Okla. Stat. tit. 51, § 51-163 — OK Code / Title 51 / Section 51-163
Venue - Parties - Real party in interest - Service of
Status: in_force

process.

A. Venue for actions against the state within the scope of this

act shall be either the county in which the cause of action arose or

Oklahoma County, except that a constitutional state agency, board or

commission may, upon resolution filed with the Secretary of State,

designate another situs for venue in lieu of Oklahoma County.

B. Actions against all political subdivisions within the scope

of this act shall be brought in the county in which the situs of the

political subdivision is located or in the county in which the cause

of action arose; provided, any action brought against a municipality

which is an owner of a dam, based upon the construction,

maintenance, or operation of the dam, shall be brought in the county

where the dam or a major portion of the dam is located.

C. Suits instituted pursuant to the provisions of this act

shall name as defendant the state or the political subdivision

against which liability is sought to be established. In no instance

shall an employee of the state or political subdivision acting

within the scope of his employment be named as defendant with the

exception that suits based on the conduct of resident physicians and

Oklahoma Statutes - Title 51. Officers Page 118

interns shall be made against the individual consistent with the

provisions of Title 12 of the Oklahoma Statutes.

D. All actions against the state or political subdivision shall

be filed in the name of the real party or parties in interest, and

in no event shall any claim be presented nor recovery be made under

the right of subrogation.

E. In all actions against the state, service shall be perfected

by mailing, by certified mail, return receipt requested, a summons

and a copy of the petition to the Attorney General. Claimant shall

also mail, by certified mail, return receipt requested, a copy of

the summons and a copy of the petition to the administrative head of

the state agency or agencies involved and a copy of the summons and

a copy of the petition to the Risk Management Administrator of the

Purchasing Division of the Office of Management and Enterprise

Services.

F. In suits against political subdivisions the petition and

summons shall be served in the manner prescribed by law for civil

cases generally. If no method is prescribed by law, then service

may be had on the administrative head of the political subdivision

being sued, if available, and if not, the court in which the suit is

pending may authorize service in such manner as may be calculated to

afford the political subdivision a fair opportunity to answer and

defend the suit.

G. No attempt shall be made in the trial of any action brought

against the state or any political subdivision or employee within

the scope of this act to suggest the existence of any insurance

which covers in whole or in part any judgment or award which may be

rendered in favor of the plaintiff.
Okla. Stat. tit. 51, § 51-24A.8 — OK Code / Title 51 / Section 51-24A.8
Law enforcement records - Disclosure
Status: in_force

A. Law enforcement agencies shall make available for public

inspection and copying, if kept, the following records:

1. An arrestee description, including the name, date of birth,

address, race, sex, physical description, and occupation of the

arrestee;

2. Facts concerning the arrest, including the cause of arrest

and the name of the arresting officer;

3. A chronological list of all incidents, including initial

offense report information showing the offense, date, time, general

location, officer, and a brief summary of what occurred;

4. Radio logs, including a chronological listing of the calls

dispatched;

5. Conviction information, including the name of any person

convicted of a criminal offense;

6. Disposition of all warrants, including orders signed by a

judge of any court commanding a law enforcement officer to arrest a

particular person;

7. A crime summary, including an agency summary of crimes

reported and public calls for service by classification or nature

and number;

8. Jail registers, including jail blotter data or jail booking

information recorded on persons at the time of incarceration showing

the name of each prisoner with the date and cause of commitment, the

authority committing the prisoner, whether committed for a criminal

offense, a description of the prisoner, and the date or manner of

discharge or escape of the prisoner;

9. Audio and video recordings from recording equipment attached

to law enforcement vehicles or associated audio recordings from

recording equipment on the person of a law enforcement officer;

provided, the law enforcement agency may, before releasing any audio

or video recording provided for in this paragraph, redact or obscure

specific portions of the recording which:

a. depict the death of a person or a dead body, unless

the death was effected by a law enforcement officer,

Oklahoma Statutes - Title 51. Officers Page 33

b. depict nudity,

c. would identify minors under the age of sixteen (16)

years or would undermine any requirement to keep

certain juvenile records confidential as provided for

in Title 10A of the Oklahoma Statutes,

d. depict acts of severe violence resulting in great

bodily injury, as defined in Section 11-904 of Title

47 of the Oklahoma Statutes, against persons that are

clearly visible, unless the act of severe violence was

effected by a law enforcement officer,

e. depict great bodily injury, as defined in Section 11-

904 of Title 47 of the Oklahoma Statutes, unless the

great bodily injury was effected by a law enforcement

officer,

f. include personal medical information that is not

already public,

g. would undermine the assertion of a privilege provided

in Section 1-109 or Section 3-428 of Title 43A of the

Oklahoma Statutes for detention or transportation for

mental health evaluation or treatment or drug or

alcohol detoxification purposes,

h. include personal information other than the name or

license plate number of a person not arrested, cited,

charged or issued a written warning. Such personal

information shall include any government-issued

identification number, date of birth, address or

financial information, or

i. reveal the identity of law enforcement officers who

have become subject to internal investigation by the

law enforcement agency as a result of an event

depicted in the recording. The option to protect the

identity of a law enforcement officer shall not be

available to the law enforcement agency after the law

enforcement agency has concluded the investigation and

rendered a decision as to final disciplinary action.

At such time when an investigation has concluded and

the law enforcement agency has rendered its decision

as to final disciplinary action, the portions of the

recordings previously withheld as provided for in this

subparagraph shall be available for public inspection

and copying. The audio and video recordings withheld

as provided for in this subparagraph shall be

available for public inspection and copying before the

conclusion of the investigation if the investigation

lasts for an unreasonable amount of time; and

Oklahoma Statutes - Title 51. Officers Page 34

10. a. Audio and video recordings from recording equipment

attached to the person of a law enforcement officer

that depict:

(1) the use of any physical force or violence by a

law enforcement officer,

(2) pursuits of any kind,

(3) traffic stops,

(4) any person being arrested, cited, charged or

issued a written warning,

(5) events that directly led to any person being

arrested, cited, charged or receiving a written

warning,

(6) detentions of any length for the purpose of

investigation,

(7) any exercise of authority by a law enforcement

officer that deprives a citizen of his or her

liberty,

(8) actions by a law enforcement officer that have

become the cause of an investigation or charges

being filed,

(9) recordings in the public interest that may

materially aid a determination of whether law

enforcement officers are appropriately performing

their duties as public servants, or

(10) any contextual events occurring before or after

the events depicted in divisions (1) through (9)

of this subparagraph.

b. Notwithstanding the provisions of subparagraph a of

this paragraph, the law enforcement agency may, before

releasing any audio or video recording provided for in

this paragraph, redact or obscure specific portions of

the recording that:

(1) depict the death of a person or a dead body,

unless the death was effected by a law

enforcement officer,

(2) depict nudity,

(3) would identify minors under the age of sixteen

(16) years or would undermine any requirement to

keep certain juvenile records confidential as

provided for in Title 10A of the Oklahoma

Statutes,

(4) depict acts of severe violence resulting in great

bodily injury, as defined in Section 11-904 of

Title 47 of the Oklahoma Statutes, against

persons that are clearly visible, unless the act

of severe violence was effected by a law

enforcement officer,

Oklahoma Statutes - Title 51. Officers Page 35

(5) depict great bodily injury, as defined in Section

11-904 of Title 47 of the Oklahoma Statutes,

unless the great bodily injury was effected by a

law enforcement officer,

(6) include personal medical information that is not

already public,

(7) undermine the assertion of a privilege as

provided in Section 1-109 or Section 3-428 of

Title 43A of the Oklahoma Statutes for detention

or transportation for mental health evaluation or

treatment or drug or alcohol detoxification

purposes,

(8) identify alleged victims of sex crimes or

domestic violence,

(9) identify any person who provides information to

law enforcement or the information provided by

that person when that person requests anonymity

or where disclosure of the identity of the person

or the information provided could reasonably be

expected to threaten or endanger the physical

safety or property of the person or the physical

safety or property of others,

(10) undermine the assertion of a privilege to keep

the identity of an informer confidential as

provided for in Section 2510 of Title 12 of the

Oklahoma Statutes,

(11) include personal information other than the name

or license plate number of a person not

officially arrested, cited, charged or issued a

written warning. Such personal information shall

include any government-issued identification

number, date of birth, address or financial

information,

(12) include information that would materially

compromise an ongoing criminal investigation or

ongoing criminal prosecution, provided that:

(a) ten (10) days following the formal

arraignment or initial appearance, whichever

occurs first, of a person charged in the

case in question, the recording shall be

made available for public inspection and

copying with no redaction of the portions

that were temporarily withheld by reliance

on this division. Provided, before

potential release of a recording as provided

for in this subdivision, the prosecutor or

legal representative of the person charged

Oklahoma Statutes - Title 51. Officers Page 36

may request from the appropriate district

court an extension of time during which the

recording may be withheld under the

provisions of this division. When a request

for an extension of time has been filed with

the court, the recording in question may be

withheld until the court has issued a

ruling. Such requests for an extension of

the time during which the recording may be

withheld may be made on the grounds that

release of the recording will materially

compromise an ongoing criminal investigation

or criminal prosecution or on the grounds

that release of the recording will

materially compromise the right of an

accused to a fair trial that has yet to

begin. Courts considering such requests

shall conduct a hearing and consider whether

the interests of the public outweigh the

interests asserted by the parties. In

response to such requests, the court shall

order that the recording be made available

for public inspection and copying with no

redaction of the portions that were

temporarily withheld by reliance on this

division or order an extension of time

during which the recording may be withheld

under the provisions of this division.

Provided further, each such time extension

shall only be ordered by the court for an

additional six-month period of time or less

and cumulative time extensions shall not add

up to more than eighteen (18) months, or

(b) in the event that one hundred twenty (120)

days expire from the date of the events

depicted in the recording without any person

being criminally charged in the case in

question and release of a recording or

portions of a recording have been denied on

the grounds provided for in this division,

an appeal of such denial may be made to the

appropriate district court. In situations

where one hundred twenty (120) days have

expired since the creation of the recording,

criminal charges have not been filed against

a person and the recording is being withheld

on the grounds provided for in this

Oklahoma Statutes - Title 51. Officers Page 37

division, courts considering appeals to the

use of the provisions of this division for

temporarily withholding a recording shall

conduct a hearing and consider whether the

interests of the public outweigh the

interests of the parties protected by this

division. In response to such appeals, the

district court shall order that the

recording be made available for public

inspection and copying with no redaction of

the portions that were temporarily withheld

by reliance on this division or order an

extension of time during which the recording

may be withheld under the provisions of this

division. An order granting an extension of

time shall be applicable to the recording

against all appellants for the duration of

the extension. Provided, each such time

extension shall only be ordered by the

district court for an additional twelve-

month period of time or less and cumulative

time extensions shall not add up to more

than three (3) years. Provided, charges

being filed against a person in the case in

question automatically cancels any extension

of time. A new request for an extension of

time following an arraignment or initial

appearance may be requested by the parties

on the grounds and under the terms provided

for in subdivision (a) of this division.

The options presented in this division to

potentially withhold a recording or portions of a

recording on the grounds provided for in this

division shall expire in totality four (4) years

after the recording was made at which time all

recordings previously withheld on the grounds

provided for in this division shall be made

available for public inspection and copying, or

(13) reveal the identity of law enforcement officers

who have become subject to internal investigation

by the law enforcement agency as a result of an

event depicted in the recording. The option to

protect the identity of a law enforcement officer

shall not be available to the law enforcement

agency after the law enforcement agency has

concluded the investigation and rendered a

decision as to final disciplinary action. At

Oklahoma Statutes - Title 51. Officers Page 38

such time when an investigation has concluded and

the law enforcement agency has rendered its

decision as to final disciplinary action, the

portions of the recordings previously withheld as

provided for in this division shall be available

for public inspection and copying. The audio and

video recordings withheld on the grounds provided

for in this division shall be available for

public inspection and copying before the

conclusion of the investigation if the

investigation lasts for an unreasonable amount of

time.

