Saturday, February 19, 2011

Frankfort Infested with E-COAL-I!

There’s an E-Coal-I outbreak in Frankfort! The power brokers for the profit seekers in the EYE, COAL and usurious INTEREST industries have infested state government. Power Brokers “A” are those wanting favorable legislation and who therefore employ legions of lobbyists and lavish generous dollars to Power Brokers “B”, the legislators with the power to write the laws the way “A” wants them. Unfortunately too many legislators take the money and give their allegiance more to industry-donors than to the constituency they are supposed to represent: we, the people and the land on which we live. They are to do all they can to protect and promote the “common wealth” of our Commonwealth.

Collectively, the current mechanizations of the optometry, coal and payday lending lobbies provide a textbook example of the failures of our current political system, both here and in Washington, a failure which is and has been destroying our democracy and in the long term will destroy our nation.

It is not that there are two sides to each story, there are. Yet it is our legislators’ job to look at the facts, and weigh all the consequences, pro and con, of action or as the case may be, inaction. They are to do their own research and not just take what the big money lobbyists throw at them. They then must study issues coldly and objectively—like James Bond—then do what is best for the people and the greater public interest. They are, in short, supposed to lead and to do so in a way that reflects our highest values, chief among them truth, justice, compassion, and the Golden Rule.

But too often, and on these three issues, they have fallen short:

The OPTOMETRISTS:
The problem here is that Frankfort is rushing through the agenda desired and paid for by the Kentucky Optometric Association, which made more than $400,000 in contributions to the campaigns of 137 out of 138 legislatures and to Governor Beshear’s re-election campaign. The optometrists want to be allowed to perform certain surgical procedures and prescribe drugs, arguing that it will provide better service, particularly to rural patients who have less access to ophthalmologists. On the merits the half of the equation allowing for the prescription of certain medications seems appropriate—Kentucky is one of few states that does not allow it.

However, the provision allowing surgery—no matter how limited—is inappropriate and downright dangerous. The current accreditation system that has served us well insures that those who wield a knife or laser on our bodies are doctors who have undergone the requisite training and board certification. This time honored system should not be discarded lightly, if a t all. Indeed most states do not allow optometrists to do such surgeries.

Yet the bill has breezed through the House Licenses and Occupation Committee and will get a full House vote on Friday. You can be 100% sure that had those donations not been made there would be no movement at all on this matter, which is certainly not at the top of the list of items the legislature could and should be addressing on the people’s behalf.

COAL:
I get that coal is important—indeed I owe my life to it (my grandparents would not have immigrated to Eastern Kentucky if not for the coal boom in the late 19th/early 20thcentury). But mountaintop removal, unsafe mining practices and operations that run afoul of federal law must be stopped. The coal barons have had their way forever, now finally the Obama administration is re-asserting the federal government’s rightful regulatory role, which governor Beshear is doing all he can to obstruct.

Additionally, two bills have been submitted that have no chance of succeeding and if passed will only result in potentially millions in legal fees. Both seek to prohibit the federal government from enforcing its laws in the Kentucky. House Bill 421 exempts coal mining from the federal Clean Water Act and other EPA regulation if the coal is used inside Kentucky and does not cross state lines (but 20% of mine sediment goes into rivers that flows outside Kentucky which makes all mining subject to federal regulation) and Senate Joint Resolution 99, which declares that Kentucky should be a "sanctuary state" for the coal industry, free from "the overreaching regulatory power" of the EPA.

We fought the civil war to establish for ALL TIME the Constitutional principle of federal supremacy, and thank God for it, so that we are protected from the excesses of self-proclaimed fiefdoms who want nothing more than to do what they want the way they want to do it. Kentucky legislators who try to turn the clock back and who want to de-regulate the most hazardous industry around are violating their public trust.

PAYDAY LENDERS
Unbelievably HB 182, which would have capped yearly interest rates on pay day lenders at 36%, died in the House Banking and Insurance Committee. Those voting against the bill say that many poor people have no other access to emergency funds and that the payday industry employs 2000 people.

However, these lenders now charge what amounts to 400% annual interest. This is truly unconscionable and simply unbelievable in a supposedly “Bible Belt” state that is surely aware of the famous ancient screeds against usury. With interest rates as low as they are now, I would say 36% is approaching usury much less 400%. There is no justification for it whatsoever and the fact that our legislature lets it continue is an outrage.

The problem here, again, is twofold. The first is the undue influence of contributions from the industry. The second and perhaps more lethal problem is the failure of lawmakers to follow those high values of a just and righteous society.

Values matter. Individually, they are the indispensible guideposts to living a just, meaningful and rewarding life. On a societal level high values are the keystone upon which strong, equitable societies are built and are sustained. Every step away from these values chinks the foundation of our democracy, and thereby weakens it. If we fail to do justice, if we fail to follow truth, and if we fail to legislate with mercy, compassion and love (the Golden Rule) we imperil our future.

Richard F. Dawahare 2/19/11

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