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ENGR. H. A. to ENGR. S. B. NO. 650 Page 1
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ENGROSSED HOUSE AMENDMENT
TO
ENGROSSED SENATE BILL NO. 650 By: Paxton of the Senate
and
Harris of the House
An Act relating to public utilities; defining term;
requiring the governing body of a public utility to
adopt a plan for components of maintenance and
operation of public utilities; providing for contents
of plan; specifying process for notice; allowing for
public utilities to be in compliance upon approval of
plan; authorizing certain state agencies to verify
certain provisions of plan; preventing certain
recovery of damages under certain circumstances;
amending 51 O.S. 2021, Sections 152, as last amended
by Section 111, Chapter 452, O.S.L. 2024, 154, and
155, as amended by Section 21, Chapter 228, O.S.L.
2022 (51 O.S. Supp. 2024, Sections 152 and 155),
which relate to The Governmental Tort Claims Act;
defining term; increasing award amounts for certain
claims; specifying certain accidents and occurrences;
providing for the process and amounts awarded under
certain circumstances; expanding exemptions for
liability by the state or political subdivisions;
updating statutory references and language; making
language gender neutral; providing for codification;
and providing an effective date.
AUTHOR: Remove Representative Harris as principal House author and
substitute with Representative Duel.
AUTHORS: Add the following House Coauthors: Waldron and Harris
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"An Act relating to public finance; requiring cabinet
secretary approval for salary increases in excess of
specified percentage; imposing limitation on maximum
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salary increases; requiring agencies to adopt rules
related to job performance; excluding certain
licensed professional persons from certain
restrictions; providing for applicability to certain
employee category; providing for inapplicability to
non-appropriated agencies; providing for
inapplicability to certain employee categories;
providing for codification; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 280.1 of Title 62, unless there
is created a duplication in numbering, reads as follows:
A. No executive branch agency shall increase the salary of a
state employee by more than ten percent (10%) with respect to any
fiscal year unless the cabinet secretary with jurisdiction over the
agency formally approves such increase. The Office of Management
and Enterprise Services shall prescribe a form to be used by a
cabinet secretary and at least one copy of the approval shall be
retained by the agency providing the salary increase and one copy
shall be retained by the Office of Management and Enterprise
Services.
B. The maximum bonus amount that any state agency may provide
any state employee shall be ten percent (10%) of the base salary
amount in effect for the employee as of the original hire date for
the employee or as of the anniversary of such original hire date for
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an employee with service in excess of one (1) fiscal year. The
Office of Management and Enterprise Services shall prescribe a form
to be used by executive branch agencies for the approval of a bonus
amount authorized by this subsection.
C. Each state agency shall establish, pursuant to permanent
administrative rules, a maximum authorized bonus amount for each
employee position within the agency and shall also establish metrics
or other performance measures with respect to each such employee
position or job category which shall either already be in effect as
of the date the bonus becomes effective or which shall take effect
not later than thirty (30) days after the employee is hired.
D. Salary adjustments for all employees performing services for
an executive branch agency in excess of ten percent (10%) may be
authorized as a result of performance reviews, a change in job
duties or titles or based on substantial modification of existing
duties and responsibilities which shall be documented by the agency
using a form prescribed for such purpose by the Office of Management
and Enterprise Services.
E. The provisions of subsection A and subsection B of this
section shall not be applicable to the executive director or other
chief executive officers of an agency. Such positions shall be
subject to rules established by the agency on pay, bonuses and
raises pursuant to subsection C of this section.
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F. The provisions of subsection A and subsection B of this
section shall not be applicable to job positions or categories
requiring advanced degrees or licensing or accreditation including,
but not limited to, medical doctors, certified public accountants,
and professional engineers. Such positions shall not be subject to
the provisions of subsection A or subsection B of this section.
Such positions shall be subject to rules established by their
employing agency on pay, bonus and raises pursuant to subsection C
of this section.
G. The provisions of subsection A and subsection B of this
section shall not be applicable to wholly non-appropriated state
agencies or their employees. Wholly non-appropriated state agencies
shall not be subject to the rulemaking provisions of this section.
Such agencies shall remain subject to the pay movement mechanisms
listed in subsection B of Section 840-2.17 of Title 74 of the
Oklahoma Statutes. Salary increases or bonuses exceeding ten
percent (10%) received by any employee of an agency governed by this
subsection shall be documented by the agency on a form prescribed
for such purpose by the Office of Management and Enterprise
Services. At least one copy shall be retained by the agency
providing the salary increase or bonus and one copy shall be
retained by the Office of Management and Enterprise Services.