B. 1. Except for the records listed in subsection A of this

section and those made open by other state or local laws, law

enforcement agencies may deny access to law enforcement records

except where a court finds that the public interest or the interest

of an individual outweighs the reason for denial. The provisions of

this section shall not operate to deny access to law enforcement

records if such records have been previously made available to the

public as provided in the Oklahoma Open Records Act or as otherwise

provided by law.

2. a. A law enforcement agency shall deny access to any

audio or video recording that depicts the death of a

law enforcement officer who was acting in the course

of his or her official duties including any related

acts or events immediately preceding or subsequent to

the acts or events that caused or otherwise relate to

the death, except where a court finds that the public

interest or the interest of an individual outweighs

the reason for denial. Provided, however, a law

enforcement agency may allow a family member of the

deceased law enforcement officer to hear or view such

audio or video recording under protocols established

by the law enforcement agency. For the purposes of

this subparagraph, "family member" means a spouse,

adult child, parent or sibling of the deceased law

enforcement officer.

b. Nothing in subparagraph a of this paragraph shall be

construed to prohibit the prosecution and defense

counsel from access to such audio or video recordings

or the use of such recordings as evidence in a legal

proceeding.

C. Nothing contained in this section imposes any new

recordkeeping requirements. Law enforcement records shall be kept

for as long as is now or may hereafter be specified by law. Absent

a legal requirement for the keeping of a law enforcement record for

Oklahoma Statutes - Title 51. Officers Page 39

a specific time period, law enforcement agencies shall maintain

their records for so long as needed for administrative purposes.

D. Registration files maintained by the Department of

Corrections pursuant to the provisions of the Sex Offenders

Registration Act shall be made available for public inspection in a

manner to be determined by the Department.

E. The Council on Law Enforcement Education and Training

(C.L.E.E.T.) shall keep confidential all records it maintains

pursuant to Section 3311 of Title 70 of the Oklahoma Statutes and

deny release of records relating to any employed or certified full-

time officer, reserve officer, retired officer or other person;

teacher lesson plans, tests and other teaching materials; and

personal communications concerning individual students except under

the following circumstances:

1. To verify the current certification status of any peace

officer;

2. As may be required to perform the duties imposed by Section

3311 of Title 70 of the Oklahoma Statutes;

3. To provide to any peace officer copies of the records of

that peace officer upon submitting a written request;

4. To provide, upon written request, to any law enforcement

agency conducting an official investigation, copies of the records

of any peace officer who is the subject of such investigation;

5. To provide final orders of administrative proceedings where

an adverse action was taken against a peace officer; and

6. Pursuant to an order of the district court of the State of

Oklahoma.

F. The Department of Public Safety shall keep confidential:

1. All records it maintains pursuant to its authority under

Title 47 of the Oklahoma Statutes relating to the Oklahoma Highway

Patrol Division, the Communications Division, and other divisions of

the Department relating to:

a. training, lesson plans, teaching materials, tests and

test results,

b. policies, procedures and operations, any of which are

of a tactical nature, and

c. the following information from radio logs:

(1) telephone numbers,

(2) addresses other than the location of incidents to

which officers are dispatched, and

(3) personal information which is contrary to the

provisions of the Driver's Privacy Protection

Act, 18 United States Code, Sections 2721 through

2725; and

2. For the purpose of preventing identity theft and invasion of

law enforcement computer systems, except as provided in Title 47 of

the Oklahoma Statutes, all driving records.

Oklahoma Statutes - Title 51. Officers Page 40
Okla. Stat. tit. 51, § 51-162 — OK Code / Title 51 / Section 51-162
Defense of employees - Costs - Indemnification of
Status: in_force

Oklahoma Statutes - Title 51. Officers Page 4employees - Punitive or exemplary damages - Privileges and

immunities not waived.

A. The state or any political subdivision, subject to

procedural requirements imposed by this section, other applicable

statute, ordinance, resolution, or written policy, shall:

1. Provide a defense for any employee as defined in Section 152

of this title when liability is sought for any violation of property

rights or any rights, privileges, or immunities secured by the

Constitution or laws of the United States when alleged to have been

committed by the employee while acting within the scope of

employment;

2. Pay or cause to be paid any judgment entered in the courts

of the United States, the State of Oklahoma or any other state

against any employee or political subdivision or settlement agreed

to by the political subdivision entered against any employee, and

any costs or fees, for a violation of property rights or any rights,

privileges or immunities secured by the Constitution or laws of the

United States which occurred while the employee was acting within

the scope of employment. The maximum aggregate amount of

indemnification paid directly from funds of the state or any

political subdivision to or on behalf of any employee pursuant to

this section shall not exceed the maximum figures authorized by the

provisions of Section 154 of this title, regardless of the number of

persons who suffer damage, injury or death as a result of the

occurrence, unless, in the case of a political subdivision, the

political subdivision establishes higher limits by ordinance, if a

municipality, or, as to other political subdivisions, by resolution,

published as required by law; and

3. For any cause of action filed against an employee on or

after January 1, 1990, post or cause to be posted any supersedeas or

other bond ordered by the court.

B. 1. The state or a political subdivision shall not be

required to indemnify any employee of the state or a political

subdivision under the provisions of this section, unless the

employee is judicially determined to be entitled to such

indemnification and a final judgment therefor is entered. The

exclusive means of recovering indemnification from the state shall

be by filing an application for indemnification in the district

court of the county where venue is proper as provided for in

paragraph 2 of this subsection. The exclusive means of recovering

indemnification from a political subdivision shall be by filing an

Oklahoma Statutes - Title 51. Officers Page 115

application for indemnification in the trial court where the

judgment was entered. If the federal trial court cannot hear the

action, such application shall be filed in the district court of the

county where the situs of the municipality is located. Actions to

determine entitlement to indemnification shall be tried to the

court, sitting without a jury.

2. Venue for actions to determine entitlement to

indemnification from the state shall be in Oklahoma County, except

that a constitutional state agency, board or commission may, upon a

resolution being filed with the Secretary of State, designate

another situs for venue in lieu of Oklahoma County.

3. All applications for indemnification from the state or a

political subdivision shall be filed in the name of the real party

or parties in interest, and in no event shall any application be

presented nor recovery made under the right of subrogation.

Indemnification from the state as provided for in this subsection

shall extend only to acts or omissions occurring on or after January

1, 1984. The employee of the state or a political subdivision must

file an application for indemnification within thirty (30) days of

final judgment, or the right to seek indemnification shall be lost

forever.

4. In order to recover indemnification from the state or a

political subdivision pursuant to this subsection, the court shall

determine by a preponderance of the evidence that:

a. the employee reasonably cooperated in good faith in

the defense of the action upon which the judgment or

settlement was awarded and for which indemnification

is sought;

b. the actions or omissions upon which such a judgment or

settlement has been rendered were not the result of

fraudulent conduct or corruption by the employee;

c. the employee, in committing the acts or omissions upon

which a judgment or settlement has been rendered was

acting in good faith and within any applicable written

administrative policies known to the employee at the

time of the omissions or acts alleged;

d. the employee was acting within the scope of employment

at the time that the acts or omissions upon which a

judgment or settlement has been rendered were

committed by the employee;

e. the acts or omissions of the employee upon which a

judgment or settlement has been rendered were not

motivated by invidious discriminatory animus directed

toward race, sex, or national origin; and

f. when punitive or exemplary damages are included in the

total award rendered against the employee of a

political subdivision, the indemnification amount

Oklahoma Statutes - Title 51. Officers Page 116

sought for fees and costs does not include amounts

attributable to the employee's defense against the

punitive or exemplary damages in accordance with

subsection D of this section.

5. a. Any indemnification judgment against the state under

this section shall be an encumbrance against otherwise

available unencumbered monies and unallocated

unencumbered monies in the appropriations of the

agency on whose behalf the employee to be indemnified

was acting at the time of the act or omission upon

which the judgment or settlement was awarded and for

which indemnification was sought.

b. If sufficient unencumbered monies or unallocated

unencumbered monies do not exist in the agency's

appropriations to pay the indemnification, the agency

shall make application to the Risk Management Division

of the Office of Management and Enterprise Services

for full payment of the indemnification out of the

Risk Management Revolving Fund established pursuant to

Section 85.58K of Title 74 of the Oklahoma Statutes.

Payment out of this fund shall be authorized if there

are sufficient monies greater than the sum total of

the then pending fund indemnification judgment

requests, and the reserves for future tort claims as

certified by the Director of Risk Management.

c. If sufficient monies do not exist in the Tort Claims

Liability Revolving Fund, the agency shall request the

Legislature to make an appropriation sufficient to pay

the indemnification.

d. Any indemnification judgment against a political

subdivision shall be paid as provided in Sections 361

through 365.6 of Title 62 of the Oklahoma Statutes and

Section 159 of this title.

C. The state or political subdivision shall have the right to

recover from an employee the amount expended by the state or

political subdivision to provide a defense, or pay a settlement

agreed to by the employee and the state or political subdivision, or

pay the final judgment, if it is shown that the employee's conduct

which gave rise to the action was fraudulent or corrupt or if the

employee fails to reasonably cooperate in good faith in defense of

the action.

D. The state or a political subdivision shall not, under any

circumstances, be responsible to pay or indemnify any employee for

any punitive or exemplary damages rendered against the employee, nor

to pay for any defense, judgment, settlement, costs, or fees which

are paid or covered by any applicable policy or contract of

insurance. Where any civil rights judgment upon which

Oklahoma Statutes - Title 51. Officers Page 117

indemnification under subsection B of this section is applied for by

an employee of the state includes an award for both actual and

punitive or exemplary damages, the total amount of fees and costs

for which indemnification may be allowed shall be limited to the

percentage of fees and costs in the total award that the percentage

of the award of actual damages bears to the total judgment awarded.

It is the public policy of the State of Oklahoma that the state or a

political subdivision may indemnify its employee for actual damages,

fees, and costs as provided herein in any case in which the findings

set out in paragraph B of this section have been determined.

E. Nothing in this section shall be construed to waive any

immunities available to the state under the terms of the Eleventh

Amendment to the Constitution of the United States. Any immunity or

other bar to a civil lawsuit under state or federal law shall remain

in effect. The fact that the state or a political subdivision may

relieve an employee from all judgments, settlements, costs, or fees

arising from the civil lawsuit shall not, under any circumstances,

be communicated to any trier of fact in the case of any trial by

jury.
Okla. Stat. tit. 51, § 51-152 — OK Code / Title 51 / Section 51-152
Definitions
Status: in_force

As used in The Governmental Tort Claims Act:

1. “Action” means a proceeding in a court of competent

jurisdiction by which one party brings a suit against another;

2. “Agency” means any board, commission, committee, department

or other instrumentality or entity designated to act in behalf of

the state or a political subdivision;

3. “Charitable health care provider” means a person who is

licensed, certified, or otherwise authorized by the laws of this

state to administer health care in the ordinary course of business

or the practice of a profession and who provides care to a medically

indigent person, as defined in paragraph 9 of this section, with no

expectation of or acceptance of compensation of any kind;

Oklahoma Statutes - Title 51. Officers Page 84

4. “Claim” means any written demand presented by a claimant or

the claimant’s authorized representative in accordance with The

Governmental Tort Claims Act to recover money from the state or

political subdivision as compensation for an act or omission of a

political subdivision or the state or an employee;

5. “Claimant” means the person or the person’s authorized

representative who files notice of a claim in accordance with The

Governmental Tort Claims Act. Only the following persons and no

others may be claimants:

a. any person holding an interest in real or personal

property which suffers a loss, provided that the claim

of the person shall be aggregated with claims of all

other persons holding an interest in the property and

the claims of all other persons which are derivative

of the loss, and that multiple claimants shall be

considered a single claimant,

b. the individual actually involved in the accident or

occurrence who suffers a loss, provided that the

individual shall aggregate in the claim the losses of

all other persons which are derivative of the loss, or

c. in the case of death, an administrator, special

administrator or a personal representative who shall

aggregate in the claim all losses of all persons which

are derivative of the death;

