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1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 1069 By: Prieto
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to The Governmental Tort Claims Act;
7 amending 51 O.S. 2021, Sections 152, as last amended
8 by Section 111, Chapter 452, O.S.L. 2024, 154, and
8 155, as amended by Section 21, Chapter 228, O.S.L.
9 2022 (51 O.S. Supp. 2024, Sections 152 and 155),
9 which relate to definitions, extent of liability, and
10 exceptions from liability; modifying definitions;
10 requiring award of certain costs and fees for
11 prevailing plaintiff; authorizing award of certain
11 fees to defendant under certain circumstances;
12 providing for liability for exempted acts upon
12 certain findings by court; and providing an effective
13 date.
13
14
14
15
15
16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
16
17 SECTION 1. AMENDATORY 51 O.S. 2021, Section 152, as last
17
18 amended by Section 111, Chapter 452, O.S.L. 2024 (51 O.S. Supp.
18
19 2024, Section 152), is amended to read as follows:
19
20 Section 152. As used in The Governmental Tort Claims Act:
20
21 1. "Action" means a proceeding in a court of competent
21
22 jurisdiction by which one party brings a suit against another;
22
23
23
24
24
Req. No. 407 Page 1
1 2. "Agency" means any board, commission, committee, department
1
2 or other instrumentality or entity designated to act in behalf of
2
3 the state or a political subdivision;
3
4 3. "Charitable health care provider" means a person who is
4
5 licensed, certified, or otherwise authorized by the laws of this
5
6 state to administer health care in the ordinary course of business
6
7 or the practice of a profession and who provides care to a medically
7
8 indigent person, as defined in paragraph 9 of this section, with no
8
9 expectation of or acceptance of compensation of any kind;
9
10 4. "Claim" means any written demand presented by a claimant or
10
11 the claimant's authorized representative in accordance with the
11
12 Governmental Tort Claims Act to recover money from the state or
12
13 political subdivision as compensation for an act or omission of a
13
14 political subdivision or the state or an employee;
14
15 5. "Claimant" means the person or the person's authorized
15
16 representative who files notice of a claim in accordance with The
16
17 Governmental Tort Claims Act. Only the following persons and no
17
18 others may be claimants:
18
19 a. any person holding an interest in real or personal
19
20 property which suffers a loss, provided that the claim
20
21 of the person shall be aggregated with claims of all
21
22 other persons holding an interest in the property and
22
23 the claims of all other persons which are derivative
23
24
24
Req. No. 407 Page 2
1 of the loss, and that multiple claimants shall be
1
2 considered a single claimant,
2
3 b. the individual actually involved in the accident or
3
4 occurrence who suffers a loss, provided that the
4
5 individual shall aggregate in the claim the losses of
5
6 all other persons which are derivative of the loss, or
6
7 c. in the case of death, an administrator, special
7
8 administrator or a personal representative who shall
8
9 aggregate in the claim all losses of all persons which
9
10 are derivative of the death;
10
11 6. "Community health care provider" means:
11
12 a. a health care provider who volunteers services at a
12
13 community health center that has been deemed by the
13
14 U.S. Department of Health and Human Services as a
14
15 federally qualified health center as defined by 42
15
16 U.S.C., Section 1396d(l)(2)(B),
16
17 b. a health provider who provides services to an
17
18 organization that has been deemed a federally
18
19 qualified look-alike community health center, and
19
20 c. a health care provider who provides services to a
20
21 community health center that has made application to
21
22 the U.S. Department of Health and Human Services for
22
23 approval and deeming as a federally qualified look-
23
24 alike community health center in compliance with
24
Req. No. 407 Page 3
1 federal application guidance, and has received
1
2 comments from the U.S. Department of Health and Human
2
3 Services as to the status of such application with the
3
4 established intent of resubmitting a modified
4
5 application, or, if denied, a new application, no
5
6 later than six (6) months from the date of the
6
7 official notification from the U.S. Department of
7
8 Health and Human Services requiring resubmission of a
8
9 new application;
9
10 7. "Employee" means any person who is authorized to act in
10
11 behalf of a political subdivision or the state whether that person
11
12 is acting on a permanent or temporary basis, with or without being
12
13 compensated or on a full-time or part-time basis.
13
14 a. Employee also includes:
14
15 (1) all elected or appointed officers, members of
15
16 governing bodies and other persons designated to
16
17 act for an agency or political subdivision, but
17
18 the term does not mean a person or other legal
18
19 entity while acting in the capacity of an
19
20 independent contractor or an employee of an
20
21 independent contractor,
21
22 (2) from September 1, 1991, through June 30, 1996,
22
23 licensed physicians, licensed osteopathic
23
24 physicians and certified nurse-midwives providing
24
Req. No. 407 Page 4
1 prenatal, delivery or infant care services to
1
2 State Department of Health clients pursuant to a
2
3 contract entered into with the State Department
3
4 of Health in accordance with paragraph 3 of
4
5 subsection B of Section 1-106 of Title 63 of the
5
6 Oklahoma Statutes but only insofar as services
6
7 authorized by and in conformity with the terms of
7
8 the contract and the requirements of Section 1-
8
9 233 of Title 63 of the Oklahoma Statutes, and
9
10 (3) any volunteer, full-time or part-time firefighter
10
11 when performing duties for a fire department
11
12 provided for in subparagraph j of paragraph 11 of
12
13 this section.
13
14 b. For the purposes of The Governmental Tort Claims Act,
14
15 the following are employees of this state, regardless
15
16 of the place in this state where duties as employees
16
17 are performed:
17
18 (1) physicians acting in an administrative capacity,
18
19 (2) resident physicians and resident interns
19
20 participating in a graduate medical education
20
21 program of the University of Oklahoma Health
21
22 Sciences Center, the College of Osteopathic
22
23 Medicine of Oklahoma State University, or the
23
24
24
Req. No. 407 Page 5
1 Department of Mental Health and Substance Abuse
1
2 Services,
2
3 (3) faculty members and staff of the University of
3
4 Oklahoma Health Sciences Center and the College
4
5 of Osteopathic Medicine of Oklahoma State
5
6 University, while engaged in teaching duties,
6
7 (4) physicians who practice medicine or act in an
7
8 administrative capacity as an employee of an
8
9 agency of the State of Oklahoma,
9
10 (5) physicians who provide medical care to inmates
10
11 pursuant to a contract with the Department of
11
12 Corrections,
12
13 (6) any person who is licensed to practice medicine
13
14 pursuant to Title 59 of the Oklahoma Statutes,
14
15 who is under an administrative professional
15
16 services contract with the Oklahoma Health Care
16
17 Authority under the auspices of the Oklahoma
17
18 Health Care Authority Chief Medical Officer, and
18
19 who is limited to performing administrative
19
20 duties such as professional guidance for medical
20
21 reviews, reimbursement rates, service
21
22 utilization, health care delivery and benefit
22
23 design for the Oklahoma Health Care Authority,
23
24
24
Req. No. 407 Page 6
1 only while acting within the scope of such
1
2 contract,
2
3 (7) licensed medical professionals under contract
3
4 with city, county, or state entities who provide
4
5 medical care to inmates or detainees in the
5
6 custody or control of law enforcement agencies,
6
7 (8) licensed mental health professionals as defined
7
8 in Sections 1-103 and 5-502 of Title 43A of the
8
9 Oklahoma Statutes, who are conducting initial
9
10 examinations of individuals for the purpose of
10
11 determining whether an individual meets the
11
12 criteria for emergency detention as part of a
12
13 contract with the Department of Mental Health and
13
14 Substance Abuse Services, and
14
15 (9) licensed mental health professionals as defined
15
16 in Sections 1-103 and 5-502 of Title 43A of the
16
17 Oklahoma Statutes, who are providing mental
17
18 health or substance abuse treatment services
18
19 under a professional services contract with the
19
20 Department of Mental Health and Substance Abuse
20
21 Services and are providing such treatment
21
22 services at a state-operated facility.
22
23 Physician faculty members and physician staff of the
23
24 University of Oklahoma Health Sciences Center and the
24
Req. No. 407 Page 7
1 College of Osteopathic Medicine of Oklahoma State
1
2 University not acting in an administrative capacity or
2
3 engaged in teaching duties are not employees or agents
3
4 of the state.
4
5 c. For the purposes of The Governmental Tort Claims Act,
5
6 employee shall include independent contractors and
6
7 employees of independent contractors while actively
7
8 engaged in the transport of individuals in need of
8
9 initial assessment, emergency detention, or protective
9
10 custody as authorized by Section 1-110 of Title 43A of
10
11 the Oklahoma Statutes.
