State of Oklahoma
House of Representatives

Republican Agenda No Longer Hidden
An editorial by State Representative Mike Brown
March 24, 2011

Last week the office of Speaker Kris Steele sent out a glowing release in which they highlighted their agenda accomplishments, specifically their efforts to “enhance our economic environment, access affordable health care and reform educational practices”.

The press release emphasized specific bills that gained passage in our chamber, and serves as an excellent example of what the House Republican philosophy, if followed to its logical conclusion, produces.

I will now highlight some of the bills celebrated in the press release, but instead of just a short reference to the bill, I will provide a brief summary in order to inform of the language contained in each, and to allow the public to determine who the bills really help, and who the bills hurt.

*Bolded text denotes language used in press release to describe bill
ECONOMY
Lawsuit Reform
HB 2128 Caps on noneconomic damages (Speaker Steele).
Although this might sound benign in nature, what it does is limit an award amount to $350,000 for damages, while also eliminating the right of a judge or jury to remove this cap in cases where the victim sufferedpermanent and substantialphysical abnormalities or disfigurement. The only circumstances in which a judge or jury may award a greater amount is under the following circumstances: reckless disregard for the rights of others, gross negligence, fraud or malice. Part of the catch here is that most insurance companies specifically exclude coverage when those four conditions are met, so even if a plaintiff met this incredibly high standard, the defendant would likely not be covered by his or her insurance policy which would leave the plaintiff to try to collect damages directly from the individual.
I ask you, who does this bill help, and who does it hurt?

HB 2024 Periodic Payments(Rep. Sullivan).
This bill denies a plaintiff the right to receive a monetary award in a lump-sum payment. HB2024 authorizes a court to order that future damages incurred after the date of judgment that exceed $100,000.00 be paid in whole or in part in periodic payments rather than by a lump-sum payment. Opponents of this bill argue this allows wrongdoers unprecedented control in which they can further manipulate their victims by not paying their judgment.
Who does this bill help, and who does it hurt?

Pension Reform
HB 2132 No unfunded COLA's (Speaker Steele).
HB2132 seeks to ban any future cost of living increases, as it states that the only way we can approve cost of living increases is if we determine a funding source from general revenue. Even if the pension system in question is over 100% funded, we could not use these dollars in the system to provide COLA’s to retired employees.

HB1010 Judges and Justices Pension Reform (Rep. McDaniel)
HB1010 seeks to increase the retirement age for new Justices and Judges from 65 years to at least 67 years old. It also seeks to cut in half the monthly retirement compensation each would receive by decreasing the benefit multiplier from 4% to 2%.
HB1010 mirrored several bills this session that sought to reduce benefits for state workers, such as our firefighters and law enforcement officers. The opposition by these two groups prevented Republican leadership from pursuing these changes for the time being, but the language can resurface at any point during the legislative session.
Of note is the absence of HB1004, dubbed the “Leadership by Example” bill by Rep. McDaniel, which would have abolished the current defined benefit plans of state legislators and instead create for them a defined contribution plan. This session Republican leadership touted the virtues of shifting from a guaranteed retirement benefit plan to one that would require each public worker to seek a third party financial institution who will create an account funded by up to 10% of the employee’s income, which would be invested in what many consider a volatile stock market. While these changes would clearly benefit bankers and brokers who will impose various fees associated with managing these retirement accounts, it will subject the hard-earned income of workers to the whims of the market. Republican leadership opted to not lead by example on this idea, and instead created a task force to further study the issue.

Revenue/Taxation
HB 1285 Task Force to Study Tax Credits (Rep. Dank)
Beyond creating a task force to study tax credits, there were no actions taken by House leadership to place a moratorium on or eliminate tax credits and exemptions that cost our state more than $5.6 billion each year.

HB 1953 Oklahoma Quick Action Closing Fund (Rep. McNeil)
HB1953 creates a new fund exclusively for the Governor to dole out dollars to lure in a high-impact business project or facility in Oklahoma or to retain a project or facility within the state. No dollars were appropriated for this fund.

EDUCATION
HB 1380 Eliminates Trial De Novo (Rep. Holland)
HB1380 seeks to end the appeals process for teachers by removing their ability to appeal their firing to a district court, a process referred to as "trial de novo." Local school boards have the authority to terminate teachers, and given that school boards are a political body, educators argue that they deserve the right to appeal employment decisions to a nonpolitical body. On average there are only approximately three trial de novos in a year – so the elimination of these due process rights is not merited. During debate, the bill’s author, Rep. Holland, R-Marlow, admitted that “some good teachers would be harmed by this, but who said the world was fair?”

HB 2139 State Board of Education reform (Speaker Steele)
House Bill 2139 transfers the majority of powers instilled in the State Board of Education and redirects these powers to the Superintendent of Public Instruction. Opponents argue that for decades the Board of Education has successfully served to ensure a system of checks and balances, which will be eliminated with the passage of this bill.

I truly believe that most of the legislators in the Republican Caucus feel that in pursuing their agenda they are doing right by Oklahomans. The Republican platform has consistently and openly sought to weaken the role of government, which is in stark contrast to the Democratic platform, which believes government exists to protect and assist the most vulnerable among us, such as children and the elderly who need health, human, and public safety services.

The measures touted by House Republican leadership as accomplishments clearly place special interests before public interests. They have drawn a line in the sand, and they are not on the side of the working middle class and the poor.

*Mike Brown represents District 4 in the Oklahoma House of Representatives. He lives with his family in Tahlequah, Oklahoma.