Oklahoma 2023 Regular Session

Oklahoma House Bill HB2373 Compare Versions

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3		-	ENGR. H. B. NO. 2373 Page 1 1
	3	+	HB2373 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2373 By: Kannady of the House
	30	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	31	+
	32	+	STATE OF OKLAHOMA
	33	+
	34	+	1st Session of the 59th Legislature (2023)
	35	+
	36	+	COMMITTEE SUBSTITUTE
	37	+	FOR
	38	+	HOUSE BILL NO. 2373 By: Kannady of the House
30	39
31	40		and
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33	42		Howard of the Senate
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	48	+	COMMITTEE SUBSTITUTE
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40		-	[ The Governmental Tort Claims Act - limits of
41		-	liability - effective date ]
	50	+	An Act relating to The Governmental Tort Claims Act;
	51	+	amending 51 O.S. 2011, Section 154, which relates to
	52	+	extent of liability; modifying limits of liability;
	53	+	and providing an effective date .
	54	+
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46	60		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
47		-	SECTION 1. AMENDATORY 51 O.S. ~~2021~~, Section 154, is
	61	+	SECTION 1. AMENDATORY 51 O.S. 2011, Section 154, is
48	62		amended to read as follows:
49	63		Section 154. A. The total liability of the state and its
50	64		political subdivisions on clai ms within the scope of The
51	65		Governmental Tort Claims Act, arising out of an accident or
52		-	occurrence happening after October 1, 1985, Section 151 et seq. of
53		-	this title, shall not exceed:
54		-	1. Twenty-five Thousand Dollars ($25,000.00) The actual amount
55		-	of loss for any claim or to any claimant who has more than one claim
56		-	for loss of property arising out of a single act, accident, or
57		-	occurrence;
58		-	2. Except as otherwise provided in this paragraph, One Hundred
59		-	Twenty-five Thousand Dollars ($125,000.00) Three Hundred Seventy -
	66	+	occurrence happening after the effective date of this a ct, Section
	67	+	151 et seq. of this title, shall not exceed:
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61		-	ENGR. H. B. NO. 2373 Page 2 1
	69	+	HB2373 HFLR Page 2
	70	+	BOLD FACE denotes Committee Amendments.
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	96	+	1. Twenty-five Thousand Dollars ($25,000.00) The actual amount
	97	+	of loss for any claim or to any claimant who has more than one c laim
	98	+	for loss of property arising out of a single act, accident, or
	99	+	occurrence;
	100	+	2. Except as otherwise provided in this paragraph, One Hundred
	101	+	Twenty-five Thousand Dollars ($ 125,000.00) Three Hundred Seventy-
86	102		five Thousand Dollars ($375,000.00) to any claimant for a claim for
87	103		any other loss arising out of a single act, accide nt, or occurrence.
88	104		The limit of liability for the state or any city or county with a
89	105		population of three hundred thous and (300,000) or more according to
90		-	the latest Federal Decennial Census, or a political subdivision as
91		-	defined in subparagraph s of paragraph 11 of Section 152 of this
92		-	title, shall not exceed One Hundred Seventy-five Thousand Dollars
93		-	($175,000.00) Five Hundred Thousand Dollars ( $500,000.00). Except
94		-	however, the limits of the liability for the University Hospitals
95		-	and State Mental Health Hospitals opera ted by the Department of
96		-	Mental Health and Substance Abuse Services for claims arising from
97		-	medical negligence shall be Two Hundred Thousand Dollars
98		-	($200,000.00) Three Hundred Fifty Thousand Dollars ($350, 000.00).
99		-	For claims arising from medical negligence by any licensed
100		-	physician, osteopathic physician or certified nurse-midwife
101		-	rendering prenatal, delivery or infant care services from September
102		-	1, 1991, through June 30, 1996, pursuant to a contract auth orized by
103		-	subsection B of Section 1 -106 of Title 63 of the Oklahoma Statutes
104		-	and in conformity with t he requirements of Section 1 -233 of Title 63
105		-	of the Oklahoma Statutes, the limits of the liability shall be Two
	106	+	the latest Federal Decennial Census shall not exceed One Hundred
	107	+	Seventy-five Thousand Dollars ($175,0 00.00) Five Hundred Thousand
	108	+	Dollars ($500,000.00). Except however, the limits of said liability
	109	+	for the University Hospitals and State Mental Health Hospitals
	110	+	operated by the Departme nt of Mental Health and Substance Abuse
	111	+	Services for claims arising fro m medical negligence shall be Two
106	112		Hundred Thousand Dollars ($200,000.00) Three Hundred Fifty Thousand
107		-	Dollars ($350,000.00) ; or
	113	+	Dollars ($350,000.00). For claims arising from medical negligence
	114	+	by any licensed physician, osteopathic physician or certified nurse -
	115	+	midwife rendering prenatal, delivery or infant care services from
	116	+	September 1, 1991, through June 30, 1996, pursuant to a contract
	117	+	authorized by subsection B of Section 1 -106 of Title 63 of the
	118	+	Oklahoma Statutes and in conformity with the requirements of Section
	119	+	1-233 of Title 63 of the Oklahoma Statutes, the limits of said
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109		-	ENGR. H. B. NO. 2373 Page 3 1
	121	+	HB2373 HFLR Page 3
	122	+	BOLD FACE denotes Committee Amendments.