6. “Community health care provider” means:

a. a health care provider who volunteers services at a

community health center that has been deemed by the

U.S. Department of Health and Human Services as a

federally qualified health center as defined by 42

U.S.C., Section 1396d(l)(2)(B),

b. a health provider who provides services to an

organization that has been deemed a federally

qualified look-alike community health center, and

c. a health care provider who provides services to a

community health center that has made application to

the U.S. Department of Health and Human Services for

approval and deeming as a federally qualified look-

alike community health center in compliance with

federal application guidance, and has received

comments from the U.S. Department of Health and Human

Services as to the status of such application with the

established intent of resubmitting a modified

application, or, if denied, a new application, no

later than six (6) months from the date of the

official notification from the U.S. Department of

Health and Human Services requiring resubmission of a

new application;

Oklahoma Statutes - Title 51. Officers Page 85

7. “Employee” means any person who is authorized to act in

behalf of a political subdivision or the state whether that person

is acting on a permanent or temporary basis, with or without being

compensated or on a full-time or part-time basis.

a. Employee also includes:

(1) all elected or appointed officers, members of

governing bodies and other persons designated to

act for an agency or political subdivision, but

the term does not mean a person or other legal

entity while acting in the capacity of an

independent contractor or an employee of an

independent contractor,

(2) from September 1, 1991, through June 30, 1996,

licensed physicians, licensed osteopathic

physicians and Certified Nurse-Midwives providing

prenatal, delivery or infant care services to

State Department of Health clients pursuant to a

contract entered into with the State Department

of Health in accordance with paragraph 3 of

subsection C of Section 1-106 of Title 63 of the

Oklahoma Statutes but only insofar as services

authorized by and in conformity with the terms of

the contract and the requirements of Section 1-

233 of Title 63 of the Oklahoma Statutes, and

(3) any volunteer, full-time or part-time firefighter

when performing duties for a fire department

provided for in subparagraph j of paragraph 12 of

this section.

b. For the purposes of The Governmental Tort Claims Act,

the following are employees of this state, regardless

of the place in this state where duties as employees

are performed:

(1) physicians acting in an administrative capacity,

(2) resident physicians and resident interns

participating in a graduate medical education

program of the University of Oklahoma Health

Sciences Center, the Oklahoma State University

College of Osteopathic Medicine, a public trust

created pursuant to Section 3224 of Title 63 of

the Oklahoma Statutes and any sole member not-

for-profit corporation of the public trust and

any sole member not-for-profit subsidiary of such

corporation, or the Department of Mental Health

and Substance Abuse Services,

(3) faculty members and staff of the University of

Oklahoma Health Sciences Center, the Oklahoma

State University College of Osteopathic Medicine,

Oklahoma Statutes - Title 51. Officers Page 86

or a public trust created pursuant to Section

3224 of Title 63 of the Oklahoma Statutes and any

sole member not-for-profit corporation of the

public trust and any sole member not-for-profit

subsidiary of such corporation, while engaged in

teaching duties,

(4) physicians who practice medicine or act in an

administrative capacity as an employee of an

agency of this state,

(5) physicians who provide medical care to inmates

pursuant to a contract with the Department of

Corrections,

(6) any person who is licensed to practice medicine

pursuant to Title 59 of the Oklahoma Statutes,

who is under an administrative professional

services contract with the Oklahoma Health Care

Authority under the auspices of the Oklahoma

Health Care Authority Chief Medical Officer, and

who is limited to performing administrative

duties such as professional guidance for medical

reviews, reimbursement rates, service

utilization, health care delivery and benefit

design for the Oklahoma Health Care Authority,

only while acting within the scope of such

contract,

(7) licensed medical professionals under contract

with city, county, or state entities who provide

medical care to inmates or detainees in the

custody or control of law enforcement agencies,

(8) licensed mental health professionals as defined

in Sections 1-103 and 5-502 of Title 43A of the

Oklahoma Statutes, who are conducting initial

examinations of individuals for the purpose of

determining whether an individual meets the

criteria for emergency detention as part of a

contract with the Department of Mental Health and

Substance Abuse Services, and

(9) licensed mental health professionals as defined

in Sections 1-103 and 5-502 of Title 43A of the

Oklahoma Statutes, who are providing mental

health or substance abuse treatment services

under a professional services contract with the

Department of Mental Health and Substance Abuse

Services and are providing such treatment

services at a state-operated facility.

Physician faculty members and physician staff of the

University of Oklahoma Health Sciences Center, the

Oklahoma Statutes - Title 51. Officers Page 87

Oklahoma State University College of Osteopathic

Medicine, or a public trust created pursuant to

Section 3224 of Title 63 of the Oklahoma Statutes and

any sole member not-for-profit corporation of the

public trust and any sole member not-for-profit

subsidiary of such corporation not acting in an

administrative capacity or engaged in teaching duties

are not employees or agents of the state.

c. For the purposes of The Governmental Tort Claims Act,

employee shall include independent contractors and

employees of independent contractors while actively

engaged in the transport of individuals in need of

initial assessment, emergency detention, or protective

custody as authorized by Section 1-110 of Title 43A of

the Oklahoma Statutes.

d. Except as provided in subparagraph b of this

paragraph, in no event shall the state be held liable

for the tortious conduct of any physician, resident

physician or intern while practicing medicine or

providing medical treatment to patients.

e. For purposes of The Governmental Tort Claims Act,

members of the state military forces on state active

duty orders or on Title 32 active duty orders are

employees of this state, regardless of the place,

within or outside this state, where their duties as

employees are performed;

8. “Loss” means death or injury to the body or rights of a

person or damage to real or personal property or rights therein;

9. “Medically indigent” means a person requiring medically

necessary hospital or other health care services for the person or

the dependents of the person who has no public or private third-

party coverage, and whose personal resources are insufficient to

provide for needed health care;

10. “Municipality” means any incorporated city or town, and all

institutions, agencies or instrumentalities of a municipality;

11. “Occurrence” means a loss arising out of an accident or

event or a continuous or repeated exposure to substantially the same

general harmful conditions. All losses arising out of an accident

or event or a continuous or repeated exposure to substantially the

same general harmful conditions shall be deemed to have arisen out

of one occurrence;

12. “Political subdivision” means:

a. a municipality,

b. a school district, including, but not limited to, a

technology center school district established pursuant

to Section 4410, 4411, 4420 or 4420.1 of Title 70 of

the Oklahoma Statutes, or a public library as defined

Oklahoma Statutes - Title 51. Officers Page 88

pursuant to Section 1-104 of Title 65 of the Oklahoma

Statutes,

c. a county,

d. a public trust where the sole beneficiary or

beneficiaries are a city, town, school district or

county. For purposes of The Governmental Tort Claims

Act, a public trust shall include:

(1) a municipal hospital created pursuant to Sections

30-101 through 30-109 of Title 11 of the Oklahoma

Statutes, a county hospital created pursuant to

Sections 781 through 796 of Title 19 of the

Oklahoma Statutes, or is created pursuant to a

joint agreement between such governing

authorities, that is operated for the public

benefit by a public trust created pursuant to

Sections 176 through 180.4 of Title 60 of the

Oklahoma Statutes and managed by a governing

board appointed or elected by the municipality,

county, or both, who exercises control of the

hospital, subject to the approval of the

governing body of the municipality, county, or

both,

(2) a public trust created pursuant to Sections 176

through 180.4 of Title 60 of the Oklahoma

Statutes after January 1, 2009, the primary

purpose of which is to own, manage, or operate a

public acute care hospital in this state that

serves as a teaching hospital for a medical

residency program provided by a college of

osteopathic medicine and provides care to

indigent persons, and

(3) a corporation in which all of the capital stock

is owned, or a limited liability company in which

all of the member interest is owned, by a public

trust,

e. for the purposes of The Governmental Tort Claims Act

only, a housing authority created pursuant to the

provisions of the Oklahoma Housing Authorities Act,

f. for the purposes of The Governmental Tort Claims Act

only, corporations organized not for profit pursuant

to the provisions of the Oklahoma General Corporation

Act for the primary purpose of developing and

providing rural water supply and sewage disposal

facilities to serve rural residents,

g. for the purposes of The Governmental Tort Claims Act

only, districts formed pursuant to the Rural Water,

Sewer, Gas and Solid Waste Management Districts Act,

Oklahoma Statutes - Title 51. Officers Page 89

h. for the purposes of The Governmental Tort Claims Act

only, master conservancy districts formed pursuant to

the Conservancy Act of Oklahoma,

i. for the purposes of The Governmental Tort Claims Act

only, a fire protection district created pursuant to

the provisions of Section 901.1 et seq. of Title 19 of

the Oklahoma Statutes,

j. for the purposes of The Governmental Tort Claims Act

only, a benevolent or charitable corporate volunteer

or full-time fire department for an unincorporated

area created pursuant to the provisions of Section 592

et seq. of Title 18 of the Oklahoma Statutes,

k. for purposes of The Governmental Tort Claims Act only,

an emergency services provider rendering services

pursuant to an existing contract between the emergency

services provider and the State Department of Health.

Provided, however, that the acquisition of commercial

liability insurance covering the activities of such

emergency services provider performed within this

state shall not operate as a waiver of any of the

limitations, immunities or defenses provided for

political subdivisions pursuant to the terms of The

Governmental Tort Claims Act,

l. for purposes of The Governmental Tort Claims Act only,

a conservation district created pursuant to the

provisions of the Conservation District Act,

m. for purposes of The Governmental Tort Claims Act,

districts formed pursuant to the Oklahoma Irrigation

District Act,

n. for purposes of The Governmental Tort Claims Act only,

any community action agency established pursuant to

Sections 5035 through 5040.1 of Title 74 of the

Oklahoma Statutes,

o. for purposes of The Governmental Tort Claims Act only,

any organization that is designated as a youth

services agency, pursuant to Section 2-7-306 of Title

10A of the Oklahoma Statutes,

p. for purposes of The Governmental Tort Claims Act only,

any judge presiding over a drug court, as defined by

Section 471.1 of Title 22 of the Oklahoma Statutes,

q. for purposes of The Governmental Tort Claims Act only,

any child-placing agency licensed by this state to

place children in foster family homes,

r. for purposes of The Governmental Tort Claims Act only,

a circuit engineering district created pursuant to

Section 687.1 of Title 69 of the Oklahoma Statutes,

Oklahoma Statutes - Title 51. Officers Page 90

s. for purposes of The Governmental Tort Claims Act only,

a substate planning district, regional council of

government or other entity created pursuant to Section

1001 et seq. of Title 74 of the Oklahoma Statutes, and

t. for purposes of The Governmental Tort Claims Act only,

a regional transportation authority created pursuant

to Section 1370.7 of Title 68 of the Oklahoma Statutes

including its contract operator and any railroad

operating in interstate commerce that sells a property

interest or provides services to a regional

transportation authority or allows the authority to

use the property or tracks of the railroad for the

provision of public passenger rail service to the

extent claims against the contract operator or

railroad arise out of or are related to or in

connection with such property interest, services or

operation of the public passenger rail service.

Provided, 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

liabilities, immunities or defenses provided pursuant

to the provisions of The Governmental Tort Claims Act,

and all their institutions, instrumentalities or agencies;

13. “Scope of employment” means performance by an employee

acting in good faith within the duties of the employee’s office or

employment or of tasks lawfully assigned by a competent authority

including the operation or use of an agency vehicle or equipment

with actual or implied consent of the supervisor of the employee,

but shall not include corruption or fraud;

14. “State” means the State of Oklahoma or any office,

department, agency, authority, commission, board, institution,

hospital, college, university, public trust created pursuant to

Title 60 of the Oklahoma Statutes of which the State of Oklahoma is

the beneficiary, or other instrumentality thereof;

15. “State active duty” shall be defined in accordance with

Section 801 of Title 44 of the Oklahoma Statutes;

16. “State military forces” shall be defined in accordance with

Section 801 of Title 44 of the Oklahoma Statutes;

17. “Title 32 active duty” shall be defined in accordance with

Section 801 of Title 44 of the Oklahoma Statutes; and

18. “Tort” means a legal wrong, independent of contract,

involving violation of a duty imposed by general law, statute, the

Oklahoma Constitution, or otherwise, resulting in a loss to any

person, association or corporation as the proximate result of an act

or omission of a political subdivision or the state or an employee

Oklahoma Statutes - Title 51. Officers Page 91

acting within the scope of employment; provided, however, a tort

shall not include a claim for inverse condemnation.
Okla. Stat. tit. 51, § 51-167 — OK Code / Title 51 / Section 51-167
Insurance
Status: in_force

A. The governing body of any municipality may:

1. Insure the municipality against all or any part of any

liability it may incur for death, injury or disability of any person

or for damage to property, either real or personal;

2. Insure any employee of the municipality against all or any

part of his liability for injury or damage resulting from an act or

omission in the scope of employment;

3. Insure against the expense of defending a claim against the

municipality or its employee, whether or not liability exists on

such claim; or

4. Insure the municipality or its employee against any loss,

damage or liability as defined by Sections 702 through 708 of Title

36 of the Oklahoma Statutes, or other forms of insurance provided

for in Title 36 of the Oklahoma Statutes.

