Senate bill filed to ensure visitation rights of noncustodial parents

A measure filed Wednesday in the Senate will help ensure that the visitation rights of law-abiding noncustodial parents are protected. Sen. Ron Sharp filed Senate Bill 1612 after visiting with attorneys and community leaders from around the state and learning about the growing problem of noncustodial parents being denied their visitation rights by bitter custodial parents.

“We have noncustodial parents who are paying their child support and doing everything else the court ordered them to do but the custodial parents are still not allowing them to see their children because of past animosities. Just as noncustodial parents can be punished for not paying their child support, we need to hold custodial parents responsible for honoring court ordered visitation,” said Sharp, R-Shawnee. “While these custodial parents may think they’re hurting the other parent, they’re really only hurting their children. This is wrong and has to be stopped.”

Sharp pointed out that nearly every District Attorney’s office in the state now has a division completely dedicated to securing child support payments from noncustodial parents. Those who do not pay their child support face imprisonment and fines. However, there has hardly been any effort to protect the visitation rights of noncustodial parents.

SB 1612 would require the custodial parent to provide the noncustodial parent, who is current on child support, the court ordered visitation schedule. Offenders would face a fine. The legislation would also create a form that noncustodial parents could fill out at their local courthouse informing the district court that their visitation rights have been denied by the custodial parent.
The bill is coauthored by House Assistant Majority Whip and family law attorney Rep. Jon Echols who has seen firsthand how many noncustodial parents are not able to see their children because they simply cannot afford the legal expenses to fight for their visitation rights.

“One of the major problems facing many noncustodial parents is that after paying all of their support obligations they cannot afford an attorney to secure their visitation rights when the custodial parent has violated the schedule,” said Echols, R-Oklahoma City. “This bill would allow the noncustodial parent to directly file a claim to the District Court, similar to completing a small claims form. The court would then decide whether or not an attorney is necessary to restore the visitation rights. We must protect children, and that includes being able to see both of their parents.”

SB 1612 would also require that future divorce decrees define the penalty should the custodial parent deny the visitation rights of the noncustodial parent. The decree would also explain that the custodial parent must show cause as to why the visitation schedule was violated.

“This bill is an effort to ensure that both parents are involved in the child’s life regardless of the circumstances of the divorce. While a marriage may not last forever, these individuals will be parents for the rest of their lives, and their children need them,” said Sharp.

The bill reportedly has the support of numerous district attorneys, family law attorneys and community leaders from around the state.

Puppies Breastfed by Mom (Human)

 

A Colorado woman says she did the only thing that she felt would save his life: breastfeeding the sickly pup from her own breast when the puppy refused to eat anything.

“I just felt like he just had an hour left. That’s how weak he was, he wasn’t moving and I just did it,” the woman, whose identity has not been revealed, told local news outlet KRDO-TV of her decision to breastfeed the dog. "I

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didn’t know what else to do, I was desperate and I just couldn’t bear sitting there watching it die."

According to KRDO, is the runt of a litter of orphaned pups that the woman fostered. She has a 15-month-old child and admits that she felt "weird" about breastfeeding the dog, but she insists that the puppy would've died had she not taken action. The puppy is reportedly now doing much better and is no longer being breastfed.

A photograph of the puppy suckling on the woman's breast has been making the rounds on the Internet after the woman posted the picture on her personal Facebook page with an explanation of why she chose to breastfeed the dog.

While many netizens wondered why the woman didn't rush the pup to a vet before choosing to breastfeed it, some leapt to her defense. "I think it's great she did that to save the puppy, why not?" wrote a commenter on KRDO's website.

This isn't the first time that a breastfed dog has made headlines. In 2012, mother of two Terri Graham told U.K.'s Closer magazine that she had been regularly breastfeeding her daughter's dog, Spider, for the past two years.

"Having Spider suckle on my boob means I finally feel complete and a better mother," she told the magazine.

Employers Can Discriminate Against Younger Workers

 

We are coming to the time of year employers may be receiving an increased number of resumes or job applications from recent graduates who are still looking for their first job out of college or even high school. While they bring many positive attributes to the workforce such as technologically savvy, confidence, and have high expectations, there are negative stereotypes associated with the group as well.

While The Age Discrimination in Employment Act (ADEA) clearly states that you may discriminate against younger age. While it unlawful for you to “discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.”, it is important to note that only workers who are at least 40 years old are allowed to file a claim under the ADEA.

The Supreme Court’s February 2004 decision in General General Dynamics Land Sys., Inc. v. Cline was a stunning legal development in that it allowed the discrimination of younger employees. The Court observed that “if Congress had been worrying about protecting the younger against the older, it would not likely have ignored everyone under forty.”

