi, addressed Senate ..................................................................... 740KINNEY, Risa, presented citation ......................................................................................792

LANDIS, Mrs. Blanche, introduced ................................................................................... 73LAUGHLIN, Everett, introduced ....................................................................................... 716LEE, Hyunah, presented citation ...........................................................................................769LEE, Vivian S., presented citation ...................................................................................... 769LEONARD, Nancy, Ryan and Tyler, introduced .............................................................481LIEUTENANT GOVERNOR SPENCER BERNARD

Presided in Joint Session .................................................................................................. 42Presided in Senate .......................................................................... 1; 67; 69; 401; 740; 781

LIGHT, General Jim, introduced ...........................................................................................783LIVELY, Cory, introduced ................................................................................................... 312LOBBYIST REGISTRATIONSAllbaugh, Jay H., Oklahoma Cable Television Association ........................................... 71Amini, Gordon Cyrus, First Life Assurance Company ................................................... 36Anderson, Paul William, Automotive Wholesalers of Oklahoma ................................... 36Ardoin, Kenneth A., Pfizer, Inc........................................................................................... 36Atkinson, Gwen G., Liberty National Bank and Trust Company ................................... 36Baggett, Bryce A., Oklahoma Consumer Finance Association ....................................... 294Baldridge, Henry, Oklahoma State Council of Carpenters .............................................. 36Bassett, Harold L. (Hal), Manufactured Housing Association of Oklahoma ................ 92Bazhaw, Lana Jo, United Teaching Profession of Oklahoma City;

resigned ..................................................................................................................... 103; 799Bell, Eugene G., MAPCO, Inc............................................................................................. 86Bensinger, Cheryl Leah, Oklahoma Education Association ............................................. 36Berry, Bobby Dean, Oklahoma Dental Association ......................................................... 108Binning, Gene H., Gene H. Binning Co., Inc.; Trane Company ................................... 36Birchfield, Del D., Committee for Better Legal Services ............................................... 36

General Index 1029

Birdwell, Harry Wayne, Oklahoma Association of Electric Cooperatives .................... 36Blackstock, Ben, OUahoma Press Association ................................................................. 118Blair, Rome J., Kansas City Southern Lines ..................................................................... 36Blank, J. Diane, Norman Public Schools .......................................................................... I l lBlankenship, Jap W., United Parcel Service, Inc.............................................................. 36Bonds, W. Kenneth, Liberty National Bank and Trust Company .................................. 36Brainard, Lawrence K., Oklahoma Oil Marketers Association ....................................... 36Branch, Michael Arthur, Mustang Fuel Corporation and Financial Institutions ............ 36Brandenburg, Robert Lee, Consulting Engineers Council of Oklahoma ........................ 36Briscoe, James E., Helena State School Committee; Independent Bankers

Association of Oklahoma ................................................................................................. 36Brooks, Mary J., Texaco, U.S.A.; resigned; Panhandle Eastern

Corporation .................................................................................................................. 36; 832Buford, Norma Jean, Public Service Company of Oklahoma ........................................ 36Bunch, Louis M., Oklahoma State Firefighters Association ........................................... 36Bums, Jack G., Oklahoma Trial Lawyers Association .................................................... 36Calame, Gene D., Globe Life and Accident Insurance Company .................................. 36Carnes, Larry D., Southwest Oklahoma Adolescent Addiction Rehabilitation

Ranch, Inc.; Orange Quarters Life Improvement Center (Methadone);Oklahoma Association of Substance Abuse Professionals ........................................... 36

Chapman, Terry Don, Livestock Marketing Association ................................................ 266Cheek, J.D ., Oklahoma State Nursing Home Association .............................................. 36Clark, E. Joe, Brotherhood of Maintenance of Way Employees .................................... 36Clark, James D. (Jay), Del City Chamber of Commerce ................................................ 36Colbert, J.D ., Southwestern Bell Telephone Company ................................................... 36Coleman, Mary Ann, Manufactured Housing Association of Oklahoma;

resigned ........................................................................................................................ 92; 863Collins, M .L., Lane and Associates, Inc............................................................................ 192Conner, John O’Melia, Oklahoma Automobile Dealers Association;

Oklahoma City Motor Car Dealers Association ........................................................... 36Cravens, Leo Wayne, Oklahoma State Home Builders Association ............................... 37Crow, Herschal H., Association of Concerned Professional Psychologists;

Oklahoma Optometric Association; Oklahoma ChiropracticAssociation .......................................................................................................... 71; 106; 324

Crowson, Michael B., Distilled Spirits Council of U.S., Inc........................................... 192Cmtcher, Bill J., Oklahoma Bankers Association ........................................................... 37Cupp, Ronn W ., Oklahoma State Chamber of Commerce .............................................. 37Damron, Gerald R., Oklahoma State Association of Health Underwriters .................... 37Dank, David M., Oklahoma Retail Merchants Association ............................................ 37Dembowski, James Michael, Public Service Company of Oklahoma ............................ 37Derryberry, Larry, American Insurance Association; Gallo Wineries;

Associated Individual Oklahoma Horse Breeders ......................................................... 266Dietrich, Allen, Oklahoma Farm Bureau .......................................................................... 37Dillard, Jack Kelly, Tenneco, Inc........................................................................................ 37Donner, John D., Oklahoma Pharmaceutical Association ............................................... 37Doublin, Gary D., Oklahoma Association of Realtors ..................................................... 37Duncan, William M., Association of Domestic Fire and Casualty Insurance

Companies of Oklahoma .................................................................................................. 71Dunn, Vernon, Oklahoma State Nursing Home Association ........................................... 192

1030 General Index

Eidson, Billy Clay, Plumbers and Pipefitters Local Union No. 205 .............................. 37Eisel, Joyce M., Oklahoma Blood Institute ...................................................................... 37Farha, James T., Standard Life and Accident Insurance Company ................................ 37Ferrell, Jack Dale, Oklahoma Metro Chamber of Commerce; resigned .................. 37; 468Fleischaker, Pam, Planned Parenthood Association of Oklahoma City .......................... 400Fleming, J.D ., Oklahoma Farmers Union ......................................................................... 37Fletcher, George Russell, Oklahoma Farm Bureau; Oklahoma Farm Bureau Mutual

Insurance Company ........................................................................................................... 37Foster, Rebecca Ann, Independent Bankers Association of Oklahoma .......................... 37Fox, Norman G., United Auto Workers, Local 1999 ...................................................... 92Franke, Wayne T., General Telephone Company of the Southwest............................... 37Freeman, E. Ross, Texaco, U .S.A....................................................................................... 74Funnell, Roberta Ann, Oklahoma People’s Lobby ........................................................... 74Gardner, Harvey C., Oklahoma Gasohol, Inc.; Travelers Construction Company;

Southern Missouri Company ............................................................................................ 37Garrett, Jick Duane, Tulsa Public Schools ........................................................................ 37Garrett, Stephen Paul, American Fidelity Corporation; American Fidelity

Assurance; American Fidelity Insurance; North American InsuranceAgency, Inc.......................................................................................................................... 92

Garrison, Denzil D., Phillips Petroleum Company .......................................................... 37Georgeson, Stephen P., Sears, Roebuck and Company ................................................... 37Gibson, Claudia Marie, National Organization for Women ............................................. 92Gilligan, James John, Oklahoma Vietnam Veterans ......................................................... 275Gipson, Fred, Mobil Oil Corporation; Marion Laboratories ........................................... 118Grogan, Michael C., Miller Brewing Company ................................................................ 126Groom, Matthew D., National Association of Federal Retirees ...................................... 37Hain, Mark Henry, American First Corporation; First Life Assurance Company ........ 37Hales, Ellsworth Henry, Tulsa Public Schools ................................................................ 37Hall, Marquita E., Communications Workers of America .............................................. 103Hall, Patrick James, Oklahoma Public Employees Association ...................................... 37Hampton, Joe Neal, Oklahoma Grain and Feed Association; Oklahoma Seedsmen’s

Association ......................................................................................................................... 37Hargis, V. Bums, Allstate Insurance Company ................................................................ 37Harris, Allen, Bonita Hoeme; Wellhead Gas ^rchasers Committee of the

Texas County Irrigation Association ............................................................................... 244Harris, Robert E ., Oklahoma Bankers Association .......................................................... 37Harrison, Bill, Oklahoma Vocational Association; Oklahoma Vocational Technical

Education Council, Inc....................................................................................................... 37Hemry, Jerry L., Oklahoma Mortgage Banker’s Association.......................................... 37Hicks, Johnny Gilbert, National Electrical Contractors Association, Inc......................... 74Hicks, Robert L., Oklahoma Gas and Electric Company; resigned ........................ 74; 531Hodges, Joe Neal, Cities Service Company ........................................................................ 74Housh, Jim Bill, Oklahoma Association of Realtors ....................................................... I l lHollander, Robert G. (Bob), Oklahoma State Firefighters Association .......................... 37Howard, Leonard Richards, Blue Cross and Blue Shield of Oklahoma ........................ 37Huddleston, Charles G., Oklahoma Farm Bureau ........................................................... 37Hughes, William L., M .D., Oklahoma State Medical Association ................................ 37Hunt, David D., Capitol Hill Funeral Home, Inc.; Hahn-Cook Funeral Home, Inc.;

Resthaven Memory Gardens of Oklahoma City Trust; Funeral Service, Inc............... 37

General Index 1031

Hutchinson, Ben, Eastern Oklahoma Building and Construction Trade Council........... 370Ingraham, Sandra Jo, Oklahoma Coalition for Fair Block Grants .................................. 37Isch, Jack, Oklahoma City Public Schools, District 1-89 ................................................ 37Jaeger, R. Bodean, National Association of Retired Federal Employees ....................... 37Jameson, Richard L., Oklahoma Wildlife Federation ...................................................... 37Jarrell, Jimmie Lowell, Oklahoma Farmers Union .......................................................... 37Johns, Jerry F., Southwestern Insurance Information Service ........................................ 37Johnson, Arthur Dee, Laborers’ International Union Local #1357 ............................... 37Johnson, David W ., Texaco, U .S.A.; resigned ......................................................... 74; 756Johnson, Joe F., Oklahoma State AFL-CIO ..................................................................... 37Johnston, Charles W., Oklahoma Hospital Association................................................... 37Jones, Bob E., Oklahoma Osteopathic Association .......................................................... 38Kautz, James Patrick, Oklahoma School Employees Union 1357 .................................. 38Keleher, T .H., Household International ............................................................................. 38Kelley, Steven Russell, Oklahoma Independent Petroleum Association ........................ 38Kelsey, Lyle Reed, Oklahoma State Medical Association .............................................. 38Ketchum, Michael L., Monsanto Company ...................................................................... 38Kiesling, Donald F., Fort Howard Paper Company ......................................................... 38King, Bruce Eugene, Communications Workers of America Local #6016 ................... 86Kubier, Julius E., Associated Industries of Oklahoma, Inc.............................................. 74Kyle, John P., Associated Motor Carriers of Oklahoma, Inc.; Oklahoma

Good Roads and Streets Association .............................................................................. 71LaMar, Carolyn Celia, League of Women Voters of Oklahoma .................................... 38Landrum, Robin D., Oklahoma Farm Bureau .................................................................. 38Larsen, Joyce G., Tulsa Classroom Teachers Association .............................................. 38Lehew, Max L., Southwestern Bell Telephone Company ............................................... 38Long, Curtis M., ONEOK, Inc............................................................................................. 38Long, Noel G., Oklahoma Society of Professional Engineers ........................................ 38Loosley, Edwin Clark, Conoco, Inc..................................................................................... 38Lowrey, Robert Wayne, Professional Insurance Agents .................................................. 38Marcus, Stephanie, Enserch Corporation .......................................................................... 38Martin, David R., First National Bank and Tmst Company of Oklahoma City ........... 270Matthews, Paul William, Highway Users Federation ...................................................... 38Mayes, Luther E., American Association of Retired Persons ........................................ 38Mayfield, Leo C., Cooperative Council of Oklahoma School Adminstrators ............... 103McCartney, Gayle Estelle, Automotive Wholesalers of Oklahoma ................................ 38McFall, Kenneth R., Oklahoma Farm Bureau .................................................................. 38McGrigg, Charles E., Wine Institute ................................................................................. 283McKeown, James Peter, Independent Bankers Association of Oklahoma ..................... 38McKinney, Rick L., Associated General Contractors of America, Inc............................ 38McMullen, Alfred H., General Motors Corporation ......................................................... 38McNally, Kathleen Marie, Oklahoma Farm Bureau ......................................................... 38McQuay, Mary, Oklahoma Common Cause; resigned; Dr. Bums,

Dr. Hamilton and Reproductive Services ............................................................... 38; 568McSpadden, Clem R., Oklahoma Mining and Reclamation Association;

Oklahoma Room and Board Association; Oklahoma Troopers Association;Motion Picture Association of America; Glass Packaging Institute;Commercial Business Equipment ............................................................................. 38; 632

Meredith, Theodore H. “ Ted” , Georgia-Pacific Corporation; resigned ................. 38; 198

1032 General Index

Miller, Ronald H., Pekin Energy Company ...................................................................... 74Mills, Gerald R., Texaco, U .S.A....................................................................................... 38Mills, James Edward, Thunderbird Bankers for a Better Oklahoma; Thunderbird

Financial Corporation ....................................................................................................... 38Millstein, Steven A., American Bell, Inc............................................................................ 468Mitchell, Dudley L., Associated Builders and Contractors of Oklahoma, Inc................ 38Mitchell, Marcial Y., Capitol Hill Funeral Home, Inc.; Hahn-Cook Funeral

Home, Inc.; Resthaven Memory Gardens of OklahomaCity Trust ............................................................................................................................ 38

Moore, Frank, Oklahoma Farm Bureau ............................................................................... 38Moore, Karen L., Central Oklahoma Association for Deaf and Hearing

Impaired; resigned ........................................................................................................ 71; 98Moore, Verne D., Farmers Alliance Mutual Insurance Company .................................. 38Morgan, James Odell, Oklahoma Wrecker Owners Association .................................... 74Morgan, Richard L., Getty Oil Company ......................................................................... 38Morrison, Charles R., Sears, Roebuck and Company ...................................................... 38Moseley, Dixie Lee, Oklahoma Credit Union League ..................................................... 38Moyer, Marilyn J., First National Bank and Trust Company of Tulsa, Oklahoma ..... 411Moyer, William A., Oklahoma Municipal League .......................................................... 38Mulkey, Jack E., Edmond Chamber of Commerce; Edmond Industrial Development

Authority; Arcadia Lake Association ............................................................................. 38Mullings, J. Mike, Disabled American Veterans Chapter 74 .......................................... 38Murphy, Harold D., National Association of Retired Federal Employees .................... 38Murphy, Thomas C., Fort Howard Paper Company; resigned ................................ 38; 568Nagel, Bruce W., Fort Howard Paper Company .............................................................. 38Nance, Isham Claud, National Association of Letter Carriers, Branch 458;

American Association of Retired Persons; National Association of RetiredFederal Employees ............................................................................................................. 38

Nichols, F. Leigh, Motor Vehicle Manufacturers Association ....................................... 71Norton, Charles E. “ Chalk” , Professional Firefighters of Oklahoma

AFL-CIO/CLC .................................................................................................................... 38Oliver, Ira T., Oklahoma Society of Professional Engineers .......................................... 38Oscarson, Eric Allen, Employers Unity, Inc....................................................................... 39Owen, Charles Alan, Oklahoma Municipal Police Officers Association ....................... 39Paddleford, James H., State Farm Insurance Companies ................................................. 39Paden, Lee W., Public Service Company of Oklahoma .................................................. 39Pankhurst, Cecil S., American Agriculture Movement of Oklahoma ............................ 140Park, David Olen, Oklahoma Independent Auto Dealers Association ........................... 39Parker, Shirley K., United Auto Workers, Local 1999 ................................................... 39Parrish, Richard E., Mobil Oil Corporation; Marion Laboratories ................................ 118Payne, Gary, Alliance of American Insurers ..................................................................... 294Peterka, Calvin O., Air Transport Association; American Airlines, Inc.......................... 39Pippin, Tra C., Automotive '\ôlesalers of Oklahoma; Automotive Service

Industries Association ....................................................................................................... 39Pitts, Marc Randall, United Gas Pipe Line Company ...................................................... 39Pitts, William O., Mid-Continent Oil and Gas Association, Okla.-Kansas

Oil and Gas Div................................................................................................................... 39Plummer, H. Wayne, Weyerhaeuser Company ................................................................. 39Porcaro, Edward Thomas, Metropolitan Life Insurance Company ................................ 39

General Index 1033

Price, James H., Metropolitan Tulsa Chamber of Commerce ........................................ 39Pringle, Laura Nan, Oklahoma Bankers Association ....................................................... 39Pugh, Roger Darrell, National Federation of Independent Business ............................... 39Pyron, Rob L., Oklahoma State Nursing Home Association .......................................... 39Reese, Timothy S., National Federation of Independent Business;

resigned ........................................................................................................................ 39; 763Reid, James Anderson, Oklahoma Association of Independent Colleges

and Universities ................................................................................................................ 39Reynolds, Marvin L., Oklahoma Association of Christian Schools ............................... 74Reynolds, William A., Tobacco Institute; Oklahoma Retail Tobacco

Dealers Association .................................................................................................... 39; 468Rhodes, Horace G., Association of Oklahoma Life Insurance Companies ................... 39Rider, Donald Clarence, Oklahoma Municipal League ................................................... 39Rinehart, William Galeard, Gulf Oil Corporation ............................................................. 39Robertson, Dan R., Atlantic Richfield Company ............................................................. 122Robison, Vince, Associated Motor Carriers of Oklahoma, Inc........................................ 71Roscher, Elden G., Oklahoma Retail Grocers Association .............................................. 39Rowten, Michael J., Kerr-McGee Corporation ................................................................. 173Rowton, Charles Henry, Exxon, U.S.A.............................................................................. 39Ruth, Ken, Committee for Better Legal and Banking Services, Inc................................ 95Sala, Kenneth E., Legislative Task Force of Senior Citizens Groups ............................ 39Savage, Ann S., League of Women Voters of Oklahoma ............................................... 39Schaefer, Margaret R. “ Sandy” , Oklahoma Malt Beverage Association ..................... 39Shafer, Vicki Kay, American Federal Savings and Loan ................................................ 299Schirf, Dean, Oklahoma City Chamber of Commerce ..................................................... 39Sears, Beryl F., Oklahoma Farm Bureau .......................................................................... 39Simone, Charles E., Independent Insurance Agents of Oklahoma, Inc........................... 39Singleton, John Wesley, Cities Service Company ........................................................... 74Sito, James F., Disabled American Veterans Chapter 7 4 ................................................ 39Skeith, William H. “ Bill” , Association of Oklahoma General Contractors ................. 39Sloan, Raymond Earl, Upjohn Company .......................................................................... 39Smith, Keith Blayne, National Organization for Women ................................................ 39Smith, L .L., Disabled American Veterans Chapter 74 ..................................................... 39Smith, Patsey Annette, Norrell Services, Inc...................................................................... 39Smith, Shari, Tulsa Classroom Teachers Association ...................................................... 122Smith, Virgil L. “ Fred” , Sun Company, Inc..................................................................... 39Springer, Jack G., Oklahoma State Chamber of Commerce ........................................... 39Stacy, Gaylon L., Oklahoma Lumbermen’s Association ................................................ 39Steers, James R., Texaco, U .S.A........................................................................................ 74Stewart, James, Oklahoma Farm Bureau .......................................................................... 39Stewart, Lynne, Oklahoma Education Association .......................................................... 39Stilwell, Russell L., United Mine Workers of America; resigned ..............................39; 98Stone, John L., Fort Howard Paper Company .................................................................. 39Stratton, Wayne Robert, Alliance of American Insurers .................................................. 39Stuckey, Charles Vernon, Oklahoma Society of Certified Public Accountants ............ 39Swinton, Charles Donald, Oklahomans for Modem Banking .......................................... 39Taylor, Clayton C., Phillips Petroleum Company ........................................................... 39Taylor, Wallace A., Oklahoma Pharmaceutical Association ........................................... 39Tevington, Andrew John, Oklahoma Association of Realtors ........................................ 39

1034 General Index

Thomason, M. Ruth, Oklahoma Education Association; Tulsa ClassroomTeachers Association ........................................................................................................ 40

Thompson, Charles Glen, General Driver, Chauffeurs and HelpersLocal Union 886 ............................................................................................................... 40

Thompson, Claud, Sooner Alcohol Narcotics Education ................................................ 40Thompson, Kirstin D., Philip Morris Incorporated .......................................................... 531Tippens, Terry Warren, Lona Corporation; Jerry Putnam; Lona Putnam ..................... 40Toalson, Michael L., Oklahoma League of Savings and Loan Associations ................ 40Toma, Albert H., Fort Howard Paper Company .............................................................. 40Townsend, James B., Farmers Insurance Company, Inc................................................... 40Tramuto, James A., United Energy Resources, Inc., and all subsidiaries;

resigned ........................................................................................................................ 40; 756Tuley, Jim, Oklahoma Farm Bureau .................................................................................. 40Tyner, Gene, Sierra Club .................................................................................................... 40Vahlberg, Robert J., Holderby Associates; Vahlberg Enterprises ................................... 74Vaughn, Raymond L., Oklahoma Podiatry Association .................................................. 40Waddle, Frances L, Oklahoma Nurses Association ......................................................... 40Walker, James E., Oklahoma Cable Television Association; Oklahoma

Gasohol, Inc.; Akin, Gump, Strauss, Hauer and Feld ....................................... 178; 283Wallgren, Virgil O., Oklahoma Federation of Coon Hunters; Oklahoma State

Fox and Wolf Hunters Association ................................................................................. 40Ward, Dale Talmadge, Sheet Metal Workers Local Union 270 ...................................... 40Waters, Christopher E. Bayley, Christopher Eugene Bayley Waters .............................. 40Watkins, Larry, Oklahoma Association of Electric Cooperatives ................................... 40Watson, Weldon Lee, Oklahoma Natural Gas Company ................................................. 40Wegner, Ulysses E., Oklahoma Farm Bureau .................................................................. 40Wheat, Willis J., Liberty National Bank and Trust Company ........................................ 40Wheatley, Riehard L., Bank of Oklahoma and affiliated banks...................................... 40Whitsel, Ila, Education Support Personnel of Oklahoma ................................................ 40Whittle, Stephen D., Tulsa Firefighters ............................................................................. 188Wiedemann, Anna Belle, Oklahoma Association of Conservation Districts .................. 40Williams, C. Michael, Oklahoma Horsemen’s Association ............................................ 40Williams, Ross J., Oklahoma State AFL-CIO .................................................................. 40Wilson, James E., Oklahoma Gas and Electric Company ............................................... 40Wilson, Robert G., Oklahoma Vietnam Veterans ............................................................. 283Witherspoon, John C., International Paper Company ...................................................... 40Woods, Shirley Lea, Tulsa Classroom Teachers Association .......................................... 122Woolbright, Jackie Shane, Municipal Electric Systems of Oklahoma ........................... 40Wright, Clarence J., American Legion Department of Oklahoma .................................. 40Zapanta, Albert Charles, Arco Oil and Gas ...................................................................... 492Zimmerman, Jim L., United Transportation Union .......................................................... 74LUTON, Adam Forrest, introduced .................................................................................... 543

MMALONE, Cynthia and Amber, introduced .......................................................................287MARTIN, former Senator Ernest, introduced .......................................................... 312; 774MARTON, Harry, presented citation ..................................................................................202

General Index 1035

MASSAD, former Senator Anthony, introduced ............ ............................................... 272McDo n a l d , Glenn “ T-Bone” , presented citation ........................................................ 261McSPADDEN, former Senator, Clem, introduced ...........................................................774McSPADDEN, Donna, presented citation .........................................................................774MIDWEST CITY highschool wrestling team, presented citations .................................. 508MILEAGE ALLOWANCE for members of the Senate ................................................ 7MOORE, Nesta Renea, introduced .................................................................................... 601MULLINS, General James, addressed Senate .................................................................. 783

NNAKAMURA, Dr. Tadahiko, introduced ...........................................................................740NICHOLS, Linda, introduced ............................................................................................. 180NIGH, GEORGE see GOVERNOR GEORGE NIGHNIGH, Mrs. Donna, introduced ............................................................................................ 42

OATH OF OFFICE for members of the Senate ............................................................ 1: 3OFFICERS OF THE SENATE

Amendment to Senate Rules 2-1 and 2-2 ...................................................................... 3Election of Officers ........................................................................................................... 6 ; 7

OKLAHOMA STATE UNIVERSITY basketball team, presented SR 18 ......................508ORCUTT, Bill, introduced .................................................................................................. 503

POLLOCK, Sarah, introduced ............................................................................................. 106PORTER, Joel, introduced .................................................................................................. 6PORTER, Susan and Sonya, introduced .................................................................... 427; 724POSTAGE AND SUPPLIES for members of the Senate ............................................... 8PRESIDENT PRO TEMPORE, election of .................................................................... 6

RECALLED BILLS see BILLS AND RESOLUTIONS RECESSES

March 24 to reconvene April 11 by HCR 1008 May 26 to reconvene May 31 by HCR 1017

RETIREMENT LAWS COMMITTEES see COMMITTEESRHODES, Gwen and Rachel, introduced ...........................................................................427RHODES, Mrs. Gail, introduced .................................................................................. 6 ; 427ROBERTS, Jill and Allison, introduced ............................................................................ 827ROBERTS, Mrs. Kathy, introduced ............................................................................ 73; 827

1036 General Index General Index 1037

ROBERTS, Mrs. Louise, introduced ......................................................................... 623; 827ROBY, Senator and Mrs. Tom, South Dakota, introduced ............................................. 751RODEO teams from Oklahoma highschools, presented citations ....................................677RULES Rules, Joint

Adoption of permanent rules; printed ..................................................................... 164; 165Adoption of temporary rules ........................................................................................... 42Joint Rule 17(a) — cutoff dates, exemption of

SB 296 ............................................................................................................................ 482SB 327 ............................................................................................................................ 550SB 328 ............................................................................................................................ 652SIR 29 ............................................................................................................................. 734SIR 30 ............................................................................................................................. 770HB 1179 .......................................................................................................................... 452HB 1219 ...........................................................................................................................452HB 1433 .......................................................................................................................... 755HJR 1023 ......................................................................................................................... 549HJR 1024 ........................................................................................................................ 787Measures in Appropriations Committee ............................................................. 256; 530

Joint Rule 10(g) — conferees unable to agreeSB 65 ............................................................................................................................... 835SB 204 ............................................................................................................................ 867SJR 7 .................................................................................................................................836HB 1034 ......................................................................................................................... 869HB 1079 ......................................................................................................................... 869HB 1116 ......................................................................................................................... 869HB 1129 ......................................................................................................................... 869HB 1142 ......................................................................................................................... 869HB 1187 ......................................................................................................................... 869HB 1199 ......................................................................................................................... 869HB 1257 ......................................................................................................................... 869HB 1264 ......................................................................................................................... 869HB 1368 ......................................................................................................................... 869HB 1413 ......................................................................................................................... 869

Rules, SenateAdoption of permanent rules; printed ................................................................. 142; 143Adoption of temporary rules ......................................................................................... 3Rule 2-1 (officers) amended ......................................................................................... 3Rule 2-2 (election of officers) ...................................................................................... 4Rule 7-1 (committees) amended .................................................................................. 4Rule 7-lOH (committee to report bills with crippled titles) suspended ................... 437Rule 10-2 (seating) amended ....................................................................................... 4Rule 12-16 (appropriation bill must be assigned to Appropriation

Committee) suspended ................................................................................................778Rule 12-22 (Senator designated to verify correct engrossment and enrollment

of legislation)............................................................................................................... 72Rule 12-24A (motions to reconsider to be made on same day) invoked ................ 792Rule 12-24B (motions to reconsider on 3rd reading to be disposed of by deadlines

established by Joint Rules 17(a) 5 and 17(a)7........................................ 404; 505; 6701

Rule 12-24B (motion to reconsider not permitted on same day made)suspended ......................................................................................... 116; 616; 618; 770

Rule 13-2H (debate not in order on motion to table) suspended ............................. 672Rule 14-IE (malfunction of voting machine) .............................................................436

Rulings of the ChairAmendments to substitute amendment, order of consideration o f ........................... 417Article V § 30 — adjournment due to lack of a quorum ................................. 619; 621Article V § 33 — ruling that HB 1223 was not a revenue-raising bill ................... 861Debate, motion to limit, when floor had not been yielded ....................................... 617Executive Session allowed since no rule prohibits the motion ................................. 741Rule 12-24E — motions to reconsider action to be made by Senator who

voted in majority ...................................................................................... 385; 743; 778Rule 13-1 — rulings on priority of motions ......................................................417; 418Rule 13-2 — ruling on nondebatable motions ........................................................... 418Strike a bill from the calendar, priority of motion to ...............................................417

SASKI, Dr. and Mrs. Yoshi, introduced ......................................................................... 740SCHUELEIN, Mrs. Frances, introduced ..................................................................... 6 ; 634SELECT SENATE COMMITTEE see COMMITTEESSENATE DISTRICT 2, resignation of Senator Crutcher ............................................. 2SENATE DISTRICT 37, special election results .......................................................... 1SENATE DISTRICT 54, announcement of death of Senator Cummins ..................... 2SENATE OFFICERS see OFFICERS OF THE SENATESHELTON, Mr. and Mrs. Edwin, introduced .................................................................481SLATER, Lee, elected Secretary of the Senate ............................................................... 7SMITH, Mrs. Kay, introduced .......................................................................................... 525SPECIAL CONFERENCE COMMITTEES see COMMITTEES

TAG AGENTS, confirmation o f ....................................................................................... 834TALIAFERRO, Claudia, Shane and Tanner, introduced ................................................ 704TALIAFERRO, Denise, introduced ................................................................................... 272TALIAFERRO, Mrs. Elaine, introduced ......................................................................... 6TERRILL, Todd, Renee and Tony, introduced ................................................................414THAREL, Mrs. Oma, presented SR 26 ............................................................................ 792THOMAS girl’s basketball team, presented citations ...................................................... 5 3 3ITIPPS, former Senator Tom, introduced ...........................................................................475

/ETO , list of bills vetoed ............................................................................................ xiv; xVVeto message (SB 105) ................................................................................................... 764Veto message (SB 162) ................................................................................................... 918

)F)

1038 General Index

Veto message (SB 187) .................................................................................................. 540Veto message (SB 237) .................................................................................................. 674

Override by Senate; Override by House ........................................................... 854; 867Veto message (HB 1327) ................................................................................................ 852

Override by House; Failure of override by Senate ......................................... 852; 853

wWATSON, Mrs. Mary, introduced ................................................................................... 6WRIGHT, Mrs. Linda, introduced .................................................................................... 6

YYORK, Mrs. Jo and Yancy, introduced ......................................................................... 6; 42

1039

SUBJECT INDEX TO BILLS AND RESOLUTIONS

SUBJECT INDEX CODESsmad — subject matter added (where code follows) smde — subject matter deleted (where code follows)

ABSENTEE BALLOTS (see ELECTIONS)

ABSTRACTINGAbstractors (see PROFESSIONS AND OCCUPATIONS)

ACCREDITING AGENCY, STATEOffice space to be furnished by War Veterans Commission, Agency to pay share of

utilities. SB 216 Recreating. SB 216

AD VALOREM TAX (see REVENUE AND TAXATION)

ADMINISTRATIVE PROCEDURES ACT (see STATUTES AND REPORTS)

ADOPTION (see CHILDREN)

ADVERTISINGClosing out sales, requirements. HB 1235

AERONAUTICS COMMISSION (see TRANSPORTATION, DEPARTMENT OF)

AFFAIRS, BOARD OF (see PUBLIC AFFAIRS, BOARD OF)

AGENT ORANGE (see HEALTH, DEPARTMENT OF)

AGENT ORANGE OUTREACH COMMITTEE (see HEALTH, DEPARTMENT OF)

AGING, OKLAHOMA COMMISSION ONCreating, to appoint Director of Department on Aging. SB 284

AGING, OKLAHOMA DEPARTMENT ONCreating. SB 284Director, to be appointed by Commission on Aging, annual report to Governor and

Legislature. SB 284

1040 Subject Index

Ombudsman program, long-term care, to establish. SB 284 Planning and service areas, to establish. SB 284

AGRICULTUREBrucellosis eradication program, deleting provisions requiring suspension of program if

funds exhausted. HB 1281Damage control agents, animal, authorizing to carry rifles and shotguns. HB 1346 Family Farm Security Act, creating. SB 231 Family Farm Security Fund, creating. SB 231Farm products, buyers of, from farmers, deleting exemption from security interest, with

exception. SB 121; HB 1106Grain elevators, changing from corporation to cooperative, procedures. SB 273 Grain Storage Act, definitions:

Grain dealer, adding producer cooperative. HB 1308 Lands, public, agricultural or grazing (see LAND OFFICE, COMMISSIONERS OF

THE)Liens on crops, allowing for amount due on seed, fertilizer, chemicals and application

costs. SB 102 Livestock:

Auction markets, licensing, modifying procedures and increasing fees. SB 114 Brucellosis eradication program, deleting provision requiring suspension of program if

funds exhausted. HB 1281Buyers of, from farmers and ranchers, exempting certain, (smad) HB 1106

Mammal Control Agents, certain, to be subject to Merit System. SB 193 Nursery stock growers or dealers:

Agents fee, increasing. SB 199Certificate, deleting placement on certain tag or poster. SB 199 Inspection fee, increasing. SB 199 License fee, increasing. SB 199

Pesticides:Dealers, requiring records and analytical procedures. SB 212 Definitions, adding and modifying certain. SB 212 Distribution, sale, transportation and labeling, modifying. SB 212 Registration, modifying and increasing fee. SB 212

(Residents smad) (Grain harvesters, nonresident, smde) imposition of certain use fee and taxes, limiting; (negotiations with other states encouraged, smad) HCR 1001

Seed:Coated:

Defining. SB 198 Labeling requirements. SB 198

Dealers:License fee, increasing. SB 198 Out-of-state, requiring license. SB 198

Trees:Cutting down, modifying procedures and exempting pipeline companies, (state and

political subdivisions, smad, smde, smad) (registered land surveyors and professional engineers and smad) (operators and product purchasers of oil and gas. smad, smde, smad) HB 1118

Wheat Commission Members:Appointment with advice and consent of Senate. SB 241

Subject Index 1041

AGRICULTURE, STATE BOARD OFAgents, engaged in animal damage control, authorizing to carry certain rifles and

shotguns, names of agents to Department of Public Safety. HB 1346

AGRICULTURE, DEPARTMENT OFAppropriations:

Agricultural shows. HB 1065 Brucellosis Indemnity Fund, (smad) SB 58 Completion of building, (smad) SB 69 Fire suppression tanker, (smde) SB 58 Generally. HB 1065 Peanut Pod Rot Research. HB 1065 Reductions in 1982. SB 69 Tick control. HB 1065Wheat root rot/nematode complex research. HB 1065

Beaver damage control, directing action. SR 22 Brucellosis (see AGRICULTURE)Commissioner, increasing compensation, (smad) HB 1065 Crops, growing, unharvested, not allowing liens, repealing. SB 76 Forestry Division fire protection, legislative intent to provide if funds available, (smad)

HB 1065Furniture, office, directing to purchase from state prison industry. SR 16 Fund, Agriculture Revolving, sale of supplies, rodent bait, furs, skins and specimens,

funds to be deposited, (smad) HB 1065 Gasohol producers registered with to continue to receive tax exemption. SB 12 Liens on growing, unharvested crops, not allowing, repealing. SB 76 Prison industry, state, directing to purchase office furniture from. SR 16 Wilderness land in Oklahoma, requesting to prevent sale. SR 15

ALCOHOL ABUSE (see MENTAL HEALTH)

ALCOHOL OR ALCOHOLIC BEVERAGES (see INTOXICATING LIQUORS)

ALCOHOL AND DRUG PREVENTION, TRAINING, TREATMENT AND REHABILITATION AUTHORITY (see MENTAL HEALTH)

ALCOHOLIC BEVERAGE CONTROL BOARDAppropriations:

Generally. SB 57 Reductions in 1982. SB 69

Director:Director, Assistant Director and certain agents and inspectors to be peace officers.

HB 1150Salary and travel expenses, deleting, (smad, smde) SB 57

Licenses issued by Board and fees:Fees, increasing, (smad) SB 57Private club license, adding and establishing fee. (smad, smde) SB 57

Peace officers. Director, Assistant Director and certain agents and inspectors to be.HB 1150

1042 Subject Index

Private clubs, defining and authorizing Board and cities and towns to levy license fee or tax. (smad, smde) SB 57

ALCOHOLICS ANONYMOUSAlcohol and Drug Abuse Services Act, exempting, (smad) SB 163

ALIMONY PAYMENTS (see CIVIL PROCEDURE, Divorce)

AMTRAK LONE STARTrain service, urging officials to reinstate passenger service. HCR 1020

AMUSEMENTS AND SPORTSAmusement ride safety:

Inspection fees, exempting nonprofit organizations, (smad) SB 174 Statutes shall not apply to amusement parks owned and operated by nonprofit

corporations, (smde) SB 174 Basketball:

Praising Oklahoma State University team and coach for winning Big Eight Championship and outstanding year. SR 18

Praising Panhandle State University, Oklahoma, team and coaching staff for outstanding season. SR 23

Bingo (see BINGO)Horse racing:

Breeding Development Revolving Fund, Oklahoma, creating. HB 1022 (Counties smde) (Oklahoma Breeding Development Fund smad) to receive portion of

breakage and unclaimed pari-mutuel ticket funds, (smad) HB 1022 Crimes and penalties, specifying. HB 1022 Employees to be under merit system, (smad) HB 1022 Fair associations, authorizing annual race meeting. HB 1022 Fees (Licensing and fees, below)Fire safety inspections. State Fire Marshal to conduct. HB 1022 General Revenue Fund to receive portion, (smad) HB 1022 Horse Racing Act, Oklahoma, creating. HB 1022 Horse Racing Advisory Council, Oklahoma, creating. HB 1022 Horse Racing Commission, Oklahoma:

Appropriations:Generally. HB 1370Appropriation, apportionment of revenues. HB 1296

Counsel, private, allowing to engage, (smad) HB 1022 Executive secretary, authorizing. HB 1022Membership provisions, procedures, qualifications, power and duties, modifying.

HB 1022Nominees to be investigated by Oklahoma State Bureau of Investigation, allowing,

(smad, smde) HB 1160Oklahoma State Bureau of Investigation can investigate nominee upon request of chair

man of certain Senate committee, (smde, smad) SB 101 Per diem and travel, allowing. HB 1370 Revolving Fund:

Creating. HB 1022Deposit of money in Fund, modifying, (smad) HB 1296

Subject Index 1043

Licensing and fees, occupation and organization, authorizing. HB 1022Minors, under act, to be under 21. (smad, smde) HB 1022Officials, race meeting, authorizing. HB 1022OSBI, Racing Enforcement Unit, creating, (smad, smde) HB 1022Pari-mutuel:

Breakage and unclaimed ticket procedures, modifying. HB 1022 Elections, horse racing, procedures. HB 1028 Legislation, extending time to enact. SB 59 Taxes, modifying. HB 1022 Wagering procedures, authorizing. HB 1022

Taxes:Admission, specifying distribution. HB 1022 Pari-mutuel, modifying. HB 1022

Liability and negligence of businesses to customers, deleting exemption (concerning personal injury, smad) SB 98

“ M l-tab ” or “ rip-off” games (see BINGO)Rides, amusement:

Inspection fees, safety, exempting nonprofit organizations, (smad) SB 174 Safety statutes not applicable to amusement parks owned and operated by nonprofit

organizations, (smde) SB 174 “ Rip-off” or “ pull-tab” games (see BINGO)Video games obscene, prohibiting. HB 1035

ANATOMICAL GIFT ACTCorneal tissue, permitting donations by next of kin. SB 236 Eye donations:

Allowing revocation only by donor. SB 236Requiring certain personnel to ascertain if deceased is donor, exception,

limiting liability. SB 236Motor vehicle driver’s, operator’s and chauffeur’s licenses, modifying notation on, and

establishing provision of information (by tag agents smde) to donors. HB 1278

APPEALS, COURT OF (See COURTS)

APPROPRIATIONSACOG/Garber-Wellington Association, (smad) HB 1085 Aeronautics Commission, Oklahoma. SB 52 Agencies, various state:

Reductions in 1982. SB 69 Specified special projects. SB 58

Agriculture, Department of:Agriculture Building (see Public Affairs, Board of)Agricultural shows. HB 1065Brucellosis Indemnity Fund (smad) SB 58Completion of building, (smad) SB 69Fire protection program. HB 1065Fire suppression tanker, (smde) SB 58Generally. HB 1065Peanut Pod Rot Research. HB 1065

1044 Subject Index

Reductions in 1982. SB 69 Tick control. HB 1065Wheat root rot/nematode complex research. HB 1065

Alcohol treatment and prevention programs:Alcohol Services Revolving Fund. SB 47Alcohol Prevention, Training, Treatment and Rehabilitation Authority. SB 47.

Alcoholic Beverage Control Board:Generally. SB 57 Reductions in 1982. SB 69

Appeals, Court of (see Courts)Alts Council of Oklahoma, State:

Community Arts Program. HB 1056 Generally. HB 1056 Reductions in 1982. SB 69

Attorney General:District Attorneys, offices of. HB 1052 District Attorneys Training Coordination Council. HB 1052 Generally. HB 1045 Legal interns. HB 1052 Reductions in 1982. SB 69 Reductions in 1982, legislative intent. SCR 1

Auditor and Inspector, Office of State:Generally. SB 25Reductions in 1982. SB 69Reductions in 1982. legislative intent. SCR 1Tax Review, Court of (see Courts)

Ballot titles, legal publication. SB 23 Banking Department, Office of the:


Block Grants:Agencies, various (smde) HB 1328

Budget Office (Finance, Office of the Director of State, below)Capital improvements. SB 31; SB 58 Capitol buildings, maintenance. HB 1050 Capitol cafeterias. HB 1050Capitol Cafeteria Revolving Fund, reductions in 1982. (smde) SB 69 Capitol Improvement Authority:

Deferment of rent increase, (smad) SB 58 Generally. SB 27 Reductions in 1982. SB 69 Walkway, (smde) SB 58

Capitol Information Center. HB 1050 Capitol-Medical Center Zoning Commission. HB 1050 Carl Albert Community Mental Health Center, reappropriation, (smad) SB 58 Central purchasing activity of counties, funding. HB 1050 Central State Griffin Memorial Hospital, reappropriations, (smad) SB 58 Chemical tests. Board of Tests for Alcohol and Drug Influence. SB 54 Child Guidance Services. HB 1067

Subject Index 1045

Children and Youth, Oklahoma Commission on:Generally. HB 1070 Reductions in 1982. .SB 69

Civil Defense, Office of:Disaster relief Hughes County, (smad) SB 58 Generally. HB 1078 Reductions in 1982. SB 69

Community Action Programs. HB 1085 Community arts program. HB 1056 Community development. HB 1085 Community mental health nonprofit organizations. SB 47 Community Physician Education Scholarship Fund. SB 32Community Preceptor Physician Training and Work Experience Scholarship Fund. SB 32 Conservation Commission, Oklahoma:


Consumer Credit, Commission On:Generally. HB 1059 Reductions in 1982. SB 69

Corporation Commission:Generally. HB 1066 Reductions in 1982. SB 69

Corrections, Department of:Boley correctional facility, (smad) HB 1074 Generally. HB 1074 Reappropriations, (smad) SB 58 Reductions in 1982. SB 69 Specific projects. SB 58; HB 1074 (smad)

County Government Personnel Education and Training, Commission on. (smad) HB 1085County Officer Training Program, (smde) HB 1085County Road Machinery and Equipment Revolving Fund. SB 52County Sheriff’s Fund. SB 164Courts:

Appeals, Court of, generally. HB 1048 Criminal Appeals, Court of:

Generally. HB 1049 Reductions in 1982. SB 69

District Courts, Office of:Generally. HB 1046 Reductions in 1982. SB 69

Judiciary, Court on the, generally. HB 1048 Supreme Court:

Court information system, (smad) SB 58 Generally. HB 1048 Reductions in 1982. SB 69

Tax Review, Court of, generally. SB 25Workers’ Compensation Court (see Workers’ Compensation Court, below)

Crime Victims Compensation Board. HB 1052 Criminal Appeals, Court of. (see Courts)

1046 Subject Index

Criminal Justice, Center for:Generally. HB 1054 Reductions in 1982. SB 69

Data Center, State. HB 1085 Davis, J.M ., Memorial Commission:


District Attorneys, Offices of:Generally. HB 1052 Reductions in 1982. (smad) SB 69

District Attorneys Training Coordination Council. HB 1052 District Courts, Office of (see Courts)Domestic violence, victims, shelter programs. SB 47 Drug Treatment and Rehabilitation Authority. SB 47 Eastern State Hospital, reappropriations, (smad) SB 58 Economic and Community Affairs, Department of:

Community Development Block Grant Services, (smde) HB 1328 Community Services Block Grant Services, (smde) HB 1328 Generally. HB 1085 Reductions in 1982. SB 69 Specific projects, (smad) SB 58

Economic Development, Department of:Generally. SB 45 Reductions in 1982. SB 69

Education, State Board of:Child Service Demonstration Center. HB 1179 Generally. HB 1179Mobile classrooms and transport. HB 1179 Reductions in 1982. SB 69 Regional Education Service Centers. HB 1179 State aid, supplemental. SB 328 Stipends for teachers, (smad) SB 69

Education, State Department of Education Block Grant Services, (smde) HB 1328 Educational Television Authority, Oklahoma:


Election Board, Secretary of the State:Generally. SB 30 Reductions in 1982. SB 69

Emotional assistance to parents upon death of child. HB 1067 Equalization, Board of:

Generally, (smde) SB 24 Reductions in 1982. (smde, smad) SB 69

Ethics and Merit Commission:Generally. SB 29Reductions in 1982. (smde, smad) SB 69

Family Practice and Community Medicine and Dentistry. SB 32 Finance, Office of the Director of State:

Financial Information System, Oklahoma, design and implementation, (smad, smde) SB 22

Subject Index 1047


Financial Information System, Oklahoma, design and implementation, (smad, smde) SB 22

Firefighters Pension and Retirement Board, Oklahoma, generally. HB 1091 Fire Marshal, State:


Fire Protection Personnel Standards and Education, Commission on:Generally. HB 1064 Reductions in 1982. SB 69

Foster Care Review Boards, Local. HB 1048 Foster Grandparent Program. HB 1085 Governor:

Generally. SB 20 Reductions in 1982. SB 69 Reductions in 1982, legislative intent. SCR 1

Governor’s Conference, National. SB 22 Grant-In-Aid Clearinghouse, State. HB 1085 Handicapped Concerns, Office of:


Health and Life Insurance Board, major medical deduction, (smad, smde) SB 69 Health, Department of:

Construction. SB 58 Generally. HB 1067Maternal and Child Health Block Grant Services, (smde) HB 1328 Preventive Health Block Grant Services, (smde) HB 1328 Reductions in 1982. SB 69

Health Planning Commission, Oklahoma:Generally. SB 49 Reductions in 1982. SB 69

Higher Education, Regents for:Campus master plans. SB 58 Capital improvements, (smad) SB 31 Emergency Building Fund, (smad) SB 58 Generally. SB 31Pharmacy building at Health Sciences Center, (smad) SB 31 Reappropriation, (smad) SB 31 Reductions in 1982. SB 69 Tuition Aid Grants, reappropriation, (smad) SB 31

Highway Construction and Maintenance Fund. SB 52 Historical Society, Oklahoma:


Horse Racing Commission, Oklahoma. HB 1296; HB 1370 Hospitals, Oklahoma Teaching. SB 46 House of Representatives:


1048 Subject Index

Reductions in 1982, legislative intent. SCR 1 Sessions laws, (smad) SB 58

Hudson, Margaret, Program for School Age Parents. HB 1067 Human Rights Commission:


Human Services, Department of:Employer contributions to Oklahoma Public Employees Retirement System, (smad) HB

1091Energy Assistance Block Grant Services, Low Income, (smde) HB 1328Generally. SB 46Liability insurance. SB 46Mentally retarded institutions, (smad) SB 58Outpatient medical care, (smad) SB 46Reductions in 1982. (smde) SB 69Social Services Block Grant Services, (smde) HB 1328Supplemental. SB 24 (smad); SB 69 (smad, smde)

Indian Affairs Commission, Oklahoma:Generally. SB 51 Reductions in 1982. SB 69

Information Systems Planning Agency. SB 65 (smad); SB 282 (smad, smde); SB 305 (smad, smde); HB 1397

In-Home Community Base Care Program for the Aging. HB 1067 Insurance Commissioner, Office of the:

Generally. HB 1060 Reductions in 1982. (smad) SB 69

Interagency Mailing System. HB 1050Internship and residency cost sharing programs, physicians. SB 32 Investigation, Oklahoma State Bureau of:

Automobiles. SB 53 Evidence. SB 53 Generally. SB 53 Reductions in 1982. SB 69 Reward Fund, Oklahoma, (smad) SB 53 Vehicle Theft Unit, (smad) SB 53

Joint Bill Processing, Office of:Generally. SB 19 Reductions in 1982. SB 69

Judicial Nominating Commission. HB 1048 Judiciary, Court on the (see Courts)Juvenile Personnel Training Program, Oklahoma University. HB 1085 Kerr Industrial Applications Center. SB 45 Labor, Department of:


Land Office, Commissioners of the:Generally. SB 33 Reductions in 1982. (smad) SB 69

Law Enforcement Education and Training, Council on:Generally. SB 56

Subject Index 1049

Reductions in 1982. SB 69Law Enforcement Retirement Board, Oklahoma. HB 1092 Legislative Compensation, Board on, travel and subsistence. SB 22 Legislative Fiscal Office:


Libraries, Department of:Generally. HB 1055 Reductions in 1982. SB 69 Renovation, (smde) SB 58

Lieutenant Governor:Generally. SB 21 Reductions in 1982. SB 69 Reductions in 1982, legislative intent. SCR 1

Liquefied Petroleum Gas Board:Generally. HB 1061 Reductions in 1982. (smad) SB 69

McCarty, J.D ., Center for Handicapped Children:Generally. HB 1069 Reductions in 1982. SB 69 Repairs and equipment, (smad) SB 58

McGee Creek Program. HB 1085 Medicolegal Investigations, Board of:


Mental Health, Department of:Alcohol, Drug Abuse and Mental Health Block Grant Services, (smde) HB 1328 Generally. SB 47 Reappropriations. SB 58 Reductions in 1982. SB 69

Mid-Del Youth and Family Center. HB 1067 Military Department, Oklahoma:

Generally. HB 1077Reappropriations for armory construction. SB 58Reductions in 1982. SB 69Scholarships:

National Guard. HB 1077 ROTC. (smad) HB 1077

Mine Inspector, Chief, Office of the:Generally. HB 1063 Reductions in 1982. SB 69

Mining Board, State:Generally. HB 1063 Reductions in 1982. (smde) SB 69

Minority Business Development. HB 1085 Multicounty organizations. SB 41 Narcotics and Dangerous Drugs Control, Bureau of:

Controlled dangerous substances, purchase to use as evidence for undercover investigations. SB 55

1050 Subject Index

Generally. SB 55 Reductions in 1982. SB 69 Vehicles for undercover investigations. SB 55

National Guard Scholarships. HB 1077 Nursing Homes, State Board of. SB 50 Nursing student assistance program. SB 32 “ Oklahoma Today” Magazine. SB 41 Older American Volunteer Programs. HB 1085 Opportunities Industrialization Center Program. HB 1180 Osteopathic internships. SB 32 Pardon and Parole Board:


Parents’ Assistance Centers. HB 1067Park roads, scenic river roads, parking areas, construction and repair. SB 52 Peanut pod rot research. HB 1065 Personnel Management, Office of:


Physician and health professional placement service. SB 32 Physician Manpower Training Commission:

Generally. SB 32Prenatal services, for enhancing, (smad) SB 58 Reductions in 1982. SB 69

Podiatry Education Assistance Contract Program, Oklahoma. SB 215 Police Pension and Retirement Board. HB 1090 (smde); HB 1091 (smad)Pollution Control, Department of:


Private Schools, Oklahoma Board of:Generally. SB 35 Reductions in 1982. SB 69

Property and Casualty Rates, Board for:Generally. SB 43 Reductions in 1982. (smad) SB 69

Public Affairs, Board of:Agriculture Building, funding for utilities, maintenance personnel, maintenance supplies

and all moving expenses, (smad) HB 1050 Generally. HB 1050 Reductions in 1982. SB 69 Specific projects, (smad) SB 58

Public Employees Relations Board. HB 1050 Public Employees Retirement System, Oklahoma:

Generally, (smde) HB 1073 Reductions in 1982. SB 69

Public Employees Retirement System Board of Tmstees, Oklahoma. HB 1147 Public Safety, Department of:

Construction, (smad) SB 58Contributions to Oklahoma Public Employees Retirement System, (smad) SB 54

Subject Index 1051

County Sheriff’s Fund. SB 164 Generally. SB 54Highway Patrol Academy class, (smad) SB 54 Motor vehicles, purchase. SB 54 (smde, smad); SB 106 Reductions in 1982. SB 69

Regents for Higher Education:Campus master plans. SB 58 Capital improvements. SB 58 Generally. SB 31Podiatry Education Assistance Contract Program, Oklahoma. SB 215 Reductions in 1982. SB 69

Retired Senior Volunteer Program. HB 1085 Retirement systems, actuarial studies. HB 1044 Reward Fund, Oklahoma, (smad) SB 53Roads and highways (see Transportation, Department of, below)ROTC scholarships, (smad) HB 1077Rural Medical Education Loan and Scholarship Fund:


Santa Claus Commission. HB 1050 Sardis (Clayton Lake) Reservoir, (smde) SB 39 Scenic River Commission, SB 41Science and Technology, Oklahoma Council on. (smad) SB 45 Schools (see Education, State Board of, above)Secretary of State.


