More hot potatoes sent to governor
Capitol Report for dailies for week of April 22, 2007
By Jim Campbell
OPA Capitol News Bureau

Sparks from a week's activity in the Legislature and governor's office on major Republican initiatives could ignite fiery rhetoric in next year's political season.
Voluminous GOP-sponsored abortion, lawsuit and immigration restrictions made their way toward the Democratic governor's office in the midst of a standoff over a $6.9 billion spending bill supported by both parties in the Senate as well as the House GOP.
Republicans hailed passage of the tort reform bill as evidence trial lawyer control of the Senate Democrats had been broken, while Democrats charged the 130-page lawsuit overhaul was crafted as a GOP fundraiser.
Arguments on both sides, mostly by lawyers, showed the skill and force of practitioners experienced in persuading juries. Senate Bill 507 supporters urged restraints on frivolous lawsuits, costly medical malpractice litigation and unreasonable judgments in civil cases that they said limit Oklahoma's economic development.
Critics argued there is no lawsuit crisis in Oklahoma, that injured parties would be penalized by a $300,000 cap on non-economic damages and that royalty owners and other "little guys" would have less access to justice through an "opt-in" requirement in class action litigation.
"Today's vote shows that it is a new day in the Oklahoma Senate," Sen. James Williamson, R-Tulsa, said following three hours of debate. "The trial lawyers have finally lost their stranglehold in the Legislature's upper chamber, and that's great news for the people of Oklahoma."
The bill was endorsed by the State Chamber of Commerce and Oklahoma State Medical Association and opposed by the Oklahoma Trial Lawyers Association.
Senate President Pro Tempore Mike Morgan, D-Stillwater, called it an "extreme" measure that would "restrict access to the court for most of the people in our state."
The bill passed the evenly split chamber, 25-23, with Sen. Susan Paddack of Ada, a physician's wife, the lone Democrat voting with Republicans.
Sen. Charles Laster, D-Shawnee, pro tem-elect should Democrats achieve a majority in the Senate next year, said although there were reasonable provisions, the bill was critically flawed. He said House conversion of a Senate-passed five-page bill on volunteer immunity into a massive overhaul was a "very calculated" Republican decision to deny further amendment under legislative rules.
Sen. Tom Ivester, D-Elk City, predicted the bill would pass, get Democrats on record, be vetoed by Henry and subsequently be used to solicit money for GOP candidates.
Williamson responded that although Democrats are heavily supported by the trial bar, he would not impugn their motives.

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It was another in a series of hot potatoes for Gov. Brad Henry, whose frequent calls for bipartisanship were repeatedly tossed back at him as a challenge.
The governor, who line-item vetoed most of the budget bill earlier, announced to applause from about three dozen white-coated medical professionals that he also was striking down SB 714 preventing use of public money, facilities or employees in nearly all abortions
"I hope calmer heads will prevail and it won't turn into a political bloodbath," said Henry, citing the bill's exclusion of rape and incest.
Anti-abortion forces quickly reacted with scorn and predicted an override in both legislative chambers.
If Henry hoped to avoid a political bloodbath, he chose the wrong bill, the Senate author said.
"I will be glad to provide him one," said Williamson, who also steered the House-passed tort reform and immigration measures through the Senate.
"Now that he has been re-elected, we're starting to see the real Brad Henry - and we're seeing that he is neither a moderate nor is he bipartisan," Williamson said.
Henry said he would withhold judgment on the other bills pending a careful review, but issued a statement calling it critical that any tort reforms preserve equal access to justice "as it attempts to reduce costs associated with the system."

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Political implications abound. Speculation includes Henry for U.S. Senate, House Speaker Lance Cargill, R-Harrah, for governor, and the battle for supremacy in the Senate.
Williamson said the abortion bill that passed both houses with more than the two-thirds necessary to override had been "the target of a misinformation campaign."
Besides banning use of public funds, it requires physicians to file reports ensuring state parental notification and informed consent laws have been followed.
Henry said he had been told that the University of Oklahoma Medical School's accreditation, could be jeopardized by not training students in all options for treating pregnant women and assuring that patients understand them.
Senate co-President Glenn Coffee, R-Oklahoma City, also decried Henry's abortion bill veto and reminded him of his own advice on tort reform. 
"Four years ago Gov. Henry promised to bring 'Texas Plus' tort reform to Oklahoma. SB 507 includes 18 of the 28 reforms proposed by the governor, and his signature on this bill will help Oklahoma catch up with states like Texas," Coffee said. "Oklahoma needs meaningful lawsuit reform to help attract jobs and to make health care more affordable and available."
Williamson said a follow up bill would change from "shall" to "may" that any insurance benefits be deducted from a plaintiff's damage payment.
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