The Oklahoma Conservative Index
Oklahoma Conservative Index 2007
This issue of the Oklahoma Constitution presents the 29th annual Oklahoma Conservative Index, rating our state legislators. Members of each house of the Oklahoma Legislature were rated on ten key votes. A favorable vote on these issues represents a belief in limited government, individual liberty, traditional standards, free enterprise, and constitutional government.
After taking suggestions from many conservative leaders, the staff of the Oklahoma Constitution submitted bills to a vote of the members of Oklahoma Conservative Political Action Committee (OCPAC) for recommendation of the ten key votes.
A complete listing of all legislators, their vote on each of the ten key legislative issues, their total score for this year, and their cumulative score averaged from their ratings in previous years is found on the following pages. A detailed description of the ten key issues voted on by the legislators is also provided.
Rating Calculation
To determine this year's rating, 10 points were earned for each conservative vote (designated by a C), and no points are awarded for a liberal vote (designated by an L). Each failure to vote (recorded as a Z) provides only three points. When the rating system was created in 1979, it was decided that there should be a difference between voting liberal, and missing a vote. A legislator missing all the votes would score only 30%, which is our recommended score for seeking a replacement.
Thus, a legislator voting conservative on eight votes, liberal on one, and failing to vote on another, would receive eighty plus three, or an 83% conservative rating.
This year's conservative rating was averaged with the legislator's scores from previous years to obtain the cumulative score, or average for all the years that a legislator has been rated. With term limits, we are moving into a period where no legislator will have a cumulative score based on longer than twelve years.
By examining this year's score in relation to the cumulative score, the voting pattern of a particular legislator can be determined. While most score nearly the same, year after year, others trend upward or downward from their average. If your legislator is trending toward conservatism, please offer your encouragement and support. If your legislator is exhibiting a leftward trend, it is time to express your disappointment and suggest the need for a replacement if the trend is not reversed.
The average score in the House was 52%, the same as last year's average. The highest average occurred in 1981, at 63%. This year, 40 House members and 17 senators scored 70%, or better. (Only two senators did 70%, or better, last year). These lawmakers should be commended. Twenty-four legislators scored 70%, or better, last year.
The Senate continues to be the more liberal body, with an average score of 49%, much better than last year's 39% average.
Readers should consider replacing those who scored less than 30%, while giving close scrutiny to those who scored between 30% and 70%.
The Top Conservative and Top Liberal legislators were selected by their scores on the Index. Making the Top Conservative Legislators list were those who scored 80%, or better. On the Top Liberal Legislators list were the legislators who scored 20%, or less.
Top Conservatives
Four legislators, three in the House and one in the Senate, scored a perfect 100% conservative rating this year. They were Jason Murphey (Guthrie), Paul Wesselhoft of Moore, and John Wright of Tulsa. Senator Randy Brogdon of Owasso also scored a perfect 100%.
Rep. Mike Reynolds of Oklahoma City scored 93%. Scoring 90% conservative were Rex Duncan (Sand Springs); Sally Kern (OKC); and Randy Terrill of Moore. In the Senate, 90% scores were recorded by Cliff Aldridge of Midwest City and Todd Lamb of Edmond.
Rep. Dennis Johnson of Duncan made 83%. House members who scored 80% included Marian Cooksey (Edmond); David Derby (Owasso); John Enns (Waukomis); George Faught (Muskogee); Fred Jordan (Jenks); Charlie Joyner (Midwest City); Mark McCullough (Sapulpa); Pam Peterson (Tulsa); Ron Peterson (Broken Arrow); Mike Thompson (OKC); and Sue Tibbs (Tulsa).
Top Liberals
Legislators who scored 20% Conservative, or less, are found on the Top Liberal Legislators list.
Four legislators, two in the House and two in the Senate, earned zero conservative scores to lead the Top Liberals list. They included Al McAffrey and Mike Shelton, both House members from Oklahoma City, and senators Constance Johnson (OKC) and Richard Lerblance of Hartshorne.
Rep. Anastasia Pittman (OKC) scored a dismal 3%. Other House members who scored only 10% were Scott BigHorse (Pawhuska); Wallace Collins (Norman); Ryan Kiesel (Seminole); and Al Lindley (OKC). Senators with 10% scores were Judy Eason McIntyre of Tulsa and Andrew Rice of Oklahoma City.
