Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB213 Compare Versions

Version 1 (Old)

Version 2 (New)

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29		-	SENATE FLOOR VERSION
30		-	February 25, 2025
	28	+	STATE OF OKLAHOMA
31	29
	30	+	1st Session of the 60th Legislature (2025)
32	31
33	32		COMMITTEE SUBSTITUTE
34	33		FOR
35		-	SENATE BILL ~~NO.~~ 213 By: Howard
	34	+	SENATE BILL 213 By: Howard
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	39	+
	40	+	COMMITTEE SUBSTITUTE
40	41
41	42		An Act relating to The Governmental Tort Claims Act;
42	43		amending 51 O.S. 2021, Section s 152, as last amended
43	44		by Section 111, Chapter 452, O.S.L. 2024, and 154 (51
44	45		O.S. Supp. 2024. Section 152) , which relate to
45	46		definitions and extent of liability; modifying
46	47		definitions; increasing limits on liability for
47	48		certain claims; updating statutory language; updating
48	49		statutory reference; and providing an effective date .
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53	54		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
54	55		SECTION 1. AMENDATORY 51 O.S. 2021, Section 152, as last
55	56		amended by Section 111, Chapter 452, O.S.L. 2024 (51 O.S. Supp.
56	57		2024, Section 152), is amended to read as follows:
57	58		Section 152. As used in The Governmental Tort Claims Act:
58	59		1. “Action” means a proceeding in a court of competent
59	60		jurisdiction by which one party brings a suit against another;
60	61		2. “Agency” means any board, commission, committee, department
61	62		or other instrumentality or entity designated to act in behal f of
62	63		the state or a political subdivision;
63		-	3. “Charitable health care provider ” means a person who is
64		-	licensed, certified, or otherwise authorized by the laws of this
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	90	+	3. “Charitable health care provider ” means a person who is
	91	+	licensed, certified, or otherwise authorized by t he laws of this
92	92		state to administer health care in the ordinary course of business
93	93		or the practice of a profession and who provides care to a medically
94	94		indigent person, as defined in paragraph 9 of this section, with no
95	95		expectation of or acceptance of compensation of any kind;
96	96		4. “Claim” means any written demand presented by a claimant or
97	97		the claimant’s authorized representative in accordance with the
98	98		Governmental Tort Claims Act to recover money from the state or
99	99		political subdivision as compensation for an act or omission of a
100	100		political subdivision or the state or an employee;
101	101		5. “Claimant” means the person or the person ’s authorized
102	102		representative who files notice of a claim in accordance with The
103	103		Governmental Tort Claims Act. Only the following pe rsons and no
104	104		others may be claimants:
105	105		a. any person holding an interest in real or personal
106	106		property which suffers a loss, provided that the claim
107	107		of the person shall be aggregated with claims of all
108	108		other persons holding an interest in the property and
109	109		the claims of all other persons which are derivative
110	110		of the loss, and that multiple claimants shall be
111	111		considered a single claimant,
112	112		b. the individual actually involved in the accident or
113	113		occurrence who suffers a loss, provided that the
114		-	individual shall aggregate in the claim the losses of
115		-	all other persons which are derivative of the loss, or
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	140	+	individual shall aggr egate in the claim the losses of
	141	+	all other persons which are derivative of the loss, or
143	142		c. in the case of death, an administrator, special
144	143		administrator or a personal representative who shall
145	144		aggregate in the claim all losses of all persons which
146	145		are derivative of the death;
147	146		6. “Community health care provider ” means:
148	147		a. a health care provider who volunteers services at a
149	148		community health center that has been deemed by the
150	149		U.S. Department of Health and Human Services as a
151	150		federally qualified health center a s defined by 42
152	151		U.S.C., Section 1396d(l)(2)(B),
153	152		b. a health provider who provides services to an
154	153		organization that has been deemed a federally
155	154		qualified look-alike community health center, and
156	155		c. a health care provider who provides services to a
157	156		community health center that has made application to
158	157		the U.S. Department of Health and Human Services for
159	158		approval and deeming as a federally qualified look -
160	159		alike community health center in compliance with
161	160		federal application guidance, and has received
162	161		comments from the U.S. Department of Health and Human
163	162		Services as to the status of such application with the
164	163		established intent of resubmitting a modified
165		-	application, or, if denied, a new application, no
166		-	later than six (6) months from the date of the
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	190	+	application, or, if denied, a new application, no
	191	+	later than six (6) months from the date of the
194	192		official notification from the U.S. Department of
195	193		Health and Human Services requiring resubmission of a
196	194		new application;
197	195		7. “Employee” means any person who is authorized to act in
198	196		behalf of a political subdivision or the state whether that person
199	197		is acting on a permanent or temporary basis, with or without being
200	198		compensated or on a full -time or part-time basis.
