State Legislative
Issues- 2009 Legislative Session Wrap-Up
State Legislative
IssuesThe 2009 Legislative Session wrapped up in late May, with the session being rather uneventful for ACEC OKLAHOMA.
One of ACEC OKLAHOMA's major efforts this session, through and in association with the TRUST organization, was to maintain the funding agreements regarding Transportation Funding which had been enacted during the past couple of legislative sessions.
When the session wrapped up, transportation was "held harmless" with regards to funding, and the prior funding agreements held fast without any changes.
There were, however, a couple of late-session issues which will have long-lasting, positive impact on ACEC OKLAHOMA members and Oklahoma's engineering community.
After several unfruitful attempts, proponents of comprehensive tort reform won success during the 2009 legislative session, gaining legislative and governor approval of a bill. On May 14, both the House and Senate passed the Comprehensive Lawsuit Reform Act of 2009, and on May 21, it received Gov. Brad Henry’s signature.
HB 1603, by Rep. Daniel Sullivan, R-Tulsa, and Senate President Pro Tempore Glenn Coffee, R-Oklahoma City, goes into effect on Nov. 1. Some of the key points of the legislation of interest to ACEC OKLAHOMA include:
• A non-economic damages cap of $400,000, with provisions to lift the cap if certain conditions are met;
• A requirement for certificates of merit in professional negligence claims, with a provision for a plaintiff to request an indigency exemption;
• A limitation on joint and several liability stating that liability is limited to instances in which a tortfeasor is more than 50 percent at fault;
This was ACEC OKLAHOMA's lone "Legislative Alert" this session, and we thank all of our members who responded to our "call for action" to members of the Legislature as well as Governor Henry. Your efforts paid off and were very much appreciated!!!!!
Non-Economic Damages --- In addition to its touted benefit to the medical community, the $400,000 noneconomic damages cap is also seen as a benefit for the business and design community.
Certificate of Merit --- HB1603 states that in any civil action for professional negligence, the plaintiff must attach to the petition an affidavit that includes a written opinion from a qualified expert that the claim has merit. If such an affidavit is not filed, a court may dismiss the petition without prejudice. It also sets forth procedures for a plaintiff to request an indigency exemption from providing an affidavit of merit.
Joint & Several Liability --- The measure modifies language related to joint and several liability. It makes inapplicable a requirement that a defendant be joint and severally liable for damages if the percentage of responsibility attributed to the defendant is greater than 50 percent. It removes language that previously exempted political subdivisions of the state and actions in which no comparative negligence was found to be attributable to the plaintiff.
Oklahoma Uniform Building Code Commission
A new state agency has been created, at the behest of a large construction industry coalition, which will be charged with the development/adoption of a "minimum standard" residential and commercial building code for Oklahoma.
Members of the coalition include both ACEC OKLAHOMA and AIA, along with the AFL-CIO, most contractor trade groups (ABC, NECA, PHCC, etc.), the state Homebuilders Association, Oklahoma Municipal League, city Fire Marshal groups, and many city code enforcement officials along with representatives of the State Fire Marshal’s office.
Senate Bill 1182 passed late in the session and was signed by the Governor. The bill provides the framework for creating the Commission, including appointment of Board members and hiring of staff.
There will be a 2-3 year "ramp-up" for the Commission to get started and before the first code will be adopted. But, enactment ONE statewide code is just a few short years away.
That's the wrap-up for this year. As always, if you have any questions about these or other issues, please don't hesitate to call ACEC OKLAHOMA.
And, Thanks for your support throughout the session!!!!!