Oklahoma 2026 Regular Session Status: In Committee 2 R cosponsors

SB 213 — Governmental Tort Claims Act; increasing limits on liability for certain claims. Effective date.

Last action — Coauthored by Representative Harris (principal House author)

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced February 03, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

554 added · 526 removed

Plain-language change summary

The updated version of SB 213 includes significant changes to the definitions related to governmental liability claims in Oklahoma. It adjusts the liability limits for certain claims, specifically increasing the maximum amount that can be claimed from the government for losses. This matters because it could provide greater financial relief to individuals and entities who are harmed and need to seek compensation from the state or local governments, making the system more responsive to their needs. Additionally, it modernizes legal language and references to ensure clarity and relevance in the law.

→
Previous
Latest
STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) COMMITTEE SUBSTITUTE FOR SENATE BILL 213 By:
SENATE FLOOR VERSION February 25, 2025 3 COMMITTEE SUBSTITUTE FOR SENATE BILL NO.
Howard 6 COMMITTEE SUBSTITUTE An Act relating to The Governmental Tort Claims Act;
213 By:
Howard 6 An Act relating to The Governmental Tort Claims Act;
Req.
3.
No.
“Charitable health care provider” means a person who is licensed, certified, or otherwise authorized by the laws of this SENATE FLOOR VERSION - SB213 SFLR Page 1 (Bold face denotes Committee Amendments) 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;
1769 Page 1 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;
the individual actually involved in the accident or occurrence who suffers a loss, provided that the Req.
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 SENATE FLOOR VERSION - SB213 SFLR Page 2 (Bold face denotes Committee Amendments) c.
No.
1769 Page 2 individual shall aggregate in the claim the losses of all other persons which are derivative of the loss, or c.
Department of Health and Human Services as to the status of such application with the established intent of resubmitting a modified Req.
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 SENATE FLOOR VERSION - SB213 SFLR Page 3 (Bold face denotes Committee Amendments) official notification from the U.S.
No.
1769 Page 3 application, or, if denied, a new application, no later than six (6) months from the date of the official notification from the U.S.
(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 Req.
(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 SENATE FLOOR VERSION - SB213 SFLR Page 4 (Bold face denotes Committee Amendments) 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.
No.
1769 Page 4 subsection B 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 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.
(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 Req.
(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, SENATE FLOOR VERSION - SB213 SFLR Page 5 (Bold face denotes Committee Amendments) (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, SENATE FLOOR VERSION - SB213 SFLR Page 6 (Bold face denotes Committee Amendments) (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.
No.
1769 Page 5 of Osteopathic Medicine of Oklahoma State University, while engaged in teaching duties, (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 Req.
No.
1769 Page 6 medical care to inmates or detainees in the custody or control of law enforcement agencies, (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.
Req.
c.
No.
For the purposes of The Governmental Tort Claims Act, employee shall include independent contractors and SENATE FLOOR VERSION - SB213 SFLR Page 7 (Bold face denotes Committee Amendments) 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.
1769 Page 7 c.
For the purposes of The Governmental Tort Claims Act, employee shall include independent contractors and 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.
“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- Req.
“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;
No.
SENATE FLOOR VERSION - SB213 SFLR Page 8 (Bold face denotes Committee Amendments) 10.
1769 Page 8 party coverage, and whose personal resources are insufficient to provide for needed health care;
10.
(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 Req.
(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 SENATE FLOOR VERSION - SB213 SFLR Page 9 (Bold face denotes Committee Amendments) 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.
No.
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.
1769 Page 9 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, e.
for the purposes of The Governmental Tort Claims Act only, corporations organized not for profit pursuant SENATE FLOOR VERSION - SB213 SFLR Page 10 (Bold face denotes Committee Amendments) 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, a housing authority created pursuant to the provisions of the Oklahoma Housing Authorities Act, Req.
No.
1769 Page 10 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 purposes of The Governmental Tort Claims Act only, an Emergency Services Provider rendering services within the boundaries of a Supplemental Emergency Req.
