| 38 | 64 | | |
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| 39 | 65 | | An Act relating to counties; creating the Citizen |
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| 40 | 66 | | Access to County Facilities Act ; providing short |
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| 41 | 67 | | title; defining terms; exempting counties from |
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| 42 | 68 | | certain liability; providing exceptions; requiring |
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| 43 | 69 | | certain warning notice; clarifying certain rights; |
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| 44 | 70 | | providing for codification; and providing an |
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| 45 | 71 | | effective date. |
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| 46 | 72 | | |
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| 47 | 73 | | |
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| 48 | 74 | | |
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| 49 | 75 | | |
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| 50 | 76 | | |
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| 51 | 77 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 52 | 78 | | SECTION 1. NEW LAW A new section of law to be codified |
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| 53 | 79 | | in the Oklahoma Statutes as Section 420 of Title 19, unless there is |
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| 54 | 80 | | created a duplication in numbering, reads as follows: |
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| 55 | 81 | | This act shall be known and may be cited as the “Citizen Access |
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| 56 | 82 | | to County Facilities Act”. |
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| 57 | 83 | | SECTION 2. NEW LAW A new section of law to be codified |
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| 58 | 84 | | in the Oklahoma Statutes as Section 420.1 of Title 19, unless there |
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| 59 | 85 | | is created a duplication in numbering, reads as follows: |
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| 60 | 86 | | As used in this act: |
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| 61 | 87 | | 1. “County” means a county, county officer, or county employee; |
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| 91 | 141 | | a. park, |
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| 92 | 142 | | b. senior center, |
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| 93 | 143 | | c. barn, and |
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| 94 | 144 | | d. fairground; |
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| 95 | 145 | | 3. “Inherent risks of an act ivity using county facilities ” |
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| 96 | 146 | | means those dangers or conditions that are inherent in an event or |
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| 97 | 147 | | activity, including certain hazards, surface and subsurface |
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| 98 | 148 | | conditions, natural conditions of land, vegetation, and waters, and |
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| 99 | 149 | | ordinary dangers of structures or equipment present in county |
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| 100 | 150 | | facilities. Inherent risks of activity using county facilities also |
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| 101 | 151 | | include the potential of a participant to act in a negligent manner |
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| 102 | 152 | | that may contribute to the injury to the participant or others, |
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| 103 | 153 | | including failure to fo llow instructions given by the county or |
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| 104 | 154 | | failing to exercise reasonable caution; and |
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| 105 | 155 | | 4. “Participant” means any person, other than a county officer |
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| 106 | 156 | | or county employee. |
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| 107 | 157 | | SECTION 3. NEW LAW A new section of law to be codified |
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| 108 | 158 | | in the Oklahoma Statutes as Section 420.2 of Title 19, unless there |
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| 109 | 159 | | is created a duplication in numbering, reads as follows: |
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| 110 | 160 | | A. In addition to any limitations of liability afforded |
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| 111 | 161 | | pursuant to The Governmental Tort Claims Act and e xcept as provided |
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| 112 | 162 | | in subsection B of this section, a county shall not be liable for |
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| 142 | 216 | | contained in Section 4 of this act is posted as required and, except |
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| 143 | 217 | | as provided in subsection B of this section, no participant or |
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| 144 | 218 | | participant’s representative can maintain an action against or |
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| 145 | 219 | | recover damages from a county for injury, loss, damage, or death of |
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| 146 | 220 | | the participant resulting exclusively from any of the inherent r isks |
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| 147 | 221 | | of an activity using county facilities . In any action for damages |
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| 148 | 222 | | against a county for an activity using county facilities, t he county |
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| 149 | 223 | | must plead the affirmative defense of assumption of the inherent |
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| 150 | 224 | | risks of an activity using county facilities by th e participant. |
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| 151 | 225 | | B. Nothing in subsection A of this section prevents or limits |
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| 152 | 226 | | the liability of a county if the county does either or both of the |
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| 153 | 227 | | following: |
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| 154 | 228 | | 1. Commits an act or omission that constitutes willful or |
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| 155 | 229 | | wanton disregard for the safety of the pa rticipant, and that act or |
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| 156 | 230 | | omission proximately causes injury, damage, or death to the |
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| 157 | 231 | | participant; or |
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| 158 | 232 | | 2. Has actual knowledge or reasonably should have known of a |
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| 159 | 233 | | dangerous condition present at county facilities used in the |
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| 160 | 234 | | activity and does not make the danger known to the participant, and |
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| 161 | 235 | | the danger proximately causes injury, da mage, or death to the |
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| 162 | 236 | | participant. |
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| 193 | 291 | | D. The district attorney shall be allowed to issue an |
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| 194 | 292 | | indemnification of limited liability for the fair use of county |
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| 195 | 293 | | facilities for a county within his or her district. |
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| 196 | 294 | | SECTION 4. NEW LAW A new section of law to be codified |
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| 197 | 295 | | in the Oklahoma Statutes as Section 420.3 of Title 19, unless ther e |
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| 198 | 296 | | is created a duplication in numbering, reads as follows: |
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| 199 | 297 | | A. Every county shall post and maintain signs that contain the |
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| 200 | 298 | | warning notice specified in subsection B of this sectio n. The sign |
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| 201 | 299 | | shall be placed in a clearly visible location at the entrance or |
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| 202 | 300 | | entrances to county facilities and at the site of the activity using |
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| 203 | 301 | | county facilities. The warning notice shall consist of a sign in |
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| 204 | 302 | | black letters, with each letter to be a min imum of one (1) inch in |
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| 205 | 303 | | height. Every written contract entered into by a coun ty for the |
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| 206 | 304 | | providing of county facilities for an activity shall contain in |
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| 207 | 305 | | clearly readable print the warning notice specified in subsection B |
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| 208 | 306 | | of this section. |
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| 209 | 307 | | B. The signs and contracts described in subsection A of this |
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| 210 | 308 | | section must contain the following notice of warning: |
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| 211 | 309 | | “WARNING: |
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| 212 | 310 | | Under Oklahoma law, there is no liability for an injury to or |
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| 213 | 311 | | death of a participant at an activity using county facilities. |
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| 244 | 366 | | contribute to your injury or death. You are assuming the risk of |
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| 245 | 367 | | participating in this activity using county facilities. ” |
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| 246 | 368 | | C. Failure to comply with the requirements concerning warning |
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| 247 | 369 | | signs and notices provided in this section shall prevent a county |
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| 248 | 370 | | from invoking the privileges of immunity provided by this act. |
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| 249 | 371 | | SECTION 5. NEW LAW A new section of law to be codified |
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| 250 | 372 | | in the Oklahoma Statute s as Section 420.4 of Title 19, unless there |
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| 251 | 373 | | is created a duplication in numbering, reads as follows: |
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| 252 | 374 | | The rights of Oklahomans to use county facilities shall not be |
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| 253 | 375 | | prohibited by any county in this state. All activities using county |
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| 254 | 376 | | facilities shall be conducted pursuant to law and in compliance with |
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| 255 | 377 | | health and safety zoning requirements, as well as health and safety |
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| 256 | 378 | | regulations. |
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| 257 | 379 | | SECTION 6. This act shall become effective November 1, 2025. |
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