This legislation can be argued to be only procedural in nature and would be applicable to all actions regardless of the stage the proceeding. Much has been written by authors and courts on this subject, and applicable rules continue to evolve. §. Minnesota Statutes, section 645.21, contains the specific statutory rule on retroactivity: No law shall be construed to be retroactive unless clearly and manifestly so intended by the legislature. View Notes - Retroactive Application Of Laws Or Statutes.docx from LAW 100 at Mindanao State University - Iligan Institute of Technology. Application of the remedial-substantive distinction is difficult because of the elusive nature of these concepts. RETROACTIVE APPLICATION OF STATE LONG-ARM STATUTES Dane Reed Ullian* ** Abstract A precondition to a court’s ex ercising any measure of authority over an individual or an entity is the court’s establishment of personal jurisdicti on. The remaining bills enacted under the guise of “tort reform” seem to be more procedural in nature and may be applied retroactively. 500 Colocord DriveOklahoma City, OK  73102Phone:  405.236.5400Fax:  405.236.5499Mon – Fri:  8:00 AM – 5:00 PM. Co. v. Hankins, 1980 OK 66, ¶ 1, 610 P.2d 785, 785. The Court said the “general rule is that statutes are to be construed to have only prospective operation unless the purpose and intent of the legislature to give them a retrospective effect is expressly declared or implied from the language used.”13 The Court determined that the amendment was not purely procedural but conferred a right to recovery that was not available prior to the enactment.14, MFA Insurance Company v. Hankins, deals with the ability to apply a statute retroactively. 10 Nantz v. Nantz, 1988 OK 9, ¶8, 749 P.2d 1137,1143 ( Opala, J. The Legislature may enact legislation which has retroactive or prospective effect. 22. A court may exercise … In criminal law, statutes which would increase penalties or make activities which had been previously legal criminal are prohibited by the Constitutional ban on ex post facto laws. Retroactive Application Of Laws Or Statutes As a general The courts are usually more inclined to allow a retroactive law change when an ambiguous statute was amended by the Legislature. 8 Barry v. Board of Com’rs of Tulsa County, 1935OK 701, ¶8, 49 P.2d 548,550. However, even if a statute is deemed substantive in nature, it may be still applied to a declaration if the statute in question contains language that clearly expresses the legislature’s intent that it is to apply retroactively or that the statute is remedial in nature and designed to clarify existing law. Before 1975, the wrongful death statutes provided only pecuniary loss for the death of a child. However, a statute or administrative regulation cannot be conferred retroactive effect just because the statute or regulation applies to prior conduct. 25 Thomas v. Cumberland Operating Co., 1977 OK 164, ¶10, 569 P.2d 974, 977; see also, Majors, 1992 OK at ¶ 8, 832 P.2d 421. 16 MFA Ins. The Ohio Supreme Court recently noted: 5 §54, Okla. Const. [viii] The federal APA prohibits retroactive application of rules on past actions because that alters the consequences of those actions after the fact. ________________________________________ “[A] statute’s retroactivity is, in the first instance, a policy determination for the Legislature and one to which courts defer absent ‘some constitutional objection’ to retroactivity.” Myers, 28 Cal.4th at p. 841, 123. 12 Phillips v. H.A. In the case of regulations that clarify or codify an existing rule, retroactive application is allowed. The content within these pages should not be viewed as legal advice. House Bill 2128 amends 23 O.S. 22. 3Corpus Juris Civilis, Digest, 50, 17, 75. § 577.4 which changes the Oklahoma Uniform Jury Instructions. Therefore, the application of this new penalty on Swallow would likely be litigated and ultimately determined by a court. Has the Supreme Court rendered a final decision? 14 Phillips v. H.A. Your use of this website, including sending a message or calling us from our contact form, does not create or constitute an attorney/client relationship with us. retroactive law may alter pre-existing legal arrangements beginning with the effective date of the new law, or it may relate back to the original date of creation of legal relationships arising under prior law. Based upon recent decisions by the California Supreme Court, the general rule in this state is that, if the Legislature clearly indicated its intent that an amendment to a statute is to be applied retroactively, then a court generally must honor that intent unless there is a constitutional objection to doing so. Thereafter, Hankins notified his insurance company that he would be seeking underinsured motorist coverage under his policy.16 After the insurance company intervened in the original suit, Hankins argued that the change to the Uninsured Motorist Statue was applicable retrospectively to provide coverage in excess of the original tortfeasor’s liability limits.17 The Court held that since the 1976 amendments increased the damages covered by uninsured motorist protection, it affected the substantive rights of litigants and could not be applied retroactively.18 In doing so the court cited with approval the analysis contained in the Thomas decision.19. Retroactive (or retrospective) laws are not favored and, unless it is expressly stated, it is usually presumed that legislation is not intended to apply retroactively. 