They voted to make it easier to raise your taxes. Vote accordingly.

In 1992, Oklahoma voters revolted against higher taxes and passed State Question 640, a constitutional amendment that attacked the ease with which tax increases had historically been passed. SQ640 required revenue-raising measures to either be passed by a majority vote of the people (50%+1) or a 75% vote in both houses of the Legislature, rather than a simple legislative majority as had been the practice.

Big government advocates and tax hogs have complained about it ever since.

As legislative Republicans began abandoning their conservative principles over the past few years in the face of tough fiscal choices, they increasingly started to talk about gutting SQ640 and lowering the standard for revenue-raising measures.

Until this past year, no outright tax increase had achieved that 75% hurdle, although hundreds of millions of dollars in taxes had been raised through other means (votes of the people, fees, and other loopholes). To be fair, few outright tax increases had been attempted. Nevertheless, the 75% hurdle did not prove to be "impossible" as tax fans had decried.

At the beginning of the 2018 legislative session, efforts began in earnest to actually reduce the revenue-raising threshold and gut SQ640's constitutional language. House leadership filed a measure (HJR1032) to drop the threshold to 3/5ths (60%), and then a new measure (HJR 1050) to change it to 2/3rds was brought to the floor.

All of this continued to ignore the fact that a statewide vote of the people only requires a bare majority of 50%+1 vote. Legislators continue to fear placing tax increase measures before the voters, counting instead on short memories to cover up their legislative voting records.

HJR 1050 made it to a vote. An amendment was submitted to reduce the tax-hike vote threshold from the proposed 2/3rds back down to 60% (like HJR 1032). That amendment failed, although a shameful 39 Republicans voted for it. The next vote saw 44 Republicans join 7 Democrats in passing the bill.

That brings us to this election. Three Republicans on the ballot for statewide office voted to gut SQ640 and make it easier for the Legislature to raise your taxes.

State Reps. Randy McDaniel, Glen Mulready, and Leslie Osborn all voted to change the tax-raising requirement from 3/4ths to 2/3rds. Glen Mulready voted to move it even lower to 3/5ths (McDaniel voted against, Osborn skipped the vote but in all likelihood would have voted yes).

McDaniel is running for State Treasurer. He is facing off against a lone Independent candidate, Charles De Coune.

Mulready is running for Insurance Commissioner. He is facing a Democrat, Kimberly Fobbs.

Osborn is running for Labor Commissioner. She is facing Democrat Fred Dorrell and Independent Brandt Dismukes.

After the House passed HJR 1050, current Insurance Commissioner John Doak slammed the Republicans who voted to gut SQ640, saying that it was "hard to believe this vote has happened in Oklahoma", and "our party needs to govern by continuing to increase efficiency and effectiveness of limited government and lowering taxes not making it easier to raise by lowering the threshold of votes needed." Several county Republican parties (including Muskogee County) passed resolutions opposing the effort to make it easier to raise taxes, as did other conservative organizations.

This betrayal of the Oklahoma taxpayer should not be rewarded by promoting these individuals to higher office. McDaniel and Mulready are cordial and well-meaning, and generally conservative, but legislative votes have consequences. This was a major transgression. Osborn has many flaws, including her targeting of conservatives and endorsement by the AFL-CIO, and this is just one more to add to the pile.

None of these three Republicans will be getting my vote this election. I haven't completely decided whether I'll simply not cast a vote in their races, or if I will vote for their opposition, but I absolutely will not lend them my vote. That's no loss to them, as I'm sure they'll all three win by large margins, but principles matter, and betrayal of principles also matters.

Remember this at your ballot box and vote accordingly.

On a side note, at least 16 of the other Republicans who voted against the Oklahoma taxpayer are on the ballot for re-election. Check the betrayal list here.

Oklahoma Taxpayers Unite: "Game on!"

TAXPAYERS RESPOND: GAME ON!

Oklahoma Taxpayers Unite! is dismayed, but not surprised by yesterday’s State Senate vote to pass HB1010XX. We will respond!

In an era of big spending, big government, big egos and big lies, the passage of HB1010XX is a shameful slap in the face of Taxpayers and for many, a betrayal of their word of honor when they signed pledges NOT to raise taxes. Untrustworthy oath-breakers lead our state.

For eight years, Governor Fallin and the GOP have had super majorities in the both the state Senate and House. They’ve squandered their opportunity to make structural reforms and institute real fiscal responsibility in state government. Now we’ve been subjected to the obscene applause and joy as they celebrated their abject failure of leadership while violating the very principles of their own Oklahoma GOP Platform.

Governor Fallin and the legislative leaders who pushed this are an embarrassment to their party, bring national shame to our state, and have betrayed Taxpayers who elected them. State Question 640 specifically mandates that ALL new tax increases be sent to the Taxpayers for a vote. The 75% supermajority vote of both Houses was meant to be used only for a real emergency, which this is not. Numerous proposals have shown how the teachers can get a pay raise without raising taxes.

