The dispositive issue presented is whether Senate Bill 142 (S.B. 142) and Senate Bill 725 (S.B. 725) (Bills) contain multiple subjects in violation of the Okla. Const. art. 5, § 56.
In appropriating state monies for fiscal year 1993, the Oklahoma Legislature passed fourteen appropriation bills covering various state functions.
Senate Bill No. 142 is styled "An Act Relating to State Cultural Entities." The bill contains appropriations for the State Arts Council, the Oklahoma Department of Libraries, the Will Rogers Memorial Commission, the J.M. Davis Memorial Commission, the Oklahoma Historical Society, the Oklahoma Tourism and Recreation Department, and the Oklahoma Education Television Authority. Senate Bill No. 725 contains numerous provisions relating to "State Business Regulatory Agencies." The bill appropriates monies to the following agencies: the Banking Department, the Department of Commerce, the Commission on Consumer Credit, the Department of Labor, the Liquefied Petroleum Gas Board and the Oklahoma Securities Commission.
The funding for numerous state agencies and the efficacy of the Legislature's current model for appropriating state funds is challenged by the Representatives and by the intervenor. Their position is that the Bills are unconstitutional in toto. This argument is premised on the language of art. 5, § 56 of the Okla. Const. providing that all appropriations, except those found in a general appropriations bill, "...
The State Officials contend that they have accomplished the mandate of art. 5, § 56, that special appropriation bills each contain only a single subject, by instituting a functional appropriation method. Under this method, each state "function" is funded through one special appropriations bill allowing the Legislature to consider the broad spectrum of a function rather than considering each agency individually. The State Officials argue the Bills each contain a single subject; that is, S.B. 142 covers the cultural functions of the State and S.B. 725 encompasses the business regulatory functions of Oklahoma.
THE SINGLE SUBJECT RULE.
Most state constitutions contain some form of the single-subject rule.
The Courts which have considered what the State Officials refer to as a functional approach to addressing the requirement that special appropriation legislation contain a single subject, are divided on the efficacy of the method.
A review of the relevant case law does not support this proposition. Our recent
The Representatives and the State Officials all rely upon Opinion of the Justices, 512 So.2d 72, 77 (Ala. 1987) in support of their respective positions. In Justices, the Alabama court found that provisions providing appropriations for elementary and secondary schools, junior and technical colleges, and for colleges and universities all came within the single rubric of "appropriations for public education." However, the court held that appropriations within the same bill for non-state agencies violated Alabama's constitutional restrictions on general appropriation bills. The Alabama court allowed appropriations all relating to a single subject — public education — to stand. It struck the non-related provisions for non-state agencies. The holding in Justices is premised on a history of the funding practices of the Alabama Legislature rather than on any detailed one-subject analysis. It is not particularly instructive for our purposes. We must determine, under Oklahoma law, whether S.B. 142 and S.B. 725 violate the Oklahoma constitutional provisions prohibiting multi-subject legislation.
Nor can the State Officials find a great deal of support for their adoption of the functional approach from other jurisdictions. The California Supreme Court appears to consider the functional approach more restrictive than an approach requiring that provisions be reasonably germane to each other.
We also recognized in Black v. Oklahoma Funding Bd., 193 Okla. 1, 140 P.2d 740, 743 (1943) that when considering the single subject mandate of art. 5, § 57, that legislation containing provisions which are
The State Officials appear to share the confusion between functional relationship and germaneness alluded to by the California Court. As our prior cases applying art. 5, § 57 indicate, the most appropriate standard for applying the single-subject rule is germaneness: are the various provisions related to a common theme or purpose? We expressly affirm the viability of this germaneness test for challenges brought under art. 5, § 56. To the degree that "functional relationships" between different provisions may be shown to illustrate a common purpose thus establishing the germaneness of the provisions, it may have some usefulness. Nonetheless, germaneness is the standard.
