Tulsa World: Henry signs the lawsuit reform bill

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Henry signs the lawsuit reform bill
A measure banning abortions based on gender is also signed.

By BARBARA HOBEROCK World Capitol Bureau
Published: 5/22/2009 2:21 AM
Last Modified: 5/22/2009 3:24 AM

OKLAHOMA CITY — Gov. Brad Henry on Thursday signed into law one measure billed as a historic compromise on lawsuit reform and another placing additional reporting requirements on abortions.

Reforming the state's civil justice system has been a top priority for Republicans, who now control both the House and Senate.

"This legislation enacts reasonable and responsible reforms that improve the civil justice system without impairing a citizen's constitutional right to have his or her legitimate grievances appropriately addressed in court," Henry said.

Under House Bill 1603, damages for pain and suffering, also called noneconomic damages, are capped at $400,000, unless exceptional circumstances exist.

An indemnity fund is to be created to cover damages in excess of $400,000. How to pay for the fund has yet to be determined, but it will carry up to $20 million a year and cost under $1 million.

Court shopping of class-action lawsuits will be restricted. The measure also contains a provision for the review of attorney fees in class-action suits. The measure does not include an opt-in provision for class actions, rather than an opt-out provision, as prior proposals had contained.

An expert will have to certify that a professional negligence case has merit before it can proceed. That requirement will be waived for indigent plaintiffs.

Henry said it is time to "put this issue behind us" and give lawsuit reforms time to work.

"For more than two decades

tort reform topped the chamber's legislative agenda and was one of the last components needed to make Oklahoma a true pro-business state," said Mike Neal, Tulsa Metro Chamber president and CEO. "This reform bill protects businesses, citizens and workers."

Abortion: Henry also signed a measure banning abortion based on gender.

House Bill 1595 includes detailed reporting requirements for patients and physicians.

Supporters of the measure said the data is necessary to see if recent laws are having an impact in reducing the number of abortions.

Information to be reported by the physician performing an abortion include the woman's age, marital status and education level; number of prior pregnancies; reason for the abortion; method of the abortion; type of medical health insurance coverage; cost of the procedure and method of payment; whether an ultrasound was given; and the nature of the mother's relationship with the father of the fetus.

Zoning change notices

Among the bills signed into law Thursday by Gov. Brad Henry was a measure to give property owners more notice when zoning changes are requested for multifamily housing, treatment and transitional-living facilities, and halfway houses.

House Bill 1424 by rep. Eric Proctor, D-Tulsa, requires those seeking a change to notify property owners within a quarter of a mile from a proposed facility by mail, 30 days in advance of the zoning hearing.

The bill was requested by Proctor’s constituents who felt they weren’t properly notified of a new apartment complex at 10 N. Yale Ave. for chronically homeless and mentally ill people.

“Neighbors have the right to know what is going to be placed in their backyard that could potentially affect their property values and family’s safety,” Proctor said.

Barbara Hoberock (405) 528-2465
barbara.hoberock@tulsaworld.com By BARBARA HOBEROCK World Capitol Bureau

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Some reader comments for this story were copied from "Henry signs Oklahoma lawsuit reform, abortion measures," which was published on 5/21/2009.