Wasting no time, Governor Fallin says she will sign the bill today by hosting a "signing party." She has pushed tax increase on the citizens of Oklahoma for years, while promoting and maneuvering agency bureaucrats who have overseen “accounting tricks” that hid millions of dollars and covered up corruption and mismanagement. Taxpayers across the state believe that’s the real reason she wants tax increases. More fraud exists, as evidenced by today’s local paper.

ENOUGH IS ENOUGH!

Oklahoma Taxpayers Unite! supports the courageous legislators who have been fighting against tax increases and calling for enacting fiscal reforms and oversight rather than raise taxes. Our coalition is here to support them and recruit candidates to run against all the tax hogs at the legislature. We will also soon start a petition drive for a VETO REFERENDUM to overturn HB1010XX, as well as any other measures to levy more burden on beleaguered Oklahoma Taxpayers.

We remind the marble oligarch crowd that WE THE PEOPLE are their employers, not the Political Class. Taxpayers will not take this abuse lying down. Fish rot from the head. Governor Fallin is an oath-breaker who violated her own taxpayer protection pledge, which she signed May 2010.

The 2018 Oklahoma TAXPAYER PROTECTION PLEDGE BREAKERS are as follows: Governor Mary Fallin, Representatives Josh Cockroft, Randy McDaniel, Charles Ortega, Leslie Osborn, Dustin Roberts, Mike Sanders, Earl Sears, Chris Kannady, Michael Rogers, Scooter Park, Dennis Casey, Senators Kim David, OKC Mayor-Elect David Holt, and AJ Griffin. But almost all state legislators campaign on a low-tax platform.

Taxpayers were insulted and horrified to watch both chambers pass the largest tax hike in history and immediately congratulate each other with hugs and high fives. This is not a time to celebrate, friends. The taxpayers of Oklahoma are prepared to crash your party.

The VETO REFERENDUM is the state constitution’s solution for runaway government. The people will have their voice. Taxpayers demand that we use State Question 640 as it was intended. Let the people decide.

Learn more about Oklahoma Taxpayers Unite! by visiting their website at OklahomaTaxpayersUnite.com. Follow the movement on Facebook and Twitter.

Coburn headlining 'Oklahoma Taxpayers Unite!' presser tomorrow

Senator Tom Coburn to headline announcement 
of OKLAHOMA TAXPAYERS UNITE!

Where: STATE CAPITOL BUILDING PRESS ROOM
What: PRESS CONFERENCE
When: 1 pm, Wednesday March 28, 2018

Fiscal hawk and Taxpayers’ friend, Senator Tom Coburn, will announce the formation of a new Taxpayers’ coalition to take the fight to the legislative tax hogs, oath breakers and Political Class.

Oklahoma Taxpayers are fed up with legislative leadership that seeks first to raise taxes and refuses to make the structural, transformational reforms that fiscal responsibility requires. With HB1010XX, passed under duress and rules suspension March 26, the majority of the House of Representatives has chosen the path of more taxation instead of reform.

Oklahoma Taxpayers Unite! is a coalition of Oklahoma Taxpayers -- civic leaders, concerned citizens, grassroots activists, and party leaders, working together, demanding constitutional, ethical, transparent, and fiscally responsible governance for the Oklahoma Taxpayers. Reminiscent of the group known as “Stop New Taxes” which almost repealed HB 1017 28 years ago with a referendum petition, and then Oklahoma Taxpayers’ Union, which successfully passed SQ 640, the new coalition reflects the disgust and anger with a Governor and legislature that has refused to lead, opting for new taxes instead.

Of the 79 House members who voted for new taxes, 11 of them previously signed a pledge for their entire term of office with Americans for Tax Reform, “to oppose [and vote against] any efforts to increase taxes.” Apparently, their word means nothing. Two of the oath-breakers are running for higher office in 2018. Seven members of the Senate signed the same pledge.

Oklahoma Taxpayers Unite! will offer its 7-point Taxpayers Platform for all incumbents and candidates to pledge to on their Word of Honor.

For further information, please contact Brooke McGowan at 704-526-9494 or Porter Davis at 405-343-0239.

Gubernatorial candidates respond to bill lowering SQ640 threshold

Following the House passage of HJR 1050 yesterday, I reached out to all of the Republican, Democratic, and Libertarian gubernatorial candidates for their comments on the topic of SQ 640 and changing the legislative vote threshold for raising taxes.

Here are their responses, in order of when I received them.

1) What is your position on Article 5, Section 33 of the Oklahoma Constitution (aka SQ640)? 

