OK-Week in Review: Legislature extends deadline, sine dies Wednesday
Author:  Erin Boeckman 
Date:  05/27/2009

(OK) After the Senate spent approximately four hours at a standstill over a bill to create the position of a chief information officer on Friday, senators reconvened only to push back its scheduled sine die deadline. Senators returned to the Capitol to complete their work Tuesday and moved to sine die adjourn effective 10 a.m. Wednesday. The House considered legislation into the evening hours Friday, finishing its work without officially adjourning. Four members of the House returned on Wednesday to officially sine die adjourn effective at 10 a.m.

Chief information officer proposal brings Senate to a halt, eventually wins approval

The bill that brought the Senate to a standstill and brought debate in the House Friday was a proposal to create the position of chief information officer. After the proposal failed in the Senate Friday, the language, contained within a different vehicle, passed the House Friday and received sufficient support to pass the Senate Tuesday.

The bill before the Senate was SB 980, by Senate President Pro Tempore Glenn Coffee, R-Oklahoma City, and Rep. David Derby, R-Owasso. As presented to the Senate, the bill creates the Oklahoma Information Services Act and the position of chief information officer, to be appointed by the governor, to have authority over the Information Services Division of the Office of State Finance.

After discussion and debate on the measure, Democrats quickly voted against the bill, as did Sen. Harry Coates, R-Seminole. Two members were absent: Sen. Mary Easley, D-Tulsa, and Sen. Steven Russell, R-Oklahoma City. The vote stood at 24 to 22, with all members present voting at 10:40 a.m. Twenty-five votes are needed to pass a bill. Sen. Jim Reynolds, R-Oklahoma City, withdrew his aye vote, as did Majority Floor Leader Todd Lamb, R-Edmond, allowing the vote to set at 22 to 22 as the rolls were held open until just after 2:30 p.m. At that time, Lamb recast his vote, and SB 980 was allowed to fail 23 to 22.

This series of events led to the Senate's passage of SCR 33, by Coffee and House Speaker Chris Benge, R-Tulsa, which states that the Senate and House rescind the proposed sine die adjournment date of May 22 at 5 p.m. as contained in SCR 12. It states that the House and Senate will adjourn sine die at a time to be declared by the presiding officer of the respective chambers, but in no case later than Wednesday, May 27, at 11:59 p.m.

After passing this resolution, the Senate adjourned.

Meanwhile, the House was still in session, having convened at 9:30 a.m. Members continued working until almost 9:30 p.m. Friday, having adopted SCR 33 despite the objections of House Democrats, and passed another version of the CIO proposal.

After the Senate failed to do so, the House Friday evening passed the proposal to create the position of CIO.

Rather than SB 980, or even HB 1704, which was the previous House version of the proposal, the House Friday evening considered HB 1170, which was previously a budget shell bill. The conference committee report, by Coffee and Rep. David Derby, R-Owasso, contained the same language as HB 1704. It also contains language excluding institutions of higher education, the Oklahoma State Regents for Higher Education and OneNet from the provisions of the Oklahoma Information Services Act, which was a matter of contention for some legislators who said they were worried the education institutions would be at a disadvantage if forced to comply with different technology requirements.

As presented by Derby, HB 1170 states that the CIO is to serve as secretary of information technology and telecommunications. It sets the salary of the CIO at not less than $130,000 and not more than $160,000. It requires the first CIO to be appointed by Jan. 1, 2010. It establishes criteria for selection of a CIO. The bill also requires the CIO to complete within 12 months of appointment an assessment of the implementation of the transfer, coordination and modernization of all information technology and telecommunications systems of all state agencies in the state. The assessment is to include a study of all institutions within the Oklahoma State System of Higher Education, the Oklahoma State Regents for Higher Education, OneNet and the Department of Human Services. It also requires the CIO to issue a report setting out a plan of action to be presented to the governor, House speaker and Senate president pro tempore. It allows the CIO to contract with private consultants to assist in the assessment and development of a plan of action report. It sets forth the duties of the Information Services Division of OSF.