The cost or premium of any such insurance is a proper expenditure of

the municipality.

As used in this subsection, "employee" means any person who has

acted in behalf of a municipality, whether that person is acting on

a permanent or temporary basis with or without being compensated or

on a full-time or part-time basis. Employee also includes all

elected or appointed officers, members of governing bodies of a

municipality, and persons appointed, and other persons designated by

a municipality to act in its behalf.

B. Any insurance authorized by law to be purchased, obtained or

provided by a municipality may be provided by:

1. Self-insurance, which may be, but is not required to be,

funded by appropriations to establish or maintain reserves for self-

insurance purposes. Any self-insurance reserve fund shall be

nonfiscal and shall not be considered in computing any levy when the

municipality makes its annual estimate for needed appropriations;

Oklahoma Statutes - Title 51. Officers Page 120

2. Insurance in any insurer authorized to transact insurance in

this state;

3. Insurance secured in accordance with any other method

provided by law; or

4. Any combination of insurance authorized by this section.

C. Notwithstanding any other provision of law, two or more

municipalities or public agencies who are affiliated in an insurance

program which was originated prior to January 1, 2006, by interlocal

agreement made pursuant to Section 1001 et seq. of Title 74 of the

Oklahoma Statutes, may provide insurance for any purpose by any one

or more of the methods specified in this section. The pooling of

self-insured reserves, claims or losses among governments as

authorized in this act shall not be construed to be transacting

insurance nor otherwise subject to the provisions of the laws of

this state regulating insurance or insurance companies. Two or more

municipalities may also be insured under a master policy or contract

of insurance. Premium costs may be set individually for each

municipality or apportioned among participating municipalities as

provided by the master policy or contract.
Okla. Stat. tit. 51, § 51-254 — OK Code / Title 51 / Section 51-254
Correctional facility regulation - Compelling state
Status: in_force

interest.

A state or local correctional facility’s regulation must be

considered in furtherance of a compelling state interest if the

facility demonstrates that the religious activity:

1. Sought to be engaged by a prisoner is presumptively

dangerous to the health or safety of that prisoner; or

2. Poses a direct threat to the health, safety, or security of

other prisoners, correctional staff, or the public.
Okla. Stat. tit. 51, § 51-103 — OK Code / Title 51 / Section 51-103
Jury trial
Status: in_force

Upon the trial either party shall be entitled to a jury, and if

the cause be tried in the Supreme Court of the state the jury shall

be drawn and impaneled in the manner now provided by law for drawing

and impaneling juries in the Supreme Court of the state, provided,

that not more than two jurors from the same county shall serve

thereon, and provided further, that in the event of the acquittal of

Oklahoma Statutes - Title 51. Officers Page 73

the accused all the costs of the action shall be taxed against the

state.
Okla. Stat. tit. 51, § 51-56 — OK Code / Title 51 / Section 51-56
Articles of impeachment
Status: in_force

The articles of impeachment are the written accusation of the

officer, drawn up and approved by the House of Representatives.
Okla. Stat. tit. 51, § 51-125 — OK Code / Title 51 / Section 51-125
Plans for coverage of employees of political subdivisions
Status: in_force

Oklahoma Statutes - Title 51. Officers Page 3and of state and local instrumentalities.

(a) Each political subdivision of the state and each

instrumentality of the state or of a political subdivision is hereby

authorized to submit for approval by the state agency a plan for

extending the benefits of Title II of the Social Security Act, in

conformity with applicable federal law, to employees of any such

political subdivision or instrumentality. If not precluded by

applicable federal law and under such conditions as the state agency

may by regulation prescribe, two or more such political subdivisions

or instrumentalities may, for the purposes of this act, form a joint

coverage unit and as such submit for approval a joint plan if

otherwise, because of the requirements of the agreement entered into

pursuant to Section 123 or because of the requirements imposed by or

under applicable federal law, any subdivision or instrumentality

included in such unit would be unable to submit an approvable plan.

Each such plan or any amendment thereof shall be approved by the

state agency if it finds that such plan, or such plan as amended, is

in conformity with such requirements as are provided in regulations

of the state agency, except that no such plan shall be approved

unless:

(1) It is in conformity with the requirements of the applicable

federal law and with the agreement entered into under Section 123;

(2) It provides that all services which constitute employment as

defined in Section 122 and are performed in the employ of the

political subdivision or instrumentality, or in the employ of any

member of a joint coverage unit submitting the plan, by any

employees thereof, shall be covered by the plan, provided that the

plan may exclude from its coverage any services which, under the

provisions of that section, are excluded from the term "employment"

when so specified in a plan, except that it may exclude services

performed by individuals to whom Section 218(d) (3) (C) of the

Social Security Act is applicable;

(3) It specifies the source or sources from which the funds

necessary to make the payments required by paragraph (1) of

subsection (c) and by subsection (d) are expected to be derived and

contains reasonable assurance that such sources will be adequate for

such purpose;

(4) It provides for such methods of administration of the plan

by the political subdivision or instrumentality or members of the

joint coverage unit as are found by the state agency to be necessary

for the proper and efficient administration of the plan;

(5) It provides that the political subdivision or

instrumentality or members of the joint coverage unit will make such

reports, in such form and containing such information, as the state

agency may from time to time require, and comply with such

provisions as the state agency or the federal agency may from time

Oklahoma Statutes - Title 51. Officers Page 79

to time find necessary to assure the correctness and verification of

such reports; and

(6) It authorizes the state agency to terminate the plan in its

entirety or, in the discretion of the state agency, as to any member

of a joint coverage unit, if it finds that there has been a failure

to comply substantially with any provision contained in such plan,

such termination to take effect at the expiration of such notice and

on such conditions as may be provided by regulations of the state

agency and be consistent with applicable federal law.

(b) The state agency shall not finally refuse to approve a plan

submitted under subsection (a), and shall not terminate an approved

plan, without reasonable notice and opportunity for hearing to each

political subdivision or instrumentality affected thereby.

(c) (1) Each political subdivision or instrumentality as to

which a plan has been approved under this section shall pay into the

Contribution Fund, with respect to wages (as defined in Section 122

of this title), at such time or times as the state agency may by

regulation prescribe, contributions in the amounts and at the rates

specified in the applicable agreement entered into by the state

agency under Section 123.

(2) Every political subdivision or instrumentality required to

make payments under paragraph (1) of this subsection is authorized,

in consideration of the employee's retention in, or entry upon,

employment after enactment of this act, to impose upon its

employees, as to services which are covered by an approved plan, a

contribution with respect to wages (as defined in Section 122 of

this title), not exceeding the amount of the employee tax which

would be imposed by the Federal Insurance Contributions Act if such

services constituted employment within the meaning of that Act, and

to deduct the amount of such contribution from the wages as and when

paid. Contributions so collected shall be paid into the

Contribution Fund in partial discharge of the liability of such

political subdivision or instrumentality under paragraph (1) of this

subsection. Failure to deduct such contribution shall not relieve

the employee or employer of liability therefor.

(d) Delinquent payments due under paragraph (1) of subsection

(c) may, with interest at the rate of six percent (6%) per annum, be

recovered by action in a court of competent jurisdiction against the

political subdivision or instrumentality liable therefor or may, at

the request of the state agency, be deducted from any other monies

payable to such subdivision or instrumentality by any department or

agency of the state.
Okla. Stat. tit. 51, § 51-24A.12 — OK Code / Title 51 / Section 51-24A.12
Litigation files and investigatory files of Attorney
Status: in_force

General, district or municipal attorney - Confidentiality.

Except as otherwise provided by state or local law, the Attorney

General of the State of Oklahoma and agency attorneys authorized by

law, the Workers' Compensation Commission, the office of the

district attorney of any county of the state, and the office of the

municipal attorney of any municipality may keep its litigation files

and investigatory reports confidential.
Okla. Stat. tit. 51, § 51-24A.14 — OK Code / Title 51 / Section 51-24A.14
Personal communications relating to exercise of
Status: in_force

constitutional rights - Confidentiality.

Except for the fact that a communication has been received and

that it is or is not a complaint, a public official may keep

confidential personal communications received by the public official

from a person exercising rights secured by the Constitution of the

State of Oklahoma or the Constitution of the United States. The

public official's written response to this personal communication

may be kept confidential only to the extent necessary to protect the

identity of the person exercising the right.
Okla. Stat. tit. 51, § 51-24A.30 — OK Code / Title 51 / Section 51-24A.30
Court records – Confidentiality – Sealed records –
Status: in_force

Order requirement.

All court records, as defined by Section 32.1 of Title 12 of the

Oklahoma Statutes, shall be considered public records and shall be

subject to the provisions of the Oklahoma Open Records Act, unless

otherwise identified by statute to be confidential. If

confidentiality is not required by statute, the court may seal a

record or portion of a record only if a compelling privacy interest

exists which outweighs the public's interest in the record. In all

Oklahoma Statutes - Title 51. Officers Page 54

cases where the court is sealing a record or portion of a record,

the court shall enter an order which shall be public and shall:

1. Make findings of fact which identify the facts which the

court relied upon in entering its order;

2. Make conclusions of law specific enough so that the public

is aware of the legal basis for the sealing of the record;

3. Utilize the least restrictive means for achieving

confidentiality; and

4. Be narrowly tailored so that only the portions of the record

subject to confidentiality are sealed and the remainder of the

record is kept open.
Okla. Stat. tit. 51, § 51-152.3 — OK Code / Title 51 / Section 51-152.3
Agreements with community health care providers - Rendition of professional services
Status: in_force

without compensation - Rules - Status of provider as employee of state - Professional liabilityRendition of professional services without compensation - Rules -

Status of provider as employee of state - Professional liability

insurance of providers.

A. 1. The State Department of Health may enter into agreements

with community health care providers in which the provider

stipulates to the State Department of Health that when the provider

renders professional services, such services will be provided

without compensation to the community health care provider, although

the facility may assess a sliding-scale co-pay fee.

2. The State Department of Health shall adopt rules which

specify the conditions for termination of any such agreement, and

the rules shall be made a part of the agreement.

3. A community health care provider, for purposes of any claim

for damages arising as a result of rendering professional services

to a person, which professional services were rendered without

compensation or expectation of payment to the community health care

provider, at a time when an agreement entered into by the community

health care provider with the State Department of Health, pursuant

to this section, was in effect, shall be considered an employee of

the state under The Governmental Tort Claims Act.

B. The State Board of Health may promulgate rules to implement

the provisions of this section; provided that, health center

sliding-fee scales shall be in accordance with federal law.

C. Any claim arising from the rendering of or failure to render

professional services by a community health care provider brought

pursuant to The Governmental Tort Claims Act shall not be considered

by an insurance company in determining the rate charged for any

professional liability insurance policy for health care providers

nor whether to cancel any such policy.
Okla. Stat. tit. 51, § 51-24.4 — OK Code / Title 51 / Section 51-24.4
Directives interpreting county purchasing procedure to be
Status: in_force

issued.

