Tahlequah Daily Press

Features

November 5, 2009

Legislators comment on new laws

Several new state laws hit the books Nov. 1, including one that bans human cloning.



A number of new state laws went into effect Nov. 1, and local lawmakers had mixed views on their passage.

Some of the laws included:

• House Bill 2026, which expands the Insure Oklahoma health insurance premium assistance program by creating a core benefits package for young, healthy Oklahomans to purchase inexpensive insurance policies, and an insurance hub to help match Oklahomans to private insurance plans that fit their needs.

• House Bill 1603, which provides civil justice legislation to cut down on frivolous lawsuits that supporters believe will help reduce health care costs, reverse a doctor and nurse shortage and attract businesses to the state. It caps non-economic damages except in cases of gross negligence.

• Senate Bill 812, a Lemon Law that gives vehicle buyers better protections if the new car or truck they have purchased turns out to be defective.

• House Bill 1114, which bans human cloning in Oklahoma.

• Senate Bill 135, which provides a plan to increase the number of therapists serving children with autism. The bill creates a licensing process for national board-certified behavioral analysts and trains more doctors to treat autism.

• House Bill 1953, which makes companies that support, repair and maintain service activities for wind industry energy companies eligible for the state’s Quality Jobs Act to help attract companies to Oklahoma involved in all aspects of the wind energy industry.

• House Bill 394, which eliminates barriers to alternative teacher certification.

• Senate Bill 833, which encourages state agencies to develop and implement an energy efficiency and conservation plan and calls for the designation of a current employee at each agency to help develop an energy plan.

Sen. Jim Wilson, D-Tahlequah, took issue with HB 1603, SB 135, and 394.

According to HB 1603’s author, Rep. Daniel Sullivan, R-Tulsa, the law is comprehensive lawsuit reform, similar to a bill the governor vetoed two years ago.

“Health care costs went up 6 percent this year and are expected to go up 9 percent next year – 15 percent for small businesses,” said Wilson. “The response from the Senate author of this bill, when I asked if we would see a decrease in health care costs, was, ‘This has never been about money.’”

Rep. Mike Brown, D-Tahlequah, said SB 1603 is a “terrible bill.”

“The bad part about it is we set up a fund paid for by the taxpayers,” said Brown. “Now, the lawyers will look at that fund to see how much is in it and go after that amount. Why should taxpayers be on the hook for something insurance companies should be paying?”

Wilson said the new autism bill, SB 135, is less than ideal.

“This is a ruse to give lip service to the autism issue, while protecting insurance companies from having to cover therapy for autism,” he said.

Sen. Jay Paul Gumm, D-Durant, author of the original Nick’s Law that would have required insurance companies to provide coverage for the diagnosis and treatment of autism, issued the following statement on the passage of the legislation:

“Unfortunately [the] passing of Senate Bill 135 will do nothing to ease the pressure on the families who so desperately seek coverage for the therapy necessary to bring their child out of the shadows of autism,” said Gumm. “There is nothing in this bill to reduce the costs of these therapies. The pressure that is being eased by this bill is political pressure on a group of politicians who have stood up time and time again and said, ‘Absolutely not’ to Nick’s Law. They will now be able to stand up and say, ‘We did something.’ Sadly, that ‘something’ falls woefully short for these families who deserve better than this.”

Even Democratic Gov. Brad Henry, who signed the law, expressed concern that the measure was only “one very small step” in the effort to help Oklahoma families dealing with autism.

Brown said he signed off as a co-author on the House version of the bill, but admitted it was a compromise.

“I tried to amend it to include some other aspects, but ended up having to compromise,” he said. “We were not providing any funds as a payer provision, which I wanted in the amendment, but it didn’t pass. I received word from Speaker-elect Kris Steele that he would possibly look at a mandate, but it was a gentleman’s agreement.”

Wilson fears HB 394, which provides alternative teacher education, may have an adverse effect on Oklahoma students.

According to the Oklahoma Department of Education website, the “non-traditional teacher licensure program” was created to prepare qualified individuals to meet teaching shortages in various subject areas. The program would allow people with professional experience, knowledge and career successes who possess a variety of work experience to teach in a school classroom setting.

“This law removes requirements that show teaching proficiency,” said Wilson. “Perhaps to eventually hire less-trained and less-expensive teachers.”

Brown supported the Lemon Law legislation.

“I’ve actually been down that road,” said Brown. “I had a brand-new lemon that ended up costing me about $3,000. I know who lobbied that legislation, and it took her 2-1/2 years to get it pushed through. That should be a lesson: There’s nothing worse than a mother scorned.”

Brown said women are also the reason the fight for autism is so strong.

“We have a number of women and mothers who are fighting to get the autism issue reopened,” he said. “The Oklahoma Child Advocacy Group has voted that issue one of the top four issues to come back with, despite the fact that the House has deemed it dead. They could bring it back; you can always reverse a decision.”

Many people may surprised to learn one of the laws recently passed bans human cloning.

“There was not a problem there,” said Brown. “The legislation will hurt the OU research center. Human cloning has never been practice. It wasn’t a problem, but the religious right took this one on.”

Brown believes HB 1953, which provides incentives for wind power, may be a knee-jerk reaction.

“I had a very comprehensive energy bill that didn’t get through several years ago,” said Brown. “It included traditional energy, and was a very complex bill, over 200 pages long, but it was refused. Back then, an energy crisis wasn’t even on their radar. Those people need to come to the game a little quicker, rather than wait until there’s a crisis. Evidently, energy wasn’t a priority for those people.”

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