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Friday, May 30, 2008 UPDATE: First Amendment Think Tank Misreads Bill; Sends Out Erroneous Press Release
We have an update to a story we posted yesterday from The Center for Competitive Politics (CCP) which supposedly highlighted serious First Amendment concerns with H.B. 2196, the "Oklahoma Clean Campaigns Act of 2008. The group sent a letter to Governor Brad Henry yesterday expressing their Constitutional concerns with the pending legislation awaiting Henry's signature.
KTOK Capitol reporter Peter Ruddy provides us with a correction:
Thursday, May 29, 2008
As heard on KTOK radio, this group has it all wrong. They were looking at Senate amendments to the bill, not the enrolled version that is on the governor's desk. The House rejected those Senate amendments and sent the bill to a conference committee. In that committee, the bill was changed so that the only thing it deals with is contributions to lawmakers or canidates for the legislature by lobbyists during the session and five days afterwards. I talked with the spokesman for the Center for Competitive Politics and he was not aware the bill had been changed. You can see for yourself by going to http://webserver1.lsb.state.ok.u...tatus/ main.html and reading the nerolled version of the bill which is on the governor's desk. Or you can take the word of someone in Washington who puts out a press release. Labels: OK Legislature Posted at 5/30/2008 02:29:00 PM |![]() ![]() First Amendment Think Tank: "Oklahoma Clean Campaigns Act" Poses Serious First Amendment Concerns
Oklahoma Bloggers Beware!
The Center for Competitive Politics (CCP) highlighted serious First Amendment concerns in H.B. 2196, the "Oklahoma Clean Campaigns Act of 2008," in a letter the educational group sent today to Governor Brad Henry. The bill would make it a crime for any person to intentionally participate in the dissemination of false political advertising. The engrossed bill currently awaits the governor's signature or veto.
CCP is a nonpartisan, nonprofit organization that works to protect the First Amendment political rights of speech, assembly and petition. If enacted, the bill "would place a chill upon political speakers of all varieties and undermine the robust nature of political debate in Oklahoma," writes CCP president Sean Parnell in the letter to the governor. While truth in political speech is important, the specific provisions of the bill, "puts the government in the position of determining what constitutes 'truth' in an arena where what is 'truth' is itself often the focus of fierce debate," Parnell counsels.
The bill relies on a vague standard that "allows the State to determine the 'truth' of any communication that relates to the 'character, voting record or acts of the candidate,'" Parnell continues. "Statements about the 'character' of a candidate are more opinion than fact; they are characterizations. A governmental system that determines the 'truth' of a characterization, under penalty of law, is a standard so vague and overbroad that to enforce it would chill speech of every variety."
Parnell notes that in an opinion overturning a similarly crafted Washington state law last year the Washington State Supreme Court wrote, "the notion that the government, rather than the people, may be the final arbiter of truth in political debate is fundamentally at odds with the First Amendment."
"As the Supreme Court of Washington aptly put it, a provision like the Oklahoma proposal 'naively assumes that the government is capable of correctly and consistently negotiating the thin line between fact and opinion in political speech,'" Parnell concludes.
Thursday, May 22, 2008
Labels: OK Legislature Posted at 5/29/2008 04:03:00 PM |![]() ![]() Water Issues Set to Explode
Insiders are scratching their heads today wondering why a bill that would direct the water resources board to put Oklahoma’s water interests before Texas’ interests is stalled in the state senate.
House Bill 2238, by Rep. Colby Schwartz and Sen. Mike Johnson, calls for the Oklahoma Water Resources Board to consider water permit applications from Oklahomans before applications from other states like Texas.
The bill states in part that "In the granting of water rights for transportation of stream water for use outside the State, pending applications to use such water within the State shall first be considered in order to assure that applicants within the State shall have all of the water required to adequately supply their beneficial uses."
Our sources tell us that Senate Democrats would find it difficult to face the voters this fall if they were to vote against such a measure, so they are working to keep the bill from coming to the floor altogether, a sort of reverse “wooly booger.” Even more curious, reports are that lobbyists retained by Texas interests are not involved in the bill slowdown, since that would undermine their assertion that Texas only wants the water Oklahoma does not use.
One person knowledgeable about the intrigue points the finger of blame squarely at the Senate Democrats. “While it would seem that most Oklahomans would prefer to see Oklahoma's natural resources utilized first by Oklahomans, that's not the case with the Senate Democrats. There’s a line they’re feeding people that it might hurt the state's defense of the lawsuit filed by Tarrant Regional Water District against Oklahoma's moratorium on-out-of state water transfers. That’s non-sense. If Texans end up getting Oklahoma's water and Oklahomans start rationing water, you'll know who to blame,” he says.
