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Legislative round-up

David Arnett

Oklahoma’s Legislature has been busy this week.  Bill have progressed; banning state agencies from hiring lobbyists, prohibiting sex offenders from operating Ice Cream Trucks, cutting taxes for students, commemorating the capitol, expanding the DNA database, and lowering the legal limit for boating under the influence.  The following have not yet been signed into law but are advancing through the legislative process.  Citizens wishing to oppose or support bills are urged to contact individual lawmakers.
Keeping Sex Offenders Out of Ice Cream Trucks
Senate Bill 1147 by Sen. Jay Paul Gumm would criminalize the operation of an ice cream truck by a sex offender and would require vendors to obtain an operating permit through the State Department of Health.  Gumm said the measure is part of a continuing effort to protect Oklahoma children from dangerous predators.
“This law would allow Oklahoma families to rest easier, removing doubt as to whether a community vendor might be a sex offender in disguise,” said Gumm, D-Durant.  “It’s critical that we take every possible precaution to prevent future instances of abuse and exploitation.  This legislation is another important part of that effort.”
The measure would establish a penalty of up to two and a half years in prison for sex offenders who engage in ice cream truck vending.  Additionally, the measure establishes a $500 fine for operating an ice cream truck without displaying the appropriate vending permit.  Gumm said high-profile cases in other states have prompted the legislation.
“We have a responsibility to ensure Oklahoma is a safe place for the most vulnerable members of the population,” Gumm said.  “I’m pleased the committee was in agreement that we need to be proactive on this issue and look forward to seeing the measure signed into law.”
Expanding the DNA Database

Expanding the Oklahoma State Bureau of Investigation’s (OSBI) DNA database could help solve some of the most horrific crimes committed according to Republican State Sen. Jonathan Nichols, author of Senate Bill 1102.  The measure would add a number of misdemeanor crimes to the felony crimes already on the books which can result in the harvesting of DNA samples.  The measure was approved by the full Senate Appropriations Committee on Wednesday.

“We’re talking about people who have been charged and convicted of misdemeanor criminal acts like peeping toms,” said Nichols, R-Norman.  “We know for a fact that cold cases are often solved through DNA, and the perpetrator’s DNA may be in the system because of an entirely unrelated crime.”

Expanding the Oklahoma State Bureau of Investigation’s (OSBI) DNA database could help solve some of the most horrific crimes committed according to Republican State Sen. Jonathan Nichols, author of Senate Bill 1102.  The measure would add a number of misdemeanor crimes to the felony crimes already on the books which can result in the harvesting of DNA samples.  The measure was approved by the full Senate Appropriations Committee on Wednesday. “We’re talking about people who have been charged and convicted of misdemeanor criminal acts like peeping toms,” said Nichols, R-Norman.  “We know for a fact that cold cases are often solved through DNA, and the perpetrator’s DNA may be in the system because of an entirely unrelated crime.”

Nichols, a former prosecutor, reminded the committee that was exactly how the 1996 murder of University of Oklahoma ballet student Julie Buskin was ultimately solved.  “This gives us an even greater opportunity to capture and punish individuals responsible for some of the most heinous crimes imaginable.”
Nichols stressed that unlike other proposed legislation requiring DNA collection upon arrest, under SB 1102, only those convicted would be required to submit a DNA sample.  His measure would include those convicted of misdemeanor crimes such as outraging public decency; resisting arrest; escape or attempting to escape; eluding a police officer; peeping tom; pointing a firearm; unlawfully carrying or discharging of a weapon; illegal transporting; negligent homicide; causing a personal accident while driving under the influence; unlawful discharge of a weapon; destruction of property or threatening an act of violence.
“Those convicted of such crimes will have already submitted to fingerprinting, this simply adds the collection of a DNA sample,” Nichols said.  “This in no way intrudes on the lives of law-abiding citizens, and it will help us do a better job of protecting innocent Oklahomans.”
Full Disclosure of Adoption Fees
A measure to create more uniformity in adoptions and ensure full disclosure of fees has cleared its first major hurdle in the Senate.  Senate Bill 1029, by Sen. Steve Russell, was approved by the Judiciary Committee on Tuesday.  Russell, R-Oklahoma City, said that as an adoptive parent, it was an area of law of special concern to him.

