Workin' 9 to 11, House hears 50 bills

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Author :  Erin Boeckman 
Date :  05/25/2007

Staff Writer
(OK) During another day of work that spanned the morning and night hours, the House on Wednesday took up both policy measures - ranging from ethics reform to taxation to criminal justice - and budget bills, approving allocation of the state's spillover money and agency allocation bills.

While there were rumors floating amongst legislators, lobbyists and legislative staff that both the Senate and House may conclude their business Thursday evening, the House failed to meet that goal. Although working through its dinner break, the House recessed for lunch and took a break in the late afternoon. Members heard 50 bills, debating ethics reform and higher education funding. Members also effectively killed two bills, one relating to landfills and one pertaining to the director of a criminal justice information center. Although the Senate concluded its business Thursday night, the House is schedule to return Friday morning to wrap up the session.

Ethics Reform

A proposal for ethics reform was brought up for consideration early Thursday afternoon that brought questions and discussion from members predominantly concerned with the timing for the bill's discussion.

Currently in the form of a shell bill, SJR 32, by Co-President Pro Tempore Glenn Coffee, R-Oklahoma City, President Pro Tempore Mike Morgan, D-Stillwater, and Speaker Lance Cargill, R-Harrah, relates to rules of the Ethics Commission. In his presentation of the bill, Rep. Trebor Worthen, R-Oklahoma City, pledged that once the House passed the bill, a Senate conference committee would insert language into the bill. Proposals for the bill's content included prohibitions against contributions at the Capitol and restrictions on use of out-of-state funds in state elections.

Due to questions regarding the unknown content of the bill, Worthen chose to lay over the resolution. However, before the end of Thursday's session, the House revived ethics reform in the form of Senate amendments to HB 2110, by Cargill and Coffee, modifies language relating to general rules and authority of the Ethics Commission. With regard to contributor statements from contributors outside the state, the measure requires recipients of out-of-state contributions to obtain certain information from contributors, including the date of the contribution; name, address, occupation and employer of contributor; a statement of understanding and intent of contribution; and a declaration that the contributor has not been directly or indirectly compensated or reimbursed for the contribution. The bill also prohibits an out-of-state independent organization from splitting a contribution into smaller amounts. It also prohibits state officers from accepting contributions to benefit a candidate, political action committee, political party or ballot measure inside the state Capitol at any time during the year. The bill also requires each chamber of the Legislature to conduct an annual ethics training seminar for members, employees and lobbyists. It also prohibits state officers from accepting compensation for an article, appearance, speech or participation at an event, unless the performance of which is part of the officer's private occupation. The measure also modifies the information required on lobbyists' monthly reports on contributions. The bill passed 97 to 1. [See related story on ethics reform.]

Appropriation and Budget

The House continued work on budget bills Thursday, approving the bill containing $139.8 million in spillover funds. The CCR for HB 1105, by Rep. Chris Benge, R-Tulsa, Rep. Kenneth Miller, R-Edmond, Sen. Tom Adelson, D-Tulsa, Sen. Johnnie Crutchfield, D-Ardmore, Sen. Mike Johnson, R-Kingfisher, and Sen. David Myers, R-Ponca City, appropriates $139.8 million of Rainy Day spill over funds to various state agencies. It allocates $10 million to the teacher retirement system, $22 million for the teacher differential salary increase, $20 million for higher education operations, $15 million for the Centennial Commission and $6 million for the bioenergy center.

The allocation to higher education operations is what prompted questions from House members. The previous version of the conference committee report would have allocated $16.5 million for capital improvements at the University of Oklahoma, Oklahoma State University and regional universities. However, the revised version of the report includes two-year colleges in that allocation. Specifically, the bill grants $5.5 million to the OU, $5.5 million to OSU and $5.5 million to regional universities and two-year colleges within the Oklahoma State Regents for Higher Education.

Rather than a three-way division, Rep. Ryan Kiesel, D-Seminole, recommended dividing the allocation four ways. He said he wanted equity for the students attending the state's two-year universities. To that point, Kiesel attempted to table adoption of the CCR to have the measure amended in benefit of the two-year schools; however, his motion failed.

Referencing the bill in its former state, Rep. Tad Jones, R-Claremore, asked how much money was allocated to two-year schools prior to the current CCR. The answer was none, Benge said. Due to the desire of many senators to give money to the two-year schools, the spillover bill was amended to include the two-year schools in the $16.5 million allocation, Benge said. In return for the amendment to the CCR, the senators signed out another bill from the Senate General Conference Committee on Appropriations that increases the debt limit allowed for endowed chairs [see HB 1137 below]. After adopting the CCR, the House passed the bill and its emergency clause 88 to 8.

In a related matter, the House passed the CCR for HB 1137, by Benge, Miller, Adelson, Crutchfield, Johnson and Myers. It increases the Oklahoma Regents for Higher Education's debt limit from $50 million to $100 million for endowed chairs. It removes language requiring the Supreme Court to approve issuance of obligations. After adopting the CCR, the House passed the bill and its emergency clause 92 to 4.

The House also took up a bill that had been debated in two meetings of the House General Conference Committee on Appropriations. Originally a budget shell bill for the Legislative Services Bureau, the CCR for SB 217, by Adelson, Crutchfield, Johnson, Myers, Benge and Miller, modifies language related to the Oklahoma Criminal Justice Resource Center. Rather than the Oklahoma Sentencing Commission, the Senate president pro tempore and the House speaker would have authority to appoint and set the salary of the OCJRC director. The director would serve at the pleasure of the president pro tempore and the speaker. Debate on the measure resulted in a tie vote during the first GCCA meeting on Wednesday, but it passed out of Thursday's GCCA meeting, and it arrived on the House floor on Thursday evening.

Much of the debate on the measure had centered on the need for both the Oklahoma Sentencing Commission and the OCJRC to remain an independent body. Rep. Lucky Lamons, D-Tulsa, noted that the Sentencing Commission was developed by the Legislature as a nonpartisan body to educate and make recommendations to the Legislature. Rep. Gus Blackwell, R-Goodwell, who serves as co-chairman of the commission, recognized that the commission and the OCJRC director had performed their duties well. The rationale behind the bill was to put the OCJRC under the legislative body to have more accountability.

Following these comments, Lamons moved to table the adoption of the CCR. That motion succeeded in a 61-to-35 vote, which effectively killed the bill.

The House also passed the following budget bills:
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CCR for HB 1106, by Benge, Miller, Adelson, Crutchfield, Johnson and Myers, authorizes the Office of State Finance to enter into a multi-year agreement to acquire land, develop, design, construct and furnish facilities necessary for the administration of the state's information technology and telecommunications infrastructure and security. The actions are exempt from the Central Purchasing Act. The bill states that the facility may not exceed 9,000 square feet. After adopting the CCR, the House passed the bill and its emergency clause 98 to 0.
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CCR for HB 1112, by Benge, Miller, Adelson, Crutchfield, Johnson and Myers, authorizes the Oklahoma Capitol Improvement Authority to acquire real property to provide office space for the Oklahoma Tourism and Recreation Department. The authority is directed to issue negotiable obligations of $9 million for the purchase. Benge said the money would be used to purchase the Journal Record Building in downtown Oklahoma City to house the department. Part of the building is currently occupied by the Oklahoma City National Memorial Museum. After adopting the CCR, the House passed the bill and its emergency clause 91 to 7.
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CCR for HB 1175, by Benge, Miller, Adelson, Crutchfield, Johnson and Myers, sets budget limits for the $17,316,450 appropriation to the Oklahoma State Bureau of Investigation. After adopting the CCR, the House passed the bill and its emergency clause 96 to 0.
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CCR for HB 1189, by Benge, Miller, Adelson, Crutchfield, Johnson and Myers, sets budget limits for the $98,370,391 appropriation to the Department of Public Safety. After adopting the CCR, the House passed the bill and its emergency clause
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CCR for HB 1122, by Benge, Miller, Adelson, Crutchfield, Johnson and Myers, sets the limit for full time-equivalent employees allowed for the Oklahoma Student Loan Authority and the Oklahoma State Employees Benefits Council. It increases the midpoint and maximum salary limits for the executive officer of the Board of Governors of the Licensed Architects, Landscape Architects and Interior Designers of Oklahoma. The measure also establishes certain agency positions as unclassified and modifies the definition of season employees within the Department of Tourism and Recreation. After adopting the CCR, the House passed the bill and its emergency clause 95 to 4.
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CCR for SB 310, by Adelson, Crutchfield, Johnson, Myers, Benge and Miller, sets budget limits for the $57,674,778 appropriation to the District Courts. After adopting the CCR, the House passed the bill and its emergency clause 98 to 0.

State Government

Two reports on one bill changed a bill dramatically from its initial appearance. The House rejected the CCR for a bill that contained language similar to that of a bill members approved only the day before. Speaker Lance Cargill, R-Harrah, moved to reject the 2nd CCR for HB 1391, by Rep. Phil Richardson, R-Minco, and Sen. Johnnie Crutchfield, D-Ardmore, and requested further conference. As originally submitted, the bill would have created a Blue Skyways Collaborative Grant Program to fund activities and projects designed to reduce regional air pollution. The measure requires that state funds be used to obtain matching grants for government and non-government organizations in Oklahoma on proven pollution-reducing measures including retrofitting truck and bus fleets so they can use cleaner fuels, and installing and implementing other energy-efficient measures. Grants, to be awarded by the Department of Environmental Quality, would cover 95 percent of the project costs for government entities and 75 percent of the project costs for non-government entities. Grant recipients would be required to report on the results, including information about emission reductions and what they learned from their experience. Information from the reports would be used when future grants are awarded. No more than 25 percent of the total sum available for grants would be awarded to any single entity. The limit would not preclude participation by the recipient in any similar grant program in the future. No more than $100,000 of the amount appropriated by the legislature could be used by DEQ for personnel and other associated program costs. The bill modifies the Lead-Impacted Communities Relocation Assistance Act to limit the sum of all payments for acquisition of a property or rental unit to the amount that would have been paid had the property belonged to a single owner. The sum of all rental assistance could not exceed the amount that would have been paid had the unit been rented by a single lessee.