Writing for the majority, Justice Souter explained that while the ADEA makes it unlawful for an employer to “discriminate against any individual with respect to the compensation, terms, conditions, or privileges
of employment, because of such individual’s age,” the word “age” can have two meanings. “Age” can either refer to any number of years lived, or it can be regarded as common shorthand for old age. The majority concluded that “age” had the latter meaning in the context of the ADEA’s prohibition against age discrimination. Therefore, it did not prohibit discrimination against the young.

Justice Scalia dissented on the grounds that the word “age” was ambiguous, and the Court should defer to the Equal Employment Opportunity Commission’s understanding, which was that the ADEA barred
employers from making any age-based employment decisions.

Justice Thomas, joined by Justice Kennedy, dissented separately, stating that “age” was not ambiguous and clearly was not intended to mean “old age.”

We the People - The Temple of Liberty

 

There are points in the course of time in which a noble direction has been shifted enough to warrant measures of redirection. Those points where a strong foundation has had built upon it a weakened frame. The foundations - the core values - are sturdy and enduring. The framework that has been erected around and upon this foundation has been, from time and neglect, found in need of repair.

The framework, that "our fathers brought forth, upon this continent, a new nation, conceived in liberty, and dedicated to the proposition that 'all men are created equal'" is as enduring as the word of our creator. The instinctual ideals of liberty and freedom in their framework of a government that is of the people by the people for the people, shall not perish from the earth, is stronger than ever.

In order for this framework to have upon it a building of majesty and beauty that is profitable for all people must , from time to time, be renovated and repaired. The open floor plan of freedom has had walls of intrusion laid upon the foundations of liberty and justice for all, causing a separation of the people from the government. The rooms of government are now locked and hidden from the people whose fathers and mothers gave their last full measure of devotion to protect the openness of this liberty.

We the people are the builders and maintainers of the temple of liberty that is this great nation. The great commission of the protection of the tangible daily execution of freedom has been passed from generation to generation in this land of liberty. This noble task is inherent in those of us living here today. It is therefore, our duty to restore the government by the people of the people and for the people for this generation and generations to come.

In order for us to maintain a nation maturing in liberty, and dedicated to the proposition that all people are created equal, we must maintain a government that is of the people by the people for the people. It is of the people in our fellow citizens being the servants of the public good. By the people as we elect and place the people we believe hold fast to the actual execution of liberty and justice for all. It is for the people in the written precepts - the law and the rules and regulations - that are in accordance with and protecting of the individual liberty of all people. This republic can only stand of the people by the people and for the people.

The time has come to remove the walls of secrecy and deceit that have degraded this temple of liberty. It is time for a war of knowledge and reason to remove the corporate interests that have taken this government of the people away from the people. We must be strong and abhor the notion of convenience that begets a false security in the loss of liberty. We must actively seek those citizens that are dedicated to the preservation of a government that is of the people by the people for the people. These people will marginalized and demonized by the media that is owned by the same corporate builders of the walls of deceit. We must not let our decisions be made for us as this is the greatest loss in the constant battle for independence. It is time to eschew the material media ensnarement, the bread of circuses of our time, for the interaction with our fellow citizens to rebuild and restore the temple of liberty.

James T. Garrett

Special OK Legislative Session

 

 

Gov. Mary Fallin announced  special legislative session will begin Sept. 3, 2014. Fallin’s executive order designating the session limits it to lawsuit reforms enacted in House Bill 1603, an omnibus package enacted in 2009 with bipartisan support. The Oklahoma Supreme Court in June ruled the legislation violated a state constitutional “single-subject” rule.

Nearly every state legislator with a prison in their district has signed onto a petition calling for corrections funding to be addressed if a special session is called, according to state Rep. Gus Blackwell.

As of Aug. 5, the state corrections system is at 97.7 percent capacity, or has filled 25,348 or the 25,946 state and contract beds available. There are 1,672 inmates in county jail that are awaiting transfer to the state corrections system, with a typical wait time of approximately 8 to 10 months. As of July 1, 61.68 percent of the correctional officer positions are filled.

According to the Department of Corrections, there is approximately $7 million remaining in the revolving funds referenced by Governor Mary Fallin when she rejected a supplemental appropriations request of the agency. Nearly $5 million in the revolving funds cannot be used by the agency unless they receive specific authorization from the Oklahoma Legislature, which they have yet to receive.

