Legislature stabilizes budget, affirms governor’s emergency response power for COVID-19
Monday’s proceedings operated under strict public health protocols, such as restricting access to the Capitol and allowing no more than 10 people in any room at any time. Sixteen House members voted remotely from their districts under a House rule allowing remote voting during the pandemic.
The House was able to accomplish its work in less than two and a half hours by using protocols to expedite floor proceedings for public health purposes. During that time, it sent five necessary measures to the Senate, which approved them.
“The Legislature acted swiftly and decisively to address these needs,” said House Speaker Charles McCall, R-Atoka. “The Legislature made sure there will be no budget cuts to state agencies this fiscal year during the pandemic response while giving the governor the ability to step up the state’s response. We had business to take care of for the good of the state, and we did not hesitate to complete it. We are keeping government functional.”
McCall added: “The spirit of collaborative productivity this Legislature has embraced made this possible, and I extend my thanks to all the members in both parties in both chambers for their decisive actions today for the State of Oklahoma.”
Budget stabilization
The budget stabilization bills withdraw money from state reserve accounts to address the revenue failure in the current fiscal year. Economic slowdowns caused by COVID-19 and low oil prices caused a $416 million revenue shortfall that will be filled with reserve funds under the legislation passed Monday. Agencies would not experience cuts under these measures.
The budget stabilization bills, which all passed the House unanimously, are:
- Senate Bill 1053 sends $201.6 million from the Rainy Day Fund to the Revenue Stabilization Fund.
- Senate Bill 199 sends $302.3 million from the Rainy Day Fund to the General Revenue Fund.
- Senate Bill 617 authorizes the Office of Management and Enterprise Services to withdraw up to half of the balance of the Revenue Stabilization Fund to avoid cuts to agencies and the 1017 fund for education in a revenue failure in the current fiscal year.
In total, the Legislature approved withdrawing $503.9 million from the Rainy Day Fund. Any excess funds will remain in the Revenue Stabilization Fund for use by the Legislature and executive branch budget officials in addressing potential future revenue failures, as authorized in SB 617.
After the withdrawals, the Rainy Day Fund balance is $302.3 million and the Revenue Stabilization Fund balance is $349.7 million.
Health emergency affirmation
House Concurrent Resolution 1001x affirms the governor’s declaration of an expanded statewide health emergency. Under state law, the Legislature’s affirmation of the declaration lasts for 30 days. It passed the House, 99-1, and Senate and, as a concurrent resolution, is not required to go to the governor. It is now in effect.
The governor’s declaration allows the executive branch to centralize state and county health department response efforts, let first responders to know if they are responding to a location with a COVID-19 patient, and the governor to waive certain laws and rules for the purpose of the pandemic response.
“There always has to be a check to power, even with people we trust,” said House Majority Floor Leader Jon Echols, R-Oklahoma City, who presented the measure. “This measure allows the governor very broad powers deemed necessary for an effective response. We will be watchful, however, to ensure that the governor acts in the best interest of all Oklahomans, which we are confident he will.”
The Legislature adjourned special session to the call of the chair, which would allow it to return to special session to revoke or change the powers granted to the governor within the next 30 days, if needed.
The governor was required by law to call a special session of the Legislature for the purpose of affirming or denying the expanded health emergency declaration.
Next steps
The Legislature had not been in the Capitol since March 17, when a staffer tested positive. Since then, the Capitol was deep cleaned as legislators worked from their districts and staff worked remotely.
The Legislature will stand in recess again and continue to work from districts until taking up next year’s state budget.
“Our next order of business is a budget for next year, and an agreement on that budget is approaching,” McCall said. “Once next year’s budget is done, a limited number of policy bills will come next.”
McCall said Monday’s action showed the necessity of the Legislature remaining in session at this time.
“The Legislature will remain ready to respond in a responsible manner, as we did today, to future needs as they may arise,” McCall said. “We have been able to remain productive in our districts without convening at the Capitol except when necessary to act, as we did today. This will remain our approach going forward.”
