The 2024 Legislative session’s Tribal-state bills show that more can be done for Tribal-state policy collaboration (Legislative Wrap-Up)

Oklahoma lawmakers began this year’s legislative session as Oklahoma’s governor continued to create division with Tribes with ongoing political rhetoric and an unwillingness to respect sovereign-to-sovereign policymaking. Lawmakers from both the Senate and House considered dozens of bills directly affecting Native Oklahomans and Tribal governments on education, public health, housing, and public safety, among other topics. Oklahoma is stronger when the state collaborates and includes the Tribes to advance our overall prosperity and well-being as Oklahomans.

Key Tribal-State issues carried over from 2023 legislative session focused on shared efforts for all Oklahomans

Tribal-State Bills Carried Over from 2023 Session 

Many of the proposed bills at the intersection of the Tribes and state that carried over from 2023 also did not pass this year. For instance, House Bill 1027, which would have added a supplement to the model Tribal gaming compacts, failed deadline early in the legislative session. Its “sports pools-styled gaming” provision would have legalized sports betting in Oklahoma and generated shared revenues for Tribes and the state. HB 2115 and HB 4129 would have directed the State Department of Education to develop a Native American history curriculum to be integrated in Oklahoma schools, but neither bills were heard in their House committee. On the other hand, Senate Bill 267, which would have expanded membership of a state Advancement of Wellness Advisory Council to 10 members including Tribal representation, was vetoed by the governor in 2023. The bill reappeared this session as SB 1708, which both legislative bodies approved overwhelmingly and the governor signed into law.

The State’s Advancement of Wellness Advisory Council Will Now Include Two Tribal Health Representatives From Among These Tribal Health Systems

SB 1708 increased the membership of the state’s Advancement of Wellness Advisory Council, adding three additional public health experts to the council. One member of the council added by SB 1708 will focus on cardiometabolic issues like obesity and diabetes, which affects about 1 in 8 Oklahomans. Two of the new members will be required to have Tribal connections – one member representing the state’s Urban Indian Health facilities, and one member representing a federally recognized Tribe that operates a health system. Oklahoma has two Urban Indian serving health facilities: the Indian Health Care Resource Center of Tulsa and the Oklahoma City Indian Clinic. Both of these facilities serve Oklahoma’s urban citizens of federally recognized Tribes. Several federally recognized Tribes operate their own health facilities to serve patients throughout rural Oklahoma. By increasing the membership of the state’s Advancement of Wellness Advisory Council to include Tribal health systems, it creates better representation for the health and well-being of all Oklahoma residents.

Shared communities should mean shared priorities between Tribes and the state

The state missed opportunities to meet Tribes where they are in the 2024 legislative session. HB 3119 could have created stricter requirements for Tribal-state negotiations for the governor’s office but ultimately the bill was not heard in committee. Similarly, HB 3838 would have created an Office of Tribal Relations within the Oklahoma Historical Society. This Office would have maintained Tribal-state compact information and related negotiation records to further help state lawmakers. This bill stalled in the Senate Appropriations committee.

Oklahoma also missed opportunities to work with Tribal nations to address our state’s housing crisis. HB 3956 would have helped create an affordable housing commission that would have included Tribal housing representation on the commission. The commission would have been a pathway to policy solutions for low-income households and would address the many housing affordability issues that affect Tribal- and non-Tribal Oklahomans alike. Similarly, Senate Bill 1755 would have created a state affordable housing task force. It too would have included Tribal representation and input on affordable housing policy recommendations. SB 1755 failed to get out of committee. Safe, affordable housing is critical to Oklahomans livelihoods, in family stability, child well-being, and is one of the major social determinants of health.

Tribal-State Bills That Died This Session

Distinct from other missed opportunities, SB 1907 missed opportunities to directly consult with Tribes to respect data sovereignty and respectfully negotiate on issues related to vehicle registration information ahead of the proposed legislation. The bill would have authorized the state Department of Public Safety to provide the Oklahoma Turnpike Authority with Tribal-issued license plate data taken from the Oklahoma Law Enforcement Telecommunication Systems network for purposes of collecting tolls. Tribes had voluntarily shared Tribal plate data with the Department of Public Safety to assist only in matters of public safety.

However, the Oklahoma Turnpike Authority had not proactively worked with Tribes to obtain that data as the agency last year began transitioning to automatic plate readers on turnpikes. Rather than approach each of the Tribes directly seeking that data ahead of the transition to automatic plate leaders, the agency instead sought to force state law enforcement to share Tribal data that had been shared specifically for public safety purposes. This is a prime example of an issue that could have been solved with direct communication and good faith negotiations between the Tribes operating Tribal vehicle registrations and the state. Seeking to ensure their data was used only for the purposes it had been shared for, the Oklahoma Intertribal Tax Association, the United Indian Nations of Oklahoma, and other Tribal advocates, including the Oklahoma Policy Institute, were able to stop the bill from passing committee.

Oklahoma must coordinate with Tribes on public safety

Oklahoma should coordinate state and Tribal public safety efforts rather than continuing unproductive attacks on Tribal sovereignty. Criminal justice inequities and public safety concerns are top of mind for many Oklahomans, whether they are dialing 911 for help or driving across Tribal and state jurisdictions. Addressing these issues must be a shared, collaborative priority for Oklahoma. But the legislature missed an opportunity to further address Tribal-state public safety in HB 4128, which would have provided needed funding to support the Oklahoma State Bureau of Investigation’s Missing and Murdered Indigenous Persons Liaison Office, created by 2023’s Ida’s Law. Oklahoma needs to continue to build the infrastructure to address public safety and justice for missing and/or murdered Indigenous Oklahomans.

More positively, HB 3863 expands the exemption of initial credit and deposit requirements for people fleeing domestic abuse. The expanded provision now includes waiver eligibility for those who seek help from the more than 30 Tribally operated domestic violence and sexual assault intervention programs across the state. Collaborative criminal justice reform and public safety coordination is smart public policy. Adding Tribally operated programs to the public utility waiver will help address Oklahoma’s long-standing catastrophic domestic violence levels, particularly for the more than 4 in 5 American Indian and Alaska Native women who have experienced domestic and/or sexual violence.

Tribal-State Bills Creating (Or Would Have Created) Equity in Public Safety

Intergovernmental Tribal-state collaboration strengthens Oklahoma outcomes

Oklahoma lawmakers continue to have a unique opportunity to work directly with Tribal leaders and advocates to better serve everyday Oklahomans with shared resources for all of us to thrive. All Oklahomans should be counted and acknowledged; Tribal representation and the American Indian population should be included in decision making. To create better Tribal-state policy, the state should seek opportunities to better understand, analyze, and create sustainable Oklahoma communities for all Oklahomans — Native and non-Native alike.

All Oklahomans should work together to combat shared social ills and community shortfalls in public health, affordable housing, public safety, and more. Prioritizing proactive efforts and opportunities during the legislative session means all Oklahomans can be healthy, raise thriving families, and feel safe in their communities.