However, the second CCR contained language similar to that of the CCR for HB 1872, by Cargill, Rep. Dennis Johnson, R-Duncan, and Sen. Earl Garrison, D-Muskogee. It creates an Oklahoma Forever Land Trust Act that includes creation of an Oklahoma Forever Land Trust Council, a Joint Legislative Committee on the Environment and an Oklahoma Forever Land Trust Fund. The Secretary of the Environment would be required to distribute revenues from the Oklahoma Forever Trust Fund to state agencies or other governmental entities for the purpose of acquiring land for projects for the restoration, conservation or preservation of environmentally or historically sensitive lands and water areas or for providing outdoor recreational opportunities. The bill authorizes the governing body of an incorporated city or town to adopt standards for the location,design, construction and maintenance of solid waste disposal sites and facilities more restrictive than those promulgated under the provisions of the Oklahoma Solid Waste Management Act. The measure passed the House on Wednesday.

In another action related to the Oklahoma Forever Land Trust, a House committee removed funding that had previously been allocated to the program. The House General Conference Committee on Appropriations met Thursday afternoon and removed the $1 million allocation to the Oklahoma Forever Land Trust. Instead, the spillover appropriations money is split between seed capital for the Oklahoma Center for the Advancement of Science and Technology and for the youth expo endowment.

The previous action was not the end of HB 1391. Thursday evening, Rep. Dennis Adkins, R-Tulsa, presented a third CCR for the bill related to solid waste disposal sites. Several counties have different guidelines for landfills, and the state needs a unified focus on how it handles landfills from this point forward, Adkins said. However, Rep. Ryan McMullen, D-Burns Flat, noted that while Adkins' bill would prohibit counties from establishing disposal site guidelines, municipalities would still be allowed to establish guidelines. Following this discussion, Rep. Mike Reynolds, R-Oklahoma City, attempted to table the adoption of the CCR, but that failed in a 36-to-46 vote.

The third CCR was adopted in a vote of 49 to 44, but the roll for the bill itself was held open for several minutes. The "no" and "yes" columns teetered. At one point, there were 53 "no" votes, but the vote was not declared. Finally, the vote was declared at 51 to 48 in favor of the bill. The emergency clause failed in a vote of 43 to 42.

The House also passed the following measures:
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CCR for SB 751, by Sen. Randy Bass, D-Lawton, and Rep. Don Armes, R-Faxon, modifies the requirement that the full amount of expenditures qualifying for the use of proceeds pursuant to the Quality Jobs Incentive Leverage Program be made no more than five years from the date as of which the disclosure document is filed to allow the deadline to be extended by the Department of Commerce if requested by the establishment. The bill also creates the Military Base Protection and Expansion Incentive Act, which creates a loan program to protect and retain established military bases and facilities and to support additional and expanded employment at such bases and facilities. The loan program would provide funding to a political subdivision to finance capital projects needed as a result of growth due to or in connection with an established military base. The measure states legislative intent to provide sufficient money to fund interest payments of any obligations issued by the Oklahoma Development Finance Authority during the initial five years of obligations provided by legislative appropriations deposited in the Military Base Protection and Expansion Bond Fund, which is created within the State Treasury. After adopting the CCR, the House passed the bill and its emergency clause 95 to 2.
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CCR for HB 1270, by Benge, Miller, Adelson, Crutchfield, Johnson and Myers, creates the 2nd Century Entrepreneurship Center Act, directing the Oklahoma Department of Commerce to establish within the agency a central point of access and information for persons or business entities to facilitate the creation of new business enterprises within the state to be known as the 2nd Century Entrepreneurship Center. The CCR was adopted in a 69-to-6 vote, and the bill and its emergency clause passed 95 to 3.
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CCR for SB 609, by Sen. Joe Sweeden, D-Pawhuska, and Rep. Greg Piatt, R-Ardmore, 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 bill 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. After adopting the CCR, the House passed the bill and the emergency clause 96 to 1.
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2nd CCR for HB 1490, by Rep. Daniel Sullivan, R-Tulsa, and Sen. Mary Easley, D-Tulsa, which creates a Eucha-Spavinaw Nutrient Management Act to preserve and promote the purposes and agreements of the parties set forth in the settlement agreement with regard to the Eucha-Spavinaw Watershed. The bill would apply to any person or entity who is a land applicator or a land or facility owner or operator in the Eucha-Spavinaw Watershed and be enforced by the State Board of Agriculture and the Oklahoma Department of Agriculture, Food and Forestry. Land application rates for poultry waste in the watershed must be specified in the animal waste management plan and must follow the requirements and limitations of the applicable Eucha-Spavinaw phosphorous index. After adopting the CCR, the House passed the bill 94 to 2, and the emergency clause passed 71 to 1.
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2nd CCR for SB 136, by Sen. Johnnie Crutchfield, D-Ardmore, and Rep. Terry Hyman, D-Leon, provides an exemption from allowables, regardless of unit size, for production of gas by reservoir dewatering to extract gas from reservoirs having initial water saturations at or above 50 percent. It increases from 160 acres to 640 acres the size of drilling and spacing units the Corporation Commission may establish in the instance of reservoir dewatering to extract oil from reservoirs having initial water saturations at or above 50 percent. The measure authorizes condemnation for above-ground electric lines and authorizes the commission to institute condemnation proceedings for certain oil or gas exploration leases. Any person, firm or corporation would be authorized to file an application with the commission to institute condemnation proceedings to obtain rights-of-way necessary to install saltwater disposal pipelines and to set above-ground electric distribution lines, so long as neither is to be used for commercial purposes, if the lines are required for an oil or gas exploration operation, provided the commission determines upon a hearing that the rights-of-way are necessary and otherwise cannot be obtained by negotiation and purchase. The bill expands the definition of "seeping natural gas" to include natural gas leaking from a distribution pipeline operated by a private natural gas utility regulated by the commission that serves no more than 300 customers. It limits expenditures from the Corporation Commission Gas Seep Fund to the available balance in the fund and prohibits any other fund from being accessible for any remediation or repair arising. It authorizes the commission to expend up to $125,000 to repair or replace a distribution pipeline. The bill increases the fees for funding activities of the Commission on Marginally Producing Oil and Gas Wells from 0.002 cent to 0.0035 cent per barrel of petroleum liquid and from 0.001 cent per 1,000 thousand cubic feet (Mcf) to 0.00015 cent per 1,000 Mcf of natural gas. After adopting the CCR, the House passed the bill and its emergency clause 95 to 3.
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CCR for SB 871, by Sen. Jay Paul Gumm, D-Durant, and Rep. Ron Peterson, R-Broken Arrow, modifies the requirement in the Oklahoma Quality Jobs Program Act that employees reside in the state to be waived for new direct jobs located in a county that has borders contiguous with another state if the waiver is requested by application to the Department of Commerce. An establishment otherwise qualified to receive incentive payments that locates in a county in which a negative economic event has occurred within the 18-month period preceding the start date would not be subject to salary requirements for new direct jobs but would not be eligible to receive incentive payments based upon a negative economic event with respect to jobs that are transferred from one county of the state to another. The measure modifies the wage requirement in the Small Employer Quality Jobs Incentive Act to require that the annual salary meet or exceed a county personal poverty rate above 15 percent, instead of a county median household income 15 percent or more below the federal poverty level. The bill repeals a duplicate section relating to incentive payments. The bill also requires the Oklahoma Tax Commission to disclose the identity of any person or entity entitled to claim or transfer any form of an income, insurance premium or bank privilege tax credits or any other tax credits used to reduce tax liability. The information subject to disclosure would include the amount of the credit, the tax type and the taxable period. After adopting the CCR, the House passed the bill and its emergency clause 100 to 0.
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CCR for SB 623, by Sen. Randy Bass, D-Lawton, and Rep. Don Armes, R-Faxon, modifies language related to the Oklahoma Film Enhancement Rebate Program, adjusting the definition of "crew." The measure decreases from $30 million to $5 million the minimum film budget allowedto qualify for a 15 percent rebate. It modifies rebate guidelines and states that Oklahoma crew requirements would not apply to production companies for which the Oklahoma Film and Music Commission determines there is a lack of available Oklahoma personnel. After adopting the CCR, the House passed the bill 95 to 3.
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CCR for SB 1, by Sen. Randy Brogdon, R-Owasso, and Rep. Paul Wesselhoft, R-Moore, creates a Taxpayer Transparency Act to require the Office of State Finance to develop and operate a searchable Web site no later than Jan. 1, 2008, by which the public can monitor any expenditure of state tax dollars. Information on expenditure of state funds would include grants, contracts, subcontracts, tax credits - excluding the child care credit and credit for taxes paid to another state - payments from the Constitutional Reserve Fund and expenditures under compacts between the governor and a federally recognized Indian tribe or nation. After adopting the CCR, the House passed the bill and its emergency clause 83 to 0.