(200 words or less)

Dan Fisher (R): I am a strong supporter of SQ640 and I will work to defeat any attempt to change it. I intend to make my voice loud and clear on this. SQ640 made it clear, the people want there to be a high threshold for their taxes to be raised. I stand with the people.
Todd Lamb (R): I support SQ 640.
Chris Powell (L): The people of Oklahoma passed SQ 640 because of their experience with state government and their desire to keep that state government in check.  Considering that our current state government is viewed even more negatively than it was at the time SQ 640 was passed, it seems counterintuitive to consider increasing it's power.  Further, it is a guarantee that if revenue is increased it will remove any incentive to reform spending and reduce waste, corruption, and crony capitalism.
Rex Lawhorn (L): SQ 640 was a result of the legislature doing just as the current legislature is attempting, and that's governing against the will of the people. It was a stern message passed by the citizens of Oklahoma to take back control over the legislative process in regards to law that most affects every Oklahoman, and that is their right to keep the fruits of their labor. If we are going to permit legislators to have any control over our lives, it should be with great restraint and complete transparency, and SQ 640 returned that control. It should never be easy to take away the rights from our citizens.
Connie Johnson (D): I support changing the threshold required to raise taxes and encourage the Legislature to give consideration to requiring the same threshold to lower taxes. In both instances, Oklahomans are ready to address the reality of and need for solutions to our state operating at a budget that is 15% of what it was in 2007, with 165,000 more people. Sending SQ 640 back to a vote of the people is one of several potential existing revenue streams. I challenge the Legislature to have the courage to immediately begin to factor in the fiscal impact of cannabis, wind and solar as new, renewable and sustainable revenue streams.
Gary Jones (R): I have said before I would not change the 3/4 requirement.
Gary Richardson (R): The people voted for SQ 640 in 1992 to essentially force any new tax increase to the vote of the people and it is working exactly as the voters intended. Without SQ 640, we probably never would’ve uncovered all the waste and corruption that has come to light at the Health, Tourism and Ag departments.
Kevin Stitt (R): [emailed saying they would respond, did not get back with me by publishing time] Stitt responded late with this: I’m not interested in changing the constitution. It should be hard to raise taxes; it shouldn’t be this hard to govern. I am running for governor because state government is fundamentally broken, and the answer to our crisis is new leadership and fresh vision.
Mick Cornett (R): NO RESPONSE
Drew Edmondson (D): NO RESPONSE
Joseph Maldonado (L):  NO RESPONSE

2) Do you support changing the threshold, and if so to what level? 

(100 words or less)

Dan Fisher (R): Emphatically NO!
Todd Lamb (R): I do not support lowering the threshold for SQ 640.
Chris Powell (L): I do not support reducing the 3/4ths threshold for the Legislature to raise taxes and if the issue is put on the ballot I will vote against it and campaign against it.
Rex Lawhorn (L): No, I do not support any change in the threshold. The government rules by the consent of the governed, and if the people want that threshold changed, they will propose and pass another State Question. Until that time arrives, the government should act within the constraints placed upon it by the people.
Connie Johnson (D): [no response to this question, but in #1 indicated she would change the threshold]
Gary Jones (R): [no specific response to this question, but in #1 said he would not change it]
Gary Richardson (R): No.
Kevin Stitt (R): [emailed saying they would respond, did not get back with me by publishing time]
Mick Cornett (R): NO RESPONSE
Drew Edmondson (D): NO RESPONSE
Joseph Maldonado (L):  NO RESPONSE

3) If HJR1050 makes it onto the ballot as written, will you vote for it, or against it? 

(10 words or less)

Dan Fisher (R): Against it.
Todd Lamb (R): I would vote against it in its present form.
Chris Powell (L): Against it.
Rex Lawhorn (L): Against. I will actively campaign against it, as well.
Connie Johnson (D): [no response to this question, but in #1 indicated she would change the threshold]
Gary Jones (R): [no specific response to this question, but in #1 said he would not change it]
Gary Richardson (R): I will vote against it.
Kevin Stitt (R): [emailed saying they would respond, did not get back with me by publishing time]
Mick Cornett (R): NO RESPONSE
Drew Edmondson (D): NO RESPONSE
Joseph Maldonado (L):  NO RESPONSE

John Doak slams vote to weaken SQ640

In a post on Facebook, Insurance Commissioner John Doak slammed the State House GOP for voting to pass HJR 1050, which would weaken the Constitutional language put in place by SQ640 and make it easier for the Legislature to raise taxes without a vote of the people.

Doak wrote, Hard to believe this vote has happened in Oklahoma, I understand that Republicans have arrived at the flawed conclusion that this will ease the power of the Democrats, just wait till the Democrats take back the house with votes like this in my opinion. This has just paved the way for higher taxes in Oklahoma. (Republicans who think a majority is here to stay need to think again, our party needs to remain true to our principles) Our party is not the party of bigger state Government and raising taxes! This vote I fear will have significant political consequences. This is my personal opinion! Our party needs to govern by continuing to increase efficiency and effectiveness of limited Government and lowering taxes not making it easier to raise by lowering the threshold of votes needed. 

There is a war on for the heart and soul of the Oklahoma Republican Party, and John Doak is on the right side.

The New OKGOP: 44 GOP Reps vote to make it easier to raise taxes

Welcome to the new Oklahoma Republican Party. Today, 44 GOP State Representatives voted to make it easier for the Legislature to raise your taxes.

