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First Regular Session of the Forty-eighth Legislature
of the State of Oklahoma
Second Legislative Day, Monday, February 5 , 2001
Pursuant to Article V, Section 26 of the Constitution of the State of Oklahoma, the House of Representatives for the Forty-eighth Legislature was called to order at 12:00 noon by Speaker Adair.
The roll was called with 100 Members present.
The following Member was excused: Glover.—1.
The Speaker declared a quorum present.
Prayer was offered by Reverend James White, Stilwell Pentacostal Holiness Church, Stilwell.
Upon motion of Speaker Adair, Reverend White was confirmed as House Chaplain for this legislative week.
The Journal for the last legislative day was approved.
The following changes were made in mileage allowance:
Name Round Trip Amount Due
Ray Vaughn 20 $ 6.90
Purcy Walker 244 84.18
COMMITTEE CHANGES AND SUBCOMMITTEE ASSIGNMENTS
Representative Pope (Tim) was removed from the Human Services Committee and added to the Public Safety Committee.
Representative Tyler was added to the Public Safety Committee.
Representative Glover was added to the Judiciary Committee and the Energy and Utility Regulation Committee.
Representative Langmacher was removed as Chair of the Revenue and Taxation Committee and retained as a Member.
Representative Pope (Clay) was named Chair of the Revenue and Taxation Committee and removed as Chair and as a Member of the Small Business Committee.
Representative Plunk was named as Chair of the Small Business Committee and added to the Appropriations and Budget Committee.
Representative Easley was added to the Insurance Committee.
Representative Ross was removed from the Human Services Committee and added to the Common Education Committee.
The Transportation Subcommittees were named as follows:
Aeronautics, Railroad and Mass Transit*
Long Range Transportation Planning
Dunegan Sullivan (Leonard)
*Replaces the Aeronautics and Railways Subcommittee
The Speaker changed the name of the Reapportionment Committee to the Redistricting Committee. The subcommittees are as follows:
Pope (Clay), Chair Roberts, Chair
Bonny Davis Jones Taylor
Covey Ferguson Staggs Wilt
Braddock, Chair Dunegan, Chair
Greenwood Stanley Corn Steele
McCarter Winchester Miller (Doug) Turner
Tulsa Oklahoma City
Tyler, Chair Webb, Chair
Easley Perry Cox Toure
Liotta Ross Nations Worthen
The Appropriations and Budget Subcommittees are as follows:
Easley, Vice Chair
Miller (Doug) Wells
General Government Subcommittee
Turner, Vice Chair
Health and Social Services Subcommittee
Leist, Vice Chair
Human Services Subcommittee
Eddins, Vice Chair
Judiciary and Law Enforcement Subcommittee
Glover, Vice Chair
Natural Resources and Regulatory Services Subcommittee
Hutchison, Vice Chair Natural Resources
Braddock, Vice Chair Regulatory Services
Covey Pope (Clay)
Fields Smith (Hopper)
Public Safety and Transportation Subcommittee
Sweeden, Vice Chair
The following were introduced and read for the first time:
HB 1001 By Reese.
An Act relating to marriage and family; providing for covenant marriages; amending 43 O.S. 1991, Sections 1, 5, as amended by Section 1, Chapter 174, O.S.L. 1999, 6, as amended by Section 9, Chapter 402, O.S.L. 1997, and 101 (43 O.S. Supp. 2000, Sections 5 and 6), which relate to marriage; defining term; specifying conditions and process; providing for designation of covenant marriage on marriage applications; specifying contents; clarifying and updating language; providing for declarations of intent to contract a covenant marriage; providing contents and attachments; requiring certain counseling; providing for construction of section; authorizing certain exemption; providing for compliance with other marriage laws not in conflict; providing for execution of a declaration of intent to designate the marriage as a covenant marriage to married parties; providing for procedures; providing for declaration and contents; specifying grounds for termination of a covenant marriage; providing for development and printing of the “Guide for Covenant Marriages” by the Administrative Director of the Courts; providing for contents; providing for codification; and providing effective dates.
HB 1002 By Hilliard.
