A change in the Workers’ Compensation Court judicial appointments will bring more accountability to the system if legislation approved by the House today becomes law.
House Joint Resolution 1041 would require that gubernatorial appointments to the Workers’ Compensation Court be approved by Senate confirmation.
The process would mimic the Senate confirmation required of presidential judicial appointments at the federal level.
“Currently, workers’ compensation judges have no accountability to the people they are supposed to serve,” said Rep. Dan Sullivan, R-Tulsa and author of the bill. “Do we want to continue the politics of the status quo or the politics of making Oklahoma a better place to live for our citizens?”
Currently, District Court judges are directly elected and Civil and Criminal Appeals Court and Supreme Court judges all appear on a retention ballot at the end of their appointed term. The Workers’ Compensation Court judges are the only ones who never appear on a ballot, Sullivan said.
“It is crucial these judges know they are accountable to the people of Oklahoma, and this resolution would ensure there are checks and balances in the system to ensure it is fair for all Oklahoma workers,” said House Speaker Chris Benge. R-Tulsa.
The resolution passed the House today with a vote of 62-36 and will now be considered in the state Senate. If approved there, the change would go to a vote of the people.
A mother would not be able to abort her baby based solely on the sex of the child if legislation passed by the House today becomes law.
House Bill 1595 also creates the Statistical Reporting of Abortion Act, which requires physicians who perform abortions to report certain information to the Oklahoma State Department of Health.
“As medicine has advanced, it has become easier to genetically ‘design’ babies based on certain desires of the parents, including the sex of the child,” said Rep. Dan Sullivan, R-Tulsa. “In many countries, aborting babies because of their sex is a common practice, and this legislation will make sure such a barbaric practice will not happen in Oklahoma.”
The Health Department would be required to make state statutes and regulations related to abortion and the reporting forms available on its website if this legislation becomes law. Physicians in the state will also be notified about the requirements to report abortion-related information.
Finally, the measure directs the department to publish certain annual abortion reports on its website and to ensure compliance with the provisions of the act by conducting periodic inspections of places where abortions are performed.
“Oklahomans have a right to know how many abortions are being performed in our state,” said House Speaker Chris Benge, R-Tulsa. “We currently cannot say for certain how prevalent abortions are in Oklahoma. We must protect the lives of the unborn who do not have a chance to speak for themselves.”
The bill passed the House with a vote of 93-4 and will now move to the Senate for consideration.
Pro-life legislation prohibiting an abortion based on the sex of a child passed a House committee today.
The legislation, House Bill 1595 by Rep. Dan Sullivan, also creates the Statistical Reporting of Abortion Act, which requires physicians who perform abortions to report certain information to the Oklahoma State Department of Health.
“As designer babies become more prevalent, we must do all we can to ensure unborn children are not killed simply because a dad always dreamed of having a son,” said Sullivan, R-Tulsa. “The reporting requirement in this bill will also give Oklahomans detailed information about the abortions that are performed in our state on an annual basis.”
The Health Department would be required to make state statutes and regulations related to abortion and the reporting forms available on its website if this legislation becomes law. Physicians in the state will also be notified about the requirements to report abortion-related information.
Finally, the measure directs the department to publish certain annual abortion reports on its website and to ensure compliance with the provisions of the act by conducting periodic inspections of places where abortions are performed.
“As legislators, we must stand up for those who cannot defend themselves, especially the unborn,” said House Speaker Chris Benge, R-Tulsa. “This bill, in addition to pro-life measures passed in recent years, will make sure women have as much information as possible before making such a life-altering decision.”
The bill passed the House Public Health Committee today and will now move to the full House for consideration.
Legislation amending the state Constitution to reduce plaintiff attorney contingency fees to a maximum of 33 percent of the amount recovered on behalf of the injured party passed a House committee today.
Currently, contingency fees are capped at 50 percent, in addition to attorney expenses and costs. Because of that, many plaintiffs often receive less than half of the final recovery in a lawsuit.
If House Bill 1602 is approved by the Legislature, the change would go to a vote of the people.
The limit on contingency fees would be set at 33 percent of the first $1 million recovered, and 20 percent on awards above that amount. Attorneys would still be able to collect costs and expenses on top of the contingency fees collected in a case.
“This legislation would ensure injured parties receive more money than their attorneys,” said Rep. Dan Sullivan, House author of the bill. “We have a responsibility as legislators to look at what is a reasonable level for these fees, and this bill lets the people of Oklahoma ultimately decide.
“A vote ‘no’ on this bill is a vote for upholding the interests of attorneys over those who have been injured. It is as simple as that,” said Sullivan, R-Tulsa.
Contingency fees are often used in cases where clients cannot afford to pay for an attorney up front, and instead must commit to giving the attorney a large portion of any award recovered in the case.
House Speaker Chris Benge said this legislation is part of the House Republican agenda to build a pro-growth business climate in Oklahoma.
“We have made no secret that lawsuit reform is one of our top priorities this session,” said Benge, R-Tulsa. “Reducing frivolous lawsuits is critical to attracting business to our state and also reducing the cost of health care for working families. We hope this is the year we can get meaningful tort reform into law.”