201	199		a. Employee also includes:
202	200		(1) all elected or appointed officers, members of
203	201		governing bodies and other persons designated to
204	202		act for an agency or political subdivision , but
205	203		the term does not mean a person or other legal
206	204		entity while acting in the capacity of an
207	205		independent contractor or an employee of an
208	206		independent contractor,
209	207		(2) from September 1, 1991, through June 30, 1996,
210	208		licensed physicians, licensed osteopat hic
211	209		physicians and certified nurse -midwives providing
212	210		prenatal, delivery or infant care services to
213	211		State Department of Health clients pursuant to a
214	212		contract entered into with the State Department
215	213		of Health in accordance with paragraph 3 of
216		-	subsection B of Section 1 -106 of Title 63 of the
217		-	Oklahoma Statutes but only insofar as services
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	240	+	subsection B of Section 1-106 of Title 63 of the
	241	+	Oklahoma Statutes but only insofar as services
245	242		authorized by and in conformity with the terms of
246	243		the contract and the requirements of Section 1 -
247	244		233 of Title 63 of the Oklahoma Statutes, and
248	245		(3) any volunteer, full-time or part-time firefighter
249	246		when performing duties for a fire department
250	247		provided for in subparagraph j of paragra ph 11 of
251	248		this section.
252	249		b. For the purposes of The Governmental Tort Claims Act,
253	250		the following are employees of this state, regardless
254	251		of the place in this state where duties as employees
255	252		are performed:
256	253		(1) physicians acting in an administrative capacity,
257	254		(2) resident physicians and resident interns
258	255		participating in a graduate medical education
259	256		program of the University of Oklahoma Health
260	257		Sciences Center, the College of Osteopathic
261	258		Medicine of Oklahoma State University, or the
262	259		Department of Mental Health and Substance Abuse
263	260		Services,
264	261		(3) faculty members and staff of the University of
265	262		Oklahoma Health Sciences Center and the College
266		-	of Osteopathic Medicine of Oklahoma State
267		-	University, while engaged in teaching dut ies,
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	289	+	of Osteopathic Medicine of Oklahoma State
	290	+	University, while engaged in teaching duties,
295	291		(4) physicians who practice medicine or act in an
296	292		administrative capacity as an employee of an
297	293		agency of the State of Oklahoma,
298	294		(5) physicians who provide medical care to inmates
299	295		pursuant to a contract with the Department of
300	296		Corrections,
301	297		(6) any person who is licensed to practice medicine
302	298		pursuant to Title 59 of the Oklahoma Statutes,
303	299		who is under an administrative professional
304	300		services contract with the Oklahoma Health Care
305	301		Authority under the a uspices of the Oklahoma
306	302		Health Care Authority Chief Medical Officer, and
307	303		who is limited to performing administrative
308	304		duties such as professional guidance for medical
309	305		reviews, reimbursement rates, service
310	306		utilization, health care delivery and benefit
311	307		design for the Oklahoma Health Care Authority,
312	308		only while acting within the scope of such
313	309		contract,
314	310		(7) licensed medical professionals under contract
315	311		with city, county, or state entities who provide
316		-	medical care to inmates or detainees in the
317		-	custody or control of law enforcement agencies,
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	338	+	medical care to inmates or detainees in the
	339	+	custody or control of law enforcement agencies,
345	340		(8) licensed mental health professionals as defined
346	341		in Sections 1-103 and 5-502 of Title 43A of the
347	342		Oklahoma Statutes, who are conducting initial
348	343		examinations of individuals for the purpose of
349	344		determining whether an individ ual meets the
350	345		criteria for emergency detention as part of a
351	346		contract with the Department of Mental Health an d
352	347		Substance Abuse Services, and
353	348		(9) licensed mental health professionals as defined
354	349		in Sections 1-103 and 5-502 of Title 43A of the
355	350		Oklahoma Statutes, w ho are providing mental
356	351		health or substance abuse treatment services
357	352		under a professional services contract with the
358	353		Department of Mental Health and Substance Abuse
359	354		Services and are providing such treatment
360	355		services at a state-operated facility.
361	356		Physician faculty members and physician staff of the
362	357		University of Oklahoma Health Sciences Center and the
363	358		College of Osteopathic Medicine of Oklahoma State
364	359		University not acting in an administrative capacity or
365	360		engaged in teaching duties are not employees or agents
366	361		of the state.
367		-	c. For the purposes of The Governmental To rt Claims Act,
368		-	employee shall include independent contractors and
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	388	+	c. For the purposes of The Governmental Tort Claims Act,
	389	+	employee shall include independent contractors and
396	390		employees of independent contractors while actively
397	391		engaged in the transport of individuals in need of
398	392		initial assessment, emerge ncy detention, or protective
399	393		custody as authorized by Section 1 -110 of Title 43A of
400	394		the Oklahoma Statutes.
