Lawsuit Reform must be Addressed Now

I live in Oklahoma. Under former Governor Brad Henry (D) a bipartisan effort was successful to reform the State Law pertaining to frivolous. A State Judge has recently ruled that law unconstitutional. Governor Mary Fallin (R) vehemently disagreed with the State Court’s ruling. She is taking steps to rectify Oklahoma Court reversal by calling State legislators to address the State Court’s ruling by addressing each ruling individually thus reinstating Civil Suit reform.

JRH 9/8/13

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Lawsuit Reform must be Addressed Now

By Governor Mary Fallin

Sent: 9/5/2013 1:23 PM

Beginning this week, I have asked legislators to return to the state Capitol to address an issue of great importance to the state, our medical community and our prospects for economic growth and job creation. That issue is lawsuit reform.

My goal during this special session is to work with lawmakers, as quickly and efficiently as possible, to restore the protections against frivolous lawsuits that have served small businesses and doctors well for the past four years.

To understand the urgency of the situation and the need for immediate action, it is important to remember the recent history of this issue.

Before 2009, Oklahoma faced a legal climate hostile to businesses and ripe with frivolous lawsuits. These lawsuits were particularly damaging to doctors and medical professionals, who were frequent targets of medical malpractice claims.

The results were predictable. Businesses were afraid to invest in a state where they were likely to spend vast sums to protect themselves in court. Oklahoma lost good doctors to neighboring states with stronger legal protections. Lawsuits also helped to drive up the cost of medical treatment, hurting Oklahoma families.

To fix this problem, Democratic Gov. Brad Henry worked with Republicans and Democrats in the Legislature to pass comprehensive lawsuit reform. The law they passed made it easier for judges to dismiss lawsuits without merit and made a variety of reforms meant to deliver a fairer system. It allowed those with legitimate grievances to seek compensation through the courts, without encouraging frivolous claims or unfairly punishing businesses and doctors.

The reforms worked. In the two years after enacting the new laws, the number of malpractice payments declined by 39 percent, reaching an all-time low.

As a result, small business owners and doctors saw greater stability and fairness in our legal system, giving them more confidence to invest and stay in Oklahoma. These reforms were part of a winning formula that has given us one of the lowest unemployment rates in the nation.

Unfortunately, these laws are now under attack. Earlier this year, the Oklahoma Supreme Court ruled the reform package unconstitutional, citing the "single subject" rule. Essentially, the court said each provision of the law needs to be passed in a separate bill rather than one large all-encompassing measure.

I disagree with that ruling, but at this time, the best thing to do is follow the court's lead. To do that, our Legislature must reinstate Oklahoma's lawsuit reform measures by passing a series of smaller, "single subject" bills that address the court's concerns.

Some have suggested that we simply wait until next year to address this issue. If we do that, the likelihood is that lawsuit reform will not be reinstated until August of 2014, perhaps even November. While we wait, Oklahoma will move backward. Inaction means opening our doctors and businesses to lawsuits that could drive jobs out of state or drive up the cost of medical care.

I will not watch Oklahoma regress or stand by while we lose jobs. Lawsuit reform is too important for our economy, our small businesses and our medical community to wait until next year.

The time to act is now.
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(This opinion editorial was authored by Governor Mary Fallin and appeared in the September 4, 2013 edition of the Tulsa World.)

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2012 Legislative Session: A Big Step Forward for Oklahoma

I’ve been an Okie citizen since 1997 and my wife is born and bred hear in Oklahoma. And so I am posting Governor Mary Fallin’s email of progress so far in the great State of Oklahoma.

JRH 6/6/12

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2012 Legislative Session: A Big Step Forward for Oklahoma

By Mary Fallin

Sent: 6/5/2012 9:39 AM

The 2012 session was marked by a flurry of legislative successes that will deliver more efficient government services and an environment more conducive to job creation.

While it is disappointing that an income tax reduction was not among those successes, the failure to reach a tax cut compromise should not detract from the many victories won this year.

Chief among those is a budget -- as well as accompanying reforms -- that will continue to limit the growth of government while targeting waste and duplication. The budget passed this year is a fiscally conservative blueprint for state government that largely holds the line on spending. It does, however, provide targeted increases for specific needs and areas in which we know the state must improve: education, child welfare programs, road and bridge repair, access to healthcare, and public safety.

The budget is supported by a number of reforms that save taxpayer dollars and allow state agencies to do more with less. Legislation instructing agencies to reduce energy costs, for example, is expected to produce savings of $300 to $500 million over eight years.

Besides government reform, progress continues to be made towards building a better environment for business growth.

Last year we successfully addressed issues directly related to the bottom line of businesses operating in Oklahoma, such as workers' compensation costs and frivolous lawsuits. This year we went further, helping to address areas that affect both the economic bottom line of our businesses and the quality of life of our citizens.

We know that Oklahoma's poor health indicators, for instance, are resulting in thousands of deaths and hundreds of millions of dollars of lost economic output each year. To address that, we established programs this year aimed at reducing infant deaths, encouraging healthy life choices, and offering treatment to those suffering from substance abuse and addiction issues.

Businesses and families want to locate in crime-free environments, so we have increased resources and state troopers at the Department of Public Safety.

They want a safe and efficient transportation infrastructure, and to that end we developed and funded a plan to repair all 706 of Oklahoma's structurally deficient highway bridges.

Additionally, improving education outcomes continue to be a priority, as we know the majority of jobs created in the next decade will go to those with college degrees or career certificates. To ensure our citizens are poised to take advantage of these opportunities, we are pursuing the goal of dramatically increasing the number of degrees and certificates awarded in Oklahoma.

Finally, we have put the state on a path to address and correct what has long been a black eye for Oklahoma -- the substandard conditions for children in state custody.

All of these are large steps forward for Oklahoma and its citizens, and each will help to make the state a better place to live, work and raise a family. I am proud to declare another legislative session a success, and I look forward to continuing our forward progress next year. To read more of the 2012 Policy Highlights, click here now.

Thank you and God Bless,

Governor Mary Fallin

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P.O. Box 590 | Oklahoma City, OK 73101
Visit www.maryfallin.org

Paid for by Fallin for Governor 2014