Oklahoma attorney general's opinion requires oversight of agency purchases, after legislative report found the state spent $3 billion without fiscal accountability.
TRANSCRIPT
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Dick Pryor: This is Capitol Insider - taking you inside politics, policy and government in Oklahoma. I'm Dick Pryor with Quorum Call reporter Tyler Talley, filling in for Shawn Ashley. On Thursday, Attorney General Gentner Drummond issued an opinion stating that the Office of Management and Enterprise Services – OMES - is required to oversee all state agency acquisitions, including verifying the legitimacy of agency claims that certain purchases may be exempt from the Central Purchasing Act. Tyler, this is a significant opinion. Why was it requested?
Tyler Talley: Yes, Drummond's opinion was in response to a request by House Appropriations and Budget Committee Vice-Chair Ryan Martinez and several OMES officials, including former executive director Steven Harp, had argued in the past year that the agency did not have the authority to verify whether a claimed exemption to the Central Purchasing Act was legitimate, an assertion Drummond also challenged in his opinion. This all comes hot off the heels of a recent report from the Legislative Office of Fiscal Transparency, known as LOFT for short, which Drummond also cited in his opinion that found that OMES has essentially provided no accountability oversight on more than $3 billion in state expenditures from various agencies during fiscal year 2022, which ended June 30th.
In his opinion, Drummond urged state legislators to give serious consideration to recommendations made in the LOFT report. And there is currently one bill alive - House Bill 1774 - that would target the Oklahoma Tourism and Recreation Department's exemption from the provisions of the Central Purchasing Act. That bill is on general order and awaiting consideration by the full Senate.
Dick Pryor: An attorney general's opinion also entered into the nomination of Dr. Katherine Curry to be Governor Stitt’s Secretary of Education instead of State Superintendent Ryan Walters. What was the rationale behind that opinion?
Tyler Talley: Attorney General Drummond sent a letter to Senate Pro Tem Greg Treat, which was dated March 7th, effectively saying he believes Superintendent Walters cannot simultaneously serve as secretary of education and state superintendent. Oklahoma prohibits state officers and deputies from simultaneously holding another state office or serving as the deputy of any other state office. There are exemptions, but Drummond said none of them applied to the secretary of education or state superintendent.
Dick Pryor: Bills and bill language often don't really die in the legislature. Case in point is a bill that did not advance in March when it failed to be considered by the deadline for bills to be heard on the floor of the House. Now that bill is back. Tell us about Senate Bill 1056.
Tyler Talley: Yes, that can be a wild ride, this process. The House Judiciary Criminal Committee brought forward Senate Bill 1056 on Wednesday, which in its original form related to obscene material and minors. However, Representative Kevin West, who is the bill's House author, brought forward new language that replaced or as the term in the capitol goes, “shucked” those original provisions with those like an earlier House bill he authored, which was House Bill 2186. That bill was advanced by the same committee but failed to be heard on the House floor.
The shucked version of Senate Bill 1056 now makes it unlawful for a person to engage in adult performance which contains obscene material or for any political subdivision to allow, permit, organize or authorize the viewing of an adult performance which contains obscene material on public property or in a public space where the adult performance could be viewed by a minor. Drag shows could potentially fall under this. West made alterations in this new language from the previous House version to perhaps make it more palatable for those with concerns with the goal of getting it to the full House.
Dick Pryor: Tyler, a bill that would give charter schools the right of first refusal to lease land made available by the Commissioners of the Land Office has advanced, but narrowly. A rare legislative process came into play in that vote.
Tyler Talley: Yes, there were concerns from both sides of the aisle in the House Common Education Committee on Senate Bill 519 over giving priority to charter schools over public schools for CLO land. The vote sat at a split - 5 to 5 - for a few minutes before House Speaker Pro Tempore Kyle Hilbert was called in to cast the deciding vote, leaving it at a 6 to 5 vote. Given that narrow vote, it's clear lawmakers will have to continue to work on that legislation.
Dick Pryor: What will legislators be working on in the week ahead?
Tyler Talley: As of this week, there are about 500 House and Senate bills still alive. Thursday was the deadline for most bills to be heard in committee of the opposite chamber. And we still have some key appropriations and education bills on the horizon.
Dick Pryor: Tyler Talley, thank you. And that's Capitol Insider. For more information, go to quorumcall.online. You can find audio and transcripts at kgou.org and listen to Capitol Insider where you get your podcasts. Until next time I'm Dick Pryor.
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