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ENGROSSED SENATE
BILL NO. 458 By: Daniels of the Senate
and
Kannady of the House
[ Governmental Tort Cla ims Act - certain exemption
from liability - exception - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
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 s hall not be
liable if a loss or claim results from:
1. Legislative functions;
2. Judicial, quasi-judicial, or prosecutorial functions, oth er
than claims for wrongful criminal fel ony 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, rul e, regulation
or written policy;
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5. Performance of or the failure to exercise or perform any act
or service which is in the discretion of t he state or political
subdivision or its employees;
6. Civil disobedience , riot, insurrection or rebellion or the
failure to provide, or the method of providing, police, law
enforcement or fire protection;
7. Any claim based on the theory of attractive n uisance;
8. Snow or ice conditions or t emporary or natural conditions on
any public way or other public place due t o 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 exp ressly or
implied authorized by la w;
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 fe es 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 s imilar authority;
13. Inspection powers or functions, including failure to make
an inspection, review or approval, or making an inadequate or
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negligent inspection, review or approval of any property, real or
personal, to determine whether the property com plies with or
violates any law or contai ns a hazard to health or safety, o r fails
to conform to a recognized standar d;
14. Any loss to any person covered by any workers ’ compensation
act or any employer’s liability act;
15. Absence, condition, location o r malfunction of any traffic
or road sign, signal or warning device unless the absence,
condition, location or malfu nction is not corrected by the state or
political subdivision responsible within a reasonable time after
actual or constructive notice or th e removal or destruction of such
signs, signals or warning devices by thir d parties, action of
weather elements or a s a result of traffic collision except on
failure of the state or political subdivision to correct the same
within a reasonable time after a ctual or constructive notice.
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 those used in connec tion with
hazards normally connect ed 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 bar red by any other law;
17. Misrepresentation, if unintentional;
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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 omiss ion occurred;
19. Theft by a thir d 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 po litical 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 lo cal board of education before or a fter
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 vacations, except thos e claims
resulting from willful an d 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 physica l
activity, either organized or unorganize d, undertaken
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for exercise, relaxation, diversion, sport or
pleasure, and that is not otherwise covered by
paragraph 20 or 21 of this sectio n;
23. Any court-ordered, Department of Corrections or county
approved work release program; provided, however, thi s provision
shall not apply to claims from individuals not in the custody of the
Department of Corrections based on accidents involving moto r
vehicles owned or operated by the Depa rtment of Corrections;
24. The activities of the National Guard, the militi a or other
military organization administered by the Military Department of the
state when on duty pursuant to the lawful orders of competen t
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;
25. Provision, equipping, operation or maintenance of any
prison, jail or corr ectional facility, or injuries resulting from
the parole or escape of a pr isoner 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 involving motor ve hicles owned or
operated by the Department of Corrections;
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26. Provision, equipping, operation or maintenance of any
juvenile detention facility, or injuries resulting from the escape
of a juvenile detainee, or inju ries by a juvenile detainee to any
other juvenile detainee;
27. Any claim or action based on the theory of manufact urer’s
products liability or breach of warranty, either expressed or
implied;
28. Any claim or action based on the theory of indemnificatio n
or subrogation;
29. Any claim based u pon an act or omission of an emplo yee in
the placement of children;
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 presents evidence which establishes
either that the state failed to warn of the unsafe condit ion or that
the loss would not have occurred but for a negligent affirmative act
of the state;
32. Any confirmation of the existence or non existence of any
effective financing sta tement on file in the office of th e 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 Statute s;
33. Any court-ordered community sent ence;
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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 environmen tal agency;
35. The use of necessary an d 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 d istrict;
36. Actions taken in good fait h by a school district employee
for the out-of-school suspension of a studen t pursuant to applicable
Oklahoma Statutes; or
37. Use of a public facility opened to the general public
during an emergency; or
38. A sanitary sewer overflow occurring on private property;
provided, however, such exception shall not apply to claims for loss
of property.
SECTION 2. This act shall become effective November 1, 2021.
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Passed the Senate the 9th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives