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OK SJR41

Joint Resolution

Status

Introduced

2/6/2017

Primary Sponsor

Anthony Sykes

Click for details

Origin

Senate

2017 Regular Session

AI Summary

  • Directs the Secretary of State to refer a proposed Oklahoma Constitutional amendment adding Section 7A to Article XXIII to voters for approval or rejection.

  • Limits maximum recovery in civil actions for motor vehicle accident damages to medical costs, property damage, and lost income (excluding pain and suffering) if the plaintiff lacks compliance with the Compulsory Insurance Law.

  • Creates seven exceptions to the damage limitation including: injury caused by an intoxicated motorist (if convicted or motorist died), passengers in the accident vehicle, plaintiffs not in any vehicle involved, wrongful death claims, intentional accidents, hit-and-runs, and felony-related accidents.

  • Exempts recovery limitations for dependents whose parents lacked required insurance coverage and for plaintiffs whose insurance was terminated or nonrenewed for nonpayment without at least 30 days' notice.

  • Allows liable parties and their motor vehicle liability insurers to assert the recovery limitation unless an exception under subsection B applies.

Legislative Description

Constitutional amendment; limiting recovery for damages against insurer in certain circumstances. Ballot title.

Last Action

Second Reading referred to Rules

2/7/2017

Committee Referrals

Rules2/7/2017

Full Bill Text

No bill text available