Oklahoma Senate votes to override tribal tobacco tax compact veto

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The Oklahoma Senate voted Monday to renew tobacco tax compacts with tribal nations over the vocal objections of Gov. Kevin Stitt.

The compact debate has dominated Oklahoma politics this summer, with lawmakers and Stitt deeply divided over the best way to move forward. Leaders of 26 tribal nations had called on lawmakers to act before the bulk of the deals expire in December.

Stitt rejected the Legislature’s initial attempt  to renew the agreements, and the Senate fell short in its first vote to override his veto in June. But more supporters showed up this time around, adding three critical votes to defeat the veto 34-7.

Chickasaw Nation Gov. Bill Anoatubby looks down on the Senate floor Monday after lawmakers adjourned a special session of the Oklahoma Senate, which voted to extend tribal compacts and override a Gov. Kevin Stitt veto.
Chickasaw Nation Gov. Bill Anoatubby looks down on the Senate floor Monday after lawmakers adjourned a special session of the Oklahoma Senate, which voted to extend tribal compacts and override a Gov. Kevin Stitt veto.

Senators also voted by the same margin to override a second veto and renew car registration compacts with the Cherokee, Chickasaw and Choctaw nations. The compact extensions last through 2024.

“It’s not like a celebration. It’s — I hope that we move to the next level of having real in-depth negotiations about what these compacts should look like going forward,” Senate leader Greg Treat said after the vote.

Elected leaders and representatives of at least eight tribal nations, including the Cherokee, Chickasaw, Choctaw, Muscogee, Quapaw, Sac and Fox, Seminole and Shawnee tribes, watched the proceedings from the Senate gallery.

“We’ve got to do what’s best for the tribe and best for the state,” said David Hill, principal chief of the Muscogee Nation in eastern Oklahoma. “That’s all we want.”

Muscogee Nation Principal Chief David Hill, front row, right, Chickasaw Nation Gov. Bill Anoatubby, Choctaw Nation Chief Gary Batton and Seminole Nation Chief Lewis Johnson, watch the final vote count on Monday after the Oklahoma Senate voted to override Gov. Kevin Stitt and extend certain state-tribal compacts.
Muscogee Nation Principal Chief David Hill, front row, right, Chickasaw Nation Gov. Bill Anoatubby, Choctaw Nation Chief Gary Batton and Seminole Nation Chief Lewis Johnson, watch the final vote count on Monday after the Oklahoma Senate voted to override Gov. Kevin Stitt and extend certain state-tribal compacts.

Stitt has disputed assertions that he was not been willing to negotiate and denounced the legislative efforts as a move to cut him out.

“Despite real concerns for the future of our state, the Senate has chosen to disregard the governor’s compact in favor of compact language the tribes wanted,” Stitt said in a statement after Monday’s vote.

More: The story behind Gov. Stitt's new 'One Oklahoma' video on tribal reservations

The agreements allow for Oklahoma to receive half of the tax money generated from the sales of tobacco products on tribal lands. The revenue adds up to around $50 million a year.

Governor, lawmakers disagree on compact extensions

Stitt wants to change the terms of the deals, while the Legislature is advancing the renewals without any tweaks. Lawmakers have kept a special session alive through the summer to vote on the overrides.

Pressure built on all sides of the debate ahead of Monday’s vote. Stitt released a video on social media urging Oklahomans to side with him and tell lawmakers to vote no.

Ultimately, no senator withdrew their support. Three who did not attend the failed override vote arrived on Monday and cast votes in support of the bill.

Senate President Pro Tem Greg Treat speaks with The Oklahoman after the Senate voted Monday to renew state-tribal tobacco tax and vehicle registration compacts through 2024.
Senate President Pro Tem Greg Treat speaks with The Oklahoman after the Senate voted Monday to renew state-tribal tobacco tax and vehicle registration compacts through 2024.

“I think it shows that it was ineffective and that members saw through the rhetoric and looked at the facts,” Treat said of the pressure applied by the governor.

Stitt’s criticism of the compact renewals stems from his broader efforts to push back against the growing recognition of tribal reservations in eastern Oklahoma. Federal law limits state powers over tribal citizens on tribal reservations.

More: Six key moments defining Oklahoma's relationship with Native tribes under Gov. Kevin Stitt

The governor is trying to rework the tobacco tax compacts to make clear they only apply to specific types of tribal land, not to any land within the reservations. He said Monday he wants to ensure what’s best for all Oklahomans.

Working to limit the rights of tribal nations without offering any concessions on the state’s part is not a compromise, said Ben Barnes, chief of the Shawnee Tribe in the northeast corner of the state. He traveled to the Capitol to watch the vote in person.

“In negotiations, both people give a little bit,” said Barnes, who also leads the intertribal advocacy group United Indian Nations of Oklahoma. “This is not a negotiation.”

The elected leaders of several tribal nations attended Monday's vote by the Senate, including Quapaw Nation Chair Wena Supernaw, left, and Shawnee Tribe Chief Ben Barnes.
The elected leaders of several tribal nations attended Monday's vote by the Senate, including Quapaw Nation Chair Wena Supernaw, left, and Shawnee Tribe Chief Ben Barnes.

Lewis Johnson, chief of the Seminole Nation, also attended the vote. He said the action shows the Legislature’s willingness to work on a government-to-government basis with tribal nations.

“Throughout the annals of history, tribes have always wanted to be dealt with fairly and honorably,” he said.

Other tribal compacts still up for override vote in the Oklahoma House

The override process is now complete on the vehicle registration compacts, but the House must still vote to pass the tobacco tax compacts. The vote is scheduled for July 31.

Senate Pro Tem Greg Treat addresses the Senate Monday during a special session to vote on extending some state-tribal compacts in opposition of Gov. Kevin Stitt.
Senate Pro Tem Greg Treat addresses the Senate Monday during a special session to vote on extending some state-tribal compacts in opposition of Gov. Kevin Stitt.

Treat said he is hopeful an extra year can give more time for Stitt and tribal leaders to work out agreements. But if negotiations do not progress, the Legislature could consider taking on a bigger role, he said. “I look at it as a probationary period for the governor,” said Treat, R-Oklahoma City.

Wena Supernaw, who took office earlier this month as the chair of the Quapaw Nation, said she was encouraged to hear lawmakers will continue to monitor the compact talks.

“Maybe the right answer is to take the compact negotiations out of the governor’s office,” she said.

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Editor's note: This was a developing story and has been updated.

This article originally appeared on Oklahoman: Oklahoma Senate overrides tribal tobacco compact veto from Stitt