By Constitution Staff

This issue of the Oklahoma Constitution presents the 32nd 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 the Oklahoma Conservative Political Action Committee (OCPAC) for recommendations 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 previous years is found on the following pages. A detailed description of the ten key bills 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 (indicated 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. But, a legislator absent for all the votes could only score 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 average score, or average for all the years that a legislator has been rated. With term limits, we have moved into a period where no legislator will have a cumulative score based on a period longer than twelve years.

By examining this year's score in relation to the cumulative average, the voting pattern of a particular legislator can be determined. While most score nearly the same, year after year, others trend upward or downward in 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 markedly improved, at 61%, over last year's 44%. Seventy-two legislators (50 in the House and 22 in the Senate) scored 70, or better, much better than the dismal 17 of last year. We suggest you commend all of these lawmakers.

The Senate averaged 57% conservative this year, the same as last year.

Readers should consider replacing those who scored 30%, or less, 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 Conservatives list were those lawmakers who scored 80%, or better. On the Top Liberals list were those who made 20%, or less.

THE TOP CONSERVATIVES

Seven legislators, six in the House, and one in the Senate, scored a perfect 100% conservative rating this year. They were Sally Kern, Charles Key, and Mike Reynolds of Oklahoma City; Jason Murphey (Guthrie); Mike Ritze (Broken Arrow); and Paul Wesselhoft of Moore, in the House. The lone senator to score 100% was Anthony Sykes of Moore.

Eleven legislators, seven in the House, and four in the Senate, scored 90% conservative. They included Mike Christian, David Dank, Randy McDaniel, and Mike Thompson of Oklahoma City; David Derby (Owasso); Corey Holland (Marlow); and Dennis Johnson of Duncan, in the House. In the Senate, the 90% scores were by Randy Brogdon (Owasso); Cliff Branan (OKC); and two from Tulsa, Dan Newberry and Gary Stanislawski.

Several other legislators made scores of 80%, or better, and they are all part of the Top Conservatives class of 2010.

THE TOP LIBERALS

Four legislators, two from the House and two from the Senate, scored a dismal zero percent conservative this year, and lead the list of Top Liberals. They included Ryan Kiesel of Seminole and Al McAffrey of Oklahoma City, in the House. The two senators were Richard Lerblance of Hartshorne and Jim Wilson of Tahlequah.

Wallace Collins of Norman was the only House member who had a 10% conservative score, while Johnny Crutchfield of Ardmore and Andrew Rice of Oklahoma City were senators who had a conservative score of 10%.

Several more legislators scored 20% conservative, or less, on the Index, and are also part of the list of Top Liberals.

The scores for all legislators and how they voted on each of the bills is found on the PDF files at the bottom of this page.

The bills used for this year's Oklahoma Conservative Index are:

(1) SB 1685

Firearms Freedom Act

Primary Authors: Sen. Randy Brogdon (R-Owasso) and Rep. Charles Key (R-Oklahoma City)

Under the provisions of this bill, no firearms or ammunition manufactured in Oklahoma and remaining in the state would be subject to federal regulations, including federal registration requirements. In addition to strengthening the constitutional rights of Oklahomans to keep and bear arms, provisions contained in the bill would also help attract gun manufacturers to the state, creating jobs and boosting the economy. The legislation was approved by the Senate by 39-3 on March 3 and the House 81-14 on April 20. It was vetoed by Gov. Brad Henry on April 26. On May 5 an attempted veto override in the Senate failed to receive the necessary votes required in an 28-16 vote. The conservative YES votes for final passage of the bill in the House, and the YES votes in the Senate to override the governor's veto, earn the "C" and the liberal NO votes receive the "L."

(2) HB 2569

RFID Driver's License Ban

Primary Authors: Rep. Paul Wesselhoft (R-Moore) and Sen. Dan Newberry (R-Tulsa)

This bill would have protected the right to privacy by preventing Oklahoma state and local governments from tracking a person's location or obtaining certain forms of personal information from an individual's driver's license. Through currently available technology, governments, as well as corporate and private entities, could track a person's location and collect personal information if one's driver's license is embedded with a Radio Frequency Identification (RFID) chip or special ink. They could potentially be tracked by government or even by businesses as one walks through their doors. The bill passed the House 76-13 on March 4, and the Senate 41-7 on April 21. Gov. Brad Henry vetoed the bill on April 28. The override of the governor's veto failed on May 11 in a 69-19 vote in the House (the override needed 76 YES votes to pass). The conservative YES votes for final passage of the bill in the Senate, and the YES votes in the House to override the governor's veto, deserve the "C" and the liberal NO votes get the "L."

(3) HJR 1056

Save Our State Amendment

Primary Authors: Rep. Rex Duncan (R-Sand Springs) and Sen. Anthony Sykes (R-Moore)

This proposal to amend the state Constitution is scheduled to be on the ballot in November as State Question 755. The proposal would require in-state courts to rely on federal and state laws when deciding cases and forbids courts from using international law or Sharia Law when making rulings. Judges in other states and on the federal bench have increasingly turned to citing international law in their court decisions. Our nation's laws were developed through a democratic process and should not be negated by an irresponsible judge's reliance on foreign rulings developed in autocratic societies. If the amendment is approved by voters, Oklahoma will be the first state in the nation to enact such a protection. The measure passed the House 82-10 on May 18 and 41-2 on May 24. The conservative YES votes are awarded the "C" and the liberal NO votes get the "L."

(4) HB 3354

Open Carry of Handguns

Primary Authors: Rep. Rex Duncan (R-Sand Springs) and Sen. Anthony Sykes (R- Moore)

This bill would have allowed Oklahomans with a handgun license/concealed carry permit to openly carry their weapon. Supporters said, "The most effective way to deter criminals is to let them know immediately that they will face lethal resistance if they attempt to commit a crime." Supports also say the current requirement to conceal the handgun can be difficult, especially during Oklahoma's hot summer weather. State records show that nearly 36,000 concealed carry licenses were issued in 2009 and just 105 licenses were revoked that year. Nearly 97,000 Oklahomans currently have a concealed carry permit. "The average citizen can clearly be trusted to handle a firearm responsibly when it is concealed," said Rep. Duncan, an attorney. The bill passed the Senate 33-15 on April 21and the House by a 74-24 vote on May 4. Gov. Brad Henry vetoed the bill on May 14. On May 20, the House voted 65-29 to override the governor's veto, but, sixty-eight votes were needed. The conservative YES votes for final passage of the bill in the Senate, and the YES votes in the House to override the governor's veto, deserve the "C" and the liberal NO votes receive the "L."

(5) SJR 59

Block National Health Care

Primary Authors: Sen. Dan Newberry (R-Tulsa) and state Rep. Mike Thompson (R-Oklahoma City)

After a similar statutory measure was vetoed by the governor, this joint resolution calls for a vote of the people to amendment the state constitution to prohibit a federal health care mandate requiring Oklahomans to purchase health care policies. The resolution is based on model legislation prepared by the American Legislative Exchange Council (ALEC). Similar constitutional amendments will appear on the ballot in several other states this year. A key argument in the states' constitutional challenge of ObamaCare will be that states have the authority to protect the liberty of their citizens. Many state constitutions already provide citizens with greater protection of individual rights than is guaranteed in the federal Constitution. Even if the federal individual mandate is struck down, a state constitutional amendment will ensure that the Legislature cannot impose a state-level individual mandate. Unlike the statutory measure, SJR 59 is a constitutional amendment which does not have to go to the governor's desk for signature. Instead, the proposal goes directly to the ballot for a vote of the people. The proposed amendment will appear as State Question 756 and is scheduled to be on the ballot in November. The measure passed the Senate 30-13 on May 5 and the House 88-9 on May 25. The conservative YES votes are awarded the "C" and the liberal NO votes get the "L."

(6) HB 2437

Health Carrier Access Fee

Primary Authors: Rep. Doug Cox (R-Grove) and Sen. Mike Johnson (R-Kingfisher)

This bill placed a 1 percent fee on health insurance claims paid by insurance companies. The money would be matched by federal dollars to generate revenue for Medicaid. Supporters expect the fee to generate about $78 million annually, which could then be matched three to one with federal money to support health care programs to subsidize claims for people who don't have health insurance. Opponents argued that the fee was actually a tax increase and was therefore a violation of Article 5, Section 33 of the state Constitution which prohibits the passage of tax revenue bills in the final five days of the legislative session. Also, as a result of the approval of State Question 640, any new tax or tax increase must be passed by a super-majority (which this bill failed to receive) of the Legislature or by a vote of the people. A user fee is a charge, such as for registering your car or getting a driver's license, which is used to support services for the user - like roads. Hunters and fishermen pay a fee for their licenses to fund the Department of Wildlife Conservation which is not appropriated money from the state General Fund. But this fee is on the payment of insurance claims, which will be used to support an insurance program for people who do not have insurance. This would be like forcing people who don't hunt to buy a hunting license. The bill passed the House 59-33 on May 21 and the Senate 29-14 on May 24. The bill was signed by Gov. Brad Henry on June 5. The Liberal YES votes receive the "L" and the conservative NO votes get the "C."

(7) HB 3393

Education Vouchers

Primary Authors: Sen. Patrick Anderson (R-Enid) and Rep. Jason Nelson (R-Oklahoma City)

The Lindsay Nicole Henry Scholarships for Students with Disabilities Program Act creates the Scholarships for Students with Disabilities Program. Under the legislation, students with disabilities (such as those with Down's syndrome or autism) who have an individualized education program (IEP) would qualify for a scholarship (Education Voucher) to attend any public or private school that meets the accreditation requirements of the State Board of Education. The program would not require new spending, but would merely redirect existing funds that are currently spent on the student. Other states with similar laws include Florida, Georgia, Utah, Ohio and Arizona. It is viewed as a first step toward a wider educational voucher program not restricted to students with disabilities and was strongly opposed by the educator's unions. The measure passed the House on May 21, 54-46 and the Senate 25-22 on May 26. Gov. Brad Henry signed the bill on June 7, which was named in honor of his daughter who died at seven months of age due to complications from a rare genetic disorder. Lindsey Nicole was the twin of the Henrys' oldest daughter, Leah. The conservative YES votes are awarded the "C" and the liberal NO votes get the "L."

(8) SB 1556

Driving Record Fee Increase

Primary Authors: Sen. Mike Johnson (R-Kingfisher) and Rep. Ken Miller (R-Edmond)

This bill more than doubles the price of providing driving records, making Oklahoma higher than any other state. For Oklahoma and most other states, this is a money-making deal because the actual costs to provide records are far lower than what most states charge. The previous fee was $10, and with passage of this bill, the fee increases to $25 with only $5 of the increase going to the Department of Public Safety. The other $10 goes into the General Fund which effectively makes it a tax, rather than a fee (see discussion of fee vs. tax on bill number 6). This fee is a method of collecting extra money from driver's needing a copy of their driving record, or from insurance companies verifying the driving record of someone seeking to be insured. The measure passed the Senate 41-5 on May 25 and the House, 74-24 on May 28. The fee increase was signed by Gov. Brad Henry on June 9. The Liberal YES votes receive the "L" and the conservative NO votes get the "C."

(9) HB 2780

Ultrasound Prior to Abortion

Primary Authors: Rep. Lisa Billy (R-Purcell) and Sen. Anthony Sykes (R- Moore)

This legislation requires doctors to provide women information obtained from an ultrasound prior to performing an abortion. Although ultrasounds are routinely conducted immediately prior to an abortion, those pictures and the information obtained from the ultrasound usually are not provided to women. Research has shown that most women upon seeing the ultrasound, will not proceed with the abortion and will opt to have the child. Women seeking an abortion should have the benefit of complete information before proceeding which such a medical procedure. The House passed the bill 87-7 on March 2 and the Senate 33-11 on April 19. Gov. Brad Henry vetoed the bill on April 22. The House voted 81-14 on April 26 to override the governor's veto, which was above the votes required. The Senate also successfully overrode the veto 36-12 on April 27. The conservative YES votes to override the governor's veto earn the "C" and the liberal NO votes deserve the "L."

(10) HB 2774

Healthy Lifestyles Certification

Primary Authors: Rep. Kris Steele (R-Shawnee) and Sen. Clark Jolley (R-Edmond)

This measure creates the Oklahoma Certified Healthy Communities Act and Oklahoma Certified Healthy Schools Act directing the Department of Health to establish and maintain a program for the certification of communities and schools that meet guidelines to promote wellness, encourage the adoption of healthy behaviors and establish safe and supportive environments. While initially a voluntary program, once established, it is expected efforts will be made to impose the requirements on everyone. While the criteria for certification will be developed through a process administered by the Department of Health, it may include some of the laws enacted by some communities around the county. An example would be New York City ban on use of transfats for cooking in restaurants. The bill also implements a rebate program to create smoke free restaurants. The measure passed the Senate 38-8 on April 20 and the House 71-23 on May 4. It was approved by Gov. Brad Henry on May 7. The Liberal YES votes receive the "L" and the conservative NO votes get the "C."