Heavy Handed Tactics Advance HB 2128
Last week, after frantic lobbying by the State Chamber of Commerce and a horde of business and insurance lobbyists, HB 2128 was passed out of the House. The bill which came out of House Judiciary and provided for a cap on noneconomic damages of $350,000 but allowed an Oklahoma jury to lift the cap in cases of extreme injury or impairment was amended at the eleventh hour by Speaker Kris Steele to impose hard caps which could only be lifted by proof of gross or intentional conduct.
In a stunning rejection of House Leadership, Speaker Steele's Floor Amendment was rejected by a vote of 68 to 32. Nevertheless, after a night of relentless lobbying, 24 Republican Representatives changed their vote. To see a list of the flip floppers click here.
HB 2128 then moved to the Senate. Apparently because Senate Leadership did not have the votes to get this bad bill out of Senate Judiciary, the germane committee, the bill was assigned to Senate Rules where the numerical advantage was greater. HB 2128 was heard yesterday. Although several Republican members of the committee sought to offer amendments, they were rejected by the heavy handed tactics of the Chair, Senator Rob Johnson, R-Kingfisher, at the request of the co-author Senator Anthony Sykes, R-Oklahoma City. To no great surprise Senate Leadership crammed HB 2128 through by a vote of 11 to 5. Two Republicans voted against the bill.
It now appears that HB 2128 will be heard next week. The title is on the bill which means that if passed on the Senate Floor without further amendment it will go straight to the Governor who has assured the State Chamber she will sign it without hesitation. This will be true even though the State Chamber has not offered one shred of credible evidence of the need to take from our juries the right to decide what is a fair amount of damages for someone with paralysis, brain damage or scarring from third degree burns. Click here to see the lies told by the State Chamber and OKWatchdog's factual response.
If HB 2128 becomes law then Republican leadership, doing the bidding of the some of the largest corporations and insurance companies in this state, will know they can trample on the United States and state of Oklahoma Constitutions with impunity. The right to jury trial will be irrevocably damaged. Corporate power will reign over the rights of the individual.
We must act quickly, time is short. Only if we make a concerted and unrelenting effort to contact our state Senators and tell them to stand up for the individual, the injured, the weak, the elderly, can we stop this travesty of justice. You can make a difference. If you feel as we do click here to contact your state Senator today and tell them to VOTE NO on HB2128. CLICK HERE TO FIND YOUR SENATOR.
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