By Constitution Staff

We will be publishing the 2014 Oklahoma Conservative Index, rating the members of the Oklahoma Legislature, in our summer edition as we have for the past 35 years. In election years before 2012, our summer edition was in circulation before the Primary Elections. However, due to changes in election dates that took place in 2012, that will not be possible, at least not from our printed edition. Starting in 2012, the deadline to file for office was moved to April, over one month earlier than in previous elections. Oklahoma's Primary Election date is now the last Tuesday in June, instead of the last week in July. For the 2014 election, the date will be June 24. For those seats in which no candidate receives more than 50 percent of the vote, the Runoff Primary Election will be held on the last Tuesday of August. The date for 2014 will be August 26. The General Election will be unaffected and will be November 4.

It is not possible to prepare the 2014 Conservative Index in time for our spring edition (the one you are currently reading) since the Legislature does not complete their session until the end of May. Indeed, many of the critical votes do not occur until the closing weeks of the session. We usually allocate about six weeks to prepare the ratings, but hope to condense the time frame this year in order to score the legislators and post the scores on our website prior to the Primary Election. Please check our website before the Primary Election to see if the 2014 Conservative Index is posted. If you sign up for our Twitter feed, we will send out a notice when it has been posted. In the meantime, the ratings for recent years are also available on our website: www.oklahomaconstitution.com

Preparing the Conservative Index

Each year we invite Legislators and other interested parties to recommend bills to be considered for the Oklahoma Conservative Index. After researching the suggested bills, the best prospects are presented to the Oklahoma Conservative Political Action Committee (OCPAC) to vote on the bills to be used. Members of the group, along with guests, meet weekly for lunch in Oklahoma City and two of the meetings in June are dedicated to preparing the Oklahoma Conservative Index. The first meeting involves discussion of the merits of the bills presented, with Legislators invited to participate in that discussion. The purpose of the meeting is to verify that the bills being considered merit inclusion in the ratings. Some of the bills being considered are dropped from consideration as a result of that discussion. The second meeting is devoted to debate about which are the best bills to include, and the vote by OCPAC members. Once the final list of ten bills has been selected, the staff of the Oklahoma Constitution compiles the scores and prepares the Oklahoma Conservative Index for publication. We invite our readers to attend the OCPAC lunches and participate in the bill selection process. Information about the weekly OCPAC lunches is posted on our website.

Marijuana Policy Reform Alliance

In February, state Senator Connie Johnson and former State Rep. Porter Davis announced a new alliance to reform marijuana policy in Oklahoma. Johnson, a Democrat, and Davis, a Republican, share a common interest in ending the prohibition of marijuana in the state for medicinal, decriminalization and industrial purposes. "The War on Drugs has utterly failed to achieve its stated intent. Instead, this costly program has violated rights, destroyed lives and families, militarized police, and given us record prison populations," said Johnson. This session, Johnson has filed Senate Bill 2116, which would regulate and tax marijuana like alcohol. "There are good reasons twenty States have at least decriminalized marijuana, and two have legalized it," said Davis, coordinator of the Gold State Initiative. "Nationally, over half the population is for legalization. A recent Sooner Poll shows 71 percent of Oklahomans support medical marijuana, with 57% supporting decriminalization. There are no factual or logical arguments that support continuing marijuana prohibition." Johnson said the alliance will work to reform marijuana policy through the legislative process as well as the initiative petition. Other speakers at the annoucement included Dr. Katherine Scheirman, Fellow, American College of Physician Executives; Attorney David Slane; and citizen activist Chris Fairchild.

Medical Marijuana Petition

On April 9, Oklahomans for Health filed with the Secretary of State to gather signatures on an initiative petition seeking a statewide vote to make medical marijuana use legal in Oklahoma. Supporters must collect 155,216 valid signatures of voters over a 90-day period to get the measure on the ballot. The proposal would make it legal for doctors to prescribe marijuana for 37 separate ailments including AIDS, arthritis, cancer, chronic pain, migraines, premenstrual syndrome, depression, anxiety, post-traumatic stress disorder, insomnia and severe nausea. It would reclassify marijuana as an herbal drug, which would be regulated by the Oklahoma State Department of Health. It would also create licensing and regulatory rules for cultivation and distribution. There would be a 7 percent tax on medical marijuana sales, with most of the proceeds going to fund the regulatory office. Patients would be required to obtain a medical card signed by a doctor and pay a $125 license fee. Those with a license could possess up to three ounces of marijuana and six marijuana plants. The proposal would make it a misdemeanor punishable by up to a $400 fine for people who don't have a license. There would be a $2,500 fee for businesses to become licensed as dispensaries, growers and packagers. If an acceptable ballot title is approved by the Attorney General, the organization hopes to start gathering signatures around May 15. If the petition is successful, the proposal could be placed on the General Election ballot this November.

