1|ENGROSSED SENATE |
|BILL NO. 261 By: Howard of the Senate |
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| and |
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| Kannady of the House |
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6| An Act relating to The Governmental Tort Claims Act; |
| amending 51 O.S. 2021, Section 152, as last amended |
7| by Section 18, Chapter 228, O.S.L. 2022 (51 O.S. |
| Supp. 2022, Section 152), which relates to |
8| definitions; modifying definition; and providing an |
| effective date. |
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11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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12| SECTION 1. AMENDATORY 51 O.S. 2021, Section 152, as last |
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13|amended by Section 18, Chapter 228, O.S.L. 2022 (51 O.S. Supp. 2022, |
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14|Section 152), is amended to read as follows: |
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15| Section 152. As used in The Governmental Tort Claims Act: |
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16| 1. "Action" means a proceeding in a court of competent |
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17|jurisdiction by which one party brings a suit against another; |
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18| 2. "Agency" means any board, commission, committee, department |
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19|or other instrumentality or entity designated to act in behalf of |
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20|the state or a political subdivision; |
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21| 3. "Charitable health care provider" means a person who is |
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22|licensed, certified, or otherwise authorized by the laws of this |
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23|state to administer health care in the ordinary course of business |
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24|or the practice of a profession and who provides care to a medically |
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1|indigent person, as defined in paragraph 9 of this section, with no |
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2|expectation of or acceptance of compensation of any kind; |
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3| 4. "Claim" means any written demand presented by a claimant or |
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4|the claimant's authorized representative in accordance with the |
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5|Governmental Tort Claims Act to recover money from the state or |
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6|political subdivision as compensation for an act or omission of a |
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7|political subdivision or the state or an employee; |
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8| 5. "Claimant" means the person or the person's authorized |
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9|representative who files notice of a claim in accordance with The |
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10|Governmental Tort Claims Act. Only the following persons and no |
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11|others may be claimants: |
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12| a. any person holding an interest in real or personal |
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13| property which suffers a loss, provided that the claim |
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14| of the person shall be aggregated with claims of all |
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15| other persons holding an interest in the property and |
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16| the claims of all other persons which are derivative |
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17| of the loss, and that multiple claimants shall be |
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18| considered a single claimant, |
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19| b. the individual actually involved in the accident or |
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20| occurrence who suffers a loss, provided that the |
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21| individual shall aggregate in the claim the losses of |
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22| all other persons which are derivative of the loss, or |
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1| c. in the case of death, an administrator, special |
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2| administrator or a personal representative who shall |
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3| aggregate in the claim all losses of all persons which |
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4| are derivative of the death; |
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5| 6. "Community health care provider" means: |
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6| a. a health care provider who volunteers services at a |
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7| community health center that has been deemed by the |
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8| U.S. Department of Health and Human Services as a |
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9| federally qualified health center as defined by 42 |
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10| U.S.C., Section 1396d(l)(2)(B), |
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11| b. a health provider who provides services to an |
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12| organization that has been deemed a federally |
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13| qualified look-alike community health center, and |
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14| c. a health care provider who provides services to a |
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15| community health center that has made application to |
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16| the U.S. Department of Health and Human Services for |
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17| approval and deeming as a federally qualified |
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18| look-alike community health center in compliance with |
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19| federal application guidance, and has received |
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20| comments from the U.S. Department of Health and Human |
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21| Services as to the status of such application with the |
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22| established intent of resubmitting a modified |
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23| application, or, if denied, a new application, no |
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24| later than six (6) months from the date of the |
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1| official notification from the U.S. Department of |
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2| Health and Human Services requiring resubmission of a |
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3| new application; |
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4| 7. "Employee" means any person who is authorized to act in |
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5|behalf of a political subdivision or the state whether that person |
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6|is acting on a permanent or temporary basis, with or without being |
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7|compensated or on a full-time or part-time basis. |
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8| a. Employee also includes: |
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9| (1) all elected or appointed officers, members of |
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10| governing bodies and other persons designated to |
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11| act for an agency or political subdivision, but |
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12| the term does not mean a person or other legal |
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13| entity while acting in the capacity of an |
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14| independent contractor or an employee of an |
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15| independent contractor, |
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16| (2) from September 1, 1991, through June 30, 1996, |
