Political Gamesmanship Often More Important Than Good Policy

By Senator Jay Paul Gumm, D-Durant

Hello again, everybody! The give-and-take of making law is an interesting process to watch.

Most Oklahomans believe a good proposal should stand on its own, earning support of lawmakers and leaders just because it is good for our state. One of those is the “All Kids Act” – the bill I wrote about last week to extend Medicaid coverage to as many as 42,000 Oklahoma children without insurance. It deserved to pass on its own merits.

Even so, its fate was put in doubt during the final hours of the legislative session because of political gamesmanship. Republican leaders in the House insisted that one of their bills pass before they would pass the “All Kids Act” 2007 as the session neared its end.

The disheartening thing is the bill they tied to “All Kids” was a bill that cynically proved the old saying that it is better to look good than to do good. House Republicans would not pass “All Kids” until the Senate passed House Bill 1270.

HB 1270 directs the Oklahoma Department of Commerce to do what it is already doing, except calling that effort the “2nd Century Entrepreneurship Center.” The reason for the change is that it center’s title is the same as the name given by House Republicans to their legislative agenda for 2007, making it sound like some kind of sweeping change.

When HB 1270 was up before the Senate budget committee, I asked a very simple question of its author. “What does this bill do other than require a sign be placed in the Department of Commerce and changing some letterhead?”

His response told every Oklahoman everything we needed to know about this bill. After a pause, he said, “That’s a good question.”

The 2nd Century Entrepreneurship Center bill was completely unnecessary except for the fact its passage convinced House leaders to do the right thing and pass the “All Kids Act.” In that regard, it was a fair trade – but it should not have to be that way.

Bills coming before us should live or die based on their own merits. On its merits, the 2nd Century Entrepreneurship Center deserved to die, and “All Kids” deserved to pass on its own without being tied to an effort to look good rather than do good.

It is hard for me to imagine why anyone would put at risk a bill to cover thousands of children with health insurance just so one political party could claim a legislative victory by passing a different bill that does nothing. In a word, that is unconscionable, and the people of Oklahoma certainly deserve better.

Thanks again for reading the “Senate Minute,” have a great week, and may God bless you all.

Voting Against Pork

What follows is my update for this week concerning the massive government pork spending contained in a recently approved House Bill. I greatly appreciate those who are willing to pass the word about the circumstances surrounding this legislation and the negative consequences of big government spending. This bill included spending in the Guthrie area. A recent survey by the Guthrie News Leader found that 73% of those polled disagree with my vote against this bill. So I am very thankful for all of those who are willing to help educate their friends and family about the problem created by pork spending even when it is happening in our area. Thank you as always for staying informed about what is happening in state government. Please do not hesitate to send your feedback to me at jwmurphey@gmail.com.

Jason

Voting Against Pork
6/5/2007

In my legislative update published May 8, I wrote about the way inappropriate government spending is passed through the Legislature in a last minute budgeting process at the end of session.

I talked about how the process is used to benefit politicians and used an example of how this spending sometimes hits close to home. I referenced how hard to trace "pass through" appropriations were used to buy a train from a company in which State Senator Gene Stipe had an interest. I explained my commitment to trying to recognize and oppose this type of spending this year in the legislature. In the process, I researched past appropriations bills.

I should not have been surprised when at 8:49 PM on Monday night, May 23, House Bill 1278 made its way to the House Floor Calender where it was to be considered on the following day.

On the surface, HB 1278 was just an appropriations bill for the Oklahoma Tourism Department. But with research it become obvious that Senate budget negotiators had loaded up the bill with pork. The bill included several hundred thousands of dollars of "pass through" spending. Pass through spending is spending that does not really go to the appropriated entity but is "PASSED THROUGH" to an outside organization. It included a 1.2 million dollar appropriation in a line item titled only as multi-county organization and thousands more for a Shakespeare event, Red Earth, the Greenwood Cultural Center, the Summer Arts Institute, the Oklahoma Film and Music Commission and the Pollard Theatre in Guthrie. One of the most controversial provisions was an appropriation of $200,000 for a line item known only as "A Pocket Full of Hope."

Democrat Representative Terry Harrison of McAlester debated against the bill. Harrison expressed his disbelief that such bizarre projects would be funded. He referenced a Gene Stipe scandal by suggesting that we were better off investing in a dog food plant in McAlester. Harrison stated that in order to find out about "A Pocket Full of Hope" he had googled that name on his computer and was led to the website of a Chicago, Illinois based company.

I shared this disbelief. Were we as legislators really supposed to spend $200,000 of the taxpayers money with the only guidance as to what we were spending this money on being a five word line item known as "A Pocket Full of Hope?"