Below are the Republicans who voted to pass HJR 1050 this afternoon. HJR 1050 lowers the 3/4ths (75%) threshold for legislative approval of revenue raising measures put in place by SQ640 down to 2/3rds (66.7%). 39 of them also voted against tabling an amendment which would have gutted SQ640 even more by making the threshold 3/5ths (60%). The measure squeaked by on a 51-41 vote, and now heads to the State Senate. If passed there, it will become a State Question for a statewide vote.

Remember these names. Every last one of them, if running for reelection, should receive a primary challenger and be voted out of office. Three of them are running for statewide office this year; Randy McDaniel for State Treasurer, Glen Mulready for Insurance Commissioner, and Leslie Osborn for Labor Commissioner.

In addition to these Republicans, 7 Democrats voted for the measure to weaken the taxpayer protections put into the Constitution by SQ640: Meloyde Blancett (Dist. 78), Ed Cannaday (Dist. 15), Donnie Condit (Dist. 17), Mickey Dollens (Dist. 93), Jason Dunnington (Dist. 88), Jacob Rosecrants (Dist. 46), and Collin Walke (Dist. 87).

In stark contrast, below are the taxpayer heroes who voted against this atrocious bill. These members should be thanked for their stand. 24 are Republicans, while 17 are Democrats.

Of the Muskogee-area representatives, only Reps. George Faught (R, Dist. 14) and Matt Meredith (D, Dist. 4) voted to protect taxpayers. Reps. Ed Cannaday (D, Dist. 15), Scott Fetgatter (R, Dist. 16), Avery Frix (R, Dist. 13) voted to make it easier to raise taxes on Oklahomans. Rep. Kevin McDugle (R, Dist. 12) did not vote.

I have asked all of the candidates for Governor for their comments on HJR 1050 and SQ640 in general, and will post their responses tomorrow morning.

Real Republicans have a lot of work ahead of them for the June primaries.

OKPolitechs: What’s the point in voting for Republicans?

‘Do you prefer tax-and-spend liberals, tax-and-spend conservatives, or tax-and-spend moderates?’

From Charles Phipps over at OK Politechs:

What’s the point in voting for Republicans to run the Oklahoma government? If you’d told me a few years ago that the GOP controlled legislature would have a ‘meh’ attitude about out-of-control spending in our state agencies, I would have said you were crazy. If you’d told me a few years ago that our Republican governor would be calling for massive tax increases, I would have said you were crazy. If you’d told me a few years ago that the GOP controlled legislature would be scheming to pass tax increases at the beginning of the legislative session, I would have said you were crazy.

But here we are, on opening day of the 2018 legislative session, and the Republicans are planning to bring a “quick vote” on tax increases. Of course they want a quick vote before their constituents get wind of what they’re up to and jam the capital phone banks with phone calls to stop it.
[...]
Please explain to me why I should continue to vote Republican.

When the Republican-controlled legislature has no interest in controlling wasteful and outrageous spending, it’s time for them to go. When they fight for more than a year to raise our taxes, it’s time for them to go. When they plot, scheme and complain about State Question 640, requiring a three-fourths vote to increase taxes, it’s time for them to go. When their one and only plan to ‘fix’ the budget is to pass $800 million in more taxes, it’s time for them to go.

Read the rest of his great post here.

Choctaw County GOP passes resolution opposing attacks on SQ640

"The Choctaw County GOP stands with the Muskogee GOP by issuing this Statement Opposing Any Weakening by the Oklahoma Legislature of Taxpayer Protections in Article V, Section 33 of the Oklahoma Constitution. Further, we encourage other Republican Party County Committees to do the same." - Carol Bone, Chairman, February 2nd, 2018

The Choctaw County Republican Party County Committee opposes any attempt by any means to weaken the taxpayer protections found in Article V, Section 33 of the Oklahoma Constitution.

As you know, SQ640 was approved by a vote of the people and requires that any revenue increases, whether through raising taxes, removing exemptions, or increasing fees be approved by the majority of voters in a general election, or by a 75% vote of the state House and Senate.

SQ640 gives the voters the responsibility to decide the issue if the legislature or the governor believe they have compelling reasons to increase taxes, and are unable to achieve the required 75% threshold in both house and senate!

Candidates who want our support must acknowledge the voters’ proper place in deciding revenue increase proposals, and those candidates should pledge to uphold and strengthen rather than weaken the taxpayer protections found in Article V, Section 33 of the Oklahoma Constitution.

We expect and insist that the legislature regard the law rather than seek to weaken the taxpayer protections implemented by SQ640.

The County Chairman will distribute copies of this resolution to the county email list, to the Republican legislators representing portions of Choctaw County, the Oklahoma Republican Party Chairman, the Oklahoma House Speaker, the Oklahoma Senate President, and the Governor of Oklahoma.

