Small: Oklahoma needs regulatory reform

Oklahoma needs regulatory reform

By Jonathan Small

A major focus of this year’s legislative session centers on reducing excessive government regulation.

House Bill 2728, by state Rep. Gerrid Kendrix and state Sen. Micheal Bergstrom, would create the Regulations from the Executive in Need of Scrutiny (REINS) Act of 2025.

Under the bill, any state agency rule with an economic impact of $1 million or more over a five-year period would face extra scrutiny and oversight from the Legislature.

Yet some question why Oklahoma needs this reform. The answer is simple: Because Oklahoma state agencies are as prone to overreach as government agencies in other parts of the country.

AFP-OK lauds passage of REINS bill as transformative regulatory reform

AFP-OK Applauds Senate Passage of REINS Bill

Transformative regulatory reform now heads to Gov. Stitt for signature

OKLAHOMA CITY, OK (May 1st) - Americans for Prosperity-Oklahoma (AFP-OK) celebrated the Senate passage of REINS (Regulations from the Executive in Need of Scrutiny) legislation today that will create a crucial check on the administrative state once signed into law. 

AFP-OK has been a steadfast advocate for HB2728, which will ensure that burdensome regulations from state agencies will have legislative approval before taking effect to protect taxpayers from the unchecked growth of government. 

House passes administrative rules reform measure; OCPA, AFP-OK praise

House Passes REINS Act

Second House priority bill passes House title-on in first three weeks of session

OKLAHOMA CITY (Feb. 20th) – The Oklahoma House of Representatives today passed House Bill 2728, a measure designed to enhance transparency and legislative oversight in the state’s administrative rulemaking process.

House Bill 2728, authored by Rep. Gerrid Kendrix, R-Altus, creates the Regulations from the Executive in Need of Scrutiny (REINS) Act of 2025, modeled after similar federal legislation. The bill ensures that state agency regulations receive greater legislative review before taking effect.

Rep. Gann's state agency budget transparency law takes effect

Gann's State Agency Budget Transparency Law Takes Effect

OKLAHOMA CITY – A law requiring state agency directors to certify their agency's annual budget is filed with the state Department of Libraries within the time required under state law takes effect today.

House Bill 3113, authored by Rep. Tom Gann, R-Inola, requires agency executive directors to certify their agency is in compliance with the Oklahoma State Government Open Documents Initiative when they submit their annual agency budgets to the Office of Management and Enterprise Services and the Legislature.

House sends bill to Governor to subject OMES to transparency and accountability act

Bill Making OMES Subject to Central Purchasing Act Sent to Governor

OKLAHOMA CITY (April 25th) – A measure making Oklahoma's state employee management agency and the Chief Information Officer subject to the Oklahoma Central Purchasing Act has been sent to the governor's desk.  

House Bill 3057, authored by Rep. Jay Steagall, R-Yukon, would require all purchases of equipment, products and services within the Information Services Division of the Office of Management and Enterprise Services (OMES) and the Chief Information Officer to be subject to the Oklahoma Central Purchasing Act and the Public Competitive Bidding Act of 1974 without exception. 

State Auditor finds systemic lack of oversight at critical state agency

Oklahoma's official government watchdog, State Auditor Cindy Byrd, is out with an absolutely scorching audit of OMES, finding all sorts of improprieties:

FEDERAL SINGLE AUDIT UNCOVERS OMES LACK OF OVERSIGHT

“I believe Oklahoma is rapidly becoming a no-bid state. This is a grave disservice to the taxpayers.”

OKLAHOMA CITY, OK (April 23, 2024) -- Oklahoma State Auditor & Inspector (SAI) Cindy Byrd today released the Federal Single Audit of expenditures made during FY 2022. This annual audit is a federally-mandated examination of whether the State of Oklahoma spent federal grant money in compliance with federal regulations.

The audit report covers more than $13 Billion of expenditures which are audited through a formula provided by the federal government. A majority of the $13 Billion came from COVID relief funds.

The most compelling information revealed in this audit is that COVID allowed the Office of Management and Enterprise Services (OMES) to establish a new set of rules for vendor contracts. SAI has determined these new rules are not in the best interest of Oklahoma taxpayers.

Bergstrom files bills to create a pathway to zero income tax, enhance administrative rules oversight

Bergstrom files bill to create a pathway to zero income tax

OKLAHOMA CITY (Dec. 7th) - On Wednesday, Sen. Micheal Bergstrom, R-Adair, filed Senate Bill 1228, a measure that would outline a pathway to eliminate the Oklahoma state income tax. This significant proposal aims to alleviate the burden on hardworking Oklahomans and spur economic growth by fostering job creation within small businesses.

Ethics Commission director resigns in protest over perpetual lack of funding

When it comes to oversight and accountability, there are few two agencies that Oklahoma's elected officials have traditionally disliked more -- and funded less -- than the Oklahoma Ethics Commission and the State Auditor & Inspector. With the former, years of legislative neglect (or outright hostility) have led to the resignation-in-protest by the Ethics Commission's executive director.

