An Oklahoma City police officer wrongly pulled over a man last week and confiscated an anti-President Barack Obama sign the man had on his vehicle.
The officer misinterpreted the sign as threatening, said Capt. Steve McCool, of the Oklahoma City Police Department, and took the sign, which read "Abort Obama, not the unborn."
Chip Harrison said he was driving to work when a police car followed him for several miles and then signaled for him to pull over.
"I pulled over, knowing I hadn't done anything wrong," Harrison said in a recent phone interview.
When the officer asked Harrison if he knew why he had been pulled over, Harrison said he did not.
"They said, 'It's because of the sign in your window,'" Harrison said.
"It's not meant to be a threat, it's a statement about abortion," Harrison said.
He said he disagrees with the president's position on abortion.
"I asked the officer, 'Do you know what abort means?'" Harrison said. "He said, 'Yeah, it means to kill.' I said, 'No, it means to remove or terminate.'"
Harrison said his sign was to be interpreted as saying something like: Remove Obama from office, not unborn babies from the womb.
The officers confiscated Harrison's sign and gave him a slip of paper that stated he was part of an investigation.
Harrison said he later received a call from a person who said he was a lieutenant supervisor for the Internal Investigations Department and wanted to know his location and return his sign to him.
According to Harrison, the supervisor said the Secret Service had been contacted on the matter and had told them the sign was not a threat to the president.
Harrison was asked if he would like to file a complaint. He said he was not sure but would take the paperwork, just in case.
But his run-in with the law wasn't over yet.
"The Secret Service called and said they were at my house," Harrison said.
After talking to his attorney, Harrison went home where he met the Secret Service.
"When I was on my way there, the Secret Service called me and said they weren't going to ransack my house or anything ... they just wanted to (walk through the house) and make sure I wasn't a part of any hate groups."
"We walked through the house and my wife and 2-year-old were in the house," Harrison said.
He said they interviewed him for about 30 minutes and then left, not finding any evidence Harrison was a threat to the president.
"I'm still in contact with a lawyer right now," Harrison said. "I don't know what I'm going to do."
Harrison said he feels his First Amendment rights were violated.
"We had an officer that his interpretation of the sign was different than what was meant," McCool said. "You've got an officer who had a different thought on what the word 'abort' meant."
McCool said the sign basically meant Obama should be impeached and it was not a threat.
"(The officer) shouldn't have taken the sign," McCool said. "That was (Harrison's) First Amendment right to voice his concern."
"We always try to do the right thing and in the end we believe we did the right thing by returning the sign," McCool said.
The 10th U.S. Circuit Court of Appeals said that Oklahoma’s law allowing employees to have guns at work in their locked vehicles is valid.
The ruling overturns a court order by a Tulsa judge in 2007.
A panel decided 3-0 that U.S. District Judge Terrence Kern erred in concluding that the law is pre-empted by the federal Occupational Safety and Health Act.
In an unusual step, Oklahoma Attorney General Drew Edmondson had an attorney for the National Rifle Association, instead of one of his own lawyers, argue the case before the appeals court in November. The court had allowed the NRA to submit arguments as a “friend of the court.”
The judges said Kern’s ruling “interferes with Oklahoma’s police powers and essentially promulgates a court-made safety standard — a standard which OSHA (the Occupational Safety and Health Administration) has explicitly refrained from implementing on its own. Such action is beyond the province of federal courts.”
"We disagree,” the appellate judges in Denver wrote. "OSHA is aware of the controversy surrounding firearms in the workplace and has consciously decided not to adopt a standard (banning firearms from the workplace).”
The appellate judges said Kern’s ruling "interferes with Oklahoma’s police powers and essentially promulgates a court-made safety standard. ... Such action is beyond the province of federal courts.”
The law, which allows nonfelons to lock legal guns in their vehicles while parked at work, was passed in two stages in 2004 and 2005.
The law was proposed by legislators after Weyerhauser reportedly fired eight workers who violated policy by having guns in their vehicles at a mill in southeastern Oklahoma.
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.