H. The provisions of subsection A and subsection B of this
section shall not be applicable to the employees of institutions
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within The Oklahoma State System of Higher Education, employees of
any career technology district or to employees of any common school
district. The provisions of subsection A and subsection B of this
section shall be applicable to employees of the Oklahoma State
Regents for Higher Education.
SECTION 2. This act shall become effective July 1, 2026.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval."
Passed the House of Representatives the 7th day of May, 2026.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2026.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 650 By: Paxton of the Senate
and
Harris of the House
An Act relating to public utilities; defining term;
requiring the governing body of a public utility to
adopt a plan for components of maintenance and
operation of public utilities; providing for contents
of plan; specifying process for notice; allowing for
public utilities to be in compliance upon approval of
plan; authorizing certain state agencies to verify
certain provisions of plan; preventing certain
recovery of damages under certain circumstances;
amending 51 O.S. 2021, Sections 152, as last amended
by Section 111, Chapter 452, O.S.L. 2024, 154, and
155, as amended by Section 21, Chapter 228, O.S.L.
2022 (51 O.S. Supp. 2024, Sections 152 and 155),
which relate to The Governmental Tort Claims Act;
defining term; increasing award amounts for certain
claims; specifying certain accidents and occurrences;
providing for the process and amounts awarded under
certain circumstances; expanding exemptions for
liability by the state or political subdivisions;
updating statutory references and language; making
language gender neutral; providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 37-235 of Title 11, unless there
is created a duplication in numbering, reads as follows:
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A. As used in this section, “public utility” means a
municipally owned utility or other publicly owned utility providing
sewage services through a sanitary sewer system.
B. The governing body of the public utility shall adopt a plan
that includes, but is not limited to, the following:
1. Mapping and recordkeeping of a sanitary sewer system for
maintenance and operation of the system;
2. A policy of inspections, cleaning, and root control of sewer
lines that contains the following elements:
a. an inspection program of sewer lines to determine
whether sewage flows are clear, moderately occluded,
or severely occluded,
b. a program of routine maintenance of sewer lines, and
c. a treatment program for sewer lines identified as
having blockages due to root infiltration, of which
the public utility has notice, with root control
through either mechanical or chemical treatments;
3. A policy of responding to calls for sanitary sewer overflows
(SSOs) to clear municipal sewer mains, flush with water and
deodorize the land upon which SSO has occurred, and remove SSO
debris from land upon which SSO has occurred;
4. Adoption of a “Fats, Oils, and Grease (FOG) Ordinance” that
makes unlawful the improper introduction of fats, oils, or grease
from nonresidential entities that are connected to the sanitary
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sewer system and incorporating pre-treatment regulations adopted by
the Department of Environmental Quality for such entities. Public
utilities shall periodically notify sanitary sewer system
participants and dischargers of the restrictions within this
paragraph;
5. Adoption of an ordinance requiring new construction or
remodels of existing buildings to be connected to the sanitary sewer
system, including the installation of a backflow prevention device
on the private service line connecting the structure to the sanitary
sewer main line;
6. Adoption of a policy that will notify private residential
property owners who are connected to the sanitary sewer system of
the option to provide additional personal protection through
installation of a backflow prevention system on the private service
line connecting the property to the sanitary sewer main line. At
the discretion of the governing body of the public utility, after
considering available funding, private residential property owners
connected to the sewer system may be offered public assistance with
installation and inspection of backflow prevention devices;
7. Adoption of a funding availability model that identifies:
a. the total revenue from ratepayers that can reasonably
be expected over a fiscal year,
b. other funding sources from municipal revenues that can
reasonably be expected to be contributed to the
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sanitary sewer system operations, maintenance, or
capital improvements,
c. external sources of funding from local, state,
federal, or tribal entities that could be available
for sanitary sewer system operations, maintenance, or
capital improvements, and
d. bonding capacities, whether revenue bonds or general
obligation bonds, that could be available for sanitary
sewer system operations, maintenance, or capital
improvements.
Funding availability models shall be reviewed at least every five
(5) years to include a rate study recommending reasonable rates for
those connected to the sanitary sewer system; and
8. Adoption of a five-year capital improvement plan that
considers dedication of funding available to:
a. repair or replace sanitary sewer lines that have been
identified as severely occluded,
b. repair or replace municipal sanitary sewer lift
stations necessary for the continued operation of the
system, and
c. access or purchase equipment for operation of the
municipal sanitary sewer system serving the citizens
of the municipality that are connected to the
municipal sanitary sewer system.