Prior to November 1, 1981, the State Auditor and Inspector shall

issue written directives to all county clerks specifying the State

Auditor and Inspector's interpretation of county purchasing

procedures contained in the Oklahoma Statutes. These directives

shall be updated at such times as the State Auditor and Inspector

deems necessary. Such directives shall be advisory only.
Okla. Stat. tit. 51, § 51-132 — OK Code / Title 51 / Section 51-132
Withholding by board of education - Determination of
Status: in_force

coverage.

Upon request of any employee, the board of education of the

school district by which he is employed may withhold two percent

(2%) of the employee's wages paid after December 31, 1954, and, in

Oklahoma Statutes - Title 51. Officers Page 83

the event that any such amounts are so withheld from an employee's

wages, the board of education shall also set aside an equal amount

from school district enrichment funds. All amounts withheld from

employees' salaries or set aside from funds of a school district, as

provided above, shall be held in a special account by the board of

education of such district until it has been determined that the

employees of such school district will or will not be covered by the

Federal Social Security Program.

If it is determined that the employees of the school district

will be covered by the Federal Social Security Program, the board of

education of the school district shall forthwith pay, from funds

withheld or set aside as hereinbefore provided, to the state agency

designated to receive social security contributions of political

subdivisions, an amount equal to four percent (4%) of the wages of

such employees.

If it is determined that the employees of a school district will

not be covered by the Federal Social Security Program, or if no

determination has been made by December 31, 1957, all amounts

withheld from employees' salaries shall forthwith be returned to the

employees from whom they are withheld, and the amounts set aside

from school district funds shall forthwith be replaced in the

General Fund of the school district and made available for financing

the appropriations of the district, but shall not be considered as

income chargeable to the support of the minimum program of the

school district.
Okla. Stat. tit. 51, § 51-62 — OK Code / Title 51 / Section 51-62
Powers of court of impeachment - Orders and judgments -
Status: in_force

Power to enforce.

The Senate sitting as a court of impeachment shall have power to

compel the attendance of witnesses, to enforce obedience to its

orders, mandates, writs, precepts and judgments to preserve order,

and to punish in a summary way contempts of and disobedience to its

authority, orders, mandates, writs, process, precepts and judgments,

Oklahoma Statutes - Title 51. Officers Page 67

and to make all orders, rules and regulations which it may deem

essential or necessary for the orderly transaction of its business.
Okla. Stat. tit. 51, § 51-50 — OK Code / Title 51 / Section 51-50
Short title - Personal Privacy Protection Act –
Status: in_force

Restrictions on public agencies – Exemptions – Civil actions -

Violations.

A. This act shall be known and may be cited as the "Personal

Privacy Protection Act".

B. As used in the Personal Privacy Protection Act:

1. "Personal affiliation information" means any list, record,

register, registry, roll, roster or other compilation of data of any

kind that directly or indirectly identifies a person as a member,

supporter, or volunteer of, or donor of financial or nonfinancial

support to, any entity organized pursuant to Section 501(c) of the

United States Internal Revenue Code; and

2. "Public agency" means any state or local governmental unit,

however designated, including, but not limited to, the State of

Oklahoma; any department, agency, office, commission, board,

division or other entity of the State of Oklahoma, including those

created or established pursuant to constitutional provisions; any

political subdivision of the State of Oklahoma, including, but not

limited to, a county, city, township, village, school district,

community college district or any other local governmental unit,

agency, authority, council, board or commission; or any state or

local court, tribunal or other judicial or quasi-judicial body.

C. A public agency shall not do any of the following:

1. Require any individual to provide the public agency with

personal affiliation information or otherwise compel the release of

personal affiliation information;

2. Require any entity organized pursuant to Section 501(c) of

the United States Internal Revenue Code to provide the state agency

or political subdivision with personal affiliation information or

otherwise compel the release of personal affiliation information;

3. Release, publicize or otherwise publicly disclose any

personal affiliation information in the possession of the public

agency; or

4. Request or require a current or prospective contractor or

grantee with the public agency to provide the public agency with a

list of entities organized pursuant to Section 501(c) of the United

States Internal Revenue Code to which it has provided financial or

nonfinancial support.

D. Personal affiliation information is exempt from the

disclosure requirements of the Oklahoma Open Records Act.

E. The Personal Privacy Protection Act shall not preclude any

of the following:

Oklahoma Statutes - Title 51. Officers Page 64

1. Any report or disclosure required by the Oklahoma Ethics

Commission prior to the effective date of this act;

2. Any lawful warrant for personal affiliation information

issued by a court of competent jurisdiction;

3. Any lawful request for discovery of personal affiliation

information in litigation if both of the following conditions are

met:

a. the requester demonstrates a compelling need for the

personal affiliation information requested by clear

and convincing evidence, and

b. the requester obtains a protective order barring

disclosure of personal affiliation information to any

person not directly involved in the litigation; or

4. Admission of personal affiliation information as relevant

evidence before a court of competent jurisdiction. However, no

court shall publicly reveal personal affiliation information absent

a specific finding of good cause.

F. Any person alleging a violation of the Personal Privacy

Protection Act may bring a civil action for appropriate injunctive

relief, damages, or both injunctive relief and damages. Damages

awarded pursuant to this section may include one of the following,

as appropriate:

1. A sum of money not less than Two Thousand Five Hundred

Dollars ($2,500.00) to compensate for injury or loss caused by each

violation of this act; or

2. For an intentional violation of this act, a sum of money not

to exceed three times the sum described in paragraph 1 of this

subsection.

G. A court, in rendering judgment in an action brought pursuant

to this section, may award all or a portion of the costs of

litigation, including reasonable attorney fees and witness fees, to

the complainant in the action if the court determines that the award

is appropriate.

H. A person who knowingly violates this act shall be guilty of

a misdemeanor punishable by imprisonment in the county jail for not

more than ninety (90) days or a fine of not more than One Thousand

Dollars ($1,000.00), or by both such fine and imprisonment.
Okla. Stat. tit. 51, § 51-171 — OK Code / Title 51 / Section 51-171
Existing remedies, causes of action or claims not
Status: in_force

affected.

Nothing in this act shall abrogate or amend in any way presently

existing remedies, causes of actions or claims presently existing on

behalf of individuals or citizens. This act does not apply to any

claim against the state or political subdivision arising before the

effective date of this act.
Okla. Stat. tit. 51, § 51-104 — OK Code / Title 51 / Section 51-104
Evidence on motion to suspend - Taking of depositions
Status: in_force

The evidence procured by the Attorney General upon the separate

investigations and examination of witnesses herein authorized to be

made, may be presented by him on the motion to suspend the officer.

The Attorney General and the defendant shall have the right to take

depositions of witnesses to be used in said action, upon the giving

of five days' written notice to the adverse party of the time and

particular place when and where such witnesses will be examined, and

the name of the officer before whom they will be examined.
Okla. Stat. tit. 51, § 51-3.1 — OK Code / Title 51 / Section 51-3.1
Failure to qualify - Filling vacancy - Temporary
Status: in_force

appointment in case of military service.

Oklahoma Statutes - Title 51. Officers Page 5

When any person elected to a public office has died or failed to

qualify and enter upon the duties of such office for any reason or

cause at the time and in the manner provided by law, and for six (6)

months or more thereafter has not qualified and entered upon the

duties of said office, such public office shall be deemed vacant and

shall be filled by the officer or board authorized to fill such

vacancy, provided, however, that any appointment made under the

provisions of this section to fill an office of any person who has

failed to qualify on account of military service shall be only for

the period of enforced absence of said person, or until said person

qualifies for said office. The person holding over in such office

shall surrender the same to the person so appointed upon his

qualifying for said office as provided by law. The provisions of

this act shall be retroactive as well as prospective in its

operation.
Okla. Stat. tit. 51, § 51-24A.16 — OK Code / Title 51 / Section 51-24A.16
Educational records and materials - Confidentiality
Status: in_force

A. Except as set forth in subsection B of this section, public

educational institutions and their employees may keep confidential:

1. Individual student records;

2. Teacher lesson plans, tests and other teaching material;

3. Personal communications concerning individual students; and

4. Any contract for use of a student athlete’s name, image, or

likeness disclosed to a postsecondary institution pursuant to the

Student Athlete Name, Image and Likeness Rights Act.

B. If kept, statistical information not identified with a

particular student and directory information shall be open for

inspection and copying. Except as provided in subsection C of this

section, each educational institution may choose to designate

specific information which shall be classified as directory

information for students attending the educational institution. In

accordance with the Family Educational Rights and Privacy Act,

Section 1232g of Title 20 of the United States Code and Part 99 of

Oklahoma Statutes - Title 51. Officers Page 44

Title 34 of the Code of Federal Regulations, “directory information”

includes a student’s name, address, telephone listing, date and

place of birth, major field of study, participation in officially

recognized activities and sports, weight and height of members of

athletic teams, dates of attendance, degrees and awards received,

and the most recent previous educational institution attended by the

student. Any educational agency or institution making public

directory information shall give public notice of the categories of

information which it has designated as directory information with

respect to each student attending the institution or agency and

shall allow a reasonable period of time after the notice has been

given for a parent to inform the institution or agency that any or

all of the information designated should not be released without

prior consent of the parent or guardian or the student if the

student is eighteen (18) years of age or older.

C. All educational agencies or institutions which are not the

primary custodians of student directory information of students

attending the educational institution, but which are allowed to

access the information for educational purposes, shall be prohibited

from releasing or selling any or all student directory information

unless disclosure is authorized by the Family Educational Rights and

Privacy Act, Section 1232g of Title 20 of the United States Code and

Part 99 of Title 34 of the Code of Federal Regulations, or Section

3-168 of Title 70 of the Oklahoma Statutes.

D. A public school district may release individual student

records for the current or previous school year to a school district

at which the student was previously enrolled for purposes of

evaluating educational programs and school effectiveness.
Okla. Stat. tit. 51, § 51-54 — OK Code / Title 51 / Section 51-54
Judgment - Criminal liability
Status: in_force

Judgment of impeachment shall not extend beyond removal from

office, but this shall not prevent punishment of any such officer on

charges growing out of the same matter by the courts of the state.
Okla. Stat. tit. 51, § 51-256 — OK Code / Title 51 / Section 51-256
Remedies – Costs - Attorney Fees
Status: in_force

A. Any person whose exercise of religion has been substantially

burdened by a governmental entity in violation of this section may

assert that violation as a claim or defense in any judicial or

administrative proceeding and may obtain declaratory relief or

monetary damages.

B. Any person who prevails in any proceeding to enforce this

act against a governmental entity may recover reasonable costs and

attorney fees.
Okla. Stat. tit. 51, § 51-7 — OK Code / Title 51 / Section 51-7
Place of office
Status: in_force

It shall be unlawful for any officer elected or appointed under

the laws of the state to keep the books, papers, records, or other

public property used in his office, at any place other than that in

which he is required by law to keep said office.

R.L. 1910, § 4275.
Okla. Stat. tit. 51, § 51-24A.17 — OK Code / Title 51 / Section 51-24A.17
Violations - Penalties - Civil liability
Status: in_force

A. Any public official who willfully violates any provision of

the Oklahoma Open Records Act, upon conviction, shall be guilty of a

misdemeanor, and shall be punished by a fine not exceeding Five

Hundred Dollars ($500.00) or by imprisonment in the county jail for

Oklahoma Statutes - Title 51. Officers Page 45

a period not exceeding one (1) year, or by both such fine and

imprisonment.

B. Any person who requests and is denied access to records of a

public body or public official:

1. May bring a civil suit for declarative or injunctive relief,

or both, but such civil suit shall be limited to records requested

and denied prior to filing of the civil suit; and

2. If successful, shall be entitled to reasonable attorney

fees.

C. Prior to bringing a civil suit under subsection B of this

section, any person seeking declaratory or injunctive relief, or

both, must notify the public body or public official of his or her

intent to bring a civil suit to obtain relief in writing ten (10)

business days prior to filing for such relief. Such notice must

also be provided to the Attorney General.

D. If the public body or public official successfully defends a

civil suit and the court finds that the suit was clearly frivolous,

the public body or public official shall be entitled to reasonable

attorney fees.