11
12 d. Except as provided in subparagraph b of this
12
13 paragraph, in no event shall the state be held liable
13
14 for the tortious conduct of any physician, resident
14
15 physician or intern while practicing medicine or
15
16 providing medical treatment to patients.
16
17 e. For purposes of The Governmental Tort Claims Act,
17
18 members of the state military forces on state active
18
19 duty orders or on Title 32 active duty orders are
19
20 employees of this state, regardless of the place,
20
21 within or outside this state, where their duties as
21
22 employees are performed;
22
23 8. "Loss" means death or injury to the body or rights of a
23
24 person or damage to real or personal property or rights therein;
24
Req. No. 407 Page 8
1 9. "Medically indigent" means a person requiring medically
1
2 necessary hospital or other health care services for the person or
2
3 the dependents of the person who has no public or private third-
3
4 party coverage, and whose personal resources are insufficient to
4
5 provide for needed health care;
5
6 10. "Municipality" means any incorporated city or town, and all
6
7 institutions, agencies or instrumentalities of a municipality;
7
8 11. "Political subdivision" means:
8
9 a. a municipality,
9
10 b. a school district, including, but not limited to, a
10
11 technology center school district established pursuant
11
12 to Section 4410, 4411, 4420 or 4420.1 of Title 70 of
12
13 the Oklahoma Statutes,
13
14 c. a county,
14
15 d. a public trust where the sole beneficiary or
15
16 beneficiaries are a city, town, school district or
16
17 county. For purposes of The Governmental Tort Claims
17
18 Act, a public trust shall include:
18
19 (1) a municipal hospital created pursuant to Sections
19
20 30-101 through 30-109 of Title 11 of the Oklahoma
20
21 Statutes, a county hospital created pursuant to
21
22 Sections 781 through 796 of Title 19 of the
22
23 Oklahoma Statutes, or is created pursuant to a
23
24 joint agreement between such governing
24
Req. No. 407 Page 9
1 authorities, that is operated for the public
1
2 benefit by a public trust created pursuant to
2
3 Sections 176 through 180.4 of Title 60 of the
3
4 Oklahoma Statutes and managed by a governing
4
5 board appointed or elected by the municipality,
5
6 county, or both, who exercises control of the
6
7 hospital, subject to the approval of the
7
8 governing body of the municipality, county, or
8
9 both,
9
10 (2) a public trust created pursuant to Sections 176
10
11 through 180.4 of Title 60 of the Oklahoma
11
12 Statutes after January 1, 2009, the primary
12
13 purpose of which is to own, manage, or operate a
13
14 public acute care hospital in this state that
14
15 serves as a teaching hospital for a medical
15
16 residency program provided by a college of
16
17 osteopathic medicine and provides care to
17
18 indigent persons, and
18
19 (3) a corporation in which all of the capital stock
19
20 is owned, or a limited liability company in which
20
21 all of the member interest is owned, by a public
21
22 trust,
22
23
23
24
24
Req. No. 407 Page 10
1 e. for the purposes of The Governmental Tort Claims Act
1
2 only, a housing authority created pursuant to the
2
3 provisions of the Oklahoma Housing Authorities Act,
3
4 f. for the purposes of The Governmental Tort Claims Act
4
5 only, corporations organized not for profit pursuant
5
6 to the provisions of the Oklahoma General Corporation
6
7 Act for the primary purpose of developing and
7
8 providing rural water supply and sewage disposal
8
9 facilities to serve rural residents,
9
10 g. for the purposes of The Governmental Tort Claims Act
10
11 only, districts formed pursuant to the Rural Water,
11
12 Sewer, Gas and Solid Waste Management Districts Act,
12
13 h. for the purposes of The Governmental Tort Claims Act
13
14 only, master conservancy districts formed pursuant to
14
15 the Conservancy Act of Oklahoma,
15
16 i. for the purposes of The Governmental Tort Claims Act
16
17 only, a fire protection district created pursuant to
17
18 the provisions of Section 901.1 et seq. of Title 19 of
18
19 the Oklahoma Statutes,
19
20 j. for the purposes of The Governmental Tort Claims Act
20
21 only, a benevolent or charitable corporate volunteer
21
22 or full-time fire department for an unincorporated
22
23 area created pursuant to the provisions of Section 592
23
24 et seq. of Title 18 of the Oklahoma Statutes,
24
Req. No. 407 Page 11
1 k. for purposes of The Governmental Tort Claims Act only,
1
2 an Emergency Services Provider rendering services
2
3 within the boundaries of a Supplemental Emergency
3
4 Services District pursuant to an existing contract
4
5 between the Emergency Services Provider and the State