Bill to improve transparency of state contracts heads to governor

Bill to improve transparency of state contracts heads to governor

OKLAHOMA CITY (April 19th) – The Senate unanimously approved legislation Tuesday to provide more transparency of state service contracts. Sen. Bill Coleman, R-Ponca City, is the principal Senate author of House Bill 3484, which would require state agencies accepting a service contract, whether bid or no bid, to list the city, state, and country in which the services will be provided.

Gov. Stitt releases first annual administration accomplishments report

GOVERNOR KEVIN STITT RELEASES INAUGURAL ACCOMPLISHMENTS REPORT

Oklahoma City, Okla. (Jan. 22, 2020)— Governor Kevin Stitt released today the 2019 Stitt Administration Annual Accomplishments Report. The inaugural report focuses on the Stitt administration's progress thus far and displays the work being done to improve transparency, accountability and efficiency in state government.

“Oklahomans gave us a mandate to deliver more accountability in State government and to protect taxpayers by strengthening the state’s fiscal transparency,” said Governor Stitt. “We have made great progress and continue to build the road map for delivering a better state government that moves Oklahoma towards Top Ten status.”

Highlights of the report include:

Agency Accountability: 
Gov. Stitt signed into law legislation that allows the governor to hire the directors at five of the 12 largest state agencies. Past governors have produced blue ribbon studies showing that responsibility and power is spread so far and thin across state government that essentially few can truly be held accountable by the voters. Within the first two months of the Stitt administration, the governor and the Legislature worked together to produce historic reform that delivers much-needed accountability for the delivery of critical services and the management of billions in tax dollars.

Since being sworn in, the Governor has been a part of hiring 18 new agency directors and making more than 410 appointments across state government.

Largest Savings Account in State History:
Gov. Stitt led the state to build its largest savings account in state history.

The cornerstone of Gov. Stitt’s budget was centered on setting aside an additional $200 million, beyond the Rainy Day Fund’s automatic collection, while also increasing funding for core services by more than 5%. As a result, the state has more than $1 billion in savings, allowing Oklahoma to better protect the taxpayer and core services during inevitable and unforeseen changes in the economy.

Teacher Pay Raises:
Gov. Stitt called for and signed into law another teacher pay raise, for a second year in a row, and increased the state’s spending in public education to a historic high of $3 billion in state revenue annually.

Historic Commutation Release:
Gov. Stitt signed the largest single-day commutation in U.S. history.

On Nov.1, Gov. Stitt signed 523 commutations, with over 450 immediately released, that were sent to his desk by the Pardon and Parole Board under the HB 1269 docket, giving hundreds of nonviolent, low-level offenders an opportunity at a second chance. This historic commutation docket was the result of months-long collaboration between the Department of Corrections, Pardon and Parole Board, 200 nonprofit volunteers and many more. On Nov. 4, Gov. Stitt and First Lady Sarah Stitt greeted the 55 women at the Dr. Eddie Warrior Correctional Facility who were released through the HB 1269 docket.

Top Ten Cabinet Tours:
Gov. Stitt launched the Top Ten Cabinet Tour to engage with Oklahomans across the state.

The Stitt administration is committed to listening to and working with the people of Oklahoma to deliver a Top Ten state, which is why the governor took cabinet members on the road to hold public meetings and tour local businesses and state field offices. The Top Ten Cabinet Tour made stops in Woodward, Owasso, Lawton and McAlester.

Digital Transformation:
Governor Stitt appointed the state’s first Secretary of Digital Transformation to help accomplish a vision to bring Oklahoma state government fully into the digital age. By leveraging technology, the state will become more transparency, efficient, and customer friendly. Since the beginning of 2019, Oklahoma has begun to implement digital transformation measures by:

• Launching checkbook.ok.gov, moving the state’s online budget transparency ranking from 47th in 2018 to seventh place at the end of 2019.
• Launching the Oklahoma Mobile ID application, allowing Oklahomans to have their licenses accessible on their smartphone devices.
• Modernizing state parks by making it possible for parks to accept credit cards in the field for the first time in state history. 
• Beginning the process to modernize the administrative rules website to make it more user friendly and transparent. 

A copy of the complete report is available by clicking here.

Speaker McCall announces new oversight effort by House

Speaker McCall announces new oversight effort by House

OKLAHOMA CITY – Building off of greater oversight and transparency initiatives by the House over the past three years, House Speaker Charles McCall has launched a new initiative to increase legislative oversight and assess the performance of agency governing boards.

“The Legislature has been too deferential and hands-off with these governing boards for most of state history, and the House is going to change that,” said McCall, R-Atoka.

Speaker McCall is assigning House committees to regularly monitor the governing boards of more than three dozen state agencies and identify legislators to attend governing board meetings as necessary – including attendance at private executive sessions as authorized by state law – so legislators can be better informed and increase their watchdog role over agencies.