E. A public body or public official shall not be civilly liable

for damages for providing access to records as allowed under the

Oklahoma Open Records Act.
Okla. Stat. tit. 51, § 51-64 — OK Code / Title 51 / Section 51-64
Oath
Status: in_force

Before the Senate shall proceed to consider the articles of

impeachment, it shall organize itself into a court of impeachment,

as provided herein, and every Senator present shall take the

following oath or affirmation:

"I do solemnly swear (or affirm) that I will faithfully and

impartially try the impeachment against A. B., and do justice

according to the law and the evidence."
Okla. Stat. tit. 51, § 51-129 — OK Code / Title 51 / Section 51-129
Studies and reports
Status: in_force

The state agency shall make studies concerning the problem of

old-age and survivors insurance protection for employees of the

state and local governments and their instrumentalities and

concerning the operation of agreements made and plans approved under

this act and shall submit a report to the legislature at the

beginning of each regular session, covering the administration and

operation of this act during the preceding calendar year, including

such recommendations for amendments to this act as it considers

proper.
Okla. Stat. tit. 51, § 51-24.1 — OK Code / Title 51 / Section 51-24.1
Suspension or forfeiture of office or employment upon
Status: in_force

conviction of felony - Vacancy - Salary and benefits - Governor

notified in writing.

A. Any elected or appointed state or county officer or employee

who, during the term for which he or she was elected or appointed,

is, or has been, found guilty by a trial court of a felony in a

state or federal court of competent jurisdiction shall be

automatically suspended from the office or employment.

B. The Governor shall appoint an interim successor to serve

during the period of suspension of any county commissioner or any

state officer other than a member of the State Legislature.

C. A vacancy created by the suspension of a member of the State

Legislature shall be filled as provided in Section 20 of Article V

of the Oklahoma Constitution.

D. A vacancy created by the suspension of a county officer

other than a county commissioner shall be filled as provided by

Section 10 of this title.

E. In the event any elected or appointed state or county

officer or employee who, during the term for which he or she was

elected or appointed, pleads guilty or nolo contendere to a felony

or any offense involving a violation of his or her official oath in

a state or federal court of competent jurisdiction, he or she shall,

immediately upon the entry of the plea, forfeit the office or

employment.

F. Any such officer or employee upon final conviction of, or

pleading guilty or nolo contendere to, a felony in a state or

federal court of competent jurisdiction shall vacate such office or

employment and if such felony is for bribery, corruption, forgery or

perjury or any other crime related to the duties of his or her

office or employment, or related to campaign contributions or

campaign financing for that or any other office, shall forfeit all

Oklahoma Statutes - Title 51. Officers Page 19

benefits of the office or employment, including, but not limited to,

retirement benefits provided by law, however, the forfeiture of

retirement benefits shall not occur if any such officer or employee

received a deferred sentence, but retirement benefits shall not

commence prior to completion of the deferred sentence. The

forfeiture of retirement benefits required by this subsection shall

not include such officer's or employee's contributions to the

retirement system or retirement benefits that are vested on the

effective date of this act.

G. The forfeiture of retirement benefits as provided by

subsection F of this section shall also apply to any such officer or

employee who, after leaving the office or employment, is convicted

of, or pleads guilty or nolo contendere to, in a state or federal

court of competent jurisdiction, a felony committed while in such

office or employment, where the felony is for bribery, corruption,

forgery or perjury or any other crime related to the duties of his

or her office or employment, or related to campaign contributions or

campaign financing for that or any other office.

H. Any claims for payment of salary or wages, or any claims for

payment of any other benefits, to any such officer or employee

suspended from or forfeiting his or her office or employment shall

be rejected by the proper authority.

I. Such suspension or forfeiture shall continue until such time

as the conviction or guilty plea is reversed by the highest

appellate court to which the officer or employee may appeal.

J. The attorney responsible for prosecuting such elected or

appointed state or county officers or employees shall notify the

retirement system in which such officer or employee is enrolled of

the forfeiture of such officer's or employee's retirement benefits.

Upon receipt of the notice of forfeiture, the retirement system

shall immediately suspend all benefits of the officer or employee,

and notify the officer or employee of his or her right to a hearing

to review whether the conviction or plea qualifies for forfeiture of

benefits under this section. If the conviction or plea occurs in

federal court or the notice of forfeiture is not forthcoming from

the State prosecutor, the retirement system may investigate and

gather court documents and contact prosecutors to determine whether

the conviction or plea qualifies under this section. Upon obtaining

sufficient documentation of the conviction or plea, the retirement

system shall immediately suspend all benefits of the officer or

employee, and notify the officer or employee of his or her right to

a hearing to review whether the conviction or plea qualifies for

forfeiture of benefits under this section.

K. Within three (3) days of the conviction or plea of guilty or

nolo contendere of a county commissioner, the district attorney of

the county where such county commissioner served shall notify the

Governor, in writing, of the suspension, the date of conviction or

Oklahoma Statutes - Title 51. Officers Page 20

plea of guilty or nolo contendere resulting in suspension, and the

felony committed.

L. Within three (3) days of the conviction or plea of guilty or

nolo contendere of an elected or appointed state officer, the

attorney responsible for prosecuting such state officer, shall

notify the Governor in writing of the suspension, the date of

conviction or plea of guilty or nolo contendere resulting in

suspension, and the felony committed.
Okla. Stat. tit. 51, § 51-169 — OK Code / Title 51 / Section 51-169
Counties - Insurance
Status: in_force

A. The governing body of any county may:

1. Insure the county against all or any part of any liability

it may incur for death, injury or disability of any person or for

damage to property, either real or personal;

2. Insure any employee of the county against all or any part of

his liability for injury or damage resulting from an act or omission

in the scope of employment;

3. Insure against the expense of defending a claim against the

county or its employee, whether or not liability exists on such

claim; or

4. Insure the county or its employee against any loss, damage

or liability as defined by Sections 702 through 708 of Title 36 of

the Oklahoma Statutes, or other forms of insurance provided for in

Title 36 of the Oklahoma Statutes.

The cost or premium of any such insurance is a proper expenditure of

the county.

As used in this subsection, "employee" means any person who has

acted in behalf of a county, whether that person is acting on a

permanent or temporary basis with or without being compensated or on

a full-time or part-time basis. Employee also includes all elected

or appointed officers, members of governing bodies of a county, and

Oklahoma Statutes - Title 51. Officers Page 121

persons appointed, and other persons designated by a county to act

in its behalf.

B. Any insurance authorized by law to be purchased, obtained or

provided by a county may be provided by:

1. Self-insurance, which may be, but is not required to be,

funded by appropriations to establish or maintain reserves for self-

insurance purposes. Any self-insurance reserve fund shall be

nonfiscal and shall not be considered in computing any levy when the

county makes its annual estimate for needed appropriations;

2. Insurance in any insurer authorized to transact insurance in

this state;

3. Insurance secured in accordance with any other method

provided by law; or

4. Any combination of insurance authorized by this section.

C. Two or more counties or public agencies, by interlocal

agreement made pursuant to Sections 1001 et seq. of Title 74 of the

Oklahoma Statutes, may provide insurance for any purpose by any one

or more of the methods specified in this section. The pooling of

self-insured reserves, claims or losses among governments as

authorized in this act shall not be construed to be transacting

insurance nor otherwise subject to the provisions of the laws of

this state regulating insurance or insurance companies. Two or more

counties may also be insured under a master policy or contract of

insurance. Premium costs may be set individually for each county or

apportioned among participating counties as provided by the master

policy or contract.
Okla. Stat. tit. 51, § 51-71 — OK Code / Title 51 / Section 51-71
Procedure - Vote - Records
Status: in_force

The Senate, when sitting as a court of impeachment, shall have

power to prescribe and adopt such rules of procedure as it may deem

expedient for the orderly trial of the impeachment cases. When an

accused person has been placed upon trial and the case is ready to

be submitted to the Senators, sitting as members of a court of

impeachment, for their decision, the roll of the members shall be

called in open session upon each separate charge or count, contained

in the articles of impeachment. Each Senator, when his name is

called shall, if in his judgment the particular charge submitted has

been proven, vote "yea" otherwise he shall vote "nay" which yea and

nay vote shall be recorded in the journal of the court. If two-

thirds (2/3) of the Senators present shall vote yea upon any charge

or count contained in the article of impeachment, the accused shall

be adjudged guilty, and the judgment of the court shall be that he

be removed from office. The proceedings of the court of impeachment

Oklahoma Statutes - Title 51. Officers Page 69

shall be recorded by the clerk in a record kept for such purpose,

when any case is finally concluded the record shall be signed by the

presiding Justice or presiding officer, attested by the clerk and by

him filed in the office of the Secretary of State as a permanent

record.
Okla. Stat. tit. 51, § 51-53 — OK Code / Title 51 / Section 51-53
Oath - Concurrence of Senators
Status: in_force

When the Senate is sitting as a court of impeachment the

Senators shall be on oath or affirmation, impartially to try the

party impeached, and no person shall be convicted without the

concurrence of two-thirds (2/3) of the Senators present.
Okla. Stat. tit. 51, § 51-24A.34 — OK Code / Title 51 / Section 51-24A.34
Confidential mental health records
Status: in_force

A. A professional licensing board shall keep confidential all

records of any mental health diagnosis, counseling, or treatment of

a licensee retained by the licensing board. Such records may only

be released:

1. To the licensee who is the subject of the records;

Oklahoma Statutes - Title 51. Officers Page 55

2. To an authorized representative of the licensing board that

holds the records for the purpose of evaluating the fitness of the

licensee to engage in the practice of the licensed profession;

3. Upon a court order; or

4. In case of emergency if the licensee poses a danger to

himself or herself or others.

B. Upon request of the licensee, any mental health records

retained by the licensing board shall be destroyed when the licensee

retires or resigns from the licensed profession or in accordance

with the laws of this state for archiving records, whichever is

earlier.
Okla. Stat. tit. 51, § 51-24A.23 — OK Code / Title 51 / Section 51-24A.23
Department of Wildlife Conservation - Confidentiality
Status: in_force

of information relating to hunting and fishing licenses – Exceptions

– Disclosure of antler descriptions.

A. The Department of Wildlife Conservation shall keep

confidential the information provided by persons, including the name

and address of the person, applying for or holding any permit or

license issued by the Department, to the extent the information

individually identifies the person. The Department may use the

information for Department purposes or allow the United States Fish

and Wildlife Service to use the information for survey purposes

only. The Department shall allow any public body to have access to

the information for purposes specifically related to the public

body's function.

Oklahoma Statutes - Title 51. Officers Page 48

B. The provisions of subsection A of this section shall not

apply to information provided by persons applying for or holding a

commercial hunting or fishing license.

C. The provisions of subsection A of this section shall not

apply to information voluntarily provided by persons for promotional

purposes by the Department.

D. Based upon the information required to be submitted through

the electronic game harvest check system for harvested deer, the

Department shall publicly disclose, in a timely manner, online or in

published listings, by county of harvest, an antler description of

each deer harvested and the name of the hunter who harvested the

deer. The hunter shall be allowed to choose when entering the

harvest information whether or not the name of the hunter is

released. The Department shall not release the name of the hunter

if the hunter elects not to release that information.
Okla. Stat. tit. 51, § 51-154v2 — OK Code / Title 51 / Section 51-154v2
Extent of liability – Wrongful criminal felony
Status: in_force

convictions resulting in imprisonment - Punitive or exemplary

damages - Joinder of parties - Several liability.