“Public safety is the number one legitimate core function of government,” Blackwell, R-Laverne. “It’s essential that we make sure that the officers and staff of the Department of Corrections are able to perform their jobs in an atmosphere of safety and that the citizens of Oklahoma are kept safe from the danger inherent in overcrowded prisons. The continued low number of officers coupled with the high incarceration rates is producing a situation that is conducive to extremely problematic scenarios in the DOC facilities.

In response to Governor Mary Fallin’s call for a special legislative session to revisit tort reform in Oklahoma, Senate Democratic Leader Sean Burrage stated “If the governor believes that tort reform is such a pressing issue that she must call a special session, then surely the safety and protection of DOC employees ought to also be on the agenda."

“The Democrats in the State Senate believe that a special session to revisit this issue is a waste of both time and taxpayer dollars,” said Burrage, D-Claremore. “At a cost of $30,000 per day, we are looking at spending close to $250,000 to fix a problem.”

“But, if this is a done deal, let’s make this special session worth the time and the cost and handle the critical issue of the December 31 cutoff date on Insure Oklahoma. If the Governor and the legislature stand idle on this issue, 30,000 hard working Oklahomans who have access to health care through Insure Oklahoma will lose that coverage as they ring in the New Year.

Because of that deadline, this is something we literally cannot wait until 2014 to address. The Republican leadership here at the Capitol clearly has its priorities wrong if they believe that addressing lawsuit reform in a special session is more important than finding a solution to providing access to healthcare for these hard working Oklahomans.”

Fallin didn’t extend her legislative call explicitly to health care. Many legislators had hoped she would so the looming demise of Insure Oklahoma could be addressed but majority Republicans likely have the votes to move a dozen or more bills through the pipeline three weeks from now.

Fallin’s Executive Order 2013-30 specified that “any legislative should be drafted in such a way to ensure that Article 5, Section 57 of the Oklahoma Constitution, or any other Constitutional provision, is not violated.”

Twelve-month gross receipts to the Oklahoma treasury are at an all-time high

Twelve-month gross receipts to the Oklahoma treasury are at an all-time high, having surpassed in July the previous record high set in December 2008, State Treasurer Ken Miller announced today at a State Capitol news conference.

Gross receipts for the past 12 months total $11.3 billion and are $12.6 million, or 0.1 percent, above the previous record high, Miller said.

“By at least this one measure, Oklahoma has regained and moved past the ground it lost during the Great Recession,” Miller said. “The revenue recovery – from peak to peak – took four years and seven months.”

Twelve-month gross receipts hit a trough in February 2010 of $9.4 billion. Since then, collections have grown by more than $1.9 billion or 21 percent, Miller said.

Gross receipts in July were strong, totaling almost $924 million, up by $69 million or more than 8 percent from July of last year. All major revenue categories are up with the biggest increases coming from gross production and motor vehicle tax collections.

Tax officials say motor vehicle collections, up by 11 percent, and sales tax collections, up by 4.2 percent, were impacted by recovery from the May tornadoes, with rises reported in the retail construction materials and auto sales sectors.

Monthly receipts from oil and natural gas severance taxes are higher than collections from the prior year for a third consecutive month, following more than a year of negative reports. 

This week’s Baker Hughes report showed 168 development wells underway in Oklahoma, with 149 for oil and 19 for natural gas. Of those, 152 are horizontal and 13 are deeper than 15,000 feet.

Oklahoma’s employment picture remains better than the national average. June state unemployment was set at 5.1 percent, compared to the U.S. rate of 7.6 percent for the same month.

Looking forward

Miller said that while national economic growth has been underwhelming during the first half of the year, there are signs of an improving economy ahead.

“Broad economic indicators such as home construction, capital stock and investment, and inflation-adjusted income, are pointing toward increased growth, but threats remain,” he said.

“Second quarter growth was slightly impacted by federal spending reductions, especially military spending cuts, but the economy was strong enough to push past this fiscal drag,” Miller said. “Accelerated growth is expected for the remainder of the year, but a continued budget impasse in Washington could lead to a government shutdown and potential disruption of the economy.”

July collections

Receipts for July set gross collections at $923.85 million, up $68.88 million or 8.1 percent from July 2012.

Gross income tax collections, a combination of personal and corporate income taxes, generated $270.73 million, an increase of $23.39 million or 9.5 percent from the previous July.

Personal income tax collections for the month are $258 million, up $23.26 million or 9.9 percent from the prior year. Corporate collections are $12.73 million, up by $132,000 or 1 percent. The state’s top income tax rate was reduced from 5.5 percent to 5.25 percent in January 2012.

Sales tax collections, including remittances on behalf of cities and counties, total $369.22 million in July. That is $14.78 million or 4.2 percent higher than July 2012.

Gross production taxes on oil and natural gas generated $69.45 million in July, an increase of $11.13 million or 19.1 percent from last July. Compared to June reports, gross production collections are up by $1.6 million or 2.4 percent.

Motor vehicle taxes produced $64.33 million, up by $6.37 million or 11 percent from the prior year.

Other collections, consisting of about 60 different sources including taxes on fuel, tobacco, horse race gambling and alcoholic beverages, produced $150.11 million during the month. That is $13.21 million or 9.6 percent more than last July.

Twelve-month collections

Between August 2012 and July 2013, gross revenue totals $11.3 billion. That is $299.81 million or 2.7 percent higher than collections for the previous 12-month period.

Gross income taxes generated $4.15 billion for the period, reflecting an increase of $268.97 million or 6.9 percent from the prior 12 months.

Personal income tax collections total $3.52 billion, up by $189.47 million or 5.7 percent from the August 2011 to July 2012 period. Corporate collections are $629.03 million for the period, an increase of $79.5 million or 14.5 percent over the previous period.

Sales taxes for the period generated $4.22 billion, an increase of $157.69 million or 3.9 percent from the prior 12-months.

Oil and gas gross production tax collections brought in $726.2 million during the 12 months, down by $125.99 million or 14.8 percent from the previous period.

Motor vehicle collections total $682.47 million for the period. This is a decrease of $10.94 million or 1.6 percent from the trailing fiscal year.

Other sources generated $1.52 billion, up $10.08 million or 0.7 percent from the previous 12 months.

Ethical Violations and Retaliation: How to Get Promoted at the Bureau of Indian Affairs

From Cause of Action

According to a Department of the Interior, Office of the Inspector General (DOI OIG) report  and numerous complaints filed by Bureau of Indian Affairs (BIA) employees, Jeanette Hanna, the former Regional Director of the Eastern Oklahoma Regional Office of the BIA, mismanaged tribal trust funds, abused her authority, retaliated against employees, steered contracts, and had an inappropriate relationship with a government contractor that created a conflict of interest.  The DOI OIG report reveals that there were at least 17 formal complaints, 2 separate DOI OIG investigations, and 4 different reviews by the BIA and the DOI Office of Policy, Management and Budget (PMB) of Hanna’s behavior between 2005 and 2011.  Just how badly must a federal employee behave before getting fired?

In November 2009, the BIA placed Hanna on detail in Washington, DC, while the Office of the Assistant Secretary for Indian Affairs (AS-IA) reviewed her alleged ethical violations.  Hanna remained on detail for more than 500 days longer than allowed by agency rules.  However, no action was ultimately taken by the AS-IA, so the DOI OIG initiated an investigation in August 2011 after receiving information that BIA officials failed to act on the complaints against Hanna.

During the AS-IA’s formal review of the complaints against Hanna, investigators interviewed BIA employees who were “physically shaking” because they were so afraid Hanna might retaliate against them.  As the AS-IA discovered, Hanna had previously installed 40 “extra” security cameras with live feeds she used to monitor employees in her regional office, and the initial AS-IA report confirmed that Hanna engaged in retaliation and harassment of employees.  However, this report appears to have been ignored by higher ups at the AS-IA, who dismissed the findings as “minor personnel issues” and just so happen to be friends with Hanna.

Hanna not only fostered a hostile work environment.  The DOI OIG’s report ultimately found that the failure of the BIA and AS-IA to ensure Hanna followed agency spending procedures cost the government nearly $200,000.  After reviewing travel vouchers from Hanna’s detail filed by the AS-IA (to whom she had been assigned even though it was the AS-IA investigating her), investigators found an almost complete failure to comply with tax laws and agency regulations.  In sum, Hanna was reimbursed over $130,000 in travel costs, as she often traveled between Oklahoma and DC, with her $117-a-night hotel room sitting empty for weeks for at a time.  Perhaps even more outrageous, Hanna decided she required an agency-provided SUV for the over-two-year detail in DC “because of the snow,” as she later explained to investigators.

Following the DOI OIG’s referral, the U.S. Attorney’s Office (USAO) for the District of Columbia declined to prosecute this case.  While the USAO might have determined that the evidence did not warrant a criminal prosecution (even though Hanna still owes significant back taxes on her travel reimbursements), it is disturbing that such blatant disregard for agency regulations and federal law has warranted no punishment for Hanna.

To read the full story, see CoA’s investigation analysis here.