Illegal aliens in state prisons could soon face federal deportation, saving the state of Oklahoma millions of dollars.
House Bill 2245, by state Rep. Randy Terrill, would allow the Department of Corrections to send illegal alien inmates to the United States Immigration and Customs Enforcement. The bill’s provisions apply only to criminals who are incarcerated for nonviolent crimes who have served at least half their sentence in state prison.
“The Illegal Alien Rapid Repatriation Act will shift the financial burden of imprisoning these criminals from the state to the federal government where it belongs,” said Terrill, R-Moore. “The immediate cost savings for the state would be more than $3 million.”
There are 166 offenders currently in state prisons that would be immediately eligible for transfer to federal facilities. The state currently pays about $20,000 per year to house each inmate, meaning the immediate annual cost savings would be more than $3 million.
Under the bill, the federal government would pay to house those offenders until they are processed for deportation.
“I think the bill is a good mechanism to relieve some of the state cost burden for holding short-term, non-violent deportable detainees,” said Justin Jones, director of the state Department of Corrections. “At the same time, this will not compromise public safety.”
Jones noted federal immigration officials currently wait to pick up inmates for deportation until they have completed their entire sentence.
There are currently 511 illegal aliens in state prisons with 69 percent of those criminals eligible for the proposed deportation program. (The other 157 are incarcerated for violent crimes and are therefore ineligible.)
In addition to the 166 inmates immediately eligible for deportation under the bill, another 188 illegal alien inmates should be eligible by the end of the next fiscal year.
Under the bill, any inmate shifted to federal custody who later illegally re-enters Oklahoma after his release would be required to serve the remainder of his state sentence in an Oklahoma prison, in addition to facing 20 years for immigration violations under federal law.
A similar law has been approved in Arizona with “much success,” Terrill noted.
“This is a common-sense approach to dealing with criminal illegal aliens,” Terrill said. “These criminals are in Oklahoma because of the failure of the federal government, so it’s only right that the feds share in the cost of their incarceration and facilitate their rapid deportation.”
House Bill 2245 passed unanimously out of the House Appropriations and Budget Subcommittee on Judiciary and Public Safety today. It now goes to the full House Appropriations and Budget Committee and then to the House floor.
Pro-life legislation prohibiting an abortion based on the sex of a child passed a House committee today.
The legislation, House Bill 1595 by Rep. Dan Sullivan, also creates the Statistical Reporting of Abortion Act, which requires physicians who perform abortions to report certain information to the Oklahoma State Department of Health.
“As designer babies become more prevalent, we must do all we can to ensure unborn children are not killed simply because a dad always dreamed of having a son,” said Sullivan, R-Tulsa. “The reporting requirement in this bill will also give Oklahomans detailed information about the abortions that are performed in our state on an annual basis.”
The Health Department would be required to make state statutes and regulations related to abortion and the reporting forms available on its website if this legislation becomes law. Physicians in the state will also be notified about the requirements to report abortion-related information.
Finally, the measure directs the department to publish certain annual abortion reports on its website and to ensure compliance with the provisions of the act by conducting periodic inspections of places where abortions are performed.
“As legislators, we must stand up for those who cannot defend themselves, especially the unborn,” said House Speaker Chris Benge, R-Tulsa. “This bill, in addition to pro-life measures passed in recent years, will make sure women have as much information as possible before making such a life-altering decision.”
The bill passed the House Public Health Committee today and will now move to the full House for consideration.
Oklahomans could help the children of military personnel killed in action further their education by donating a portion of their income tax refund to them under legislation approved Tuesday by the Senate Finance Committee. Sen. Don Barrington is author of Senate Bill 721 which would give those donations to the nonprofit charitable organization, Folds of Honor Incorporated.
“This is a great program that helps ease the financial burden of families that have suffered an incredible loss and allows these children to continue to pursue their dreams of a higher education,” said Barrington, R-Lawton. “It is such a small gift to these families for the ultimate sacrifice made by their loved ones for each and every one of us as well as the people of Iraq and Afghanistan.”