A. The total liability of the state and its political

subdivisions on claims within the scope of The Governmental Tort

Claims Act, arising out of an accident or occurrence happening after

October 1, 1985, Section 151 et seq. of this title, shall not

exceed:

1. Seventy-five Thousand Dollars ($75,000.00) for any claim or

to any claimant who has more than one claim for loss of property

arising out of a single act, accident, or occurrence;

2. a. Two Hundred Twenty-five Thousand Dollars ($225,000.00)

to any claimant for any number of claims for

inconvenience, annoyance, or discomfort in nuisance

claims arising out of a single act, accident, or

occurrence in a county with a population of less than

one hundred fifty thousand (150,000) according to the

latest Federal Decennial Census, or

b. Two Hundred Seventy-five Thousand Dollars

($275,000.00) to any claimant for any number of claims

for inconvenience, annoyance, or discomfort in

nuisance claims arising out of a single act, accident,

or occurrence in a county with a population of one

hundred fifty thousand (150,000) or more according to

the latest Federal Decennial Census;

3. a. In no event shall the total liability of the state and

its political subdivisions for a claim for nuisance

exceed Two Hundred Seventy-five Thousand Dollars

($275,000.00) per occurrence.

b. In no event shall the total liability of the state and

its political subdivisions for a claim arising from

Oklahoma Statutes - Title 51. Officers Page 99

municipal sewer overflow exceed Two Hundred Seventy-

five Thousand Dollars ($275,000.00) per occurrence;

4. Except as otherwise provided in this paragraph, Two Hundred

Fifty Thousand Dollars ($250,000.00) to any claimant for a claim for

any other loss arising out of a single act, accident, or occurrence.

The limit of liability for the state or any city or county with a

population of one hundred fifty thousand (150,000) or more according

to the latest Federal Decennial Census, or a political subdivision

as defined in subparagraph s of paragraph 12 of Section 152 of this

title, shall not exceed Three Hundred Seventy-five Thousand Dollars

($375,000.00). Except, however, the limits of liability for the

University Hospitals and state mental health hospitals operated by

the Department of Mental Health and Substance Abuse Services for

claims arising from medical negligence shall be Three Hundred

Thousand Dollars ($300,000.00). For claims arising from medical

negligence by any licensed physician, osteopathic physician or

Certified Nurse-Midwife rendering prenatal, delivery or infant care

services from September 1, 1991, through June 30, 1996, pursuant to

a contract authorized by subsection C of Section 1-106 of Title 63

of the Oklahoma Statutes and in conformity with the requirements of

Section 1-233 of Title 63 of the Oklahoma Statutes, the limits of

liability shall be Two Hundred Thousand Dollars ($200,000.00);

5. One Million Dollars ($1,000,000.00) for any number of claims

for indemnification pursuant to Section 162 of this title arising

out of a single occurrence or accident; or

6. Two Million Dollars ($2,000,000.00) in the aggregate for any

number of claims arising out of a single occurrence or accident.

B. 1. Beginning on May 28, 2003, claims shall be allowed for

wrongful criminal felony conviction resulting in imprisonment if the

claimant has received a full pardon on the basis of a written

finding by the Governor of actual innocence for the crime for which

the claimant was sentenced or has been granted judicial relief

absolving the claimant of guilt on the basis of actual innocence of

the crime for which the claimant was sentenced. The Governor or the

court shall specifically state, in the pardon or order, the evidence

or basis on which the finding of actual innocence is based.

2. As used in paragraph 1 of this subsection, for a claimant to

recover based on “actual innocence”, the individual must meet the

following criteria:

a. the individual was charged, by indictment or

information, with the commission of a public offense

classified as a felony,

b. the individual did not plead guilty to the offense

charged, or to any lesser included offense, but was

convicted of the offense,

c. the individual was sentenced to incarceration for a

term of imprisonment as a result of the conviction,

Oklahoma Statutes - Title 51. Officers Page 100

d. the individual was imprisoned solely on the basis of

the conviction for the offense, and

e. (1) in the case of a pardon, a determination was made

by either the Pardon and Parole Board or the

Governor that the offense for which the

individual was convicted, sentenced and

imprisoned, including any lesser offenses, was

not committed by the individual, or

(2) in the case of judicial relief, a court of

competent jurisdiction found by clear and

convincing evidence that the offense for which

the individual was convicted, sentenced and

imprisoned, including any lesser included

offenses, was not committed by the individual and

issued an order vacating, dismissing or reversing

the conviction and sentence and providing that no

further proceedings can be or will be held

against the individual on any facts and

circumstances alleged in the proceedings which

had resulted in the conviction.

3. A claimant shall not be entitled to compensation for any

part of a sentence in prison during which the claimant was also

serving a concurrent sentence for a crime not covered by this

subsection.

4. The total liability of the state and its political

subdivisions on any claim within the scope of The Governmental Tort

Claims Act arising out of wrongful criminal felony conviction

resulting in imprisonment shall not exceed One Hundred Seventy-five

Thousand Dollars ($175,000.00).

5. The provisions of this subsection shall apply to convictions

occurring on or before May 28, 2003, as well as convictions

occurring after May 28, 2003. If a court of competent jurisdiction

finds that retroactive application of this subsection is

unconstitutional, the prospective application of this subsection

shall remain valid.

C. No award for damages in an action or any claim against the

state or a political subdivision shall include punitive or exemplary

damages.

D. When the amount awarded to or settled upon multiple

claimants exceeds the limitations of this section, any party may

apply to the district court which has jurisdiction of the cause to

apportion to each claimant the claimant’s proper share of the total

amount as limited herein. The share apportioned to each claimant

shall be in the proportion that the ratio of the award or settlement

made to each claimant bears to the aggregate awards and settlements

for all claims against the state or its political subdivisions

arising out of the occurrence. When the amount of the aggregate

Oklahoma Statutes - Title 51. Officers Page 101

losses presented by a single claimant exceeds the limits of

paragraph 1, 2, 3, or 4 of subsection A of this section, each person

suffering a loss shall be entitled to that person’s proportionate

share.

E. The total liability of resident physicians and interns while

participating in a graduate medical education program of the

University of Oklahoma College of Medicine, its affiliated

institutions and the Oklahoma State University College of

Osteopathic Medicine shall not exceed One Hundred Fifty Thousand

Dollars ($150,000.00).

F. The total liability of a public trust hospital and physician

for the acts of a physician who provides medical services on the

premises of a public trust hospital, as provided by Section 152 of

this title, that is located in a county with a population of fewer

than seventy-five thousand (75,000) according to the latest Federal

Decennial Census, but who is not employed by such hospital, shall

not exceed One Million Dollars ($1,000,000.00). If the physician is

employed by another group or entity not under the sole or majority

control of the physician, the total limit of liability of the

physician and hospital shall be the higher coverage afforded by the

liability policy, self-insurance, or assets of that group or entity.

G. For claims within the scope of The Governmental Tort Claims

Act, the liability limits in this section for claims on or after the

effective date of this act shall be adjusted beginning January 1,

2031, and every five (5) years thereafter for inflation to reflect

the lesser of the percentage change in the Consumer Price Index

published by the Bureau of Labor Statistics of the United States

Department of Labor for such period or four percent (4%) in any

five-year period.

H. The state or a political subdivision may petition the court

that all parties and actions arising out of a single accident or

occurrence shall be joined as provided by law, and upon order of the

court the proceedings upon good cause shown shall be continued for a

reasonable time or until such joinder has been completed. The state

or political subdivision shall be allowed to interplead in any

action which may impose on it any duty or liability pursuant to The

Governmental Tort Claims Act.

I. The liability of the state or political subdivision under

The Governmental Tort Claims Act shall be several from that of any

other person or entity, and the state or political subdivision shall

only be liable for that percentage of total damages that corresponds

to its percentage of total negligence. Nothing in this section

shall be construed as increasing the liability limits imposed on the

state or political subdivision under The Governmental Tort Claims

Act.
Okla. Stat. tit. 51, § 51-57 — OK Code / Title 51 / Section 51-57
Designation of offense
Status: in_force

The articles of impeachment shall state with reasonable

certainty, the offense in office for which the officer is impeached,

and if there be more than one, they shall be stated separately and

distinctly.
Okla. Stat. tit. 51, § 51-130 — OK Code / Title 51 / Section 51-130
Separability
Status: in_force

Oklahoma Statutes - Title 51. Officers Page 82

If any provision of this act, or the application thereof to any

person or circumstance is held invalid, the remainder of the act and

the application of such provision to other persons or circumstances

shall not be affected thereby.
Okla. Stat. tit. 51, § 51-24A.3 — OK Code / Title 51 / Section 51-24A.3
Definitions
Status: in_force

As used in the Oklahoma Open Records Act:

1. “Record” means all documents including, but not limited to,

any book, paper, photograph, microfilm, data files created by or

used with computer software, computer tape, disk, record, sound

recording, film recording, video record or other material regardless

of physical form or characteristic, created by, received by, under

the authority of, or coming into the custody, control or possession

of public officials, public bodies or their representatives in

connection with the transaction of public business, the expenditure

of public funds or the administering of public property. Record

shall also mean applications and other documents related to

licensure matters that are filed of record in a district court,

including, but not limited to, marriage licenses, process server

licenses, closing out sale licenses, transient merchant licenses,

pool hall licenses, and bail bondsmen registration. Record does not

mean:

Oklahoma Statutes - Title 51. Officers Page 22

a. computer software, or

b. nongovernment personal effects;

2. “Public body” shall include, but not be limited to, any

office, department, board, bureau, commission, agency, trusteeship,

authority, council, committee, trust or any entity created by a

trust, county, city, village, town, township, district, school

district, fair board, court, executive office, advisory group, task

force, study group or any subdivision thereof, supported in whole or

in part by public funds or entrusted with the expenditure of public

funds or administering or operating public property, and all

committees, or subcommittees thereof. Except for the records

required by Section 24A.4 of this title, public body does not mean

judges, justices, the Council on Judicial Complaints, the

Legislature or legislators. Public body shall not include an

organization that is exempt from federal income tax under Section

501(c)(3) of the Internal Revenue Code of 1986, as amended, and

whose sole beneficiary is a college or university, or an affiliated

entity of the college or university, that is a member of The

Oklahoma State System of Higher Education. Such organization shall

not receive direct appropriations from the Legislature. The

following persons shall not be eligible to serve as a voting member

of the governing board of the organization:

a. a member, officer, or employee of the Oklahoma State

Regents for Higher Education,

b. a member of the board of regents or other governing

board of the college or university that is the sole

beneficiary of the organization, or

c. an officer or employee of the college or university

that is the sole beneficiary of the organization;

3. “Public office” means the physical location where public

bodies conduct business or keep records;

4. “Public official” means any official or employee of any

public body as defined herein; and

5. “Law enforcement agency” means any public body charged with

enforcing state or local criminal laws and initiating criminal

prosecutions including, but not limited to: police departments;

state and local fire marshals when investigating potential

violations of federal, state, or local criminal laws or when acting

on behalf of a law enforcement agency; county sheriffs; the

Department of Public Safety; the Oklahoma State Bureau of Narcotics

and Dangerous Drugs Control; the Alcoholic Beverage Laws Enforcement

Commission; and the Oklahoma State Bureau of Investigation.
Okla. Stat. tit. 51, § 51-98 — OK Code / Title 51 / Section 51-98
Suspension during proceedings - Temporary appointment -
Status: in_force

Right to salary.

When the complaint or petition for removal is filed, if in

addition to the matter charged as ground for removal, the complaint

Oklahoma Statutes - Title 51. Officers Page 71

shall also pray that the officer charged be suspended from office

pending an investigation or trial. The Supreme Court or any Judge

thereof, or any district judge or court of the county of the

residence of the accused, may, upon not less than ten (10) days'

notice to the respondent, if sufficient cause appear from the

petition and the affidavits or depositions then filed and presented,

order the suspension of the accused from the functions of his office

until the determination of the matter, and upon such suspension the

court shall immediately appoint some proper and qualified person

temporarily to fill said office and perform its duties until such

proceedings for removal shall be finally determined, and in the

event of the removal of the officer so suspended the vacancy shall

be filled in the manner provided by law for filling vacancies in

such office.

If on the final hearing of the complaint or petition herein,

provided the officer is not removed from his office he shall receive

the salary allowed him by law during the time of his suspension.

Such officer so temporarily appointed shall also in any event

receive the same salary as is provided by law to be paid to the

officer filling such position.
Okla. Stat. tit. 51, § 51-24A.5v1 — OK Code / Title 51 / Section 51-24A.5v1
Inspection, copying and/or mechanical reproduction of
Status: in_force

records - Exemptions.

