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SENATE FLOOR VERSION
February 25, 2025
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 213 By: Howard
An Act relating to The Governmental Tort Claims Act;
amending 51 O.S. 2021, Sections 152, as last amended
by Section 111, Chapter 452, O.S.L. 2024, and 154 (51
O.S. Supp. 2024. Section 152), which relate to
definitions and extent of liability; modifying
definitions; increasing limits on liability for
certain claims; updating statutory language; updating
statutory reference; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2021, Section 152, as last
amended by Section 111, Chapter 452, O.S.L. 2024 (51 O.S. Supp.
2024, Section 152), is amended to read as follows:
Section 152. As used in The Governmental Tort Claims Act:
1. “Action” means a proceeding in a court of competent
jurisdiction by which one party brings a suit against another;
2. “Agency” means any board, commission, committee, department
or other instrumentality or entity designated to act in behalf of
the state or a political subdivision;
3. “Charitable health care provider” means a person who is
licensed, certified, or otherwise authorized by the laws of this
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state to administer health care in the ordinary course of business
or the practice of a profession and who provides care to a medically
indigent person, as defined in paragraph 9 of this section, with no
expectation of or acceptance of compensation of any kind;
4. “Claim” means any written demand presented by a claimant or
the claimant’s authorized representative in accordance with the
Governmental Tort Claims Act to recover money from the state or
political subdivision as compensation for an act or omission of a
political subdivision or the state or an employee;
5. “Claimant” means the person or the person’s authorized
representative who files notice of a claim in accordance with The
Governmental Tort Claims Act. Only the following persons and no
others may be claimants:
a. any person holding an interest in real or personal
property which suffers a loss, provided that the claim
of the person shall be aggregated with claims of all
other persons holding an interest in the property and
the claims of all other persons which are derivative
of the loss, and that multiple claimants shall be
considered a single claimant,
b. the individual actually involved in the accident or
occurrence who suffers a loss, provided that the
individual shall aggregate in the claim the losses of
all other persons which are derivative of the loss, or
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c. in the case of death, an administrator, special
administrator or a personal representative who shall
aggregate in the claim all losses of all persons which
are derivative of the death;
6. “Community health care provider” means:
a. a health care provider who volunteers services at a
community health center that has been deemed by the
U.S. Department of Health and Human Services as a
federally qualified health center as defined by 42
U.S.C., Section 1396d(l)(2)(B),
b. a health provider who provides services to an
organization that has been deemed a federally
qualified look-alike community health center, and
c. a health care provider who provides services to a
community health center that has made application to
the U.S. Department of Health and Human Services for
approval and deeming as a federally qualified look-
alike community health center in compliance with
federal application guidance, and has received
comments from the U.S. Department of Health and Human
Services as to the status of such application with the
established intent of resubmitting a modified
application, or, if denied, a new application, no
later than six (6) months from the date of the
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official notification from the U.S. Department of
Health and Human Services requiring resubmission of a
new application;
7. “Employee” means any person who is authorized to act in
behalf of a political subdivision or the state whether that person
is acting on a permanent or temporary basis, with or without being
compensated or on a full-time or part-time basis.
a. Employee also includes:
(1) all elected or appointed officers, members of
governing bodies and other persons designated to
act for an agency or political subdivision, but
the term does not mean a person or other legal
entity while acting in the capacity of an
independent contractor or an employee of an
independent contractor,
(2) from September 1, 1991, through June 30, 1996,
licensed physicians, licensed osteopathic
physicians and certified nurse-midwives providing
prenatal, delivery or infant care services to
State Department of Health clients pursuant to a
contract entered into with the State Department
of Health in accordance with paragraph 3 of
subsection B of Section 1-106 of Title 63 of the
Oklahoma Statutes but only insofar as services
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authorized by and in conformity with the terms of
the contract and the requirements of Section 1-
233 of Title 63 of the Oklahoma Statutes, and
(3) any volunteer, full-time or part-time firefighter
when performing duties for a fire department
provided for in subparagraph j of paragraph 11 of
this section.
