Governor Signs Scholarship Bill

Supporters praised Gov. Brad Henry for signing a bill yesterday providing scholarships to special needs students.


“This is a great day for Oklahoma families with special needs children,” said state Rep. Jason Nelson, R-Oklahoma City. “For those families, this bill is a chance at a better education and a better life.”

HB 3393, by Nelson and state Sen. Patrick Anderson, would allow students with disabilities who have an individualized education program (IEP) to qualify for a scholarship to attend any public or private school that meets the accreditation requirements of the State Board of Education.

The legislation had strong support from many families of children with autism.

The legislation has been named the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act to honor the memory of the governor’s daughter, who died of a rare neuromuscular disease as an infant.

“We are very honored that Governor and Mrs. Henry have allowed us to name this important piece of legislation after their daughter who passed away at seven months of age,” said Wanda Felty, parent of a child with multiple disabilities. “The simple fact is there is often an unspoken bond among parents of special needs children, and although Lindsey Nicole’s life was short, she helped shape the type of people the Henrys are. We appreciate their compassion and understanding of our plight, and we certainly appreciate the Governor’s support of this bill.”

“We want to make it clear, neither the Governor, nor his wife, nor his staff nor anyone connected to him asked for this change. Instead it was suggested to him as a way to honor the memory of his daughter and let it be known for generations to come that she, and her parents, are helping to improve the lives of special needs children across the state,” said state House Speaker Pro Tempore Kris Steele, R-Shawnee. “Especially given that this program was passed in the waning days of the last legislative session of Governor Henry’s tenure, we think this action is both appropriate and warranted. We are pleased that Representative Nelson agreed to amend his Conference Committee Report to include this change.”

Lindsey Nicole was the twin of the Henrys’ oldest daughter, Leah. Lindsey died at seven months of age due to complications from a rare genetic disorder.

The scholarship program created through HB 3393 would not require new spending, but would merely redirect existing state funds that are currently spent on the student.

Other states with similar laws include Florida, Georgia, Utah, Ohio and Arizona. The Florida program has been in place since 1999 and now serves approximately 20,000 students with special needs. HB 3393 closely mirrors the Florida and Georgia laws.

“Having visited with many families of special-needs students, I know how important this legislation is to ensuring they are able to provide the best future possible for their children,” said Nelson, R-Oklahoma City. “It is only fitting that we honor the Henrys and Lindsey Nicole as part of this process to show that even the worst moments of our lives can have positive repercussions. I appreciate the governor’s support and this opportunity to honor his daughter.”

Special Needs Scholarship Bill Heads to Gov. Henry

Yesterday, for the first time ever in Oklahoma, the state Senate approved HB 3393, a bill by Rep. Jason Nelson (R-Oklahoma City), which provides private-school scholarships for special needs students with disabilities. The vote in the Senate was 25-22.

The bill now goes to Gov. Brad Henry, and hopeful school choice proponents are anticipating that he will sign it into law.

For more information, click this link to a story on CapitolBeatOK.

Oklahoma House, Senate Override Another Gov. Henry Veto

Yesterday, the Oklahoma State Senate voted to override Gov. Brad Henry's veto of HB 3284, the Statistical Reporting of Abortions Act. The House had done the same thing late Monday.

So, unless the bill is challenged legally, it will take effect in 2012. The law requires that all women seeking an abortion must fill out a 37-question anonymous survey first prior to the abortion. The women's identity will remain confidential at all times. The law also requires abortionists to report to the state any medical complications from abortion which occur, thus shining the light of day on a deadly procedure, which in addition to needlessly taking an unborn child's life, also often harms young women in the process, sometimes causing sterility or even ending their life. What's the purpose behind the law?

This new law will give the state of Oklahoma and public health officials anonymous information about the reasons why women seek abortions. If abortion is truly to become a rare thing, as its supporters suggest it should be, then doesn't it make sense for government officials, policymakers, health officials, and citizens to better understand the demographic information and the various reasons why women seek abortion in the first place? Then, our state can seek to remedy some of those problems women face.