Education

Although not discussed or debated, many representatives opposed passage of what the presenting author described as the charter school agreement. The CCR for HB 1589, by Rep. Tad Jones, R-Claremore, and Sen. Judy Eason McIntyre, D-Tulsa, modifies the Oklahoma Charter Schools Act. The language contained within the CCR is very similar to that of SB 661, by Rep. Jabar Shumate, D-Tulsa, and Eason McIntyre, which was heavily debated in the House in April. In his presentation of the bill, Shumate said the CCR contained language that was agreed to by the parties involved.
The bill allows comprehensive or regional institution that is a member of the Oklahoma State System of Higher Education to sponsor a charter school only when the school is located in a district that has an average daily membership of 5,000 or more and is located in a county having a population of more than 500,000. The sponsoring institution must have a teacher education program accredited by the Oklahoma Commission for Teacher Preparation and have a branch campus or constituent agency located within the school district. The measure states that beginning Jan. 1, 2008, no more than three new charter schools can be established each fiscal year in each county that has a population of more than 500,000. "New charter school" means an applicant that has never had a contract with a sponsor. After Jan. 1, 2008, the bill requires charter school applicants to complete at most 10 hours of training from the State Department of Education on the process and requirements for establishing a charter school. The measure states that if the a technology center school district or a higher education institution sponsors a charter school, the administrative, fiscal and oversight responsibilities of those sponsors must be listed in the contract, and none of the responsibilities can be delegated to a local school district unless the local school district agrees to assume the responsibilities. It extends from three to five years the length of contracts for charter schools. If a contract is not renewed, the charter school may submit an application to a new sponsor. The measure states that for charter schools sponsored by a technology center school district or a higher education institution, the state aid allocation for the charter school shall be distributed by the State Board of Education, and not more than 5 percent of the total allocation may be charged by the sponsor as a fee for administrative services rendered. The measure also repeals 70 O.S. 2001, Section 3-133, which relates to charter school sponsoring restrictions limiting charter sponsorship to local school districts and technology center school districts.