b. For the purposes of The Governmental Tort Claims Act,
the following are employees of this state, regardless
of the place in this state where duties as employees
are performed:
(1) physicians acting in an administrative capacity,
(2) resident physicians and resident interns
participating in a graduate medical education
program of the University of Oklahoma Health
Sciences Center, the College of Osteopathic
Medicine of Oklahoma State University, or the
Department of Mental Health and Substance Abuse
Services,
(3) faculty members and staff of the University of
Oklahoma Health Sciences Center and the College
of Osteopathic Medicine of Oklahoma State
University, while engaged in teaching duties,
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(4) physicians who practice medicine or act in an
administrative capacity as an employee of an
agency of the State of Oklahoma,
(5) physicians who provide medical care to inmates
pursuant to a contract with the Department of
Corrections,
(6) any person who is licensed to practice medicine
pursuant to Title 59 of the Oklahoma Statutes,
who is under an administrative professional
services contract with the Oklahoma Health Care
Authority under the auspices of the Oklahoma
Health Care Authority Chief Medical Officer, and
who is limited to performing administrative
duties such as professional guidance for medical
reviews, reimbursement rates, service
utilization, health care delivery and benefit
design for the Oklahoma Health Care Authority,
only while acting within the scope of such
contract,
(7) licensed medical professionals under contract
with city, county, or state entities who provide
medical care to inmates or detainees in the
custody or control of law enforcement agencies,
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(8) licensed mental health professionals as defined
in Sections 1-103 and 5-502 of Title 43A of the
Oklahoma Statutes, who are conducting initial
examinations of individuals for the purpose of
determining whether an individual meets the
criteria for emergency detention as part of a
contract with the Department of Mental Health and
Substance Abuse Services, and
(9) licensed mental health professionals as defined
in Sections 1-103 and 5-502 of Title 43A of the
Oklahoma Statutes, who are providing mental
health or substance abuse treatment services
under a professional services contract with the
Department of Mental Health and Substance Abuse
Services and are providing such treatment
services at a state-operated facility.
Physician faculty members and physician staff of the
University of Oklahoma Health Sciences Center and the
College of Osteopathic Medicine of Oklahoma State
University not acting in an administrative capacity or
engaged in teaching duties are not employees or agents
of the state.
c. For the purposes of The Governmental Tort Claims Act,
employee shall include independent contractors and
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employees of independent contractors while actively
engaged in the transport of individuals in need of
initial assessment, emergency detention, or protective
custody as authorized by Section 1-110 of Title 43A of
the Oklahoma Statutes.
d. Except as provided in subparagraph b of this
paragraph, in no event shall the state be held liable
for the tortious conduct of any physician, resident
physician or intern while practicing medicine or
providing medical treatment to patients.
e. For purposes of The Governmental Tort Claims Act,
members of the state military forces on state active
duty orders or on Title 32 active duty orders are
employees of this state, regardless of the place,
within or outside this state, where their duties as
employees are performed;
8. “Loss” means death or injury to the body or rights of a
person or damage to real or personal property or rights therein;
9. “Medically indigent” means a person requiring medically
necessary hospital or other health care services for the person or
the dependents of the person who has no public or private third-
party coverage, and whose personal resources are insufficient to
provide for needed health care;
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10. “Municipality” means any incorporated city or town, and all
institutions, agencies or instrumentalities of a municipality;
11. “Political subdivision” means:
a. a municipality,
b. a school district, including, but not limited to, a
technology center school district established pursuant
to Section 4410, 4411, 4420 or 4420.1 of Title 70 of
the Oklahoma Statutes, or a public library as defined
pursuant to Section 1-104 of Title 65 of the Oklahoma
Statutes,
c. a county,
d. a public trust where the sole beneficiary or
beneficiaries are a city, town, school district or
county. For purposes of The Governmental Tort Claims
Act, a public trust shall include:
(1) a municipal hospital created pursuant to Sections
30-101 through 30-109 of Title 11 of the Oklahoma
Statutes, a county hospital created pursuant to
Sections 781 through 796 of Title 19 of the