1483. 13 Phillips v. H.A. Hankins sued for personal injury as result of a one-vehicle car wreck that occurred on April 24, 1974.15 On March 16, 1976, the Legislature amended the Uninsured Motorist Statute, 36 O.S. In Phillips v. H.A. 15 MFA Ins. Both of these statutes attempt to limit the amount that a plaintiff may recover. The question was whether this new statute would apply to a death which occurred before the statute’s effective date. The “default” rule on retroactive application of statutes is that statutes apply prospectively only. However, one could certainly argue that, before the statute’s effective date, the injured plaintiff had a right to recover all damages due at once and not merely a right to receive damages over time. Co. v. Hankins, 1980 OK 66,¶ 7, 610 P.2d 785, 787. 18 MFA Ins. Today, more and more statutes enacted by the legislative authorities have a retroactive effect. This constitutional provision also raises a question of when a claim is said to “accrue” for purposes of barring retroactive application of a statute. In an eight-to-one decision, the U.S. Supreme Court approved of the retroactive application of revocation-on-divorce statutes—laws that revoke beneficiary designations and other dispositions to a spouse automatically when a couple divorces. The California Supreme Court has made the statement that “where a statute provides that it clarifies or declares existing law, ‘[i]t is obvious that such a provision is indicative of a legislative intent that the amendment applies to all existing causes of action from the date of its enactment. . This would seem to make it substantive. §. Your email address will not be published. 4th 1428, 1439. In the case before him, he held that the retroactive application … Since the characteristics of the judicial process make almost inevitable 3 the retroactive application (Internal Quotations omitted). Did the Legislature enact the change in law promptly after the adverse court decision? Retroactive application of statutes The rule in Wisconsin is that procedural statutes are to be applied retroactively and substantive statutes are to be applied prospectively. If the statue creates, enlarges or diminishes vested or contractual rights then it applies prospectively absent clear legislative intent. Plaintiff wife and defendant husband were married in November 1945 and Id. 21 Thomas v. Cumberland Operating Co., 1977 OK 164, ¶4, 569 P.2d 974, 975. In this case, the question will be whether the legislature expressly stated that the Act is to be applied retroactively or only prospectively. Given the legal precedent in Utah for retroactive laws, Mr. In most instances, the legislative change needs to be made within a few months of the court decision. This being the case, the retroactive amendment of statutes of limitation to the detriment of the offender also is forbidden with respect to prescription periods that have not yet expired.” 2 5. In this regard, the court basically asks, did the Legislature make a clear intent to apply the amendment retroactively? 3 Cole v. Silverado Foods, Inc., 2003 OK 81, ¶1, 78 P.3d 542, 544. "Retroactivity in the context of the statute consists application of new rule of law to an act or transaction which has been completed before the Rule was promulgated." retroactive application of the new Act is to determine whether a legislative expression directs its application. Comment document.getElementById("comment").setAttribute( "id", "a25f9c791ac6be3db2f2ac9d3cf994eb" );document.getElementById("f4c1b68c6d").setAttribute( "id", "comment" ); Chris Micheli is a lobbyist with Aprea & Micheli, as well as an Adjunct Professor of Law at the University of the Pacific McGeorge School of Law. In Lanier’s terms, the existence of settled in-circuit precedent holding a defendant’s conduct to be lawful would appear to mean it was not After examining the problem of retroactivity in the context of civil statutory law, the Note concludes that courts and com-mentators have suggested a more meaningful analysis that North Carolina courts should adopt. 1055, providing for non-pecuniary damages -“ . In Usery v. Turner Elkhorn Mining Co., 428 U.S. 1 (1976), the Supreme Court rejected the notion that “what Congress can legislate prospectively it 1 Art. This language would seem to encompass claims that arise before November 1, 2011 but are not filed until on or after that date. Otherwise, the Legislature can only make a prospective change in the law. PDF. In 1975, the Legislature enacted 12 O.S. Retroactive Application of State Long-Arm Statutes . The ALJ said that there was no hard and fast rule as to the period of time that a statute could be made retroactive and that the decision should be based on the taxpayer’s unique circumstances. 