In State v. First Nat'l Bank, 660 P.2d 406, 414-15 (Alaska 1982), the Alaska Supreme Court acknowledged that it has so broadly construed subjects in order to bring them within the single-subject rule of the Alaska Constitution that its actions might be construed as a sanction for legislation embracing "the whole body of the law." At the same time, the Alaska court readily recognized that its continued application of a broad-brush approach to the consideration of the subject of legislation rested solely upon the doctrine of stare decisis. The court observed that were it considering the issue of a single subject for legislation for the first time, it would apply a more narrow test.
APPLICATION OF THE SINGLE SUBJECT RULE.
Just as the Alaska judiciary feels bound by its prior rulings, so do we. Although the argument was not identified by the Legislature as a functional approach to consideration of the one-subject rule encompassed in art. 5, § 56, we were urged in Johnson v. Walters, 819 P.2d 694, 698 (Okla. 1991) to accept, as a single-subject, diverse legislation under a heading of "state government." We rejected this proposition because the adoption of an approach which would allow unrelated legislation to be included in a single enactment simply by the skillful drafting of a broad topic would defeat the purpose of the single-subject mandate of art. 5, § 56 — to prevent the execution of piggyback legislation by including it within popular bills.
Neither enactment withstands scrutiny under this standard. Senate Bill 142 is identified as an act relating to state cultural entities. Although a number of its provisions are directed to state agencies whose
The heading of S.B. 725 providing that it is "an act relating to state business regulatory agencies" presents a topic almost as broad as the one identified, and disapproved, in Johnson — "state government." Included within the regulatory scheme are headstart programs and a detailed list of money received for asbestos abatement. A program providing for early education of children and one requiring an accounting of funds received to abate a health hazard, although regulatory in nature, do not fit within the rubric of "state
Article 5, § 56 requires that special appropriation bills similar to Senate Bills 142 and 725 embrace a single subject. Each of the Bills contain provisions which are unrelated to each other and to their expressed subjects. Because Senate Bill 142 and Senate Bill 725 contain multiple subjects, they are unconstitutional under art. 5, § 56 requiring special appropriation bills to contain a single subject.
The Bills appropriate monies to varied State agencies. The funds were available to the agencies as of July 1, 1992. Undoubtedly, the majority of the monies appropriated have been expended; and monies which have been appropriated and disbursed are not recoverable.
Much of the Representatives' argument concerning the validity of Senate Bill 142 and Senate Bill 725 involves the lengthy process of enacting legislation, and the time constraints imposed by art. 5, § 26.
This is the second time in less than two years that this Court has been called upon to determine whether legislatively enacted laws are unconstitutional for violation of the single-subject mandate. In Johnson v. Walters, 819 P.2d 694, 669 (Okla. 1991), we gave prospective operation to our pronouncement largely because our ruling had not been foreshadowed. Today, we give a prospective effect to our holding to avoid needless disruption to the operation of state agencies. We trust that a third opinion will not be necessary. Our consideration for the practical operations of government should not be understood to be a shield for the continued enactment of unconstitutional laws. Although we are sympathetic with the time constraints the Legislature faces in session, this Court is bound to uphold the Constitution — we are prepared to do so.
ORIGINAL JURISDICTION ASSUMED; DECLARATORY RELIEF GRANTED; PROSPECTIVE APPLICATION TO JUNE 30, 1994.
HODGES, C.J., and HARGRAVE and WATT, JJ., concur.
ALMA WILSON, J., concurs specially.
SUMMERS, J., concurs in part and dissents in part.
LAVENDER, V.C.J., and SIMMS and OPALA, JJ., dissent.
ALMA WILSON, Justice, concurring specially:
Since statehood, legislative enactments have been governed by the one-subject rule. The necessity for strict compliance with the one-subject rule is thoroughly explained in Johnson v. Walters, 819 P.2d 694 (Okla. 1991). The Legislature may not encumber general or special appropriations bills with multi-subjects. Okla. Const. art. 5, §§ 56 and 57. Our constitution is the basic guide for government under the law and Legislators do not have the luxury to ignore its clear edicts.
OPALA, Justice, with whom LAVENDER, V.C.J., joins, dissenting.
