State Rep. Hasenbeck's 'Women's Bill of Rights' passes State House

Hasenbeck Passes Women's Bill of Rights

OKLAHOMA CITY (March 23rd) – The Oklahoma House of Representatives has approved the Women's Bill of Rights, preserving biological sex as a distinct legal category.

Rep. Toni Hasenbeck, R-Elgin, authored House Bill 1449, which clarifies how people of both biological sexes are treated under state law by defining 'sex' as a person's biological sex, whether male or female, at birth. It also forbids unfair sex discrimination but allows for recognition of the differences between sex on issues related to biology, privacy, safety or fairness.

Supreme Court overturns electric/hybrid car tax; Fallin, Richardson comment

Governor Mary Fallin Statement on the Oklahoma Supreme Court Striking Down Electric, Hybrid Vehicle Registration Fee

OKLAHOMA CITY – Governor Mary Fallin today issued the following statement in response to the Oklahoma Supreme Court striking down a registration fee for electric and hybrid vehicles:

 “I’m disappointed with the Oklahoma Supreme Court striking down the registration fee for electric and hybrid vehicles. Fortunately, lawmakers are in special session now working on how to adjust a shortfall of $215 million of state appropriations caused when the state Supreme Court earlier this year struck down a proposed smoking cessation fee.”

[Governor's Press Office] Note: House Bill 1449 would have established a $100 fee for the registration of an electric vehicle and a $30 fee for a hybrid vehicle. Revenue from the fees, which was to have gone into effect Jan. 1, would have gone to the state's highway construction and maintenance fund. The measure was projected to raise more than $506,000 for the current 2018 fiscal year, and $1.01 million for the 2019 fiscal year. The measure passed the House, 61-36, and the Senate, 29-11.

Richardson Successfully Overturns Electric Car Tax Increase [*]

Tulsa, OK, October 24, 2017 – Gary Richardson, Republican candidate for Governor,  celebrated the overturning of the Motor Vehicle Fuel Tax Fee that he challenged in the Oklahoma Supreme Court this summer.

"I am thankful that the State Supreme Court recognized that the Motor Vehicle Fuel Tax Fee leveed on hybrid and electric vehicles was an illegal tax increase," said Richardson.  Richardson referred to the ruling in favor of the Sierra Club, which challenged the same fee as Richardson did in his suit.

"Oklahoma deserves a leader who puts their words into actions," said Richardson.  "I am the only candidate for Governor who even attempted to stop the tax increases and I'm not even an elected official like some of my opponents.  Imagine what will happen when I get elected as Governor."


[* - I wouldn't call the headline 'Richardson Successfully Overturns' strictly accurate. While Richardson's lawsuit was practically identical in argument to the Sierra Club's, the Court did not rule on his lawsuit, choosing the other instead.]

Richardson to Challenge Tax Hikes in Supreme Court

Richardson to Challenge Tax Hikes in Supreme Court

Tulsa, OK, June 22, 2017–  Gary Richardson held  a press conference at the Tulsa Press Club today at 3 p.m. to announce his plan to file a lawsuit in the Oklahoma Supreme Court challenging the constitutionality of House Bills 1449, 2348, and 2433.

House Bill 1449 creates the “Motor Fuel Tax Fee” which charges a fee to owners of electric and compressed natural gas vehicles in order to make up for the fact that they don’t pay the motor fuel tax; House Bill 2348 effectively raises taxes on the millions of Oklahomans who take the standard deduction when filing their tax returns by uncoupling the state deduction rate from the federal rate; and House Bill 2433 adds a new 1.25% sales tax on motor vehicle sales on top on the existing excise tax already charged on car sales.  All three of these laws were enacted in violation of Article 5, Section 33 of the Oklahoma Constitution which was enacted by State Question 640 in 1992.

Transcript of press conference

Good afternoon ladies and gentlemen.  I’m here today to talk about the recent “tax increases” that were passed by our legislators.

Our state constitution reads in Article 5, that “the people reserve to themselves the power to propose laws and amendments to the Constitution and to enact or reject the laws and amendments at the polls, independent of the legislature.”

In 1907, when writing our State Constitution, our state founding fathers held that the will of the people is “sacred”. They made clear that the legislature only has the legislative powers expressly delegated to it and that all other legislative power is vested in the people exercised by the initiative and referendum processes. It was this holding and right to the use of an “initiative petition” that Norman, Oklahoma attorney Stan Ward headed a citizen’s group to gather enough signatures to put State Question 640, in 1992, to the vote of the people that amended Article 5 of our State Constitution requiring all “revenue increases” to have at least 3/4ths majority of the legislators to pass a tax or to be voted on by the people, that the bill was to originate in the State House, and not to be voted on in the last 5 days of the session.

This past legislative session, our leaders violated Article 5, Section 33 of our State Constitution when they passed House Bills 1449, 2348 and 2433.

In order to attempt to make up for the fact that owners of electric vehicles and compressed natural gas vehicles don’t pay the motor fuel tax, our state legislators passed House Bill 1449, attempting to create a “motor fuel tax fee”.  The authors of the bill knew this wasn’t a fee because they put “tax” in the name of their fee! House bill 1449 failed to get the 3/4ths majority needed to pass legislation that raises revenue in both the state house and senate and it was voted on in the last five days of session, both of which violate Article 5, Section 33 of the Constitution.

House Bill 2348 enacted by our state leaders raised taxes on the 70% of Oklahomans who take the standard deduction when filing their tax returns by freezing the state deduction rate, which normally is increased every year to match the federal rate.  Again, this bill didn’t get the 3/4th votes needed in the State House which violates Article 5, Section 33.

HB 2433 is an effort by our legislators to add a new sales tax of 1.25% tax on motor vehicle purchase.  This, on top of the existing excise tax already charged on car purchases.  This bill, if left unchallenged, would take close to $125 million from Oklahomans purchasing vehicles.  Again, the bill didn’t receive three fourths majority in either the State House or Senate, it was voted on in the last five days of session, and they added an emergency clause to the bill, all in violation of Article 5, Section 33 of our Oklahoma Constitution.

Folks, when our Legislators and Governor willfully disregard our State Constitution, it’s up to the people of our state to take a stand, which is why I am standing here today, for the citizens of our state.

Since 1981, I have been standing as a warrior for the citizens of our state.  First as a United States Attorney, appointed by President Reagan and then in the private practice of law.  I can think of no better way, at this time, to continue the fight than by challenging the constitutionality of these new taxes that are clearly in violation of Article 5, Section 33 of our State Constitution.

This is why I will be filing a law suit in the next few days, on behalf of the citizens of Oklahoma, asking the courts of Oklahoma to invalidate House Bills 1449, 2348 and 2433.  I have hired Norman, OK lawyer Stan Ward, again, the author of Article 5 Section 33, to be my attorney of record in this constitutional challenge.

We are a nation of laws and when our lawmakers refuse to follow our Constitution, then we the people must rise up and ask the courts to defend our Constitution.  It’s not "We the Legislators," it’s "We the People!"

Click here for audio of the press conference.