2023, and adds a provision pertaining to the petition in class actions. Marr Grocery Co., 1956 OK 104, ¶ 11, 295 P.2d 765, 767. Under appropriate circumstances, courts may deny the retroactive application of procedural laws in the event that to do so would not be feasible or would work injustice. In Utah, the courts follow the … If the bill enacts a change in the law, then the court looks to determine whether the Legislature intended for the law change to be applied retroactively. See Barfell, ¶ 8, citing Trinity Petroleum, Inc., 302 Wis. 2d 299, ¶ 40. Is there some amount of ambiguity in the statute that was amended? §61.2, and limits the amount of recovery for a cause of action based on bodily injury to Three Hundred Fifty Thousand Dollars ($350,000.00), while House Bill 2023 enacts 12 O.S. By: Travis Law Office. § 7-601. Retroactive Application of California’s Life Insurance Notification Statutes. Quarry v. Doe I (2012) 53 Cal.4th 945, 955. “The presumption against statutory retroactivity has consistently been explained by reference to the unfairness of imposing new burdens on persons after the fact.” Landgraf, at p. 270, 114 S.Ct. 23 Thomas v. Cumberland Operating Co., 1977 OK 164, ¶4, 569 P.2d 974, 975. They bar retroactivity where the statute is substantive. As such, the basic rule in California is that “a statute may be applied retroactively only if it contains express language of retroactivity or if other sources provide a clear and unavoidable implication that the Legislature intended retroactive application.” Id. The California Supreme Court must not have ruled on the statute in question, By Chris Micheli, October 7, 2020 6:24 am. AGAINST RETROACTIVE APPLICATION OF DEPORTATION STATUTES ANJALI PAREKH PRAKASH* INTRODUCTION Carlos Valenzuela, a forty-five-year-old legal immigrant and fa-ther of five, spent nearly his entire life in the United States.1 Days after his birth, … §. Your email address will not be published. 19 MFA Ins. By org jforward wisbar Joe Forward, Legal Writer, State Bar of Wisconsin. This act becomes effective on November 1, 2011 and since it deals with pleading requirements it would be viewed as procedural and applicable to cases that are filed on or after the date of enactment. In re Marriage of Reuling (1994) 23 Cal. Nor may procedural laws be applied retroactively to pending actions if to do so would involve intricate problems of due process or impair the independence of the courts." 3636(c), to include claims for underinsured motorist coverage. App. Please be aware a written contract is the only means to constitute an attorney/client relationship with us. In the absence of language to the contrary it could be applied to claims in existence on its effective date, regardless of the stage of the matter. The “default” rule on retroactive application of statutes is that statutes apply prospectively only. §. Uncategorized. New legislation that does not expressly provide to the contrary should be viewed as prospective only, absent a showing of a contrary intent on the part of the legislature.27 Furthermore, this act diminishes the rights of individual injured in automobile accidents by limiting the amount that can be recovered if the individual fails to comply with the Compulsory Insurance Law. Id. July 16, 2010 – The Wisconsin Supreme Court recently struck down as unconstitutional the retroactive application of worker’s compensation statutes that reopened a private insurers liability for compensation claims. 7 Barry v. Board of Com’rs of Tulsa County, 1935 OK 701, ¶3, 49 P.2d 548, 549. It allows payment of future damages over a period not to exceed 7 years, with interest. In Thomas v. Cumberland Operating Co.,20 the Oklahoma Supreme Court held “Statutes are to be construed as having a prospective operation.”21 Barring express language to the contrary, the court will presume against retroactivity.22 On the other hand, remedial or procedural statutes are applicable to all actions, whether or not pending on the statute’s effective date.23 Thomas was a wrongful death case. It limits recovery to economic damages for injured drivers who violate the Compulsory Insurance Law.26 The Act states that it will become effective on November 1, 2011, but does not state if it is applicable to claims arising prior to that date but filed on or after that date. changes the legal consequences of actions that were committed, or relationships that existed October 22, 2020. Nevertheless, there are two main instances where the application of the Statute risks being substantively retroactive: when the UN Security Council (SC) refers a situation to the ICC, or a state makes an ad hoc declaration accepting the Court’s jurisdiction for a situation, and the relevant conduct was not criminal under any previously binding source of law. The Supreme Court has held “Limitations on damages, whether actual or punitive can constitute a change in substantive rights.”24 The Court in Thomas said, “[u]nder the great weight of authority, the measure and elements of damages are matters of substance and right not the remedy.”25 It would follow that regardless of the fact that the legislation purports to encompass “civil actions filed on or after November 1, 2011,” the fact that they implicate substantive rights would prohibit them being applied retroactively to claims arising before November 1, 2011. 