HD71: Sullivan Withdraws, Backs Henke

Katie Henke

The House District 71 special election in Tulsa took a twist when one Republican, Janet Sullivan, withdrew to support school teacher Katie Henke. The move leaves six Republicans and two Democrats in the race.

Sullivan, the  former wife of former Rep. Dan Sullivan, withdrew as a candidate after suggesting all the Republicans get together and support one candidate.

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Trial Lawyer's Email Proves Tort Reform Effective, State House And Senate Republican Leaders Say

An Oklahoma City law firm's email to plaintiffs urging them to file lawsuits before tort reform becomes law in November is proof that trial attorneys fear that the change will be effective in limiting frivolous lawsuits, House and Senate leaders said today.

The email, sent from an attorney with the Merritt & Associates law firm last week, says “Danger! Tort reform legislation effective November 1. File your lawsuits now!”

House Speaker Chris Benge said the email proves the new law is a significant step toward cutting down on frivolous lawsuits while clearing the way for legitimate claims.

“This email, while very concerning, should serve as an example of why we passed tort reform,” said Benge, R-Tulsa. “We believe the law passed last session will have the effect of attracting businesses and creating jobs in our state.”

For over a decade, House and Senate Republicans have sought reforms to Oklahoma’s justice system, where frivolous lawsuits have increased health care costs, driven talented doctors out of our state because of high malpractice insurance rates and told companies to look to more business-friendly states when considering relocation or jobs creation.

“My top priority when first elected to the State Senate eleven years ago was to enact real and meaningful lawsuit reform in Oklahoma,” said Senate President Pro Tem Glenn Coffee, R-Oklahoma City. “The activists in the Trial Bar fought this reform tooth and nail, and some of them still can’t accept the new reality.

“Throughout the process of passing lawsuit reform, this particular law firm was Oklahoma’s Chicken Little, and now they are proclaiming that the sky will fall in November,” Coffee continued. “In fact, the skies will open, and Oklahoma will open for business when HB 1603 goes into effect.”

Rep. Dan Sullivan, House author of this year’s lawsuit reform legislation, House Bill 1603, said the email also falsely claims joint and several liability is abolished by the bill. The legislation limits joint and several liability to instances where a tortfeasor is more than 50 percent liable.

“The attorney who sent this email expressed deep opposition to change and tried to rally his colleagues to try to stop reform. Now that he was unsuccessful in defending the status quo, he is trying to encourage people to file lawsuits prior to the law taking effect whether they have merit or not,” said Sullivan, R-Tulsa. “This email is nothing but an opportunistic attempt to get lawsuits on the books, regardless of their merit, by lawyers who will go to any lengths to prey on vulnerable Oklahomans.”

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Sullivan, Inman Named Mouths Of The House

From www.tulsaworld.com ~ House Republicans gave Tulsa's Dan Sullivan their party's "Mouth of the House" award, a tongue-in-cheek honor given annually to a member of each party for distinguished or at least lengthy oratory. Sullivan carried more than 125 bills in the House last session, a record according to some legislators.

Rep. Scott Inman of Oklahoma City, known for his lengthy discourses on legislative hypocrisy, was named the Democrats' Mouth of the House.

Freshman Broken Arrow Rep. Mike Ritze was given the "first annual black helicopter award." Ritze is a licensed helicopter pilot.

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GOP Leaders React To Henry's Court Veto

House Speaker Chris Benge and Rep. Dan Sullivan, both Tulsa Republicans, commented this afternoon on Governor Henry’s veto of SB 609 and the immediate Senate passage of HJR 1041, which would send the requirement of Senate confirmation of any future appointees of the state Worker’s Compensation Court to a vote of the people.

“Requiring Senate confirmation of Worker’s Compensation Court judges is a reasonable reform that adds accountability to the current system,” said Benge, R-Tulsa. “We are disappointed in Gov. Henry’s veto, but are pleased that with passage of HJR 1041 the people of Oklahoma will likely be able to decide this issue themselves.”

“Worker’s Compensation judges are the only judges in the entire state who never appear on any ballot whatsoever,” said Sullivan, R-Tulsa. “Today, Gov. Henry sided with the status quo instead of a commonsense reform that would help ensure injured workers across the state are given their day in court in front of judges that are approved by their representative government. We will not let one person defeat this reform. We believe the people deserve to have their say.”

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Comp Court Appointees Measure Advances

A resolution calling for a vote of the people to determine if gubernatorial Workers’ Compensation Court appointments should require Senate confirmation passed a House Committee today.

The change called for in House Joint Resolution 1041 would add more accountability to the workers’ comp system, said Rep. Dan Sullivan, author of House Joint Resolution 1041.

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Opponent Challenges Sullivan's Candidacy

The candidacy of Rep. Dan Sullivan, R-Tulsa, is being challenged by his opponent, who contends that the lawmaker has failed to live in his House district for the past six months, as required by state law. Sullivan, who is getting a divorce, said Friday that he has continued to live in the district, most recently in the home of his parents. His candidacy is being challenged by Democrat George Bullock of Tulsa, who hopes to halt Sullivan's re-election.

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Republicans Challenge Henry On Veto Of Lawsuit Reform Measure

Republican said today that when it comes to choosing trial lawyers or teachers, Oklahomans now know where Gov. Brad Henry’s loyalties lie: The trial lawyers.

In a news release, Republicans said Henry "vetoed a bipartisan lawsuit reform bill that would have curbed lawsuit abuse against teachers and school administrators who enforce discipline in the classroom. The veto is a major blow to teachers and schools, but it protects Henry’s allies in the trial lawyer industry."

The School Protection Act, Senate Bill 1024, is authored by State Senate Co-Floor Leader Owen Laughlin, R-Woodward, and State Rep. Dan Sullivan, R-Tulsa. The bill was supported by the Oklahoma Education Association.

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Lawsuit Reform Bill Veto Override Fails

House Democrats voted today against an attempt to override the governor’s veto of a lawsuit reform bill.

Governor Henry vetoed House Bill 2458 last week, claiming the bill is unconstitutional.

The bill would require a plaintiff in a civil lawsuit for professional negligence to attach to the petition an affidavit attesting that a “reasonable interpretation of the facts supports a finding that the acts or omissions of the defendant….constituted professional negligence.”

The affidavit must state that the plaintiff has consulted a qualified expert who has reviewed the available medical records and other facts, and that the qualified expert has provided a written opinion stating that the facts support a finding that the defendant was professionally negligent.

Rep. Colby Schwartz, author of the bill, called the legislation a meaningful step in reducing frivolous lawsuits in Oklahoma and criticized House Democrats for locking up on a bill that passed the Senate unanimously in its current form.

“The governor of Oklahoma does not get to decide if legislation is constitutional; that job is left to our court system,” said Schwartz, R-Yukon. “This bill would have cleared the courts of frivolous lawsuits to make way for those with legitimate cases, but instead House Democrats voted today to keep our court system clogged with expensive lawsuits without merit.”

This bill, unlike the narrowly tailored law struck down by the Supreme Court in 2006, includes all cases of professional negligence. The law previously deemed unconstitutional only included medical malpractice cases, which was too narrow under the state’s constitution.

In 2004, Gov. Brad Henry presented a lawsuit reform package that included a requirement of certificate of merit before proceeding with medical liability cases. In a press release the governor put out in January 2004, Henry said: “People shouldn’t have to hire an attorney and pay thousands of dollars to fight claims that have no merit. We must act decisively to eliminate frivolous lawsuits.”

Rep. Dan Sullivan, R-Tulsa, said he couldn’t agree more with the governor’s statement in 2004.

“But unfortunately, Gov. Henry has done nothing but reject every lawsuit reform measure we have sent to his desk since he made campaign promises to bring changes to our state’s tort system,” said Sullivan. “The governor has made it clear that as long as he is in office, he will reject any and all reasonable lawsuit reform measures sent his way.”

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Senate Approves School Protection Act

The Senate voted 26 to 22 today to pass the School Protection Act, a bipartisan lawsuit reform bill providing teachers and schools protections from lawsuits. Last month the House of Representatives passed the bill by a 94 to 0 vote. It now goes to Governor Henry.