Additional government oversight by the House began in 2016, when the House launched more robust budget hearings for the largest state agencies. In 2017 and 2018, the House exposed waste and mismanagement at agencies through agency accountability hearings. In 2019, the Legislature created the Legislative Office of Fiscal Transparency, which next year will start providing legislators with independent budget information and agency performance reviews.

“Citizens want more oversight of government, and we are continuing to deliver it,” McCall said. “The House is continuing to build on the oversight efforts we have made in the past three years. This time, we are rolling up our sleeves, getting out of the Capitol and visiting agency governing boards ourselves to inform our policymaking. This work will occur year-round – regardless of whether the Legislature is in session.”

The initiative has five goals:

• Improve legislator understanding of agency governance and operations
• Assess each board’s oversight efforts and the effectiveness of the agency
• Monitor whether state appropriations are being used as intended and if adequate consideration is being given to potential liabilities attached to federal or other grants agencies may pursue
• Ensure enactment of new and existing laws, including rulemaking, is consistent with legislative intent and facilitates effective service delivery to the public
• Determine if executive sessions closed to the public are being used properly

“Oklahomans elected a record number of new legislators to bring real change to government, and this increased oversight is one way we will fulfill that voter mandate,” McCall said. “Between this House initiative, the creation of the Legislative Office of Fiscal Transparency last session, and the fresh eyes the Stitt administration is bringing to the executive branch, it is very much a new day of accountability in state government.”

Background

Oklahoma has nearly 200 boards and commissions overseeing state agencies. Many have existed for decades, or even since statehood.

“Quality Oklahomans serve on several of these boards, including many appointed by the legislative branch, but we as elected state representatives need to do more to monitor what these boards are doing or not doing. It is our constitutional duty,” McCall said.

A preliminary list of 40 boards that will be monitored and the committees assigned to them can be found here. Additional boards may be added in the future as warranted.

“The reality is there may need to be some wholesale restructuring of agency governance models in order to truly optimize government and improve service delivery for citizens. This effort will help sort out when and where that approach may be necessary,” McCall said.

McCall said the initiative complements efforts the governor’s administration is making to more proactively manage state agencies.

“Governor Kevin Stitt is doing a tremendous job providing stronger oversight of agency operations from the executive branch, and we are joining him in that effort from the legislative branch,” McCall said. “The direct hire and fire ability the Legislature recently granted the governor over some agency leaders, and the rebalancing of at-will board appointments, is already resulting in profound, positive culture change at state agencies. Oklahoma needs to build on this progress by placing additional agencies under similar structures.”

McCall added: “House members will not be attending these meetings as participants or to direct these entities. We will be there to observe and use information gleaned to improve our policymaking while ensuring agencies are giving taxpayers the best return on their investment. It will also heighten our ability to respond to constituent inquiries about agencies and services.”

Executive sessions

Since its enactment in 1977, the Oklahoma Open Meeting Act has contained a provision authorizing legislators to attend private, executive sessions of governing body meetings, but the provision has rarely been invoked.

“This is an important oversight component of the Open Meeting Act that we intend to start use,” McCall said. “There are legitimate reasons for executive sessions, but when they are used for the wrong reasons, it is to the detriment of Oklahoma citizens.”

Guidelines will be put in place to ensure confidentiality of executive sessions is maintained when a House member attends.

“House members will not be able to publicly share information discussed in those sessions if it is confidential information. However, if a representative observes something truly egregious, we will not hesitate to exercise our constitutional authority and independence as the situation warrants,” McCall said.

Some House members have already started attending governing board meetings – including executive sessions.

Rep. Sheila Dills, R-Tulsa, attended a Board of Education meeting and executive session in July. Reps. Toni Hasenbeck, R-Elgin, and Mark McBride, R-Moore, attended a University of Oklahoma Board of Regents meeting in September, and plan to attend meetings of other university governing boards in the future.

“The House members already attending these meetings have been warmly welcomed by the board members and agency staff, and we expect that will continue,” McCall said. “Ultimately, we see this as a partnership to foster better communication and cooperation between elected officials and agencies that results in a more functional government for Oklahomans.”

View Governing Board Monitoring Assignments here [PDF].

Stitt issues executive order to create accountability with Federal dollars pursued by state agencies

GOVERNOR STITT ISSUES EXECUTIVE ORDER TO CREATE ACCOUNTABILITY WITH FEDERAL DOLLARS PURSUED BY STATE AGENCIES

Oklahoma City, Okla. (Sept. 24, 2019)  – Governor Kevin Stitt announced today a new executive order to create stronger oversight and accountability for state agencies’ pursuit of new federal funds and other grant resources. Executive Order (EO) 2019-40 requires state agencies, boards or commissions to first submit any grant application for review to the office of the Governor and for approval by the Secretary of Budget before the agency’s final submission to the funding source.