Of course, supporters of abortion rights claim Oklahoma is acting in a draconian way. They say the sky is falling, and women are being targeted unfairly by the ultrasound law and this Statistical Reporting of Abortions Act. The truth is -- Oklahoma is simply following the law as laid down in the 1992 U.S. Supreme Court decision, Planned Parenthood v. Casey. The Court affirmed a woman's right to abortion, but said the various states could, if they so chose, reasonably regulate access to abortion so long as the regulations did not pose an "undue burden" on women seeking abortion.

If a lawsuit against HB 3284 is filed by the Center for Reproductive Rights in New York City, as they did recently against HB 2780, the ultrasound bill, then the litigation will likely center around whether or not what Oklahoma legislators are doing via these laws represents an "undue burden" to a woman's alleged constitutional right of access to abortion.

Oklahoma Voters to Vote on Obamacare

Lawmakers voted yesterday to give Oklahomans an opportunity to change the state constitution to opt out of a federal health care mandate requiring them to purchase expensive health care policies.


Senate Joint Resolution 59, by state Sen. Dan Newberry and state Rep. Mike Thompson, will appear on the Nov. 2 ballot and, if approved, would prohibit any penalty for failure to purchase insurance and allow doctors to continue to accept direct payment.

SJR 59 is based on American Legislative Exchange Council’s model Freedom of Choice in Health Care Act. The measure has already been enacted in statute form by the Virginia, Idaho, and Arizona legislatures, and constitutional amendments will appear on the Arizona and Florida ballots. Statutory measures have also passed one chamber in Missouri and Tennessee, and active citizen initiatives are underway in Colorado, Michigan, and Mississippi.

Update on HJR 1054

The Oklahoma House of Representatives just overrode Gov. Henry's veto on HJR 1054. Now, the Senate will try to do the same.

Will Oklahomans Escape Obamacare?

Now that Gov. Brad Henry has vetoed HJR 1054, by Rep. Charles Key, and barring a veto override in the state House and state Senate, the only remaining legislative option available to Oklahoma's citizens is for the state House of Representatives to pass SJR 59 by Sen. Dan Newberry within the next 10 days.

SJR 59 is a constitutional amendment, which would allow Oklahomans to vote on whether or not they wish to opt out of the new federal health care system advocated by President Barack Obama and congressional Democrats. If approved by the state House, SJR 59 would bypass the Oklahoma Governor's office and go directly to the ballot.

Injunction to be Issued by Judge Today on Oklahoma's New Ultrasound Law

Oklahoma County District Judge Noma Gurich has told attorneys she will issue an injunction later this afternoon to stall implementation of Oklahoma's new ultrasound law. The law was approved by a three-fourths vote of the Oklahoma Legislature last week, not withstanding the prior veto of Gov. Brad Henry.

Oklahoma's three abortion clinics had reportedly been complying with the law, which required ultrasounds and descriptions to women of the gestational development of their unborn children prior to any abortion, but their compliance will no longer be required once the injunction takes effect later today.

Judge Gurich's injunction will remain in place pending the outcome of litigation by pro-life and pro-abortion forces regarding the constitutionality of HB 2780, to begin later this year.

Oklahoma House Votes to Override Gov. Henry's Vetoes

A bipartisan group of Oklahoma House members voted overwhelmingly today to override two gubernatorial vetoes of pro-life bills.


Gov. Brad Henry vetoed two pro-life bills Friday, and the House voted to override at the first opportunity Monday.

“I am proud that the House moved quickly in support of the sanctity of life by overriding the veto of these important pieces of pro-life legislation. This is clearly not a partisan issue,” said House Speaker Chris Benge, R-Tulsa. “We must move to stop the degradation of human life seen in recent years and stand up for those who cannot defend themselves.”

House Bill 2780, by state Rep. Lisa Billy, requires that doctors provide women information obtained from an ultrasound prior to performing an abortion.

Although ultrasounds are already routinely conducted immediately prior to an abortion, those pictures and the information obtained from the ultrasound are not provided to women.

“This legislation does nothing more than give women as much information as possible before they make the life-altering decision to have an abortion,” said Billy, R-Purcell. “I don’t want a single woman to go through the life-long torture of having an abortion without having all the relevant information.”

Research has shown that many women, after seeing an ultrasound, will opt to have a child. The House voted 81-14 to override the governor’s veto, which was above the three-fourths vote required.

The House also voted to override the veto of House Bill 2656, by state Rep. Dan Sullivan, which makes it illegal to sue a doctor claiming “wrongful birth” because the doctor failed to convince the mother to abort a child.

“This bill simply states that a doctor cannot be sued based on the opinion after birth that a child would have been better off if he or she had been aborted,” said Sullivan, R-Tulsa. “A bipartisan coalition of members supported this bill the first time, and I am pleased they did again today.”

The House voted to override the veto 84-12, again well above the three-fourths of the body required to override.

Both bills will return to the Senate for override consideration.

(Source: Oklahoma House Media Division)

Gov. Brad Henry Considers Pro-Life Bills

Gov. Brad Henry is now considering whether to support or veto several pro-life bills, which recently were passed in the state Senate. The governor's phone number is (405) 521-2342.

Although he recently supported three other pro-life bills in early April, it is unclear what he will do this time. Of course, pro-life Oklahomans hope he will support these bills, too. But, if he chooses to veto the latest round of bills, an attempt to override his veto will be attempted.

The following Senate Democrats voted for the bills, and their support to override any veto may be needed:

Sen. Randy Bass - District 32 - Lawton

Sen. Sean Burrage - District 2 - Claremore
Sen. Kenneth Corn - District 4 - Poteau
Sen. Mary Easley - District 18 - Tulsa
Sen. Jerry Ellis - District 5 - Valliant
Sen. Earl Garrison - District 9 - Muskogee
Sen. Jay Paul Gumm - District 6 - Durant
Sen. Tom Ivester - District 26 - Elk City
Sen. Charlie Laster - District 17 - Shawnee
Sen. Susan Paddack - District 13 - Ada

Oklahomans for Life is encouraging Oklahomans to contact the above legislators to thank them for their past support and to encourage them to support any veto override attempt, should it become necessary.

‘One Oklahoma Coalition’ Announces Opposition to SQ 744

Yesterday, numerous business, city, state, and political leaders participated in a joint news conference to announce their united opposition to SQ 744, the proposed public education funding mandate state question, which the Oklahoma Education Association and its allies successfully placed on Oklahoma's upcoming November general election ballot via the initiative petition process. The leaders described themselves as the One Oklahoma Coalition.

If SQ 744 is approved by voters, state legislators will be required perpetually by a state Constitutional Amendment to fund public education in Oklahoma at a level equal to the regional average of other states. The current projected cost to taxpayers to do so would be an additional estimated $850 million to $930 million annually, said One Oklahoma Coalition spokesperson Jeff Wilson. Those opposed to SQ 744 say such a legal requirement would be devastating to Oklahoma's state budget, especially in the current depressed economy.

Currently, Oklahoma taxpayers spend 41% of all annual legislative appropriations on common K-12 education. The state lottery provides additional funding for common and higher education, but SQ 744 proponents say the lottery is not a dependable source of new revenue for schools -- something the Oklahoma Family Policy Council warned about in 2004, prior to voters' approval of the state lottery and the tribal gaming compact.

You can read CapitolBeatOK editor Patrick B. McGuigan's account of yesterday's news conference by clicking here.

To read the views of the OEA and other proponents of SQ 744, click here.

Note: Proponents say Oklahoma spends $8,006 per pupil on public education. However, a January, 2010, report by the Oklahoma Council of Public Affairs, click here, placed the state's estimated per pupil expenditure at $10,257.

Thank You, Gov. Brad Henry!

Yesterday, Oklahoma Gov. Brad Henry signed three pro-life bills into law.

The new laws will take effect July 1, 2010, unless they are legally challenged by abortion proponents in Tulsa and New York City. They replace previous bills passed in 2009, which were later deemed unconstitutional for violating the state constitution's single-subject rule. The new laws will:

• prevent sex-selection abortions in Oklahoma (and will mandate revoking the license to practice of any abortionist who violates the law)
• require that only licensed physicians administer the RU-486 abortion pill to women (via medical prescription), and
• protect the freedom of conscience and religious beliefs of Oklahomans to not participate in abortion or other bioethical concerns related to human embryos, fetal transplants, and euthanasia.

Other measures now in the Senate, which, if passed, will also be sent to the Governor include:

HB 2780, which would require all women contemplating abortion be given an ultrasound exam of her fetus in-utero. The woman would not be required to view the baby's image, but the ultrasound image would be described to her.

HB 3284, would require that non-identifying statistical information about women who have abortions be reported to the state Health Department. Abortionists would also have to report all complications that occur during abortion procedures.

These last two bills are the most troubling ones to the abortion industry. Whether Gov. Henry will sign or veto them, if passed by the state Senate, remains to be seen.

If you wish to contact Gov. Henry, to thank him for signing the three bills noted above, his office phone is (405) 521-2342.

3 Pro-Life Bills Win House Approval, Now Go to Gov. Henry

Pro-life legislation overwhelmingly passed the House yesterday.

SB 1890, by Rep. Dan Sullivan, forbids abortions based solely on the sex of the child. The bill passed the House with a vote of 95-1.

SB 1891, by Rep. Pam Peterson, creates the Freedom of Conscience Act, which would protect the rights of health care professionals to refuse to take part in the destruction of innocent human life. Her bill passed the House with a vote of 80-13.

SB 1902, by Rep. Skye McNiel, makes it illegal for a person other than a physician to provide or administer the chemical abortion pill, RU-486, for the purposes of inducing an abortion. The bill also requires physicians to file a report under certain circumstances, and provides a civil action for certain fathers and maternal grandparents of unborn children aborted by a physician who knowingly or recklessly violates the provisions of the measure. The bill passed the House with a vote of 91-7.

All three bills now head to Gov. Brad Henry for either approval or veto.

OFPC Holds State Capitol News Conference

This morning, OFPC Executive Director Mike Jestes participated in a State Capitol news conference with Rep. Rebecca Hamilton (D-Oklahoma City), Dr. Dominic Pedulla, and other pro-life leaders regarding HB 3077.

This bill, which is now in the state Senate would, like in eight other states and several countries, prevent the paying of compensation to young women who risk their health to donate human eggs to fertility clinics and for medical research purposes.

Under the legislation, all women could continue to donate their eggs for IVF purposes, in an effort to conceive a child, but no compensation would be paid.

In a moral society, Oklahomans shouldn't want to unnecessarily put young women's health at risk via egg harvesting and allow creation of an unethical market for body parts.

The Oklahoman Prints Op-Ed on HB 3077

Yesterday, The Oklahoman printed an important Op-Ed jointly authored by OFPC Executive Director Mike Jestes, Family Research Council Senior Fellow Dr. David Prentice, and Jennifer Lahl, R.N., with the Center for Bioethics & Culture.

The March 17th Op-Ed deals with HB 3077, a bill by Rep. Rebecca Hamiltion (D-Oklahoma City), which would, if approved in the Senate and signed by Gov. Brad Henry, prevent the paying of compensation to women for what is, in effect, the sale of their eggs.

The intent of the bill is NOT to prevent medical procedures like in-vitro fertilization by married couples, but rather to prevent the development of an unethical market in Oklahoma for the human eggs of young women.

HB 3077 passed the state House by a large margin and now is in the state Senate, where lobbyists for the state medical association are reportedly trying to kill the bill.

If HB 3077 becomes law, women will continue to be able to donate their eggs to fertility clinics in Oklahoma; it will just become illegal to sell their eggs to fertility clinics for paid compensation.

Click here to view the Op-Ed.

Human Trafficking Bill Clears Senate, Heads to House

SB 2258, a bill by Sen. R. Clark Jolley (R-Edmond), which is designed to make human trafficking more difficult to accomplish in Oklahoma, has passed the state Senate and is now headed to the state House.

For information, read this CapitolBeatOK story by clicking here.

Pro-Marriage Bill Passes House, Advances to Senate

Yesterday, Rep. Mark McCullough's pro-marriage bill, HB 2634, passed the state House of Representatives on a 51-45 vote.

HB 2634 would require two hours of pre-marital counseling before the issuance of a marriage license and provide a $45 dollar discount on a marriage license for couples getting eight or more hours of pre-marital counseling.

The measure also allows for a “covenant marriage” license, ends future recognition of “common law” marriages, and requires court directed pre-divorce education classes for couples with children. Those courses would cover issues such as the impact of separate parenting on children and separate financial responsibility for children.