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17| licensed physicians, licensed osteopathic |
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18| physicians and certified nurse-midwives providing |
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19| prenatal, delivery or infant care services to |
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20| State Department of Health clients pursuant to a |
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21| contract entered into with the State Department |
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22| of Health in accordance with paragraph 3 of |
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23| subsection B of Section 1-106 of Title 63 of the |
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24| Oklahoma Statutes but only insofar as services |
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1| authorized by and in conformity with the terms of |
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2| the contract and the requirements of Section |
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3| 1-233 of Title 63 of the Oklahoma Statutes, and |
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4| (3) any volunteer, full-time or part-time firefighter |
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5| when performing duties for a fire department |
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6| provided for in subparagraph j of paragraph 11 of |
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7| this section. |
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8| b. For the purpose of The Governmental Tort Claims Act, |
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9| the following are employees of this state, regardless |
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10| of the place in this state where duties as employees |
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11| are performed: |
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12| (1) physicians acting in an administrative capacity, |
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13| (2) resident physicians and resident interns |
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14| participating in a graduate medical education |
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15| program of the University of Oklahoma Health |
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16| Sciences Center, the College of Osteopathic |
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17| Medicine of Oklahoma State University, or the |
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18| Department of Mental Health and Substance Abuse |
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19| Services, |
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20| (3) faculty members and staff of the University of |
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21| Oklahoma Health Sciences Center and the College |
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22| of Osteopathic Medicine of Oklahoma State |
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23| University, while engaged in teaching duties, |
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1| (4) physicians who practice medicine or act in an |
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2| administrative capacity as an employee of an |
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3| agency of the State of Oklahoma, |
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4| (5) physicians who provide medical care to inmates |
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5| pursuant to a contract with the Department of |
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6| Corrections, |
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7| (6) any person who is licensed to practice medicine |
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8| pursuant to Title 59 of the Oklahoma Statutes, |
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9| who is under an administrative professional |
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10| services contract with the Oklahoma Health Care |
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11| Authority under the auspices of the Oklahoma |
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12| Health Care Authority Chief Medical Officer, and |
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13| who is limited to performing administrative |
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14| duties such as professional guidance for medical |
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15| reviews, reimbursement rates, service |
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16| utilization, health care delivery and benefit |
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17| design for the Oklahoma Health Care Authority, |
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18| only while acting within the scope of such |
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19| contract, |
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20| (7) licensed medical professionals under contract |
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21| with city, county, or state entities who provide |
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22| medical care to inmates or detainees in the |
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23| custody or control of law enforcement agencies, |
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1| (8) licensed mental health professionals as defined |
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2| in Sections 1-103 and 5-502 of Title 43A of the |
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3| Oklahoma Statutes, who are conducting initial |
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4| examinations of individuals for the purpose of |
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5| determining whether an individual meets the |
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6| criteria for emergency detention as part of a |
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7| contract with the Department of Mental Health and |
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8| Substance Abuse Services, and |
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9| (9) licensed mental health professionals as defined |
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10| in Sections 1-103 and 5-502 of Title 43A of the |
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11| Oklahoma Statutes, who are providing mental |
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12| health or substance abuse treatment services |
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13| under a professional services contract with the |
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14| Department of Mental Health and Substance Abuse |
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15| Services and are providing such treatment |
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16| services at a state-operated facility. |
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17| Physician faculty members and staff of the University |
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18| of Oklahoma Health Sciences Center and the College of |
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19| Osteopathic Medicine of Oklahoma State University not |
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20| acting in an administrative capacity or engaged in |
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21| teaching duties are not employees or agents of the |
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22| state. |
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23| c. Except as provided in subparagraph b of this |
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24| paragraph, in no event shall the state be held liable |
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1| for the tortious conduct of any physician, resident |
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2| physician or intern while practicing medicine or |
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3| providing medical treatment to patients. |
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4| d. For purposes of The Governmental Tort Claims Act, |
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5| members of the state military forces on state active |
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6| duty orders or on Title 32 active duty orders are |
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7| employees of this state, regardless of the place, |
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8| within or outside this state, where their duties as |
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9| employees are performed; |
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10| 8. "Loss" means death or injury to the body or rights of a |
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11|person or damage to real or personal property or rights therein; |
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12| 9. "Medically indigent" means a person requiring medically |
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13|necessary hospital or other health care services for the person or |
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14|the dependents of the person who has no public or private |
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15|third-party coverage, and whose personal resources are insufficient |
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16|to provide for needed health care; |
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17| 10. "Municipality" means any incorporated city or town, and all |
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18|institutions, agencies or instrumentalities of a municipality; |
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19| 11. "Political subdivision" means: |
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20| a. a municipality, |
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21| b. a school district, including, but not limited to, a |
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22| technology center school district established pursuant |
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23| to Section 4410, 4411, 4420 or 4420.1 of Title 70 of |
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1| the Oklahoma Statutes, or a public library as defined |
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2| pursuant to Section 1-104 of Title 65 of the Oklahoma |
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3| Statutes, |
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4| c. a county, |
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5| d. a public trust where the sole beneficiary or |
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6| beneficiaries are a city, town, school district or |
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7| county. For purposes of The Governmental Tort Claims |
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8| Act, a public trust shall include: |
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9| (1) a municipal hospital created pursuant to Sections |
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10| 30-101 through 30-109 of Title 11 of the Oklahoma |
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11| Statutes, a county hospital created pursuant to |
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12| Sections 781 through 796 of Title 19 of the |
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13| Oklahoma Statutes, or is created pursuant to a |
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14| joint agreement between such governing |
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15| authorities, that is operated for the public |
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16| benefit by a public trust created pursuant to |
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17| Sections 176 through 180.4 of Title 60 of the |
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18| Oklahoma Statutes and managed by a governing |
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19| board appointed or elected by the municipality, |
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20| county, or both, who exercises control of the |
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21| hospital, subject to the approval of the |
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22| governing body of the municipality, county, or |
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23| both, |
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1| (2) a public trust created pursuant to Sections 176 |
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2| through 180.4 of Title 60 of the Oklahoma |
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3| Statutes after January 1, 2009, the primary |
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4| purpose of which is to own, manage, or operate a |
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5| public acute care hospital in this state that |
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6| serves as a teaching hospital for a medical |
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7| residency program provided by a college of |
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8| osteopathic medicine and provides care to |
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9| indigent persons, and |
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10| (3) a corporation in which all of the capital stock |
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11| is owned, or a limited liability company in which |
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12| all of the member interest is owned, by a public |
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13| trust, |
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14| e. for the purposes of The Governmental Tort Claims Act |
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15| only, a housing authority created pursuant to the |
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16| provisions of the Oklahoma Housing Authority Act, |
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17| f. for the purposes of The Governmental Tort Claims Act |
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18| only, corporations organized not for profit pursuant |
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19| to the provisions of the Oklahoma General Corporation |
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20| Act for the primary purpose of developing and |
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21| providing rural water supply and sewage disposal |
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22| facilities to serve rural residents, |
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1| g. for the purposes of The Governmental Tort Claims Act |
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2| only, districts formed pursuant to the Rural Water, |
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3| Sewer, Gas and Solid Waste Management Districts Act, |
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4| h. for the purposes of The Governmental Tort Claims Act |
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5| only, master conservancy districts formed pursuant to |
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6| the Conservancy Act of Oklahoma, |
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7| i. for the purposes of The Governmental Tort Claims Act |
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8| only, a fire protection district created pursuant to |
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9| the provisions of Section 901.1 et seq. of Title 19 of |
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10| the Oklahoma Statutes, |
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11| j. for the purposes of The Governmental Tort Claims Act |
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12| only, a benevolent or charitable corporate volunteer |
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13| or full-time fire department for an unincorporated |
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14| area created pursuant to the provisions of Section 592 |
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15| et seq. of Title 18 of the Oklahoma Statutes, |
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16| k. for purposes of The Governmental Tort Claims Act only, |
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17| an Emergency Services Provider rendering services |
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18| within the boundaries of a Supplemental Emergency |
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19| Services District pursuant to an existing contract |
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20| between the Emergency Services Provider and the State |
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21| Department of Health. Provided, however, that the |
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22| acquisition of commercial liability insurance covering |
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23| the activities of such Emergency Services Provider |
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24| performed within the State of Oklahoma shall not |
