Thursday, June 24, 2010

It's About Time

I got a call last Thursday that I have been waiting on for about 15 years. Joey Goodman, long-time sports writer for the Lawton Constitution, called and gave me some of the best news I have had in a long time. Howard Council, a world famous saddle maker from Lawton, Oklahoma, will be inducted into the Cowboy Hall of Fame in April and receive the Chester A. Reynolds award for lifetime achievement. Chester A. Reynolds was the founder of the Cowboy Hall of Fame, which is now known as the National Cowboy and Western Heritage Museum. To some of us old people, we will always know it as “The Hall of Fame”.
Howard Council has been making saddles from his little shop down on South 2nd street in Lawton for as long as I can remember and I have been told that it was over 50 years. Mr. Council, now in his 80s and battling health issues, still goes to work everyday that he can and works from a hand-written order list that he will never finish. That list is not only made up of folks from the Texhoma area but from some of the top nationally known cowboys from across the United States and some of the best calf ropers to ever shake out a loop. In fact, Howard has made saddles for not only professionals, but also hobby ropers like George Strait. I know of at least two saddles and maybe more that Howard built for George. I also understand that he has built a saddle for Garth Brooks and of course many of the greats from rodeo circles like Roy Cooper and many others. All these notables from the pro rodeo ranks, as well as from the country music world can buy any saddle from anybody in the world. The ones they covet and cherish the most are the ones that are handmade every step of the way by who I and many others consider one of the best in the world, Howard Council.
Howard’s craft is much like fine wine. It has definitely become better with age. I have seen a good many Council saddles, some early ones as well as well as some later models. He has absolutely created works of art with each one he built. Many greats in the saddle business like John Rule in Oklahoma City have studied at the feet of who they consider the guru of their craft. The man who has spent his life taking common cowhide and turning it into a functional work of art that the world’s best cowboys use as a tool of their trade to make a living on the back of a horse. In these days of synthetic material and plastic saddle trees, it is refreshing to see a man that still will not short-change quality to meet a price point. Asking how much a Council Saddle costs is much like asking a price of a Mercedes. If you have to ask, you cannot afford it. But, it is a lifetime investment. I know several people who are fortunate enough to own one that would not sell at any price because they know that at some point, there will be no more.
I set up an event two or three years ago with my good friend, the late Clem McSpadden, at the Medicine Park Music Hall. The event was called The Night of Living Legends. I had to resort to some trickery to get Clem to come down because really my goal was to put Clem on film telling his old cowboy stories so that they could be recorded. My other living legend guest that night was Howard Council. I had to tell Clem that he was helping me as a political fundraiser, because Clem never would have agreed to have done that for himself or his family. I admit it, I tricked him. He came down and it was pure magic. The most fun was watching Clem and Howard visit while sitting out on the rock ledge at the Medicine Park Music Hall. It was so neat to watch two legends from different facets in the pro rodeo business telling stories between themselves. Clem and Howard had never met but knew stories of the same people. Clem had spent his life on the microphone and Howard had spent his life equipping cowboys to go out and make a check. Many of their friends and acquaintances were the same folks. My other ulterior motive was to engage Clem in helping us find a place in the Cowboy Hall of Fame for Howard. Of course, that connection I believe was part of the reason that Howard was finally recognized and will take his place in that hallowed hall. I was honored to be a small part in helping my friend go down in history. Congratulations Howard, it is about time.

If you would like to contact me while I am at the Capitol, please do not hesitate to call
1-800-522-8502 or send an e-mail to donarmes@okhouse.gov.

And here’s a little something to think about as you go down the road:

“Excellence is doing ordinary things extraordinarily well.”

Wednesday, June 9, 2010

Down to the Short Rows

Legislation passed by the Oklahoma House of Representatives this week would allow county and municipal governments to receive a tax incentive for local growth due to a federal military base. House Bill 1786 expands the Oklahoma Local Development and Enterprise Incentive Leverage Act to provide the incentive to cities, towns and counties experiencing or projected to experience a population growth of at least 1,000 residents or increased payrolls of at least 10 million within a five-year period directly resulting from federal military base activities.

Under legislation now signed into law, public transit drivers could face a misdemeanor charge and fine of 500 dollars for using a cell phone on their routes. House Bill 2957 was developed to address dangerous uses of a cell phone while driving. The bill’s author noted that traffic collisions are one of the major causes of death in the United States, and public transit drivers hold too many lives in their hands to be focusing their attention on anything other than their jobs. School bus drivers are included in the definition of public transit driver. House Bill 2957 was signed into law May 6, 2010. It will go into effect on November 1, 2010.

Legislation signed into law will reduce the opportunity for misuse of agency rulemaking power. Because agency rules have the full force of law, they should not be promulgated without careful review and oversight. Unfortunately, many agencies issue “emergency” rules when the Legislature is not in session that can have a dramatic impact on Oklahomans without careful legislative review beforehand. House Bill 2852 reforms state law governing how and when state agencies may issue “emergency rules” that have the effect of law. Although the Legislature is able to review and reject agency rules, that action typically takes place only during the regular session from February to May of each year. Agencies often issue “emergency” rules in the interim that take effect immediately and have the force of law without undergoing legislative scrutiny. That will change under House Bill 2852, which allows agencies to promulgate emergency rules only after the governor has approved. The new law requires agencies to provide "substantial evidence that the rule is necessary as an emergency measure" to protect the public health, safety or welfare; comply federal law; or avoid imminent reduction to the agency's budget. In determining whether a rule is necessary as an emergency measure, the governor would be required to consider "whether the emergency situation was created due to the agency's delay or inaction and could have been averted.” Gov. Brad Henry signed House Bill 2852 into law on April 26. It will go into effect on Nov. 1.

State lawmakers voted this week to enhance reporting of abortions in Oklahoma and any resulting complications. The information will be used to inform public policy decisions in the future. House Bill 3284 creates the Statistical Abortion Reporting Act and requires physicians who perform abortions to report certain information to the Oklahoma State Department of Health. The bill directs the department to publish annual statistical reports on its website. The annual report will contain absolutely no personally indentifying information, only statistics. The legislation specifically declares that state reports cannot contain the name, address, hometown, county of residence, or any other identifying information of any individual female. The clinic questionnaire would include information on basic demographics, age of the child aborted, methods used, the reasons given for obtaining an abortion, and resulting complications. Currently, statistics on abortion complications are not available. When complications occur, that information is typically sealed from public view through a court settlement. The question asking the reasons given for an abortion was based on a survey conducted by the Guttmacher Institute, the former research division of Planned Parenthood. House Bill 3284 passed the Oklahoma House of Representatives on a bipartisan 88-8 vote. It now proceeds to the state Senate.

If you would like to contact me while I am at the Capitol, please do not hesitate to call
1-800-522-8502 or send an e-mail to donarmes@okhouse.gov.

And here’s a little something to think about as you go down the road:

“I seldom end up where I wanted to go, but almost always end up where I need to be.” –Douglas Adams

Finally!

The governor and legislative leaders have reached an agreement on a final budget framework for next fiscal year, a move that should clear the way for an orderly adjournment of the 2010 legislative session. To fill a 1.2 billion revenue hole created by the national recession, the governor and legislative leaders have proposed a balanced budget using a series of targeted agency cuts, reserve and stimulus funds, cost recovery methods and other savings and efficiencies across state government. The agreement is designed to shield core services by enacting smaller, targeted cuts to key agencies in education, health care, public safety, transportation and other priority areas. Under the FY 2011 agreement, 6.68 billion in general revenue will be appropriated to state agencies and programs, a 7.6 percent reduction in total appropriations from the original FY 2010 budget. Cost recovery methods will include, among other things, expedited tax collections, increased permit fees and a moratorium on selected tax credits. As part of the agreement, K-12 education and career technology education will receive targeted cuts of just 2.9 percent to help avert teacher layoffs and other classroom reductions. Higher education’s budget will be reduced by 3.3 percent. The Department of Public Safety will be cut by only 1 percent in an effort to head off trooper furloughs. The Department of Corrections will receive a 3 percent reduction. The agreement also calls for providing additional, long-term funding to the Oklahoma Department of Transportation for road and bridge maintenance and repair efforts. Despite receiving a small decrease in state appropriations, the Oklahoma Health Care Authority will receive an increase in overall funding from other sources to address expected cost increases in health care programs. The Department of Mental Health and Substance Abuse Services will be cut by 0.5 percent and the Department of Veterans Affairs by 3.5 percent. The agreement also calls for a 5 million line-item appropriation to senior nutrition programs and 12.4 million to the Rural Economic Action Plan or REAP. In the final days of the legislative session, lawmakers will work to pass a variety of bills needed to implement the budget agreement, including a general appropriations bill. The Legislature must adjourn by no later than 5 p.m., Friday, May 28.

Legislation seeking to boost Oklahoma’s alternative energy usage, especially locally-produced natural gas and wind, overwhelmingly passed the House this week. House Bill 3028 creates the Oklahoma Energy Security Act. The legislation seeks to reduce the dependence of Oklahoma and the United States on foreign oil and to improve the economic well-being of the citizens of Oklahoma by increasing the use of domestic energy and renewable energy production both in Oklahoma and beyond. The legislation creates a renewable energy standard for Oklahoma, which will set a goal for the state that aims to best utilize the state’s abundant natural resources. The renewable energy standard will be that 15 percent of all electricity generated within the state by the year 2015 be generated from renewable energy sources, including wind, solar, geothermal and energy conservation efforts. About 35 states have some form of renewable portfolio standard. Arkansas is the only neighboring state without one. The legislation would not serve as a mandate, but instead will set a goal for Oklahoma energy companies to meet.
The bill also creates a natural gas energy standard that will help promote natural gas energy development in Oklahoma to complement renewable energy sources like wind.
Additionally, the bill also seeks to promote wind-energy development in Oklahoma by increasing the capability of transmitting the electricity generated by wind across the state through improved transmission capability. The bill calls for the state to work with the Corporation Commission and the Southwest Power Pool to develop plans to expand transmission capacity in Oklahoma. Finally, the bill works to increase the number of compressed natural gas fueling stations in the state by setting a goal of having one public CNG fueling station located approximately every 100 miles along the entire interstate highway system in the state by the year 2015. The bill passed the House with a vote of 91-2 and proceeded to the Senate for final consideration.

Legislation that would improve emergency medical assistance for student athletes was passed by the Oklahoma House of Representatives. House Bill 1658 would place health care service providers volunteering their services at secondary school activities under the Good Samaritan Act. The legislation was filed in response to the death of Justin Barney, a freshman football player from Rush Springs who died from an injury at a game two years ago. The bill would allow chiropractors, podiatrists, dentists, allopathic and osteopathic physicians, physician assistants, optometrists, and nurses (advance practice, registered and practical) to be protected from frivolous lawsuits when they volunteer their services within their specific scope of practice. The U.S. Centers for Disease Control and Prevention estimates that there are some 300,000 sports-related concussions each year in America – a number similar to the total number of concussions suffered by service members in Iraq and Afghanistan since the start of the war.
According to the Department of Health, there are not enough ambulances available to cover every football game in Oklahoma. If House Bill 1658 will encourage doctors to work with schools it will help increase the odds of survival when the unexpected occurs.
The bill passed unanimously and moved to the Senate for consideration.

Legislation to aid Oklahomans with disabilities passed the House unanimously this week. House Bill 2567 would require the state of Oklahoma to recognize any disability stickers issued by the Department of Veterans Affairs and federal military bases or disability placards issued by another state as valid in Oklahoma. In addition, the measure provides for a $500 fine for individuals who illegally use a disabled parking space. Under the bill, 80 percent of the fines collected from violating the law would be allocated to the general fund of the issuing municipality and 20 percent would go to the Department of Public Safety for the purpose of establishing a system to better enforce disability parking requirements.

Lawmakers voted this week to ensure better ambulance coverage in rural Oklahoma. House Bill 1888 requires each county with a population of 500,000 people or less to present an emergency medical services plan to the Oklahoma Department of Health by April 1, 2011. The legislation also creates a petition process to allow registered voters to create an ambulance service district in their counties. The legislation also requires licensed ambulance services in the licensed area to respond to all emergency calls regardless of the patient’s ability to pay. House Bill 1888 passed by a vote of 91-2 and now heads to the Senate for consideration.

Legislation creating a pilot program that establishes reentry and diversion programs to allow non-violent offender parents to receive community-based services in lieu of incarceration unanimously passed the House this week. House Bill 2998 would encourage re-entry and diversion programs as opposed to jail time for non-violent offenders who are the primary caregivers to minor children. The change would allow them to receive rehabilitative services while maintaining contact with their children. Oklahoma incarcerates more women—who often serve as the lone caregiver in the home—than any other state in the nation. The incarceration rate for women is 131 per 100,000 residents, almost twice the national average of 69 per 100,000. Most women prison inmates, 68 percent, are in prison for non-violent offenses. The bill passed the House with a vote of 90-0 and will now return to the Senate for final consideration.

Drivers who make a left turn in the face of oncoming traffic may also face a traffic ticket, under a measure recently signed into law by Gov. Brad Henry.
The new law, which goes into effect on November 1, eliminates language that permitted a driver to turn left after signaling and pausing in an intersection, and which required oncoming drivers to yield to the turning driver. The change means drivers must wait until all oncoming traffic has passed before attempting a left turn. The old law dated to the very early days of automobiles and traffic regulations. Although originally proposed in a different bill that did not get a hearing in the state Senate, the language was added as an amendment to House Bill 2322, which also deals with laws governing motor vehicles.
The new law is named the Casey Lewis Act, in memory of a central Oklahoma man who died in 2007 after a car turned left in the path of his motorcycle. The driver of the car that killed Lewis was not cited because the driver stopped in the intersection and signaled before making the turn, in compliance with the law then in effect. The Casey Lewis Act was endorsed by the Department of Public Safety. House Bill 2322 passed with a 95-0 vote in the Oklahoma House of Representatives and a 44-0 vote in the state Senate.

Legislation that would challenge the federalized health care system has been revived by the Oklahoma House of Representatives, where legislators overrode Gov. Brad Henry’s veto. House Joint Resolution 1054 amends Oklahoma law to allow citizens to opt-out of the new federal system and retain their current coverage. Another provision will allow the Legislature to file a lawsuit challenging the constitutionality of the health care mandates. The override attempt passed with a bipartisan margin of 72-24.

If you would like to contact me while I am at the Capitol, please do not hesitate to call 1-800-522-8502 or send an e-mail to donarmes@okhouse.gov

And here’s a little something to think about as you go down the road:

"A good beginning makes a good end." - Louis L'amour

Ugly & Uglier

I have never heard sweeter words than the two words “sine die”, which for us means “time to adjourn”. This may well have been in the most brutal session in my tenure as a legislator. It is real hard for anyone to stay positive when the state budget has over a billion dollar hole in it. To be able to keep from wrecking education and public safety was nothing short of a miracle. We were able to spare those agencies from devastating deep cuts but it was not without considerable pain and angst. We have a rainy day fund, thank goodness. We are able to dip into that savings account and a new dynamic that this generation has never seen before called “stimulus funds”. Those things, in addition to a really scary little catch phrase called “revenue enhancements” were all parlayed into this year’s budget process. Now, revenue enhancements sound pretty good if you say it real fast. Unfortunately, the reality is that revenue enhancements are camouflage and a smoke-screen for fee increases and moratoriums on things like tax credits to wind energy. The money has to come from somewhere for Oklahoma to balance its budget and not lay waste to things like education and other things that Oklahomans hold in high regard. Somebody has to pay that bill and in this new environment of tea parties and things like that, a tax increase is out of the question.
The wind energy situation to me was probably a terrible place to attack but none of the guys initially at the table in budget negotiations lived in rural areas where wind energy is just now taking off. It is worrisome to me that we balanced our budget on the backs of things like wind energy. Environmental types have been screaming for years that we have to come up with a cleaner energy source to provide power and it my mind, we have it now but because of our state’s budget hole we had to exact a pound of flesh from that vital new industry. Of course, those wind farms are not in Oklahoma City or Tulsa. They are in wide open spaces where they provide jobs and lease payments to land owners. Many rural legislators banded together to lessen the blow to rural Oklahoma and in a last minute Hail Mary pass, we allowed those wind energy companies to bank those tax credits rather than just to take them away from them.
There have been abuses of tax credits and some have occurred right here in southwest Oklahoma. There have also been good tax credits that have done exactly what they are supposed to do which is to stimulate business growth. Again, we had to come up with revenue enhancements and that was one that we used.
I would say that every legislators’ prayer in Oklahoma is for natural gas prices to come up because, as I have said in many articles before, that is the number one driver in Oklahoma. There is a big push by T. Boone Pickens and Company to increase the use in natural gas vehicles. That seems like a good idea to me. The fix will not be immediate, but for Oklahoma’s long-term health it makes a ton of sense. Unfortunately, we had to balance the budget right now.
There was also a “hold your nose” vote that we had to make that was very important to healthcare. That was a bill that would tax health insurance companies to make sure we did not lose federal dollars in our health care system. What will happen is that if you have a one hundred dollar claim, there will be a dollar tax assessed that the insurance companies will have to pay. Insurance lobbyists at the Capitol were going berserk, and understandably, that “revenue enhancement” was voted on. Make no mistake, the insurance companies may write the check but it is the insurance consumer who will pay for it.
So, we filed the constitution and we did our best to balance what was an ugly budget with an even uglier slight-of-hand move. Balance we did and my hope is that when the dust settles, we did not make any grave mistakes. Hopefully we got our job done and avoided special session which would just increase the pressure on the state coffers. At the end of the day, we did the best with what we had which was 1.3 billion less than what we had last year. Many predicted the end of the world and while I might disagree, I will predict a leaner state government and hopefully a better future. There is still a lot of waste out there and we will continue to work to make this machine we call Oklahoma run more efficiently. In the meantime, we cannot write a hot check and as best we can tell, we didn’t. Only time will tell if we did it right.

If you would like to contact me while I am at the Capitol, please do not hesitate to call 1-800-522-8502 or send an e-mail to donarmes@okhouse.gov

And here’s a little something to think about as you go down the road:

“Don’t tell me where your priorities are. Show me where you spend your money and I’ll tell you what they are.” –James W. Frick