EDMOND — For a moment during the special session, barbs, zingers, catch phrases and one-liners stopped as an Edmond lawmaker spoke.
Monday, as the legislative process that began almost a week ago approached the finish line, House members were considering bills passed last week by the Senate.
Members were debating the merits of Senate Bill 14 sponsored by State Rep. Mark McCullough, R-Sapulpa. Several months ago, citing the “single subject rule,” the Oklahoma Supreme Court ruled lawsuit reforms “logrolled” in House Bill 1603, passed in 2009, were unconstitutional. Citing pressing economic concerns, Gov. Mary Fallin called the special session to recodify the reforms individually.
McCullough said SB 14 recodifies “The Asbestos and Silica Claims Priorities Act” passed in 2009. He said in some cases, acknowledging the long incubation period for symptoms of related illness, claims are filed when there is insufficient evidence of injury. The bill sets up sort of triage so those who can demonstrate injury from exposure can get in line first, he said.
During debate, Democrats criticized the source of the bill, sought to conform language to state law, asked about the number of related cases filed here, questioned the removal of asbestos danger signs posted in the Capitol before the special session, criticized the rule preventing fixing bills during this time, drew May 2013 tornado victims and Sept. 11 responders into the discussion and complained about inattentive Republicans.
State Rep. Richard Morrissette, D-Oklahoma City, read a definition of asbestos and its uses and said the bill is a solution looking for a problem. He mocked a comment about businesses exposed to lawsuits.
“How many people have died over this?” Morrissette said raising his voice. “Why is asbestos a problem?” he asked moments later. He mentioned mesothelioma, a cancer linked to asbestos exposure, and listed other related diseases. He spoke about his relatives who died due to asbestos.
After Morrissette was finished, State Rep. Marian Cooksey, R-Edmond, stood in support of the bill.
“I stand today because I am interested in this subject, but I also have a personal story to tell. My dad was a career military man. At the age of 70, he looked like he was 50. He walked 5 miles a day and he had a great life.”
Cooksey said her parents had been married 52 years when her father was diagnosed with mesothelioma.
“They said he would live nine months and he lived nine months, and it was the most horrible nine months that I could ever expect anyone to live,” she said.
It spread and affected his body to the point where he could not sit in a chair and be comfortable, Cooksey said.
“We never filed a lawsuit,” she said. “My dad never would have done that. But it also ended my mother’s life as she had known it for 52 years. And our whole family suffered from this.”
Cooksey said she supports the bill, which she believes would help those suffering from the illness. There are many service members her father’s age showing symptoms of mesothelioma now, Cooksey said.
“This is a subject that is very near and dear to my heart,” she said. “And, yes, I do know someone who died of mesothelioma.”
A moment of silence ensued. House Democratic Leader Scott Inman said he appreciated Cooksey’s story, and the personal nature of it. Then he criticized the legislation, saying it was drafted by an out-of-state special interest group, doesn’t mirror Oklahoma law and funded by corporations that want to get out of lawsuits for asbestos claims.
“This bill is here for one reason — to make it tougher for people who suffer with asbestos poisoning to file a case,” he said.
Inman criticized the rule preventing members from amending bills during the special session, and said the taxpayers have spent $150,000 to date to pass this bill and others. The asbestos bill wasn’t drafted right and needs to be fixed, he said.
“But we can’t fix it,” Inman said, alluding to the House rule.
McCullough used the word “hypocrisy” and said perhaps it was ignorance when Inman approved of the language when he voted for HB 1603 back in 2009. McCullough said asbestos is a complex matter being reduced to platitudes and half-truths.
The House passed the bill 71-21. Members also passed the emergency clause, which requires two-thirds approval by both houses, allowing a measure to become effective immediately upon the governor’s signature or at a specified date. A law cannot become effective fewer than 90 days after adjournment without an emergency clause.
Earlier in the morning, the House passed SB 11, a volunteer liability bill, by a 73-0 margin, SB 12, a food liability bill, by an 81-8 margin and SB 13, a product liability bill, by a 71-16 margin. Members passed the emergency clause attached to SB 11. Emergency clauses attached to SB 12 and SB 13 failed to receive enough votes.
Monday afternoon, Senate President Pro Tempore Brian Bingman said the Senate had completed 23 bills needed to close the window of legal uncertainty and restore important reforms. Bingman applauded the bipartisan support and said he is anticipating the governor signing them into law.
Legislators adjourned Monday afternoon. In all, 23 bills were considered and forwarded to the governor for her signature.
marks@edmondsun.com | 341-2121, ext. 108
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