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March 11, 2011

State Chamber Accredited, With Distinction!

State Chamber Accredited with Distinction

The State Chamber has been awarded Accreditation, with Distinction, which is the highest designation given by the U.S. Chamber.
Thanks to our staff, volunteers and especially our members for their continued support.

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Oklahoma’s 2-Minute Business Watch—This is a series of short, informative videos we will film as-needed this legislative session to keep you up-to-date on the latest business news at the state Capitol.
Contact Jennifer Monies.

State Information

Tort Reform Update

HB 1223 (McCullough/Sykes) - Private Attorney Sunshine Act 
“The Legal Services Reform Act” includes PARSA.  Representative McCullough reports he has coordinated with the AG’s office and spoken directly with AG Pruitt who “enthusiastically supports the bill." Currently assigned to the House Government Modernization, Transparency, and Accountability Committee.  “Do Pass” out of House Government Modernization, Transparency, and Accountability Committee.

SB 874 (Sykes/McCullough) - Private Attorney Sunshine Act
The bill that was passed last year and vetoed by our former Governor.  Died in Senate Appropriations Committee.

SB 494 (Barrington/McNeil, Skye) - Trespasser Responsibility Act
Preempts new Restatement of Torts (which places a liability on the land owner for protection of trespassers unless they are “flagrant” trespassers) by providing that the land possessor owes no duty of care to trespassers beyond that duty spelled out in common law. Senator Barrington is considering adding the language to his bill on trespassing which is currently assigned to the Senate Public Safety Committee.  Passed Senate.

SB 862 (Sykes/Sullivan) - Elimination of Joint & Several Liability
Eliminates Joint & Several Liability except where the state brings the lawsuit. Passed Senate.

SB 863 (Sykes/Sullivan) - Hard Cap on Non-Economic Damages (repeal indemnity fund)
Establishes a $250,000 cap on non-economic damages except in cases of gross negligence; or, intentional or malicious conduct. (Requires a judge and jury finding by clear and convincing evidence of such gross negligence, or intentional or malicious conduct.)  Passed Senate - First Reading in House.

SB 864 (Sykes/Sullivan) - Collateral source provides that if the plaintiff receives compensation or is to receive compensation in the future for the injuries or harm that gave rise to the cause of action from a source wholly independent of the defendant, such fact shall be admitted into evidence and the amount shall be deducted from the amount of damages that the plaintiff recovers from the defendant.  (A floor substitute is being prepared that will exempt any insurance paid for by the plaintiff.)  “Do Pass” recommendation from Senate Judiciary Committee.

SB 865 (Sykes/Sullivan) - Tax ramifications of awards: Jury Instructions applicable in a civil case shall include an instruction notifying the jury that no part of an award for damages for personal injury or wrongful death is subject to federal or state income tax.  Any amount that the jury determines to be proper compensation for personal injury or wrongful death should not be increased or decreased by any consideration for income taxes.  Passed Senate – First Reading in House.

SB 866 (Sykes/Sullivan) - Future damages: Upon request of a party, the court shall order that medical, health care, or custodial services awarded in an action be paid in whole or in part in periodic payments rather than by a lump-sum payment.  Upon request of a party, the court may order that future damages other than medical, health care, or custodial services awarded in a health care liability action be paid in whole or in part in periodic payments rather than by a lump-sum payment.  This section only applies when present value of the award of future damages, as determined by the court, equals or exceeds One Hundred Thousand Dollars ($100,000.00). Passed Senate – First Reading in House.

SB 704 (Johnson, Rob/Sullivan)Adds a new requirement for class action lawsuits that states, the petition in the class action must contain factual allegations sufficient to demonstrate a plausible claim for relief.  Passed Senate.
Contact
Mike Seney.

Education Update

SB 1 (Ford/Denney) Eliminates Trial De Novo requirement for the termination of a non-performing teacher. Passed Senate.

SB 256 (Ford/Denney) Allows Charter schools which lease property are eligible to receive government lease rates. Passed Senate.

SB 536 (Stanislawski/Hickman) Creates a Task Force on administrative efficiencies. Passed Senate.

HB 1380 (Holland/Ford) Eliminates teacher tenure and Trial De Novo. Passed House.

HB 2139 (Steele/Bingman) Restructures the responsibilities of the Oklahoma State Board of Education. Passed House.
Contact Matt Robison.

Health Care Update

HB 1381 (Cox/Jolley) Supplemental Hospital Offset Payment Program Act (Hospital Provider Fee) allowing hospitals to provide a percentage of net hospital revenue to generate federal matching funds which will be utilized to reimburse facilities for Medicaid services rendered. Passed House.

SB 57 (Brown/Ritze) Authorizes the creation of state-to-state “compacts” allowing out-of-state and in-state insurance carriers to sell health insurance plans in Oklahoma which do not have to conform to state benefit mandates. Passed Senate.
Contact Matt Robison.

Aerospace Engineering Tax Incentives Continue To Move - The House passed HB 1008, (Rep. Skye McNiel), this week by a vote of 69-28. The bill would restore the aerospace engineering tax incentives, which will help the industry continue to grow in Oklahoma and attract more high-paying jobs to our state.
Contact Chad Warmington.

Employers Need Workers With Documented Skills – The Career Readiness Certificate (CRC) is a tool available to employers that measures core skills employers deem critical for job success and are based on "real world" experience and abilities.  Employers can also apply for a no cost profile of their key jobs. This will help provide an even better match between employer need and skill level of applicant. For more information about this useful method for prospective employees, Contact Dom Garrison at 405.743.5144 or Susan Kuzmic at 405.809.3582 at the Oklahoma Department of Career Technology. For more information and testimonials on Work Keys click here.  For more information on the full Work Keys program click here.
Contact Matt Robison.

Military Retirement Bill Passes In State Senate – A bill that provides military retirees who stay in Oklahoma for a second career an exemption from state income tax passed this week in the state Senate.  SB 132 by Sen. Ron Justice and Rep. Don Armes exempts 100 percent of military retirement pay from state income tax.  There is a cap of $12,000.  The bill passed by a vote of 40- 0.
Contact Ronn Cupp.

Closing Fund Bill Set For Floor Action Monday – HB 1953, the bill that creates the Oklahoma Quick Action Closing Fund, is scheduled to be heard on the House floor, Monday.  The measure, by Rep. Skye McNiel and Sen. Mike Mazzei, will allow Oklahoma to compete for high impact economic development projects that will bring jobs and investment to the state.  Such funds are used by the governor and legislative leaders in the final negotiations to help companies offset relocation and expansion costs. The State Chamber sent an action alert on this issue. If you would like to write your representative, click here.
Contact Ronn Cupp.

Good News! - New Jobs: Boeing starts hiring 150 for B-1 and C-130 aircraft upgrades, 500 new jobs expected by late 2012. Vaughn Foods seeks 50 production workers, 20 drivers for a growing vegetable and salad business.  i2E is hiring 4 to mentor new technology companies. A CFO and venture advisors needed. Oklahomans start 523 new businesses last week, 4,767 this year. Click here for more good news.
Contact Kris Rush.

Federal Information

Environmental Protection Agency Requests Input – In an attempt to expand efficiency and effectiveness, the U.S. Environmental Protections Agency (EPA) has issued a request for interested parties to participate in their retrospective review of their existing regulations to determine whether any such regulations should be modified, streamlined, expanded or repealed. Response is requested by March 20, 2011. Click here for more information.
Contact Matt Robison.

National Information

U.S. Chamber Study Shows States Could Create Thousands Of New Jobs By Streamlining Employment Regulations - The U.S. Chamber of Commerce’s Workforce Freedom Initiative released a study this week, conducted by Seyfarth Shaw LLP and Navigant Economics, revealing that states with the largest burden of labor and employment regulation are sacrificing opportunities to reduce their unemployment rate and generate new business startups.

The study shows that if each state were to improve their regulatory climates to the level discussed in the report, the effect would be equivalent to a one-time boost of 746,462 net new jobs nationwide. Moreover, the rate of new business formation would increase by 12%, resulting in the creation of 51,590 new firms nationally each year.  Reducing the burden of labor and employment regulation in the states could act as a free shot of economic stimulus — equal to approximately seven months of job creation at the current average rate. To read the full press release, click here.

The U.S. Chamber Of Commerce Released A First-Of-Its-Kind Economic Study This Week, Called Project No Project - identifying 351 stalled energy projects nationwide that in aggregate are costing the American economy $1.1 trillion in GDP and 1.9 million jobs a year that could be created during the construction phase of these projects alone.

“This study should serve as a wake-up call for legislative action to improve the permitting process,” said William Kovacs, U.S. Chamber senior vice president of Environment, Technology and Regulatory Affairs, during the unveiling of Project Denied: The Potential Economic Impact of Permitting Challenges Facing Proposed Energy Projects.  The study features a state-by-state analysis that details the economic output and jobs that could be created by acting on these stagnant projects.  The findings are detailed on the user-friendly site http://www.projectnoproject.com, which features an in-depth breakdown of every stalled project. For information on the Oklahoma project, click here.

Calendar Information

Transportation Innovation Banquet This Tuesday – Former Pennsylvania Governor and Co-Founder of Building America’s Future, Ed Rendell, will be the special guest.  For more information and to register, click here.

Congratulations

Oklahoma Medical Research Foundation (OMRF) was ranked the 6th Best Place to Work by Scientist magazine. Oklahoma City earned the highest possible AAA bond rating.  Ada, Ardmore, McAlester and Shawnee tout a double-digit gain in 5-year sales tax growth.  An OU pre-med senior is the founder of Hitsman Menswear. His tie designs have been featured in GQ magazine. An investment group names Dollar Thrifty stock the number 2 performer on the U.S. Stock Exchange for the last two years. BOK Center was ranked 4th on Venue’s national top tour list.

 

The State Chamber of Oklahoma has over 2,000 membership locations, representing over 400,000 employees. Currently, 50 percent of our members have 10 or less employees. The State Chamber is a unique, non-partisan organization. We are the only organization in Oklahoma to represent all types of business and industry in all parts of our state. In addition to businesses, we represent schools, foundations, trade associations, local chambers of commerce and other non-profit organizations which drive our economy. We are legislative advocates for business with the stated goal of making Oklahoma the state of choice for business.

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