401	395		d. Except as provided in subparagraph b of this
402	396		paragraph, in no event shall the state be held liable
403	397		for the tortious conduct of any physician, resident
404	398		physician or intern while practicing medicine or
405	399		providing medical treatment to patients.
406	400		e. For purposes of The Governmental Tort Claims Act,
407	401		members of the state military forces on state active
408	402		duty orders or on Title 32 active duty orders are
409	403		employees of this state, regardless of the place,
410	404		within or outside this state, where their duties as
411	405		employees are performed;
412	406		8. “Loss” means death or injury to the body or rights of a
413	407		person or damage to real or personal property or rights therein;
414	408		9. “Medically indigent” means a person requiring medically
415	409		necessary hospital or other health care services for the person or
416	410		the dependents of the person who has no public or private third -
417		-	party coverage, and whose personal resources are insufficient to
418		-	provide for needed health care;
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	437	+	party coverage, and whose personal resources are insufficient to
	438	+	provide for needed health care;
446	439		10. “Municipality” means any incorporated city or town, and all
447	440		institutions, agenci es or instrumentalities of a municipality;
448	441		11. “Political subdivision ” means:
449	442		a. a municipality,
450	443		b. a school district, including, but not limited to, a
451	444		technology center school district established pursuant
452	445		to Section 4410, 4411, 4420 or 4420.1 of Title 70 of
453	446		the Oklahoma Statutes, or a public library as defined
454	447		pursuant to Section 1 -104 of Title 65 of the Oklahoma
455	448		Statutes,
456	449		c. a county,
457	450		d. a public trust where the sole beneficiary or
458	451		beneficiaries are a city, town, school district or
459	452		county. For purposes of The Governmental Tort Claims
460	453		Act, a public trust shall include:
461	454		(1) a municipal hospital created pursuant to Sections
462	455		30-101 through 30-109 of Title 11 of the Oklahoma
463	456		Statutes, a county hospital created pursuant to
464	457		Sections 781 through 796 of Title 19 of the
465	458		Oklahoma Statutes, or is created pursuant to a
466	459		joint agreement between such governing
467	460		authorities, that is operated for the public
468		-	benefit by a public trust created pursuant to
469		-	Sections 176 through 18 0.4 of Title 60 of the
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	487	+	benefit by a public trust created pursuant to
	488	+	Sections 176 through 180.4 of Title 60 of the
497	489		Oklahoma Statutes and man aged by a governing
498	490		board appointed or elected by the municipality,
499	491		county, or both, who exercises control of the
500	492		hospital, subject to the approval of t he
501	493		governing body of the municipality, county, or
502	494		both,
503	495		(2) a public trust created pursuant to Sections 176
504	496		through 180.4 of Title 60 of the Oklahoma
505	497		Statutes after January 1, 2009, the primary
506	498		purpose of which is to own, manage, or operate a
507	499		public acute care hospital in this state that
508	500		serves as a teaching hospital for a medical
509	501		residency program provided by a college of
510	502		osteopathic medicine and provides care to
511	503		indigent persons, and
512	504		(3) a corporation in which all of the capital stock
513	505		is owned, or a limit ed liability company in which
514	506		all of the member interest is owned, by a public
515	507		trust,
516	508		e. for the purposes of The Governmental Tort Claims Act
517	509		only, a housing authority created pursuant to the
518	510		provisions of the Oklahoma Housing Authorities Act,
519		-	f. for the purposes of The Governmental Tort Claims Act
520		-	only, corporations organized not for profit pursuant
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	537	+	f. for the purposes of The Governmental Tort Claims Act
	538	+	only, corporations organized not for profit pursuant
548	539		to the provisions of the Oklahoma General Corporation
549	540		Act for the primary purpose of developing and
550	541		providing rural water supply and sewage disposal
551	542		facilities to serve rural residents,
552	543		g. for the purposes of The Governmental Tort Claims Act
553	544		only, districts formed pursuant to the Rural Water,
554	545		Sewer, Gas and Solid Waste Management Districts Act,
555	546		h. for the purposes of The Governmental Tort Claims Act
556	547		only, master conservancy districts formed pursuant to
557	548		the Conservancy Act of Oklahoma,
558	549		i. for the purposes of The Go vernmental Tort Claims Act
559	550		only, a fire protection district created pursuant to