The previous school charter legislation would have allowed cities and local governments and the State Board of Education to sponsor charter schools. It also would have allowed four charter schools be established per year per county. The State Board of Education would have been charged with developing an application form to establishing a uniform outline for charter school applications. The conference committee's version of the legislation addresses the concerns voiced by education officials and various education organizations, Shumate said. Without questions or debate, the CCR was adopted in a 53-to-28 vote. The bill passed 57 to 34, but the emergency clause failed 55 to 29.

The House also approved a bill sponsored by House leadership that is intended to help Oklahoma college students with the price of tuition and text books. The CCR for HB 2103, by Rep. Lance Cargill, R-Harrah, Rep. Sally Kern, R-Oklahoma City, and Sen. Mike Johnson, R-Kingfisher, directs the Oklahoma State Regents for Higher Education, when determining the guaranteed tuition rates, to consider the anticipated revenue needs during the four-year period of the guarantee. Beginning with the 2008-2009 academic year, the bill directs each comprehensive or regional institution to offer resident students enrolling for the first time as an undergraduatea tuition rate that will be guaranteed for not less than four consecutive years. Students must choose whether to participate in the guaranteed tuition rate program at the time of enrollment. If the Legislature makes an appropriation for education and general operating budgets of higher education institutions that is not at least 5 percent more than the amount appropriated for the previous fiscal year, the bill allows institutions to adjust the guaranteed tuition rates.

The CCR added language requiring textbook publishers to disclose revisions from one edition to the next to college faculty, who can then determine if the changes are significant enough to require assigning the new edition. Additionally, HB 2103 would prevent textbooks from being offered only in a bundled package along with workbooks, CDs or other accessory items.

"Higher education in the state should be for all worthy students and not just a privileged few," Cargill said. The "lock-in" allowed by HB 2103 would help more students afford a college education, he said.

On the subject of college textbooks, Cargill said that students are often forced to buy the new edition of school textbooks at full price rather than using older editions at a discounted rate due to an "edition churn." In a news release, he said he wanted to put an end to publishers unfairly profiting off the backs of students. The House adopted the CCR and passed the bill in a 94-to-1 vote.

The House also passed the following education bills:
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CCR for SB 925, by Sen. Clark Jolley, R-Edmond, and Rep. Kenneth Miller, R-Edmond, creates a nine-member School Funding Formula Task Force to review the statutorily created formula for funding the public schools of this state and make recommendations regarding modernization of the formula, the ability to determine how categorical funds are expended, issues raised by recent school finance litigation and any other modifications to the formula that would enhance the state's ability to provide every child with qualityinstruction. The task force would be required to submit a report of findings and recommendations to the governor and legislature by Dec. 31, 2007. After adopting the CCR, the House passed the bill and its emergency clause 89 to 8.
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CCR for HB 1390, by Rep. Sally Kern, R-Oklahoma City, and Sen. Kathleen Wilcoxson, R-Oklahoma City, requires kindergarten through third grade teachers, before being granted a certificate renewal, to complete training in the Reading First program administered by the State Department of Education, the elementary reading professional development institute administered by the Oklahoma Commission for Teacher Preparation or a professional development program in reading aligned with scientifically based reading research guidelines that incorporates the essential components of reading instruction. The State Board of Education would determine programs that meet the requirements. The measure authorizes the Commission for Teacher Preparation to award one-year grants to public schools that implement comprehensive reading reform and systemic change. After adopting the CCR, the House passed the bill and its emergency clause 97 to 1.
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CCR for HB 1593, by Rep. Tad Jones, R-Claremore, and Sen. James Williamson, R-Tulsa, expands the eligible recipients of the State Board of Education's Academic Achievement Award program. After adopting the CCR, the House passed the bill 67 to 0, and emergency clause passed 76 to 1.

Criminal Justice

The House also passed a bill relating to sentencing provisions for sex offenders. The 2nd CCR for HB 1760, by Rep. Gus Blackwell, R-Goodwell, and Sen. Todd Lamb, R-Edmond, modifies sentencing requirements to require that any person sentenced for two or more years for violations related to certain crimes - including sexual abuse of a child, sexual exploitation of a child, assault with intent to commit a felony, child trafficking, acts of incest, crimes against nature, lewd exposure and child pornography - must serve a term of post-imprisonment supervision. Jurors must be notified that the post-imprisonment is in addition to the actual imprisonment.

The measure requires that, if someone is convicted for escaping from custody while confined or assigned to a transitional or conditional release program, they be guilty of a felony punishable by imprisonment for two to seven years. It adds a definition of "split sentence," meaning the defendant is found guilty and the court orders only a portion of the imprisonment term be served with the balance suspended and subject to conditional requirements and supervision. Before a person is released from a correctional institution and subject to the Sex Offenders Registration Act, the bill requires the Department of Corrections to determine the level of risk of the person to the community using a sex offender screening tool and establishes registration requirements in accordance to the various risk levels.

The measure requires individuals in charge of correctional institutions to notify law enforcement of the person's level of risk and requires law enforcement to publish notification, including the name, age, gender and address of the offender, the offense for which the person was registered and the numeric level of risk. The measure directs the DOC to create a six-member risk assessment review committee to provide oversight. The measure also modifies zoning restrictions, preventing a registered sex offender from residing within a 2,000-foot-radius from a church and adding language related to day care centers that locate near the residence of a registered sex offender. The measure also creates court guidelines to make a determination regarding allegations that a person is a sexually violent predator. After adopting the CCR, the House passed the bill 93 to 0.