“For the first time in state history, our executive budget this year outlined total dollars spent by state agencies, to include roughly 30% of funding that comes from the federal government,” said Gov. Stitt. “In this administration, we are focused on delivering transparency, accountability and oversight of Oklahomans’ tax dollars, whether it’s generated through the feds, fees, or fines. With this executive order, we will work to avoid the pursuit of short-term money that often leaves taxpayers holding the bag when the funding dries up, while also making certain that the grants we do apply for match the vision and values of Oklahoma.”

“Federal dollars are a significant part of the State’s total $19 billion budget,” said Secretary of Budget Mike Mazzei. “We’ve collaborated with the entire cabinet in order to address federal grants in a thoughtful manner that will streamline the approval process and comply with federal requirements to maintain a centralized database.”

EO 2019-40 requires all state agencies, boards, and commissions (other than State higher education member institutions and local school district boards) that desire to apply for a grant of $50,000 or more, including but not limited to grants from state government, private or public foundations, individuals, and non-profit organizations, to obtain the written approval of the appropriate Cabinet Secretary prior to beginning the grant application process. 

If a grant application is approved, the Cabinet Secretary will communicate the details of the grant application to the Secretary of Budget.

EO 2019-40 also requires state agencies, boards, and commissions (other than State higher education member institutions and local school district boards) that desire to apply for a grant in excess of $100,000 of any kind from the Federal government to obtain the written approval of the appropriate Cabinet Secretary and the Secretary of Budget prior to beginning the grant application process.

The executive order does not apply to “emergency” grant funds from the Federal government where the time from application to distribution of funds is typically less than 10 days, as is often the case with grants from the Federal Emergency Management Agency, and any “formula” grants from the Federal government that an agency, board, or commission has applied for in the past and received.

The Secretary of Budget is designated as the State of Oklahoma’s single point of contact (“SPOC”) under Presidential Executive Order 12372 to act as the State’s contact for the coordination and review of any proposed Federal assistance and/or direct Federal development.

A copy of EO 2019-40 is available by clicking here.

OCPA column: It's time for government to change

It’s time for government to change

By Jonathan Small

One reason Oklahoma remains mired at the bottom of many national rankings is that policymakers have been too willing to accept the status quo. “Because that’s how we’ve always done it” has been tolerated as an excuse for keeping government systems the same, year in and year out, regardless of results.

It’s still early, but Gov. Kevin Stitt appears to be an exception to that rule. He is challenging many long-held assumptions about Oklahoma government. Stitt has requested, and the Legislature has granted him, the power to appoint the leaders of major state agencies. The old system allowed Oklahomans to elect a new chief executive every four years, but then allowed unaccountable bureaucrats to stymie the voters’ desire for change. Thanks to Stitt’s efforts, a new degree of accountability has been added to government.

But Stitt’s efforts extend beyond reforming how agency leaders are selected. He’s also working to bring state agencies into the 21st century. Among those at the forefront of this fight is David Ostrowe, Stitt’s secretary of digital transformation and administration. Ostrowe’s job is to identify and eliminate much needless duplication and inefficiency in government. It appears there’s not a short supply of either, since Ostrowe recently remarked in a TV interview that Oklahoma’s current government structure can be described as follows: “If there’s a simple process, a simple way to go from A to Z, we go back to B several times.” The administration is working so everything from paying taxes to getting a license can soon be done via mobile technology. And the administration is trying to break down barriers between agencies, noting it makes no sense for Oklahomans to have to fill out the same paper forms over and over again every time they interact with a different part of government.

At a recent town hall event in Kingfisher, Stitt noted that Oklahomans could not use a credit card to pay for campsites at some state parks. In some instances, people literally stuffed cash into a box. “Y’all might help me with this,” Stitt quipped, “but I’m not positive that all those dollars made it to the treasury.” Thanks to Stitt’s efforts, Oklahomans can now use credit cards at those sites.

For too long, Oklahoma politicians have argued that there’s nothing wrong with state government, aside from not collecting enough taxes from Oklahoma workers. Stitt appears to be cut from different cloth. If he continues down the path he’s on, Oklahomans may soon enjoy greater convenience from state government. But more importantly, they will have government that responds to challenges by making limited tax dollars stretch further instead of default resorting to tax increases.

Jonathan Small serves as president of the Oklahoma Council of Public Affairs (www.ocpathink.org).

Governor Stitt releases First 100 Days in Office Accomplishments report

GOVERNOR KEVIN STITT RELEASES FIRST 100 DAYS IN OFFICE ACCOMPLISHMENTS REPORT 

Oklahoma City, Okla. (April 23, 2019) – Governor Kevin Stitt released today his First 100 Days in Office Accomplishments report. The report focuses on the Stitt administration's progress thus far and displays the work being done to improve transparency, accountability, and efficiency in state government. Highlights of the report include:

Agency accountability: 
Governor Stitt signed into law legislation that forces five of the 12 largest agencies to answer to the executive branch. Past governors have produced blue ribbon studies showing that responsibility and power are spread so far and thin across state government that essentially no one is able to be held accountable by the voters. Within the first two months of the Stitt administration, the governor and the Legislature worked together to produce historic reform in five of the largest agencies.

This reform now allows the governor to fire poor performing agency directors and recruit the best talent to come serve in these critical leadership positions, answering directly to the executive branch for the first time in state history.

Audits:
Governor Stitt requested performance audits of nine agencies in order to complete performance audits of the 12 largest agencies that consume 90% of the state budget.

The Stitt administration also requested two financial audits that were immediately implemented by the State Auditor and Inspector’s office. The most notable audit underway, at the request of Governor Stitt, is an audit of the Medicaid rolls.

Reducing OMES emergency supplemental request from $23 million to $0:
Governor Stitt's administration reduced the previous administration’s emergency supplemental budget request for Office of Management and Enterprise Services (OMES) from $23 million in October 2018 down to $0.

OMES is an interfacing state agency that provides IT, human resources and other services to state agencies. Prior to the Stitt administration taking office, OMES notified the Legislature that the agency needed an emergency injection of an additional $23 million before the end of the fiscal year. Within the first two months, Governor Stitt’s new Chief Operating Officer John Budd dug in to the finances of the agency and brought the emergency request to $16 million, and by April, COO Budd brought it down to $0 by changing processes within OMES, renegotiating vendor contracts, and leveraging the agency’s revolving funds.

First governor’s budget to highlight total dollars:
Governor Stitt introduced the first governor’s budget that outlines total dollars spent by state government.

Previous governor’s budgets focused solely on roughly 40% of the budget, the portion of tax dollars appropriated by the Legislature. Governor Stitt’s budget also outlines federal dollars being spent to support state government as well as apportionments and fees, directly collected by state agencies. The governor’s budget was provided online the first of February for all Oklahomans to see while the Legislature began budget negotiations.

Digital Transformation:
Governor Stitt appointed a Secretary of Digital Transformation, a brand new position, to help accomplish his vision to bring Oklahoma state government fully into the digital age. Already, Oklahoma has begun to implement digital transformation measures by:

• Modernizing state parks by making it possible for parks to accept credit cards in the field for the first time in state history. 
• Launching the beta test for digital driver’s license that would be Real ID Compliant. 
• Beginning the process to modernize the administrative rules website to make it more user friendly and transparent. 
• Securing a vendor to relaunch Oklahoma’s checkbook online 

A copy of the complete report is available by clicking here.

Stitt signs Agency Accountability bills, praises legislative leadership

GOVERNOR STITT SIGNS AGENCY ACCOUNTABILITY BILLS, PRAISES HOUSE AND SENATE LEADERSHIP

Oklahoma City, Okla. (March 13, 2019) – Governor Kevin Stitt today signed five agency accountability bills that give the executive branch the authority to hire and fire agency leaders for the Oklahoma Healthcare Authority (SB 456), Oklahoma Department of Transportation (SB 457), Oklahoma Department of Corrections (HB 2480), Oklahoma Office of Juvenile Affairs (HB 2479), and Oklahoma Department of Mental Health and Substance Abuse Services (HB 2483).

“This marks a historic day for the State of Oklahoma,” said Stitt. “With this legislation we are ensuring Oklahoma’s government is truly accountable to the people of Oklahoma. These reforms empower elected officials to deliver stronger oversight, better services, and accountable leadership across the state’s five largest agencies, and by maintaining governing boards, we will continue to ensure transparency in all agency operations. I would like to thank Speaker McCall and President Pro Tem Treat for championing these pieces of legislation that will undoubtedly help move our state forward.”

“Under our current structure, agency directors and boards are not accountable to anyone – certainly not to the governor or the taxpayers of Oklahoma,” said House Speaker Charles McCall. “This historic agreement transforms our government in a way that delivers real accountability for Oklahoma’s citizens. This has been a shared goal between the governor and House and Senate Republicans, and I am very thankful for the cooperation and leadership of Gov. Stitt and President Pro Tempore Treat. These bills ensure that the governor will truly be the chief executive of the executive branch by allowing him to hire and fire those agency directors, and it ensures that the Legislature maintains more oversight over those agencies that spend taxpayer money.”

“Since I’ve been in the Oklahoma Senate, Republicans have done a lot of great things like workers’ comp reform, pension reform, DHS reform, enacting the largest teacher pay raise in state history, and advanced the cause of life,” said Senate President Pro Tem Greg Treat. “But the government accountability measures, in my opinion, are the most substantial reforms Republicans will achieve in my tenure at the Capitol. For too long, agencies have been unaccountable to the people of Oklahoma. That’s wrong and that is changing for the better. Now, Oklahomans will know who to hold accountable for the successes or failures of these five agencies. This truly gives Governor Stitt the ability to put into place the leaders who can carry out his vision that will make Oklahoma a Top 10 state. I want to thank Governor Stitt and Speaker McCall for their hard work and cooperation. This is an amazing achievement that will transform Oklahoma for the next century. It’s the dawn of a new day across Oklahoma and it’s a day that will help us achieve an even better and brighter future.”