Oklahoma Statutes, or is created pursuant to a
joint agreement between such governing
authorities, that is operated for the public
benefit by a public trust created pursuant to
Sections 176 through 180.4 of Title 60 of the
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Oklahoma Statutes and managed by a governing
board appointed or elected by the municipality,
county, or both, who exercises control of the
hospital, subject to the approval of the
governing body of the municipality, county, or
both,
(2) a public trust created pursuant to Sections 176
through 180.4 of Title 60 of the Oklahoma
Statutes after January 1, 2009, the primary
purpose of which is to own, manage, or operate a
public acute care hospital in this state that
serves as a teaching hospital for a medical
residency program provided by a college of
osteopathic medicine and provides care to
indigent persons, and
(3) a corporation in which all of the capital stock
is owned, or a limited liability company in which
all of the member interest is owned, by a public
trust,
e. for the purposes of The Governmental Tort Claims Act
only, a housing authority created pursuant to the
provisions of the Oklahoma Housing Authorities Act,
f. for the purposes of The Governmental Tort Claims Act
only, corporations organized not for profit pursuant
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to the provisions of the Oklahoma General Corporation
Act for the primary purpose of developing and
providing rural water supply and sewage disposal
facilities to serve rural residents,
g. for the purposes of The Governmental Tort Claims Act
only, districts formed pursuant to the Rural Water,
Sewer, Gas and Solid Waste Management Districts Act,
h. for the purposes of The Governmental Tort Claims Act
only, master conservancy districts formed pursuant to
the Conservancy Act of Oklahoma,
i. for the purposes of The Governmental Tort Claims Act
only, a fire protection district created pursuant to
the provisions of Section 901.1 et seq. of Title 19 of
the Oklahoma Statutes,
j. for the purposes of The Governmental Tort Claims Act
only, a benevolent or charitable corporate volunteer
or full-time fire department for an unincorporated
area created pursuant to the provisions of Section 592
et seq. of Title 18 of the Oklahoma Statutes,
k. for purposes of The Governmental Tort Claims Act only,
an Emergency Services Provider rendering services
within the boundaries of a Supplemental Emergency
Services District pursuant to an existing contract
between the Emergency Services Provider and the State
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Department of Health. Provided, however, that the
acquisition of commercial liability insurance covering
the activities of such Emergency Services Provider
performed within this state shall not operate as a
waiver of any of the limitations, immunities or
defenses provided for political subdivisions pursuant
to the terms of The Governmental Tort Claims Act,
l. for purposes of The Governmental Tort Claims Act only,
a conservation district created pursuant to the
provisions of the Conservation District Act,
m. for purposes of The Governmental Tort Claims Act,
districts formed pursuant to the Oklahoma Irrigation
District Act,
n. for purposes of The Governmental Tort Claims Act only,
any community action agency established pursuant to
Sections 5035 through 5040 of Title 74 of the Oklahoma
Statutes,
o. for purposes of The Governmental Tort Claims Act only,
any organization that is designated as a youth
services agency, pursuant to Section 2-7-306 of Title
10A of the Oklahoma Statutes,
p. for purposes of The Governmental Tort Claims Act only,
any judge presiding over a drug court, as defined by
Section 471.1 of Title 22 of the Oklahoma Statutes,
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q. for purposes of The Governmental Tort Claims Act only,
any child-placing agency licensed by this state to
place children in foster family homes,
r. for purposes of The Governmental Tort Claims Act only,
a circuit engineering district created pursuant to
Section 687.1 of Title 69 of the Oklahoma Statutes,
s. for purposes of the Governmental Tort Claims Act only,
a substate planning district, regional council of
government or other entity created pursuant to Section
1001 et seq. of Title 74 of the Oklahoma Statutes, and
t. for purposes of The Governmental Tort Claims Act only,
a regional transportation authority created pursuant
to Section 1370.7 of Title 68 of the Oklahoma Statutes
including its contract operator and any railroad
operating in interstate commerce that sells a property
interest or provides services to a regional
transportation authority or allows the authority to
use the property or tracks of the railroad for the
provision of public passenger rail service to the
extent claims against the contract operator or
railroad arise out of or are related to or in
connection with such property interest, services or
operation of the public passenger rail service.
