Oklahoma Legislative Primer

1
Oklahoma Legislative Primer

• Prepared by David Blatt
• Director of Public Policy
• Community Action Project of Tulsa County
• Revised January 2002
• 717 S. Houston, Suite 200
• Tulsa, OK 74127
• [phone] -ph. [phone] -fax
• dblatt_at_captc.org

2
Composition of the Legislature

• House of Representatives
• 101 Members
• Elected every two years
• Current breakdown
• 52 Democrats
• 49 Republicans
• Presided by the Speaker
• http//www.lsb.state.ok.us/house/ohorpage.htm

• Senate
• 48 Members
• Elected every four years
• Current breakdown
• 30 Democrats
• 18 Republicans
• Presided by the President Pro Tem
• http//www.lsb.state.ok.us/senate/welcome.html

3
House Leadership
Majority

• Speaker of the House
• Larry Adair, D- Stillwell
• Majority Floor Leader
• Danny Hilliard, D- Sulphur
• Majority Caucus Chairman
• David Braddock, D- Altus

• Speaker Pro Tempore
• Terry Mattlock, D-Garvin
• Deputy Majority Floor Leaders
• Jeri Akins, D- Duncan
• Russ Roach, D- Tulsa
• Assistant Majority Floor Leaders
• James Covey, D-Custer City Mary
• Easley, D-Tulsa Joe Hutchinson,
• D-Jay Ray McCarter - D, Marlow
• Bill Nations, D- Norman Dale Turner,
• D- Holdenville

Minority
Minority Floor Leader Fred Morgan, R- Oklahoma
City Minority Caucus Chairman Forrest Claunch, R-
Oklahoma City
First Assistant Minority Leader Jim Reese,
R-Nardin Assistant Minority Floor Leaders Todd
Hiett, R-Kellyville, Kevin Calvey, R- Oklahoma
City, John Wright, R- Broken Arrow
4
Senate Leadership
Majority

• Majority Floor Leader
• Billy Mickle, R- Durant
• Democratic Caucus Chair
• Maxine Horner, D- Tulsa

• President Pro Tempore
• Stratton Taylor, D-Claremore
• Assistant Majority Floor Leader
• Herb Rozelle, D- Tahlequah
• Majority Whips
• Sam Helton, D-Lawton
• Keith Leftwich, D- OKC

Minority
Minority Floor Leader James Dunlap,
R-Bartlesville Minority Whip Scott Pruitt,
R-Broken Arrow
Assistant Minority Floor Leader James Williamson,
R-Tulsa Republican Caucus Chair Glenn Coffee, R-
Bethany
The Lieutenant Governor is President of the Senate
5
Oklahoma Legislators

• SALARY
• Legislators are paid 38,400 annually plus travel
  expenses and a per diem during session.
• The Speaker and Senate Pro Tem receive an
  additional 17,932 annually. The Floor Leader and
  Assistant Floor Leader of each party and the
  Appropriations Chair make an additional 12,364
• TERM LIMITS
• By constitutional amendment passed in a 1990
  referendum, legislators are prohibited from
  serving more than 12 years in the Legislature
  (both houses combined).
• The term limit clock began in 1992. Legislators
  serving in 1992 will reach their term limits in
  2004. Senators elected in 2002 can serve out
  their terms until 2006.
• REDISTRICTING
• New House and Senate districts based on the 1990
  Census were approved in 2001 and will be in
  effect for the elections of November 2002
• For information on legislators and their
  districts
• Oklahoma Almanac, 1999-2000 (OK. Dept of
  Libraries)
• http//www.lsb.state.ok.us/senate/welcome.html -
  Senators
• http//www.lsb.state.ok.us/house/house.htm

6
Legislative Session

• The Legislature convenes the first Monday in
  February and adjourns sine die at 500 on the
  final Friday in May
• During session, the Legislature normally meets
  daily from Monday to Thursday
• A Legislature lasts two years between elections
  and includes two regular sessions and possible
  special sessions
• 2002 will be the Second Session, 48th
  Legislature. It will run from Feb 4th to May
  31st
• Special Sessions
• Special Sessions can be convened at the call of
  the Governor or by a 3/4 vote of the Legislature.
  Special Sessions may run concurrently with
  regular sessions