The agency accountability bills include the following provisions: 

• The Governor will have the authority to hire and fire the agency leader.
• Senate will have confirmation authority of the agency leader.
• State agencies will maintain governing boards, but board members will serve at will and the legislation will include a conflict of interest provision.
• The Governor will appoint a majority of the board members, and the House and Senate will gain appointment seats on the boards.
• The House and Senate will be able to remove agency leaders by achieving a two-third vote in both Chambers.

House sends agency reform bills to Governor's desk

House Passes Remaining Government Accountability Reform Bills

OKLAHOMA CITY – The House of Representatives passed the final two bills that are part of the historic government accountability reforms agreement announced last week between Gov. Kevin Stitt and House and Senate leadership.

Senate Bill 456 applies to the Oklahoma Healthcare Authority and passed by a vote of 74-23.

Senate Bill 457 applies to the Oklahoma Department of Transportation and passed by a vote of 75-23.

The House passed the other three bills in the agreement last week. All five bills in the agreement were authored by House Speaker Charles McCall and Senate President Pro Tempore Greg Treat (R-Oklahoma City).

“Oklahomans expect more accountability from their government, and, right now, our agency directors and agency boards are not really accountable to anyone – including the governor,” said Speaker McCall, R-Atoka. “This plan creates a structure that can deliver accountability much more effectively for our citizens. I am very thankful for the leadership and cooperation of Gov. Stitt and President Pro Tempore Treat in working with House Republicans to craft this agreement. These bills ensure that the governor will be the chief executive of the executive branch by allowing him to hire and fire those agency directors, and it ensures that the Legislature maintains some oversight over those agencies that spend taxpayer money.”

The plan gives the governor the ability to hire and fire the directors of five state agencies, including the Office of Juvenile Affairs, the Department of Corrections, the Department of Mental Health and Substance Abuse Services, the Oklahoma Health Care Authority and the Department of Transportation. The plan also retains the agency boards that provide oversight over those agencies and rebalances the appointment authority for those boards. It makes all board appointments “at will,” meaning they can be removed at any time by the appointing authority. Those boards would remain subject to the Open Records and Open Meetings Acts and would retain the ability to promulgate rules and perform other board activities.

The plan gives the governor five appointments on each board and gives the Legislature four appointments each, divided between Speaker of the House and the Senate President Pro Tempore. The plan also gives the Senate advice and consent on the governor’s agency director appointments. In addition, the plan allows the Legislature to remove any of the five agency directors with a vote of two-thirds approval in both chambers.

Both bills now head to the governor’s desk to await his signature. 

OCPA column: Limited government should also be effective

Limited government should also be effective

by Curtis Shelton, policy research fellow at the Oklahoma Council of Public Affairs

Who runs Oklahoma’s largest state agencies? This is a hard question to answer. Governors and legislators appoint members to agency boards. Those boards then choose agency directors. The directors nominally report to the board, but board members are volunteers who only meet occasionally and only know what agency staff tells them. Historically, these boards have a terrible track record when it comes to asking hard questions or holding anyone responsible.

Last week, Gov. Kevin Stitt and legislative leaders announced an agreement to increase accountability for five state agencies. The reforms will give the governor authority to hire and fire directors of the Oklahoma Health Care Authority, Oklahoma Department of Transportation, Oklahoma Department of Corrections, Oklahoma Office of Juvenile Affairs, and the Oklahoma Department of Mental Health and Substance Abuse Services. These are some of the largest state agencies.

The largest is the state’s Medicaid agency, the Oklahoma Health Care Authority (OHCA). According to the state Senate Appropriation Report for fiscal year 2019, OHCA had $1.1 billion in appropriations with a total budget of $5.8 billion. The smallest of these agencies is the Office of Juvenile Affairs with a total budget of $110 million. The Department of Transportation, Department of Corrections, and the Department of Mental Health and Substance Abuse Services have total budgets of $1.8 billion, $588 million, and $471 million respectively.

In all, the five agencies account for $8.7 billion of the $27 billion total budget reported by the state Senate. That is nearly a third of the total state budget that has limited accountability to current elected officials.

As of today, these agencies are run by boards whose members may have been chosen by previous governors and former legislators. The board members, and the directors they choose, have no direct accountability to the people for their results. When things go awry, as in the case of the recent financial scandal at the Oklahoma State Department of Health or past crises at the Oklahoma Department of Human Services, assessing who is responsible is difficult. Changing how agencies operate often seems impossible.

A limited government shouldn’t mean an ineffective one. Oklahoma’s current government structure pits its executive branch against itself and makes any real reform difficult. With the proposed changes, the people will know exactly who is responsible—the governor. With that responsibility comes the authority to hold these agencies accountable for how taxpayers’ dollars are being used.