The House is scheduled to consider the bill on Thursday. Once through the House the bill will be in the Senate's hands for a vote before they adjourn on Friday. Our sources tell OKPNS that Democrats are counting on the bill getting lost in the last minute crush of business, allowing them to escape making a vote on the issue.
Meanwhile, Sen. Jeff Rabon, D-Hugo, who our sources say is one of the Senators fighting to keep HB 2238 from reaching the Senate floor, issued a press release today blasting the House for passage of a resolution encouraging Attorney General Drew Edmondson to defend the state in a federal lawsuit challenging the constitutionality of Oklahoma’s moratorium on out-of-state sales of Oklahoma water.
Why would Rabon oppose a move that might help Oklahoma to win the lawsuit? No one seems to know, but it’s one of the more curious stances of the session: an Oklahoma lawmaker helping Texas win a federal lawsuit.
OKPNS will keep an eye on this developing story.
Wednesday, May 21, 2008
Labels: OK Legislature Posted at 5/22/2008 02:59:00 PM |![]() ![]() Who's to Blame for Monday's "Prison Disturbance" (Riot)
The media has joined the fracas surrounding Monday's prison riot. Editorials at the Oklahoman and the Tulsa World are fanning the flames regarding prison issues today. Prison issues took a backseat at the legislature this year, until the final week.
Now it will be interesting to see how Democrats and Republicans react. So it appears that candidates will be scrambling to revisit this issue this summer and fall. Undoubtedly, with the session still underway, several legislators will be weighing in on the issue. Here's last night's News9 story about this re-emerging campaign issue.
Friday, May 16, 2008
OKPNS FLASHBACK: March 27, 2007
GOP Leaders: What is Henry Trying to Hide with Veto of Audit Funds?
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“What is the governor trying to hide with this veto? Is Gov. Henry afraid that an independent performance audit might uncover his mismanagement of a critical public safety agency? Independent performance audits at public school districts have proven very effective at improving efficiency and saving taxpayers’ money. We believe independent performance audits can have the same positive impact on the Department of Corrections and other state agencies,” stated Senate Co-President Pro Tempore Glenn Coffee, R-Oklahoma City. Read more...
Related:
News9 Video: Prison Riot Raises Questions at the Capitol
FreePauljacob.com: Only a couple inmates killedLabels: Brad Henry, OK Legislature Posted at 5/21/2008 10:38:00 AM |![]() ![]() Is This Our First Reported Case of "Wooley Booger?"![]()
Is this our first reported case of "wooley booger?"
![]() Labels: OK Legislature Posted at 5/16/2008 10:26:00 AM |![]() ![]() Legislation Removing Sexual Predators From Nursing Homes Close to Law
Some good news! Captain Courageous, also known as Wes Bledsoe, the nursing home reform crusader, sent OKPNS an email Wednesday night predicting his legislation aimed at removing sexual predators from nursing homes may be on its way to becoming law. Bledsoe also mentions in the email, the report done by a NBC affiliate in Kansas City which ran a news report about the Predators in Nursing Homes issue.
Wednesday, May 14, 2008
"The report cited more of our investigative work, including the sexual assault by a registered sex offender of a young woman suffering from severe impairments…that we also brought to the news teams’ attention. The reporter, Keith King did a great job with the story… please send him some kudos"
Opponents of the bill, such as the greedy nursing home owners association, have tried to derail the legislation several times, but there has simply been too much media attention to this worthy cause.
Here's Wes' message to concerned Oklahomans. As we've mentioned, it's witching hour and malevolent forces are at work. The nursing home association is still paying our favorite wine expert, Otie Ann Fried and her employees to represent their interests. So if Oklahomans want this bill to pass, they need to light up those phone lines. For citizens once represented by Dirty Harry Coates and Patrick Anderson, you should consider snail mail as they have great difficulties with their e-mail and phones. Labels: OK Legislature, Sen. Harry "Turn" Coates, Sen. Patrick Anderson Posted at 5/15/2008 08:40:00 AM |![]() ![]() The "Witching Hour" Approaches the Legislature
It's the "witching hour," the time in the legislative session when bills emerge from conference committees filled with "wooley boogers" and pork.
Tuesday, May 13, 2008
While there is some limited public scrutiny of what goes on in the legislature prior to mid-May thanks to the lazy and liberal capitol press corps, all bets are off as we move into the last few days. That's when legislators cut their backroom deals, hide outrageous amendments and issue misleading press releases, all designed to fool the public (hard) and the press (not so hard).