7
Path of a Bill Preparation

• All bills must be requested by a legislator,
  drafted and introduced prior to the start of the
  legislation session.
• Bill request deadline for both chambers is
  mid-December
• Bill filing deadline is mid-January for the
  House, end of January for the Senate.
• All bills are drafted by legislative staff and
  introduced by the bills author.
• Many bills, known as shell bills, are
  introduced with minimal substantive language and
  are essentially drafted over the course of the
  session.
• In addition to bills, the Legislature also
  considers joint resolutions, concurrent
  resolutions and simple resolutions (see
  glossary).
• The House permits members to introduce only 8
  bills and resolutions per session - with various
  exceptions

8
Path of a Bill
9
Path of a Bill First Stages

• First Reading Introduced bills are read into
  the House or Senate Journal during the first
  floor session. No vote is involved
• Second Reading Occurs the day after First
  Reading and is preliminary to bills being
  referred to committee.
• In exceptional cases bills can bypass committee
  and be advanced straight to calendar for Third
  Reading
• More information http//www.lsb.state.ok.us/house
  /billcrse.htm

10
Committee Assignment

• Committees referrals are determined by
  legislative leadership - usually the Speaker or
  Pro Tem and Majority Floor Leader
• Bills can be referred to Standing Committees or
  to the Appropriations Committee.
• Budget bills and some bills with fiscal impacts
  are referred to the Appropriations Committee.
• Bills referred to Appropriations are further
  referred to Appropriations subcommittees by the
  Appropriations Chairman.

For Lists and Memberships of Committees,
see http//www.lsb.state.ok.us/house/commasgn.htm
http//www.lsb.state.ok.us/senate/welcome.html
- Senate committees
11
Committee Consideration

• Committees have three weeks to take action on
  bills
• The decision to hear any given bill rests
  entirely with the Committee Chair. Bills that are
  not heard die in committee.
• Committees frequently consider amendments to
  bills or substantially revised versions of bills
  (committee substitutes).
• Committee hearings provide opportunities for the
  bills author, and frequently public supporters
  and opponents, to debate the bill.
• Bills advance out of committee with a do pass
  motion and the filing of a committee report.
• Committees can kill a bill by voting against it
  or by passing a motion to report progress.
• Bills assigned to Appropriations must pass out of
  both subcommittee and the full Appropriations
  committee.

12
Third Reading

• From committee, bills are advanced to the General
  Order and then brought up for Third Reading.
• Bills at Third Reading are subject to amendment
  complex rules govern whether amendments will be
  considered.
• All bills are subject to an electronic roll call
  vote on Third Reading
• All bills require a simple majority of all
  members except votes on a bills emergency clause
  and votes to send a matter to a vote of the
  people (legislative referendum), which require
  2/3rds majorities.
• Revenue bills must be submitted to a vote of the
  people unless they originate in the House and
  receive a 3/4ths majority in both chambers.
• Bills that pass are transmitted to the other
  chamber.
• Striking the title In many cases (especially
  where appropriations are involved), members will
  agree to strike the title of a bill to ensure
  that the bill will be returned for additional
  consideration.

13
The Opposite House

• After a bill is signed in the chamber of origin,
  it is engrossed and transmitted to the opposite
  chamber.
• Bills go through exactly the same process in the
  opposite chamber First Reading, Second Reading,
  committee consideration, Third Reading.
• If a bill passes the opposite chamber, it will
  follow one of two possible courses
• A) If both chambers have passed an identical
  version of the bill and if the bill is in
  constitutionally acceptable form (title and
  enacting clause intact), the bill is enrolled and
  sent to the Governor for action
• B) If the opposite chamber has amended the bill,
  the bill is returned to the originating chamber
  for further consideration.

14
Action by the Governor

• A bill that has been passed by both Houses is
  transmitted to the Governor. The Governor can
  take one of the following actions
• 1) Sign the bill within five days
• 2) Allow the bill to become law by taking no
  action within five days while the Legislature is
  in session
• 3) Veto the entire bill. If the Legislature is in
  session, the Legislature can override the
  Governors veto with approval of 2/3rds of the
  members of both Chambers (68 votes in the House,
  32 in the Senate). However, if the bill has an
  emergency clause, it requires the approval of 3/4
  of the members of both Chambers (76 House, 36
  Senate)
• Gov. Keating has never had a veto successfully
  overridden
• 4) Line-item veto spending items in
  appropriations bills (subject to legislative
  override according to the same procedure).
• If the Legislature has adjourned, the Governor
  has fifteen days to sign or veto a bill, or
  exercise his pocket veto by taking no action

15
After Third Reading

• If a bill has been amended in the opposite
  chamber, the original author may either
• Move to accept amendments. If amendments are
  approved, the bill is then moved to Fourth
  Reading and final passage under the same rules as
  Third Reading or
• Move to reject amendments and send the bill to
  conference committee.
• Conference Committees
• At least three Conferees from each chamber are
  appointed at the discretion of House and Senate
  leadership.
• Appropriations bills and other bills with
  budgetary impacts may be referred to the General
  Conference Committee on Appropriations (GCCA).
• Other than GCCA, conference committees rarely
  actually meet. Instead, key members work with
  their colleagues and lobbyists/advocates to build
  a consensus.
• Conference committee is typically the decisive
  moment for determining the substance of
  legislation.

16
Conference Committee Reports

• A conference committee can simply take action on
  the amendments proposed by the second chamber, or
  may reject all amendments and propose a
  conference committee substitute.
• Conference committee substitutes may frequently
  bear little or no resemblance to the original
  bill! Often they will incorporate language from
  bills that died in committee or were defeated on
  the floor.
• Conference committee reports must gain signatures
  from a majority of members from each chamber.
• Conference committee reports are submitted to a
  vote of the originating chamber. Reports can be
  approved or rejected but not amended.
• If a report is rejected, another conference may
  be requested with the same or different members
  appointed by the two chambers.

17
Fourth Reading

• If the full chamber accepts the conference
  committee report, the bill advances to Fourth
  Reading and final passage. Bills may be debated
  but not amended
• If passed, the bill is sent to the other chamber
  for a report on the conference committee and, if
  adopted, vote on Fourth Reading and transmittal
  to the Governor.

18
Legislative Deadlines (2002)

• With a four month legislative session, the
  process moves fast. All bills must meet the
  following deadlines to stay alive
• End of the 3rd week (Feb 21) Report from
  Committee of Originating House
• End of 6th week (Mar 14) Third Reading in House
  of Origin
• End of 9th week (Apr 4) Report from Committee of
  Opposite House
• End of 12th week (Apr 25) Third Reading in
  Opposite House
• End of 13th week (May 2) Reject amendments and
  request conference
• End of 17th week (May 31) Sine die adjournment
• In practice, the majority of legislation,
  including all budget bills, gets decided in the
  final weeks of session.

For 2001 Legislative Calendar, see
http//www.lsb.state.ok.us/house/deadline.htm
19
The Budgetary Process

• The state budget is composed of three basic
  funding sources
• State appropriated funds
• Federal funds
• Revolving funds (such as licensing fees, user
  fees, millage, co-pays)
• Most agencies combine multiple funding sources.
• State agencies are either appropriated or
  non-appropriated agencies.
• Non-appropriated agencies are funded entirely
  through fees, assessments, contributions, etc.
  Examples the Oklahoma Public Employees
  Retirement System, the Board of Nursing, the
  Peanut Commission.

20
How much money can be appropriated?

• Appropriations for the upcoming fiscal year (July
  1 June 30)are based on projected revenue as
  certified by the Equalization Board in December
  (preliminary) and again in February (final).
• The Equalization Board projects upcoming year
  revenue for each appropriated fund based on
  estimates of tax collections.
• By far the largest fund subject to appropriation
  is the General Revenue Fund. Several other funds
  receive tax dollars, most of which are for
  restricted purposes.
• The Legislature is authorized to appropriate no
  more than 95 of General Revenue certified for
  the upcoming year. This is to allow for a cushion
  in case of revenue shortfalls.
• For FY 02, the Equalization Board certified
  5.626 billion for appropriation, including
  4.673 billion for the General Revenue fund and
  953 million for other funds.
• For FY 03, the Equalization Board in December
  2001 certified 5.350 billion, a decrease of 275
  million from FY 02.

21
How Much Money Can Be Appropriated?

• During the fiscal year, if GR meets expectations,
  the 5 cushion becomes available for
  appropriation. Revenues that exceed 100 of
  certification are deposited in the Constitutional
  Reserve (Rainy Day) Fund.
• Upon declaration of an emergency by the Governor,
  up to one-half of the balance of the Rainy Day
  Fund can be appropriated.
• During the fiscal year, if GR fails to meet
  expectations (below 95 of certification), the
  Director of State Finance can declare a budget
  shortfall and impose across-the-board cuts to
  agency budgets

22
Where does State General Revenue Come From?

• The State of Oklahoma raised over 4.8 billion in
  tax revenue for General Revenue in FY 02.
• The largest state taxes allocated to GR are
• Income tax 2,201 45. 6
• Sales and Use 1,358 28.1
• Motor Vehicle 272 5.6
• Gross Production 474 9.8
• Other Sources 522 10.8
• The allocation of revenue from each tax is
  defined by statute. Many taxes are allocated
  primarily or exclusively to the General Revenue
  Fund while others are targeted to specific state
  agencies or to local and county governments.
• Revenue collections below projections, primarily
  from gross production taxes, has led to a budget
  shortfall in FY 2002.

Note Other Sources includes cigarette, alcohol,
mixed beverage taxes, insurance premium tax and
other miscellaneous taxes
23
Major Stages in the Budgetary Process

• July 1 Fiscal year begins
• October Agencies submit budget requests for the
  next fiscal year
• November Office of State Finance conducts budget
  request hearings
• December State Equalization Board certifies
  available revenue for upcoming fiscal year
  (revised on February)
• February Presentation of the Governors budget
  and introduction of appropriation shell bills
• February - April Legislative appropriation
  sub-committees may conduct agency budget
  hearings.
• April - Early May Passage of the General
  Appropriations bill
• April - Early May Sub-committee allocations are
  made by leadership
• Mid-to late-May Sub-committees reach agreement
  passage of appropriation reconciliation bills
  allocating new funding
• June Agencies submit budget works program for
  upcoming fiscal year
• June 30 Fiscal year ends.

24
Base Funding vs. New Money

• In most years and for most agencies, 90 of an
  agencys budget will remain unchanged. In recent
  years, the General Appropriations (G.A.) Bill
  re-allocates agencies their previous years
  appropriation, with minor adjustments.
• The main debate and conflict is over how to
  allocate growth revenue between competing needs
  and priorities.

25
Allocating New Revenue Setting the Agenda

• Agencies identify new funding needs in their
  budget requests.
• e.g. New and expanded programs, increased
  operating expenses, proposed rate hikes,
  emergency needs, loss of federal funds.
• Total agency requests inevitably far exceed
  available revenue.
• The Governor submits his proposals for new
  spending and budget cuts in the Executive budget.
• Additional funding requests come from members and
  interest groups.

26
Allocating New Revenue Making the Decisions

• Legislative leadership agrees on some specific
  funding initiatives (e.g. pay raises and tax
  cuts) and allocates remaining funds to the
  appropriations subcommittees
• House and Senate sub-committees (in GCCA) reach
  agreement on agency budgets
• House and Senate pass reconciliation bills.
• Reconciliation bills appropriate new funding, set
  FTE limits and agency directors salaries,
  specify legislative intent

27
Appropriations by Subcommittee/Program Area
FY '00 - FY '01 (in millions)
FY '01
FY '02
Portion of Total
Portion of Total
Change
Approp.
Approp.