Although HB 1760 was not debated, House members did debate a measure relating to the use of tracking devices by law enforcement. The CCR for SB 593, by Sen. Todd Lamb, R-Edmond, and Rep. Daniel Sullivan, R-Tulsa, provides for search warrants authorizing the installation or use of tracking devices in any moveable item, container, vehicle or other vessel. Rep. John Wright, R-Broken Arrow, re-iterated arguments that he lodged against the bill when it was previously heard in the House. He cited the text of the bill itself as his argument against the bill.

"Any moveable item" could mean a belt or cell phone, Wright said during his first debate on the bill in April. He explained that the bill was not specific enough to be in line with the 4th Amendment protections against unreasonable searches and seizures. Sullivan argued that the bill would give law enforcement the tools they needed to protect citizens. After adopting the CCR, the House passed the bill 79 to 19, and its emergency clause passed 81 to 16.

The House also passed the following measures related to criminal justice:
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CCR for SB 35, by Sen. Brian Crain, R-Tulsa, and Rep. Sue Tibbs, R-Tulsa, directs the Department of Public Safety to issue a distinctive license or card bearing the words "sex offender" to persons required to register pursuant to the Sex Offenders Registration Act and who is designated by the Department of Corrections to be a risk to public safety. The measure requires such persons, subject to notification by the department, to surrender the license or card within 180 days from the date of the notice. Failure to comply is punishable by cancellation of a person's license for one year. It makes continued use of a canceled license or card a misdemeanor and sets the penalty at a fine of between $25 and $200. When an individual is no longer required to register as a convicted sex offender with the Department of Corrections, the individual would be eligible to receive a driver license or identification card that does not bear the words "Sex Offender." The measure also exempts from liability DOC employees, agents and officials for failing to designate a sex offender as a risk to public safety. After adopting the CCR, the House passed the measure 90 to 3.
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CCR for SB 920, by Sen. Kenneth Corn, D-Poteau, and Rep. Rex Duncan, R-Sand Springs, changes the composition of Council on Law Enforcement Education and Training membership and appointing authorities. The measure sets qualifications for director of CLEET. It authorizes appointment of a Curriculum Review Board and increases certain education and training requirements. The bill modifies training requirements for licensed private investigators and security guards, increasing from eight to 16 the minimum number of clock hours of required attendance. It allows CLEET to issue an armed private investigator license to a private investigator that does not perform the functions of an armed security guard. The measure also authorizes CLEET to reimburse all but 20 percent of the licensing fee as a processing fee for security or investigative agencies or private security training schools that do not qualify for the license or renewal requested. After adopting the CCR, the House passed the bill and its emergencyclause 96 to 2.
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2nd CCR for HB 1776, by Rep. Mike Thompson, R-Oklahoma City, and Sen. Kenneth Corn, D-Poteau, authorizes sheriffs operating a jail to collect a jail booking fee of $10 from each inmate convicted of violation of a state law. The court clerk's office is directed to retain 5 percent of the fees for the Court Clerk Revolving Fund to cover administrative costs, and the remainder would be deposited into the Sheriff's Service Fee Account. After adopting the CCR, the House passed the bill and its emergency clause 96 to 1.
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CCR for HB 1282, by Rep. Rex Duncan, R-Sand Springs, and Sen. Richard Lerblance, D-Hartshorne, increases from $10 to $25 the civil and criminal court fee for the Oklahoma Court Information System Revolving Fund and requires collection of a $3 fee for the Office of the Attorney General Victim Services Unit. The measure also requires a criminal court fee of $3 for the Child Abuse Multidisciplinary Account. After adopting the CCR, the House passed the bill and its emergency clause 89 to 8.
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CCR for SB 523, by Sen. Susan Paddack, D-Ada, and Rep. Doug Cox, R-Grove, provides for medical and surgical care for inmates of the Department of Corrections and repealing earlier provision of related law. The cost savings of the bill is estimated to be between $1 million and $2.5 million, Cox said. After adopting the CCR, the House passed the bill and its emergency clause 100 to 0.
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CCR for SB 659, by Sen. Harry Coates, R-Seminole, and Rep. Rex Duncan, R-Sand Springs, expands the misdemeanor offense for actions associated with the wearing of a mask, hood or covering. It makes it a misdemeanor to wear a mask, hood or covering during the commission of a crime or for the purpose of coercion, intimidation or harassment. After adopting the CCR, the House passed the bill and its emergency clause 95 to 3.

