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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2094 By: Lepak
AS INTRODUCED
An Act relating to officers; amending 51 O.S. 2011,
Section 155, as last amended by Section 3, Chapter
273, O.S.L. 2016 (51 O.S. Supp. 202 0, Section 155),
which relates to the Oklahoma Governmental Tort
Claims Act; modifying certain exemption from
liability; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2011, Section 155, as last
amended by Section 3, Chapter 273, O.S.L. 2016 (51 O.S. Supp. 2020,
Section 155), is amended to read as follows:
Section 155. The state or a political subdivision shall not be
liable if a loss or claim resul ts from:
1. Legislative functions;
2. Judicial, quasi-judicial, or prosecutorial functions, other
than claims for wrongful criminal felony conviction resulting in
imprisonment provided for in Section 154 of this title;
3. Execution or enforcement of the lawful orders of any court;
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4. Adoption or enforcement of or failure to adopt or enforce a
law, whether valid or invalid, including, but not limited to, any
statute, charter provision, ordinance, resolution, rule, regulation
or written policy;
5. Performance of or the failure to exercise or perform any act
or service which is in the discretion of the state or political
subdivision or its employees;
6. Civil disobedience, riot, insurrection or rebellion or the
failure to provide, or the method of providi ng, police, law
enforcement or fire protection , unless the loss or claim results
from instances where the state or political subdivision was aware of
the dangerous condition and failed to take any reasonable action to
alleviate or mitigate damage, loss or injury from civil
disobedience, riot, insurrection or rebellion or makes an
affirmative decision or establishes a policy to allow civil
disobedience, riots, insurrection or rebellion ;
7. Any claim based on the theory of attractive nuisance;
8. Snow or ice conditions or temporary or natural conditions on
any public way or other public place due to weather conditions,
unless the condition is affirmatively caused by the negligent act of
the state or a political subdivision;
9 Entry upon any property where t hat entry is expressly or
implied authorized by law;
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10. Natural conditions of property of the state or political
subdivision;
11. Assessment or collection of taxes or special assessments,
license or registration fees, or other fees or charges imposed by
law;
12. Licensing powers or functions including, but not limited
to, the issuance, denial, suspension or revocation of or failure or
refusal to issue, deny, suspend or revoke any permit, license,
certificate, approval, order or similar authority;
13. Inspection powers or functions, including failure to make
an inspection, review or approval, or making an inadequate or
negligent inspection, review or approval of any property, real or
personal, to determine whether the property complies with or
violates any law or contains a hazard to health or safety, or fails
to conform to a recognized standard;
14. Any loss to any person covered by any workers ' compensation
act or any employer's liability act;
15. Absence, condition, location or malfunction of any tra ffic
or road sign, signal or warning device unless the absence,
condition, location or malfunction is not corrected by the state or
political subdivision responsible within a reasonable time after
actual or constructive notice or the removal or destruction of such
signs, signals or warning devices by third parties, action of
weather elements or as a result of traffic collision except on
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failure of the state or political subdivision to correct the same
within a reasonable time after actual or constructive no tice.
Nothing herein shall give rise to liability arising from the failure
of the state or any political subdivision to initially place any of
the above signs, signals or warning devices. The signs, signals and
warning devices referred to herein are thos e used in connection with
hazards normally connected with the use of roadways or public ways
and do not apply to the duty to warn of special defects such as
excavations or roadway obstructions;
16. Any claim which is limited or barred by any other law;
17. Misrepresentation, if unintentional;
18. An act or omission of an independent contractor or
consultant or his or her employees, agents, subcontractors or
suppliers or of a person other than an employee of the state or
political subdivision at the time the act or omission occurred;
19. Theft by a third person of money in the custody of an
employee unless the loss was sustained because of the negligence or
wrongful act or omission of the employee;
20. Participation in or practice for any interscholastic or
other athletic contest sponsored or conducted by or on the property
of the state or a political subdivision;
21. Participation in any activity approved by a local board of
education and held within a building or on the grounds of the school
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district served by that local board of education before or after
normal school hours or on weekends;
22. Use of indoor or outdoor school property and facilities
made available for public recreation before or after normal school
hours or on weekends or school vacati ons, except those claims
resulting from willful and wanton acts of negligence. For purposes
of this paragraph:
a. "public" includes, but is not limited to, students
during nonschool hours and school staff when not
working as employees of the school, and
b. "recreation" means any indoor or outdoor physical
activity, either organized or unorganized, undertaken
for exercise, relaxation, diversion, sport or
pleasure, and that is not otherwise covered by
paragraph 20 or 21 of this section;
23. Any court-ordered, Department of Corrections or county
approved work release program; provided, however, this provision
shall not apply to claims from individuals not in the custody of the
Department of Corrections based on accidents involving motor
vehicles owned or oper ated by the Department of Corrections;
24. The activities of the National Guard, the militia or other
military organization administered by the Military Department of the
state when on duty pursuant to the lawful orders of competent
authority:
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a. in an effort to quell a riot,
b. in response to a natural disaster or military attack,
or
c. if participating in a military mentor program ordered
by the court;
25. Provision, equipping, operation or maintenance of any
prison, jail or correctional facility, or in juries resulting from
the parole or escape of a prisoner or injuries by a prisoner to any
other prisoner; provided, however, this provision shall not apply to
claims from individuals not in the custody of the Department of
Corrections based on accidents in volving motor vehicles owned or
operated by the Department of Corrections;
26. Provision, equipping, operation or maintenance of any
juvenile detention facility, or injuries resulting from the escape
of a juvenile detainee, or injuries by a juvenile detai nee to any
other juvenile detainee;
27. Any claim or action based on the theory of manufacturer 's
products liability or breach of warranty, either expressed or
implied;
28. Any claim or action based on the theory of indemnification
or subrogation;
29. Any claim based upon an act or omission of an employee in
the placement of children;
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30. Acts or omissions done in conformance with then current
recognized standards;
31. Maintenance of the state highway system or any portion
thereof unless the claimant p resents evidence which establishes
either that the state failed to warn of the unsafe condition or that
the loss would not have occurred but for a negligent affirmative act
of the state;
32. Any confirmation of the existence or nonexistence of any
effective financing statement on file in the office of the Secretary
of State made in good faith by an employee of the office of the
Secretary of State as required by the provisions of Section 1 -9-
320.6 of Title 12A of the Oklahoma Statutes;
33. Any court-ordered community sentence;
34. Remedial action and any subsequent related maintenance of
property pursuant to and in compliance with an authorized
environmental remediation program, order, or requirement of a
federal or state environmental agency;
35. The use of necessary and reasonable force by a school
district employee to control and discipline a student during the
time the student is in attendance or in transit to and from the
school, or any other function authorized by the school district;
36. Actions taken in good faith by a school district employee
for the out-of-school suspension of a student pursuant to applicable
Oklahoma Statutes; or
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37. Use of a public facility opened to the general public
during an emergency.
SECTION 2. This act shall become effective November 1, 2021.
58-1-7249 AMM 01/20/21