Wednesday, March 14, 2007

Germs at the Capitol

I have two knee replacements which contain titanium and plastic. The state Capitol entrances and the one I go through have metal detectors. I set them off each time I go through the detector. The TSA vigilantes never fail to vocally brace me with either a "Go back SIR!" or "Move over their Sir!" so that the Highway Patrolman who has the duty for the day can wand me. Sometimes they are polite, sometimes they treat me like the inmates that come to the Capitol building to haul trash and clean the toilets and move chairs and tables in or out of the Rotunda floors.

I made a mistake early on when I remarked to one of the women TSA staffers that "It must be the Viagra." Such a smartass, sexual comment put me in the class between potential terrorist and inmate cleaning man for about a year. Much to the joy of my fellow lobbists who got a kick out of the "rousting" I got just about every time I failed to "Step back Sir!" in a proper manner.

Those of you who come to the Capitol from time to time have the opportunity to observe the many celebrations, displays, vistors, from wigglies to oldsters, that come to the Capitol each day, set up the displays, wander about, maybe observe government in action, and get their picture taken with their Representative or Senator and the go home.

Most of these celebrations and displays and visits include food stuff. Cookies, veggies and dips, barbeque, peanut butter, all convieniently laid out on tables in the rotunda where the public is free to touch, cough on, sneeze on and fondle, then shake hands and pass germs from Altus to Afton, Idabel to Hooker and Durant to Ponca City and all points in between. The little kids are especially cute and potent because they can move faster, touch more surfaces and cough and sneeze, and in reality carry more germs, than the elderly.

Once they have deposited their germs, transmitted their germs and picked up the germs of others, they get back on their buses and into their cars and go home where they can then transmit and deposit their new germs into their homes and home towns and schools, quite possibly leaving a good batch of germs in the buses to be transmitted some more when they go to the basketball game the next day.

It is not co-incidetal that all of this takes place during the flu season either.

Now, the law enforcement folks and TSA have been trained and believe that terrorists wear turbans, explosive vests and have crazy eyes and carry other stuff in their baggy pants (thats why they wand you).

One day I asked "Do you ever wand the cookies or the veggies or the barbeque or the peanut butter?"

Well heck, You would have thought that I was the dumbest Okie around the way they looked at me. Meanwhile a group of wigglies got off the bus and came through the electonic gates. They were from Guymon, where pigs are slaughtered and hoof and mouth could be in the cookies and peanut butter, heading upstairs to meld with the kids from Idabel where chickens are slaughtered and evian flu could be in the vegies and peanuts.

Sunday, March 4, 2007

Sardis Lake and the coming battle

Sardis Lake is in Southeast Oklahoma, near Wilburton, Talihina and Hartshorne. The Kiamichi mountains are to the south, the Jackfork mountains to the west and the Winding Stair mountains to the north and east. The lake was completed in 1983 at a cost of 38 million dollars and in 1984 the state part of that debt was 18 million dollars. The lake has been the subject of litigation since it's construction and the state debt is now 68 million dollars.

Sardis covers 14,360 acres and has 117 miles of shoreline and is a top bass fishing lake and beautiful to behold.

For years North Texas has been trying to buy the excess runoff of water but for years the excess runs into the Red River to the benefit of no one.

Locals are vehement about their rights to Sardis and now central Oklahoma towns and cities are vying for the opportunity to pipe water 140 miles in a five foot pipe at a cost of more than 310 million dollars their way. That is just for starters.

What promises to be a legal battle for our times is beginniong to take place. The issues: Law and the River, Water Marketing, Water Banks, Water Storage Rights, the Sardis water treatment plant, Water Disribution,States Rights and Tribal Rights.

We have everything here, Beauty, law and lawyers, politics, major construction projects, Indians and money, lots of money. Texas money, Oklahoma money, tribal money.

The most productive reading I have seen comes from http://cals.arizona.edu/AZWATER/arroyo/101com. This is all about the Colorado River and the rights of the various southwestern states to the water and the concerns that California would end up with it all.

IN 1922, the United States Supreme Court ruled that the law of prior appropriation applied regardless of state lines. I think what this means is that if an entity owns water or water rights and doen't use them, then someone else can buy those rights and use that water.