Provided, the acquisition of commercial liability
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insurance to cover the activities of the regional
transportation authority, contract operator or
railroad shall not operate as a waiver of any
liabilities, immunities or defenses provided pursuant
to the provisions of the Governmental Tort Claims Act,
and
u. for purposes of The Governmental Tort Claims Act only,
a not-for-profit corporation in which all of the
membership interest is owned by a public trust created
pursuant to Sections 176 through 180.4 of Title 60 of
the Oklahoma Statutes, and pursuant to Section 3201 et
seq. of Title 63 of the Oklahoma Statutes,
and all their institutions, instrumentalities or agencies;
12. “Scope of employment” means performance by an employee
acting in good faith within the duties of the employee’s office or
employment or of tasks lawfully assigned by a competent authority
including the operation or use of an agency vehicle or equipment
with actual or implied consent of the supervisor of the employee,
but shall not include corruption or fraud;
13. “State” means the State of Oklahoma or any office,
department, agency, authority, commission, board, institution,
hospital, college, university, public trust created pursuant to
Title 60 of the Oklahoma Statutes of which the State of Oklahoma is
the beneficiary, or other instrumentality thereof;
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14. “State active duty” shall be defined in accordance with
Section 801 of Title 44 of the Oklahoma Statutes;
15. “State military forces” shall be defined in accordance with
Section 801 of Title 44 of the Oklahoma Statutes;
16. “Title 32 active duty” shall be defined in accordance with
Section 801 of Title 44 of the Oklahoma Statutes; and
17. “Tort” means a legal wrong, independent of contract,
involving violation of a duty imposed by general law, statute, the
Constitution of the State of Oklahoma, or otherwise, resulting in a
loss to any person, association or corporation as the proximate
result of an act or omission of a political subdivision or the state
or an employee acting within the scope of employment; provided,
however, a tort shall not include a claim for inverse condemnation.
SECTION 2. AMENDATORY 51 O.S. 2021, Section 154, is
amended to read as follows:
Section 154. A. The total liability of the state and its
political subdivisions on claims within the scope of The
Governmental Tort Claims Act, arising out of an accident or
occurrence happening after October 1, 1985, Section 151 et seq. of
this title, shall not exceed:
1. Twenty-five Thousand Dollars ($25,000.00) Seventy-five
Thousand Dollars ($75,000.00) for any claim or to any claimant who
has more than one claim for loss of property arising out of a single
act, accident, or occurrence;
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2. a. Eighty-five Thousand Dollars ($85,000.00) to any
claimant for any number of claims for inconvenience,
annoyance, or discomfort in nuisance claims arising
out of a single act, accident, or occurrence in a
county with a population of less than one hundred
fifty thousand (150,000) according to the latest
Federal Decennial Census, or
b. One Hundred Forty Thousand Dollars ($140,000.00) to
any claimant for any number of claims for
inconvenience, annoyance, or discomfort in nuisance
claims arising out of a single act, accident, or
occurrence in a county with a population of one
hundred fifty thousand (150,000) or more according to
the latest Federal Decennial Census;
3. Except as otherwise provided in this paragraph, One Hundred
Twenty-five Thousand Dollars ($125,000.00) Two Hundred Fifty
Thousand Dollars ($250,000.00) to any claimant for a claim for any
other loss arising out of a single act, accident, or occurrence.
The limit of liability for the state or any city or county with a
population of three hundred thousand (300,000) one hundred fifty
thousand (150,000) or more according to the latest Federal Decennial
Census, or a political subdivision as defined in subparagraph s of
paragraph 11 of Section 152 of this title, shall not exceed One
Hundred Seventy-five Thousand Dollars ($175,000.00) Three Hundred
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Seventy-five Thousand Dollars ($375,000.00). Except however, the
limits of the liability for the University Hospitals and State
Mental Health Hospitals state mental health hospitals operated by
the Department of Mental Health and Substance Abuse Services for
claims arising from medical negligence shall be Two Hundred Thousand
Dollars ($200,000.00) Three Hundred Thousand Dollars ($300,000.00).
For claims arising from medical negligence by any licensed
physician, osteopathic physician or certified nurse-midwife
rendering prenatal, delivery or infant care services from September
1, 1991, through June 30, 1996, pursuant to a contract authorized by
subsection B C of Section 1-106 of Title 63 of the Oklahoma Statutes
and in conformity with the requirements of Section 1-233 of Title 63
of the Oklahoma Statutes, the limits of the liability shall be Two
Hundred Thousand Dollars ($200,000.00); or
3. 4. One Million Dollars ($1,000,000.00) for any number of
claims for indemnification pursuant to Section 162 of this title
arising out of a single occurrence or accident; or
5. Two Million Dollars ($2,000,000.00) in the aggregate for any
number of claims arising out of a single occurrence or accident.
B. 1. Beginning on May 28, 2003, claims shall be allowed for
wrongful criminal felony conviction resulting in imprisonment if the
claimant has received a full pardon on the basis of a written
finding by the Governor of actual innocence for the crime for which
the claimant was sentenced or has been granted judicial relief
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absolving the claimant of guilt on the basis of actual innocence of
the crime for which the claimant was sentenced. The Governor or the
court shall specifically state, in the pardon or order, the evidence
or basis on which the finding of actual innocence is based.
