OKLAHOMA CITY — A measure that asks voters to amend the state constitution to cap pain and suffering damages in civil lawsuits at $350,000 is headed to the Senate floor.
The Senate Rules Committee on Wednesday passed Senate Joint Resolution 40, by Sen. Julie Daniels, R-Bartlesville, by a vote of 7-2.
The measure comes after the Oklahoma Supreme Court in April struck down the 2011 statutory cap on pain and suffering damages, also called noneconomic damages, in cases involving bodily injury. The court said it was an unconstitutional special law.
The challenge to the 2011 law was brought by James Todd Beason, who was severely injured when the arm of a crane crashed down on him in 2012, requiring several amputations on his arm.
Daniels said the Oklahoma Supreme Court decision undid years and years of work on lawsuit reform.
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“Sadly, we must ask the people of Oklahoma to reaffirm the policies put in place by their elected representatives and senators,” Daniels said.
She said the court decided to legislate and ignored the authority of the Legislature.
The measure has exceptions if the acts of the defendant involved reckless disregard for the rights of others, gross negligence, fraud, intention or malice. The standard for the exceptions is clear and convincing evidence, which Daniels said is a high threshold.
Sen. Julia Kirt, D-Oklahoma City, and Sen. Allison Ikley-Freeman, D-Tulsa, cast the two votes against the measure. Kirt called the cap “arbitrary” and said it would most harm the most injured individuals. Ikley-Freeman noted that the state already has one of the longest constitutions in the union.
The measure would ask voters to amend the Oklahoma Constitution. It would not limit economic damages, such as lost wages and medical bills.
The bill now heads to the Senate floor for consideration.
Committee deadline tomorrow: Turnpike speed limit, gun restrictions among bills considered in Oklahoma
What bills are still alive for Oklahoma's 2020 legislative session?
Senate Bill 600 by Rep. Gary Stanislawski
The measure would break up the state's two largest school districts — Tulsa Public Schools and Oklahoma City Public Schools — by mandating that districts with enrollment over 30,000 be divided into two or more districts upon a public vote. The measure narrowly passed the Senate Appropriations committee Feb. 26.
Abortion bills
SB 1721 (Unborn Person Equality Act) - not heard in committee
SB 1728 (Unborn Person Wrongful Death) - passed on Senate floor (amended, deals with personal and professional liability)
SB 1786 (precludes doctors from performing abortions upon penalty of license revocation) - not heard in committee
HB 4116 (makes abortion a felony punishable by 40-50 years) - not heard in committee
HB 2900 (makes abortion murder) - not heard in committee
House Bill 3548 by Rep. Regina Goodwin, D-Tulsa
The bill sought to prohibit imprisonment of defendants for nonpayment of fines, costs, fees and assessments. - not heard in committee
Teacher pay
Three measures address compensation increases for Oklahoma teachers: SB1357, SB1406 (bonuses) and SB1617 (special ed). Only the last measure passed out of a committee; the other two were not heard.
Firearms
SB1398 and HB2796 would allow lawmakers to carry guns in the Capitol. Neither were heard in committee.
Other bills addressing firearms: SB1401, SB1567 (concealed carry license holders would be able to carry on public campuses), HB2781 (explicit Second Amendment protections). HB2781 failed in committee. The other two were not heard.
Senate Concurrent Resolution 7 by Sen. Nathan Dahm, R-Broken Arrow
Would make 2020 the Year of the Bible in Oklahoma. It passed a committee vote.
Medical marijuana - restrictions, expansions
SB1257 would restrict billboard advertising for medical marijuana. - not heard in committee
HB3533 would restrict medical marijuana use in outdoor seating areas or standalone bars. - not heard in committee
SB1228 would expand patient application discounts to disabled veterans/hospice patients/those with terminal diseases. - not heard in committee
SB1248 would permit pharmacies to apply for dispensary licenses upon the federal government removing cannabis from the federal controlled drug schedule. It passed a committee vote.
HB3474 would eliminate the statutory cap on cannabis waste license holders. It passed a committee vote.
Medical marijuana
House Bill 3957 would permit dispensaries to produce and sell cannabis pre-rolls without a processor license. It passed a committee vote.