A measure to create more uniformity in adoptions and ensure full disclosure of fees has cleared its first major hurdle in the Senate.  Senate Bill 1029, by Sen. Steve Russell, was approved by the Judiciary Committee on Tuesday.  Russell, R-Oklahoma City, said that as an adoptive parent, it was an area of law of special concern to him.

In Oklahoma, prospective adoptive parents can utilize public and private agencies as well as attorney-assisted adoptions.  Russell said while those are all good options, a 2006 grand jury investigation uncovered a number of abuses that need to be addressed, including some cases of “adoption” fees being used for personal vehicles, computers and other items.
“My legislation requires full disclosure of all fees, so that adoptive parents know exactly what is required up front and what all the fees are for,” Russell said.  “We need to make sure we have a uniform standard for adoptions.  Under current law, some things, like home studies, can be waived.  Procedures aimed at ensuring the safety of the adoptive child should be enforced.”
SB 1029 would also ensure parents have a full disclosure of all state laws dealing with adoption as well as regulations impacting the adoption of children of Native American ancestry.
“Making sure all adoption laws and fees are completely transparent will improve the process and help eliminate the potential for abuse,” Russell said.  “This is simply good public policy.”
Russell’s legislation now moves to the full Senate for further consideration.

Bill to Cut Taxes For Students

Senator John Sparks (D-Norman) has filed a measure intended to eliminate the state income taxes paid by full time Higher Education and Career Technology students.
“We need to do all we can for students who are struggling to make ends meet,” said Sparks.  “Approval of this legislation would send a clear message that the Legislature wants Oklahomans to become better educated and we’re here to help.”
Senate Bill 1091 would exempt any Oklahoma resident, regardless of age, from paying state income tax while enrolled as a full time student at any College, University or Career Tech Center.  The bill provides this exemption if the student earns less than the $50,000 income limit set by the Oklahoma’s Promise scholarship program.
The single most important factor driving economic development in any state is the education level of the workforce.”  Sparks continued, “To move Oklahoma forward, we’ll need the best educated workforce possible – and this helps us achieve that.”
Sparks, whose district contains the University of Oklahoma, has been a champion of Higher Education during his two years in the Oklahoma Senate.  During his first year in office, he received the legislative newcomer of the year award from Oklahoma’s colleges and universities.
Sparks noted the measure will help more than just traditional college students in their late teens and early twenties.  “Those who are going back to school to learn new skills for the new economy are just as much why I wrote this law.”
One example is Norman resident Liz Houck.  A thirty-four single mother of two, she is currently enrolled in a Career Tech program to become a LPN and RN.  “Each month I just barely make it,” said Houck, a nursing assistant in Cleveland County.  “Between work and school there is hardly any time in my day, but I know I can provide a greater future for my son and daughter by getting a better education.”
Oklahoma’s Career Tech system currently reports nearly 12,000 adults as full time students enrolled in course work at campuses across the state.
“I’m aware that we are in a struggling economy, but I don’t believe we should balance the state budget on the backs of students” said Sparks.  “The best tax cuts in tough times have always been targeted tax cuts such as this.”
Capitol Centennial Commemoration and Preservation Act
The Oklahoma State Capitol is quickly approaching the centennial of its official opening in 1917.  To help commemorate the centennial and ensure the building is ready for its next century, State Sen. Harry Coates has authored Senate Bill 482.  Rep. Liebmann will co-author the legislation which would create the Oklahoma State Capitol Centennial Commemoration and Preservation Act.

The Oklahoma State Capitol is quickly approaching the centennial of its official opening in 1917.  To help commemorate the centennial and ensure the building is ready for its next century, State Sen. Harry Coates has authored Senate Bill 482.  Rep. Liebmann will co-author the legislation which would create the Oklahoma State Capitol Centennial Commemoration and Preservation Act.

"Our Capitol has tremendous significance in the history of our great state, and it’s our job to preserve the integrity and architectural beauty of the building but at the same time do what we can to turn it into a 21st century capable structure," said Coates.  "We have to remember that while this is a historic building and the people’s building, it’s also the home of the executive and legislative branches of our state government."

Coates, who has 40 years of experience in the construction industry, pointed out that many of the buildings main components such as the wiring and piping are original from 1917.  There are also problems with some of the buildings newer additions including malfunctioning elevators and an inefficient heating and air system among others.