An Act relating to revenue and taxation; creating sales tax exemption for certain articles of clothing or footwear; setting certain time and dollar limits; providing exceptions; authorizing the Oklahoma Tax Commission to promulgate rules; amending 68 O.S. 1991, Section 2701, as last amended by Section 14, Chapter 301, O.S.L. 1998 (68 O.S. Supp. 2000, Section 2701), which relates to authorization to tax for purposes of local government; setting forth certain exemption from local sales tax; requiring amount of sales tax exemption to be reimbursed by the Oklahoma Tax Commission; setting forth exemption from county or authority sales tax; providing for reimbursement; providing for codification; providing an effective date; and declaring an emergency.
HB 1003 By Askins.
An Act relating to the Tobacco Settlement Endowment Trust Fund; providing short title; providing for codification; and declaring an emergency.
HB 1004 By Sullivan (John) and Claunch.
An Act relating to revenue and taxation; providing exemption from sales tax for certain eligible food and beverages and nonprescription drugs and medicines; providing that sales tax exemption shall not apply to counties and municipalities without certain resolution or ordinance; authorizing promulgation of rules; providing certain exclusion; amending 68 O.S. 1991, Sections 1370, as last amended by Section 9, Chapter 301, O.S.L. 1998, 1370.1, 1370.2, Section 1, Chapter 1, O.S.L. 1994, as amended by Section 4, Chapter 7, O.S.L. 1994, Section 2, Chapter 287, O.S.L. 1992, Section 14, Chapter 275, O.S.L. 1993, Section 15, Chapter 275, O.S.L. 1993, Section 1, Chapter 332, O.S.L. 1995, Section 1, Chapter 86, O.S.L. 1996 and 2701, as last amended by Section 14, Chapter 301, O.S.L. 1998 (68 O.S. Supp. 2000, Sections 1370, 1370.2A, 1370.4, 1370.5, 1370.6, 1370.7, 1370.8 and 2701), which relate to county and municipal sales tax; providing exception to certain exemption; authorizing certain action for exemption; providing for codification; and providing an effective date.
HB 1005 By Bonny.
An Act relating to revenue and taxation; exempting certain corporations from franchise tax; providing for codification; providing an effective date; and declaring an emergency.
HB 1006 By Webb.
An Act relating to revenue and taxation; amending 68 O.S. 1991, Section 2357, as last amended by Section 22, Chapter 294, O.S.L. 1997 (68 O.S. Supp. 2000, Section 2357), which relates to credits against tax; creating child income tax credit; stating amount of credit; setting forth certain limitations; and providing an effective date.
HB 1007 By Webb and Dunegan.
An Act relating to the Oklahoma Aeronautics and Space Commission; establishing the Oklahoma Aeronautics and Space Commission as a separate state agency; providing for the continuance of certain powers, duties, and responsibilities; requiring certain employee positions to be transferred; establishing minimum and maximum number of full-time-equivalent positions; authorizing the Oklahoma Aeronautics and Space Commission and the Oklahoma Department of Transportation to enter into certain agreement for transfer of personnel; requiring written consent of employee to be transferred; permitting certain classified employees to retain certain status and salary; requiring certain benefits to be retained by employees; requiring the Office of Personnel Management to coordinate transfers; authorizing the Oklahoma Aeronautics and Space Commission to rent, lease, or own property; permitting the Oklahoma Aeronautics and Space Commission and the Director to accept certain gifts; providing for funding and payment of transfer costs; abolishing certain division; requiring the Director of State Finance to coordinate transfer of assets and obligations; requiring the Department of Central Services to coordinate transfer of property and records; repealing 69 O.S. 1991, Section 4011, which relates to the transfer of the Oklahoma Aeronautics and Space Commission to the Oklahoma Department of Transportation; providing for codification; providing an effective date; and declaring an emergency.
HB 1008 By Coleman.
An Act relating to revenue and taxation; amending 68 O.S. 1991, Section 1356, as last amended by Section 15, Chapter 314, O.S.L. 2000 (68 O.S. Supp. 2000, Section 1356), which relates to sales tax exemptions; modifying exemption from sales tax for parent-teacher associations or organizations; exempting from sales tax sales to certain community-based literacy organizations; amending 68 O.S. 1991, Section 2358, as last amended by Section 1, Chapter 271, O.S.L. 2000 (68 O.S. Supp. 2000, Section 2358), which relates to Oklahoma taxable and adjusted gross income; exempting from taxable income certain health insurance costs for self-employed individuals; providing effective dates; and declaring an emergency.
HB 1009 By Adair of the House and Hobson of the Senate.
An Act relating to public health and safety; enacting the Oklahoma Tobacco Use Prevention and Cessation Act; providing short title; defining terms; creating the Tobacco Use Prevention and Cessation Fund; providing for monies deposited into the Fund and expenditures of such monies; stating purpose of Fund; providing for procedures; providing for administration of Fund; authorizing use of Fund for certain plans; prohibiting certain use of Fund; establishing the Tobacco Use Prevention and Cessation Advisory Committee; providing for certain powers and duties; providing for membership, appointments, terms, qualifications, reimbursements, meetings, officers, and quorum of Committee; prohibiting certain members from monetary affiliation with the tobacco industry; providing exception; providing for an Executive Director; providing for the appointment, salary, and expenses for the Executive Director; requiring certain expenses be paid from the Fund; providing for staff and support personnel; prohibiting certain expenses be paid from the Fund; requiring the Committee to propose a State Plan for Tobacco Use Prevention and Cessation; providing for amendments to such State Plan; providing for submission of such State Plan and comments related thereto; providing for a final State Plan; making such State Plan available to the Department; making such State Plan public; specifying criteria for contract proposals; specifying criteria for smoking prevention programs; specifying certain amount of contract monies awarded go to specific programs; requiring the State Plan to provide for evaluation of certain programs; stating purpose; requiring such evaluation to be provided by an independent contractor; specifying measures of effectiveness of programs; requiring comparison of evaluation with certain initial baseline and other data; providing for statewide school-based survey for certain purpose; specifying such survey; limiting amount of administrative costs of the Committee; requiring elements of State Plan be under the Administrative Procedures Act; providing exception; providing for review of applications; providing for recommendations and awarding of contracts to qualified applicants; requiring Committee to make recommendations of the total amount of funds appropriated each fiscal year; requiring applicant for contract follow certain procedures; requiring the recommendation of Committee be binding on the Department; requiring the criteria for program be proven by applicant to be met; providing certain consideration be made for each funding request; specifying such considerations; authorizing state and local government to be eligible for contracts; requiring the Department to announce the award of contracts for the next fiscal year; authorizing any unexpended funds to continue; providing certain requirements to be met as condition of receipt of funds; specifying report required to be filed; providing for failure to file such report; requiring the Department to review reports and file a report to certain entities; specifying such report; requiring the report be publicly available; providing for codification; and providing an effective date.
HB 1010 By Wright.
An Act relating to motor vehicles; amending 47 O.S. 1991, Section 6-101, as last amended by Section 3, Chapter 342, O.S.L. 2000 (47 O.S. Supp. 2000, Section 6-101), which relates to driver licenses; requiring licenseholder to be notified prior to expiration of driver license; effective date.
HB 1011 By Maddux.
An Act relating to motor vehicles; amending 47 O.S. 1991, Section 14-109, as last amended by Section 1, Chapter 289, O.S.L. 1998 (47 O.S. Supp. 2000, Section 14-109), which relates to load and weight limits for vehicles; adding exemption for vehicles transporting oilfield equipment; providing an effective date; and declaring an emergency.
HB 1012 By Gray.
An Act relating to administrative procedures; amending 75 O.S. 1991, Section 250.1, as amended by Section 3, Chapter 206, O.S.L. 1997 (75 O.S. Supp. 2000, Section 250.1), which relates to designation of articles in the Administrative Procedures Act; clarifying statutory references; and providing an effective date.
HB 1013 By Toure.
An Act relating to criminal procedure; amending 22 O.S. 1991, Sections 1001 and 1001.1, as last amended by Section 1, Chapter 256, O.S.L. 1995 (22 O.S. Supp. 2000, Section 1001.1), which relate to death sentences; prohibiting setting of execution dates within certain period of time; requiring the Oklahoma Sentencing Commission to study cases involving homicides; requiring report; providing for distribution of report; requiring certain entities to cooperate with Sentencing Commission; prohibiting sentencing to death a person with a severe developmental disability; defining term; setting standard for testing; providing for codification; and declaring an emergency.