Committee okays restraint on use of eminent domain law
A House committee passed legislation that would restrict the inappropriate use of eminent domain while protecting all legitimate uses.
House Bill 3053, by state Rep. Pat Ownbey, would force agencies to declare unused land surplus and offer to resell it to the original owner after 10 years. The legislation also strengthens notification requirements when using eminent domain to seize property.
“My legislation ensures the proper use of eminent domain so that property owners are not taken advantage of,” Ownbey, R-Ardmore, said. “Too often, after property is acquired by eminent domain, it is not used for the purpose originally cited to justify seizing the property. Sometimes, development that was planned falls through. This bill makes it possible for an individual to get their property back if it is not being used.”
Ownbey said a 1959 Oklahoma Department of Transportation use of eminent domain is an example of what his legislation would address.
“In 1959, the Department of Transportation condemned private property along State Highway 199 in Marshall County and in Carter County to widen the highway to four lanes from Madill to Interstate 35 south of Ardmore,” Ownbey said. “The highway eventually became State Highway 70 from the Carter County line to Madill, but it never became four-lane. To add insult to injury, the Department of Transportation began a project to four-lane the highway in a different area, along Oakland in 2009. Basically, my legislation is saying that if you’re going to take people’s land for public use, you’d better use it as advertised and you’d better do it within five years.”
Chickasha in the 1970s condemned private property for a city lake to be built. In addition to condemning the surface, the city also condemned the mineral rights of the property owners arguing that oil and gas production on the property would contaminate the water supply and would be detrimental to the citizens of Chickasha. Nevertheless, after acquiring the property and mineral rights, Chickasha then leased the minerals for exploration and possible production.
Ownbey said despite the new restrictions, the government would not be hindered from the legitimate use of eminent domain.
“I want to make it clear that there is no loss of eminent domain to a government entity,” Ownbey said. “This legislation is a fair balance between property owners and the government. The time period and sales price will serve the owner, while the power of eminent domain will remain in the hands of government. Surely private property owners deserve some protection from a government entity that has the power to take property from them.”
Oklahoma Farm Bureau Vice President of Public Policy Lori Kromer Peterson said her organization was endorsing Ownbey’s legislation because she supports private property rights.
“One of the top priorities for our organization is private property rights.” Peterson said. “In general the farm bureau would oppose the use of eminent domain, especially when it was not used for some public purpose. We support Representative Ownbey’s legislation because we support the landowners right to purchase their property back if it is not used for the purpose it was taken for.”
Brogdon signs Mt. Vernon Statement
State Senator and gubernatorial candidate Randy Brogdon, R- Owasso, has signed the Mount Vernon Statement.
The Mount Vernon Statement, crafted by various conservative leaders across the country including former Attorney General Meese, The Heritage Foundation, and Concerned Women for America, was written to ignite a constitutional reawakening in the country stating, “The change we urgently need, a change consistent with the American ideal, is not movement away from but toward our founding principles.”
Brogdon, is running on a platform of limited, constitutional government. Brogdon said, “My long-held position is a popular one with the people. I believe in the Constitution and the rule of law and we need documents like this to remind us of our founding principles.
“By signing this statement, I am once again publicly pledging to uphold and defend the constitution of the United States.”
Smart reading offered by the library
Tulsans can hone their reading skills by joining Central Library’s Readers’ Library for “Novel Talk: Read Smart” workshops at 7 p.m. on Tuesdays in March at Central Library, Fourth Street and Denver Avenue, in the Lecture Room.
The workshops are free.
The series kicks off March 9 with “How to Read, Part One: Literature.”
James Watson, English professor, University of Tulsa, will teach how to dig deeper and identify larger themes, symbols and connections.
On March 16, Cindy Hulsey, manager of the Readers’ Library, and Laura Raphael, library associate of the Readers’ Library, will present “Why Read? The Reasons We Read.” Explore reasons for reading and get a glimpse into why others read.
“How to Read, Part Two: Nonfiction and Other Texts” is the featured topic for March 23. Sue Christian Parsons, literacy education and reading specialist program coordinator at Oklahoma State University, will explore quick and easy ways to more effectively read a variety of nonfiction texts.
The series concludes March 30 with “What to Read.” Join Laurie Sundborg, interim CEO, Tulsa City-County Library, and other librarians from across the system will give suggestions on what to read next.
Call 596-7977 or visit the library’s Web site at www.tulsalibrary.org for more details about “Novel Talk.”
Wake Up, America! is March 5-6
Berryhill Baptist Church and LOVEM Ministries will present “Wake Up, America!” - the second annual county wide gathering of Christians from all denominations - March 5-6 from 7-9 p.m.
The prayer, praise and proclamation gathering will be hosted by Pastor Phil Taylor of Carbondale Assembly of God Church, 2135 W. 51st Street.
Oklahoma Speaker of the House Chris Benge is scheduled to speak along with these pastors:
• Pastor Jim Burkett, Southwood Baptist Church
• Pastor Willard Jones, Greater Cornerstone Church
Plus, the film Transformations, which shows how the city of Cali, Columbia, was changed, will be shown.
On Saturday from 9 to noon, the program includes:
• Pastor Bob Green, Arrow Heights Baptist Church
• A report on Pakistan-Sakhawat Maseeh from
Islamabad and Samson Titus
• A talk from international evangelist/missionary Daniel King of Victory Christian Center.
For more information call 728-0858 or 446-0795
Demonstration on rock polishing
Due to a bad weather cancellation, the Tulsa Rock and Mineral Society program for February 8 was moved to March 8 at 7 p.m. in the Aaronson Auditorium of the Tulsa City-County Library, 400 Civic Center.
A live step-by-step demonstration on how to shape and polish a stone into a jewelry cabochon (without a dopstick) will be presented by Bob Hicks, a long-time member of the Tulsa Rock Club as well as other clubs including Riverton, Wyoming; Oklahoma City; Shawnee and Stillwater (22 years).
In addition, Hicks has taught a 70-day lapidary program each year for 11 years at the Teton Valley Ranch Camp in Wyoming. A drawing will be held and the lucky winner (a lady from the audience) will not only choose the stone Mr. Hicks will work, but will also get to take the high quality finished gem cabochon home.
Advice on saving money on taxes
With tax season now in full swing, many taxpayers are anticipating getting a refund.
New figures indicate that some of the country’s most financially vulnerable taxpayers - those from low- and moderate-income families - lost about $800 million from their refunds last year.
The lost funds were in the form of fees and interest paid for quick tax refund loans, said Sissy Osteen, Oklahoma State University Cooperative Extension resource management specialist.
“Consumer advocates are warning income tax filers away from controversial refund anticipation loans this tax season,” Osteen said. “Unfortunately, many taxpayers need to receive their refunds quickly, but what they don’t realize with these rapid refund offers is that they’re actually taking out a loan against their refund. They are not getting their actual refund early.”
Although they are touted as “early” tax refunds, these transactions carry steep interest rates and push taxpayers to borrow their own money instead of collecting their full refund.
Refund anticipation loans (RAL) are bank loans secured by the taxpayer’s anticipated refund. Typically these loans last up to two weeks until the actual Internal Revenue Service refund repays the loan.
“In tough economic times, quick money may be tempting, but taxpayers need every dollar of their refunds,” she said. “Most taxpayers could get their refunds in two weeks or less, even without the costly loan. By not going with a RAL, consumers keep more money in their own pockets.”
The price of a RAL is high because it includes several components. One component is a loan fee ranging from $34 to $130. Some tax preparers may charge one or more separate add-on fees, sometimes called “application,” “administrative,” “e-filing,” “service bureau,” “transmission” or “processing” fees. These add-on fees can range from $25 to several hundred dollars.
Osteen said the effective annual percentage rate for a RAL can range from about 50 percent for a $10,000 RAL to 500 percent for a $300 RAL.
“Some tax preparers and their bank partners also offer an ‘instant’ RAL for an additional fee, usually $25 to $39. Some of the APRs for an instant RAL of $1,500 range from 185 percent to 211 percent,” she said. “If consumers realized the interest rates they were paying, they wouldn’t fall for these schemes. Under normal circumstances of getting a loan, they’d never agree to such outrageous interest rates.”
On the upside of the RAL business, the IRS on Jan. 4, 2010, announced its plan to finally regulate the tax preparation industry. Currently most tax preparers are not subject to any sort of licensing, competency or minimum educational requirements. The IRS has proposed regulating tax preparers by requiring paid preparers to:
• Register with the IRS and obtain a unique identification number.
• Pass a competency test.
• Take 15 hours per year of continuing professional education.
• Comply with a code of ethics.
In order for consumers to keep as much of their refunds as possible, they need to wait for their tax refund from the IRS.
“Don’t pay a bank to loan you your own refund. If you file your return electronically and have the IRS direct deposit your refund into your checking or savings account, you can get all the money you have coming to you in less than two weeks,” Osteen said.
Volunteer Income Tax Assistance (VITA) programs and AARP’s TaxAide offer free tax preparation for low-income tax payers. Also, avoid check-cashing fees by having your refund deposited directly into your account. If you do not have a bank account, consumers can select a debit card that can receive direct deposit from the IRS.
Bingman, Justice: EPA ruling will damage Oklahoma
In light of a December ruling by the Environment Protection Agency that will have a damaging affect on Oklahoma industries, State Sen. Ron Justice, R-Chickasha, and Sen. Brian Bingman, R-Sapulpa, call on legislators to join the fight to protect the state’s economic stability.