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C. Notification as described in paragraphs 4 and 6 of
subsection B of this section shall be satisfied by annual
publication in a newspaper of general circulation within the service
area of the public utility, publication on the public utility
sponsored website, or annual inserts in ratepayer monthly utility
bills. Nothing in this subsection shall be construed to prohibit a
public utility from making multiple notifications to ratepayers in
the one-year period.
D. Public utilities that implement policies prescribed in
subsection B of this section shall be considered in compliance with
the provisions of this section.
E. The Oklahoma Water Resources Board and other state agencies
that provide funding to public utilities for water and wastewater
improvements shall ensure that any ranking structure for approval of
applications for funding considers the sustainability efforts of
systems that adopted the plans identified in this statute.
F. There shall be no right of recovery for personal injury from
a sanitary sewer overflow, provided that the utility charged with
operation of the sanitary sewer system is working to maintain its
sanitary sewer system in accordance with the guidance and criteria
promulgated by the governing body pursuant to subsection B of this
section and any criteria or guidelines promulgated by a governmental
entity under an interlocal cooperative agreement pursuant to Section
1001 et seq. of Title 74 of the Oklahoma Statutes, as such
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components are determined by the governing body to be fiscally
achievable considering available revenue streams to the public
utility to fund the same. While those municipalities qualifying for
relief under this section shall be exempt from personal injury
damage claims of annoyance and inconvenience associated with a
sanitary sewer overflow that alleges a nuisance-based cause of
action, nothing herein shall otherwise prohibit a right of recovery
for property damages associated with a sanitary sewer overflow in
accordance with The Governmental Tort Claims Act.
SECTION 5. 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
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;
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4. “Claim” means any written demand presented by a claimant or
the claimant’s authorized representative in accordance with the 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
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;
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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
official notification from the U.S. Department of
Health and Human Services requiring resubmission of a
new application;
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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 C of Section 1-106 of Title 63 of
the Oklahoma Statutes but only insofar as
services authorized by and in conformity with the
terms of the contract and the requirements of
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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 12
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 Oklahoma State University
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 Oklahoma
State University 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
Oklahoma State University 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. “Occurrence” means a loss arising out of an accident or
event or a continuous or repeated exposure to substantially the same
general harmful conditions. All losses arising out of an accident
or event or a continuous or repeated exposure to substantially the
same general harmful conditions shall be deemed to have arisen out
of one occurrence;
12. “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,
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
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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
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,
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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
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,
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k. for purposes of The Governmental Tort Claims Act only,
an Emergency Services Provider emergency services
provider rendering services within the boundaries of a
Supplemental Emergency Services District pursuant to
an existing contract between the Emergency Services
Provider emergency services provider and the State
Department of Health. Provided, however, that the
acquisition of commercial liability insurance covering
the activities of such Emergency Services Provider
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 5040.1 of Title 74 of the
Oklahoma Statutes,
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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,
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 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
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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
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 The Governmental Tort Claims
Act,
and all their institutions, instrumentalities or agencies;
12. 13. “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. 14. “State” means the State of Oklahoma or any office,
department, agency, authority, commission, board, institution,
hospital, college, university, public trust created pursuant to
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Title 60 of the Oklahoma Statutes of which the State of Oklahoma is
the beneficiary, or other instrumentality thereof;
14. 15. “State active duty” shall be defined in accordance with
Section 801 of Title 44 of the Oklahoma Statutes;
15. 16. “State military forces” shall be defined in accordance
with Section 801 of Title 44 of the Oklahoma Statutes;
16. 17. “Title 32 active duty” shall be defined in accordance
with Section 801 of Title 44 of the Oklahoma Statutes; and
17. 18. “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 6. 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) Thirty-five
Thousand Dollars ($35,000.00) for any claim or to any claimant who
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has more than one claim for loss of property, including related
consequential damages, arising out of a single act, accident, or
occurrence;
2. For physical injury from a municipal overflow or backup,
Five Thousand Dollars ($5,000.00) per individual person occupying
the structure at the time of the occurrence not to exceed an
aggregate damage amount of Twenty Thousand Dollars ($20,000.00) per
occurrence regardless of the number of persons affected by the
occurrence;
3. For nuisance, annoyance, or inconvenience damages from a
municipal overflow or backup, Five Thousand Dollars ($5,000.00) per
individual person occupying the structure at the time of the
occurrence not to exceed an aggregate damage amount of Twenty
Thousand Dollars ($20,000.00) per occurrence regardless of the
number of persons affected by the occurrence;
4. Except as otherwise provided in this paragraph, One Hundred
Twenty-five Thousand Dollars ($125,000.00) 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) or more
according to the latest Federal Decennial Census, or a political
subdivision as defined in subparagraph s of paragraph 11 12 of
Section 152 of this title, shall not exceed One Hundred Seventy-five
Thousand Dollars ($175,000.00). Except however, the limits of the
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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). 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. 5. 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.
