March 4, 2011
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March 07, 2011
This week at the Oklahoma Legislature, Committees in both the Senate and House have completed their work. Any bill not heard in Committee is now considered dead for this session and will show dormant on your bill tracking report. Below is a review of action taken on legislation this week pertaining to multiple areas of public policy that are at the forefront of legislative discussion.
Lawsuit Reform
Senate Bill 862 by Senator Anthony Sykes, R-Moore, received bi-partisan approval by a vote of 32-15. If signed into law, the bill will eliminate joint and several liability. The measure will protect defendants from judgments that exceed their liability. SB 862 will ensure that defendants remain responsible for the portion of damages to which they are at fault. SB 862 is now in the House of Representatives for further consideration.
The House Judiciary Committee passed House Bill 2128 by Speaker Kris Steele, R- Shawnee, by a 10-6 vote. HB 2128 places a $300,000 cap for noneconomic damages in all civil actions. HB 2128 includes language designed to protect individuals who have suffered injuries arising from bodily harm by declaring that awards rendered for actual economic losses would not be subject to any limitations. The proposal is aimed at establishing fairness in the civil justice setting by striking a balance in protecting the rights of victims and guarding against abuse of runaway juries.
Currently, Oklahoma does not have a cap in place for noneconomic damages. A compromise bill signed into law in 2009 was contingent upon the creation of an indemnity fund and would have imposed a $400,000 cap for negligent cases. However, the indemnity fund never received an appropriation and did not take effect. This session the Legislature is pursuing reforms that are not dependent upon additional taxpayer funding. The reforms contained in House Bill 2128 could reduce the burden and costs on businesses while encouraging job growth across the state. This is a critical component in reaching our state’s economic potential.
For additional information, please see the following stories:
Senate Press Release: Additional Lawsuit Reform Legislation Passes Full Senate
AP: Oklahoma Senate approves another civil-justice change
Oklahoman: Oklahoma House bill would limit pain, suffering damages in lawsuits
House Press Release:
Legislative Leaders Push Forward with Lawsuit Reforms
Economic Development
Aerospace Tax Incentive Bills Pass In House A&B and Full Senate - Senate Bill 3 by Senator Mike Mazzei, R-Bixby, and House Bill 1008 by Rep. Skye McNiel, R-Bristow, both passed this week. These bills would restore the aerospace engineering tax incentives, which will help grow the industry in Oklahoma and create new jobs. SB 3 passed the Senate and now goes to the House for further consideration, while HB 1008 was passed out of the House Appropriations and Budget Committee and now moves to the full House for a vote.
The aerospace tax was included in a list of tax credits targeted for a two-year moratorium by lawmakers and the governor last session. The tax credits allow aerospace engineers to receive some tuition reimbursement if they come to work for a company in Oklahoma within one year of graduation. The law also grants a tax credit to an aerospace company for compensation paid to a qualified employee.
For additional information, please see the following stories:
Journal Record: Bill would save credit for aerospace
Tulsa World: Senate votes to ax state income tax
Public Health
Supplemental Hospital Offset Payment Program Act: House Bill 1381 by Rep. Doug Cox, R-Grove, passed the House Full Appropriations and Budget Committee this week. HB 1381 would impose a 2 percent fee on a hospital’s net revenue, which is expected to generate about $105 million. That money would then be used to draw about $220 million in federal matching funds. This fee would not be passed on to the consumer. HB 1381 now advances to the full House.
Education
Teacher Due Process Act: House Bill 1380 by Rep. Corey Holland, R-Marlow, and Senator John Ford, R-Bartlesville, passed the House Common Education Committee this week. HB 1380 eliminates trial de novo, which would allow greater authority for school administrators to eliminate non-performing teachers. The committee substitute reinstates tenure into the bill. HB 1380 now goes to the full House.
Charter School Bonds: A measure that allows charter schools to issue bonds or levy taxes passed the House Full Appropriations and Budget Committee 8 to 3 this week. House Bill 1855 by Rep. Jabar Shumate, D-Tulsa, and Senator Judy Eason-McIntyre, D-Tulsa, now moves to the full House for consideration.
Concealed Handguns: Two measures passed the House Public Safety Committee this week relating to concealed weapons on CareerTech, college and university campuses. House Bill 2087 by Rep. Randy Terrill, R-Moore, would allow licensed faculty and administrators at colleges and universities to carry concealed weapons on campus, unless the university president banned the practice. University presidents now may grant permission on a case-by-case basis to faculty and administrators who have concealed handgun permits to carry their guns on campus. House Bill 1652 would allow students, teachers and visitors who have permits to carry concealed weapons to take their guns to CareerTech centers and leave them locked in their vehicles. Both bill go the full House.
For more information, please see the following story:
Oklahoman: Bill would let Oklahomans vote on open carrying of handguns
Online Charter Schools: Senate Bill 278 by Sen. Gary Stanislawski, R-Tulsa, passed the Senate Appropriations Committee this week. SB 278 adds online charter schools to the Oklahoma Charter School Act and allows for the school to not have a physical location if it is sponsored by the State Board of Education. The State Board of Education would oversee and control information and testing that would go through the online charter school.
Equal Opportunity Education Scholarship Act: Senate Bill 969, creating a tax credit scholarship program, has passed the Senate Finance Committee. SB 969 by Senator Dan Newberry, R-Tulsa, would allow tax credits of up to $1,000 a year for individuals and $2,000 a year for couples for contributions to eligible scholarship-granting organizations. Credits would also be available to businesses, with total value of the program limited to $10 million.
For more information, please see the following stories:
Senate Press Release: Committee approves Oklahoma Equal Opportunity Education Scholarship Act
Tulsa World: Private school tax credit advances in Senate
Pension
Pension Funding Accountability Act: House Bill 1007, which creates the Pension Funding Accountability Act, cleared the Oklahoma House of Representatives. The measure by Rep. Randy McDaniel, R-Oklahoma City, and Senator Mike Mazzei, R- Tulsa, provides for the monthly transfer of revenues from the Teachers’ Retirement System Dedicated Revenue Revolving Fund to the Teachers’ Retirement System of Oklahoma (TRS) for the purpose of funding the system’s unfunded liability.
For more information, please see the following stories:
House Press Release: Lawmakers Advance Pension Accountability Act
Journal Record: Senate committee eyes pension systems’ reform
Senate Press Release: Senate Pensions Committee Gains Bi-Partisan Support for Proposals; Endorses Major Reforms Capable of Reducing the Unfunded Liability by Billions
Immigration
The House Judiciary Committee approved two immigration-related measures this week. House Bill 1446 by Rep. George Faught, R-Muskogee, would give law enforcement officials more authority to check the immigration status of motorists. Its author said the measure mirrors some parts of Arizona‘s anti-illegal immigrant law passed last year. The other bill, House Bill 1552 by Rep. Sally Kern, R-Oklahoma City, would prohibit foreign laws from being enforced in state courtrooms. Both measures now go to the full House floor.
For more information, please see the following stories:
Oklahoman: Oklahoma House panel backs comprehensive anti-illegal immigration measure
House Press Release: Committee to Hear New Immigration Reform Today
Insurance
Bills attempting to change Oklahoma workers’ comp provider do not advance
Two measures attempting to change the makeup of the state’s workers’ compensation insurance agency did not win passage by a Housecommittee Thursday. House Bill 1406, which would have allowed the state agency to be turned into a system owned by its policyholders, or what is known as mutualization, failed by a vote of 4-7 by the House of Representatives Insurance Committee.
Another measure, House Bill 2071, would have allowed a private company to take over a part of the claims management for CompSource Oklahoma, the state’s workers’ compensation insurer of last resort. The language of the bill was inserted Wednesday night into the measure, which had been a so-called shell bill or one that contains nonspecific wording.
Both bills won’t be able to advance this session, however language in the measures could be inserted in bills that are still alive this session. Thursday was the deadline for House bills to be passed out of House committees.
A legislative task force met in 2009 and voted for mutualization. Legislation calling for the sale of CompSource failed to advance last year.
Agency Consolidation
A significant consolidation of state government administrative overhead has cleared the House 65 to 28 and now heads to the Senate. House Bill 2140 proposes to consolidate seven of Oklahoma’s central service state agencies into one agency. House Speaker Kris Steele, R-Shawnee, authored the legislation after an interim study found that Oklahoma could realize millions of dollars of savings if Oklahoma followed best practices that are occurring in other states.
For more information, please see the following stories:
House Press Release: Steele’s State Agency Consolidation Bill Moves to Senate
Review Weekly Bill Track
Please see the below listing of all action taken on legislation being tracked for you in this fourt week of the first session of the 53rd Oklahoma Legislature. Please thoroughly review the bill track and let me know of any concerns or any additional comments or insight you have about any legislation you see listed.
In order to take full advantage of the bill track listing, please note the following:
- At the top of each track is a “legend” showing the progress a bill has made which represents the color-coded bar just beneath the bill number.
- The “bill number” can be clicked on to read the legislation in its entirety, simply click on the bill number, then click on the word “Introduced” to open the bill.
- The name just to the right of the bill number shows the legislation’s author.
- To the right of the bill author, you will see the “bill caption” which provides a brief overview of what the legislation pertains to.
- Underneath the caption you will see the “bill history” and a listing of the last five actions taken as the bill moves through the legislative process.
- Should you see a red “A” beside a bill number it indicates the bill has advanced and action has been taken since the prior week’s bill track.
Should you wish to review any other 2011 legislation filed, in addition to what is provided you in this bill track, you may do so by visiting the Oklahoma Legislative Service Bureau website at http://www.lsb.state.ok.us/.
March 2011
- March 3 – SENATE - Double-assigned Senate Bills Reported from 2nd Committee Deadline
- March 3 – HOUSE – Bills to be heard in House Committee Deadline
- March 17 – HOUSE & SENATE – Final Legislative Day for Final Passage of a Measure in House of Origin
- March 31 – SENATE – Double-assigned House Bills Reported from 1st Committee Deadline
