Lawmakers differ over what kind of grade to give the 2004 session of the Oklahoma Legislature.

OKLAHOMA CITY -- The old saying about beauty and the eye of the beholder probably best describes opinions about the 2004 session of the Oklahoma Legislature.

But it will be left up to state voters this fall to provide the final verdict on several of the key issues.

Gov. Brad Henry and Democratic leaders say the just-finished session was one of the most successful in state history. They grade it an "A."

On the other hand, Senate Republican leader James Williamson of Tulsa sees the session as deserving of a "D."

"Other than the passage of the Marriage Protection Constitutional Amendment -- over the objections of the Democrat leadership -- it is hard to find very much positive one can say about this legislative session," Williamson said.

Williamson was father of the amendment,

which would bar same-sex marriages. The proposal will be on the Nov. 2 general election ballot.

Henry, whose wife Kim is a former teacher, points with pride to a number of his education and health-care proposals that won approval in the Legislature. The fate of some also will be decided by voters on Nov. 2.

One of the last to clear the Legislature was his proposal to raise teacher pay to the regional average over a five-year period. Senate Bill 1272 is part of a comprehensive teacher compensation initiative that Henry unveiled in January. He earlier signed a teacher health benefits bill, the first step in the initiative. That measure boosted health benefits for educators by paying 100 percent of their health insurance premiums.

In years two through five of Henry's program, teacher pay would be increased until it meets or exceeds the regional average. The pay raises would be structured to favor veteran educators.

The last time Oklahoma teachers received a state pay raise was about four years ago.

Oklahoma's average teacher salary is $34,877, while the regional average is $38,527. A National Education Association study released last week showed that Oklahoma ranked 48th in teacher pay, down a notch from a year ago.

Henry's health-care initiative/tobacco tax initiative consumed a lot of energy in the session before lawmakers sent it to the Nov. 2 ballot, too. The proposal would boost the tax on a pack of cigarettes by a net of 55 cents to raise $140 million for the initiative and reduce tobacco use, particularly among young people.

Henry's initiative also would create a comprehensive cancer research center, establish a statewide trauma care network and increase the availability of medical treatment for the working poor.

Tied to the tobacco tax initiative are economic stimulus proposals to freeze the state's top income tax rate at 6.7 percent and eliminate the state's capital gains tax on Oklahoma properties.

Another Henry proposal on the Nov. 2 election permits nontribal racetracks to have the same kind of electronic games as tribal casinos. The state would be in charge of regulating gaming activities.

Also on the November election is a proposal that Henry got the 2003 Legislature to put on the ballot: his "education lottery." It was one of his 2002 campaign promises.

Henry also touted a "meth" bill that restricts over-the-counter sales of pseudoephedrine tablets, an important ingredient in the production of methamphetamines. He said federal officials are now considering modeling a meth law after Oklahoma's law.

State employees will receive salary hikes over the next two years, and state troopers and other state law enforcement officers received a pay raise, as Henry had called for in his State of the State address.

The Democrat governor in January called for $5 million in state money for a Tar Creek relocation program.

Lawmakers passed a bill allowing families with children ages six years and younger to receive state assistance to relocate to a safer area. Research indicates children in that age range are most at risk for the kind of lead exposure that has commonly occurred around the abandoned mining sites in the decades-old SuperFund area.

Before the 2004 session opened, tort reform was a hot topic. Legislative leaders appointed a bipartisan conference committee on tort reform, and that panel held weekly meetings to take sworn testimony from people on both sides of the issues -- medical malpractice, attorney contingency fees, joint and several liability, frivolous lawsuits, landowner liabili ty, and caps on non-economic damages.

Hundreds of doctors rallied at the Capitol to air their plight. Physicians Liability Insurance Company of Oklahoma, the major insurer for doctors in the state, had financial problems and on July 1 would sharply increase its medical malpractice insurance rates.

Henry gathered a "working group" of stockholders who negotiated on issues in their expertise and then provided their suggestions to the conference committee.

Several committee members offered different proposals, and the committee adopted some. Fourteen members of the committee voted for the final proposal, and four opposed. Then the House and Senate passed it.

In addition to a number of reforms, the bill allows the reorganization of PLICO in a way to reduce the immediate need for higher premiums for health-care providers.

"We've done more than just provide physicians with protection in future lawsuits," conference committee cochairman Mike Morgan said. "This bill will give them immediate relief from the fast-rising malpractice insurance premiums and by doing so it should ensure the availability of medical care for Oklahomans."

Paul English (405) 528-2465
paul.english@tulsaworld.com

2004 highlights

OKLAHOMA CITY (AP) — Highlights of the 2004 legislative session include:

1. Teacher compensation package that includes payment of 100 percent of health insurance in the first year and incremental salary increases over the next four years.

2. A two-phase, $2,100 pay raise for state employees.

3. Proposed tobacco tax increase to pay for health-care initiatives, including premium assistance to businesses, health-care provider rates, cancer research center, trauma care and other health programs. Plan also includes tax cuts on capital gains on Oklahoma-based property, income tax and retiree income. (requires voter approval this fall)

4. Gaming proposal to allow gambling machines at some state horse-racing tracks and authorize state to regulate and share in profits from Indian casinos. (requires voter approval this fall)

5. Medicaid coverage for breast and cervical cancer screenings.

6. Proposed constitutional amendment to define marriage as between one man and one woman. (requires voter approval this fall)

7. Tort reform that enacts penalties for filing frivolous lawsuits and strengthens pain-and-suffering damage caps in medical malpractice cases.

8. Voluntary relocation program for families with children living near the Tar Creek Superfund site.

9. Funding for the endowed chair program at state colleges and universities.

10. Funding for the Oklahoma Higher Learning Access Program, which provides scholarships for well-performing students.

11. Methamphetamine bill that restricts over-the-counter sales of pseudoephedrine tablets.

12. Pay raise for state troopers.