Under the bill, a check off box would be added to each state individual income and state corporate tax return form for tax year beginning after December 31, 2009 to allow citizens to donate a portion or all of their income tax refund to the Folds of Honor Scholarship Program. The program provides academic and vocational training scholarships to dependents of military servicemen and women who were either killed or wounded in action due to military service in the war in Iraq or Afghanistan.
SB 721 goes before the full Senate next for consideration.
Under legislation passed Tuesday by the Senate Finance Committee, Oklahoma military personnel could soon get some tax relief. Senate Bill 881 by Sen. Steve Russell would exempt state military pay from state income taxes.
“Our military service men and women are grossly underpaid and this is one thing we can do to help ease their financial burden,” said Russell, R-Oklahoma City. “They sacrifice so much for our country and for those around the world that can’t fight for themselves. This would be just a small token of our appreciation for their hard work and dedication.”
Oklahoma has the second highest military recruitment in the nation per capita, but Russell points out that a great many military personnel change their citizenship at the first opportunity because of the state’s tax rates.
There are currently 16 states including Nevada, Illinois and New York that exempt their military from paying income taxes.
“We can do more for our military. We often say that nothing is too good for our troops in Oklahoma and now we have the opportunity not just to talk a good talk about our soldiers, but actually do something for them.”
SB 881 will now go before the full Senate.
Legislation creating the “Nuclear Power Incentives Act” gained the approval of a state House committee today.
House Bill 1750, by state Rep. Scott Martin, would establish a review process for the Oklahoma Corporation Commission to consider nuclear power proposals and also creates a task force to consider tax changes that would encourage construction of a nuclear power plant in Oklahoma.
“The national drive for energy independence means we need to diversify production and it simply doesn’t make sense to leave anything off the table,” said Martin, R-Norman. “Nuclear power could safely generate a significant amount of low-cost electricity in Oklahoma.”
Under the bill, an electric utility would be able to file an application with the Oklahoma Corporation Commission seeking a determination of need to construct a nuclear power plant. If the Commission approves the application, the power plant’s costs would be subject to cost recovery rules promulgated by the Commission similar to existing rules for other power plants.
When determining whether there is a need for the nuclear power plant, the bill requires the Corporation Commission to consider the cost of power and energy from the nuclear power plant “compared to alternatives” and the benefits of fuel diversity.
The Corporation Commission would be required to respond to applications within 180 days of filing and the Commission’s final order would be reviewable on appeal to the Oklahoma Supreme Court.
House Bill 1750 also creates a nine-member task force to make recommendations on “an appropriate tax credit for entities investing in a nuclear power plant” in Oklahoma.
Among other things, the task force will determine if an existing tax credit for production and sale of electricity by zero-emission facilities should apply to nuclear power.
The task force would be required to make its recommendations no later than December 1, 2010.
“Adopting the right tax policy could make a nuclear power plant more feasible for Oklahoma utilities and the long-term benefits, such as lower electric bills for consumers, would more than offset the upfront cost to the state,” Martin said. “Nuclear power has a proven track record across the nation and all over the world and it’s time Oklahoma began looking at this potential energy source.”
There are currently 104 nuclear plants in the United States in 34 states, with none in Oklahoma. According to the Nuclear Energy Institute, there are 17 applications for 26 nuclear plants currently under consideration.
House Speaker Chris Benge and Martin recently toured a nuclear power plant in Arkansas.
More than 100 nuclear plants are being built or planned right now across the world, with about half in China, India and other developing nations. Argentina, Brazil and South Africa have plans to expand existing nuclear energy programs, and Vietnam, Thailand, Egypt and Turkey are currently looking into possible nuclear energy options.
In France, 80 percent of power comes from nuclear plants that have operated for years without any significant safety incidents. Over the years, Martin noted that nuclear plant design has become more standardized, thus safer and cheaper, making it a more viable energy source option.
House Bill 1750 passed out of the House Energy Committee today. It now proceeds to the floor of the Oklahoma House of Representatives.
Military personnel returning from overseas service would have an easier time voting under legislation approved unanimously Monday by the Senate Rules Committee. SB 718, authored by Sen. Don Barrington, would allow those who return up to three months before an election to still be able to vote even without being registered.
“We should do all we can to make it easier for our military men and women to be able to vote when they return home,” said Barrington, R-Lawton. “Voting is our greatest freedom; and they above all should have the right to participate in the process given it’s what many of them are fighting to give people in Iraq and other countries.”
Barrington said the legislation stemmed from a recent report by the Pew Center on the States that criticized Oklahoma for not providing enough time to vote for our military personnel serving overseas.
Barrington explained that currently, military personnel who are not registered to vote and return home after the voter registration deadline, which is 25 days before an election, are allowed to cast a provisional ballot. His bill extends the grace period for returning military personnel to ninety days. Therefore, any military personnel who return home within ninety days of an election will be allowed to cast a provisional ballot, without being registered to vote prior to the deadline.
“When our soldiers return from overseas, the last thing on their mind is registering to vote. Many of them haven’t seen their families and friends anywhere from six months to a year, and maybe more,” said Barrington. “They have so many things to get in order when they return and we don’t want to punish them because they happen to forget to register to vote in time. This will give them a little leeway, and let them still participate in one of their greatest freedoms as an American.”
The bill would apply to any service member and their spouse who has been honorably discharged, is on officially authorized leave, or whose service or overseas employment has been terminated.
SB 718 will next be heard by the full Senate.
Senate Bill 609 by Senator Todd Lamb, passed out of the Judiciary committee today.
The provisions in Senate Bill 609 reduce the number of judges on the Workers’ Compensation Court from ten to seven. Four of the judges will be permanently assigned to the Oklahoma City Workers' Compensation Court, and three permanently assigned to the Tulsa Workers' Compensation Court.
Senate Bill 609 also brings reform to the judicial nominating process by requiring Senate confirmation of appointments to the Workers Compensation Court and appellate courts.
“Senate Bill 609 will remove politics from the judicial nominating process by promoting a system that reflects more checks and balances just as our founding fathers intended,” said Lamb. “One of the goals of Senate Republicans this session was to bring reform to Oklahoma’s legal system. Through the support of Senate Bill 609 today, I am encouraged to see the beginning of that process and the accomplishment of that goal.”
“Within the first year, the provisions in Senate Bill 609 will yield a cost savings to the taxpayers of over $400,000,” added Lamb.
Senate Bill 609 will now go before the full Senate for consideration.
House Speaker Chris Benge, R-Tulsa, responds to the final certification for fiscal year 2010:
“It has become increasingly apparent that Oklahoma is feeling the effects of the national recession, as proven with this certification. We will have tough choices to make this year as we craft a state budget, but we also see this financial challenge as an opportunity to make more efficient use of the money we are currently spending. We plan to treat this shortfall just like every other Oklahoma family would in the event of decreased income—by tightening our belt, cutting out frivolous spending and waste and working to ensure the vital functions of government are protected as much as possible.”
“As one would have suspected, the revenue picture of the State of Oklahoma has not improved since the last figures certified by the State Equalization Board, but our response is the same.
“Clearly, we will look at state agencies and programs to identify areas in which savings and greater efficiencies can be found.
“It is small consolation to be sure, but I’m thankful for our conservative spending practices of the past, which place us in a more enviable position than a vast majority of state find themselves today.
“And finally, I still hold to the conviction that we should stay away from the Rainy Day Fund and save those monies for two years down the road, when the fiscal picture will likely be bleaker.”
Legislation passed by the House would protect the men and women who save lives daily, according to state Rep. Marian Cooksey.
House Bill 1360, by Cooksey, R-Edmond, would allow prosecutors to bring felony charges against anyone who assaults an emergency medical technician (EMT) while they are performing medical care duties.
“Why would anyone want to attack the very people who save our lives,” Cooksey said. “We need to ensure our EMTS are given better legal protections.
According to medicinstitute.org, there were 14 assaults on EMTs last year that resulted in serious injury in Oklahoma. There were six assaults in Oklahoma City and eight in Tulsa.
A study conducted in 1999 concluded that during 12 years of service, EMTs received an average of nine assaults each year; and 92 percent of responding EMTs had been assaulted at some point while performing their duties.
Cooksey said that number should be zero and hopes her bill will put an end to the assaults.
HB 1360 increases the penalty for assaulting an emergency care provider to up to two years in prison.
HB 1360 was approved unanimously by the House and will now proceed to the Senate.
American Minute
with
Bill Federer
Pilgrim's Progress was published FEBRUARY 18, 1678.
An allegory of a pilgrim's journey to the Celestial City, it was written by John Bunyan, born in Bedford, England.
At age 29, Bunyan became a Baptist minister and was imprisoned over 12 years for preaching without a license.
While in jail, he supported his family by making shoelaces.
His book, found in nearly every colonial New England home, was the world's best-seller for centuries.
Benjamin Franklin wrote in his Autobiography:
"From a child I was fond of reading, and all the little money that came into my hands was ever laid out in books. Pleased with the Pilgrim's Progress, my first collection was of John Bunyan's works in separate little volumes."
Franklin continued:
"My old favorite author, Bunyan's Pilgrim's Progress...has been translated into most of the languages of Europe, and suppose it has been more generally read than any other book, except perhaps the Bible."
In it, John Bunyan wrote:
"Christian ran thus till he came at a place somewhat ascending, and upon that place stood a cross...
So I saw in my dream, that just as Christian came up with the cross, his burden loosed from off his shoulders, and fell from off his back."
American Minute
with
Bill Federer
A baseball star, Billy Sunday played for the Chicago White Stockings (Sox) in the 1890's.
Born during the Civil War in a log cabin in Iowa, his father, a Union Army soldier, died of pneumonia when Billy was a month old.
At age 15, he struck out on his own, working several jobs before playing baseball.
His career took off and he became one of the most popular athletes in the nation.
While recovering from a baseball injury in 1887, he heard a group of gospel singers after leaving a Chicago saloon.
They invited him to their mission where he experienced a conversion.
He began attending YMCA meetings, quit drinking and got married. A national sensation occurred FEBRUARY 17, 1889, when Billy Sunday preached his first sermon as an evangelist in Chicago.
He went on to pioneer radio broadcasting so enthusiastically that the FCC was formed in response.
During the next 46 years, till his death November 6, 1935, over 100 million people would hear him.
In his animated style, Billy Sunday said:
"Going to church doesn't make you a Christian any more than going to a garage makes you an automobile."
The Senate Rules Committee has approved a pro-active bill designed to strengthen the integrity of Oklahoma's elections. Senate Bill 4, by Sen. John Ford would require anyone voting in person to show proof of identity.
Ford said voters could use a photo ID issued by the United States, the State of Oklahoma or a federally recognized Indian Tribe or Nation. Voters without a government issued photo ID could simply show their county issued Voter ID card.
"I believe that we have a right and a responsibility as citizens to vote, but as a state, we have a responsibility to make sure that every vote that's cast is a legitimate, valid vote," Ford said. "That's all this bill does."
"I truly believe that this enhances the quality of our election process. In no way will it disenfranchise any group--it doesn't keep anyone from voting, and it is not a poll tax because there is no expense to the voter. It simply gives greater protection to our system against the possibility of fraud."
State Senator John Ford has won committee passage of a bill designed to give greater local control to Oklahoma public school districts. Senate Bill 834, the School District Empowerment Program, would remove many of the unfunded state mandates currently restricting the ability of local school districts to best decide how to use resources to benefit their students.
"We pump billions of dollars into education every year, but schools are saddled with so many unfunded mandates they are extremely limited as to how those funds are used," said Ford, who represents Craig, Nowata and Washington Counties in the State Senate. "This will free up our local school districts so that the teachers, parents, school boards and administrators can develop innovative approaches and programs to give our children a better education."
Ford, who is the chairman of the Senate Education Committee, said regulations dealing with health, safety, civil rights and testing would still remain in place.
"What we are simply saying is that we entrust our local parents and schools to determine what will work best for their district and allow them the freedom and creativity to achieve the best results for their students," Ford said.