5
6 Department of Health. Provided, however, that the
6
7 acquisition of commercial liability insurance covering
7
8 the activities of such Emergency Services Provider
8
9 performed within this state shall not operate as a
9
10 waiver of any of the limitations, immunities or
10
11 defenses provided for political subdivisions pursuant
11
12 to the terms of The Governmental Tort Claims Act,
12
13 l. for purposes of The Governmental Tort Claims Act only,
13
14 a conservation district created pursuant to the
14
15 provisions of the Conservation District Act,
15
16 m. for purposes of The Governmental Tort Claims Act,
16
17 districts formed pursuant to the Oklahoma Irrigation
17
18 District Act,
18
19 n. for purposes of The Governmental Tort Claims Act only,
19
20 any community action agency established pursuant to
20
21 Sections 5035 through 5040 of Title 74 of the Oklahoma
21
22 Statutes,
22
23 o. for purposes of The Governmental Tort Claims Act only,
23
24 any organization that is designated as a youth
24
Req. No. 407 Page 12
1 services agency, pursuant to Section 2-7-306 of Title
1
2 10A of the Oklahoma Statutes,
2
3 p. for purposes of The Governmental Tort Claims Act only,
3
4 any judge presiding over a drug court, as defined by
4
5 Section 471.1 of Title 22 of the Oklahoma Statutes,
5
6 q. for purposes of The Governmental Tort Claims Act only,
6
7 any child-placing agency licensed by this state to
7
8 place children in foster family homes,
8
9 r. for purposes of The Governmental Tort Claims Act only,
9
10 a circuit engineering district created pursuant to
10
11 Section 687.1 of Title 69 of the Oklahoma Statutes,
11
12 s. for purposes of the Governmental Tort Claims Act only,
12
13 a substate planning district, regional council of
13
14 government or other entity created pursuant to Section
14
15 1001 et seq. of Title 74 of the Oklahoma Statutes, and
15
16 t. for purposes of The Governmental Tort Claims Act only,
16
17 a regional transportation authority created pursuant
17
18 to Section 1370.7 of Title 68 of the Oklahoma Statutes
18
19 including its contract operator and any railroad
19
20 operating in interstate commerce that sells a property
20
21 interest or provides services to a regional
21
22 transportation authority or allows the authority to
22
23 use the property or tracks of the railroad for the
23
24 provision of public passenger rail service to the
24
Req. No. 407 Page 13
1 extent claims against the contract operator or
1
2 railroad arise out of or are related to or in
2
3 connection with such property interest, services or
3
4 operation of the public passenger rail service.
4
5 Provided, the acquisition of commercial liability
5
6 insurance to cover the activities of the regional
6
7 transportation authority, contract operator or
7
8 railroad shall not operate as a waiver of any
8
9 liabilities, immunities or defenses provided pursuant
9
10 to the provisions of the Governmental Tort Claims Act,
10
11 and all their institutions, instrumentalities or agencies;
11
12 12. "Scope of employment" means performance by an employee
12
13 acting in good faith within the duties of the employee's office or
13
14 employment or of tasks lawfully assigned by a competent authority
14
15 including the operation or use of an agency vehicle or equipment
15
16 with actual or implied consent of the supervisor of the employee,
16
17 but shall not include corruption or fraud, gross negligence, or
17
18 willful misconduct;
18
19 13. "State" means the State of Oklahoma or any office,
19
20 department, agency, authority, commission, board, institution,
20
21 hospital, college, university, public trust created pursuant to
21
22 Title 60 of the Oklahoma Statutes of which the State of Oklahoma is
22
23 the beneficiary, or other instrumentality thereof;
23
24
24
Req. No. 407 Page 14
1 14. "State active duty" shall be defined in accordance with
1
2 Section 801 of Title 44 of the Oklahoma Statutes;
2
3 15. "State military forces" shall be defined in accordance with
3
4 Section 801 of Title 44 of the Oklahoma Statutes;
4
5 16. "Title 32 active duty" shall be defined in accordance with
5
6 Section 801 of Title 44 of the Oklahoma Statutes; and
6
7 17. "Tort" means a legal wrong, independent of contract,
7
8 involving violation of a duty imposed by general law, statute, the
8
9 Constitution of the State of Oklahoma, or otherwise, resulting in a
9
10 loss to any person, association or corporation as the proximate
10
11 result of an act or omission of a political subdivision or the state
11
12 or an employee acting within the scope of employment; provided,
12
13 however, a tort shall not include a claim for inverse condemnation.
13
14 SECTION 2. AMENDATORY 51 O.S. 2021, Section 154, is
14
15 amended to read as follows:
15
16 Section 154. A. The 1. Except for an award of costs and fees
16
17 pursuant to paragraph 2 of this subsection, the total liability of
17
18 the state and its political subdivisions on claims within the scope
18
19 of The Governmental Tort Claims Act, arising out of an accident or
19
20 occurrence happening after October 1, 1985, Section 151 et seq. of
20
21 this title, shall not exceed:
21
22 1.
22
23 a. Twenty-five Thousand Dollars ($25,000.00) for any
23
24 claim or to any claimant who has more than one claim
24
Req. No. 407 Page 15
1 for loss of property arising out of a single act,
1
2 accident, or occurrence;,
2
3 2.
3
4 b. Except as otherwise provided in this paragraph, One
4
5 Hundred Twenty-five Thousand Dollars ($125,000.00) to
5
6 any claimant for a claim for any other loss arising
6
7 out of a single act, accident, or occurrence. The
7
8 limit of liability for the state or any city or county
8
9 with a population of three hundred thousand (300,000)
9
10 or more according to the latest Federal Decennial
10
11 Census, or a political subdivision as defined in
11
12 subparagraph s of paragraph 11 of Section 152 of this
12
13 title, shall not exceed One Hundred Seventy-five
13
14 Thousand Dollars ($175,000.00). Except however, the
14
15 limits of the liability for the University Hospitals
15
16 and State Mental Health Hospitals operated by the
16
17 Department of Mental Health and Substance Abuse
17
18 Services for claims arising from medical negligence
18
19 shall be Two Hundred Thousand Dollars ($200,000.00).
19
20 For claims arising from medical negligence by any
20
21 licensed physician, osteopathic physician or certified
21
22 nurse-midwife rendering prenatal, delivery or infant
22
23 care services from September 1, 1991, through June 30,
23
24 1996, pursuant to a contract authorized by subsection
24
Req. No. 407 Page 16
1 B of Section 1-106 of Title 63 of the Oklahoma
1
2 Statutes and in conformity with the requirements of
2
3 Section 1-233 of Title 63 of the Oklahoma Statutes,
3
4 the limits of the liability shall be Two Hundred
4
5 Thousand Dollars ($200,000.00);, or
5
6 3.
6
7 c. One Million Dollars ($1,000,000.00) for any number of
7
8 claims arising out of a single occurrence or accident.
8
9 2. a. The court shall award court costs and reasonable
9
10 attorney and expert witness fees to a prevailing
10
11 plaintiff in any trial or appellate proceeding under
11
12 The Governmental Tort Claims Act.
12
13 b. The court may award reasonable attorney and expert
13
14 witness fees to a defendant who prevails in an action
14
15 under The Governmental Tort Claims Act if the court
15
16 determines that the plaintiff had no reasonable basis
16
17 for asserting a claim or appealing an adverse decision
17
18 of a trial court or administrative law judge. Fees
18
19 awarded under his subparagraph shall not exceed
19
20 Twenty-five Thousand Dollars ($25,000.00).
20
21 B. 1. Beginning on May 28, 2003, claims shall be allowed for
21
22 wrongful criminal felony conviction resulting in imprisonment if the
22
23 claimant has received a full pardon on the basis of a written
23
24 finding by the Governor of actual innocence for the crime for which
24
Req. No. 407 Page 17
1 the claimant was sentenced or has been granted judicial relief
1
2 absolving the claimant of guilt on the basis of actual innocence of
2
3 the crime for which the claimant was sentenced. The Governor or the
3
4 court shall specifically state, in the pardon or order, the evidence
4
5 or basis on which the finding of actual innocence is based.