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	148	+	liability shall be Two Hundred Thousand Dollars ($200,000.00) Three
	149	+	Hundred Fifty Thousand Dollars ($3 50,000.00); or
134	150		3. One Million Dollars ($1,000,000.00) Two Million Dollars
135	151		($2,000,000.00) for any number of claims arising out of a single
136	152		occurrence or accident.
137		-	B. 1. Beginning on May 28, 2003, claims shall be allow ed for
138		-	wrongful criminal felony conviction resulting in imprisonment if the
139		-	claimant has received a fu ll pardon on the basis of a written
140		-	finding by the Governor of actual innocence for th e crime for which
141		-	the claimant was sentenced or has been granted jud icial relief
142		-	absolving the claimant of guilt on the basis of actual innocence of
143		-	the crime for which t he claimant was sentenced. The Governor or the
144		-	court shall specifically state, in the pardon or order, the evidence
145		-	or basis on which the finding of actu al innocence is based.
	153	+	B. 1. Beginning on the effective d ate of this act, claims
	154	+	shall be allowed for wrongful criminal felony conviction resulti ng
	155	+	in imprisonment if the claimant has received a full pardon on the
	156	+	basis of a written finding by the Governor of actual innocence for
	157	+	the crime for which the claimant was sentenced or has been granted
	158	+	judicial relief absolving the claimant of guilt on th e basis of
	159	+	actual innocence of the crime for which the claimant was sen tenced.
	160	+	The Governor or the court shall specifically state, in the pardon or
	161	+	order, the evidence or basis on which the finding of actual
	162	+	innocence is based.
146	163		2. As used in paragraph 1 of this subsection, for a claimant to
147	164		recover based on "actual innocence", the individual must meet the
148	165		following criteria:
149	166		a. the individual was charged, by indictment or
150	167		information, with the commission of a public offense
151	168		classified as a felony,
152	169		b. the individual did not plead guilty to the offense
153	170		charged, or to any lesse r included offense, but was
154	171		convicted of the offense,
155		-	c. the individual was sentenced to incarceration for a
156		-	term of imprisonment as a result of the conviction,
157	172
158		-	ENGR. H. B. NO. 2373 Page 4 1
	173	+	HB2373 HFLR Page 4
	174	+	BOLD FACE denotes Committee Amendments.
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	200	+	c. the individual was sentenced to incarcer ation for a
	201	+	term of imprisonment as a result of the conviction,
183	202		d. the individual was im prisoned solely on the basis of
184	203		the conviction for the offense, and
185	204		e. (1) in the case of a pardon, a determination was made
186	205		by either the Pardon and Parole Board or the
187	206		Governor that the offense for which the
188	207		individual was convicted, sentenced and
189	208		imprisoned, including any lesser offenses, was
190	209		not committed by the individ ual, or
191	210		(2) in the case of judicial relief, a court of
192	211		competent jurisdiction found by clear and
193	212		convincing evidence that the offense for which
194	213		the individual was convicted, sentenced a nd
195	214		imprisoned, including any lesser included
196	215		offenses, was not committe d by the individual and
197	216		issued an order vacating, dismissing or reversing
198	217		the conviction and sent ence and providing that no
199	218		further proceedings can be or will be held
200	219		against the individual on any facts and
201	220		circumstances alleged in the proceedings which
202	221		had resulted in the conviction.
203	222		3. A claimant shall not be entitled to compensation for any
204	223		part of a sentence in prison during which the claimant was also
205		-	serving a concurrent sentence for a crime not covered by this
206		-	subsection.
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208		-	ENGR. H. B. NO. 2373 Page 5 1
	225	+	HB2373 HFLR Page 5
	226	+	BOLD FACE denotes Committee Amendments.
