OK-Week in Review
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Author : Erin Boeckman and Sh
Date : 04/30/2007
(OPT) The final week of consideration of bills from the opposite house saw the House adding significantly to Senate bills in its possession, while the Senate quietly considered the bulk of the measures sent to it by the House, which managed to meet the deadline a day early.
At the same time, budget negotiations were underway, although no details have been released. And Gov. Brad Henry did was has been done rarely, if at all: Waited until Saturday to veto a piece of legislation that was on his desk.
Henry vetoes tort reform measure
The governor issued a rare Saturday veto, rejecting SB 507, a tort reform bill touted by legislative Republicans.
Saturday was the last day for the governor to act on the bill. The Oklahoma Constitution gives the governor five days during the legislative session to sign or veto measures. Failure to act on a measure in the prescribed time during the session is a "pocket signature," rather than a "pocket veto," and the measure becomes law.
Henry had been expected to announce his decision concerning the controversial measure Friday but said he would review the bill one more day and announce his decision Saturday.
In vetoing the bill, Henry said, "As governor, I have supported and continue to support reasonable and responsible tort reforms that strike a balance between a citizen's constitutional right to equal justice and the desire to reduce costs for those involved in the legal process. While Senate Bill 507 contained some positive provisions, it ultimately failed to strike such a balance and instead tipped the scales of justice to favor one party over the other. Furthermore, the measure tied the state's hands in legal actions designed to protect the citizenry, and the legislation did little to curb frivolous lawsuits, the chief complaint of many business owners."
Henry said a major factor in the his decision was the opposition of Atty. Gen. Drew Edmondson, who said Thursday the legislation would make Oklahoma's efforts to protect water quality and prevent pollution virtually impossible. Edmondson also raised concerns about the state's ability to pursue other legal actions designed to protect its citizens.
"Obviously, the attorney general's opinion carries great weight with me. I think it would be a huge mistake to tie this attorney general's hands or the hands of any future attorney general when it comes to protecting our state and its citizens," Henry said.
According to the governor, SB 507 also did not do enough to curtail frivolous lawsuits and instead focused on the amount of damages awarded and recovered after a judge or jury found a defendant guilty of negligence. Henry responded to claims that SB 507 contained the same provisions that he originally proposed in a tort reform package in 2004. He called such suggestions a "total misrepresentation," noting that while the two measures addressed similar subject matter, they were very different when it came to the actual language and expected outcomes.
The veto was criticized by House Speaker Lance Cargill, R-Harrah, who said, "It is ridiculous for the governor to claim he is trying to protect businesses. Business owners know the truth and they wanted this reform. The governor spent the last two days attempting to water down this legislation."
Henry said he would continue efforts to address the tort reform issue before the session ends.
Budget negotiations under way
Henry vetoes five funding bills
The budget impasse broke two weeks ago, the Senate's co-president pro tempore said Thursday.
"Budget talks have been taking place at the staff level for the past two weeks," Senate Co-President Pro Tempore Glenn Coffee, R-Oklahoma City, said Thursday.
Those at the table, he said, include the governor's office, Senate Republicans and Democrats and House Republicans. Coffee said he was not aware of the House Democrats participating in the discussions.
"Legislative leaders agreed to these talks because the Governor's office finally provided us with detailsof his differences with the bipartisan (budget) agreement," Coffee said. "It's interesting to note that the governor's proposals would accept about 99 percent of the $6.9 billion general appropriations bill (HB 1234), as I predicted to you. Most issues raised by the governor are not issues that would be included in a GA bill anyway because they deal with future spending and were issues legislators intended to address all along."
Legislative budget writers and the governor's office were locked in a standoff for several weeks. Legislative leaders were not willing to sit down with the governor until he provided them with his objections to their plan, while the governor was willing only to discuss his differences when everyone, including House Democrats, sat down at the negotiating table.
Although specific details of the budget have yet to become public, it appears the Department of Corrections will not receive enough funds to make it through FY08.
