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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1590 By: Prieto
AS INTRODUCED
An Act relating to The Governmental Tort Claims Act;
amending 51 O.S. 2021, Sections 152, as amended by
Section 18, Chapter 228, O. S.L. 2022, 154, and 155,
as amended by Section 2 1, Chapter 228, O.S.L. 2022
(51 O.S. Supp. 2023, Sections 152 and 155) , which
relate to definitions, extent of liability, and
exceptions from liability; modifying definition;
requiring award of certain costs and fees for
prevailing plaintiff ; authorizing award of certain
fees to defendant un der certain circumstances;
providing for liability for exempted acts upon
certain findings by court; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2021, Section 152, as
amended by Section 18, Chapter 228, O.S.L. 2022 (51 O.S. Supp. 2023,
Section 152), is amended to read as follows:
Section 152. As used in The Governmenta l Tort Claims Act:
1. “Action” means a proceeding in a court of competent
jurisdiction by which one party brings a suit against another;
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2. “Agency” means any board, commission, comm ittee, department
or other instrumentality or entity designated to act i n behalf of
the state or a political subdivision;
3. “Charitable health care provider ” means a person who is
licensed, certified, or othe rwise authorized by the laws of this
state to administer health care in the ordinary course of business
or the practice of a profession and who provides care to a medically
indigent person, as defi ned in paragraph 9 of this section, with no
expectation of or acceptance of compensation of any kind;
4. “Claim” means any written demand presented by a claimant or
the claimant’s authorized representative in accordance with the
Governmental Tort Claims Ac t to recover money from the state or
political subdivisio n as compensation for an act or omissi on of a
political subdivision or the state or an employee;
5. “Claimant” means the person or the person’s authorized
representative who files notice of a claim in accordance with The
Governmental Tort Claims Act. On ly the following persons and no
others may be claimants:
a. any person holding an interest in real or personal
property which suffers a loss, provided that the claim
of the person shall be aggregated with claims of all
other persons holding an interest in the property and
the claims of all othe r persons which are derivative
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of the loss, and that multiple claimants sha ll be
considered a single claimant,
b. the individual actually involved in the accid ent or
occurrence who suffers a loss, provided that the
individual shall aggregate in the claim t he losses of
all other persons which are derivative of the loss, or
c. in the case of death, an administrator, special
administrator or a personal representat ive who shall
aggregate in the claim all losses of all p ersons which
are derivative of the death;
6. “Community health care provider” means:
a. a health care provider who v olunteers services at a
community health center that has been deemed by the
U.S. Department of Health and Human Services as a
federally qualified health center as defined by 42
U.S.C., Section 1396d(l)(2)(B),
b. a health provider who provides services to a n
organization that has been deemed a federally
qualified look-alike community health center, and
c. a health care provider who provide s services to a
community health center that h as made application to
the U.S. Department of Health and Human Services for
approval and deeming as a federally qualified look -
alike community health cent er in compliance with
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federal application guidance, and has received
comments from the U.S. Department of Health and Human
Services as to the status of such application with the
established intent of resubmitting a modified
application, or, if denied, a ne w application, no
later than six (6) months from the dat e of the
official notification from the U.S. D epartment of
Health and Human Services requiring resubmission of a
new application;
7. “Employee” means any person who is authorized to act in
behalf of a political subdivision or the state whether that perso n
is acting on a permanent or temporary basis, with or without being
compensated or on a full-time or part-time basis.
a. Employee also includes:
(1) all elected or appointed officers, members of
governing bodies and other persons designated to
act for an agency or political subdivision, but
the term does not mean a person or other legal
entity while acting in the capacity of an
independent contractor or an employee of an
independent contractor,
(2) from September 1, 1991, through June 30, 1996,
licensed physicians, licensed osteopathic
physicians and certified nurse-midwives providing
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prenatal, delivery or infant care service s to
State Department of Health clients pursuant to a
contract entered into with the State Department
of Health in accordance with paragraph 3 of
subsection B of Section 1 -106 of Title 63 of the
Oklahoma Statutes but only insofar as services
authorized by and in conformity with the terms of
the contract and the requirements of Se ction 1-
233 of Title 63 of the Oklahoma Statutes, and
(3) any volunteer, full-time or part-time firefighter
when performing duties for a fire department
provided for in subparagraph j of paragraph 11 of
this section.
