Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 650 By: Paxton
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to public utilities; defining term;
7 requiring the governing body of a public utility to
8 adopt a plan for components of maintenance and
8 operation of public utilities; providing for contents
9 of plan; specifying process for notice; allowing for
9 public utilities to be in compliance upon approval of
10 plan; authorizing certain state agencies to verify
10 certain provisions of plan; preventing certain
11 recovery of damages under certain circumstances;
11 amending 51 O.S. 2021, Sections 152, as last amended
12 by Section 111, Chapter 452, O.S.L. 2024, 154, and
12 155, as amended by Section 21, Chapter 228, O.S.L.
13 2022 (51 O.S. Supp. 2024, Sections 152 and 155),
13 which relate to The Governmental Tort Claims Act;
14 adding definition; increasing award amounts for
14 certain claims; specifying certain accidents and
15 occurrences; providing for the process and amounts
15 awarded under certain circumstances; expanding
16 exemptions for liability by the state or political
16 subdivisions; updating statutory references and
17 language; making language gender neutral; providing
17 for codification; and providing an effective date.
18
18
19
19
20 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
20
21 SECTION 1. NEW LAW A new section of law to be codified
21
22 in the Oklahoma Statutes as Section 37-235 of Title 11, unless there
22
23 is created a duplication in numbering, reads as follows:
23
24
24
Req. No. 1398 Page 1
1 A. As used in this section, "public utility" means a
1
2 municipally owned utility or other publicly owned utility providing
2
3 sewage services through a sanitary sewer system.
3
4 B. The governing body of the public utility shall adopt a plan
4
5 that includes, but is not limited to, the following:
5
6 1. Mapping and recordkeeping of a sanitary sewer system for
6
7 maintenance and operation of the system;
7
8 2. A policy of inspections, cleaning, and root control of sewer
8
9 lines that contains the following elements:
9
10 a. an inspection program of sewer lines to determine
10
11 whether sewage flows are clear, moderately occluded,
11
12 or severely occluded,
12
13 b. a program of routine maintenance of sewer lines, and
13
14 c. a treatment program for sewer lines identified as
14
15 having blockages due to root infiltration of which the
15
16 public utility has notice with root control through
16
17 either mechanical or chemical treatments;
17
18 3. A policy of responding to calls for sanitary sewer overflows
18
19 (SSO) to clear municipal sewer mains, flush with water and deodorize
19
20 the land upon which SSO has occurred, and remove SSO debris from
20
21 land upon which SSO has occurred;
21
22 4. Adoption of a "Fats, Oils, and Grease (FOG) Ordinance" that
22
23 makes unlawful the improper introduction of fats, oils, or grease
23
24 from nonresidential entities that are connected to the sanitary
24
Req. No. 1398 Page 2
1 sewer system and incorporating pre-treatment regulations adopted by
1
2 the Department of Environmental Quality for such entities. Public
2
3 utilities shall periodically notify sanitary sewer system
3
4 participants and dischargers of the restrictions within this
4
5 paragraph;
5
6 5. Adoption of an ordinance requiring new construction or
6
7 remodels of existing buildings to be connected to the sanitary sewer
7
8 system, including the installation of a backflow prevention device
8
9 on the private service line connecting the structure to the sanitary
9
10 sewer main line;
10
11 6. Adoption of a policy that will notify private residential
11
12 property owners who are connected to the sanitary sewer system of
12
13 the option to provide additional personal protection through
13
14 installation of a backflow prevention system on the private service
14
15 line connecting the property to the sanitary sewer main line. At
15
16 the discretion of the governing body of the public utility, after
16
17 considering available funding, private residential property owners
17
18 connected to the sewer system may be offered public assistance with
18
19 installation and inspection of backflow prevention devices;
19
20 7. Adoption of a funding availability model that identifies:
20
21 a. the total revenue from ratepayers that can reasonably
21
22 be expected over a fiscal year,
22
23 b. other funding sources from municipal revenues that can
23
24 reasonably be expected to be contributed to the
24
Req. No. 1398 Page 3
1 sanitary sewer system operations, maintenance, or
1
2 capital improvements,
2
3 c. external sources of funding from local, state,
3
4 federal, or tribal entities that could be available
4
5 for sanitary sewer system operations, maintenance, or
5
6 capital improvements, and
6
7 d. bonding capacities, whether revenue bonds or general
7
8 obligation bonds, that could be available for sanitary
8
9 sewer system operations, maintenance, or capital
9
10 improvements;
10
11 Funding availability models shall be reviewed at least every five
11
12 (5) years to include a rate study recommending reasonable rates for
12
13 those connected to the sanitary sewer system; and
13
14 8. Adoption of a five-year capital improvement plan that
14
15 considers dedication of funding available to:
15
16 a. repair or replace sanitary sewer lines that have been
16
17 identified as severely occluded,
17
18 b. repair or replace municipal sanitary sewer lift
18
19 stations necessary for the continued operation of the
19
20 system, and
20
21 c. access or purchase equipment for operation of the
21
22 municipal sanitary sewer system serving the citizens
22
23 of the municipality that are connected to the
23
24 municipal sanitary sewer system.