This case is not about judicial responsibility to compel legislative obedience to the single-subject command in Art. 5, § 56, Okl. Const.,
The specific issues presented here are: (a) Does a legislator have proper standing to press a challenge to a bill for noncompliance with the § 56 mandate? (b) Must the substantive-law provisions of the challenged appropriations bills be invalidated under the teachings of Johnson v. Walters?
Although standing to challenge an enactment's validity for § 56 nonconformity has not been challenged, I would resolve this issue sua sponte for future guidance.
If an appropriations bill clearly violates the § 56 mandate but its funding provisions are beyond the scope of review because of the mootness doctrine, I would follow the teachings of Walters and invalidate the bill's substantive-law components. Today's opinion, which applies the mootness doctrine to all the provisions (meaning appropriations as well as substantive-law portions) in both Senate Bill 142 [SB 142]
The court today adopts the germaneness test
I must recede from that part of today's pronouncement which adopts germaneness as the sole test for § 56 compliance. Though I join the court's resolve to enforce the single-subject mandate, I would adopt a test that will insulate us from day-to-day entanglement in the political thicket rather than one that saddles the court with the task of micromanaging another department of government. The proper allocation of a bill's content is a managerial prerogative of each house.
My counsel is that both the germaneness and functionality tests be allowed to coexist side by side. If a bill's conformity to § 56 strictures is "fairly debatable" when gauged by either test, I would abstain from interfering with the legislature's managerial judgment. This approach would allow the contested legislation to pass constitutional muster under both the functionality and germaneness tests. It is, in my view, fairly debatable whether the various agencies grouped in both of these bills under attack are functionally interlocked in furtherance of a common purpose and whether the subjects are reasonably related to a common theme.
The final issue I would consider today is whether a § 56 defect in combining unrelated subjects is cured by the act's inclusion into the next decennial recompilation. Because each compilation cures any defect in form that may taint a bill, I would not allow any legislation to become the target of invalidation for noncompliance with § 56
For all of these reasons, I would assume original jurisdiction but deny the petitioners' quest for relief.
A LEGISLATOR HAS STANDING WHEN HIS/HER VOTE ON A BILL HAS BEEN DILUTED AS A RESULT OF IMPERMISSIBLY COERCED DECISION-MAKING
The History of Standing
Standing in the federal-court system owes its origins to an historic practice by the English parliament of "allowing only those opponents of legislative proposals ... or interests [who] were directly and specially affected to be heard."
Standing for any party to sue is part and parcel of the larger requirement of "justiciability". Four components of the justiciability doctrine are (1) ripeness, (2) mootness, (3) political question, and (4) standing.
Litigants who seek access to federal court for resolution of their dispute face two hurdles in meeting the threshold requirement of standing — "constitutional limitations of federal courts' jurisdiction and prudential limitations on its exercise."
The "prudential" aspect of the standing doctrine addresses itself to the self-restraint by which federal courts limit their jurisdiction. Generally, the plaintiff can only assert that his own interests and legal rights have been injured, and not those of third parties.
Oklahoma Standing Requirements
Standing in Oklahoma refers to the legal rights of a person to challenge the conduct of another in a judicial forum.
Standing For Legislators
When a member of the law-making assembly initiates legal proceedings in his representational capacity as a congressman or a state legislator, he/she holds no elevated status in establishing standing. He/she must meet the same requirements for standing as any other litigant.
In order to satisfy the constitutional aspect
Legislators have, unequivocally, a "plain, direct and adequate interest in maintaining the effectiveness of their votes."
In this case, the legislators assert they have been injured by being forced to vote "up" or "down" legislative bills which offend the § 56 single-subject mandate. Basically they claim that certain subjects were impermissibly combined, leaving them without the opportunity to segregate out the impermissible parts of each bill. According
To satisfy the prudential aspects of the test for standing the legislators must claim: (a) they, rather than their constituency, were injured; and (b) they fall within the zone of interest to be protected under statutory or constitutional law.
The legislators assert here that their voting interest has been directly affected and that this interest falls within the zone of interest protected by Art. 5, § 56. Standing is implicit in any legislator's complaint when a bill is challenged for any § 56 miscombination of subjects. Such a complaint will always raise the issue of vote dilution. The burden is on the respondent to deny that it has occurred. Because these legislators have shown that their voting rights are protected by § 56, they fall within the zone of interest to be protected.
