Bill Text For HB1542 - Enrolled

ENROLLED HOUSE

BILL NO. 1542                       By: Moore, Pittman, and Newton of the House

 

                                               and

 

                                        Stanley of the Senate

 

 

 

 

 

 

An Act relating to torts; defining terms; providing immunity from civil liability for restaurants that donate food; providing exceptions; providing date for application of immunity to civil actions; providing for codification; and providing an effective date.

 

 

 

 

SUBJECT:  Torts

 

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 33.1 of Title 76, unless there is created a duplication in numbering, reads as follows:

 

A.  As used in this section:

 

1.  "Food" means unserved perishable, salvageable food that has been properly preserved for human consumption; and

 

2.  "Restaurant" means any eating establishment regardless of seating capacity including public school district cafeterias.

 

B.  Any restaurant that, in good faith and without compensation, donates food which is prepared and subsequently donated by the restaurant shall not be liable for damages caused by the condition of the food, unless the damages by the restaurant result from an intentional act, omission, gross negligence or the restaurant knew or should have known of the condition of the food that resulted in the damages.

 

C.  This section shall apply to all civil actions filed on or after November 1, 2023.

 

SECTION 2.  This act shall become effective November 1, 2023.

 

Passed the House of Representatives the 7th day of March, 2023.

 

 

 

                            

                                   Presiding Officer of the House

                                               of Representatives

 

 

 

Passed the Senate the 17th day of April, 2023.

 

 

 

                             

                                  Presiding Officer of the Senate

 

 

 

OFFICE OF THE GOVERNOR

Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.

By: _________________________________

Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.

 

 

                                  _________________________________

                                  Governor of the State of Oklahoma

 

OFFICE OF THE SECRETARY OF STATE

Received by the Office of the Secretary of State this __________ day of ___________________, 20_______, at _______ o'clock _______ M.

By: _________________________________

 

© 2010-24 Quorum Call, LLC. ALL RIGHTS RESERVED.

As provided by this agreement access to bill tracking / capitol news services is restricted to the registered User. The User shall have no right to divulge, publish, loan, give or sell any of the information provided under this agreement. Information retrieved from system may not be reproduced, transmitted, transcribed, stored in a retrieval system or translated into any language in any form by any means without the written permission of Quorum Call, LLC. All other rights reserved. If a person uses a copyrighted work without permission of the rights holder, he or she is open to a charge of copyright infringement. Additional terms and conditions governing the access to and use of Quorum Call website and the services and materials provided by Quorum Call are set forth in the Quorum Call Subscriber Agreement posted on the Quorum Call website.