5
6 2. As used in paragraph 1 of this subsection, for a claimant to
6
7 recover based on "actual innocence", the individual must meet the
7
8 following criteria:
8
9 a. the individual was charged, by indictment or
9
10 information, with the commission of a public offense
10
11 classified as a felony,
11
12 b. the individual did not plead guilty to the offense
12
13 charged, or to any lesser included offense, but was
13
14 convicted of the offense,
14
15 c. the individual was sentenced to incarceration for a
15
16 term of imprisonment as a result of the conviction,
16
17 d. the individual was imprisoned solely on the basis of
17
18 the conviction for the offense, and
18
19 e. (1) in the case of a pardon, a determination was made
19
20 by either the Pardon and Parole Board or the
20
21 Governor that the offense for which the
21
22 individual was convicted, sentenced and
22
23 imprisoned, including any lesser offenses, was
23
24 not committed by the individual, or
24
Req. No. 407 Page 18
1 (2) in the case of judicial relief, a court of
1
2 competent jurisdiction found by clear and
2
3 convincing evidence that the offense for which
3
4 the individual was convicted, sentenced and
4
5 imprisoned, including any lesser included
5
6 offenses, was not committed by the individual and
6
7 issued an order vacating, dismissing or reversing
7
8 the conviction and sentence and providing that no
8
9 further proceedings can be or will be held
9
10 against the individual on any facts and
10
11 circumstances alleged in the proceedings which
11
12 had resulted in the conviction.
12
13 3. A claimant shall not be entitled to compensation for any
13
14 part of a sentence in prison during which the claimant was also
14
15 serving a concurrent sentence for a crime not covered by this
15
16 subsection.
16
17 4. The total liability of the state and its political
17
18 subdivisions on any claim within the scope of The Governmental Tort
18
19 Claims Act arising out of wrongful criminal felony conviction
19
20 resulting in imprisonment shall not exceed One Hundred Seventy-five
20
21 Thousand Dollars ($175,000.00).
21
22 5. The provisions of this subsection shall apply to convictions
22
23 occurring on or before May 28, 2003, as well as convictions
23
24 occurring after May 28, 2003. If a court of competent jurisdiction
24
Req. No. 407 Page 19
1 finds that retroactive application of this subsection is
1
2 unconstitutional, the prospective application of this subsection
2
3 shall remain valid.
3
4 C. No award for damages in an action or any claim against the
4
5 state or a political subdivision shall include punitive or exemplary
5
6 damages.
6
7 D. When the amount awarded to or settled upon multiple
7
8 claimants exceeds the limitations of this section, any party may
8
9 apply to the district court which has jurisdiction of the cause to
9
10 apportion to each claimant the claimant's proper share of the total
10
11 amount as limited herein. The share apportioned to each claimant
11
12 shall be in the proportion that the ratio of the award or settlement
12
13 made to him bears to the aggregate awards and settlements for all
13
14 claims against the state or its political subdivisions arising out
14
15 of the occurrence. When the amount of the aggregate losses
15
16 presented by a single claimant exceeds the limits of paragraph 1 or
16
17 2 of subsection A of this section, each person suffering a loss
17
18 shall be entitled to that person's proportionate share.
18
19 E. The total liability of resident physicians and interns while
19
20 participating in a graduate medical education program of the
20
21 University of Oklahoma College of Medicine, its affiliated
21
22 institutions and the Oklahoma College of Osteopathic Medicine and
22
23 Surgery shall not exceed One Hundred Thousand Dollars ($100,000.00).
23
24
24
Req. No. 407 Page 20
1 F. The state or a political subdivision may petition the court
1
2 that all parties and actions arising out of a single accident or
2
3 occurrence shall be joined as provided by law, and upon order of the
3
4 court the proceedings upon good cause shown shall be continued for a
4
5 reasonable time or until such joinder has been completed. The state
5
6 or political subdivision shall be allowed to interplead in any
6
7 action which may impose on it any duty or liability pursuant to The
7
8 Governmental Tort Claims Act.
8
9 G. The liability of the state or political subdivision under
9
10 The Governmental Tort Claims Act shall be several from that of any
10
11 other person or entity, and the state or political subdivision shall
11
12 only be liable for that percentage of total damages that corresponds
12
13 to its percentage of total negligence. Nothing in this section
13
14 shall be construed as increasing the liability limits imposed on the
14
15 state or political subdivision under The Governmental Tort Claims
15
16 Act.
16
17 SECTION 3. AMENDATORY 51 O.S. 2021, Section 155, as
17
18 amended by Section 21, Chapter 228, O.S.L. 2022 (51 O.S. Supp. 2024,
18
19 Section 155), is amended to read as follows:
19
20 Section 155. The Unless the court finds by a preponderance of
20
21 the evidence that a loss or claim was the result of corruption,
21
22 fraud, gross negligence, or willful misconduct, the state or a
22
23 political subdivision shall not be liable if a loss or claim results
23
24 from:
24
Req. No. 407 Page 21
1 1. Legislative functions;
1
2 2. Judicial, quasi-judicial, or prosecutorial functions, other
2
3 than claims for wrongful criminal felony conviction resulting in
3
4 imprisonment provided for in Section 154 of this title;
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5 3. Execution or enforcement of the lawful orders of any court;
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6 4. Adoption or enforcement of or failure to adopt or enforce a
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7 law, whether valid or invalid, including, but not limited to, any
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8 statute, charter provision, ordinance, resolution, rule, regulation
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9 or written policy;
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10 5. Performance of or the failure to exercise or perform any act
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11 or service which is in the discretion of the state or political
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12 subdivision or its employees;
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13 6. Civil disobedience, riot, insurrection or rebellion or the
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14 failure to provide, or the method of providing, police, law
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15 enforcement or fire protection;
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16 7. Any claim based on the theory of attractive nuisance;
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17 8. Snow or ice conditions or temporary or natural conditions on
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18 any public way or other public place due to weather conditions,
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19 unless the condition is affirmatively caused by the negligent act of
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20 the state or a political subdivision;
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21 9. Entry upon any property where that entry is expressly or
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22 implied authorized by law;
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23 10. Natural conditions of property of the state or political
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24 subdivision;
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Req. No. 407 Page 22
1 11. Assessment or collection of taxes or special assessments,
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2 license or registration fees, or other fees or charges imposed by
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3 law;
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4 12. Licensing powers or functions including, but not limited
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5 to, the issuance, denial, suspension or revocation of or failure or
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6 refusal to issue, deny, suspend or revoke any permit, license,
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7 certificate, approval, order or similar authority;
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8 13. Inspection powers or functions, including failure to make
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9 an inspection, review or approval, or making an inadequate or
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10 negligent inspection, review or approval of any property, real or
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11 personal, to determine whether the property complies with or
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12 violates any law or contains a hazard to health or safety, or fails
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13 to conform to a recognized standard;
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14 14. Any loss to any person covered by any workers' compensation
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15 act or any employer's liability act;
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16 15. Absence, condition, location or malfunction of any traffic
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17 or road sign, signal or warning device unless the absence,
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18 condition, location or malfunction is not corrected by the state or
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19 political subdivision responsible within a reasonable time after
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20 actual or constructive notice or the removal or destruction of such
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21 signs, signals or warning devices by third parties, action of
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22 weather elements or as a result of traffic collision except on
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23 failure of the state or political subdivision to correct the same
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24 within a reasonable time after actual or constructive notice.
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Req. No. 407 Page 23
1 Nothing herein shall give rise to liability arising from the failure
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2 of the state or any political subdivision to initially place any of
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3 the above signs, signals or warning devices. The signs, signals and
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4 warning devices referred to herein are those used in connection with
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5 hazards normally connected with the use of roadways or public ways
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6 and do not apply to the duty to warn of special defects such as
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7 excavations or roadway obstructions;
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8 16. Any claim which is limited or barred by any other law;
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9 17. Misrepresentation, if unintentional;
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10 18. An act or omission of an independent contractor or
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11 consultant or his or her employees, agents, subcontractors or
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12 suppliers or of a person other than an employee of the state or
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13 political subdivision at the time the act or omission occurred;
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14 19. Theft by a third person of money in the custody of an
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15 employee unless the loss was sustained because of the negligence or
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16 wrongful act or omission of the employee;
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17 20. Participation in or practice for any interscholastic or
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18 other athletic contest sponsored or conducted by or on the property
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19 of the state or a political subdivision;
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20 21. Participation in any activity approved by a local board of
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21 education and held within a building or on the grounds of the school
