Magna Carta News
Thursday, March 31, 2005
Summary of House Activity from March 24 to March 30
FOR IMMEDIATE RELEASE:
Contact: Ray Carter, House Media
Capitol: (405) 557-7421
Summary of House Activity from March 24 to March 30
House Continues Work on Senate Bills
OKLAHOMA CITY (March 30) - Lawmakers in the Oklahoma House of
Representatives continued committee work on Senate bills this week.
Roughly 300 state Senate bills were sent to the House and could
face a vote over a five-week period of committee work, which is now 40
percent complete.
The deadline for Senate bills to receive a hearing in a House
committee is April 21. Senate bills must receive a vote from the full
House by April 28.
Lottery Funding Approved
The Oklahoma House of Representatives voted Wednesday to provide
a $500,000 loan to the newly created state Lottery Commission to pay the
start-up costs of launching the Oklahoma lottery.
Senate Bill 228, by Sen. Mike Morgan, D-Stillwater, and Rep.
Chris Benge, R-Tulsa, provides $500,000 in supplement appropriations to
the lottery commission.
However, several lawmakers said the loan violated state law.
Rep. John Wright, R-Broken Arrow, said the bill set a dangerous
precedent because it co-mingles lottery funds with other government
funds even though the state question creating the lottery promised the
two would be kept separate.
"The lottery proceeds are to be held separate from the state
revenues," he said. "We are establishing a precedent whereby we say that
under some circumstances it is okay to move funds from the state's
general accounts - the Special Cash Account - into the lottery. And I am
concerned about this precedent."
He noted state law says "under no circumstances shall the
general funds of the state be used to satisfy any obligation of the
(Lottery) Commission."
"It's just as plain as you can make it," Wright said. "You
actually have to trip over this and intentionally try to misread it to
miss the plainness of what's intended with this language."
He noted that state law allows the Lottery Commission to obtain
$10 million in bond debt to pay the start-up costs of the lottery and to
later repay that debt with money generated by the lottery.
Even if the commission is given a $500,000 appropriation, he
predicted the board would still borrow another $10 million.
"I'm asking that we do this in the correct way," Wright said.
"And the correct way is to follow the statutes."
Rep. Mike Reynolds, R-Oklahoma City, also questioned the
soundness of the bill, saying it created a bizarre contract where the
State of Oklahoma loans itself money and promises to pay it back.
"It's a new concept and doesn't make a lot of sense to me," he
said.
Rep. Chris Benge, a Tulsa Republican who chairs of the House
Appropriations and Budget Committee, defended Senate Bill 228, although
he restated his opposition to the lottery.
"I'm in no way a gambling supporter," Benge said. "When the
speaker appointed me as appropriations chair, I don't think I ever
envisioned that I would be standing up here and trying to promote
something that even helps the lottery. It makes me feel very
uncomfortable actually and I'm probably going to have to hold my nose to
vote for this as it is."
However, he said lawmakers have little choice on the issue.
"As a practical matter, we have a responsibility and I have a
responsibility to ensure that government operates, whatever that may
be," Benge said. "We have many functions in government and right now the
Lottery Commission is a function of government. No matter how I feel
about it, it is a function of government."
The lottery was created through voter approval last November.
Benge noted that $65 million in lottery revenue has already been
included in the Board of Equalization's certification figures that are
used to write state budgets. If the lottery is delayed because of a lack
of startup funding, he said those estimates will be wrong and could
leave state budgets out of whack and in shortfall by 2006.
"I certainly don't want to take a chance on that happening,"
Benge said. "I tend to think that the estimate that we have may even be
a little generous anyway. I'm not convinced we're even going to bring in
$65 million in lottery proceeds."
He noted the bill would require the commission to repay the
$500,000 appropriated.
Senate Bill 228 passed the Oklahoma House of Representatives on
a 65-31 vote.
Legislation to Identify Child Porn Clears House
A bill that would make it easier to prosecute individuals possessing
child pornography is now headed to the governor's desk to be signed into
law.
Senate Bill 513, by Sen. Cliff Branan, R-Oklahoma City, and Rep. Ken
Miller, R-Edmond, would require a commercial computer technician to
notify law enforcement officials if images of child pornography are
discovered on a customer's computer.