560	551		the provisions of Section 901.1 et seq. of Title 19 of
561	552		the Oklahoma Statutes,
562	553		j. for the purposes of The Governmental Tort Claims Act
563	554		only, a benevolent or charitable corporate volunteer
564	555		or full-time fire department for an unincorporated
565	556		area created pursuant to the provisions of Section 592
566	557		et seq. of Title 18 of the Okla homa Statutes,
567	558		k. for purposes of The Governmental Tort Claims Act only,
568	559		an Emergency Services Provider rend ering services
569	560		within the boundaries of a Supplemental Emergency
570		-	Services District pursuant to an existing contract
571		-	between the Emergency Services Provider and the State
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	587	+	Services District pursuant to an existing contract
	588	+	between the Emergency Services Provi der and the State
599	589		Department of Health. Provided, however, that the
600	590		acquisition of commercial liability insurance covering
601	591		the activities of such Emergency Services Provider
602	592		performed within this state shall not operate as a
603	593		waiver of any of the limit ations, immunities or
604	594		defenses provided for political subdivisions pursuant
605	595		to the terms of The Governmental Tort Claims Act,
606	596		l. for purposes of The Governmental Tort Claims Act only,
607	597		a conservation district created pursuant to the
608	598		provisions of the Conservati on District Act,
609	599		m. for purposes of The Governmental Tort Claims Act,
610	600		districts formed pursuant to the Oklahoma Irrigation
611	601		District Act,
612	602		n. for purposes of The Governmental Tort Claims Act only,
613	603		any community action agency established pursuant to
614	604		Sections 5035 through 5040 of Title 74 of the Oklahoma
615	605		Statutes,
616	606		o. for purposes of The Governmental Tort Claims Act only,
617	607		any organization that is designated as a youth
618	608		services agency, pursuant to Section 2 -7-306 of Title
619	609		10A of the Oklahoma Statutes,
620		-	p. for purposes of The Governmental Tort Claims Act only,
621		-	any judge presiding over a drug court, as defined by
622		-	Section 471.1 of Title 22 of the Oklahoma Statutes,
623	610
624		-	SENATE FLOOR VERSION - SB213 SFLR Page 13
625		-	(Bold face denotes Committee Amendments) 1
	611	+	Req. No. 1769 Page 13 1
626	612		2
627	613		3
628	614		4
629	615		5
630	616		6
631	617		7
632	618		8
633	619		9
634	620		10
635	621		11
636	622		12
637	623		13
638	624		14
639	625		15
640	626		16
641	627		17
642	628		18
643	629		19
644	630		20
645	631		21
646	632		22
647	633		23
648	634		24
649	635
	636	+	p. for purposes of The Governmental Tort Claims Act only,
	637	+	any judge presiding over a drug court, as defined by
	638	+	Section 471.1 of Title 22 of the Oklahoma Statutes,
650	639		q. for purposes of The Governmental Tort Claims Act only,
651	640		any child-placing agency licensed by this state to
652	641		place children in foster family homes,
653	642		r. for purposes of The Governmental Tort Claims Act only,
654	643		a circuit engineering district created pursuant to
655	644		Section 687.1 of Title 69 of the Oklahoma Statutes,
656	645		s. for purposes of the Governmental Tort Claims Act only,
657	646		a substate planning district, regional council of
658	647		government or other entity created pursuant to Section
659	648		1001 et seq. of Title 74 of the Oklahoma Statutes, and
660	649		t. for purposes of The Governmental Tort Claims Act only,
661	650		a regional transportation a uthority created pursuant
662	651		to Section 1370.7 of Title 68 of the Oklahoma Statutes
663	652		including its contract oper ator and any railroad
664	653		operating in interstate commerce that sells a property
665	654		interest or provides services to a regional
666	655		transportation authority or all ows the authority to
667	656		use the property or tracks of the railroad for the
668	657		provision of public passenger rail service to the
669	658		extent claims against the contract operator or
670	659		railroad arise out of or are related to or in
671		-	connection with such property interest, services or
672		-	operation of the public passenger rail servic e.
673		-	Provided, the acquisition of commercial liability
674	660
675		-	SENATE FLOOR VERSION - SB213 SFLR Page 14
676		-	(Bold face denotes Committee Amendments) 1
	661	+	Req. No. 1769 Page 14 1
677	662		2
678	663		3
679	664		4
680	665		5
681	666		6
682	667		7
683	668		8
684	669		9
685	670		10
686	671		11
687	672		12
688	673		13
689	674		14
690	675		15
691	676		16
692	677		17
693	678		18
694	679		19
695	680		20
696	681		21
697	682		22
698	683		23
699	684		24
700	685
	686	+	connection with such property interes t, services or
	687	+	operation of the public passenger rail service.