Expect Texas to file a lawsuit soon and the Central Oklahoma bunch had better file something also. This is a lose, lose for Southeast Oklahoma legisltors because you can bet that the locals see that water, all of it, as theirs. If Texas gets the water, the Central Oklahoma bunch loses and Lake Hefner dries up. If the Central Oklahoma bunch wins you can bet that the Legislture, at some time in the future is going to be asked to foot major funding.

This issue, along with the Attorney Generals lawsuit against the poultry industry and the draught, ought to get Oklahoman's focused on our most precious asset. The waters of the state. Not only the existence of the water but the purity of it.

Thursday, February 22, 2007

Governor Proud and Happy

Scientific evidence and home on the range

On Wednesday, February 21st, 2007, the Rules Committee of the Oklahoma State Senate passed out a bill that defined "Animal Waste as non-hazardous." Without spending time on what is hazardous or non hazardous I want to spend a little time on the scientific evidence that was presented and how that evidence must have been perceived by the members of the committee in order to reach the conclusion that they did in order to vote the way they did.
One member of the committee, the only dissenting vote asked the author of the bill, a former extension agent of the land grant school if he had "scientific evidence that animal waste was non-toxic and non-hazardous?"
The answer was classic. "These animals eat those things coming out of the soil, it goes into their systems and comes out as nutrients that go back into the soil."
Visions of cattle munching on pristine pastures of nutrient rich green grasses, chickens pecking around Grandma's barnyard pecking up bits of hay and pebbles, worms and ants for protein, hogs eating apples and sorghum, goats eating neckerchiefs; all this comes to mind.
But that is not the way it happens to our food today. A little calf may spend some time before it is sent to the feedlot to be fattened by je ne nes quois and slaughtered by immigrants poorly paid. Chickens are fed stuff by Laotian farmers in Northeast Oklahoma to make their breasts and thighs and legs meatier and given something else to eat so that their bones are strong enough to help them stand while they eat. Dairy cattle are computerized so that the best producers get the most food the fastest so they can be turned back out to rest a bit an produce more milk. Don't know much about goats.
Agriculture interests would like to make you think that agriculture is the heart and soul of Oklahoma and it may be, but it is in the low twenties in gross state product and lower than that in taxes paid by any industry, on property or sales or whatever else people pay taxes on.
Clean water is the big loser here and Oklahoman's better WAKE UP. Why? Because a lot, maybe most of the bad part of those "good nutrients" going on the ground, phosphourous, arsenic, mercury, are going into the creeks,streams,rivers and lakes of Oklahoma.
As the drought continues and our famed "shore lines" shrink, water and water quality will suffer exponentially. Like oil in an engine, the less there is the hotter it gets and the faster it gets burned up. That is what is going to happen to our water.

Scientific evidence and home on the range

On Wednesday, February 21st, 2007, the Rules Committee of the Oklahoma State Senate passed out a bill that defined "Animal Waste as non-hazardous." Without spending time on what is hazardous or non hazardous I want to spend a little time on the scientific evidence that was presented and how that evidence must have been perceived by the members of the committee in order to reach the conclusion that they did in order to vote the way they did.
One member of the committee, the only dissenting vote asked the author of the bill, a former extension agent of the land grant school if he had "scientific evidence that animal waste was non-toxic and non-hazardous?"
The answer was classic. "These animals eat those things coming out of the soil, it goes into their systems and comes out as nutrients that go back into the soil."
Visions of cattle munching on pristine pastures of nutrient rich green grasses, chickens pecking around Grandma's barnyard pecking up bits of hay and pebbles, worms and ants for protein, hogs eating apples and sorghum, goats eating neckerchiefs; all this comes to mind.
But that is not the way it happens to our food today. A little calf may spend some time before it is sent to the feedlot to be fattened by je ne nes quois and slaughtered by immigrants poorly paid. Chickens are fed stuff by Laotian farmers in Northeast Oklahoma to make their breasts and thighs and legs meatier and given something else to eat so that their bones are strong enough to help them stand while they eat. Dairy cattle are computerized so that the best producers get the most food the fastest so they can be turned back out to rest a bit an produce more milk. Don't know much about goats.
Agriculture interests would like to make you think that agriculture is the heart and soul of Oklahoma and it may be, but it is in the low twenties in gross state product and lower than that in taxes paid by any industry, on property or sales or whatever else people pay taxes on.
Clean water is the big loser here and Oklahoman's better WAKE UP. Why? Because a lot, maybe most of the bad part of those "good nutrients" going on the ground, phosphourous, arsenic, mercury, are going into the creeks,streams,rivers and lakes of Oklahoma.
As the drought continues and our famed "shore lines" shrink, water and water quality will suffer exponentially. Like oil in an engine, the less there is the hotter it gets and the faster it gets burned up. That is what is going to happen to our water.