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
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.
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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
(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
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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
finds that retroactive application of this subsection is
unconstitutional, the prospective application of this subsection
shall remain valid.
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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 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
Thousand Dollars ($100,000.00).
F. The state or a political subdivision may petition the court
that all parties and actions arising out of a single accident or
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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. The liability of the state or political subdivision under
The Governmental Tort Claims Act shall be several from that of any
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 7. AMENDATORY 51 O.S. 2021, Section 155, as
amended by Section 21, Chapter 228, O.S.L. 2022 (51 O.S. Supp. 2024,
Section 155), is amended to read as follows:
Section 155. The state or a political subdivision shall not be
liable if a loss or claim results from:
1. Legislative functions;
2. Judicial, quasi-judicial, or prosecutorial functions, other
than claims for wrongful criminal felony conviction resulting in
imprisonment provided for in Section 154 of this title;
3. Execution or enforcement of the lawful orders of any court;
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4. Adoption or enforcement of or failure to adopt or enforce a
law, whether valid or invalid, including, but not limited to, any
statute, charter provision, ordinance, resolution, rule, regulation
or written policy;
5. Performance of or the failure to exercise or perform any act
or service which is in the discretion of the state or political
subdivision or its employees;
6. Civil disobedience, riot, insurrection or rebellion or the
failure to provide, or the method of providing, police, law
enforcement or fire protection;
7. Any claim based on the theory of attractive nuisance;
8. Snow or ice conditions or temporary or natural conditions on
any public way or other public place due to weather conditions,
unless the condition is affirmatively caused by the negligent act of
the state or a political subdivision;
9. Entry upon any property where that entry is expressly or
implied authorized by law;
10. Natural conditions of property of the state or political
subdivision;
11. Assessment or collection of taxes or special assessments,
license or registration fees, or other fees or charges imposed by
law;
12. Licensing powers or functions including, but not limited
to, the issuance, denial, suspension or revocation of or failure or
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refusal to issue, deny, suspend or revoke any permit, license,
certificate, approval, order or similar authority;
13. Inspection powers or functions, including failure to make
an inspection, review or approval, or making an inadequate or
negligent inspection, review or approval of any property, real or
personal, to determine whether the property complies with or
violates any law or contains a hazard to health or safety, or fails
to conform to a recognized standard;
14. Any loss to any person covered by any workers’ compensation
act or any employer’s liability act;
15. Absence, condition, location or malfunction of any traffic
or road sign, signal or warning device unless the absence,
condition, location or malfunction is not corrected by the state or
political subdivision responsible within a reasonable time after
actual or constructive notice or the removal or destruction of such
signs, signals or warning devices by third parties, action of
weather elements or as a result of traffic collision except on
failure of the state or political subdivision to correct the same
within a reasonable time after actual or constructive notice.