Under current law, film developers are required to report any child
pornography they discover in the course of their work but the same
mandate has not been applied to computer technicians.
The bill received unanimous support in the Oklahoma Senate and passed
the Oklahoma House of Representatives on a 96-0 vote this week.
Pump Pirates to Face Larger Fines
A bill increasing the fine for stealing gasoline has passed out of the
Oklahoma House of Representatives on a 96-0 vote and is headed to the
governor to be signed into law.
Senate Bill 644, by Sen. Jim Reynolds, R-Oklahoma City, and Rep. Paul
Roan, D-Tishomingo, would increase the fine for fuel theft from $100 to
$500.
Out of 33,437 larcenies in Oklahoma City last year, Roan said police
records show 42 percent (or more than 14,000 incidents) involved
stealing gasoline, yet only 48 cases were prosecuted in the Oklahoma
City area.
The financial cost of pump piracy to taxpayers, including the value of
the stolen fuel and the expense of investigating the thefts, came to
roughly $200,000.
Alcohol Inhalers Banned
The Oklahoma House of Representatives voted this week to ban a
potentially deadly new way of downing alcohol.
Senate Bill 663, by Sen. Jonathan Nichols and Rep. Thad Balkman, both
R-Norman, would forbid anyone to sell, buy, furnish, manufacture or
possess an alcohol inhalation device.
The device is a fad that's been seen in bars and clubs in other parts of
the nation. The inhalation devices put alcohol into a person's system so
fast that alcohol poisoning is a strong possibility with each breath.
Under the bill's provisions, individuals or businesses with an alcohol
inhalation device could face a fine of up to $50,000 and permanent
revocation of a license to sell alcohol.
Tax Cut Bill Gets Committee Approval
Legislation that would enact five major tax breaks has cleared the House
Revenue and Taxation Committee and awaits a vote from the full House.
Senate Bill 958, by State Rep. James Covey, D-Custer City, provides for
a three-day sales tax holiday every August, cuts capital gains taxes on
Oklahoma properties, increases Oklahoma's standard deduction to match
the federal deduction, excludes up to $10,000 in retirement income from
taxation, and modifies the Oklahoma Quality Jobs Act to provide benefits
to companies that bring an ancillary business to the state or use raw
products in Oklahoma.
When all provisions of the bill are combined, the measure could
save Oklahomans more than $250 million annually.
The three-day sales tax holiday would remove all sales tax on
clothing and footwear selling for less than $100 and is expected to save
Oklahomans more than $4 million per year.
The capital gains tax cut is expected to provide more than $10
million in annual tax savings.
By raising the standard income tax exemption for retirees from
$7,500 to $10,000, Oklahoma's senior citizens would receive more than
$12 million in annual savings.
The changes in the Quality Jobs Act are expected to provide $10
million in incentives to companies.
Perhaps the biggest savings will come from raising Oklahoma's
standard income tax deduction. Currently, the state deduction is $1,000
for individuals and $2,000 for a married couple filing jointly. Senate
Bill 958 would raise Oklahoma's deduction to match the federal
deduction, which in 2004 was $4,850 for individuals and $9,700 for
couples.
Oklahoma's standard deduction has not been adjusted since 1971.
By raising the standard deduction over a four-year period, Senate Bill
958 would eventually save all Oklahoman taxpayers more than $180 million
combined each year.
Lawbreaking Legislators Could Lose Pay
Legislation that would prevent elected officials from receiving
taxpayer-funded paychecks while incarcerated has advanced.
Senate Joint Resolution 5, by State Sen. Jay Paul Gumm,
D-Durant, and State Rep. Trebor Worthen, R-Oklahoma City, would give
voters the chance to amend the Oklahoma Constitution to prevent
legislators convicted of a crime from receiving a state paycheck.
Senate Joint Resolution 5 declares that "any member of the
Legislature who is incarcerated for any period of time during his or her
term of office shall not receive any compensation from the state or be
eligible to participate in any compensation programs" funded with state
tax revenue while that individual is in jail.