JUDICIAL ENFORCEMENT OF § 56's SINGLE-SUBJECT COMMAND
The First-Generation Approach —
Johnson v. Walters 31
The purpose of the last sentence of § 56
Our jurisprudence teaches that in a pure (general) appropriations bill, agencies with unrelated functions may be included without offending the § 56 single-subject mandate.
While I joined the court's "Rip Van Winkle conversion", I counseled in Walters (a) against overruling Wiseman's teaching and (b) against pronouncing that the governor must declare the bill violative of the single-subject command.
The court's pronouncement today allows the substantive-law provisions of SB 142 and SB 725 to survive despite its alleged commitment to Walters. To be true to Walters, the appropriation provisions of a constitutionally infirm bill may escape the law's sanction because of mootness, but its substantive-law component can be condemned as violative of § 56. By applying the mootness doctrine to both the appropriations and substantive-law portions of SB 142 and SB 725, the court in effect withholds from the petitioners the very remedy the teachings of Walters intended to afford.
The Constitutional Standard For Gauging § 56 Single-Subject
In this case we are faced with a new era and a first-impression question on the proper standard for gauging a bill's conformity to the single-subject mandate. I would join the court in enforcing § 56 but by a different test. The court applies a germaneness test as the sole gauge for § 56 conformity to the single-subject mandate. The artificiality of today's test rejecting the tendered functionality approach
For these reasons, I would adopt both the germaneness and functionality approaches. If the § 56 conformity of subjects within a bill is fairly debatable, the legislature's allocation presents a judgment call and falls within the protection of the managerial prerogative of each house in which the bill arises. In that event, we should abstain from judicial intervention.
The Separation-of-Powers Mandate
Judicial invasion into the legislature's managerial prerogative to allocate subjects within a bill offends the separation-of-powers doctrine enjoined on this government by Art. 4, § 1, Okl. Const.
Courts should not be drawn into the political process and into interparty disputes on issues of policy unless there is a clear constitutional violation.
Application of the Single-Subject Mandate Should Be
Consistent Throughout the Oklahoma Constitution
Legislative bills as well as initiative measures are bound by a similar single-subject mandate.
In addition, I espouse that a uniform fairly debatable standard be adopted in order to keep the court from politically entangling itself in both legislative and initiative measures. In Rupe this court cautioned against declaring legislative acts void for noncompliance with the single-subject command.
In In re Initiative Petition No. 349,
SB 142 and SB 725 ARE FREE OF CONSTITUTIONAL INFIRMITY
I counsel today that the germaneness and functionality approaches may stand side by side. It is my firm belief that the court should interfere with the content of a bill only in a case of clear noncompliance.
It Is Fairly Debatable Whether SB 142 Meets the
Functionality and Germaneness Tests
If it is fairly debatable whether the provisions assigned to a bill are "reasonably related to a common theme or purpose"
When analyzing whether a bill is germane, courts look to whether "[e]ach of [the measure's] several facets bears a common concern, general object or general subject"
Using a strict germaneness test, the court singles out four sections of SB 142 as offensive to the single-subject mandate: (a) § 16 reappropriates monies from the Oklahoma Department of Tourism and Recreation [Tourism Department]; (b) § 17 reappropriates funds to the Tourism Department from the Department of Commerce which relate to the development of an industrial airpark economic study; (c) § 20 prohibits the closing of state parks without specific authorization of the legislature; and (d) § 23 establishes an internship program
My own analysis of these provisions leads me to conclude that they could all meet the germaneness rule, if the fairly-debatable standard is applied. This is so because they are related to a common theme or purpose. Section 20, for example, prohibits the Tourism Department from closing state parks for one year effective July 1, 1992, ostensibly because funds have been appropriated for that purpose. It is debatable whether state parks are reasonably related to cultural development and hence the inclusion of § 20 meets the germaneness standard. I would conclude it is fairly debatable whether all of these disputed subjects are reasonably related to this common theme or purpose of appropriating monies for the Tourism Department, and hence to cultural activities.