Appropriations Co-Chairman Johnnie Crutchfield, D-Ardmore, said Tuesday that the department will need "a $70 million (FY08) supplemental" when the legislature returns to the Capitol for its 2008 legislative session. Crutchfield made the comment during Tuesday's Senate session as he questioned Sen. Clark Jolley, R-Oklahoma City, about a bill that makes the department responsible for inmate medical care upon sentencing, rather than when the department takes custody of the inmate.
The department's appropriation is expected to be higher than its current year level, Coffee said, but exact figures are not yet known. It's expected the level will not be sufficient for the agency to make it through the fiscal year without supplemental funding as Crutchfield indicated, Coffee said. That supplemental funding, he said, likely will depend on the results of an audit of the agency.
"We have operated under the mindset that it makes sense to do the audit that the House has asked for and that we agreed to in our bipartisan agreement and to fund them with enough money so that we don't have to come back in special session between now and next year," Coffee explained. "Once that study is complete, we will know what things we need to do to have a real (budget) number so that we don't under fund them in future years and then we won't have this problem anymore."
Coffee added, "It doesn't makes sense just to throw a lot of money at the issue without knowing the facts of what we need to do, where the cost savings are, if there are things that can be done over there procedurally or from an operations standpoint before we throw a lot of money at it."
Henry vetoed the provision of the general and supplemental appropriations funding bill that included $1 million for an audit of the corrections department, saying the audit would be redundant of reviews of the agency already done by the Office of State Finance, State Auditor and Inspector, as well as the Legislature.
Coffee said legislative leaders involved in the budget talks remain committed to the audit. "We have insisted that needs to be part of the agreement. I think it will be part of the agreement but we haven't finalized discussions," Coffee said.
The agency requested more than $41 million to finish out the current fiscal year. The Legislature appropriated and the Governor approved $32.7 million in supplemental funds for the current fiscal year, including $23 million that was approved by the Governor on Wednesday. Appropriations Co-Chair Mike Johnson, R-Kingfisher, said the department has indicated that amount is sufficient to get the agency through the remainder of the current fiscal year.
Five other agency appropriations measures, however, did not fair as well. Henry vetoed the five spending bills Friday. Before he will consider such bills, Henry said, a budget framework must be in place.
The vetoed bills, all by Reps. Chris Benge, R-Tulsa, and Kenneth Miller, R-Edmond, and Sens. Tom Adelson, D-Tulsa; Johnnie C. Crutchfield, D-Ardmore; Mike Johnson, R-Kingfisher, and David Myers, R-Ponca City, included:
HB 1145 appropriates $6,869,856 to the Department of Libraries;
HB 1219 appropriates $48,201,340 to the Oklahoma Tax Commission. The measure requires the commission to pay a maximum $158,650 for the personal services and other operating expenses of the Office of the State Auditor and Inspector in performing audits of the commission and motor license agents and $226,104 to the Commission on County Government Personnel Education and Training for the performance of its duties;
HB 1223 appropriates $4,568,763 to the Office of the State Treasurer from the general revenue fund and $100,000 from the special cash fund;
HB 1241 appropriates $710,226 to the Human Rights Commission, and
HB 1271 appropriates $9,037,084 to the Oklahoma Conservation Commission.
House adds ingredients from Senate bills, legislative fusion results
Before wrapping up its work on Senate bills this week, the House integrated elements of various bills in the form of Senate substitutes. Some of the collaborative legislation that passed out of the House included the governor's proposal for an Oklahoma Bioenergy Center, a funding mechanism for the Teacher Retirement System and a clean-up bill for the yet unsigned tort reform bill.
