Speaker-Elect Hilbert’s Legislative Priority Personifies Everything Wrong With Oklahoma Government

According to the Oklahoma Voice this morning, our new House Speaker-Elect, Kyle Hilbert has declared;

“In this upcoming session, if we pass two bills, a state budget and a bill reducing the usage of cellphones in public schools, it will be one of the most substantial legislative sessions that I’ve experienced.” 

Full stop.

During the fight to repeal Common Core from state law and remove it from Oklahoma classrooms, the talking points invariably used by legislators to stiff-arm our pleas included “we don’t like education mandates” and “we’re a local control state”. No joke. But then, during those years, one history teacher-turned legislator told me that Oklahomans send legislators to the capitol to “write bills”.

What The Bill Says

Here is the cell phone bill, created by Senate Education Committee Vice-Chair, Ally Seifried; SB139.

According to the press release sent out by Senate Media, the bill, “empower[s] schools to adopt ‘bell to bell’ cell phone policies”, yet the bill summary says, “An Act relating to schools; requiring school district boards of education to adopt a policy prohibiting use of cell phones while on campus during certain time period”. Requiring and ’empowering’ do not have the same meaning – the first includes force.

In fact, the bill goes on to say that it will require schools to set discipline policies for students who break the school’s required policy on cell phone use (the force part). It also allots up to 2 million taxpayer dollars (“if available”, whatever that means) to be granted to middle and high schools so they can buy something to STORE cell phones during the day.

Problems With The Bill

1. What is the point of a school board? According to state law, individual local school boards have the right and ability to set policy – including policy over cell phones. This bill actively usurps local school board authority. On one hand, we expect parents to execute control over their minor children, yet so much of what the state does actually removes parental executive control in favor of a government policy, rule or law. How can a parent execute parental control if we keep removing their executive function?
2. This is NEW LAW. How many laws do Oklahomans need to restrain them – or, in this case, their children? What about schools? Could an argument be made that part of the reason public schools in Oklahoma are failing is that they are constrained by state laws that may not have been needed at the local level?
3. This law forces schools to create disciplinary actions to be meted out when students break cell phone policy. What happens if a school DOESN’T create a cell phone policy? What happens if they don’t create a discipline policy? How many times has state law required schools to create a policy, but then never forced the school to write the policy when they don’t? Tulsa attorney Maria Seidler has told us numerous times, for example, that public schools don’t adhere to all of Oklahoma’s Parental Rights law, but there isn’t an enforcement mechanism in the law to make them, forcing parents to use their own money to sue schools while schools use taxpayer dollars to fight them. How many times has the state forced schools to follow the policies they DO create – about bathrooms, free speech, bullying, or student safety, for example? This law, then, would be meaningless, just like so many others our legislature creates, because there isn’t a mechanism of enforcement.
4. Schools can apply for a grant to create a place/places for student cell phones to be kept. Two million dollars will be pulled from taxpayer pockets to supply grant ‘winners’. Is there a reason cell phones can’t be turned off as students come into class, dropped into a basket on the teacher’s desk and collected before they leave the classroom? Two million dollars is needed for that?

What Our Constitution Guarantees

The Oklahoma Constitution says the following in Section 2-1: Political power – Purpose of government – Alteration or reformation:

---

All political power is inherent in the people; and government is instituted for their protection, security, and benefit, and to promote their general welfare; and they have the right to alter or reform the same whenever the public good may require it: Provided, such change be not repugnant to the Constitution of the United States.

---

How does any of the nonsense written in our Speaker-Elect’s priority bill match with the wording of our state Constitution?

In fact,

1. It usurps local control of government – which removes the security citizens should have in control of their government and removes any benefit to them by taking the issue out of their hands.
2. It creates a NEW law, removing power from the people and giving it to government. The more laws government creates, the more individual liberty is constrained and the less benefit or security ‘the people’ receive.
3. This law is meaningless because it accomplishes nothing. Meaningless laws cause ‘the people’ to suffer. Even if prohibitions were added to the bill that FORCED schools to create policy on this issue, it would do little more than once again remove the power from “the people”/parents to deal with the issue and give it to government.
4. Taking MORE dollars from taxpayers to buy unnecessary items is burdensome to the liberty of ‘the people’. The economy is hard. Parents need to KEEP THEIR OWN MONEY and decide how to spend it. Interestingly, if parents choose not to pay their taxes so they won’t be used for government frivolity, government will fine them or send them to prison. THAT is how out-of-whack our government is compared to what our Constitution says our government must do or be.

What The Legislature MUST Prioritize Instead

The legislature MUST:

1. Prohibit PRIVATE BUSINESSES from receiving public funds to do business in the state; ie – remove ALL tax credits and incentives for private business. This would restore free enterprise and a fair economy, creating a benefit for all citizens and security of an even playing field for those who own their own businesses. As example; we spent at least one million taxpayer dollars on a fledgling electric car maker that has never lived up to its promises.
2. Prohibit taxation of property and income (which is also property). Our state constitution says in Section 2-2 on Inherent Rights; “All persons have the inherent right to life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry“. The bolded terminology refers to property and income. The taxation of such flies in the face of our Constitution’s requirement for the government to provide us protection, security and benefit. The legislature should write a state question to enable the people to change the Constitution to prevent the use of property taxation and start to phase out income tax ASAP (see Rep. Jay Steagall).
3. Prohibit eminent domain for turnpikes, solar installations, wind turbines or any desire of PRIVATE INDUSTRY to conduct business in our state. Taking the property of ‘the people’ should only be done in VERY DIRE need that would benefit ‘the people’. A private wind turbine company – Invenergy – shouldn’t be able to take property from Oklahoma citizens to create an electric transmission corridor that would allow them to ship Oklahoma wind energy to out of state customers.
4. Stop giving money to public schools that do not educate children. We are 49th in education and most children in the state aren’t proficient in either reading or math. Uneducated students remove our security and provide little benefit to the state or it’s citizens and taking tax dollars from citizens to support failure removes their security. Public schools often have multi-million dollar sports stadiums full of high school kids who can’t count back change. Stop allowing taxpayers to be robbed for failure.

What “The People” Must Do

1. Contact your legislator. Remind them of the guarantees our State Constitution provides Oklahoma citizens. When legislation is promoted that does NOT agree with these guarantees, immediately call and/or email and explain why the bill must be voted down.
2. Until we Oklahomans understand the function of our state government, we can’t educate our elected officials. At least read the Bill of Rights of our Constitution. Then, educate those around you including your legislators. It’s the only way to put government back in the hands of ‘the people’ and out of those who think only of lobbyists, public school bullies and elevating their power quotient for another job in government when they’re through at the legislature.
3. Track legislation through the legislative website and/or Legiscan and/or follow OKHPR, OK2A, Save Oklahoma Farms And Ranches and ROPE, in order to know what laws are being introduced during the session and how they affect you.