School Shelter Petition Ruling

Supporters of placing storm shelters in Oklahoma public schools were granted more time to gather signatures on a ballot initiative, but the wording of the measure will remain intact. On April 1, the Oklahoma Supreme Court ruled that proponents of the initiative petition have 90 more days to collect signatures to get the measure on the election ballot. Supporters need the signatures of about 155,000 registered voters and are at about 35,000 signatures. The justices voted 8-0 for the 45-page decision written by Justice James Edmondson. Chief Justice Tom Colbert did not vote. The ballot title was challenged in a lawsuit filed in October by Take Shelter Oklahoma (TSO). The debate centered on changes by Attorney General Scott Pruitt to the original ballot title written by TSO. The group's version emphasized the need for storm shelters, while Pruitt's centered on the franchise tax, which would be the funding source for the program. The state argued that the AG, who reviews the ballot descriptions to meet legal requirements, correctly put in the title that the money for the bonds to pay for the shelters would come from the franchise tax. The proposal calls for the sale of $500 million bonds to be paid back using the state's franchise tax on businesses. It is estimated that it will cost about $40 million per year to service the bonds. The revenues from the franchise tax go into the state General Revenue Fund (GRF) and the Governor and the Legislature budget those funds along with the other revenues collected. The proposal would divert money from the GRF, reducing the funds available for other needs, such as education, public safety and health care.

Oklahoma School Enrollment

The number of students enrolled in Oklahoma public schools increased for the 2013-14 school year. The total enrollment of students attending the government schools in pre-kindergarten through grade 12 is 681,578. That is an increase of 8,388 students from 673,190 in 2012-13 enrollment and 27,036 more than in 2009, five years ago. Because of this sharp growth in enrollment over the past five years, state Superintendent Janet Barresi said, "I have asked for additional funding for schools from the state Legislature. I'm pleased that even in a tight revenue year, Gov. Fallin has proposed a significant increase for K-12 education. Additional funding certainly isn't the sole answer, but we are working to ensure that common education receives as much funding as possible given fiscal realities. I also continue to ask local school boards and administrators to do their best to get dollars to the classroom so our teachers are better equipped to teach this growing number of students."

$6.9 Billion for State Appropriations

Revenue figures approved Feb. 18 by the state Board of Equalization showed a reduction in funding available for appropriations for Fiscal Year. The seven-member board, chaired by Gov. Mary Fallin, approved $6,940,352,735 in revenues available for discretionary appropriations for FY 15, which is $188.5 million or 2.6 percent less than was appropriated for FY 14, the current fiscal year ending June 30. The decrease in revenues available for appropriations was caused by a corporate income tax decline and the ongoing trend of less revenue reaching the General Revenue Fund for discretionary appropriations despite gross tax receipts to the state treasury reaching all-time highs. The reduction in appropriations brings the state back to FY 13 discretionary spending levels.

GRF Receipts Miss Estimate

General Revenue Fund (GRF) collections tumbled 9.1 percent below the official estimate in March after another month of unusually low corporate income tax revenue, this time following a major increase in tax credit claims. As state government's main operating fund, the GRF is the key indicator of state government's fiscal status and the predominant funding source for the annual state budget. Made up of nearly 70 revenue sources, the GRF is where all taxes flow except those dedicated to specific programs. March collections to the GRF totaled $412.8 million, which is $1.1 million, or 0.3 percent, less than collections for March 2013 and $41.4 million, or 9.1 percent, below the official revenue estimate upon which the Fiscal Year 2014 appropriated state budget is based. March's weak GRF collections rekindled the possibility of mandatory appropriation reductions for all state agencies in FY 14, the current state budget year that began July 1, 2013 and ends June 30, 2014. For the first three quarters of FY 14, GRF collections totaled $3.9 billion, which is $7.2 million, or 0.2 percent, above prior year collections and $215.4 million, or 5.2 percent, below the official estimate.