Securities Commission:Generally. HB 1062 Reductions in 1982. SB 69

Senate:Generally. SB 18 Reductions in 1982. SB 69 Reductions in 1982, legislative intent. SCR 1

Senior Companion Program. HB 1085 Sexual Assault Examination Fund. HB 1052 Smalley Center, Phil, reappropriations, (smad) SB 58 Southern Growth Policies Board. SB 22 Southwest Regional Energy Council. HB 1044 State Aid (see Education, State Board of, above)State Budget Offices, National Association of. SB 22 State Governments, Council of. SB 22 State Legislators, National Conference of. SB 22 State Planning Agencies, Council of. SB 22 Stringtown Correctional Center, (smad) HB 1180 Substate planning districts. HB 1085 Summer Arts Institute. SB 41 Supreme Court (see Courts, above)

1052 Subject Index

Tax Commission:Generally. SB 26 Reductions in 1982. SB 69

Tax Review, Court of (see Courts, above)Teachers’ Retirement System Board of Trustees, insurance study, (smad) SB 162Tick control. HB 1065Tick eradication program. HB 1085Tourism and Recreation, Department of:

Generally. SB 41 Reappropriations. SB 58 Reductions in 1982. SB 69

Transportation, Department of:Aeronautics Commission, airports. SB 52 County Road Machinery and Equipment Revolving Fund. SB 52 Generally. SB 52 Reductions in 1982. SB 69

Traveler Information Centers. SB 41 Treasurer, Office of State:

Generally, (smde) HB 1051 Reductions in 1982. SB 69 Reductions in 1982, legislative intent. SCR 1

Tsa-La-Gi “ Theme” Park. SB 41Uniform State Laws, National Conference of Commissioners of. SB 22 Various state agencies, specified special projects. SB 58 Veterans Affairs, Department of:

Generally. HB 1072Reappropriation for east wing at Clinton. SB 16 Reductions in 1982. SB 69 Specific projects. SB 58

Veterans centers, Clinton, remodeling east wing, reappropriation. SB 16 Victims of domestic violence. SB 47 Vocational and Technical Education, Board of:

Flat grants for reimbursement of approved programs. HB 1180 Generally. HB 1180Opportunities Industrialization Center Program. HB 1180 Reductions in 1982. SB 69 Specific projects. SB 58Stringtown Correctional Center, (smad) HB 1180

Voluntary Citizen Participation, Office of. HB 1085 Water Districts, Rural. HB 1085 Water Resources Board:


Western Plains Indians Arts and Crafts Commission:Generally. SB 37 Reductions in 1982. (smad) SB 69

Wheat Root Rot/Nematode Complex Research. HB 1065 Whitaker State School, maintenance and security, (smad) HB 1050 Will Rogers Memorial Commission:

Generally. HB 1057

Subject Index 1053

Reductions in 1982. SB 69Workers’ Compensation Administration Fund, transfer from State Board of Affairs.

(smde) SB 58Workers’ Compensation Court:

Court building, new. SB 58 (smde, smad) SB 300 Generally. HB 1053

York’s, Leon J., Children’s Shelter. HB 1067

ARBITRATION (see COLLECTIVE BARGAINING)

ARCHAEOLOGIST, STATE (see HISTORICAL SOCIETIES AND ASSOCIATIONS)

ARCHITECTS (see PROFESSIONS AND OCCUPATIONS)

ARCHIVES AND RECORDS COMMISSIONAuthority, not applicable to certain records of Tax Commission. SB 218 Recreating. SB 218

ARMED FORCES OF THE UNITED STATESRetirement income, exemption of state income tax. SB 135

ARTS COUNCIL OF OKLAHOMAAppropriations:

Community Arts Program. HB 1056 Generally. HB 1056 Moving costs and expenses. HB 1056 Reductions in 1982. SB 69(Vietnam and Korean veterans monument, to determine location on Capitol grounds and

approve design in cooperation with Board of Public Affairs smad) (repealing HJR 1036, Second Session, 38th Legislature, smad) HJR 1012

ASSOCIATIONSSecurities, investment of, modifying. SB 70

ATTORNEY GENERAL, OFFICE OF THEAppropriations:

Generally. HB 1045 Reductions in 1982. SB 69 Reductions in 1982, legislative intent. SCR 1

Ballot titles for initiative and referendum measures:Approval, only those written simply and clearly. SIR 7 Review as to legal correctness only. HB 1176

Capital cases, directing all procedures in murder cases with death sentence be expedited. SR 13

Construction and Properties Division of Board of Public Affairs to report any fraud or waste. SB 305 (smad); HB 1298

Consumer Protection Act (see CONTRACTS)District Attorneys (see DISTRICT ATTORNEYS, OFHCES OF)District Attorneys Training Coordination Council (see DISTRICT ATTORNEYS

TRAINING COORDINATION COUNCIL)

1054 Subject Index

Hearing to investigate use of force by employee of penal institution against inmate, to appoint one panel member. SB 129

Legal interns, funding. HB 1052Teacher hearing on dismissal or nonreemployment, assistant to be hearing judge. SB 278

ATTORNEYS (see PROFESSIONS AND OCCUPATIONS)

AUCTIONSLivestock markets (see AGRICULTURE, Livestock)

AUDITOR AND INSPECTOR, OFFICE OFAppropriations:

Generally. SB 25Reductions in 1982. SB 69Reductions in 1982, legislative intent. SCR 1Tax Review, Court of (see COURTS)

Audits and reviews, to receive copies from each state agency. HB 1368 District Attorneys, Offices of, to provide forms and procedures for estimates of needs,

(smad) HB 1409Employee locating, use of public funds prohibited. SB 25 Enterprise District Management Authorities, to audit. SB 90 Fiscal year, modifying dates. SB 214 Human Services, Department of:

Fiscal audit of programs, requesting Office to conduct and report to Legislature. SIR 29 Performance audit of programs, directing Office to contract for. Department to pay for

audit, requiring reports. SIR 29School districts, audits of, modifying petition requirements, (smad) SB 203Tax Commission and license tag agents, audits of, funding. SB 26Vendors Revolving Fund, Registration of State, not to draw warrants on Fund, (smad)

SB 305

AUDITSAgencies to provide copies, to certain. SB 301 (smad); SB 320 (smad)Canoe businesses, commercial, by Tax Commission, (smad) SB 224 Economic and Community Affairs, Department of, to contract. HB 1085 Human Services, Department of:

Fiscal audit of programs by State Auditor and Inspector. SIR 29 Performance audit of programs by contractor. Department to pay. SIR 29

Insurance companies, domestic, by Insurance Commissioner, modifying. SB 185 School districts, by State Auditor and Inspector, modifying petition requirements, (smad)

SB 203Tax Commission and license tag agents, funding. SB 26Teaching hospitals, Oklahoma, authorizing complete institutional effectiveness review and

operational audit of by independent contractor, limiting cost, report, (smad) SB 46

AUTOMOBILE INSURANCE RATES (see INSURANCE, Motor vehicles)

AUTOMOBILE LICENSE PLATES (see MOTOR VEHICLES, License tags.Licensing and registration and Tag agents)

Subject Index 1055

AUTOMOBILE SAFETY INSPECTION (see MOTOR VEHICLES, Inspections)

AUTOMOBILE TAG AGENTS (see MOTOR VEHICLES, Tag agents)

BBAILAdministrative Director of Courts to report to Insurance Commissioner. HJR 1024 Arrest bond certificates, guaranteed, of trucking associations and service clubs,

increasing. SB 207Bail bondsmen (see PROFESSIONS AND OCCUPATIONS)Forfeiture of bail bonds, deleting the return of certain. HB 1392 Increasing for traffic, hunting, fishing and boating violations. SB 4 Motor vehicles, overloaded, oversized or overweight, providing. SB 207 Prearraignment release (see Sheriff, below)Sheriff or designee to release individual prior to arraignment upon posting of cash bond,

amount to be set by judge. HB 1016 (smad); HB 1017 (smad)

BAIL BONDSMEN (see PROFESSIONS AND OCCUPATIONS)

BANKING DEPARTMENT, STATEAppropriations:


Banking Code, Oklahoma (See BANKS AND TRUST COMPANIES)

BANKS AND TRUST COMPANIESAd valorem taxes, lease property not exempt from personal property taxes. SB 250 Banking Code, Oklahoma:

Application for authority to organize and operate, modifying existing procedures and adding new procedures. SB 77

Bank holding company (see Holding companies, bank, below)Bank service corporation, modifying definition and services. SB 77 Borrowing and capital debentures, modifying procedures. SB 77 Branch banking, authorizing, procedures, fees and penalties; repealing current laws.

HB 1123Certificate of authority to organize and operate, adding emergency procedures. SB 77Change of name, modifying procedures. SB 77Claims, priority in liquidation of banks, modifying. SB 95Depository institution, defining and authorizing services to. SB 77Drive-in or walk-up facilities:

Detached, authorizing two and increasing fee for requesting any additional facility. HB 1123

Functions allowed, increasing. SB 118 Extended service facility, allowing, specifying locations and functions.

SB 118Fund, State Banking Department Revolving, naming officially and modifying

procedures, (smde) HB 1123

1056 Subject Index

Holding companies, bank;Definitions, modifying and adding multi-bank holding company, direct

ownership, indirect ownership and control; requiring reports. HB 1123 Definitions, prohibitions and penalties, repealing. SB 326

Indebtedness to banks, limitations on maximum, modifying. SB 77 Investigation for charter of state bank, limiting, (smad) HB 1123 “ Legal newspaper,” modifying definition. SB 77 Liquidation, claim priority, modifying. SB 95 Loans to managing officers, modifying amounts. SB 77 Merger, consolidation, conversion and sale of assets, modifying

stockholder procedures. SB 77 Preferred stock, issue of, modifying procedures. SB 77 Real estate loans, modifying procedures. SB 77 Service facility, extended, allowing, specifying locations and functions.

SB 118Stock or controlling interest, transfer of, modifying, (smde) HB 1123

Banking Department, State (see BANKING DEPARTMENT, STATE)Branch banldng (see Banking Code, Oklahoma, above)Credit Union Board (see CREDIT UNIONS)Excise tax, levying. HB 1380 (smde); HB 1419 (smde)F.D.I.C. to abide by Oklahoma Banking Code on priority of claims in liquidation. SB 95 Financial institution, defining as. HB 1380 (smde); HB 1419 (smde)Holding companies (see Banking Code, Oklahoma, above)Interest, withholding from, requesting Congress to repeal. SCR 5 Liquidation of bank by F.D.I.C. to be bound by Oklahoma Banking Code on priority of

claims. SB 95Public Obligations Registration Act, creating. HB 1413 Savings and Loan Associations:

Defining as financial institution. HB 1380 (smde); HB 1419 (smde)Excise tax, levying. HB 1380 (smde); HB 1419 (smde)Interest, withholding from, requesting Congress to repeal. SCR 5

Tax, excise, levying, (smde) HB 1380

BARBERS (see PROFESSIONS AND OCCUPATIONS)

BARTLESVILLE ENERGY RESEARCH CENTERInterstate Compact to Conserve Oil and Gas, to be part of. Governor to pay expenses,

(smad) HB 1066

BASKETBALL (see AMUSEMENTS AND SPORTS)

BEAUTY SCHOOLS, BEAUTICIANS (see PROFESSIONS AND OCCUPATIONS, Cosmetology)

BEER (see INTOXICATING LIQUORS)

BEVERAGE CONTAINERS (see CONTAINERS)

BIBLEProclaiming 1983 year of in Oklahoma. HCR 1022.

Subject Index 1057

BIDS AND BIDDINGPublic Competitive Bidding Act partial payment and retainage on certain contracts,

modifying. HB 1305

BILLS AND RESOLUTIONSEnrolled House Joint Resolution 1015, amending. HJR 1023 Enrolled House Resolution 1007, rescinding. SCR 11Enrolled Senate Bill 51, appropriation for Oklahoma Indian Affairs Commission, recall

from Governor. SCR 22Enrolled Senate Bill 209, authorizing off-duty municipal police and peace officers to carry

weapons, recall from Governor. SCR 16 Enrolled Senate Resolutions 12 and 14, rescinding. SCR 11

BINDING ARBITRATION (see COLLECTIVE BARGAINING)

BINGO GAMESDefinitions:

“ Bingo,” expanding to include “ rip-off” and “ pull-tab” games. SB 202 “ Regular duties,” defining, (smde) SB 202 “ Rip-off” or “ pull-tab” games, defining. SB 97 (smad); SB 202

Employees, allowing certain, (smad) SB 97 Licenses, prohibiting for certain reasons, (smad) SB 97Payment for conducting bingo games, allowing for employees of nonprofit organizations,

(smde) SB 202Political party, recognized, allowing to conduct games, (smad, smde) SB 97 Prize limits, increasing. SB 202“ Rip-off” or “ pull-tab” games, defining, (prohibited at bingo games, smad) SB 97;

SB 202War veterans, post or organization, allowing to conduct games. SB 97

BLIND, OKLAHOMA SCHOOL FOR THE (see HUMAN SERVICES, DEPARTMENT OF)

BLIND PERSONSBlind vendors under Department of Human Services to be considered state employees for

retirement purposes. SB 46

BLOCK GRANTS (see FEDERAL FUNDS)

BOARD OF AFFAIRS (see PUBLIC AFFAIRS, BOARD OF)

BOATS OR WATER CRAFT (see PUBLIC HEALTH AND SAFETY)

BOGUS CHECK RESTITUTION PROGRAM FUND (see DISTRICT ATTORNEYS)

BOGUS CHECKSBad check fee, authorizing. SB 317; SB 318County officers, deleting liability for those deposited in county accounts. SB 83 Sum of, increasing for felony. SB 8

1058 Subject Index

BOILER AND PRESSURE VESSEL SAFETY ACTCertificates to owner-users to be issued to certain. SB 324Steam lines in chemical and petroleum processing facilities, exempting. SB 324

BONDS, MORTGAGE (see PROPERTY, Mortgage Bonds)

BONDS, REVENUEBearer form, changing to registered form, (smad) SB 240 El Reno Junior College, authorizing issue. SCR 20Form, changing from bearer to registered and authorizing facsimile signatures, (smad)

SB 240Higher education (see HIGHER EDUCATION)Municipal Power Authority, Oklahoma, limiting interest. HB 1212 Oklahoma City Junior College, authorizing issue. SCR 8.Registered form, changing from bearer form, (smad) SB 240 Signatures, authorizing facsimile, (smad) SB 240 Tulsa Junior College, authorizing issue. SCR 2

BONDS, SURETYAbstractors, increasing. HB 1275 Closing-out sale applicants, requiring. HB 1235 Concrete vehicles, ready-mixed, certain, requiring. HB 1130 Corporation Commission, Finance Department, requiring. HB 1415 County road systems, contractors for, modifying procedures. HB 1027 Dental Plan Act, Prepaid, creating, requiring certain officers of dental plan organizations

to file with Insurance Commissioner. HB 1299 Horse Racing Commission, executive secretary, requiring. HB 1022 Insurance Broker Act, Oklahoma (Life smad) (Accident and Health smad, smde, smad),

creating, requiring. HB 1358.Mortgagor or mortgagor’s general contractor to file for labor and materials on

constructing or remodeling house. SB 289 Motor carrier regulations, enforcement officers of, increasing. SB 207 Oil and gas driller or operator or person to whom title transferred, under certain

conditions. HB 1251 Osteopathic Examiners, State Board of:

Employees and members to be under blanket bond, (smad) SB 142 Increasing bond for secretary-treasurer, (smde) SB 142

State officers and employees, authorizing agencies to increase blanket coverage, cost to be paid by agency. SB 244

Tax Commission, contractors for data processing, requiring. SB 26.Third-party Administrator Act, requiring administrator to be bonded. HB 1209

BOTTLES AND CANS (see LITTERING)

BRANCH BANKING (see BANKSAND TRUST COMPANIES)

BRIDGE IN DALE, OKLAHOMAWalker, Oliver C., to be named for. SR 28

Subject Index 1059

BRUCELLOSIS (see AGRICULTURE)

BUDGET BALANCING ACTCreating. SB 69

BUDGET OFFICE (see FINANCE, OFFICE OF STATE)

BUILDING CODES (see CITIES AND TOWNS)

BULK TRANSFERS (see COMMERCIAL CODE)

BUREAU OF INVESTIGATION (see INVESTIGATION, OKLAHOMA STATE BUREAU OF)

BURIAL (see CEMETERIES)

BURIAL BOARDBurial associations (see CEMETERIES)

CABLE TELEVISIONAd valorem tax, modifying definition concerning, (smad) HB 1419 Larceny of services, expanding statute and increasing penalties, (providing exception on

allowing to file suit, smad, smde) SB 161

CAMPAIGN COMMISSION (see ETHICS AND MERIT COMMISSION)

CAMPAIGN CONTRIBUTIONS AND EXPENDITURESViolations, actions for, reducing time. HB 1042

CAMPAIGN FINANCE AD REPORTING ACT, OKLAHOMACreating. SB 261

CANDIDATES FOR PUBLIC OFFICE (see ELECTIONS)

CAPITAL AND CAPITOL BUILDING, STATE (see PUBLIC AFFAIRS, BOARD OF)

CAPITAL IMPROVEMENTS (see APPROPRIATIONS)

CAPITOL BUILDINGS (see PUBLIC AFFAIRS, BOARD OF)

CAPITOL CAFETERIA REVOLVING FUNDAppropriations, reductions in 1982. SB 69

1060 Subject Index

CAPITOL IMPROVEMENT AUTHORITYAppropriations:

Bonds, to retire, (smad) HB 1050 Deferment of rent increase, (smad) SB 58 Generally. SB 27 Reductions in 1982. SB 69 Walkway, (smde) SB 58

Financial accounting functions, transferring to Office of Public Affairs, (smad) HB 1050. Housekeeping, maintenance, repair and administration:

Office and operations space. Authority to provide to Office of Public Affairs. SB 305. Personnel to be transferred to Office of Public Affairs. SB 305 Records, equipment and supplies, to be transferred to Office of Public Affairs. SB 305 Services to be performed by Office of Public Affairs by contract. SB 305

CAPITOL-MEDICAL CENTER IMPROVEMENT AND ZONING COMMISSION(see PUBLIC AFFAIRS, BOARD OF)

CAPITOL PRESERVATION COMMISSION, STATEMansion, Governor’s (see GOVERNOR)

CAPITOL VISITOR INFORMATION CENTER (see PUBLIC AFFAIRS, BOARD OF)

CEMETERIESBurial associations:

Examination of associations by Board, expense to be associations’, (smad, smde)SB 239

Burial (or exhumation smde), allowing (governing authorities of smde) cemeteries to charge for, (penalties, smde) SB 239

Embalmers and Funeral Directors (see PROFESSIONS AND OCCUPATIONS)

CENTRAL PURCHASINGAffidavit attached to contract or claim:

Deleting the requirement of a noncollusion affidavit for claims. SB 184 Modifying. HB 1368 (smde); HB 1425

Bids, competitive required, modifying procedures, requiring reports. HB 1425 Bonds, surety, authorizing state agencies to increase blanket coverage, cost to be paid by

agency. SB 244Counties, cental purchasing activity of, funding. HB 1050 Exemptions, repealing certain, (smad) SB 301 Minorities, percentage of contracts to be awarded to. SB 82Oklahoma produced goods, preference for, modifying method of determination for state

produced goods. HB 1204 Prison industries, requiring to buy from. SB 292 Risk management program (see PUBLIC AFFAIRS, BOARD OF)

CHARITABLE ORGANIZATIONSPrison industries, allowing to buy products from. SB 292

Subject Index 1061

CHELATION THERAPYInsurance, requiring policies to cover. HB 1394Request for use, written informed, requiring, (smad) HB 1394Use not to be prohibited, (smad) SB 81

CHILD SUPPORT ENFORCEMENT ACT (see DISTRICT ATTORNEYS TRAINING COORDINATION COUNCIL)

CHILDRENAbuse by parent or household member, prohibiting, penalties, (smad, smde) HB 1364 Adoption:

“ Children’s Adoption Resource Exchange, Oklahoma” :Adoption agencies and licensed child-placing agencies, to utilize and (allowing to

smad, smde) supply information, (exceptions, smad) SB 283 Information, certain, (allowing, smad, smde) to provide to Southwest Regional

Adoption Exchange and National Adoption Exchange, (smad) SB 283 Consent, requiring of certain persons, authorizing statement of consent in lieu of court

appearance, (providing exceptions, smad) HB 1273 Notiee and hearing in cases of adoption without consent of parents, modifying

notification procedures for parent residing outside of county. HB 1167 Adults:

Age to be considered, when crime committed while operating a motor vehicle. SB 61 To be considered as, upon committing aggravated assault on employee of state penal

institution or facility or damaging state property, (smad) SB 112 Blood tests to determine paternity, modifying, (smad) HB 1079 Child support (see HUMAN SERVICES, DEPARTMENT OF)Children and Youth, Oklahoma Commission on (see CHILDREN AND YOUTH,

OKLAHOMA COMMISSION ON)Court proceedings, requiring notice to custodian and allowing intervention, (smad)

SB 283 Custody:

Allowing to be taken into if under influence of drugs or alcohol. SB 113Jail, adult lockup or detention facility, allowed under certain circumstances. SB 232Minor unmarried children:

Grandparents to be on preference list, (smad) HB 1141 Rights and procedures, modifying and repealing. HB 1141

Dependent and delinquent:Detention and confinement, modifying. SB 232Dispositon orders of wards of the court, modifying to permit inclusion of prison visits,

allowing. HB 1099Jails for detention, requiring standards, (smad, smde) SB 271 Parental rights, termination of, modifying. SB 148Placement of certain, authorizing Department of Mental Health to place in mental

health facilities (or group homes, smad, smde). SB 271 Transportation, certain, to be expense of Department of Human Services. SB 232

Deprived child:Definition, modifying to include lack of medical treatment for medical reasons, (with exceptions, smad) HB 1227

Expanding to include children who need special care or are handicapped (or nonhandicapped smad) with needs without receiving help. HB 1133

1062 Subject Index

Placement plan, requirements, modifying. HB 1228 Reviews of placement, modifying procedures. HB 1228

Grandparental rights (see Custody, above)Guardian, superintendent of institution in which confined to be, (unless over 18. smad)

HB 1239Handicapped child, defining. HB 1133Intervention in court proceedings by custodian, allowing, (smad) SB 283 Jails for detention, requiring standards, (smad, smde) SB 271 Juvenile bureaus (smde) and citizens’ advisory committees:

Court costs, to receive on concurrence of Supreme Court Justice. HB 1430 Juvenile proceedings;

Court costs to be charged. HB 1430 Court fund to receive, with exceptions. HB 1430

Lewd or indecent proposals or acts to children;Commencement of action, (smad) SB 182 Raising age. HB 1120

Medical care:Or nutrition, failure to provide adequate for, to be deprived child. HB 1133 Removing religious exception from requirement to provide, (modifying.) HB 1082

(smad); HB 1227 (smad)Spiritual means in lieu not cause for termination of parental rights, (smad) SB 148

Mentally ill, superintendent of institution in which confined to be guardian, (unless over 18. smad) HB 1239

Missing, start of investigation to be immediate. HB 1173Motor vehicles, operating when crime committed, age to be considered adult. SB 61 Nonviolent (Youthful smde) (Intermediate smad) Offender Act, creating. HB 1395 Omission to provide for, removing religious exception, (modifying.) HB 1082 (smad);

HB 1227 (smad)Parental rights of dependent and delinquent children, termination of, modifying. SB 148 Passenger restraint system, child, to be used. SB 107; HB 1005 Paternity, blood tests to determine, modifying, (smad) HB 1079 Religious exception for medical care of child, deleting, (modifying.) HB 1082 (smad);

HB 1227 (smad)

CHILDREN AND YOUTH, OKLAHOMA COMMISSION ONAppropriations:


Exceptional children, delivery of related services to. Commission to coordinate plan and assist agencies, report on implementation required, (smde) HB 1271

CHIROPODY, OKLAHOMA STATE BOARD OF (see PROFESSIONS AND OCCUPATIONS, Podiatry)

CHIROPRACTORS (see PROFESSIONS AND OCCUPATIONS)

CHURCHESAssessment of property in improvement districts of cities and towns, exempting property

used for (religious purposes, smde) (nonprofit organizations, smad) SB 247 Explosives, repealing prohibition in mining near. HB 1004

Subject Index 1063

Prison industries, allowing to buy products from. SB 292

CIGARETTE AND TOBACCO TAX (see REVENUE AND TAXATION)

CITIES AND TOWNSBuilding code, requiring certain cities to use certified building code and fire code

inspectors, exception, providing certification procedures. SB 245 Courts (see COURTS, Municipal courts)Dispute Resolution Act, creating, authorizing establishment of mediation services. HB

1136Elections:

Campaign Finance and Reporting Act, Oklahoma, creating. SB 261 Campaign Finance Fund, Oklahoma, creating. SB 261 Election Law Enforcement Commission, Oklahoma, creating. SB 261

Employees political activities:Federal statutes and (municipal charters smde) deleting certain restrictions. SB 187 Municipal charters, deleting certain restrictions. HB 1433

Fines, increasing amounts allowed and allowing certain costs, (smad) SB 176 Fire departments:

Collective bargaining, modifying. SB 225 Retirement system (see RETIREMENT SYSTEMS)Volunteer:

Membership, increasing and eliminating compliance by attrition. SB 72 Reports to State Fire Marshal, modifying, (smad) HB 1075

Fiscal year, modifying dates. SB 214Improvement districts, property assessment, exempting property used for (religious

purposes, smde) (nonprofit organizations, smad) SB 247 Incorporation, allowing certain territories in certain counties. HB 1166 Indebtedness for projects, allowing and providing for repayment. SIR 28 Jails (see JAILS)Law Enforcement Officers Training Fund, requiring deposit of certain municipal funds.

SB 176Metropolitan Area Planning Commissions (see COUNTIES AND COUNTY OFFICERS) Mowing by, grass and weeds, providing for notification of owner and definitions.

HB 1252Municipal Power Authority, Oklahoma, limiting interest on bonds. HB 1212 Planning and zoning commissions for certain counties with certain city populations,

modifying population requirements for participation. SB 302 Platting, authorizing correction of errors and defects, procedures. HB 1356 Police officers:

Chief, authorizing disposition of property, exemptions, (smad) SB 179 Collective bargaining, modifying. SB 225Crime reporting system, uniform, changing from quarterly to monthly report, penalties.

SB 157Firearms, authorizing carrying by off-duty officers, (with limitations, smad) SB 209 Petroleum products, certain, transpiorters of, allowing inspection of invoices or load

tickets. SB 181Prearraignment release (see Prearraignment release, below)Property, disposition procedures, by chief of police, exemptions, (smad) SB 179 Report of offenses, establishing, penalties. SB 157

1064 Subject Index

Prearraignment release, authorizing, procedures. HB 1016 (smad); HB 1017 Pretrial release program, allowing to establish and maintain. HB 1016 Private clubs, authorizing levy of annual fee. (smad, smde) SB 57 Private roadways (see Streets, below)Property:

Mowing by municipal governing body, providing notification of owner and definitions. HB 1252

Trash, removing by municipal governing body, providing notification of owner and definitions. HB 1252

Sales tax:Beer, authorizing. SB 111Gasoline, motor fuel, diesel fuel or special fuel, prohibiting. SB 151

Senior citizens’ centers, to be maintained if increase in ad valorem tax voted. HJR 1011 Sludge disposal and sludge disposal sites, establishing prohibitions. SB 233 Streets:

Private roadways, modifying procedures, limitations (and specifications in certain counties, smad) HB 1367

Territories, allowing certain to be included in municipality or plat. HB 1166 Tort Claims Act, Oklahoma (see CIVIL PROCEDURE, Torts)Trash removal by, providing for notification of owner and definitions. HB 1252 Urban Renewal Authorities:

Bonds or notes issued by Authority:Payment source of, expanding, (smad) HB 1212 Sales, changing method, (smad) HB 1212

Plans, urban renewal, at time of adoption, muncipal governing body may designate renewal area to be tax increment allocation district; procedures for city clerk and county officers, (smad) HB 1212

Projects, urban renewal, costs of, authorizing use of revenue from ad valorem taxes, (smad) HB 1212

CIVIL DEFENSE, OFFICE OFAppropriations:

Disaster relief Hughes County, (smad) SB 58 Generally. HB 1078 Reductions in 1982. SB 69

Emergency, vehicles of local organization to be. (smad) HB 1104 Vehicles of local organization to be emergency vehicles, (smad) HB 1104 Volunteer civil defense workers, exempting from benefits of Workers’ Compensation Act,

eliminating certain benefits and excusing state agencies from any liability to volunteers. SB 235

Worker’s privately owned vehicle to be equipped with sirens and flashing lights, after defensive driving course, (smde) HB 1104

CIVIL PROCEDUREArrests:

Warrants, modifying procedures by arresting officer, (smad) SB 179 Child support, penalties for failure to provide, (smad) HB 1079 Class action suits:

Limitation of recovery, removing. SB 147 Request not to be included, must be made. SB 147

Subject Index 1065

Court clerk (see COURTS)Defamation (see Libel and slander, below)Discovery Code:

Insurance agreements:Attorneys’ percentage contract on judgment or settlement, limiting, (smad) SB 194 Information concerning, requiring nonadmissibility into evidence at trial. SB 194 Providing for discovery of existence and contents of certain. SB 194

Interrogatories to parties, limiting, allowing judicial discretion. SB 134 Requests for admissions, limiting, allowing judicial discretion. SB 134

Dismissal of actions by court or parties, providing procedures and repealing. HB 1315 Dispute Resolution Act, creating, to provide citizens convenient access to dispute

resolution proceedings, which are fair, effective, inexpensive, expeditious and nonjudicial. HB 1136

Divorce:Alimony:

Cohabitation to affect judgments and alimony retrospectively and prospectively.HB 1009; HB 1033 (smad, smde)

Lien, judgment may be against real property for payments. HB 1033 Payment of support, modification with change of circumstances, allowing. HB 1033 Recipient of alimony must file for termination upon remarriage, (smde) HB 1009

Division of property not to be modified later by awarding court, (smad) HB 1033 Emergency care given when accident or impending disaster with hazardous materials, not

liable, with exception. HB 1186 Evidence:

Defining, (smad, smde) SB 179Suppression of, limiting certain, procedures, (smad) SB 179

Fees, providing for flat fee in all civil actions. SB 308Frivolous or without merit action or counterclaim, authorizing court to dismiss and award

costs and attorney fees. HB 1319 Garnishment:

Funds paid prior to order, procedures, (smad) HB 1146 Garnishee summons, modifying procedures. SB 93 Notice to defendant, modifying. HB 1146 Procedures and forms, limitation hearings. SB 88

Hazardous materials, emergency care given when accident or impending disaster, not liable for damages, with exception. HB 1186

Judgments of courts of record, certain, interest on:Decreasing. SB 86 Increasing, (smad) HB 1316 Modifying. HB 1316

Liability:Business entities, agreements void when exempt from negligence (resulting in personal

injury, smad) SB 98 Libel and slander:

Defamation, defining and establishing elements of proof for plaintiff. SB 17 Liens (see LIENS)Marriage ceremony performed by judge, increasing fee. HB 1312 Neighborhood Dispute Bill (see Dispute Resolution Act, above)Open Meeting Act, violations of, allowing civil actions, procedures. HB 1216 Petitions (see Pleadings, below)

1066 Subject Index

Pleadings:Petitions for recovery of damages for injury or death against physician, health care

provider or hospital, modifying contents and procedures. HB 1293 Real property, title defects, attorneys fees to be awarded prevailing party. HB 1114 Searches and seizures:

Aggrieved party actions, providing, (smad, smde) SB 179 Unlawful, admissibility or suppression of evidence, procedures, (smad) SB 179

Slander (see Libel and slander, above)Small Claims Court (see COURTS)Torts:

Human Services, procedures for settlements. SB 46 (smad); HB 1391 Medical care and treatment, establishing standards, (liability of practitioners smde) (and

qualifications of expert medical witnesses, smde) (allowing certain therapies and treatments, smad) SB 81

Medical records:Availability to opposing party, requiring. HB 1292 Copies of, increasing cost per page, (smde) HB 1292Psychiatric records, restricting to patient when in best interest, procedures. HB 1292 Release of for civil action, requiring. SB 144

State, (political subdivisions smad) or Department of Corrections officials not liable for when committed against or by convicted person. HB 1041

Tort Claims Act, Oklahoma:Insurance, allowing self-insurance by state. SB 191 Judgments, deleting interest rate. SB 191Name, changing from The Political Subdivision Tort Claims Act. SB 191 Repealing Statutes. SB 191 State, including in act. SB 191 Venue, modifying. SB 191

Warrants for arrest, modifying procedures by arresting officer, (smad) SB 179

CLAIMS AND WARRANTSClaims and payrolls, modifying procedures. HB 1368 (smde); HB 1425 Damages, claims for (see DAMAGES)

CLASS ACTION SUITS (see CIVIL PROCEDURE)

“ CLEAN IS BEAUTIFUL MONTH”Requesting Governor to designate May. HCR 1009

CLEANERS, DYERS AND PRESSERS (see PROFESSIONS AND OCCUPATIONS)

COAL RECLAMATION ACT (see MINES AND MINING)

COBB, SENATOR JO E BAILEYCondolences. SR 2

COHABITATION (see CIVIL PROCEDURE, Divorce)

COLLATERAL SECURITIES (see PUBLIC FINANCE)

Subject Index 1067

COLLECTIVE BARGAININGCities and towns, firefighters and police officers, modifying. SB 225 Educational Employment Relations Act, creating, (smde) SB 188 Hearing to investigate use of force by employee of penal institution against inmate.

Executive Director of employees’ organization representing largest number of state employees to appoint one panel member. SB 129

Schools and teachers, district courts to enforce act. (smad) SB 188

COLLEGES (see HIGHER EDUCATION)

COMBS, LEROYPraising and wishing continued success. SR 21

COMMENDATIONS (see PRAISE AND APPRECIATION)

COMMERCIAL CODEBulk transfer, definition, services to be included. SB 104 Protection of buyers of goods:

Certificate disclosing names of certain lenders, requiring of seller, procedures, penalties, (smad) HB 1106

Exemption from security interest for buyers of farm products from farmers, deleting, exempting livestock buyers. SB 121; HB 1106

Registered Public Obligations Act of Oklahoma, creating, to be construed in conjunction with Code, (smde, smad) SB 240

Security interest, perfection of for motor vehicles, clarifying. SB 149

COMMITTEESAgent Orange Outreach Committee (see HEALTH, DEPARTMENT OF)Alcoholism and Drug Dependency Treatment Insurance Advisory Committee, creating.

SB 281Health Sciences Center Planning Committee, abolishing. SB 221 Historic Preservation Review Committee, Oklahoma, creating. SB 141 Joint Committee on Federal Funds (see STATE GOVERNMENT)Planning and Development Advisory Committee, creating. SB 65 (smad); SB 282 (smad,

smde); HB 1397Radiation Advisory Committee, creating. SB 80Rural Roads Study Committee, creating for each county, county commissioners to appoint

members, reports. SB 262School spring vacation, uniform period, providing membership to be called by State

Superintendent of Public Instruction. SCR 12 Sunset Review, Joint Committee on, creating, (smad) SB 263

COMMUNITY ARTS PROGRAM (see ARTS COUNCIL OF OKLAHOMA)

COMMUNITY MENTAL HEALTH SERVICES (see MENTAL HEALTH)

COMMUNITY TREATMENT CENTERS (see DEPARTMENT OF CORRECTIONS)

COMPENSATION (see TRAVEL EXPENSES AND/OR PER DIEM, WAGES or SALARIES)

1068 Subject Index

CONDOLENCESCobb, Senator Joe Bailey. SR 2 Cummins, Senator Don J. SR 10 Field, Senator Leon B. SR 5 Hall, Senator James R., Jr. SR 7 Wade, Henry F. “ Hank.” SR 4

CONGRATULATIONS (see PRAISE AND APPRECIATION)

CONGRESS OF THE UNITED STATESMemorializing or requesting Congress to take action on;

Contingency tax of $5.00 per barrel on domestic oil, refrain from imposing. SCR 9 Disability claims against Veterans Administration, to allow judicial review of.

HCR 1006Employee Retirement Income Security Act, to enact legislation to permit states to

regulate. SR 11Interest on savings accounts, withholding, requesting repeal. SCR 5 Judicial review, to allow on disability claims against Veterans Administration.

HCR 1006Medicare, to make Oklahoma single-statewide reimbursement locality. SCR 4 Railroad retirement, to resolve solvency, requesting to pass Railroad Retirement

Solvency Act of 1983. HCR 1012Social security benefits, disability program, for more equitable services to beneficiaries.

SR 1Steed, Tom, to dedicate Interstate 40 between Shawnee and Oklahoma City to.

HCR 1023Tuition paid to nonpublic schools, to reject S. 598, 98th Congress, 1st Session and

similar proposals favoring granting of federal income tax credits for. SCR 13 Vietnam veterans, research on effects of herbicide exposure. SCR 10 Wilderness land in Oklahoma, to prevent sale. SR 15

CONSERVATION COMMISSION, OKLAHOMAAppropriations:


CONSTITUTION, OKLAHOMA, AMENDMENT OFAd valorem taxes:

Allowable, increasing. SIR 3County ad valorem tax levy, authorizing additional for county health department

services (to include indigent health care, smde) requiring election. SIR 24; HJR 1021 Increases, limiting, exception; excluding personal property, exception. SIR 14 Schools operating for profit, deleting exemption, (smad) SB 248 Senior citizens’ centers (and programs smad), increasing for. HJR 1011

Corporation Commission members, number and term of office, decreasing, providing transition period. SJR 25

Corporations, repealing prohibition to influence elections or official duty by contributions of money or anything of value. SJR 20

County assessor, creating office of, to be elective. SJR 15

Subject Index 1069

Economic emergency, allowing Governor to proclaim and reduce all state employee salaries, with legislative oversight. SJR 27

Human Services Commission, changing name from Welfare Commission, setting duties and responsibilities. HJR 1005

Human Services, Department of, changing name from Department of Welfare, setting duties and responsibilities. HJR 1005

Indebtedness of cities, towns and counties for certain projects, allowing and providing for repayment. SJR 28

Initiative or referendum petitions, when passed by vote of people not to be amended for period of time except by two-thirds vote of both Houses. SJR 6

Insurance Commissioner, deleting as elective office and authorizing appointment by Governor, modifying term. SJR 19

Legislative sessions, directing regular sessions during odd-numbered years and budget sessions during even-numbered years, procedures. SJR 17

Pardon and Parole Board, full time, to be appointed by Governor, with advice and consent of Senate. SJR 10

Paroles, Pardon and Parole Board, not Governor, to have final authority to grant. SJR 1 Public Common School Building Equalization Fund, State, removing limit on amount

paid to or for any school district from Fund, authorizing Legislature to establish formula for payments from Fund. SJR 26

Referendum or initiative petitions when passed by vote of people not to be amended for certain period of time except by two-thirds vote of both Houses. SJR 6

Salaries of elected officials and public employees and labor contracts, directing Legislature to reduce in the event that collections to the General Revenue Fund fall short of the appropriated amount. SJR 8

Senior citizens’ centers (and programs smad), increasing ad valorem taxes for. HJR 1011 State employees and officials, allowing Governor to reduce salaries with legislative

oversight. SJR 27Superintendent of Public Instruction, deleting as elective office and authorizing

appointment by Governor. SJR 18Water development, adequate statewide. Legislature to enact laws. SJR 11

CONSTITUTION, UNITED STATES, AMENDMENT OFDistrict of Columbia, representation in Congress of the United States, ratifying. SJR 2

CONSUMER CREDIT CODEClosing-out sales (see CONTRACTS)Commission (see CONSUMER CREDIT, COMMISISON ON)Credit sales:

Bad check fee, allowing by seller, requiring disclosure to buyer. SB 317; SB 318 Service charge for consumer credit sales other than revolving charge accounts, annual,

reducing. SB 87Service charge for revolving charge accounts, monthly, reducing. SB 87

Fees, limiting amount for lessors, sellers, lenders or assignees. HB 1003 Loans:

Consumer loans:Additional charges to debtors by lenders, allowing certain origination fee. SB 316 Bad check fee, allowing by lender, requiring disclosure to debtor. SB 317; SB 318 Balloon payments, refinancing procedures, modifying. SB 315 Prepayment, authorizing payment. SB 319

1070 Subject Index

Finance charges for loans, modifying. SB 314Revolving loan accounts, change in terms of, not requiring written notice if change is

of class defined by rule as not requiring advance notice. SB 189 Supervised loans:

Finance charge:Reducing annual. SB 87 Setting loan limit. SB 314

CONSUMER CREDIT, COMMISSION ONAdministrator, qualifications, modifying, (smad) HB 1059 Appropriations:


CONSUMER PROTECTION ACT (see CONTRACTS)

CONTAINERSReturnable Beverage Container Management Act, creating. SB 264 Sales tax exemption, implements used to transport soft drink returnable containers, (smad)

HB 1419

CONTINGENCY REVIEW BOARDLayoffs and reductions in force, requiring certain actions by Board when Legislature not

in session. SB 327

CONTRACTSConsumer commodities, providing for marking and availability of weighing, penalty.

SB 133Consumer Protection Act:

Attorney General and district attorneys, allowing to bring action on own behalf.HB 1403

Closing-out sales:Advertising, requirements. HB 1235 License, requiring. HB 1235 Location, specifying. HB 1235 Surety bond, requiring. HB 1235

Consumer, allowing aggrieved to bring action on own behalf. HB 1403 Groceries, marking and availability of weighing, requiring. SB 133 Investigations or actions brought by Attorney General or district attorney do not require

consumer complaint. HB 1403Insurance agents, contracts prohibiting or restricting selling of insurance after agent leaves

company to be void, with exception. HB 1378 Labor contracts, state, reduction of, allowing, procedures. SIR 8 Lease of land to City of Norman, directing Board of Public Affairs and Department of

Mental Health to execute. SIR 9Oil and gas division order or sales contract, requiring certain information on check stubs.

SB 311Public Competitive Bidding Act, partial payment and retainage on contracts, modifying.

HB 1305

Subject Index 1071

Public consultant and construction contracts to conform to Public Building Construction and Planning Act. SB 305 (smad); HB 1298

Roads and highways, modifying procedures. HB 1027Third Party Prescription Act, creating. Insurance Department to administer. SB 237 Unlawful contracts, (amusement and recreation smde) businesses, certain, exemption from

liability and negligence to customers (for personal liability, smad) deleting. SB 98 Warranties, motor vehicle warranties, compliance, requiring adequate repairs, replacement

or refund under certain circumstances, procedures. SB 140

CONTRIBUTORY NEGLIGENCE (see DAMAGES)

CONVEYANCESAffidavits affecting title to real property, allowing, setting out procedures for filing.