24
Req. No. 1398 Page 4
1 C. Notification as described in paragraphs 4 and 6 of
1
2 subsection B of this section shall be satisfied by annual
2
3 publication in a newspaper of general circulation within the service
3
4 area of the public utility, publication on the public utility
4
5 sponsored website, or annual inserts in ratepayer monthly utility
5
6 bills. Nothing in this subsection shall be construed to prohibit a
6
7 public utility from making multiple notifications to ratepayers in
7
8 the one-year period.
8
9 D. Public utilities that are in the process of implementing
9
10 policies prescribed in subsection B of this section for completion
10
11 and implementation within five (5) years of the effective date of
11
12 this act shall be considered in compliance with the provisions of
12
13 this section.
13
14 E. The Oklahoma Water Resources Board and other state agencies
14
15 that provide funding to public utilities for water and wastewater
15
16 improvements shall ensure the ranking structure for approval of
16
17 applications for funding accounts for the sustainability efforts of
17
18 systems that adopted the plans identified in this statute.
18
19 F. There shall be no right of recovery for personal injury from
19
20 a sanitary sewer overflow, provided that the utility charged with
20
21 operation of the sanitary sewer system is working to maintain its
21
22 sanitary sewer system in accordance with the guidance and criteria
22
23 promulgated by the governing body pursuant to subsection B of this
23
24 section and any criteria or guidelines promulgated by a governmental
24
Req. No. 1398 Page 5
1 entity under an interlocal cooperative pursuant to Section 1001 et
1
2 seq. of Title 74 of the Oklahoma Statutes, as such components are
2
3 determined by the governing body to be fiscally achievable
3
4 considering available revenue streams to the public utility to fund
4
5 the same. While those municipalities qualifying for relief under
5
6 this section shall be exempt from personal injury damage claims of
6
7 annoyance and inconvenience associated with a sanitary sewer
7
8 overflow that alleges a nuisance-based cause of action, nothing
8
9 herein shall otherwise prohibit a right of recovery for property
9
10 damages associated with a sanitary sewer overflow in accordance with
10
11 The Governmental Tort Claims Act.
11
12 SECTION 2. AMENDATORY 51 O.S. 2021, Section 152, as last
12
13 amended by Section 111, Chapter 452, O.S.L. 2024 (51 O.S. Supp.
13
14 2024, Section 152), is amended to read as follows:
14
15 Section 152. As used in The Governmental Tort Claims Act:
15
16 1. "Action" means a proceeding in a court of competent
16
17 jurisdiction by which one party brings a suit against another;
17
18 2. "Agency" means any board, commission, committee, department
18
19 or other instrumentality or entity designated to act in behalf of
19
20 the state or a political subdivision;
20
21 3. "Charitable health care provider" means a person who is
21
22 licensed, certified, or otherwise authorized by the laws of this
22
23 state to administer health care in the ordinary course of business
23
24 or the practice of a profession and who provides care to a medically
24
Req. No. 1398 Page 6
1 indigent person, as defined in paragraph 9 of this section, with no
1
2 expectation of or acceptance of compensation of any kind;
2
3 4. "Claim" means any written demand presented by a claimant or
3
4 the claimant's authorized representative in accordance with the The
4
5 Governmental Tort Claims Act to recover money from the state or
5
6 political subdivision as compensation for an act or omission of a
6
7 political subdivision or the state or an employee;
7
8 5. "Claimant" means the person or the person's authorized
8
9 representative who files notice of a claim in accordance with The
9
10 Governmental Tort Claims Act. Only the following persons and no
10
11 others may be claimants:
11
12 a. any person holding an interest in real or personal
12
13 property which suffers a loss, provided that the claim
13
14 of the person shall be aggregated with claims of all
14
15 other persons holding an interest in the property and
15
16 the claims of all other persons which are derivative
16
17 of the loss, and that multiple claimants shall be
17
18 considered a single claimant,
18
19 b. the individual actually involved in the accident or
19
20 occurrence who suffers a loss, provided that the
20
21 individual shall aggregate in the claim the losses of
21
22 all other persons which are derivative of the loss, or
22
23 c. in the case of death, an administrator, special
23
24 administrator or a personal representative who shall
24
Req. No. 1398 Page 7
1 aggregate in the claim all losses of all persons which
1
2 are derivative of the death;
2
3 6. "Community health care provider" means:
3
4 a. a health care provider who volunteers services at a
4
5 community health center that has been deemed by the
5
6 U.S. Department of Health and Human Services as a
6
7 federally qualified health center as defined by 42
7
8 U.S.C., Section 1396d(l)(2)(B),
8
9 b. a health provider who provides services to an
9
10 organization that has been deemed a federally
10
11 qualified look-alike community health center, and
11
12 c. a health care provider who provides services to a
12
13 community health center that has made application to
13
14 the U.S. Department of Health and Human Services for
14
15 approval and deeming as a federally qualified look-
15
16 alike community health center in compliance with
16
17 federal application guidance, and has received
17
18 comments from the U.S. Department of Health and Human
18
19 Services as to the status of such application with the
19
20 established intent of resubmitting a modified
20
21 application, or, if denied, a new application, no
21
22 later than six (6) months from the date of the
22
23 official notification from the U.S. Department of
23
24
24
Req. No. 1398 Page 8
1 Health and Human Services requiring resubmission of a
1
2 new application;
2
3 7. "Employee" means any person who is authorized to act in
3
4 behalf of a political subdivision or the state whether that person
4
5 is acting on a permanent or temporary basis, with or without being
5
6 compensated or on a full-time or part-time basis.
6
7 a. Employee also includes:
7
8 (1) all elected or appointed officers, members of
8
9 governing bodies and other persons designated to
9
10 act for an agency or political subdivision, but
10
11 the term does not mean a person or other legal
11
12 entity while acting in the capacity of an
12
13 independent contractor or an employee of an
13
14 independent contractor,
14
15 (2) from September 1, 1991, through June 30, 1996,
15
16 licensed physicians, licensed osteopathic
16
17 physicians and certified nurse-midwives providing
17
18 prenatal, delivery or infant care services to
18
19 State Department of Health clients pursuant to a
19
20 contract entered into with the State Department
20
21 of Health in accordance with paragraph 3 of
21
22 subsection B of Section 1-106 of Title 63 of the
22
23 Oklahoma Statutes but only insofar as services
23
24 authorized by and in conformity with the terms of
24
Req. No. 1398 Page 9
1 the contract and the requirements of Section 1-
1
2 233 of Title 63 of the Oklahoma Statutes, and
2
3 (3) any volunteer, full-time or part-time firefighter
3
4 when performing duties for a fire department
4
5 provided for in subparagraph j of paragraph 11 of
5
6 this section.
6
7 b. For the purposes of The Governmental Tort Claims Act,
7
8 the following are employees of this state, regardless
8
9 of the place in this state where duties as employees
9
10 are performed:
10
11 (1) physicians acting in an administrative capacity,
11
12 (2) resident physicians and resident interns
12
13 participating in a graduate medical education
13
14 program of the University of Oklahoma Health
14
15 Sciences Center, the College of Osteopathic
15
16 Medicine of Oklahoma State University, or the
16
17 Department of Mental Health and Substance Abuse
17
18 Services,
18
19 (3) faculty members and staff of the University of
19
20 Oklahoma Health Sciences Center and the College
20
21 of Osteopathic Medicine of Oklahoma State
21
22 University, while engaged in teaching duties,
22
23
23
24
24
Req. No. 1398 Page 10
1 (4) physicians who practice medicine or act in an
1
2 administrative capacity as an employee of an
2
3 agency of the State of Oklahoma,
3
4 (5) physicians who provide medical care to inmates
4
5 pursuant to a contract with the Department of
5
6 Corrections,
6
7 (6) any person who is licensed to practice medicine
7
8 pursuant to Title 59 of the Oklahoma Statutes,
8
9 who is under an administrative professional
9
10 services contract with the Oklahoma Health Care
10
11 Authority under the auspices of the Oklahoma
11
12 Health Care Authority Chief Medical Officer, and
12
13 who is limited to performing administrative
13
14 duties such as professional guidance for medical
14
15 reviews, reimbursement rates, service
15
16 utilization, health care delivery and benefit
16
17 design for the Oklahoma Health Care Authority,
17
18 only while acting within the scope of such
18
19 contract,
19
20 (7) licensed medical professionals under contract
20
21 with city, county, or state entities who provide
21
22 medical care to inmates or detainees in the
22
23 custody or control of law enforcement agencies,
23
24
24
Req. No. 1398 Page 11
1 (8) licensed mental health professionals as defined
1
2 in Sections 1-103 and 5-502 of Title 43A of the
2
3 Oklahoma Statutes, who are conducting initial
3
4 examinations of individuals for the purpose of
4
5 determining whether an individual meets the
5
6 criteria for emergency detention as part of a
6
7 contract with the Department of Mental Health and
7
8 Substance Abuse Services, and
8
9 (9) 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 providing mental
11
12 health or substance abuse treatment services
12
13 under a professional services contract with the
13
14 Department of Mental Health and Substance Abuse
14
15 Services and are providing such treatment
15
16 services at a state-operated facility.
16
17 Physician faculty members and physician staff of the
17
18 University of Oklahoma Health Sciences Center and the
18
19 College of Osteopathic Medicine of Oklahoma State
19
20 University not acting in an administrative capacity or
20
21 engaged in teaching duties are not employees or agents
21
22 of the state.
22
23 c. For the purposes of The Governmental Tort Claims Act,
23
24 employee shall include independent contractors and
24
Req. No. 1398 Page 12
1 employees of independent contractors while actively
1
2 engaged in the transport of individuals in need of
2
3 initial assessment, emergency detention, or protective
3
4 custody as authorized by Section 1-110 of Title 43A of
4
5 the Oklahoma Statutes.
5
6 d. Except as provided in subparagraph b of this
6
7 paragraph, in no event shall the state be held liable
7
8 for the tortious conduct of any physician, resident
8
9 physician or intern while practicing medicine or
9
10 providing medical treatment to patients.
10
11 e. For purposes of The Governmental Tort Claims Act,
11
12 members of the state military forces on state active
12
13 duty orders or on Title 32 active duty orders are
13
14 employees of this state, regardless of the place,
14
15 within or outside this state, where their duties as
15
16 employees are performed;
16
17 8. "Loss" means death or injury to the body or rights of a
17
18 person or damage to real or personal property or rights therein;
18
19 9. "Medically indigent" means a person requiring medically
19
20 necessary hospital or other health care services for the person or
20
21 the dependents of the person who has no public or private third-
21
22 party coverage, and whose personal resources are insufficient to
22
23 provide for needed health care;
23
24
24
Req. No. 1398 Page 13
1 10. "Municipality" means any incorporated city or town, and all
1
2 institutions, agencies or instrumentalities of a municipality;
2
3 11. "Occurrence" means a loss arising out of an accident or
3
4 event or a continuous or repeated exposure to substantially the same
4
5 general harmful conditions. All losses arising out of an accident
5
6 or event or a continuous or repeated exposure to substantially the
6
7 same general harmful conditions shall be deemed to have arisen out
7
8 of one occurrence;
8
9 12. "Political subdivision" means:
9
10 a. a municipality,
10
11 b. a school district, including, but not limited to, a
11
12 technology center school district established pursuant
12
13 to Section 4410, 4411, 4420 or 4420.1 of Title 70 of
13
14 the Oklahoma Statutes,
14
15 c. a county,
15
16 d. a public trust where the sole beneficiary or
16
17 beneficiaries are a city, town, school district or
17
18 county. For purposes of The Governmental Tort Claims
18
19 Act, a public trust shall include:
19
20 (1) a municipal hospital created pursuant to Sections
20
21 30-101 through 30-109 of Title 11 of the Oklahoma
21
22 Statutes, a county hospital created pursuant to
22
23 Sections 781 through 796 of Title 19 of the
23
24 Oklahoma Statutes, or is created pursuant to a
24
Req. No. 1398 Page 14
1 joint agreement between such governing
1
2 authorities, that is operated for the public
2
3 benefit by a public trust created pursuant to
3
4 Sections 176 through 180.4 of Title 60 of the
4
5 Oklahoma Statutes and managed by a governing
5
6 board appointed or elected by the municipality,
6
7 county, or both, who exercises control of the
7
8 hospital, subject to the approval of the
8
9 governing body of the municipality, county, or
9
10 both,
10
11 (2) a public trust created pursuant to Sections 176
11
12 through 180.4 of Title 60 of the Oklahoma
12
13 Statutes after January 1, 2009, the primary
13
14 purpose of which is to own, manage, or operate a
14
15 public acute care hospital in this state that
15
16 serves as a teaching hospital for a medical
16
17 residency program provided by a college of
17
18 osteopathic medicine and provides care to
18
19 indigent persons, and
19
20 (3) a corporation in which all of the capital stock
20
21 is owned, or a limited liability company in which
21
22 all of the member interest is owned, by a public
22
23 trust,
23
24
24
Req. No. 1398 Page 15
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. 1398 Page 16
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. 1398 Page 17
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 The Governmental Tort Claims Act
12
13 only, a substate planning district, regional council
13
14 of government or other entity created pursuant to
14
15 Section 1001 et seq. of Title 74 of the Oklahoma
15
16 Statutes, and
16
17 t. for purposes of The Governmental Tort Claims Act only,
17
18 a regional transportation authority created pursuant
18
19 to Section 1370.7 of Title 68 of the Oklahoma Statutes
19
20 including its contract operator and any railroad
20
21 operating in interstate commerce that sells a property
21
22 interest or provides services to a regional
22
23 transportation authority or allows the authority to
23
24 use the property or tracks of the railroad for the
24
Req. No. 1398 Page 18
1 provision of public passenger rail service to the
1
2 extent claims against the contract operator or
2
3 railroad arise out of or are related to or in
3
4 connection with such property interest, services or
4
5 operation of the public passenger rail service.
5
6 Provided, the acquisition of commercial liability
6
7 insurance to cover the activities of the regional
7
8 transportation authority, contract operator or
8
9 railroad shall not operate as a waiver of any
9
10 liabilities, immunities or defenses provided pursuant
10
11 to the provisions of the The Governmental Tort Claims
11
12 Act,
12
13 and all their institutions, instrumentalities or agencies;
13
14 12. 13. "Scope of employment" means performance by an employee
14
15 acting in good faith within the duties of the employee's office or
15
16 employment or of tasks lawfully assigned by a competent authority
16
17 including the operation or use of an agency vehicle or equipment
17
18 with actual or implied consent of the supervisor of the employee,
18
19 but shall not include corruption or fraud;
19
20 13. 14. "State" means the State of Oklahoma or any office,
20
21 department, agency, authority, commission, board, institution,
21
22 hospital, college, university, public trust created pursuant to
22
23 Title 60 of the Oklahoma Statutes of which the State of Oklahoma is
23
24 the beneficiary, or other instrumentality thereof;
24
Req. No. 1398 Page 19
1 14. 15. "State active duty" shall be defined in accordance with
1
2 Section 801 of Title 44 of the Oklahoma Statutes;
2
3 15. 16. "State military forces" shall be defined in accordance
3
4 with Section 801 of Title 44 of the Oklahoma Statutes;
4
5 16. 17. "Title 32 active duty" shall be defined in accordance
5
6 with Section 801 of Title 44 of the Oklahoma Statutes; and
6
7 17. 18. "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 3. AMENDATORY 51 O.S. 2021, Section 154, is
14
15 amended to read as follows:
15
16 Section 154. A. The total liability of the state and its
16
17 political subdivisions on claims within the scope of The
17
18 Governmental Tort Claims Act, arising out of an accident or
18
19 occurrence happening after October 1, 1985, Section 151 et seq. of
19
20 this title, shall not exceed:
20
21 1. Twenty-five Thousand Dollars ($25,000.00) Thirty-five
21
22 Thousand Dollars ($35,000.00) for any claim or to any claimant who
22
23 has more than one claim for loss of property, including related
23
24
24
Req. No. 1398 Page 20
1 consequential damages, arising out of a single act, accident, or
1
2 occurrence;
2
3 2. For physical injury from a municipal overflow or backup,
3
4 Five Thousand Dollars ($5,000.00) per individual person occupying
4
5 the structure at the time of the occurrence not to exceed an
5
6 aggregate damage amount of Twenty Thousand Dollars ($20,000.00) per
6
7 occurrence regardless of the number person affected by the
7
8 occurrence;
8
9 3. For nuisance, annoyance, or inconvenience damages from a
9
10 municipal sewer overflow or backup, Five Thousand Dollars
10
11 ($5,000.00) per individual person occupying the structure at the
11
12 time of the occurrence not to exceed an aggregate damage amount of
12
13 Twenty Thousand Dollars ($20,000.00) per occurrence regardless of
13
14 the number of persons affected by the occurrence;
14
15 4. Except as otherwise provided in this paragraph, One Hundred
15
16 Twenty-five Thousand Dollars ($125,000.00) One Hundred Fifty
16
17 Thousand Dollars ($150,000.00) to any claimant for a claim for any
17
18 other loss arising out of a single act, accident, or occurrence.