Paul Roan (Tishomingo); and Dale Turner (Holdenville) of the House, and Jim Wilson of Tahlequah in the Senate all made scores of 13%. Darrell Gilbert (Tulsa) of the House managed a mere 15%, and Bill Nations of Norman had only 16%. Senator Joe Sweeden of Tulsa scored 19%.
House members who scored 20% conservative were John Auffet (Stillwell); David Braddock (Altus); Mike Brown (Ft. Gibson); John Carey (Durant); Rebecca Hamilton (OKC); Chuck Hoskin (Vinita); Ray McCarter (Marlow); Jeannie McDaniel (Tulsa); and Jerry McPeak (Warner). Senators at only 20% were Roger Ballenger (Okmulgee); Randy Bass (Lawton); Johnnie Crutchfield (Ardmore); Debbe Leftwich (OKC); John Sparks (Norman); and Charles Wyrick of Fairland.
The votes used on this year's Conservative Index are:
(1) Control Illegal Immigration
HB 1804 by Rep. Randy Terrill (R-Moore) and Sen. James Williamson (R-Tulsa)
The "Oklahoma Taxpayer and Citizen Protection Act" has been labeled as the most aggressive state immigration reform measure in the nation. The legislation replicates in state law the federal statutes making it a crime to move, transport, conceal, harbor or shelter from detection persons known to be illegal aliens. It requires all state agencies or entities and businesses that contract with a state agency or entity to register and participate in a federal verification system to check the citizenship or immigration status of new employees. It restricts eligibility for state driver licenses and identity cards to citizens, nationals and legal immigrants. The bill passed the Senate on April 16th in a 41-6 vote and passed the House by a vote of 84-14 on May the 1st. It was signed by the Governor on May 8th. A "Yes" vote is Conservative and a "No" vote is Liberal.
(2) Ban Tax Paid Abortions
SB 714 by Sen. James Williamson (R-Tulsa) and Rep. John Wright (R-Broken Arrow)
This bill would have prohibited state funds, facilities and employees from being used to perform abortions. The bill passed the House 73-22 on April 3rd and returned to the Senate where it passed on April 11. It was vetoed by Governor Henry. On April 25, a Senate veto override failed by one vote(a two-thirds vote is required). A second veto override also failed 31-16 on May 9 (this was the final vote in the Senate and was used for the rating). A yes vote for the bill in the House and the veto override vote in the Senate is Conservative and a no vote is Liberal.
(3) Spend Reserve Fund Spill-Over
HB 1105 by Rep. Chris Benge (R-Tulsa) and Sen. Johnnie Crutchfield (D-Ardmore)
Instead of returning the excess funds to the taxpayers, this bill logrolled (placed multiple appropriations into a single bill) the spending of nearly $140 million of excess money from the Constitutional Reserve Fund for numerous endeavors including $15 million to the Centennial Commission, $6 million for a Bioenergy Center, $2 million for the Oklahoma Spaceport Authority, $5 million for an Educare Program, and $1 million for an Youth Expo Endowment. In addition to many questionable spending items, the bill raised a serious constitutional question as the state Constitution only allows logrolling to occur in a General Appropriations bill. This bill passed the House by a vote of 88-8 on May 24th and the Senate by a vote of 44-2 on May 24th. It was signed by Gov. Henry on June 4. A "No" vote is Conservative and a "Yes" vote is Liberal.
(4) Reduce Taxes
SB 861 by Sen. Don Barrington (R-Lawton) and Rep. Randy Terrill (R-Moore)
This was the comprehensive tax reform bill. The foremost provision of the bill accelerated the reduction of the marginal state income tax rate from 5.65% to 5.25% over a two-year period. The legislation also provided an alternative child credit for a parent staying at home, eliminated the franchise tax on a number of small businesses, and included a sales tax holiday for back-to-school clothing and footwear to compete with a similar program in Texas. The measure passed the House by a vote of 63-37 on April 23rd and the Senate by a vote of 33-15 on May 7th. It was signed by the governor on May 14th. A "Yes" vote is Conservative and a "No" vote is Liberal.