The legislator responsible for presenting the bill to the House acknowledged that the bill had problems. He appealed to us to vote for the bill, not based on the merits of it, but because the House negotiators had reached a deal with the Senate and we needed to honor that agreement.

It was obvious from the start that the bill faced the possibility of defeat. Twice, efforts to stop debate on the bill were voted down. When it came time for a procedural vote in order to accept the negotiated language, only 38 Representatives voted in the affirmative. This presented a potential problem as in order for the bill to pass, there needed to be 51 yes votes. Since the bill faced possible defeat, it appears as if both the House Republican and Democrat leadership went to work to whip their members into line in order to preserve the negotiated deal between the House and the Senate. In the end, 54 Representatives voted for the bill, which gave it three more votes than the margin needed to pass. There were 31 Representatives who simply did not vote at all. I don't believe I have ever seen final action on a bill where so many Representatives chose not to vote.

As you might imagine, this sparked a bit of debate in our Republican caucus. I believe a number of Republicans were not at all happy about having to insure the passage of pork spending, but neither did they want to throw a last minute monkey wrench into the budget deal between the House and Senate. In other words, a good number of conservative Republicans were victimized by the process of negotiating with a Senate which is partly controlled by Democrats.

While I can understand the position my colleagues faced, I personally felt it was important to stand on principle. I did not agree with the concept of wasting thousands of taxpayers' dollars simply because of politics. There was never any doubt in my mind on how I would vote on this bill. I have voted against a number of appropriations bills which I felt contained inappropriate government spending, but never had I seen a bill which contained such obvious pork as did HB 1278. So in spite of the fact that part of the funding in HB 1278 was headed to Guthrie, I felt I should honor my commitment to vote against pork and did so by voting no.

Following the vote, Representative Paul Wesselhoft provided a press release giving HB 1218 his "Skunk Master" of the year award. Each year Representative Wesselhoft awards this honor to the smelliest bill of the year. In his press release, Wesselhoft announced that he was also awarding clothes pins to the 15 courageous representatives who opposed the senatorial pork. Wesselhoft provides the pins so that Representatives can close their noses when dealing with the bill.

A Couple of Good Things from and Interesting Session

By Senator Jay Paul Gumm, D-Durant

Hello again, everybody! The 2007 session of the Oklahoma Legislature has passed into history and the 149 lawmakers are returning to their families and hometowns.

There was a new political dynamic – a popular Democratic governor, new leadership in the Republican House of Representatives, and a Senate divided evenly between Democrats and Republicans.

The split power led many to predict fewer bills would become law than in years past. That appears to have been a solid prediction; hundreds of bills with good ideas were left by the wayside.

Despite the difficult political environment, we passed some positive legislation. The biggest for me, of course, was passage of the “Back to School” sales tax holiday, a cause I have championed since I was first became your senator.

This year, Oklahoma families will not have to travel to Texas to enjoy a sales tax holiday on school clothes during the first weekend in August. This common-sense proposal will help our families, our retailers and the entire Oklahoma economy.

Another law that will make a huge difference for Oklahoma’s children is the “All Kids Act.” The law will increase the number of children eligible to receive health care through Medicaid by closing the gap between those children presently receiving Medicaid benefits and those covered under private insurance held by their parents.

We have a real problem in Oklahoma because so many parents do not make enough to afford health insurance but make too much to be eligible for Medicaid. This legislation will provide a bridge, giving these children access to quality health care and allow them to lead healthy, productive lives.

The “All Kids Act” will increase Medicaid eligibility for children from 185 percent of the poverty level to 300 percent – the maximum allowed by the federal government. That will enable the state’s Medicaid program to provide coverage for as many as 42,000 additional children.

Currently in Oklahoma, children whose parents make $37,000 or less a year are eligible for Medicaid. The “All Kids Act” would increase that income ceiling to $60,000 a year.
State costs to provide the additional coverage are estimated at $8 million, allowing the state to draw down nearly $30 million in federal matching funds. The program will be funded by revenue from the state’s tobacco tax, which was increased by voters in 2004.

This was a huge step for a healthy future for our state. A healthy beginning for children leads to healthy adults and a brighter future for us all.

Over the next several weeks, I will write about successes and missed opportunities of the 2007 session. As difficult as it was to find common ground on a number of issues, our success on the two issues in this week’s column shows we can reach common ground. All it takes is hard work and a willingness to look at issues from all sides.

Thanks again for reading the “Senate Minute,” have a great week, and may God bless you all.

