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ENGROSSED HOUSE
BILL NO. 2373 By: Kannady of the House
and
Howard of the Senate
[ The Governmental Tort Claims 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 Claims 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) The actual amount
of loss 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 paragraph, One Hundred
Twenty-five Thousand Dollars ($125,000.00) Three Hundred Seventy -
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five Thousand Dollars ($375,000.00) to any claimant for a claim for
any other loss arising out of a single act, accident, or occurrence.
The limit 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
defined in subparagraph s of paragraph 11 of Section 152 of this
title, shall not exceed One Hundred Seventy-five Thousand Dollars
($175,000.00) Five Hundred Thousand Dollars ( $500,000.00). 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 Substance Abuse Services for claims arising from
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 auth orized by
subsection B of Section 1 -106 of Title 63 of the Oklahoma Statutes
and in conformity with t he 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 Fifty Thousand
Dollars ($350,000.00) ; or
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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 May 28, 2003, claims shall be allow ed for
wrongful criminal felony conviction resulting in imprisonment if the
claimant has received a fu ll 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 jud icial relief
absolving the claimant of guilt on the basis of actual innocence of
the crime for which t he 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 actu al 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 o f 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 t he 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 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, sentenced and
imprisoned, including any lesser included
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 pro ceedings 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 sentence 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 crimin al felony conviction
resulting in imprisonment shall not exceed One Hundred Seventy-five
Thousand Dollars ($175,000.00) Three Hundred Thousand Doll ars
($300,000.00).
5. The provisions of this subsection shall apply to convictions
occurring on or before Ma y 28, 2003, as well as convictions
occurring after May 28, 2003. If a court of competent jurisdiction
finds that retroactive application of this subsection is
unconstitutional, 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 pun itive 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 claimant
shall be in the proportion that the r atio of the award or se ttlement
made to him each claimant bears to the aggregate awards and
settlements for all claims agains t the state or its political
subdivisions arising out of the occurrence. When the amount 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 e ntitled to that person 's proportionate
share.
E. The total liability of resident physicians and interns while
participating in a graduate medica l education program of the
University of Oklahoma College of Medicine, its affiliated
institutions and the Okla homa 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 subdiv ision may petition the 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 go od 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 Clai ms Act shall be several from that of any
other person or entity, and the state or political subdivision 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 November 1, 2023.
Passed the House of Representatives the 14th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of th e Senate