The functionality test requires that the provisions of a bill "effectively interlock in a functional relationship".
By strictly applying the germaneness test without the fairly debatable test, we arrive at a reductio ad absurdum: If these four provisions of SB 142 are nongermane within that bill, they are, for the reasons explained in the footnote, also potentially nongermane to any other legislation.
THE CURATIVE EFFECT OF A DECENNIAL RECOMPILATION
Both a defect in title and noncompliance with the single-subject command are objections to the form of an act rather than to its substance or content. Allen v. Retirement System for Justices and Judges
Any legislation that contains miscombinations of discrete subjects that may be challenged for noncompliance with the § 56 single-subject command under the germaneness standard should be deemed cured with the offending act's inclusion into the next decennial compilation. I would not — under Allen's teachings — allow an act to be the target of invalidation for noncompliance if the act had been carried into the 1991 recompilation.
A § 56 challenge triggers four threshold issues: (1) whether a legislator has proper standing to press a challenge for noncompliance with the § 56 single-subject command; (2) whether the non-mooted substantive-law provisions of the challenged bill must be invalidated under the teachings of Walters; (3) whether a standard of review must be adopted which gauges § 56 conformity with due reference under the separation-of-powers principle to the legislature's power to allocate subjects within a bill; and (4) whether a § 56 defect may be cured by the act's inclusion into the next decennial recompilation.
Standing is a general requirement for any suit. Legislators who complain in this case that their vote has been impaired by the miscombination of subjects in a bill in violation of the single-subject mandate of Art. 5, § 56 have standing to seek relief.
In following the teachings of Walters, the court can condemn the substantive-law provisions of a constitutionally infirm bill, while the appropriation portions may escape § 56 sanction because of the mootness doctrine. If, as here, an appropriations bill were clearly violative of the § 56 mandate but its funding provisions were beyond the scope of review, I would nonetheless invalidate the bill's substantive-law components.
The necessity of compelling legislative compliance with Art. 5, § 56 cannot be questioned, but imposing a strict (germaneness) standard for its enforcement would entangle the judiciary in the allocation of subjects within a bill without due deference to another department. What may at first blush appear as a beneficial tool for curbing
I would hold that it is fairly debatable whether SB 142 and SB 725 meet the functionality and germaneness approaches for gauging § 56 conformity. To foist on the legislature a tougher standard would be to invite the court's entry into the political thicket. In a debatable case a neutral court would stay out of partisan fights.
Lastly, recompilation cures any defect in form. Should a legislator challenge a constitutionally infirm bill after its inclusion in a decennial recompilation, its nonconformity, if any, should be deemed corrected by the act of recompilation.
For all of these reasons I would assume original jurisdiction but deny the writ.
SUMMERS, Justice, Concurring in part and dissenting in part.
I agree with much of the majority opinion, disagreeing only with the form this proceeding should take and the application of the rule of law as correctly identified by the majority.
The petitioners are four legislators who seek a writ of prohibition against the Director of State Finance and the State Treasurer to prevent the disbursement of funds. Prohibition is a remedy to restrain the unauthorized exercise of judicial or quasi-judicial power. Draper v. State, 621 P.2d 1142 (Okla. 1980). The acts sought to be restrained in this case are not ones occurring in the exercise of judicial or quasi-judicial power. See Jackson v. Independent School Dist. No. 16, 648 P.2d 26, 31 n. 20 (Okla. 1982) where we defined the term quasi-judicial power. A writ of prohibition is not proper for this controversy.
We have long recognized that a State Treasurer is subject to a writ of mandamus to compel him or her to make disbursements that conform to the law of the State. In Bryan v. Menefee, 21 Okla. 1, 95 P. 471 (1908), State ex rel. Murray v. Carter, 167 Okla. 473, 30 P.2d 700 (1934) and Board of Commissioners of Marshall County v. Shaw, 199 Okla. 66, 182 P.2d 507 (1947) writs of mandamus were held appropriate to compel the State Treasurer to comply with the Okla. Const. Art. V §§ 55 and 56. I would thus recast the petitioners' request for a writ of prohibition as an application for mandamus. Federal Deposit Insurance Corp. v. Tidwell, 820 P.2d 1338, 1342 (Okla. 1991).