SB 834 will now move to the full Senate for consideration.
Legislation that would increase protection of abused spouses and children during a custody dispute is headed for the floor of the Oklahoma House of Representatives.
House Bill 1739, by state Rep. Ron Peters, requires state courts to presume a child should be placed with a non-abusive parent in any case where there is clear evidence the other parent has engaged in domestic violence, stalking, or harassment.
“During divorce or custody disputes where domestic violence has previously occurred, the violence often escalates to the point of murder,” said Peters, R-Tulsa. “We don’t want the state of Oklahoma to force any woman or child to risk their lives.”
According to the Oklahoma Domestic Violence Fatality Review Board, 50 percent of domestic violence homicides in 2002 occurred during a child exchange.
According to the Oklahoma Domestic Violence Fatality Review Board, Oklahoma averages 75 deaths per year from domestic violence and children witnessed the death of a parent as the result of domestic violence in 37 percent of cases in 2004.
Oklahoma has been ranked fourth in the nation in intimate partner homicides.
“The data clearly show that violent spouses or partners remain a threat to the safety and well-being of both the child and non-abusive parent,” Peters said. “It’s time we require the courts to take violent behavior into greater account during custody disputes.”
Peters said House Bill 1739 would create a standardized approach in custody and visitation cases where one parent has been show to engage in domestic abuse
If visitation is allowed, the bill requires the court to “provide for the safety of the minor child” during the event.
Under the bill, the court cannot order a victim of domestic violence, stalking, or harassment to be present during a child visitation exchange.
In cases where evidence “tending to substantiate suspected or confirmed child abuse” is identified by the Department of Human Services, the bill requires the suspension of visitation rights.
The legislation also requires the abusive parent to pay the non-abusive parent’s court costs for divorce and custody proceedings if there is “a showing by a preponderance of evidence that the party is currently being stalked or has been stalked or is the victim of domestic abuse.”
Peters said the legislation could dramatically reduce the occurrence of abuse in Oklahoma.
“Research indicates as many as 60 percent of men who abuse women also abuse children,” he said. “Once we know a man has engaged in domestic violence, we also know there is a very good chance he will abuse his child. This bill will provide additional safeguards to protect those children in future custody and visitation cases.”
House Bill 1739 has been approved by the House Judiciary Committee and
now goes before the entire Oklahoma House of Representatives.
Senator Clark Jolley’s Senate Bill 1111 was approved by the Senate Education Committee today with a bipartisan 8-5 vote.
Jolley is encouraged by the passage of the “Educational Accountability Reform Act” and is pleased the committee saw fit to advance the measure.
“The provisions in Senate Bill 1111 are not about politics but about good policy,” said Jolley. “The focus of this legislation needs to be on transparency and accountability and not a defense of the status quo. I hope members will continue to look at the bill and give it the positive consideration on the Senate floor that the committee did today.”
Senate Bill 1111 restructures Oklahoma’s education system to create improved oversight on testing. The current Office of Accountability will be restructured into the Education Quality and Accountability Office.
SB 1111 will now go to the full Senate for consideration.
Oklahoma soldiers called to duty may get tuition reimbursement thanks to state Rep. Fred Jordan.
House Bill 1301, by Jordan, provides for a 100 percent refund of tuition and fees if a member of the Oklahoma National or Air Guard or the five branches of military reserves gets deployed during the school year.
“It is not fair to make these young men and women pay for classes they never got to finish because they were called to fight for our country,” said Jordan, R-Jenks. “This bill is a small way to show our appreciation to these men and women for their service during difficult times. They are great Americans that all legislators can be proud to support.”
Jordan, who served as a Captain in the Marine Corps, filed legislation last year that would have increased the income tax deduction for military income from $1,500 to $5,000 for all active, reserve, and National Guard service members. The bill passed the House but did not pass the Senate.
HB 1301 passed out of House Appropriations and Budget Committee today.
An Oklahoma City police officer wrongly pulled over a man last week and confiscated an anti-President Barack Obama sign the man had on his vehicle.
