SB224 (re Student Data Collection) Passed By House On Fourth Vote After Failing In First Three

Tuesday, April 29th, SB224 – Creating the Oklahoma Education and Workforce Statewide Longitudinal Data System – was brought to the floor for a House vote following passage in the Senate 33 to 13. The bill failed in the House 35 to 56 with 7 absent.

At that time, author Representative Caldwell captured the bill to be reheard at a later time.

Thursday, May 1, the bill came to the House floor again, where it was voted down Ayes: 46 Nays: 37.

Then, a Motion to Rescind THAT vote was adopted Ayes: 51 Nays: 32.

The measure THEN passes Ayes: 51 Nays: 36 without the emergency clause.

Representative Tom Gann – who argued against the bill on the floor – wrote a Press Release concerning the unprecedented THREE votes the bill received on the 1st. That press release was read live on the air after it was sent, but Gann was advised that it would NOT be placed on the House website for publication. Please see below for a copy of that press release.

Rep.-Tom Gann, R-Inola Issues Statement on Bonus Vote of SB224 and Warns of the Dangers of Setting New Policy

Representative Tom Gann released the following statement on the unprecedented bonus vote taken by the house on Thursday on Senate Bill 224.

“On Thursday, May 1, 2025, Representative Kyle Hilbert, Speaker of the House, took actions regarding SB224 that did not align with the House Rules of the 60th Legislature. 

House rules dictate that once a bill is defeated it is not eligible for additional consideration. The House vote to defeat SB224 was considered final action under the rules.

However, Hilbert, while presiding over the house allowed an additional bonus vote to occur by which the bill was approved. This breaks with years of clearly established House precedent that prevents never ending bonus votes on failed legislation and opens up a Pandoras box of potential abuse. 

What other bills will be allowed a bonus vote?”

The relevant house rule and written precedent are attached to this release.

House Rule 6, Bills And Resolutions,

6.8 – Final Action

(a) The following action shall constitute final action on any bill or resolution:

1. committee recommendation, including any oversight committee recommendation or any policy committee recommendation of “Do Not Pass”;

2. if a motion to reconsider the vote on Third Reading or Fourth Reading fails to prevail or expires;

3. if a motion to table the motion to reconsider prevails; or

4. if a vote is taken on Third Reading or Fourth Reading and no notice is served to reconsider the vote.

(b) If final action is such as to defeat a bill or resolution, no other bill or resolution having the same effect and covering the same specific subject matter shall be considered by the House of Representatives during either session of the current Legislature.

Page 53

On page 209 of Precedents

6.8 – 4 (2010) Motion to Rescind May Not Be Used to Avoid Final Action

Rule – House Rule 6.8, paragraph (a) states in part:

(a) The following action shall constitute final action on any bill or resolution:

…a motion to reconsider the vote on Third Reading or Fourth Reading [that] fails to prevail…

History – Representative Nelson moved to reconsider the vote whereby Senate Bill 2207 failed, which motion failed of adoption. Representative Nelson moved to rescind the vote whereby the reconsideration motion failed.

Representative Reynolds raised a point of order stating that the motion to rescind was dilatory.

15 Okla. H. Jour., 1542, 1543, 52nd Leg., 1st Reg. Sess. (April 27, 2009).