SB 91Incapacitated spouse, procedures for selling, conveying, leasing or mortgaging of

homestead when occurs. HB 1156Zone and regulate, instruments and documents, requiring filing, listing. SB 92

CORPORATION COMMISSIONAppropriations:

Generally. HB 1066Petty cash fund, authorizing, (smad) HB 1066 Reductions in 1982. SB 69

Bond, surety, requiring for Finance Department. HB 1415Coal, Oklahoma produced, to encourage use in state. SR 17Electrical power and energy requirements, projection and reassessments, requiring.

HB 1108Electrical projects, utility companies to report for review. HB 1108 Employees, certain to be unclassified, (smad) HB 1066 Finance Department, requiring surety bond. HB 1415 Gross Production Tax (see REVENUE AND TAXATION)Industrial waste, controlled, management of, deleterious substances from oil and gas

production, removing exclusive jurisdiction from Commission. SB 210 Members, number and term of office, decreasing, providing transition period. SIR 25 Motor carriers (see MOTOR CARRIERS)Oil and gas (see OIL AND GAS)Petty cash fund, authorizing, (smad) HB 1066Public utilities (see UTILITY COMPANIES, GENERATING PLANTS AND

FACILITIES)Railroads, warning signal devices at highway and railroad crossings, regulation of,

deleting Commission. SB 272Rural Telephone Cooperative Act, changing definition of “ rural area.” HB 1031 Telephone companies to provide telecommunication devices to deaf or severely hearing

impaired, directing Commission to design and implement program, requiring to establish rate program and to cooperate with counties. SB 130

Utilities, public (see UTILITY COMPANIES, GENERATING PLANTS AND FACILITIES)

CORPORATIONSArticles of domestication, modifying contents. SB 173

1072 Subject Index

Articles of incorporation, modifying contents and procedures for execution. SB 173 Elections or official duty of state officials, repealing prohibition to influence by

contributions of money or anything of value. SJR 20 Franchise taxes, exemptions, deleting and modifying, (smad) HB 1380 Grain elevators, changing from corporation to cooperative, procedures. SB 273 Income taxes, state:

Adjustments, modifying. SB 7 Returns:

Financial institutions not to be included. HB 1419 Modifying certain dates, providing for extensions. SB 285; HB 1419

“ Invested capital,” defining. SB 173 Merger and consolidation, clarifying procedures. SB 173 Nonprofit corporations:

Articles of incorporation, modifying contents. SB 173 Dissolution, providing procedures. SB 173 Term of existence, increasing. SB 173

Ownership or control information, certain, requiring to provide Department of Human Services upon request (if providing health care services, smad) SB 266

Psychologists, allowing to incorporate with other allied health specialists. SB 67 Religious, educational and benevolent corporations:

Articles of incorporation, modifying contents and execution, providing procedures for change, dissolution and amendment. SB 173

Benevolent, deleting. SB 173Rural Telephone Cooperative Act (see CORPORATION COMMISSION)Securities, investment of, modifying. SB 70 Trade name, clarifying. SB 173

CORRECTIONS, DEPARTMENT OFAppropriations:

Boley correctional facility, (smad) HB 1074 Generally. HB 1074 Reductions in 1982. SB 69 Specific projects. SB 58; HB 1074 (smad)

Board, State Corrections:Industries Board, Private Prison:

Recreating. HB 1200To make recommendations to on prison industries. SB 126

Sentencing Guidelines, Commission on, member to be member. SB 306 Canteens:

Board members to be appointed by Director. HB 1335 Permissive to have, (smad) HB 1335

Communication, wire or oral, officer or employee to monitor when prisoner is party.HB 1385

Community supervision (classification smad) program for (felon smde) (inmates smad), to establish and supervise, (exception, smad) SB 3

Community treatment center in Tulsa, to establish, (smad) HB 1074 Counties to be reimbursed for care of felons. SB 1 County Health Care Revolving Fund, creating. SB 158 Deputy Director, modifying qualifications, (smad) HB 1422

Subject Index 1073

Detention centers, regional, authorizing establishment by Department with assistance of county sheriffs and jail administrators. SB 295

Director:Age, allowing to set maximum for correctional officers entering service. HB 1422 Canteens, to appoint board members. HB 1335 Deputy Director (see Deputy Director, above)Jails, county, city and town, removing jurisdictions over, (smad) HB 1422 Powers and duties, hearing to investigate use of force by employee against inmate,

authorizing panel members. Director to appoint one member. SB 129 District Attorney to report to on offenders sentenced to more than 2 years. SB 286 Employees, hearing board, to investigate use of force by employee against inmate,

authorizing members. SB 129 Felons, to reimburse counties for care. SB 1 Funds:

Continuing funds of the Department, numerous, deleting and transferring to Department Revolving Fund, (smad) HB 1074

Revolving Fund, Department, transferring the funds of numerous continuing funds to. (smad) HB 1074

Health Care Revolving Fund, County, creating, to administer for medical expenses for county prisoners, (smad) HB 1165

Hospital services for inmates of correctional institutions, requiring to pay. SB 158;HB 1217

Industries, prison (see Prisons and reformatories, below)Institutions, correctional, adding Boley and Taft, (smad) HB 1074 Nonviolent (Youthful smde) (Intermediate smad) Offender Act, creating division in

Department. HB 1395Offenders, proper placement, authorizing Department, through its probation and parole

officers, to assist in determination by developing objective criteria for risk assessment. SCR 6

Officers, correctional, allowing Director to set maximum age for entering service.HB 1422

Prison overcrowding, when to request Governor to declare and rescind. SB 2 Prison visits by delinquent children. Director to establish program, requiring. HB 1099 Prisoners (see Prisons and reformatories, below)Prisons and reformatories:

Boley, adding, (smad) SB 305Boley and Taft, adding, (smad) HB 1074Employees, hearing board, to investigate use of force by employee against inmate,

authorizing members. SB 129 Industries, prison:

Board, Private Prison Industries, to make recommendations on prison industries to Board of Corrections. SB 126

Directing Department of Agriculture to purchase office furniture from. SR 16 To be promoted and sell products to state agencies and others. SB 292

Inmates (or escapees smde) damaging state property or committing aggravated assault, (guilty of a felony smde) (to be considered adult, smad) SB 112

New facilities constructed to house individuals convicted under HB 1015 of this session to be built in Tulsa and Oklahoma County, (smad) HB 1015

1074 Subject Index

Prisoners:Communication, wire or oral, officer or employee to monitor when prisoner is party.

HB 1385Community supervision (classification smad) program, (exception, smad) SB 3 Eligibility for service and maintenance work, requirements. HB 1013 Health Care Revolving Fund, County, creating for medical expenses of county

prisoners, (smad) HB 1165Hearing to investigate use of force by employee against inmate, authorizing panel

members. SB 129Inmates or escapees damaging state property or committing aggravated assault, guilty

of a felony. SB 112Minimum sentence to be served after more than one conviction of felony, with

exception, before recommendation for parole. HB 1172 Overcrowding, procedures to be followed. SB 2 Parolees given credit for self-improvement programs. SB 96 Prison Overcrowding Emergency Powers Act, Oklahoma. SB 2 Property, to fill out form as to whom to receive on death. HB 1334 Review of sentencing or probation, to be supplied reports by Department. SB 127 Visits by delinquent children, allowing. HB 1099

Taft and Boley, adding, (smad) HB 1074 Probation and Parole Division, transferring property, records, funds, duties and

employees to Department of Pardon and Parole. SB 131 Risk assessment, authorizing Department to develop. SCR 6 Torts:

Officials not liable for when committed by or against convicted person. HB 1041 State (or political subdivisions smad) not liable if committed against or by convicted

person. HB 1041

CORRECTIONS, STATE BOARD OF (see CORRECTIONS, DEPARTMENT OF, Board)

COSMETOLOGY (see PROFESSIONS AND OCCUPATIONS)

COUNTIES AND COUNTY OFFICERSAd valorem tax, county, authorizing additional for county health department services (to

include indigent health care, smde) requiring election. SIR 24; HJR 1021 Assessor, county:

Assessment, proof of, procedures for forms. HB 1236 Complaints to, extending time, (smad) HB 1169Distribution of funds from motor vehicle registration, modifying, (smad) HB 1236 Office of, creating, to be elective. SIR 15 Reports, providing time for to Tax Commission, (smad) HB 1169

Budget (see County Budget Act, below)Checks, worthless, deleting liability for county officers. SB 83 Clerk, county:

Liens, mechanics’ and materialmen’s, procedures, modifying. SB 119 Platting, authorizing correcting of certain errors and defects, procedures. HB 1356

Commissioners:County Primary Road Improvement Act, creating, providing responsibility and duties of

commissioners. SB 138

Subject Index 1075

Courtroom and related facilities of district courts, (directing smde) (allowing smad) Commissioners to provide in certain cities. SB 256

Districts, commissioners’, reapportionment, modifying time limitation and providing penalties, (allowing district courts to reapportion after deadline on request, smad, smde) HB 1208

Elections (see Election boards, below)Enterprise District Management Authority, authorizing. SB 90 Enterprise districts, bond elections, authorizing to conduct. SB 90 Enterprise Zone Act, creating. SB 90 Fireworks, allowing regulation. SB 196 Lease-purchase (see Roads and bridges, below)Tax roll corrections, county board of (see below)Rural Roads Inventory Act, Oklahoma, creating. SB 262Rural Roads Study Committee, creating for each county, to appoint members, reports.

SB 262Counties, Fund for Reimbursement of, funding. SB 26 County assessor (see Assessor, county, above)County Bar Association, prearraignment release, authorizing, procedures. HB 1016

(smad); HB 1017 County Budget Act:

County budget board:Definition of county officer, adding secretary of the county election board. SB 143 Unlawful acts and liabilities, clarifying. SB 143

County Government Personnel Education and Training, Commission on, funding, (smad) HB 1085

County Officer Training Program, funding, (smde) HB 1085Dispute Resolution Act, creating, authorizing establishment of mediation services.

HB 1136District attorneys (see DISTRICT ATTORNEYS, OFFICES OF)District courts (see COURTS)Districts, county commissioner, reapportionment of, modifying time limitation, penalties,

(allowing district courts to reapportion after deadline on request, smad, smde) HB 1208 Election boards:

Candidates (see ELECTIONS)Campaign Finance and Reporting Act, Oklahoma, creating. SB 261Campaign Finance Fund, Oklahoma, creating. SB 261Election Law Enforcement Commission, Oklahoma, creating. SB 261Enterprise districts, bond elections, authorizing Commissioners to conduct. SB 90Hearings, providing for constructive service. SB 321Per diem, increasing. SB 321Records, retention. SB 321Resignation of disqualified employees. SB 321School elections (see ELECTIONS)Secretaries to be county officers. SB 143Special elections to fill vacancies of county commissioners, authorizing State Election

Board to reimburse counties, (smad) SB 30 Voting machines:

Charge for use in certain elections, (smad) SB 30 Use, to be in all elections where authorized, (smad) SB 30

1076 Subject Index

Employees:Definition, general, expanding to include public trust employees, (smad) HB 1331 Retirement System, County Employees’, counties of 300,000 or more (see

RETIREMENT SYSTEMS)Enterprise Zone Act, creating. SB 90 Equalization, boards of:

Meetings, changing dates. HB 1169Member to be appointed by State Superintendent of Public Instruction. HB 1084 Tax roll corrections, boards of, to assume duties. SB 291

Excise, boards of:Appropriations, temporary, increasing amount. SB 124Member to be appointed by State Superintendent of Public Instruction. HB 1084

Fire Protection Districts (see FIRE PROTECTION DISTRICTS)Fiscal year, modifying dates. SB 214Health Care Revolving Fund, County, creating. SB 158Health department, county, authorizing additional ad valorem tax levy for provision of

certain services (including indigent health care, smde) requiring election. SIR 24;HJR 1021

Horse racing, funds to be distributed to. (smad) HB 1022 Hospitals, county, exempt from county purchasing requirements. HB 1272 Indebtedness for certain projects, allowing and providing for repayment. SIR 28 Jails (see JAILS)Law Enforcement Fund, County, creating and funding. SB 4 Lease-purchase (see Roads and bridges, below)Liability for worthless checks deposited in accounts, deleting for county officers. SB 83 Metropolitan Area Planning Commissions for certain counties, modifying population

requirements for participation. SB 302Nursing homes, county, exempt from county purchasing requirements. HB 1272 Oklahoma County Housing Agency (see PROPERTY, Mortgage bonds)Planning and zoning commissions for certain counties, modifying population requirements

for participation. SB 302 Prearraignment release (see Sheriffs, below)Property assessments, reimbursement for lost revenues, funding. SB 26 Public trusts employee contracts, allowing benefit plans, (smde) HB 1331 Purchasing agent, county:

Blanket purchase orders, purchases, bidding not required, modifying requirements.HB 1272

Nursing homes or county hospitals, exempt from county purchasing requirements.HB 1272

Purchases, certain, raising maximum amount without bidding. SB 258 Receiving officer of goods, person delivering not required to acknowledge. HB 1272 Rental or lease-purchase agreements, raising maximum total amount without bidding.

SB 257Requisition, who may sign, procedures concerning. HB 1272

Retirement Systems (see RETIREMENT SYSTEMS)Roads and bridges:

Bond, contractor’s, modifying procedures. HB 1027Bonds, Road Improvement, modifying procedures and increasing certain percentages.

HB 1317

Subject Index i o n

County Primary Road Improvement Act, creating. SB 138 County Primary Road Improvement Fund, creating. SB 138 County Road Machinery and Equipment Revolving Fund, to receive revenue from

additional gasoline taxes. SB 329; HB 1424 Improvement Fund, Bridge, excess of funds to be deposited to, limiting, (smad) SB 69 Improvements, road:

Assessments, interest and penalties, increasing certain percentages. HB 1317 Bonds, road improvement, modifying procedures and increasing certain percentages.

HB 1317Procedures, general modification. HB 1317

Lease-purchase of machinery and equipment, allowing under certain circumstances, (limiting interest, smde) (smad) HB 1272

Rural Roads Inventory Act, Oklahoma, creating. SB 262Rural Roads Study Committee, creating for each county, county commissioners to

appoint members, reports. SB 262 Sales tax, providing procedures for levying. HB 1018; HB 1419Sales tax, state, revenue from on sale of gasoline, motor fuel, diesel fuel and special fuel,

authorizing apportionment and expenditure. SB 151 Senior citizens’ centers (and programs smad), to be maintained if increase in ad valorem

tax voted. HJR 1011 Sheriffs:

County Sheriffs Fund, creating and appropriation. SB 164Court costs, certain, to be deposited to sheriff’s department. HB 1187 (smad); HB 1393

(smad)Crime reporting system, uniform, changing from quarterly to monthly report, penalties.

SB 157Detention centers, regional, to assist Department of Corrections in establishing. SB 295 Fees:

For service, increasing. SB 308 (smad); HB 1187 (smad)Service of papers, to be deposited to (sheriff’s department smde) (County Law

Enforcement Fund, smad) (increasing smad) fee. (smad) HB 1187 Petroleum products, certain, transporters of, allowing inspection of invoices or load

tickets. SB 181Prearraignment release, authorizing certain, procedures. HB 1016 (smad); HB 1017Report of certain offenses, establishing, penalties. SB 157Service of papers, fee (increasing smad), to be deposited to sheriff’s department.

(smad) HB 1187Sludge disposal and sludge disposal sites, establishing prohibitions. SB 233 Tax increment allocation districts of cities and towns, designating duties of certain county

officers, (smad) HB 1212 Tax roll corrections, county boards of:

Equalization boards to assume duties. SB 291 Repealing. SB 291Requiring to furnish recipients of ad valorem tax money certain information prior to

hearing by board, and allowing recipients right to appear before board. SB 270 Telephone companies to provide telecommunications devices to the deaf or severely

hearing impaired, requiring and assuring compatibility with county emergency information relay equipment. SB 130

Tort Claims Act, Oklahoma (see CIVIL PROCEDURE, Torts)

r1078 Subject Index

Treasurer:Ad valorem, sale of property for delinquent, modifying fees and (notice, smde)

HB 1265Motor Vehicle Forfeiture Fund, to establish for proceeds from sale. SB 152 Revenue from licensing and registration of motor vehicles, deposits to sinking fund,

allowing discretion, (smad) HB 1104Tulsa County Home Finance Authority (see PROPERTY, Mortgage bonds)

COUNTY BUDGET ACT (see COUNTIES AND COUNTY OFFICERS)

COUNTY COMMISSIONERS (see COUNTIES AND COUNTY OFFICERS, Commissioners)

COUNTY EXCISE BOARDS (see COUNTIES AND COUNTY OFFICERS, Excise Boards)

COUNTY GOVERNMENT PERSONNEL EDUCATION AND TRAINING, COMMISSION ON (see COUNTIES AND COUNTY OFFICERS)

COUNTY JA IL IMPROVEMENT FUND (see JAILS)

COUNTY PRIMARY ROAD IMPROVEMENT ACT (see COUNTIES AND COUNTY OFFICERS, Roads and Bridges)

COURTSAdministrative Director of the Courts:

Bail, to give report on to Insurance Commissioner under certain circumstances.HJR 1024

Dispute Resolution Act, to promulgate rules and regulations and administer. HB 1136 Foster Care Review Advisory Board, to act as clerk. HB 1228 Funds for staff and administrative support for Foster Care Review Boards, to provide.

HB 1228Passports, processing of by district court clerks, requiring clerks file written election

with Director, (smad) HB 1231 Appeals, Court of:

Appropriations, generally. HB 1048 Reorganization, procedures. SB 167

Bail (see BAIL)Competency of accused (see CRIMINAL PROCEDURE)Costs:

Domestic Abuse Act, Protection From (see CRIMINAL PROCEDURE, Victims) Driving under influence of alcohol or other intoxicating substance, establishing costs for

conviction of. HB 1393 Increasing:

Civil actions, (exceptions for indigents, smad) HB 1187; HB 1393 (smad)Criminal actions. SB 4 (smde); HB 1187; HB 1393 (smad)

Juvenile court costs, providing, procedures of disbursement. HB 1430 Court clerk, district:

Capital cases, directing all procedures in murder cases with death sentence be expedited. SR 13

Subject Index 1079

Passports:Requiring clerk to file written election with Administrative Director of Courts to file

passports, (smad) HB 1231To collect fees and deposit in (General Revenue Fund of state, smde) (county general

fund, smad) HB 1231To process and deposit fees in court fund. SB 178; SB 308 (smad)

Court clerk, other than district, juvenile court costs to charge. HB 1430 Court fund:

Juvenile court costs, to receive, with exceptions. HB 1430Witnesses in criminal cases testifying in other than county of residence to be paid travel

expense from county of testimony. HB 1224 Court reporter, district, capital cases, directing all procedures in murder cases with death

sentence be expedited. SR 13 Criminal Appeals, Court of:

Appropriations:Generally. HB 1049 Reductions in 1982. SB 69

Capital cases, directing all procedures in murder cases with death sentence be expedited, annual report to Senate. SR 13

Fees, increasing certain, (smad) HB 1393 Review of sentencing or probation within limited time. SB 127 Rules for determining when defendant in criminal case is entitled to court-appointed

attorney paid for by Court Fund, to establish. HB 1187 (smad); HB 1393 (smad) Discovery Code (see CIVIL PROCEDURE)Dismissal of civil actions, providing procedures and repealing. HB 1315 Dispute Resolution Act, creating. Administrative Director of the Courts to promulgate

mles and regulations and to administer. HB 1136 District Courts:

Adoption (see CHILDREN)Appropriations:

Generally, office of. HB 1046 Reductions in 1982. SB 69

Clerk (see Court clerk, district, above)County commissioners, reapportionment of after deadline upon request, (smad, smde)

HB 1208County equalization and excise boards member, judges no longer to appoint. HB 1084 Courtroom and related facilities, (directing smde) (allowing smad) county

commissioners to provide in certain cities. SB 256 Custody of minor unmarried children, rights and procedures, modifying and repealing.

HB 1141Discriminatory practice, aggrieved person may file action in court in lieu of filing

complaint with Human Rights Commission, under certain circumstances. HB 1245 Domestic Abuse Act, Protection From (see CRIMINAL PROCEDURE, Victims) Electrical inspector, to present violator cases. SB 280 Fees, increasing, (smad) HB 1393 Judicial administrative districts:

Adding District 6 to Southwestern District, (smad) HB 1404 Modifying. HB 1404, (smad)

Judicial districts, modifying districts. SB 296; HB 1404

1080 Subject Index

Reporter (see Court reporter, district, above)Review of sentencing or probation within limited time. SB 127 State employees, discharge, suspension or demotion of, limiting appeals, (exception,

smad) SB 128Divorce (see CIVIL PROCEDURE)Evidence:

Defining, (smad, smde) SB 179Interrogatories to parties, limiting, allowing judicial discretion. SB 134 Seized in violation of constitutional rights, not to be suppressed unless violation was

substantial and not in good faith; providing standards. SB 243 Suppression of, limiting, procedures, (smad) SB 179

Exhibits, disposition of, in criminal cases, including those held in custody of the state.SB 179

Foster Care Review Advisory Board, creating, providing membership and duties.HB 1228

Foster Care Review Boards, Local:Appropriation. HB 1048Reviews, modifying procedures. HB 1228

Frivolous or without merit action or counterclaim, authorizing court to dismiss and award costs and attorney fees. HB 1319

Garnishment:Garnishee summons, modifying procedures. SB 93 Procedures and forms, limitation hearings. SB 88

Insanity:Acquittal by reason of, directing defendant remain in custody of Department of Mental

Health for certain period, court must approve release. HB 1360; HB 1396 (smad) Interrogatories to parties, limiting, allowing judicial discretion. SB 134 Judges and Justices (see JUDGES AND JUSTICES)Judgments, interest on, by courts of record:

Decreasing. SB 86 Increasing, (smad) HB 1316 Modifying. HB 1316

Judicial administrative districts (see District Courts, above)Judicial Nominating Commission, appropriation. HB 1048 Judiciary, Court on the, appropriation. HB 1048 Jurors:

Guilt or innocence, to only decide, except in first degree murder. SB 330 Sentencing, court to decide except in first degree murder. SB 330

Law Enforcement Officers Training Fund (see LAW ENFORCEMENT OFFICERS)Law libraries. Law Library Fund, transfer of certain funds, deleting. HB 1187 (smad);

HB 1393 (smad)Legal notices (see LEGAL NOTICES)Mentally ill, (alcohol-dependent or drug-dependent smad) persons, appearing to be,

procedures for confinement after being in protective custody, (smad) SB 62 Municipal courts:

Driving under influence of alcohol or other intoxicating substance, costs for conviction of, certain amount to be paid to municipality. HB 1393

Electrical inspector, to present violator cases to. (smad) SB 280 Increasing limits of fines and allowing certain costs, (smad) SB 176

Paternity (see CHILDREN)

Subject Index 1081

Probate procedure (see PROBATE PROCEDURE)Public defender, appellate public defender, capital cases, directing all procedures in

murder cases with death sentence be expedited. SR 13 Searches and seizures:

Aggrieved party actions, providing, (smad, smde) SB 179 Unlawful, admissibility or suppression of evidence, procedures, (smad) SB 179

Small Claims Court:Fees, increasing, (smad) HB 1393Increasing maximum amount for consideration. HB 1002; HB 1187 (smad); HB 1393

(smad)Supreme Court:

Appropriations:Court information system, (smad) SB 58 Generally. HB 1048 Reductions in 1982. SB 69

Ballot titles for initiative and referendum measures, directing Court to approve only those written simply and clearly. SIR 7

Chief Justice:Children and Youth, Commission on, to report on implementation of services to

exceptional children, (smde) HB 1271Sentencing Guidelines, Commission on, to appoint judges to be members. SB 306 To appoint one panel member for hearing to investigate use of force by employee of

penal institution against inmate. SB 129 Dispute Resolution Act, rules and regulations, to approve. HB 1136 Districts (see Judicial districts, below)Fees, increasing, (smad) HB 1393Judgments, additional cash may be requested. HB 1040Judicial districts, boundaries of, designating new and repealing old. SB 251Juveniles, court costs, disbursement, to approve. HB 1430Reapportionment of districts (see Judicial districts, above)Review of sentencing or probation within limited time. SB 127 Sentencing alternatives, authorizing and encouraging Court to provide education on to

judiciary. SCR 6Tax Review, Court of, appropriation. SB 25Witnesses, medical expert, establishing qualifications, (smde) SB 81Workers’ Compensation Court (see WORKERS’ COMPENSATION)

CREDIT (see CONSUMER CREDIT CODE)

CREDIT UNIONSBoard, Credit Union, members, limiting civil liability. HB 1098 Excise tax, levying. HB 1380 (smde); HB 1419 (smde)Financial institution, defining as. HB 1380 (smde); HB 1419 (smde)CRIM E COMMISSION, OKLAHOMA (see ECONOMIC AND COMMUNITY

AFFAIRS, DEPARTMENT OF)

CRIM E VICTIMS COMPENSATION BOARDAppropriation. HB 1052CRIMES AND PUNISHMENTSBeer (see INTOXICATING LIQUORS, Beer)

1 0 8 2 Subject Index

Bingo (see BINGO)Bogus checks, fraud, increasing dollar amounts for felony. SB 8 Children (see CHILDREN, specific subject)Contamination of food, drink or medicine, increasing penalty. HB 1007 Controlled dangerous substances, robbery or attempted of, penalties. SB 94 Embezzlement, withholding tax, failure to remit, (smde) HB 1419 Escape, whether trusty or actually confined, clarifying. HB 1165 Explosives used in mining, repealing prohibition of use near schools and churches.

HB 1004 Felony crimes:

Fines, increasing certain. SB 195Horse racing, relating to, specifying. HB 1022Property, state, damage to or aggravated assault, committed by inmate (or escapee of

penal institution smde) or facility for delinquent children (to be considered adult, smad) SB 112

Sawed-off shotguns and rifles not be carried by convicted felons. SB 276 Fines, increasing. SB 195 Firearms (see FIREARMS)Fraud:

Bogus checks, increasing dollar amounts for felony. SB 8 Fraud, trick or deception and larceny, against certain property, increasing dollar

amounts for felony. SB 8Property, crimes against, to include services. HB 1116 Services, to be included as a crime against property. HB 1116

Housebreaking, intent, without intention to commit crime in dwelling shall be guilty of misdemeanor, defining dwelling. SB 277

Larceny, cable television services, larceny of, expanding statute and increasing penalties, (providing exception on allowing to file suit, smad, smde) SB 161

Littering (see Misdemeanors below)Misdemeanors:

Commercial truck licensing and registration, certain violations. HB 1132 Fines, increasing. SB 195Housebreaking without intention to commit crime in dwelling, to be guilty of

misdemeanor, defining dwelling. SB 277 Littering:

Motor vehicle operator liable. HB 1014Penalty, allowing litter pick up in lieu of fine and imprisonment. HB 1014

Prearraignment release, authorizing certain. HB 1017 Obscene materials:

Electronic video game or recording, adding. HB 1035 Motion pictures, including certain. HB 1035

Oilfield equipment, prohibiting defacing serial number or possession of equipment defaced, repealing penalty. SB 139

Rape, resistance, deleting requirement. HB 1080Religious exception for medical care of child, (deleting, smde) (with exception, smad)

HB 1082; HB 1227Robbery or attempted of controlled dangerous substances, penalties. SB 94Sawed-off shotguns and rifles not to be carried by felons. SB 276Slot machines, authorizing possession of certain if not used for gambling. HB 1364

Subject Index 1083

Trespassing:After being forbidden, modifying, increasing fine and defining “ posted.” SB 206 Prohibiting, (smad) HB 1118

Trustee, as well as actually confined, can be guilty of escape. HB 1165 Weapons, wearing of, requiring security guards to be trained. HB 1103

CRIMINAL JUSTICE, CENTER FORAppropriations:


CRIMINAL PROCEDUREArrests, warrants, modifying procedures by arresting officer, (smad) SB 179 Bail (see BAIL)Bogus Check Restitution Program Fund (see DISTRICT ATTORNEYS)Children operating motor vehicle when crime committed, age to be considered adult.

SB 61Compensation for victims (see Victims, below)Competency of accused determination:

Application by court, modifying, and allowing appointment of private counsel to replace district attorney when necessary. HB 1337

Disposition of case after determination, modifying. HB 1337 Court costs, increasing, (smde) SB 4 Domestic Abuse Act, Protection From (see Victims, below)Evidence:

Defining, (smad, smde) SB 179Seized in violation of constitutional rights, not to be suppressed unless violation was

substantial and not in good faith; standards. SB 243 Suppression of, limiting, procedures, (smad) SB 179

Exhibits, disposition, including those held in custody of the state. SB 179 Fees, providing for flat fee in all criminal cases. SB 308 Felons, nonviolent, to serve nights and weekends, at discretion of judge. SB 1 Incarceration, night or weekend, judge to decide, on nonviolent felony. SB 1 Insanity, acquittal by reason of, directing defendant remain in custody of Department of

Mental Health for certain period, court must approve release. HB 1360; HB 1396 (smad)

Limitations on commencement of prosecutions, providing statute of limitations period for criminal conspiracy (and certain crimes against children, smad) SB 182

Misdemeanors, prearraignment release (see Prearraignment release, below)Motor vehicles, children operating when crime committed, age to be considered adult.

SB 61Nonviolent (Youthful smde) (Intermediate smad) Offender Act, creating. HB 1395 Parolees, to serve minimum term for felony after more than one conviction, with

exception. HB 1172Prearraignment release, authorizing certain, procedures. HB 1016 (smad); HB 1017 Pretrial release program, allowing cities and counties to establish and maintain. HB 1016 Probation, review of within limited time. SB 127 Restitution of victims (see Victims, below)Return of property to owner after being in custody of peace officer procedures. SB 287 Review of sentencing or probation within limited time. SB 127

1084 Subject Index

Searches and seizures:Aggrieved party actions, providing, (smad, smde) SB 179 Unlawful, admissibility or suppression of evidence, procedures, (smad) SB 179

Sentencing:Court, limiting to, except in first degree murder. SB 330 Review of within limited time. SB 127Sentencing Guidelines, Commission on, creating, prescribing membership, powers and

duties, requiring report to Legislature. SB 306 Sentencing Reform Act of 1983, creating. SB 306

Statute of limitations, including criminal conspiracy (and certain crimes against children, smad) SB 182

Stolen property, custody of peace officer, reasonably believed to be or alleged, procedures for remrn. SB 287

Victims:Domestic Abuse Act, Protection From:

Court costs and filing fees, to be required and charged to plaintiff; court may apportion between parties at hearing on petition, (smad) HB 1187

Ex parte orders, (emergency, smde) modifying procedures. SB 103 Protective orders and ex parte orders, content and distribution instructions,

modifying; establishing statewide validity. SB 103 Restitution of victims:

Agency other than Corrections Department to oversee at direction of court. HB 1234 Interest to be charged. HB 1234

Warrants for arrest, modifying procedures by arresting officer, (smad) SB 179 Witnesses:

Residence not in county of testimony to be paid travel expense from court fund of county where testifying. HB 1224

State, allowing for order to examine conditionally under certain circumstances.HB 1224

CUMMINS, SENATOR DON J.Condolences. SR 10

DAMAGE CLAIMS AGAINST THE STATE (see SUIT AGAINST THE STATE, AUTHORIZING)

DAMAGESContributory negligence, limiting liability to percentage of negligence. SB 211 Petitions for recovery of damages for injury or death against physician, health care

provider or hospital, modifying contents and procedures. HB 1293 Products liability action:

Comparative negligence rules to be used. SB 275 Defining. SB 275

DATA CENTER, STATE (see ECONOMIC AND COMMUNITY AFFAIRS, DEPARTMENT OF)

Subject Index 1085

DATA PROCESSING PLANNING AND MANAGEMENTFunds to be deposited in General Revenue Fund. SB 65; HB 1397 (smad)Information Systems Planning Agency:

Agencies, state, all to be under for data processing. SB 65 (smad); SB 282 (smad, smde); HB 1397

Appropriations. SB 65 (smad); SB 282 (smad, smde); SB 305 (smad, smde); HB 1397 Committee, Planning and Development Advisory, creating. Governor to appoint. SB 65

(smad); SB 282 (smad, smde); HB 1397 Creating. SB 65 (smad); SB 282 (smad, smde); HB 1397Director to be appointed by Governor. SB 65 (smad); SB 282 (smad, smde); HB 1397

Mental Health, Department of, exempting from provisions of act. (smde, smad) SB 282 Supreme Court, computer software and development. HB 1048 Tax Commission, services. SB 26 Tourism and Recreation Department, appropriation. SB 41Transportation Department, Division of Data Processing Services, to supply state agencies

with service. SB 65 (smad); SB 282 (smad, smde); HB 1397

DAVIS, J .M ., MEMORIAL COMMISSIONAppropriations:


DAYS, MONTHS AND YEARS, SPECIALBible, 1983 to be Year of the, in Oklahoma. HCR 1022“ Clean is Beautiful Month” (see “ CLEAN IS BEAUTIFUL MONTH” )holidays (see HOLIDAYS)“ Kick the Litter Habit Day” (see “ KICK THE LITTER HABIT DAY” )Tourism and Recreation Industry Appreciation Month, Oklahoma, creating. SCR 15

DEAFMental Health (see MENTAL HEALTH, DEPARTMENT OF)Telephone companies to provide telecommunications devices to the deaf or severely

hearing impaired, requiring. SB 130

DEAF AND HEARING IMPAIRED, OKLAHOMA COMMISSION ON THEMental health care plan, to devise in cooperation with Department of Mental Health.

HCR 1010

DEAF, OKLAHOMA SCHOOL FOR THE (see HUMAN SERVICES, DEPARTMENT OF)

DEATH SENTENCESCapital cases, directing all procedures in murder cases with death sentence be expedited.

SR 13

DEC A (see ECONOMIC AND COMMUNITY AFFAIRS, DEPARTMENT OF)

DEFAMATION (see CIVIL PROCEDURE)

1086 Subject Index

DEFINITIONS AND GENERAL PROVISIONSHolidays:

Dr. Martin Luther King, Jr. Birthday on January 15th, designating. SB 246 Youth Day, changing date. SB 108

Human Rights Commission (see HUMAN RIGHTS COMMISSION)Newpapers for publication of legal notices, qualifications, modifying. HB 1115 Open Meeting Act (see OPEN MEETING ACT)

DENTAL PLAN ACT, PREPAID (see INSURANCE)

DEPOSITORY BOARD, STATERecreating. HB 1207

DISPUTE RESOLUTION ACT (see CIVIL PROCEDURE)

DISTRICT ATTORNEYS, OFFICES OFAppropriations:

Generally, (smad) SB 69 Reductions in 1982. (smad) SB 69

Bogus Check Restitution Program Fund, expanding usage of funds. HB 1233 Competency of accused (see CRIMINAL PROCEDURE)Consumer Protection Act (see CONTRACTS)Insanity defense, requiring defendant to give court and district attorney certain notice,

(requiring examination, smad) HB 1396 Needs, estimate of, to file each year. HB 1409Purchasing, procedures to be in compliance with county purchasing. HB 1409 Report on offenders sentenced to more than two years, to be given to Department of

Corrections and Pardon and Parole Board. SB 286

DISTRICT ATTORNEYS TRAINING COORDINATION COUNCILAppropriation. HB 1052Child Support Enforcement Act, to establish and maintain, Human Services Department

employees to transfer to. HB 1079Child Support Escrow Fund, creating for child support payments received. HB 1079 District Attorneys offices needs, to certify. HB 1409 Forms for District Attorneys’ reports on offenders, to provide. SB 286 Sentencing alternatives, authorizing and encouraging Council to provide education on to

district attorneys and assistant district attorneys. SCR 6

DISTRICT OF COLUMBIARatifying amendment to United States Constitution to grant representation in Congress.

SJR 2

DIVERSBuoys and flags, marking, modifying requirements. SB 116

DIVORCE (see CIVIL PROCEDURE)

DOMESTIC ABUSE ACT, PROTECTION FROM (see CRIMINAL PROCEDURE, Victims)

Subject Index 1087

DOMESTIC VIOLENCE VICTIMS SHELTER PROGRAMS (see MENTAL HEALTH, DEPARTMENT OF)

DRIVER’S, OPERATOR’S, CHAUFFEUR’S LICENSE (see MOTOR VEHICLES)

DRUG TREATMENT AND REHABILITATION AUTHORITY (see MENTAL HEALTH)

DRUGS AND MEDICINES (see also NARCOTICS AND DANGEROUS DRUGS CONTROL, BUREAU OF)

Children under influence may be taken into custody. SB 113 Contamination of food, drink or medicine, increasing penalty. HB 1007 Driving under influence of drugs (see MOTOR VEHICLES, Driver’s, operator’s,

chauffeur’s licenses)Insurance policies, health, to cover drug dependency treatment. SB 281

DRUNK DRIVER (see MOTOR VEHICLES)

DUNGEE, ROSCOEPortrait in State Capitol, requiring, (smde, smad) HJR 1017

ECONOMIC AND COMMUNITY AFFAIRS, DEPARTMENT OF (DECA)Appropriations:

Community Development Block Grant Services, (smde) HB 1328 Community Services Block Grant Services, (smde) HB 1328 Generally. HB 1085 Reductions in 1982. SB 69 Specific projects, (smad) SB 58

Audits, to contract. HB 1085Central State University, Director of Governmental Services Bureau in Department of

Political Science, allocation of funds, (smad) HB 1085 Community development, funding. HB 1085Crime Commission, Oklahoma, jails, inspection standards for, deleting promulgation by

Commission. HB 1321 Data Center, State, funding. HB 1085Entities, other, expenditures, limiting amounts without Department negotiating contract.

HB 1085Federal Assistance Management, Office of, procedures and duties. HB 1188 Grant-In-Aid Clearinghouse, State, funding. HB 1085 Housing task force, directing establishment, (smde) HB 1328Juvenile Detention Improvement Revolving Fund, eliminating local matching requirement,

(smad) SB 58Juvenile Personnel Training Program, Oklahoma University, funding. HB 1085 McGee Creek Program, funding. HB 1085 Substate planning districts, funding. HB 1085 Tick eradication program, funding. HB 1085

1088 Subject Index

ECONOMIC DEVELOPMENT, DEPARTMENT OFAppropriations:

Generally. SB 45Kerr Industrial Applications Center. SB 45 Reductions in 1982. SB 69Science and Technology, Oklahoma Council on. (smad) SB 45

Enterprise District Management Authorities, Department to provide certain comments and recommendations. SB 90

EDUCATION (see EDUCATION, BOARD OF; EDUCATION, BOARDS OF; EDUCATION, DEPARTMENT OF; HIGHER EDUCATION; SCHOOLS; TEACHERS; or specific subject)

EDUCATION, BOARD OF, STATEAppropriations:

Generally. HB 1179 Reductions in 1982. SB 69 State Aid, supplemental. SB 328 Stipends for teachers, (smad) SB 69

Day schedule, extended, to establish criteria, (smad) HB 1179 Emergency Revolving Fund, Statewide Education, creating, (smad) (smde) SB 69 Fiscal year, modifying dates. SB 214Human Services, Department of. School for the Deaf and School for the Blind to share in

State Aid, Department to pay and promulgate rules and regulations. HB 1264 Salary report on minimums, to compile, (smad) HB 1179 State Aid, to make adjustments. SB 69

EDUCATION, BOARDS OFEducational Employment Relations Act, creating, (smde) SB 188 Elections (see ELECTIONS, Sehool elections)Employees related to members, modifying employment, extending. SB 123 Fiscal year, modifying dates. SB 214Independent school districts, candidate filing dates, modifying. SB 203 Members, election of, exempting from Oklahoma Campaign Finance and Reporting Act.

SB 261Membership of dependent districts, increasing, procedures. SB 11 Powers and duties, modifying. SB 229Property no longer needed, expanding methods of disposal, (smad) HB 1215 Prospective employees, allowing travel (and other related smad) expenses for (sponsored

smad) visits to school district. HB 1215 Rules and regulations, modifying. SB 229Travel (and other related smad) expenses of prospective employees for (sponsored smad)

visits to the school district, allowing. HB 1215 Vocational and Technical Area School Districts (see VOCATIONAL AND TECHNICAL

AREA SCHOOL DISTRICTS)

EDUCATION, DEPARTMENT OF, STATEAppropriation, Education Block Grant Services, (smde) HB 1328 Children, exceptional, delivery of related services to, procedures, (to coordinate and

report to Legislature, smad) HB 1271

Subject Index 1089

Fiscal year, modifying dates. SB 214

EDUCATIONAL EMPLOYMENT RELATIONS ACTCreating, (smde) SB 188Education Employment Relations Commission, creating, (smde) SB 188

EDUCATIONAL TELEVISION AUTHORITY, OKLAHOMAAppropriations:


Emergency Fund, Governor to transfer funds from, to repair transmission line damaged by windstorm. HCR 1019

Executive Director, defining, providing appointment and duties. HB 1185Human Services, Department of, to transfer television equipment, (smad, smde) SB 46Per diem, providing. HB 1185Recreating. HB 1185Terms, members, shortening. HB 1185

ELECTION BOARD, SECRETARY OF THE STATEAppropriations:


Hearings, providing for constructive service. SB 321Members, to be appointed by Governor with advice and consent of Senate. SB 69 (smad);

SB 213Records, retention. SB 321Service agent for constructive service, no longer to be. SB 321Special elections to fill vacancies of county commissioners, certain, authorizing Board to

reimburse counties, (smad) SB 30

ELECTION BOARDS, COUNTY (see COUNTIES AND COUNTY OFFICERS)

ELECTION LAW ENFORCEMENT COMMISSION, OKLAHOMACreating. SB 261

ELECTIONSAbsentee ballots (see Ballots, below)Ballot titles (see Initiative and referendum, below)Ballots:

Absentee:Application, time. SB 321 Time of counting, changing. HB 1094

Exemptions on distinguishing marks not to be counted, repealing. SB 321 Watcher of ballot counting, changing date of filing commission. SB 321

Board, State Election (see ELECTION BOARD, SECRETARY OF STATE)Campaign contributions and expenditures (see CAMPAIGN CONTRIBUTIONS AND

EXPENDITURES)Campaign Finance and Reporting Act, Oklahoma, creating. SB 261 Campaign Finance Fund, Oklahoma, creating. SB 261

1090 Subject Index

Campaign material, requirements for certain information. HB 1042 Candidates:

Recourse options. SB 321 Withdrawal, procedures. SB 321

Constitutional amendments (see CONSTITUTION, OKLAHOMA, AMENDMENT OF) Contests of noncandidate, procedures. HB 1142Corporations, repealing prohibition to influence elections or official duty by contributions

of money or anything of value. SIR 20 County Assessor, to be elective, constitutional amendment. SIR 15 Election Law Enforcement Commission, Oklahoma, creating. SB 261 Enterprise districts, bond elections, authorizing. SB 90 Fire ftotection Districts, members, modifying time. SB 234 Hearings, providing for construction service. SB 321 Intiative and referendum:

Ballot titles:Approval, directing Attorney General and Supreme Court to approve only those

written simply and clearly. SJR 7 Basic words to be used. HB 1176 Legal publication, funding. SB 23Secretary of State to write and submit to Superintendent of Public Instruction for

certification, then to President Pro Tempore, Speaker and Attorney General.HB 1176

Initiative or referendum petitions, when passed by vote of people not to be amended for certain period of time except by two-thirds vote of both Houses. SJR 6

Material, campaign, requirements for certain information. HB 1042.Nominees, death of, procedures to be followed for replacement. SB 321 Noncandidate:

Allowing. HB 1142Contest of, support of correctness and recounts, procedures. HB 1142

Pari-mutuel for counties, horse racing procedures. HB 1028 Petition for support of correctness of noncandidates, procedures. HB 1142 Presidential Electors, to be paid from Governor’s funds. SB 321 Recounts:

Fee, increasing. SB 321 Noncandidates, procedures. HB 1142 Service, constructive, changing time. SB 321

School elections:Campaign Finance and Reporting Act, Oklahoma, exempting members of boards of

education. SB 261Group health, dental and life insurance plans for school employees, to determine

participation, (smad) SB 162 School districts, independent:

Boards of education:Campaign Finance and Reporting Act, Oklahoma, exempting members of boards

of education. SB 261Candidates filing dates, modifying. SB 203

Special elections, death of nominees, procedure for calling. SB 321 Voting:

Assistance, allowing under certain circumstances and procedures, (smad) SB 321

Subject Index 1091

Machines:Charge for use in certain elections, (smad) SB 30 Repair, allowing watchers during period of election, (smad) SB 321 Use, to be in all elections where authorized, (smad) SB 30

Watcher of ballot counting, changing date of filing commission. SB 321

ELECTRICAL CODESInspector, electrical, city, county or metropolitan area to present cases to district (or city

smad) court and not to have arrest powers. SB 280

ELECTRONIC VIDEO GAME (see CRIMES AND PUNISHMENTS, Obscene materials)

ELEVATORSFreight, repealing inspection and safeguarding. HB 1339

EMBALMERS AND FUNERAL DIRECTORS (see PROFESSIONS AND OCCUPATIONS)

EMERGENCY VEHICLESCivil defense (see CIVIL DEFENSE, OFFICE OF)

EMINENT DOMAINApplication, expanding to include private and corporate funds. HB 1131 Policies for acquiring property, modifying and adding certain. HB 1131.Regaining of property by owner, authorizing. HB 1131Reimbursement of owner for expenses after property acquired, requiring reimbursement to

accompany payment of the award. HB 1131 Reversion of property to owner, authorizing. HB 1131

EMPLOYEE RETIREMENT INCOME SECURITY ACTMemorializing Congress to let states regulate. SR 11

EMPLOYEES, STATE (see STATE GOVERNMENT, Employees and officers)

EMPLOYMENTPreference to be given to Oklahoma residents when agencies, commissions or boards are

hiring. SR 20

EMPLOYMENT SECURITY ACT (see LABOR)

EMPLOYMENT SECURITY COMMISSIONEmployees, increasing allowable. SB 69 (smad); HB 1262 Enterprise zones, designation of, by Commission. SB 90

ENERGYSouthwest Regional Energy Council, funding assessment. HB 1044

ENGINEERS AND LAND SURVEYORS (see PROFESSIONS AND OCCUPATIONS)

1092 Subject Index

ENTERPRISE ZONE ACT, OKLAHOMACreating. SB 90Enterprise District Management Authority, authorizing. SB 90

EPILEPTICSSterilization, repealing. SB 15

EQUALIZATION, COUNTY BOARDS OF (see COUNTIES AND COUNTY OEHCERS)

EQUALIZATION, STATE BOARD OFAppropriations:

Generally, (smde) SB 24 Reductions in 1982. (smde, smad) SB 69

Equalization, County Boards of (see COUNTIES AND COUNTY OFFICERS)

ESCHEATMineral interests, abandoned, any interested party may bring escheat actions, allowing

(expenses smde) and attorneys fees. SB 79

ESTATE TAXES (see REVENUE AND TAXATION)

ETHICS AND M ERIT COMMISSIONAppropriations:


Campaign Commission, to act as, and report to Director of State Finance. SB 303 Discharge, suspension or demotion of employee, limiting appeals to the district court by

state agency or State of Oklahoma, (exception, smad) SB 128 Fund, Ethics and Merit Commission Revolving, creating, (smad) HB 1416 Rules:

Adopted, to be in full force until modified by appropriate authority, (smad) HB 1416 Pertaining to reduction in work hours and involuntary leave without pay for employees,

disapproving. SR 14; SCR 11 (rescinding)Transcripts of proceedings, to furnish on request, (smad) HB 1416

EVIDENCEEvidence seized in violation of constitutional rights, not to be suppressed unless violation

was substantial and not in good faith; standards. SB 243

EXCISE TAX (see REVENUE AND TAXATION)

EXHUMATION (see CEMETERIES)

EYE DONATIONS (see ANATOMICAL GIFT ACT)

FAMILY FARM SECURITY ACT (see AGRICULTURE)

Subject Index 1093

FAMILY FARM SECURITY FUND (see FUNDS)

FEDERAL ASSISTANCE MANAGEMENT, OFFICE OF (see ECONOMIC AND COMMUNITY AFFAIRS, DEPARTMENT OF)

FEDERAL FUNDSBlock Grant funds:

Appropriations to various agencies, (smde) HB 1328 Legislature to appropriate. HB 1327 Procedures and specified uses. HB 1328 Specifying purposes for use. HB 1327

Joint Committee on Federal Funds (see STATE GOVERNMENT)

FEES AND PERMITSArchitects’ licenses, increasing. HB 1097 Bad check fee, authorizing. SB 317; SB 318 Barbers, modifying. HB 1199 Beer, permit to sell, modifying, (smde) HB 1117Boats and water craft licensing and registration, modifying disposition by tag agents.

HB 1343Civil cases, flat fee, providing. SB 308Cleaners, dyers and pressers, modifying certain fees. HB 1353Concrete vehicles, ready-mixed, establishing special permits, fees. HB 1130Consumer credit lessors, sellers, lenders or assignees, limiting. HB 1003Consumer loans, origination fee, authorizing. SB 316Cosmetologists, modifying. HB 1195Criminal Appeals, Court of, increasing, (smad) HB 1393Criminal cases:

Driving under influence of alcohol or other intoxicating substance, establishing court costs for conviction. HB 1393

Flat fee, providing. SB 308Dental Plan Act, Prepaid, creating, authorizing certain. HB 1299 District courts, increasing, (smad) HB 1393Health Planning Commission, Oklahoma, authorizing fees for applications, (smad) SB 49 Horse racing (see AMUSEMENTS AND SPORTS)Insurance, increasing and assessing certain, (smad, smde) HB 1060 Insurance Adjusters Licensing Act, modifying fees. HB 1341Insurance Broker Act, Oklahoma (Life smad) (Accident and Health, smad, smde, smad)

creating, license fee. HB 1358 Livestock auction markets, increasing. SB 114 Marriage ceremony performed by judge, increasing. HB 1312 Medical records, copies of, increasing, (smde) HB 1292 Mining operation permits, modifying time period. SB 230Motor vehicle driver’s, operator’s, chauffeur’s licenses, reinstatement, increasing fee.

(smad) SB 54Motor vehicle licensing and registration:

Disposition by tag agents, modifying. HB 1343Tag agent, authorizing fee for processing financial responsibility affidavit at time of

registration. HB 1406

11094 Subject Index

Motor vehicle, noncommercial, accident prevention course for persons 55 and older, requiring, (smad) SB 153

Nursery stock growers or dealers, increasing certain. SB 199 Organ donor fee, creating, (smad, smde) HB 1278Private clubs, establishing fee and license to be issued by Alcoholic Beverage Control

Board, authorizing cities and towns to levy annual fee. (smad, smde) SB 57 Private Schools, Oklahoma Board of, increasing, (smad) SB 35 Psychologists, increasing. HB 1021Public Safety, Department of, fees for preparation of certain certified documents and

personal driving records, increasing, (smad) SB 54 Scenic River Commission, authorizing additional fee. (smde, smad) SB 224 Securities Commission, fees, creating and modifying, (smad) HB 1062 Seed dealers, increasing. SB 198 Small Claims Court, increasing, (smad) HB 1393 Supreme Court, increasing, (smad) HB 1393

FELONY CRIMES (see CRIMES AND PUNISHMENTS)

FIELD, SENATOR LEON B.Condolences. SR 5Praise, appreciation and naming east tunnel of capitol building in honor of, “ Leon B.

Field Tunnel.” SIR 16

FINANCE CHARGES (see CONSUMER CREDIT CODE)

FINANCE, OFFICE OF DIRECTOR OF STATE (see FINANCE, OFFICE OF STATE, Director)

FINANCE, OFFICE OF STATEAppropriations:

Budgeting and financial information system, expenses related to. (smad) SB 58 Generally. SB 22 Reductions in 1982. SB 69

Audits and reviews, to receive copies from each state agency. HB 1368 Budgeting and financial information system, expenses related to. (smad) SB 58 Campaign Commission to report to. SB 303 Claims, modifying procedures for paying. SB 320; HB 1425 Contracts, to extend time for filing contracts or purchase orders. SB 320; HB 1425 Construction and Properties Division of Board of Public Affairs, to submit reviews and

comments. SB 305 (smad); HB 1298Creating, consisting of Division of Budget and Division of Central Accounting and

Reporting. HB 1368 (smde); HB 1425 Defining, correcting statutes on references to. SB 320 Director:

Budgets of agencies to be submitted to. (smad) SB 301Claims of vendors and interagencies, to establish procedure for payment, (smad)

SB 301Construction and Properties Division of Board of Public Affairs, to report annually the

requests by state agencies for construction and land acquisition; to submit reviews and comments. SB 305 (smad); HB 1298

Subject Index 1095

Financial Information System, Oklahoma, appropriation, design and implementation, (smad, smde) SB 22

General Revenue Cash-flow Reserve Fund, allowing to transfer funds, (smad) HB 1268 Payrolls;

Claims, approval of certain, prohibiting. HB 1416 Procedure for payment, to establish, (smad) SB 301

Police Pension and Retirement System, report to on amortization of unfunded liability. SB 183

Salary, deleting statutory provision. SB 301 (smad); SB 320 (smad)Financial Information System, Oklahoma (see Director, above)Grievance of vendors, to act within certain period of time. HJR 1010 Payroll claim:

Overpayment procedures. SB 309 Procedures for paying. SB 309

Procedures to expedite payments of proper invoice, to establish. HJR 1010 Reference to Director (and Department smad), correcting. SB 301

FINANCIAL INFORMATION SYSTEM, OKLAHOMA (see FINANCE, OFFICE OF STATE, Director)

FINANCIAL INSTITUTIONS (see BANKS AND TRUST COMPANIES)

FINES (see CRIMES AND PUNISHMENTS, Fines)

FIRE DEPARTMENTSFire protection, legislative intent to provide for certain areas if funds available, (smad)

HB 1065Retirement system (see RETIREMENT SYSTEMS)Volunteer:

Membership, increasing and eliminating compliance by attrition. SB 72 Reports to State Fire Marshal, modifying, (smad) HB 1075

FIRE MARSHAL COMMISSIONHorse racing facilities, fire safety inspection rules, to adopt. HB 1022

FIRE MARSHAL, STATEAppropriations:


Fund, Fire Marshal, no longer to be revolving, (smad) HB 1075 Horse racing facilities, to inspect. HB 1022Reports from volunteer fire departments, modifying, (smad) HB 1075

FIRE PROTECTION DISTRICTSBoards of Directors:

Members:Election, modifying time. SB 5 (smad); SB 234 Terms of office, modifying certain. SB 5 (smad); SB 234

Powers and duties:Equipment and supplies, allowing lease purchase. SB 234

1096 Subject Index

Firefighters Pension and Retirement System, allowing participation, modifying application procedures. SB 5

Lease-purchase, allowing, (smad) SB 5Firefighters Pension and Retirement System, allowing participation, modifying application

procedures. SB 5

FIRE PROTECTION PERSONNEL STANDARDS AND EDUCATION, COMMISSION ON

Appropriations:Generally. HB 1064 Reductions in 1982. SB 69

FIREARMSAnimal damage control agents, authorizing to carry. HB 1346Carrying or wearing, authorizing off-duty municipal police or peace officers to carry,

(with limitations, smad) SB 209Sawed-off shotguns or rifles:

Defining, (smad) SB 276 Felons not to carry. SB 276

FIREFIGHTERSFirefighters Pension and Retirement System (see RETIREMENT SYSTEMS)

FIREFIGHTERS PENSION AND RETIREMENT BOARD (see RETIREMENT SYSTEMS)

FIREWORKSMail order sales to consumers by interstate or intrastate means, prohibiting. SB 169Regulation, allowing county commissioners to impose. SB 196Sales to consumers may only be made at properly licensed retail outlets within state.

SB 169

FISCAL YEARModifying dates. SB 214

FISH AND WILDLIFE SERVICE, UNITED STATESBeaver damage control activities, requesting Service to continue and to increase funding.

SR 22

FISHING (see GAME AND FISH)

FOREST SERVICE, UNITED STATESMemorializing or requesting to take action on, wilderness land in Oklahoma, to prevent

sale. SR 15

FORESTRY (see AGRICULTURE, DEPARTMENT OF)

FOSTER CARE REVIEW ADVISORY BOARD (see COURTS)

FOSTER CARE REVIEW BOARDS (see COURTS)

Subject Index 1097

FRAUD (see CRIMES AND PUNISHMENTS)

FUNDSAgency Clearing Account, to transfer funds from to General Revenue Fund, (smad)

SB 328Agriculture Revolving Fund, sale of supplies, rodent bait, furs, skins and specimens,

funds to be deposited to. (smad) HB 1065 Bogus Check Restitution Program Fund, expanding usage of funds. HB 1233 Breeding Development Revolving Fund, Oklahoma, creating. HB 1022 Campaign Finance Fund, Oklahoma, creating. SB 261Child Support Escrow Fund, creating for District Attorneys Training Coordination

Council. HB 1079Chiropodist Fund, changing name to Podiatrist Fund, (smad) HB 1182 Conservation Fund, Special, receipts to be deposited to General Revenue Fund, (smad)

HB 1266Corrections, Department of:

County Health Care Revolving Fund, deleting and transferring to Department of Corrections Revolving Fund, (smad) HB 1074

Industries Subsidiary Revolving Fund, deleting and transferring to Department of Corrections Revolving Fund, (smad) HB 1074

Medical Research Fund, deleting and transferring to Department of Corrections Revolving Fund, (smad) HB 1074

Probation and Parole Fund, deleting and transferring to Department of Corrections Revolving Fund, (smad) HB 1074

Revolving Fund, Department, transferring the funds of numerous continuing funds to. (smad) HB 1074

Rodeo and Special Events Revolving Fund, deleting and transferring to Department of Corrections Revolving Fund, (smad) HB 1074

Work Release Centers Revolving Fund, deleting and transferring to Department of Corrections Revolving Fund, (smad) HB 1074

County Bridge Improvement Fund, excess to be deposited, limiting, (smad) SB 69 County general fund, passport fees collected by district court clerk to be deposited in.

(smad) HB 1231County Primary Road Improvement Fund, creating. SB 138 County Road Machinery and Equipment Revolving Fund, to receive revenue from

additional gasoline taxes. SB 329; HB 1424 County Sheriffs Fund, creating and appropriation. SB 164 Drug Abuse Service Revolving Fund, creating. SB 163Education Emergency Revolving Fund, Statewide, creating, (smad, smde) SB 69 Emergency Fund, Governor requested to transfer funds to Educational Television

Authority. HCR 1019Enterprise District Loan Fund, creating. SB 90Ethics and Merit Commission Revolving Fund, creating, (smad) HB 1416 Family Farm Security Fund, creating. SB 231 Federal Block Grant Fund, specifying funds to be deposited. HB 1327 Fire Marshal Fund, no longer to be revolving, (smad) HB 1075General Revenue Cash-flow Reserve Fund, creating, (transferring money to from General

Revenue Fund, smad) HB 1268 (smad); HB 1368 (smde)

1098 Subject Index

General Revenue Fund;Agency Clearing Account to transfer funds from to General Revenue Fund, (smad)

SB 328Apportionment to:

Financial institutions excise tax to receive. HB 1380 (smde); HB 1419 (smde)From Special Agency Account of Tax Commission, (modifying, smde) (Repealing,

smad) HB 1268Conservation Fund, Special, receipts to be deposited to. (smad) HB 1266 Data Processing Planning and Management funds to be deposited in. SB 65; HB 1397

(smad)Dry Cleaners Fund, excess to revert to each fiscal year, (smad, smde) HB 1353 Horse racing funds, percentage apportioned to. HB 1022 (smad); HB 1296 (smad) Insurance Commissioner’s Fund, transferring to. HB 1266 Insurance premium taxes to be deposited to. HB 1266 Merit system funds to be deposited in General Revenue Fund. SB 64 Motor Vehicle Escrow Account, transferring funds from, to General Revenue Fund,

(smad) HB 1268Passport fees collected by district court clerk to be deposited, (smde) HB 1231 Property and Casualty Rates Fund, State Board for, and further premium taxes to be

deposited in General Revenue Fund, (smad) HB 1266 Property and Casualty Rates Fund, State Board for, transferring to. (smad) HB 1266 Real Estate Education and Recovery Fund, transfer of certain, (smad) SB 71 Tax Commission funds, redistribution, (smde) HB 1419 Transfers, (smad) SB 69

Health Care Revolving Fund, County, creating, (smad) HB 1165 Higher Education Capital Improvement Fund, repealing, (smad) HB 1266 Horse Racing Commission Revolving Fund, Oklahoma:

Creating. HB 1022Deposit of money to, modifying, (smad) HB 1296

Human Services:Human Services Cash-flow Reserve Fund, creating as a division of Human Services

Fund, (smad) HB 1268Human Services Contingency Fund, creating. HB 1391 Human Services Reserve Fund, creating. HB 1218

Insurance Commissioner Fund:Changing to Insurance Commissioner Revolving Fund, (smad, smde) HB 1060 Fund and future premium taxes to be deposited to General Revenue Fund. HB 1266

Insurance Fund, State, modifying where money is deposited, (smad) HB 1053 Investigation, Oklahoma State Bureau of. Revolving Fund, creating, (smde) HB 1160 Law Enforcement Fund, County, creating and funding. SB 4Law Library Fund, transfer of certain funds, deleting. HB 1187 (smad); HB 1393 (smad) Motor Vehicle Act Enforcement Fund (see MOTOR CARRIERS)Motor Vehicle Forfeiture Fund, to be established by Highway Patrol and county treasurer.

SB 152Motor vehicle tag agents reserve fund, deleting. HB 1343Narcotics and Dangerous Drugs Control, Office of the Director of the Oklahoma State,

abolishing revolving fund, (smde) HB 1160 Oilfield equipment special serial numbers revolving fund, repealing. SB 139 Podiatrist Fund, changing name from Chiropodist Fund, (smad) HB 1182

Subject Index 1099

Public Common School Buildings Equalization Fund, State, removing limit on amount paid to or for any school district from Fund, authorizing Legislature to establish formula for payments from Fund. SIR 26

Public Safety, Department of:Color Photo License and Identification License Revolving Fund, deleting and

transferring to Department Revolving Fund, (smad) SB 54 Commercial Driver Training Law Fund, deleting and transferring to Department

Revolving Fund, (smad) SB 54Inspection Fund, deleting and transferring to Department Revolving Fund, (smad)

SB 54Peace Officers Training Fund, deleting and transferring to Department Revolving Fund,

(smad) SB 54Revolving Fund, Department, transferring the funds of numerous continuing funds to.

(smad) SB 54Safety Responsibility Division Reinstatement Fund, deleting and transferring to

Department Revolving Fund, (smad) SB 54 Size and Weights Division Fund, deleting and transferring to Department Revolving

Fund, (smad) SB 54State Capitol Parks Division Fund, deleting and transferring to Department Revolving

Fund, (smad) SB 54State Capitol and Cowboy Hall of Fame Parks Division Revolving Fund, deleting and

transferring to Department Revolving Fund, (smad) SB 54 Telecommunication Systems Fund, deleting and transferring to Department Revolving

Fund, (smad) SB 54Turnpike Law Enforcement Fund, deleting and transferring to Department Revolving

Fund, (smad) SB 54Wrecker License Fund, deleting and transferring to Department Revolving Fund.

(smad) SB 54Real Estate Commission Revolving Fund, Oklahoma, removing limit, and providing for

transfer from Oklahoma Real Estate Education and Recovery Fund. SB 71 Risk Management Special Fund, creating, (smad, smde) SB 305 Scenic River Commission Revolving Fund, creating, (smad) SB 224 Science and Mathematics Revolving Fund, Oklahoma School of, creating, (smad)

HB 1286Sinking Reserve Fund, Special:

Accrual of funds, limiting, (smad) HB 1268 Excess to be deposited, limiting, (smad, smde) SB 69

Teachers’ Health and Life Insurance Reserve Fund, creating. HB 1153 Treasurer’s (Data Processing smde) Revolving Fund, changing name, (smad) HB 1051 Vendors Revolving Fund, Registration of State, warrants to be drawn by State Treasurer

rather than State Auditor and Inspector, (smad) SB 305 Western Plains Indians Arts and Crafts Revolving Fund, creating, (smad) SB 37

FUNERAL DIRECTORS (see PROFESSIONS AND OCCUPATIONS, Embalmers and Funeral Directors)

FUNERALS (see INSURANCE)

FURLOUGHS, MANDATORY (see STATE GOVERNMENT, Employees and officers. Layoffs)

1100 Subject Index

GAME AND FISHBeaver damage control, directing action. SR 22 Fishing:

Impoundment and sale of certain vehicles and equipment. HB 1025 Licenses and fees, current costs, extending. HJR 1001Nongame (or game, smad) not allowed with trawl nets pulled by motor-driven boats.

HB 1025Hunting, licenses and fees, current costs, extending. HJR 1001 Sale, not allowing, with exceptions, increasing penalty. HB 1332 Wildlife Conservation, Department of (see WILDLIFE CONSERVATION,

DEPARTMENT OF)

GARNISHMENT (see WAGES)

GASOHOLTax exemption:

Allowing, that produced in state and states allowing exemption to Oklahoma. SB 323 Expiration, making sooner. SB 66

Repealing. HB 1023Repealing, except that produced in state. SB 12

GASOLINEUnleaded, defining. SB 323

GAZETTE, THE OKLAHOMA (see STATUTES AND REPORTS)

GENERAL REVENUE CASH-FLOW RESERVE FUND (see FUNDS)

GENERAL REVENUE FUND (see FUNDS)

GOVERNOR, OFFICE OF THEAdministrative Procedures Act, exempting. SB 325Agent Orange Bill of 1982, requesting Governor to implement. HCR 1(X)7Appointments:

Aging, Commission on, 12 members with advice and consent of Senate. SB 284 Education Employment Relations Commission, members, with advice and consent of

Senate and approval of House of Representatives, (smde) SB 188 Election Board, State, members with advice and consent of Senate. SB 69 (smad);

SB 213Election Law Enforcement Commission, members, with advice and consent of Senate.

SB 261Historic Preservation Review Committee, members. SB 141Information Systems Planning Agency, Director. SB 65 (smad); SB 282 (smad, smde);

HB 1397Insurance Commissioner, authorizing, with consent of Senate. SIR 19 Mental Health Board, Community, members, (deleting, smde) SB 297

Subject Index 1101

Narcotics and Dangerous Drugs Control, Oklahoma State, Bureau of. Director, no longer to appoint, (smad) HB 1160

Planning and Development Advisory Committee members. SB 65 (smad); SB 282 (smad, smde); HB 1397

Public Affairs, Department of. Director, with advice and consent of Senate. SB 288 Public Affairs, Office of. Director, with advice and consent of Senate. SB 305 Science and Mathematics, Oklahoma School of. Board of Trustees, (fifteen smde) (five

smad) members. HB 1286Superintendent of Public Instruction, authorizing, with consent of Senate. SIR 18 Vocational and Technical Area School Districts, board members, under certain

circumstances. SB 74 Appropriations:


Bartlesville Energy Research Center, to pay obligations and contracts, (smad) HB 1066 Children, while living in mansion to be in school district of Governor’s choice. SB 307 “ Clean is Beautiful Month” (see “ CLEAN IS BEAUTIFUL MONTH” )Economic emergency, allowing to declare, with legislative oversight, constitutional

amendment. SIR 27Educational Television Authority, requested to transfer money to from Emergency Fund,

to replace damaged transmission line caused by windstorm. HCR 1019 Elections, special, upon death of nominee, procedures for calling. SB 321 Employees and officials, state, reduction of salaries, allowing to with legislative

oversight, constitutional amendment. SIR 27 Executive orders, providing for filing. SB 325“ Kick the Litter Habit Day” (see “ KICK THE LITTER HABIT DAY” )Mansion, Governor’s:

Capitol Preservation Commission, State, expanding authority to include Mansion, (smad) SB 305

Expenditures, modifying, allowing and requiring report, (smad) SB 320 Nominees for office, death of, procedure for calling special elections. SB 321 Pardon and Parole Board, full time, to appoint members. SIR 10 Paroles, no longer to grant. SIR 1 Presidential Electors to be paid from funds. SB 321Prison overcrowding, when to declare emergency for reductions in sentences and when to

rescind. SB 2Protection of to be provided by Commissioner of Public Safety, immediate family to be

included. SB 274Radioactive Waste Compact, Central Interstate Low-Level, to execute. SB 80 Reports to:

Aging, Department on, annual report by Director. SB 284Auditor and Inspector, Office of, performance audit of programs of Department of

Human Services. SIR 29Children and Youth, Commission on, on implementation of services to exceptional

children, (smde) HB 1271Construction and Properties Division of Board of Public Affairs, state agency requests

for construction and land acquisition, annually; any fraud or waste. SB 305 (smad); HB 1298

Education, State Board of, on salary minimums for school teachers, (smad) HB 1179

r1102 Subject Index

Employment reports by state agencies. HJR 1002 Finance, Director of, financial matters. SB 320; HB 1425Health, Commissioner of, low-level radioactive waste disposal site studies, annually

SB 80Historic Preservation Review Committee on reports on acquisition of land by Historical

Society. HB 1083Horse Racing Commission, annually. HB 1022Layoffs and reductions in force, agencies, boards and commissions to report cost

savings achieved quarterly. SB 327Personnel Management, Office of, payroll overpayment remedial actions and

recoveries, quarterly. HB 1416Purchasing Director, State, certain requests for waivers or increases, (quarterly, smde)

(monthly, smad) SB 320; HB 1425Tax Commission to investigate if taxes have been paid on manufactured homes.

HCR 1015Teaching Hospitals, Oklahoma, independent audit report, (smad) SB 46 Transportation Department on progress of Rural Roads Study Committees, annually.

SB 262Science and Technology, Oklahoma Council of, requesting establishment. HCR 1013 Security, Executive Security Officers, establishing, (smad) SB 274 Sentencing Guidelines, Commission on, to appoint members. SB 306 Spouse, to receive travel and subsistence when attending official function at request of

Governor. SB 274Vendors’ grievances, to receive. HJR 1010Vietnam (and Korean smad) veterans monument, authorizing Governor to accept from

Oklahoma Vietnam Veterans (and concerned citizens smad), (repealing HJR 1036, Second Session, 38th Legislature, smad) HJR 1012

Wilderness land in Oklahoma, requesting to prevent sale. SR 15

GRAIN STORAGE ACT (see AGRICULTURE)

GRAND RIVER DAM AUTHORITY (GRDA)Central purchasing, exempt. SB 320Corporation Commission, to report all electrical projects to for review, as well as

foreeasts and system planning data. HB 1108

GRANT-IN-AID CLEARING HOUSE (see ECONOMIC AND COMMUNITY AFFAIRS, DEPARTMENT OF)

GRIGGS, SAMUEL AND TILLIE LOUISESuit against the state, authorizing. SIR 23

GROCERIES (see CONTRACTS, Consumer Protection Act)

GROSS PRODUCTION TAX (see REVENUE AND TAXATION)

H

HALL, SENATOR JAMES R., JR.Condolences. SR 7

Subject Index 1 1 0 3

HALLOWEEN BILL (see CRIMES AND PUNISHMENTS, Contamination)

HAMILTON, SENATOR CLEM M.Clem Hamilton Rune Stone Park, renaming to Heavener Rune Stone Recreation Area,

designating visitor reception center as Clem M. Hamilton Visitor Reception Center, Department of Tourism and Recreation to erect markers to honor Senator Hamilton.SIR 21

HANDICAPPED CONCERNS, OFFICE OFAppropriations:


HANDICAPPED PERSONSPurchases from, legislative intent. SCR 21

HAZARDOUS MATERIALS AND WASTE (see PUBLIC HEALTH AND SAFETY)

HEALTH AND HUMAN SERVICES, SECRETARY OF UNITED STATES DEPARTMENT

Memorializing or requesting to take action on Medicare, to make Oklahoma single-statewide reimbursement locality. SCR 4

HEALTH, BOARD OFJails, city and county, inspection of. Board to promulgate inspection standards. HB 1321Radioactive waste, low-level. Board to amend, adopt and repeal rules and regulations for,

assisted by Commissioner of Health and Radiation Advisory Committee. SB 80

HEALTH CARE FACILILTIESDamages, petitions for reeovery, modifying contents and procedures. HB 1293Information, to provide Department of Human Services on ownership if requested, (smad)

SB 266

HEALTH, COMMISSIONER OFRadioaetive Waste Commission, Central Interstate Low-Level, member of, alternate

member is Deputy Commissioner for Environmental Health Services. SB 80Radioactive Waste Compact, Central Interstate Low-Level, rules and regulations of.

Commissioner to administer and enforce. SB 80

HEALTH, DEPARTMENT OFAgent Orange or other toxic chemicals, exposure of veterans to, expressing legislative

disappointment for Department’s lack of action, and requesting implementation of Agent Orange Bill of 1982 (HB 1492); (recognizing validity of reports, findings and publications, smde) HCR 1007

Agent Orange Outreach Committee, expressing legislative disappointment for lack of action on implementation of Agent Orange Bill of 1982. HCR 1007

Appropriations:Construction. SB 58 Generally. HB 1067

1 1 0 4 Subject Index

Maternal and Child Health Block Grant Services, (smde) HB 1328 Preventive Health Block Grant Services, (smde) HB 1328 Reductions in 1982. SB 69

Barbershops, sanitary inspections of, deleting requirement. HB 1199 Boats and water craft (see PUBLIC HEALTH AND SAFETY)Children, exceptional, delivery of related services to, procedures. HB 1271 Herbicide exposure, effects of on veterans, memorializing Congress to research and

provide data. SCR 10Returnable Beverage Container Management Act, creating. SB 264

HEALTH MAINTENANCE ORGANIZATION (see INSURANCE)

HEALTH PLANNING COMMISSIONApplications for certificate of need or declaratory ruling, requirements, (smad) SB 49 Appropriations:


Certificates of need, applications, various, requiring fee, exemption for state operated hospitals, (smad) SB 49

Health maintenance programs, requiring application fee, exemption for state operated hospitals, (smad) SB 49

Health services, institutional, waiving certain reviews. HB 1352 Recreating. SB 222

HEALTH SCIENCES CENTER (see HIGHER EDUCATION, Oklahoma, University of)

HEALTH SERVICES, INSTITUTIONAL (see PUBLIC HEALTH AND SAFETY)

HEALTH SYSTEMS AGENCY, OKLAHOMAHealth services, institutional, waiving certain reviews. HB 1352

HERBICIDE EXPOSURE (see VETERANS)

HIGHER EDUCATIONAnnuity contracts, for employees of private or public, expanding investments. SB 60 Applicants, list of qualified to be given to state agencies, boards and commissions when

vacancies. SR 20Assessments of institutions, legislative intent to limit, (smad) SB 69 Bonds, revenue, increasing maximum interest rate allowable, (requiring reports, smad,

smde) SB 117 Central State University:

Political Science, Department of. Director of Governmental Services Bureau in the, allocation of funds, (smad) HB 1085

To be ex officio member of Board of Trustees of Oklahoma School of Science and Mathematics, or designee. HB 1286

Fees:Arkansas counties, certain, to be considered in Oklahoma in determining. SB 10 Tuition and educational fees, increasing, modifying and changing. SB 294

Fiscal year, modifying dates. SB 214

Subject Index 1105

Fund, Higher Education Capital Improvement, repealing, (smad) HB 1266 Lands, school or public (see LAND OFFICE, COMMISSIONERS OF THE) Mathematician, defining, (smad) HB 1286 Oklahoma, University of:

Board of Trustees of Oklahoma School of Science and Mathematics, dean of College of Arts and Sciences to be member. HB 1286

Center for Continuing Education and College of Engineering to assist rural roads study committees, (smad) SB 262

Health Sciences Center:Boundaries, repealing. SB 221Pharmacy building, appropriation, (smad) SB 31Planning Committee, abolishing. SB 221

Oklahoma City Community College, name changed from South Oklahoma City Junior College. SB 304; SB 9 (smad)

Oklahoma State University:Basketball team and coach, praising for winning Big Eight Championship and

outstanding year. SR 18Board of Trustees of Oklahoma School of Science and Mathematics, dean of College of

Arts and Sciences to be a member. HB 1286 Local Government Technology, Center for, (and College of Engineering smad) to assist

rural roads study committees. SB 262 Oscar Rose Junior College name changed to Rose State College. SB 9 Panhandle State University, Oklahoma, basketball team and coaching staff, praising for

outstanding season. SR 23Podiatry Education Assistance Contract Program, Oklahoma, establishing, appropriation.

SB 215Regents for Higher Education:

Appropriations:Campus master plans. SB 58 Capital improvements, (smad) SB 31 Emergency Building Fund, (smad) SB 58 Expenditures, legislative intent. SCR 24 Generally. SB 31Pharmacy building at University of Oklahoma Health Sciences Center, (smad) SB 31 Podiatry Education Assistance Contract Program, Oklahoma. SB 215 Reappropriation, (smad) SB 31 Reductions in 1982. SB 69 Tuition Aid Grants, reappropriation, (smad) SB 31

Bonds, revenue:El Reno Junior College, authorizing issue. SCR 20Interest rate, increasing maximum allowable, (requiring reports, smad, smde) SB 117 Oklahoma City Junior College, authorizing issue. SCR 8 Tulsa Junior College, authorizing issue. SCR 2

Chairman or designee to be ex officio member of Board of Trustees of Oklahoma School of Science and Mathematics. HB 1286

El Reno Junior College, authorizing issue of revenue bonds. SCR 20 Embalmers, to determine equivalent educational requirement, (smad) SB 68 Fiscal year, modifying dates. SB 214Longevity pay for former employees now eligible, service with to count. HB 1122 Oklahoma City Junior College, authorizing issue of revenue bonds. SCR 8

352 Senate Journal, February 5th, 1929

SENATE BILL NO. 109—By STEWART.—An Act repealing Section 2, Chapter 16, Oklahoma Session Laws 1923, relating to the driving and operating of motor vehicles, and declaring an emergency.

SENATE BILL NO. 110—By AUSTIN.—An Act making it unlawful' for any person to operate in Oklahoma, any electrical machine that will in any way cause an interference with the operation of a radio without having said electrical machine grounded; fixing penalties for violation thereof, and declaring an emergency.

SENATE JOINT RESOLUTION NO. 16—By FID- LER.—A Joint Resolution making an appropriation to Mrs. Winnie M. Sanger, and declaring an emergency.

SENATE JOINT RESOLUTION NO. 17—By BOYER, STIGLER, BLAKELY (Senate), and LOGAN, LEWIS (House).—A Joint Resolution making a deficiency appropriation of Four Hundred ($400.00) Dollars to pay the balance of the present salary of one Assistant Attorney General for the fiscal year ending June 30, 1929, and making an appropriation of One Hundred and Sixty-six ($166.60) Dollars and Sixty Cents to cover the increased salary of one Assistant Attorney General for the balance of said fiscal year, and declaring an emergency.

SECOND READINGThe following bills and resolutions were read for the

second time and referred to the Committees indicated:

SENATE BILL NO. 99—By ANDREWS.—Referred to Committee on Penal Institutions.

SENATE BILL NO. 100—By JOHNSON.

Upon motion of Senator Johnson (Creek), the rules of

Senate Journal, February 5th, 1929 353

the Senate were suspended and Senate Bill No. 100 was ordered placed upon the calendar, without reference to a Committee.

SENATE BILL NO. 101—By JOHNSON.—Referred to Committee on Revenue and Taxation.

SENATE BILL NO. 102—By FERGUSON.—Referred to Committee on Revenue and Taxation.

SENATE BILL NO. 103—By FERGUSON.—Referred to Committee on Judiciary No. 2.

SENATE BILL NO. 104—By HILL (Senate), and IMMELL (House).

Upon motion of Senator Hill, the rules of the Senate were suspended and Senate Bill No. 104 was ordered placed upon the calendar, without reference to a Committee.

SENATE BILL NO. 105—By RAY.—Referred to Committee on Judiciary No. 1.

HOUSE BILL NO. 144—By NANCE (House), and BOYER (Senate).

Upon motion of Senator Boyer, the rules of the Senate were suspended and House Bill No. 144 was ordered placed upon the calendar, without reference to a Committee.

HOUSE BILL NO. 56—By SMITH and LEECRAFT. —Referred to Committee on Agriculture.

HOUSE BILL NO. 102—By KING.—Referred to Committee on State and County Affairs.

1108 Subject Index

Housing task force (see ECONOMIC AND COMMUNITY AFFAIRS, DEPARTMENT OF)

Income tax credit for investment in multifamily housing. SB 6Oklahoma County Housing Agency (see PROPERTY, Mortgage bonds)Tulsa County Home Finance Authority (see PROPERTY, Mortgage bonds)

HOUSING FINANCE AGENCY, OKLAHOMA (see PROPERTY, Mortgage bonds)

HOUSING TASK FORCE (see ECONOMIC AND COMMUNITY AFFAIRS, DEPARTMENT OF)

HUDSON, MARGARET, PROGRAM FOR SCHOOL AGE PARENTS (see APPROPRIATIONS)

HUMAN RIGHTS COMMISSIONAdministrator of Enforcement, to be in unclassified service, (smad, smde) HB 1068Appropriations:


Complaints, discriminatory practices, allowing action to be filed in district court in lieu of complaint to Commission, under certain circumstances, procedures, providing for costs and damages and deleting exhaustion of administrative remedies requirement. HB 1245

Multifamily housing information to be filed with. SB 6

HUMAN SERVICES, COMMISSION FORAdjustments, directing, which will permit Department of Human Services to operate

without additional general revenue funds. SCR 11 Duties and responsibilities, clarifying and modifying, constitutional amendment. HJR

1005Moratorium on reducing services, personnel or programs, directing, reports. SR 3; SR 12;

SCR 11 (rescinding); HJR 1023 (repealing, smad)Name change, constitutional amendment, from Welfare Commission to Human Services

Commission. HJR 1005Property, sale, if no longer needed, allowing. HB 1219Rules and regulations, to promulgate for health programs between teaching hospitals and

schools for mentally retarded, (smad) SB 46 Salaries of Department of Human Services, limiting amount. SR 24 Sale, property no longer needed, allowing. HB 1219Tort claims against Commission, establishing procedures. SB 46 (smad); HB 1391 Whitaker State Children’s Home, to study alternate uses. SCR 3

HUMAN SERVICES, DEPARTMENT OFAdministrative costs, directing to reduce, (smad) SB 46 Adoption, “ Children’s Adoption Resource Exchange, Oklahoma,’’ to utilize and

(allowing to smad, smde) supply information, (exceptions, smad) (providing payment, smad, smde) SB 283

Aging, Special Unit on, transferring files, records, supplies and equipment to Department on Aging; employees may transfer if they desire. SB 284

Annuity contracts for employees, allowing, and expanding investment. SB 60

Subject Index 1109

Appropriations:Employer contributions to Oklahoma Public Employees Retirement System, (smad)

HB 1091Energy Assistance Block Grant Services, Low Income, (smde) HB 1328Generally. SB 46Liability insurance. SB 46Mentally retarded institutions, (smad) SB 58Outpatient medical care, (smad) SB 46Reductions in 1982. SB 69Social Services Block Grant Services, (smde) HB 1328 Supplemental. SB 24 (smad); SB 69 (smad, smde)

Audits:Fiscal audit of programs by State Auditor and Inspector, report to Legislature. SJR 29 Performance audit of programs by contractor. Department to pay, requiring reports.

SJR 29Blind, Oklahoma School for the. State Aid, to have proportionate share of districts’.

HB 1264Blind vendors to be considered state employees for retirement purposes. SB 46Capitol Improvement Authority, financial accounting functions, transferring to Office of

Public Affairs, (smad) HB 1050 Child support:

Enforcement (see Director, below)Enforcement unit employees of Department to transfer to District Attorneys Training

Coordination Council. HB 1079 Penalties for failure to provide, (smad) HB 1079

Children, exceptional, delivery of related services to, procedures. HB 1271 Children’s institutions, directing Director to close certain, (smde) HJR 1023 Community facility at Tahlequah, allowing Board of Public Affairs to sell or lease.

(smad) SB 46Corporations, (if providing health care services, smad) ownership information, requiring

to provide to Department upon request. SB 266 Correctional institutions, Stringtown Correctional Center, transferring administration,

supervision, operation, property, records and personnel of Vocational Training Program and School from Department to State Board of Vocational and Technical Education.HB 1180 (smad); HB 1348

Deaf, Oklahoma School for the. State Aid, to have proportionate share of districts’.HB 1264

Dependent and delinquent children, transportation of certain, to be expense of Department. SB 232

Director:Adjustments, directing, which will permit operations without additional general revenue

funds. SCR 11Children’s institutions, to close certain, (smde) HJR 1023Community-based clinical services service plan, to prepare with Commissioner of

Mental Health (who will reimburse for any loss of federal funds, smad) SJR 22 Moratorium on reducing services, personnel or programs, directing, reports. SR 3;

SR 12; SCR 11 (rescinding); HJR 1023 (repealing smad)Whitaker State Children’s Home, to study alternate uses. SCR 3

Duties and responsibilities, clarifying and modifying, constitutional amendment.HJR 1005

11110 Subject Index

Employees:Administrative, salary reductions, defining, (smad, smde) HJR 1023 Construction and related personnel, directing Department to reduce number or transfer

personnel and equipment to Board of Public Affairs, (smde) HJR 1023 Eyeglasses, damaged, authorizing Department to replace for certain employees. SB 46 Financial Director, to be classified position under Merit System, (smde) SJR 29 Medicare Contract, Part B, eliminating employees, (smde) HJR 1023 Personnel costs, additional, directing reduction by attrition or reduction in force, (smde)

HJR 1023 Salaries:

Limiting amount. SR 24 Reduction of, for certain. SJR 12

Fanning operations, commercial, at Department institutions, authorizing termination and disposition of livestock, farm equipment, etc., proceeds to Human Services Fund, (smde) HJR 1023

Funds:Cash-flow Reserve Fund, Human Services, creating, as a division of Human Services

fund, (smad) HB 1268Contingency Fund, Human Services, creating; to pay any judgment awarded by any

state or federal court, and for settling any tort claims against Department or Human Services Commission. HB 1391

Human Services Fund:Transfer of funds to, from Insurance Commissioners Protest Fund; Department to

repay during 12 month period from Human Services Fund. SB 46; HJR 1015;HJR 1023

Petty cash funds for certain institutions, modifying, (smad) SB 46 Reserve Fund, Human Services, creating, providing procedures. HB 1218

Hospitals:Griffin Memorial and Central State, transferring operation and management to

Department from Department of Mental Health, making Griffin a satellite of Oklahoma Memorial Hospital. SB 158

Memorial Hospital, Oklahoma:(Corrections Department smde) (All agencies, boards and commissions smad) to pay

for services provided inmates. HB 1217 Griffin Memorial and Central State, transferring operation and management to

Department from Department of Mental Health, making Griffin a satellite of Oklahoma Memorial Hospital. SB 158

Wright vs. Oklahoma Memorial Hospital, limiting certain expenses, (smde)HJR 1023

Services for inmates of correctional institutions, including county jails, transferring certain responsibilities to Department from Department of Mental Health. SB 158

Small, to be exempt from Department’s funding proposal. SCR 19 Teaching Hospitals, Oklahoma:

Audit, authorizing complete institutional effectiveness review and operational audit by independent contractor, limiting cost, report, (smad) SB 46

Physicians, resident, of University of Oklahoma College of Medicine, authorizing placement on payroll and certain benefits, (smad) SB 46

Juveniles, court costs, to be returned to if ward and concurred in by Supreme Court Justice. HB 1430

Medicaid program, state, cost reductions, certain, authorizing, (smde) HJR 1023

Subject Index n i l

Medical assistance, payment of, by Department to constitute lien, procedures. HB 1086 Moratorium on reducing services, personnel or programs, directing, reports. SR 3; SR 12;

SCR 11 (rescinding); HJR 1023 (repealing smad)Motor vehicles, passenger, authorizing Department to purchase necessary, providing

method of acquisition. HB 1323Name change, constitutional amendment, from Department of Public Welfare to

Department of Human Services. HJR 1005 Offices, relocation (see Relocation, below)Oklahoma Memorial Hospital (see Memorial Hospital, Oklahoma, above)Petty cash funds (see Funds, above)Property;

Real, authorizing disposition of certain, if authorized by Legislature, (proceeds to Human Services Fund, smde) HJR 1023

Sale, if no longer needed, allowing. HB 1219 Records from financial or other agencies, authorizing Department to obtain with client’s

consent to determine eligibility for assistance. HB 1324- Relocation of offices, not allowing if in county seat, (smad) SB 46Salaries:

Limiting amount. SR 24 Reduction of, for certain employees. SJR 12

Sale, property no longer needed, allowing. HB 1219State Aid, to be proportionate share of districts’ for School for the Blind and School for

the Deaf. HB 1264Stringtown Correctional Center (see Correctional institutions, above)Support, child, enforcement of (see Director, above)Television equipment, transferring to;

Office of ^ b l ic Affairs, (smad) SB 58Oklahoma Educational Television Authority, (smad, smde) SB 46

Tenkiller Lake Recreation Center, authorizing Department to limit activities to summer only and contract out for its use during other periods of year, (smde) HJR 1023

Tort claims against Department, establishing procedures. SB 46 (smad); HB 1391Whitaker State School;

Appropriation for maintenance and security, (smad) HB 1050Meat packing plant, authorizing disposal, (smde) HJR 1023Property, certain to be for senior citizens home, (smad) HB 1050Sale or lease by Board of Public Affairs under certain conditions, allowing, (smad)

SB 46To study alternate uses. SCR 3Transferring to Office of Public Affairs, (smad) HB 1050

HUNTING (see GAME AND FISH)

INCOME TAX, STATE (see REVENUE AND TAXATION)

T1112 Subject Index

INDIAN AFFAIRS COMMISSIONAppropriations:


Meetings, frequency, modifying, (smad) SB 51 Per diem, increasing, (smad) SB 305

INDIAN CHIEF INSIGNIA (see MILITARY DEPARTMENT, OKLAHOMA)

INDIAN HOUSING AUTHORITYMortgage, mutual help and occupancy agreements not to be. SB 89

INDIAN TRIBAL ASSOCIATIONMotor vehicle license registration, allowing reduction of amount, (smad) HB 1419

INDUSTRIAL FINANCE AUTHORITY, OKLAHOMABond interest rate, increasing. SB 259

INDUSTRIAL WASTE (see PUBLIC HEALTH AND SAFETY)

INDUSTRY, HIGH TECHNOLOGYStudy, requesting by State Regents to determine relationship of educational system to high

technology industry. HCR 1005

INFORMATION SYSTEMS PLANNING AGENCY (see DATA PROCESSING PLANNING AND MANAGEMENT)

INHERITANCE TAXES (see REVENUE AND TAXATION, Estate taxes)

INITIATIVE AND REFERNDUM (see ELECTIONS)

INSIGNIA (see MILITARY DEPARTMENT, OKLAHOMA)

INSURANCEAdjusters Licensing Act, Insurance, general modification. HB 1341 Adjustments and claims. Third-party Administrator Act, creating. HB 1209 Advisory Board to assist Insurance Commissioner, creating. HB 1341 Agent:

Agents Licensing Act, modifying. HB 1210Contracts prohibiting or restricting providing insurance after agent leaves company to

be void, with exception. HB 1378 Resident, required, modifying. HB 1210

Agreements, Discovery Code (see CIVIL PROCEDURE)Alcoholism and Drug Dependency Treatment Insurance Advisory Committee, creating.

SB 281Annuities, Life Insurance and Annuity Policyholders Protection Act, creating. HB 1338 Audit and examination of domestic companies, allowing certified public accountant to

perform, and prohibiting certain charge by Commissioner. SB 185 Broker Act, Oklahoma (Life smad) (Accident and Health smad, smde, smad) Insurance,

creating. HB 1358

Subject Index 1113

Code, Insurance, violations, increasing and adding penalties. HB 1318 Commissioner:

Advisory Board to assist Commissioner, creating, to appoint three members. HB 1341 Alcoholism and Drug Dependency Treatment Insurance Advisory Committee, creating.

SB 281Appropriations:


Audit and examination of domestic companies by Commissioner, modifying. SB 185 Bail, under certain circumstances Administrative Director of Courts to give report.

HJR 1024Broker Act, Oklahoma (Life smad) (Accident and Health smad, smde, smad) Insurance,

creating. HB 1358Commissioner, deleting as elective office and authorizing appointment by Governor,

modifying term. SIR 19Dental Plan Act, Prepaid, creating, dental plan organizations to file annual reports with

Commissioner and pay certain tax through Commissioner to State Treasurer.HB 1299

Domestic stock and mutual insurers, borrowing and repayment of funds by, requiring approval by Commissioner. SB 146

Fees, increasing and assessing. HB 1060 (smad, smde); HB 1266 Fire insurance policy (see Fire insurance, below)Funds:

Insurance Commissioner Fund:Changing to Insurance Commissioner Revolving Fund, (smad, smde) HB 1060 Surplus line broker, premium tax to be deposited in General Revenue Fund, (smad,

smde) HB 1266To be transferred to General Revenue Fund. HB 1266

Insurance Commissioner Protest Fund, transfer of certain funds from, to Human Services Fund; Department of Human Services to repay from Human Services Fund during 12-month period. SB 46; HJR 1015; HJR 1023

Insurance Commissioner Revolving Fund, changing from Insurance Commissioner Fund, (smad) HB 1060

State Insurance Fund (see WORKERS’ COMPENSATION)Insurance Department:

Files, open and ongoing investigative and legal, not to be made public until judicially ordered. HB 1318

Third Party Prescription Act, creating. SB 237 Jurisdiction of person who cancels license. Commissioner to retain. HB 1210 Plan (subject to legislative enactment smad) for apportionment of costs among all

insurers for catastrophic illnesses, to develop. HB 1107 Qualifications, modifying. SB 99 (smad, smde); HB 1318 (smad)Reports, requiring on required coverage, (smad) HB 1394 Third-party Administrator Act, creating. HB 1209

Consultants, insurance, agreement with client, to retain for 3 years. HB 1210 Dental:

Prepaid Dental Plan Act, creating. HB 1299 Domestic stock and mutual insurers:

Borrowing funds, requiring agreement form be submitted to Commissioner and repayment approved by Commissioner. SB 146

T1114 Subject Index

Interests of officers and directors in certain transactions, modifying prohibitions.SB 146

Management and exclusive agency contracts, modifying procedures. SB 146 Employees Group Health, Dental and Life Insurance Board, State (see STATE

GOVERNMENT, Insurance Board)Employees Group Health, Dental and Life Insurance Program, State (see STATE

GOVERNMENT, Employees, Insurance Program)Fees:

Assessing and increasing against companies, (smad) HB 1318 Increasing, (smad) HB 1266 Modifying. HB 1210

Fire insurance, standard policy:Alternate policy, (Commissioner smde) (State Board for Property and Casualty Rates

smad) may approve for use, limitations. HB 1363 “ Loss settlement” clause, (Commissioner smde) (State Board for Property and

Casualty Rates smad) may approve alteration, requirements. HB 1363 Funds (see Commissioner, above)Funeral benefits, prepaid:

Bond, surety, modifying requirement. HB 1144 Contract violations, modifying. HB 1144 Funds:

Attachment and garnishment, exemption from, modifying. HB 1144 Deposit, withdrawal and acceptance, modifying. HB 1144

Merchandise price display, modifying. HB 1144 Permit violations and punishments, creating. HB 1144 Records and examination procedures, modifying, penalties. HB 1144

Health and accident policies:Alcohol dependency treatment to be covered in all. SB 281 Conversion, mandatory, limiting premium. HB 1107 Drug dependency treatment to be covered in all. SB 281 Extent of coverage, expanding to include charitable and benevolent contracts or

agreements and State Employees Group Health, Dental and Life Insurance Act.HB 1394

Plan (subject to legislative enactment smad) for apportionment of costs among all insurers. Commissioner to develop. HB 1107

Services or benefits covered, clarifying. HB 1394 Health Maintenance Organization:

Comprehensive health maintenance services, defining. HB 1230 Self-insured to comply with certain statutes, (smde) HB 1230

Investigations, files of certain, not available to public. HB 1210 Investments:

Definitions and forms of investment. SB 146 Securities:

Affidavits, providing certain forms. SB 146 Custodian of, procedures and duties. SB 146 Deposit of, procedures and requirements. SB 146 Loans of certain stocks or obligations, allowing, procedures. SB 146

Jurisdiction of person who cancels license. Commissioner to retain. HB 1210 Licensing, modifying. HB 1210

Subject Index 1115

Life insurance:Life, (Accident and Health smad, smde, smad) Insurance Broker Act, Oklahoma,

creating, (smad) HB 1358Life Insurance and Annuity Policyholders Protection Act, creating. HB 1338

Motor vehicles:Cancellation, prohibiting under certain circumstances, (smad) HB 1034 Liability:

Medical coverage, limitations of, stating legislative intent to prohibit limitations in certain policies. SB 175

Reduction in premiums for persons 55 and older completing accident prevention course, authorizing, (for non-commercial vehicles and requiring fee. smad) SB 153

Requirements, modifying. SB 110 Uninsured motorists coverage:

Liability under, limiting. SB 180 Rejection or acceptance signature binding. SB 180

Premiums, Third-party Administrator Act, creating. HB 1209 Prepaid Dental Plan Act (see Dental, above)Property and Casualty Insurance Guaranty Association, obligation, increasing certain.

SB 146Property and Casualty Rates, State Board for (see PROPERTY AND CASUALTY

RATES, STATE BOARD FOR)Rates and rating organizations — casualty, workers’ compensation premium rates,

prohibiting use of payroll factor in determining, exceptions. SB 310 Rates and rating organizations — in general:

Competitive market, determining. SB 268 Definitions, providing. SB 268 Determination of rates, removing certain. SB 268 Deviations from rates, deleting procedures. SB 268 Exemption from act, allowing, (smde) SB 268 Filing rates and rating information:

Disapproval of filings and procedures, modifying. SB 268Homeowner’s insurance, effective dates, deleting termination procedure. SB 99Procedures, modifying certain. SB 268Property and Casualty Rates, Board for, eliminating extension of certain authority.

SB 99Joint underwriting, modifying procedures. SB 268 Monopolies, prohibiting. SB 268Noncompetitive market, rates to be determined by Board. SB 268 Payment plans of dividends, etc., to policyholders by insurers, not to be rating plan or

system. SB 268 Purpose of act, stating. SB 268 Restrictions on rates, modifying. SB 268 Risk classifications, prohibiting certain basis. SB 268 Rules of rating organizations, deleting certain provisions. SB 268 Rules, plans and regulations, eliminating Board promulgation, requiring insurers to file.

SB 268Violations, technical, resulting from systems or computer errors, procedures. SB 268

Risk management program for state agencies (see PUBLIC AFFAIRS, BOARD OF) Self-insurance, allowing state. SB 191

1116 Subject Index

State Employees Group Health, Dental and Life Insurance Board (see STATE GOVERNMENT, Insurance Board)

State Employees Group Health, Dental and Life Insurance Program (see STATE GOVERNMENT, Employees, Insurance Program)

Statements, certain, required to be filed by insurers, penalties. HB 1318 Surplus line broker, premium tax to be deposited in General Revenue Fund, (smad, smde)

HB 1266Taxes, premium, to be deposited to General Revenue Fund. HB 1266 Teachers:

Group health, dental and life insurance plans (see RETIREMENT SYSTEMS,Teachers)

Teachers’ Group Health and Life Insurance Act, creating. HB 1153 Temporary license, not to be issued to those failing certain examination. HB 1210 Third-party Administrator Act:

Administrator, requiring license and bond. HB 1209 Creating, procedures, report, penalties. HB 1209

Workers’ compensation (see WORKERS’ COMPENSATION)

INSURANCE BROKER ACT, OKLAHOMA (LIFE smad sc) (ACCIDENT AND HEALTH smad, smde, smad) (see INSURANCE)

INSURANCE COMMISSIONER, OFFICE OF THE (see INSURANCE, Commissioner)

INSURANCE DEPARTMENT (see INSURANCE, Commissioner)

INTERESTAd valorem, delinquent, increasing. HB 1265Agencies to pay on invoices after specific period of time. HJR 1010Bond interest rate, increasing certain. SB 259Counties on lease-purchase road machinery and equipment, limiting, (smad, smde)

HB 1272Judgments of courts of record, certain:

Interest on:Decreasing. SB 86 Increasing, (smad) HB 1316 Modifying. HB 1316

Liens, changing, (smad, smde) HB 1040Restitution of victims, to be charged on payable amount. HB 1234 Savings accounts, withholding from, requesting Congress to repeal. SCR 5

INTERLOCAL COOPERATION ACT (see STATE GOVERNMENT)

INTOXICATING LIQUORSAlcoholic Beverage Control Board, Oklahoma (see ALCOHOLIC BEVERAGE

CONTROL BOARD)Beer:

Age to buy:Municipalities, allowing to lower age to age of majority, (smad, smde) HB 1117 Raising to (19 smde) (21 smad). HB 1117

Subject Index 1117

Raising to 21 and prohibiting incarceration for violators under 18. SB 145 (smad, smde); HB 1093

Consumption:Persons under (19 smde) (21 smad), prohibiting. HB 1117Persons under 21, prohibiting; penalties apply to persons under 18 but violation will

not be basis for instituting certain juveniles proceedings. SB 145 Defining as 3.2 alcoholic beverage, an intoxicating beverage, (smad, smde) SB 145 Distance, requiring sellers or dispensers to be from churches and schools, (smad, smde)

SB 145Minor, definition of, repealing. SB 145Package store, limiting distance restrictions, (smad, smde) SB 145 Parent not to supply, (smde) SB 145 Permit to sell from district court clerk:

Requirements, modifying, (smde) HB 1117 Revocation procedures, modifying and repealing. SB 145

Sale of:Employees:

Shall not be under (18 smde) (21 smad, smde), exception. SB 145 Shall not be under (19 smde) (18 smad), exception. HB 1117

Prohibiting:At less than room temperature, exception. SB 145 (smad, smde); SB 252 For transport in opened or nonoriginal containers, expanding, penalties, (smad,

smde) SB 145To persons under (19 smde) (21 smad), (exception, smde) HB 1117 To persons under 21, exception. SB 145

Tax, sales, authorizing. SB 111; HB 1325Temperature, to be at room, exception. SB 145 (smad, smde); SB 252

Tax, sales, authorizing. SB 111; HB 1325Transporting, selling, delivering or furnishing for transport in certain circumstances,

penalties, (smad, smde) SB 145 Children, under influence, may be taken into custody. SB 113Distance, requiring private clubs and sellers or dispensers of nonintoxicating beverages to

be certain distance from churches and schools, (smad, smde) SB 145 Drunk drivers (see MOTOR VEHICLES, Drunk drivers)License fees, increasing, (smad) SB 57 Private clubs:

Defining, (smad, smde) SB 57Distance from churches and schools, requiring certain, (smad, smde) SB 145 License and fee, establishing, to be issued by Alcoholic Beverage Control Board,

allowing cities and towns to levy annual fee. (smad, smde) SB 57 Prohibited acts, transporting, selling, delivering or furnishing for transport in certain

circumstances, penalties, (smad, smde) SB 145 Stores, retail, increasing license fee. (smad) SB 57 Transporting (see Prohibited acts, above)

INVESTIGATION, OKLAHOMA STATE BUREAU OF (OSBI)Advisory Board to Director of Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control to become Advisory Board to Director of OSBI. (smde) HB 1160 Appropriations:

Automobiles. SB 53 Evidence funds, SB 53

T118 Subject Index

Generally. SB 53 Reductions in 1982. SB 69 Reward Fund, Oklahoma, (smad) SB 53 Vehicle Theft Unit, (smad) SB 53

Crime reporting system, uniform, changing from quarterly to monthly report from all law enforcement agencies, establishing penalties. SB 157

Investigations:May be initiated by chairmen of certain Senate committees on nominee (for Horse

Racing Commission, smde, smad) SB 101 Reports:

Chairman of Senate Committee which approves nomination may request upon majority vote of committee on background of nominee to Horse Racing Commission, (smad, smde) HB 1160

Legislature, either House, may request by simple resolution, (smad, smde) HB 1160 Livestock auction market, license application. Bureau to investigate and receive fee.

SB 114Missing persons report, directing law enforcement officers to send one copy to Bureau

and one copy (when applicable smad) (to National Crime Information Center smad); (upon discovery of missing person, notify both agencies immediately, smad) HB 1134

Narcotics and Dangerous Drugs Control, Oklahoma State Bureau of, transferring powers, duties and personnel to OSBI. (smde) HB 1160

Racing Enforcement Unit, creating, (smad) (smde) HB 1022 Reports of offenses:

Certain, by all law enforcement agencies, establishing, penalties. SB 157 Missing persons and unidentified human bodies, to be given by law enforcement

agencies, (smad, smde) HB 1173 Security guards, to register, requirements, (smad) HB 1103

INVESTMENT OF FUNDSWater investment certificates, increasing amount State Treasurer allowed to purchase.

SB 156

JAILSChildren:

Detention of, requiring standards, (smad, smde) SB 271 May be detained in, under certain circumstances. SB 232

Corrections, Director of, no longer to have jurisdiction over county, city and town.(smad) HB 1422

Counties:County Jail Improvement Fund, restricting use. HB 1085 Corrections Department to reimburse for care of felons. SB 1 Hospital care for inmates, providing. SB 158

Inspections, Board of Health to promulgate inspection standards. HB 1321

JOB TRAINING PARTNERSHIP ACT, COORDINATING COUNCIL FORInmate training, requiring expenditure of job training funds, (smad) HB 1180

Subject Index 1119

JOINT BILL PROCESSING, OFFICE OFAppropriations:


JOINT COM M ITTEE ON FEDERAL FUNDS (see STATE GOVERNMENT)

JUDGES AND JUSTICESDistrict judges, modifying Districts. SB 296; HB 1404 Marriage ceremony performed by judge, increasing fee. HB 1312 Retirement system (see RETIREMENT SYSTEMS)Sentencing, to decide except in case of first degree murder. SB 330

JUDICIAL DISTRICTS (see COURTS)

JUDICIAL RETIREM ENT (see RETIREMENT SYSTEMS)

JUDICIARY, COURT ON THE (see COURTS)

JURORS (see COURTS)

JUVENILE DETENTION IMPROVEMENT FUND (see ECONOMIC AND COMMUNITY AFFAIRS, DEPARTMENT OF)

JUVENILE PROCEEDINGS (see CHILDREN)

K

KERR INDUSTRIAL APPLICATIONS CENTER (KIAC)Contracts with, funding. SB 45

“ KICK THE LITTER HABIT DAY”Requesting Governor to designate May 1. HCR 1009

KING, DR. MARTIN LUTHER, JR .Birthday, January 15th, designating state holiday. SB 246 School holiday, creating. HB 1113

KOREAN VETERANS MONUMENT (see VETERANS)

LABORAmusement ride safety (see AMUSEMENTS AND SPORTS) Elevators, freight, repealing inspection and safeguarding. HB 1339

1120 Subject Index

Employment Security Act:Benefits, unemployment:

Amount, changing and limiting (when statewide unemployment reaches certain percentage, smde) HB 1223

Appeals, hearing, notice of referees decision, modifying. HB 1223 Computation of benefit amount, changing from total wages to taxable wages, (smad)

HB 1223Disqualification, modifying procedures. HB 1124; HB 1223 Recovery and recoupment of benefits by state, modifying time period. HB 1223 Wage requirement during base period, modifying. HB 1223

Contributions, employer contributions, modifying, (exceptions, smad) HB 1223 Information, supplying to government and state agencies. HB 1419 Surcharge, providing, (smad) HB 1223 Wages, modifying definition. HB 1223

Employment Security Commission (see EMPLOYMENT SECURITY COMMISSION)Labor contracts, state, reduction of, allowing, procedures. SIR 8Taxable wages, defining, (smad) HB 1223Unemployment benefits (see Employment Security Act, above)Wages (see WAGES)

LABOR, DEPARTMENT OFAppropriations:


Rules pertaining to boilers and pressure vessels, certain, disapproving. SR 8

LABOR RELATIONS (see COLLECTIVE BARGAINING)

LAND OFFICE, COMMISSIONERS OF THEAppropriations:

Generally. SB 33 Reductions in 1982. (smad) SB 69

Family Farm Security Act, creating, to administer program. SB 231 Lease and Sale Division, abolishing. SB 322Procedures and provisions, general updating, revising and modifying. SB 322School lands, not to be sold unless authorized by official action of Commissioners. SIR 5Soil Conservation Division, abolishing. SB 322

LAND SURVEYORS (see PROFESSIONS AND OCCUPATIONS, Engineers and Land Surveyors)

LANDLORD AND TENANTAbandoned personal property by tenant, increasing filing fee for court action, (smad)

HB 1393

LAW ENFORCEMENT EDUCATION AND TRAINING, COUNCIL ONAppropriations:


County Law Enforcement Fund, creating and funding. SB 4

Subject Index 1121

Security guards, weapons carrying, requiring training. HB 1103Training for sworn and certified officers, requiring certain to maintain certification.

Council to establish curriculum. HB 1307

LAW ENFORCEMENT OFFICERSArrests, warrants, modifying procedures by arresting officer, (smad) SB 179 Children, missing, to immediately start investigation. HB 1173Crime reporting system, uniform, changing from quarterly to monthly report, penalties.

SB 157Domestic Abuse Act, Protection from, protective orders and ex parte orders, modifying

distribution instructions and establishing statewide validity. SB 103 Evidence seized in violation of constitutional rights, not to be suppressed unless violation

was substantial and not in good faith, standards. SB 243 Good faith, defining, (smad, smde) SB 179Gross Production Tax, invoices or load tickets of transporters of products subject to,

inspection of, adding county sheriffs, deputies and muncipal police. SB 181 Law Enforcement Officers Training Fund, requiring deposit of certain municipal funds.

SB 176Mentally ill, (alcohol-dependent or drug-dependent smad) persons, appearing to be:

Confinement, procedures for. (smad) SB 62Extending time of emergency detention after being taken into protective custody by

officer, (smde) SB 62Missing persons, report of, directing copies to be distributed; providing notification.

HB 1134Prearraignment release, authorizing, procedures. HB 1016 (smad); HB 1017 Pretrial release program, designated employees to become. HB 1016 Property in custody, disposition procedures, exceptions, (smad) SB 179 Reports of offenses:

Certain, establishing, penalties. SB 157Missing persons and unidentified human bodies, to be given by agencies to Oklahoma

State Bureau of Investigation, (smad, smde) HB 1173 Retirement system (see RETIREMENT SYSTEMS)Training, certain, requiring sworn and certified officers to complete to maintain

certification. HB 1307Warrants for arrest, modifying procedures by arresting officer, (smad) SB 179

LAW ENFORCEMENT OFFICERS TRAINING FUND (see LAW ENFORCEMENT OFFICERS)

LAW ENFORCEMENT RETIREMENT BOARD, OKLAHOMA (see RETIREMENT SYSTEMS)

LAYOFFS AND REDUCTIONS IN FORCE (see STATE GOVERNMENT, Employees and officers)

LEGAL NOTICESNewspapers, modifying qualifications. HB 1115

LEGISLATIVE FISCAL OFFICEAppropriations:

Generally. HB 1044

1122 Subject Index

Reductions in 1982. SB 69 Retirement systems, actuarial studies. HB 1044 Southwest Regional Energy Council. HB 1044

Audits and reviews, to receive copies from each state agency. HB 1368 Block Grant Programs, audits. HB 1328Budgetary matters. Office to be clearinghouse for Legislature of all, requiring reports to

Pro Tempore and Speaker. SB 301 (smad); SB 320 (smad); HB 1368 Reports to. Construction and Properties Division of Board of Public Affairs, various

SB 305 (smad); HB 1298

LEGISLATIVE INTENTAgencies preference in purchasing. SCR 21Agriculture Department, Forestry Division, to provide fire protection to certain areas if

funds available, (smad) HB 1065Appropriations, reductions in 1982 for certain offices and organizations. SCR 1 Bail, Administrative Director of Courts to give report to Insurance Commissioner.

HJR 1024Balanced budget, reductions in appropriations to attain, (smad) SB 69 Corrections, Department of, to establish new community treatment center in Tulsa.

(smad) HB 1074County Primary Road Improvement Act, creating, to promote and provide for

coordinated, efficient and economical designation, inventory and improvement of county primary road systems. SB 138

Criminal Appeals, Court of, if bail paid by defendant, to determine financial status prior to appointing attorney paid from Court Fund, (smad) HB 1187

Estates, applicability of certain statutes, (smde) SB 293 Evidence, admissibility or suppression in certain cases, (smad, smde) SB 179 Health Maintenance Organization, membership to be supplied to state employees by State

Employees Group Health, Dental and Life Insurance Board. SCR 14 Higher lo ca tio n :

Appropriation, specifying expenditures. SCR 24 Assessments of institutions, to limit, (smad) SB 69

Historical, archaeological, architectural and cultural assets of state, to identify, record and preserve. SB 141

Historical Society, supplemental employees for access to library collections for extended hours. SB 36

Human Services, Department of. Human Services, Director of, and Human Services, Commission for, directing moratorium on reduction of personnel, programs or Services. SR 12; SCR 11 (rescinding); HJR 1023 (repealing smad)

Human Services, Department of, to continue operations based on revenues derived from state sales tax and federal revenues. SCR 11

Insurance, automobile liability policy, medical coverage, to prohibit limitations in certain policies. SB 175

Job Training Partnership Act, Coordinating Council for, to expand job training funds for inmate training, (smad) HB 1180

Joint Committee on Federal Funds, designating as the legislative entity responsible for continuous oversight and supervision of federal funds. SB 105

Litter statutes to be enforced. SR 29Medicaid program, state, prospective rate of reimbursement not to exceed rate in effect

for fiscal year ending June 30, 1982, exception, (smde) HJR 1023

Subject Index 1123

Mental Health, Department of, to conduct a study of the need for mental health care for the deaf and hearing impaired. HCR 1010

Mineral interests, to provide a method whereby ownership can be determined or abandoned interests can be merged with the ownership of the surface of the land.(smde) SB 100

Mortgage bonds, allocation of funds to Tulsa and Oklahoma County Home Finance Authority. SCR 23

Offenders, placement of persons in appropriate sentencing and correctional programs be encouraged. SCR 6

Prison visits by delinquent children, to present realistic view of prison life. HB 1099 Public utilities, definitions of residential customers, not to be unnecessarily restrictive.

SJR 13Purchases from handicapped and prison industries. SCR 21(Residents smad) (Grain harvesters nonresident, smde) imposition of certain use fees and

taxes limiting; (negotiations with other states encouraged, smad) HCR 1001 Returnable Beverage Container Management Act, to promote conservation of natural

resources, reduce litter and solid waste and reduce litter related injuries and damage.SB 264

School libraries to have adequate staff. SB 14Senior citizens, the objectives of the Older Americans Act of 1965, 42 U.S.C.A., 3001 et

seq., should be achieved for all older citizens of Oklahoma. Planning and operation of programs for older citizens shall be undertaken by older citizens and certain others.SB 284

Sentencing of offenders, to be proportionate to seriousness of crime. SB 306 Thorpe, Jim, to establish memorial, (smde, smad) SB 36

LEGISLATUREAlcoholism and Drug Dependency Treatment Insurance Advisory Committee, creating,

two representatives of Legislature to be members. SB 281 Ballot titles, referendum. Secretary of State to submit to President Pro Tempore and

Speaker for approval as implementing legislative intent. HB 1176 Block Grant funds, to appropriate for specified services. HB 1327 Economic emergency, allowing Governor to proclaim and reduce all state employees’

salaries, with legislative oversight, constitutional amendment. SJR 27 Federal Funds, Joint Committee on, powers and responsibilities, modifying. SB 105 House of Representatives:

Advisory Board to assist Insurance Commissioner, Speaker to appoint one member.HB 1341

Aging, Commission on. Speaker to appoint two members. SB 284 Appropriations:

Generally. HB 1043Reductions in 1982. SB 69Reductions in 1982, legislative intent. SCR 1Session laws, (smad) SB 58

Budget review and analysis, requiring. SB 301 (smad); HB 1368 (smde) Capitol-Medical Center Improvement and Zoning Commission, Speaker to appoint

member. SB 220Chief Clerk-Administrator to purchase and distribute statutes. HB 1206 Education Employment Relations Commission, to give approval of appointments,

(smde) SB 188

1124 Subject Index

Mental Health Board, Community, appointment of members, (deleting smde) with advice and consent of Speaker. SB 297

Reports to (see below)Science and Mathematics, Oklahoma School of. Board of Trustees, Speaker to appoint

(two smde) (seven smad) members. HB 1286 Sunset Review, Joint Committee on. Speaker to appoint five members, (smad) SB 263

Human Services Reserve Fund, subject to appropriation at certain level. HB 1218 Joint rules for Thirty-Ninth Legislature, adopting. HCR 1002Legislative oversight, economic emergency, allowing Governor to proclaim and reduce

salaries of state employees and officials, constitutional amendment. SJR 27 Public Affairs, Office of. Director, to establish salary. SB 305 Public Common School Building Equalization Fund, State, removing limit on amount

paid to or for any school district from Fund, authorizing in observance to establish formula for payments from Fund. SJR 26

Recess:Beginning March 24, 1983, ending April 11, 1983, authorizing. HCR 1008 Beginning May 26, 1983, ending May 31, 1983, authorizing in observance of

Memorial Day. HCR 1017 Reports to:

Aging, Department on, annual report by Director. SB 284 Agriculture, Department of, research programs. HB 1065Alcohol and Drug Abuse Prevention, Training, Treatment and Rehabilitation Authority,

annually to President Pro Tempore and Speaker. SB 163 Auditor and Inspector, Office of:

Fiscal audit of programs of Department of Human Services. SJR 29 Performance audit of programs of Department of Human Services to Pro Tempore,

Speaker and chairmen of appropriation committees. SJR 29 Children and Youth, Commission on, on implementation of services to exceptional

children to Pro Tempore and Speaker, (smde) HB 1271 Construction and Properties Division of Board of Public Affairs, any fraud or waste to

Pro Tempore and Speaker. SB 305 (smad); HB 1298 Criminal Appeals, Court of, capital cases pending and disposed of, annually to Senate.

SR 13Education, Department of, on implementation of services to exceptional children,

(smad) HB 1271Education, State Board of, on salary minimums for school teachers, (smad) HB 1179 Employment reports by state agencies to Pro Tempore and Speaker. HJR 1002 Finance, Director of, financial matters to Pro Tempore and Speaker. SB 320; HB 1425 Governor to no longer report on pardons and paroles. SJR 10 Health, Commissioner of, low-level radioactive waste disposal site studies, annually.

SB 80Higher Education:

Entry-year Assistance Program study to Pro Tempore and Speaker. SCR 24 Standards for admission and graduation, study. SCR 24

Historic Preservation Review Committee to Speaker and Pro Tempore on reports on acquisition of land by Historical Society. HB 1083

Historical Society on sites owned or operated by state, (smad) SB 36 Horse Racing Commission, annually, to Pro Tempore and Speaker. HB 1022 Human Services, Department of. Human Services, Director of and Human Services,

Commission for, on proposed reductions in services, institutions or personnel and

Subject Index 1125

disposition of lands and property. SR 12; SCR 11 (rescinding); HJR 1023 (repealing, smad)

Investigation, Oklahoma State Bureau of, orders concerning controlled dangerous substances to Pro Tempore and Speaker, (smde) HB 1160

Layoffs and reductions in force, agencies, boards and commissions to report cost savings achieved quarterly to Pro Tempore and Speaker. SB 327

Legislative Fiscal Office, budgetary matters to (Pro Tempore and Speaker, smde)(House and Senate, smad) HB 1368

Personnel Management, Office of, payroll overpayment and remedial actions and recoveries, quarterly to Pro Tempore and Speaker. HB 1416

Police Pension and Retirement System to Pro Tempore and Speaker on amortization of unfunded liability. SB 183

Purchasing Director, State, certain requests for waivers or increases, (quarterly smde) (monthly smad) to Pro Tempore and Speaker. SB 320; HB 1425

Senatorial district offices, staffing, furnishing, etc. to Pro Tempore. SB 260 Sentencing Guidelines, Commission on, on standard sentencing ranges. SB 306 Science and Mathematics, Oklahoma School of. Board of Trustees of, annual budgets.

HB 1286Tax Commission to investigate if taxes have been paid on manufactured homes.

HCR 1015Teachers’ Retirement System Board of Trustees to Pro Tempore and Speaker on

feasibility of health, dental and life insurance plans, (smad) SB 162 Teaching Hospitals, Oklahoma, independent audit report to Pro Tempore and Speaker,

(smad) SB 46Tourism and Recreation Department to Pro Tempore and Speaker quarterly on

multicounty organizations. SB 41Transportation Department on progress of Rural Roads Study Committees, annually to

Pro Tempore and Speaker. SB 262 Senate;

Advisory Board to assist Insurance Commissioner, Pro Tempore to appoint one member. HB 1341

Aging, Commission on. Pro Tempore to appoint two members, advice and consent on Governor’s appointments. SB 284

Appropriations:Generally. SB 18 Reductions in 1982. SB 69 Reductions in 1982, legislative intent. SCR 1

Budget review and analysis, requiring. SB 301 (smad); HB 1368 (smde) Capitol-Medical Center Improvement and Zoning Commission, Pro Tempore to appoint

member. SB 220 Claims during interim. SR 27Education Employment Relations Commission, to give advice and consent on

appointments, (smde) SB 188Election Board, State, appointment of members, to give advice and consent. SB 69

(smad); SB 213Election Law Enforcement Commission, appointment of members, to give advice and

consent. SB 261Health, Dental and Life Insurance Board, State Employees Group, rules and regulations

of, disapproving certain. SR 6Insurance Commissioner, apjwintment of, to give consent. SJR 19

1126 Subject Index

Investigations by Oklahoma State Bureau of Investigation upon request of committee chairman into (Horse Racing Commission smde, smad) nominee. SB 101

Labor, Department of, rules pertaining to boilers and pressure vessels, certain, disapproving. SR 8

Mental Health Board, Community, appointment of members, (deleting smde) with advice and consent of Pro Tempore. SB 297

Pardon and Parole Board, full time, to give advice and consent on appointments. SIR 10

Property, protection of during interim. SR 27Public Affeirs, Department of, appointment of Director, to give advice and consent.

SB 288Public Affairs, office of, appointment of Director, to give advice and consent. SB 305 Public Instruction, Superintendent of, appointment of, to give consent. SIR 18 Reports to (see above)Senatorial district offices, creating, staffing, furnishing, reports to Pro Tempore.

SB 260Science and Mathematics, Oklahoma, School of. Board of Trustees, Pro Tempore to

appoint (two smde) (seven smad) members. HB 1286 Sunset Review, Joint Committee on. Pro Tempore to appoint five members, (smad)

SB 263Wheat Commission, appointment of members, to give advice and consent. SB 241

Sessions;Directing regular sessions during odd-numbered years and budget sessions during

even-numbered years, procedures. SIR 17 Sunset Review, Joint Committee on, creating, (smad) SB 263Water development, adequate statewide, to enact laws, constitutional amendment. SJR 11

LEMON LAW (see MOTOR VEHICLES, Warranties)

LIABILITY (see CIVIL PROCEDURE)

LIBEL (see CIVIL PROCEDURE)

LIBRARIESSchools, specifying staff and duties. SB 14

LIBRARIES, DEPARTMENT OFAppropriations:

Generally. HB 1055 Reductions in 1982. SB 69 Renovation, (smde) SB 58

Waltz, state, official depository for. HB 1184

LICENSE AND REGISTRATION ACT, MOTOR VEHICLECreating new. SB 242

LICENSE TAG AGENTS (see MOTOR VEHICLES, Tag Agents)

LICENSING AND/OR CERTIFICATIONArchitects, modifying. HB 1097 Barbers, modifying. HB 1199

¥

Subject Index U21

Cosmetologists, modifying. HB 1195Dental Plan Act, Prepaid, creating, requiring license. HB 1299 Horse racing (see AMUSEMENTS AND SPORTS)Insurance Adjusters Licensing Act, general modification. HB 1341 Insurance Broker Act, Oklahoma (Life smad) (Accident and Health smad, smde, smad),

creating. HB 1358Livestock auction markets, modifying. SB 114Private clubs, establishing license to be issued by Alcoholic Beverage Control Board,

(smad. smde) SB 57Securities Commission, modifying licensing and exemptions from, (smad) HB 1062 Seed dealers, modifying. SB 198

LIENS ^Bond, surety, to be filed with county clerk by mortgagor or mortgagor’s general

contractor for labor and materials liens on constructing and remodeling house. SB 289 Crops, allowing liens on, for amount due on seed, fertilizer and chemicals and application

costs. SB 102Crops, growing, unharvested, not allowing under certain conditions, repealing. SB 76 Interest, changing, (smad, smde) HB 1040 Mechanics’ and materialmen’s;

Notice and filing of lien statement, modifying, and (deleting smde) (increasing smad) fee. SB 119

Medical assistance, payment of, by Department of Human Services to constitute lien, procedures. HB 1086

Mortgagee to obtain certain information from mortgagor and mortgagor’s contractor on construction or remodeling of house. SB 289

Oil and gas, property and proceeds to have if contractors or subcontractors payment not made, allowing, (with certain limitations, smad) HB 1081

Release, certificate of, procedures. HB 1040Support payments in divorce reduced to judgment may be lien against real property.

HB 1033Trust funds on, not to prevent labor, mechanics’ or materialmen’s liens. SB 279 Waiver, requiring mortgagor to acquire on lien subsequent to contractors in constructing

or remodeling house. SB 289

LIEUTENANT GOVERNOR, OFFICE OF THEAppropriations;


Capitol Visitor Information Center, transferring to Public Affairs, Board of. (smad)HB 1050

Protection of under direction of Commissioner of Public Safety. SB 274 Spouse, travel and subsistence, to receive when attending official function at Governor’s

request, (smad) SB 274Travel and subsistence, to receive when attending official function at Governor’s request,

(smad) SB 274

LIFE INSURANCE AND ANNUITY POLICYHOLDERS PROTECTION ACT (see INSURANCE)

1128 Subject Index

LIMITED PARTNERSfflPS (see PARTNERSHIP)

LIQUEFIED PETROLEUM GAS BOARDAppropriations:


Assessment, for LP-Gas bulk delivery truck or trailer failing annual inspection, providing, (smad) HB 1061

Fees, increasing, (smad) HB 1061 LITTERING“ Clean is Beautiful Month’’ (see “ CLEAN IS BEAUTIFUL MONTH” )“ Kick the Litter Habit Day” (see “ KICK THE LITTER HABIT DAY” )Motor vehicle operator liable, (with exception, smad) HB 1014 Penalty, allowing litter pick up in lieu of fine and imprisonment. HB 1014 Returnable Beverage Container Management Act, creating. SB 264 Statutes to be enforced, legislative intent. SR 29

LIVESTOCK (see AGRICULTURE)

LOANSConsumer loans (see CONSUMER CREDIT CODE)Revolving loan accounts (see CONSUMER CREDIT CODE)Supervised loans (see CONSUMER CREDIT CODE)

LONGEVITY PAY (see STATE GOVERNMENT, Employees and officers)

Me

McCABE, EDWARD P.Portrait in State Capitol, requiring, (smde, smad) HJR 1017

McCARTY, J .D ., CENTER FOR HANDICAPPED CHILDRENAppropriations:

Generally. HB 1069Reductions in 1982. SB 69Repairs and equipment, (smad) SB 58

McDo n a l d , g l e n n “ t -b o n e ”Praise and appreciation. SR 9

McGEE CREEK PROGRAM (see ECONOMIC AND COMMUNITY AFFAIRS, DEPARTMENT OF)

M

MANICURIST (see PROFESSIONS AND OCCUPATIONS, Cosmetology)

Subject Index 1129

MANSION, GOVERNOR’S (see GOVERNOR)

MANUFACTURED HOMESLicensing requirements:

Ad valorem tax to be paid. HB 1170 Excise tax to be paid. HB 1170

Mobile home parks, required to have storm shelters. SB 154 Taxes, Tax Commission to investigate if all have been paid. HCR 1015 Title, certificate of, receipts attached thereto removal with intent to misrepresent, guilty of

felony. HB 1170 Transporting:

Liability insurance required. HB 1170 Permits:

Denied if taxes not paid. HCR 1015 Required. HB 1170

MARRIAGE (see CIVIL PROCEDURE)

MECHANICS’ AND MATERIALMEN’S LIENS (see LIENS)

MEDICAL ASSISTANCE (see HUMAN SERVICES, DEPARTMENT OF)

MEDICAL CARE AND TREATMENT (see CIVIL PROCEDURE, Torts)

MEDICAL RECORDS (see CIVIL PROCEDURE, Torts)

MEDICAL EXAMINERS, STATE BOARD OF (see PROFESSIONS AND OCCUPATIONS)

MEDICAREMemorializing President, Congress and Secretary of United States Department of Health

and Human Services to make Oklahoma single-statewide reimbursement locality.SCR 4

Teachers (see RETIREMENT SYSTEMS, Teachers’ Retirement System)

MEDICOLEGAL INVESTIGATIONS, BOARD OFAppropriations:


MEMORIAL HOSPITAL, OKLAHOMA (see HUMAN SERVICES, DEPARTMENT OF, Hospitals)

MENTAL HEALTHAlcohol Prevention, Training, Treatment and Rehabilitation Authority:

Alcoholism and Drug Dependency Treatment Insurance Advisory Committee, creating, representative to be member. SB 281

Drugs, including. SB 163Alcohol and Drug Abuse Prevention, Training, Treatment and Rehabilitation Authority:

Creating. SB 163

1130 Subject Index

Drug-dependent person, defining. SB 163 Report to President Pro Tempore and Speaker, requiring. SB 163

Alcohol and Drug Abuse, Advisory Council, creating. SB 163 Alcoholism Advisory Council, abolishing. SB 163Alcoholism catchment area or service area, metropolitan areas having more than one,

procedures for plans and membership, (smad) SB 297 Commitment of individual, alcohol or dependent, procedures. SB 163 Community-based clinical services service plan, to be prepared by Commissioner of

Department of Mental Health and Director of Department of Human Services. SJR 22 Community Mental Health Board:

Alcohol and drug abuse planning responsibility, directing. SB 297 Members, decreasing, modifying methods of appointment. SB 297 Name, changing to (Alcohol, Drug Abuse and smad) Community Mental Health

Planning and Coordination Board. SB 297 Responsibilities and authority, modifying, (smad) SB 297 Service areas, overlapping, Oklahoma and Tulsa Counties may develop plans with

adjacent counties. SB 297 Services, provision of to certain persons. SB 297

Drug Abuse Prevention, Therapeutic Advisory Council, abolishing. SB 163 Drug Abuse Services Revolving Fund, creating. SB 163 Drug Treatment and Rehabilitation Authority, Alcoholism and Drug Dependency

Treatment Insurance Advisory Committee, creating, representative to be member. SB 281

Epileptics, sterilization, repealing. SB 15Insurance, health, policies to cover alcohol dependency treatment. SB 281 License fee, treatment facility for alcohol and drug abuse, reducing. SB 163 Mentally ill, (alcohol-dependent or drug-dependent smad) persons:

Appearing to be:Confinement and commitment, specifying procedures, (smad) SB 62 Extending time of emergency detention after taking into protective custody by law

enforcement officer, (smde) SB 62Guardian, court to appoint if over 18 and in institution, (smad) HB 1239 Superintendent of institution in which confined to be guardian, (unless over 18. smad)

HB 1239Professional, licensed mental health, defining, (smad) SB 62 Sterilization of epileptics, mental patients and habitual criminals, repealing. SB 15 Vehicles, handicapped-equipped, authorizing purchase by (hospitals and community

mental health centers within smde) Department of Mental Health. SB 269

MENTAL HEALTH CENTERS, COMMUNITY (see MENTAL HEALTH, DEPARTMENT OF)

MENTAL HEALTH, COMMISSIONER OF (see MENTAL HEALTH, DEPARTMENT OF)

MENTAL HEALTH, DEPARTMENT OFAppropriations:

Alcohol, Drug Abuse and Mental Health Block Grant Services, (smde) HB 1328 Carl Albert Community Mental Health Center, reappropriation, (smad) SB 58 Central State Hospital, reappropriations, (smad) SB 58

Subject Index 1131

Eastern State Hospital, reappropriations, (smad) SB 58 Generally. SB 47 Reappropriations. SB 58 Reductions in 1982. SB 69Smalley Center, Phil, reappropriations, (smad) SB 58

“ Blyth Therapy Center, William,” of Western State Hospital, naming. Department and Board of Public Affairs to erect markers. HJR 1004

Children:Authorizing placement, by Department in mental health facilities (or group homes,

smad, smde) SB 271Exceptional, delivery of related services to, procedures. HB 1271

Commissioner:Community-based clinical services service plan, to prepare with Director of Department

of Human Services, (and reimburse Department of Human Services for federal fund loss, smad) SJR 22

Community Mental Health Board, (Commissioner smde) (Governor smad) to appoint members. SB 297

(Community mental health centers smde) (Department smad), authorizing purchase of handicapped-equipped transportation vehicles and vans. SB 269

Community mental health nonprofit organizations, funding, allowing contracts. SB 47 Data Processing Planning and Management Act, exempting, (smde, smad) SB 282 Deaf and hearing impaired, encouraging Department to cooperate with Commission on

Deaf and Hearing Impaired to devise plan for improved mental health care. HCR 1010 Domestic violence, victims, shelter programs, funding, allowing contracts. SB 47 Griffin Memorial and Central State Hospitals, transferring operation and management to

Department of Human Services, making Griffin a satellite of Oklahoma Memorial Hospital. SB 158

Hospital services for inmates of correctional institutions:Cost for services provided by Oklahoma Memorial Hospital, (Department of

Corrections smde) (all boards, commissions or agencies smad) to pay. HB 1217 Including county jails, transferring certain responsibilities to Department of Human

Services. SB 158(Hospitals smde) (Department smad), authorizing purchase of handicapped-equipped

transportation vehicles and vans. SB 269 Incentive pay for physicians in Department, allowing. SB 47Insanity, acquittal by reason of, directing defendant remain in custody of Department of

Mental Health for certain period, court must approve release. HB 1360 Lease of land to City of Norman, directing Department and Board of Public Affairs to

execute. SJR 9Western State Hospital, ‘‘William Blyth Therapy Center,” naming new therapy center.

Department and Board of Public Affairs to erect markers. HJR 1004

MERCY KILLINGProhibiting. SB 73

MERIT SYSTEM OF PERSONNEL ADMINISTRATIONClassification of personnel, modifying requirement, (smad) HB 1416 Corporation Commission, certain employees to be unclassified, (smad) HB 1066 Funds to be deposited to General Revenue Fund. SB 64 Horse Racing Commission employees to be under, (smad) HB 1022

11132 Subject Index

Human Rights Commission, Administrator of Enforcement to be exempt, (smad, smde) HB 1068

Human Services, Department of. Financial Director to be classified, (smde) SIR 29 Mammal Control Agents, certain, to be subject to System. SB 193 Public Affairs, Department of, establishing two assistant directors, one only to be

elassified. SB 288

METROPOLITAN AREA PLANNING COMMISSIONS (see COUNTIES AND COUNTY OFFICERS)

MID-DEL YOUTH AND FAMILY CENTER (see APPROPRIATIONS)

MILITARY DEPARTMENT, OKLAHOMAAppropriations:

Generally. HB 1077Reappropriations for armory construction. SB 58Reductions in 1982. SB 69Scholarships:

National Guard, funding. HB 1077 ROTC. (smad) HB 1077

Insignia, Indian Chief and Thunderbird, designating as state insignias. SIR 31

MILITARY HISTORICAL COMMISSION, OKLAHOMAAbolishing. SB 219

MINE INSPECTOR, CHIEFAppropriations:


Coal Reclamation Act (see MINES AND MINING)Fee, deleting termination for mining operations, (including minerals in fee. smad)

HB 1320Reports, including minerals with coal, requiring, (smad) HB 1320

MINES, DEPARTMENT OF (see MINE INSPECTOR, CHIEF)

MINES AND MININGCoal Reclamation Act:

Civil actions to compel compliance with act, modifying. SB 205 Corporation Commission to encourage use of state produced coal. SR 17 Costs and expenses, including attorney fees, required by federal law, allowing, (smde)

SB 205Operator assistance program, small. Department to operate. SB 205 Permits, allowing successor in interest to continue operations under certain conditions,

deleting nontransferable provision. SB 205 Regulations and (policies, smde) certain, to be coordinated with Office of Surface

Mining. SB 205“ Small operator” , defining, (smde) SB 205

Explosives, prohibition of use near schools or churches, repealing. HB 1004

Subject Index 1133

Fee, deleting termination for mining operations, (including minerals in fee. smad) HB 1320

Mining Lands Reclamation Act:Bench highwall, allowing operator. SB 230Fence or barrier, (requiring smde) (allowing, smad, smde, smad) SB 230 Permits, modifying time period. SB 230

Ottawa Reclamation Authority (see OTTAWA RECLAMATION AUTHORITY) Reports, including minerals with coal, requiring, (smad) HB 1320

MINIMUM WAGE ACT, OKLAHOMA (see WAGES)

MINING BOARDAppropriations:

Generally. HB 1063 Reductions in 1982. (smde) SB 69

MINING LANDS RECLAMATION ACT (see MINES AND MINING)

MINORITIESDefining and requiring percentage of Central Purchasing contracts to be awarded to.

SB 82

MINORSBeer (see INTOXICATING LIQUORS)Horse racing, pari-mutuel, legislation defined as 21. (smad) HB 1022

MISDEMEANOR CRIMES (see CRIMES AND PUNISHMENTS)

MISSING PERSONS (see INVESTIGATION, OKLAHOMA STATE BUREAU OF)

MOBILE HOMES (see MANUFACTURED HOMES)

MONTHS, SPECIAL (see DAYS, MONTHS AND YEARS, SPECIAL)

MORTGAGESBonds, mortgage (see PROPERTY)Indian housing, mutual help and occupancy agreements not to be. SB 89 Real estate mortgage tax (see REVENUE AND TAXATION)

MOTOR CARRIERSAccidents and aecident reports involving certain structures, modifying. SB 207Height and length, limiting. HB 1189Identification devices, modifying requirement, (smad) SB 137Officers, motor carrier, authorizing powers and authority, (smad) SB 137Regulatory act:

Compliance, neglecting or refusing, to be guilty of contempt of CorporationCommission, increasing fine; fines to Motor Vehicle Act Enforcement Fund. SB 136

Deleterious substances:Dumping or disbursing, unlawful for private, common or contract carrier except

where permitted. SB 137

1134 Subject Index

Permit and fee required for transporting, repealing. SB 137 Transporting, by private carrier of property by motor vehicle, requiring saltwater

disposal license. SB 137 Enforcement officers:

Bond, surety, increasing. SB 207 Special enforcement officers, authorizing. SB 136 Uniforms, authorizing. SB 136; SB 207

Motor Vehicle Act Enforcement Fund:Fines:

Certain, to be deposited in. SB 207; HB 1066 (smad)From Corporation Commission contempt proceedings, to receive. SB 136

Vehicles, authorizing expenditure for use of rate field agents and supervisors.SB 136; SB 207

Violations, including additional persons and increasing fines. SB 207Size, weight and load, restrictions, modifying. SB 207Width, increasing allowable. HB 1189

MOTOR FUEL TAX CODE (see REVENUE AND TAXATION)

MOTOR FUEL/DIESEL FUEL IMPORTER FOR USE TAX CODE (see REVENUE AND TAXATION)

MOTOR VEHICLE LICENSE AND REGISTRATION (see MOTOR VEHICLES)

MOTOR VEHICLESAccidents and accident reports, involving bridge, overpass, underpass or architectural

structure, procedures, penalty and liability, including all streets, roads and highways. SB 207

Child passenger restraint system to be used while being transported. SB 107; HB 1005 Children operating when crime committed, age to be considered adult. SB 61 Concrete vehicles, ready-mixed, permits, fees and surety bonds. HB 1130 Driver’s, operator’s, chauffeur’s licenses:

Anatomical gifts (see ANATOMICAL GIFT ACT)Cancellation, suspension or revocation:

Persons under 20, modifying time period of suspension or revocation, (exception, smde) HB 1347

Procedures, modifying and requiring permanent suspension for second conviction of driving under influence of alcohol or drugs, increasing penalties. SB 115

Reinstatement, increasing fee. (smad) SB 54 Driving under influence of alcohol or drugs, second conviction, authorizing permanent

suspension, increasing penalties. SB 115 Driving while license cancelled, suspended or revoked:

Impoundment of vehicle of owner, permitting, procedures for costs and sale, (smde) HB 1034

Penalties, increasing. SB 115 Organ donations (see ANATOMICAL GIFT ACT)Persons not to be licensed, adding those who lack proof of liability insurance. SB 110 Reinstatement (see Cancellation, suspension or revocation, above)Restricted, modifying qualifications, (smad, smde) SB 54

rSubject Index 1135

Drunk drivers:Blood or breath alcohol concentration, certain, involved in personal injury accident,

setting punishments and fines. SB 186Conviction, second, authorizing permanent suspension of license and increasing

penalties. SB 115Court costs, establishing for conviction. HB 1393 Fines, increasing for convictions. SB 160Forfeiture of motor vehicle upon second conviction, procedures, (exception, smad)

SB 152Prior convictions, including municipal convictions. HB 1015

Emergency vehicles (see CIVIL DEFENSE, OFFICE OF)Fiscal year, modifying dates. SB 214Fuels, display of price on dispensing apparatus, requiring. SB 133 Height and length, limiting. HB 1189Impoundment of vehicles when owner allows unlicensed operator to use, procedures for

costs and sale, (smde) HB 1034 Inspection:

Fees, to be deposited to Department of Public Safety Revolving Fund, (smad) SB 54 Liquefied Petroleum Gas bulk delivery truck or trailer to pay assessment for failure to

pass, (smad) HB 1061Windows, light reflectance covering, prohibiting, not to pass, (smad) HB 1226

Insurance (see INSURANCE)Law Enforcement Retirement System (see RETIREMENT SYSTEMS)Lemon Law (see Warranties, below)License and Registration Act, Motor Vehicle, creating new. SB 242 License tags:

Commercial truck license, certain van or van wagon to be unqualified, penalties.HB 1132

Distribution of funds, modifying, (smad) HB 1236 Licensing and registration:

Agents (see Tag agents, below)Apportionment of certain revenue to counties, deposits to sinking fund by county

treasurer, allowing discretion, (smad) HB 1104 Commercial truck license, certain van or van wagon to be unqualified, penalties.

HB 1132Distribution of funds, modifying, (smad) HB 1236Fee, authorizing additional, for tag agent processing of financial responsibility affidavit

at time of registration. HB 1406Garbage and trash collecting motor-driven cycles, exempting. SB 120 Hatchback type of vehicle, including in commercial registration category. SB 125 Indian tribal associations, allowing reduction of amount to register, (smad) HB 1419 License and Registration Act, Motor Vehicle, creating new. SB 242 Manufactured homes, to be licensed, and certificates of title issued, requirements.

HB 1170Motor Vehicle License and Registration Act, creating new. SB 242 Nonresidents employed in state, requiring and adding penalty. SB 208 Personal property, proof of assessment or exemption, requiring. HB 1236 Title, transfer of, seller to verify mileage on back of title, (smad) HB 1248 Travel trailers, not allowing special tags except “ Ex-POW.” HB 1161

1136 Subject Index

Van or van wagon type vehicle with multiple passenger seats, to be unqualified for commercial truck license, penalties. HB 1132

Windows, light reflectance covering, prohibiting, not to be licensed, (smde) HB 1226 Littering, operator liable, (with exception, smad) HB 1014 Motor carriers (see MOTOR CARRIERS)Motor service clubs, trucking:

Arrest bond certificate, guaranteed, increasing amount. SB 207 Bond forfeiture, increasing surety company fine. SB 207 Court appearance, failure to make, increasing fine. SB 207

Motor Vehicle Escrow Account, transferring funds from to General Revenue Fund, (smad) HB 1268

Recreational vehicle parks required to have storm shelters. SB 154 Security interest, perfection of, for motor vehicles, clarifying. SB 149 Size, weight and load:

Overweight vehicles, certain shippers, consignees (and operators smad) to be guilty of misdemeanor, penalties. SB 207

Ready-mixed concrete vehicles, requiring special annual permits, fees and surety bonds. HB 1130

State-owned, passenger vehicles, modifying to authorize Department of Human Services to purchase. HB 1323

Tag Agents:Audits by State Auditor and Inspector, funding. SB 26Fees, for processing affidavit of financial responsibility, authorizing certain, to be

retained by agent. HB 1406Organ donations, to provide certain information to donors, (smde) HB 1278 Organ donors to retain portion of fee from participants, (smad, smde) HB 1278

Travel trailers, not allowing special tags except “ Ex-POW.” HB 1161 Used motor vehicles, salvage title or dismantled, procedures, prescribing penalties.

