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1 STATE OF OKLAHOMA
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 1638 By: Woods
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 1, Chapter 314, O.S.L. 2025, and 154, as
8 amended by Section 2, Chapter 314, O.S.L. 2025 (51
9 O.S. Supp. 2025, Sections 152 and 154), which relate
9 to definitions and extent of liability; modifying
10 definition; authorizing award of certain costs and
10 fees; and providing an effective date.
11
11
12
12
13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13
14 SECTION 1. AMENDATORY 51 O.S. 2021, Section 152, as last
14
15 amended by Section 1, Chapter 314, O.S.L. 2025 (51 O.S. Supp. 2025,
15
16 Section 152), is amended to read as follows:
16
17 Section 152. As used in The Governmental Tort Claims Act:
17
18 1. "Action" means a proceeding in a court of competent
18
19 jurisdiction by which one party brings a suit against another;
19
20 2. "Agency" means any board, commission, committee, department
20
21 or other instrumentality or entity designated to act in behalf of
21
22 the state or a political subdivision;
22
23 3. "Charitable health care provider" means a person who is
23
24 licensed, certified, or otherwise authorized by the laws of this
24
Req. No. 2969 Page 1
1 state to administer health care in the ordinary course of business
1
2 or the practice of a profession and who provides care to a medically
2
3 indigent person, as defined in paragraph 9 of this section, with no
3
4 expectation of or acceptance of compensation of any kind;
4
5 4. "Claim" means any written demand presented by a claimant or
5
6 the claimant's authorized representative in accordance with The
6
7 Governmental Tort Claims Act to recover money from the state or
7
8 political subdivision as compensation for an act or omission of a
8
9 political subdivision or the state or an employee;
9
10 5. "Claimant" means the person or the person's authorized
10
11 representative who files notice of a claim in accordance with The
11
12 Governmental Tort Claims Act. Only the following persons and no
12
13 others may be claimants:
13
14 a. any person holding an interest in real or personal
14
15 property which suffers a loss, provided that the claim
15
16 of the person shall be aggregated with claims of all
16
17 other persons holding an interest in the property and
17
18 the claims of all other persons which are derivative
18
19 of the loss, and that multiple claimants shall be
19
20 considered a single claimant,
20
21 b. the individual actually involved in the accident or
21
22 occurrence who suffers a loss, provided that the
22
23 individual shall aggregate in the claim the losses of
23
24 all other persons which are derivative of the loss, or
24
Req. No. 2969 Page 2
1 c. in the case of death, an administrator, special
1
2 administrator or a personal representative who shall
2
3 aggregate in the claim all losses of all persons which
3
4 are derivative of the death;
4
5 6. "Community health care provider" means:
5
6 a. a health care provider who volunteers services at a
6
7 community health center that has been deemed by the
7
8 U.S. Department of Health and Human Services as a
8
9 federally qualified health center as defined by 42
9
10 U.S.C., Section 1396d(l)(2)(B),
10
11 b. a health provider who provides services to an
11
12 organization that has been deemed a federally
12
13 qualified look-alike community health center, and
13
14 c. a health care provider who provides services to a
14
15 community health center that has made application to
15
16 the U.S. Department of Health and Human Services for
16
17 approval and deeming as a federally qualified look-
17
18 alike community health center in compliance with
18
19 federal application guidance, and has received
19
20 comments from the U.S. Department of Health and Human
20
21 Services as to the status of such application with the
21
22 established intent of resubmitting a modified
22
23 application, or, if denied, a new application, no
23
24 later than six (6) months from the date of the
24
Req. No. 2969 Page 3
1 official notification from the U.S. Department of
1
2 Health and Human Services requiring resubmission of a
2
3 new application;
3
4 7. "Employee" means any person who is authorized to act in
4
5 behalf of a political subdivision or the state whether that person
5
6 is acting on a permanent or temporary basis, with or without being
6
7 compensated or on a full-time or part-time basis.
7
8 a. Employee also includes:
8
9 (1) all elected or appointed officers, members of
9
10 governing bodies and other persons designated to
10
11 act for an agency or political subdivision, but
11
12 the term does not mean a person or other legal
12
13 entity while acting in the capacity of an
13
14 independent contractor or an employee of an
14
15 independent contractor,
15
16 (2) from September 1, 1991, through June 30, 1996,
16
17 licensed physicians, licensed osteopathic
17
18 physicians and Certified Nurse-Midwives providing
18
19 prenatal, delivery or infant care services to
19
20 State Department of Health clients pursuant to a
20
21 contract entered into with the State Department
21
22 of Health in accordance with paragraph 3 of
22
23 subsection C of Section 1-106 of Title 63 of the
23
24 Oklahoma Statutes but only insofar as services
24
Req. No. 2969 Page 4
1 authorized by and in conformity with the terms of
1
2 the contract and the requirements of Section 1-
2
3 233 of Title 63 of the Oklahoma Statutes, and
3
4 (3) any volunteer, full-time or part-time firefighter
4
5 when performing duties for a fire department
5
6 provided for in subparagraph j of paragraph 12 of
6
7 this section.
7
8 b. For the purposes of The Governmental Tort Claims Act,
8
9 the following are employees of this state, regardless
9
10 of the place in this state where duties as employees
10
11 are performed:
11
12 (1) physicians acting in an administrative capacity,
12
13 (2) resident physicians and resident interns
13
14 participating in a graduate medical education
14
15 program of the University of Oklahoma Health
15
16 Sciences Center, the Oklahoma State University
16
17 College of Osteopathic Medicine, a public trust
17
18 created pursuant to Section 3224 of Title 63 of
18
19 the Oklahoma Statutes and any sole member not-
19
20 for-profit corporation of the public trust and
20
21 any sole member not-for-profit subsidiary of such
21
22 corporation, or the Department of Mental Health
22
23 and Substance Abuse Services,
23
24
24
Req. No. 2969 Page 5
1 (3) faculty members and staff of the University of
1
2 Oklahoma Health Sciences Center, the Oklahoma
2
3 State University College of Osteopathic Medicine,
3
4 or a public trust created pursuant to Section
4
5 3224 of Title 63 of the Oklahoma Statutes and any
5
6 sole member not-for-profit corporation of the
6
7 public trust and any sole member not-for-profit
7
8 subsidiary of such corporation, while engaged in
8
9 teaching duties,
9
10 (4) physicians who practice medicine or act in an
10
11 administrative capacity as an employee of an
11
12 agency of this state,
12
13 (5) physicians who provide medical care to inmates
13
14 pursuant to a contract with the Department of
14
15 Corrections,
15
16 (6) any person who is licensed to practice medicine
16
17 pursuant to Title 59 of the Oklahoma Statutes,
17
18 who is under an administrative professional
18
19 services contract with the Oklahoma Health Care
19
20 Authority under the auspices of the Oklahoma
20
21 Health Care Authority Chief Medical Officer, and
21
22 who is limited to performing administrative
22
23 duties such as professional guidance for medical
23
24 reviews, reimbursement rates, service
24
Req. No. 2969 Page 6
1 utilization, health care delivery and benefit
1
2 design for the Oklahoma Health Care Authority,
2
3 only while acting within the scope of such
3
4 contract,
4
5 (7) licensed medical professionals under contract
5
6 with city, county, or state entities who provide
6
7 medical care to inmates or detainees in the
7
8 custody or control of law enforcement agencies,
8
9 (8) licensed mental health professionals as defined
9
10 in Sections 1-103 and 5-502 of Title 43A of the
10
11 Oklahoma Statutes, who are conducting initial
11
12 examinations of individuals for the purpose of
12
13 determining whether an individual meets the
13
14 criteria for emergency detention as part of a
14
15 contract with the Department of Mental Health and
15
16 Substance Abuse Services, and
16
17 (9) licensed mental health professionals as defined
17
18 in Sections 1-103 and 5-502 of Title 43A of the
18
19 Oklahoma Statutes, who are providing mental
19
20 health or substance abuse treatment services
20
21 under a professional services contract with the
21
22 Department of Mental Health and Substance Abuse
22
23 Services and are providing such treatment
23
24 services at a state-operated facility.
24
Req. No. 2969 Page 7
1 Physician faculty members and physician staff of the
1
2 University of Oklahoma Health Sciences Center, the
2
3 Oklahoma State University College of Osteopathic
3
4 Medicine, or a public trust created pursuant to
4
5 Section 3224 of Title 63 of the Oklahoma Statutes and
5
6 any sole member not-for-profit corporation of the
6
7 public trust and any sole member not-for-profit
7
8 subsidiary of such corporation not acting in an
8
9 administrative capacity or engaged in teaching duties
9
10 are not employees or agents of the state.
10
11 c. For the purposes of The Governmental Tort Claims Act,
11
12 employee shall include independent contractors and
12
13 employees of independent contractors while actively
13
14 engaged in the transport of individuals in need of
14
15 initial assessment, emergency detention, or protective
15
16 custody as authorized by Section 1-110 of Title 43A of
16
17 the Oklahoma Statutes.
17
18 d. Except as provided in subparagraph b of this
18
19 paragraph, in no event shall the state be held liable
19
20 for the tortious conduct of any physician, resident
20
21 physician or intern while practicing medicine or
21
22 providing medical treatment to patients.
22
23 e. For purposes of The Governmental Tort Claims Act,
23
24 members of the state military forces on state active
24
Req. No. 2969 Page 8
1 duty orders or on Title 32 active duty orders are
1
2 employees of this state, regardless of the place,
2
3 within or outside this state, where their duties as
3
4 employees are performed;
4
5 8. "Loss" means death or injury to the body or rights of a
5
6 person or damage to real or personal property or rights therein;
6
7 9. "Medically indigent" means a person requiring medically
7
8 necessary hospital or other health care services for the person or
8
9 the dependents of the person who has no public or private third-
9
10 party coverage, and whose personal resources are insufficient to
10
11 provide for needed health care;
11
12 10. "Municipality" means any incorporated city or town, and all
12
13 institutions, agencies or instrumentalities of a municipality;
13
14 11. "Occurrence" means a loss arising out of an accident or
14
15 event or a continuous or repeated exposure to substantially the same
15
16 general harmful conditions. All losses arising out of an accident
16
17 or event or a continuous or repeated exposure to substantially the
17
18 same general harmful conditions shall be deemed to have arisen out
18
19 of one occurrence. For purposes of determining accrual under The
19
20 Governmental Tort Claims Act, a claim based on a continuous,
20
21 repeated, or ongoing accident, event, or exposure shall not be
21
22 deemed to have accrued until such accident, event, or exposure has
22
23 ceased or been abated;
23
24 12. "Political subdivision" means:
24
Req. No. 2969 Page 9
1 a. a municipality,
1
2 b. a school district, including, but not limited to, a
2
3 technology center school district established pursuant
3
4 to Section 4410, 4411, 4420 or 4420.1 of Title 70 of
4
5 the Oklahoma Statutes, or a public library as defined
5
6 pursuant to Section 1-104 of Title 65 of the Oklahoma
6
7 Statutes,
7
8 c. a county,
8
9 d. a public trust where the sole beneficiary or
9
10 beneficiaries are a city, town, school district or
10
11 county. For purposes of The Governmental Tort Claims
11
12 Act, a public trust shall include:
12
13 (1) a municipal hospital created pursuant to Sections
13
14 30-101 through 30-109 of Title 11 of the Oklahoma
14
15 Statutes, a county hospital created pursuant to
15
16 Sections 781 through 796 of Title 19 of the
16
17 Oklahoma Statutes, or is created pursuant to a
17
18 joint agreement between such governing
18
19 authorities, that is operated for the public
19
20 benefit by a public trust created pursuant to
20
21 Sections 176 through 180.4 of Title 60 of the
21
22 Oklahoma Statutes and managed by a governing
22
23 board appointed or elected by the municipality,
23
24 county, or both, who exercises control of the
24
Req. No. 2969 Page 10
1 hospital, subject to the approval of the
1
2 governing body of the municipality, county, or
2
3 both,
3
4 (2) a public trust created pursuant to Sections 176
4
5 through 180.4 of Title 60 of the Oklahoma
5
6 Statutes after January 1, 2009, the primary
6
7 purpose of which is to own, manage, or operate a
7
8 public acute care hospital in this state that
8
9 serves as a teaching hospital for a medical
9
10 residency program provided by a college of
10
11 osteopathic medicine and provides care to
11
12 indigent persons, and
12
13 (3) a corporation in which all of the capital stock
13
14 is owned, or a limited liability company in which
14
15 all of the member interest is owned, by a public
15
16 trust,
16
17 e. for the purposes of The Governmental Tort Claims Act
17
18 only, a housing authority created pursuant to the
18
19 provisions of the Oklahoma Housing Authorities Act,
19
20 f. for the purposes of The Governmental Tort Claims Act
20
21 only, corporations organized not for profit pursuant
21
22 to the provisions of the Oklahoma General Corporation
22
23 Act for the primary purpose of developing and
23
24
24
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1 providing rural water supply and sewage disposal
1
2 facilities to serve rural residents,
2
3 g. for the purposes of The Governmental Tort Claims Act
3
4 only, districts formed pursuant to the Rural Water,
4
5 Sewer, Gas and Solid Waste Management Districts Act,
5
6 h. for the purposes of The Governmental Tort Claims Act
6
7 only, master conservancy districts formed pursuant to
7
8 the Conservancy Act of Oklahoma,
8
9 i. for the purposes of The Governmental Tort Claims Act
9
10 only, a fire protection district created pursuant to
10
11 the provisions of Section 901.1 et seq. of Title 19 of
11
12 the Oklahoma Statutes,
12
13 j. for the purposes of The Governmental Tort Claims Act
13
14 only, a benevolent or charitable corporate volunteer
14
15 or full-time fire department for an unincorporated
15
16 area created pursuant to the provisions of Section 592
16
17 et seq. of Title 18 of the Oklahoma Statutes,
17
18 k. for purposes of The Governmental Tort Claims Act only,
18
19 an emergency services provider rendering services
19
20 pursuant to an existing contract between the emergency
20
21 services provider and the State Department of Health.
21
22 Provided, however, that the acquisition of commercial
22
23 liability insurance covering the activities of such
23
24 emergency services provider performed within this
24
Req. No. 2969 Page 12
1 state shall not operate as a waiver of any of the
1
2 limitations, immunities or defenses provided for
2
3 political subdivisions pursuant to the terms of The
3
4 Governmental Tort Claims Act,
4
5 l. for purposes of The Governmental Tort Claims Act only,
5
6 a conservation district created pursuant to the
6
7 provisions of the Conservation District Act,
7
8 m. for purposes of The Governmental Tort Claims Act,
8
9 districts formed pursuant to the Oklahoma Irrigation
9
10 District Act,
10
11 n. for purposes of The Governmental Tort Claims Act only,
11
12 any community action agency established pursuant to
12
13 Sections 5035 through 5040.1 of Title 74 of the
13
14 Oklahoma Statutes,
14
15 o. for purposes of The Governmental Tort Claims Act only,
15
16 any organization that is designated as a youth
16
17 services agency, pursuant to Section 2-7-306 of Title
17
18 10A of the Oklahoma Statutes,
18
19 p. for purposes of The Governmental Tort Claims Act only,
19
20 any judge presiding over a drug court, as defined by
20
21 Section 471.1 of Title 22 of the Oklahoma Statutes,
21
22 q. for purposes of The Governmental Tort Claims Act only,
22
23 any child-placing agency licensed by this state to
23
24 place children in foster family homes,
24
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1 r. for purposes of The Governmental Tort Claims Act only,
1
2 a circuit engineering district created pursuant to
2
3 Section 687.1 of Title 69 of the Oklahoma Statutes,
3
4 s. for purposes of The Governmental Tort Claims Act only,
4
5 a substate planning district, regional council of
5
6 government or other entity created pursuant to Section
6
7 1001 et seq. of Title 74 of the Oklahoma Statutes, and
7
8 t. for purposes of The Governmental Tort Claims Act only,
8
9 a regional transportation authority created pursuant
9
10 to Section 1370.7 of Title 68 of the Oklahoma Statutes
10
11 including its contract operator and any railroad
11
12 operating in interstate commerce that sells a property
12
13 interest or provides services to a regional
13
14 transportation authority or allows the authority to
14
15 use the property or tracks of the railroad for the
15
16 provision of public passenger rail service to the
16
17 extent claims against the contract operator or
17
18 railroad arise out of or are related to or in
18
19 connection with such property interest, services or
19
20 operation of the public passenger rail service.
20
21 Provided, the acquisition of commercial liability
21
22 insurance to cover the activities of the regional
22
23 transportation authority, contract operator or
23
24 railroad shall not operate as a waiver of any
24
Req. No. 2969 Page 14
1 liabilities, immunities or defenses provided pursuant
1
2 to the provisions of The Governmental Tort Claims Act,
2
3 and all their institutions, instrumentalities or agencies;
3
4 13. "Scope of employment" means performance by an employee
4
5 acting in good faith within the duties of the employee's office or
5
6 employment or of tasks lawfully assigned by a competent authority
6
7 including the operation or use of an agency vehicle or equipment
7
8 with actual or implied consent of the supervisor of the employee,
8
9 but shall not include corruption or fraud;
9
10 14. "State" means the State of Oklahoma or any office,
10
11 department, agency, authority, commission, board, institution,
11
12 hospital, college, university, public trust created pursuant to
12
13 Title 60 of the Oklahoma Statutes of which the State of Oklahoma is
13
14 the beneficiary, or other instrumentality thereof;
14
15 15. "State active duty" shall be defined in accordance with
15
16 Section 801 of Title 44 of the Oklahoma Statutes;
16
17 16. "State military forces" shall be defined in accordance with
17
18 Section 801 of Title 44 of the Oklahoma Statutes;
18
19 17. "Title 32 active duty" shall be defined in accordance with
19
20 Section 801 of Title 44 of the Oklahoma Statutes; and
20
21 18. "Tort" means a legal wrong, independent of contract,
21
22 involving violation of a duty imposed by general law, statute, the
22
23 Oklahoma Constitution, or otherwise, resulting in a loss to any
23
24 person, association or corporation as the proximate result of an act
24
Req. No. 2969 Page 15
1 or omission of a political subdivision or the state or an employee
1
2 acting within the scope of employment; provided, however, a tort
2
3 shall not include a claim for inverse condemnation.
3
4 SECTION 2. AMENDATORY 51 O.S. 2021, Section 154, as
4
5 amended by Section 2, Chapter 314, O.S.L. 2025 (51 O.S. Supp. 2025,
5
6 Section 154), is amended to read as follows:
6
7 Section 154. A. The total liability of the state and its
7
8 political subdivisions on claims within the scope of The
8
9 Governmental Tort Claims Act, arising out of an accident or
9
10 occurrence happening after October 1, 1985, Section 151 et seq. of
10
11 this title, shall not exceed:
11
12 1. Seventy-five Thousand Dollars ($75,000.00) for any claim or
12
13 to any claimant who has more than one claim for loss of property
13
14 arising out of a single act, accident, or occurrence;
14
15 2. a. Two Hundred Twenty-five Thousand Dollars ($225,000.00)
15
16 to any claimant for any number of claims for
16
17 inconvenience, annoyance, or discomfort in nuisance
17
18 claims arising out of a single act, accident, or
18
19 occurrence in a county with a population of less than
19
20 one hundred fifty thousand (150,000) according to the
20
21 latest Federal Decennial Census, or
21
22 b. Two Hundred Seventy-five Thousand Dollars
22
23 ($275,000.00) to any claimant for any number of claims
23
24 for inconvenience, annoyance, or discomfort in
24
Req. No. 2969 Page 16
1 nuisance claims arising out of a single act, accident,
1
2 or occurrence in a county with a population of one
2
3 hundred fifty thousand (150,000) or more according to
3
4 the latest Federal Decennial Census;
4
5 3. a. In no event shall the total liability of the state and
5
6 its political subdivisions for a claim for nuisance
6
7 exceed Two Hundred Seventy-five Thousand Dollars
7
8 ($275,000.00) per occurrence.
8
9 b. In no event shall the total liability of the state and
9
10 its political subdivisions for a claim arising from
10
11 municipal sewer overflow exceed Two Hundred Seventy-
11
12 five Thousand Dollars ($275,000.00) per occurrence;
12
13 4. Except as otherwise provided in this paragraph, Two Hundred
13
14 Fifty Thousand Dollars ($250,000.00) to any claimant for a claim for
14
15 any other loss arising out of a single act, accident, or occurrence.
15
16 The limit of liability for the state or any city or county with a
16
17 population of one hundred fifty thousand (150,000) or more according
17
18 to the latest Federal Decennial Census, or a political subdivision
18
19 as defined in subparagraph s of paragraph 12 of Section 152 of this
19
20 title, shall not exceed Three Hundred Seventy-five Thousand Dollars
20
21 ($375,000.00). Except, however, the limits of liability for the
21
22 University Hospitals and state mental health hospitals operated by
22
23 the Department of Mental Health and Substance Abuse Services for
23
24 claims arising from medical negligence shall be Three Hundred
24
Req. No. 2969 Page 17
1 Thousand Dollars ($300,000.00). For claims arising from medical
1
2 negligence by any licensed physician, osteopathic physician or
2
3 Certified Nurse-Midwife rendering prenatal, delivery or infant care
3
4 services from September 1, 1991, through June 30, 1996, pursuant to
4
5 a contract authorized by subsection C of Section 1-106 of Title 63
5
6 of the Oklahoma Statutes and in conformity with the requirements of
6
7 Section 1-233 of Title 63 of the Oklahoma Statutes, the limits of
7
8 liability shall be Two Hundred Thousand Dollars ($200,000.00);
8
9 5. One Million Dollars ($1,000,000.00) for any number of claims
9
10 for indemnification pursuant to Section 162 of this title arising
10
11 out of a single occurrence or accident; or
11
12 6. Two Million Dollars ($2,000,000.00) in the aggregate for any
12
13 number of claims arising out of a single occurrence or accident.
13
14 B. 1. Beginning on May 28, 2003, claims shall be allowed for
14
15 wrongful criminal felony conviction resulting in imprisonment if the
15
16 claimant has received a full pardon on the basis of a written
16
17 finding by the Governor of actual innocence for the crime for which
17
18 the claimant was sentenced or has been granted judicial relief
18
19 absolving the claimant of guilt on the basis of actual innocence of
19
20 the crime for which the claimant was sentenced. The Governor or the
20
21 court shall specifically state, in the pardon or order, the evidence
21
22 or basis on which the finding of actual innocence is based.
22
23
23
24
24
Req. No. 2969 Page 18
1 2. As used in paragraph 1 of this subsection, for a claimant to
1
2 recover based on "actual innocence", the individual must meet the
2
3 following criteria:
3
4 a. the individual was charged, by indictment or
4
5 information, with the commission of a public offense
5
6 classified as a felony,
6
7 b. the individual did not plead guilty to the offense
7
8 charged, or to any lesser included offense, but was
8
9 convicted of the offense,
9
10 c. the individual was sentenced to incarceration for a
10
11 term of imprisonment as a result of the conviction,
11
12 d. the individual was imprisoned solely on the basis of
12
13 the conviction for the offense, and
13
14 e. (1) in the case of a pardon, a determination was made
14
15 by either the Pardon and Parole Board or the
15
16 Governor that the offense for which the
16
17 individual was convicted, sentenced and
17
18 imprisoned, including any lesser offenses, was
18
19 not committed by the individual, or
19
20 (2) in the case of judicial relief, a court of
20
21 competent jurisdiction found by clear and
21
22 convincing evidence that the offense for which
22
23 the individual was convicted, sentenced and
23
24 imprisoned, including any lesser included
24
Req. No. 2969 Page 19
1 offenses, was not committed by the individual and
1
2 issued an order vacating, dismissing or reversing
2
3 the conviction and sentence and providing that no
3
4 further proceedings can be or will be held
4
5 against the individual on any facts and
5
6 circumstances alleged in the proceedings which
6
7 had resulted in the conviction.
7
8 3. A claimant shall not be entitled to compensation for any
8
9 part of a sentence in prison during which the claimant was also
9
10 serving a concurrent sentence for a crime not covered by this
10
11 subsection.
11
12 4. The total liability of the state and its political
12
13 subdivisions on any claim within the scope of The Governmental Tort
13
14 Claims Act arising out of wrongful criminal felony conviction
14
15 resulting in imprisonment shall not exceed One Hundred Seventy-five
15
16 Thousand Dollars ($175,000.00).
16
17 5. The provisions of this subsection shall apply to convictions
17
18 occurring on or before May 28, 2003, as well as convictions
18
19 occurring after May 28, 2003. If a court of competent jurisdiction
19
20 finds that retroactive application of this subsection is
20
21 unconstitutional, the prospective application of this subsection
21
22 shall remain valid.
22
23
23
24
24
Req. No. 2969 Page 20
1 C. 1. No award for damages in an action or any claim against
1
2 the state or a political subdivision shall include punitive or
2
3 exemplary damages.
3
4 2. In an action or claim against the state or a political
4
5 subdivision for damage to property, the court may award a prevailing
5
6 plaintiff court costs and expenses including, but not limited to,
6
7 reasonable attorney, appraisal, and engineering fees actually
7
8 incurred.
8
9 D. When the amount awarded to or settled upon multiple
9
10 claimants exceeds the limitations of this section, any party may
10
11 apply to the district court which has jurisdiction of the cause to
11
12 apportion to each claimant the claimant's proper share of the total
12
13 amount as limited herein. The share apportioned to each claimant
13
14 shall be in the proportion that the ratio of the award or settlement
14
15 made to each claimant bears to the aggregate awards and settlements
15
16 for all claims against the state or its political subdivisions
16
17 arising out of the occurrence. When the amount of the aggregate
17
18 losses presented by a single claimant exceeds the limits of
18
19 paragraph 1, 2, 3, or 4 of subsection A of this section, each person
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20 suffering a loss shall be entitled to that person's proportionate
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21 share.
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22 E. The total liability of resident physicians and interns while
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23 participating in a graduate medical education program of the
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24 University of Oklahoma College of Medicine, its affiliated
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Req. No. 2969 Page 21
1 institutions and the Oklahoma State University College of
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2 Osteopathic Medicine shall not exceed One Hundred Fifty Thousand
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3 Dollars ($150,000.00).
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4 F. The total liability of a public trust hospital and physician
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5 for the acts of a physician who provides medical services on the
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6 premises of a public trust hospital, as provided by Section 152 of
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7 this title, that is located in a county with a population of fewer
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8 than seventy-five thousand (75,000) according to the latest Federal
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9 Decennial Census, but who is not employed by such hospital, shall
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10 not exceed One Million Dollars ($1,000,000.00). If the physician is
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11 employed by another group or entity not under the sole or majority
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12 control of the physician, the total limit of liability of the
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13 physician and hospital shall be the higher coverage afforded by the
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14 liability policy, self-insurance, or assets of that group or entity.
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15 G. For claims within the scope of The Governmental Tort Claims
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16 Act, the liability limits in this section for claims on or after the
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17 effective date of this act shall be adjusted beginning January 1,
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18 2031, and every five (5) years thereafter for inflation to reflect
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19 the lesser of the percentage change in the Consumer Price Index
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20 published by the Bureau of Labor Statistics of the United States
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21 Department of Labor for such period or four percent (4%) in any
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22 five-year period.
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23 H. The state or a political subdivision may petition the court
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24 that all parties and actions arising out of a single accident or
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Req. No. 2969 Page 22
1 occurrence shall be joined as provided by law, and upon order of the
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2 court the proceedings upon good cause shown shall be continued for a
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3 reasonable time or until such joinder has been completed. The state
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4 or political subdivision shall be allowed to interplead in any
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5 action which may impose on it any duty or liability pursuant to The
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6 Governmental Tort Claims Act.
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7 I. The liability of the state or political subdivision under
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8 The Governmental Tort Claims Act shall be several from that of any
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9 other person or entity, and the state or political subdivision shall
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10 only be liable for that percentage of total damages that corresponds
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11 to its percentage of total negligence. Nothing in this section
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12 shall be construed as increasing the liability limits imposed on the
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13 state or political subdivision under The Governmental Tort Claims
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14 Act.
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15 SECTION 3. This act shall become effective November 1, 2026.
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Req. No. 2969 Page 23Every fact on this page links to its source, starting with the official bill record.