The bill passed the House Judiciary Committee today and now moves to the full House for a vote.
Legislation ensuring injured workers are not forced into the political process by unethical attorneys deceptively withholding donations from workers’ compensation checks passed the House today.
House Bill 1601, by Rep. Dan Sullivan, would make it illegal for an attorney to deduct or withhold any portion of a client’s judgment or settlement proceeds “for the purpose of donating or contributing funds or monies to a political fund, political action committee, campaign of any kind, or candidate for state, federal or local office.”
“Injured workers should receive all the money they are due without worry that their lawyers will take a portion of the claim to fund political operations,” said Sullivan, R-Tulsa.
Last August, The Oklahoman reported that roughly $1 million had been donated to the Working Oklahomans Alliance PAC over the last decade with most of that money coming from injured Oklahoma workers, including several who told the paper they did not know they had “donated” the money to the PAC.
The Working Oklahomans Alliance PAC is run by workers compensation attorneys. The Oklahoman reported that the lawyers involved with the fund raised money for the PAC by withholding a portion of their clients' workers' compensation awards.
Several injured workers interviewed by The Oklahoman said they had no knowledge of the donations.
“I consider this legislation to be critical to protecting the trust Oklahomans have in the political process,” said House Speaker Chris Benge, R-Tulsa. “The decision to donate to political activities is one that must be made by each individual, not a group of lawyers seeking to take advantage of a worker in a vulnerable position.”
The bill passed the House with a vote of 62-36 and will now move to the Senate, where the measure is co-authored by Senate President Pro Tempore Glenn Coffee, R-Oklahoma City.
Legislation filed by state Rep. Dan Sullivan would ensure that unethical lawyers cannot siphon money from injured workers for political donations.
“Lawyers are supposed to represent their clients, not prey upon them,” said Sullivan, a Tulsa Republican and attorney. “Unfortunately, we know that some attorneys have been secretly bilking clients to fund political candidates. Those injured workers should not have their settlements turned into a slush fund for politicians.”
Last August, The Oklahoman reported that roughly $1 million had been donated to the Working Oklahomans Alliance PAC over the last decade with most of that money coming from injured Oklahoma workers, including several who told the paper they did not know they had “donated” the money to the PAC.
The Working Oklahomans Alliance PAC is run by workers compensation attorneys. The Oklahoman reported that the lawyers involved with the fund raised money for the PAC by withholding a portion of their clients' workers' compensation awards.
Several injured workers interviewed by The Oklahoman said they had no knowledge of the donations.
Sullivan’s House Bill 1601 would make it illegal for an attorney to deduct or withhold any portion of a client’s judgment or settlement proceeds “for the purpose of donating or contributing funds or monies to a political fund, political action committee, campaign of any kind, or candidate for state, federal or local office.”
“I look forward to stopping this practice so that injured workers’ compensation actually goes into their pockets and not the pockets of those looking for political gain,” Sullivan said. “Any injured worker that wants to make a political donation will obviously be free to do so at his or her individual discretion, but my bill will ensure the worker makes that decision.”
House Bill 1601 passed out of the House Judiciary Committee today. It now proceeds to the floor of the Oklahoma House of Representatives.
When it comes to choosing trial lawyers or teachers, Oklahomans now know where Gov. Brad Henry’s loyalties lie: The trial lawyers.
Friday Henry vetoed a bipartisan lawsuit reform bill that would have curbed lawsuit abuse against teachers and school administrators who enforce discipline in the classroom. The veto is a major blow to teachers and schools, but it protects Henry’s allies in the trial lawyer industry.
The School Protection Act, Senate Bill 1024, is authored by State Senate Co-Floor Leader Owen Laughlin, R-Woodward, and State Rep. Dan Sullivan, R-Tulsa. The bill was supported by the Oklahoma Education Association.
“It’s ironic that the self-described ‘education governor’ has put the interests of the ‘Big Trial Lawyers’ industry ahead of the interests of teachers and schoolchildren. It is very discouraging to see the lengths this governor will go to stop even the most modest of lawsuit reform proposals from becoming law in Oklahoma,” said Laughlin.
“Once again Governor Henry has vetoed a bipartisan lawsuit reform bill, and once again he has refused to tell the Legislature which reforms – if any – he is actually willing to support,” stated Coffee, R-Oklahoma City. “It’s becoming painfully clear there is no lawsuit reform proposal this governor will sign. We may have to go to a vote of the people if we ever want to accomplish meaningful lawsuit reform for Oklahoma.”
Here are Highlights of The School Protection Act :
Would have provided liability protection for actions taken in good faith by a school district for the out-of-school suspension of a dangerous or disruptive student pursuant to applicable Oklahoma Statutes.
Would have provided liability protection for losses or claims resulting from the use of “necessary and reasonable force” by a school district employee to control and discipline a student during the time the student is in attendance or in transit to and from the school, or at a school function.
Would have awarded attorneys’ fees and court costs to school districts that successfully defend a lawsuit against the district or an education employee.
Would have made it a crime for students to falsely accuse education employees of criminal activity.
