Showing posts with label Lawsuit Reform. Show all posts
Showing posts with label Lawsuit Reform. Show all posts

Monday, November 2, 2015

Rep. Mark McCullough Will Not Seek Re-election

OKLAHOMA CITY –State Rep. Mark McCullough (R-Sapulpa, District 30) announced his intention to not seek re-election in 2016 and to retire from the House of Representatives after serving out the remainder of his current term. District 30 includes the communities of Sapulpa, Glenpool, Kiefer, Mounds, Liberty, Oak Ridge and Bixby.


“It has been the honor of a lifetime to represent the area where I grew up and where my family is from. I am very humbled that my friends and neighbors saw fit to allow me to serve them in the Legislature these ten years. I am grateful.” McCullough said.

McCullough entered the Legislature in 2006, winning a highly competitive election, and again in 2008 in another very competitive election year. He faced token opposition in 2010 and ran unopposed in the last two elections. 

Reflecting on his motivation for running for office, and now choosing to leave after his current term is up, McCullough stated: “The Lord put it on my heart to run for office, and now I believe He’s telling me its ok to step away. There will always be another battle to fight at the Capitol, and I’ve fought my share – and maybe a few more,” he added with a grin. “I’ve tried to be a good steward with my time in office, and now it’s time for the people of District 30 to begin the process of choosing who that new steward should be.”

When asked to comment about the impending legislative session and what he might do after leaving office he stated: “It’s definitely the budget. We are really in the hole this year, and I imagine most of my time will be spent on that.” I’m going to work until the bell, though, that’s how my parents taught me. After next November? Just keep practicing law and be a husband and dad. My family was very patient to share me with the state for a while and now I just want to try and spend more time with them.”

McCullough has been in solo law practice in Sapulpa for nine years where he focuses on Probate and Estate Planning. He is assisted in his practice by his highly effective legal secretary, office manager, and wife of 17 years, Charlotte McCullough. His son Everett is in sixth grade at Sapulpa Middle School and his son Clayton is in fourth grade at Freedom Elementary.

While in the Legislature, Rep. McCullough was involved in several major policy initiatives including pension reform, lawsuit reform, criminal justice reform, improvements in Medicaid and perhaps most significantly, worker’s compensation reform.

McCullough was an early – and sometimes lonely – voice in the Legislature for comprehensive worker’s compensation reform, ultimately being asked to serve on the House legislative team responsible for writing and guiding the final reform bill through in 2013.

When asked to reflect on that experience, he said, “Years back, I’d get asked to speak at worker’s comp conferences as the ‘other guy.’ I’d speak on the huge problems facing our system and the possibility of switching to a modern administrative system. I remember having the trial lawyers in the back of the room snicker loudly and otherwise express a lot of hostility.” He continued: “Well, a few of us never quit studying and preparing, so we had all the elements ready to go “off the shelf” when leadership decided to run the bill. And now we finally have a model administrative system based on best practices. A system that I believe is serving our workers much better than the old adversarial one, and is sending insurance premium rates through the floor, which helps businesses stay competitive – just like we thought it would.” 

In addition to policy work, McCullough has also served as Chairman of Judiciary Appropriations and Budget Committee for the last several years where he is responsible for evaluating and meeting the budget needs for several state entities including the Courts, the District Attorneys and the Attorney General’s office. He also serves on the full Appropriations and Budget Committee, and as such is on the Budget Team, where he has focused the bulk of his time and efforts in the Legislature the last few years. 

“The budget is a jealous and fickle mistress.” McCullough said. “It takes a ton of time and you don’t know which way it’s going to toss you at any given moment during session. You have to keep a lot of Alka Seltzer handy. The yearly budget is a big, very real, fight between competing priorities – with well represented advocates. One positive aspect of earning a spot on the Budget Team has been the opportunity to strongly advocate – year after year  – for the Common Education budget: either for a bigger slice of the pie or a lesser cut if times were tough. When it comes to the eight schools districts in District 30, it has always been an easy choice of what to fight for.”

Finally, Rep. McCullough has had a career long focus on the importance of preserving the traditional, nuclear family. “I just sensed early on that this was something that the Lord wanted me to focus on, and the message is this: The family is desperately important, especially to the well being of children. All the research tells us, the Scriptures tell us and common sense tells us that kids do better with mom and dad. We shouldn’t vilify single parents, we should help them, but we should do everything we can to keep couples healthily, happily married.”

McCullough held numerous studies on this issue of family fragmentation and its negative effects on society, its costs to government and how to prevent it. He also held press conferences raising awareness of the issue and ran several bills aimed at chipping away at the problem. One major success came two years ago when, working with Rep. Jason Nelson and many others, a bill passed bringing the first substantive change in Oklahoma’s divorce laws since the late 1950s. The bill required a statewide, pre-divorce class that included topics such as substance abuse, co-parenting, domestic violence and potential reconciliation. The bill was based on Tulsa District Court’s highly successful model.

McCullough went on to state that this accomplishment, like every major achievement in the Legislature, was a team effort, requiring seriousness of purpose and a focus on eternal principals. “If you hang around me down at the Capitol very long, you’ll hear a few saying bounce around the office with some regularity: 1) There is no “I” in Team, 2) I take the job seriously… but I hope I don’t take myself too seriously, and 3) If its not about God, what are we doing here?” He concluded: “I’m not the best Christian sometimes. Just ask the people that have to work with me. We all need Christ’s grace. But I do sincerely attempt to seek the Lord in all that I do in this job, while trying to weave Biblical principles into every bill and every transaction over which I have influence. And I pray in some small way, that has made a difference.”

Wednesday, March 6, 2013

Legislation to Deter School Lawsuits Against Students, Parents Passed House

OKLAHOMA CITY –Legislation that would discourage “abusive and frivolous” lawsuits by schools districts passed out of the House of Representatives today and now heads to the Senate.

House Bill 2160, by State Rep. Jason Nelson, would require school districts to pay students’ and parents’ court costs and attorney fees when they initiate civil action or proceedings against students or parents.

“We saw a disgusting abuse of power when the leaders of Jenks and Union schools targeted the parents of special-needs children with a completely bogus lawsuit that could only be understood as an intimidation tactic,” said Nelson, R-Oklahoma City. “I’ve visited with numerous people who shudder at the idea of a school district suing parents. These two districts eventually lost the case upon appeal with the Oklahoma Supreme Court, but it still angers me that they put these families through such an ordeal. The only thing that the parents could have been guilty of was doing what they thought was best for their child with special needs.”

The Jenks and Union school boards voted to sue the state attorney general to challenge the successful Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act. They never filed that lawsuit, but instead, without ever specifically voting to do so, sued parents who legally obtained scholarships through the new program.

“These two school boards had earlier voted to ignore the new State law and later voted to sue the attorney general to get their question in front of a judge,” Nelson said. “When that didn’t work they sued the parents without ever voting to do so specifically. They left that decision to the school superintendent and the school’s law firm. They didn’t even have the courage to vote in a board meeting to sue parents – it was shameful.”

Lindsey Nicole Henry Scholarships allow a student with a disability (such as Down syndrome or Autism) who has an individualized education program (IEP) to receive state-funded scholarships to attend a private school that parents believe can better serve their child. The scholarships come from the amount of money already designated for the education of those children.

Nelson said his legislation would deter schools from filing such lawsuits, which are inappropriate because schools serve the public and should not be persecuting students and parents.

“I never doubted that the lawsuit was inappropriate and the Oklahoma Supreme Court’s ruling confirmed that a school board should not be suing parents. My bill says that if a school district sues parents again, they will have to pay the court and attorney costs,” Nelson said.

HB 2160 passed out of the House by a vote of 55-37. The measure now heads to the Senate for consideration.

Wednesday, April 18, 2012

Democrats Put Politics Before Policy on Severe Weather Liability Law


Veto Override Attempt Fails


OKLAHOMA STATE CAPITOL -- An attempt to override a governor’s veto of House Bill 2296, which would offer limitless liability protection to mobile home park owners who allow residents to seek shelter in their offices during severe weather, failed by a vote of 47-50 in the Oklahoma House of Representatives.
House Bill 2296 passed the House unanimously last month.
On Friday, Governor Fallin vetoed HB 2296, by Rep. Eric Proctor, D-Tulsa, and Sen. Brian Crain, R-Tulsa, citing concerns about possible unintended consequences.
Gov. Mary Fallin
“After a thorough review of House Bill 2296, I felt that it had the potential to provide legal amnesty to individuals who encouraged the residents of mobile home parks to take shelter in structures that were unsafe,” said Fallin. “This would have the unfortunate and unintended consequence of actually putting lives in jeopardy rather than protecting them. This was obviously not the intent of the authors of this bill, which is why I vetoed the legislation.”
House Republicans are working on a more comprehensive liability protection policy that will address the governor’s concerns. The new language will be included in an amended version of House Bill 2419 by Rep. John Enns, R-Enid. The amended version of HB 2419 will offer liability protection to any individual who offers shelter to another during severe weather rather than offering protection only to mobile home park owners.
On Monday, the House postponed action on an attempt to override the veto of HB 2296 when Speaker Kris Steele’s motion to table the move to override passed.
Speaker Kris Steele
“The intent was never to block a vote on the veto override, but to ensure an informed vote on the veto override,” said Steele, R-Shawnee. “In the course of our caucus deliberations on the veto, we identified a House bill currently awaiting action in the Senate that could be amended to address the issue and secured a commitment from the governor to work on compromise language for that bill.”
Proctor said he hoped to insert the language of his bill into another piece of legislation. 
Steele extended an offer Monday evening to House Democrats to work together to develop a compromise, but Proctor opted instead to try to override the veto again Tuesday. The veto override attempt failed.
“The House Republican Caucus cares about this issue and is moving forward with Governor Fallin to develop appropriate liability protection for those who open their doors to others during disasters,” said Steele. “The amended bill will address the governor’s concerns through a more comprehensive policy that meets and exceeds the intent of House Bill 2296. It will offer more protection to more people.”
HB 2419 by Rep. Enns contains an emergency clause which would allow the more comprehensive liability protection to become effective immediately. HB 2296 by Rep. Proctor would not become effective until November 1, well after the severe storm season this spring. 
Fallin is working with legislators to develop the comprehensive policy.
“Moving forward, I am absolutely committed to working with lawmakers on new legislation that accomplishes the intended goal of HB 2296, which is to encourage our citizens to open their businesses or homes to other citizens in times of crisis, said Fallin. “Speaker Steele has already shared with my office an early draft of a ‘Good Samaritan’ law that not only achieves those goals, but broadens the scope of HB 2296 in a way that will positively affect even more Oklahomans.”
Fallin visited Woodward earlier this week where a tornado killed six people and injured many more early Sunday morning. 
“I have talked to families very recently whose ability to reach a storm shelter or sturdy building meant the difference between life and death,” said Fallin. “I will continue to do everything in my power to improve access to those safe places in times of emergency.”
Steele expressed regret that Democrats opted for politics over policy. 
Rep. Eric Proctor
“A good faith offer was made to House Democrats to work on a compromise bill with Governor Fallin and they rejected that offer to work together in favor of an all-or-nothing approach with the veto override,” said Steele. “I communicated to Representative Proctor that I wanted him to take a lead on this compromise, but he declined. It’s disappointing that some would rather play politics with this issue than work collectively on a compromise. Nonetheless, we are doing our jobs and moving forward with the governor to address this issue.”
Proctor said that if the bill carried by Rep. Enns is not signed next week he will again attempt a veto override on HB2296. 