Tuesday, February 13, 2007

Empty Chairs (Kind of endowed)

I have had some feedback that some readers would like to make a comment to the blog but must sign up and sign in with Google (trap here). I know that there is a way around this without you going to the trouble of the sign up/sign in. I am working on this, but if you have suggestions please e-mail me at Wheatco@Cox.Net

Governor Brad Henry recommended that the Legislature authorize a bond issue of 75 million dollars to fund the "State Part" of endowed chairs at our colleges and universities. I asked the guys over at the Higher Regents "How many endowed chairs are there?" The rely was "About two hundred and forty." Thinking about those chairs I asked "Two hundred and forty endowed?" "Oh No," he replied."Two hundred and forty partially endowed chairs." The private money is there, the state money is not. That is why the Governor asked for more." "Where are these chairs sitting?" the idiot in me asked, knowing full well the answer would lead me into territory only a idiot would follow. "Well, the most of them are in the southern half."

"Does the North have some?" "Yeah, some." What about the others?" "Some."

Then I understood the brilliance behind the "Self-perpetuating endowed chair game."

Scene: A Person is talking to a Wealthy Person. "Walter, if you will give the U one million dollars we will call it the Walter Chair of Good Works in the Department of This and That and your name will live forever!" Chair experts will tell you that one million will only build about one-third of a real chair because no self-respecting chair sitter will accept todays yield on one million as a salary or whatever it is called in academe.

Wealthy Person donates the money for plaque. Pretty soon the Wealthy Person begins to ask "Is anybody sitting in my chair?" (I can't help to add thoughts of Papa Bear, Mama Bear and Baby Bear as in five million, four million, three million. "Not yet" replies A Person, "We need to go to the Legislature and the Governor for money to finish this chair. You sir, can help by calling all those legislators you have contributed to over the years and either demand or plead "Help me finish my Chair!"

Now logic may force some to wonder about the math here. 200+ chairs times one million equals(something) which is just sitting there (not in the chairs) earning something which goes for something else until the Legislature finishes the chairs.

Now, all of you who have rich friends who are thinking about their chair might want to ask them How is the chair coming? What color is it? Orange or Red or Green and White. Then you might ask, Who sits in your chair and what are they doing? Do you have a 'Chair Report' or just a report from from A Person?

Saturday, February 10, 2007

Week One at the Capitol, Process and Progress?

The Senate.
If you go to www.oksenate.gov, the senate home page and if you scroll all the way down you can click on the full text of the Power Sharing Agreement between the twenty-four democrats and the twenty-four republicans. Right away we have problems. My Webster's defines power as: "possession of control, authority or influence over others." Here is how this control, authority and influence worked this week. The Pro Tempores, democrat and republican, are co-equal as are the Co-Majority Leaders. The Leaderships are supposed make co-agreements and co-decisions. One of the early session duties of the Leaderships is the assignment of bills. Under the PSA, if there is no agreement by Leaderships, the bill automatically goes to the Rules Committee, which is also co-chaired by a democrat and a republican. It looks like loss of control, authority and influence to me.

A controversial bill, almost by definition, is a bill that cannot be agreed upon. As a result, all controversial bills are now headed to the Senate Rules Committee, Co-chaired by two freshmen senators.

Picture an old car with one steering wheel in the middle, two sets of gas and brake pedals and a driver on both sides, each co-driver pushing or pulling on the steering wheel, the old careening back and forth across the center line, in and out of the ditches, knocking down fences, scattering other cars and pedestrians, making the chickens fly and the dogs bark, until finally coming to a wheezing stop in a pile of trash cans. Its Laurel and Hardy time!

