For Immediate Release: May 15, 2009

Senate Review by Senator Bill Brown

By securing the legislative approval of a comprehensive tort reform proposal, Senate Republicans this week made good on a promise that had been many years in the making.

This landmark agreement signals that Oklahoma is finally ready to take important steps to build a more business-friendly economy.  Additionally, the measure provides incentives that can lead to improved access to quality healthcare while easing burdens on small businesses.  This agreement improves our ability to attract physicians and industry.  For far too long, Oklahoma has been at a competitive disadvantage to neighboring states, but times are changing.  This agreement furthers Oklahoma’s momentum as we move forward to a more prosperous future. 

The proposal establishes a $400,000 cap on noneconomic damage awards, which may be lifted in certain business-related and physician-related cases.  For instance, the cap would not apply in cases where there is a permanent physical injury, a catastrophic injury or in instances where gross negligence, willful or wanton conduct of recklessness has occurred.

Other provisions of the bill include:  The removal of the opt-in provision for class action lawsuits; Modification of the definition of “frivolous lawsuit”; Liability protection for gun manufacturers; Immunity provisions for emergency volunteers; and Agri-tourism liability reforms.  Oklahomans last year made a decision to elect legislators dedicated to bringing this much-needed reform to our state, and I’m proud to have been a part of the effort to pass quality reform for Oklahoma.

Legislative leaders and the Governor also announced a budget agreement this week.  The agreement will protect funding for the core functions of state government – transportation, public safety, education and health care, while making targeted cuts in other areas.  Most state agencies received a 7 percent cut in the agreement.  There was also room for additional funding in areas of critical need to the state.  Higher Education and Common Education received an increase of approximately 2 percent.  This should prevent tuition increases at state colleges and universities.  Appropriations for Health Care and Transportation should also increase. 

The budget agreement is the result of bipartisan negotiations, and is a fiscally responsible plan that takes care of fundamental responsibilities while ensuring that state government operates with efficiency.  The budget does not include money from the state’s Rainy Day Fund, which leaves approximately $600 million for future needs. 

As always, I welcome your comments on state government.  Please feel free to contact me by writing to Senator Bill Brown at the State Capitol, Room 413A, Oklahoma City, OK, 73105; call me at (405) 521-5602 or send email to brownb@oksenate.gov.