Curtis Shelton serves as a policy research fellow focusing on fiscal and tax policy for the Oklahoma Council of Public Affairs.

Stitt praises House and Senate movement on agency accountability bills

GOVERNOR STITT PRAISES HOUSE AND SENATE ADVANCEMENT OF GOVERNMENT ACCOUNTABILITY LEGISLATION

Oklahoma City, Okla. (March 6, 2019) – Governor Kevin Stitt released the following statement praising the House passage of HB 2479, HB 2480, and HB 2483 and Senate passage of SB 456 and SB 457.

“I applaud the House and Senate for their continued dedication to government reform,” said Stitt. “We are one step closer to providing greater accountability and transparency for the people of Oklahoma. These bills empower elected officials to deliver stronger oversight, better services, and accountable leadership across the state’s five largest agencies, and by maintaining governing boards, we will continue to ensure transparency in all agency operations. I would like to thank Speaker McCall and President Pro Tempore Treat for championing these pieces of legislation that will undoubtedly help move our state forward.” 

House Passes Government Accountability Reform Bills

OKLAHOMA CITY (March 6, 2019)  – Three bills that are part of the historic government accountability reforms agreement announced this week cleared the House floor today. Gov. Kevin Stitt and House and Senate leadership announced the agreement yesterday.

The plan gives the governor the ability to hire and fire the directors of five state agencies, including the Office of Juvenile Affairs, the Department of Corrections, the Department of Mental Health and Substance Abuse Services, the Oklahoma Health Care Authority and the Department of Transportation. The plan also retains the agency boards that provide oversight over those agencies and rebalances the appointment authority for those boards. It makes all board appointments “at will,” meaning they can be removed at any time by the appointing authority. Those boards would remain subject to the Open Records and Open Meetings Acts and would retain the ability to promulgate rules and perform other board activities.

The plan gives the governor five appointments on each board and gives the Legislature four appointments each, divided between Speaker of the House and the Senate President Pro Tempore. The plan also gives the Senate advice and consent on the governor’s agency director appointments. In addition, the plan allows the Legislature to remove any of the five agency directors with a vote of two-thirds' approval in both chambers.

All three bills were authored by House Speaker Charles McCall. The other two measures that are part of the agreement will start in the Senate.

“This has been a shared goal between the House, the Senate and the Governor’s Office, and it is a significant restructuring of how our government operates,” said Speaker McCall, R-Atoka. “We all recognize that Oklahomans expect much more accountability in their government, and this plan will ensure that agency directors and agency board appointees are held accountable to those who have been elected to hold them accountable. Under our current system, these directors and board appointments are not really accountable to anyone.”

House Bill 2479 applies to the Office of Juvenile Affairs and passed by a vote of 76-22.

House Bill 2480 applies to the Department of Corrections and passed by a vote of 76-20.

House Bill 2483 applies to the Department of Mental Health and Substance Abuse Services and passed by a vote of 76-20.

All three bills now head to the Senate for consideration.

Senate Sends OHCA, ODOT Government Accountability Bills to House

Bills part of agreement to give governor ability to hire/fire agency leaders.

OKLAHOMA CITY (March 6, 2019)  – The Oklahoma Senate overwhelmingly passed two government accountability measures that are a part of a larger deal to give the governor the ability to hire the heads of five of the largest state agencies.

Senate President Pro Tempore Greg Treat’s bills would give the governor the ability to hire and fire the head of the Oklahoma Health Care Authority (SB 456) and the director of the Oklahoma Department of Transportation (SB 457) with Senate confirmation.

“The century old system we operate now is broken. Agencies aren’t accountable to anyone other than a board of unelected bureaucrats. That is unacceptable and it must change. As the CEO of the executive branch, Oklahoma’s governor needs the ability to hire a team to enact his or her vision for the state. Agency directors will be directly accountable to the governor under our government accountability bills. That’s the best way to inject more accountability into state government and give the governor the ability to truly make improvements all across state government,” said Treat, R-Oklahoma City.

Key parts of government accountability bills:

• The governor would have the authority to hire and fire the agency leader with Senate confirmation.
• State agencies would maintain governing boards, but board members will serve at will and a conflict of interest provision is included in legislation.
• The governor would appoint a majority of the board members, and the House and Senate would gain appointment seats on the boards.
• The House and Senate would be able to remove agency leaders with a two-thirds vote in both chambers.
• SB 456 passed on a 37-9 vote, and SB 457 was approved on a 36-9 vote. Both measures now head to the House of Representatives.

The other bills in the government accountability agreement are:

• HB 2480, Oklahoma Department of Corrections
• HB 2479, Oklahoma Office of Juvenile Affairs
• HB 2483, Oklahoma Department of Mental Health and Substance Abuse Services

OCPA, House Dem Leader react to agency accountability plan

Following a press conference featuring Governor Kevin Stitt, House Speaker Charles McCall, and Senate President Pro Tempore Greg Treat announcing several bills aimed at restoring accountability to state agencies, we have two opposite reactions to the plan.