Among bills ripe for exploitation are the bills such as the one the insurance industry and their lapdog insurance commissioner Kim Holland are using to try and rip off senior citizens and charities, SB 1980. Others include the endowed chairs backlog, not yet in a bill but could emerge at any time to hurt medical research efforts. Senate liberals will be searching for openings to get their phony official English bill out of the way so as to remove that issue before the Fall campaign.
The list goes on and on.
We invite OKPNS readers to share their knowledge: if you get wind of phony, deceptive legislation that is about to emerge, send in your information to the OKPNS tip line. We'll follow up and try to shine the light truth on the last minute shady deals we get every May.
Labels: Kim Holland, OK Legislature, Rep. Ron Peterson Posted at 5/14/2008 08:10:00 AM |![]() ![]() Capitol Whispers: Patient Advocacy Organization in the Works?There are rumblings from the State Capitol that a "real" patient advocacy organization is in the works.
Individual patient groups have been "taking it on the chin" at the legislature, and some leaders in the patient community are talking of joining forces, with the specific goal of protecting patient safety. Observers tell OKPNS that Oklahoma is considered by national experts to be very backwards and reckless in regards to patient safety issues, such as allowing surgical procedures by untrained professionals such as optometrists.
The medical lobby, considered by many observers as one of the weakest in the nation, formed a patient advocacy group a few years ago, but there is little if any patient involvement, and most patient groups are involved in fund raising instead of advocacy. In fact, a real patient advocacy organization would benefit the weak physicians lobby as much as patient issues.
If it happens, the formation of true patient advocacy organization could be a powerful new force, as it would out of necessity be more grassroots than Gucci, and effective grassroots advocacy is discouraged by lobbyists and lawmakers alike as it lessens their ability to cut backroom deals. With the autism and medically-related endowed chair battles still fresh in everybody's minds, it will be interesting to see what kind of organization finally emerges and who the players are behind this effort.
Developing.......... Labels: OK Legislature Posted at 5/13/2008 09:53:00 AM |![]() ![]() Video: Murphey Update (Week of May 9)Labels: OK Legislator's Blog, OK Legislature, Rep. Jason Murphey Posted at 5/12/2008 12:46:00 PM |![]() ![]() Developing.... Two Rogue Republican Senators Attempting to Water Down "English Only" Bill
We will have more information throughout the morning.
Monday, May 05, 2008
Labels: OK Legislature, Rep. Randy Terrill Posted at 5/07/2008 09:27:00 AM |![]() ![]() Screw 3: Doing It TO the Children?
Scuttlebutt at the Capitol indicates a move underway to seriously address budget problems within the endowed chairs program, but with an across the board mentality that could seriously hurt sick Oklahomans.
Right now the state provides a dollar match for every dollar raised in the private sector, but a large backlog of unfunded monetary obligations, rumored to be in excess of $150 million, is causing some state senators to consider moving the state’s obligation to a 50-cent match. Further, those same lawmakers appear to be considering a bond issue to clear out the backlog. State Sen. Glenn Coffee appears to be taking the leading in the deliberations on the issue.
Critics say University of Oklahoma President David L. Boren’s aggressive pursuit of endowed chairs has put health-related endowed chairs programs at risk. “An endowed chair in music or art is simply not as important to the public good as those that labor to cure cancer or diabetes. Among other items, this proposal will gut research into children’s diseases here in Oklahoma City” one observer, who asked not to be identified, tells OKPNS.
We at OKPNS agree: you can’t enjoy the arts if you’re dead. Oklahoma ranks 43rd nationally for child mortality; the babies of Oklahoma’s teenage mothers are 1.5 times more likely to be low birth weight than adult mothers, and Oklahoma is 44th in the nation for teen births. Death rates for teens are 80 per 100,000 in Oklahoma; 66 per 100,000 is the national average.
Twenty-three percent of Oklahoma’s children live in poverty, which is a risk factor for a long list of health care problems.
There’s got to be a better way than to treat all endowed chair programs the same. OKPNS will monitor this situation, and its impact on sick Oklahomans, as we receive more information.
Developing...
Labels: David Boren, OK Legislature Posted at 5/05/2008 03:32:00 PM |![]() ![]() SCREW Update: Embattled Peterson’s Bill Still Reeks of Scam
Capitol observers are reporting some positive modifications in the effort to defeat the SCREW-ing Old People and Charities Act.