Supporters say a constitutional amendment is necessary since
legislators cannot change legislative pay. Only the Legislative
Compensation Board, a constitutional body, has the authority to change
lawmakers' pay and only Oklahoma voters can change the constitutional
law that directs the board.
The proposed constitutional amendment would also prevent
incarcerated lawmakers from participating in state retirement programs.
Under the provisions of the amendment, if an elected official
were acquitted or if charges were dismissed, the lawmaker's compensation
would be restored.
If Senate Joint Resolution 5 is approved by lawmakers, the proposed
constitutional amendment would go before the voters during the November
2006 general election.
Auto Insurance Legislation Advances
A state lawmaker working to implement computer tracking of auto
insurance coverage saw a companion bill receive committee approval this
week.
Senate Bill 611, by State Sen. James Williamson and State Rep.
John Wright, would require drivers to post an insurance verification
decal on their license tags that indicates the dates of coverage.
The bill easily passed out of the House Public Safety and Homeland
Security Committee and now awaits action on the floor of the Oklahoma
House of Representatives.
Wright, R-Broken Arrow, said Senate Bill 611 will serve as a
companion to another bill he filed to improve enforcement of the state's
auto insurance laws.
House Bill 1351 would require insurance policies to include the
vehicle identification number of the vehicle or vehicles covered by a
policy for use in a state database.
The database would allow law enforcement officials to instantly check a
vehicle's insurance status every time a car is pulled over.
House Bill 1351 passed the House by a vote of 74-26 and now
awaits action in the Oklahoma Senate.
Supporters note a similar law has been in place in Utah since 1995,
which caused the rate of uninsured motorists to fall from 23 percent to
9 percent in that state.
Some officials believe insured drivers may account for nearly 30
percent of vehicles on Oklahoma roads.
School Personnel to Receive CPR, Heimlich Maneuver Training
The testimony of a mother whose nine-year-old daughter choked to
death at school caused lawmakers to approve legislation requiring
teachers to learn the Heimlich Maneuver.
Senate Bill 618, by State Rep. Ben Sherrer, D-Pryor Creek, would
require Oklahoma schools to "ensure" that at least one teacher and one
staff member receive training "in cardiopulmonary resuscitation each
year" as well as the Heimlich Maneuver.
The bill initially endorsed only CPR training, but the measure was
amended by State Rep. Daniel Sullivan, R-Tulsa, to include the Heimlich
Maneuver.
The potential life-and-death impact of Sullivan's amendment was
vividly illustrated by Cressa Steed, a Del City mother who testified
before the House Common Education Committee.
Steed told members how her daughter, nine-year old Lindsay,
"needlessly choked to death at Epperly Heights Grade School in Del City
while having breakfast in the cafeteria."
She urged lawmakers to support passage of Senate Bill 618 so
that "no other mother will have to experience the pain of losing a
child."
It its original form, Senate Bill 618 would have created the
Dustin Rhodes CPR Training Act, but lawmakers voted to amend the bill to
name the act after both Rhodes and Lindsay Steed.
In addition, the legislation was amended to apply to all
teachers in public and private schools and to mandate training in both
CPR and the Heimlich Maneuver.
Senate Bill 618 easily passed out of the House Common Education
Committee. The bill will now proceed to the floor of the Oklahoma House
of Representatives.
House Honors War Hero
The Oklahoma House of Representatives unanimously passed a resolution
honoring an Oklahoman and Medal of Honor Recipient who passed away last
week.
House Resolution 1014, presented by Rep. Ron Peterson, R-Broken
Arrow, pays respect to Ernest Childers, a Native American who served as
a member of the National Guard's revered 45th "Thunderbird" Division
during World War II.
Childers died last Thursday in Muskogee at the age of 87.
Born and raised in Broken Arrow, Childers enlisted in the 45th Division,
Company C, 180th Infantry, and saw action in the European Theater during
the war.
According to the resolution, while on duty in Italy on Sept. 22, 1943,
Childers "almost single handedly eliminated two German machine gun
emplacements and captured an enemy mortar observer, thus saving his men
and exhibiting bravery and courage above and beyond the call of duty."
Childers was awarded the Congressional Medal of Honor for his actions.
Before entering the Armed Forces, Childers attended the Chilocco Indian
School at Chilocco.
-30-
FOR IMMEDIATE RELEASE:
Contact: Ray Carter, House Media
Capitol: (405) 557-7421
Summary of House Activity from March 24 to March 30
House Continues Work on Senate Bills
OKLAHOMA CITY (March 30) - Lawmakers in the Oklahoma House of
Representatives continued committee work on Senate bills this week.
Roughly 300 state Senate bills were sent to the House and could
face a vote over a five-week period of committee work, which is now 40
percent complete.
The deadline for Senate bills to receive a hearing in a House
committee is April 21. Senate bills must receive a vote from the full
House by April 28.
Lottery Funding Approved
The Oklahoma House of Representatives voted Wednesday to provide
a $500,000 loan to the newly created state Lottery Commission to pay the
start-up costs of launching the Oklahoma lottery.
Senate Bill 228, by Sen. Mike Morgan, D-Stillwater, and Rep.
Chris Benge, R-Tulsa, provides $500,000 in supplement appropriations to
the lottery commission.
However, several lawmakers said the loan violated state law.
Rep. John Wright, R-Broken Arrow, said the bill set a dangerous
precedent because it co-mingles lottery funds with other government
funds even though the state question creating the lottery promised the
two would be kept separate.
"The lottery proceeds are to be held separate from the state
revenues," he said. "We are establishing a precedent whereby we say that
under some circumstances it is okay to move funds from the state's
general accounts - the Special Cash Account - into the lottery. And I am
concerned about this precedent."
He noted state law says "under no circumstances shall the
general funds of the state be used to satisfy any obligation of the
(Lottery) Commission."
"It's just as plain as you can make it," Wright said. "You
actually have to trip over this and intentionally try to misread it to
miss the plainness of what's intended with this language."
He noted that state law allows the Lottery Commission to obtain
$10 million in bond debt to pay the start-up costs of the lottery and to
later repay that debt with money generated by the lottery.
Even if the commission is given a $500,000 appropriation, he
predicted the board would still borrow another $10 million.
"I'm asking that we do this in the correct way," Wright said.
"And the correct way is to follow the statutes."
Rep. Mike Reynolds, R-Oklahoma City, also questioned the
soundness of the bill, saying it created a bizarre contract where the
State of Oklahoma loans itself money and promises to pay it back.
"It's a new concept and doesn't make a lot of sense to me," he
said.
Rep. Chris Benge, a Tulsa Republican who chairs of the House
Appropriations and Budget Committee, defended Senate Bill 228, although
he restated his opposition to the lottery.
"I'm in no way a gambling supporter," Benge said. "When the
speaker appointed me as appropriations chair, I don't think I ever
envisioned that I would be standing up here and trying to promote
something that even helps the lottery. It makes me feel very
uncomfortable actually and I'm probably going to have to hold my nose to
vote for this as it is."
However, he said lawmakers have little choice on the issue.
"As a practical matter, we have a responsibility and I have a
responsibility to ensure that government operates, whatever that may
be," Benge said. "We have many functions in government and right now the
Lottery Commission is a function of government. No matter how I feel
about it, it is a function of government."
The lottery was created through voter approval last November.
Benge noted that $65 million in lottery revenue has already been
included in the Board of Equalization's certification figures that are
used to write state budgets. If the lottery is delayed because of a lack
of startup funding, he said those estimates will be wrong and could
leave state budgets out of whack and in shortfall by 2006.
"I certainly don't want to take a chance on that happening,"
Benge said. "I tend to think that the estimate that we have may even be
a little generous anyway. I'm not convinced we're even going to bring in
$65 million in lottery proceeds."
He noted the bill would require the commission to repay the
$500,000 appropriated.
Senate Bill 228 passed the Oklahoma House of Representatives on
a 65-31 vote.
Legislation to Identify Child Porn Clears House
A bill that would make it easier to prosecute individuals possessing
child pornography is now headed to the governor's desk to be signed into
law.
Senate Bill 513, by Sen. Cliff Branan, R-Oklahoma City, and Rep. Ken
Miller, R-Edmond, would require a commercial computer technician to
notify law enforcement officials if images of child pornography are
discovered on a customer's computer.
