Fallin Admits Special Session Will Be Necessary

Governor Fallin said Wednesday that a special session will be necessary in light of a recent Oklahoma Supreme Court decision to throw out a $1.50 smoking cessation fee. The decision created a $215 million funding gap.

“No money can be spent from any state fund unless the Legislature specifically appropriates it,” said Fallin. “Let’s be clear. The director of the Office of Management and Enterprise Services (OMES) does not have the authority to transfer monies to the affected agencies from different sources without legislation directing him to do so.”

Fallin cites Article 5, Section 55 of the Oklahoma Constitution as the reason for the special session.

Three agencies are in the crosshairs of the decision striking down the cessation fee passed in the final week of the regular legislative session; an action deemed unconstitutional by the Oklahoma Supreme Court. The Department of Human Services (DHS), the Department of Mental Health and Substance Abuse Services (DMHSAS) and the Oklahoma Health Care Authority (OHCA) were to receive funding from the fee. According to the Governor’s Office, DMSAS would run out of state funds in November, OHCA would run out in January and DHS’ state appropriation would last until May. The agencies also receive federal funding for certain programs.

Fallin said she is in talks with legislative leaders on both sides of the aisle to prepare for a special session to shore up the funding for this year’s budget.

“A special session is the best option,” Fallin said. “Failure to meet in special session would mean $215 million would be cut mostly from these three state agencies. These agencies and the people they serve cannot sustain the kind of cuts that will occur if we do not find a solution.”

The Oklahoma Supreme Court continues to consider legal challenges to two other funding mechanisms the Legislature passed during the final week to fund the budget.

A time table for a special session is still up in the air.