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SENATE FLOOR VERSION
March 3, 2022
SENATE BILL NO. 1773 By: Howard of the Senate
and
Kannady of the House
[ Governmental Tort Clai ms Act - limits of liability
- effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2021, Section 154, is
amended to read as follows:
Section 154. A. The total liability of the state and its
political subdivisions on claims within t he scope of The
Governmental Tort Claim s Act, arising out of an accident or
occurrence happening after October 1, 1985, Section 151 et seq . of
this title, shall not exceed:
1. Twenty-five Thousand Dollars ($25,000.00) Forty Thousand
Dollars ($40,000.00) for any claim or to any claimant who has more
than one claim for loss of property arising out of a single act,
accident, or occurrence;
2. Except as otherwise provided in this paragra ph, One Hundred
Twenty-five Thousand Dollars ($125,000.00) Two Hundred Thousand
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Dollars ($200,000.00) to any claimant for a claim for any other loss
arising out of a single act, accident, or occurrence. The lim it of
liability for the state or any city or county with a population of
three hundred thousand (300,000) or more according to the latest
Federal Decennial Census, or a political subdivision as def ined in
subparagraph s of paragraph 11 of Section 152 of th is title, shall
not exceed One Hundred Seventy-five Thousand Dollars ($175,000.00)
Two Hundred Seventy-five Thousand Dollars ($275,000.00) . Except,
however, the limits of the liability for the University Hospitals
and State Mental Health Hospitals opera ted by the Department of
Mental Health and Subst ance Abuse Services for claims arising from
medical negligence shall be Two Hundred Thousand Dollars
($200,000.00) Three Hundred Thousand Dollars ($300,000.00). For
claims arising from medical negligence by any licensed physician,
osteopathic physician or certified nurse-midwife rendering prenatal,
delivery or infant care services from September 1, 1991, through
June 30, 1996, pursuant to a contract authorized by subsection B of
Section 1-106 of Title 63 of the Oklahoma Statutes and in conformity
with the requirements of Section 1 -233 of Title 63 of the Oklahoma
Statutes, the limits of the liability shall be Two Hundred Thousand
Dollars ($200,000.00) Three Hundred Thousand Dollars ($300,000.00) ;
or
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3. One Million Dollars ($1,000,000.00) One Million Five Hundred
Thousand Dollars ($1,500,000.00) for any number of claims arising
out of a single occurrence o r accident.
B. 1. Beginning on May 28, 2003, claims shall be allowed for
wrongful criminal felony conviction resulting in imprisonment if the
claimant has received a full pardon on the basis of a written
finding by the Governor of actual innocence for th e crime for which
the claimant was sentenced or has been granted judicial relief
absolving the claimant of guil t on the basis of actual innocence of
the crime for which the claimant was sentenced. The Governor or the
court shall specifically state, in the pardon or order, the evidence
or basis on which the finding of actual innocence is based.
2. As used in parag raph 1 of this subsection, for a claimant to
recover based on “actual innocence”, the individual must meet the
following criteria:
a. the individual was charged, by indictment or
information, with the commission of a public offense
classified as a felony,
b. the individual did not plead guilty to the offense
charged, or to any lesser included offense, but was
convicted of the offense,
c. the individual was sentenced to incarceration for a
term of imprisonment as a result of the conviction,
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d. the individual was imprisoned solely on the basis of
the conviction for the offense, and
e. (1) in the case of a pardon, a determination was made
by either the Pardon and Parole Board or the
Governor that the offense for which the
individual was convicted, sentenced and
imprisoned, including any lesser offenses, w as
not committed by the individual, or
(2) in the case of judicial relief, a court of
competent jurisdiction found by clear and
convincing evidence that the offense for which
the individual was convicted, senten ced and
imprisoned, including any lesser incl uded
offenses, was not committed by the individual and
issued an order vacating, dismissing or rever sing
the conviction and sentence and providing that no
further proceedings can be or will be held
against the individual on any facts and
circumstances alleged in the proceedings which
had resulted in the conviction.
3. A claimant shall not be entitled to compensation for any
part of a sentence in prison during which the claimant was also
serving a concurrent sent ence for a crime not covered by this
subsection.
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4. The total liability of the state and its political
subdivisions on any claim within the scop e of The Governmental Tort
Claims Act arising out of wrongful criminal felony conviction
resulting in imprisonm ent shall not exceed One Hundred Seventy-five
Thousand Dollars ($175,000.00) Two Hundred Seventy-five Thousand
Dollars ($275,000.00) .
5. The provisions of this subsection shall apply to convictions
occurring on or before May 28, 2003, as well as convictio ns
occurring after May 28, 2003. If a court of competent jurisdiction
finds that retroactive application of this subsection is
unconstitutional, the prospe ctive application of this subsection
shall remain valid.
C. No award for damages in an action or an y claim against the
state or a political subd ivision shall include punitive or exemplary
damages.
D. When the amount awarded to or settled upon multiple
claimants exceeds the limitations of this secti on, any party may
apply to the district court which has jurisdiction of the cause to
apportion to each claimant the claimant ’s proper share of the total
amount as limited herein. The share apportioned to each c laimant
shall be in the proportion that the r atio of the award or settlement
made to him each claimant bears to the aggregate awards and
settlements for all claims against the state or its political
subdivisions arising out of the occurrence. When the amo unt of the
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aggregate losses presented by a single claimant exceeds the limits
of paragraph 1 or 2 of subsection A of this section, each person
suffering a loss shall be entitled to that person ’s proportionate
share.
E. The total liability of resident phys icians and interns while
participating in a graduate medica l education program of the
University of Oklahoma College of Medicine, its affiliated
institutions and the Oklahoma State University College of
Osteopathic Medicine and Surgery shall not exceed One Hundred
Thousand Dollars ($100,000.00) One Hundred Fifty Thousand Dollars
($150,000.00).
F. The state or a political subdiv ision may petition t he court
that all parties and actions arising out of a single accident or
occurrence shall be joined as provide d by law, and upon order of the
court the proceedings upon good cause shown shall be continued for a
reasonable time or until such joinder has been completed. The state
or political subdivision shall be allowed to interplead in any
action which may impose on it any duty or liability pursuant to The
Governmental Tort Claims Act.
G. The liability of the state or political subdiv ision under
The Governmental Tort Claims Act shall be several from that of any
other person or entity, and the state or political s ubdivision shall
only be liable for that percentage of total damages that corresponds
to its percentage of total negligence. Nothing in this section
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shall be construed as increasing the liability limits imposed on the
state or political subdivision under The Governmental Tort Claims
Act.
SECTION 2. This act shall become effective Novemb er 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
March 3, 2022 - DO PASS. Title stricken by Committee on Judicia ry.