	Report Comment insider9909, Cushing (5/21/2009 2:54:39 PM) I think Henry should change parties. He has sold his soul to the devil.
	Report Comment Graychin, Eucha (5/21/2009 2:54:42 PM) Both are bad bills. I wish we had a Democratic governor.
	Report Comment Ignatz, Broken Bow (5/21/2009 2:56:57 PM) Since the Republican legislature has been so kind to the insurance industy they should at least have gotten one or two to locate their corporate headquarters here. I guess they are just satisfied with personally getting bribes, oops.."contributions" rather than letting us all get some of the pay-offs.
	Report Comment Arbythree, Tulsa (5/21/2009 3:01:25 PM) Good one Graychin!
	Report Comment waynes world, (5/21/2009 3:01:43 PM) Yea! Thank you Governor Henry
	Report Comment anticommi, (5/21/2009 3:06:02 PM) So you people are saying its ok to have an abortion based on the sex of the child?? What kind of lunatics are you!
	Report Comment peelumba, (5/21/2009 3:07:05 PM) ok what did you ditto heads do with our govenor! He is being an idiot
	Report Comment peelumba, (5/21/2009 3:07:44 PM) anti that is just a smoke screen and you know it
	Report Comment anticommi, (5/21/2009 3:11:51 PM) peelumba, you've got to be kidding me. Can you not read. Let me post it for you again..."Henry also signed a measure banning abortion based on the gender of the fetus". How is that smoke screen.
	Report Comment TK1, (5/21/2009 3:18:20 PM) Looks like a Henry vs. Coburn senate race to me. May the best doctor win.
	Report Comment peelumba, (5/21/2009 3:21:18 PM) have you ever read the bill? Only an idiot would impose their values and beliefs on others thru total ultraconservative legislation that should have never seen the light of day. Thanks to the local good ole boy thought police republicans in Okc. Worthless piece of legislation. How many times do you suppose a patient has said "I am only seeking an abortion because I wanted a boy not a girl"? Stupid leglislation for the simpletons to get excited about
	Report Comment Eric, Tulsa (5/21/2009 3:24:51 PM) ... Regardless of my beliefs about abortion, House Bill 1595 is another example of government intruding (and controlling) our private lives. ... A pox on Gov. Henry and a pox on those who voted for this bill. ... There are no real Republicans in the state legislature, as true GOP'er would want LESS government control in the private sector. What we have here are elected officials no better than communists. ... .. .
	Report Comment anticommi, (5/21/2009 3:32:35 PM) peelumba, you stupid idiot. Look at what your lovely president is doing. Imposing his beliefs on us. But you won't say anything about him though. They are already allowing this in Sweden?(I think) and it was just a matter of time before some stupid idiot decided they would want to do it based on the sex of the child. Have you read the bill? I thought not so shut up with you acting like you know everything.
	Report Comment storyweaver, Okmulgee (5/21/2009 3:36:50 PM) I thought conservatives wanted less governmental intervention into our lives. I do not know of any women in this country who have abortions because of the gender of the fetus. If they are doing that, all they have to do is lie when asked the question. There is no way to prove otherwise. The point to stir people up who think they are being "pro" life. It is also an attempt to intimidate women who are having a legal, medical procedure. It is an invasion of privacy and an attempt to bully women. Shame on the legislators and the governor.
	Report Comment Zoomin-in, Tea Town (5/21/2009 3:37:42 PM) More grandstanding from the gov. I agree abortion is offensive, but consider that other countries have moved-on from the abortion debate and have lowered the amount of abortions. Instead of debating abortion, why not get people education, so abortions won't be needed. Why is this women's issue being decided by people who don't get pregnant?
	Report Comment anticommi, (5/21/2009 3:38:47 PM) IMO, where did it say anything about the interrogation of women? You are making it worse than it sounds.
	Report Comment Lance-a-lot, Tulsa (5/21/2009 3:41:47 PM) The lawsuit reform was absolutely necessary and a very good bill with support from both parties. Anyone who opposes tort reform really should get their head checked. I dealt with a case recently where a lady wanted $4 million for whiplash froma car wreck. Of course, it was WAY more than whiplash to hear her explain it... what a joke. You want to know why you pay so much for insurance? It is because the insurance companies have to pay out the nose time and time again to settle frivilous lawsuits and avoid the mroe costly litigation. As for the abortion bill, even though I am pro life, it does seem very intrusive. Very sneaky to tie the bill to "statistics and to see if abortions are going down".
	Report Comment anticommi, (5/21/2009 3:42:02 PM) storyweaver, there will always be things that the government has to step in and do. While I would like less gov't intervention there are things that do need to be addressed. So do you think its bad that the government intervened to outlaw slavery?? Me neither.
	Report Comment Ignatz, Broken Bow (5/21/2009 3:48:28 PM) Lancealot, and the person "wanting 4ml" got...? No point to your comment.Not a single point you try to make is supported by facts. Just insurance propaganda. anticommi, thank you for the loony comments, another wack job to "ignore."
	Report Comment LeftieTulsan, Tulsa (5/21/2009 3:49:16 PM) I feel so sorry for the insurance companies. They collect premiums and never pay anything. That is one multi-billion dollar industry that I think needs more compassion from ordinary citizens for the tireless effort they go to screw their customers over. I'll be interested to see how much our premiums drop after this bill has had a few years to tackle the overzealous little people.
	Report Comment vrcTulsa, Okmulgee (5/21/2009 3:52:17 PM) The lawsuit matter to me is a good bill to be passed. Banning an abortion because of the sex of the fetus, is a great ban. Abortion should be the womans choice regardless of sex. However, the last one about abortion reporting to me is crap. Oh and the 'pro-life' agenda is in that bill, when they have to ask rather they had an ultrasound or not. C'mon....I can't believe Henry passed that last one, shame on you Mr. Henry.
	Report Comment psychedelikrelik, Tulsa (5/21/2009 4:21:58 PM) OMG! That's NOT our Governor! It's a pod person!
	Report Comment Eagle 4, Tulsa (5/21/2009 4:31:59 PM) I think the lame duck just quacked up!
	Report Comment peelumba, (5/21/2009 4:47:00 PM) anti comma what a shroom you are. The bill requires extensive and intrusive questioning of the women. Obama has not imposed his beliefs on anyone only allowing the majorities voice to be heard for a change. Did you lose your crayons today? lol
	Report Comment djapt, Tulsa (5/21/2009 5:00:15 PM) Yes, shame, shame, shame on you Gov Henry. You should be dragging all familes and their docs into court to justify the end-of-life directives they've imposed on their too-much-trouble elderly relatives as well. Please, everyone watch the movie from 2005 called The Island before you let the insurance companies control everything legal (or illegal in this case). Also, Gov Henry, I hope you are not getting tortured by the wireless abuse that is happening-- you probably won't be able to find a lawyer to take your case for $400,000.

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