Hot Seat: AFP's Tidwell and Rep. Wright on repealing SQ640

John Tidwell, Oklahoma Director for Americans For Prosperity, recently went on News9's Hot Seat with Scott Mitchell to discuss moves in the Legislature to repeal SQ640 and lower the threshold for raising taxes, and why and what AFP-OK will do to oppose those efforts:

(if the Tidwell interview does not play, you can view it here)

Last week, State Rep. Harold Wright, the author of the measure to reduce taxpayer protections, also appeared on Hot Seat to discuss the topic:

(if the Wright interview does not play, you can view it here)

Muskogee GOP makes statement against weakening SQ640 protections

Last Friday, the Muskogee County Republican Party's County Committee passed the following resolution in response to calls to reduce taxpayer protections put in the Oklahoma Constitution by SQ640:

We, the members of the Muskogee County Republican Party’s County Committee, strongly oppose any proposed weakening of the Oklahoma Constitution’s taxpayer protections found in Article V, Section 33. Revenue increases through raising taxes, removing exemptions, or increasing fees, ought to be approved by the majority of voters in a general election, or by a 75% vote of each of the two chambers of the Oklahoma Legislature. Our state constitution works best when the legislature partners with the voters in this manner.

Rather than seeking to loosen the taxpayer protections implemented by SQ640, we demand that the legislature trust the voters to make wise revenue decisions in the event that the legislature or governor believe they have compelling reasons to increase taxes and are unable to achieve the required 75% threshold in legislative voting.

We will only support candidates who respect the voters’ proper place in deciding revenue increase proposals and who will seek to uphold or strengthen the taxpayer protections found in Article V, Section 33 of the Oklahoma Constitution, not weaken them by lowering the standards entailed therein. We believe that the constitutional language intended for the voters to generally be a part of that process.

We direct the County chairman to distribute copies of this resolution on the MCRP’s social media, email list, and also to the Republican legislators representing portions of Muskogee County, the Oklahoma Republican Party chairman, the Oklahoma House Speaker, the Oklahoma Senate President, and the Governor of Oklahoma.

Yes, let's move state taxation to the school bond process

Yesterday, State Rep. Harold Wright (R-Weatherford), the number two Republican in the State House, announced that he was filing a bill to call a state question that would amend the Constitution to lower the legislative revenue-raising threshold from 75% to 60%.

His argument is that this would be in line with the 60% requirement in school bond issues: "This is why I am proposing legislation that would put to a vote a change in the revenue-raising requirement in the constitution that would lower the requirement to 60 percent, the same as a school bond issue. Many agree that this would be a fair compromise and still make it difficult to raise revenue."

I would fully support changing legislative tax raising abilities in line with the school bond process. Let's compare how taxes can currently be raised in Oklahoma:

Taxation at the state level:

• The legislature can raise taxes only with 3/4ths vote in favor
• The legislature can send taxes hikes to a vote of the people, where it passes with majority vote (50%+1)
• Taxes can be raised with majority vote (50%+1) via initiative petition

County sales taxes:

• Cannot be raised by the county commissioners
• Must go to a vote of the people
• Can pass with a majority vote (50%+1)

For school bond elections:

• School districts cannot raise tax rates
• Bond increases or renewals go to a vote of the people
• School bonds require a 60% vote in favor

I appreciate Rep. Wright's suggestion that we change how the legislature can tax to the process school bonds go through. 

If we did that, the Legislature would be unable to raise any taxes, would be required to bring tax increases to a vote of the people, and such ballot measures would necessitate 60% affirmative vote for passage.

Count me on board with that.

House Leadership files bill to lower tax-hike threshold

And so it begins.

Wright Seeks to Lower Revenue-Raising Threshold Created by SQ640

OKLAHOMA CITY – House Speaker Pro Tempore Harold Wright, R-Weatherford, has authored legislation to direct the Oklahoma Secretary of State to refer to the people an amendment to Section 33 of Article V of the Constitution of the State of Oklahoma.

House Joint Resolution 1032 looks to amend the state’s constitutional requirement for the number of votes needed in the Legislature to pass revenue raising legislation. Currently, due to the passage of State Question 640, which was passed in March of 1992, revenue-raising legislation requires a three-fourths vote of both the Oklahoma House of Representatives and Senate.

Wright’s legislation would change the requirement to pass revenue-raising measures to three-fifths of the Legislature.

“This has been the most difficult legislative year since I was elected,” Wright said. “Partly because of two special extraordinary sessions but also because it has been impossible to pass necessary revenue measures to provide for adequate core services in Oklahoma: roads and bridges, public safety, education, public health and corrections.

“This is why I am proposing legislation that would put to a vote a change in the revenue-raising requirement in the constitution that would lower the requirement to 60 percent, the same as a school bond issue. Many agree that this would be a fair compromise and still make it difficult to raise revenue. There will be opposition to this measure, but I hope you will support the change in order to make your state government more effective.”

Wright represents House District 57, which is comprised of Beckham, Blaine, Caddo, Canadian and Custer Counties.