b. For the purpose of The Governmenta l Tort Claims Act,
the following are employees of this s tate, regardless
of the place in this state where du ties as employees
are performed:
(1) physicians acting in an administrative capacity,
(2) resident physicians and resident interns
participating in a graduate medical education
program of the University of Oklahoma Health
Sciences Center, the College of Os teopathic
Medicine of Oklahoma State University, or the
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Department of Mental Health and Substance Abuse
Services,
(3) faculty members and staff o f the University of
Oklahoma Health Sciences Center and the College
of Osteopathic Medicine of Oklahoma State
University, while engaged in teaching duties,
(4) physicians who practice me dicine or act in an
administrative capacity as an employee of an
agency of the State of Oklahoma,
(5) physicians who provide medical care to inmates
pursuant to a contract with the Department of
Corrections,
(6) any person who is licensed to practice medic ine
pursuant to Title 59 of the Oklahoma Statutes,
who is under an administrative professional
services contract with the O klahoma Health Care
Authority under the auspices of the Ok lahoma
Health Care Authority Chief Medical Officer, and
who is limited to performing administrative
duties such as professional guidance for m edical
reviews, reimbursement rates, service
utilization, health care delivery and benefit
design for the Oklahoma Health Care Authority,
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only while acting within the scope of such
contract,
(7) licensed medical professionals under contract
with city, county, or state entiti es who provide
medical care to inmat es or detainees in the
custody or control of law enforcemen t agencies,
(8) licensed mental health professionals as defined
in Sections 1-103 and 5-502 of Title 43A of the
Oklahoma Statutes, who are c onducting initial
examinations of individuals for the pu rpose of
determining whether an individual meets the
criteria for emergency detention as part of a
contract with the Department of Ment al Health and
Substance Abuse Services, and
(9) licensed mental health professionals a s defined
in Sections 1-103 and 5-502 of Title 43A of the
Oklahoma Statutes, who are providing mental
health or substance abuse treatment services
under a professional se rvices contract with the
Department of Mental Health and Substan ce Abuse
Services and are providing such treatment
services at a state-operated facility.
Physician faculty members a nd staff of the University
of Oklahoma Health Sciences Center and the Colle ge of
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Osteopathic Medicine of Oklahoma State University not
acting in an administrativ e capacity or engaged in
teaching duties are not employees or agents of the
state.
c. Except as provided in subparagraph b of this
paragraph, in no event shall the state be held liable
for the tortious conduct of any physician, resi dent
physician or intern while practicing medicine or
providing medical treatment to patients.
d. For purposes of The G overnmental Tort Claims Act,
members of the state military forces on state active
duty orders or on Title 32 active duty orders are
employees of this state, rega rdless of the place,
within or outside this state, where their duties as
employees are performe d;
8. “Loss” means death or injury to the body or rights of a
person or damage to real or personal property or rights therein;
9. “Medically indigent” means a person requiring medically
necessary hospital or other health care services for the person or
the dependents of the person who has no public or private third-
party coverage, and whose personal resources are insufficient to
provide for needed health care;
10. “Municipality” means any incorporated city or town, and all
institutions, agencies or instr umentalities of a municipality;
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11. “Political subdivision” means:
a. a municipality,
b. a school district, including, but not li mited to, a
technology center school district establishe d pursuant
to Section 4410, 4411, 4420 or 4420.1 of Title 70 of
the Oklahoma Statutes,
c. a county,
d. a public trust where the sole beneficiary or
beneficiaries are a city, town, school district or
county. For purposes of The Gov ernmental Tort Claims
Act, a public trust shall include:
(1) a municipal hospital created pursu ant to Sections
30-101 through 30-109 of Title 11 of the Oklahoma
Statutes, a county hospital created pursuant to
Sections 781 through 796 of Title 19 of the
Oklahoma Statutes, or is created pursuant to a
joint agreement between such governing
authorities, that is operated for the public
benefit by a public trust created pursuant to
Sections 176 through 180.4 of Title 60 of the