The majority correctly states that the provisions of a bill must be reasonably germane, relative and cognate to each other. Black v. Oklahoma, a Funding Bd., 193 Okla. 1, 140 P.2d 740, 743 (1943). See also In re Initiative Petition No. 347, State Question No. 639, 813 P.2d 1019, 1027 (Okla. 1991) where the court explained that a different single-subject rule was fulfilled when the text of an act was "germane" to the act's title. My application of the single-subject rule to the case is slightly different than that of the majority.
No single litmus test exists for determining when two provisions are reasonably related or germane to each other. But a review of some of our cases does indicate factors considered by the court. In examining the nature of a "single subject" the court has looked to the effect and purpose of two provisions. In School Dist. No. 25 of Woods County v. Hodge, 199 Okla. 81, 183 P.2d 575 (1947) the school act at issue apportioned revenue from motor vehicle registration with 5% to be held in an Oklahoma Tax Commission fund to be ultimately used by the Commission after later appropriation, and 95% was apportioned for the support of common schools. The school act also apportioned revenue from the gross production act. The school act was challenged as violating the single-subject rule because of the two different funding mechanisms and because the funds from one of the revenue sources was to be eventually appropriated to the Tax Commission. Id. 183 P.2d at 582. In other
The Court noted that the money set aside for the Tax Commission was "apportioned" but not appropriated until subsequent enactment. Id. The court then stated that "The principal subject of the legislation is the public schools of the state. The apportionment or allocation of certain revenues is merely incidental to the main subject." Id. Under this authority provisions are "incidental" and do not violate the single subject rule when they relate in such a way as to implement a common or related purpose. This shows that having two substantive provisions involving (or relating to) different entities of State government does not necessarily violate the single subject rule. They are related to each other in funding a common goal or subject.
In a different context we discussed the single-subject rule for constitutional amendments, and noted that it was designed, in part, to prevent "log-rolling", and that in applying the rule courts would examine the "purposes" behind the amendments and determine if they were connected. In re Initiative Petition No. 314, 625 P.2d 595, 602-603 (Okla. 1981). Therein we also discussed a "rational relationship" test as examining whether separate provisions (1) possessed a quality of "interdependence" or "an interlocking package", or (2) if one provision was subordinate to another, or (3) if the challenged provisions were "incidental", "supplemental" or an "administrative detail" appended to a single legislative subject. Id. 625 P.2d at 607. My application of this authority leads to a somewhat different result than the majority.
Senate Bill 142
The parties state that S.B. 142 contains appropriations for the State Arts Council, the Oklahoma Department of Libraries, the Will Rogers Memorial Commission, the J.M. Davis Memorial Commission, the Oklahoma Historical Society, the Oklahoma Tourism and Recreation Department, and the Oklahoma Education Television Authority. In S.B. 142
Obviously, "state government" is not a single subject sufficiently narrow in scope. Johnson v. Walters, 819 P.2d 694, 698 (Okla. 1991). At the other end of the spectrum, and equally obvious, funding for a single state agency is sufficiently narrow. Draper v. State, 621 P.2d 1142, 1146 (Okla. 1980). In between is such a bill containing appropriations for "cultural" activities of the State. I am of the opinion that this is a single subject when reasonably applied by the Legislature.
The Will Rogers Memorial Commission, the J.M. Davis Memorial Commission, the Oklahoma Department of Libraries, and the Oklahoma Historical Society all clearly involve a common purpose for the funding of state operated museums and libraries and related activities. The Will Rogers Memorial Commission supervises the Will Rogers Memorial, grounds and buildings, and research library. 53 O.S. 1991 §§ 45-47.7.
The Oklahoma Arts Council is perceived as fulfilling a similar purpose, as it too is characterized as an Oklahoma Historical Society and Association by its inclusion in Title 53.