Small: SQ 640 protects taxpayers

SQ 640 protects taxpayers

by OCPA President Jonathan Small

If you want to regulate speech, you belittle the First Amendment. If you want to confiscate guns, you vilify the Second Amendment.

In Oklahoma, if you want to reach into taxpayers’ wallets for more cash, you denounce the constitutional protections established by State Question 640, which was approved by voters in 1992.

In case some forgot, 640 is that annoying rule on revenue-raising measures. With it, voters took back some of their power. The measure first calls for Oklahoma voter approval on tax increases. Or, alternatively, the Legislature could pass tax increases with a supermajority of at least 75 percent in each chamber.

For working Oklahoma families, 640 offers some protection from the threat of constant tax increases. Before it passed, simple majorities easily raised taxes without concern for Oklahoma’s economy. For example, House Bill 1017 passed in 1990, which raised taxes by more than $200 million.

If history doesn’t necessarily repeat itself, it echoes. Look at where we are today. We have a downturn in Oklahoma’s oil and gas economy, and a state government frantically searching for more than $400 million to spend instead of making tough choices.

As you might expect, some lawmakers are now looking to wage war against 640. They claim it confines government by making any revenue-raising measures impossible to pass. But that’s not true.

In 2009, 2010, and 2011, legislators organized bipartisan supermajorities to pass bills that raised some $224 million in new annual state funds and $268 million in annual matching federal dollars. Press releases from the executive branch, Board of Equalization reports, and legislative budget summaries show that the 2015, 2016, and 2017 legislative sessions combined to annually increase revenue for appropriation by more than $500 million. Also, Oklahoma has raised personal income tax rates and cigarette taxes since 640 was adopted by voters.

So mostly during Republican majorities elected control, annually recurring revenues were raised more than $724.7 million.

Oklahoma is hurting because Oklahomans are hurting. When times are tough, state government must do everything possible to adjust spending to match income, just like the rest of us. When we easily give government more money, it finds a way to quickly spend it. Then, it returns next year asking for more.

Oklahoma taxpayers are grateful to have 640 in the books. Lawmakers should respect taxpayers instead of waging war against 640.

Jonathan Small serves as president of the Oklahoma Council of Public Affairs (www.ocpathink.org).

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.

Sine Die: Legislature passes budget, new taxes, adjourns

"There is nothing that will upset a state economic condition like a legislature. It's better to have termites in your house than the legislature [in session]."

"The only difference between death and taxes is that death doesn't get worse every time Congress meets."

"Never blame a legislative body for not doing something. When they do nothing, they don't hurt anybody. When they do something is when they become dangerous."

The above quotes from Will Rogers, Oklahoma's favorite son, come to mind when thinking about the potential from the 2017 legislative session that adjourned sine die today.

The House passed the $6.8B FY2018 budget by a vote of 57-42, with 16 House Republicans (mostly from the conservative wing) and all 26 Democrats voted against it. The Senate had previously passed the appropriations bill on Wednesday. Shortly after that vote, the House narrowly passed a $257M cigarette tax smoking cessation fee 51-43. 18 Republicans and 25 Democrats opposed that measure, which I believe fails to meet constitutional muster.

On the Senate side, they passed a $123M tax hike on vehicle sales, which also likely fails the constitutionality test. 14 Republicans and 4 Democrats voted against that bill, which passed 25-18.

Conservative think-tank OCPA had fairly positive comments about the end of session, noting that "the Legislature deserves credit for passing a budget that minimizes damaging tax increases on Oklahomans compared to what was called for at the start of session."

Governor Mary Fallin kicked off the year with proposals to raise a variety of taxes by nearly 2.6 billion dollars. While she did get her cigarette tax smoking cessation fee increase of $257M, she didn't get her $635M fuel tax increase, or her $1.7B sales tax hike. That is a positive that we can take from this session.

However, a real and very dangerous question must be answered by the Oklahoma Supreme Court. The Legislature very clearly and brazenly defied Article 5, Section 33 of the Oklahoma Constitution, which states that "No revenue bill shall be passed during the five last days of the session," as well as "Any revenue bill originating in the House of Representatives may become law without being submitted to a vote of the people of the state if such bill receives the approval of three-fourths (3/4) of the membership of the House of Representatives and three-fourths (3/4) of the membership of the Senate and is submitted to the Governor for appropriate action." The aforementioned tax/fee hikes were passed within that 5-day window and without 3/4ths approval, clearly breaking the spirit and letter of the law, which is in the State Constitution by virtue of the Oklahoma voters passing State Question 640 in 1992 in response to the Legislature passing tax increases.

If the courts do not clearly respond to this action, future legislatures will be able to raise revenue at any time and in any manner with complete impunity.

Three takeaways:

1. It was not a good legislative session. There were difficulties resolved in poor ways.
2. It could have been much worse. Even greater damage was averted.
3. It could be much worse in the future if Article 5 Section 33 of the Oklahoma Constitution is not properly enforced.

