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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 306 By: Haste of the Senate
and
Humphrey of the House
COMMITTEE SUBSTITUTE
An Act relating to landowner liability; amending 76
O.S. 2011, Section 10.1, as amended by Section 1,
Chapter 225, O.S.L. 2013 (76 O.S. Supp. 2020, Section
10.1), which relates to landowner liability;
modifying provisions related to liability based on
designated uses; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 76 O.S. 2011, Section 10.1, as
amended by Section 1, Chapter 225, O.S.L. 2013 (76 O.S. Supp. 2020,
Section 10.1), is amended to read as follows:
Section 10.1 A. 1. The purpose of this section is to
encourage landowners to make land available to the public for
outdoor recreational purposes by limiting their liability to persons
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entering upon and using such land and to third persons who may be
damaged by the acts or omissions of persons going upon these lands.
2. As used in this section:
a. "land" means real property, roads, water,
watercourses, private ways, buildings, structures, and
machinery or equipment whe n attached to realty,
b. "outdoor recreational purposes" includes any of the
following, or any combination thereof: hunting,
fishing, swimming, boating, camping, picnicking,
hiking, pleasure driving, jogging, cycling, other
sporting events and activities, nature study, water
skiing, jet skiing, winter sports, viewing or enjoying
historical, archaeological, scenic, or scientific
sites, and aviation at non -public-use airports,
c. "owner" means the possessor of a fee interest, a
tenant, lessee, occupant, or p erson in control of the
land,
d. "charge" means the admission price or fee asked in
return for invitation or permission to enter or go
upon the land. The term "charge" shall not include:
(1) a license or permit fee imposed by a governmental
entity for the purpose of regulating the use of
land, a water or park area, or lake reservation,
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(2) hunting, fishing, boating, and other license and
permit fees,
(3) hunting or fishing leases, or
(4) donations made at fly -ins at non-public-use
airports, and
e. "non-public-use airport" means an airport that is
primarily used by the owner with access to the public
as permitted by the owner.
B. An owner who provides the public with land for outdoor
recreational purposes owes no duty of care to keep the land safe for
entry or use by others, or to give warning to persons entering or
using the land of any hazardous conditions, structures, or
activities.
C. 1. Except as otherwise provided by this section, an owner
who provides the public with land for outdoor recreational pu rposes
shall not:
a. be presumed to extend any assurance that the land is
safe for any purpose,
b. incur any duty of care toward a person who enters or
uses the land, or
c. assume any liability or responsibility for any injury
to persons or property caused by the act or omission
of a person who enters or uses the land.
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2. This subsection applies whether the person entering or using
the land is an invitee, licensee, trespasser, or otherwise.
D. This section shall not apply if:
1. Any charge is made or is usually made for entering or using
any part of the land; or
2. Any commercial or other activity for profit directly related
to the use is conducted on any part of the land.
E. 1. An owner of land leased to the state or to other public
entity for outdoor recreational purposes owes no duty of care to
keep the land safe for entry or use by others, or to give warning to
persons entering or using the land of any hazardous conditions,
structures, or activities. Any owner who leases or subleases land
to the state or other public entity for outdoor recreational
purposes shall not:
a. be presumed to extend any assurance that the land is
safe for any purpose,
b. incur any duty of care toward a person who enters or
uses the leased land, or
c. become liable or respon sible for any injury to persons
or property caused by the act or omission of a person
who enters or uses the leased land.
2. This subsection applies whether the person entering or using
the leased land is an invitee, licensee, trespasser, or otherwise,
notwithstanding any other section of law.
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F. E. 1. Except as provided in this section, no person is
relieved of liability which would exist for want of ordinary care or
for deliberate, willful, or malicious injury to persons or property.
The provisions shall not create or increase the liability of any
person.
2. This section shall not relieve any owner of any liability
for the operation and maintenance of structures affixed to real
property by the owner for use by the general public.
G. F. By entering or using land, no person shall be deemed to
be acting as an employee or agent of the owner whether the entry or
use is with or without the knowledge or consent of the owner.
H. G. The provisions of this section shall not apply to any
land that is used prima rily for farming or ranching activities or to
roads, water, watercourses, private ways, buildings, structures, and
machinery or equipment when attached to realty which is used
primarily for farming or ranching activities.
The Oklahoma Limitation of Liabili ty for Farming and Ranching
Land Act shall govern such land.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 04/08/2021 - DO PASS,
As Amended.