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 felony 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, rule, regulation or written policy;
5. Performance of or the failure to exercise or perform any act or service which is in the discretion of the 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 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 affirmatively caused by the negligent act of the state or a political subdivision;
9. Entry upon any property where that entry is expressly or implied authorized by law;
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 fees 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 similar authority;
13. Inspection powers or functions, including failure to make an inspection, review or approval, or making an inadequate or negligent inspection, review or approval of any property, real or personal, to determine whether the property complies with or violates any law or contains a hazard to health or safety, or fails to conform to a recognized standard;
14. Any loss to any person covered by any workers' compensation act or any employer's liability act;
15. Absence, condition, location or malfunction of any traffic or road sign, signal or warning device unless the absence, condition, location or malfunction 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 parties, action of weather elements or as a result of traffic collision except on failure of the state or political subdivision to correct the same within a reasonable time after actual 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 connection with hazards normally connected 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 barred by any other law;
17. Misrepresentation, if unintentional;
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 omission occurred;
19. Theft by a third 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 political 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 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 recreation before or after normal school hours or on weekends or school vacations, except those claims resulting from willful and wanton acts of negligence. For purposes of this paragraph:
23. Any court-ordered, Department of Corrections or county approved work release program; 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 vehicles owned or operated by the Department 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, operation 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 shall 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, operation or maintenance of any juvenile detention facility, or injuries resulting from the escape of a juvenile detainee, or injuries by a juvenile detainee to any other juvenile detainee;
27. Any claim or action based on the theory of manufacturer's products liability or breach of warranty, either expressed or implied;
28. Any claim or action based on the theory 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 any 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 the provision of public passenger rail service, providing for the allocation of financial responsibility, indemnification, or the procurement of insurance for the parties for all types of claims or damages, provided that funds have been appropriated to cover the resulting contractual 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 political subdivisions pursuant to the provisions of The Governmental Tort Claims Act. A contract entered into under this paragraph shall not affect rights of employees under the Federal Employers Liability Act or the Federal Railway Labor Act;
29. Any claim based upon an act or omission of an employee 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 condition or that the loss would not have occurred but for a negligent affirmative act of the state;
32. Any confirmation of the existence or nonexistence of any effective financing statement on file in the office of the 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 Statutes;
33. Any court-ordered community sentence;
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 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
37. Use of a public facility opened to the general public during an emergency.
Added by Laws 1978, c. 203, § 5, eff. July 1, 1978. Amended by Laws 1979, c. 203, § 1, emerg. eff. May 25, 1979; Laws 1984, c. 226, § 6, eff. Oct. 1, 1985; Laws 1986, c. 66, § 1, eff. Nov. 1, 1986; Laws 1987, c. 69, § 12; Laws 1988, c. 134, § 4, emerg. eff. April 19, 1988; Laws 1988, c. 241, § 2, eff. Nov. 1, 1988; Laws 1991, c. 55, § 2, eff. Sept. 1, 1991; Laws 1994, c. 290, § 60, eff. July 1, 1994; Laws 1997, c. 133, § 74, eff. July 1, 1999; Laws 2000, c. 371, § 174, eff. July 1, 2001; Laws 2003, c. 304, § 3, emerg. eff. May 28, 2003; Laws 2004, c. 381, § 1, emerg. eff. June 3, 2004; Laws 2009, c. 228, § 85, eff. Nov. 1, 2009; Laws 2012, c. 16, § 1, eff. Nov. 1, 2012; Laws 2013, c. 15, § 34, emerg. eff. April 8, 2013; Laws 2016, c. 273, § 3, eff. Nov. 1, 2016; Laws 2021, c. 241, § 3, eff. Nov. 1, 2021; Laws 2022, c. 228, § 21, emerg. eff. May 5, 2022.
NOTE: Laws 1984, c. 228, § 4 repealed by Laws 1985, c. 357, § 5, operative Oct. 1, 1985. Laws 2009, c. 98, § 12 repealed by Laws 2010, c. 2, § 24, emerg. eff. March 3, 2010. Laws 2012, c. 14, § 1 repealed by Laws 2013, c. 15, § 35, emerg. eff. April 8, 2013. Laws 2021, c. 12, § 29 repealed by Laws 2022, c. 228, § 22, emerg. eff. May 5, 2022.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 74 from July 1, 1998 to July 1, 1999.
Structure Oklahoma Statutes
§51-1. Beginning of term - Time of qualifying.
§51-3.1. Failure to qualify - Filling vacancy - Temporary appointment in case of military service.
§51-5. Rights of parties in contest.
§51-6. Officers and deputies not to hold other offices - Exemptions.
§51-10. Vacancies - Appointments - Special elections.
§51-11. Vacancy within thirty days of election.
§51-12.1. Deceased officer's spouse - Eligibility for appointment.
§51-13. How appointments made.
§51-14. Appointees to qualify.
§51-15. Term of appointed officer.
§51-18. Violating Sections 16 and 17 - Penalty.
§51-19. Successor to receive records, etc.
§51-20. Books turned over to successor before salary paid.
§51-21. Oaths, officers authorized to administer.
§51-22. Violations are misdemeanors.
§51-24.4. Directives interpreting county purchasing procedure to be issued.
§51-24A.2. Public policy - Purpose of act.
§51-24A.4. Record of receipts and expenditures.