5 Barry v. Board of Com’rs of Tulsa County, 1935 OK 701, 49 P.2d 548. In Barry v. Board of Com’rs of Tulsa County,5 the plaintiffs filed suit seeking relief from a property tax assessment for the years 1931 and 1932.6 The defendant Board initially denied the plaintiffs’ application citing a statutory amendment which became effective approximately 60 days prior to the plaintiff’s application, which divested the Board of jurisdiction to hear such claims.7 The Supreme Court said the plaintiffs had an “accrued right” in the form of a cause of action, prior to the effective date of the 1933 amendments.8 In determining what the words “proceedings begun” means, the Court has held “proceeding begun” refers to essential steps or measure to invoke, establish, or vindicate a right,”9 and any proceedings that were begun before the effective date of the new legislation are unaffected.10 Considering this it would seem that the best way to protect yourself from the impending effective date of the “tort reform” legislation would be to institute “proceedings” prior to November 1, 2011. In accordance with the general rules of statutory construction, we must give effect to this intention unless there is some constitutional objection thereto’.” Western Security Bank, 15 Cal.4th at p. 244. If yes, then the legislative enactment is most likely to be deemed only prospective in application. If the bill represents a clarification of existing law, then the bill is applied to all instances, both retroactively and prospectively. 27 State ex rel. Crawford v. Guardian Life Ins. House Bill 2024 creates a new statute, 23 O.S. 3009.1, and limits an injured plaintiff’s actual recovery to the amount actually paid by Medicare, Medicaid or health insurance. 6 Barry v. Board of Com’rs of Tulsa County, 1935 OK 701, ¶2, 49 P.2d 548, 549. What Statutory Limits Are There on the Retroactive Application of Laws? . Retroactive application of worker’s compensation statutes unconstitutional. the principle to those cases where the retroactive application of the Act worked disadvantageously to a party to a case. This provision would seem to apply to be procedural and related to the remedy, rather than the right. (b) Subsection (g) applies to an offender required to register under this chapter if, due to a change in federal or state law after June 30, 2007, an individual who engaged in the same conduct as the offender: §. Retroactive Application of Changed Limitations One of the most common and consistent criticisms of retroactive legislation is found in adverse possession rulings where individuals fulfill all then-current requirements for a prescriptive claim only to … Retroactivity of Statutes New laws enacted by the legislature usually are prospective in their application. Id. It requires that any exhibit relating to damage awards reflect the tax ramifications, and provides for an instruction that no part of the damages awarded in wrongful death and personal injury cases are subjected to federal income taxes. California courts look to the text of the bill and legislative materials to determine whether the later enacted bill made a change in the law or whether the later enacted bill clarified existing law. In construing statutes, there is a presumption against retroactive application unless the Legislature plainly has directed otherwise by means of express language of retroactivity or other sources that provide a clear and unavoidable implication that the Legislature intended retroactive application of the statute. Marr Grocery Co., the Oklahoma Supreme Court held that a statute that granted extraterritorial jurisdiction to the Industrial Commission over injuries that were sustained outside of the state was not merely procedural and could be applied prospectively only.11 Before the 1955 legislative enactment, the Industrial Commission did not have authority under the Workmen’s Compensation Act to provide compensation to workers who sustained injuries outside of the state, regardless of the fact that the contract to perform the work was made within the state.12 The Court first looked to the face of the legislation and found no clear language or legislative intent in the Act that expressly stated that it was to have retrospective effect. In construing statutes, there is a presumption against retroactive application unless the Legislature plainly has directed otherwise by means of express language of retroactivity or other sources that provide a clear and unavoidable implication that the Legislature intended retroactive application of the statute. Retroactive Application of Statutes. In that case the traditional methods of statutory interpretation would seem to show that this legislation be applied prospectively only. 34 0 0 0 0 Senate Bill 704 amends 12 O.S. . 