Judiciary Committee Sends Governor Henry’s Texas-Plus Lawsuit Reform Plan to Full Senate

Members of the Senate Judiciary Committee voted along party lines Tuesday to send Governor Brad Henry’s Texas-Plus lawsuit reform plan to the floor of the State Senate for a vote.

Democrats supported the ground-breaking reform measure, while Republicans opposed it. Judiciary Committee Chairman Charlie Laster explained that Henry’s plan was inserted as an amendment in House Bill 2047 by Speaker Todd Hiett.

“The Republican measure simply went too far to protect big business and insurance companies. It would have dramatically restricted access to the courts for everyday Oklahomans. Governor Henry’s plan will root out frivolous lawsuits but still allow Oklahomans their day in court when they are injured or wronged by the actions or neglect of others – including the corporations that Republicans want so desperately to protect,” Laster said.

Laster is aware, he said, that Governor Henry’s plan has not had the support of a majority of the members of the Senate in the past, but said he is confident he can muster enough votes to win passage of the bill on the Senate floor.

It takes 25 votes to pass a bill on the floor of the 48-member Senate, where Democrats hold a 26-22 majority.

“Last month, 23 Democrats promised to support the bill. Had just two Republicans been as interested in lawsuit reform as they are in playing politics with this important issue, the governor’s plan would have passed. I’m confident, though, that I can find the two votes I need to send this measure back to the House,” Laster said.

Laster said Henry’s bill includes a $300,000 cap on pain and suffering damages that can be awarded to a plaintiff by a jury; tightens restrictions on testimony by “expert witnesses;” and enacts limits on class action lawsuits.

He said that if Senate Republicans maintain their reckless disregard for the rights of Oklahomans to seek justice in the civil court system, he’ll have to secure two more votes for the bill among the three Democrats who opposed it last month.

The Judiciary Committee also adopted and then amended a committee substitute, offered by Senate author Senator Scott Pruitt, for House Bill 2046 before reporting the bill “do pass” to the full Senate. House Speaker Todd Hiett is the author of HB 2046.

The full Senate sent a competing workers compensation reform measure to the House on March 16. Senate Bill 846 contains reforms suggested by a bi-partisan task force supported by Governor Henry and members of the State Chamber of Commerce. It would lower workers compensation insurance rates by addressing the key cost component of workers compensation claims – health care costs. SB 846 was referred to the House Judiciary Committee on March 21 but has not yet been granted a hearing.

“These bills are probably going to conference committee and I look forward to working with Governor Henry, Speaker Hiett and Representative Morgan to see if we can find some common ground on which to craft a compromise,” Laster said.