Up first, the Oklahoma Council of Public Affairs approves:

OCPA President Jonathan Small

OCPA statement on agency accountability agreement

After Gov. Kevin Stitt and legislative leadership announced an agreement on state agency accountability, Jonathan Small, president of the Oklahoma Council of Public Affairs (OCPA), released the following statement:

“It’s great to see the governor and legislative leadership reach an agreement on this important issue.

“Oklahoma voters made themselves loud and clear when they elected Gov. Stitt: they want our state’s chief executive to have the power to do the job.

“In 2012, voters passed a constitutional amendment that changed the governance structure of the Oklahoma Department of Human Services, which has proven successful. Today’s agreement brings similar accountability to critical areas of state government.”


On the flip side, here's the response from the perpetually-negative House Democrats:

House Minority Leader Emily Virgin (D-Norman)

Leader Virgin Responds to GOP Government Accountability Plan

OKLAHOMA CITY – House Minority Leader Emily Virgin (D-Norman) released the following statement after Gov. Kevin Stitt, alongside House and Senate Republicans, announced a partisan plan for government accountability.

“We have reached a point where the term ‘government accountability’ has lost all meaning,” Virgin said. “By taking away the decision-making power of our boards, we are moving decisions from a venue that falls under the Open Meetings Act and is in view of the public to a venue that is literally behind closed doors and lacking transparency.

Additionally, we have had many agency heads that have pushed our state in the right direction in spite of Capitol politics. By removing the oversight ability of the boards, we are creating an environment that will not only allow political patronage but will demand it. This plan isn’t about providing transparency. It is about acquiring power.”

Stitt, legislative leadership announce agency accountability legislation

GOVERNOR STITT, HOUSE AND SENATE LEADERSHIP ANNOUNCE AGENCY ACCOUNTABILITY LEGISLATION

Oklahoma City, Okla. (March 5, 2019) – Governor Kevin Stitt, Speaker Charles McCall, and President Pro Tempore Greg Treat announced today five agency accountability bills that would give the executive branch the authority to hire and fire agency leaders for the Oklahoma Healthcare Authority (SB 456), Oklahoma Department of Transportation (SB 457), Oklahoma Department of Corrections (HB 2480), Oklahoma Office of Juvenile Affairs (HB 2479), and Oklahoma Department of Mental Health and Substance Abuse Services (HB 2483).

“Oklahomans want three things: accountability, transparency, and results,” said Gov. Stitt. “Elected officials’ hands have been tied in achieving these outcomes, because our current system has given agencies too much independence from the voter. This agency accountability legislation empowers elected officials to deliver stronger oversight, better services, and accountable leadership across five of the largest state agencies. It also serves as a blue print to pursue reform across all of state government. I appreciate Speaker McCall’s and President Pro Tempore Treat’s leadership in negotiating this critical piece of government reform, and I look forward to working with them to get it enacted into law soon.”

“We have been working diligently for many weeks with Gov. Stitt and Senate leadership on these bills, and we believe this plan will greatly improve our state’s governing structure both for now and for the next generation of leaders,” said Speaker McCall. “This has been a shared goal between the House, Senate and the governor, and it accomplishes the framework that we all believed was necessary to achieve real accountability. This plan gives the governor the ability to hire and fire agency directors, and it rebalances the appointing authority to allow the Legislature to actually maintain a check on the boards and agencies that spend taxpayer dollars.”

“Government accountability is essential to changing the trajectory of our state for the better,” said Senate President Pro Tempore Treat. “It’s important for the governor, regardless of his or her political affiliation, to have the ability to hire state agency directors to carry out the vision for which he or she was elected. The system is broken; the system divides the executive branch against itself, which preserves the status quo and stifles innovation and improvement at state agencies. These bills will move Oklahoma forward by giving Governor Stitt the ability to put his team in place to fully carry out his vision for Oklahoma.

“I have confidence that Governor Stitt will seek talented, qualified candidates to lead these agencies. Checks and balances among the three branches of government are good. The Senate is committed fully to our part in the process by conducting a robust and thorough confirmation process of the agency directors.

“I want to thank Governor Stitt and Speaker McCall for their hard work and partnership in negotiating this agreement. This agreement is evidence of how much Oklahoma benefits when the governor and Legislature work together from the same game plan.”

The agency accountability bills include the following provisions: 

• The Governor would have the authority to hire and fire the agency leader.
• Senate would have confirmation authority of the agency leader.
• State agencies would maintain governing boards, but board members will serve at will and the legislation will include a conflict of interest provision.
• The Governor would appoint a majority of the board members, and the House and Senate would gain appointment seats on the boards.
• The House and Senate would be able to remove agency leaders by achieving a two-third vote in both Chambers.