Governor finds flaws with tort reform bill
Gov. Brad Henry has found “a number of flaws” in the tort reform bill passed last week by legislators, according to a letter he wrote to a Republican Senate leader.
The governor has until Saturday to approve or veto Senate Bill 507, which changes the way lawsuits are treated in court cases ranging from personal injury to medical malpractice.
Henry made the comments in a letter released late yesterday to Senate co-President Pro Tempore Glenn Coffee, R-Oklahoma City.
The governor’s correspondence was in response to a letter from Coffee, in which he asked the governor to approve the measure with the assurance another bill would be filed to clear up some provisions. Henry said the issues that would be corrected are minor, while he has found SB 507 “contains a number of flaws.”
“Although I have not completed my review of the 130-page bill, I have identified several additional areas of concern in my initial examination,” the Democratic governor wrote.
Henry also disagreed with Coffee’s assertion that SB 507 is identical to ideas about tort, or lawsuit, reform he proposed three years ago. They “differ greatly in terms of the details and outcomes for victims of negligence,” the governor wrote.
The bill would cap noneconomic damages, which generally are for pain and suffering, at $300,000. It also states a jury could award punitive damages only if it finds clear and convincing evidence of intentional or gross negligence.
With the deadline approaching, proponents and opponents of the tort reform bill are pleading their case.
Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform, said SB 507 would “drastically improve the litigation climate in Oklahoma.”
The group released a report Wednesday on state liability systems conducted by Harris Interactive; Oklahoma dropped five places, from 33rd in 2006 to 28th in 2007, she said.
“We believe that several of the provisions in SB 507 will help reverse the state’s downward trend,” she wrote.
Robert Bristow, AARP Oklahoma state president, said SB 507 would take away legal rights of the elderly and persons with disabilities who live in nursing homes.
“This measure would give nursing home administrators a free pass in abuse and neglect cases involving our state’s most vulnerable citizens,” Bristow said in a statement.
What do you think the governor should do? Should he sign it into law or veto it?
Michael McNutt
Capitol Bureau
Remembering crime victims
Debra Wyatt says it’s hard for her to take the advice of an Oklahoma prosecutor that she should consider herself a crime survivor
“I feel like a victim every day,” said Wyatt, whose parents were killed in 2003 in Depew and her sister was killed in a separate slaying two years later.
“It is a whole different kind of grief having someone taken from you,” she said to about 100, many of whom were crime victims, during a rally yesterday at the state Capitol.
The annual event, held as part of Oklahoma Crime Victims Rights Day at the Capitol, was moved indoors because of rainy, windy conditions.
Oklahoma County District Attorney David Prater told those gathered to not think of themselves as victims.
“You are survivors,” he said.
Wyatt’s 43-year-old sister, Linda Cantrell, was shot and killed in 2005 by her boyfriend, who then fatally shot himself.
Wyatt said she misses her parents, A.J. and Patsy Cantrell, every day.
The man convicted of the slayings, Scott Eizember, was sentenced to death for killing Wyatt’s 76-year-old father and sentenced to 150 years in prison for killing her 70-year-old mother.
“I didn’t get the opportunity to hold a dying parent’s hand,” she said. “All of that was taken from me not because he had to, but because he could.”
Eizember, 46, is appealing his death penalty. Wyatt said she fears the Oklahoma Court of Criminal Appeals could order another sentencing trial because his attorneys claim two jurors that sentenced him to die were leaning toward imposing the death penalty before the trial.
Carolyn Taylor said her life changed drastically in 1999 when her husband, Merle G. Taylor, was fatally shot in his Oklahoma City transmission shop as he tried to protect an employee and his daughter-in-law.
She said her work as a volunteer court-appointed special advocate in Oklahoma County helps her deal with her grief.
Also during the event, Warr Acres police Detective Elizabeth Green received a governor’s commendation for working with victims.
“You guys are my inspiration,” Green told the crime victims.
Michael McNutt
Capitol Bureau
Insults abound, apologies rare
Politics can be a brutal sport at times. Each lawmaker’s words are carefully parced, and often criticized by the members of the other party.
Today the argument continued between Republican Oklahoma City Rep. Trebor Worthen and Democratic Norman Rep. Wallace Collins. Worthen sent out a press release demanding an apology for comments Collins said that Worthen contends are offensive to public schools.
Collins said during discussion on a bill, “I’m only a public school graduate, so I’m not very literate, if you could talk to me in a manner I can understand.”
He was kidding, Collins said. Regardless, Worthen said the comments were unprofessional and deserve a reversal. “If he is able to be so flippant about something like this, I think it calls into question his so-called commitment to public education,” Worthen said.
You would think since the issue was brought up in a Tuesday press release that the comments were made today, but no, this argument started almost two weeks ago.
Lawmakers have also recently spent a good deal of time arguing over procedural matters, like whether an appeal of the chair can be tabled. Is this what lawmakers are sent to the Capitol to do?
Whether you think Worthen has a legitimate beef or not, do you think it is something worth bringing up two weeks later? Or is it just another move in the political game?
Jennifer Mock
Capitol Bureau
Give me a (tax) break
Despite several senators saying the state already offers too many tax breaks, two measures providing sales tax exemptions won approval today in the state Senate.
House Bill 2019 would provide a tax refund of $354,000 on the construction of a 225-room, $7 million hotel being planned near Remington Park. The measure passed, 27-19.
HB 1387 would give a tax credit equal to 40 percent of the amount paid for equipment and installation of a wind or solar energy system for five years. Business owners also installing the environmentally-friendly system would get a 40 percent tax credit for five years. It passed, 33-13.
Both measures go to the House.
“I do not think this is a wise path for us to follow,” said Sen. Clark Jolley, R-Edmond. “Where do we stop?”
Jolley said all the exemptions will make it harder for legislators to significantly reduce its income tax rate. He cited a study that showed states with no income tax are attracting more people.
Sen. Andrew Rice, D-Oklahoma City, said the tax credit for wind and solar power would be an incentive for people concerned about the environment.
Jolley suggested those wanting to feel good about doing something about the environment to plant a tree. He said a home improvement store estimates planting three acres of trees would have as much benefit on the environment as installing a solar panel system on a house.
Sen. Jay Paul Gumm, D-Durant, said the hotel would help the entire state by enticing more tourists and visitors to go to Oklahoma City’s Adventure District.
In addition to Remington Park, the area has a zoo, a couple museums and a softball complex, he said. Those going to softball games usually stay in motels in western Oklahoma City, he said.
“It makes good sense … not just for northeast Oklahoma City but for the entire state,” he said.
Senate author Richard Lerblance, D-Hartshorne, said it is “a common sense measure.”
“The construction of this hotel will only serve to make the area an even more viable destination for entertainment,” he said.
Lerblance said Oklahoma’s horse industry has been revived by gaming compacts which have allowed for limited gaming at race tracks. Purses and crowds have increased, along with tax revenues, he said.
“The approval of this exemption can encourage a major investment in one of the state’s most frequently-visited entertainment locations,” he said.
Sen. Tom Ivester, D-Sayre, asked Lerblance if he would vote for a similar exemption if a hotel was being built in his district.
“Sure, why not?” Lerblance said.
What do you think? When should tax credits or exemptions be given? Or should they?
Michael McNutt
Capitol Bureau
Romney’s absence noted
Presidential contender Mitt Romney’s decision to bail at the last minute from the Oklahoma Republican Party’s state convention last weekend may have cost him some support among delegates.
Romney, a former Massachussetts governor, was not among the top four finishers in a straw poll taken of the 885 delegates during Saturday’s convention in Oklahoma City. Romney was campaigning Saturday in South Carolina.
The top winner was Fred Thompson, former U.S. senator from Tennessee and former co-chief counsel to the Senate Watergate Committee in the 1970s. He can be seen playing the character of Arthur Branch in the NBC television series “Law and Order.”
Thompson, who has not announced he is running for president, received 32.5 percent of the votes.
Another unannounced candidate came in second. Former U.S. House Speaker Newt Gingrich received 15.2 percent.
Former New York Mayor Rudy Giuliani came in third with 9.4 percent. U.S. Rep. Tom Decredo, R-Colo., came in fourth with 8.6 percent.
Other results were not given.
Senate co-President Pro Tempore Glenn Coffee, R-Oklahoma City, told delegates he expects the GOP will gain control of the Senate next year. Voters actually elected 25 Republicans to the Senate, he told delegates, but Sen. Nancy Riley of Tulsa switched last year from a Republican to a Democrat.
He said he felt betrayed by her decision and predicted Republicans will target that seat.
Less than half the Republican delegates attended Saturday’s convention. Jeane Hershey of Hooker was the only delegate from the three counties in the Panhandle to attend.
She said she made the nearly 300-mile trip to Oklahoma City even though a few days earlier she completed her seventh week of radiation therapy for cancer.
Michael McNutt
Capitol Bureau
A vote for your quarter
Have you voted yet?
Oklahoma’s commemorative quarter will be issued early next year and Oklahomans have the chance to choose its design.
Don’t put it off. You only have two weeks to vote for your favorite.
The vote on the quarter begins today and ends at 5 p.m. April 27.
You may look at the designs and vote for your choice by going to this Web site: www.gov.ok.gov/coin.php. One vote per computer is allowed.
People without easy access to the Internet can mail their preference to:
State Quarter Contest
Office of the Governor, Suite 212
State Capitol Building
Oklahoma City, OK 73105
This continues a design selection process that Gov. Brad Henry came up with last year to let Oklahomans have the final word on the quarter’s design.
The process began last year, when two committees reviewed hundreds of designs submitted by Oklahomans and subsequently agreed on 10 final proposals. The governor asked Oklahomans to choose the five finalists that were then submitted to the Treasury Department.
The five designs are representations of the Pioneer Woman statue in Ponca City, gushing oil derricks, waving wheat, a windmill, the scissortail flycatcher (the state bird), Gaillardia (the state wildflower) and an American Indian peace pipe.
Michael McNutt
Capitol Bureau
Commendable campaign
What started in an Oklahoma classroom as a letter-writing campaign to support American military personnel serving abroad has spread to several states and countries.
Spencer Cluff, who started his Operation Kids4Troops in his MetroTech classroom, said more than 100,000 letters have been sent to troops serving in Iraq and Afghanistan and aboard ships.
He received a commendation today from Gov. Brad Henry for his efforts.
“I’m going to do it until they all get back from Iraq and Afghanistan,” Cluff said. “As long they’re on foreign soil, I’ll continue doing this to give them the support that they need.”
His idea spread slowly.
Cluff, who is in the Air Force Reserve, said he came up with the idea about three years ago after he saw some negative stories about the war in Iraq. Students responded to it by writing letters. His wife, Carrie, a Yukon elementary school teacher, told her students about it and soon they were writing letters to service members.
Cluff, 36, called school superintendents and by the end of the second year all 540 school districts were participating, he said.
Now 13 states, including New York, Arizona, Florida and West Virginia, and several countries, such as Bahrain and Saudi Arabia, are sending letters, he said.
Word spread quickly after a Web site was developed for the program. The address is www.kids4troops.com.
Anyone, not just students, can send letters to troops, he said. Names of service members serving overseas and their addresses also may be sent to the Web site.
Cluff, of Yukon, mails the letters and pays the postage. Donations may be made on the Web site.
Michael McNutt
Capitol Bureau
Oklahomans will soon see money trail
A bill seemingly destined for law passed the House today that will let Oklahomans see exactly how government is spending taxpayer dollars.
The legislation–Senate Bill 1–will create a Web site, where people can go and see how much money each state agency receives from the state and how each one uses the money it is given. State contracts and grants will also be detailed.
The bill passed without opposition in the House and Senate, a rare occurrence at the Capitol. Lawmakers on both sides say the bill will open up government and fuel accountability.
Is this Web site something you would use? Do you think knowing how government is spending money will lead to more fiscal responsibility?
Jennifer Mock
Capitol Bureau
45th Division Appreciation Day
Gov. Brad Henry will speak Tuesday to a joint session of the Oklahoma Legislature which is meeting to honor the 45th Division and the Oklahoma National Guard.
The joint session begins at 9:30 a.m. in the state House of Representatives Chamber.
The Division was organized in 1923 and fought in World War II and the Korean War.
It was retired in 1968 in a nationwide reoganization of the National Guard.
Some members of the Oklahoma Army National Guard are in units that still wear the 45th Division “Thunderbird” shoulder patch.
Since the division was retired, Guard members still have been called to active duty and served in places including Iraq and Afghanistan.
During Tuesday’s ceremony, two Guard members who were awarded Purple Hearts for wounds received in combat will be honored.
They Specialists Matthew Herndon, Kingston, and Criston Stone who received on Aug. 23, 2006, in Iraq.
John Greiner, Capitol Bureau
Military bases left out of budget proposal
Oklahoma’s five military installations – which state officials said were a major priority when under a federal magnifying glass two years ago – were shut out of receiving state funds in the budget proposal that won overwhelming legislative support.
The Oklahoma Strategic Military Planning Commission’s request for $3 million was not included in the $6.87 billion budget package lawmakers approved last month. Gov. Brad Henry since has vetoed the proposal; no progress has been made on coming up with a new budget.
Sen. Randy Bass, D-Lawton, a member of the commission, urged commission members, which include a representative from each of the communities with military installations, to contact legislators to make sure the funding is included in the 2008 fiscal year budget, which takes effect July 1.
The commission, since being formed in 2003, has received annual state appropriations of $1 million, commission Chairman Mike Cooper of Enid said.
Commissioners each year usually gave about $200,000 to the state’s five military installations – Altus Air Force Base, Vance Air Force Base at Enid, Fort Still in Lawton, the Army ammunition plant in McAlester and Tinker Air Force Base in Oklahoma City.
The money allows communities that are home to military bases to apply for matching grants for infrastructure and road improvements.
The seven-member commission was formed to help the communities make the military institutions less vulnerable for closing or downsizing in 2005 by the federal Base Realignment and Closure Commission. The military installations escaped closure.
The return on the state’s financial allocation to help communities with military institutions is huge, Cooper said.
For example, a $200,000 allotment to the city of Enid was part of the city’s $1.2 million share to build a new road so new security gates could be built at Vance Air Force Base, he said. The state chipped in $3.2 million of road funds. The Air Force built two gates, one costing $7.5 million and the other costing $16.5 million.
“With this about $4 million investment, just with the gates alone that means that you spent about $23 million in your community,” Cooper said.
Enid leaders were able to show the project to the closure commission representatives to illustrate how “the community and the state work together with the congressional delegation to make things happen.”
The military installations offer among the highest-per capita-income jobs and are the largest employer in their communities, Cooper said. The bases have an overall economic impact of about $8 billion to the state.
The commission asked for $3 million in funding for the upcoming fiscal year to further assist the military installations, he said. Some states, such as Texas and Mississippi, offer larger levels of financial support.
“It’s not just protecting the base, it’s more about enhancing or expanding,” Cooper said.
Michael McNutt
Capitol Bureau