	688	+	Provided, the acquisition of commercial liab ility
701	689		insurance to cover the activities of the regional
702	690		transportation authority, contract operator or
703	691		railroad shall not operate as a waiver of any
704	692		liabilities, immunities or defenses provided pursuant
705	693		to the provisions of the Governmental Tort Claims Act,
706	694		and
707	695		u. for purposes of The Governmental Tort Claims Act only,
708	696		a not-for-profit corporation in which all of the
709	697		membership interest is owned by a public trust created
710	698		pursuant to Sections 176 through 180.4 of Title 60 of
711	699		the Oklahoma Statutes, and pursuan t to Section 3201 et
712	700		seq. of Title 63 of the Oklahoma Statutes,
713	701		and all their institutions, instrumentalities or agencies;
714	702		12. “Scope of employment” means performance by an employee
715	703		acting in good faith within the duties of the employee ’s office or
716	704		employment or of tasks lawfully assigned by a competent authority
717	705		including the operation or use of an agency vehicle or equipment
718	706		with actual or implie d consent of the supervisor of the employee,
719	707		but shall not include corruption or fraud;
720	708		13. “State” means the State of Oklahoma or any office,
721	709		department, agency, authority, commission, board, institution,
722		-	hospital, college, university, public trust created pursuant to
723		-	Title 60 of the Oklahoma Statutes of which the S tate of Oklahoma is
724		-	the beneficiary, or other instrumentality thereof;
725	710
726		-	SENATE FLOOR VERSION - SB213 SFLR Page 15
727		-	(Bold face denotes Committee Amendments) 1
	711	+	Req. No. 1769 Page 15 1
728	712		2
729	713		3
730	714		4
731	715		5
732	716		6
733	717		7
734	718		8
735	719		9
736	720		10
737	721		11
738	722		12
739	723		13
740	724		14
741	725		15
742	726		16
743	727		17
744	728		18
745	729		19
746	730		20
747	731		21
748	732		22
749	733		23
750	734		24
751	735
	736	+	hospital, college, university, public trust created pur suant to
	737	+	Title 60 of the Oklahoma Statutes of which the State of Oklahoma is
	738	+	the beneficiary, or other instrumentality thereof;
752	739		14. “State active duty” shall be defined in accordance with
753	740		Section 801 of Title 44 of the Oklahoma Statutes;
754	741		15. “State military forces” shall be defined in accordance with
755	742		Section 801 of Title 44 of the Oklahoma Statutes;
756	743		16. “Title 32 active duty ” shall be defined in accordance with
757	744		Section 801 of Title 44 of the Oklahoma Statutes; and
758	745		17. “Tort” means a legal wrong, indepen dent of contract,
759	746		involving violation of a duty imposed by general law, statute, the
760	747		Constitution of the State of Oklahoma, or otherwise, resulting in a
761	748		loss to any person, association or corporation as the proximate
762	749		result of an act or omission of a political subdivision or the state
763	750		or an employee acting within the scope of employment; provided,
764	751		however, a tort shall not include a claim for inverse condemnation.
765	752		SECTION 2. AMENDATORY 51 O.S. 2021, Section 154, is
766	753		amended to read as follows:
767	754		Section 154. A. The total liability of the state and its
768	755		political subdivisions on claims within the scope of The
769	756		Governmental Tort Claims Act, arising out of an accident or
770	757		occurrence happening after October 1, 1985, Section 151 et seq . of
771	758		this title, shall not exceed:
772		-	1. Twenty-five Thousand Dollars ($25,000.00) Seventy-five
773		-	Thousand Dollars ($75,000.00) for any claim or to any claimant who
774		-	has more than one claim for loss of property arising out of a single
775		-	act, accident, or occurrence;
776	759
777		-	SENATE FLOOR VERSION - SB213 SFLR Page 16
778		-	(Bold face denotes Committee Amendments) 1
	760	+	Req. No. 1769 Page 16 1
779	761		2
780	762		3
781	763		4
782	764		5
783	765		6
784	766		7
785	767		8
786	768		9
787	769		10
788	770		11
789	771		12
790	772		13
791	773		14
792	774		15
793	775		16
794	776		17
795	777		18
796	778		19
797	779		20
798	780		21
799	781		22
800	782		23
801	783		24
802	784
	785	+	1. Twenty-five Thousand Dollars ($25,000.00) Seventy-five
	786	+	Thousand Dollars ($75,000.00) for any claim or to any claimant who
	787	+	has more than one claim for loss of property arising out of a single
	788	+	act, accident, or occurrence;
803	789		2. a. Eighty-five Thousand Dollars ($85,000.00) to any
804	790		claimant for any number of claims for inconvenience,
805	791		annoyance, or discomfort in nuisance claims arising
806	792		out of a single act, accident, or occurrence in a
807	793		county with a population of less than one hundred
808	794		fifty thousand (150,000) according to the latest
809	795		Federal Decennial Census, or
810	796		b. One Hundred Forty Tho usand Dollars ($140,000.00) to
811	797		any claimant for any number of claims for
812	798		inconvenience, annoyance, or discomfort in nuisance
813	799		claims arising out of a sin gle act, accident, or
814	800		occurrence in a county with a population of one
815	801		hundred fifty thousand (150,000) or more according to
816	802		the latest Federal Decennial Census;
817	803		3. Except as otherwise provided in this paragraph, One Hundred
818	804		Twenty-five Thousand Dollars ($125,000.00) Two Hundred Fifty
819	805		Thousand Dollars ($250,000.00) to any claimant for a claim for any
820	806		other loss arising out of a single act, accident, or occurrence.