The House also passed the following measures:

Revenue and Taxation

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CCR for HB 1094, by Rep. Greg Piatt, R-Ardmore, Rep. Earl Sears, R-Bartlesville, and Sen. Johnnie Crutchfield, D-Ardmore, exempts group homes for mentally disabled individuals from taxes levied pursuant to the Oklahoma Charitable Games Act. The measure also exempts such organizations from sales tax on the purchase of charity game equipment. After adopting the CCR, the House passed the bill and its emergency clause 99 to 0.
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CCR for HB 1562, by Rep. Lee Denney, R-Cushing, Sen. Owen Laughlin, R-Woodward, and Sen. James Williamson, R-Tulsa, exempts from ad valorem taxation non-profit continuum of care retirement community housing facilities constructed prior to Jan. 1, 2006; for facilities in which construction was completed on or after Jan. 1, 2006; and for facilities partially or fully constructed prior to Jan. 1, 2006, in any county regardless of population. After adopting the CCR, the House passed the bill 85 to 4.
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2nd CCR for SB 1021, by Sen. Brian Bingman, R-Sapulpa, and Rep. Mark McCullough, R-Sapulpa, prohibits cities with a population of 5,000 or less and located within a county with a population of 200,000 or less from annexing territory without consent, and written consent would be required to annex any tract of land used primarily for agricultural or ranching purposes. It provides similar language applicable to towns. The measure exempts tracts of land in excess of 40 acres that are annexed to a municipality and used for industrial or commercial purposes from ad valorem taxes at the municipal rate. In addition, the bill provides that tracts of land with a width no greater than 326 feet at the widest point that are annexed to a municipality would not be subject to ad valorem taxes at the municipal rate or taxed at a greater rate than the land adjacent to, but outside, the municipal or town limits unless the tracts are annexed. After adopting the CCR, the House passed the bill 77 to 21. Rep. Mike Shelton, D-Oklahoma City, served notice that he may move to reconsider the vote on the bill.
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CCR for SB 798, by Sen. Jay Paul Gumm, D-Durant, and Rep. Greg Piatt, R-Ardmore, exempts from ad valorem taxation distribution facilities that meet the following qualifications: construction with an initial capital investment of at least $5 million to be completed within three years, employment of at least 100 full-time-equivalent employees and payment of wages that equals or exceeds 175 percent of the federally mandated minimum wage. After adopting the CCR, the House passed the bill 92 to 1.
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CCR for HB 1761, by Rep. Gus Blackwell, R-Goodwell, and Sen. Owen Laughlin, R-Woodward, directs the State Treasurer to transfer from the General Revenue Fund an amount equal to the monies accruing in the Public Building Fund on or before July 15 of every year to the State Land Reimbursement Fund. It modifies language declaring that each county receive a portion of the fund equal to the amount of ad valorem tax revenue which would have been received in the county if the state-owned land was not exempt from ad valorem taxation as determined by the county assessor. Each county assessor is to prepare reports listing the legal description, number of acres, taxable value, tax rate and property tax amount for each property eligible under the law. After adopting the CCR, the House passed the bill and its emergency clause 91 to 0.
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CCR for HB 1544, by Rep. Susan Winchester, R-Chickasha, and Sen. Cliff Branan, R-Oklahoma City, authorizes a sales tax exemption on the sales of certain consumer electronic goods to businesses primarily engaged in the repair of such goods, including cell phones, CD players, personal computers and MP3 players. After adopting the CCR, the House passed the bill and its emergency clause 91 to 5.

Health Care

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CCR for HB 1580, by Rep. Ron Peters, R-Tulsa, and Sen. John Ford, R-Bartlesville, requires the Department of Health to establish licensure requirements for companion or sitter services and directs the department to investigate complaints against such services, which are intended to enable an individual to remain safely and comfortably in their home in exchange for consideration. Violators of the bills provisions would be guilty of a misdemeanor punishable by a $5,000 fine and/or imprisonment of not more than six months. After adopting the CCR, the House passed the bill 96 to 0.
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2nd CCR for SB 1054, by Sen. James Williamson, R-Tulsa, and Rep. Ron Peters, R-Tulsa, expands requirements for inquiries to determine whether a person is suitable to serve as a guardian, to include a determination whether the proposed guardian and each adult household member has a record of a criminal conviction, protective order or pending criminal charge. The measure requires the petitioner to present to the court an Oklahoma State Bureau of Investigation criminal background check evidencing no record of abuse or neglect for the proposed guardian or any adult household member and to disclose the case name and status of any civil or criminal matter in state or federal court involving the proposed guardian or any adult household member. After adopting the CCR, the House passed the bill and its emergency clause 98 to 0.
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CCR for HB 1895, by Rep. Richard Morrissette, D-Oklahoma City, and Sen. Roger Ballenger, D-Okmulgee, creates a 22-member Oklahoma Youth and Gang Violence Coordinating Council until Feb. 1, 2010, to coordinate Oklahoma's response to gang activity and violence by reviewing and assessing the current suppression, intervention and prevention efforts to reduce gang activity and violence in Oklahoma. The council would be required to make recommendations regarding the funding of the programs and to study and make recommendations on developing strategies that will assist in safeguarding communities against youth gang activities and provide support and supervision to present and potential gang members. The council is to complete its report by Feb. 1, 2008. The bill requires entities receiving Delinquency and Youth Gang Intervention and Prevention grants to work with local community leaders, neighborhood associations, direct service providers, local school officials, law enforcement and other stakeholders to create a local youth and gang violence coordinating council to facilitate the implementation of the program. After adopting the CCR, the House passed the bill and its emergency clause 99 to 0.
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CCR for SB 424, by Sen. Tom Adelson, D-Tulsa, and Rep. Doug Cox, R-Grove, creates the "All Kids Act" to require the Oklahoma Health Care Authority to establish a program to provide medical coverage assistance to children 18 years of age and younger whose family income between 185 percent and 300 percent of the federal poverty level. The measure requires OHCA to provide assistance to families in gaining health care benefits for children in the program by offering subsidies toward the cost of privately sponsored health insurance, including employer-sponsored health insurance provided through the state's premium assistance program. If privately sponsored health insurance is not available, the authority could allow applicants to purchase access to the state-administered health care benefit under the premium assistance program. OHCA would be authorized to offer partial coverage to children who are enrolled in a high-deductible private health insurance plan or to offer a limited package of benefits to children in families who have private or employer-sponsored health insurance coverage that does not cover certain benefits, including dental or vision benefits. After adopting the CCR, the House passed the bill and its emergency clause 68 to 27.

Motor Vehicles and Transportation:

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2nd CCR for HB 1819, by Rep. Scott Martin, R-Norman, and Sen. Cliff Branan, R-Oklahoma City, modifies the distance limitation for highway construction projects that constitute surface treatments only, limiting advertisement for bids to sections no longer than 20 miles, as well as bids on the project as a whole. After adopting the CCR, the House passed the bill and its emergency clause 86 to 10.
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CCR for HB 1916, by Rep. Phil Richardson, R-Minco, and Sen. Ron Justice,R-Chickasha, exempts aboveground storage tanks from certain requirements until the Corporation Commission promulgates new rules. It also provides an exemption from the motor fuel tax for biofuel and biodeisel produced by an individual with crops grown on his/her own property and used in a vehicle owned by the same individual on public roads and highways of the state. The measure also implements a .104 cent per gallon tax on biodiesel which is contained in motor fuel until June 30, 2009. After adopting the CCR, the House passed the bill and its emergency clause 90 to 8.
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CCR for HB 2051, by Rep. Larry Glenn, D-Miami, and Sen. Earl Garrison, D-Muskogee, allows registration of antique or classic vehicles for a 10-year period, with the 10-year registration fee set at $75. The motor license agent registering the antique or classic vehicle for a 10-year period would receive 100 percent of the fees the motor license agent would have otherwise received if the antique or classic vehicle had been registered on an annual basis. The bill also creates Oklahoma Realtors license plates and requires that $20 of the fee collected be transmitted to the Oklahoma Housing Foundation Fund. After adopting the CCR, the House passed the bill 98 to 0.
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2nd CCR for SB 86, by Sen. David Myers, R-Ponca City, and Rep. Ron Peterson, R-Broken Arrow, modifies the definition of electric-assisted bicycle to increase the maximum speed capacity from 20 miles per hour to 30 miles per hour. It modifies the definition of motorized bicycle to increase from 50 cubic centimeters 150 cu cm the piston or rotor displacement of the combustion engine. The measure modifies the definition of personal information, for purposes of privacy of motor vehicle registration, to mean information that identifies an individual, including an individual's photograph, social security number, driver identification number, name, address (excluding the five-digit zip code), telephone number and medical or disability information but does not include information on vehicular accidents, driving violations and driver's status. It specifies circumstances under which such information will be disclosed. After adopting the CCR, the House passed the bill 99 to 0.
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CCR for HB 1941, by Rep. Ryan McMullen, D-Burns Flat, and Sen. Thomas Ivester, D-Sayre, renames the "Luke James Memorial Highway" as the "2nd Lt. Luke James Memorial Highway" and renames State Highway 54 from the junction with State Highway 152 to the junction with State Highway 62 as the "Senator Byron Dacus Memorial Highway." The bill also designates a portion of U.S. Highway 60 between Arnett and Harmon as the "Donald J. Gott Memorial Highway." It renames the bridge across Clear Boggy Creek on State Highway 31 the "Harley Leaird Memorial Bridge." It designates the bridge on State Highway 31, 2.8 miles east of the intersection of State Highway 31 and State Highway 48 as "Joseph Sevier Memorial Bridge." It renames the bridge on SH-31, 2.5 miles east of the intersection of SH-31 and SH-48 as the "Lonnie Duke Memorial Bridge." It also renames a section of SH-136 extending north from the junction of SH-136 and SH-3 to the Kansas state line as the "Spc. Joshua Pearce Memorial Highway." After adopting the CCR, the House passed the bill 93 to 6.

Retirement

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CCR for SB 859, by Sen. Don Barrington, R-Lawton, and Rep. Charles Joyner, R-Midwest City, modifies eligibility for participation in the Oklahoma Firefighters Deferred Option Plan. After adopting the CCR, the House passed the bill and its emergency clause 99 to 0.
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CCR for SB 1092, by Sen. Mike Mazzei, R-Bixby, and Rep. Tad Jones, R-Claremore, increases employer contribution rates to 8.75 percent beginning July 1, 2009, for members of the Teachers' Retirement System of Oklahoma. After adopting the CCR, the House passed the bill and its emergency clause 99 to 0.
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CCR for SB 1112, by Sen. Mike Mazzei, R-Bixby, and Rep. Tad Jones, R-Claremore, specifies the computation rate and factor for elected officials who are members of the Oklahoma PublicEmployees Retirement System. After adopting the CCR, the House passed the bill and its emergency clause 92 to 0.

The House also adopted HR 1034, as amended, by Rep. Jerry Ellis, D-Valliant, which expresses confidence in the Oklahoma Attorney General and encourages him to defend water resources. Attempts were made to debate against the resolution, but the measure was moved past debate. HR 1034 was adopted in a vote of 77 to 19.

The House was set to reconvene at 10 a.m. Friday, when members must conclude its business and adjourn the first year of the 51st Legislature.
 

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