Session ends today; votes on cigarette "fee", vehicle sales tax, state budget

As the Oklahoma Legislature prepares to adjourn sine die by 5:00pm, there is still unfinished business to vote on. The House will take up the $6.8B FY2018 budget, as well as the $257M cigarette tax "smoking cessation" fee.

According to Article 5, Section 33 of the Oklahoma Constitution, passing measures that raise revenue is clearly unconstitutional, per passage of State Question 640 by Oklahoma voters in 1992. Legislative leadership thinks they can get around that ban by calling the cigarette tax (and other measures) a fee instead. That is simply wrong, and the Oklahoma Supreme Court will likely get a chance to weigh in on the matter.

Whether it's a tax or a fee, it has the same effect on whomever pays it: more money is taken from their wallet by the government. Whether it's a tax or a fee, it has the same effect on state government: more money is taken from citizens and placed in state coffers.

The State Senate will be taking up HB2433, which raises $123M by charging a 1.5% sales tax on the sale of vehicles. This measure passed the House 52-47 on Wednesday.

Oklahoma voters clearly spoke in 1992 that they don't want new revenue, be it taxes or fees, passed in the final week of the legislative session, or passed with less than 3/4ths of the Legislature voting in favor. Further, Oklahoma voters clearly spoke just six months ago by shooting down a $615M tax increase that would have been dedicated to education, which most voters consider to be the top state funding priority.

The Oklahoma Legislature should honor and uphold the letter and spirit of the people's will, and not increase taxes, or fees (as the late Labor Commissioner Mark Costello said, "A fee is nothing more than a tax by another name").

House JCAB passes $381M in "new revenue"

The House Joint Committee on Appropriations and Budget met late this evening and, among other measures, passed two bills that raised over $381,000,000 in new revenue.

SB845: Creates the “Smoking Cessation Act of 2017”. Bill proposes to assess a fee of $1.50 per pack of cigarettes to be paid by the wholesaler. Estimated Fiscal Impact: $257,841,000

HB2433: Bill proposes to amend the sales tax exemption for motor vehicles to provide that a portion of the state sales tax levy (1.25%) will apply to sales of motor vehicles. Estimated Fiscal Impact: $123,383,000

How this gets around the State Constitution Article 5, Section 33 (SQ640) is beyond me:

OCPA announces intent to file Supreme Court challenge of income tax increase

OCPA announces intent to file Supreme Court challenge of income tax increase

OKLAHOMA CITY (May 22, 2017) – Today, the Oklahoma House of Representatives passed House Bill 2403 by a vote of 56 to 40. The bill would restrict itemized deductions in order to increase personal income tax collections by more than $101 million annually.

Jonathan Small, president of the Oklahoma Council of Public Affairs, issued the following statement after today’s vote on HB 2403:

“House Bill 2403 is an unconstitutional tax hike on working Oklahoma families and senior citizens. Should House Bill 2403 become law, we intend to challenge its constitutionality at the Oklahoma Supreme Court as a violation of State Question 640.

“House Bill 2403 is designed to raise revenue for state government, but it passed the state House of Representatives with far less than a three-fourths vote. This makes it a blatant violation of Oklahoma’s Constitution, suggesting our state’s highest Court would strike it down.

“This bill is an income tax increase of over $101 million a year that targets Oklahomans who own a home with a mortgage, who pay property taxes that support local schools and other services, or who are being crushed by heavy medical bills.

“As part of the challenge we intend to file, we will likely also include Senate Bill 1606, which was a $97 million income tax increase that passed the state House last year with only 51 votes. In addition, we’ll likely include House Bill 2348, which passed the House earlier this session with only 51 votes and has already been signed into law.

“By capping the standard deduction, House Bill 2348 represents an income tax increase of more than $19 million annually, mostly on middle- and lower-income Oklahomans already struggling to make ends meet.

“After being hit in the early ‘90s with one of the largest tax increases in state history, Oklahoma voters rose up and amended our state’s Constitution with State Question 640.

“State Question 640 established strong protections for Oklahomans from being slammed with more tax increases in the future. Among these protections, it requires either a three-fourths supermajority vote in both legislative chambers, or a vote of the people, to adopt a tax increase.

“Here at OCPA, we’ve consistently offered hundreds and hundreds of millions of dollars’ worth of options for addressing the state’s budget shortfall and preserving core services without raising taxes on Oklahomans. We continue to stand with hard-working taxpayers in favor of efficient government services and in defense of the state Constitution.”

Link to the full text of State Question 640, passed in 1992 by Oklahoma voters on the statewide ballot: https://www.sos.ok.gov/documents/questions/640.pdf

OKGOP Chair Pam Pollard comments on budget negotiations

This afternoon, OKGOP Chair Pam Pollard posted her take on the state budget situation, as negotiations between Republican and Democratic leadership appear to have stalled once again, likely setting up a special session (either after the regular session ends next week, or concurrent with the current session). Here's what she said:

My take on the budget negotiations. Please note I am NOT a legislative or budget expert. I know what I see, I know what I hear and I know the "players."