The School Protection Act, Senate Bill 1024, is authored by State Senate Co-Floor Leader Owen Laughlin, R-Woodward, and State Rep. Dan Sullivan, R-Tulsa.

“The School Protection Act protects teachers and principals from lawsuit abuse, giving school professionals the tools they need to maintain order, discipline, and a positive educational environment,” stated Laughlin. “Too many teachers and schools are fearful that if they take common sense steps to maintain or restore order in the classroom, they will be subjected to lawsuits. Defending a lawsuit is expensive, even when the school wins."

Laughlin urged Henry to sign the bill: “I’m a little concerned because the governor’s knee-jerk instinct is to veto any meaningful lawsuit reform bill that provides protections from lawsuit abuse. But we hope this time he will join the Legislature in helping our teachers and schools. I encourage him to sign SB 1024 into law,” Laughlin said.

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Sullivan Says Lawsuit Reform Probably Dead

By Mick Hinton/Capitol Bureau, Tulsa World ~ An effort to pass lawsuit reform legislation and cap attorneys' fees apparently is dead this session, the House author of the legislation conceded Thursday.

Rep. Dan Sullivan, R-Tulsa, failed to get enough votes in the House to amend a lawsuit reform bill so that the fees attorneys charge the plaintiffs they represent would be limited.

Sullivan's chances of passing the amendment were crippled because of a GOP dissenter, Rep. Rex Duncan.

Read the entire story at http://www.tulsaworld.com/news/article.aspx?subjectID=12&articleID=20080425_1_A10_spanc28430.

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State Retirement Benefits Bill Clears House

A loophole that allows some state workers to obtain greater retirement benefits than they ever earned as a state employee was closed today by the House of Representatives.

Senate Bill 1641, by Rep. Dan Sullivan, would ensure that elected officials will not receive retirement benefits "greater than their single highest annual compensation received as a member of the Oklahoma Public Employees Retirement System."

The bill now goes to the Senate for final action.

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Senate Panel Clears Retirement Loophole Bill

Members of a Senate committee voted Thursday to close a loophole that allows some state workers to obtain greater retirement benefits than they ever earned in monthly pay as a state employee.

Senate Bill 1641, by Rep. Dan Sullivan, would ensure that elected officials will not receive retirement benefits "greater than their single highest annual compensation received as a member of the Oklahoma Public Employees Retirement System."

"Currently, it is possible for some individuals to receive a bigger paycheck from the retirement system than they ever earned working for the state," said Sullivan, R-Tulsa. "That doesn't make sense and itis undermining the financial soundness of our state retirement systems."

Under existing law elected officials can pay a 10 percent contribution rate and elect to receive a 4 percent multiplier in their pension calculation formula. In contrast, regular state employees pay a 3.5 percent contribution rate and receive a 2 percent multiplier. However, if an individual who worked for state or county government retires as an elected official with at least six years of elected service, that person can have his or her benefit calculated using the 4 percent multiplier for all years of service, including years when the individual was not in elective office and paid only the 3.5 percent contribution rate.

Officials have indicated that more than 500 people receive enhanced benefits because of the loophole, which is costing the state hundreds of thousands of dollars each year.

The most famous beneficiary of the loophole may be former Auditor and Inspector Clifton Scott, who now draws a pension of nearly $147,000 for a job that paid $83,510.

Under Senate Bill 1641, benefits would be calculated using the higher multiplier for only the years of service in elective office.

"This is a common-sense reform that will bring equity to the system so that all state employment retirees are treated fairly and with more equality," Sullivan said. "It shores up our retirement system for all workers."

Senate Bill 1641 passed the House Economic Development & Financial Services Committee on Thursday and now proceeds to the floor of the House.

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Speculation Increases About McMahan Probe Panel

With certain House approval next week of a resolution calling for an investigation of Auditor and Inspector Jeff McMahan that could result in his impeachment, there's speculation today about those who might serve on the committee.

New House Speaker Chris Benge of Tulsa will name the eight committee members, four Democrats and four Republicans, with a member of each party serving as co-chairman.

Rep. Mike Reynolds, Oklahoma City Republican, authored the resolution and is said by some to be able to cite line-by-line from the lengthy, nine-count federal indictment of McMahan and his wife, Lori. He told Oklahoma City radio station KTOK he would like to serve on the committee. His problem is that he's viewed as a maverick always on the outs with his own party's leadership and he's butted heads with Benge in the past.

Others mentioned as possible members are all attorneys and include Reps. Rex Duncan of Sand Springs, chairman of the House Judiciary Committee; T. W. Shannon of Lawton, assistant majority whip; Dan Sullivan of Tulsa, assistant majority floor leader and chairman of the Civil Justice Committee; and John Trebilcock of Broken Arrow, whose resolution authorized the panel that investigated former Insurance Commissioner Carroll Fisher.

Capitol sources say that while the Benge appointments won't be certain until they are announced, three top members of Democratic Leader Danny Morgan's team, and a highly-respected former Oklahoma Highway Patrol trooper, are possible members of the committee. They are Reps. David Braddock of Altus, James Covey of Custer City, Paul Roan of Tishomingo and Dale Turner of Holdenville. Covey is the minority floor leader and Braddock and Turner are deputy minority floor leaders. Roan is a retired OHP trooper and the former deputy sheriff of Pontotoc County. He's also a former first vice president of the Oklahoma State Troopers Association and is vice chairman of the House Civil Justice Committee.

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Murphey, Sullivan Named To Benge Subcommittees

Two state lawmakers were appointed today to serve on House panels in the place of recently named House Speaker Chris Benge, R-Tulsa.

Rep. Jason Murphey, R-Guthrie (left), will fill Benge’s spot on the House Banking Subcommittee, and Rep. Dan Sullivan, R-Tulsa (right), will replace Benge on the House Insurance & Retirement Subcommittee.

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Sullivan Delinquent In Paying Property Taxes

State Rep. Dan Sullivan of Tulsa confirmed Tuesday that he is delinquent in paying property taxes totaling nearly $7,000 for his home in Tulsa and a condominium in Oklahoma City. Sullivan, a Republican, said he is going through a divorce and thought the 2007 taxes would be paid by a Dec. 31 deadline.

For details see, www.tulsaworld.com or www.newsok.com.

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Dan Sullivan Seeks 'Christmas' Ban Explanation, But Edmondson Says No Such Ban In Place

UPDATED ~ State Rep. Dan Sullivan has asked the president of Southwestern Oklahoma State University to explain a "ban" on use of the word "Christmas," but late today Attorney General Drew Edmondson said Internet allegations he had issued a directive to that effect are in error.

A statement from the attorney general's office reads, "Attorney General Drew Edmondson didn’t give a second thought to a caller from Texas who called his office this morning to wish him a merry Christmas. His executive assistant returned the man’s well wishes and hung up the phone. In fact, no one in the attorney general’s office thought it at all strange to receive Christmas greetings until the calls started pouring in – by the dozens. The problem seemingly started after a group calling themselves the 'Liberty Counsel' issued a press release stating that an administrator had ordered employees at Southwestern Oklahoma State University (SWOSU) in Weatherford to refrain from using the word Christmas in oral or written form. According to the press release, the action was taken after the university received legal advice to that effect from Attorney General Drew Edmondson.

“Some of the callers were quite upset,” Edmondson said. “The idea that a state official would ban Christmas just days before such a holy day obviously struck a chord with a number of people.”

The release continues, "The problem, however, is that no such advice has been issued. The callers were getting their information off of Internet blogs, and they were taking it to heart."

“That advice was never given. The attorney general’s office doesn’t even advise SWOSU,” Edmondson said. “The first we heard of this so-called ‘advice’ came from someone who read it on the Internet. “Once the false information is out there, it seems to be immortal,” Edmondson said. “What gets reported as fact on one blog gets repeated as such on others. A few of the bloggers did call this afternoon to try to ‘verify’ the story and they did retract their original version of events, but the damage was already done.

"When it comes to the Internet, credibility is not required – nor is truth.”