(5) Tort Reform
SB 507 by Sen. Cliff Branan (R-OKC) and Rep. Rob Johnson (R-Kingfisher)
This bill was an attempt at comprehensive tort reform. The legislation included a stricter definition of "frivolous" lawsuits, a cap on pain and suffering awards, improved standards for expert witnesses, and the elimination of joint and several liability. It also placed restrictions on class-action lawsuits where trial lawyers file a case and then search for clients. Oklahoma ranks a lowly 38th on the U.S. Chamber of Commerce's ratings of state liability systems and compares badly with neighboring Texas which has used its 2003 tort reform to lure business. The measure passed the House 57-39 on April 17 and the Senate on April 19 in a 25-23 vote. A veto from Governor Henry on April 28 drew a negative editorial in the Wall Street Journal about how trial lawyers are still running Oklahoma. A "Yes" vote is Conservative and a "No" vote is Liberal.
(6) Subsidize Remington Park Hotel
HB 2019 by Rep. Mike Shelton (D-OKC) and Sen. Richard Lerblance (D-Hartshorne)
This bill was intended to give a state sales tax exemption or rebate to a hotel developer for materials used in the construction of a particular hotel facility located in close proximity to a licensed horse racing facility which also conducts gaming activity authorized under the State-Tribal Gaming Act (Remington Park in Oklahoma City). The bill passed the House 54-40 on March 13 and the Senate by a vote of 27-19 on April 17. It died in Conference Committee. A "No" vote is Conservative and a "Yes" vote is Liberal.
(7) Fund Government Television
HB 1135 by Rep. Chris Benge (R-Tulsa) and Sen. Johnnie Crutchfield (D-Ardmore)
This bill appropriated over $8 million for the Oklahoma Educational Television Authority (OETA), the state government-run television network. With the diversity of channels available to nearly all Oklahoma citizens, there is no need for taxpayers to duplicate and compete with private enterprise broadcasters. In addition, there are serious questions concerning the slanted viewpoints of some programing. The bill passed the House 78-28 on May 22 and the Senate 37-8 on the same day. Gov. Henry signed the funding bill on June 4. A "No" vote is Conservative and a "Yes" vote is Liberal.
(8) Subsidize Health Insurance
HB 1225 by Rep. Chris Benge (R-Tulsa) and Sen. Johnnie Crutchfield (D-Ardmore)
This bill expanded the Oklahoma Employer/Employee Partnership for Insurance Coverage (OEPIC) program. The program provides "public-private cost sharing" to help the uninsured pay health insurance premiums. The bill increased the number of businesses and the number of employees qualifying for the program. In the initial program, businesses with 50 employees or less qualified for taxpayer subsidies. This legislation increases the participation level to include businesses with up to 250 employees. Also, employees with incomes up to 250 percent of the federal poverty level will now be able to participate. Under the program, the state pays 60% of the insurance premium, the employer 25%, and the employee 15%. The bill passed the House 86-11on May 22 and the Senate 38-7 on May 23. It was signed by Gov. Henry on June 4. A "No" vote is Conservative and a "Yes" vote is Liberal.
(9) Expand Charter Schools
HB 1589 by Rep. Jabar Shumate (D-Tulsa) and Sen. Judy Eason McIntyre (D-Tulsa)
This bill was drafted in response to the Tulsa Public School Board placing a moratorium on the creation of new Charter Schools. The astounding success of some Oklahoma Charter Schools is placing pressure on the public school system. HB 1589 takes the sole power to charter new Charter Schools away from public school boards and allows higher education institutions, Career Tech and others to also sponsor Charter Schools. The bill passed the Senate by a vote of 26-21on May 24th and the House by a vote of 57-34 on the same day. Gov. Henry signed the bill on June 4. A "Yes" vote is Conservative and a "No" vote is Liberal.
(10) Extend Gun Rights
SB 145 by Sen. Brian Crain (R-Tulsa) and Rep. Daniel Sullivan (R-Tulsa)
This legislation supports the "right to keep and bear arms" by allowing Judges who have a concealed handgun carry permit to have their gun with them in the courtroom. The House passed the bill 89-6 on April 21and Senate passed it 36-10 on May 8. Gov. Henry signed the bill on May 14. A "Yes" vote is Conservative and a "No" vote is Liberal.
Find Your Rep/Senator Here. Index In PDF Format.
PDF Of The Conservative Index For The Senate
PDF Of The Conservative Index For The House
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