Oklahoma House Speaker

Rep. Jeff Hickman (R-Fairview) was elected Speaker of the Oklahoma House of Representatives on February 10, replacing Rep. T.W. Shannon (R-Lawton) who resigned as speaker to focus on his run for the U.S. Senate seat being vacated by Sen. Tom Coburn. Hickman edged out Rep. Mike Jackson (R-Enid) for the post. Jackson served as speaker pro tem, the No. 2 spot in the House under Shannon. Hickman immediately took office to lead the House in the Second Session of the 54th Legislature. In his acceptance speech, Hickman said that under his watch, the House will remain committed to responsible and limited government and dedicated to becoming better stewards of the taxpayers' money and infrastructure. Speaker Shannon had a relatively conservative voting record, with a cumulative average of 74% on the Oklahoma Conservative Index. Hickman and Jackson have identical scores on the Conservative Index, a disappointing cumulative average of 59%, placing them in RINO (Republican In Name Only) territory.

Speaker Makes Changes

The newly elected Speaker of the House, Jeff Hickman, quickly placed his own mark on the House. In his first two weeks as leader, he replaced several committee chairmen and did away with former Speaker Shannon's bipartisan Calendar Committee, a reform instituted last year for scheduling the bills that are heard on the floor of the House. The powers of the committee were transferred back to the Speaker of the House. Hickman removed several committee chairman, replace them with his own loyalists. It was punishment time for the Jackson supporters and reward time for those who supported the new Speaker. Among the major changes were Norman Rep. Aaron Stiles replacing Rep. Leslie Osborn as chair of the Judiciary Committee, and Rep. Mike Reynolds replacing Rep. Jason Murphey as chair of the Government Modernization and Accountability Committee. Hickman named Rep. Earl Sears of Bartlesville to replace Rep. Tom Newell as vice-chair of the powerful House Appropriations and Budget Committee. And, Rep. Mike Ritze was named Chairman of House Public Safety Appropriations Committee.

Hickman Challenged

State Rep. Jason Murphey (R-Guthrie) is challenging Jeff Hickman for the Speaker of the House post for next year's session. There is a vote scheduled in the Republican caucus for May 5 to determine who they will support for Speaker next year. Murphy confirmed he is running for the top spot and told the Oklahoma Constitution, "I want to provide House members with the tools they need to truly hold the state bureaucracy to account and shrink the size and scope of state government. Too much of the current process entices House members to give up on oversight and settle for the status-quo. If elected I will work tirelessly to return the balance in favor of the taxpayers and those conscientious House members who want to insist on accountability." Murphey has a 100% cumulative average on the Oklahoma Conservative Index. He is the only member of the Legislature to receive a perfect 100 percent score for every year he has served in the Legislature. There has been a good deal of discontent over some of the heavy-handed actions taken by Hickman since becoming Speaker. Murphey said he thinks the caucus will appreciate having an option in voting for the Speaker Designate position.

Senate Democrat Leader

A disagreement over how much taxes should be paid on horizontal drilling of oil and natural gas wells has cost the incoming leader of the state Senate minority party his leadership position. In February, Senate Democrats had named Sen. John Sparks (D-Norman) as the next minority leader to replace Sen. Sean Burrage (D-Claremore) who is not seeking re-election. But they changed their mind in April, after a guest column written by Sparks was published in the March 21 edition of the Journal Record newspaper. The Senate Democratic Caucus has now named Sen. Randy Bass (D-Lawton) as its new leader. Currently, gross production taxes on horizontal wells are 1 percent for the first 48 months and then jumps to 7 percent. The tax break is set to expire July 1, 2015. Legislative leaders have not reached a decision on if the rate will be extended. In the Journal Record article, Sparks said "it's bewildering that some of Oklahoma's most high-profile elected officials are trying to raise taxes on oil and gas under the pretense that the industry needs to pay its fair share." Sparks suggested that eliminating the incentive could lower production, reduce royalty income to Oklahomans, and cause a loss of jobs to neighboring states. Sparks has a 29% cumulative average on the Oklahoma Conservative Index, and Bass has a 30% score.

Bingman Selected Again

The Senate Republican caucus voted unanimously on April 14 to re-elect Pro Tem Brian Bingman (R-Sapulpa) to another term. The caucus vote means Bingman will be the first Republican in state history to serve three terms as Pro Tempore of the Senate. "I am incredibly humbled and honored that my fellow Senators have given me the opportunity to continue to serve the state and all Oklahomans in this capacity," said Bingman. He has a 61% cumulative average on the Oklahoma Conservative Index. Bingman will formally be elected Senate President Pro Tempore for the 55th Legislature when the Senate meets for an organizational day in January, 2015.

Anniversary of Obama's Cushing Visit

U.S. Sen. Jim Inhofe released remarks on the 2nd anniversary of President Obama's speech on March 22, 2012, in Cushing, Oklahoma regarding his support of the southern leg of the Keystone XL: "It was two years ago today that President Obama made a bold decision to visit Oklahoma where he promised that his administration would "cut through the red tape' to advance domestic oil production. Two years later, Oklahomans can attest that our nation's energy growth has been in spite of President Obama, not because of him. The southern leg of the Keystone pipeline may be built, but it didn't require the approval of the President. The pipeline that begins in Cushing, Okla., is the result of thousands of hardworking Americans and roughly 50 innovative U.S. manufacturers and companies. Red tape still exists because the President continues to stall approval on Keystone's final leg, despite even his own Administration saying that the pipeline will have little impact on climate change."

Incentivize Natural Gas Vehicles

In February, U.S. Sen. Jim Inhofe, senior member of the Environment and Public Works Committee, introduced with Sen. Carl Levin (D-Mich.) the Alternative Fuel Vehicle Development Act (S. 2065), that would incentivize the production and purchase of alternative fuel and natural gas vehicles (NGVs). "The booming natural gas industry in America is delivering a cheap, domestic energy source for our homes and businesses, but this fuel source is being underutilized in our vehicles," said Inhofe. "Oklahomans have led the nation in the use of NGVs, and I have introduced the Alternative Fuel Vehicle Development Act to help the rest of the nation tap into the benefits of using natural gas in vehicles. The legislation will incentivize automakers to bring NGVs to the market more quickly by streamlining regulations and removing red tape that automakers currently must comply with." Current law allows automakers to earn credits for compliance with the CAFE gas milage requirements by producing alternative fuel dual-fueled vehicles, but these credits are subject to a cap. Today, automakers earn the majority of their allowed credits by producing E85 (ethanol) Flex-Fuel vehicles, leaving none for more advanced alternative dual-fuel vehicles. The legislation would remove the credit cap for natural gas and other alternative fuel dual-fueled vehicles, excluding E85 Flex Fuel Vehicles. The legislation would also encourage the consumer purchase of natural gas and other alternative fuel vehicles by giving states the option to allow these vehicles to use high-occupancy vehicle lanes without passenger restrictions."

Non-ACA Compliant Insurance Policies

Oklahoma Insurance Commissioner John Doak announced that health insurers may continue to renew policies not meeting Affordable Care Act (ACA) requirements through 2016. "The continued twists and turns related to Obamacare confuses consumers and frustrates businesses," said Doak. The extension is not a universal remedy for concerns about access and affordability. The change won't prevent price increases, nor will it ensure that provider networks will stay the same for the next two years. "We have significant concerns about the long-term effects of Obamacare on the health insurance market and continue to question the ever-changing rules, but we must do our job to work through the changes to limit the negative impact on consumers," said Doak. "This is the essence of state-based regulation and it allows state regulators to make the best choices for our consumers. I believe that allowing the market to continue to operate freely without unnecessary government interference is what will provide the most benefit to consumers."

Better Way than ObamaCare

The Center for Health Economy released an economic analysis that found that the Patient Choice, Affordability, Responsibility, and Empowerment (CARE) Act -- a legislative plan put forward by Senators Richard Burr (R-N.C.), Tom Coburn, M.D. (Okla.), and Orrin Hatch (R-Utah) -- reduces health care costs, lowers premiums, and provides more Americans with health care coverage than Obamacare. "In his State of the Union speech the President spoke about his signature domestic achievement, Obamacare. He said if anyone has a health care plan out there that cuts costs, covers more people and increases choices, to show him the numbers to see if they add up. Mr. President, we have a plan that will add up to lower costs, more choices and cover Americans with pre-existing conditions," Burr, Coburn and Hatch said. "Our plan gives individual Americans greater control over their own health care and asks government bureaucrats to leave the exam room. Using smart insurance market reforms, putting small businesses more on par with Fortune 500 companies, and giving individuals -- not government -- more tools to make the best decisions for themselves is a prescription for success."

GAO Duplication Report

U.S. Senator Tom Coburn, M.D. commented regarding the Government Accountability Office's (GAO) fourth annual report detailing unnecessary duplication in the federal government. This year's report identified 26 areas of duplication that could save taxpayers $45 billion over five years. "Turning this ready-made list of cuts into savings is one of the best ways Congress can regain the trust and confidence of the American people. No American -- regardless of party or ideology -- wants to see their tax dollars fund unnecessary duplication and bloat, particularly when real incomes have flat-lined and our economy is being dragged down by a $17 trillion debt." Coburn said Congress should pass two bipartisan bills based on GAO's recommendations. The Taxpayers Right to Know Act would require federal agencies to provide taxpayers with an annual report card for each of its programs and disclose overlap and performance measures. The Let Me Google That For You Act would eliminate the National Technical Information Service (NTIS) that sells free government reports that are available online to other federal agencies and the public at a loss. The GAO began issuing the reports after Dr. Coburn attached an amendment to the debt limit increase in 2010. The amendment was approved by a vote of 94 to 0. GAO's previous three reports identified 162 areas of government duplication and cost savings. To address these areas of concern, GAO recommended 380 specific actions to be taken by Congress and the administration to help reduce duplication, fragmentation, and overlap.

Coburn Honored by OCPA

On April 3rd, the Oklahoma Council of Public Affairs (OCPA) honored Dr. Tom Coburn, U.S. Senator, as its 2014 Citizenship Award recipient. The conservative Oklahoma think tank presented the award at its annual Citizenship Award Dinner at the National Cowboy and Western Heritage Museum in Oklahoma City. The keynote speaker for the evening was Dr. Charles Krauthammer, syndicated columnist and Fox News contributor.

Holder at OKC Police Graduation

U.S. Attorney General Eric Holder was to speak at this year's Oklahoma City Police Academy graduation on April 24, but cancelled just hours before the event. As news of Holder's appearance was made public the week before, there were many who were outraged at the invite. Since his appointment by President Barack Obama, U.S. Attorney General Holder has been involved in a number of controversies and what many are calling serious infringements of American's civil liberties.

State Representative and 5th District Congressional candidate Mike Turner (R-Oklahoma City) called Holder's appearance "outrageous." Turner said, "After his involvement in the Fast and Furious Gun Running Scandal and his refusal to hand over documents on the matter to Congress, I find it disturbing that he will be addressing men and women who will be fighting on the front lines against the Mexican Cartel presence in Oklahoma City." The current congressman and U.S. Senate candidate James Lankford said, "It's incredibly ironic that our nation's "top cop,' AG Holder, who is delinquent in producing thousands of subpoenaed documents to the House Oversight Committee, was chosen to come to Oklahoma City on Thursday to swear-in our newest police cadets."

State Rep. Paul Wesselhöft (R-Moore) was among eight legislators who addressed a demonstration against Holder on the day of the event. Wesselhöft, an early member of the High Noon Club, the organization that called for the demonstration, said Holder should be impeached. "Holder has selectively prosecuted in a politically biased manner and has intentionally shielded the President who appointed him from all folly," Wesselhöft said. "In doing so he has broken his public oath to uphold the U.S. Constitution. He should be impeached."

Mullins Returns To Radio

Former KTOK morning show host Reid Mullins returned to radio in February with "The Ride With Reid" on KZLS-1640 AM. Mullins hosted the KTOK show for eight years until management downsized and dumped Mullins last August. Owned by Champlin Broadcasting of Enid, KZLS is a 10,000 watt station that covers north central Oklahoma and also streams at www.kzlsam.com. Mullins is on the air 7-10 AM weekdays. The new show brings back the "information and news" paradigm that former KTOK listeners were accustomed to says Mullins. Guests include local, state, and national political figures, commentators, and experts in various fields. KZLS had been an oldies music format before the transition to a full time news-talk format. Former Oklahoma Congressman Ernest Istook is part of the move to the new format. Istook has a national program on several stations around the country and can be heard from 11 A.M. to 2 P.M. daily on the station.