I imagine that Leaderships will be busy next week reassigning bills to the appropriate committees. Once again the PSA controls. Each Standing Committee has co-equal, co-chairs. If they can't agree on the addition of a bill to the agenda, there is an appeals process back to the Leaderships, who were not able to agree on the bill in the first place. Each co-chair has the power to add three bills to the agenda without the agreement of his or her co. These are called silver bullets. Maybe the second ride will be straighter and less bumpy, or aybe there will only be six bills heard in each committee!

The House.
Last session the Republicans learned that it was a lot easier to honk the horn than it was to drive the truck. They are learning to drive but they are not there yet. Back in the advent of computers, one of my old Arkansas legislator friends was lamenting the tech changes and he said "You know when that all gets in a computer, its there! I'd rather have a front page with some signatures, a seal and some ribbons and then add the other pages later." Well, it's all "There" now in the House. It has gone paperless. Each member has his or her own laptop and reads all bills by scrolling. There is now, a large computer screen in the House lobby where you can watch the progress on the floor electronically.

They do use paper in the committees, but once the bill is passed, it goes back into electronic state with any amendments made in committee. Those who live by computer also die by computer. The House computer has gone down at least once and no one could find out anything for a while. I remember former Speaker Dan Draper, after he started lobbying, using an exacto knife to change wording in a bill so that the Conference Committee Report "Looked" right but had his changes. I suppose a competent hacker will have the same opportunity and I doubt that all they will do is change "May" to Shall."

The Republicans have a maverick in their midst and are being sorely tested. On Thursday, this representative decided to try to amend each of the hundreds of appropriation bills being considered for Third Reading and passage to the Senate. Each amendment failed by 90 something to 1 but took up at least three or four minutes simply because of the legislative process. Three or four minutes times all the bills on the agenda meant a late Thursday departure for home. The Leadership finally allowed the guy to debate one bill on principal. He is going to cause trouble all session long so I am going to name him "Hairball." It will be up to you figure out who "Hairball" is.

The deadline for moving bills out of the Committee in the House of origin is February 22nd in the Senate but March 8th in the House. That is a two week lag in time. This means that the Senate will have to wait a while to get all the House bills while Senate passed bills languish in House Committee as the House works to get all of its bills out and over to the Senate.It will be a while before we get to this point but should provide plenty of fodder.

Tuesday, February 6, 2007

Brad Henry spent a lot of money yesterday

Fifteen million for early childhood eduction, thirty-six million for OHLAP (Oklahoma Higher Learning Access Program), fifty million for teacher pay increases, twenty five million for teachers retirement, seventy-five million for endowed chairs (more on this later), twenty million for better drug and substance abuse treatment and eight million to qualify more kids for Medicaid. Thats about two hundred and twenty nine million dollars Agnes!

In addition he is pouring one million into the Battleship Oklahoma Memorial and we are sending all those statues we bought for Oklahoma City depicting the Land Run to Disney World. Seems that there is a Disney Vice-President who is from Oklahoma and he wants to display those statues down there in Florida this centennial year.

Speaking of Florida, and this is ALL NEW, I was really getting serious about Oklahoma when the lady Astronaut drove 900 miles in her diapers to confront "The other woman." Then Buzz Aldrin, the second man on the moon is on Larry King Live and says "I know I will be criticized for this but Hell knows no fury like a woman scorned." Things are really in the grease now and for a country so sick of Iraq and Bush, this has to be the most high level comedy of the 2000s. The Republicans in the Senate could not be happier because it takes their refusal to debate the Iraq was off the front pages.
Does anybody really give a hoot or a holler about this? You bet. CNN will ride it. Nancy Grace, whoa! How will this woman-lawyer handle this. "Female astronaut gone nuts."

If you have been keeping up, Second Reading is about over. Tomorrow, Wednesday, February 8, bills will be in committees for hearing.

Monday, February 5, 2007

Day One at the Capitol First Reading of Bills

The House and Senate convene today around noon. As soon as there is a quorum, the Senate will accept the offer of the House to wander across the Rotunda and find seats in the House Chamber to hear the State of the State and Budget address of Governor Henry.