The measure requires the CIO to receive the approval of the State Governmental Technology Applications Review Board before implementing the plan of action, and it requires the board to oversee implementation of the plan. The measure also states that the net savings realized through the reallocation and consolidation of information technology and telecommunications resources and personnel must be realized within two years from the appointment of the CIO and is to be at a minimum not less than 15 percent of the overall statewide information technology and telecommunications expenditures made by all state agencies during fiscal year 2009. It directs the CIO to act as the information technology and telecommunications purchasing director for all state agencies. It subjects the CIO and the Information Services Division of OSF to the Oklahoma Central Purchasing Act and the Public Competitive Bidding Act of 1974, the Oklahoma Lighting Energy Conservation Act and the Public Building Construction and Planning Act. The measure also decreases from $25,000 to $10,000 the maximum amount of state funds executive branch agencies may use on computer hardware, software or any contract for information technology services or equipment without written authorization from the CIO.

The bill also modifies the definition of "Capitol Complex" as it relates to installation of communication and intercommunications to include buildings that house state agencies located within 4 miles of the Capitol Complex and any location used for the administration of the information technology and telecommunications infrastructure and security for the state. It directs the Information Services Division of OSF to manage the installation, maintenance and administration of the state portal system. It prohibits state agencies, boards, commissions or other authorities from entering into agreements for development of, enhancement to or maintenance of an electronic portal system without the written authorization of the Information Services Division. It also changes reference to the State Governmental Internet Applications Review Board to the State Governmental Technology Applications Review Board, the authority of which is to include oversight for implementation of the plan of action developed by the CIO. It also modifies membership of the board. It also modifies membership of the Electronic and Information Technology Accessibility Advisory Council to include the CIO rather than the director of OSF. The bill also repeals language relating to the creation of a Task Force for the Study of Computer Information Officers.

The motives behind pushing through the CIO proposal were questioned by some House Democrats. Rep. Ryan Kiesel, D-Seminole, said that if the language of HB 1170 was important enough for the Senate to spend more than three hours with the voting rolls open, then it was important enough to cause House members to have serious concerns about the motives behind it, he said. If the proposal were so important, it could be delayed until next year instead of extending the legislative session and costing taxpayers money, said Rep. Scott Inman, D-Del City.

The conference committee for the report initially was adopted 51 to 38. However, the House's voting machine had to be rebooted, and the vote on the CCR had to be redone. The second time around, the CCR passed in a vote of 52 to 36. The bill passed 52 to 38.

Late Tuesday morning, the Senate revived the issue, approving it in a 25-to-23 vote and sending it on to the governor's office after nearly two hours of discussion and debate.

Although the proposal contained within HB 1170 was given a failing vote on Friday, under a waiver issued by Coffee, the Senate was allowed to revive the defeated language to once again consider the CIO proposal.

Unlike Friday when it was subject to only a few questions and limited debate, the CIO proposal contained within HB 1170 brought many questions and debate on the Senate floor Tuesday. Members asked questions ranging from the impact a new governor could have on the appointment of the CIO - and the political implications - to whether the effect of the bill on establishing an interoperable communications for the state to the awarding of technology contracts.

In response to questions regarding Friday's actions that led to the extension of session to consider the CIO bill, Sen. Clark Jolley, R-Edmond, who presented the bill, said the bill was important because it would bring "tens of millions of dollars" of savings to the state.

That claim was questioned by Sen. Tom Adelson, D-Tulsa, who argued that the bill did little more than shift boxes within the Office of State Finance's organizational chart.

"I don't understand how shifting boxes around is going to produce any kind of savings," Adelson said.

But, Jolley maintained, "This is not about big government. This is not about smaller government. This is about efficient government."

Legislature approves general appropriations bill

On Wednesday and Thursday, the Senate and House approved the general appropriations bill for fiscal year 2010, which contains almost $7 billion to fund state government.

In a vote of 46 to 1 in the Senate and 92 to 7 in the House, SB 216 was approved and sent to the governor's office. The bill, by Sen. Mike Johnson, R-Kingfisher, Sen. David Myers, R-Ponca City, Rep. Scott Martin, R-Norman, and Rep. Kenneth Miller, R-Edmond, appropriates $6.57 billion of state and federal stimulus funds to state agencies, boards and commissions.

The conference committee report on the bill was delayed for almost three hours Thursday afternoon and passed in a somewhat narrow vote of 55 to 42 in the House when Democrats attempted to inject money from the House's carryover fund, what they referred to as the House's "slush fund" for the Oklahoma Military Department and the Department of Public Safety. It also was intended to provide funds to the Employees Benefits Council to provide insurance coverage for state employees and dependents with autism. Efforts to reject the CCR and send the bill back to conference to include the offered language failed.

Some members also objected to the process that brought about the budget agreement, with Miller maintaining that it represented an agreement among legislative leaders and the governor's office. It was not perfect, he said.

When first considered in the Senate Wednesday, Sen. Randy Brogdon, R-Owasso, cast the lone vote in opposition. He opposed the inclusion of federal stimulus dollars.

Other senators opposed specific allocations, such as the funding levels for the Department of Human Services and the last-minute agreement reached Monday on funding for the Rural Economic Action Plan.

Henry signs tort reform legislation

While the governor on Thursday signed this year's comprehensive tort reform bill, another measure proposing Senate confirmation of Workers Compensation Court judges is headed for the ballot for voters to decide.

Gov. Brad Henry on Thursday signed into law what he called "perhaps the most comprehensive tort reform measure in state history."

"This legislation enacts reasonable and responsible reforms that improve the civil justice system without impairing a citizen's constitutional right to have his or her legitimate grievances appropriately addressed in court," Henry said in a press release after signing the bill Thursday. "It is perhaps the most comprehensive tort reform measure in state history, and I want to thank all the parties who were involved in crafting this bipartisan legislation. Now it is time to put this issue behind us and give the new reforms an opportunity to work."

The bill, HB 1603, by Rep. Daniel Sullivan, R-Tulsa, and Senate President Pro Tempore Glenn Coffee, R-Oklahoma City, creates the Comprehensive Lawsuit Reform Act of 2009.

HB 1603 reflects a compromise struck among legislative leaders, representatives of the trial bar and mineral owners.

Coffee, who has been a proponent of lawsuit reform for several years, said the significance of the governor's signing of HB 1603 could not be understated.

"I've committed my 10 years in the Senate to bringing a more favorable business climate to Oklahoma, and the ratification of HB 1603 is a giant step in the right direction," he said in a news release.

Sullivan said he was happy to see the governor finally agree to sign comprehensive tort reform into law.

"By enacting lawsuit reform, we will be telling the business and medical communities that we welcome them and do not see them as a mark for future litigation," he said in a news release. "All Oklahomans will benefit from reform to our civil justice system."

HB 1603 states that in any civil action for professional negligence, the plaintiff must attach to the petition an affidavit that includes a written opinion from a qualified expert that the claim has merit. If such an affidavit is not filed, a court may dismiss the petition without prejudice. It sets forth procedures for a plaintiff to request an indigency exemption from providing an affidavit of merit. It requires such person to submit an appropriate application and a nonrefundable application fee of $40. It allows a court to defer all or part of the fee. It directs the Supreme Court to promulgate rules governing determination of indigency by Dec. 1, 2009. The measure also states that a court may decline to exercise jurisdiction and stay, transfer or dismiss the action if it is in the best interest of justice and the convenience of the parties. It allows actions to be dismissed by the plaintiff without court order by filing a notice of dismissal at any time before service by the adverse party of an answer or motion for summary judgment, whichever is first, or filing a stipulation for dismissal signed by all parties appearing in the action. It states that if a plaintiff files a notice of dismissal after discovery has commenced, the action will not be dismissed without prejudice without the consent of the defendant.

The bill also modifies the language related to prejudgment interest, stating that beginning Nov. 1, 2009, prejudgment interest shall begin to accrue 24 months after the suit resulting in the judgment was commenced. It directs that postjudgment and prejudgment interest be calculated using a rate equal to the average U.S. Treasury Bill rate of the preceding calendar year. It allows parties to obtain a stay of enforcement of a judgment, decree or final order during the time in which an appeal may be commenced or while an appeal is pending in any court inside or outside of the state. It also prohibits bonds filed when seeking a stay of enforcement from exceeding $25 million. The measure exempts appeals of punitive damages from an appeal bond requirement. The measure adds language related to Medicaid reducing its recovery to take account of the cost of procuring the judgment or settlement, setting forth procedures for the Oklahoma Health Care Authority to seek recovery. The measure sets forth language related to computation of the recovery if a Medicaid payment is less than the judgment or settlement amount and computation of the recovery if Medicaid payments equal or exceed the judgment or settlement amount. It places an additional cap of 10 percent of the net worth of the judgment debtor on bonds in any action or litigation brought involving a signatory, successor of a signatory or affiliate of a signatory of the Master Settlement Agreement or the Smokeless Tobacco Master Settlement Agreement.

The bill modifies language related to claims for relief, changing reference from $10,000 to a section of law under the U.S. Code. It prohibits damages sought in excess of $10,000 but less than that set forth in the U.S. Code from exceeding the amount set forth in the pleadings, unless a good-faith-based change in circumstances arises. The bill modifies the definition of "frivolous" for purposes of a court's determination of whether a claim is frivolous. It modifies language related to filings of class actions. It requires a court order determining a class action entered on or after Nov. 1, 2009, to define the class and the class claims, issues or defenses and appoint class counsel. It states that such orders are subject to a de novo standard of review by an appellate court reviewing the order. For certified classes, the court may direct appropriate notice to the class. It limits class membership on actions filed after Nov. 1, 209, to individuals or entities who are residents of the state or non residents who own an interest in property in the state that is relevant to the action or who have a significant portion of the nonresident's cause of action arising from conduct within the state. The measure also modifies language related to dismissal or compromise in class actions, stating that claims, issues or defenses of a certified class may be settled, dismissed or compromised only with the court's approval. It sets forth procedures for such motions filed after Nov. 1, 2009. It also sets forth new language regarding class counsel, stating that a court-certified class must appoint counsel. It allows a court to award reasonable attorney fees and nontaxable costs in a certified class action. The bill also modifies language related to opinion testimony, allowing a qualified expert to testify in the form of an opinion if the testimony is based on sufficient facts or data, is the product of reliable principles and methods and if the witness has applied the principles and methods reliably to the facts of the case. The measure modifies language related to joint and several liability. It makes inapplicable a requirement that a defendant be joint and severally liable for damages if the percentage of responsibility attributed to the defendant is greater than 50 percent on actions brought by or on behalf of the state. It removes language that previously exempted political subdivisions of the state and actions in which no comparative negligence was found to be attributable to the plaintiff.

The bill also states that in any civil action arising from a claimed bodily injury, there is no limitation on an award for economic loss. It also modifies the cap on noneconomic damages, instituting a $400,000 cap on noneconomic damages for civil actions arising from a claimed bodily injury, regardless of the number of parties against whom the action is brought or the number of actions brought. The measure also states that upon establishment of a Health Care Indemnity Fund, any damages awarded that exceed the $400,000 limitation are to be paid from the fund; however, such provision does not apply to any action that accrues before the date of enactment of the fund, which is to be established pursuant to the recommendations of a task force. The fund is to include professional liability insurance coverage requirements in an amount no less than $1 million for physicians and maintain availability of $20 million annually. The measure states legislative intent to purchase reinsurance of up to $20 million to cover judgments through the fund. It states that there is no limit on noneconomic damages that may be awarded in civil actions arising from a claimed bodily injury resulting from professional negligence against a physician if a judge and jury finds by clear and convincing evidence that the plaintiff or injured person suffered permanent and substantial physical abnormality or disfigurement, loss of use of a limb, loss of or substantial impairment to a major body organ or system; or the plaintiff or injured person has suffered permanent and physical functional injury that prevents him/her from being able to independently care for himself/herself and perform life sustaining activities; or the defendant's acts or failures to act were in reckless disregard for the rights of others, grossly negligent, fraudulent or intentional or with malice. It places no limit on the amount of noneconomic damages that may be awarded in an action arising from claimed bodily injury not resulting from professional negligence against a physician if it is found by a preponderance of the evidence that one of the three previous scenarios existed. It also sets forth guidelines for the court to enter judgments for economic damages and noneconomic damages. In jury-tried actions, the jury is not to be instructed with regard to the limit on noneconomic damages. It states that the limits are not to apply to actions brought under the Governmental Tort Claims Act or actions for wrongful death. The measure also creates an eight-member Health Care Indemnity Fund Task Force to study a mechanism for creating a health care indemnity fund to pay a portion of damages awarded by a court or settled and approved by a court in professional negligence cases against physicians. It requires the task force to report its findings to the Senate president pro tempore and House speaker by May 1, 2011. It removes the language related to admission of evidence of a remarriage or social situation of a surviving spouse of a decedent in actions to recover damages for injuries resulting in death.

The bill modifies the language related to evidence of violations of child passenger restraint system requirements, allowing admission of such evidence in a civil action or proceeding for damages unless the plaintiff is a child under age 16. It prohibits peer review information discovered pursuant to a claim of independent negligence against a health care facility from being used as evidence unless a judge or jury first find the professional to have been negligent in providing health care to the patient in the facility. It allows credentialing and recredentialing data to be used if the civil action claims alleges the health care facility was independently negligent as a result of permitting the health care professional to provide services. The bill creates the Uniform Emergency Volunteer Health Practitioners Act, allowing the Department of Health to limit, restrict or otherwise regulate the duration of practice, geographical areas, types of practice and any other matters of volunteer health practitioners. It allows volunteer health practitioners registered with a registration system and who is licensed and good standing to practice in Oklahoma while an emergency declaration is in effect.

The measure creates a Common Sense Consumption Act, the intent of which is to prevent frivolous lawsuits against manufacturers, packers, distributors, carriers, holders, sellers, marketers or advertisers of food products that comply with statutory and regulatory requirements. It states that no firearm manufacturer, distributor or seller who lawfully manufactures, distributes or sells firearms is liable to a person or entity, or to the estate, successors or survivors of either, for any injuries suffered, including wrongful death and property damage, because of the use of a firearm by another. It states a legislative finding that the unlawful use of firearms, rather than their lawful manufacture, distribution or sale, is the proximate cause of any injury arising from their unlawful use. It prevents an association from being liable to any person or entity for any injury suffered, including wrongful death and property damage, because of the use of a firearm sold or manufactured by any licensee who is a member of the association. The measure modifies language related to product liability, stating that a manufacturer or seller is not liable if the product is inherently unsafe and known to be unsafe by the ordinary consumer.

The bill also creates the Asbestos and Silica Claims Priorities Act, establishing elements of proof for asbestos or silica claims, requiring a claimant in any civil action alleging an asbestos or silica claim to file a detailed narrative medical report and diagnosis with a claim. It requires such claimants with pending claims on Nov. 1, 2009, to file the written medical report and supporting test results within 180 days of Nov. 1, 2009, or within 60 days prior to the commencement of a trial, whichever comes first. It sets forth information that must be included in new asbestos or silica claims. It requires all asbestos and silica claims to be filed individually and prohibits claims on behalf of a group or class of persons. It sets forth other guidelines governing asbestos and silica claims. The bill also creates the Innocent Successor Asbestos-Related Liability Fairness Act, limiting the cumulative successor asbestos-related liabilities of an innocent successor corporation to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. It adds language relating to the Oklahoma Livestock Activities Liability Limitation Act, adding language related to agritourism activities. The measure also repeals language related to expert affidavits in medical liability actions, prejudgment interest and emergency powers regarding licensing and appointment of health personnel. It makes provisions of the bill severable, providing that if any part or provision is held void, it does not affect or impair the remaining parts or provisions.

Workers' comp court reform goes to ballot

The House on Monday and the Senate on Tuesday approved another ballot measure in response to a veto from the governor.

HJR 1041, by House Speaker Chris Benge, R-Tulsa, and Sen. Clark Jolley, R-Edmond, proposes a constitutional amendment related to the appointment of judges. It requires the Senate's advice and consent on appointments to the Workers' Compensation Court.

The joint resolution counteracts the veto of SB 609, by Sen. Todd Lamb, R-Edmond, and Rep. Daniel Sullivan, R-Tulsa, which, among other things, would have required that nominees to the Workers' Compensation Court be subject to confirmation by a majority of the Senate. The bill provides that if the Senate is not in session when the appointment is made that it must confirm the appointment during its next regular session. In the event the Senate fails to confirm a governor's appointment, the bill would have required the governor to ask the Judicial Nominating Commission for the names of three persons, which cannot include the name of the candidate not confirmed, one of which must be submitted to the Senate for confirmation within 30 days of the receipt of the nominees by the governor.

In a news release announcing the veto, Gov. Brad Henry said the bill "would have modeled Oklahoma's judicial selection process after the highly partisan system in Washington D.C.," which was also an argument brought against HJR 1041.

Rep. Scott Inman, D-Del City, said HJR 1041 would institute a Washington D.C.-style judicial nomination process that is too political and allows nominations to be tied up in partisan bickering by a handful of lawmakers.

"You have a choice," Inman said. "Run the Washington style of judicial nominating or continue to do it the way Oklahoma has done it for years."

Sullivan, who presented HJR 1041, maintained that the resolution would help ensure that injured workers appear before judges that are approved by their representative government.

Senate Democrats also expressed concern that the measure would inject more politics into the judicial approval process.

"I don't think we should be playing politics with people's lives that way," said Sen. Kenneth Corn, D-Howe. "If we get in a fight on the confirmation of judges and we lessen the number of judges on the bench, we are only going to backlog those cases."

Lamb has said previously that Senate confirmation of workers' comp judges would be a first step in reforming a workers' compensation system that is in need of an overhaul.

"Politics are removed from the judicial nominating process through this legislation by promoting a checks and balances system, just as our founding fathers intended," Lamb said in a news release about SB 609.

Governor approves placement of Ten Commandments monument

The governor began the week by signing into law a proposal that had been the subject of some debate in the House and Senate: legislation directing the placement of a Ten Commandments monument on state Capitol grounds.

On Monday, Gov. Brad Henry signed into law HB 1330, by Rep. Mike Ritze, R-Broken Arrow, and Sen. Randy Brogdon, R-Owasso. The bill creates the Ten Commandments Monument Display Act, authorizing the State Capitol Preservation Commission or its designee to permit and arrange for the placement of a suitable monument displaying the Ten Commandments on the state Capitol grounds. The bill directs that the design and construction of the monument be done by private entities at no expense to the state. It authorizes the attorney general or the Liberty Legal Institute to defend placement of the Ten Commandments, if challenged in court.

When last before the House, the bill passed 83 to 2. While there was no debate on the final version of HB 1330 when it was before the House, there was debate when it was previously before the House. Specifically, some legislators questioned the sectarian versus the religious nature of the Ten Commandments. The same questions were posed in the Senate, where it passed 38 to 8.

In a news release after the bill's signing, Brogdon said, "There is a historical context for the Ten Commandments, in that its laws influenced America's founding fathers and the laws of Oklahoma. Historically, the commandments have had a profound impact on the laws of our government."

Ritze, too, issued a news release saying the monument would re-emphasize the history and heritage of the country's legal system.

The bill will become effective on Nov. 1.

Pet breeder regulations remain in committee

After two attempts to pass the bill through the Senate General Conference Committee on Appropriations, legislation proposing regulations for pet breeders failed to win sufficient support before the closure of the 2009 legislative session.

On May 19, the Oklahoma Pet Quality Assurance and Protection Act failed to gain enough signatures to pass out of Senate GCCA. Two days later on May 21, the bill was reported out as "conferees do not agree."

The bill, HB 1332, by Rep. Lee Denney, R-Cushing, and Sen. Cliff Branan, R-Oklahoma City, creates the Oklahoma Pet Quality Assurance and Protection Act to be administered by the Department of Agriculture, Food and Forestry, making it unlawful for a person to sell, give away or transfer a cumulative total of 35 or more dogs or cats, or combination thereof, in any calendar year directly to any person without first obtaining a pet quality assurance license. It directs the state veterinarian to appoint a rule advisory committee to act as advisors to the State Board of Agriculture in the formation of rules under the Oklahoma Pet Quality Assurance and Protection Act. It exempts municipal and county animal shelters from the licensing provisions of the act, but allows them to voluntarily obtain pet quality assurance licenses. It requires any person holding such license to conspicuously display the license on the premises where the dogs or cats are kept and sold.

The bill directs the State Board of Agriculture to promulgate rules to implement the act and charge fees for licenses. It also authorizes the board to enter any premises or form of transportation during reasonable hours to implement the act. It makes records received by the Department of Agriculture, Food and Forestry under the act open records and available for public inspection. It prohibits a pet quality assurance license from being issued under certain circumstances. The bill also creates the Pet Quality Assurance Enforcement Fund. It states that noncompliance with the act's requirements or enacted rules can constitute grounds for denial of a license or license renewal, imposition of a fine or license suspension or revocation. It states that when a pet quality assurance license is revoked, suspended or not renewed, a district court can order the seizure and impounding of dogs and cats in possession or care of the licensee. It prohibits pet quality assurance licensees from selling, giving away or transferring ownership of any dog or cat unless it is six weeks old. It requires licensees to maintain certain records.

The conference committee report for the bill would have added language to permit individuals who sell, give away or transfer a cumulative total of fewer than 35 dogs or cats, or combination thereof, to obtain a pet qualify assurance license. The CCR also would have allowed the department to issue a temporary permit to a person applying for license, which allows the person to operate until the person is able to complete the licensing process. The CCR also would have authorized the department to establish a tiered system of fees not to exceed $500 based on the quantity of dogs and cats sold, given away or transferred in a calendar year and other factors deemed relevant by the department. The CCR would have made implementation of the act contingent on the availability of funds.

When it was initially presented to the Senate GCCA, Branan argued that it would establish minimum state standards for the operation of dog and cat breeding facilities in the state. Opponents of the bill, including Sen. Jay Paul Gumm, D-Durant, said it would not solve the problem of puppy mills in Oklahoma.

The bill will carry over into the 2010 legislative session.

[Editor's Note: eCapitol's staff writers contributed to this story.]

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