821	807		The limit of liability for the state or any city or county with a
822	808		population of three hundred thousand (300,000) one hundred fifty
823		-	thousand (150,000) or more according to the latest Federal Decennial
824		-	Census, or a political subdivision as defined in subparagraph s of
825		-	paragraph 11 of Section 152 of this title, shall not exceed One
826		-	Hundred Seventy-five Thousand Dollars ($175,000.00) Three Hundred
827	809
828		-	SENATE FLOOR VERSION - SB213 SFLR Page 17
829		-	(Bold face denotes Committee Amendments) 1
	810	+	Req. No. 1769 Page 17 1
830	811		2
831	812		3
832	813		4
833	814		5
834	815		6
835	816		7
836	817		8
837	818		9
838	819		10
839	820		11
840	821		12
841	822		13
842	823		14
843	824		15
844	825		16
845	826		17
846	827		18
847	828		19
848	829		20
849	830		21
850	831		22
851	832		23
852	833		24
853	834
	835	+	thousand (150,000) or more according to the latest Federal Decennial
	836	+	Census, or a political subdivision as defined in subparagraph s of
	837	+	paragraph 11 of Section 152 of this title, shall not exceed One
	838	+	Hundred Seventy-five Thousand Dollars ($175,000.00) Three Hundred
854	839		Seventy-five Thousand Dollars ($375,000.00) . Except however, the
855	840		limits of the liability for the University Hospitals and State
856	841		Mental Health Hospitals state mental health hospitals operated by
857	842		the Department of Mental Health and Substance Abuse Services for
858	843		claims arising from medical negligence shall be Two Hundred Thousand
859	844		Dollars ($200,000.00) Three Hundred Thousand Dollars ($300,000.00) .
860	845		For claims arising from medical negligence by any licensed
861	846		physician, osteopathic physician or certified nurse -midwife
862	847		rendering prenatal, delivery or infant care service s from September
863	848		1, 1991, through June 30, 1996, pursuant to a contract authorized by
864	849		subsection B C of Section 1-106 of Title 63 of the Oklahoma Statut es
865	850		and in conformity with the requirements of Section 1 -233 of Title 63
866	851		of the Oklahoma Statutes, the limits of the liability shall be Two
867	852		Hundred Thousand Dollars ($200,000.00); or
868	853		3. 4. One Million Dollars ($1,000,000.00) for any number of
869	854		claims for indemnification pursuant to Section 162 of this title
870	855		arising out of a single occurrence or accident ; or
871	856		5. Two Million Dollars ($2,000,000.00) in the aggregate for any
872	857		number of claims arising out of a single occurrence or accident .
873		-	B. 1. Beginning on May 28, 2003, claims shall be allowed for
874		-	wrongful criminal felony conviction resulting in imprisonment if the
875		-	claimant has received a full pardon on the basis of a written
876		-	finding by the Governor of actual innocence for the crime for which
877		-	the claimant was sentenced or has been granted judicial relief
878	858
879		-	SENATE FLOOR VERSION - SB213 SFLR Page 18
880		-	(Bold face denotes Committee Amendments) 1
	859	+	Req. No. 1769 Page 18 1
881	860		2
882	861		3
883	862		4
884	863		5
885	864		6
886	865		7
887	866		8
888	867		9
889	868		10
890	869		11
891	870		12
892	871		13
893	872		14
894	873		15
895	874		16
896	875		17
897	876		18
898	877		19
899	878		20
900	879		21
901	880		22
902	881		23
903	882		24
904	883
	884	+	B. 1. Beginning on Ma y 28, 2003, claims shall be allowed for
	885	+	wrongful criminal felony conviction resulting in imprisonment if the
	886	+	claimant has received a full pardon on the basis of a written
	887	+	finding by the Governor of actual innocence for the crime for which
	888	+	the claimant was sentenced or has been granted judicial relief
905	889		absolving the claimant of guilt on the basis of actual inn ocence of
906	890		the crime for which the claimant was sentenced. The Governor or the
907	891		court shall specifically state, in the pardon or order, the evidence
908	892		or basis on which the finding of actual innocence is based.
