Okla. Stat. tit. 74, § 74-85.58O

liability insurance - Limitation of liability.

A. The Risk Management Administrator, pursuant to the

provisions of this section and Section 85.58A of Title 74 of the

Oklahoma Statutes, may obtain or provide insurance coverage for any

public transit vehicle obtained by a community action agency or a

substate planning district through the Department of Transportation

pursuant to a federal grant and may obtain or provide indemnity

coverage for any official or employee of the community action agency

or a substate planning district for any errors and omissions or

liability risks arising from the performance of official duties

pursuant to law.

B. The Risk Management Administrator, pursuant to the

provisions of this section and Section 85.58A of Title 74 of the

Oklahoma Statutes, may obtain or provide insurance coverage for any

building used for public transit services or for storage of public

transit vehicles if the public transit vehicles are obtained as

provided in subsection A of this section. If a public transit

vehicle obtained as provided for in subsection A of this section is

Oklahoma Statutes - Title 74. State Government Page 225

housed in a building with any department or unit of local

governmental entities, the Risk Management Administrator may also

obtain or provide building or structure insurance coverage for such

department or unit in such building.

C. The Risk Management Administrator is authorized to determine

eligibility criteria for participation pursuant to this section in

the Risk Management Program for a community action agency or a

substate planning district or for officers or employees of a

community action agency or a substate planning district. In

addition, the Risk Management Administrator is authorized to

establish equipment and safety standards for the vehicles or

buildings to be covered by the Risk Management Program pursuant to

this section.

D. Requests for the insurance or indemnity coverage provided

pursuant to the provisions of this section shall be submitted in

writing to the Risk Management Administrator by the community action

agency or a substate planning district. Any community action agency

or a substate planning district meeting eligibility criteria shall

be approved for participation in the Risk Management Program by the

Risk Management Administrator if the officers and employees and the

vehicles and buildings used by the participating community action

agency or a substate planning district meet the equipment and safety

standards and eligibility requirements established by the Risk

Management Administrator.

E. Any insurance or indemnity coverage shall be obtained or

provided solely from funds available in the shared risk pool

authorized by Section 3 of this act. Any coverage limits shall be

based on the liquidity of the shared risk pool resulting from the

annual payments made pursuant to Section 85.58M of Title 74 of the

Oklahoma Statutes and any interest accrued thereon, after deduction

of such sums as may be necessary to pay all overhead and

administrative expenses associated with administering the pool.

F. Any limited indemnity coverage provided for errors and

omissions pursuant to the provisions of this section shall only

cover errors or omissions made by an official or employee of a

community action agency or a substate planning district provided for

in subsection A of this section occurring on or after the effective

date of this act.

G. Notwithstanding the provisions of the Governmental Tort

Claims Act, the State of Oklahoma is not liable, directly or

indirectly, for the errors and omissions of any official or employee

of any community action agency or a substate planning district

provided for in subsection A of this section in the performance of

official duties pursuant to law. The State of Oklahoma is not

liable, directly or indirectly, for the negligence of any community
Tort

Claims Act, the State of Oklahoma is not liable, directly or

indirectly, for the errors and omissions of any official or employee

of any community action agency or a substate planning district

provided for in subsection A of this section in the performance of

official duties pursuant to law. The State of Oklahoma is not

liable, directly or indirectly, for the negligence of any community

action agency or a substate planning district provided for in

subsection A of this section.

Oklahoma Statutes - Title 74. State Government Page 226

H. In providing risk management services for any community

action agency or a substate planning district provided for in

subsection A of this section or official or employee of the

community action agency or a substate planning district, it is the

intention of the Legislature to provide coverage solely to the

extent of assets in the shared risk pool created by Section 3 of

this act.

I. Any liability insurance coverage obtained or provided shall

include expenses for legal services obtained or provided by the Risk

Management Administrator.