Oklahoma Statutes and managed by a g overning
board appointed or elected by the municipality,
county, or both, who exercises control of the
hospital, subject to the approval of the
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governing body of the municipality, county, or
both,
(2) a public trust creat ed pursuant to Sections 176
through 180.4 of Title 60 of the Oklahoma
Statutes after January 1, 2009, the primary
purpose of which is to own, manage, or operate a
public acute care hospital in this state t hat
serves as a teaching hospital for a medical
residency program provided by a colleg e of
osteopathic medicine and provides care to
indigent persons, and
(3) a corporation in which all of the capital stock
is owned, or a limited liability company in which
all of the member interest is owned, by a public
trust,
e. for the purposes of The G overnmental Tort Claims Act
only, a housing authority created pursuant to the
provisions of the Oklahoma Housing Authority Act,
f. for the purposes of The Governmental Tor t Claims Act
only, corporations organized not fo r profit pursuant
to the provisions of the Oklahoma General Corporation
Act for the primary purpose of developing and
providing rural water supply and sewage disposal
facilities to serve rural residents,
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g. for the purposes of The Governmental Tort Claims Act
only, districts formed pursuant t o the Rural Water,
Sewer, Gas and Solid Waste Management Districts Act,
h. for the purposes of T he Governmental Tort Claims Act
only, master conservancy districts formed p ursuant to
the Conservancy Act of Oklahoma,
i. for the purposes of The Governmental To rt Claims Act
only, a fire protection district created pursuant to
the provisions of Section 90 1.1 et seq. of Title 19 of
the Oklahoma Statutes,
j. for the purposes of The Governmental Tort Claims Act
only, a benevolent or charitable corporate volunteer
or full-time fire department for an unincorporated
area created pursuant to the provisions of Sec tion 592
et seq. of Title 18 of the Oklahoma Statutes,
k. for purposes of The Governmental Tort Claims Act only,
an Emergency Services Provider rendering service s
within the boundaries of a Supplemental Emergency
Services District pursuant to an existing c ontract
between the Emergency Services Provider and the State
Department of Health. Provided, however, that the
acquisition of commercial liability insurance c overing
the activities of such Emergency Services Provider
performed within the State of Oklahom a shall not
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operate as a waiver of any of the limitations,
immunities or defenses provided for political
subdivisions pursuant to the terms of The Governmental
Tort Claims Act,
l. for purposes of The Governmental Tort Claims Act only,
a conservation distri ct created pursuant to the
provisions of the Conservation District Act,
m. for purposes of The Governmental Tort Cla ims Act,
districts formed pursuant to the Ok lahoma Irrigation
District Act,
n. for purposes of The Governmental Tort Claims Act only,
any community action agency established pursuant to
Sections 5035 through 5040 of Title 74 of the Oklahoma
Statutes,
o. for purposes of The Governmental Tort Claims Ac t only,
any organization that is designated as a youth
services agency, pursuant to Section 2 -7-306 of Title
10A of the Oklahoma Statutes,
p. for purposes of The Governmental Tort Claims Act only,
any judge presiding over a drug court, as defined by
Section 471.1 of Title 22 of the Oklahoma Statutes,
q. for purposes of The Governmental Tort Claims A ct only,
any child-placing agency licensed by this state to
place children in foster family homes,
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r. for purposes of The Governmental Tort Claims Act only,
a circuit engineering district created pursuant to
Section 687.1 of Title 69 of the Oklahoma St atutes,
s. for purposes of the Governmental Tort Claims Act only,
a substate planning district, regional council of
government or other entity created pursuant to Section
1001 et seq. of Title 74 of the Oklahoma Statutes, and
t. for purposes of The Governmental Tort Claims Act only,
a regional transportation authority created pur suant
to Section 1370.7 of Title 68 of the Oklahoma Statutes
including its contract operator and any railroad
operating in interstat e commerce that sells a property
interest or provides services to a regional
transportation authority or allows the authority to
use the property or tracks of the railroad for the
provision of public passenger rail service to the
extent claims against the contract operator or
railroad arise out of or are related to or in
connection with such property interest, services or
operation of the public passenger rail service.
Provided, the acquisition of commercial liability
insurance to cover the activities of t he regional
transportation authority, contract operator or
railroad shall not operate as a waiver of any
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liabilities, immunities or defenses provided pursuant
to the provisions of the Governmental Tort Claims Act,
and all their institutions, instrumentalities or agencies;
12. “Scope of employment” means performance by an employee
acting in good faith within the duties of the e mployee’s office or
employment or of tasks lawfully assigned by a competent autho rity
including the operation or use of an agency vehicle or equipment
with actual or implied consent of the supervisor of the employee,
but shall not include corruption , or fraud, gross negligence, or
willful misconduct;
13. “State” means the State of Oklahoma or any office,
department, agency, a uthority, commission, board, institution,
hospital, college, university, public trust created pursua nt to
Title 60 of the Oklahoma Statutes of which the State of Oklahoma is
the beneficiary, or other instrumentality thereof;
14. “State active duty” shall be defined in accordance with
Section 801 of Title 44 of the Oklahoma Statutes;
15. “State military forces” shall be defined in accordance with
Section 801 of Title 44 of the Oklahoma Statutes;
16. “Title 32 active duty” shall be defined in accordance w ith
Section 801 of Title 44 of the Oklahoma Statutes; and
17. “Tort” means a legal wrong, independen t of contract,
involving violation of a dut y imposed by general law, statut e, the
Constitution of the State of Oklahoma, or otherwise, resulting in a
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loss to any person, association or corporation as the proximate
result of an act or omission of a p olitical subdivision or the state
or an employee acting within the scope of employ ment.
SECTION 2. AMENDATORY 51 O.S. 2021, Section 154, is
amended to read as follows:
Section 154. A. The 1. Except for an award of costs and fees
pursuant to paragraph 2 of this subsection, the total liability of
the state and its political subdivisions on claims within t he scope
of The Governmental Tort Claims Act, arising out of an accident or
occurrence happening after October 1, 1985, Section 151 et seq. of
this title, shall not exceed:
1. a. Twenty-five Thousand Dollars ($25,000.00) for any
claim or to any claimant who has more than one claim
for loss of property arising out of a single act,
accident, or occurrence ;,
2. b. Except as otherwise provided in this paragraph, One
Hundred Twenty-five Thousand Dollars ($125,000.00) to
any claimant for a claim for any other loss ari sing
out of a single act, accident, or occurrence. The
limit of liability for the state or any city or county
with a population of three hundred thousand (300,000)
or more according to the latest Federal Decennial
Census, or a political subdivision as defined in
subparagraph s of paragraph 11 of Section 152 of this
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title, shall not exceed One Hundred Seven ty-five
Thousand Dollars ($175,000.00). Except however, the
limits of the liability for the University Hospitals
and State Mental Health Hospitals opera ted by the
Department of Mental Health and Substance Abuse
Services for claims arising from medical negligence
shall be Two Hundred Thousand Dollars ($200,000.00).
For claims arising from medical negligence by any
licensed physician, osteopathic physi cian or certified
nurse-midwife rendering prenatal, delivery or infant
care services from September 1, 1991 , through June 30,
1996, pursuant to a contract authorized by subsecti on
B of Section 1-106 of Title 63 of the Oklahoma
Statutes and in conformity with t he requirements of
Section 1-233 of Title 63 of the Oklahoma Statutes,
the limits of the liability shall be Two Hundred
Thousand Dollars ($200,000.00) ;, or
3. c. One Million Dollars ($1,000,000.00) for any number of
claims arising out of a single occur rence or accident.
2. a. The court shall award court costs and reasonable
attorney and expert witness fees to a prevail ing
plaintiff in any trial or appellate proceeding under
The Governmental Tort Claims Act.
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b. The court may award reasonable attorney and expert
witness fees to a defendant who prevails in an action
under The Governmental Tort Claims Act if the court
determines that the plaint iff had no reasonable basis
for asserting a claim or appealing an adverse dec ision
of a trial court or administrativ e law judge. Fees
awarded under this subparagraph shall not exceed
Twenty-five Thousand Dollars ($25,000.00).
B. 1. Beginning on May 28, 2003, claims shall be allowed for
wrongful criminal felony conviction res ulting in imprisonment if the
claimant has received a full pardon on the basis of a written
finding by the Governor of actual innocence for th e crime for which
the claimant was sentenced or has been granted judicial reli ef
absolving the claimant of guilt on the basis of actual innocence of
the crime for which the claimant was sentenced. The Governor or the
court shall specifically state, in the pardon or order, the evidence
or basis on which the finding of actual innocen ce is based.