Under current law, film developers are required to report any child
pornography they discover in the course of their work but the same
mandate has not been applied to computer technicians.
The bill received unanimous support in the Oklahoma Senate and passed
the Oklahoma House of Representatives on a 96-0 vote this week.
Pump Pirates to Face Larger Fines
A bill increasing the fine for stealing gasoline has passed out of the
Oklahoma House of Representatives on a 96-0 vote and is headed to the
governor to be signed into law.
Senate Bill 644, by Sen. Jim Reynolds, R-Oklahoma City, and Rep. Paul
Roan, D-Tishomingo, would increase the fine for fuel theft from $100 to
$500.
Out of 33,437 larcenies in Oklahoma City last year, Roan said police
records show 42 percent (or more than 14,000 incidents) involved
stealing gasoline, yet only 48 cases were prosecuted in the Oklahoma
City area.
The financial cost of pump piracy to taxpayers, including the value of
the stolen fuel and the expense of investigating the thefts, came to
roughly $200,000.
Alcohol Inhalers Banned
The Oklahoma House of Representatives voted this week to ban a
potentially deadly new way of downing alcohol.
Senate Bill 663, by Sen. Jonathan Nichols and Rep. Thad Balkman, both
R-Norman, would forbid anyone to sell, buy, furnish, manufacture or
possess an alcohol inhalation device.
The device is a fad that's been seen in bars and clubs in other parts of
the nation. The inhalation devices put alcohol into a person's system so
fast that alcohol poisoning is a strong possibility with each breath.
Under the bill's provisions, individuals or businesses with an alcohol
inhalation device could face a fine of up to $50,000 and permanent
revocation of a license to sell alcohol.
Tax Cut Bill Gets Committee Approval
Legislation that would enact five major tax breaks has cleared the House
Revenue and Taxation Committee and awaits a vote from the full House.
Senate Bill 958, by State Rep. James Covey, D-Custer City, provides for
a three-day sales tax holiday every August, cuts capital gains taxes on
Oklahoma properties, increases Oklahoma's standard deduction to match
the federal deduction, excludes up to $10,000 in retirement income from
taxation, and modifies the Oklahoma Quality Jobs Act to provide benefits
to companies that bring an ancillary business to the state or use raw
products in Oklahoma.
When all provisions of the bill are combined, the measure could
save Oklahomans more than $250 million annually.
The three-day sales tax holiday would remove all sales tax on
clothing and footwear selling for less than $100 and is expected to save
Oklahomans more than $4 million per year.
The capital gains tax cut is expected to provide more than $10
million in annual tax savings.
By raising the standard income tax exemption for retirees from
$7,500 to $10,000, Oklahoma's senior citizens would receive more than
$12 million in annual savings.
The changes in the Quality Jobs Act are expected to provide $10
million in incentives to companies.
Perhaps the biggest savings will come from raising Oklahoma's
standard income tax deduction. Currently, the state deduction is $1,000
for individuals and $2,000 for a married couple filing jointly. Senate
Bill 958 would raise Oklahoma's deduction to match the federal
deduction, which in 2004 was $4,850 for individuals and $9,700 for
couples.
Oklahoma's standard deduction has not been adjusted since 1971.
By raising the standard deduction over a four-year period, Senate Bill
958 would eventually save all Oklahoman taxpayers more than $180 million
combined each year.
Lawbreaking Legislators Could Lose Pay
Legislation that would prevent elected officials from receiving
taxpayer-funded paychecks while incarcerated has advanced.
Senate Joint Resolution 5, by State Sen. Jay Paul Gumm,
D-Durant, and State Rep. Trebor Worthen, R-Oklahoma City, would give
voters the chance to amend the Oklahoma Constitution to prevent
legislators convicted of a crime from receiving a state paycheck.
Senate Joint Resolution 5 declares that "any member of the
Legislature who is incarcerated for any period of time during his or her
term of office shall not receive any compensation from the state or be
eligible to participate in any compensation programs" funded with state
tax revenue while that individual is in jail.
Supporters say a constitutional amendment is necessary since
legislators cannot change legislative pay. Only the Legislative
Compensation Board, a constitutional body, has the authority to change
lawmakers' pay and only Oklahoma voters can change the constitutional
law that directs the board.
The proposed constitutional amendment would also prevent
incarcerated lawmakers from participating in state retirement programs.
Under the provisions of the amendment, if an elected official
were acquitted or if charges were dismissed, the lawmaker's compensation
would be restored.
If Senate Joint Resolution 5 is approved by lawmakers, the proposed
constitutional amendment would go before the voters during the November
2006 general election.
Auto Insurance Legislation Advances
A state lawmaker working to implement computer tracking of auto
insurance coverage saw a companion bill receive committee approval this
week.
Senate Bill 611, by State Sen. James Williamson and State Rep.
John Wright, would require drivers to post an insurance verification
decal on their license tags that indicates the dates of coverage.
The bill easily passed out of the House Public Safety and Homeland
Security Committee and now awaits action on the floor of the Oklahoma
House of Representatives.
Wright, R-Broken Arrow, said Senate Bill 611 will serve as a
companion to another bill he filed to improve enforcement of the state's
auto insurance laws.
House Bill 1351 would require insurance policies to include the
vehicle identification number of the vehicle or vehicles covered by a
policy for use in a state database.
The database would allow law enforcement officials to instantly check a
vehicle's insurance status every time a car is pulled over.
House Bill 1351 passed the House by a vote of 74-26 and now
awaits action in the Oklahoma Senate.
Supporters note a similar law has been in place in Utah since 1995,
which caused the rate of uninsured motorists to fall from 23 percent to
9 percent in that state.
Some officials believe insured drivers may account for nearly 30
percent of vehicles on Oklahoma roads.
School Personnel to Receive CPR, Heimlich Maneuver Training
The testimony of a mother whose nine-year-old daughter choked to
death at school caused lawmakers to approve legislation requiring
teachers to learn the Heimlich Maneuver.
Senate Bill 618, by State Rep. Ben Sherrer, D-Pryor Creek, would
require Oklahoma schools to "ensure" that at least one teacher and one
staff member receive training "in cardiopulmonary resuscitation each
year" as well as the Heimlich Maneuver.
The bill initially endorsed only CPR training, but the measure was
amended by State Rep. Daniel Sullivan, R-Tulsa, to include the Heimlich
Maneuver.
The potential life-and-death impact of Sullivan's amendment was
vividly illustrated by Cressa Steed, a Del City mother who testified
before the House Common Education Committee.
Steed told members how her daughter, nine-year old Lindsay,
"needlessly choked to death at Epperly Heights Grade School in Del City
while having breakfast in the cafeteria."
She urged lawmakers to support passage of Senate Bill 618 so
that "no other mother will have to experience the pain of losing a
child."
It its original form, Senate Bill 618 would have created the
Dustin Rhodes CPR Training Act, but lawmakers voted to amend the bill to
name the act after both Rhodes and Lindsay Steed.
In addition, the legislation was amended to apply to all
teachers in public and private schools and to mandate training in both
CPR and the Heimlich Maneuver.
Senate Bill 618 easily passed out of the House Common Education
Committee. The bill will now proceed to the floor of the Oklahoma House
of Representatives.
House Honors War Hero
The Oklahoma House of Representatives unanimously passed a resolution
honoring an Oklahoman and Medal of Honor Recipient who passed away last
week.
House Resolution 1014, presented by Rep. Ron Peterson, R-Broken
Arrow, pays respect to Ernest Childers, a Native American who served as
a member of the National Guard's revered 45th "Thunderbird" Division
during World War II.
Childers died last Thursday in Muskogee at the age of 87.
Born and raised in Broken Arrow, Childers enlisted in the 45th Division,
Company C, 180th Infantry, and saw action in the European Theater during
the war.
According to the resolution, while on duty in Italy on Sept. 22, 1943,
Childers "almost single handedly eliminated two German machine gun
emplacements and captured an enemy mortar observer, thus saving his men
and exhibiting bravery and courage above and beyond the call of duty."
Childers was awarded the Congressional Medal of Honor for his actions.
Before entering the Armed Forces, Childers attended the Chilocco Indian
School at Chilocco.
-30-