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22 district served by that local board of education before or after
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23 normal school hours or on weekends;
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24
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Req. No. 407 Page 24
1 22. Use of indoor or outdoor school property and facilities
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2 made available for public recreation before or after normal school
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3 hours or on weekends or school vacations, except those claims
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4 resulting from willful and wanton acts of negligence. For purposes
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5 of this paragraph:
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6 a. "public" includes, but is not limited to, students
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7 during nonschool hours and school staff when not
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8 working as employees of the school, and
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9 b. "recreation" means any indoor or outdoor physical
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10 activity, either organized or unorganized, undertaken
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11 for exercise, relaxation, diversion, sport or
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12 pleasure, and that is not otherwise covered by
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13 paragraph 20 or 21 of this section;
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14 23. Any court-ordered, Department of Corrections or county
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15 approved work release program; provided, however, this provision
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16 shall not apply to claims from individuals not in the custody of the
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17 Department of Corrections based on accidents involving motor
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18 vehicles owned or operated by the Department of Corrections;
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19 24. The activities of the state military forces when on state
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20 active duty orders or on Title 32 active duty orders;
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21 25. Provision, equipping, operation or maintenance of any
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22 prison, jail or correctional facility, or injuries resulting from
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23 the parole or escape of a prisoner or injuries by a prisoner to any
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24 other prisoner; provided, however, this provision shall not apply to
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Req. No. 407 Page 25
1 claims from individuals not in the custody of the Department of
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2 Corrections based on accidents involving motor vehicles owned or
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3 operated by the Department of Corrections;
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4 26. Provision, equipping, operation or maintenance of any
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5 juvenile detention facility, or injuries resulting from the escape
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6 of a juvenile detainee, or injuries by a juvenile detainee to any
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7 other juvenile detainee;
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8 27. Any claim or action based on the theory of manufacturer's
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9 products liability or breach of warranty, either expressed or
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10 implied;
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11 28. Any claim or action based on the theory of indemnification
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12 or subrogation; provided, however, a political subdivision as
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13 defined in subparagraph s of paragraph 11 of Section 152 of this
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14 title may enter into a contract with a contract operator or any
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15 railroad operating in interstate commerce that sells a property
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16 interest or provides services to a regional transportation
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17 authority, or allows the regional transportation authority to use
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18 the railroad's property or tracks for the provision of public
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19 passenger rail service, providing for the allocation of financial
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20 responsibility, indemnification, or the procurement of insurance for
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21 the parties for all types of claims or damages, provided that funds
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22 have been appropriated to cover the resulting contractual obligation
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23 at the time the contract is executed. The acquisition of commercial
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24 liability insurance to cover the activities of the regional
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Req. No. 407 Page 26
1 transportation authority, contract operator or railroad shall not
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2 operate as a waiver of any of the liabilities, immunities or
2
3 defenses provided for political subdivisions pursuant to the
3
4 provisions of The Governmental Tort Claims Act. A contract entered
4
5 into under this paragraph shall not affect rights of employees under
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6 the Federal Employers Liability Act or the Federal Railway Labor
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7 Act;
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8 29. Any claim based upon an act or omission of an employee in
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9 the placement of children;
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10 30. Acts or omissions done in conformance with then current
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11 recognized standards;
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12 31. Maintenance of the state highway system or any portion
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13 thereof unless the claimant presents evidence which establishes
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14 either that the state failed to warn of the unsafe condition or that
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15 the loss would not have occurred but for a negligent affirmative act
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16 of the state;
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17 32. Any confirmation of the existence or nonexistence of any
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18 effective financing statement on file in the office of the Secretary
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19 of State made in good faith by an employee of the office of the
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20 Secretary of State as required by the provisions of Section 1-9-
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21 320.6 of Title 12A of the Oklahoma Statutes;
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22 33. Any court-ordered community sentence;
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23 34. Remedial action and any subsequent related maintenance of
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24 property pursuant to and in compliance with an authorized
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Req. No. 407 Page 27
1 environmental remediation program, order, or requirement of a
1
2 federal or state environmental agency;
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3 35. The use of necessary and reasonable force by a school
3
4 district employee to control and discipline a student during the
4
5 time the student is in attendance or in transit to and from the
5
6 school, or any other function authorized by the school district;
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7 36. Actions taken in good faith by a school district employee
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8 for the out-of-school suspension of a student pursuant to applicable
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9 Oklahoma Statutes; or
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10 37. Use of a public facility opened to the general public
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11 during an emergency.
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12 SECTION 4. This act shall become effective November 1, 2025.
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Req. No. 407 Page 28Every fact on this page links to its source, starting with the official bill record.