2. As used in paragrap h 1 of this subsection, for a claimant to
recover based on “actual innocence”, the individual must meet the
following criteria:
a. the individual was charged, by indictment or
information, with the commission of a public offense
classified as a felony,
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b. the individual did not plead guilty to the offense
charged, or to any lesser included offense, but was
convicted of the offense,
c. the individual was sentenced to incarceration for a
term of imprisonment as a result of the conviction,
d. the individual was imprisoned solely on the basis of
the conviction for the offense, and
e. (1) in the case of a pardon, a determination was made
by either the Pardon and Parole Board or the
Governor that the offense for which the
individual was convicted, sentenced and
imprisoned, including any lesser offenses, wa s
not committed by the individual, or
(2) in the case of judicial relief, a court of
competent jurisdiction found by clear and
convincing evidence that the offense for which
the individual was convicted, sentenced and
imprisoned, including any lesser included
offenses, was not committed by the individual and
issued an order vacating, dismissing or rever sing
the conviction and sentence and providing that no
further proceedings can be or will be held
against the individual on any facts and
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circumstances alleged in the proceedings which
had resulted in the conviction.
3. A claimant shall not be entitled to compensation for any
part of a sentence in prison during which the claimant w as also
serving a concurrent sentenc e for a crime not covered by this
subsection.
4. The total liability of the state and its political
subdivisions on any claim within the scop e of The Governmental Tort
Claims Act arising out of wrongful criminal felony conviction
resulting in imprisonment shall not exceed One Hundred Seventy -five
Thousand Dollars ($175,000.00).
5. The provisions of this subsection shall apply to convictions
occurring on or before May 28, 2003, as well as convictions
occurring after May 28, 2003. If a court of competent j urisdiction
finds that retroactive application of this subsection is
unconstitutional, the prospective application of this subsection
shall remain valid.
C. No award for damages in an action or any claim against the
state or a political subdivision shall include punitive or exemplary
damages.
D. When the amount awarded to or settled upon multiple
claimants exceeds the limitations of this secti on, any party may
apply to the district court which has jurisdiction of the ca use to
apportion to each claimant th e claimant’s proper share of the total
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amount as limited herein. The share apportioned to each claimant
shall be in the proportion that the r atio of the award or settlement
made to him bears to the aggregate awards and settlements for all
claims against the state or its political subdivisions aris ing out
of the occurrence. When the amount of the aggregate losses
presented by a single claimant exceeds the limits of paragraph 1 or
2 of subsection A of this section, each p erson suffering a loss
shall be entitled to that person’s proportionate share.
E. The total liability of resident physicians and interns while
participating in a graduate medica l education program of the
University of Oklahoma College of Medicine, its aff iliated
institutions and the Oklahoma College of Osteopathic Medicine and
Surgery shall not exceed One Hundred Thousand Dollars ($100,000.00).
F. The state or a political subdiv ision may petition the court
that all parties and actions arising out of a sin gle accident or
occurrence shall be joined as provided b y law, and upon order of the
court the proceedings upon good cause shown shall be continued for a
reasonable time or until such joinder has been completed. The state
or political subdivision shall be allowed to interplead in any
action which may impose on it any duty or liabili ty pursuant to The
Governmental Tort Claims Act.
G. The liability of the state or political subdiv ision under
The Governmental Tort Claims Act shall be several from that of any
other person or entity, and the sta te or political subd ivision shall
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only be liable for that percentage of total damages that corresponds
to its percentage of total negligence. Nothing in this section
shall be construed as increasing the liability limits imposed on the
state or political subdivision under The Governmental Tort Clai ms
Act.
SECTION 3. AMENDATORY 51 O.S. 2021, Section 155, as
amended by Section 21, Chapter 228, O.S.L. 2022 (51 O.S. Supp. 2023,
Section 155), is amend ed to read as follows:
Section 155. The Unless the court finds by a preponderance of
the evidence that a loss or claim was the result of corruption,
fraud, gross negligence, or willful misconduct, 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 thi s title;
3. Execution or enforcement of the lawful order s 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 pro vision, ordinance, resolution, ru le, regulation
or written policy;
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5. Performance of or the failure to exercis e or perform any act
or service which is in the discretion of the state or political
subdivision or its employees;
6. Civil disobedience, riot, in surrection or rebellion or the
failure to provide, or the method of providing, police, l aw
enforcement or fire protection;
7. Any claim based on the theory of attractiv e 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 affirm atively 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 property of the state or political
subdivision;
11. Assessment or c ollection of taxes or special assessments,
license or registration fees, or other fees or charges imposed by
law;
12. Licensing powers or functions including, but no t limited
to, the issuance, denia l, suspension or revocation of or failure or
refusal to issue, deny, suspend or revoke any permit, l icense,
certificate, approval, order o r similar authority;
13. Inspection powe rs 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 complies with or
violates any law or cont ains a hazard to health or safety, or fails
to conform to a recognized standa rd;
14. Any loss to any person covered by any worker s’ compensation
act or any employer’s liability act;
15. Absence, condition, locatio n or malfunction of any traffic
or road sign, signal or warning device unless the absen ce,
condition, location or malf unction 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 partie s, action of
weather elements or as a result of traffic collision except on
failure of the state or p olitical subdivision to correct the same
within a reasonable time afte r actual or constructive notice.
