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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 1018 By: Standridge
AS INTRODUCED
An Act relating to the Governmental Tort Claims Act;
amending 51 O.S. 2011, Sectio n 153, as last amend ed
by Section 1, Chapter 308, O.S.L. 2015 (51 O.S. Supp.
2020, Section 153), which relates to liability ;
authorizing cause of action for damage caused by
certain failure; and prov iding an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2011, Section 153, as last
amended by Section 1, Chapter 308, O.S.L. 2015 (51 O.S. Supp. 2020,
Section 153), is amended to read as follows:
Section 153. A. The state or a political subdivision shall be
liable for loss resulting from its torts or the torts of its
employees acting within the scope of their employment subject t o the
limitations and exceptions specified in The Governmental Tort Claims
Act and only where the state or political subdivision, if a private
person or entity, would be liable for money damages under the laws
of this state. The state or a political subdi vision shall not be
liable under the provisions of The Governmental Tort Claims Act for
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any act or omission of an employee acting outside the sc ope of the
employee’s employment.
B. The liability of the state or political subdivision under
The Governmental Tort Claims Act shall be exclusive and shall
constitute the extent of tort liability of the s tate, a political
subdivision or employee arising from common law, statute, the
Oklahoma Constitution , or otherwise. If a court of competent
jurisdiction finds t ort liability on the part of the state or a
political subdivision of the state based on a prov ision of the
Oklahoma Constitution or state law ot her than The Governmental Tort
Claims Act, the limits of liability provided for in The Governmental
Tort Claims Act shall apply.
C. If an action is commenced alleging tort liability on the
part of the state or a political subdivision of the state or an
employee of the state or of a political subdivision of the state
based on a provision of the Oklahoma Constitution or state law other
than The Governmental Tort Claims Act, the action shall name as
defendant the state or political subdivision against which l iability
is sought to be established. In no instance in any such action
shall an employee of the state or of a political subdivision of the
state acting within the scope of employment be named as defendant ;
provided, however, such person may be named as d efendant under
alternative allegations that such person did not act within the
scope of employment.
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D. A person may bring an action against the state or a
political subdivision of the s tate for failure to enforce a law of
this state without good cause, an d such failure of enforcement
causes bodily, property or financial damage to the person.
SECTION 2. This act shall become effective November 1, 2021.
58-1-178 TEK 1/21/2021 9:41:52 PM