HB 1248Warranties, compliance, requiring adequate repairs, replacement or refunds under certain

circumstances, procedures. SB 140 Width, increasing allowable. HB 1189Windows, light reflectance covering, prohibiting with limitations, penalties. HB 1226 Wreckers and towing services:

Abandoned motor vehicle, removal of, modifying, requiring use of Tow Request and Authorization Form, procedures. SB 254

Definitions, modifying. SB 254 Employees of, prohibiting certain persons. SB 254License fees, to be deposited to Department of Public Safety Revolving Fund, (smad)

SB 54Rules and regulations, modifying. SB 254Tow Request and Authorization Form, creating. Department of Public Safety to design

SB 254

MULTIPHASIC HEALTH SCREENING LAWCreating. SB 253

MUNICIPAL COURTS (see COURTS)

MUNICIPAL EMPLOYEES (see CITIES AND TOWNS, Employees)

Subject Index 1137

MUNICIPAL POWER AUTHORITY, OKLAHOMA (see CITIES AND TOWNS)

MUSEUMS AND HISTORICAL SITES (see HISTORICAL SOCIETIES AND ASSOCIATIONS)

N

NARCOTICS AND DANGEROUS DRUGS CONTROL, BUREAU OFAbolishing, transferring powers, duties and personnel to Oklahoma State Bureau of

Investigation, (smde) HB 1160Advisory Board to Director, transferring to Oklahoma State Bureau of Investigation.

(smde) HB 1160 Appropriations:

Controlled dangerous substances, purchase to use as evidence. SB 55 Generally. SB 55 Reductions in 1982. SB 69 Vehicles for undercover investigations. SB 55

Destruction of seized property, modifying procedures. HB 1126 Director to be appointed by Commission, (smad) HB 1160 Federal funds, allowing to receive, (smad) SB 58Robbery or attempted of controlled dangerous substances, penalties. SB 94

NATIONAL GUARD, OKLAHOMA (see MILITARY DEPARTMENT, OKLAHOMA)

NATURAL DEATH ACT (see PUBLIC HEALTH AND SAFETY)

NEEDY PERSONS (see POOR PERSONS)

NEIGHBORHOOD DISPUTE BILL (see CIVIL PROCEDURE, Dispute Resolution Act)

NORMAN, CITY OFLease of land to, by state, extending time. SJR 9

NURSING HOMESCounty nursing homes, exempt from county purchasing requirements. HB 1272 Medicaid (see HUMAN SERVICES, DEPARTMENT OF, Medicaid)

NURSING HOMES, STATE BOARD OFAppropriation. SB 50

OFFICERSTort Claims Act, Oklahoma (see CIVIL PROCEDURE, Torts)

11138 Subject Index

OIL AND GASAbandonment and determination of ownership of certain mineral interests, establishing

procedures. SB 100Allocation of proceeds, discrimination. Corporation Commission to take action to end.

SCR 7Contractors and subcontractors allowing liens for nonpayment of labor and supplies in

production of, (with certain limitations, smad) HB 1081 Corporation Commission:

Allocation of proceeds, discrimination, to take action to end. SCR 7 Escrow accounts:

Established for payment under pooling orders, requiring reports, procedures to be followed. SB 299

(Mineral Owner’s Fund smde, smad) (Unclaimed Property Fund smad, smde) funds after period of time to be deposited in. SB 299

Gas, memorializing Commission to allow the order reducing allowable production to expire, directing no further restrictions without 90-day hearing period, requiring consideration of all economic interests. SR 25

Rules and regulations to be promulgated for sharing of revenues. SB 159 (smde, smad); HB 1221

Damage (see Surface damage, below)Division order or sales contract, requiring certain information on stubs of checks written

pursuant to. SB 311Equipment, oilfield, prohibiting defacing serial number or possession of defaced serial

number equipment with penalty, repealing. SB 139 Fund, Special Conservation, receipts for to be deposited to General Revenue Fund,

(smad) HB 1266Gross Production Tax (see REVENUE AND TAXATION)Leaking wells, plugging, replugging or repairing, to include those likely to leak.

HB 1119Liens, property and proceeds, against, by contractors or subcontractors if not paid,

allowing, (with certain limitations, smad) HB 1081 Mineral interests:

Abandonment and determination of ownership of certain, establishing procedures.SB 100

Escheated, allowing actions to be filed by (interested smde) party, allowing (expenses and attorney fees, smde) SB 79

Mineral owners, to share in revenues to extent of pro rata share. SB 159; HB 1221 Operators to divide proceeds, penalty for not. (smad, smde) HB 1221 Ownership determination and abandonment of certain mineral interests, establishing

procedures. SB 100(Participants in costs smde) (Owners smad) of wells:

Refusal of price, allowing. SB 159 (smde, smad); HB 1221 Revenues to share in. SB 159 (smde, smad); HB 1221

Pipelines (see PIPELINES)Plugging:

Financial ability to, proper evidence, by driller or operator or person to whom title transferred, requiring. HB 1251

Plugging, replugging or repairing certain wells, to include those likely to leak.HB 1119

Production, payments for, procedures, (smad, smde) SB 311

Subject Index 1139

Reporting numbers from Tax Commission, procedures and penalties, modifying, (smad) HB 1419

Royalty payments, escrow accounts, to be established, procedures. SB 299 Sales contract or division order, requiring certain information on check stubs written

pursuant to. SB 311Surface damage, requiring filing fee for operator’s surety bond or letter of credit.

HB 1187 (smad); HB 1393 (smad)Sweetheart Bill or Sweetheart Deal Bill (see Participants in costs of wells, above)Tax Commission;

Numbers applied for functions, procedures and penalties. HB 1243 Penalties on assessments, modifying. HB 1243

Trees, cutting down, allowing operators and product purchasers, (smad, smde, smad) HB 1118

OKLAHOMA COUNTY HOUSING AGENCY (see PROPERTY, Mortgage bonds)

“ OKLAHOMA TODAY” MAGAZINEAppropriation. SB 41

“OKLAHOMA WALTZ”Official state waltz, to be. HB 1184

OLDER OKLAHOMANS ACT (see SENIOR CITIZENS)

OPEN MEETING ACTExecutive sessions, allowing Pardon and Parole Board to hold certain. SB 249 Violations, allowing civil actions to be brought, procedures. HB 1216

OPPORTUNITIES INDUSTRIALIZATION CENTER PROGRAM (see VOCATIONAL AND TECHNICAL EDUCATION, BOARD OF)

OPTOMETRY (see PROFESSIONS AND OCCUPATIONS)

ORDNANCE WORKS AUTHORITY, OKLAHOMAAdministrative Procedures Act, exempting from, (smad) SB 282

ORGAN DONATIONS (see ANATOMICAL GIFT ACT)

OSCAR ROSE JUNIOR COLLEGE (see HIGHER EDUCATION)

OSTEOPATHIC EXAMINERS, STATE BOARD OF (see PROFESSIONS AND OCCUPATIONS)

OSTEOPATHIC MEDICINE (see PROFESSIONS AND OCCUPATIONS)

OSTEOPATHY (see PROFESSIONS AND OCCUPATIONS)

OTTAWA RECLAMATION AUTHORITYRecreating. HB 1181

T1 1 4 0 Subject Index

PARDON AND PAROLEConditions for parole, adding suitable residence and deleting requirement for parole

advisor. SB 165Credit given to parolees for self-improvement programs. SB 96Full-time Pardon and Parole Board to have exclusive right to grant paroles. SJR 10

PARDON AND PAROLE BOARDAppropriations:


Conditions for parole, adding suitable residence and deleting requirement for parole advisor. SB 165

District Attorney to report on offenders sentenced to more than 2 years. SB 286 Full-time, to be appointed by Governor, with advice and consent of Senate, to have

exclusive right to grant paroles. SJR 10Hearing to investigate use of force by employee of penal institution against inmate.

Chairman to appoint one panel member. SB 129 Minimum sentence, with exception, felon with more than one conviction must serve prior

to recommendation for parole. HB 1172 Open Meeting Act, allowing to hold certain executive sessions. SB 249 Pardon and Parole, Department of, to administer. SB 131 Paroles, to have final authority in granting. SJR 1 Sentencing Guidelines, Commission on, member to be member. SB 306

PARDON AND PAROLE, DEPARTMENT OFCreating. SB 131Director, creating position, specifying qualifications and duties. SB 131 Transferring property, records, funds, duties and employees to, from Probation and

Parole Division of Department of Corrections. SB 131

PARENTS’ ASSISTANCE CENTERS (see APPROPRIATIONS)

PARI-MUTUEL (see AMUSEMENTS AND SPORTS, Horse racing)

PARKS AND LODGES, STATERune Stone Park, Clem Hamilton, renaming to Heavener Rune Stone Recreation Area,

designating visitor reception center as Clem M. Hamilton Visitor Reception Center, Department to erect markers to honor Hebert Zach Ward, the donor, and Senator ClemM. Hamilton. SJR 21

PAROLE (see PARDON AND PAROLE AND CRIMINAL PROCEDURE, Sentencing)

PARTNERSHIPLimited partnerships, creating new act. SB 122

Subject Index 1141

PASSPORTSCourt clerk:

To collect fees and deposit in (General Revenue Fund of state, smde) (county general fund, smad) HB 1231

To process and deposit fees in court fund. SB 178; SB 308 (smad)

PATERNITY (see CHILDREN)

PEDICURIST (see PROFESSIONS AND OCCUPATIONS, Cosmetology)

PERMITS (see FEES AND PERMITS)

PERSONNEL ACT, OKLAHOMASpecial Disabled Veterans Employment Act, creating. SB 200

PERSONNEL MANAGEMENT, OFFICE OFAdministrator:

Occupation code system, uniform, to develop and maintain for classified and unclassified employees. HB 1416

Uniform occupation code system, responsible for development and maintenance.SB 309

Appropriations:Generally. SB 28 Reductions in 1982. SB 69

Audits of classified service:Personnel Act found not to be followed, procedures to follow. SB 309Salary and wage discrepancies, establishing remedial procedures, requiring reports.

HB 1416Classification of employees, modifying requirement, (smad) HB 1416 Funds, to be deposited to General Revenue Fund. SB 64 Occupation code system (see Administrator, above)Payroll claim not to be paid, unless certain procedures followed. SB 309

PESTICIDES (see AGRICULTURE)

PHARMACIES (see PROFESSIONS AND OCCUPATIONS)

PHYSICALLY HANDICAPPED PERSONS (see HANDICAPPED PERSONS)

PHYSICIAN MANPOWER TRAINING COMMISSIONAppropriations:

Generally. SB 32Prenatal services, for enhancing, (smad) SB 58 Reductions in 1982. SB 69

Community Physician Education Scholarship Fund, appropriation. SB 32Community Preceptor Physician Training and Work Experience Scholarship Fund. SB 32Family Practice and Community Medicine and Dentistry. SB 32Internship and residency cost sharing programs, physicians, appropriation. SB 32Members, nonvoting ex officio, increasing, (smad) SB 32Nursing student assistance program. SB 32

r1142 Subject Index

Osteopathic internships. SB 32Physician and health professional placement service. SB 32Rural Medical Education Loan and Scholarship Fund, appropriation. SB 32

PHYSICIANS (see PROFESSIONS AND OCCUPATIONS)

PIPELINESCutting down trees, procedures, including pipeline companies. HB 1118

PODIATRY, STATE BOARD OF (see PROFESSIONS AND OCCUPATIONS)

POLICE OFFICERS (see LAW ENFORCEMENT OFFICERS)

POLICE PENSION AND RETIREMENT BOARD (see RETIREMENT SYSTEMS)

POLITICAL ACTIVITYCities and towns, employees of, deleting certain restrictions. SB 187; HB 1433

POLITICAL PARTYBingo games, allowing to conduct, (smad, smde) SB 97

POLLUTION CONTROL, DEPARTMENT OFAppropriations;


POOR PERSONS (see also SOCIAL SECURITY ACT, OKLAHOMA)Community Action Programs, funding. HB 1085Corporations, (providing health care services smad) requiring to make certain ownership

information available to the Department of Human Services upon request. SB 266 Housing task force (see ECONOMIC AND COMMUNITY AFFAIRS, DEPARTMENT

OF)Medical assistance, payment of, by Department of Human Services to constitute lien,

procedures. HB 1086 Older Oklahomans Act, creating. SB 284Records from financial or other agencies, authorizing Department of Human Services to

obtain with clients consent to determine eligibility for assistance. HB 1324 Weatherization Revolving Fund, restrictions on use. HB 1085

PORTRAITSPublic Affairs, Board of, to commission certain to hang in State Capitol, (allowing,

smad) HJR 1017

POSTAL SERVICE, UNITED STATESMemorializing, to commemorate the service of American night-fighter squadrons of

World War II by issuing postage stamp depicting the P-61 “ Black Widow” aircraft. SCR 18

POSTMASTER GENERAL, UNITED STATESThorpe, Jim, Commemorative Postage Stamp, request for issuance. SCR 17

Subject Index 1143

PRACTITIONER (see PROFESSIONS AND OCCUPATIONS, Physicians)

PRAISE AND APPRECIATIONBasketball players:

Combs, Leroy, Oklahoma State University. SR 21 Tisdale, Wayman, University of Oklahoma. SR 19

Basketball teams and coaching staffs:Oklahoma State University. SR 18 Panhandle State University, Oklahoma. SR 23

Field, Leon B., naming east tunnel of capital building in honor of, “ Leon B. Field Tunnel.” SIR 16

McDonald, Glen “ T-Bone.” SR 9

PRESIDENT OF THE UNITED STATESMemorializing or requesting to take action on:

Contingency tax of $5.00 per barrel on domestic oil, refrain from imposing. SCR 9 Medicare, to make Oklahoma single-statewide reimbursement locality. SCR 4 Wilderness land in Oklahoma, to prevent sale. SR 15

PRICE-WATERHOUSE (see FINANCE, OFFICE OF STATE, Director, Financial Information System)

PRISONS AND REFORMATORIES (see CORRECTIONS, DEPARTMENT OF)

PRIVATE PRISON INDUSTRIES BOARD (see CORRECTIONS, DEPARTMENT OF, Board)

PRIVATE SCHOOLSSchools operating for profit, deleting exemption from ad valorem tax. SB 248

PRIVATE SCHOOLS, OKLAHOMA BOARD OFAppropriation:


Fees, increasing, (smad) SB 35Tuition paid to nonpublic schools, federal income tax credit for, requesting Congress to

reject. SCR 13

PROBATE PROCEDUREDescent and distribution of a decedent’s estate, modifying procedures. HB 1102Life estates and estates in joint tenancy:

Petition for determination, procedures, repealing. HB 1096 Termination of, modifying procedures. HB 1096

PRODUCTS LIABILITY (see DAMAGES)

PROFESSIONAL PRACTICES COMMISSION (see SCHOOLS)

PROFESSIONAL STANDARDS BOARD (see SCHOOLS)

1144 Subject Index

PROFESSIONS AND OCCUPATIONSAbstractors:

Access to certain instruments, limited, authorizing. HB 1275 Bond, surety, increasing. HB 1275 Responsibility in preparing abstracts. SB 92

Architects:Fees, license, increasing. HB 1097Licensing, qualifications, examination and renewals, modifying procedures. HB 1097

Attorneys:Fees, limiting percentage of judgment or settlement to be charged, (smad) SB I94 Horse Racing Commission, allowing to employ, (smad) HB 1022 Prearraignment release, authorizing, procedures. HB 1016 (smad); HB 1017 Property, title defect, fees to be awarded prevailing party. HB 1114 Salary of, employed by state, not to exceed Attorney General’s, (smad) SJR 30

Bail bondsmen:Forfeiture of bail bonds, deleting the return of certain. HB 1392 Prearraignment release, authorizing, procedures. HB 1016 (smad); HB 1017 Pretrial release program, allowing cities and counties to establish and maintain.

HB 1016 Barbers:

Apprentices, increasing number in shop. HB 1199 Board of Barber Examiners:

Inspections, sanitary, to make in lieu of Health Department. HB 1199 Treasurer of, deleting bond requirement. HB 1199

Education and licensing, certain, modifying. HB 1199 Fees, certain, modifying and establishing. HB 1199

Chiropody, Oklahoma State Board of (see Podiatry, State Board of, below)Chiropractic Examiners, Board of:

Recreating. SB 223Titles of officers, changing certain. SB 223

Cleaners, dyers and pressers:Dry Cleaners Board, State:

Machines using dry cleaning fluid, sale of, requiring notification of Board. HB 1353 Per diem and maximum compensation per year for members, increasing. HB 1353 Revolving Fund, excess to revert to General Revenue Fund, (smad, smde) HB 1353

Inspections of plants and shops:Original, increasing fee. HB 1353 Reinspections, certain, procedures. HB 1353

License and registration fees, increasing and adding. HB 1353 Machines using dry cleaning fluid, sale of, requiring notification of Board. HB 1353 Out-of-state processing of cleaning of leathers, establishing fee. HB 1353 Transfer of ownership, establishing fees. HB 1353

Cosmetology:Cosmetology Act, general modification. HB 1195 Education and qualifications, modifying. HB 1195 Licensing and fees, modifying. HB 1195Manicurist (and pedicurist smad, smde), allowing practice in licensed barber shops.

HB 1020Embalmers and Funeral Directors:

Apprenticeship, registered, limiting. HB 1174

Subject Index 1145

Educational requirements, modifying. SB 68 Fees, increasing. HB 1174License, requiring, (exempting owners, smad) HB 1174 Prearranged funeral services, repealing. HB 1144 Prepaid funeral benefits (see INSURANCE)Reciprocity, providing for. HB 1174

Engineers and land surveyors;Platting errors and defects, authorizing correction, procedures. HB 1356

Medical Examiners, State Board of:Applicants from other states. District of Columbia, Territory of United States, Canada

or England, to be accepted without examination, (smad) HB 1256 Applications, modifying, (smad) HB 1256 Lay member, adding. HB 1256 Qualifications, modifying. HB 1256 Recreating. HB 1256

Optometry:Education, continuing, requiring. HB 1247 License, suspension or revocation, grounds. HB 1247 Reinstatement, fee, specifying. HB 1247

Osteopathy:Fines and punishments, increasing. SB 142 Licensing, modifying. SB 142 Osteopathic Examiners, State Board of:

Membership and terms, modifying. SB 142 Renaming and recreating. SB 142 Secretary-treasurer, increasing bond requirement. SB 142

Osteopathic medicine, defining. SB 142 Qualifications and education, modifying. SB 142

Pharmacies:Robbery or attempted of controlled dangerous substances, penalties. SB 94 Third Party Prescription Act, creating. SB 237

Physicians:Damages against, petitions for recovery of, modifying contents and procedures.

HB 1293Examination, without, applicants from other states. District of Columbia, Territory of

United States, Canada or England, to be accepted, (smad) HB 1256 Liability, establishing. SB 81 Licensure, modifying fees, (smad) HB 1256 Natural death, directive concerning form, procedures. SB 73 Patient information, release for civil action. SB 144Residents of University of Oklahoma College of Medicine, authorizing placement on

payroll of Oklahoma Teaching Hospitals, (smad) SB 46 Standards, establishing. SB 81

Podiatry, State Board of:Education Assistance Contract Program, Oklahoma Podiatry, establishing. SB 215 Fund, changing name from Chiropodist to Podiatrist, (smad) HB 1182 Members, adding lay member. HB 1182 Recreating. HB 1182Renaming to be from State Board of Chiropody. HB 1182

1146 Subject Index

Psychology:Board of Examiners, membership, increasing and modifying terms, qualifications,

removal procedures and quorum requirements. HB 1021 Fees, annual and renewal, increasing. HB 1021 Incorporation with other allied health specialists, allowing. SB 67

Real Estate License Code:Education, continuing, expanding methods, (smad) SB 71 Real Estate Commission, Revolving Fund:

Limit, removing. SB 71Transfer from Oklahoma Real Estate Education and Recovery Fund, requiring.

SB 71

PROPERTYAffidavits, affecting title to real property, allowing, setting out procedures for filing.

SB 91Documentary Stamp Tax (see REVENUE AND TAXATION, Documentary Stamp Tax) Eminent domain (see EMINENT DOMAIN)Human Services, Department of, disposal of real property, procedures, (smde) HJR 1023 Incapacitated spouse, procedures for selling, conveying, leasing or mortgaging of

homestead when occurs. HB 1156Mineral interests, determination of ownership and abandonment, establishing procedures.

SB 100Mortgage bonds, qualified, state ceiling of, allocating certain amounts to Tulsa County

Home Finance Authority and Oklahoma County Housing Agency, and allocating remainder of state ceiling to Oklahoma Housing Finance Agency. SB 312; SCR 23

Platting, authorizing correction of errors and defects, procedures. HB 1356 Public real property, procedures for disposal, (smad) SB 305 Real estate mortgage tax (see REVENUE AND TAXATION)Revaluation of taxable property, payment of cost of, exempting school districts. SB 227 Schools operating for profit, deleting exemption from ad valorem tax. SB 248 Title defects, attorneys fees to be awarded prevailing party. HB 1114 Zone and regulate, instruments and documents, requiring filing, listing. SB 92

PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION (see INSURANCE)

PROPERTY AND CASUALTY RATES, STATE BOARD FORAppropriations:

Generally. SB 43 Reductions in 1982. (smad) SB 69

Authority, eliminating extension of certain. SB 99 Fire insurance, standard policy:

Alternate policy, (Commissioner smde) (State Board for Property and Casualty Rates smad) may approve for use, limitations. HB 1363

“ Loss settlement” clause, (Commissioner smde) (State Board for Property and Casualty Rates smad) may approve alteration, requirements. HB 1363

Fund, State Board for Property and Casualty Rates, transferring to General Revenue Fund, (smad) HB 1266

Taxes, premium, to be deposited to General Revenue Fund, (smad) HB 1266

Subject Index 1147

PSYCHOLOGISTS (see PROFESSIONS AND OCCUPATIONS)

PSYCHOLOGISTS, STATE BOARD OF EXAMINERS (see PROFESSIONS AND OCCUPATIONS)

PUBLIC AFFAIRS, BOARD OFAeronautics Commission, deleting requirement of Board to provide office space, (smad,

smde) SB 305 Appropriations:

Agriculture Building, funding for utilities, maintenance personnel, maintenance supplies and all moving expenses, (smad) HB 1050

Generally. HB 1050 Reductions in 1982. SB 69 Specific projects, (smad) SB 58

“ Blyth Therapy Center, William,” of Western State Hospital, naming. Board and Department of Mental Health to erect markers. HJR 1004

Capitol building, “ Leon B. Field Tunnel,” naming east tunnel in honor of Leon B.Field. SIR 16

Capitol cafeterias, funding. HB 1050Capitol Improvement Authority (see CAPITOL IMPROVEMENT AUTHORITY)Capitol Information Center (see Capitol Visitor Information Center, below) Capitol-Medical Center Improvement and Zoning Commission:

Funding. HB 1050Members, increasing and changing. SB 220Notice to violators of statutes coneeming, modifying. HB 1263Recreating. SB 220; SB 305 (smad)

Capitol Visitor Information Center:Funding. HB 1050Transferring to Board from Office of Lieutenant Governor, (smad) HB 1050

Central purchasing (see CENTRAL PURCHASING)Central purchasing activity of counties, funding. HB 1050Central Purchasing Division, directing to establish comprehensive professional risk

management program, authorizing Risk Management Administrator. SB 305 (smad, smde)

Chairman:Redesignating as Director of Department of Public Affairs. SB 288 Redesignating as Director of Office of Public Affairs. SB 305

Community facility at Tahlequah, allowing to sell or lease under certain conditions, (smad) SB 46

Construction and Properties Division:Administrator, State Construction, establishing position, duties and responsibilities.

SB 305 (smad); HB 1298 Creating. SB 305 (smad); HB 1298

Construction projects of state agencies, modifying procedures and requiring adoption of rules and regulations by Board. SB 305 (smad); HB 1298

Election Law Enforcement Commission, to provide office space. SB 261 Employees, other than prescribed by law, authorizing. HB 1050 Human Services, Department of, disposal of real property, procedures, (smde) HJR 1023 Interagency Mailing System, funding. HB 1050

1148 Subject Index

Lease of land to City of Norman, directing Board and Department of Mental Health to execute. SJR 9

Members:Redesignating as officers and employees of Department of Public Affairs. SB 288 Redesignating as officers and employees of Office of Public Affairs. SB 305

Moving costs and expenses of state agencies, authorizing Board to pay and funding.HB 1050

Name:Changing to Department of Public Affairs. SB 288 Changing to Office of Public Affairs. SB 305

Portraits for State Capitol, (requiring smde) (encouraging smad) to commission.HJR 1017

Property, real, procedures for disposal, (smad) SB 305 Public Affairs, Department of:

Creating. SB 288Director of, establishing, salary. SB 288 Directors, assistant, establishing two. SB 288

Public Affairs, Office of:Assistants and experts, authorizing. SB 305 Creating. SB 305Director of, establishing, salary. SB 305

Public Building Construction and Planning Act, creating, adding duties for Board. SB 305 (smad); HB 1298

Public Employees Relations Board:Employees, appointed in cooperation with Public Affairs Board. HB 1050 Funding. HB 1050 Recreating. HB 1183

Risk management program, (see Central Purchasing Division, above)Risk Management Special Fund, creating, (smad, smde) SB 305 Rules and regulations:

Authorizing power to adopt for management of business and performance of duties, (smad) SB 305

To be promulgated on preferences in purchases of state agencies. SCR 21 Santa Claus Commission, funding. HB 1050Surplus Property Program, employees and payroll, authorizing. HB 1050 Vietnam (and Korean smad) veterans monument, to determine location on Capitol

grounds and approve design, (repealing HJR 1036, Second Session, 38th Legislature, smad) HJR 1012

Whitaker State School:Allowing to sell or lease under certain conditions, (smad) SB 46 Maintenance and security funding, (smad) HB 1050 Property, to be used for senior citizens home, (smad) HB 1050 Transferring to Public Affairs, (smad) HB 1050

PUBLIC AFFAIRS, DEPARTMENT OF (see PUBLIC AFFAIRS, BOARD OF)

PUBLIC AFFAIRS, OFFICE OF (see PUBLIC AFFAIRS, BOARD OF)

PUBLIC BUILDING CONSTRUCTION AND PLANNING ACTCreating. SB 305 (smad); HB 1298

Subject Index 1149

PUBLIC BUILDINGS AND PUBLIC WORKSConsultant and construction contracts, to be in accordance with Public Building

Construction and Planning Act. SB 305 (smad); HB 1298 Consultants, file of, deleting requirement for solicitation of consultants six times per year

and subsequent action on applicants, (smad) SB 305 Definitions:

Department, excepting Department of Education and common schools under its jurisdiction, (smad) SB 305

Division means Construetion and Properties Division in Board of Public Affairs, (smad) SB 305

Public works improvement, modifying, (smad) SB 305 Public Building Construction and Planning Act, creating. HB 1298 Public Competitive Bidding Aet, partial payment and retainage on certain contracts,

modifying. HB 1305Minimum wages on public works (see WAGES)

PUBLIC COMMON SCHOOL BUILDING EQUALIZATION FUND, STATE (see SCHOOL DISTRICTS)

PUBLIC EMPLOYEES RELATIONS BOARD (see PUBLIC AFFAIRS, BOARD OF)

PUBLIC EMPLOYEES RETIREMENT SYSTEM, OKLAHOMA (see RETIREMENT SYSTEMS)

PUBLIC EMPLOYEES RETIREMENT SYSTEM BOARD OF TRUSTEES, OKLAHOMA (see RETIREMENT SYSTEMS)

PUBLIC FINANCEBonds, revenue (see BONDS, REVENUE)Claims and payrolls, modifying procedures, (smde) HB 1368 Collateral securities:

Acceptable for publie funds deposit, modifying. HB 1229Adding certain deposit insurers, inereasing types of eollateral securities used to secure

deposit of public funds. HB 1350Depositories of public funds, allowing deposits in certain insured finaneial institutions.

SB 171Depository Board, State, recreating. HB 1207Enterprise Zone Act, Oldahoma (see ENTERPRISE ZONE ACT, OKLAHOMA) Finance, Office of State (see FINANCE, OFFICE OF STATE)Fiseal year, modifying dates. SB 214General Revenue Cash-flow Reserve Fund, creating. HB 1268 (smad); HB 1368 (smde) Public Obligations Registration Act, creating. HB 1413Registered Public Obligations Act of Oklahoma, creating, to be construed in conjunction

with Commercial Code, (smde, smad) SB 240 State Finance, Office of (see FINANCE, OFFICE OF STATE)Zero-based budgeting, modifying procedures, (smde) HB 1368

PUBLIC HEALTH AND SAFETYAging, Commission on, (see AGING, OKLAHOMA COMMISSION ON)Aging, Department of, (see AGING, OKLAHOMA DEPARTMENT OF)

1150 Subject Index

Amusement ride safety (see AMUSEMENTS AND SPORTS)Anatomical Gift Act (see ANATOMICAL GIFT ACT)Boats and water craft:

Sanitary facilities, (authorizing Department of Health to adopt rules and regulations pertaining to smde), limitations. HB 1345

Waste disposal, prohibiting certain, (smad) HB 1345 Boiler and Pressure Vessel Safety Act (see BOILER AND PRESSURE VESSEL

SAFETY ACT)Burial (see CEMETERIES)Chelation therapy (see CHELATION THERAPY)Civil defense (see CIVIL DEFENSE, OFFICE OF)Contamination of food, drink or medicine, increasing penalty. HB 1007 Deaf and Hearing Impaired, Oklahoma Commission on the (see DEAF AND HEARING

IMPAIRED, OKLAHOMA COMMISSION ON THE)Divers (see DIVERS)Elevators (see ELEVATORS)Emergency care given when accident or impending disaster with hazardous materials, not

liable, with exception. HB 1186Hazardous materials, emergency care given when accident or impending disaster, not

liable for damages, with exception. HB 1186 Health, Board of (see HEALTH, BOARD OF)Health, Commissioner of (see HEALTH, COMMISSIONER OF)Health, Department of (see HEALTH, DEPARTMENT OF)Health Planning Commission (see HEALTH PLANNING COMMISSION)Health services, institutional, increasing certain dollar limits and waiving certain reviews

by Oklahoma Health Systems Agency and Oklahoma Health Planning Commission.HB 1352

Industrial waste, controlled, management of, deleterious substances from oil and gas production, removing exclusive jurisdiction of Corporation Commission. SB 210

Life-sustaining procedures, setting out. SB 73 Manufactured homes (see MANUFACTURED HOMES)McCarty, J.D ., Center for Handicapped Children (see McCARTY, J.D., CENTER FOR

HANDICAPPED CHILDREN)Medical records, release of for civil action, requiring. SB 144 Mobile homes (see MANUFACTURED HOMES)Multiphasic Health-Screening Law, creating. SB 253Natural Death Act, direction to physicians, form, procedures. SB 73Older Oklahomans Act (see SENIOR CITIZENS)Radioactive Waste Commission, Central Interstate Low-Level, establishing state

membership in. Commissioner of Health to be member. SB 80 Radioactive Waste Compact, Central Interstate Low-Level, establishing state membership

in, procedures. SB 80Radioactive wastes, low-level, nonfederal, management procedures. SB 80 Returnable Beverage Container Management Act, creating. SB 264 Solid Waste Management:

Disposal district, regional, prohibiting establishment unless certain procedures are followed and election held. SB 267

Sludge disposal and sludge disposal sites, establishing prohibitions. SB 233 Sludge, (see Solid waste management, above)

Subject Index 1151

PUBLIC INSTRUCTION, STATE SUPERINTENDENT OF (see STATE GOVERNMENT, Superintendent of Public Instruction, State)

PUBLIC LANDSCommissioners of the Land Office, Department of (see LAND OFFICE,

COMMISSIONERS OF THE)

PUBLIC LIBRARIES (see LIBRARIES)

PUBLIC OBLIGATIONS (see PUBLIC FINANCE)

PUBLIC SAFETY, COMMISSIONER OF (see PUBLIC SAFETY, DEPARTMENT OF)

PUBLIC SAFETY, DEPARTMENT OFAppropriations:

Chemical tests. Board of Tests for Alcohol and Drug Influence. SB 54 Construction, (smad) SB 58Contributions to Oklahoma Public Employees Retirement System, (smad) SB 54 County Sheriffs Fund. SB 164 Generally. SB 54Highway Patrol Academy class, (smad) SB 54 Motor vehicles, purchase. SB 54 (smde, smad); SB 106 Reductions in 1982. SB 69

Boats and water craft (see PUBLIC HEALTH AND SAFETY)Civil defense worker, to require defensive driving course of before allowing to equip

personal car with sirens and flashing lights, (smde) HB 1104 Commissioner:

Protection of Governor, his immediate family, persons Governor designates and Lieutenant Governor. SB 274

Qualifications, modifying, (smad) SB 54 Driver’s, operator’s, chauffeur’s licenses (see MOTOR VEHICLES)Employees:

Compensation, additional for irregular shift hours or twenty-four hour call, if funds available, (smad) SB 54

Expense allowance for certain employees, increasing, (smad) SB 54 Executive Security Officers, establishing positions, to provide security for Governor and

others and Governor’s Mansion, (smad) SB 274 Fees for preparation of certain certified documents and personal driving records,

increasing, (smad) SB 54Financial Responsibility Division, Deputy Director, modifying salary computation, (smad)

SB 54 Funds:

Continuing funds of the Department, numerous, deleting and transferring to Department Revolving Fund, (smad) SB 54

Revolving Fund, Department, transferring the funds of numerous continuing funds to. (smad) SB 54

Highway Patrol Divison:Academy class, appropriation, (smad) SB 54

1152 Subject Index

Crime reporting system, uniform, changing from quarterly to monthly report, penalties. SB 157

Motor Vehicle Forfeiture Fund, to establish for proceeds from sale. SB 152 Political candidates and families, protection not political activity, (smde) SB 274 Protectors of Governor, his immediate family, persons Governor designates and

Lieutenant Governor, to be members, (smde) SB 274 Report of certain offenses, establishing, penalties. SB 157Turnpike law enforcement personnel, deleting additional authorization, (smad) SB 54

Manufactured homes;Transportation permit, urging to refuse to issue unless proof of tax payment possessed.

HCR 1015Motor vehicle, (noncommercial smad), accident prevention course for persons 55 and

older. Department to establish criteria, number of hours and approve instructor, (requiring fee. smad) SB 153

Organ donors fee, to retain portion, (smad, smde) HB 1278Overweight permit fees, increasing amount allocated for carrying out duties. SB 54Retirement (see RETIREMENT SYSTEMS)Security Officers, Executive (see Executive Security Officers, above)Sirens and flashing lights for civil defense worker’s private car, to promulgate rules and

regulations to implement, (smde) HB 1104 Uniform allowance, increasing. SB 54 Vehicle Equipment Safety Compact, repealing, (smad) SB 54Wreckers and towing services. Tow Request and Authorization Form, to design. SB 254

PUBLIC TRUSTS OR AUTHORITIESEmployee contracts, allowing benefit plans, (smde) HB 1331 Employees, including in general definition, (smad) HB 1331 Public Obligations Registration Act, creating. HB 1413

PUBLIC UTILITIES (see UTILITY COMPANIES, GENERATING PLANTS AND FACILITIES)

PUBLIC WORKS (see PUBLIC BUILDINGS AND PUBLIC WORKS)

PUNISHMENTS (see CRIMES AND PUNISHMENTS)

PURCHASING (see CENTRAL PURCHASING)

RADIATION ADVISORY COMMITTEERadioactive waste, low-level, to assist in formulation of rules and regulations. SB 80

RADIOACTIVE WASTE COMPACT, CENTRAL INTERSTATE LOW-LEVEL(see PUBLIC HEALTH AND SAFETY)

RAILROADSAmtrak passenger service, urging officials to reinstate. HCR 1020

Subject Index 1153

Retirement (see RETIREMENT SYSTEMS)Warning signal devices at highway and railroad crossings, directing Department of

Transportation to regulate in lieu of Corporation Commission. SB 272

RAPE (see CRIMES AND PUNISHMENTS)

REAL ESTATE LICENSE CODE (see PROFESSIONS AND OCCUPATIONS)

REAL ESTATE MORTGAGE TAX (see REVENUE AND TAXATION)

REAL PROPERTY (see PROPERTY)

RECALL (see BILLS AND RESOLUTIONS)

RECESS, LEGISLATIVEBeginning March 24, 1983, ending April 11, 1983, authorizing. HCR 1008 Beginning May 26, 1983, ending May 31, 1983, authorizing in observance of Memorial

Day. HCR 1017

RECORDSMarriage and divorce (see CIVIL PROCEDURE)Medical (see CIVIL PROCEDURE, Torts)

REDUCTIONS IN FORCE (see STATE GOVERNMENT, Employees and officers)

REGENTS FOR HIGHER EDUCATION (see HIGHER EDUCATION)

REGISTERED PUBLIC OBLIGATIONS ACT OF OKLAHOMA (see PUBLIC FINANCE)

REPORTS (see STATUTES AND REPORTS)

RESOLUTIONS (se e B IL L S A N D R E SO L U T IO N S)

RESTITUTION OF VICTIMS (see CRIMINAL PROCEDURE, Victims)

RESTITUTION PROGRAM FUND, BOGUS CHECK (see DISTRICT ATTORNEYS)

RETIREM ENT BENEFITSArmed Forces of U.S., exemption of state income tax. SB 135

RETIREM ENT SYSTEMSActuarial studies, funding. HB 1044County Employees’ Retirement System, counties of 300,000 or more:

Benefits, eligibility for, modifying. SB 298 Retirement age, eligibility for, modifying. SB 298

Firefighters Pension and Retirement System:Amortization of unfunded liability, reducing length of time. SB 183; HB 1091 (smad) Appropriation. HB 1091

1154 Subject Index

Cost-of-living adjustments for regular and volunteer firefighters, deleting, (smad)HB 1091

Fire Protection Districts, allowing participation, modifying application procedures.SB 5

Municipalities, certain, exempting from contributions for volunteer firefighters. SB 78 Judges and Justices Retirement System;

Compensation not to be suspended during period of time holding political or judicial office, with exceptions, (smad) SB 296

Military service, credit for, authorizing, exceptions. SB 75 Law Enforcement Retirement Board, Oklahoma;

Appropriation. HB 1092 Members, increasing. SB 177

Law Enforcement Retirement System;Amortization of unfunded liability, reducing length of time. SB 183 Membership;

Highway Patrol, adding. SB 54Pharmacy, Oklahoma State Board of, adding officers of. SB 177

Organ donor fee, to retain portion, (smad, smde) HB 1278 Police Pension and Retirement Board;

Appropriation. HB 1090 (smde); HB 1091 (smad)Distribution of Fund, modifying, (smad) HB 1090 Expenses and costs, providing to be from Fund, (smad) HB 1090

Police Pension and Retirement System;Amortization of unfunded liability, reducing length of time. SB 183; HB 1091 (smad) Cost-of-living adjustments, deleting, (smad) HB 1091Report to Director of State Finance, Pro Tempore and Speaker on amortization. SB 183

Public Employees Retirement System;Annuitants, increasing benefits. HB 1140 Appropriations;

Generalty. (smde) HB 1073 Reductions in 1982. SB 69

Blind vendors to be considered state employees for retirement. SB 46 Contributions by employees;

Modifying. HB 1139; HB 1147Payback procedures, certain, adding time limitation. HB 1140 Rate of contribution. HB 1140

Definition, final average compensation, modifying. HB 1140 Disability benefits, discontinuation of, modifying procedures. HB 1140 Eligible employer, adding conservation districts created by Conservation District Act.

HB 1274Expenses for state employees System and Deferred Compensation Plan to be paid from

Public Employees Retirement Fund, (smad) HB 1073 Fiscal year, modifying dates. SB 214Fund, expenses for System and Deferred Compensation Plan to be paid from, (smad)

HB 1073Funds and securities, safekeeping of, allowing utilization of Federal Reserve System

member bank. HB 1140Investment of funds, deleting certain methods. HB 1140 Membership, deleting law enforcement officers of State Board of Pharmacy and

' transferring to Law Enforcement Retirement System. SB 177

Subject Index 1155

Retirement prerequisites for certain employees, adding the payment of all required contributions. HB 1140

Stringtown Correctional Center, Vocational Training Program and School:Employees have choice of retirement systems, (smad) HB 1348 Employees transferred to Teachers’ Retirement System, (smad) HB 1180

Public Employees Retirement System Board of Trustees, Oklahoma, appropriation.HB 1147

Railroads, memorializing Congress to pass Railroad Retirement Solvency Act of 1983. HCR 1012

Securities of certain funds, (State Treasurer smde) (Board of Trustees of Oklahoma Public Employees Retirement System smad) to utilize Federal Reserve member bank for safekeeping. SB 85

Teachers’ Retirement System:Allowance and benefits, retirement, modifying. HB 1125; HB 1211 Amortization of unfunded liability, reducing length of time. SB 183 Annuitants:

Benefits, increasing, (smde) HB 1151Medicare supplement insurance, group. System to pay premiums for those 65 and

older. HB 1151 Board of Trustees:

Appropriation for insurance study, (smad) SB 162Group health, dental and life insurance plans, to evaluate and analyze feasibility of

establishing; to employ firm with actuarial services to assist; reports, (smad)SB 162

Teachers’ Group Health and Life Insurance Act, to administer. HB 1153 Contributions:

Modifying. HB 1211 Refund of certain. HB 1211

Fiscal year, modifying dates. SB 214 Qualifications for retirement, modifying. HB 1162Refunds, certain, providing. HB 1125 (smad); HB 1151 (smad); HB 1153 (smad) Stringtown Correctional Center, Vocational Training Program and School;

Employees have choice of retirement systems, (smad) HB 1348 Employees transferred from Public Employees Retirement System, (smad) HB 1180

Wildlife Conservation Department Retirement Fund, exempting certain income from taxation, garnishment, attachment, etc. SB 255

RETURNABLE BEVERAGE CONTAINER MANAGEMENT ACT Creating. SB 264

REVENUE AND TAXATIONAd valorem tax:

Banks, personal property subject to lease agreement not exempt from personal property taxes. SB 250

Cable television companies, modifying definition, (smad) HB 1419 Complaints, extending time, (smad) HB 1169County ad valorem tax levy, authorizing additional, for county health department

services to include indigent health care, requiring election. SIR 24; HJR 1021 County excise boards (see COUNTIES AND COUNTY OFFICERS)

1156 Subject Index

Delinquent taxes — collection, certificate tax deed or resale tax deed, deleting provision that such deed shall not convey any other interest. SB 190

Equalization boards, county, to assume duties of county boards of tax roll corrections. SB 291

Homestead exemption, increasing income allowable for added exemption. HB 1010 Increases, limiting, exception; excluding personal property, exception. SIR 14 Increasing allowable. SIR 3 Interest, increasing on delinquent. HB 1265Manufactured homes to come under, (providing distribution, smad) HB 1170 Property used for (nonprofit organizations smad) (religious purposes smde) in

improvement districts of cities and towns, exempting. SB 247 Revaluation of taxable property, payment of cost of, exempting school districts. SB

227Sale for, modifying fees (and notice, smde) HB 1265Schools operating for profit, deleting exemption. SB 248Senior citizens’ centers (and programs smad), increasing millage for. HJR 1011Tax roll corrections, county boards of:

Equalization boards, county, to assume duties. SB 291 Repealing. SB 291Requiring to furnish recipients of ad valorem tax money certain information prior to

hearing by board, and allowing recipients right to appear before board. SB 270 Cigarette and Tobacco Tax, cigarettes, authorizing sales tax. HB 1325 Collection assistance to state agencies of delinquent debts by Tax Commission,

establishing program. SB 201; HB 1314 County excise boards (see COUNTIES AND COUNTY OFFICERS)Deficient taxes, increasing penalty. SB 285 Delinquent taxes:

Collection assistance to state agencies by Tax Commission, establishing. SB 201 Penalty, increasing. SB 285

Dental Plan Act, Prepaid, creating, requiring certain taxes. HB 1299 Documentary Stamp Tax, consideration, defining, (smad) HB 1419 Estate taxes:

Applicability of certain statutes on estates, legislative intent, (smde) SB 293 Delinquent taxes, increasing penalties. SB 285Gross estate, value of, including value of certain qualified terminable interest property,

limitations; excluding value of certain qualified terminable interest property to extent that such property is deduction for federal estate tax purposes, exceptions. SB 168

Marital deduction formula, providing for construction, specifying dates. SB 293 Examinations or investigations, out-of-state taxpayers, authorizing certain fee, exception.

SB 285 (smde); HB 1372Excise taxes, financial institutions, levying and apportioning. HB 1380 (smde); HB 1419

(smde)Fireworks (see FIREWORKS)Fiscal year, modifying dates. SB 214Franchise tax, exemptions, deleting and modifying, (smad) HB 1380 Gross Production Tax:

Apportionment, to the Statewide Water Development Revolving Fund. SB 197 Calculation, modifying, (smad) HB 1419Exemptions, certain oil and gas wells for limited time. Corporation Commission to

\ notify Tax Commission. SB 197

Subject Index 1157

Invoices or load tickets of transporters, inspections of, adding county sheriffs, deputies and municipal police. SB 181

Numbers concerning, specifying procedures, reducing penalties. HB 1243 Payments, extending due dates. SB 285Producing formation and well classification, active or inactive, information on,

allowing Tax Commission to release. HB 1138 Reports, certain, extending due dates. SB 285

Horse racing;Admission tax, specifying distribution. HB 1022 Pari-mutuel, modifying. HB 1022

Income tax, state:Adjustments to arrive at taxable income and adjusted gross income for corporations:

Excepting farming and ranching corporations. HB 1202 Modifying. SB 7

Banks (and credit unions smad), in lieu of tax for, modifying basis and providing deductions, (smad) HB 1380 (see also Ad valorem tax, above)

Credits:Child passenger restraint system, purchase price. SB 107; HB 1005 (smde) Enterprises of an enterprise zone, authorizing. SB 90 Multifamily housing, investment, establishing. SB 6

Exemptions:Increasing for persons 65 or older, except ones that already have retirement income

exemption. SB 132Retirement income. Armed Forces of U.S. SB 135

Interest on deficiency, increasing, (smde) HB 1419 Interest on refund, disallowing, (smde) HB 1419 Nonresidents, increasing individual exemption from filing. HB 1419 Refunds, state may put lien on for debts to state. HB 1314 Returns:

Corporate;Financial institution not to be included. HB 1419Modifying certain due dates, (providing for extensions, smad) SB 285; HB 1419

Information, insufficient, allowing penalty. HB 1419 Withholding;

Employers to register with Tax Commission, (smde) HB 1419 Filing dates, modifying, (smde) HB 1419 Payment of by employer, changing date. SB 285 Remitting, failure, to be embezzlement, (smde) HB 1419 Reporting requirements of employers when amounts withheld are above certain

amount, modifying. SB 285Insurance premium taxes to be deposited to General Revenue Fund. HB 1266 Motor Fuel Tax Code:

Gasohol tax exemption:Allowing if state produced or other allows like exemption. SB 323 Expiration, making sooner. SB 66 Repealing. HB 1023Repealing, except that which is produced in state. SB 12 Unleaded, allowing. SB 323

Gasoline, additional taxes, allowing, computation procedures, application, apportionment, exemptions. SB 329; HB 1424

1158 Subject Index

Motor Fuel/Diesel Fuel Importer For Use Tax Code, (residents smad), nonresidents, imposition of fees and taxes on certain (custom grain harvesters smde) urging; (negotiations with other states encouraged, smad) HCR 1001

Real estate mortgage tax, mortgagor, requiring certain taxes be paid by, deleting mortgagee. SB 313

Reports, information, insufficient, allowing penalty, (smde) HB 1419 Sales tax, county, providing for levying HB 1018; HB 1419 Sales tax, state:

Apportionment, expenditure and, of revenue from tax on sale of gasoline, motor fuel, diesel fuel and special fuel, authorizing. SB 151

Beer, authorizing. SB 111; HB 1325 Cigarettes, authorizing. HB 1325 Definitions:

Gross receipts or gross proceeds:Deposits by consumer in order to receive trade-in allowances or setoffs against

sales price, not to be included. SB 150; SB 155 Property, modifying to exclude certain. SB 150; SB 155; HB 1129

Modifying certain. HB 1018 Exemptions:

Beer, deleting. SB 111Gasoline, motor fuel, diesel fuel or special fuel, deleting. SB 151 Soft drink containers, returnable, implements used to transport, (smad) HB 1419

Gasoline, motor fuel, diesel fuel or special fuel, allowing levy of tax. SB 151 Retail Sales:

Deposits by consumer in order to receive trade-in allowances or setoffs against sales price, not to be included. SB 150; SB 155

Taking used or trade-in parts in trade, establishing method of tax computation, excluding tires and batteries. HB 1129

Tax Commission (see TAX COMMISSION)Tobacco Products Tax (see Cigarette and Tobacco Tax, above)Wildlife Conservation Department Retirement Fund, exempting certain income from

taxation, garnishment, attachment, etc. SB 255 Withholding tax (see Income tax, state, above)

REWARD FUND, OKLAHOMAFunding, (smad) SB 53

RISK MANAGEMENT (see PUBLIC AFFAIRS, BOARD OF)

ROADS AND HIGHWAYS (ROADS, BRIDGES AND FERRIES)Appropriation, (see TRANSPORTATION, DEPARTMENT OF)Contracts, modifying procedures. HB 1027Counties (see COUNTIES AND COUNTY OFFICERS, Roads and bridges)Private, stating specifications for, in certain counties, (smad) HB 1367 Transportation Commission (see TRANSPORTATION COMMISSION)

RULES AND REGULATIONS, DISAPPROVAL OFEthics and Merit Commission, reductions in work hours and involuntary leave without

pay for employees. SR 14; SCR 11 (rescinding)Health, Dental and Life Insurance Board, State Employees Group, certain. SR 6 Labor, Department of, boilers and pressure vessels, certain. SR 8

Subject Index 1159

RURAL MEDICAL EDUCATION LOAN AND SCHOLARSHIP FUND, OKLAHOMA

Appropriations, reductions in 1982. SB 69

RURAL ROADS INVENTORY ACT, OKLAHOMACreating. SB 262

RURAL TELEPHONE COOPERATIVE ACT (see CORPORATION COMMISSION)

SALARIES AND/OR EMPLOYEES AUTHORIZEDAlcoholic Beverage Control Board, deleting salary of Director, (smad, smde) SB 57 Employment Security Commission, increasing allowable employees. HB 1262 Horse Racing Commission, Oklahoma, authorizing. HB 1296 Human Services, Department of, reduction for certain employees. SIR 12 Public Affairs, Board of, authorizing. HB 1050Public Affairs, Department of, establishing salary of Director and positions of two

Assistant Directors. SB 288 Public employees and officers:

Furloughs, mandatory, during periods of, requesting certain officials to donate portion of salary. SB 327

Pay reductions, authorizing, including elected officials. SIR 8 Payroll claim to be on proper form, modifying exceptions. HB 1425

Public Safety, Department of, deleting additional authorization for turnpike law enforcement personnel, (smad) SB 54

Senatorial district offices, authorizing. SB 260 Surplus Property Program, authorizing. HB 1050 Teachers (see TEACHERS)

SALES TAX, COUNTY (see COUNTIES AND COUNTY OFFICERS)

SALES TAX, STATE (see REVENUE AND TAXATION)

SANTA CLAUS COMMISSION (see PUBLIC AFFAIRS, BOARD OF)

SAVINGS AND LOAN ASSOCIATIONS (see BANKS AND TRUST COMPANIES)

SCENIC RIVER COMMISSIONAppropriation. SB 41Audit of commercial canoe businesses by Tax Commission, requiring, (smad) SB 224Barren Fork Creek, deleting as scenic river area, (smad, smde) SB 224Fee, certain, authorizing, (smde, smad) SB 224Fund, Scenic River Commission Revolving, creating, (smad) SB 224Officers, limiting terms in office (and modifying powers, smad) SB 224Recreating. SB 224

11160 Subject Index

SCHOLARSHIPSCommunity Physician Education Scholarship Fund, appropriation. SB 32 Community Preceptor Physician Training and Work Experience Scholarship Fund,

appropriation. SB 32 National Guard, appropriation. HB 1077 ROTC, appropriation, (smad) HB 1077Rural Medical Education Loan and Scholarship Fund, appropriation. SB 32

SCHOOL DISTRICTSAge to attend, authorizing attendance of 23 or older to complete twelfth grade, allowing

school districts certain options. HB 1306 Audits of accounts and books by State Auditor and Inspector, modifying petition

requirements, (smad) SB 203 Boards of education (see EDUCATION, BOARDS OF)Buses, school, district owned, expanding use. (smad) HB 1215 Educational Employment Relations Act, creating, (smde) SB 188 Elections (see ELECTIONS)Fiscal year, modifying dates. SB 214Property no longer needed, expanding methods of disposal, (smad) HB 1215 Prospective employees, allowing travel (and other related smad) expenses for (sponsored

smad) visits to districts. HB 1215Public Common School Building Equalization Fund, State, removing limit on amount

paid to or for any school district from Fund, authorizing Legislature to establish formula for payments from Fund. SIR 26

Revaluation of taxable property, payment of cost of, exempting. SB 227 Risk management program (see PUBLIC AFFAIRS, BOARD OF)Salary minimums, to compile report, (smad) HB 1179 Tort Claims Act, Oklahoma (see CIVIL PROCEDURE, Torts)Wages, minimum, on public works, not applicable. SB 84

SCHOOL LANDS (see LAND OFFICE, COMMISSIONERS OF THE)

SCHOOLSAge to attend, authorizing attendance of 23 or older to complete twelfth grade, allowing

school districts certain options. HB 1306 Appropriations:

Generally. HB 1179Mobile classrooms and transport, funding. HB 1179 Summer programs, special education, definition. HB 1179

Boards of education (see EDUCATION, BOARDS OF)Buses, school (see SCHOOL DISTRICTS)Cancellation for 5 days due to fire or severe weather, allowing. SB 226Collective bargaining, district courts to enforce act. (smad) SB 188Correctional institution, Stringtown (see HUMAN SERVICES, DEPARTMENT OF)Day schedule, extended, to establish criteria, (smad) HB 1179Education Employment Relations Commission, creating, (smde) SB 188Educational Employment Relations Act, creating, (smde) SB 188Elections (see ELECTIONS)Employees:

\ Boards of education members, related to, extending. SB 123

Subject Index 1161

Educational Employment Relations Act, creating, (smde) SB 188 Teachers (see TEACHERS)

Exceptional ehildren, delivery of related services to, procedures. HB 1271 Explosives, repealing prohibition in mining, near. HB 1004 Fiscal year, modifying dates. SB 214Governor’s children living in mansion to be in school district of Governor’s choice.

SB 307Higher education (see HIGHER EDUCATION)Holidays, Martin Luther King, Jr., Day, creating. HB 1113 Lands, not to be sold unless authorized by official action of Commissioners of Land

Office. SIR 5Lands, school or public (see LAND OFFICE, COMMISSIONERS OF THE)Libraries, specifying staff and duties. SB 14Mathematician, defining, (smad) HB 1286Modified school year, defining, listing procedures. SB 13Podiatry (see HIGHER EDUCATION and PROFESSIONS AND OCCUPATIONS) Private schools (see PRIVATE SCHOOLS)Professional Practices Commission, repealing statutes relating to. HB 1196 Professional Standards Board:

Members, selection and terms, modifying. SB 217 Recreating. SB 217

Property (see SCHOOL DISTRICTS)Residence of children:

Governor’s, living in Governor’s mansion, school district to be Governor’s choice.SB 307

Legal procedures to decide. HB 1399 Retirement (see RETIREMENT SYSTEMS)Salary report on minimums, to compile, (smad) HB 1179 Scholarships (see SCHOLARSHIPS)School year:

Cancellation for 5 days due to fire or severe weather, allowing. SB 226Length to be modified. SB 13Spring vacation (see Spring vacation, below)

Schools operating for profit, deleting exemption from ad valorem tax. SB 248 Seience and Mathematics, Board of Trustees of Oklahoma School of, establishing,

requiring budget reports to Legislature, (a secondary school, smad) HB 1286 Science and Mathematics, Oklahoma School of, establishing, (a secondary school, smad)

HB 1286Science and Mathematics Revolving Fund, Oklahoma School of, creating, (smad)

HB 1286Seientist, defining, (smad) HB 1286Spring vacation, establishing committee to set uniform period. SCR 12 State Aid, Oklahoma School for the Blind and Oklahoma School for the Deaf, to share

in. HB 1264Stringtown Correctional Center (see HUMAN SERVICES, DEPARTMENT OF,

Correctional institutions)Teachers (see TEACHERS)Vocational and technical schools (see VOCATIONAL AND TECHNICAL SCHOOLS)

1162 Subject Index

SCIENCE AND MATHEMATICS, OKLAHOMA SCHOOL OF (see SCHOOLS)

SCIENCE AND TECHNOLOGY, OKLAHOMA COUNCIL OFAppropriation, (smad) SB 45Requesting Governor to establish. HCR 1013

SECRETARY OF STATE, OFFICE OFAppropriations:

Ballot titles, legal publication. SB 23 Generally. SB 23 Reductions in 1982. SB 69 Reductions in 1982, legislative intent. SCR 1

Ballot titles, initiative and referendum, to write in basic language and submit to Superintendent of Public Instruction, President Pro Tempore, Speaker and Attorney General. HB 1176

Grain elevator corporation changing to cooperative, articles of conversion to be filed.SB 273

Statutes, Oklahoma, purchase and distribution of by Secretary, abolishing. HB 1206 Tort Claims Act, Oklahoma, claims against state, to process. SB 191

SECURITIESCollateral securities (see PUBLIC FINANCE)

SECURITIES COMMISSIONAppropriations:


Definitions, expanding, (smad) HB 1062 Employment, limiting for full-time professionals. HB 1062 Exemptions from definitions, specifying, (smad) HB 1062 Fees, creating and modifying, (smad) HB 1062 Licenses and exemptions from, modifying, (smad) HB 1062 Mailing registry for informational purposes, allowing, (smad) HB 1062

SECURITY GUARDSExecutive Security Officers (see PUBLIC SAFETY, DEPARTMENT OF)Registration, requiring by Oklahoma State Bureau of Investigation, requirements, (smad)

HB 1103Weapons training, requiring. HB 1103

SENATE, OKLAHOMA STATE (see LEGISLATURE)

SCENIC RIVER COMMISSIONFee, certain authorizing. SB 224 Officers, limiting terms in office. SB 224 Recreating. SB 224

SENIOR CITIZENSAging, Commission on (see AGING, COMMISSION ON)

Subject Index 1163

Aging, Department on (see AGING, DEPARTMENT ON)Centers, increasing ad valorem taxes for. HJR 1011Corporations, (providing health care services smad) requiring to make certain ownership

information available to the Department of Human Services upon request. SB 266 Energy Assistance Block Grant Services, Low Income, appropriation, (smde) HB 1328 Foster Grandparent Program, funding. HB 1085Homestead exemption, increasing income allowable for added exemption. HB 1010 Housing task force (see ECONOMIC AND COMMUNITY AFFAIRS,

DEPARTMENT OF)Income tax^ state, increasing personal exemption, with exceptions. SB 132 In-Home Community Base Care Program for Aging, appropriation. HB 1067 Medicare (see Memorializing, below)Memorializing President, Congress and Secretary of United States Department of Health

and Human Services to make Oklahoma single-statewide reimbursement locality for Medicare. SCR 4

Motor vehicle (noncommercial smad) liability insurance premiums, reduction of for persons 55 and older completing accident prevention course, authorizing, (requiring fee. smad) SB 153

Older American Volunteer Programs, funding. HB 1085 Older Oklahomans Act, creating. SB 284“ Outstanding Older Oklahoma Woman for 1983,” congratulating Oma Tharel. SR 26 Programs, increasing ad valorem taxes for. (smad) HJR 1011Records from financial or other agencies, authorizing Department of Human Services to

obtain with clients’ consent to determine eligibility for assistance. HB 1324 Retired Senior Volunteer Program, funding. HB 1085 Senior Companion Program, funding. HB 1085 Social Services Block Grant Services, appropriation, (smde) HB 1328 Tharel, Oma, congratulating on being named “ Outstanding Older Oklahoma Woman for

1983.” SR 26Whitaker State School, certain property to be used for senior citizens home, (smad)

HB 1050

SENTENCING (see CRIMINAL PROCEDURE)

SENTENCING GUIDELINES, COMMISSION ON (see CRIMINAL PROCEDURE)

SERVICE CHARGE (see CONSUMER CREDIT CODE, Credit sales)

SEXUAL ASSAULT EXAMINATION FUND Appropriation. HB 1052

SHERIFFS (see COUNTIES AND COUNTY OFFICERS)

SLANDER (see CIVIL PROCEDURE)

SLOT MACHINES (see CRIMES AND PUNISHMENTS)

SMALL CLAIMS COURT (see COURTS)

1164 Subject Index

SOCIAL SECURITY ACT, UNITED STATESBenefits for disability program, memorializing Congress to make services more equitable

to beneficiaries. SR 1

SOLDIERS AND SAILORSAccrediting Agency, State (see ACCREDITING AGENCY, STATE)Special Disabled Veterans Employment Act, creating. SB 200Veterans Affairs, Department of (see VETERANS AFFAIRS, DEPARTMENT OF)War Veterans Commission (see WAR VETERANS COMMISSION)

SOLID WASTE MANAGEMENT SYSTEMS (see PUBLIC HEALTH AND SAFETY)

SOUTH OKLAHOMA CITY JUNIOR COLLEGE (see HIGHER EDUCATION)

SPECIAL DISABLED VETERANS EMPLOYMENT ACTCreating. SB 200

STAMPS, COMMEMORATIVE POSTAGENight-fighter squadrons of World War II, American, memorializing United States Postal

Service to commemorate by issuing stamp depicting P-61 “ Black Widow” aircraft. SCR 18

Thorpe, Jim, requesting United States Postmaster General to issue. SCR 17

STANDARDS, STATE BUREAU OF (see WEIGHTS AND MEASURES)

STATE EMPLOYEES (see STATE GOVERNMENT, Employees and officers)

STATE EMPLOYEES GROUP HEALTH, DENTAL AND LIFE INSURANCE BOARD (see STATE GOVERNMENT, Insurance Board)

STATE EMPLOYEES GROUP HEALTH, DENTAL AND LIFE INSURANCE PROGRAM (see STATE GOVERNMENT, Employees, Insurance Program)

STATE FINANCE, OFFICE OF (see FINANCE, OFFICE OF STATE)

STATE GOVERNMENTAgencies, various state:

Administrative Procedures Act:All to come under unless specifically exempt. SB 325 Rules, procedures for making. SB 325

Appropriations:Reductions in 1982. SB 69 Special projects. SB 58

Audits, copies to be supplied. SB 301 (smad); SB 320 (smad)Bonds, surety, authorizing increased blanket bond coverage for employees, cost to be

paid by agency. SB 244 Budgets, zero-based:

Schedule, listing when to begin, (smad) SB 301 Submitted to Director of State Finance, (smad) SB 301

\ Claims of vendors no longer to be notarized, (smad) SB 301

Subject Index 1165

Collection of delinquent debts, establishing program of assistance by Tax Commission. SB 201; HB 13],4

Employees, residents of Oklahoma to be given preference in hiring. SR 20 Employment reports, to give. HJR 1002Financial audits, compliance audits and program reviews on its entity, to furnish copies

to Office of State Finance, State Auditor and Inspector and Legislative Fiscal Office. HB 1368

Furloughs, mandatory (see Employees and officers. Layoffs, below)Layoffs and reductions in force (see Employees and officers, below)Master plans, additions or alterations to and funding, requiring requests be submitted to

Construction and Properties Division of Board of Public Affairs. SB 305 (smad);HB 1298

Prison industries, requiring to purchase from. SB 292; SCR 21 Property, real, procedures for disposal, (smad) SB 305 Risk management program, authorizing, (smad, smde) SB 305 Vendors to be paid promptly, procedures. HJR 1010

Aging, Department on (see AGING, DEPARTMENT ON)Archives and Records Commission (see ARCHIVES AND RECORDS COMMISSION) Attorney General (see ATTORNEY GENERAL, OFFICE OF THE)Central Purchasing (see CENTRAL PURCHASING)Data processing (see DATA PROCESSING PLANNING AND MANAGEMENT)Data Processing Planning Revolving Fund funds to be deposited in General Revenue

Fund. SB 65; HB 1397 (smad)Employees and officers:

Attorneys, salary not to exceed Attorney General’s, (smad) SIR 30 Bonds, surety, authorizing agencies to increase blanket bond coverage, cost to be paid

by agency. SB 244Classification for merit system, modifying requirement, (smad) HB 1416 Discharge, suspension or demotion of employee, limiting appeals to the district court

by state agency or State of Oklahoma, (exception, smad) SB 128 Employment Security Commission (see EMPLOYMENT SECURITY COMMISSION) Ethics and Merit Commission (see ETHICS AND MERIT COMMISSION)Furloughs, mandatory (see Layoffs and reductions in force, below)Insurance Program, State Employees Group Health, Dental and Life:

Appropriations for major medical deduction, (smad, smde) SB 69 Definitions, modifying and expanding certain, (smde) SB 162 Grievance procedure, modifying, (smde) SB 162Health Maintenance Organization, membership in to be offered to state employees,

legislative intent. SCR 14Participation, allowing employees and retirees of certain school districts, (smde)

SB 162Purpose, clarifying beneficiaries, (smde) SB 162 Reemployed employees, modifying restrictions, (smde) SB 162

Layoffs and reductions in force:Actions and procedures, providing. SB 327Contingency Review Board (see CONTINGENCY REVIEW BOARD)Furloughs, mandatory:

Actions and procedures, providing. SB 327Salaries of certain officials, requesting voluntary donations. SB 327

1166 Subject Index

Plans:Agencies, various, requiring. SB 327Personnel Management, Office of (see PERSONNEL MANAGEMENT, OFFICE

OF, Administrator)Reports, requiring certain from agencies, boards and commissions. SB 327

Leave, involuntary without pay, disapproving rules pertaining to. SR 14; SCR 11 (rescinding)

Longevity pay:Higher Education, allowing prior service with to apply. HB 1122 Retiring and certain terminated employees, requiring payment to. SB 238

Pay reductions:Authorizing, exempting elected and appointed officials. SJR 4 Authorizing, including elected officials. SJR 8

Payroll claim to be on proper form, modifying exceptions. HB 1425 Personnel Management, Office of (see PERSONNEL MANAGEMENT, OFFICE OF) Public Employees Relations Board, funding and modifying appointment of employees.

HB 1050Public Employees Retirement System (see RETIREMENT SYSTEMS)Residents of Oklahoma to be given preference in hiring. SR 20 Salaries:

Increases in fiscal year 1984, not allowing, with exceptions. SJR 30 Reductions, authorizing:

By Governor with legislative oversight, constitutional amendment. SJR 27 Exempting elected and appointed officials. SJR 4 Procedures. SJR 8

Special Disabled Veterans Employment Act, creating. SB 200 Teachers, certified, employed by state, salaries, modifying. SB 204

Employment reports, agencies to give. HJR 1002Ethics and Merit Commission (see ETHICS AND MERIT COMMISSION)Fiscal year, modifying dates. SB 214Furloughs, mandatory (see Employees and officers, above)Industrial Finance Authority, Oklahoma (see INDUSTRIAL FINANCE AUTHORITY,

OKLAHOMA)Insurance Board, State Employees Group Health, Dental and Life:

Grievance procedure, modifying, (smde) SB 162Health Maintenance Organization, membership in to be offered to state employees,

legislative intent. SCR 14Legal representation and hearing officers, clarifying, (smde) SB 162 Rules and regulations, disapproving certain. SR 6

Insurance Program (see Employees and officers, above)Interlocal Cooperation Act, public agency, expanding definition to include certain districts

and public trusts. SB 192Investigation, Oklahoma State Bureau of (see INVESTIGATION, OKLAHOMA STATE

BUREAU OF)Joint Committee on Federal Funds, powers and responsibilities, modifying. SB 105 Layoffs and reductions in force (see Employees and officers, above)Moving costs and expenses of state agencies, authorizing and funding. HB 1050 Personnel Management, Office of (see PERSONNEL MANAGEMENT, OFFICE OF) Personnel Management, Office of, funds to be deposited to General Revenue Fund.

\ SB 64

Subject Index 1167

Property, real, procedures for disposal, (smad) SB 305Public Affairs, Department of, creating, abolishing Board of Public Affairs. SB 288 Public Affairs, Office of, creating, abolishing Board of Public Affairs. SB 305 Public Employees Retirement System (see RETIREMENT SYSTEMS)Reductions in force (see Employees and officers, above)Risk management program, authorizing, (smad, smde) SB 305 Special Disabled Veterans Employment Act, creating. SB 200 Sunset Law (see SUNSET LAW)Superintendent of Public Instruction, State:

Attorney General, to request to name Assistant Attorney General to be hearing judge on teacher dismissal or nonreemployment. SB 278

Ballot titles, initiative and referendum. Secretary of State to submit for certification of ease of reading. HB 1176

County equalization and excise boards member, to appoint. HB 1084 Elective office, no longer to be, authorizing appointment by Governor. SJR 18 Residence, legal, of pupils, to decide, (smde) HB 1399Science and Mathematics, Oklahoma School of. Board of Trustees, to be ex officio

member or designee. HB 1286Spring vacation committee to call, providing membership. SCR 12

Tort Claims Act, Oklahoma (see CIVIL PROCEDURE, Torts)

STATUTES AND REPORTSAdministrative Procedures Act:

Agencies, state, to apply to all, unless specifically exempt. SB 325 Governor, exempting. SB 325Ordnance Works Authority, Oklahoma, exempting, (smad) SB 282 Rules, procedures for making. SB 325 (Gazette smde) (Register smad). The Oklahoma:

Distribution of, modifying. HB 1158 Publication of, changing to monthly. HB 1158 Rules, regulations, amendments, requiring publication. HB^158

Statutes:Missing copies, replacing, modifying procedures. HB 1206 Original acts, clarifying. HB 1206 Provisions, certain, repealing. HB 1206Purchase and distribution by Chief Clerk-Administrator of House of Representatives,

authorizing, deleting Secretary of State. HB 1206 Supplements, publications of, modifying time limitation. HB 1206

STEED, TOMInterstate 40 between Shawnee and Oklahoma City to be dedicated to. HCR 1023

STERILIZATION (see MENTAL HEALTH)

STORM SHELTERSMobile home and recreational vehicle parks required to have. SB 154

STRINGTOWN CORRECTIONAL CENTER (see HUMAN SERVICES, DEPARTMENT OF)

1168 Subject Index

SUIT AGAINST STATE, AUTHORIZINGGriggs, Samuel and Tillie Louise. SJR 23

SUNSET LAWAccrediting Agency, State, recreating. SB 216 Act, revising. SB 263Agencies and procedures, modifying. SB 263Capitol-Medical Center Improvement and Zoning Commission, recreating. SB 220;

SB 305 (smad)Chiropody, Oklahoma State Board of (see Podiatry, State Board of, below)Chiropractic Examiners, Board of, recreating. SB 223Definitions, adding and modifying. SB 263Depository Board, State, recreating. HB 1207Educational Television Authority, Oklahoma, recreating. HB 1185Health Planning Commission, recreating. SB 222Medical Examiners, State Board of, recreating. HB 1256Osteopathic Examiners, State Board of, recreating. SB 142Ottawa Reclamation Authority, recreating. HB 1181Podiatry, State Board of, recreating. HB 1182Private Prison Industries Board, recreating. HB 1200Professional Practices Commission, repealing statutes relating to. HB 1196Professional Standards Board, recreating. SB 217Public Employees Relations Board, recreating. HB 1183Revision, general. SB 263Scenic River Commission, recreating. SB 224Sunset Review, Joint Committee on, creating, (smad) SB 263

SUPERINTENDENT OF PUBLIC INSTRUCTION, STATE (see STATE GOVERNMENT)

SUPREME COURT, OFFICE OF THE (see COURTS)

TAG AGENTS (see MOTOR VEHICLES)

TAX COMMISSIONAbolishing three-member Commission and replacing with Tax Commissioner. SB 265 Appropriations:


Assessments, proof of, forms to be supplied to county assessors. HB 1236 Attorneys for, allowing to assist in prosecution of violators of tax laws upon request,

(smad) HB 1419Audit of commercial canoe businesses, to conduct, (smad) SB 224

Subject Index 1169

Audits, conducted by State Auditor and Inspector’s Office, funding. SB 26 Capitol Improvement Authority, financial accounting functions, transferring to Office of

Public Affairs, (smad) HB 1050 Chairman, changing title to Director. SB 305Collection assistance to state agencies of delinquent debts by Commission, establishing

program. SB 201; HB 1314Collective bargaining, district courts to enforce act. (smad) SB 188 Commissioner, Office of Oklahoma Tax, creating, abolishing three-member Tax

Commission. SB 265Counties Fund, Reimbursement of, funding. SB 26County sales tax, authorizing procedures. HB 1018Data processing services, funding. SB 26Employers to register with for withholding tax. (smde) HB 1419Examinations or investigations, out-of-state taxpayers, authorizing certain fee, exception.

SB 285 (smde); HB 1372; HB 1419 (smad)Excise tax on finaneial institutions, to administer. HB 1380 (smde); HB 1419 (smde) Funds, to transfer from Agency Clearing Account to General Revenue Fund, (smad)

SB 328Gross Production Tax, producing formation and well classification, active or inactive,

information on, allowing Commission to release. HB 1138 Human Services Fund, to reapportion certain amount from to Insurance Commissioners

Protest Fund, (smde) HJR 1015Manufactured homes, to investigate if taxes have been paid. HCR 1015 Members, replacing with single Tax Commissioner, terms to continue until appointment

of Commissioner. SB 265Membership fees in regional or national tax associations for members and employees,

funding. SB 26Motor Vehicle License and Registration Act, creating new. SB 242 Records and files, confidential:

Allowing to be furnished to state agencies for debt collection. HB 1314 Exempting from authority of Archives and Records Commission. SB 218

(Residents smad) (Grain harvesters smde), nonresident, urging Commission to impose certain fees and taxes; (negotiations with other states encouraged, smad) HCR 1001

Revenues, redistributions, (smde) HB 1419Special Agency Account, (modifying smde) (repealing smad) apportionment to General

Revenue Fund. HB 1268 Withholding tax:

Employers to register with, (smde) HB 1419 Filing dates, modifying, (smde) HB 1419

V

TAX COMMISSIONER, OFFICE OF OKLAHOMACreating. SB 265

TEACHERSCollective bargaining, district courts to enforce act. (smad) SB 188Dismissal or nonreemployment hearing, judge to be Assistant Attorney General. SB 278Educational Employment Relations Act, creating, (smde) SB 188Fiscal year, modifying dates. SB 214Group health, dental and life insurance plans (see Teachers’ group health, dental and life

insurance plans, below)

1170 Subject Index

Hearing on dismissal or nonreemployment, judge to be Assistant Attorney General.SB 278

Investment of annuity contracts, expanding. SB 60 Medicare (see RETIREMENT SYSTEMS, Teachers)Retirement (see RETIREMENT SYSTEMS, Teachers)Salaries:

Experience, recognizing for purposes of certification and salary increments. SB 228 Minimums, school districts to compile, (smad) HB 1179 State employed by, modifying. SB 204

Teachers’ group health, dental and life insurance plans;Board of Trustees of Teachers’ Retirement System to evaluate and analyze feasibility of

establishing; to employ firm with actuarial services to assist; reports, (smad) SB 162 Teachers’ Group Health and Life Insurance Act, creating. HB 1153 Teachers’ Health and Life Insurance Reserve Fund, creating. HB 1153

TEACHERS’ GROUP HEALTH AND LIFE INSURANCE ACT (see TEACHERS)

TEACHERS’ RETIREMENT SYSTEM (see RETIREMENT SYSTEMS)

TELEPHONE AND TELEGRAPH SYSTEMSResidential customers of telephone companies, definition of, to be expanded by

Corporation Commission. SIR 13Rural Telephone Cooperative Act (see CORPORATION COMMISSION)Telephone companies to provide certain telecommunications devices to the deaf or

severely hearing impaired, requiring. SB 130

TENANT (see LANDLORD AND TENANT)

THAREL, OMA“ Outstanding Older Oklahoma Woman for 1983,’’ congratulating. SR 26

THIRD PARTY PRESCRIPTION ACT (see CONTRACTS)

THORPE, JIMMemorial, legislative intent to establish, (smde, smad) SB 36Stamp, commemorative postage, requesting United States Postmaster General to issue.

SCR 17

THUNDERBIRD INSIGNIA (see MILITARY DEPARTMENT, OKLAHOMA)

TICK ERADICATION PROGRAM (see ECONOMIC AND COMMUNITY AFFAIRS, DEPARTMENT OF)

TISDALE, WAYMANPraising for accomplishments as basketball player at University of Oklahoma. SR 19

TOBACCO TAX (see REVENUE AND TAXATION)

TORTS (see CIVIL PROCEDURE)

Subject Index 1171

TOURISM AND RECREATION, DEPARTMENT OFAppropriations:

Capital improvements. SB 58 Film Industry Task Force. SB 41 Generally. SB 41 Multicounty organizations. SB 41 “ Oklahoma Today” Magazine. SB 41 Reductions in 1982. SB 69 Scenic River Commission. SB 41 Summer Arts Institute. SB 41 Traveler Information Centers. SB 41 Tsa-La-Gi “ Theme” Park. SB 41

“ Clean is Beautiful Month” (see “ CLEAN IS BEAUTIFUL MONTH” )Commission members not to run for public office, (smad) SB 41 Entertainment, promotion, etc., appropriated funds to be transferred for. SB 58 “ Kick the Litter Habit Day” (see “ KICK THE LITTER HABIT DAY” )Promotion of travel in Oklahoma, directing. SCR 15Rune Stone Park, Clem Hamilton, renaming to Heavener Rune Stone Recreation Area,

designating visitor reception center as Clem M. Hamilton Visitor Reception Center, Department to erect markers to honor Herbert Zach Ward, the donor, and Senator Clem M. Hamilton. SIR 21

TOURISM AND RECREATION INDUSTRY APPRECIATION MONTH, OKLAHOMA

Creating. SCR 15Vacations, encouraging Oklahomans to take in state. SCR 15

TOWING SERVICES (see MOTOR VEHICLES, Wreckers and towing services)

TRAINS (see RAILROADS)

TRANSPORTATION COMMISSIONCommissioners:

Districts, restructuring. SB 63 (smad); SB 109 Expiration of terms of present, providing. SB 109 Number of, decreasing. SB 63 (smad); SB 109 Terms of office:

Decreasing length. SB 63; SB 109 Expiration of present, providing, (smad) SB 63

County Primary Road Improvement Act, creating, to promulgate rules and regulations. Commissioner to administer. SB 138

County Primary Road Improvement Fund, creating. Commission to apportion funds to counties. SB 138

TRANSPORTATION, DEPARTMENT OFAeronautics, Commission:

Director, deleting salary and (travel expenses, smde) (smad) SB 305 Funding. SB 52Office space, provided by Transportation Department, (smad, smde) SB 305

1172 Subject Index

Appropriations:Generally. SB 52 Reductions in 1982. SB 69

Counties:Breakage and unclaimed pari-mutuel ticket funds, to receive portion of. (smad)

HB 1022County Primary Road Improvement Act, creating, Department to assist counties.

SB 138County Primary Road Improvement Fund, creating. SB 138 County Road Branch of the Department, shall establish program to aid counties in

improving primary roads. SB 138County bridge improvement fund, modifying excesses to be credited to. SB 52 Litter signs, requesting to place. SR 29Public Competitive Bidding Act, partial payment and retainage on certain contracts,

modifying. HB 1305Railroads, warning signal devices at highway and railroad crossings, directing Department

to regulate in lieu of Corporation Commission. SB 272 Rural Roads Study Committee, creating for each county. Department to provide

assistance and annual report to Governor, Pro Tempore and Speaker. SB 262 Steed, Tom, Interstate 40 between Shawnee and OkMoma City to be dedicated to.

HCR 1023

TRAVEL EXPENSES AND/OR PER DIEMAging, Commission on, members of, authorizing reimbursement. SB 284 Alcoholic Beverage Control Board, deleting for Director, (smad, smde) SB 57 County election board members, per diem, increasing. SB 321 Education Employment Relations Commission, authorizing, (smde) SB 188 Educational Television Authority, Oklahoma, providing. HB 1185 Election Law Enforcement Commission, authorizing. SB 261 Enterprise District Management Authorities, authorizing. SB 90 Governor’s spouse to receive travel and subsistence when attending official function at

request of Governor. SB 274 Horse Racing Commission, allowing. HB 1370 Indian Affairs Commission, Oklahoma, increasing, (smad) SB 305 Lieutenant Governor and spouse to receive travel and subsistence when attending official

function at request of Governor, (smad) SB 274 Mandatory furlough, during periods of, members of boards and commissions not to

receive per diem. SB 327School districts, prospective employees, allowing travel (and other related smad) expenses

for (sponsored smad) visits to districts. HB 1215 Senatorial district offices, employees of, authorizing. SB 260

TRAVELER INFORMATION CENTERSAppropriation. SB 41

TREASURER, OFFICE OF STATEAppropriations:

Generally, (smde) HB 1051 I Reductions in 1982. SB 69

. Reductions in 1982, legislative intent. SCR 1

Subject Index 1173

Dental Plan Act, Prepaid, creating, requiring dental plan organizations to deposit certain cash certificates with Treasurer and pay certain tax through Insurance Commissioner to State Treasurer. HB 1299

Expenses to be paid from State Treasurer’s Revolving Fund, (smad) HB 1051Fund, State Treasurer’s, expenses of office to be paid from, (smad) HB 1051Retirement systems, investments of certain, to utilize Federal Reserve member bank for

safekeeping, (smde) SB 85Vendors Revolving Fund, Registration of State, to draw warrants on Fund, (smad)

SB 305Water investment certificates, increasing allowable to purchase. SB 156

TREES (see AGRICULTURE)

TRESPASSING (see CRIMES AND PUNISHMENT)

TRUSTS AND POOLSMaterialmen’s, mechanics’ or labor lien not to be affected if trust funds. SB 279

TSA-LA-GI “ THEM E” PARKAppropriation. SB 41

TULSA COUNTY HOME FINANCE AUTHORITY (see PROPERTY, Mortgage bonds)

TYLENOL BILL (see CRIMES AND PUNISHMENTS, Contamination)

uUNEMPLOYMENTEnterprise Zone Act, Oklahoma, creating. SB 90

UNEMPLOYMENT BENEFITS (see LABOR)

UNIONS (see COLLECTIVE BARGAINING)

UNITED STATES FISH AND WILDLIFE SERVICE (see FISH AND WILDLIFE SERVICE, UNITED STATES)

UNITED STATES POSTAL SERVICE (see POSTAL SERVICE, UNITED STATES)

UNITED STATES POSTMASTER GENERAL (see POSTMASTER GENERAL, UNITED STATES)

UNIVERSITIES (see HIGHER EDUCATION)

URBAN RENEWAL (see CITIES AND TOWNS)

USED M OTOR VEHICLE (see MOTOR VEHICLES)

1174 Subject Index

UTILITY BILLS (see UTILITY COMPANIES, GENERATING PLANTS AND FACILITIES)

UTILITY COMPANIES, GENERATING PLANTS AND FACILITIESAcquisition, control or merger of certain, establishing procedures. SB 172 Corporation Commission, to report all electrical projects to for review, as well as

forecasts and system planning data. HB 1108 Fuel costs, recovery of under certain conditions, (smad, smde) SB 172 Investigations, acquiring party to pay. (smad) SB 172Residential customers, definitions of, (directing smde) (authorizing smad) Corporation

Commission to expand and authorizing public hearings. SIR 13 Utility Consumer Intervention, Division of (see ATTORNEY GENERAL,

OFFICE OF THE)

VEHICLE EQUIPMENT SAFETY COMPACTRepealing, (smad) SB 54

VETERANSBingo games, allowing posts or organizations to conduct. SB 97 Herbicide exposure, effects of, memorializing Congress to research and provide data to

veterans’ organizations. SCR 10 Korean veterans monument (see Vietnam, below)Special Disabled Veterans Employment Act, creating. SB 200Vietnam (and Korean smad) veterans monument, authorizing Governor to accept from

Oklahoma Vietnam Veterans (and concerned citizens smad), (repealing HJR 1036, Second Session, 38th Legislature, smad) HJR 1012

VETERANS ADMINISTRATION, FEDERALDisability claims against Veterans Administration, memorializing Congress to allow

judicial review. HCR 1006

VETERANS AFFAIRS, DEPARTMENT OFAppropriations;

Generally. HB 1072Specific projects. SB 58Reappropriation for east wing at Clinton. SB 16Reductions in 1982. SB 69

Training program for employees, authorizing, funding, procedures. HB 1302

VICTIMS (see CRIMINAL PROCEDURE, Victims)

VIDEO GAMES (see AMUSEMENTS AND SPORTS)

VIETNAM VETERANS, OKLAHOMAVietnam veterans monument, authorizing Governor to accept, (repealing HJR 1036,

' - Second Session, 38th Legislature, smad) HJR 1012

Subject Index 1175

VOCATIONAL AND TECHNICAL AREA SCHOOL DISTRICTSBoard members, Governor to appoint under certain circumstances. SB 74 Educational Employment Relations Act, creating, (smde) SB 188 Elections (see ELECTIONS, School elections)

VOCATIONAL AND TECHNICAL EDUCATION, BOARD OFAppropriations:

Generally. HB 1180Opportunities Industrialization Center Program. HB 1180 Reductions in 1982. SB 69 Stringtown Correctional Center, (smad) HB 1180

Educational Employment Relations Act, creating, (smde) SB 188 Stringtown Correctional Center, transferring administration, supervision, operation,

property, records and personnel of Vocational Training Program and School from Department of Human Services to Board. HB 1180 (smad); HB 1348

VOCATIONAL AND TECHNICAL EDUCATION, DEPARTMENT OFAppropriations, specific projects. SB 58Children, exceptional, delivery of related services to, procedures. HB 1271

VOLUNTARY CITIZEN PARTICIPATION, OFFICE OFAppropriation. HB 1085

VOLUNTEER FIRE DEPARTMENTS (see FIRE DEPARTMENTS)

wWADE, HENRY F. “ HANK”Condolences. SR 4

WAGESDefinition, modifying. HB 1223 Garnishment:

Funds paid prior to order, procedures, (smad) HB 1146 Garnishee summons, modifying procedures. SB 93 Notice to defendant, modifying. HB 1146 Postjudgment summons, not requiring. HB 1257 Prejudgment summons, providing procedure, modifying form. HB 1257 Procedures and forms, limitation hearings. SB 88

Minimum wage, establishing as equal to current federal minimum wage, deleting maximum age requirements and increasing penalties. HB 1163

Public works, minimum wages on:Amount, determination of, modifying, (smad, smde) SB 305 School districts, not applicable to. SB 84

Taxable wages, defining, (smad) HB 1223

W ALKER, OLIVER C.Bridge in Dale to be named after. SR 28

1176 Subject Index

W ALTZ, OKLAHOMA“ Oklahoma Waltz” to be official state waltz. HB 1184

WAR VETERANS (see VETERANS)

WAR VETERANS COMMISSIONAccrediting Agency, State, Commission to furnish office space. Agency to pay share of

utilities, recreating. SB 216Administration of various departments, agencies and funds, modifying. SB 216Training programs for employees of Department of Veterans Affairs, Commission to

promulgate rules and regulations for certain contracts. HB 1302

WARD, HERBERT ZACHDepartment of Tourism and Recreation to erect markers to honor Mr. Ward as the donor

of the land for Clem Hamilton Rune Stone Park, renaming Heavener Rune Stone Recreation Area. SJR 21

WARRANTIES (see CONTRACTS)

WATER DEVELOPMENT REVOLVING FUND, STATEWIDE (see WATERS AND WATER RIGHTS)

WATER RESOURCES BOARDAppropriations:

Generally. SB 39 Reductions in 1982. SB 69 Sardis (Clayton Lake) Reservoir, (smde) SB 39

Loans to certain entities for storage and control facility projects, modifying restrictions and requirements. HB 1376

WATERS AND WATER RIGHTSConstitutional amendment. Legislature to enact laws to provide statewide development.

SJR 11Investment certificates, increasing amount State Treasurer allowed to purchase. SB 156 Regional Water Distribution District Act, revision and expansion, general, and repealing

certain statute sections. SB 192 Rural Water Districts, funding. HB 1085 Scenic River Commission (see SCENIC RIVER COMMISSION)Soil and Water Resources Board (see SOIL AND WATER RESOURCES BOARD) Storage and control facility projects, loans or grants by Water Resources Board to certain

entities, modifying restrictions and requirements. HB 1376 Water Development Revolving Fund, Statewide, Gross Production Tax, to receive

apportionment. SB 197

WEATHERBoats and water craft (see PUBLIC HEALTH AND SAFETY)Weatherization Revolving Fund, restrictions on use. HB 1085

WEATHERIZATION (see WEATHER)

Subject Index 1177

WEIGHTS AND MEASURESBureau of Standards, State, powers and duties, modifying. HB 1282 State standards, modifying procedures. HB 1282

W ELFARE (see HUMAN SERVICES, DEPARTMENT OF)

WESTERN PLAINS INDIANS ARTS AND CRAFTS COMMISSIONAppropriations:

Generally. SB 37Reductions in 1982. (smad) SB 69

Fund, Western Plains Indians Arts and Crafts Revolving, creating, (smad) SB 37

WESTERN STATE HOSPITAL (see MENTAL HEALTH, DEPARTMENT OF)

WHEAT COMMISSION (see AGRICULTURE)

W HITAKER STATE CHILDREN’S HOME (see HUMAN SERVICES, DEPARTMENT OF, Director)

W ILDLIFE COMMISSIONImpoundment and sale of certain vehicles and equipment as penalty for breaking fishing

laws. HB 1025

W ILDLIFE CONSERVATION, DEPARTMENT OFBeaver damage control, directing action. SR 22Wildlife Conservation Department Retirement Fund (see RETIREMENT SYSTEMS)

W ILL ROGERS MEMORIAL COMMISSIONAppropriations:


Director, authorizing. HB 1057 Powers and duties, modifying. HB 1057

WILLS AND SUCCESSIONApplicability of statutes on estates, legislative intent, (smde) SB 293 Descent and distribution of a decedent’s estate:

Adding children of deceased brothers and sisters. SB 170 Modifying procedures. SB 170; HB 1102

Marital deduction formula, providing for construction, specifying dates. SB 293 Mineral interests, abandoned, any (interested smde) party may bring escheat actions,

allowing (expenses smde) (and attorney fees, smde) SB 79

W ORKERS’ COMPENSATIONCourt:

Appropriations:Court building, new. SB 58 (smde, smad); SB 300 Generally. HB 1053

Fees, increasing. HB 1187; HB 1393 (smad)

1178 Subject Index

Definitions, employee, eliminating volunteer civil defense worker. SB 235 Fund, State Insurance, modifying where money is deposited, (smad) HB 1053 Insurance premium rates:

Inclusion in rating act, requiring, (smad) SB 268 _Prohibiting use of payroll factor, exceptions. SB 310

Medical attention:Exemption, deleting for farmer’s employee, (smad) SB 166Health care services, charges for, modifying procedures for submission of to Workers’

Compensation Court; allowing recovery of attorneys fees by (provider smde) (prevailing party, smad) SB 166

W ORKERS’ COMPENSATION ADMINISTRATION FUNDAppropriations, transfer from State Board of Affairs, (smde) SB 58

WRECKERS AND TOWING SERVICES (see MOTOR VEHICLES)

YEARS, SPECIAL (see DAYS, MONTHS AND YEARS, SPECIAL)

YORK’S, LEON J ., CHILDREN’S SHELTER (see APPROPRIATIONS)

YOUTH DAYChanging date. SB 108

YOUTHFUL OFFENDER ACT, NONVIOLENT (see CHILDREN, Nonviolent Youthful Offender Act)

ZERO-BASED BUDGETINGBudgets of agencies to be submitted to Director of State Finance, (smad) SB 301 Schedule of agencies for beginning, listing, (smad) SB 301

JOURNALof the

SENATEFIRST EXTRAORDINARY SESSION

OF THE

THIRTY-NINTH LEGISLATURE

OF OKLAHOMA

1983

Convened September 19, 1983

Adjourned September 23,1983

\

Senate Journal

OFFICERS OF THE SENATE

FIRST EXTRAORDINARY SESSION

39TH LEGISLATURE

1983

SPENCER BERNARD, Rush Springs ..................................................................... President

MARVIN YORK, Oklahoma City ..................................................... President Pro Tempore

WILLIAM M. SCHUELEIN, Miami ................................................ Majority Floor Leader

ROBERT V. CULLISON, Skiatook ................................. Assistant Majority Floor Leader

PAUL TALIAFERRO, Lawton .......................................... Assistant Majority Floor Leader

KENNETH K. LANDIS, Duncan .................................................................. Majority Whip

JERRY T. PIERCE, Bartlesville ....................................................... Minority Floor Leader

E.W. KELLER, Oklahoma City ........................................ Assistant Minority Floor Leader

JERRY L. SMITH, Tulsa ................................................................................ Minority Whip

LEE SLATER, Guthrie .............................................................................................. Secretary

T

Senate JournalFirst Extraordinary Session of the Thirty-ninth Legisiature,

1983,of the State of Okiahoma

First Legislative Day, Monday, September 19,1983

Pursuant to the Executive Order issued by the Governor of the State of Oklahoma, the Honorable George Nigh, on the 16th day of September, 1983, and the hour of 1:30 p.m. having arrived, the Senate was called to order by its President, Spencer Bernard.

Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Leonard, Luton, McCune and O’Connor.—4.


The prayer was offered by Senator Watson.

COMMUNICATION

The Executive Order issued by the Governor was read at length as follows:

State of Oklahoma Executive Department Executive Order 83-4

To the Honorable Members of the House of Representatives and Senate of the State of Oklahoma:

Pursuant to the provisions of Article Six, Section Seven of the Constitution of the State of Oklahoma, I hereby convoke the First Extraordinary Session of the Thirty-ninth Legislature of the State of Oklahoma, to convene at the State Capitol at 1:30 o’clock P.M., on the nineteenth day of September, 1983. At such session, I recommend for consideration the following subjects:

1. Amendment of the provisions of Oklahoma Statutes relating to procurement of public construction contracts and consultant services and public competition bidding to provide for the waiving or suspension of certain procedures upon the declaration of an emergency by the Governor.

Senate Journal, First Extraordinary Session of 39th Legislature.

2. Appropriation to the Department of Corrections from the Special Sinking Reserve Fund of the State Treasury of an amount not to exceed Five Million Dollars ($5,000,000.00) as may be required for renovation, repair and construction at Department of Corrections facilities.

3. Appropriation to the State Board of Education from the Special Sinking Reserve Fund of the State Treasury in an amount not to exceed Eleven Million Dollars ($11,000,000.00) as may be required for mid-term supplements in State Aid for the School Year 1983-84.

4. Granting authority to the Director of State Finance to transfer any balance of monies in the Special Sinking Reserve Fund of the State Treasury to the General Revenue Fund of the State Treasury for the fiscal year ending June 30, 1984.

5. Amendment of the provisions of the law creating the Special Sinking Reserve Fund to authorize the State Treasurer to utilize excess public funds available for investment in lieu of monies in the Special Sinking Reserve Fund for purposes specified in 62 O.S. Supp. 1982, Section 57.200.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the State of Oklahoma to be fked at Oklahoma City, Oklahoma, this 16th day of September, 1983.

(Seal)

BY THE GOVERNOR OF THE STATE OF OKLAHOMA

/s/ GEORGE NIGH

ATTEST:Jeannette B. Edmondson,Secretary of State

/s/ Esta M. PhippsAssistant Secretary of State

MOTION- SENATE RULES

Senator Schuelein moved that the Rules of the Senate of the 39th Legislature in Regular Session be adopted as the Rules of the Senate in Extraordinary Session and that the organization and selection of officers of the 1st Regular Session of the 39th Legislature continue in Extraordinary Session, which motion was declared adopted.