Before adjourning, the Majority leader (for the day) will announce, "Mr. President, I move that when the desk is clear that the Senate be adjourned until" (a time certain). This allows the Senate, and the same thing will take place in the House after the governor's address, to meet the Constitutional requirement that all bills by read three times. The First Reading will take place today as each bill will be read by number and short title i.e. "Senate bill 49, Agriculture," while the senators listen to the Governor. Once all the senate bills have been read the official adjourment for the day takes place. On Tuesday, Second Reading will occur with the Presiding Officer directing the bill to committee. Thus, by the end of the legislative day Tuesday, all bills will have been assigned, if things go well, and each will begin it's tortourous journey through the committee process and public scrutiny.

Third Reading will occur when the bill is presented on the floor after committee work. Much later in the Session and after the bill has passed through the system in both House and Senate it is ready for "Fourth Reading and Final Passage." Then it is enrolled and engrossed and sent to the Governor for his signature or veto.

The fact is - the bill is never "read."

Looking at the schedule for legislative deadlines, February 22nd is the deadline for bills to be out of Senate Committees. However that deadline is March 8th in the House although February 22nd is the deadline for bills to come out of House subcommittees. This raises interesting questions because of the double dose that a bill will get in the House and the Co-chair issue in the Senate and two different deadline dates. If you drop your pencil and bend over to get it, no telling what might happen while your head is down. The House deadline sheet notes that these are proposed deadlines which is House speak for "we are probably going to change this when we realize that the Senate won't have anything to do while waiting for House bills to get out committee and to the floor." Rules still say that a bill must be heard by the full House before it can go to the Senate.

Friday, February 2, 2007

2007 Session Countdown 3 days to go

It is cheerful but different in the Oklahoma Senate. Just about everything that I could see is half and half. the Democrats are on the West side and the Republicans are on the East. Senator Coffee, the C0-Pro Tempore of the Senate has his big office just across and opposite from Senator Morgan, todays Pro Tempore. Each one has there Staff Only room so that the leader can get to the floor without going thorugh his waiting room.
Petitioners must make a choice, ask for a joint meeting or see one leader before the other or just lie and say "I came by but you were busy so I saw him first.
The parking lot is an issue. Each Leader has about the same number of requests for visitors so the list has doubled but the parking lot didn't grow! The AA's (secretaries) are reporting that their Co's have been meeting and the joint operating agreement lays out the rules of the road, what to do in case of ties, disagreements and general pouts.
Each Co has three bills that he or she can put on the Committee Agenda to be heard without the agreement of the other Co. All other bills go on the agenda by agreement between the Cos. Bills not agreed on go to Rules. Tie votes result in dead bills, really dead bills because the Senate has adopted a "Final Action" Rule similar to that in the House. Final Action means dead for this Legislature, not just this session.
Over in the House, Pre-session review of introduced but un-assigned bills has been on-going for several days. Reports are that some chairmen have been pretty heavy -handed. Last session only a handfull of Democrat authors got their bills heard. This year there may be even fewer.
Last session Todd Hiett treated the Tribes kind of rough. Look for the Senate Democrats to try to take advantage of this.

Wednesday, January 31, 2007

Tulsa Go!

Went to a real interesting meeting this afternoon. Got called a "Hired Gun."
For the first time in my memory the Tulsa Chamber, the City of Tulsa and INCOG came together to compare programs. All three programs were about the same in terms of issues to be supported or opposed. The Chamber had called in all of the lobbyists, contract and otherwise to discuss issues and cooperation. Here is what I took away. The new Chamber guy Mike Neal is on the right track, kind of a Clyde Cole track, in that involvement rather than preaching, is probably a better way. Whether or not he can really "Involve" his members up and down the Turnpike and on a daily or weekly basis in Oklahoma City is problematical. The second thing that I took away is that, as usual, there were few specifics. Turnbo tried to focus on the "Money" or the "Ask"as I would put it, i.e. How much money does Tulsa really want in education, healthcare, roads, and good works? This is insightful, even for Turnbo. Get a dollar figure, go for it and then divide the spoils.
The healthcare part was very in teresting. Richard Boone laid out the continual problem of indigent care, and referenced the need for a "Provider Tax" or whatever it is called now. In keeping with collegiality and getting along, the lobbyist representing the the "For Profit Hospitals" just passed the microphone to the next guy. My read - A provider tax is dead. The Tulsa "Not for Prfofits" don't work together and we are missing soooo much federal match that it is criminal!
Finally, you can't do much without focus and commitment. There were only a couple of issues that had real focus and the commitment remains to be seen. If one belivies that the health care issue in Tulsa is being addressed seriously and in a committed way then Heck! Or BS! Nobody even mentioned going after funds for the Community Hospital Authority. Nevertheless,
this was a good start and committing corporate and public lobbyists, through their owners is maybe a good idea. What about bringing in the gorillas? Boren, Smidley or whomever, Larry Williams, the VoTech and TCC. Really get organized and get two or three issues, put the dollar sign on it and bring the money back to Tulsa .