2. As used in paragraph 1 of this subsection, for a claimant to
recover based on “actual innocence”, the individual must meet the
following criteria:
a. the individual was charged, by indictment or
information, with the commission of a public offense
classified as a felony,
b. the individual did not plead guilty to the offense
charged, or to any lesser included offense, but was
convicted of the offense,
c. the individual was sentenced to incarceration for a
term of imprisonment as a result of the conviction,
d. the individual was imprisoned solely on the basis of
the conviction for the offense, and
e. (1) in the case of a pardon, a determination was made
by either the Pardon and Parole Board or the
Governor that the offense for which the
individual was convicted, sentenced and
imprisoned, including any lesser offenses, was
not committed by the individual, or
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(2) in the case of judicial relief, a court of
competent jurisdiction found by clear and
convincing evidence that the offense for which
the individual was convicted, sentenced and
imprisoned, including any lesser included
offenses, was not committed by the individual and
issued an order vacating, dismissing or reversing
the conviction and sentence and providing that no
further proceedings can be or will be held
against the individual on any facts and
circumstances alleged in the proceedings which
had resulted in the conviction.
3. A claimant shall not be entitled to compensation for any
part of a sentence in prison during which the claimant was also
serving a concurrent sentence for a crime not covered by this
subsection.
4. The total liability of the state and its political
subdivisions on any claim within the scope of The Governmental Tort
Claims Act arising out of wrongful criminal felony conviction
resulting in imprisonment shall not exceed One Hundred Seventy-five
Thousand Dollars ($175,000.00).
5. The provisions of this subsection shall apply to convictions
occurring on or before May 28, 2003, as well as convictions
occurring after May 28, 2003. If a court of competent jurisdiction
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finds that retroactive application of this subsection is
unconstitutional, the prospective application of this subsection
shall remain valid.
C. No award for damages in an action or any claim against the
state or a political subdivision shall include punitive or exemplary
damages.
D. When the amount awarded to or settled upon multiple
claimants exceeds the limitations of this section, any party may
apply to the district court which has jurisdiction of the cause to
apportion to each claimant the claimant’s proper share of the total
amount as limited herein. The share apportioned to each claimant
shall be in the proportion that the ratio of the award or settlement
made to him each claimant bears to the aggregate awards and
settlements for all claims against the state or its political
subdivisions arising out of the occurrence. When the amount of the
aggregate losses presented by a single claimant exceeds the limits
of paragraph 1, or 2, or 3 of subsection A of this section, each
person suffering a loss shall be entitled to that person’s
proportionate share.
E. The total liability of resident physicians and interns while
participating in a graduate medical education program of the
University of Oklahoma College of Medicine, its affiliated
institutions and the Oklahoma State University College of
Osteopathic Medicine and Surgery shall not exceed One Hundred
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Thousand Dollars ($100,000.00) One Hundred Fifty Thousand Dollars
($150,000.00).
F. The total liability of a public trust hospital and physician
for the acts of a physician who provides medical services on the
premises of a public trust hospital as defined pursuant to Section
152 of this title, that is located in a county with a population of
less than seventy-five thousand (75,000) according to the latest
Federal Decennial Census, but who is not employed by such hospital,
shall not exceed One Million Dollars ($1,000,000.00). If the
physician is employed by another group or entity not under the sole
or majority control of the physician, the total limit of liability
of the physician and hospital shall be the higher coverage afforded
by the liability policy or self-insurance or assets of that group or
entity.
G. The state or a political subdivision may petition the court
that all parties and actions arising out of a single accident or
occurrence shall be joined as provided by law, and upon order of the
court the proceedings upon good cause shown shall be continued for a
reasonable time or until such joinder has been completed. The state
or political subdivision shall be allowed to interplead in any
action which may impose on it any duty or liability pursuant to The
Governmental Tort Claims Act.
G. H. The liability of the state or political subdivision under
The Governmental Tort Claims Act shall be several from that of any
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other person or entity, and the state or political subdivision shall
only be liable for that percentage of total damages that corresponds
to its percentage of total negligence. Nothing in this section
shall be construed as increasing the liability limits imposed on the
state or political subdivision under The Governmental Tort Claims
Act.
SECTION 3. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 25, 2025 - DO PASS AS AMENDED BY CS