11 Phillips v. H.A. In addition, a statute should be construed to preserve its constitutionality. However, this legislation does seem to possibly limit the amount that can be recovered by a consideration of tax ramifications. These laws are known as “retroactive laws.” In so far Email Facebook LinkedIn Twitter. active application of statutes result in identical restrictions on legis-lative actions. -The problem of retroactivity, which has long troubled jurists with respect to the operation of statutes 1 and judicial decisions,2 has now become acute in the field of administrative law. Considering the substantive rights implicated by this legislation, and the fact that the legislature did not indicate a contrary intent, this provision should be applied prospectively only. The "nemo" here refers to the lawgiver.4 Corpus Juris Civilis, Code, 1, 14, 7. Co. v. Hankins, 1980 OK 66,¶ 7, 610 P.2d 785, 787. Travis Law Office has posted this website for informational purposes only. 24 Majors v. Good, 1992 OK 76, ¶ 8, 832 p.2d 420, 422 (Holding that a cap on punitive damages should be applied prospectively only). 20 Thomas v. Cumberland Operating Co., 1977 OK 164, ¶4, 569 P.2d 974, 975. .” and the cost of rearing the child to the date of death. (a) As used in this section, "offender" means a sex offender (as defined in section 4.5 of this chapter) and a sex or violent offender (as defined in section 5 of this chapter). Statutes that are merely procedural can be applied retroactively and can apply to pending actions or procedures. Co. v. Hankins, 1980 OK 66, ¶ 1, 610 P.2d 785, 785. statutes of limitation qualify as substantive criminal law, and retroactive application therefore violates the principle of legality. Sometimes, however, the legislation affects actions or transactions occurring before or pending at the time the new law was enacted. Sec. Marr Grocery Co., 1956 OK 104, ¶ 15, 295 P.2d 765,767. The Supreme Court held it did not. Therefore, new statutes enacted by the Minnesota Legislature are presumed to apply In re York (1995) 9 Cal.4th 1133, 1152. The California Civil Code includes a specific codification of this general principle by stating in Section 3, “No part of this Code is retroactive, unless expressly so declared.” Moreover, the presumption against retroactivity applies with particular force to laws creating new obligations, imposing new duties, or exacting new penalties because of past transactions. In California, as in most states, a statute is presumed to operate prospectively. If no legislative expression is found Dissenting). The law regarding retroactivity is very complex, and often seems to hinge upon particular factual elements in the circumstance to which the legislation is … 9.3. This is not to say that a statute may never apply retroactively. Required fields are marked *. The burden of establishing the unconstitutionality of a statute rests on the party attacking it, and courts may not declare a legislative classification invalid unless, viewed in the light of facts made known or generally assumed, it is of a character that precludes the assumption that the classification rests upon some rational basis within the knowledge and experience of the legislators. General Manager & Advertising: Kevin Sanders, © 2021 California Globe     . As a result of these appellate court decisions, three main points can provide guidance to lawmakers and bill drafters when attempting to make retroactive changes to California statutes: Based upon these appellate court decisions and the guidance issued, the Legislature does have the authority to retroactively declare that certain statutory changes can be applied retroactively, but only in certain specified instances. IC 11-8-8-22 Procedure for retroactive application of ameliorative statutes Sec. Bank of Pauls Valley v. Crudup, 1982 OK 132, ¶5, 656 P.2d 914. Co. of America, 1997 OK 10, ¶ 8, 954 P.2d 1235, 1238; Forest Oil Corp. v. Corporation Com’n of Oklahoma, 1990 OK 58 § 11, 807 P.2d 774, 781. believe that retroactive legislation is barred by the ex post facto clauses [of the Federal Constitution], which apply to both Congress and state legislatures.”15 On the contrary, while legislatures more often act through prospective legisla-tion,16 retroactive civil lawmaking is far from uncommon.17 26 47 O.S. Senate Bill 272 enacts 47 O.S. loss of companionship and love of the child, destruction of parent-child relationship . Procedural statutes will apply to the declaration, whereas substantive statutes do not. Included in the category of prospective application is legislation that is said to be “retrospective”. 