Monday, January 29, 2007

2007 Session countdown 8 to go

The Session starts when the Legislature convenes on February 5th. Interestingly, the cut-off for introduction of bills was back in the middle of January so unless you had a burning interest in what is going on, you are already behind!
You can catch up by going to http://www.lsb.state.ok.us/ that is the Legislative Home Page. Go to text of bills and click and then click senate or house and search and the bill number, subject and author will come up. You can scroll through these and then click on the bill number for full text. A large number of bills are "shell" bills and have no content. Content should be available by the first committee meeting but that is not always the case.
I have come up with some interesting stats FWIW which tell you nothing except that I have done a lot of scrolling.
House authors introduced 100 Revenue and Tax bills, 60 School bills. Banks and Trust Companies were tied with Poor People with 6 apiece. Water and Water Rights and Environment are on the move with a total of 22.
The Senate is not to be out done on Revenue and Tax bills with 106 and 52 for Schools. Poor Persons are doing well with 10 bills but Banks and Trust Companies only have 2 vehicles. A "Vehicle" is a legislative term for the bill that "Carries" your "Language."
Of course none of this means anything until you read the bills and find out if taxes are going up or coming down.
Another item of note are the Committee changes in the House. Way different than in the past in that previous standing committees have been replaced with a new order with working sub-committees under each area.
The Senate will be a complete mystery for a while. There are twenty-four Democrats and twenty-four Republicans. The initial agreement calls for Co-Chairs for each standing committee and equal party membership on the committees. Initial questions for lobbyists and other advocates are: Who do you go to first to get your bill placed on the agenda? Can you do it simultaneously? What if one says "OK" and the other says "No." We are not dealing with fading violets here. Same problem when your bill gets to General Order. Talk about Bewitched, Bothered and Bewildered!

Tuesday, January 23, 2007

Dick Wheatley or Tulsa, a lobbyist for twenty-five years, comments on the political and cultural scene in Oklahoma, where we’ve been and where we are going..

At the beginning of the next one hundred years of Statehood, ranking things in Oklahoma is a good thing.

We are first in incarceration of women but real good at football. We rank near the bottom in health care and Tulsa is ranked as one of America’s unhealthiest cities. But our Legislature refused to impose a health care provider tax because it was a “Tax.” One of our former and most popular Senators can be given much credit for pushing Oklahoma and the nation to the bottom in healthcare, but after sticking Oklahoma in the mud he has abandoned us for a lobbying job in Washington.

Oklahoma ranks high in political hypocrisy and low in political common sense. After all, a majority of Oklahoman’s still support Bush but Oklahoma reportedly has more statewide elected Democrats than any other state.

Oklahoma ranks very low in common education funding and just as low in total tax per individual.

Oklahoma has the second largest Native American population, which is among the sickest and the poorest. However Indian Gaming Casinos, over eighty and counting, are planning or completing multi-million dollar expansions. This problem and this opportunity will bring about huge changes in Oklahoma but the “Good Ole Boys” at the coffee shop think that giving the Native Americans a break on car tags is a “Bad thing.”

We have a goofy new “Parity Funding Formula” for OU and OSU. If one University asks for ten million for a project than the other has to come up with it’s own ten million-dollar project. OSU’s Capitol Cowboys are a force, and they have a Speaker and one-half of a Pro Tem this session but David Boren is also a force and he has better football tickets. The other schools just suck hind tit

Oklahoma is supposed to have more shoreline than any other state, but the draught has probably changed that and our continued and increased pollution of the waters of the state is going to make that boast moot - if you can’t drink or swim in the lakes and rivers.


I hope to institute a “Daily Dirt Pile” the Administrative Assistants contribution to good government.