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	252	+	serving a concurrent sentence for a crime not covered by this
	253	+	subsection.
233	254		4. The total liability of the state and its political
234	255		subdivisions on any claim within the scope of The Governmental Tort
235	256		Claims Act arising out of wrongful criminal felony conviction
236	257		resulting in imprisonment s hall not exceed One Hundred Seventy-five
237	258		Thousand Dollars ($175,000.00) Three Hundred Thousand Dollars
238	259		($300,000.00).
239	260		5. The provisions of this subsection s hall apply to convictions
240		-	occurring on or before ~~Ma y 28,~~ ~~2003,~~ as well as ~~convictions~~
241		-	occurring after ~~May 28,~~ ~~2003~~. If a ~~court of competent jurisdiction~~
242		-	finds that retroactive application ~~of this subsection is~~
243		-	~~unconstitutional~~, the prospective application ~~of this subsection~~
244		-	shall remain valid.
	261	+	occurring on or before the effective date of this act as well as
	262	+	convictions occurring after the effective date of this act. If a
	263	+	court of competent jurisdiction finds that retroactive application
	264	+	of this subsection is unconstitu tional, the prospective application
	265	+	of this subsection shall remain valid.
245	266		C. No award for damages in an action or any claim against the
246	267		state or a political subdivision shall include punitive or exemplary
247	268		damages.
248	269		D. When the amount awarded to or settle d upon multiple
249	270		claimants exceeds the limitations of this section, any party may
250	271		apply to the district court which has jurisdiction of the cause to
251	272		apportion to each clai mant the claimant's proper share of the total
252	273		amount as limited herein. The share app ortioned to each claimant
253	274		shall be in the proportion that the ratio of the award or settlement
254	275		made to him each claimant bears to the aggregate awards and
255		-	settlements for all claims agains t the state or its political
256		-	subdivisions arising out of the occurrence. When the amount of the
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258		-	ENGR. H. B. NO. 2373 Page 6 1
	277	+	HB2373 HFLR Page 6
	278	+	BOLD FACE denotes Committee Amendments.
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	304	+	settlements for all claims against the state or its political
	305	+	subdivisions arising out of the occurre nce. When the amount of the
283	306		aggregate losses presented by a single claimant exceeds the limits
284	307		of paragraph 1 or 2 of subsection A of this section, each person
285	308		suffering a loss shall be entitled to that person 's proportionate
286	309		share.
287	310		E. The total liabilit y of resident physicians and interns while
288	311		participating in a graduate medical education program of the
289	312		University of Oklahoma College of Medicine, its affiliated
290	313		institutions and the Oklahoma State University College of
291	314		Osteopathic Medicine and Surgery shall not exceed One Hundred
292	315		Thousand Dollars ($100,000.00) One Hundred Seventy-five Thousand
293	316		Dollars ($175,000.00).
294	317		F. The state or a political subdivision may petition t he court
295	318		that all parties and actions arising out of a single accident or
296	319		occurrence shall be joined as provided by law, and upon order of the
297	320		court the proceedings upon good cause show n shall be continued for a
298	321		reasonable time or until such joinder has be en completed. The state
299	322		or political subdivision shall be allowed to interplead in any
300		-	action which may impose on it any duty or liability pursuant to ~~The~~
301		-	~~Governmental Tort Claims~~ Act.
	323	+	action which may impose on it any duty or liability pursuant to this
	324	+	act.
302	325		G. The liability of th e state or political subdivision under
303	326		The Governmental Tort Claims Act shall be several from that of any
304	327		other person or entity, and the state or political subdivi sion shall
305		-	only be liable for that percentage of total damages that corresponds
306		-	to its percentage of total negligence. Nothing in this section
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308		-	ENGR. H. B. NO. 2373 Page 7 1
	329	+	HB2373 HFLR Page 7
	330	+	BOLD FACE denotes Committee Amendments.
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	356	+	only be liable for that percentage of total damages that corresponds
	357	+	to its percentage of total negligence. Nothing in this section
333	358		shall be construed as increasing the liability limits imposed on the
334	359		state or political subdivision under The Go vernmental Tort Claims
335	360		Act.
336	361		SECTION 2. This act shall become effective November 1, 2023.
337		-	Passed the House of Representatives the 14th day of March, 2023.
338	362
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341		-
342		-	Presiding Officer of the House
343		-	of Representatives
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347		-	Passed the Senate the ___ day of __________, 2023.
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352		-	Presiding Officer of th e Senate
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354		-
	363	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
	364	+	03/06/2023 - DO PASS, As Amended and Coauthored.