The Oklahoma Senate voted 26 to 22 today to pass the School Protection Act, a bipartisan lawsuit reform bill providing teachers and schools protections from lawsuits. Last month the House of Representatives passed the bill by a 94 to 0 vote. It now goes to Gov. Brad Henry.
The School Protection Act, Senate Bill 1024, is authored by State Senate Co-Floor Leader Owen Laughlin, R-Woodward, and State Rep. Dan Sullivan, R-Tulsa.
“The School Protection Act protects teachers and principals from lawsuit abuse, giving school professionals the tools they need to maintain order, discipline, and a positive educational environment,” stated Laughlin.
“Too many teachers and schools are fearful that if they take common sense steps to maintain or restore order in the classroom, they will be subjected to lawsuits. Defending a lawsuit is expensive, even when the school wins,” Laughlin said.
Laughlin urged Henry to sign the bill.
“I’m a little concerned because the governor’s knee-jerk instinct is to veto any meaningful lawsuit reform bill that provides protections from lawsuit abuse. But we hope this time he will join the Legislature in helping our teachers and schools. I encourage him to sign SB 1024 into law,” Laughlin said.
HIGHLIGHTS OF THE SCHOOL PROTECTION ACT:
Provides liability protection for losses or claims resulting from the use of “necessary and reasonable force” by a school district employee to control and discipline a student during the time the student is in attendance or in transit to and from the school, or at a school function.
Provides liability protection for actions taken in good faith by a school district employee for the out-of-school suspension of a student pursuant to applicable Oklahoma Statutes.
Awards attorneys’ fees and court costs to school districts that successfully defend a lawsuit against the district or an education employee.
Makes it a crime for students to falsely accuse education employees of criminal activity.
A loophole that allows some state workers to obtain greater retirement benefits than they ever earned as a state employee was closed today by the House of Representatives.
Senate Bill 1641, by state Rep. Dan Sullivan, would ensure that elected officials will not receive retirement benefits "greater than their single highest annual compensation received as a member of the Oklahoma Public Employees Retirement System."
"Elected officials should not be earning more in
retirement than they earned while serving," said
Sullivan, R-Tulsa. "These excessive benefits
are being paid for on the backs of the hardworking
state employees that work for these officials. Our
pension system cannot continue to support these
unfair retirement benefits, particularly when so
many of our retired state employees are living
paycheck to paycheck."
Under existing law elected officials can pay a 10
percent contribution rate and elect to receive a
4 percent multiplier in their pension calculation
formula. In contrast, regular state employees pay
a 3.5 percent contribution rate and receive a 2
percent multiplier.
However, if an individual who worked for state or
county government retires as an elected official
with at least six years of elected service, that person
can have his or her benefit calculated using the 4
percent multiplier for all years of service, including
years when the individual was not in elective office
and paid only the 3.5 percent contribution rate.
Officials have indicated that more than 500 people
receive enhanced benefits because of the loophole,
which is costing the state hundreds of thousands of
dollars each year.
The most famous beneficiary of the loophole may be
former Auditor and Inspector Clifton Scott, who now
draws a pension of nearly $147,000 for a job that
paid $83,510.
Under Senate Bill 1641, benefits would be calculated
using the higher multiplier for only the years of service
in elective office.
Senate Bill 1641 passed out of the House by a vote of
58-41 and now returns to the Senate for final approval.
Legislators voted Thursday to close a loophole that allows some state workers to obtain greater retirement benefits than they ever earned in monthly pay as a state employee.
Senate Bill 1641, by state Rep. Dan Sullivan, would
ensure that elected officials will not receive
retirement benefits "greater than their single highest annual compensation received as a member of the Oklahoma Public Employees Retirement System."
"Currently, it is possible for some individuals to receive a bigger paycheck from the retirement system than they ever earned working for the state," said Sullivan, R-Tulsa. "That doesn't make sense and it is undermining the financial soundness of our state retirement systems."
Under existing law elected officials can pay a 10 percent contribution rate and elect to receive a 4 percent multiplier in their pension calculation formula. In contrast, regular state employees pay a 3.5 percent contribution rate and receive a 2 percent multiplier.
However, if an individual who worked for state or county government retires as an elected official with at least six years of elected service, that person can have his or her benefit calculated using the 4 percent multiplier for all years of service, including years when the individual was not in elective office and paid only the 3.5 percent contribution rate.
Officials have indicated that more than 500 people receive enhanced benefits because of the loophole, which is costing the state hundreds of thousands of dollars each year.
The most famous beneficiary of the loophole may be former Auditor and Inspector Clifton Scott, who now draws a pension of nearly $147,000 for a job that paid $83,510.
Under Senate Bill 1641, benefits would be calculated using the higher multiplier for only the years of service in elective office. "This is a common-sense reform that will bring equity to the system so that all state employment retirees are treated fairly and with more equality," Sullivan said. "It shores up our retirement system for all workers."
Senate Bill 1641 passed the House Economic Development & Financial Services Committee on Thursday and now proceeds to the floor of the Oklahoma House of Representatives.
A change in the Workers’ Compensation Court judicial appointments will bring more accountability to the system if legislation approved by the House today becomes law.