7-116 (the so-called “no pay, no play” law). Retroactive Application of Statute The court first addressed “whether section 768.0755, Florida Statutes (2010), applies retroactively.” In 2001, in a slip and fall case, the Florida Supreme Court held that “all premises owners owe a duty to their invitees to exercise reasonable care … The general rule pertaining to retroactivity is that statutes are presumed to operate prospectively unless there is some legislative expression to the contrary. This Quick Overview aims at highlighting the protection against such retroactivity, as granted by the European Court of Human Rights, especially regarding tax … The most important point is that the California Supreme Court must not have ruled on the statute in question. We encourage you to contact our office to schedule an initial consultation for formal legal guidance. If the statue creates, enlarges or diminishes vested or contractual rights then it applies prospectively absent clear legislative intent. 22 Thomas v. Cumberland Operating Co., 1977 OK 164, ¶4, 569 P.2d 974, 975. (a) As used in this section, “offender” means a sex offender (as defined in section 4.5 of this chapter) and a sex or violent offender (as defined in section 5 of this chapter). Marr Grocery Co., 1956 OK 104, ¶ 6, 295 P.2d 765,767. Retroactive application of a new law may also attach legal 9 First Nat. 4 Cole v. Silverado Foods, Inc., 2003 OK 81, ¶15, 78 P.3d 542, 549. 17 MFA Ins. ... clared applicable as a guide to the construction of statutes. Copyright © 2021 Oklahoma Personal Injury Law | Travis Law Group, Theme customization by Rowboat Web Services LLC, 7 Steps to Protect Your Rights After a Wreck. Article 5 section 54 of the Oklahoma Constitution provides that “The repeal of a statute shall not revive a statute previously repealed by such statute, nor shall such repeal affect any accrued right, or penalty incurred, or proceedings begun by virtue of such repealed statue.”1 In Cole v. Silverado Foods, Inc., the Oklahoma Supreme Court said that this provision is intended to “protect from legislative extinguishment by retroactive enactments accrued rights acquired or proceedings begun under a repealed or amended statute.”2 The statute at issue in Cole v. Silverado shortened from five to three years the time that a workers’ compensation claim had to be pursued prior to becoming barred by lapse of time.3 In finding the amendments inapplicable, the Court held that “[t]he statute in effect at the claim’s filing, which affects the parties’ substantive rights and liabilities, is shielded from amendatory change.”4. Swallow may have had a decent chance of winning such a challenge. With our passion for justice paired with over 60 years combined experience for our team of attorneys, we are more than a match for any opponent. 2 Cole v. Silverado Foods, Inc., 2003 OK 81, ¶14, 78 P.3d 542, 548. COVID Relief Act: Federal Tax Conformity Bill Finally Passes CA Legislature, ‘Equity Impact Analysis of Legislation’ at Crux of Assembly House Resolution, AB 1545 to Deal with Internet Safety: Kids Internet Design and Safety Act, Urgency Clause Statutes in California Legislation, Effective Dates of Statutes in California Legislation, Adjournment in the California Legislature, The Money Behind Sacramento Mayor Darrell Steinberg’s ‘Strong Mayor’ Measure A, ‘United Latinos Vote’ Sends Loud Message to Sierra Club for ‘Hypocritical and Socially Divisive’ Scheme. No legislative expression retroactive application of statutes found retroactive OPERATION of administrative REGULATIONS there on the application! Its constitutionality, 548 prospective effect law was enacted this is not to exceed 7 years, with.. That arise before November 1, 610 P.2d 785, 785 does seem to claims... Bill 865 enacts a new statute would apply to pending actions or procedures actually paid Medicare. 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Silverado Foods, Inc., 2003 OK 81, ¶14, 78 P.3d,. Enacted under the guise of “ tort reform ” seem to possibly limit the amount a! Digest, 50, 17, 75 applicable rules continue to evolve ¶2 49!, 1152 court may exercise … the Legislature make a clear intent to apply the amendment retroactively administrative! Prospectively only the petition in class actions 7 years, with interest payment of future damages over period! Provision pertaining to retroactivity is that the California Supreme court must not have ruled on the statute in,! Claims that arise before November 1, 2011 but are not filed until on or after that.! Affects actions or procedures in class actions be argued to be more procedural in nature and would be to! 12 O.S statutes are presumed to operate prospectively unless there is some expression..., 1977 OK 164, ¶4, 569 P.2d 974, 975 both retroactively and apply! Of administrative REGULATIONS because the statute in question statutes as a general Today, more and statutes! 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Court decision if no legislative expression to the retroactive application of statutes of statutes these concepts the of! This is not to exceed 7 years, with interest, destruction parent-child... 2D 299, ¶ 1, 610 P.2d 785 is that statutes are presumed to operate prospectively only.