During Tuesday's session, the House adopted language from another Senate bill into SB 609, by Sen. Joe Sweeden, D-Pawhuska, and Rep. Greg Piatt, R-Ardmore, to contain the governor's biofuels proposal. As introduced, SB 609 requires that, for purposes of fuel adjustment clauses, fuel or gas removed from storage or stockpiles be taken into consideration on the basis of the weighted average cost, rather than the last-in first-out, method of inventory accounting. The floor substitute provided by Piatt also creates the Oklahoma Bioenergy Center Act, which creates an Oklahoma Bioenergy Center within the Oklahoma Department of Commerce to serve as a strategic partnership to focus the collective resources of contributing institutions in the field of bioenergy research. The language of the floor substitute came from SB 510, by Sen. Jay Paul Gumm, D-Durant, and Rep. Dennis Adkins, R-Tulsa. The bill passed the Senate in March in a 45-to-2 vote but did not receive a hearing in the House Energy and Technology Committee.
The governor discussed the proposal for an Oklahoma Bioenergy Center as early as February in his State of the State address. Henry said he wanted to see Oklahoma establish itself as a global leader in the "fuel of the future." The intent of the center is to bring together the topic scientific talent to undertake research in and development of biofuels.
With the title and enacting clause stricken, the bill is most likely headed for a conference committee. The Oklahoma Bioenergy Center is estimated to cost $40 million over four years, with an initial required investment of $10 million, if funds are available, Piatt said. While the Senate had discussed the use of bonds, Piatt said that a funding source would be negotiated by the Legislature's leadership teams and presented in the form of another bill. SB 609 passed the House 94 to 1, and the emergency clause passed 73 to 1.
While a biofuels proposal most likely would receive the governor's support, it is as yet uncertain how Henry will react to another Senate bill that passed out of the House with substitute language. The tort reform bill, which was heavily debated by both the House and the Senate, has been transmitted to the governor for his consideration. But before Henry took action on the matter, the House passed a tort reform trailer bill.
Originally containing language relating to jury instructions, SB 824, by Sen. Susan Paddack, D-Ada, and Rep. Doug Cox, R-Grove, now amends enrolled SB 507. The measure limits the opt-in provision for class action lawsuits to those filed after Nov. 1, 2007; repeals Section 15 of SB 507 and a reference to that section, which limit punitive damage awards; removes language concerning defendant's "health care provider" concerning the death of the recipient of monetary damages; deletes the word "joint" as it appears before the word "tortfeasor" and changes "shall" to "may" in reference to collateral sources.
The House adopted the floor substitute Wednesday and passed the bill without debate, 56 to 41. On Tuesday, the day before the bill's consideration in the House, Senate Co-President Pro Tempore Glenn Coffee, R-Oklahoma City, issued an invitation to governor to work on any legitimate concerns he had with regard to tort reform and address those concerns within SB 824. The bill now goes back to the Senate for consideration of House amendments.
Also during the House's Wednesday session, members incorporated what represented a House/Senate agreement on a funding mechanism for the Teacher Retirement System of Oklahoma. Originally a budget shell bill, SB 357, by Adelson, Crutchfield, Johnson, Myers, Benge, and Miller, now increases the teacher employer contribution rates to 8.35 percent beginning Jan. 1, 2008; 8.5 percent beginning July 1, 2008; 9 percent beginning Jan. 1, 2009; 9.5 percent beginning Jan. 1, 2010, and 9.5 percent beginning July 1, 2010. The measure also increases university and regional institution employer contribution rates to 7.55 percent beginning Jan. 1, 2008; 8.05 percent beginning Jan. 1, 2009, and 8.55 percent beginning Jan. 1, 2010. Such funding would be subject to adequate legislative appropriations. The floor substitute also contains language regarding the State Board of Equalization determining an initial baseline amount of revenue that was apportioned to the credit of TRS. Once that baseline is determined, the bill prohibits the amount of money appropriated from the general revenue fund apportioned to TRS be less than the established baseline amount.
If funded by the Legislature, SB 357 could add approximately $60 million annually into TRS, once fully implemented in 2010, according to a House news release. The initial installment would cost $10 million for the next fiscal year. According to the Oklahoma Pension Oversight Commission, TRS is operating with an unfunded liability of more than $7 billion. During discussion of the bill, some members questioned the use of increased employer contribution rates rather than a simple large infusion of capital. Jones replied that a steady funding stream would reflect well on the state in the eyes of bond raters.
The substitute language incorporated into SB 357 is very similar to that of SB 1092, by Sen. Mike Mazzei, R-Bixby, and Rep. Tad Jones, R-Claremore. The title is off SB 1092, however, and it is bound for a conference committee, said Jones, chairman of the House Education Committee. The title is still on SB 357 and, if approved by the Senate, it could go directly to the governor's desk, he said. The House adopted the floor substitute without much discussion and passed the bill without opposition, 97 to 0. After the bill's passage, the Senate issued a press release expressing satisfaction with the House's acceptance of what was described as a bipartisan legislative agreement to fund TRS.
One of the bills debated by the House Wednesday ultimately was defeated. SB 605, by Sen. Brian Bingman, R-Sapulpa, and Rep. Ron Peters, R-Tulsa, creates a Municipal Fire Protection District Act and a Local Fire Protection District Act to allow for certain municipalities and political subdivisions to create local fire protection districts. Peters' floor substitute removed language that would have authorized municipalities to make an assessment on the value of property not otherwise exempt from ad valorem taxes with the approval of two-thirds of the voters within the district.
Even with the removal of the possibility for a tax election, House members objected to the possibility that SB 605 could return to the House with what opponents called a tax increase. With the population restrictions within the bill, SB 605 would only affect the Tulsa area. Republican Tulsa Rep. Pam Peterson expressed her fear that the tax language would reappear in the bill in the form of aconference committee report and legislators would not have time to thoroughly review the language before being asked to vote on it.
"Show me in this bill where it says it's a tax increase," said Peters in his defense of the bill. Even if the tax language were in the bill, it would be subject to voter approval, Peters said in conclusion. Peters' assertions were not enough to convince the House, however. The bill failed 41 to 51.
The House also debated the rights of victims versus the rights of defendants in the wearing of photographic buttons in courtrooms. As the House's session stretched into the late evening hours Monday, members began debating SB 868, by Sen. Jim Reynolds, R-Oklahoma City, and Rep. Sue Tibbs, R-Tulsa. The bill creates "Taylor's Law," which requires a court to permit members of the immediate family of a murder victim to wear buttons containing a picture of the victim as a symbol of grief during a trial. The measure limits the size of the button to 4 inches in diameter.
One of the representatives joining Tibbs in defense of her bill was Rep. Terry Ingmire, R-Stillwater. As the victim of a crime himself, Ingmire said he spoke for those who were not as lucky as he to survive. He urged members to put pictures in the courtroom to allow the dead victims to have a voice. Another victim of crime, Rep. Terry Hyman, D-Leon, debated against the bill. Although his daughter was the victim of murder, Hyman expressed his concern regarding the possibility of appeals the bill could produce, which could taint the application of justice in a courtroom. Attorney Reps. Richard Morrissette, D-Oklahoma City, and Ben Sherrer, D-Chouteau, argued that the admission of photographic buttons would influence the non-prejudicial nature of the courtroom.
Following a debate that at times became emotion for a few members, the House passed the bill 58 to 41 but the emergency clause initially failed 66 to 32. Upon reconsideration Wednesday, the House passed the emergency clause 68 to 17.
Another bill causing heated debate during Monday's extended session was SB 990, by Sen. Kenneth Corn, D-Poteau, and Rep. Trebor Worthen, R-Oklahoma City, which creates a 12-member Judicial and District Attorney Redistricting Task Force until Nov. 30, 2008, to study the redistricting of judicial and district attorney districts. The measure requires the task force to report its findings and recommendations to the Senate president pro tempore and the House speaker by Nov. 30, 2008. Rather than a debate on the creation of the task force, the debate on SB 990 focused on a proposed floor substitute as well as the application of House rules in hearing the bill.