"The truth of the matter is that the Capitol has fallen into a state of disrepair – from the electrical to the plumbing to the exterior masonry – from a lack of funding for the upkeep and maintenance.  We have all kinds of construction issues with the Capitol building,” said Coates.  “If we don’t take steps in the very near future, in the next year or two, to make the repairs to the outside, especially to the weatherproofing envelope of the building including the masonry, it doesn’t matter what kind of money we spend on the interior it will all be for not because we didn’t adequately protect the building from the elements.”

A commission will be created to prepare and implement a master plan to make capital improvements to the State Capitol and grounds.  The master plan will include a timetable and budget for completion of all parts of the plan.  The master plan may include among other projects and activities:
·    interior and exterior renovations to the Capitol and grounds
·    publications, films, and other educational materials
·    bibliographical and documentary projects
·    conferences, lectures, seminars, and other programs
·    exhibits, including but not limited to, a centennial commemorative painting and mobile exhibits
·    ceremonies and commemorations

An initial draft of the plan must be submitted to the Governor, Pro Tem and Speaker by January 1, 2010 and the finalized plan by January 1, 2011.

"We as citizens must remember that this is the people’s house and, therefore, the responsibility of maintaining and protecting this building falls to every Oklahoman." said Liebmann, R-Oklahoma City.  "Our Capitol has been nationally-recognized for excellence in public building design and construction so it’s important that we do all we can to protect this beautiful piece of our history as well as get it ready for its next century."

Membership of the commission will include the Governor and all living former governors, along with the Lt. Governor, Pro Tem of the Senate, Speaker of the House and numerous others.  They will also be responsible for planning the festivities for the State Capitol’s centennial celebration.

The bill also authorizes the creation of a not-for-profit corporation to raise funds and to assist in the implementation of the master plan in relation to the centennial commemoration of the State Capitol in 2017.

SB 482 will next be heard by the full Senate.

Move to Ban State Agencies from Hiring Capitol Lobbyists

State Sen. Kenneth Corn, D-Poteau, won approval for a proposal to ban state agencies from hiring lobbyists.  Corn’s proposal was an amendment to Senate Bill 454 by Sen. Anthony Sykes, R-Newcastle, to prohibit the use of state funds for lobbying.  The measure, as amended, was approved by the full Senate Appropriations Committee on Wednesday.
“I want to commend Senator Sykes for filing his bill, and for allowing my amendment to be included.  Public funds are supposed to be used by state agencies to provide specific services and programs—not to hire lobbyists,” Corn said.
Corn said his amendment actually strengthened Sykes original legislation.
“State agencies do receive funds beyond those appropriated by the State Legislature.  Many collect fees and receive federal funds as well.  Again, those are all monies generated by the public, and state agencies shouldn’t be using those other funds for hiring lobbyists.”
The measure would not prohibit agencies from hiring and utilizing legislative liaisons, which Corn said are defined differently in statues than lobbyists.
“Agency liaisons provide a number of valuable services on behalf of the state agencies year-round, in terms of information and constituent issues that require attention not only during the session but in the interim as well.”
SB 454 now moves to the full Senate for further consideration.
Lower Legal Limit for Boating Under the Influence

The Senate Appropriations Committee on Wednesday approved legislation that would lower the legal blood alcohol concentration limit for the offense of boating under the influence from 0.10 percent to 0.08 percent.
Senate Bill 902 by Sen. Bill Brown would also prevent children under the age of 12 from operating any personal watercraft powered by a motor or sail-powered vessel longer than 16 feet in length.  Brown said it is necessary to add teeth to the state’s boating laws to reduce watercraft-related accidents and deaths.
“Our laws regarding blood alcohol limits for operating watercraft ought to be consistent with our laws for operating motor vehicles,” said Brown, R-Broken Arrow.  “Operating a watercraft under the influence is every bit as dangerous as a car or truck.  It’s clear that we need to add some teeth to the law in order to make our waterways safer.”
According to the U.S. Coast Guard, alcohol use is the leading contributing factor in fatal boating accidents, accounting for nearly twenty percent of all reported fatalities.  In 2006, Oklahoma per capita had more watercraft-related accidents, fatal accidents and fatalities stemming from alcohol use than over half of other states.
“Going to the lake is an important recreational activity for countless Oklahomans,” Brown said.  “We ought to do everything in our power to ensure their safety while they enjoy the natural beauty our state has to offer.”

Cooking galaxies from leftover gas

NASA

There is more than one way to make a dwarf galaxy, and NASA’s Galaxy Evolution Explorer has found a new recipe. The spacecraft has, for the first time, identified dwarf galaxies forming out of nothing more than pristine gas likely leftover from the early universe. Dwarf galaxies are relatively small collections of stars that often orbit around larger galaxies like our Milky Way.

The findings surprised astronomers because most galaxies form in association with a mysterious substance called dark matter or out of gas containing metals. The infant galaxies spotted by the Galaxy Evolution Explorer are springing up out of gas that lacks both dark matter and metals. Though never seen before, this new type of dwarf galaxy may be common throughout the more distant and early universe, when pristine gas was more pervasive.

Astronomers spotted the unexpected new galaxies forming inside the Leo Ring, a huge cloud of hydrogen and helium that traces a ragged path around two massive galaxies in the constellation Leo. The cloud is thought likely to be a primordial object, an ancient remnant of material that has remained relatively unchanged since the very earliest days of the universe. Identified about 25 years ago by radio waves, the ring cannot be seen in visible light.

"This intriguing object has been studied for decades with world-class telescopes operating at radio and optical wavelengths," said David Thilker of Johns Hopkins University, Baltimore, Md.

"Despite such effort, nothing except the gas was detected.  No stars at all, young or old, were found. But when we looked at the ring with the Galaxy Evolution Explorer, which is remarkably sensitive to ultraviolet light, we saw telltale evidence of recent massive star formation. It was really unexpected.  We are witnessing galaxies forming out of a cloud of primordial gas."

In a recent study, Thilker and his colleagues found the ultraviolet signature of young stars emanating from several clumps of gas within the Leo Ring. "We speculate that these young stellar complexes are dwarf galaxies, although, as previously shown by radio astronomers, the gaseous clumps forming these galaxies lack dark matter," he said. "Almost all other galaxies we know are dominated by dark matter, which acted as a seed for the collection of their luminous components–stars, gas and dust. What we see occurring in the Leo Ring is a new mode for the formation of dwarf galaxies in material remaining from the much earlier assembly of this galaxy group."

Our local universe contains two large galaxies, the Milky Way and the Andromeda galaxy, each with hundreds of billions of stars, and the Triangulum galaxy, with several tens of billions of stars.

It also holds more than 40 much smaller dwarf galaxies, which have only a few billion stars. Invisible dark matter, detected by its gravitational influence, is a major component of both giant and dwarf galaxies with one exception-tidal dwarf galaxies.

Tidal dwarf galaxies condense out of gas recycled from other galaxies and have been separated from most of the dark matter with which they were originally associated.  They are produced when galaxies collide and their gravitational masses interact. In the violence of the encounter, streamers of galactic material are pulled out away from the parent galaxies and the halos of dark matter that surround them.

Because they lack dark matter, the new galaxies observed in the Leo Ring resemble tidal dwarf galaxies, but they differ in a fundamental way. The gaseous material making up tidal dwarfs has already been cycled through a galaxy. It has been enriched with metals–elements heavier than helium– produced as stars evolve. "Leo Ring dwarfs are made of much more pristine material without metals," said Thilker. "This discovery allows us to study the star formation process in gas that has not yet been enriched."

Large, pristine clouds similar to the Leo Ring may have been more common throughout the early universe, Thilker said, and consequently may have produced many dark-matter-lacking, dwarf galaxies yet to be discovered. The results of the new study reporting star formation in the Leo Ring appear in the February 19, 2009, issue of the journal Nature.

Caltech leads the Galaxy Evolution Explorer mission and is responsible for science operations and data analysis. NASA’s Jet Propulsion Laboratory, Pasadena, Calif., manages the mission and built the science instrument. The mission was developed under NASA’s Explorers Program managed by the Goddard Space Flight Center, Greenbelt, Md. South Korea and France are the international partners in the mission.

For more information, click here to visit Galaxy Evolution Explorer or click here to visit NASA.
Last Updated ( Thursday, 19 February 2009 )

Trace Adkins at the BOK Center tonight

Luke Harrington

Trace Adkins was most recently in the headlines for appearing in Dave Zucker’s conservative-themed comedy An American Carol, but don’t hold that against him. The Louisiana native has been active in the country scene for nearly two decades now, and has more than enough hits under his belt to put on a rocking show at the BOk Center this Thursday.

But, since you’re living in a country music hotbed, you know that already.

You probably also know that Adkins started life working on an oil rig, that the experience left him with a severed and reattached pinky finger (which he made sure doctors reattached at an angle to facilitate his guitar playing). You probably know that he literally started his music career in working-class honky-tonks and worked his way to the top—and thus pretty much embodies the very soul of country music.
You already know that. You also already know about all his top-40 hits like “Hot Mama,” “Chrome,” “Rough and Ready,” and “Honky Tonk Badonkadonk,” all of which combine a distinctly smirking blue-collar sense of humor with hot guitars, foot-stomping fiddles, and his inimitable baritone. You probably also know that he recently released his autobiography, A Personal Stand: Observations and Opinions from a Freethinking Roughneck, in addition to his second greatest hits retrospective, American Man: Greatest Hits Volume II. You know all that.

Now you also know that he’s play at the BOk Center tonight.

See you there.

Trace Adkins will perform at the BOk Center Thursday, February 19, 2009 with special guests Craig Morgan and James Otto. Click here for tickets.

About the author:
Luke Harrington is a freelance entertainment critic whose work appears regularly in Tulsa Today and at MovieZeal.com. Contact him at luke.t.harrington@gmail.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Mark Liotta joins OFRG Board of Directors

Staff Report

Oklahomans for Responsible Government (OFRG) today announced the addition of Mark Liotta to the organization’s Board of Directors.  Liotta is a former state representative from Tulsa and is currently employed as a Tulsa County Highway Superintendent.

"I am looking forward to supporting OFRG and their efforts to make Oklahoma government more efficient and open to the taxpayers," said Liotta.  Mark was elected to a northeast Tulsa House seat for five terms from 1996 to 2006.
As a Representative, Liotta served in numerous positions of leadership, including Republican Caucus Chairman and First Assistant Majority Floor Leader, and he frequently presided over the House floor.

"Mark Liotta is an exciting addition to our board, bringing a strong background of legislative expertise, along with demonstrated fiscal responsibility." said Brian Downs, Executive Director for OFRG. "He is well respected on both sides of the political aisle."

Liotta served as Chairman of the House Appropriations subcommittee on General Government and Transportation, writing the budgets of over 20 state agencies totaling nearly a half billion dollars.

He also currently serves an appointment by Governor Henry as Chairman of the Oklahoma Developmental Disabilities Council.  He and his wife, Alice, reside in Tulsa and have 5 children.

Oklahomans for Responsible Government is a 501(c)(4) organization dedicated to promoting fiscal responsibility, transparency, and accountability in state government. For more information, visit www.ofrg.org.

Oklahoma secures federal disaster aid

Staff Report

The head of the U.S. Department of Homeland Security’s Federal Emergency Management Agency (FEMA) Sunday announced that federal disaster aid has been made available for the State of Oklahoma to supplement state and local recovery efforts in the area struck by severe storms and tornadoes during the period of February 10-11, 2009.
Acting FEMA Administrator Nancy Ward said the assistance was authorized under a major disaster declaration issued for the state by President Obama.  The President’s action makes federal funding available to affected individuals in the counties of Carter, Logan, and Oklahoma.

The assistance, to be coordinated by FEMA, can include grants to help pay for temporary housing, home repairs and other serious disaster-related expenses. Low-interest loans from the U.S. Small Business Administration also will be available to cover residential and business losses not fully compensated by insurance.

Federal funding is available on a cost-sharing basis for hazard mitigation measures for all counties and tribal nations statewide.
Douglas G. Mayne has been named as the Federal Coordinating Officer for federal recovery operations in the affected area.  Mayne said that additional designations may be made at a later date if requested by the state and warranted by the results of further damage assessments.

The Agency said that residents and business owners who sustained losses in the designated counties can begin applying for assistance tomorrow by registering online at http://www.disasterassistance.gov/ or by calling 1-800-621-FEMA(3362) or 1-800-462-7585 (TTY) for the hearing and speech impaired. The toll-free telephone numbers will operate from 8 a.m. to 6 p.m. (local time) Monday through Sunday until further notice.

FEMA leads and supports the nation in a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation, to reduce the loss of life and property and protect the nation from all hazards including natural disasters, acts of terrorism, and other man-made disasters.