§51-24A.5. Inspection, copying and/or mechanical reproduction of records - Exemptions.
§51-24A.7. Personnel records - Confidentiality - Inspection and copying.
§51-24A.8. Law enforcement records - Disclosure.
§51-24A.9. Personal notes and personally created material - Confidentiality.
§51-24A.10. Full disclosure of voluntarily supplied information.
§51-24A.10a. Oklahoma Medical Center - Market research and marketing plans - Confidentiality.
§51-24A.11. Library, archive or museum materials - Confidentiality.
§51-24A.13. Federal records - Confidentiality.
§51-24A.14. Personal communications relating to exercise of constitutional rights - Confidentiality.
§51-24A.15. Crop and livestock reports - Public warehouse financial statements - Confidentiality.
§51-24A.16. Educational records and materials - Confidentiality.
§51-24A.16a. Higher education – Donor or prospective donor information – Confidentiality.
§51-24A.17. Violations - Penalties - Civil liability.
§51-24A.18. Additional recordkeeping not required.
§51-24A.19. Research records - Confidentiality.
§51-24A.20. Records in litigation or investigation file - Access.
§51-24A.21. Increment district reports - Exemption from copying fees.
§51-24A.22. Public utilities - Confidential books, records and trade secrets.
§51-24A.25. Order of court for removal of materials from public record.
§51-24A.26. Intergovernmental self-insurance pools.
§51-24A.27. Vulnerability assessments of critical assets in water and wastewater systems.
§51-24A.28. Confidential information – Exceptions.
§51-24A.30. Court records – Confidentiality – Sealed records – Order requirement.
§51-24A.31. Confidential Wine Shipment Reports.
§51-24A.33. Contact information for people or entities responsible for property.
§51-36.1. Persons required to take oath or affirmation.
§51-36.2A. Form of loyalty oath or affirmation.
§51-36.3. Filing oath or affirmation - Blanks.
§51-36.4. Payment of compensation or expenses - Notice - Duty of certifying officer.
§51-36.5. False oath or affirmation.
§51-36.6. Violation of oath or affirmation.
§51-51. Liability to impeachment - Grounds for impeachment.
§51-52. Presiding officer of court of impeachment - Presentation of impeachment.
§51-53. Oath - Concurrence of Senators.
§51-54. Judgment - Criminal liability.
§51-56. Articles of impeachment.
§51-57. Designation of offense.
§51-58. Prosecution of impeachment - Board of managers.
§51-59. Court of impeachment - Organization.
§51-61. Witness - Evidence - Process.
§51-62. Powers of court of impeachment - Orders and judgments - Power to enforce.
§51-63. Fees for witnesses and executions of processes.
§51-65. Voting on judgment - Absence during trial.
§51-66. Costs - How paid - Cost of accused if acquitted.
§51-67. Recess - Trial after adjournment.
§51-68. Trial after adjournment - Per diem of Senators - How paid.
§51-69. Managers of trial - Powers of after-adjournment trial.
§51-71. Procedure - Vote - Records.
§51-91. Officers subject to removal.
§51-92. Supreme Court and district court - Jurisdiction.
§51-93. Official misconduct defined - Suspension.
§51-94. Attorney General - Duties.
§51-95. Speedy trial - Continuances.
§51-96. Summons and pleadings.
§51-97. Defendant guilty - Judgment of ouster.
§51-98. Suspension during proceedings - Temporary appointment - Right to salary.
§51-99. Name in which action commenced.
§51-100. Attorney General - Powers.
§51-102. Ouster proceedings for open and notorious violation of penal laws.
§51-104. Evidence on motion to suspend - Taking of depositions.
§51-105. Prima facie evidence.
§51-121. Declaration of policy.
§51-123. Agreements with federal agencies and agencies of other states.
§51-124. Contributions by state employees.
§51-127. Administrative appropriation.
§51-128. Rules and regulations.
§51-131. Referenda and certification.
§51-132. Withholding by board of education - Determination of coverage.
§51-152. See the following versions:
§51-152.1. Sovereign immunity.
§51-153. Liability - Scope - Exemptions - Exclusivity.
§51-155. Exemptions from liability.
§51-155.1. Claims relating to roads, streets or highways - Limitation.
§51-155.2. Liability of state for Y2K failure.
§51-156. Presentation of claim - Limitation of actions - Filing - Notice - Wrongful death.
§51-157. Denial of claim - Notice.
§51-158. Settlement or defense of claim – Settlement payout - Liability insurance - Public records.
§51-159. Enforcement of judgments.
§51-160. Recovery of payments from employees.
§51-163. Venue - Parties - Real party in interest - Service of process.
§51-164. Application of Oklahoma laws and statutes and rules of procedure.
§51-166. Governmental and proprietary functions of political subdivisions - Application of act.
§51-169. Counties - Insurance.
§51-171. Existing remedies, causes of action or claims not affected.
§51-172. Rural water supply and sewage disposal corporations - Insurance.
§51-200. Settlements - Legislative approval - Involvement of Attorney General.
§51-253. See the following versions:
§51-253v1. Burden upon free exercise of religion.
§51-253v2. Burden upon free exercise of religion.
§51-254. Correctional facility regulation - Compelling state interest.
§51-255. See the following versions:
§51-256. Remedies – Costs - Attorney Fees.