Recognizing the need to study the district map and the flaws that may have been created by partisanship, Rep. Ryan McMullen, D-Burns Flat, offered an alternative to Worthen's task force proposal. McMullen's floor substitute to SB 990 proposed a constitutional amendment creating a Development of Effective Mechanisms for Obtaining Citizen's Rights to Accurately Choose for Yourself (DEMOCRACY) Act requiring the establishment of an Independent Redistricting Commission to begin the process of redistricting congressional, state legislative and judicial districts.
The debate regarding House rules began with Worthen questioning the germaneness of McMullen's floor substitute, which Speaker Pro Tempore Gus Blackwell, R-Goodwell, ruled non-germane. An appeal of the chair was attempted by McMullen, followed by a tabling motion by Worthen. This raised the question of whether an appeal of the chair could be tabled. With questions and points of order continuing, Worthen ultimately withdrew his tabling motion, and McMullen continued with his appeal of Blackwell's ruling on germaneness, which was upheld by a vote of the House.
Debate continued when Rep. Mike Reynolds, R-Oklahoma City, mentioned activities from a House committee meeting. The representative said he attended a meeting of the House Rules Committee when SB 990 was heard, and Worthen refused to recognize him to ask questions or to offer an amendment. When Blackwell warned Reynolds to keep his debate pertinent to the bill, Reynolds continued his debate, heedless of Blackwell's gaveling. Even after Reynolds' microphone was turned off, he continued his debate in a raised voice. Ultimately, Reynolds did become silent.
In yet another series of motions before the vote on the bill could be taken, Morrissette attempted to lay over the bill. However, Worthen successfully moved to table that motion. Ultimately, the bill passed 60 to 40 but the emergency clause failed 59 to 40.
One of the bills lucky enough not to receive debate is an omnibus tax package containing four main provisions. SB 861, by Sen. Don Barrington, R-Lawton, and Rep. Gus Blackwell, R-Goodwell, provides a sales tax exemption for sales of clothing or footwear priced at less than $100 for sales that take place during a period beginning at 12:01 a.m. on the first Friday in August and ending at 12 midnight on the following Sunday, covering a period of three days. The exemption would not apply to special clothing or footwear primarily designed for athletic activity or protective use and not normally worn except for athletic activity or protective use for which it is designed; accessories carried on or about the human body, without regard to whether worn on the body in a manner characteristic of clothing; and the rental of clothing or footwear. The measure requires that revenue be apportioned each fiscal year to municipalities and counties that exempt such taxes from their sales tax. The bill also lowers the income tax rate from 5.65 percent to 5.5 percent in tax year 2008 and to 5.25 percent for tax years beginning in 2009. The measure also exempts from franchise tax entities with a tax liability of $250 or less. The bill also grants members of the Armed Forces the option of either the current 20 percent tax credit for child care expenses or a 5 percent child tax credit, whichever is greater, only if the taxpayer's federal adjusted gross income does not exceed $100,000.
The bill passed without debate during Monday's session in a 63-to-37 vote but the emergency clause initially failed 62 to 37. Upon reconsideration Wednesday, however, the House approved the emergency clause 70 to 28. House Revenue and Taxation Committee Chairman Randy Terrill, R-Moore, said the emergency clause was imperative to ensure the bill was in effect for the proposed sales tax holiday to take place in July.
