Sidney Lee, Quorum Call
(QC) The Senate passed multiple measures Monday that would significantly change the court system, if passed into law and found constitutional, which is in question with at least one measure.
Most of these measures were brought by Sen. Brent Howard, R-Altus, and all were questioned by Sen. Michael Brooks, D-Oklahoma City.
SB1065 , by Howard and Rep. Mark Lepak, R-Claremore, increases the maximum limitation on compensation for a noneconomic loss. It passed 37-8.
Brooks asked if this concept already had been deemed unconstitutional by the Oklahoma Supreme Court. Howard said only one justice who was still on the court when that ruling was made agreed with that ruling, and the other three dissented, so he believes this retooling of that original legislation will be found legal.
Brooks also questioned whether this would “disproportionately” impact children, elderly and disabled Oklahomans since those are the groups that most often receives compensation for noneconomic loss.
“It is a straight number and it is equally applied,” Howard said.
He also pushed back on claims from Brooks that the number was “picked from the sky” and said he personally came to this number after considering how interest would impact the $350,000 limit set in 2011.
In debate against the bill, Sen. Carri Hicks, D-Oklahoma City, shared a story about a 6-year old girl in her district who had been mauled by a dangerous dog and said the majority of the compensation she and her family received had been for noneconomic compensation.
“This change would limit justice for Oklahoma families. That is why I am voting no,” Minority Leader Julia Kirt, D-Oklahoma City, said in her debate against the bill.
Howard said he understands the stories and concerns brought forward, but he believes this legislation will bring some stability for medical practitioners who want to live and work in Oklahoma. He also said there are exceptions in the bill, and he also sees this as part of larger work on tort reform, which includes lifting certain caps and limitations on compensation.
Three other bills also passed off the Senate floor that would also impact the state’s court system:
• SB0632, by Senate President Pro Tempore Lonnie Paxton, R-Tuttle, and House Speaker Kyle Hilbert, R-Bristow, creates business court divisions in certain judicial districts and provides for the appointment of business court judges. The bill was presented by Howard, and it passed 40-6.
• SB0625, by Howard and Rep. Erick Harris, R-Edmond, requires the production of a commercial litigation funding agreement upon request under the Oklahoma Discovery Code. The measure passed 39-8.
• SB0726, by Sen. Aaron Reinhardt, R-Jenks, and Rep. Mark Tedford, R-Tulsa, provides a certain insurance exemption. The bill passed 40-7.