Nothing herein shall give rise to liability arising f rom 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 conn ection with
hazards normally connected with the use of roadways or public way s
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;
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18. An act or omiss ion of an independent contracto r or
consultant or his or her employees, agents, subcontr actors 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 custody of an
employee unless the loss was sustained because of the negligence o r
wrongful act or omissio n of the employee;
20. Participation in or pract ice for any interscholastic or
other athletic contest sponsored or conducted by or on t he 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 groun ds 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 property and facilities
made available for public re creation before or after normal school
hours or on weekends or school vacations, except th ose claims
resulting from willful and wanton a cts of negligence. For purpose s
of this paragraph:
a. “public” includes, but is not lim ited 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 unorgani zed, undertaken
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for exercise, relaxation, diversion, sport o r
pleasure, and that is not otherwise cov ered by
paragraph 20 or 21 of this sec tion;
23. Any court-ordered, Department of Corrections or county
approved work release program; provided, however, this provision
shall not apply to claims from individuals n ot in the custody of the
Department of Corrections based on accidents involving m otor
vehicles owned or operated by the De partment of Corrections;
24. The activities of the state military forces when on state
active duty orders or on Title 32 active duty orders;
25. Provision, equipping, operatio n or maintenance of any
prison, jail or correctional facility, or injuries resulting from
the parole or escape of a prisoner or injuries by a prisoner to any
other prisoner; provided, however, this provision shal l 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, operati on or maintenance of any
juvenile detention facility, or injuries resulting fro m the escape
of a juvenile detainee, or injuries by a juvenile de tainee to any
other juvenile detainee;
27. Any claim or action based on the theory of manufacturer ’s
products liability or breach of warranty, e ither expressed or
implied;
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28. Any claim or action based on the t heory 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 contract with a contract operator or a ny
railroad operating in interstate commerce that sells a property
interest or provides services to a regional transportation
authority, or allows the regional transportation authority to use
the railroad’s property or tracks for t he provision of public
passenger rail service, providing for the all ocation of financial
responsibility, indemni fication, or the procurement of insurance for
the parties for all types of claims or damages, provided that fund s
have been appropriated to cove r the resulting contractu al obligation
at the time the contract is executed. The acquisition of commercial
liability insurance to cover the activities of the regional
transportation authority, contract operator or railroad shall not
operate as a waiver of any of the liabilities, immunities or
defenses provided for politic al subdivisions pursuant to the
provisions of The Governmental Tort Claims Act. A contract entered
into under this paragraph shall not affect rights of emp loyees under
the Federal Employers Liability Act or the F ederal Railway Labor
Act;
29. Any claim based upon an act or omission of an employee i n
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 porti on
thereof unless the claimant presents evi dence which establishes
either that the stat e failed to warn of the unsafe condition or that
the loss would not have occurred but for a negligent affirmativ e act
of the state;
32. Any confirmation of the existenc e or nonexistence of a ny
effective financing statement on file in the office of the Sec retary
of State made in good faith by an employee of the office of the
Secretary of State as required by the pro visions of Section 1-9-
320.6 of Title 12A of the Oklahoma Statutes;
33. Any court-ordered community sentence;
34. Remedial action and any subs equent related maintenance of
property pursuant to and in compliance with an authorized
environmental remediatio n program, order, or requi rement 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 facilit y opened to the general public
during an emergency.
SECTION 4. This act shall become effective November 1, 2024.
59-2-2712 TEK 1/9/2024 10:57:46 AM