Also during this week's sessions, the House approved modifications to the operation of the Oklahoma Higher Learning Access Program (OHLAP). The FS for SB 820, by Sen. Mike Morgan, D-Stillwater, and Rep. Tad Jones, R-Claremore, establishes a procedure for determining funding needs for the Oklahoma Higher Learning Access Program (OHLAP)-Oklahoma's Promise and establishes a procedure for funding the program. The measure requires the State Regents for Higher Education to certify in November the amount needed to fund the program in thecoming fiscal year. The Board of Equalization would then set aside that amount when it meets in December and February. The measure modifies OHLAP eligibility to require award recipients be a U.S. citizen or lawfully present in the United States. It also expands eligibility to include students who have satisfactorily completed within the previous three years an education program other than a public or private school and have achieved an ACT composite score of 22 or higher. To retain eligibility, the bill requires students refrain from substance abuse and commissions of crimes or delinquent acts. The measure also modifies language relating to the Oklahoma Higher Learning Access Trust Fund, permitting the State Regents to expend and budget the funds credited to the trust fund. To retain eligibility, the measure requires a student maintain a minimum 2.5 cumulative GPA for all attempted regularly graded course work. The language also modifies the financial need criteria, requiring information include financial status at the time the student applies for participation in OHLAP and at the time the student completes the eligibility requirements. Once eligibility requirements have been met, the income from taxable and nontaxable sources of the student's parents may not exceed $100,000 per year to qualify.
Some of the concerns expressed by opponents of the bill centered on implementation of GPA requirements for OHLAP recipients - and the possible detrimental effect on participating students. Referring specifically to the requirement that OHLAP recipients maintain a 2.5 GPA, Rep. Joe Dorman, D-Rush Springs, said he was concerned that SB 820 could cut off assistance to students from his district when they experience problems adjusting during their first college semester. Rep. Jerry McPeak, D-Warner, echoed Dorman's concerns about the potentially detrimental effect on students. While the bill may appear to give more students opportunities for education, he said, the additional provisions of SB 820 would actually reduce the number of students who qualify for assistance.
However, Jones said that because of the increased use of OHLAP, additional provisions were needed to increase accountability. Next year, an estimated 17,800 students will take part in the program and $11 million will be needed to fund it, he said. Originally, money from gaming was supposed to fund OHLAP but increased use means turning to tax dollars for additional funding, Jones said. If taxpayers have to pay above and beyond the money provided by gaming, there should be more accountability measures placed on students, he said. The bill passed 82 to 17.
Override attempt fails in Senate
The Senate sustained the governor's veto of an anti-abortion measure Wednesday, while quietly completing it consideration of House bills. Sen. Charlie Laster, D-Shawnee, cast the deciding vote on the motion by Sen. Jim Williamson, R-Tulsa, to override the veto, switching his "aye" vote on the bill to a "nay" vote on the motion to override the veto.
"I am pro-life and I have consistently voted for pro-life legislation. This bill, however, holds poorer Oklahomans to a different standard than everyone else and I can't support that. It does not allow an exception in the case of rape or incest and medical experts in Oklahoma believe this bill will undermine the relationship between doctors and their patients. This bill also interferes with private health insurance coverage," Laster said in a statement released shortly after the 31 to 17 vote, which was one vote shy of the 32 votes necessary for the override.
"I know some will be tempted to cast this vote in a political light or engage in personal attacks," Laster said, "but I would urge them to respect the decision made by each individual legislator. There are good people on both sides of SB 714, and it is my hope that they can put this issue behind them and work together to address the needs of Oklahoma."
SB 714, by Sen. James A. Williamson, R-Tulsa and Rep. John A. Wright, R-BrokenArrow, modifies the definition of abortion to mean the use or prescription of any instrument, medicine, drug or other substance or device intentionally to terminate the pregnancy of a female with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to remove an ectopic pregnancy or to remove a dead unborn child who died as a result of a spontaneous miscarriage, accidental trauma or criminal assault on the pregnant female or her unborn child.
The measure modifies the definition of "medical emergency" to mean the existence of any physical condition, not including any emotional, psychological or mental condition, which a "reasonably prudent physician with knowledge of the case and treatment possibilities with respect to the medical conditions involved" would determine necessitates the immediate abortion to avert the woman's death or substantial and irreversible impairment of a major bodily function arising from continued pregnancy. The Department of Health would be required by Feb. 1, 2008, to prepare and make available on its Web site physician forms, to be filled out by physicians performing abortions and electronically submitted annually to the health department.
