nem RGMOY cercinar iWin : FED IN THE SUPREME COURT OF THE STATE OF OKLA EME PATE OF OKLANGUA The Honorable J. Kevin Stitt, Goves f Oklahoma. ) ML 3t 2023 in his official ) JOHN D. HADDEN ERK woe L2H QF : } Case No. . Declaratory Judgment (1) The Honorable Greg Treat, Senate President Pro Tempore, in his official capacity. and ) The Honorable Charles MeCall, \ ker of the House, j s official capacity Respondents APPLICATION TO ASSUME ORIGINAL JURISDICTION AND PETITION FOR DECLARATORY RELIEF DATED: July 31 Trevor S. Pemberton, OBA No, 22271 General Counsel Grayson P, Walker, OBA No. 34344 Deputy General Connsel O1Fic# OF GOVERNOR J, KEVIN STITT 2300 N. Lincoln Bled. Oklahoma City, OK (408) 521-2342 Trevor. Pemberton @gov.ok gov Grayson Walker@gov.ok gov Cannel jor the Honorable J. Kevin Stitt. Governor ofthe State of OklahomaIN THE SUPREME COURT OF THE STATE OF OKLAHOMA. ‘Yhe Honorable J. Kevin Stitt, Governor of the State of Oklahoma, in his official capacity, Patitoner, Case Ne Deciaeatory Judgment Senate President Pro Tempore, in his official capacity, and 2) ‘the Honorable Charles McCall, Speaker of the House, {in his official capacity, ) ) ) D (2) The Honorable Greg Treat, ) ) ) ) ) Respondents APPLICATION TO ASSUME ORIGINAL JURISDICTION AND PETITION FOR DEC Y RELIEF DATED: July 31, 2023. Trevor S. Pemberton, OBA No, 22271 General Coansel Grayson P, Walker, OBA No, 34344 Deputy General Counsel Orricx oF GOVERNOR J. KEVIN STITT 2300 N. Lincoln Bivd., Suite 212 Oklahoma City, OK 73105 (405) 521-2342 ‘Trevor. Pemberton@gov.ok gor Grayson. Walker@gov.ok gov Counsel for the Honorable }. Kerin Stitt. Governor of the State of OklabomaCOMES NOW the Petitioner the Honorable J. Kevin Stitt, Governor of the State of Oklahoma, in his official capacity, respectfully asking this Court to assume original jurisdiction and to declare SB 26x and HB 1005 void as a matter of law. The concurrent special session through which the bills were passed was itself unlawful, and the bills—or the actions taken thereby— violate the Oklahoma Constitution and codified statute. Absent this Court’s intervention, the Legislature will have license to disregard explicit mandates and limitations in our Constitution and vill be emboldened to transcend its legal limirs, aow and well beyond the parties’ tenure. BACKGROUND 1. Againse the backdkop of Ole, Tax Comm'n Citizen Band Potawatomi Indian Tribe of Oklaboma, 498 US. 505 (1991) and Odkla, Tax Comm'n » Suc & Fox Nation, 508 US. 114 (1993), the State of Oklahoma—br and through the executive branch, specifically the Governor—and several of Oklahoma's federally recognized Indian tribes entered into cooperative agreements regarding, among other things, tobacco products excise tax and motor vehicle licensing/segistration. 2, Certain tobacco products excise tax compacts (the “tobacco compacts”) are set to expire at year's end unless extended pursuant to theit own terms. ‘This spring, the Governor’s Office and certain tribes began discussions regarding extensions, after which the Governor sent to the Chickasaw and Choctaw Nations of Oklahoma offers to extend the tobacco compacts set to expire, 3. As of this filing, offers have been extended to all other tribes whose compacts are set to expire at the end of this calendar year. Negotiations are ongoing. 4. The motor vehicle licensing/ registration compact between the State of Oklahoma and the Cherokee Nation will automatically renew August 16, 20223, unless a party to the compact provides notice otherwise prior to that date.5. On May 2023, Senate President Pro Tempore Greg Treat and Speaker of the House Charles McCall, Respondents, caused SB 26x (purporting to amend and extend tobacco compacts) and HB 1005 (purporting to amend and extend motor vehicle licensing/ registration compacts) 10 be presented :o the Governor 6. Both bills purportedly passed the Senate and House of Representatives during the ist Extraordinary Session of the 59th Oklahoma Legislarure—a concutrent special session violative of the Constitution, 7. Pursuant to Section 1! of Article VI of the Oklahoma Constitution, the Governor returned the bills to their houses of origin with veto messages atrached, 8 On June 12, 2123, the House voted to override the Governor's veto of HB 1005. On July 24, 2023, the Senate, after an initial attempt to override the Governor's veto failed, reconsidered its vote, overriding the Governor's veto of SB 26x and HB 1005. On July 31, 2023, the House followed suit, voting to override SB 26x. After the override votes, the bills purportedly became law notwithstanding the objections of the Governor, thereby necessitating this Court's intervention, PARTIES 9. Petitioner J. Kevin Stitt is Governor of the State of Oklahoma. 10. Respondent Greg Treat is President Pro ‘Tempore of the Oklahoma State Senate. 11. Respondent Charles McCall is Speaker of the Oklahoma House of Representatives, JURISDICTION 12. “Jurisdiction to grant declaratory relief may be assumed (1) in matters of public interest where there is (2) an element of urgency ot pressing need for an catly decision.” Fent » Contingency Rev. Bd., 2007 OK 27, $11, 163 P.3d 512, 521,13. This is indispurably a matter of publi juris. By convening itself into an unlawful concurrent special session to pass bills purporting to amend and extend and/or restore compacts previously negotiated by the executive branch, specifically the Governor, the Legislature has veered into the exeeutive’s lane, unlawfully usurping the Governor's authority in violation of the separation of powers doctrine enshrined in our Constitution. Okla. Const. art. IV, § 1 14, But this is more than a matter of public interest. The Legislaure’s brazen acts have created an urgent situation requiring this Court's immediate attention and a speedy detetmination ofthe case. Contra Keating 1 Jobncon, 1996 OK 61, 18P.2d 51 (dectining to exercise this Court's discretionary authority to assume original jurisdiction because “petitioners made no real attempt to convince this Court there is some urgent situation ... that would call for this Court's immediate attention or that would require a speedy determination of the case”) 15, Where there are “intolerable conficy{s}” that “amount to gridlock” between “co- ordinate branch{es] of state government,” declaratory relief is the appropriate remedy and is “within the discretionary superintending jurisdiction of this court.” Ethics Comm'n of State of Ola 1». Callison, 1993 OK 37, 850 P.2d 1069: see also Coffée v. Henry, 2010 OK 4, ¥ 6, 240 P.3d 1056, 16. Left unresolved, there can be no real doubt that actions and processes like those at issue will become commonplace moving forward. That is, when other governments or others are dissatisfied with negotiations lawfully and exclusively delegated to this or furure governors, they will have permission, even incentive, to circumvent the executive and apply pressure on the Legislature. MERITS. 17. First, the concurrent special session convened May 17, 2023, is unconstitutional. While the Constitution authorizes the Legislature to call itself into special session, it does natauthorize the Legislature to call itself into special session coincident with regular session. Okla. Const. art. V.§ 274; 2013 OK AG 8,9 20. 18. Even if this Court finds thar the special session convened by the Legislature is constitutional, SB 26x and HB 1005—which purport to amend and extend compacts-~plainty exceed the call of the special session. S. Journal, 59th Leg,, Ist Extra. Sess. (May 17, 2023); H.R. Journal, 59th Leg., 1st Extra. Sess. (May 17, 2023). 19. Second, in passing bills purporting to extend and amend tobacco and motor vehicle licensing /registeation compacts previously negotiated by the executive branch, the legislature has usurped the executive branch's authority to conduct the state's “intercourse and business” with “other states and with the United States .. .." Okla. Const. art. IV, § 8 Sheffer» Buffalo Rum Casino PTR, Ine, 2013 OK 77, 12, 315 P.3d 359. 20. Third, SB 26x and HB 1005 violate the plain text of codified statute, which further establishes the Governor's authority to negotiate and enter into compacts with federally recognized :sibal governments. 68 OS. § 346; 1 alio 74 OS. § 1221 CONCLUSION For the reasons stated above and for the reasons set forth in the accompanying Brief in Support, Petitioner asks this Coust to assume otiginal jurisdiction and to declare SB 26x and HB 1005 void as a matter of law. If left unchecked, the Legislature, armed with what James Madison described as “the encroaching spizit of power,” will have license to distegatd our Constitution's ‘mandates and limitations and will be emboldened to exercise powers assigned to the other departments of government,Trevor S. Pethb€fton, OBA No, 22271 General Counsel Grayson P. Walker, OBA No. 34344 Deputy General Counsel OsFICE OF GOVERNOR J. KEVIN STITT 2300 N. Lincoln Blvd., Ste. 212 Oklahoma City, OK 73105 (405) 521-2342 Trevor Pemberton@gov.ok gov Grayson. Walker@gov.ok gov Counsel forthe Honorable]. Kevin Stitt, Governor ofthe State of laboraERTIEI LING Theteby certify that on this 31st day of July 2023, a true and correct copy of the foregoing. was mailed by certified US. mail and electronic mail to the following: ‘The Honorable Greg Treat President Pro Tempore of the Oklahoma Senate Oklahoma Capitol 2300 N. Lincoln Blvd., Ste. 422 ‘Oklahoma City, OK 73105 ‘The Honorable Charles McCall Speaker of the Oklahoma House of Representatives, Oklahoma Capitol 2300 N. Lincoln Blvd. Ste. 401 Oklahoma City, OK 73105 ES. Pemberton