The bill, which is headed for conference, was ostensibly an effort by Big Insurance to eliminate so-called Stranger Originated Life Insurance (STOLI) scams, but was actually a back-door way to eliminate ‘life settlements,” an investing tool that gives Oklahoma Seniors and charitable institutions options for estate planning purposes. Big Insurance wants to eliminate ‘life settlements’ in order to pad their obscene profit margins. The bill, authored in the House of Representative by embattled insurance committee chair Ron Peterson, was on a rocket sled to the governor until the OKPNS story and some subsequent stories by other Oklahoma media pulled the covers off the scam. While Big Insurance has lost the element of surprise, many of the onerous items in the bill remain.
Sources say that the Senate, under pressure to fix some of the more outrageous aspects of the SCREW job, have agreed to fix some of the provisions that dictated just how much senior citizens had to receive for their policies lest they face felony charges.
One item that insiders say must be fixed is the power Oklahoma’s incompetent Insurance Commissioner Kim Holland has over such policies. Right now Holland, a toady for Big Insurance, has far too much discretion over the types of companies who would buy life settlements, and could be a backdoor way to stop the life settlement business even if the bad provisions are removed through legislative action. “Holland, who is every bit as big a tool for Big Insurance as Peterson, but far less knowledgeable, could harass and badger companies who want to do life settlement business in Oklahoma, providing yet another way for Big Insurance to prevail, so nothing is fixed just yet,” one observer says.
Labels: Frank Keating, Kim Holland, OK Legislature, Rep. Ron Peterson Posted at 5/05/2008 02:34:00 PM |![]() ![]() S.C.R.E.W. (Selfish Companies Reaping Excessive Windfalls) Figure Nailed in AP Story
A House member implicated by the Oklahoma Political News Service in the SCREW-ing Old People and Charities Act, also known as SB 1980, has been slammed in a story by the Associated Press.
Thursday, April 17, 2008
![]() OKLAHOMA CITY (AP) -- A state lawmaker who has blocked legislation that would require health insurers to cover a variety of medical procedures and conditions has accepted thousands of dollars in donations from individuals or political action committees with ties to the insurance industry, records show. Rep. Ron Peterson, chairman of the House Economic Development and Financial Services Committee, has received a total of $64,600 in election campaign contributions since Jan. 1, 2007, according to records filed with the Oklahoma Ethics Commission. Of the total, $20,075 came from people or PACs with ties to the insurance industry. Peterson, R-Broken Arrow, is the former owner of a property and casualty insurance agency and his wife is a part-time independent insurance agent. Peterson said the campaign contributions and his close ties to the industry have not influenced his position on insurance mandate legislation. "They can say I'm the devil and I've been bought off. It's absolutely not true," Peterson said. Peterson said he opposes insurance mandates and believes they drive up the cost of health insurance, making it unaffordable for many Oklahomans. Read more... Labels: OK Legislature, Rep. Ron Peterson Posted at 5/05/2008 01:43:00 PM |![]() ![]() Term Limits Issue One Step Away From Ballot
Oklahomans are just one legislative vote away from being able to vote this November on enacting term limits for statewide office holders, Oklahomans for Responsible Government (OFRG) said today.
By a 56-44 vote, the House approved Senate Bill 1987. The bill, which would allow voters this fall to decide whether to enact 12-year term limits for secondary statewide offices such as attorney general, state auditor and state schools superintendent, now goes to the full Senate for final consideration.
"Term limits ended the 'good old boy' system in the Oklahoma Legislature and allowed a new group of Republican and Democratic leaders to come to power. Those leaders ushered in much-needed reforms and policies that have helped to move the state forward," said state Rep. Trebor Worthen (R-OKC), House sponsor of SB 1987. "I hope my colleagues in the Senate will give Oklahomans the chance to vote on this important issue. I thank OFRG for their hard work and dedication to seeing SB 1987 passed."
OFRG Executive Director Curt Price said, "Today's outcome is a victory for Oklahoma voters. This issue is overwhelmingly popular with voters. OFRG encourages the state Senate to follow the example of their House colleagues by giving Oklahoma voters a chance to express their voice on this important issue."
Previously, SB 1987 passed the Senate 31-17, with seven Democrats joining their Republican colleagues in support of the bill. "With this important bill one step away from being on the November ballot, it is important senators don't waiver in their support for SB 1987 the second time around. OFRG will continue to work to ensure that SB 1987 makes it to the ballot," Price said.
A July 2007 Pulse Opinion Research survey of 1,000 likely voters found 77 percent of those surveyed would vote for a measure setting term limits for executive offices. A December 2007 poll by the Tulsa World and KOTV found 73 percent of those surveyed supported the idea of term limits for executive offices.
