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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2373 By: Kannady of the House
and
Howard of the Senate
COMMITTEE SUBSTITUTE
An Act relating to The Governmental Tort Claims Act;
amending 51 O.S. 2011, Section 154, which relates to
extent of liability; modifying limits of liability;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2011, Section 154, is
amended to read as follows:
Section 154. A. The total liability of the state and its
political subdivisions on clai ms within the scope of The
Governmental Tort Claims Act, arising out of an accident or
occurrence happening after the effective date of this a ct, Section
151 et seq. of this title, shall not exceed:
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1. Twenty-five Thousand Dollars ($25,000.00) The actual amount
of loss for any claim or to any claimant who has more than one c laim
for loss of property arising out of a single act, accident, or
occurrence;
2. Except as otherwise provided in this paragraph, One Hundred
Twenty-five Thousand Dollars ($ 125,000.00) Three Hundred Seventy-
five Thousand Dollars ($375,000.00) to any claimant for a claim for
any other loss arising out of a single act, accide nt, or occurrence.
The limit of liability for the state or any city or county with a
population of three hundred thous and (300,000) or more according to
the latest Federal Decennial Census shall not exceed One Hundred
Seventy-five Thousand Dollars ($175,0 00.00) Five Hundred Thousand
Dollars ($500,000.00). Except however, the limits of said liability
for the University Hospitals and State Mental Health Hospitals
operated by the Departme nt of Mental Health and Substance Abuse
Services for claims arising fro m medical negligence shall be Two
Hundred Thousand Dollars ($200,000.00) Three Hundred Fifty Thousand
Dollars ($350,000.00). 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 said
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liability shall be Two Hundred Thousand Dollars ($200,000.00) Three
Hundred Fifty Thousand Dollars ($3 50,000.00); or
3. One Million Dollars ($1,000,000.00) Two Million Dollars
($2,000,000.00) for any number of claims arising out of a single
occurrence or accident.
B. 1. Beginning on the effective d ate of this act, claims
shall be allowed for wrongful criminal felony conviction resulti ng
in imprisonment if the claimant has received a full pardon on the
basis of a written finding by the Governor of actual innocence for
the crime for which the claimant was sentenced or has been granted
judicial relief absolving the claimant of guilt on th e basis of
actual innocence of the crime for which the claimant was sen tenced.
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 paragraph 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 lesse r included offense, but was
convicted of the offense,
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c. the individual was sentenced to incarcer ation for a
term of imprisonment as a result of the conviction,
d. the individual was im prisoned 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, was
not committed by the individ ual, 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, sentenced a nd
imprisoned, including any lesser included
offenses, was not committe d by the individual and
issued an order vacating, dismissing or reversing
the conviction and sent ence 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
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serving a concurrent sentence for a crime not covered by this
subsection.
4. The total liability of the state and its political
subdivisions on any claim within the scope of The Governmental Tort
Claims Act arising out of wrongful criminal felony conviction
resulting in imprisonment s hall not exceed One Hundred Seventy-five
Thousand Dollars ($175,000.00) Three Hundred Thousand Dollars
($300,000.00).
5. The provisions of this subsection s hall apply to convictions
occurring on or before the effective date of this act as well as
convictions occurring after the effective date of this act. If a
court of competent jurisdiction finds that retroactive application
of this subsection is unconstitu tional, the prospective application
of this subsection shall remain valid.
C. No award for damages in an action or any claim against the
state or a political subdivision shall include punitive or exemplary
damages.
D. When the amount awarded to or settle d upon multiple
claimants exceeds the limitations of this section, any party may
apply to the district court which has jurisdiction of the cause to
apportion to each clai mant the claimant's proper share of the total
amount as limited herein. The share app ortioned to each claimant
shall be in the proportion that the ratio of the award or settlement
made to him each claimant bears to the aggregate awards and
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settlements for all claims against the state or its political
subdivisions arising out of the occurre nce. When the amount of the
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 liabilit y of resident physicians and interns while
participating in a graduate medical 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 Seventy-five Thousand
Dollars ($175,000.00).
F. The state or a political subdivision may petition t he court
that all parties and actions arising out of a single accident or
occurrence shall be joined as provided by law, and upon order of the
court the proceedings upon good cause show n shall be continued for a
reasonable time or until such joinder has be en 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 this
act.
G. The liability of th e state or political subdivision under
The Governmental Tort Claims Act shall be several from that of any
other person or entity, and the state or political subdivi sion shall
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only be liable for that percentage of total damages that corresponds
to its percentage of total negligence. Nothing in this section
shall be construed as increasing the liability limits imposed on the
state or political subdivision under The Go vernmental Tort Claims
Act.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
03/06/2023 - DO PASS, As Amended and Coauthored.