Senator Schuelein submitted the Report on Mileage Allowance and moved its adoption, which motion was declared adopted.

MILEAGE ALLOWANCE

Name ResidenceTotal Miles Round Trip

Amount Round Trip

Boatner, Roy A. Calera 332 $73.04Branch, Bill Pauls Valley 120 26.40Cain, Bernest H. Jr. Oklahoma City NoneCapps, Gilmer N. Snyder 278 61.16Cate, Lee Norman 52 11.44Choate, Ralph J. Butch Hennessey 130 28.60Clifton, John L. Shawnee ^2 15.84Combs, Mike Bethany 16 3.52Cullison, Robert V. Skiatook 240 52.80

First Legislative Day, Monday, September 19, 1983 3

Dahl, John L. Bamsdall 302 66.44Dawson, Bill Seminole 136 29.92Dennis, Gerald C. Antlers 324 71.28Ford, Charles R. Tulsa 240 52.80Giles, Ray A. Pocasset 90 19.80Green, Warren E. Tulsa 240 52.80Hopkins, Robert E. Tulsa 200 44.00Howell, James F. Midwest City NoneJohnson, Joe Heavener 420 92.40Keller, E.W. Oklahoma City NoneKilpatrick, Don Del City 22 4.84Lamb, Norman A. Enid 176 38.72Landis, Kenneth K. Duncan 200 44.00Leonard, Tim Beaver 450 99.00Luton, John D. Muskogee 284 62.48McCune, John R. Oklahoma City NoneMcDaniel, James W. Fitzhugh 200 44.00McIntyre, Bernard Tulsa 240 52.80Miller, Robert L. Beggs 250 55.00Moore, Ed Oklahoma City 32 7.04O’Connor, William P. Ponca City 220 48.40Pierce, Jerry T. Bartlesville 300 66.00Porter, E. Melvin Oklahoma City NoneRandle, Rodger A. Tulsa 240 52.80Rhodes, Frank Catoosa 270 59.40Roberts, Darryl F. Ardmore 196 43.12Rozell, Herbert Tahlequah 400 88.00Schuelein, William M Miami 400 88.00Shedrick, Bernice Stillwater 134 29.48Smith, Jerry L. Tulsa 250 55.00Stipe, Gene McAlester 260 57.20Taliaferro, Paul Lawton 196 43.12Taylor, Stratton Claremore 270 59.40Terrill, A1 Lawton 204 44.88Watson, Phil Edmond 24 5.28Winn, Wayne Weatherforc 140 30.80Wright, Gerald Ged Tulsa 250 55.00York, Marvin Oklahoma City 20 4.40Young, John W. Sapulpa 204 44.88

FIRST READING ries; exempting persons confined in county jails and correctional institutions employed

The following were the first time;

introduced and read in certain projects from the Workers’ Compensation Act; granting immunity from liability for the State of Oklahoma and counties

SB 1 — By Roberts of the Senate and of this state for injury or damage to certainKelly of the House. persons; providing for codification; and de-

An act relating to prisons and reformato- daring an emergency.

Senate Journal, First Extraordinary Session o f 39th Legislature.

SB 2 — By Lamb of the Senate and Rei- mer of the House.

An act relating to criminal procedure; amending 22 O.S. 1981, Sections 1112 and 1114.9, which relate to bond schedules; increasing certain bond amounts; and declaring an emergency.

SB 3 — By York of the Senate and Barker of the House.

An act relating to the Department of Corrections; making reappropriations thereto; redesignating the purposes; providing for selection of consultants by the Director of Public Affairs; directing maximum utilization of inmate and state employee labor; providing for certain notice, bidding and affidavit procedures for purposes of implementing this act; providing lapse date; making reappropriations nonfiscal; specifying the temporary nature of certain provisions; and declaring an emergency.

Senator Schuelein moved that the Senate stand at ease until the hour of 2:15 p.m., which motion prevailed.




Advising the Honorable Senate that the House of Representatives is organized and ready to transact business and to convene in a Joint Session.

Senator Schuelein moved that the Senate convene with the House of Representatives at the hour of 2:30 p.m. and upon adjournment of Joint Session, when the clerk’s desk

is clear, the Senate stand adjourned to meet Tuesday, September 20, 1983, at 1:00 p.m.

JOINT SESSION

The First Joint Session of the First Extraordinary Session of the 39th Legislature was called to order by President Bernard.

Senator Schuelein moved that the attendance roll call of the Senate be considered the attendance roll call of the Senate in Joint Session, which motion was declared adopted.

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, McDaniel, McIntyre, Miller, Moore, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—44.

Excused: Leonard, Luton, McCune and O’Connor.—4.

President Bernard declared a quorum of the Senate present.

Representative Glover moved that the attendance roll call of the House be considered the attendance roll call of the House in Joint Session, which motion was declared adopted.

Present: Abbott, Adair, Anderson, Atkinson, Baker, Barker, Baughman, Blodgett, Boeckman, Boyd, Brewster, Brown, Caldwell, Clark, Cole, Combs, Conaghan, Converse, Cotner, Cox, Craighead, Davis (Frank), Davis (Guy), Davis (Porter), Deatherage, Denman, Duckett, Duke, Fair, Formby, Fried, Garrison, Glover, Gordon, Graves, Gray, Grieser, Hale, Hall, Hamil

First Legislative Day, Monday, September 19, 1983

ton, Haney, Harbin, Harris, Harvey, Henry, Henshaw, Hill, Hobson, Holden, Holt, Hooper, Johnson (Don), Johnson (Glen), Joiner, Kamas, Kelly, Kincheloe, Koppel, Lancaster, Lawter, Leftwich, Lewis, Little, Littlefield, Logan, Manar, McCorkell, Mentzer, Monks, Morgan, Murphy, Osborne, Peterson, Pitezel, Reimer, Rieger, Riggs, Rogers, Ross, Sanders, Sherrer, Shurden, Sill, Smith (Bill), Smith (Jerry), Stottlemyre, Talley, Thompson, Twidwell, Vanatta, Vaughn, Virtue, Whorton, Wide- ner, Williams (Freddye), Williams (Penny), Williamson and Willis.—98.

Excused: Hastings.— 1.Vacancies.—2.

The Speaker declared a quorum of the House present.

President Bernard declared quorums of the Senate and House present and the Joint Session duly assembled.

The invocation was offered by Representative Duckett.

Senator Schuelein moved that the President of the Senate and the Speaker of the House appoint a committee of three, respectively, as a Joint Committee to notify the Governor the First Extraordinary Session of the 39th Legislature is in Joint Session and ready to receive him and hear his message, which motion was declared adopted.

President Bernard appointed for the Senate the following: Senators Clifton, McDaniel and Cain.

Speaker Barker appointed for the House the following: Representatives Widener, Adair and Hall.

INTRODUCTIONS

President Bernard introduced the first lady of the State of Okahoma, Mrs. Donna Nigh; Mrs. Kay Barker, wife of Speaker Barker and the second lady of the state, Mrs. Vivian Bernard. Also introduced was Senor Neco

Murrieta, Airmoseo, State of Sonora, Mexico, office of the President of Mexico.

President Bernard recognized the Sergeant at Arms who announced the arrival of the Honorable George Nigh, Governor of the State of Oklahoma.

Governor Nigh was escorted to the Speaker’s desk by the Joint Committee and was presented to the Joint Session by President Bernard.

The Chief Executive delivered his address to the members of the Legislature assembled in Joint Session, which message was read at length as follows:

MESSAGE OFGOVERNOR GEORGE NIGH

“ Presiding officer Lt. Governor Bernard, President Pro-Tempore York and Speaker Barker. May I just momentarily stop and say that’s the first time I’ve had the chance to officially address Speaker Barker, so, Jim, on behalf of the state of Oklahoma and those who’ve already been here to congratulate you may I offer congratulations on your new role in state government.

It of course had not been any design at all or in the back of my mind anywhere that on this day we would be here in special session.I know that is unanimously shared by the membership of both houses. Calling a special session is a very unusual responsibility of a Governor because by the nature itself, the constitution sets it aside for special items and special events. I had not planned and had in effect been opposed to a special session. I had thought that the legislature had addressed in its wisdom the best that it could state government in the recently adjourned regular session and that we would try to do our best to tough out some of the problems that we had until you returned in regular session. I know there were problems in the organization of the House, and that was certainly a consideration, the economy was certainly a consideration, the professional services opinion was a consideration in some minds, etc., etc. But the decision to call you

1Senate Journal, First Extraordinary Session of 39th Legislature.

into special session started on the night of August 29th as I arrived at the Oklahoma City airport. I was met by an officer that told me that I was immediately wanted on the telephone and was not to talk on the radio. That, of course, is the key that it is a very serious subject and that it should be a private conversation. I talked to Director Meachum of the Corrections Department and he alerted me of the ongoing riot at Hominy. I left the airport and went immediately to the Corrections Center to join the Director in setting up a command post — That has become history, the events of that night, a facility with 747 (an easy number to remember) inmates had a riot, not a disturbance, but a major riot.

As we worked there and I watched the cooperative spirit of the various agencies - the Military Department, Public Safety and Civil Defense, the communities in the area around Hominy. As I watched the private sector — the Red Cross and the others, the Salvation Army and the others that were called and the spirit of the federal people and the private businesses that loaned us a helicopter with a light, for example. As 1 watched everybody come together in a sense of emergency I was proud of the way the agencies and the citizens responded to a crisis.

We had the frustrations everybody else had in asking ‘why, what is going on?’ Frankly it was added to by the lack of communications — phone lines going out. We were in the middle of a phone problem. 1 don ’ t know if I can say what caused it, but we were constantly being disconnected, several times being disconnected and because of the circuits being busy we had difficulty reestablishing contact and at times, at Hominy, while they were in control at the scene or we’re trying to bring it under control, we here at the Command Post had difficulty in even knowing what was going on. Press was gathered there and we couldn’t even coordinate what we would be releasing because we

didn’t have the same information . . . very frustrating.

Questions were asked for example like ‘Why didn’t we move in sooner, why did a riot take place and why did it take so long to bring it under control?’ Then you take into consideration that this was in darkness, that night had fallen and power was out. It was extremely difficult and I would not, for a matter of fact, order the correctional officers in under darkness not knowing what weapons, if any, inmates had. There were rumors circulating about automatic weapons in addition to the homemade knives and other weapons that they’re able to make. So, I would not send the guards in because we had no lights and 1 wouldn’t send them in because of darkness. Then we had the other problems of course and people would ask ‘Weren’t the guards present able to quell the disturbance?’ Keep in mind that correctional officers (inside) do not carry guns. One of the premises is that you do not carry anything on your body that an inmate wants, be it a weapon, an automatic or a night stick, anything that would be of value to them - because then you make yourself, as a hostage, more valuable to them or what you have more valuable to them.

And so as you face today the area of corrections, the corrections officers on the ground were not armed, etc. Darkness, etc. Lack of water pressure was a problem in combatting the fires. And so we had an evening of frustration and in the light of day I would like to say that I’m glad that no correctional officer lost his life. 1 regret that even one inmate lost his life. There should be a thank you expressed to the employees of the Corrections Department for their performance at that site. I think they did a good job and I commend them for it.

Several things have followed since August the 29th that you’ve already read about. I just want to repeat to you and the people of Oklahoma the attitude of this administration con-


ceming particularly, Conner, at Hominy. That is, of course, that those who messed it up should clean it up. Inmates were returned as quickly as possible to begin their part of cleaning up the facility. I did not want the correctional officers cleaning up the riot mess, I wanted the inmates cleaning up the riot mess. There were some areas the correctional officers cleaned up because they wanted to or we determined it was appropriate, like the office or administrative area.

Next, it was asked in a press conference whether or not I would give early commutations because of the riot and overcrowding. I want to repeat what I said there. I will give no early commutations because of the prison riot, period. I want to point out that we are going to press every charge possible against any known leader or participant in that riot. 1 want you to know that there is no excuse for the riot regardless of the situation, in my opinion. There is no excuse and we should make one point clear if we make no other point clear today. Rioters will not be rewarded. That just has to be the basic premise. Some additional information of which I have not spoken previously until a legislative committee meeting the other day is that I’ve directed my staff to pull from the pardon and parole recommendations any inmate who at the time was at Conner. 1 will not consider any pardon and parole of any inmate already recommended by the Pardon and Parole Board until we’ve ascertained whether they did or did not participate in the riot, to the best of our ability. I’ve also instructed them to put on the cover sheet of every parole that comes to me a notation, of any time there was a suspicion of active participation in the riot. There must be a clear message. That message is that incarceration is incarceration, that we tend to enforce the incarceration rules and that we do not intend to reward rioters.

N ow the question com es up, ‘H ow did ithappen?’

I know this is old history. You’ve heard us say repeatedly this was a model institution. Well, let’s take the state of the arts of the seventies. It’s not model today because things change each session, things change each interim, things change from building to building. If you built a dormitory at a university today it would not be the same as one you built three years ago. The same thing would be true three years from now. Things change. But the state of the art of the seventies said that was a model prison. The National Institute of Corrections sent three of their people in that they paid at their expense. They hired three consultants and they went on-site and made observations. They said ‘Structurally, it is a good facility’. The damage, while it may be excessive like $3 million or more, that structurally the facilities are there and are strong and are ‘fireproof’. The basic fire damage was contents and in one or two buildings which were not of the same structure as the housing units.

Then the question is asked again, ‘How did it happen?’

‘Was it idleness, was it that there was an hour and a half lockdown and it was over 100 degrees, was it because they ran out of barbecue beef and 35 were told they were going to have to eat hamburger patties?'

‘What was the cause?’

Well, I think you had a combination of factors that came together. Everyone tells us it was the most spontaneous and not preplanned disturbance that we’ve had and that it just happened. Of course it happened and we are in special session today.

We’re in special session because in my judgment, as Governor, there is an emergency. An emergency exists in the corrections system probably in more ways than one, but one particularly that we can address today. As we moved the 747 inmates from Conner to the other facilities we obviously added

Senate Journal, First Extraordinary Session o f 39th Legislature.

additional people at those facilities. We need to immediately, with all possible haste in this crisis, get as many back at that facility as soon as possible. First of all that’s where they ought to be and secondly we need to reduce the problems they are contributing to the other facilities. The emergency is to get them back quickly. The emergency is to get them back quicker than would be allowed under the normal procedure and thus, a special session to take special action. Then, when I decided to call you into special session for special action I decided to make some other recommendations and issue them in the call, because in my opinion they are issues that need to be addressed at this particular time.

In the call I have given you basically four subject areas. They include:

I recommend that you amend the provisions of the Oklahoma statutes relating to procurement of public construction contracts and consultation services and competitive bidding. There is an estimate that if we can waive this one time, all the requirements that we have in a timetable that we can save up to 130-150 days and getting back as quickly as possible as many as possible inmates to the facility. I recommend that be the first thing you consider. To me, that’s the strongest point of the call — that we waive that and let the Office of Public Affairs handle the situation as quickly as possible.

Two, we obviously have to have some funds. Not that we want to go in and build a better facility to the extent that we’re going to dress it up. But even just to return it to the situation where it was, to return it to a secure facility, to make it where they can live there, we have to spend some money. And that rubs my craw just like it does you and the taxpayers of Oklahoma that we have to pay out money to replace something that convicted felons have destroyed. And yet realize that that’s the only source of funds at this time that we can use. And so, if we want to rebuild

it we have to use these funds. And so, 1 am asking that you authorize amendment to the provision of the law that crewed the special sinking reserve fund. And that you would authorize the State Treasurer to utilize excess public funds available so that we can have that money available for use. That’s the second action that needs to be taken. That from that we should set up the mechanism where we can authorize the Treasurer to transfer those funds. And then with the funds what we would consider using them for. That’s the next recommendation.

So that we do not get tom between midterm adjustments and the school children as regards to trying to take care of the school districts as we are committed to do traditionally over the year, that we set aside the first amount of money (I’ve recommended $11 million dollars into the mid-term adjustment fund, which is the same amount as was appropriated last year) so that we set that issue aside. We don’t know yet how much it will be, but we know that that’s the amount that was appropriated last year in the mid-term adjustment. So let’s set aside that $11 million and still keep it there so that when you return in regular session it is there for the mid-term adjustment.

Next, I recommend that you authorize from that fund (and the key words are ‘up to’ or ‘not to exceed’ $5 million dollars) for that as may be required for renovation, repair and construction of the Department of Corrections facilities. You need to divide this into two subjects and that is what we want to do at Hominy and what we might want to do at some other facilities, right now, from our experience at Hominy. The figure of $5 million dollars is a figure that is just an estimate that we think would cover so not to exceed that with some flexibility of determination within there.

For example, I’m not sure, nor do I think in this week’s time that we could be sure exactly what we wanted to do at each facil


ity. Give you an example, the NIC people came in and said, “ One alternative is to build it back like it was.” Now all of us have had insurance policies in our lifetime and we do not have an insurance policy on our correctional facilities, but you’ve had insurance policies. And you can get replacement value and then you can decide for yourself if you really want to replace it or if you want to replace something like it or if you just not want to replace it at all. What I’m suggesting to you is that while we appropriate the funds that we might consider the fact that while we are replacing it we might not want it exactly as it was. And there are some very definite for instances, the glass. The NIC team which was an architectural and an electrical and structural engineer (the three people) said that there was too much glass. They said that Oklahoma was justifiably proud and want to use this term ‘ ‘justifiably proud’ ’ of the facility that we built in the 1970’s. That it was a good facility. But in today’s standard it’s too much glass and from the day that we began it was the improper glass. It was the wrong glass to start with and even if it had been the right glass, there was too much of it. And so, the glass that separated the inmates from the corrections officers was an easy goal to break for the inmates who decided to riot. They’ve recommended that instead of replacing it like it was, we would consider raising the wall, reducing the amount of glass and putting a more expensive glass in that is the nonbreak- able type. If we decide that is correct for example, at Conners, that is a mirror of other institutions that we have in the system and that if we want to put in new glass for example, at the Hominy facility, we might want to at the same time issue the same judgment call and change the glass at the other facilities. I think we need to have some flexibility there.

They told us that we might want to look at the mechanism to lock up the cells. That ‘yes’ you could build it back like it was. But when you got in there you might want to change the mechanism. And some manner might cost a little more, some manner might

cost a little less. And I concur in their recommendation that we use flexibility as much as possible. And I recommend to you and I’m telling you that my plan is that the construction manager would be the Office of Public Affairs and that that office would handle through subcontracts the work that we decided we need up to $5 million dollars. Not $5 million dollars but as needed there at Conner or in other facilities based upon security. I would not take any of that money in the up to $5 million dollars and put it in any other facility that didn’t deal with the security lesson learned from the Hominy incident. I recommend that you allow us to do that. And the NIC people also said that while they wanted to say the structural facility was a state of the art, they wanted to also say and they will so say in their written report that the employees performed and responded extremely well. That we were fortunate as far as the loss of life was concerned in that major of an incident.

Next, I recommend to you that you then authorize the Office of The State Finance to transfer any balance of monies which would be around $21 million from the special sinking fund to the general fund. Now the reason I’ve recommended that is the same recommendation that I made in the previous session, that I recommended that we look at all possible funds. I recommended this fund last session that you look at all possible funds to delay or avoid if at all possible a tax increase or a failure in revenue or a reduction in services. It just seems to me that as we look at the economy that has ever so slightly made an upturn, that each time that we can buy a month or buy a fiscal year we have made progress to the taxpayers of Oklahoma by resisting a tax increase as long as we can preserve the progress we’ve made in the previous four years. And while we’ve had a slight reduction in many areas 1 am proud that state government has tried to tighten up and that just through the freeze - through the freeze that we have estimated that we put into effect in November and agencies not rehiring

10 Senate Journal, First Extraordinary Session of 39th Legislature.

in cases where they did not consider them essential or extremely important, we’ve saved approximately $29 million dollars by the freeze. And that we’ve told agencies to build if at all possible a cushion for a possible failure of revenue and shortfall sometime in this fiscal year. At one time it was predicted it would be September and it wasn’t. October and it wasn’t. More than likely it can be November or will be November. It will be November - our failure in revenue or shortfall, whichever term you might want and again in December, that is determined of course upon any upturn that we have which has been slight. Employment is looking a little bit better in Oklahoma, etc. So I’m recommending to you that while we are in special session because of the emergency there equally is an opportunity to once again consider the possibility of putting this money that is in the fund and awaiting you to return in January, to put it in the fund now to be used for the November and December allocations. I consider it important that the government like everybody else in tough times

would look around and see if they have funds they can use - that doesn’t require a tax increase and doesn’t require us to take a major reduction in services. And to me that is something you should consider. I think that you need to take action now. This is a special session for a special problem. The corrections facility at Conners needs to be immediately made available to the Corrections Department for the use within the system. I equally recommend that you consider waiving the rules that you consider authorizing the Treasurer to transfer funds from the bond sinking fund that we do what we can at this time because there truly is an emergency.

Thank you very much.”

Upon motion of Senator Schuelein, the Joint Session was ordered dissolved.

Pursuant to the Schuelein motion, the clerk’s desk being clear, the Senate adjourned at 3:30 p.m. to convene Tuesday, September 20, 1983, at 1:00 p.m.

Second Legislative DayTuesday, September 20,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Choate, Clifton. Combs, Cullison, Dahl, Dawson, Dennis, Ford. Giles, Green, Hopkins, Howell, Johnson, Kilpatrick. Landis, Leonard, McDaniel, McIntyre, Miller, Moore, O ’Connor, Pierce, Porter, Randle, Rhodes, Roberts, Rozell, Schuelein, Shed- rick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—43.

Excused: Cate, Keller, Lamb, Luton and McCune.—5.


The prayer was offered by Senator Johnson.

FIRST READING


SB 4 — By Randle.An act relating to criminal procedure; pro

viding for restitution for destruction of public property by prisoners in addition to existing penalties; providing that restitution obligation remain after release from custody; providing for codification; and declaring an emergency.

SCR 1 — By Boatner.A concurrent resolution relating to the De

partment of Public Safety; stating legislative intent that certain members of the Oklahoma Law Enforcement Retirement System be eligible for retirement; and directing distribution.

SR 1 — By Young.A resolution requesting the Governor to

expand his special session order to include consideration of appropriations to the Department of Transportation to match federal funds; and directing distribution.

UNANIMOUS CONSENT REQUESTS—DIRECT TO CALENDAR

Senator York asked unanimous consent, which was granted, to suspend Rule 5-4 and when SB 3 is read the second time it be referred direct to the Calendar.


Senator Boatner asked unanimous consent to suspend Rule 5-4 and refer SCR 1 direct to the Calendar for consideration, which was the order.

GENERAL ORDER

SCR 1 by Boatner was called up for consideration.

Senator Boatner asked unanimous consent that SCR 1 be laid over for this legislative day, which was the order.

SECOND READING

The following were read the second time and referred as indicated;

SB 1 — Judiciary SB 2 — Judiciary SB 3 — Direct to Calendar

MOTION TO ADJOURN

Senator Pierce moved that the 1st Extraordinary Session of the First Regular Session of the 39th Legislature adjourn sine die at

2:30 p.m., September 20, 1983, which motion was declared failed of adoption upon roll call as follows:

Aye: Ford, Green, Leonard, O’Connor, Pierce, Rhodes, Smith and Wright.—8.

Nay: Boatner, Branch, Cain, Capps, Choate, Clifton, Cullison, Dahl, Dawson, Dennis, Giles, Hopkins, Johnson, Kilpatrick, Landis, McDaniel, McIntyre, Miller, Porter, Roberts, Rozell, Schuelein, Shed- rick, Taliaferro, Taylor, Terrill, Watson, York and Young.— 29.

Excused: Cate, Combs, Howell, Keller, Lamb, Luton, McCune, Moore, Randle, Stipe and Winn.— 11.

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Wednesday, September 21, 1983, at 1:00 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 1:30 p.m. to meet Wednesday, September 21, 1983, at 1:00 p.m.

Third Legislative DayWednesday, September 21,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle. Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.— 46.

Excused: McCune and Porter.— 2.


The prayer was offered by Senator Boatner.

UNANIMOUS CONSENT REQUEST — MOTIONS TO RECONSIDER VOTES

Senator Schuelein asked unanimous consent to invoke Rule 12-24A in order that all motions to reconsider votes on bills and resolutions lodged on Wednesday, September

21, 1983 and thereafter be disposed of the same day such notice is served, which was the order.

GENERAL ORDER

SB 3 by York of the Senate and Barker of the House was called up for consideration.

Senators Shedrick and Stipe moved to amend SB 3, Page 3, Line 28, by striking Section 6 and renumbering subsequent sections, which amendment was declared adopted upon roll call as follows:

Aye: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles. Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—46.

Excused: McCune and Porter.—2.


Senators Stipe, Dahl and Lamb moved to amend SB 3, Page 4, Line 9, by striking


Section 7 and substituting therefor the following language: “ All repairs and reconstruction of the Conner Correctional Center at Hominy shall be performed by inmates of the Department of Corrections and shall be supervised by Department of Corrections personnel.”

Senator York moved to table, which tabling motion was declared adopted by the Presiding Officer.

Senator Stipe raised a point of order on the declaration of the adoption of the York motion to table the Stipe amendment in that a roll call vote had been requested by the author of the amendment.

The Chair ruled that after the question has been put, a request for a roll call vote is not in order.

Senator Stipe moved that the vote be reconsidered whereby the York motion to table the Stipe et al amendment was adopted, which motion to reconsider was declared failed of adoption upon roll call as follows:

Aye: Boatner, Branch, Cate, Cullison, Dahl, Dennis, Ford, Green, Hopkins, Howell, Lamb, Miller, Moore, O’Connor, Pierce, Randle, Roberts, Rozell, Stipe and Winn.— 20.

Nay: Cain, Capps, Choate, Clifton, Combs, Giles, Johnson, Keller, Kilpatrick, Landis, Leonard, Luton, McDaniel, McIntyre, Rhodes, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Terrill, Watson, Wright, York and Young.— 25.

Excused: Dawson, ter.—3.

McCune and Por-

Senator Cate moved to amend SB 3, Page 4, Lines 25, 26 and 27 by striking after the word “ into ” on Line 25 the remainder of the sentence, which amendment was declared adopted.

Senator York moved to amend SB 3, Page4, Line 25, by inserting after the word “ into” the following: “ All agencies, boards and commissions of the state are directed to provide available personnel, equipment and supplies upon written request by the Director for use in the repair and reconstruction of the Conner Correctional Center to the extent that any agency director deems that complying with such request will not be a detriment to the operation of the agency, board or commission.” , which amendment was declared adopted.

Senator York moved to amend SB 3, Page5, Line 6, by deleting the word “ contract” and substituting in lieu thereof the word “ contracts” , which amendment was declared adopted.

Senator Cate moved to amend SB 3, Page 5, Line 34, by striking all of subsection “ H” , which amendment was declared adopted.


THIRD READING



Aye: Cain, Capps, Cate, Clifton, Combs, Cullison, Giles, Hopkins, Howell, Johnson, Kilpatrick, Landis, Luton, McDaniel, McIntyre, Miller, Randle, Rhodes, Rozell, Schuelein, Shedrick, Taliaferro, Taylor, Terrill, York and Young.—26.

Nay: Boatner, Branch, Choate, Dahl, Dennis, Ford, Green, Keller, Leonard, Moore, O’Connor, Pierce, Roberts, Smith, Stipe, Watson and Wright.— 17.

Excused: Dawson, Lamb, McCune, Porter and Winn.—5.

Third Legislative Day, Wednesday, September 21, 1983 15

The bill passed.


SB 3 was ordered withheld.

GENERAL ORDER

SCR 1, considered on page 12, was called up for consideration.

S C R l was adopted upon motion of Senator Boatner and referred for engrossment.


Senator Young asked unanimous consent to suspend Rule 5-4 and when SR 1 is read the second time it be referred direct to the Calendar, which was the order.


Senator Pierce moved that the vote be reconsidered whereby SB 3 passed.

Senator York moved to table the Pierce motion to reconsider, which motion to table was declared adopted upon roll call as follows:

Aye: Boatner, Cain, Capps, Cate, Clifton, Combs, Cullison, Dawson, Dennis, Giles, Hopkins, Howell, Johnson, Kilpatrick, Landis, Luton, McDaniel, McIntyre, Miller, Randle, Rozell, Schuelein, Shedrick, Taylor, York and Young.—26.

Nay: Branch, Choate, Dahl, Ford, Green, Leonard, Moore, O’Connor, Pierce, Rhodes, Roberts, Smith, Stipe, Taliaferro, Terrill, Watson and Wright.— 17.

Excused: Keller, Lamb, McCune, Porter and Winn.—5.

BILL RELEASED


DECLARATION OF VOTE

Senator Dawson asked that the record reflect had he been present at the time of Third Reading on SB 3, he would have voted “ Aye” , which was the order.

SECOND READING


SB 4 — JudiciarySR 1 — Direct to Calendar

MESSAGE FROM THE HOUSE /


HB 1006 — By Barker and Thompson.An act relating to the Department of Cor

rections; amending Section 2, Chapter 329, O.S.L. 1982 (74 O.S. Supp. 1983, Section 933); authorizing emergency procedures for the repair, renovation, and constmction of Conner Correctional Center; making certain limitations; providing for reappropriation and redesignation of certain funds; providing for codification; providing for lapse date; and declaring an emergency.


FIRST READING


SR 2 — By Stipe.A resolution expressing legislative intent

that the Department of Corrections use inmate personnel in the preparation and serving of food in correctional institutions; and directing distribution.

16 Senate Journal, First Extraordinary Session o f 39th Legislature.


SB 3 and SCR 1 were each correctly engrossed, properly signed and ordered transmitted to the Honorable House for consideration.

Senator Schuelein moved that when the

clerk’s desk is clear, the Senate stand adjourned to convene Thursday, September 22, 1983, at 1;00 p.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 4:20 p.m. to meet Thursday, September 22, 1983, at 1:00 p.m.

Fourth Legislative DayThursday, September 22,1983


Roll Call:

Present: Branch, Cain, Capps. Choate, Clifton, Combs, Cullison. Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell. Johnson, Keller, Lamb, Landis. Leonard, McCune, McDaniel, McIntyre, Miller, Moore, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Stipe. Taliaferro, Watson, Winn, Wright, York and Young.—38.

Excused: Boatner, Cate, Kilpatrick. Luton, O’Connor, Pierce. Porter, Smith, Taylor and Terrill.— 10.


The prayer was offered by Senator Lamb.


Senator Stipe asked unanimous consent to suspend Rule 5-4 and refer SR 2 direct to the Calendar for consideration on this date, which was the order.

GENERAL ORDER

SR 1 by Young was called up for consideration.

Senator Young moved the adoption of SR 1, which resolution was declared failed of adoption, the roll call thereon being as follows:

Aye: Branch, Choate, Dahl, Dennis, Ford, Green, Hopkins, Johnson. Lamb, Leonard, McCune, McIntyre, Moore, Roberts, Stipe, Winn and Young.— 17.

Nay: Cain, Capps, Clifton, Combs. Cullison, Dawson, Giles, Howell, Keller, Landis, McDaniel, Miller, Randle, Rhodes, Ro- zell. Schuelein, Shedrick, Taliaferro, Watson, Wright and York.—21.

Excused: Boatner, Cate, Kilpatrick, Luton, O’Connor, Pierce, Porter. Smith, Taylor and Terrill.— 10.

GENERAL ORDER


Senator Johnson moved to amend SR 2, Page 1, Line 23, by striking the word

18 Senate Journal, First Extraordinary Session o f 39th Legislature.

"would” and inserting in its place the word “ does” , which amendment was adopted upon the unanimous consent request of Senator Stipe.

Senator Johnson moved to amend SR 2, Page 1, Line 28, by inserting after the word “ use” and before the word “ inmate” the words “ 10% more” .

Senator Stipe moved to table the Johnson amendment to SR 2.

Senator Johnson asked unanimous consent, which was granted, to withdraw his amendment to SR 2.

Senator Johnson moved to amend SR 2, Page 1, Line 30, by deleting after the word “ not’ ’ and before the period all language and inserting the words: “ fill any present vacancies for food service employees.”

Senator Stipe moved to table the Johnson amendment to SR 2, which motion was declared adopted upon roll call as follows:

Aye: Branch, Combs, Cullison, Dahl, Dawson, Dennis, Giles, Green, Hopkins, Landis, McDaniel, McIntyre, Miller, Randle, Roberts, Rozell, Shedrick, Stipe, and Young.— 19.

Nay: Cain, Capps, Choate, Clifton, Ford, Howell, Johnson, Lamb, Leonard, McCune, Moore, Rhodes, Schuelein, Taliaferro, Watson, Wright and York.— 17.

Excused: Boatner, Cate, Keller, Kilpatrick, Luton, O’Connor, Pierce, Porter, Smith, Taylor, Terrill and Winn.— 12.

Senator Dawson moved to amend SR 2, Page 1, by deleting all language and substituting the following: “ The Oklahoma State

Senate does hereby direct the Department of Corrections not to have food catered to prisoners, unless circumstances fully warrant the same as opposed to preparation and service of food by inmates.” , which amendment was withdrawn upon request of Senator Dawson.

Senator Stipe moved the adoption of SR 2, which resolution was declared adopted upon roll call as follows:

Aye: Branch, Capps, Combs, Cullison, Dahl, Dennis, Giles, Hopkins, Landis, Leonard, McDaniel, McIntyre, Miller, Randle, Roberts, Rozell, Shedrick, Stipe and Young.— 19.

Nay: Cain, Clifton, Ford, Green, Johnson, McCune, Moore, Rhodes, Schuelein, Taliaferro, Watson and Wright.— 12.

Excused: Boatner, Cate, Choate, Dawson, Howell, Keller, Kilpatrick, Lamb, Luton, O’Connor, Pierce, Porter, Smith, Taylor, Terrill, Winn and York.— 17.


SECOND READING

The following was read the second time and referred as indicated:

HB 1006 — Direct to Calendar

Senator Schuelein moved that when the clerk’s desk is clear, the Senate stand adjourned to convene Friday, September 23, 1983, at 10:00 a.m., which motion prevailed.

Upon motion of Senator Schuelein, the Senate adjourned at 3:05 p.m. to meet Friday, September 23, 1983, at 10:00 a.m.

Fifth Legislative DayFriday, September 23,1983


Roll Call:

Present: Boatner, Branch, Cain, Capps, Cate, Choate, Clifton, Combs, Cullison, Dahl, Dawson, Dennis, Ford, Giles, Green, Hopkins, Howell, Johnson, Keller, Kilpatrick, Lamb, Landis, Leonard, Luton, McCune, McDaniel, McIntyre, Miller, Moore, O’Connor, Pierce, Randle, Rhodes, Roberts, Rozell, Schuelein, Shedrick, Smith, Stipe, Taliaferro, Taylor, Terrill, Watson, Winn, Wright, York and Young.—47.



The prayer was offered by Senator Johnson.

REPORT OF ENGROSSED AND ENROLLED BILL

SR 2 was correctly enrolled, properlysigned and ordered transmitted to the Secretary o f State.


Advising adoption of and returning Engrossed SCR 1, coauthored by Brewster (principal House author).


Senator Schuelein moved that the Senate stand recessed until the hour of 1:00 p.m., which motion prevailed.

The Senate reassembled in its Chamber with Senator Cullison presiding. Senator Schuelein questioned a quorum. The Presiding Officer ordered the roll called, following which a quorum was declared present.



SB 3

20 Senate Journal




HAs to SB 3 were concurred in upon motion of Senator York.


Senator Schuelein moved to limit debate on Fourth Reading and Final Passage of SB 3 and the Emergency to thirty minutes per side, which motion was declared adopted.

FOURTH READING



Aye: Cain, Capps, Cate, Choate, Clifton, Cullison, Dahl, Dawson, Ford, Giles, Green, Howell, Johnson, Kilpatrick, Landis, Leonard, McDaniel, Miller, Moore, Pierce, Randle, Rhodes, Rozell, Schuelein, Shedrick, Smith, Taliaferro, Taylor, Watson, Wright, York and Young.— 32.

Nay: Boatner, Branch, Combs, Dennis, Hopkins, Luton, McCune, McIntyre, Roberts, Stipe and Terrill.— 11.

Excused: Keller, Lamb, O’Connor, Porter and Winn.—5.



FIRST READING


SCR 2 — By Stipe.A concurrent resolution relating to public

retirement systems; expressing legislative intent that contracts for investment counselors be competitively bid; and directing distribution.


Advising the signing of and returning Enrolled SCR I.







Senator Schuelein moved that when the clerk’s desk is clear, the Senate of the First Extraordinary Session of the Thirty-ninth Legislature adjourn sine die, which motion was declared adopted.

The Clerk announced his desk was clear, whereupon, as provided under the Schuelein motion, the Senate of the First Extraordinary Session of the Thirty-ninth Legislature, at the hour of 4:30 p.m. adjourned sine die.

INDEX

Bill Index 23

INDEX OF BILLS AND RESOLUTIONS

SENATE BILLS

SB 1 — By Roberts of the Senate and Kelly of the House

Prisons and reformatories; exempting certain persons in county jails and correctional institutions from Workers’ Compensation Act; granting immunity from liability for the State and counties for injury or damage to persons confined in county jail or correctional institutions. Emergency.1 St Reading................................................ 32nd Reading............................................... 12

SB 2 — By Lamb of the Senate and Rei- mer of the House

Criminal procedure; bond schedules; increasing certain bond amounts. Emergency.1 St Reading................................................ 42nd Reading............................................... 12

SB 3 — By York of the Senate and Barker of the House

Department of Corrections; reappropriation for reconstructing and repairing the Conner Correctional Center at Hominy.1 St Reading................................................ 42nd Reading, direct to Calendar..............12G.O., considered; passed .................13; 14Engrossed, to House................................. 16HAs read.....................................................19HAs adopted, passed............................... 20Enrolled, to House....................................20

To Governor..............................................20Approved September 25, 1983

SB 4 — By RandleCriminal procedure; restitution for de

struction of public property by prisoners in addition to existing penalties; restitution obligation to remain after release from custody. Emergency.1 St Reading............................................... 112nd Reading..............................................15

SENATE CONCURRENT RESOLUTIONS

SCR 1 — By Boatner Legislative intent that certain members of

the Oklahoma Law Enforcement Retirement System be eligible for retirement.1 st Reading................................................ 112nd Reading, direct to Calendar..............12G.O., adopted.................................... 12; 15Engrossed, to House................................. 16Enrolled, to House................................... 20Filed with Secretary of State................. 20

SCR 2 — By StipePublic retirement systems; legislative in

tent that contracts for investment counselors be competitively bid.1st Reading............................................... 20

24 Bill Index

SENATE RESOLUTIONS

SR 1 — By YoungRequesting Governor to expand special

session order to include consideration of appropriations to Department of Transportation to match federal funds.1st Reading........................................ ...... 112nd Reading, direct to Calendar.............15G.O., failed............................................... 17

SR 2 — By StipeLegislative intent that Department of Cor

rections use inmate personnel in the preparation and serving of food in correctional institutions.

1st Reading................................................ 152nd Reading, direct to Calendar............ 17G.O., adopted............................................ 18Enrolled, filed with Secretary of

State....................................................... 19

HOUSE BILLS

HB 1006 — By Barker and Thompson of the House

Authorizing emergency procedures for the repair, renovation and construction of Conner Correctional Center; reappropriation and redesignation of funds. Emergency.1st Reading................................................ 152nd Reading, direct to Calendar............ 18

General and Personal Index 25

GENERAL AND PERSONAL INDEX

BBARKER, Mrs. Kay, introduced, p. 5

BERNARD, Mrs. Vivian, introduced, p. 5

BERNARD, SPENCER see Lieutenant Governor Spencer Bernard

BOATNER, SENATOR ROYDistrict 6, Democrat Author: SCR 1Mileage allowance, p. 2

BRANCH, SENATOR BILLDistrict 15, Democrat Mileage allowance, p. 2

CAIN, SENATOR BERNESTDistrict 46, Democrat Escort Governor, p. 5 Mileage allowance, p. 2

CAPPS, SENATOR GILMER N.District 26, Democrat Mileage allowance, p. 2

C A T E , S E N A T O R L E EDistrict 16, Dem ocratM ileage allow ance, p. 2

CHOATE, SENATOR RALPH J, BUTCH

District 22, Republican Mileage allowance, p. 2

CLIFTON, SENATOR JOHN L.District 17, Democrat Escort Governor, p. 5 Mileage allowance, p. 2

COMBS, SENATOR MIKEDistrict 40, Democrat Mileage allowance, p. 2

COMMITTEETo escort Governor Nigh to Joint Session,

p. 5

CULLISON, SENATOR ROBERT V.District 34, Democrat Mileage allowance, p. 2

DAHL, SENATOR JOHN L.District 10, Democrat Mileage allowance, p. 3

DAWSON, SENATOR BILLDistrict 50, Democrat Declaration of vote, p. 15 Mileage allowance, p. 3

DECLARATION OF VOTESenator Dawson — SB 3, p. 15

26 General and Personal Index

DENNIS, SENATOR GERALD C.District 5, Democrat Mileage allowance, p. 3

EXECUTIVE ORDER, p. 1

FORD, SENATOR CHARLES R.District 51, Republican Mileage allowance, p. 3

GILES, SENATOR RAY A.District 23, Democrat Mileage allowance, p. 3

GOVERNOR GEORGE NIGHAddressed Joint Session, p. 5 Executive order, p. 1

GREEN, SENATOR WARREN E.District 35, Republican Mileage allowance, p. 3

HHOPKINS, SENATOR ROBERT E.District 37, Democrat Mileage allowance, p. 3

HOWELL, SENATOR JAMES F.District 42, Democrat Mileage allowance, p. 3

JOHNSON, SENATOR JOEDistrict 4, Democrat Mileage allowance, p. 3

JOINT SESSION, p. 4

KKELLER, SENATOR E.W,District 52, Republican Mileage allowance, p. 3

KILPATRICK, SENATOR DONDistrict 43, Democrat Mileage allowance, p. 3

LAMB, SENATOR NORMAN A.District 19, Republican Author: SB 2Mileage allowance, p. 3

LANDIS, SENATOR KENNETH K.District 24, Democrat Mileage allowance, p. 3

LEONARD, SENATOR TIMDistrict 49, Republican Mileage allowance, p. 3

LIEUTENANT GOVERNOR SPENCER BERNARD

Presided in Joint Session, p. 4 Presided in Senate, p. 1

LUTON, SENATOR JOHN D.District 9, Democrat Mileage allowance, p. 3

MMcCUNE, SENATOR JOHN R.District 47, Republican Mileage allowance, p. 3

McDa n ie l , s e n a t o r ja m e s w .District 13, Democrat Escort Governor, p. 5 Mileage allowance, p. 3

McIn t y r e , s e n a t o r Be r n a r d j .District 11, Democrat Mileage allowance, p. 3

MILEAGE ALLOWANCE for members of the Senate, p. 2

M IL L E R , S E N A T O R R O B E R T L .District 8 , Dem ocratM ileage allow ance, p. 3

General and Personal Index 27

MOORE, SENATOR EDDistrict 45, Republican Mileage allowance, p. 3

MURRIETA, Neco, introduced, p. 5

NNIGH, GEORGE see GOVERNOR

GEORGE NIGH

NIGH, Mrs. Donna, introduced, p. 5

O ’CONNOR, SENATOR WILLIAM P.District 20, Republican Mileage allowance, p. 3

PIERCE, SENATOR JERRY T.District 29, Republican Mileage allowance, p. 3

PORTER, SENATOR E. MELVINDistrict 48, Democrat Mileage allowance, p. 3

RANDLE, SENATOR RODGER A.District 33, Democrat Author: SB 4Mileage allowance, p. 3

RHODES, SENATOR FRANKDistrict 36, Republican Mileage allowance, p. 3

ROBERTS, SENATOR DARRYL F.District 14, Democrat Author: SB 1 Mileage allowance, p. 3

ROZELL, SENATOR HERBERTDistrict 3, Democrat Mileage allowance, p. 3

RULESAdopted, p. 2Rule 12-24A invoked, p. 13

SCHUELEIN, SENATOR WILLIAM M.

District 1, Democrat Mileage allowance, p. 3

SHEDRICK, SENATOR BERNICEDistrict 21, Democrat Mileage allowance, p. 3

SMITH, SENATOR JERRY L.District 39, Republican Mileage allowance, p. 3

STIPE, SENATOR GENE District 7, Democrat Author: SCR 2; SR 2Mileage allowance, p. 3

TALIAFERRO, SENATOR PAULDistrict 31, Democrat Mileage allowance, p. 3

TAYLOR, SENATOR STRATTONDistrict 2, Democrat Mileage allowance, p. 3

TERRILL, SENATOR Al^^District 32, Democrat Mileage allowance, p. 3

wWATSON, SENATOR PHILDistrict 41, Republican Mileage allowance, p. 3

WINN, SENATOR WAYNEDistrict 38, Democrat Mileage allowance, p. 3

W R IG H T , S E N A T O R G E R A L D G E DDistrict 5 4 , RepublicanM ileage allow ance, p. 3

f28 General and Personal Index

YORK, SENATOR MARVINDistrict 44, Democrat Author: SB 3Mileage allowance, p. 3

YOUNG, SENATOR JOHN W.District 12, Democrat Author: SR 1Mileage allowance, p. 3

Subject Index 29

SUBJECT INDEX TO BILLS AND RESOLUTIONS

SUBJECT INDEX CODESsmad — subject matter added (where code follows) smde — subject matter deleted (where code follows)

APPROPRIATIONSCorrections, Department of, for Conner Correctional Center, reappropriation. SB 3;

HB 1006

B

BAILInereasing certain. SB 2 J

CORRECTIONS, DEPARTMENT OFPrisons and reformatories:

Fireproof materials to be used in renovation and repair of Conner Correctional Center. SB 3 (smad); HB 1006 (smad)

Law library at Conner Correetional Center, not allowing rebuilding. SB 3 (smad);HB 1006 (smad)

Prisoners:Food, preparation and serving, inmates to be used. SR 2Repair and construction at Conner Correctional Center, to be used. SB 3; HB 1006 Restitution, monetary, for damaging or destroying publie buildings or property,

allowing. SB 4Workers’ eompensation, persons eonfined not to be covered. SB 1

Reappropriations for Conner Correetional Center. SB 3; HB 1006

30 Subject Index

GOVERNORExecutive Order, requesting to expand to include appropriations for Department of

Transportation to match federal funds. SR 1

I

INVESTMENT COUNSELORS (see RETIREMENT SYSTEMS)

J

JAILSWorkers’ compensation, persons confined not to be covered. SB 1

LAW LIBRARY (see CORRECTIONS, DEPARTMENT OF, Prisons and Reformatories)

LEGISLATIVE INTENTInmate personnel to be used in preparation and serving of food in correctional

institutions. SR 2Law Enforcement Retirement System, concerning retirement with ten or more years

service. SCR 1

PRISONS AND REFORMATORIES (see CORRECTIONS, DEPARTMENT OF)

PUBLIC AFFAIRS, OFFICE OFConner Correctional Center, to be general contractor for construction and repair. SB 3;

HB 1006Central purchasing bids, modifying procedures temporarily. SB 3; HB 1006 Noncollusion affidavit allowing delay in filing, (smde) SB 3

PUBLIC BUILDINGS OR PUBLIC WORKSPrevailing wage, suspending for repair and construction at Conner Correctional Center.

SB 3 (smad); HB 1006 (smad)Prisoners to make monetary restitution for damaging or destroying, allowing. SB 4

PUBLIC SAFETY, DEPARTMENT OFRetirement (see RETIREMENT SYSTEMS)

Subject Index 31

RETIREMENT SYSTEMSInvestment counselors, Boards to utilize competitive bids to retain. SCR 2 Law Enforcement Retirement System, Oklahoma, legislative intent concerning retirement

with ten or more years service. SCR 1Pension Systems Reserve Fund, allowing usage by Legislature for other purposes if all of

direct appropriation not needed. HB 1006

STATE GOVERNMENTEmployees to be used in repair and construction of Conner Correctional Center,

(with exception, smad); HB 1006SB 3

TRANSPORTATION, DEPARTMENT OFExecutive Order, requesting Governor to expand to include appropriation for matching

federal funds. SR 1

wWAGESSuspending prevailing wage for repair and construction at Conner Correctional Center.

SB 3 (smad); HB 1006 (smad)

WORKERS’ COMPENSATIONPrisoners in county jails or correctional institutions not to be eovered. SB 1

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Senate Journal Jan 01, 1983

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