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Bill > SB1069


OK SB1069

OK SB1069
The Governmental Tort Claims Act; requiring award of certain costs and fees for prevailing plaintiff; authorizing award of certain fees to defendant; providing for liability for exempted acts upon certain findings by court. Effective date.


summary

Introduced
02/03/2025
In Committee
02/04/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

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, 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 definitions, extent of liability, and exceptions from liability; modifying definitions; requiring award of certain costs and fees for prevailing plaintiff; authorizing award of certain fees to defendant under certain circumstances; providing for liability for exempted acts upon certain findings by court; and providing an effective date.

AI Summary

This bill amends the Governmental Tort Claims Act to modify several key provisions related to government liability. The bill changes the definition of "scope of employment" to exclude corruption, fraud, gross negligence, and willful misconduct, and adds provisions for awarding court costs and attorney fees. Specifically, the bill requires courts to award costs and reasonable attorney and expert witness fees to a prevailing plaintiff in tort claims against the government, and allows courts to award fees to a defendant (up to $25,000) if the plaintiff's claim was determined to have no reasonable basis. The bill also modifies the conditions under which the state or political subdivisions can be held liable for certain actions, allowing for potential liability in cases of corruption, fraud, gross negligence, or willful misconduct where previously they would have been completely exempt. The liability limits for claims remain largely unchanged, with caps of $25,000 for property loss, $125,000-$175,000 for other losses depending on the jurisdiction, and a maximum of $1 million for multiple claims arising from a single occurrence. The bill is set to become effective on November 1, 2025, and aims to provide more balanced and nuanced guidelines for tort claims against governmental entities.

Committee Categories

Justice

Sponsors (1)

Last Action

Second Reading referred to Judiciary (on 02/04/2025)

bill text


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