Monday, April 14, 2008
Labels: OK Legislature, Rep. Trebor Worthen, Term limits Posted at 4/17/2008 05:07:00 PM |![]() ![]() Video: "Rally for Sally" Kern at Oklahoma Capitol
Hat tip: Westend10000
Tuesday, April 08, 2008
Labels: Homosexual Activists, OK Legislature, Rep. Sally Kern Posted at 4/14/2008 11:54:00 AM |![]() ![]() Another Screw Job?![]() Labels: OK Legislature, Supersonics Clay Bennett Posted at 4/08/2008 05:11:00 PM |![]() ![]() Group Urges Legislators To Approve Term Limits Bill
Labels: OK Legislature Posted at 3/04/2008 01:49:00 PM |![]() ![]() Tip Line: "Interesting Events at the Capitol"The new speaker's appointments are drawing lots of concern at the Capitol. Insiders are questioning John Trebilcock's appointment to the energy committee, probably the most sought-after committee in all the house where oil money contributions flow. And now, questions are coming up about Speaker Benge's appointment of Tad Jones as Vice Chair of the Appropriations Committee while letting Jones keep his chairmanship over the education budget committee too. People who have been around the Capitol a long time say it's the first they have ever heard of one person having two chairmanships, especially such big ones. Can one person really handle both jobs? Overseeing the details of the education budget, which is over half of the entire budget, plus staying in the loop about all the other parts of the budget as vice chairman of the A&B committee, will be a tough job. Some Republican members, especially the freshmen and sophomores, think this was the perfect chance to let other, younger members share some responsibility and power. But the hitch is that Jones is Speaker Benge's closest friend. Some lobbyists are laughing that it was always obvious Cargill took care of his friends, but even he didn't take it to this level. But the biggest loser in the new situation is Rep. Lee Denny. Word is some sort of arrangement had been made with her to let her be the next AB Vice Chair to keep her from running for the Senate, but Speaker Benge refused to honor the commitment. But its too late for Denney now because the former president of OSU has already entered the senate race. Labels: OK Legislature Posted at 2/21/2008 03:32:00 PM |![]() ![]() Alliance for Oklahoma's Future: "Tax Incentives, Rainy Day Fund Must Be on Table"David Blatt, Chair of the Alliance for Oklahoma’s Future, issued the following statement in response to the new revenue estimate certified by the State Board of Equalization showing that the Legislature will have $195 million less revenue for the coming fiscal year than initially estimated. “It is unfortunate, but not surprising, that the revenue reductions resulting from the tax cuts of recent years are fully kicking in just as the state’s economy is showing some initial signs of weakness. The revised revenue numbers, certified today by the Board of Equalization, are a clear and sobering indication that this is going to be an extremely difficult budget year that will strain the state’s capacity to keep schools, prisons, roads and hospitals properly funded.” “The recertification numbers create the strong likelihood of targeted and even across-the-board budget cuts in the coming year. When so many of our critical public services already lack adequate funding, further budget cuts would have a real and damaging effect on Oklahoma’s citizens, communities and economy. In order to keep basic programs and services operating, legislators will have to be open to exploring all options for balancing the budget. This must include carefully scrutinizing the tax system for unnecessary and unintentional loopholes and exemptions, as well as reviewing and prioritizing existing spending programs and tapping into the Rainy Day Fund where appropriate.” Labels: Brad Henry, Budget, OK Legislature, Scott Meacham Posted at 2/19/2008 11:14:00 AM |![]() ![]() "Diminutive" Lobbyist Due Ethics Probe?![]() Sources tell OKPNS that an ethics complaint into the tactics of a lobbyist/lawyer may be ahead due to the lobbyist's alleged "strong-arming" of legislators who oppose weakening or repealing HB 1804, the immigration and reform bill.At many as a dozen house members are upset that the lawyer/lobbyist, who says he represents a wealthy Oklahoma City business owner and a large energy company, is telling house members that future campaign donations from the industries he lobbies for are contingent on the lawmakers committing to him to weaken or repeal HB 1804. "The tactics smack of extortion," one member tells OKPNS, "and we're going to see if the law has been violated." Several members declined to name the lobbyist, other than to say he is a "diminutive" Democrat lawyer. "The little runt's mouth is writing checks that his butt better be able to cash. It's outrageous, and we're going to thoroughly check into it," another member tells OKPNS. Developing......... Labels: HB 1804, OK Legislature Posted at 2/14/2008 01:27:00 PM |![]() ![]() |
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