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1| operate as a waiver of any of the limitations, |
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2| immunities or defenses provided for political |
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3| subdivisions pursuant to the terms of The Governmental |
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4| Tort Claims Act, |
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5| l. for purposes of The Governmental Tort Claims Act only, |
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6| a conservation district created pursuant to the |
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7| provisions of the Conservation District Act, |
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8| m. for purposes of The Governmental Tort Claims Act, |
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9| districts formed pursuant to the Oklahoma Irrigation |
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10| District Act, |
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11| n. for purposes of The Governmental Tort Claims Act only, |
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12| any community action agency established pursuant to |
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13| Sections 5035 through 5040 of Title 74 of the Oklahoma |
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14| Statutes, |
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15| o. for purposes of The Governmental Tort Claims Act only, |
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16| any organization that is designated as a youth |
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17| services agency, pursuant to Section 2-7-306 of Title |
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18| 10A of the Oklahoma Statutes, |
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19| p. for purposes of The Governmental Tort Claims Act only, |
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20| any judge presiding over a drug court, as defined by |
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21| Section 471.1 of Title 22 of the Oklahoma Statutes, |
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22| q. for purposes of The Governmental Tort Claims Act only, |
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23| any child-placing agency licensed by this state to |
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24| place children in foster family homes, |
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1| r. for purposes of The Governmental Tort Claims Act only, |
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2| a circuit engineering district created pursuant to |
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3| Section 687.1 of Title 69 of the Oklahoma Statutes, |
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4| s. for purposes of the Governmental Tort Claims Act only, |
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5| a substate planning district, regional council of |
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6| government or other entity created pursuant to Section |
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7| 1001 et seq. of Title 74 of the Oklahoma Statutes, and |
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8| t. for purposes of The Governmental Tort Claims Act only, |
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9| a regional transportation authority created pursuant |
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10| to Section 1370.7 of Title 68 of the Oklahoma Statutes |
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11| including its contract operator and any railroad |
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12| operating in interstate commerce that sells a property |
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13| interest or provides services to a regional |
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14| transportation authority or allows the authority to |
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15| use the property or tracks of the railroad for the |
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16| provision of public passenger rail service to the |
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17| extent claims against the contract operator or |
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18| railroad arise out of or are related to or in |
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19| connection with such property interest, services or |
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20| operation of the public passenger rail service. |
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21| Provided, the acquisition of commercial liability |
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22| insurance to cover the activities of the regional |
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23| transportation authority, contract operator or |
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24| railroad shall not operate as a waiver of any |
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1| liabilities, immunities or defenses provided pursuant |
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2| to the provisions of the Governmental Tort Claims Act, |
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3|and all their institutions, instrumentalities or agencies; |
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4| 12. "Scope of employment" means performance by an employee |
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5|acting in good faith within the duties of the employee's office or |
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6|employment or of tasks lawfully assigned by a competent authority |
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7|including the operation or use of an agency vehicle or equipment |
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8|with actual or implied consent of the supervisor of the employee, |
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9|but shall not include corruption or fraud; |
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10| 13. "State" means the State of Oklahoma or any office, |
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11|department, agency, authority, commission, board, institution, |
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12|hospital, college, university, public trust created pursuant to |
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13|Title 60 of the Oklahoma Statutes of which the State of Oklahoma is |
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14|the beneficiary, or other instrumentality thereof; |
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15| 14. "State active duty" shall be defined in accordance with |
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16|Section 801 of Title 44 of the Oklahoma Statutes; |
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17| 15. "State military forces" shall be defined in accordance with |
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18|Section 801 of Title 44 of the Oklahoma Statutes; |
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19| 16. "Title 32 active duty" shall be defined in accordance with |
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20|Section 801 of Title 44 of the Oklahoma Statutes; and |
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21| 17. "Tort" means a legal wrong, independent of contract, |
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22|involving violation of a duty imposed by general law, statute, the |
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23|Constitution of the State of Oklahoma, or otherwise, resulting in a |
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24|loss to any person, association or corporation as the proximate |
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1|result of an act or omission of a political subdivision or the state |
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2|or an employee acting within the scope of employment. |
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3| SECTION 2. This act shall become effective November 1, 2023. |
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4| Passed the Senate the 22nd day of February, 2023. |
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| Presiding Officer of the Senate |
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8| Passed the House of Representatives the ____ day of __________, |
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9|2023. |
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| Presiding Officer of the House |
12| of Representatives |
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