Oklahoma Senate approves measures stabilizing state budget, affirming governor’s health emergency declaration
The Oklahoma Senate met in special session and regular session on Monday and employed social distancing measures to protect the health and safety of the senators and few essential staff working at the Capitol. Some of those measures included checking temperatures of those entering the Capitol, limiting the number of senators on the Senate floor to 10 at a time, and wearing cloth masks sewn by a Senate staffer.
The current state budget experienced a revenue failure of approximately $416 million due to the ongoing coronavirus pandemic and a steep drop in the price of oil and natural gas. In regular session, the Oklahoma Senate met and advanced measures to allow the use of state savings to prevent automatic budget cuts of approximately 6 percent because of the revenue failure.
“The state has total savings of approximately $1 billion for times just like this. It is appropriate for the Legislature to use these savings to prevent budget cuts to all state agencies, including those working hard right now to protect the health and safety of Oklahomans during the COVID-19 pandemic,” said Senate President Pro Tem Greg Treat, R-Oklahoma City. “Using savings and reserve funding will ensure agency budgets are kept whole and that critical services continue to be delivered to Oklahomans. I appreciate the work of our Senate appropriations chairman and the Senate budget staff on these measures to shore up the current state budget.”
The budget stabilization bills are:
- Senate Bill 1053, which sends $201.6 million from the Rainy Day Fund to the Revenue Stabilization Fund.
- Senate Bill 199, which sends $302.3 million from the Rainy Day Fund to the General Revenue Fund.
- Senate Bill 617, which authorizes the Office of Management and Enterprise Services to withdraw up to half of the balance of the Revenue Stabilization Fund to avoid cuts to agencies and the 1017 fund for education in a revenue failure in the current fiscal year.
In total, the Legislature approved withdrawing $503.9 million from the Rainy Day Fund. Any excess funds will remain in the Revenue Stabilization Fund for use by the Legislature and executive branch budget officials in addressing potential future revenue failures. After the withdrawals, the Rainy Day Fund balance is $302.3 million and the Revenue Stabilization Fund balance is $349.7 million.
In special session earlier Monday, the Senate met and affirmed the Governor’s health emergency declaration in accordance with the provisions of 63 O.S. § 6101 - 6900 due to the ongoing COVID-19 pandemic. The declaration, which gives the Governor additional authority to coordinate the overall state response to COVID-19, also included a call for a special session of the Legislature to approve or reject the governor’s declaration.
The two measures approved by the Senate in special session were:
- House Concurrent Resolution 1001x, which affirmed the governor’s health emergency declaration; and
- House Concurrent Resolution 1002x, which allowed the special session to remain recessed for longer than three days.
“The coronavirus poses a significant threat to the health and safety of Oklahomans and it must be taken seriously. We must do all we can to protect life at every stage. That’s why the Senate voted to approve the governor’s health emergency declaration to assist in the coordination of the response to this threat on a statewide level,” Treat said.
The resolution approving the health emergency declaration included a provision that the Senate pro tem and House speaker would be given prior notice by the governor before any specific statutes or regulations were suspended under the health emergency declaration.
“There was some concern among lawmakers, the media and the public about prior notification of when rules and regulations would be waived as a part of the COVID-19 response. By adding a provision that the Senate and House leaders be notified before that occurred, we are able to maintain appropriate checks and balances while maintaining flexibility for the governor to direct and enact the state response to this health care crisis,” Treat said.
The special session resolutions are effective immediately. The special session adjourned to the call of the chair. The Legislature, if necessary, could reconvene within the next 30 days to address any other issues related to the health emergency declaration.
Additionally, during regular session the Senate adopted Senate Resolution 17 and a motion from Treat and Senator Kay Floyd to suspend certain rules in order to allow the chamber more flexibility to conduct business for the remainder of the session.
“Traditionally, the rules of the Senate have required members to be physically present for committee meetings and Senate floor proceedings. The ongoing health emergency, where health officials recommend limited in-person interactions, presents challenges for the Senate to conduct official business. That’s why the Senate waived certain rules so that for the remainder of this session and the special session, we can have flexibility to conduct official business, while still following health recommendations for social distancing,” Treat said.
Treat said the Senate granted senators permission to remotely or virtually participate in committee meetings and Senate floor proceedings. He said final implementation plans would be made public, and that the Senate would ensure the public could follow those proceedings online.
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