SENATE PANEL OKS RETURN OF PRISON RELEASE CAP LAW

The Senate Appropriations Committee approved a bill Wednesday to
restore the controversial prison cap law, which requires the governor
to order the release of some inmates when the prison population
reaches a certain level. Criticized by both former Gov. Frank Keating
and legislators, the prison cap law was repealed in 2001.

The cap law was written by Sen. Dick Wilkerson, D-Atwood, who is the
author of Senate Bill 792 to reinstate the cap law. Wilkerson had been
an agent with the Oklahoma State Bureau of Investigation .

Under SB 792, the Corrections Department will request the governor to
declare a state of emergency when the prison population exceeds 95
percent of the total number of state-owned prison bed space for 30
consecutive days.

If the governor declares the state of emergency, inmates will get 60
days cut off their sentences.

Inmates within 60 days of release would get out of prison under these
circumstances.

Wilkerson said the state doesn't want a federal judge looking at
overcrowded conditions in prisons. Oklahoma's prison system was under
federal court jurisdiction for several years.

Victory for Cockfighters

Cockfighters in Oklahoma won a victory Wednesday when the Senate
Appropriation Committee approved a measure that decreases penalties
for cockfighting.

SB 835, sponsored by Sen. Frank Shurden, D-Henryetta, changes the
cockfighting law approved by a statewide vote in November by adding
the necessity for a fight to be planned. It also lowers the crime from
a felony to a misdemeanor and narrows the definition of cockfighting
equipment.

"If this rooster flies, I want to get it out of here," Shurden
said.

The committee debate centered around lawmakers' right to change
legislation approved by voters.

"The people had an opportunity to speak," Sen. Angela Monson,
D-Oklahoma City, said. "They spoke well and loudly. I don't think it's
appropriate for us in this body to undo what the people have done.
This is really a vote on representative democracy. We're telling
voters that it doesn't matter what they say because we'll do what we
want to do anyway."

Shurden said the Legislature had a duty to amend laws, even those
passed by voters.

"It's wrong for us to make a felon of someone because they raise
chickens," Shurden said.

Cockfighting opponents called the vote a "sad day for the democratic
process in Oklahoma."

MARIJUANA POSSESSION

The Senate Appropriation Committee kept alive a bill that could be
used to reduce sentences for people charged for the first and second
times with marijuana possession.

Most of the substantive language in SB 779 by Sen. Bernest Cain,
D-Oklahoma City, was removed before it was sent to the full Senate.
However, it still could be used as a legislative vehicle to try to
make some changes in sentencing for marijuana possession if the
Legislature decides to do this later this session.

Driver's License Fees

The Senate Appropriations Committee approved legislation to authorize
a $1 increase in the fee for drivers' licenses.

The committee also authorized the state Tourism and Recreation
Department and the Oklahoma Historical Society to levy fees.

SB 704 by Sen. Owen Laughlin, R-Woodward, would permit a $1 increase
in driver's license fees. Laughlin said it would raise $375,00
annually to be used to upgrade equipment.

A four-year license for non commercial vehicles is
$19.

SB 542 by Sen. Rick Littlefield, D-Grove, would allow the Tourism and
Recreation department to levy fees at state parks. The state has 50
parks, but only five charge an entrance fee, he said.

However, parks with lodges probably wouldn't have an entrance fee too,
he said.

SB 527, also by Littlefield, would allow the Historical Society to
charge entry fees at museums. Bob Blackburn, Historical Society
director, said the agency has 35 museums, but entry fees probably
won't be assessed at all of them.