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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3287 By: Humphrey
AS INTRODUCED
An Act relating to officers; amending 51 O.S. 2021,
Section 155, which relates to The Oklahoma
Governmental Tort Claims Act; providing an exception
to certain liability exe mption; and providing an
effective date.
BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2021, 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 results from:
1. Legislative functions;
2. Judicial, quasi-judicial, or prosecutorial functions, other
than claims for wrongful criminal f elony conviction resulting in
imprisonment provided for in Section 154 of this title;
3. Execution or enforcement of the lawful orders of any court;
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, regul ation
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or written policy; provided, however, this provisio n shall not apply
to claims from correctional officers previously employed by the
Department of Corrections based on willful violations of the
policies and procedures of the Department by supervisors and wardens
of the Department;
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 rebelli on or the
failure to provide, or the method of pro viding, police, law
enforcement or fire protection;
7. Any claim based on the theory of attractive nuisance;
8. Snow or ice conditions or temporary or natural con ditions 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 that entry is e xpressly or
implied authorized by law;
10. Natural conditions of p roperty 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;
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12. Licensing powers or function s including, but not limited
to, the issuance, denial, suspension or revocation of or failur e or
refusal to issue, deny, suspend or revoke any permit, license,
certificate, approval, order or similar authority;
13. Inspection powe rs or functions, includin g 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 cont ains a hazard to health o r safety, or fails
to conform to a recogni zed 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 traffic
or road sign, signal or warning de vice 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 devi ces by third parties, action of
weather elements or as a result of traffic collision except on
failure of the state or political subdivision to correct the same
within a reasonable time after actual or constructive notice.
Nothing herein shall give rise t o 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
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warning devices referred to herein are those used in conn ection with
hazards normally connected with the use of roadways or public ways
and do not apply to the duty to warn o f 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 omi ssion occurred;
19. Theft by a third person of money in the custod y of an
employee unless the loss was sustained bec ause 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
district served by that local board of education before or after
normal school hours or on weekends;
22. Use of indoor or outdoor school pro perty and facilities
made available for public recreation before or after normal school
hours or on weekends or school vacations, except th ose claims
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resulting from willful and wanton acts of negligence. F or 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 outd oor 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, h owever, this provision
shall not apply to claims f rom individuals not in the custody of the
Department of Corrections based on accidents involving motor
vehicles owned or operated by the De partment of Corrections;
24. The activities of the National Guard, the militia or other
military organization admini stered by the Military Department of the
state when on duty pursuant to the lawful orders of competent
authority:
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;
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25. Provision, equipping, operation or maintenance of any
prison, jail or correctional facility, or injuries resulti ng from
the parole or escape of a prisoner or injuries by a prisone r to any
other prisoner; provided, however, this p rovision shall not apply to
claims from individuals not in the custody of the Department of
Corrections based on accidents involving motor vehicles owned or
operated by the Department of Corrections;
26. Provision, equipping, operation or maintenance of a ny
juvenile detention facility, or injuries resulting from the escape
of a juvenile detainee, or injuries by a juvenile detainee 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; provided, however, a political subdivision as
defined in subparagraph s of paragraph 11 of Section 152 of this
title may enter into a con tract with a contract operator or any
railroad operating in interstate commerce that sells a property
interest or provides services to a re gional transportation
authority, or allows the regional transportat ion authority to use
the railroad's property or tracks for the provision of public
passenger rail service, providing for the allocation of financial
responsibility, indemnification, or the procurement of insurance for
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the parties for all types of claims or damages, provided that funds
have been appropriat ed to cover the resulting contractual obligation
at the time the contract is executed. The acquisition of commercial
liability insurance t o cover the activities of the regional
transportation authority, co ntract operator or railroad shall not
operate as a waiver of any of the liabilities, immunities or
defenses provided for political subdivisions pursuant to the
provisions of The Governmenta l Tort Claims Act. A con tract entered
into under this paragraph sh all not affect rights of employees under
the Federal Employers Liability Act or the Federal Railway Labor
Act;
29. Any claim based upon an act or omission of an employee in
the placement of children;
30. Acts or omissions done in conformance with then cu rrent
recognized standards;
31. Maintenance of th e state highway system or any portion
thereof unless the claimant presents evidence which establishes
either that the state failed to warn of the unsafe condition o r that
the loss would not have occurred bu t 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 e mployee of the office of the
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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 ma intenance of
property pursuant to and in compliance with an authori zed
environmental remediation program, order, or r equirement of a
federal or state environmental agency;
35. The use of necessary and reasonable force by a school
district employee to cont rol and discipline a stud ent during the
time the student is in atte ndance 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 pur suant to applicable
Oklahoma Statutes; or
37. Use of a public facility opened to the genera l public
during an emergency.
SECTION 2. This act shall become effective November 1, 2022.
58-2-8583 GRS 01/17/22