Stitt vetoes bill to reduce his control of Oklahoma Turnpike Authority board

Stitt said the bill from Rep. Danny Sterling, R-Tecumseh, would violate the government’s separation of powers by giving legislative leaders the majority of the appointments on the six-person Turnpike Authority governing board.

Sterling said he’s optimistic the Legislature will override the veto, which it can do with two-thirds majorities in both chambers.

Currently, the governor gets to appoint all the members of the Turnpike Authority board, but House Bill 2263 would reduce the number of Stitt’s appointments to just two members. The other four appointments would be evenly divided between the House speaker and the Senate president pro tem.

Giving legislative leaders a majority of the board appointments would codify the Legislature’s control over an executive branch agency, Stitt wrote in his veto message.

“If House Bill 2263 were to become law, it would be unconstitutional, thereby causing the Authority’s makeup and decisions to be subject to legitimate legal challenges,” Stitt wrote. “Any argument or advice to the contrary should be seen for what it is — a well paved road to a legal dead end.”

Sterling disputed Stitt’s assertion that HB 2263 is unconstitutional. The governor’s veto didn’t come as a shock, Sterling said.

“You’re asking him to give up part of his control, his authority in appointing those people, so I wasn’t surprised,” he said.

Sterling said his bill is intended to bring greater transparency to the Turnpike Authority board and allow a broader group of Oklahomans to be represented on the panel.

Sterling has been critical of the Turnpike Authority’s $5 billion, 15-year ACCESS Oklahoma toll road expansion plan that proposes building a new turnpike through his Norman-area district. The Turnpike Authority paused the expansion plan after Attorney General Gentner Drummond announced an investigative audit of the agency.

Earlier this year, Sterling said Stitt’s appointees may feel as though they have to cater to the governor’s wishes if he has the sole authority to name all the members of a board or commission. Allowing legislative leaders to make Turnpike Authority board appointments implements governmental checks and balances at the agency, Sterling said.

HB 2263 was just one of several bills filed this year to limit the governor’s appointment power on various state boards and commissions. The bill also would have reduced the length of board members’ terms and explicitly prohibited them from voting on issues in which they have a direct financial interest.

Stitt vetoes additional bills

Stitt on Monday also vetoed a bill that would make a one-word change to the Oklahoma Citizens Participation Act, which is intended to prevent the use of lawsuits or threats of lawsuits to intimidate or silence critics exercising their First Amendment rights. House Bill 1236 sought to make it harder for a person who is sued for defamation and successfully proves their First Amendment right to speech to collect attorney fees from the party who brought the lawsuit.

Oklahoma Press Association Executive Vice President Mark Thomas said the bill would have had a chilling effect on Oklahomans’ willingness to express themselves and speak the truth for fear of facing a costly lawsuit.

Epic Charter Schools in 2020 was ordered to pay former state Sen. Ron Sharp’s $36,000 in legal fees after a judge determined the school district filed a frivolous lawsuit against the lawmaker after he publicly questioned administrative decisions at the charter school system. Epic was also ordered to pay Sharp $500,000 in sanctions.

The Oklahoma Council of Public Affairs urged Stitt to veto HB 1236. OCPA invoked the Citizens Protection Act after being sued by Oklahoma City-based Paycom over an article the conservative think tank published about the company’s CEO.

The governor also vetoed an omnibus bill that would create six new special state licenses plates. Stitt took issue with a license plate demonstrating support for the University of Kansas, saying the state doesn’t need to be in the public relations business for the out-of-state college.

Stitt has vetoed at least 46 bills so far this legislative session. The Legislature is expected to attempt some veto overrides this week, but it’s not clear which bills they will bring back up.

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