The bill also modifies the definitions of "abortion" and "medical emergency" for purposes of the Unborn Child Pain Awareness/Prevention Act. Except in the case of a medical emergency, a physician would be prohibited from performing an abortion on a pregnant woman unless the physician has obtained proof of age demonstrating she is not a minor; proof that the woman, although a minor, is emancipated or is compliant with Section 1-740.3 of Title 63. It prohibits an abortion from being performed on an unemancipated minor or a woman for whom a guardian has been appointed except in a medical emergency or where a judicial waiver was obtained. The bill also modifies language relating to documentation a parent must provide to issue consent, as well as parental notification provisions. If a pregnant unemancipated minor seeks a judicial waiver, the judge would be required to determine by clear and convincing evidence that the minor is capable of consent. Any physician performing an abortion on an unemancipated minor must electronically submit the health department's report on the procedure. The penalty for submitting a report past the due date would be $500 for each additional 30-day period the report is overdue. If a physician required to submit reports fails to do so or files an incomplete report, the bill allows the department to seek a court order for compliance. The department would be required to post online a public report providing statistics for the previous calendar year compiled from physician reports.
The measure creates a felony offense for knowingly or recklessly using a false governmental record or making a fraudulent representation or statement to obtain an abortion for a minor. It also creates a felony offense for intentionally or knowingly performing an abortion on a pregnant unemancipated minor if requirements for such abortion are not met. The bill provides for court actions to enjoin, suspend or delay the implementation of the bill's provisions. A person employed by the state, agency or political subdivision acting within the scope of employment would be prohibited from performing or assisting an abortion not necessary to save the life of the mother. A public institution, facility, equipment or other physical asset owned, leased or controlled by the state, agency or political subdivision could not be used to perform or assist in an abortion not necessary to save the life of the mother.
The measure also prohibits any funds received or controlled by the state, agency or political subdivision, including funds derived from federal, state or local taxes, gifts or grants, from being used to encourage a woman to have an abortion not necessary to save her life. The bill defines "elective abortion" to mean any reason other than a spontaneous miscarriage or to prevent the death of the woman. It prohibits health insurance contracts, plans or policies in the state from providing coverage for elective abortions except by an optional rider for which there would be an additional premium.
Debate on the motion was much more restrained than when the bill was considered April 11 and passed on a 32 to 16 vote.
After failing to win the override attempt, Williamson said in a prepared statement, "Today's vote is just the beginning. Our fight on behalf of unborn Oklahomans will continue for as long as necessary until we override this veto."
There is no limit to the number of times an override may be attempted during a legislative session's two-year cycle. Williamson said he will continue to bring up his motion to override Henry's veto "as many times as necessary" until the end of next year's legislative session.
Williamson added, "Senator Laster's flip-flop on this life-and-death issue is surprising and disappointing. Senator Laster will likely be hearing from many pro-life Oklahomans in the coming days. There will be a lot of prayers that he will have a change of heart n the next override vote. Senator Laster's explanation for changing his vote on SB 714 involves the same arguments that were used against this bill during every previous vote, yet Senator Laster still voted for the bill every time until today."
Henry said he appreciated the senators who sided with him. "I appreciate the senators who voted to sustain my veto, and I respect the position of those who did not. This is a very difficult and very emotional issue, and I know each senator did what he or she believes is best for the state of Oklahoma," the governor said.
"No one makes decisions of this nature lightly, but given the flaws in the legislation, I believe there was really no other course of action. I support reasonable restrictions on abortion and have signed such restrictions into law, but this legislation triggered too many unintended consequences with respect to medical care, the health of the mother and the treatment of rape and incest victims," Henry added. "I know some will be tempted to cast this vote in a political light or engage in personal attacks, but I would urge them to respect the decision made by each individual legislator. There are good people on both sides of SB 714, and it is my hope that they can put this issue behind them and work together to address the needs of Oklahoma."
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