The Legislature has provided educational television services "by and through the various educational and cultural agencies in the State of Oklahoma under the direction and supervision of the Oklahoma Educational Television Authority". 70 O.S. 1991 § 23-101. The service provided by the Television Authority is thus reasonably classified as cultural.
Historically, properties managed by the Historical Society and the Oklahoma Tourism and Recreation Department (Tourism) have had some similarities. For example, see the statutory authorization for the transfer of certain museums and property from Tourism to the Historical Society. 53 O.S. 1991 § 4.1, 4.2, 4.6, and 4.8. The Tourism and Recreation Department manages lodges, parks, and recreational areas, and assists with special events of local or historical interest. 74 O.S. 1991 § 1803. These parks include those in the proximity of museums such as the Cowboy Hall of Fame Park and State Capitol Park. 74 O.S. 1991 §§ 1811.4, 1811.4A. Tourism also manages an area at the Cherokee Court-house Museum, 74 O.S. 1991 § 1826, and protects archaeological or anthropological sites in state parks. 74 O.S. 1991 § 1828.
I view these facilities and their funding as a long-recognized, interrelated role of state government and within the Legislature's discretion for lumping together in a single bill.
Section 16 of S.B. 142 takes money appropriated to Tourism for the Quartz Mountain Summer Arts Institute, and designates it "for providing the state match to federal Bureau of Reclamation Matching Fund Program Funds." Appropriated funds do not exist "in the air", but are managed by a particular state agency and used for a particular purpose. There is no express provision in section 16 for the identity of the Department to manage, account for, and use the Matching Funds. However, if the language is read as merely redesignating Tourism funds that were to be used by that Department in one way (summer arts institute) to another way also used and managed by Tourism then I see no problem with the redesignation. The petitioners' brief does not identify a different agency for the recipient of the Matching Funds.
This brings me to my one problem with S.B. 142, Section 17. That section takes a prior appropriation to the Department of Commerce and makes the money an appropriation to Tourism. The Legislature has chosen to characterize the Department of Commerce (Commerce) as a state business regulatory agency for the purpose of funding, instead of an agency providing cultural services. The parties agree that the appropriation for Commerce is in S.B. 725, not S.B. 142. My view is that the legislature may reasonably draw lines and specify single subjects, but those lines must be consistent. While Commerce might be considered to be cultural in a certain context it cannot be so considered for funding purposes when the Legislature itself has selected to place it in a different category. Thus I agree with the majority that S.B. 142 is unconstitutional, but only on this one ground.
Senate Bill 725
With regard to S.B. 725
I believe the majority's dissatisfaction with a provision involving asbestos is also incorrect. The Department of Labor has statutory jurisdiction over regulation of asbestos, and asbestos monitoring in public as well as private buildings. 40 O.S. 1991 §§ 451-455; 27A O.S.Supp. 1992 § 6. The provision of S.B. 725 involving asbestos is section 30, and it provides that the Department of Labor will submit annual reports on funds received for asbestos abatement from other state agencies and projected needs for the next fiscal year, an item I find to be reasonably related to an appropriation to the Department of Labor.
In sum, I agree S.B. 142 is unconstitutional. I concur with the majority's decision to make the Court's ruling effective June 30, 1994, and for the reasons given by the Court. I find, however, no violation of the single-subject rule in S.B. 725, as all provisions therein are germane to "state business regulatory agencies."
SIMMS, Justice, dissenting:
I dissent for the reasons expressed in my dissenting opinions in Ethics Comm'n v. Cullison, 850 P.2d 1069 (Okla. 1992); State ex rel. York v. Turpen, 681 P.2d 763, 768 (Okla. 1984); and Oklahoma Ass'n of Mun. Attorneys v. State, 577 P.2d 1310, 1315 (Okla. 1978).
