Correction This story originally incorrectly stated the number of bills passed during the legislative special session. The story has been corrected.
OKLAHOMA CITY - The House took some persuading, and even then the Republican leadership and the Fallin administration didn't get exactly what they wanted, but a sheaf of 23 lawsuit reform bills went through the final stage of adoption by the Oklahoma Legislature on Monday to bring a weeklong special session to an end.
The bills are intended to replace a single, omnibus measure enacted in 2009 and declared unconstitutional by the state Supreme Court in June. The bills are intended to correct the 2009 law's violation of the state's single-subject rule. One bill, the most controversial, deals with the so-called certificate of merit requirement, which the court has twice thrown out on other grounds.
House Speaker T.W. Shannon had to come out on the House floor to rustle up the last few votes on that one, SB 1x, as 15 Republicans joined the 21 Democrats on the floor in voting no. Three other Republicans voted "constitutional privilege," and three more were absent, leaving Shannon the bare minimum 51 votes needed for passage.
He never did get the 68 votes needed for the emergency clause, a small victory for the Democratic minority that went through the special session kicking and screaming to the end. The emergency clauses on the last three bills through the House also failed, this time because too many Republicans had left and none of the remaining Democrats cared to bail out the majority.
The failed emergency clauses were the only items on Gov. Mary Fallin's to-do list not to be checked.
The bills with emergency clauses will become law as soon as they are signed by Fallin. The ones without won't become effective until 90 days after signing.
While the House slogged through a daylong session, the Senate hardly bothered to meet at all. It was in session less than 90 minutes and unanimously passed all 11 bills on its agenda without debate.
Senate President Pro Tem Brian Bingman, R-Sapulpa, said the Senate completed its business in a very timely fashion.
"We can shut the door on the special session," Bingman said.
Senate Minority Leader Sean Burrage, D-Claremore, criticized Republicans for calling a special session to deal with the legislation but said Democrats did not put up a floor fight because they had supported the 2009 law.
House Democrats, as has been their wont of late, were not so accommodating. They contested almost every aspect of the proceedings, from form to substance, referring at every opportunity to the "special interest special session."
"This was a self-induced crisis but a way to get in the news for a few days and maybe raise some money," said Democratic Floor Leader Ben Shearer, D-Chouteau.
Only on the certificate of merit issue were Democrats able to find common cause with a silent minority of Republicans. No Republican spoke against SB 1x, but clearly some bought the Democratic argument that the measure was unwise or unconstitutional or both.
SB 1x mandates that a relevant expert certify the viability of any negligence claim that is likely to require expert testimony. The state Supreme Court has thrown out earlier versions of the law as being a "special bill" and presenting an unconstitutional barrier to the courts.
Rep. Mark McCullough, R-Sapulpa, said the latest version meets constitutional muster because it includes all negligence claims, not just those involving professional malpractice, and it waives the $40 certificate of merit filing fee for those who can't afford it.
Opponents argued the problem is not the $40 filing fee but the cost of the expert opinion.
McCullough faulted the court's reasoning and that of his opponents.
"In reality, where would anybody be able to file (a lawsuit) unless they have the funds to pursue it," he said.
Shannon, in his summation of the special session, continued his attack on the judiciary, referring to the "damage caused to Oklahoma's businesses and medical providers" by Supreme Court's decision.
His remark heightened expectations that next spring's regular session will push for term limits and direct election of appellate judges, possibly on partisan ballots, as a way to come up with courts more agreeable to Legislative leadership.
Gov. Fallin's signature (or not) the next step
On Monday, the House and Senate gave final approval to 25 bills dealing with lawsuit reform.
The bills now go to Gov. Mary Fallin for consideration. Fallin has 15 calendar days to sign or veto each of the bills; bills not signed after 15 days are automatically vetoed.
Bills approved with an emergency clause become effective immediately upon signing; those without emergency clauses become effective 90 days after signing.
Provisions of the bills include:
- Certificate of merit required in all negligence cases for which an expert witness is likely to testify. The certificate is an affidavit from an expert in a relevant field for filing of a professional negligence lawsuit. The state Supreme Court has twice ruled such certificates unconstitutional because they constitute a "special law" that "places an impermissible financial burden" on potential plaintiffs.
- Limits liability for products that are "inherently unsafe and known to be unsafe by the ordinary customer."
- Exempts certain records from discovery in professional malpractice cases.
- Allows seat-belt use by minors to be considered in determining liability in automobile crashes.
Randy Krehbiel 918-581-8365
randy.krehbiel@tulsaworld.com
Barbara Hoberock 405-528-2465
barbara.hoberock@tulsaworld.com
Original Print Headline: Lawsuit reform bills passed
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