Oklahoma’s legislative session shifts into gear

The bill-filing deadline for the Oklahoma Legislature passed Jan.19, 2006, and the session opens Feb. 6. At the close of the filing process, the state Senate had 1,034 bills and 28 joint resolutions filed, the House filed 1,020 all together. More than 140 insurance-related bills came in between Jan. 1 and Jan 19. Primary targets for change include uninsured drivers, lawsuit reform and improving the business climate.

Oklahoma State Senator James Williamson, R-Tulsa, authored legislation to identify uninsured motorists by requiring vehicle owners to display a decal on the drivers’ side window verifying coverage. “By requiring drivers to display this decal, we’re giving law enforcement a tool to catch uninsured motorists.” He believes the bill will help reduce the number of people hit by uninsured motorists.

According to the Department of Public Safety, 25 to 35 percent of drivers are uninsured. Williamson sees this translating to a situation where, “many law-abiding Oklahomans may be left holding the bag when they’re involved in an accident with an uninsured motorist.” Drivers carrying only liability could be out thousands of dollars. Even drivers with coverage for accidents with uninsured motorists end up taking a hit in the form of deductibles.

State Senator Charlie Laster, D-Shawnee, introduced a series of civil justice systems reforms aimed at further reducing frivolous lawsuits and eliminate nagging cases that drag on in courts for years. “Frivolous lawsuits and those suits that take years to come to trial add to the cost of doing business, especially for small business owner,” he said. The Lawsuit Responsibil-ity Act is designed to lower costs allowing greater access to the courts for everyone, not just those with armies of lawyers.

Oklahoma State Senate Republican Leader, Glen Coffee, R-Oklahoma City, said, “One of the reasons Oklahoma ranks 49th in the country in the number of doctors is because of lawsuit abuse. Oklahomans face rising insurance premiums because of lawsuit abuse passed on by doctors paying huge costs to protect themselves.”

Speaker of the House Todd Hiett, R-Kellyville, backed Coffee in supporting the Justice & Common Sense Act designed to stop junk lawsuits in the state’s legal system.

State Representative Ben Sherrer, D-Pryor Creek, filed legislation to prevent the elimination of the state’s ” exclusive remedy” of workers’ compensation court. The bill is designed to allow employees to take civil action against an employer outside the workers’ comp court if the employer committed an intentional act leading to an injury.

“It’s vital that we protect the exclusive remedy available through the state’s workers’ comp system. Any erosion in the system further compromises worker safety,” Sherrer said.

The Independent Insurance Agents of Oklahoma aren’t expecting to see much action passed in the way of workers’ comp or lawsuit reform in 2006 due to recognition in recent sessions.

According to the legislative agenda posted on the IIAO Web site at www.iiaok.com, the association hopes to see improvements in uninsured driver legislation, surplus lines statutes and the financial responsibility requirements for producers.

IIAO has vowed to support legislation aimed at educating people as to the impact uninsured drivers have on rates. They seek improved technology to help reduce the number of uninsured drivers, increase cost efficiency and vehicle owner privacy reliability, and safeguard the security and integrity of insurance companies. IIAO supports raising penalties for anyone driving without insurance and imposing severe penalties for anyone found guilty of fraudulent use of security verification cards.

IIAO said it supports any legislation pointed at eliminating the burden of required signatures on rejection/selection forms throughout the life of the policy. They want payments of non-economic damages to anyone driving without liability insurance, under the influence or is a fleeing felon stopped.

The IIAO would like the confusion plaguing surplus lines in Okla-homa cleared up. Ultimately, they would like to see agents allowed to sell surplus lines products without the fear of reprisal from the Insurance Department and support any legislation placing the burden of the disclosure stamp to the surplus lines broker, not the retail producer.

The IIAO also wants agents to use proper accounting procedures regarding their clients’ money paid to their representative companies and opposes any measures creating additional burdens on agents in the requirements to establish separate premium trust accounts.

Much attention was given to workers’ compensation issues in 2005, and a lot of reform passed including the elimination of the CNC Cards. IIAO would like to have those back. They propose to support legislation reinstating the use of CNC cards, though they are fine with affidavits if their use is a certified, acceptable waiver of workers’ comp coverage by the Oklahoma’s Workers’ Comp Court, the Oklahoma Labor Commission and the Oklahoma Insurance Commissioner.

For some legislators, the end of service comes with the 2006 session of legislature. For eight members of the State Senate and 15 members of the House term limits are up at the end of the session. With elections in November, look for posturing and interesting times in Oklahoma politics.

The Senate offers streaming audio and video from the Senate Chamber. Wireless Internet access is available to all Capitol visitors throughout the Senate gallery, rotunda, committee rooms, offices and pressrooms.

Legislation is traceable online at www.lsb.state.ok.us.

Topics Lawsuits Agencies Legislation Workers' Compensation Oklahoma