909	893		2. As used in paragraph 1 of this subsection, for a claimant to
910	894		recover based on “actual innocence”, the individual must meet the
911	895		following criteria:
912	896		a. the individual was charged, by indictmen t or
913	897		information, with the commission of a public offense
914	898		classified as a felony,
915	899		b. the individual did not pl ead guilty to the offense
916	900		charged, or to any lesser included offense, but was
917	901		convicted of the offense,
918	902		c. the individual was sentenced to incarceration for a
919	903		term of imprisonment as a result of the conviction,
920	904		d. the individual was imprisoned solely on the basis of
921	905		the conviction for the offense, and
922	906		e. (1) in the case of a pardon, a determination was made
923	907		by either the Pardon and Parole Board or t he
924		-	Governor that the offense for which the
925		-	individual was convicted, sentenced and
926		-	imprisoned, including any lesser offenses, was
927		-	not committed by the individual, or
928	908
929		-	SENATE FLOOR VERSION - SB213 SFLR Page 19
930		-	(Bold face denotes Committee Amendments) 1
	909	+	Req. No. 1769 Page 19 1
931	910		2
932	911		3
933	912		4
934	913		5
935	914		6
936	915		7
937	916		8
938	917		9
939	918		10
940	919		11
941	920		12
942	921		13
943	922		14
944	923		15
945	924		16
946	925		17
947	926		18
948	927		19
949	928		20
950	929		21
951	930		22
952	931		23
953	932		24
954	933
	934	+	Governor that the offense for which the
	935	+	individual was convicted, sentenced and
	936	+	imprisoned, including any l esser offenses, was
	937	+	not committed by the individual, or
955	938		(2) in the case of judicial relief, a court of
956	939		competent jurisdiction found by clear and
957	940		convincing evidence that the offense for which
958	941		the individual was convicted, sentenced and
959	942		imprisoned, including any lesser included
960	943		offenses, was not committed by the individual and
961	944		issued an order vacating, dismissing or reversing
962	945		the conviction and sente nce and providing that no
963	946		further proceedings can be or will be held
964	947		against the individual on any facts and
965	948		circumstances alleged in the proceedings which
966	949		had resulted in the conviction.
967	950		3. A claimant shall not be entitled to compensation for any
968	951		part of a sentence in prison during which the claimant was also
969	952		serving a concurrent sentence for a crime not covered by this
970	953		subsection.
971	954		4. The total liability of the state and its political
972	955		subdivisions on any claim within the scope of The Governmental Tort
973	956		Claims Act arising out of wrongful criminal felony conviction
974		-	resulting in imprisonment shall not exceed One Hundred Seventy -five
975		-	Thousand Dollars ($175,000.00).
976		-	5. The provisions of this subsection shall apply to convictions
977		-	occurring on or before May 28, 2003, as well as convictions
978		-	occurring after May 28, 2003. If a court of competent jurisdiction
979	957
980		-	SENATE FLOOR VERSION - SB213 SFLR Page 20
981		-	(Bold face denotes Committee Amendments) 1
	958	+	Req. No. 1769 Page 20 1
982	959		2
983	960		3
984	961		4
985	962		5
986	963		6
987	964		7
988	965		8
989	966		9
990	967		10
991	968		11
992	969		12
993	970		13
994	971		14
995	972		15
996	973		16
997	974		17
998	975		18
999	976		19
1000	977		20
1001	978		21
1002	979		22
1003	980		23
1004	981		24
1005	982
	983	+	resulting in imprisonment shall not exceed One Hun dred Seventy-five
	984	+	Thousand Dollars ($175,000.00).
	985	+	5. The provisions of this subsection shall apply to convictions
	986	+	occurring on or before May 28, 2003, as well as convictions
	987	+	occurring after May 28, 2003. If a court of competent jurisdiction
1006	988		finds that retroactive application of this subsection is
1007	989		unconstitutional, the prospective application of this subsection
1008	990		shall remain valid.
1009	991		C. No award for damages in an action or any claim against the
1010	992		state or a political subdivision shall include punitive or exemp lary
1011	993		damages.
1012	994		D. When the amount awarded to or settled upon multiple
1013	995		claimants exceeds the limitations of this section, any party may
1014	996		apply to the district court which has jurisdiction of the cause to
1015	997		apportion to each claimant the claimant ’s proper share of the total
1016	998		amount as limited herein. The share apportioned to each claimant
1017	999		shall be in the proportion that the ratio of the award or settleme nt
1018	1000		made to him each claimant bears to the aggregate awards and
1019	1001		settlements for all claims against the state or its political
1020	1002		subdivisions arising out of the occurrence. When the amount of the
1021	1003		aggregate losses presented by a single claimant exceeds the limits
1022	1004		of paragraph 1, or 2, or 3 of subsection A of this section, each
1023	1005		person suffering a loss shall be entitled to that person ’s
1024	1006		proportionate share.