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 SENATE FLOOR VERSION - SB213 SFLR Page 11 (Bold face denotes Committee Amendments) Department of Health.
No.
1769 Page 11 Services District pursuant to an existing contract between the Emergency Services Provider and the State Department of Health.
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, Req.
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.
Show all 80 changed rows (40 more)
Previous
Latest
No.
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, SENATE FLOOR VERSION - SB213 SFLR Page 12 (Bold face denotes Committee Amendments) q.
1769 Page 12 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, 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 Req.
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.
No.
Provided, the acquisition of commercial liability SENATE FLOOR VERSION - SB213 SFLR Page 13 (Bold face denotes Committee Amendments) 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.
1769 Page 13 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 Governmental Tort Claims Act, and u.
“State” means the State of Oklahoma or any office, department, agency, authority, commission, board, institution, Req.
“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;
No.
SENATE FLOOR VERSION - SB213 SFLR Page 14 (Bold face denotes Committee Amendments) 14.
1769 Page 14 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;
14.
Req.
1.
No.
1769 Page 15 1.
2.
SENATE FLOOR VERSION - SB213 SFLR Page 15 (Bold face denotes Committee Amendments) 2.
The limit of liability for the state or any city or county with a population of three hundred thousand (300,000) one hundred fifty Req.
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 SENATE FLOOR VERSION - SB213 SFLR Page 16 (Bold face denotes Committee Amendments) Seventy-five Thousand Dollars ($375,000.00).
No.
1769 Page 16 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 Seventy-five Thousand Dollars ($375,000.00).
Req.
B.
No.
1769 Page 17 B.
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.
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 SENATE FLOOR VERSION - SB213 SFLR Page 17 (Bold face denotes Committee Amendments) absolving the claimant of guilt on the basis of actual innocence of the crime for which the claimant was sentenced.
(1) in the case of a pardon, a determination was made by either the Pardon and Parole Board or the Req.
(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 SENATE FLOOR VERSION - SB213 SFLR Page 18 (Bold face denotes Committee Amendments) (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.
No.
1769 Page 18 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 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.
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 Req.
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).
No.
1769 Page 19 resulting in imprisonment shall not exceed One Hundred Seventy-five Thousand Dollars ($175,000.00).
If a court of competent jurisdiction finds that retroactive application of this subsection is unconstitutional, the prospective application of this subsection shall remain valid.
If a court of competent jurisdiction SENATE FLOOR VERSION - SB213 SFLR Page 19 (Bold face denotes Committee Amendments) finds that retroactive application of this subsection is unconstitutional, the prospective application of this subsection shall remain valid.
Req.
E.
No.
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 SENATE FLOOR VERSION - SB213 SFLR Page 20 (Bold face denotes Committee Amendments) Thousand Dollars ($100,000.00) One Hundred Fifty Thousand Dollars ($150,000.00).
1769 Page 20 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) One Hundred Fifty Thousand Dollars ($150,000.00).
The state Req.
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.
No.
1769 Page 21 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.
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.
The liability of the state or political subdivision under The Governmental Tort Claims Act shall be several from that of any SENATE FLOOR VERSION - SB213 SFLR Page 21 (Bold face denotes Committee Amendments) 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.
60-1-1769 TEK 2/25/2025 5:14:58 PM Req.
COMMITTEE REPORT BY:
No.
COMMITTEE ON JUDICIARY February 25, 2025 - DO PASS AS AMENDED BY CS SENATE FLOOR VERSION - SB213 SFLR Page 22 (Bold face denotes Committee Amendments)
1769 Page 22
⬇ Download PDF
View plain text versions (3)

Amendments

1 amendment

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Coauthored by Representative Harris (principal House author)

  2. Placed on General Order

  3. Reported Do Pass, amended by committee substitute Judiciary committee; CR filed

  4. Second Reading referred to Judiciary

  5. Authored by Senator Howard

  6. First Reading

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 0 co-sponsors · 149 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety finance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 213?
SB 213 is sponsored by Brent Howard (Republican) and Erick Harris (Republican).
What is the current status of SB 213?
This bill is in committee in the Senate. Introduced February 03, 2025. It must pass committee before a floor vote.
Where can I track SB 213?
Track SB 213 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 213

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 213

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →