SB 935 — Counties; creating the Citizen Access to County Facilities Act. Effective date.

STATESENATE OFFLOOR OKLAHOMAVERSION 2February 1st11, Session2025 of the 60th Legislature (2025) 3 SENATE BILL 935NO. By:

Jett935 4By: 5 AS INTRODUCED 7 An Act relating to counties;

Jett 5 An Act relating to counties;

Req.2.

No.“County facilities” means buildings or lands owned and maintained by a county that include, but are not limited to:

1549SENATE FLOOR VERSION - SB935 SFLR Page 1 2.(Bold face denotes Committee Amendments) a.

“County facilities” means buildings or lands owned and 2 maintained by a county that include, but are not limited to:

3 a.

senior center, 5 c.

barn, and 6 d.

7 3.

“Inherent risks of an activity using county facilities” means those dangers or conditions that are inherent in an event or 9 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.

In addition to any limitations of liability afforded pursuant to The Governmental Tort Claims Act and except as provided in subsection B of this section, a county shall not be liable for Req.injury to or death of a participant resulting from the inherent risks of an activity using county facilities, so long as the warning SENATE FLOOR VERSION - SB935 SFLR Page 2 (Bold face denotes Committee Amendments) contained in Section 4 of this act is posted as required and, except as provided in subsection B of this section, no participant 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.

No.In any action for damages against a county for an activity using county facilities, the county must plead the affirmative defense of assumption of the inherent risks of an activity using county facilities by the participant.

1549 Page 2 injury to or death of a participant resulting from the inherent 2 risks of an activity using county facilities, so long as the warning 3 contained in Section 4 of this act is posted as required and, except as provided in subsection B of this section, no participant or 5 participant’s representative can maintain an action against or 6 recover damages from a county for injury, loss, damage, or death of 7 the participant resulting exclusively from any of the inherent risks of an activity using county facilities.

In any action for damages 9 against a county for an activity using county facilities, the county must plead the affirmative defense of assumption of the inherent risks of an activity using county facilities by the participant.

Req.C.

No.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.

1549SENATE FLOOR VERSION - SB935 SFLR Page 3 C.(Bold face denotes Committee Amendments) D.

AnyThe limitationdistrict onattorney legalshall liabilitybe affordedallowed byto thisissue sectionan 2indemnification toof alimited countyliability isfor inthe additionfair touse anyof othercounty limitationsfacilities offor legala 3county liabilitywithin otherwisehis providedor byher law.district.

D.SECTION 4.

TheNEW districtLAW attorneyA shallnew besection allowedof law to issuebe ancodified 5in indemnificationthe ofOklahoma limitedStatutes liabilityas forSection the420.3 fairof useTitle of19, countyunless 6there facilitiesis forcreated a countyduplication withinin hisnumbering, orreads heras district.follows:

7 SECTION 4.

NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 420.3 of Title 19, unless there 9 is created a duplication in numbering, reads as follows:

Req.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 SENATE FLOOR VERSION - SB935 SFLR Page 4 (Bold face denotes Committee Amendments) contribute to your injury or death.

No.You are assuming the risk of participating in this activity using county facilities.” C.

1549Failure Pageto 4comply Inherentwith risksthe ofrequirements activitiesconcerning usingwarning countysigns facilities include, among 2 others, risks of injury inherent to land and equipment,notices asprovided wellin asthis 3section theshall potentialprevent for you to act in a negligentcounty mannerfrom thatinvoking maythe contributeprivileges toof yourimmunity injuryprovided orby death.this act.

YouSECTION are5. assuming the risk of 5 participating in this activity using county facilities.” 6 C.

Failure to comply with the requirements concerning warning 7 signs and notices provided in this section shall prevent a county from invoking the privileges of immunity provided by this act.

9 SECTION 5.

60-1-1549COMMITTEE MSBBREPORT 1/19/2025BY: 5:46:18 AM Req.

No.COMMITTEE ON LOCAL AND COUNTY GOVERNMENT February 11, 2025 - DO PASS SENATE FLOOR VERSION - SB935 SFLR Page 5 (Bold face denotes Committee Amendments)

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