FY '01 Approp.
FY '02 Approp.
Education
2988.2
3082.9
94.7
3.2
55.4
54.8
Gen. Gov/Trans.
483.2
495.7
2.6
9.0
8.8
12.5
Health
654.0
714.7
60.8
9.3
12.1
12.7
9.6
Human Services
519.9
553.5
33.6
6.5
9.8
Natural Resources
124.9
126.4
1.6
1.3
2.3
2.2
Public Safety
623.7
32.2
5.4
11.0
11.1
591.5
0.5
0.5
28.1
25.6
-2.5
-8.9
Other
Total
5389.5
5622.5
4.3
100.0
100.0
232.6
Note FY'01 totals includes 39.1 million of
supplemental appropriations
For summary and hi-lites of annual appropriations
actions since FY 95, see http//www.lsb.state.ok.
us/senate/welcome.html - Appropriations
Information
28
Largest State Agency Appropriations, FY '02
of Total
Agency
FY '02 Approp.
Approp.
Education, State Department of
2,034,909,788


36.2
Higher Education, Regents for
860,475,547


15.3
Oklahoma Health Care Authority
418,679,264


7.4
Human Services, Department of
416,396,819


7.4
Corrections, Department of
398,479,192


7.1
Transportation, Department of
299,154,666


5.3
Mental Health and Substance Abuse Services
149,835,211


2.7
Career and Technology Development, Department of
131,846,398


2.3
Juvenile Affairs, Office of
107,466,872


1.9
Public Safety, Department of
74,596,430


1.3
Health, Department of
71,436,628


1.3
Tax Commission
51,748,599


0.9
Total 12 Largest
5,014,938,410


89.2
Source Senate Staff Fiscal Year '01 Budget
Review, June 2000
29
History of State Appropriations, FY 83 - FY 01
Sources Senate Staff, Overview of State Issues,
November 2000.
30
Glossary

• CERTIFICATION State revenue for the upcoming
  fiscal year for each fund is certified by the
  State Board of Equalization each February.
  Certification determines how much money can be
  appropriated - 95 of certified revenue to the
  General Revenue Fund, 100 of certified revenue
  to most other funds.
• COMMITTEE REPORT A document submitted to both
  houses containing the agreements of a conference
  committee resolving the differences of the two
  chambers
• COMMITTEE SUBSTITUTE The report of the members
  of the committee on any measure often eliminates
  the whole bill and substitutes a new one. This
  committee substitute replaces the original bill
  that was referred to a committee, including
  conference committees.
• CONCURRENT RESOLUTION Expresses the opinion or
  will of both houses and is adopted by both
  houses. It does not have the force of law. This
  form is used to memorialize Congress on
  particular matters, to request action of state
  officials and departments, and for similar
  purposes.
• CONFEREES Legislators appointed to serve on a
  conference committee.
• CONFERENCE COMMITTEE An ad hoc or temporary
  committee, with members from each house,
  appointed to reconcile differences in a measure
  that has passed both houses.
• CONFERENCE COMMITTEE REPORT A committee report
  emerging out of conference committee.
• CONSTITUTIONAL RESERVE FUND Also known as Rainy
  Day Fund. All General Revenue fund receipts in
  excess of certification are deposited to this
  fund. Half of the balance may be appropriated if
  one years estimated GR is lower than the
  preceding years. The other half may be
  appropriated upon declaration of an emergency,
• EFFECTIVE DATE Provisions of a bill that
  specify when the entire act or portions thereof
  become effective as law. Synonymous to
  operative date.