HB3960 clarifies definitions for driving under the influence of cannabis. - not heard in commitee
Medical marijuana - more changes proposed
Signs for Fellowship Congregational Church and Dr. Z Leaf marijuana dispensary are seen on Harvard Avenue. House Bill 2779 (amended) and Senate Bill 1245 would keep new dispensaries from being opened within 300 feet of a church or school, but would not affect dispensaries already conducting business near churches.
SB1519 would let municipalities call a vote to keep medical marijuana out. - not heard in committee
SB1520 would up the application fee for medical marijuana business licenses to $10,000 from $2,500. - not heard in committee
SB1469 would require workers compensation coverage and $1 million in limited liability insurance for all medical marijuana businesses. - not heard in committee
Senate Joint Resolution 26 by Sen. Rob Standridge
Would limit pay raises for lawmakers based upon an average percentage increase over the past 10 years for full-time state employees. Not heard in committee.
Senate Bill 1097 by Sen. J.J. Dossett, D-Owasso
Would require most students wishing to enroll in virtual public education to do so through a full-time virtual program offered in their home district, if such a program exists. Not heard in committee.
Related: Virtual school offerings through Tulsa-area districts
SB 1154 by Sen. Ron Sharp, R-Shawnee
Would require Open Records Act requests to be fulfilled within 30 days, with an option for a 30-day extension. - not heard in committee
Senate Bill 1202 by Sen. Dewayne Pemberton, R-Muskogee
The measure would require sex offenders who are ordered by a court outside Oklahoma to register as such to also register in Oklahoma, to be tracked by the Department of Corrections. It passed a committee vote.
SB1264 by Sen. Nathan Dahm, R-Broken Arrow
The measure, now with a House co-author, seeks to eliminate formal or informal traffic citation quotas. It passed a committee vote.
SB 1877 by Sen. Kim David, R-Porter
The measure would mandate state buildings to have a lactation room and offer break time for state employees who need to express milk. It passed a committee vote.
HB 2777 by Rep. Ross Ford, R-Broken Arrow
A proposed law seeks to give local law enforcement more power in investigating thefts of packages and documents regardless of the value. It passed out of a House committee. File photo
House Joint Resolution 1027 by Rep. John Pfeiffer
The measure would change the signature requirement for initiative or referendum petitions by striking the clause tying that figure to the past gubernatorial election turnout. It passed a committee vote.
HB2791 and Senate Bill 1303
The House bill would amend the current car seat law to require kids under 14 be buckled in the back seat. Oklahoma is the only state without a law requiring minors to wear seat belts in the back seat, AAA Oklahoma has said.
SB1303 requires those 17 years old and younger to wear a seat belt when in the back seat. It passed a Senate vote and will be considered in the House.
HB2809 by Rep. Jacob Rosecrants, D-OKC
Would allow local boards of education to develop a line of revenue by selling school bus advertising (with content restrictions). - not heard in committee
HB 3046 by Rep. Trey Caldwell, R-Lawton
The measure would prohibit “substantial burden” on people’s free exercise of religion, including school policies that ban graduating students from wearing tribal regalia such as eagle feathers at commencement due to religious beliefs. It passed a committee vote.
HB3067 by Rep. Lundy Kiger, R-Poteau
Would require commercial poultry operations to install groundwater monitoring wells, with testing every four months, to mitigate problems with waste and other chemicals. It was not heard in committee.
Poultry houses are pictured here near Leach.
HB3515 by Rep. Regina Goodwin, D-Tulsa
Its final version would have created a misdemeanor for officers who do not activate recording devices during interactions with the public.
The measure failed in committee Feb. 20.
HB3351 by Rep. David Smith, R-Arpelar
Would allow local school boards to partner with nursing homes to create internship programs for high school seniors to help them get work experience or volunteer hours. - not heard in committee
HB3321 by Rep. Sherrie Conley, R-Newcastle
Would expand eligibility for Lindsey Nicole Henry scholarships to students with at least one incarcerated parent. The state of Oklahoma funds private school scholarships for students with disabilities through the Lindsey Nicole Henry Scholarship Program for Children with Disabilities. The voucher program was named for the daughter of former Gov. Brad Henry. - not heard in committee
Oklahoma's legislative session begins Monday. Here's a look at lawmakers from the Tulsa area, plus contact information.
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District Attorney's office celebrates the dog at a ceremony Tuesday. MATT BARNARD/Tulsa World