The state’s top two industries, agriculture and oil and gas, will suffer the most if the EPA is allowed to push ahead with their ruling that so-called greenhouse gases endanger public health and welfare
Three states have filed a petition in federal court to review the EPA’s endangerment finding on greenhouse gases. Unfortunately, Oklahoma, a state that could least afford to see its two major industries suffer, has not joined in the fight. Senators Justice and Bingman pledged to fight against any legislation that would jeopardize Oklahoma’s economy and industry sector, which directly affect Oklahoma families.
“Agriculture is a major consumer of fossil fuels, and any attempt to limit energy inputs in our state would cause severe economic hardships for food and fiber producers,” said Justice. “The EPA regulation of greenhouse gas emissions from farms and ranches could lead to costly and burdensome mandates on Oklahoma’s food and renewable fuel producers.”
Senator Bingman added that the EPA’s efforts to regulate greenhouse gases will have a detrimental affect on Oklahoma’s crude oil and natural gas industry.
“Any federal action that would negatively impact the energy industry will only worsen the state’s current economic woes,” said Bingman. “The EPA proposals will impose additional regulatory barriers, eliminating jobs and reducing the state’s oil and natural gas production. We invite our fellow state legislators to come together and stand in defense of Oklahomans and the industries that move our state forward.”
Oklahoma’s oil and natural gas industry accounts for roughly 25 percent of the taxes paid in the state through taxes on oil and natural gas production, income taxes, motor vehicle taxes and other fees and taxes imposed on the industry.
The Obama Administration’s economic projections show that the proposed Cap-and-Trade legislation would result in planting trees on 59 million acres of crop and pasture land thereby damaging the capability of agricultural producers to feed a growing world population and create the conditions for hiking consumer food prices. The legislation would eliminate jobs, and could result in the loss of 2.3 million jobs in the United States over the next 20 years.
According to a U.S. Senate economic study released last fall, the proposed climate legislation would force agriculture producers to pay $550 million more for energy inputs by 2020 and $1.65 billion more by 2050.
Senators Justice and Bingman are both members of the Senate Republican Rural Caucus, where Justice serves as chairman. In addition, Senator Bingman is chairman of the Senate Energy and Environment committee.
Bill to assist state schools
The Senate gave overwhelming bipartisan support to Senate Bill 2330, authored by Sen. John Ford, which gives local empowerment to education professionals, bringing them together to improve Oklahoma’s education system.
Senate Bill 2330 is a voluntary measure that gives an individual school or a group of schools the opportunity to opt out of programs or state unfunded mandates within their given districts. By opting out, this allows them to save money or maximize the education experience.
Once a plan is agreed upon by the local educational professionals, which includes teachers and the administration, the plan is then submitted to the local school board and then on to the State Department of Education for final approval. If approved, the school district will implement the plan and will be subject to a review at the end of three years to verify the desired results are being obtained.
“Many teachers across Oklahoma continue to tell me their concern regarding unfunded mandates,” said Ford, who represents Craig, Nowata and Washington Counties in the State Senate, and is chairman of the Senate Education Committee.
Ted King, Pidcock to speak
Author and conservative columnist Ted King and Oklahoma House candidate Howard Pidcock will speak at the monthly meeting of the Tulsa County Republican Club March 10.
King, former head of a tax watchdog group in Rogers County, will speak on the “Nanny State.” King’s most recent book is about the government’s policies on tobacco. King also writes a column for the Oklahoma Constitution, a conservative publication. Pidcock is running for House District 68 (an open seat).
The luncheon begins at noon at Hong Kong Restaurant, 7315 S. Memorial Drive. The public - including women - are welcome. For information, contact Gary Casey at 855-5908 or 587-4700 or Bob McDowell at 481-1051.
30 policemen rejoin ranks
Last week, thirty former police officers met with City of Tulsa Human Resources and Payroll personnel at the Tulsa Police Academy to begin the rehire process. Five who could not be present have indicated they want to be rehired. All 35 have waived their 15-day notification period, and are eager to return, said Capt. Jonathan Brooks.
The City Council approved a budget amendment Thursday after the city got $3.2 million in federal funds to rehire the officers. The officers received their equipment and were sworn in March 1 at the Tulsa Police Academy.
The returning officers will be assigned to patrol operations, allowing traffic-enforcement units to resume their primary duties. Six other positions will be returned to investigative units.
Covenant marriage bill
As lawmakers deal with the budget shortfall, they must also face the issue of family fragmentation, state Rep. Mark McCullough said.
“Clearly, legislation alone will not solve the problem of divorce and family fragmentation, but we cannot afford to ignore the issue as it drains hundreds of millions of taxpayer dollars,” said McCullough, R-Sapulpa.
House Bill 2634, by McCullough, would require two hours of pre-marital counseling before the issuance of a marriage license and provide a $45 dollar discount on a marriage license for couples getting more than eight hours of pre-marital counseling. The measure allows for a “covenant marriage” license and requires court directed pre-divorce education classes for couples with children. McCullough noted the counseling and divorce education provisions are already in state law, but are permissive and currently do not require participation.
House Bill 2634 was approved by the House Judiciary Committee last week on a 6-5 vote.
However, a similar measure was defeated on the House floor recently. House Bill 2543, by state Rep. John Wright, R-Broken Arrow, would have required couples to go through one hour of divorce counseling before they can file for divorce. The measure was defeated 37-57.
“Some are hesitant to support this legislation because of concerns about government becoming involved in this issue,” McCullough said. “Unfortunately, the state is already involved - big time. State government spends more than $400 million every year on the fallout of divorce.”
A recent study, “The Taxpayer Costs of Divorce and Unwed Childbearing” conservatively estimates divorce has a dramatic impact on the cost of state government (largely through public assistance programs) - up to $430 million annually in Oklahoma.
“The bills Representative Wright and I filed each have a simple theme: reasonable, rational and quite frankly, pretty mild proposals to encourage people to be deliberative about the marriage and divorce process,” McCullough said. “These are two simple proposals that could help Oklahomans that have no real downside.”
A third measure, House Bill 2279, by state Rep. Sally Kern, R-Oklahoma City, would have slowed the divorce process for couples with young children where just one spouse seeks a “no-fault” divorce. That bill was defeated 3-7 in the House Judiciary Committee.
“Representative Kern knew it was controversial to challenge no fault divorce, but her perception is that the consequence of no fault - 40 years on - has been nothing less than catastrophic to the institution of marriage,” McCullough said. “Why not challenge the axiom of no fault’s supremacy?”
McCullough noted that research shows children from broken homes are 12 times more likely to be incarcerated, seven times more likely to live in poverty and three times more likely to be expelled and receive lower grades. They also are more susceptible to substance abuse and mental health disorders. “Government will not solve this problem but government is already heavily involved,” McCullough said. “We cannot pretend the state does not have role in the increasingly clear problem of family fragmentation.”
Wireless tax plan opposed
The Mid-American Communications Alliance and the Oklahoma chapter of Americans for Prosperity announced that they will lead a statewide campaign to “Axe the Wireless Tax” being proposed by the Oklahoma Corporation Commission.
The effort will bring together consumers, grassroots activists and organizations across Oklahoma in an effort to oppose passage of a plan to add new fees to every traditional and wireless phone in the state. Proponents of the proposal claim it will provide statewide “toll-free” calling to landline telephone customers throughout the state but the proposal is certainly not free.
State Sen. Joe Sweeden stated, “At a time when both families and businesses are struggling through a recession, we cannot afford what amounts to a new tax.”
The Commission’s proposal calls for a tax assessed on all phone lines - whether landline or wireless. If a person has multiple lines, they’ll pay multiple taxes. “As the leader of an organization that promotes smaller government and lower taxes, this new wireless tax is troubling on both fronts,” said Stuart Jolly, state director of Americans for Prosperity - Oklahoma. “This new wireless tax is burdensome to Oklahoma consumers and is just another example of government regulation run amok.”
When something is “free,” someone always pays,” Jolley said. More Oklahomans would pay than would benefit under the Commission’s plan, he said. It is troubling that the “toll-free” calling plan appears to only provide a slight benefit for the rapidly decreasing number of landline users in Oklahoma, while at the same time increasing costs to provide a redundant service for the roughly 90 percent of Oklahoma consumers who use cell phones. Cell phone users already have calling plans that give them the ability to make calls statewide - even nationwide - without any additional taxes.
“Oklahomans should ‘axe the wireless tax’ because it makes absolutely no sense,” said Todd Abrajano, executive director of the Mid-American Communications Alliance. “How could anyone seriously think that creating more government bureaucracy and increasing taxes for unnecessary and duplicative services is good for consumers? The new wireless tax proposal is just bad policy.”
Oklahoma leads the nation in “cell phone only” households. For the approximately 26 percent of households with no landline at all, the Commission’s “toll-free” calling plan would provide absolutely no benefit whatsoever. “Cell phone only” consumers would simply be paying an additional monthly fee to subsidize the rapidly shrinking number of consumers who purchase long distance plans for their landlines.
“The communications market is bursting with competition and choices in technology. For consumers who require long distance service on their landlines, there are nearly 30 companies providing that service in Oklahoma today. Getting rid of those choices and raising prices through a statewide calling regime is a step in the wrong direction for Oklahoma,” said Abrajano.