1025		-	E. The total liability of resident physicians and interns while
1026		-	participating in a graduate medical education program of the
1027		-	University of Oklahoma College of Medicine, its affiliated
1028		-	institutions and the Oklahoma State University College of
1029		-	Osteopathic Medicine and Surgery shall not exceed One Hundred
1030	1007
1031		-	SENATE FLOOR VERSION - SB213 SFLR Page 21
1032		-	(Bold face denotes Committee Amendments) 1
	1008	+	Req. No. 1769 Page 21 1
1033	1009		2
1034	1010		3
1035	1011		4
1036	1012		5
1037	1013		6
1038	1014		7
1039	1015		8
1040	1016		9
1041	1017		10
1042	1018		11
1043	1019		12
1044	1020		13
1045	1021		14
1046	1022		15
1047	1023		16
1048	1024		17
1049	1025		18
1050	1026		19
1051	1027		20
1052	1028		21
1053	1029		22
1054	1030		23
1055	1031		24
1056	1032
	1033	+	E. The total liability of resident physicians and interns while
	1034	+	participating in a graduate medical educat ion program of the
	1035	+	University of Oklahoma College of Medicine, its affiliated
	1036	+	institutions and the Oklahoma State University College of
	1037	+	Osteopathic Medicine and Surgery shall not exceed One Hundred
1057	1038		Thousand Dollars ($100,000.00) One Hundred Fifty Thousand Dollar s
1058	1039		($150,000.00).
1059	1040		F. The total liability of a public trust hospital and physician
1060	1041		for the acts of a physician who provides medical services on the
1061	1042		premises of a public trust hospital as defined pursuant to Section
1062	1043		152 of this title, that is located i n a county with a population of
1063	1044		less than seventy-five thousand (75,000) according to the latest
1064	1045		Federal Decennial Census, but who is not employed by such hospital,
1065	1046		shall not exceed One Million Dollars ($1,000,000.00). If the
1066	1047		physician is employed by another gr oup or entity not under the sole
1067	1048		or majority control of the physician, the total limit of liability
1068	1049		of the physician and hospital shall be the higher coverage afforded
1069	1050		by the liability policy or self -insurance or assets of that group or
1070	1051		entity.
1071	1052		G. The state or a political subdivision may petition the court
1072	1053		that all parties and actions arising out of a singl e accident or
1073	1054		occurrence shall be joined as provided by law, and upon order of the
1074	1055		court the proceedings upon good cause shown shall be continued for a
1075	1056		reasonable time or until such joinder has been completed. The state
1076		-	or political subdivision shall be allowed to interplead in any
1077		-	action which may impose on it any duty or liability pursuant to The
1078		-	Governmental Tort Claims Act.
1079		-	G. H. The liability of the state or political subdivision under
1080		-	The Governmental Tort Claims Act shall be several from that of any
1081	1057
1082		-	SENATE FLOOR VERSION - SB213 SFLR Page 22
1083		-	(Bold face denotes Committee Amendments) 1
	1058	+	Req. No. 1769 Page 22 1
1084	1059		2
1085	1060		3
1086	1061		4
1087	1062		5
1088	1063		6
1089	1064		7
1090	1065		8
1091	1066		9
1092	1067		10
1093	1068		11
1094	1069		12
1095	1070		13
1096	1071		14
1097	1072		15
1098	1073		16
1099	1074		17
1100	1075		18
1101	1076		19
1102	1077		20
1103	1078		21
1104	1079		22
1105	1080		23
1106	1081		24
1107	1082
	1083	+	or political subdivision shall be allowed to interplead in any
	1084	+	action which may impose on it any duty or liability pursuant to The
	1085	+	Governmental Tort Claims Act.
	1086	+	G. H. The liability of the state or political subdivision under
	1087	+	The Governmental Tort Claims Act shall be several from that of an y
1108	1088		other person or entity, and the state or political subdivision shall
1109	1089		only be liable for that percentage of total damages that corresponds
1110	1090		to its percentage of total negligence. Nothing in this section
1111	1091		shall be construed as increasing the liability limits imposed on the
1112	1092		state or political subdivision under The Governmental Tort Claims
1113	1093		Act.
1114	1094		SECTION 3. This act shall become effectiv e November 1, 2025.
1115		-	~~COMMITTEE REPORT BY: COMMITTEE ON JUDICIAR Y~~
1116		-	~~February~~ 25, 2025 ~~- DO PASS AS AMENDED BY CS~~
	1095	+
	1096	+	60-1-1769 TEK 2/25/2025 5:14:58 PM