Monday, March 12, 2012

House Votes to Encourage Charitable Clinics

OKLAHOMA CITY – Legislation approved by the Oklahoma House of Representatives would encourage greater access to health care in the form of charitable clinics.

House Bill 2521, by state Rep. Sally Kern, redefines a free clinic as a charitable clinic and limits liability for volunteer physicians and other health care providers working at the clinic. The legislation defines a charitable clinic as a nonprofit entity organized for the purpose of providing health care services at no charge or for a minimal fee.

“Not all Oklahomans have access to health care either because they cannot afford it or because of the hardship of providing that care for profit in certain areas of the state,” said Kern (R-Oklahoma City). “My legislation encourages the use of charitable clinics by protecting the volunteer physicians and health care providers working in the clinic from frivolous lawsuits.”

The legislation addresses where volunteer health care providers can offer their services, Kern said.

“Charitable clinics are not truly free clinics, because many of them need to charge a small fee to cover some of their administrative costs,” Kern said. “This legislation ensures that our current law incorporates this fact.”

House Bill 2521 passed the Oklahoma House of Representatives on a 91-0 vote and now proceeds to the Senate for consideration.

Tuesday, March 29, 2011

House Members Pass Lawsuit Reform Bills

The Oklahoma House of Representatives passed Senate Bills 862 and 865 today by Rep. Dan Sullivan, R-Tulsa and Sen. Anthony Sykes, R-Moore, which would eliminate joint and several liability and require that juries receive accurate information regarding tax impact on awards. The measures are a critical part of the Republican lawsuit reform package supported by Governor Mary Fallin, House Speaker Kris Steele and Senate President Pro-Tempore Brian Bingman.

SB 862 removes a requirement that a defendant, in certain civil actions, will be jointly and severally liable for all damages if the defendant is found to be more than 50% at fault. Under current law, defendants can be held responsible for paying a higher portion of awards beyond the percentage of their fault to plaintiffs, based on their ability to pay. SB 862 would eliminate this practice. The measure passed the House by a 64-32 vote.

“I am extremely pleased by the House passage of these two measures,” said Steele. “Oklahoma lawmakers are taking the task of reforming our state’s legal system very seriously. SB 862 will protect and promote individual responsibility by providing accountability for those who cause injuries, while guarding against unfairly prosecuting individuals for the negligence of others. ”

"This legislation applies a common-sense standard to lawsuits, ensuring that each person is held responsible for his or her actions alone and not the actions of others," Sullivan said. "That is a reasonable approach which also reduces the incentive for individuals to file frivolous lawsuits."

The House also approved Senate Bill 865 by a vote of 65-30. It would instruct juries that no part of an award for damages for personal injury or wrongful death is subject to federal or state income tax and the jury should not consider income taxes when determining a proper compensation award.

NEXT STEP:

Both measures now proceed to Governor Fallin’s desk.

Thursday, May 21, 2009

Years of Dedication Lead to Historic Lawsuit Reform

OKLAHOMA CITY (May 21, 2009) – House Republicans lauded the signature of landmark lawsuit reform legislation today, which will help reduce health care costs for all Oklahomans, reverse a doctor and nurse shortage trend and attract business and economic development to 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.

“The days of Oklahoma being known as a jackpot justice state are over,” said House Speaker Chris Benge. “This legislation will change the economic landscape of our state and will say to companies that we welcome their business in Oklahoma. Our goal throughout the years was to find a solution that would keep the doors of the courthouse open to those with legitimate claims, but reduce the number of frivolous lawsuits that do nothing but drive up costs for all Oklahomans and this legislation is true reform that does just that.”

House Bill 1603 contains the following major provisions:

2009 Oklahoma Lawsuit Reform Agreement

The major reforms agreed upon include the following:
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