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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 213 By: Howard
AS INTRODUCED
An Act relating to The Governmental Tort Claims Act;
amending 51 O.S. 2021, Section 154, which relates to
extent of liability; increasing limits on liability
for certain claims; updating statutory language;
updating statutory reference; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2 021, Section 154, is
amended to read as follows:
Section 154. A. The total liability of the state and its
political subdivisions on claims within the scope of The
Governmental Tort Claims Act, arising out of an accident or
occurrence happening after Octo ber 1, 1985, Section 151 et seq. of
this title, shall not exceed:
1. Twenty-five Thousand Dollars ($25,000.00) Seventy-five
Thousand Dollars ($75,000.00) for any claim or to any claimant who
has more than one claim for loss of property arising out of a si ngle
act, accident, or occurrence;
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2. a. Eighty-five Thousand Dollars ($85,000 .00) to any
claimant for any number of claims for inconvenience,
annoyance, or discomfort in nuisance claims arising
out of a single act, accident, or occurrence in a
county with a population of less than one hundred
fifty thousand (150,000) according to the latest
Federal Decennial Census, or
b. One Hundred Forty Thousand Dollars ($140,000.00) to
any claimant for any number of claims for
inconvenience, annoyance, or discomfort in nuisance
claims arising out of a single act, accident, or
occurrence in a county with a population of one
hundred fifty thousand (150,000) or more according to
the latest Federal Decennial Census;
3. Except as otherwise provided in this paragraph, One Hundred
Twenty-five Thousand Dollars ($125,000.00) Two Hundred Fifty
Thousand Dollars ($250,000.00) 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 coun ty with a
population of three hundred thousand (300,000) one hundred fifty
thousand (150,000) 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, sh all not exceed One
Hundred Seventy-five Thousand Dollars ($175,000.00) Three Hundred
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Seventy-five Thousand Dollars ($375,000.00) . Except however, the
limits of the liability for the University Hospitals and State
Mental Health Hospitals state mental health hospitals operated by
the Department of Mental Health and Substance Abuse Se rvices 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 medic al 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 C of Section 1-106 of Title 63 of the Oklahoma Statutes
and in conformity with the requirement s 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); or
3. 4. One Million Dollars ($1,000,00 0.00) for any number of
claims for indemnification pursuant to Section 162 of this title
arising out of a single occurrence or accident ; or
5. Two Million Dollars ($2,000,000.00) in the aggregate for any
number of claims arising out of a single occurrence or 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 the crime for which
the claimant was sentenced or has been granted judicial relief
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absolving the claimant 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 t he pardon or order, the evidence
or basis on which the finding of actual innoc ence 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 lesser included offense, but was
convicted of the offense,
c. the individual was sentenced to incarceration for a
term of imprisonment as a result o f the conviction,
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, was
not committed by the individual, or
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(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 rev ersing
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 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 sc ope of The Governmental Tort
Claims Act arising out of wrongful criminal felony conviction
resulting in imprisonment shall not exceed One Hundred Seventy -five
Thousand Dollars ($175,000.00).
5. The provisions of this subsection shall apply to convictions
occurring on or before May 28, 2003, as well as convictions
occurring after May 28, 2003. If a court of competent jurisdiction
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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 punitive or exemplary
damages.
D. When the amount awarded to or settled upon multiple
claimants exceeds the limitations of this sec tion, 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 ratio 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 amount of the
aggregate losses presented by a single claimant exceeds the limits
of paragraph 1, or 2, or 3 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 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
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Thousand Dollars ($100,000. 00) One Hundred Fifty Thousand Dollars
($150,000.00).
F. The total liability of a public trust hospital and physician
for the acts of a physician who provides medical services on the
premises of a public trust hospital as defined pursuant to Section
152 of this title, that is located in a county with a population of
less than seventy-five thousand (75,000) according to the latest
Federal Decennial Census, but who is not employed by such hospital,
shall not exceed One Million Dollars ($1,000,000.00). If th e
physician is employed by another group or entity not under the sole
or majority control of the physician, the total limit of liability
of the physician and hospital shall be the higher coverage afforded
by the liability policy or self -insurance or assets of that group or
entity.
G. The state or a political subdivision 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 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. H. The liability of the state or political subdivision under
The Governmental Tort Claims Act shall be several from that of any
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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 th is section
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, 2025.
60-1-93 TEK 12/30/2024 4:42:56 PM