Oklahoma's special legislative session fizzles out in disappointment. What's next?

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Oklahoma's special legislative session, called by Gov. Kevin Stitt in part to trim the state's income tax, has fizzled out in frustration and disappointment.

The Oklahoma House of Representatives met only briefly Wednesday morning before adjourning — at least temporarily. The Oklahoma Senate had adjourned its session permanently the day before.

What happened?

Keith Gaddie, a retired political science professor from the University of Oklahoma, said it was like watching a Shakespearian play.

"The choice is between a Shakespearean comedy and the Shakespearean tragedy," Gaddie said.

On Sept. 11, Stitt called for the special session "to put Oklahoma on the path to zero state income tax." He asked that the tax rate be cut from 4.75% to 4.50% as a start.

Rep. Mark McBride asks House Speaker Pro Tem Kyle Hilbert what's going on Wednesday as House Republicans waited until the end of roll call to come to the floor, on the second day of the legislative special session at the Oklahoma Capitol.
Rep. Mark McBride asks House Speaker Pro Tem Kyle Hilbert what's going on Wednesday as House Republicans waited until the end of roll call to come to the floor, on the second day of the legislative special session at the Oklahoma Capitol.

The governor also asked for a "trigger law" to eliminate any state tax for all Oklahomans "if a state or federal court finds that some residents, due to their race, heritage or political classification, don't have to pay a state tax."

This request was in response to a case now before the Oklahoma Supreme Court. A Muscogee Nation citizen is seeking an exemption from state income taxes because she lives and works on her tribal reservation. Her claim follows a U.S. Supreme Court ruling, referred to as the McGirt decision, which found that some tribal reservations were never disestablished and remain sovereign. The Oklahoma Tax Commission has estimated the state might lose as much as $100 million a year in tax revenue if the McGirt decision is applied to tax issues, as well as criminal matters.

More: Oklahoma Legislature effectively ends special session five hours after it opened

Stitt also called for more legislative transparency in submitting appropriations bills with enough time for careful review and consideration before the end of session deadline.

The Oklahoma Senate chambers are roped off Wednesday after adjournment. The special session called by Gov. Kevin Stitt lasted barely more than a day before fizzling out in disappointment and frustration.
The Oklahoma Senate chambers are roped off Wednesday after adjournment. The special session called by Gov. Kevin Stitt lasted barely more than a day before fizzling out in disappointment and frustration.

However, the governor chose not to discuss his proposal, as invited, before the Senate Appropriations Committee.

Treat had said he was concerned that eliminating the income tax would punch a $4 billion hole in the state budget and wanted the governor to explain his plan. He said the governor's failure to appear was frustrating, and just hours after the session had opened, the Senate called it quits, adjourning for good, or "sine die."

House Speaker Charles McCall, R-Atoka, said Wednesday the House leadership was disappointed the Senate had adjourned sine die without taking any votes on tax measures. McCall said the House would continue to work on the tax cuts.

"We're very disappointed there was no communication beforehand what the Senate's action would be," he said. "If the Senate is interested in something else they need to communicate it to the House."

What's next? How much does a special session cost taxpayers?

While the House could continue to process legislation, McCall said he would not bring House members back over the next few days "and waste the taxpayer's money." He said House leaders were not ready to adjourn their session sine die.

House Speaker Charles McCall speaks to the media Wednesday after the House was in session briefly, then adjourned to the call of the chair, on the second day of the legislative special session.
House Speaker Charles McCall speaks to the media Wednesday after the House was in session briefly, then adjourned to the call of the chair, on the second day of the legislative special session.

For the House Republican caucus we think that (adjourning sine die) is just a sign of throwing in the towel," he said. "If the Senate wants to do that, that's their prerogative."

Estimates put the cost of a special session at about $30,000 per day.

House Democrats said they were frustrated about returning to the Capitol. Rep. Mickey Dollens, D-Oklahoma City, said there was little House members could do. “We’re going to be presenting bills that effectively do nothing,” he said. “So, there’s a $30,000 grandstanding session."

More: Republican legislative leaders out of sync on Gov. Stitt's special session tax proposals

While the Senate’s action effectively ended the special session, debate over tax cuts — both the income tax and the grocery tax — continued. And though the House can continue to move legislation through committee, should any bills pass the House, they would be dormant until acted upon by the Senate.

The Oklahoma Constitution requires legislation to pass both the House and the Senate in the exact same form before it can be sent to the governor.

Gaddie, a long-time observer of Oklahoma politics, said "There is no hurry on tax cuts. They have time. There is no pressing demand from the public."

Though Stitt has continued his conversations with the House it's unclear if the governor and Treat have spoken this week.

Senate Pro Tem Greg Treat said he was frustrated when Gov. Kevin Stitt declined to discuss his tax cut proposal with a Senate committee, The Senate adjourned before the end of the special session's first day.
Senate Pro Tem Greg Treat said he was frustrated when Gov. Kevin Stitt declined to discuss his tax cut proposal with a Senate committee, The Senate adjourned before the end of the special session's first day.

Late Tuesday, Stitt's spokeswoman, Abegail Cave issued a short statement. “The governor has been clear,” Cave wrote in an email to The Oklahoman. “He wants a quarter point tax cut and to slow the growth of government. Senate leadership is denying Oklahomans their right to keep their hard-earned money while continuing to increase the size of government every year.”

Taxes will certainly be on the agenda when the Legislature holds its next regular session in February 2024.

This article originally appeared on Oklahoman: What's next after Oklahoma special session fizzles out after one day