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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 373 By: Garvin
AS INTRODUCED
An Act relating to The Governmental Tort Clai ms Act;
amending 51 O.S. 2021, S ection 154, which relates to
extent of liability; allow ing liability for certain
nuisance claims; establishing limitation on liability
for certain nuisance claims; updating statutory
language; and providing an 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 acciden t 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) for any claim or
to any claimant who has more than one claim for loss of property or
nuisance arising out of a single act, accident, o r occurrence;
2. Except as otherwise provided in this paragraph, One Hundred
Twenty-five Thousand Dollars ($125,000.00) to any claimant for a
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claim for any other loss ari sing out of a single act, accident, or
occurrence. The lim it of liability for the st ate 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). Except however ,:
a. the limits limit of the liability for the University
Hospitals and State Mental Health Hospitals opera ted
by the Department of Mental Health and Subs tance Abuse
Services for claims arising from medical negligence
shall be Two Hundred Thousand Dollars ($200,000.00 ).
For,
b. for claims arising from medical negligence by any
licensed physician, osteopathic ph ysician or certified
nurse-midwife rendering prenatal, delivery or infa nt
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 limit of the liability shall be Two Hundred
Thousand Dollars ($200,000.00) , and
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c. for nuisance claims arising from s ewer backflow
floods, sewer backups, wastew ater floods, or other
sewer or water main breaks, t he limit of liability
shall be Fifty Thousand Dollars ($50,000.00) , or if
the claimant alleges actual physical injury resulting
from such events, the limit of liability shall be
twice the documented medical expenses up to the limit
provided in this subpara graph; or
3. One Million Dollars ($1,000,000.00) for any number of claim s
arising out of a single occurrence o r accident.
B. 1. Beginning on May 28, 2003, claims shall be allowed for
wrongful criminal felony c onviction 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 claima nt of guilt 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 paragraph 1 of this subsection, for a c laimant to
recover based on “actual innocence”, the individual must meet the
following criteria:
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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 gu ilty 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,
d. the individual was imprisoned solely on the basi s 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, sen tenced 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 convict ed, 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
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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 sentence for a crime not covered by th is
subsection.
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 imprisonment shall not exceed One Hundred S eventy-five
Thousand Dollars ($175,000.00).
5. The provisions of this su bsection shall apply to convictions
occurring on or before May 28, 2003, as well as convictions
occurring after May 28, 2003. If a court o f competent jurisdiction
finds that retroactive application of this subsection is
unconstitutional, the prospective a pplication of this subsection
shall remain valid.
C. No award for damages in an action or any claim against the
state or a political subdi vision 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
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apply to the district court which has jurisdiction of the cause to
apportion to each claimant the claimant ’s proper share of th e total
amount as limited herein. The share apportioned to each claimant
shall be in the proportion that the r atio of the award or settlement
made to him bears to the aggregate awards and settlements for all
claims against the state or its political subdi visions arising out
of the occurrence. 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 liability of resident physicians and interns wh ile
participating in a graduate medica l education program of the
University of Oklahoma College of Medicine, its affiliated
institutions and the Oklahoma College of Osteopathic Medici ne and
Surgery shall not exceed One Hundred Thousand Dollars ($100,000.00 ).
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 good cause shown shall be co ntinued 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 dut y or liability pursuant to The
Governmental Tort Claims Act.
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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 subdivision sha ll
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 Government al Tort Claims
Act.
SECTION 2. This act shall become effective November 1, 2023.
59-1-1147 TEK 1/15/2023 3:50:32 PM