Open Door Policy - May 29, 2007

The legislative session ended this past Friday and now it's time to sort through the piles that have stacked up. I had two bills go to the Governor and I'm still waiting for his signature on the bill dealing with firefighter training and funding, along with the creation of a controlled burn indemnity fund established through the Conservation Districts. I do not expect any problems from this bill since I never heard of any efforts to work against it. Every organized fire association, the conservation districts and the agricultural associations were all in support of this bill.

The session was smooth for most as the power-sharing agreement worked in the Senate and the House members were able to work together on issues such as the budget, immigration, education reform and health care. Despite some of the partisan wrangling on a few issues, most everyone got something of what they wanted to see this year from the session.

The deadline for interim studies has passed and I want to thank each of you that submitted ideas. I turned in 26 requests for study and hopefully the Speaker will approve them. I, along with my interns and the House Staff, have all started work on some of these and I expect some good ideas will come forth from these meetings. I will do a detailed explanation of some of these in the coming weeks, along with others requested by different legislators.

I hope everyone had a great Memorial Day! The services at Fort Sill and Elgin were very moving and the weather was very cooperative. It's was good to get back home and see friends at these events. I also enjoyed Cement's 105th birthday celebration with the parade and the main street roped off for people to have a fun day of fellowship. I got several comments about shaving off my beard there. If you hadn't heard, I told a group they could shave my hair and beard if they raised $1,000 for a Relay for Life and they got over $1,800. It's a good summer haircut for a great cause!

The week ahead has me speaking to the Grady County Democratic Women's Club about the legislative session, the Sovereignty Symposium regarding tobacco legislation and tribal compacts, the Association of General Contractors will discuss road funding and Ninnekah has their 115th birthday celebration this Saturday. I will be getting around to see people around the district over the next few weeks and catch up with the time off from the Capitol until the studies begin. I enjoyed the trivia lessons on Tuesday in Elgin while getting coffee, so it's good to see some things don't change while we are in session.

It is an honor to represent your views at the State Capitol. If you wish to contact me and discuss one of these or another issue, I can be reached at my office in Oklahoma City toll-free at 1-800-522-8502, or directly at 1-405-557-7305. My e-mail address is joedorman@okhouse.gov at work. My mailing address is PO Box 559 , Rush Springs , OK 73082 and my website is www.joedorman.com on the Internet. Thank you for taking time to read this column and I look forward to seeing you soon.

Internet Request Yields Huge Response for State Lawmaker

FOR IMMEDIATE RELEASE:
Contact: Ray Carter, House Media
Capitol: (405) 557-7421
Contact: State Rep. Joe Dorman
Capitol: (405) 557-7305
E-mail: joedorman@okhouse.gov

Internet Request Yields Huge Response for State Lawmaker

OKLAHOMA CITY (May 31, 2007) – To encourage Oklahomans to become more involved in state government, state Rep. Joe Dorman used the World Wide Web to solicit their input this year.
In online postings on Dorman’s personal Web site (www.joedorman.com) and his pages on myspace.com and facebook.com, the Rush Springs Democrat encouraged members of the public to send in their suggestions for legislative studies.
The response was overwhelming.
"I asked people to turn in ideas for issues they thought the Legislature should address during the interim," Dorman said, "and I had a huge response from people all across the state."
After the Oklahoma Legislature adjourns each May, state lawmakers conduct interim studies on issues that could be addressed during the next session, which begins the following February.
Dorman submitted more than 20 study requests this year with the majority coming from the online response of Oklahomans.
The study proposals submitted as a result of Dorman’s online request include a review of animal cruelty laws affecting laboratories, gasoline prices, the legal definition of mental illness, protection of the state’s water supply, driver’s education classes, global warming, state-funded medical research opportunities, the state contracting process, a proposal to install ATMs on toll roads, creation of a NASCAR race track in Oklahoma, encouraging the production of biofuels from switch grass, and more.
"It’s a wide variety of issues," Dorman said. "But all of them are issues that are important to Oklahomans now engaged in our political process and I’m very excited by the response."
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Ethics Reform

Murphey Legislative Update
28 May 2007

The House of Representatives recently passed major legislation amending the ethics rules that govern the fundraising conduct of the campaigns of Oklahoma politicians. These reforms include a new limitation on lobbyists' influence over elected officials. These ethics reforms were contained in House Bill 2210, sponsored by Lance Cargill, Speaker of the House.

Ethics reform is an issue about which I feel strongly. As an observer and participant in the political process, I have seen first hand how some ethics abuses are perpetrated. As a State Representative, I have also noticed how much influence lobbyists have over the legislative process. When I sought election to this office, I campaigned on a platform of ethics reform.

I am a strong defender of the rights of citizens to contribute to the candidate who reflects their point of view. I feel this is the way the average person can counter the tremendous influence lobbyists and special interests exert over elected officials. I am opposed to any attempt to lower the limit on the amount of money that a person can give a candidate for office. However, with the right to contribute to candidates must come the requirement of full disclosure. It is only fair that those who try and influence elections be held accountable if their message is dishonest. In order for people to be held accountable, it is necessary that their identity is disclosed.

An important reform in House Bill 2210 took a step towards requiring more disclosure by requiring certain third party groups to be subject to reporting standards similar to the groups that are in direct support of candidates.

Another reform in House Bill 2210 is the placement of a ban on political contributions inside the capitol building. It is at the capitol where the special interests work to swing the support of officials to their point of view. The average person does not have anywhere near this kind of access to their legislators. At the very least, this prohibition helps place citizens on a more even footing with professional special interests groups. I think this is just a common sense step to ethics reform.

The ethics reform bill also includes a ban on honorarium for lawmakers. I remember how shocked I was to learn that money is sent to lawmakers in the form of honorarium from those benefiting from state appropriations. I believe this is a practice that few in the general public are aware of. I am pleased to say that in addition to returning all political contributions from lobbyists and the pacs that employ lobbyists, I have also maintained a policy of returning all honorarium to the senders.

Not included in House Bill 2210 were earlier proposals by Speaker Cargill that would require monthly reports from candidates for office and greater application of the ethics rules to those who hold office at county level. It is my belief that these reforms did not occur due to the significant costs that would be imposed on the ethics commission, which is the board responsible for enforcement of ethics rules.

I do think there are additional reforms that should occur with our ethics rules. One of the foremost concerns I have is the lack of ability of the ethics commission to provide proper enforcement of the rules. If we are to be serious about enforcing ethics rules, we must take an important step by codifying these rules into law. Until we are willing to do this, the ethics enforcement process is rather ineffective.

It is my personal belief that the in the past the legislature has traditionally underfunded the ethics commission and kept the rules out of law as a way of insuring there would be few teeth in the enforcement process.

I also have some concerns with the way the bill was presented to the legislature. We were unable to get a copy of this bill until approximately 30 minutes before the vote was to occur. In those 30 minutes, I was able to verify that the ethics reforms listed above were in fact in the bill. However, this is far from the preferable process by which important legislation should be considered. Reforming the legislative process to control the last minute consideration of major legislation initiatives should be a priority of the legislature.