18
19 The limit of liability for the state or any city or county with a
19
20 population of three hundred thousand (300,000) or more according to
20
21 the latest Federal Decennial Census, or a political subdivision as
21
22 defined in subparagraph s of paragraph 11 of Section 152 of this
22
23 title, shall not exceed One Hundred Seventy-five Thousand Dollars
23
24 ($175,000.00) Two Hundred Thousand Dollars ($200,000.00). Except
24
Req. No. 1398 Page 21
1 however, the limits of the liability for the University Hospitals
1
2 and State Mental Health Hospitals operated by the Department of
2
3 Mental Health and Substance Abuse Services for claims arising from
3
4 medical negligence shall be Two Hundred Thousand Dollars
4
5 ($200,000.00) Two Hundred Twenty-five Thousand Dollars
5
6 ($225,000.00). For claims arising from medical negligence by any
6
7 licensed physician, osteopathic physician or certified nurse-midwife
7
8 rendering prenatal, delivery or infant care services from September
8
9 1, 1991, through June 30, 1996, pursuant to a contract authorized by
9
10 subsection B of Section 1-106 of Title 63 of the Oklahoma Statutes
10
11 and in conformity with the requirements of Section 1-233 of Title 63
11
12 of the Oklahoma Statutes, the limits of the liability shall be Two
12
13 Hundred Thousand Dollars ($200,000.00) Two Hundred Twenty-five
13
14 Thousand Dollars ($225,000.00); or
14
15 3. 5. One Million Dollars ($1,000,000.00) for any number of
15
16 claims for indemnification pursuant to Section 162 of this title
16
17 arising out of a single occurrence or accident; or
17
18 6. One Million Two Hundred Fifty Thousand Dollars
18
19 (1,250,000.00) for any number of claims arising out of a single
19
20 occurrence or accident.
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. 1398 Page 22
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. 1398 Page 23
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. 1398 Page 24
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 each claimant bears to the aggregate awards and
13
14 settlements for all claims against the state or its political
14
15 subdivisions arising out of the occurrence. When the amount of the
15
16 aggregate losses presented by a single claimant exceeds the limits
16
17 of paragraph 1 or 2 of subsection A of this section, each person
17
18 suffering a loss shall be entitled to that person's proportionate
18
19 share.
19
20 E. The total liability of resident physicians and interns while
20
21 participating in a graduate medical education program of the
21
22 University of Oklahoma College of Medicine, its affiliated
22
23 institutions and the Oklahoma State University College of
23
24 Osteopathic Medicine and Surgery shall not exceed One Hundred
24
Req. No. 1398 Page 25
1 Thousand Dollars ($100,000.00) One Hundred Twenty-five Thousand
1
2 Dollars ($125,000.00).
2
3 F. The state or a political subdivision may petition the court
3
4 that all parties and actions arising out of a single accident or
4
5 occurrence shall be joined as provided by law, and upon order of the
5
6 court the proceedings upon good cause shown shall be continued for a
6
7 reasonable time or until such joinder has been completed. The state
7
8 or political subdivision shall be allowed to interplead in any
8
9 action which may impose on it any duty or liability pursuant to The
9
10 Governmental Tort Claims Act.
10
11 G. The liability of the state or political subdivision under
11
12 The Governmental Tort Claims Act shall be several from that of any
12
13 other person or entity, and the state or political subdivision shall
13
14 only be liable for that percentage of total damages that corresponds
14
15 to its percentage of total negligence. Nothing in this section
15
16 shall be construed as increasing the liability limits imposed on the
16
17 state or political subdivision under The Governmental Tort Claims
17
18 Act.
18
19 SECTION 4. AMENDATORY 51 O.S. 2021, Section 155, as
19
20 amended by Section 21, Chapter 228, O.S.L. 2022 (51 O.S. Supp. 2024,
20
21 Section 155), is amended to read as follows:
21
22 Section 155. The state or a political subdivision shall not be
22
23 liable if a loss or claim results from:
23
24 1. Legislative functions;
24
Req. No. 1398 Page 26
1 2. Judicial, quasi-judicial, or prosecutorial functions, other
1
2 than claims for wrongful criminal felony conviction resulting in
2
3 imprisonment provided for in Section 154 of this title;
3
4 3. Execution or enforcement of the lawful orders of any court;
4
5 4. Adoption or enforcement of or failure to adopt or enforce a
5
6 law, whether valid or invalid, including, but not limited to, any
6
7 statute, charter provision, ordinance, resolution, rule, regulation
7
8 or written policy;
8
9 5. Performance of or the failure to exercise or perform any act
9
10 or service which is in the discretion of the state or political
10
11 subdivision or its employees;
11
12 6. Civil disobedience, riot, insurrection or rebellion or the
12
13 failure to provide, or the method of providing, police, law
13
14 enforcement or fire protection;
14
15 7. Any claim based on the theory of attractive nuisance;
15
16 8. Snow or ice conditions or temporary or natural conditions on
16
17 any public way or other public place due to weather conditions,
17
18 unless the condition is affirmatively caused by the negligent act of
18
19 the state or a political subdivision;
19
20 9. Entry upon any property where that entry is expressly or
20
21 implied authorized by law;
21
22 10. Natural conditions of property of the state or political
22
23 subdivision;
23
24
24
Req. No. 1398 Page 27
1 11. Assessment or collection of taxes or special assessments,
1
2 license or registration fees, or other fees or charges imposed by
2
3 law;
3
4 12. Licensing powers or functions including, but not limited
4
5 to, the issuance, denial, suspension or revocation of or failure or
5
6 refusal to issue, deny, suspend or revoke any permit, license,
6
7 certificate, approval, order or similar authority;
7
8 13. Inspection powers or functions, including failure to make
8
9 an inspection, review or approval, or making an inadequate or
9
10 negligent inspection, review or approval of any property, real or
10
11 personal, to determine whether the property complies with or
11
12 violates any law or contains a hazard to health or safety, or fails
12
13 to conform to a recognized standard;
13
14 14. Any loss to any person covered by any workers' compensation
14
15 act or any employer's liability act;
15
16 15. Absence, condition, location or malfunction of any traffic
16
17 or road sign, signal or warning device unless the absence,
17
18 condition, location or malfunction is not corrected by the state or
18
19 political subdivision responsible within a reasonable time after
19
20 actual or constructive notice or the removal or destruction of such
20
21 signs, signals or warning devices by third parties, action of
21
22 weather elements or as a result of traffic collision except on
22
23 failure of the state or political subdivision to correct the same
23
24 within a reasonable time after actual or constructive notice.
24
Req. No. 1398 Page 28
1 Nothing herein shall give rise to liability arising from the failure
1
2 of the state or any political subdivision to initially place any of
2
3 the above signs, signals or warning devices. The signs, signals and
3
4 warning devices referred to herein are those used in connection with
4
5 hazards normally connected with the use of roadways or public ways
5
6 and do not apply to the duty to warn of special defects such as
6
7 excavations or roadway obstructions;
7
8 16. Any claim which is limited or barred by any other law;
8
9 17. Misrepresentation, if unintentional;
9
10 18. An act or omission of an independent contractor or
10
11 consultant or his or her employees, agents, subcontractors or
11
12 suppliers or of a person other than an employee of the state or
12
13 political subdivision at the time the act or omission occurred;
13
14 19. Theft by a third person of money in the custody of an
14
15 employee unless the loss was sustained because of the negligence or
15
16 wrongful act or omission of the employee;
16
17 20. Participation in or practice for any interscholastic or
17
18 other athletic contest sponsored or conducted by or on the property
18
19 of the state or a political subdivision;
19
20 21. Participation in any activity approved by a local board of
20
21 education and held within a building or on the grounds of the school
21
22 district served by that local board of education before or after
22
23 normal school hours or on weekends;
23
24
24
Req. No. 1398 Page 29
1 22. Use of indoor or outdoor school property and facilities
1
2 made available for public recreation before or after normal school
2
3 hours or on weekends or school vacations, except those claims
3
4 resulting from willful and wanton acts of negligence. For purposes
4
5 of this paragraph:
5
6 a. "public" includes, but is not limited to, students
6
7 during nonschool hours and school staff when not
7
8 working as employees of the school, and
8
9 b. "recreation" means any indoor or outdoor physical
9
10 activity, either organized or unorganized, undertaken
10
11 for exercise, relaxation, diversion, sport or
11
12 pleasure, and that is not otherwise covered by
12
13 paragraph 20 or 21 of this section;
13
14 23. Any court-ordered, Department of Corrections or county
14
15 approved work release program; provided, however, this provision
15
16 shall not apply to claims from individuals not in the custody of the
16
17 Department of Corrections based on accidents involving motor
17
18 vehicles owned or operated by the Department of Corrections;
18
19 24. The activities of the state military forces when on state
19
20 active duty orders or on Title 32 active duty orders;
20
21 25. Provision, equipping, operation or maintenance of any
21
22 prison, jail or correctional facility, or injuries resulting from
22
23 the parole or escape of a prisoner or injuries by a prisoner to any
23
24 other prisoner; provided, however, this provision shall not apply to
24
Req. No. 1398 Page 30
1 claims from individuals not in the custody of the Department of
1
2 Corrections based on accidents involving motor vehicles owned or
2
3 operated by the Department of Corrections;
3
4 26. Provision, equipping, operation or maintenance of any
4
5 juvenile detention facility, or injuries resulting from the escape
5
6 of a juvenile detainee, or injuries by a juvenile detainee to any
6
7 other juvenile detainee;
7
8 27. Any claim or action based on the theory of manufacturer's
8
9 products liability or breach of warranty, either expressed or
9
10 implied;
10
11 28. Any claim or action based on the theory of indemnification
11
12 or subrogation; provided, however, a political subdivision as
12
13 defined in subparagraph s of paragraph 11 of Section 152 of this
13
14 title may enter into a contract with a contract operator or any
14
15 railroad operating in interstate commerce that sells a property
15
16 interest or provides services to a regional transportation
16
17 authority, or allows the regional transportation authority to use
17
18 the railroad's property or tracks for the provision of public
18
19 passenger rail service, providing for the allocation of financial
19
20 responsibility, indemnification, or the procurement of insurance for
20
21 the parties for all types of claims or damages, provided that funds
21
22 have been appropriated to cover the resulting contractual obligation
22
23 at the time the contract is executed. The acquisition of commercial
23
24 liability insurance to cover the activities of the regional
24
Req. No. 1398 Page 31
1 transportation authority, contract operator or railroad shall not
1
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
5
6 the Federal Employers Liability Act or the Federal Railway Labor
6
7 Act;
7
8 29. Any claim based upon an act or omission of an employee in
8
9 the placement of children;
9
10 30. Acts or omissions done in conformance with then current
10
11 recognized standards;
11
12 31. Maintenance of the state highway system or any portion
12
13 thereof unless the claimant presents evidence which establishes
13
14 either that the state failed to warn of the unsafe condition or that
14
15 the loss would not have occurred but for a negligent affirmative act
15
16 of the state;
16
17 32. Any confirmation of the existence or nonexistence of any
17
18 effective financing statement on file in the office of the Secretary
18
19 of State made in good faith by an employee of the office of the
19
20 Secretary of State as required by the provisions of Section 1-9-
20
21 320.6 of Title 12A of the Oklahoma Statutes;
21
22 33. Any court-ordered community sentence;
22
23 34. Remedial action and any subsequent related maintenance of
23
24 property pursuant to and in compliance with an authorized
24
Req. No. 1398 Page 32
1 environmental remediation program, order, or requirement of a
1
2 federal or state environmental agency;
2
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;
6
7 36. Actions taken in good faith by a school district employee
7
8 for the out-of-school suspension of a student pursuant to applicable
8
9 Oklahoma Statutes; or
9
10 37. Use of a public facility opened to the general public
10
11 during an emergency;
11
12 38. Flooding, backups, or stoppages of storm sewers or sanitary
12
13 sewers that are caused by unordinary rainfall events, considering
13
14 duration and intensity of the rainfall event, that results in flows
14
15 that exceed the design capacity of the sewer system;
15
16 39. Sanitary sewer overflows that have occurred on lines within
16
17 the sanitary sewer system where no report of a blockage, backup, or
17
18 overflow has been made to the political subdivision or utility
18
19 operator within the preceding three (3) years;
19
20 40. A sanitary sewer overflow occurring on private property,
20
21 provided that the utility operator is in compliance with Section 1
21
22 of this act. This paragraph shall not apply to claims for loss of
22
23 property; or
23
24
24
Req. No. 1398 Page 33
1 41. Any claims occurring within five (5) years after the
1
2 effective date of this act arising out of the maintenance and
2
3 operation of a public utility, which is deemed to be in compliance
3
4 with the provisions of Section 1 of this act.
4
5 SECTION 5. This act shall become effective November 1, 2025.
5
6
6
7 60-1-1398 MR 1/19/2025 5:40:43 AM
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 1398 Page 34Every fact on this page links to its source, starting with the official bill record.