Nothing herein shall give rise to liability arising from the failure
of the state or any political subdivision to initially place any of
the above signs, signals or warning devices. The signs, signals and
warning devices referred to herein are those used in connection with
hazards normally connected with the use of roadways or public ways
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and do not apply to the duty to warn of special defects such as
excavations or roadway obstructions;
16. Any claim which is limited or barred by any other law;
17. Misrepresentation, if unintentional;
18. An act or omission of an independent contractor or
consultant or his or her employees, agents, subcontractors or
suppliers or of a person other than an employee of the state or
political subdivision at the time the act or omission occurred;
19. Theft by a third person of money in the custody of an
employee unless the loss was sustained because of the negligence or
wrongful act or omission of the employee;
20. Participation in or practice for any interscholastic or
other athletic contest sponsored or conducted by or on the property
of the state or a political subdivision;
21. Participation in any activity approved by a local board of
education and held within a building or on the grounds of the school
district served by that local board of education before or after
normal school hours or on weekends;
22. Use of indoor or outdoor school property and facilities
made available for public recreation before or after normal school
hours or on weekends or school vacations, except those claims
resulting from willful and wanton acts of negligence. For purposes
of this paragraph:
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a. “public” includes, but is not limited to, students
during nonschool hours and school staff when not
working as employees of the school, and
b. “recreation” means any indoor or outdoor physical
activity, either organized or unorganized, undertaken
for exercise, relaxation, diversion, sport or
pleasure, and that is not otherwise covered by
paragraph 20 or 21 of this section;
23. Any court-ordered, Department of Corrections or county
approved work release program; provided, however, this provision
shall not apply to claims from individuals not in the custody of the
Department of Corrections based on accidents involving motor
vehicles owned or operated by the Department of Corrections;
24. The activities of the state military forces when on state
active duty orders or on Title 32 active duty orders;
25. Provision, equipping, operation or maintenance of any
prison, jail or correctional facility, or injuries resulting from
the parole or escape of a prisoner or injuries by a prisoner to any
other prisoner; provided, however, this provision shall not apply to
claims from individuals not in the custody of the Department of
Corrections based on accidents involving motor vehicles owned or
operated by the Department of Corrections;
26. Provision, equipping, operation or maintenance of any
juvenile detention facility, or injuries resulting from the escape
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of a juvenile detainee, or injuries by a juvenile detainee to any
other juvenile detainee;
27. Any claim or action based on the theory of manufacturer’s
products liability or breach of warranty, either expressed or
implied;
28. Any claim or action based on the theory of indemnification
or subrogation; provided, however, a political subdivision as
defined in subparagraph s of paragraph 11 12 of Section 152 of this
title may enter into a contract with a contract operator or any
railroad operating in interstate commerce that sells a property
interest or provides services to a regional transportation
authority, or allows the regional transportation authority to use
the railroad’s property or tracks for the provision of public
passenger rail service, providing for the allocation of financial
responsibility, indemnification, or the procurement of insurance for
the parties for all types of claims or damages, provided that funds
have been appropriated to cover the resulting contractual obligation
at the time the contract is executed. The acquisition of commercial
liability insurance to cover the activities of the regional
transportation authority, contract operator or railroad shall not
operate as a waiver of any of the liabilities, immunities or
defenses provided for political subdivisions pursuant to the
provisions of The Governmental Tort Claims Act. A contract entered
into under this paragraph shall not affect rights of employees under
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the Federal Employers Employers’ Liability Act or the Federal
Railway Labor Act;
29. Any claim based upon an act or omission of an employee in
the placement of children;
30. Acts or omissions done in conformance with then current
recognized standards;
31. Maintenance of the state highway system or any portion
thereof unless the claimant presents evidence which establishes
either that the state failed to warn of the unsafe condition or that
the loss would not have occurred but for a negligent affirmative act
of the state;
32. Any confirmation of the existence or nonexistence of any
effective financing statement on file in the office Office of the
Secretary of State made in good faith by an employee of the office
Office of the Secretary of State as required by the provisions of
Section 1-9-320.6 of Title 12A of the Oklahoma Statutes;
33. Any court-ordered community sentence;
34. Remedial action and any subsequent related maintenance of
property pursuant to and in compliance with an authorized
environmental remediation program, order, or requirement of a
federal or state environmental agency;
35. The use of necessary and reasonable force by a school
district employee to control and discipline a student during the
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time the student is in attendance or in transit to and from the
school, or any other function authorized by the school district;
36. Actions taken in good faith by a school district employee
for the out-of-school suspension of a student pursuant to applicable
Oklahoma Statutes; or
37. Use of a public facility opened to the general public
during an emergency;
38. Flooding, backups, or stoppages of storm sewers or sanitary
sewers that are caused by unordinary rainfall events, considering
duration and intensity of the rainfall events, that result in flows
that exceed the design capacity of the sewer system;
39. Sanitary sewer overflows that have occurred on lines within
the sanitary sewer system where no report of a blockage, backup, or
overflow has been made to the political subdivision or utility
operator within the preceding three (3) years; or
40. A sanitary sewer overflow occurring on private property,
provided that the utility operator is in compliance with Section 1
of this act. This paragraph shall not apply to claims for loss of
property.
SECTION 8. This act shall become effective November 1, 2025.
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Passed the Senate the 25th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives