Judge Says 2009 Abortion Law Violated One-Subject Rule

Oklahoma County District Judge Daniel L. Owens ruled Friday afternoon in Oklahoma City that a 2009 abortion law, HB 1595, is unconstitutional. The court, writing in Davis vs. W.A. Drew Edmondson, said the law violated the Oklahoma Constitution because it dealt with several different subjects, something the Oklahoma Constituion forbids. Laws must deal with only one subject, Owens said.

Oklahoma lawmakers had bundled several abortion-related pieces of legislation together and passed them as an omnibus measure in 2009, but the judge said that wasn't permitted.

Several of the measures Owens has now invalidated are working their way through the legislative process in 2010, this time as separate bills.

Attorney Teresa Collett, who argued in favor of HB 1595's legality, said she may appeal pending a review of Owen's opinion.

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State Budget Agreement Reached

Late yesterday, it was announced that Gov. Brad Henry and Republican legislative leaders, Speaker of the House Chris Benge and Senate President Pro Tempore Glenn Coffee, had reached agreement on the state budget for FY 2010. According to their joint news release:

The agreement would spend three-eighths of the Rainy Day fund, or $223.5 million, for the budget shortfall in fiscal year 2010. The remainder of the FY10 shortfall will be filled with other state funds, federal stimulus dollars and revenue generated from previously announced targeted budget cuts to agencies.

The deal would also move a second three-eighths of the Rainy Day fund, or another $223.5 million, into the state’s Special Cash account.

If needed, the funds would be available for appropriation in the fiscal year 2011 to offset the shortfall certified by the Board of Equalization this week.

The agreement will leave one-fourth of the current Rainy Day Fund proceeds in the reserve account. A portion of those dollars could also be accessed if state leaders deemed it necessary later in session.

The agreement also directs additional state funds to education, health care and other areas and preserves a larger share of stimulus dollars for use later in the session.