S.B. No. 725 — Business Regulatory Functions
S.B. No. 142 — Cultural Functions
H.B. No. 2425 — Law Enforcement Functions
S.B. No. 723 — Judicial Functions
H.B. No. 2421 — Educational Functions
S.B. No. 726 — Public Safety Functions
H.B. No. 2427 — Government Service Functions
H.B. No. 2423 — Social Service Functions
H.B. No. 2424 — Natural Resource Regulatory Functions
H.B. No. 2422 — Finance Functions
S.B. No. 724 — Health Services Functions
H.B. No. 2420 — General Appropriation Bill
H.B. No. 2426 — General Supplement Appropriation Bill
H.B. No. 1977 — Prescribing Duties, and Budgetary and Spending Limitations and Caps
Jurisdictions appearing to allow a functional approach: Raven v. Deukmejian, 52 Cal.3d 336, 276 Cal.Rptr. 326, 332, 801 P.2d 1077, 1083 (1990) (Act with subject of criminal justice reform containing provisions relating to crime victims and abrogating judicial decisions concerning criminal rights upheld.); Miller v. Bair, 444 N.W.2d 487, 490 (Iowa 1989) (Legislation did not violate single-subject requirement when common purpose was multifaceted effort to promote economic development. The Iowa court would also allow the Governor to sever a bill into two subjects in order to avoid the single-subject requirement — an approach we rejected in Johnson v. Walters, see note 4 at 698, supra.); Yute Air Alaska, Inc. v. McAlpine, 698 P.2d 1173, 1180 (1985) (Although the Alaska court expressed concern over the practice of upholding legislation under broad topics, legislation intended to deregulate intrastate air and motor carriers was upheld.); Miller v. PPG Indus., 48 Ohio App.3d 20, 547 N.E.2d 1216-17 (1988) (Statute having common purpose of regulating hazardous waste facilities upheld.).
We note that in Draper v. State, 621 P.2d 1142, 1146 (Okla. 1980), this Court held that the Legislature need not enact a general appropriations bill to accomplish annual funding of state agencies. In Draper, we found H.B. 1140 — a bill containing special appropriations to the State Board of Education for the funding of common schools — to be constitutional. The bill in Draper contained appropriations to a single state agency, concerning a single subject — the common schools.
Before making the germaneness test exclusive, Eu, supra note 6 at 1321, the California Supreme Court upheld both the functionality and germaneness tests. Amador Valley Joint Union High Schl. Dist. v. State Bd. of Equalization, 22 Cal.3d 208, 149 Cal.Rptr. 239, 248, 583 P.2d 1281, 1290 (1978). There, the court stated that the provisions of the initiative measure satisfied both standards in that the provisions "are both reasonably germane to, and functionally related" to the subject of property tax relief. Id., 149 Cal. Rptr. at 248, 583 P.2d at 1290.
Some state courts have been confronted with the issue of standing for legislators. See Zemprelli v. Thornburg, 73 Pa.Cmwlth. 101, 457 A.2d 1326, 1329 (1983) (state legislators had standing because they alleged they were denied their right to vote to confirm nomination submitted to them by the governor); Colorado General Assembly v. Lamm, 700 P.2d 508, 516 (Col. 1985) (the general assembly had standing to challenge the governor on the basis that he was exercising a legislative function in violation of the state constitution). Other state courts have found that a legislator has not shown that he has been injured. See Wilt v. Beal, 26 Pa.Cmwlth. 298, 363 A.2d 876, 881 (1976); Posner v. Rockefeller, 26 N.Y.2d 970, 311 N.Y.S.2d 15, 15, 259 N.E.2d 484, 485 (1970).
In re Initiative Petition No. 348, Okl., 820 P.2d 772, 776 (1991); In re Initiative Petition No. 314, Okl., 625 P.2d 595, 600 (1981), teaches that Art. 24, § 1, Okl. Const., is applicable to initiative petitions. For legislative bills, see Art. 5, § 56, Okl. Const., supra note 1, and Walters, supra note 2.
A similar argument could be made about § 23 of SB 142. That section provides for funding for a student tourism internship program. If this provision were to be placed under the State Board of Education appropriations bill, then it could be argued that it would not be germane to the common theme of education because it is an internship for students pursuing a degree in tourism management to be ultimately carried out within the Department of Tourism. In my view, under the strict approach this subject would be more appropriately placed under the Department of Tourism and not the State Regents for Higher Education as suggested by the court.
For the current "recompilation act", see 75 O.S. 1991 §§ 171 et seq.