31
Glossary

• EMERGENCY CLAUSE A section in a bill which
  allows the measure to become effective
  immediately upon the signature of the Governor.
  A bill without the emergency clause becomes
  effective 90 days after sine die adjournment,
  unless a later date is specified therein.
• ENGROSSMENT The act of preparing an official
  copy of a bill or resolution as passed by one
  house, with all changes and amendments included.
  Engrossment of a measure in the originating house
  results in the engrossed measure. The opposite
  houses amendments to an engrossed measure will
  also undergo engrossment.
• ENROLLMENT The final official copy of a bill or
  resolution as passed by both houses of the
  Legislature, with amendments of the second house
  (and the conference committee, if applicable)
  included.
• EQUALIZATION BOARD A 7- member board composed of
  six top-ranking elected officials and the
  president of the State Board of Agriculture whose
  functions include certifying an estimate of
  revenue available for legislative appropriation.
• FISCAL YEAR The twelve month budgetary year from
  July 1 to June 30. Fiscal years are identified by
  their end date (i.e. FY01 ends June 30, 2001)
• G.C.C.A. (General Conference Committee on
  Appropriations) This committee is made up of
  members from both the House and the Senate who
  essentially write the final budget for the
  Legislature. It convenes late in the session
  after passage of the General Appropriations Bill
  and allocation of new revenue to subcommittees.
  Its work is done with subcommittees on groups of
  agencies. GCCA also serves as the conference
  committee for certain non-budgetary bills with
  fiscal implications.
• GENERAL APPROPRIATION (G.A.) BILL The bill
  funding the ongoing operations of state agencies,
  but not containing new programs. Unlike most
  measures, the G.A. bill does not need an
  emergency clause to become effective July 1..
• GENERAL ORDER An order of legislative business
  in which a chamber considers bills and joint
  resolutions which have been reported by standing
  committees.

32
Glossary

• JOINT RESOLUTION Resolution passed by both
  houses and has the force and effect of law. It
  may be used when a law of a temporary character
  is proposed. Joint Resolutions are also used to
  propose amendments to the Oklahoma Constitution.
• LEGISLATIVE REFERENDUM Process by which the
  Legislature votes to submit a matter to a vote of
  the people in the form of a State Question.
  Requires a two-thirds majority and is not subject
  to veto by the Governor .
• POCKET VETO A way for the Governor to kill a
  measure by failing to take any action on it
  within 15 calendar days after sine die
  adjournment
• RAINY DAY FUND see Constitutional Reserve Fund
• RECONCILLIATION BILLS Appropriations bills,
  grouped by similar agencies, that allocate new
  revenue, authorize directors salary and FTE
  limits, and state legislative intent on agency
  operations.
• SHELL BILL A measure introduced with amendments
  having little or no substantial effect which may
  later be used as a vehicle for more substantive
  legal changes.
• SIMPLE RESOLUTION Expresses the opinion or will
  of a single chamber and does not have the force
  of law. It is used for the same purposes as a
  concurrent resolution.
• SINE DIE ADJOURNMENT Final Adjournment. Set by
  the Constitution as 500 p.m. on the final Friday
  in May.
• SIMPLE MAJORITY One member more than half of
  those voting on a matter.
• STANDING COMMITTEE A committee established in a
  house for consideration of legislation.
• STRIKING THE TITLE Often a member of one of the
  houses will strike the title of a bill as an
  amendment. This cripples the bill so that the
  house making the amendment will be able to
  consider the legislation again before it is acted
  upon in its final form.
• TITLE A concise statement accurately expressing
  the contents of a bill, prepared as a preface to
  the bill, as required by the constitution.

33
Oklahoma Legislative Process On-Line Resources

• Oklahoma Legislature Home Page
• http//www2.lsb.state.ok.us/
• Link to House and Senate home pages
• Check bill status for current and prior
  sessions
• Retrieve text of current and previous sessions
  bills (all versions)
• Search OK statutes and Constitution
• Office of State Finance
• http//www.state.ok.us/osf.html
• Governors Annual Budget
• Certification estimates
• Oklahoma Home Page
• http//www.oklaosf.state.ok.us/
• Links to all state agencies, elected officials