McCullough noted the counseling and divorce education provisions are already in state law, but are permissive and participation is not mandatory.

“The problem of family fragmentation is the elephant in the living room of state government,” McCullough said. “The fallout from divorce and unwed childbearing cost the State hundreds of millions of dollars annually and it goes against the grain of our conservative culture here in Oklahoma. Yet getting to the point of having a forthright discussion on these issues has proven difficult. So many people have either been divorced or someone close to them has gone through divorce, and that makes people uncomfortable with these issues. I really understand the painful nature of this whole subject. I’m not trying to hurt or shame anyone; I just don’t think we can afford to avert our gaze anymore. This is a conversation we need to have as a state and the Oklahoma House was an appropriate place to start it.”

A recent study from the Institute for American Values and Georgia Family Council, The Taxpayer Costs of Divorce and Unwed Childbearing: First-Ever Estimates for the Fifty States and the Nation, conservatively estimates divorce has a dramatic impact on the cost of state government (largely through public assistance programs) – of at least $430 million annually in Oklahoma.

McCullough's bill now heads to the state Senate.

Bill to Require Teaching of America's Founding Documents Fails

Yesterday, the state House of Representatives failed to pass a bill by Rep. Charles Key (R-Oklahoma City) and Sen. Randy Brogdon (R-Owasso) that would have required the state Board of Education to promulgate rules to teach public school students in Oklahoma about the Declaration of Independence, the U.S. Constitution, and the Bill of Rights, as a part of social studies curriculum.

The vote was 44-52. To see how your representative voted, click here and search for HB 2814 vote on March 9.

Co-authors of HB 2814 included Rep. Sue Tibbs, Rep. Ann Coody, and Rep. Jason Nelson. Rep. Key filed a motion to reconsider his bill, which means he can attempt to change minds and call for another vote within the next few days.

Pro-Life Ultrasound Bill Passes Oklahoma House of Representatives

(from House of Representatives Media Division)

Pro-life legislation further defending the unborn child passed the House today.


House Bill 2780, by Rep. Lisa Billy, expands on pro-life legislation passed in 2006 that required abortion doctors to tell a woman she had a right to a free ultrasound at an off-site location. This legislation would provide an ultrasound at the clinic where the abortion would be performed.

“This legislation is about giving mothers as much information as possible in advance about this irrevocable, life-altering decision. We must do all we can to ensure every woman has all the facts so she can make the most informed decision possible,” said Billy, R-Purcell.

The bill passed the House today with a vote of 87-7 and will now move to the Senate for consideration.

Bill Increases Penalties for Repeat Child Molesters

Today, the House passed HB 2965, by Rep. Rex Duncan (R-Sand Springs), which increases penalties for repeat child molesters, including the possibility of life without parole or death.

Under current law, a child molester can face a sentence of 25 years to life for a first offense. Duncan’s legislation will increase the penalty to include a maximum sentence of life without parole.

His legislation will also allow the death penalty to be considered for those convicted of a second or subsequent offense. That provision has been crafted to comply with recent court rulings.

The legislation will also eliminate the "homeless defense" as an excuse for not registering as a sex offender and allow those convicted of failure to register to receive a 20-year prison sentence.

State House to Debate 2 Pro-Life Bills Today

This afternnon (March 1), the state House of Representatives will debate and vote on two pro-life bills, HB 2780 and HB 3110.

HB 2780, by Rep. Lisa J. Billy, would require that all women seeking abortions in Oklahoma be provided with an ultrasound, prior to any abortion. The woman would NOT be required to look at the ultrasound images of her unborn child, but the ultrasound would be required to be performed.

HB 3110, by Rep. Pam Peterson, would create the Freedom of Conscience Act, and would allow certain medical professionals from being required to perform abortions or provide abortifacients as a condition of their employment.

Both of these bills have been passed into law in prior years, but are being resubmitted in light of recent rulings by Oklahoma County judges, as respects the constitutionality of how the legislation was approved in violation of the single-subject rule.

Another bill, HB 3077, by Rep. Rebecca Hamilton, is NOT on today's agenda, but is expected to be put on the calendar in the coming days. Her bill would prevent women from selling their eggs in Oklahoma, thus creating a marketplace for human eggs in violation of moral and bioethics concerns.