Dorman Praises OHLAP Reforms

Dorman Praises OHLAP Reforms
FOR IMMEDIATE RELEASE:
Contact: State Rep. Joe Dorman
Capitol: (405) 557-7305
Email: joedorman@okhouse.gov
Dorman Praises OHLAP Reforms
OKLAHOMA CITY – Legislation that ensures continued funding of a state scholarship program approved today will benefit Oklahoma for years, state Rep. Joe Dorman said today.
"Education is a right that every American should enjoy and the Oklahoma Legislature took a huge step forward today by guaranteeing access to even the poorest of our state," said Dorman, a Rush Springs Democrat who co-authored the bill.
Senate Bill 820 provides a permanent funding source for the Oklahoma Higher Learning Access Program (also known as "Oklahoma's Promise") and implements new accountability and performance standards for the scholarship program. The bill passed the Oklahoma House of Representatives on a 98-0 vote. It now goes to the governor for his signature.
OHLAP pays the college tuition of students from families earning less than $50,000 per year who take a rigorous college curriculum, maintain a 2.5 grade point average and exhibit good behavior during their high school years.
However, the program has been underfinanced in recent years. Senate Bill 820 corrects that situation by taking the money needed for scholarships "off the top" of general revenue collections each year.
The bill also contains several major reforms. One of the most contentious reforms is the implementation of a grade-point-average requirement for recipients. Currently, scholarship recipients continue receiving state aid even if they are failing most classes.
The new law will require OHLAP students to maintain the minimum GPA required by the State Regents for Higher Education during their freshman year, with a 2.0 minimum imposed during the sophomore year and at least a 2.5 GPA required for classes taken during the junior and senior years.
"Students should not lose their only chance at a college education because of one bad semester," Dorman said. "The compromise plan included in Senate Bill 820 provides a safety net. OHLAP was established to help low-income students whose high school grades aren't high enough to secure an academic scholarship. Those students will continue to have that opportunity under Senate Bill 820 even if they have an 'off' semester."
Dorman noted that he had experienced "one bad semester" in his junior year of college when he become too active in student groups and associations and let his grades slip.
"I was on OTAG and if there had been a grade requirement, I would have lost my access to funding," Dorman said. "I lost my priorities for one year and placed student government and other events above my classes. I fixed that after the sharp realization of seeing my grades, but this happens too often when students get away from home for the first time. They need to chance to succeed if they mess up once and this bill allows that now."
The legislation contains other reforms, including limiting scholarship eligibility to U.S. citizens or other individuals who are legally present in the country. Children who are home schooled would be eligible for the program for the first time under the bill if they meet all other requirements and score a 22 or higher on the ACT test. Senate Bill 820 also extends the "good conduct" requirements throughout a student's college years and includes an "anti-windfall" provision barring scholarships to students with family income greater than $100,000 at the time they start college.
"This is program allows students to live their dream to go to college without facing enormous debt upon graduation," Dorman said. "Senate Bill 820 will help create a higher-educated workforce in Oklahoma and allow the state attract more employers.
"This bill will do more good than any of the previous laws passed over the last decade to increase economic development. This was a true bipartisan effort to advance Oklahoma's promise to the next generation for a well-educated citizenry."
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FOR IMMEDIATE RELEASE:
Contact: Ray Carter, House Media
Capitol: (405) 557-7421
Contact: State Rep. Randy Terrill
Contact: State Rep. Tad Jones
Capitol: (405) 557-7346
Capitol: (405) 557-7380
House Approves OHLAP Reforms
OKLAHOMA CITY (May 25, 2007) – Lawmakers voted today to provide a permanent funding source for the Oklahoma Higher Learning Access Program (also known as "Oklahoma's Promise") and implements new accountability and performance standards for the scholarship program.
Senate Bill 820 passed the Oklahoma House of Representatives on a 98-0 vote. It now goes to the governor for his signature.
"OHLAP students work hard and play by the rules to qualify for these scholarships. This legislation ensures that the state keeps its promise to those students by paying for their education," said state Rep. Tad Jones, a Claremore Republican who carried the bill in the House. "This legislation guarantees no qualified student is ever denied an education because of financial problems."
"Senate Bill 820 keeps 'Oklahoma's Promise,'" said state Rep. Randy Terrill, a Moore Republican who chairs the House Revenue and Taxation Subcommittee. "We're telling Oklahoma students that we will pay their tuition if they stay out of trouble and maintain their grades."
OHLAP pays the college tuition of students from families earning less than $50,000 per year who take a rigorous college curriculum, maintain a 2.5 grade point average and exhibit good behavior during their high school years.
However, the program has been underfinanced in recent years. Senate Bill 820 corrects that situation by taking the money needed for scholarships "off the top" of general revenue collections each year.
The bill also contains several major reforms. First, the legislation limits scholarship eligibility to U.S. citizens or other individuals who are legally present in the country.
Children who are home schooled would be eligible for the program for the first time under the bill if they meet all other requirements and score a 22 or higher on the ACT test.
"In Oklahoma, home-schooling is a constitutionally protected right," Terrill said. "It has always been the position of the House Republican caucus that government should not be in the business of discriminating against families who choose to educate their children by other means."
Senate Bill 820 extends the "good conduct" requirements throughout a student's college years. Current law applies that requirement only to the high school years.
Under the bill, any student who is expelled from college or suspended for more than one semester would lose his or her scholarship.
"When kids sign up for OHLAP in high school, they promise not to commit any criminal or delinquent acts or have substance abuse problems. We should expect the same from those students when they attend college," Terrill said. "Your conduct should live up to a certain standard if you want to go to school on the taxpayers' dime."
The bill also includes an "anti-windfall" provision barring scholarships to students with family income greater than $100,000 at the time they start college. Currently, the $50,000 income threshold applies only to the time of application.
The means test will not be applied to foster children.
"The bill allows for reasonable income growth between the time you apply for a scholarship and the time you begin receiving aid," Terrill said. "At the same time, it prevents people from gaming the system by manipulating their income tax returns."
Perhaps the most significant reform is a grade-point-average requirement. Currently, scholarship recipients continue receiving state aid even if they are failing most classes.
The new law will require OHLAP students to maintain the minimum GPA required by the State Regents for Higher Education during their freshman year, with a 2.0 minimum imposed during the sophomore year and at least a 2.5 GPA required for classes taken during the junior and senior years.
Terrill noted that other state scholarship programs, such as those offered in Georgia and Tennessee, impose higher GPA requirements.
"The purpose of the OHLAP program isn't simply to produce more college graduates; it's also to produce a better-quality college graduate," Terrill said. "Students will perform to expectations. We hope to incentivize better academic performance from OHLAP students."
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