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SENATE FLOOR VERSION
February 11, 2025
SENATE BILL NO. 935 By: Jett
An Act relating to counties; creating the Citizen
Access to County Facilities Act ; providing short
title; defining terms; exempting counties from
certain liability; providing exceptions; requiring
certain warning notice; clarifying certain rights;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 420 of Title 19, unless there is
created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Citizen Access
to County Facilities Act ”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 420.1 of Title 19, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “County” means a county, county officer, or county employee ;
2. “County facilities” means buildings or lands owned and
maintained by a county that include, but are not limited to:
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a. park,
b. senior center,
c. barn, and
d. fairground;
3. “Inherent risks of an activity using county facilities ”
means those dangers or conditions that are inherent in an event or
activity, including certain hazards, surface and subsurface
conditions, natural conditions of land, vegetation, and waters, and
ordinary dangers of structures or equipment present in county
facilities. Inherent risks of activity using county facilities also
include the potential of a participant to act in a negligent manner
that may contribute to the injury to the participant or others,
including failure to follow instructions given by the county or
failing to exercise reasonable caution; and
4. “Participant” means any person, other than a county officer
or county employee.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 420.2 of Title 19, unl ess there
is created a duplication in numbering, reads as follows:
A. In addition to any limitations of liability afforded
pursuant to The Governmental Tort Claims Act and e xcept as provided
in subsection B of this section, a county shall not be liable fo r
injury to or death of a participant resulting from the inherent
risks of an activity using county facilities , so long as the warning
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contained in Section 4 of this act is posted as required and, except
as provided in subsection B of this section, no part icipant or
participant’s representative can maintain an action against or
recover damages from a county for injury, loss, damage, or death of
the participant resulting exclusively from any of the inherent risks
of an activity using county facilities . In any action for damages
against a county for an activity using county facilities, t he county
must plead the affirmative defense o f assumption of the inherent
risks of an activity using county facilities by the participant.
B. Nothing in subsection A of this section prevents or limits
the liability of a county if the county does either or both of the
following:
1. Commits an act or omission that constitutes willful or
wanton disregard for the safety of the participant, and that act or
omission proximately ca uses injury, damage, or death to the
participant; or
2. Has actual knowledge or reasonably should have known of a
dangerous condition present at county facilities used in the
activity and does not make the danger known to the participant, and
the danger proximately causes injury, damage, or death to the
participant.
C. Any limitation on legal liability afforded by this section
to a county is in addition to any other limitations of legal
liability otherwise provided by law.
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D. The district attorney shall be allowed to issue an
indemnification of limited liability for the fair use of county
facilities for a county within his or he r district.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 42 0.3 of Title 19, unless there
is created a duplication in numbering, reads as follows:
A. Every county shall post and maintain signs that contain the
warning notice specified in subsection B of this section. The sign
shall be placed in a clearly visible location at the entrance or
entrances to county facilities and at the site of the activity using
county facilities. The warnin g notice shall consist of a sign in
black letters, with each letter to be a minimum of one (1) inch in
height. Every written con tract entered into by a county for the
providing of county facilities for an activity shall contain in
clearly readable print the warning notice specified in subsection B
of this section.
B. The signs and contracts described in subsection A of this
section must contain the following notice of warning:
“WARNING:
Under Oklahoma law, there is no liability for an injury to or
death of a participant at an activity using county facilities.
Inherent risks of activities using county facilities include, among
others, risks of injury inherent to land and equipment, as well as
the potential for you to act in a negligent manner that may
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contribute to your injury or death. You are assuming the risk of
participating in this activity using county facilities. ”
C. Failure to comply with the requirements concerning warning
signs and notices provided in this section shall prevent a county
from invoking the privileges of immunity provided by this act.
SECTION 5. NEW LAW A new section of law to be codi fied
in the Oklahoma Statutes as Section 420.4 of Title 19, unless there
is created a duplication in numbering, reads as follows:
The rights of Oklahomans to use county facilities shall not be
prohibited by any county in this state. All activities using c ounty
facilities shall be conducted pursuant to law and in compliance with
health and safety zoning requirements, as well as he alth and safety
regulations.
SECTION 6. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: C OMMITTEE ON LOCAL AND COUNTY GOVERNMENT
February 11, 2025 - DO PASS