My BIGGEST take away is that the 26 member Democrat Caucus, lead by candidate Scott Inman, has changed their position multiple times throughout this session and have now set their feet in stone to raise taxes on job creating businesses and Oklahoma taxpayers, keeping an increase in personal income taxes on the table.

Republicans are frustrated that they have no oversight over agencies' spending and while they want to CUT spending, they cannot control where the cuts will be applied. Republicans believe in living within your means, and if you don't have the money, then you cannot continue spending at the same rate.

This is where POLITICS enters.... and Oklahomans suffer.

The Governor is right. Many agencies have been cut to the core and cannot handle another across-the-board cut. Many Republican Legislators believe the most vulnerable citizens will suffer without targeted line item oversight.

POLITICS!!

I asked every lawmaker I could find, WHERE can the cuts be made? Like I said, I am not an expert, but I asked the questions many of you have asked me. Have we tried to cut first? What cuts were rejected? Is raising fees and taxes truly the only option?

The answer to my questions was an overwhelming sense of frustration knowing they have little control over the majority of state spending.

I witnessed meetings in offices, in hallways and in stairwells talking about how to manage spending! For that, I am proud of our Legislators!

The political game being played is very simple. Republicans want to make cuts. Republicans have recommended many cuts. Many cuts have already been made to businesses knowing that we the consumer will pay higher costs.

But we must understand we cannot balance the budget on spending cuts alone. We must have some revenue increases to have a sustainable budget.

The Republicans have the votes to make cuts as it only takes a simple majority. But because of SQ640 it takes 3/4 of the Legislature to pass any revenue increases. That means we need 76 votes. Republicans have 73 votes, Democrats 26, 2 seats are unfilled

The Democrat Leadership (candidate Scott Inman) is holding the entire budget process hostage by controlling his 26 members' votes unless we agree to their terms for an increase in revenue.

Yes you heard me, the Democrats who hold 26 out of 101 seats are holding the entire process up and forcing us into a special session unless they get their way. They've learned well from the national Democrat Party!!!!

To prove what I'm saying about the political games being played, please see the video below when last February Inman did a press conference demanding GPT be raised to 4%. That is exactly what Republicans are offering today!!!!

In the negotiations of the last few days candidate Scott Inman refuses to vote for the budget agreement unless there is an increase in the gross production tax to 5%. If we agree to 5% will he demand 6%?

Please see for yourself how candidate Inman and the Democrats have turned this into political gamesmanship and then call the Democrat leadership and demand they negotiate in good faith and end this budget crisis.



I hope our Legislators hold the line on a balance of what is best for Oklahoma children, families and yes, job creating businesses.

- Pam Pollard, Chairman OK Republican Party

The Conservative View: Word Games and Your Money

This week's Conservative View, by Adair County Commissioner and conservative activist Russell Turner (R-Stilwell).

The Conservative View
by Russell Turner

Word Games and Your Money

I have heard it said that nothing will get your attention faster than someone getting into your pocketbook. In the case of our state legislature, any time that they start funding more programs it is of special interest to me. Our citizens who are on the receiving end of those programs fail to understand that the money our legislators are spending can only come from one source, that source is the taxpayers of the state of Oklahoma. Several years ago the voters of Oklahoma voted yes on State Question 640, it was meant to slow down the ever increasing taxes that could be imposed upon the citizens of Oklahoma.

The Oklahoma Constitution states that revenue-raising measures cannot be passed in the final five days of the legislative session and that tax increases must receive three-fourths support in both the House and Senate or be sent to a vote of the people. Since the passage of SQ 640, the State Legislature has routinely passed user fees instead of taxes upon the citizens to supposedly get around SQ 640. In the final days of the last legislative session, HB 2347 was passed which would have levied a 1-percent tax on insurance payments, increasing the cost of health care for working families by $78 million per year. Fortunately the bill was challenged in court saying it was enacted unconstitutionally. House Bill 2437 was approved in the final week of session and did not receive the support of a supermajority in either chamber of the Legislature. The Supreme Court’s decision ruled that the provider fee is in fact a tax and issued an order blocking enforcement of the health care tax. State Rep. Mike Ritze, one of only two doctors serving in the Oklahoma Legislature, was quoted as saying, “House Bill 2437 would have added to the already heavy tax burden facing Oklahoma citizens, we need to reduce taxes on Oklahomans, not increase them, and calling a tax a ‘fee’ does not make it easier for the taxpayers.”

Anyone who tells you that getting involved in politics does no good needs to take a good look at the effects that SQ 640 had on our state. I, and people from all parts of the state, took of our time and carried petitions to get SQ 640 on the ballot in the first place; one percent doesn’t seem like much, but without SQ 640 Oklahomans would have had 78 million dollars less every year and that is one word game we all can understand. 

If you wish to contact Russell Turner, or want to subscribe to his email loop, email him at rdrepublican@windstream.net.