Edmondson today had two messages for Oklahomans. “It seems like stating the obvious, but I would like people to remember that there is no accuracy filter on the Internet,” Edmondson said. “My second message – merry Christmas.” The attorney general also had a message for the original circulators of the grinchly tale.

“The folks at the Liberty Counsel will find lumps of coal in their stockings on Christmas morning,” Edmondson said. “That’s what Santa leaves for bad kids who tell lies.”

Tulsa blogger Michael Bates has the best rundown on this incident.

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Sullivan Says Only Single Copy Of Quran Involved

UPDATED 2:09 PM ~ Republican Rep. Dan Sullivan (pictured) of Tulsa has offered to distribute an unwanted copy of the Quran, but he tells TMRO he's not distributing multiple copies. In an email, he wrote, "I see your recent blog posting. I was simply requesting a singular copy to give to a friend that has a Muslim colleague that wanted one if it was otherwise going to be discarded. I was not offering to redistribute other copies as your blog suggests."

Rep. Randy Terrill of Oklahoma City revealed Sullivan's offer today in an email to the head of the Governor's Ethnic American Advisory Committee in declining to accept the free copy he was offered.

Terrill wrote, "Thanks for the offer. However, I am a Christian. And, as such, I would not use it. But, Rep. Dan Sullivan (R-Tulsa) sent out the following email to Republican House members this morning: 'I have been asked for a copy of the Quran that is being handed out. If someone receives one and doesn't want to keep it, please have it sent to my office and I will make sure it finds a new home. Dan Sullivan.' So, please forward the copy of the Quran that has been designated for me to Rep. Sullivan per his request. Thanks, best wishes and God bless! Respectfully, Randy Terrill"

Sullivan said although he is a Christian, there is no reason to not accept a copy of the Quran. "If it is going to be thrown away or discarded," he told the Tulsa World, "at least we can give it to someone who wants it." Sullivan added that he was not intending to redistribute all of the copies, but only wanted one.

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Poultry Waste Control Measure Clears House

Poultry feeding operations, waste utilization businesses and nutrient management units would be legally required to adhere to the terms of a 2003 agreement between the City of Tulsa and the poultry industry under legislation approved by the House today.

House Bill 1490, by Rep. Dan Sullivan, (pictured) creates the Eucha-Spavinaw Nutrient Management Act. The bill incorporates the provisions of the state's settlement agreement (between the poultry industry and the City of Tulsa) into state law.

"I believe we can have clean water in Northeastern Oklahoma and have a thriving poultry industry at the same time," said Sullivan, R-Tulsa. "The work that has been put into this bill demonstrates that two groups with widely divergent views can come together and develop a workable solution that meets the needs of all concerned."

The bill would prevent the City of Tulsa from having to undergo any additional legal expenses to enforce the settlement agreement. If violations do occur, the law would provide the city injunctive relief to stop the problem until a determination has been made as to the nature or extent of the violation.

The legislation also makes the settlement agreement apply to any individuals or businesses that move into the watershed who were not parties to the original agreement. The city filed a lawsuit in December 2001 claiming the poultry defendants were responsible for 170 million pounds of phosphorus and nitrogen-rich chicken waste that goes into the city watershed each year through creeks and streams that flow into Lake Eucha, which in turn feeds Lake Spavinaw.

Lake Spavinaw is one of two drinking water sources for Tulsa; the other is Lake Oologah. The sides agreed to settle the case on the day the trial was scheduled to begin.

The agreement requires those businesses to implement a nutrient management plan for reducing poultry litter accumulating in Oklahoma watersheds. The poultry defendants and their growers cannot apply poultry litter to land in the watershed until they receive their nutrient management plans.

The settlement called for a phosphorus-risk index to govern the conditions under which animal waste or fertilizer may be applied to land in the watershed. The Eucha-Spavinaw Phosphorus Index (ESPI) was developed by a team from Oklahoma State University and the University of Arkansas and adopted by the court in February 2004.

House Bill 1490 passed the Oklahoma House of Representatives on a 98-1 vote on Thursday. The bill now proceeds to the state Senate for consideration.

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