All records of public bodies and public officials shall be open

to any person for inspection, copying, or mechanical reproduction

during regular business hours; provided:

1. The Oklahoma Open Records Act, Sections 24A.1 through 24A.30

of this title, does not apply to records specifically required by

law to be kept confidential including:

a. records protected by a state evidentiary privilege

such as the attorney-client privilege, the work

product immunity from discovery and the identity of

informer privileges,

b. records of what transpired during meetings of a public

body lawfully closed to the public such as executive

sessions authorized under the Oklahoma Open Meeting

Act,

c. personal information within driver records as defined

by the Driver's Privacy Protection Act, 18 United

States Code, Sections 2721 through 2725,

d. information in the files of the Board of Medicolegal

Investigations obtained pursuant to Sections 940 and

941 of Title 63 of the Oklahoma Statutes that may be

Oklahoma Statutes - Title 51. Officers Page 24

hearsay, preliminary unsubstantiated investigation-

related findings, or confidential medical information,

e. any test forms, question banks and answer keys

developed for state licensure examinations, but

specifically excluding test preparation materials or

study guides, or

f. last names, addresses, social security numbers or tax

identification numbers, and proof of identification

submitted to the Oklahoma Lottery Commission by

persons claiming a lottery prize;

2. All Social Security numbers included in a record may be

confidential regardless of the person's status as a public employee

or private individual and may be redacted or deleted prior to

release of the record by the public body;

3. Any reasonably segregable portion of a record containing

exempt material shall be provided after deletion of the exempt

portions; provided however, Service Oklahoma shall not be required

to assemble for the requesting person specific information, in any

format, from driving records relating to any person whose name and

date of birth or whose driver license number is not furnished by the

requesting person.

The Oklahoma State Bureau of Investigation shall not be required

to assemble for the requesting person any criminal history records

relating to persons whose names, dates of birth, and other

identifying information required by the Oklahoma State Bureau of

Investigation pursuant to administrative rule are not furnished by

the requesting person;

4. Any request for a record which contains individual records

of persons, and the cost of copying, reproducing or certifying each

individual record is otherwise prescribed by state law, the cost may

be assessed for each individual record, or portion thereof requested

as prescribed by state law. Otherwise, a public body may charge a

fee only for recovery of the reasonable, direct costs of record

copying, or mechanical reproduction. Notwithstanding any state or

local provision to the contrary, in no instance shall the record

copying fee exceed twenty-five cents ($0.25) per page for records

having the dimensions of eight and one-half (8 1/2) by fourteen (14)

inches or smaller, or a maximum of One Dollar ($1.00) per copied

page for a certified copy. However, if the request:

a. is solely for commercial purpose, or

b. would clearly cause excessive disruption of the

essential functions of the public body,

then the public body may charge a reasonable fee to recover the

direct cost of record search and copying; however, publication in a

newspaper or broadcast by news media for news purposes shall not

constitute a resale or use of a record for trade or commercial

purpose and charges for providing copies of electronic data to the

Oklahoma Statutes - Title 51. Officers Page 25

news media for a news purpose shall not exceed the direct cost of

making the copy. The fee charged by the Department of Public Safety

for a copy in a computerized format of a record of the Department

shall not exceed the direct cost of making the copy unless the fee

for the record is otherwise set by law.

Any public body establishing fees under this act shall post a

written schedule of the fees at its principal office and with the

county clerk.

In no case shall a search fee be charged when the release of

records is in the public interest, including, but not limited to,

release to the news media, scholars, authors and taxpayers seeking

to determine whether those entrusted with the affairs of the

government are honestly, faithfully, and competently performing

their duties as public servants.

The fees shall not be used for the purpose of discouraging

requests for information or as obstacles to disclosure of requested

information;

5. The land description tract index of all recorded instruments

concerning real property required to be kept by the county clerk of

any county shall be available for inspection or copying in

accordance with the provisions of the Oklahoma Open Records Act;

provided, however, the index shall not be copied or mechanically

reproduced for the purpose of sale of the information;

6. A public body must provide prompt, reasonable access to its

records but may establish reasonable procedures which protect the

integrity and organization of its records and to prevent excessive

disruptions of its essential functions. A delay in providing access

to records shall be limited solely to the time required for

preparing the requested documents and the avoidance of excessive

disruptions of the public body's essential functions. In no event

may production of a current request for records be unreasonably

delayed until after completion of a prior records request that will

take substantially longer than the current request. Any public body

which makes the requested records available on the Internet shall

meet the obligation of providing prompt, reasonable access to its

records as required by this paragraph; and

7. A public body shall designate certain persons who are

authorized to release records of the public body for inspection,

copying, or mechanical reproduction. At least one person shall be

available at all times to release records during the regular

business hours of the public body.
Okla. Stat. tit. 51, § 51-164 — OK Code / Title 51 / Section 51-164
Application of Oklahoma laws and statutes and rules of
Status: in_force

procedure.

The laws and statutes of the State of Oklahoma and the Rules of

Civil Procedure, as promulgated and adopted by the Supreme Court of

Oklahoma insofar as applicable and to the extent that such rules are

not inconsistent with the provisions of this act, shall apply to and

govern all actions brought under the provisions of this act.
Okla. Stat. tit. 51, § 51-95 — OK Code / Title 51 / Section 51-95
Speedy trial - Continuances
Status: in_force

Said proceedings in ouster shall be tried in a speedy manner,

and shall have precedence in said court and shall be tried at the

first term after the filing of the complaint or petition herein

named; provided, the answer hereinafter mentioned shall have been on

file at least ten (10) days before the day of trial.

A continuance may be granted either side for good cause shown,

but no continuance shall be granted by an agreement of the parties.
Okla. Stat. tit. 51, § 51-24A.5v2 — OK Code / Title 51 / Section 51-24A.5v2
Inspection, copying and/or mechanical reproduction of
Status: in_force

records – Exemptions.

All records of public bodies and public officials shall be open

to any person for inspection, copying, or mechanical reproduction

during regular business hours; provided:

1. The Oklahoma Open Records Act, Sections 24A.1 through 24A.34

of this title, does not apply to records specifically required by

law to be kept confidential including:

a. records protected by a state evidentiary privilege

such as the attorney-client privilege, the work

product immunity from discovery and the identity of

informer privileges,

b. records of what transpired during meetings of a public

body lawfully closed to the public such as executive

sessions authorized under the Oklahoma Open Meeting

Act,

c. personal information within driver records as defined

by the Driver’s Privacy Protection Act, 18 U.S.C.,

Sections 2721 through 2725,

d. information in the files of the Board of Medicolegal

Investigations obtained pursuant to Sections 940 and

941 of Title 63 of the Oklahoma Statutes that may be

hearsay, preliminary unsubstantiated investigation-

related findings, or confidential medical information,

e. any test forms, question banks and answer keys

developed for state licensure examinations, but

specifically excluding test preparation materials or

study guides,

f. last names, addresses, Social Security numbers or tax

identification numbers, and proof of identification

submitted to the Oklahoma Lottery Commission by

persons claiming a lottery prize,

g. unless public disclosure is required by other laws or

regulations, vehicle movement records of the Oklahoma

Transportation Authority obtained in connection with

the Authority’s electronic toll collection system,

Oklahoma Statutes - Title 51. Officers Page 27

h. personal financial information, credit reports, or

other financial data obtained by or submitted to a

public body for the purpose of evaluating credit

worthiness, obtaining a license, permit, or for the

purpose of becoming qualified to contract with a

public body,

i. any digital audio/video recordings of the toll

collection and safeguarding activities of the Oklahoma

Transportation Authority,

j. any personal information provided by a guest at any

facility owned or operated by the Oklahoma Tourism and

Recreation Department to obtain any service at the

facility or by a purchaser of a product sold by or

through the Oklahoma Tourism and Recreation

Department,

k. a United States Department of Defense Form 214 (DD

Form 214) filed with a county clerk, including any DD

Form 214 filed before July 1, 2002,

l. except as provided for in Section 2-110 of Title 47 of

the Oklahoma Statutes:

(1) any record in connection with a Motor Vehicle

Report issued by the Department of Public Safety,

as prescribed in Section 6-117 of Title 47 of the

Oklahoma Statutes, or

(2) personal information within driver records, as

defined by the Driver’s Privacy Protection Act,

18 U.S.C., Sections 2721 through 2725, which are

stored and maintained by the Department of Public

Safety,

m. any portion of any document or information provided to

an agency or entity of the state or a political

subdivision to obtain licensure under the laws of this

state or a political subdivision that contains an

applicant’s personal address, personal phone number,

personal email address, any government-issued

identification numbers, or other contact information;

provided, however, lists of persons licensed, the

existence of a license of a person, or a business or

commercial address, or other business or commercial

information disclosable under state law submitted with

an application for licensure shall be public record,

unless the business or commercial address is the same

as the applicant’s personal address, except when the

applicant permits in writing the disclosure of the

address,

n. an investigative file obtained during an investigation

conducted by the State Department of Health into

Oklahoma Statutes - Title 51. Officers Page 28

violations of the Long-Term Care Administrator

Licensing Act under Title 63 of the Oklahoma Statutes,

or

o. documents, evidence, materials, records, reports,

complaints, or other information in the possession or

control of the Attorney General or Insurance

Department pertaining to an evaluation, examination,

investigation, or review made pursuant to the

provisions of the Patient’s Right to Pharmacy Choice

Act, the Pharmacy Audit Integrity Act, or Sections 357

through 360 of Title 59 of the Oklahoma Statutes;

2. All Social Security numbers included in a record may be

confidential regardless of the person’s status as a public employee

or private individual and may be redacted or deleted prior to

release of the record by the public body;

3. Any reasonably segregable portion of a record containing

exempt material shall be provided after deletion of the exempt

portions; provided, however, the Department of Public Safety shall

not be required to assemble for the requesting person specific

information, in any format, from driving records relating to any

person whose name and date of birth or whose driver license number

is not furnished by the requesting person.

The Oklahoma State Bureau of Investigation shall not be required

to assemble for the requesting person any criminal history records

relating to persons whose names, dates of birth, and other

identifying information required by the Oklahoma State Bureau of

Investigation pursuant to administrative rule are not furnished by

the requesting person;

4. Any request for a record which contains individual records

of persons, and the cost of copying, reproducing or certifying each

individual record is otherwise prescribed by state law, the cost may

be assessed for each individual record, or portion thereof requested

as prescribed by state law. Otherwise, a public body may charge a

fee only for recovery of the reasonable, direct costs of record

copying, or mechanical reproduction. Notwithstanding any state or

local provision to the contrary, in no instance shall the record

copying fee exceed twenty-five cents ($0.25) per page for records

having the dimensions of eight and one-half (8 1/2) by fourteen (14)

inches or smaller, or a maximum of One Dollar ($1.00) per copied

page for a certified copy. However, if the request:

a. is solely for commercial purpose, or

b. would clearly cause excessive disruption of the

essential functions of the public body,

then the public body may charge a reasonable fee to recover the

direct cost of record search and copying; however, publication in a

newspaper or broadcast by news media for news purposes shall not

constitute a resale or use of a record for trade or commercial

Oklahoma Statutes - Title 51. Officers Page 29

purpose and charges for providing copies of electronic data to the

news media for a news purpose shall not exceed the direct cost of

making the copy. The fee charged by the Department of Public Safety

for a copy in a computerized format of a record of the Department

shall not exceed the direct cost of making the copy unless the fee

for the record is otherwise set by law. A public body may require

advance payment of the estimated fees authorized under this section

when the estimated cost exceeds Seventy-five Dollars ($75.00) or if

the requestor has outstanding fees from previous requests. Any

portion of an advance payment that exceeds the costs of responding

to the request shall be returned to the requestor.

Any public body establishing fees under the Oklahoma Open

Records Act shall post a written schedule of the fees at its

principal office and with the county clerk.

In no case shall a search fee be charged when the release of

records is in the public interest, including, but not limited to,

release to the news media, scholars, authors and taxpayers seeking

to determine whether those entrusted with the affairs of the

government are honestly, faithfully, and competently performing

their duties as public servants.

The fees shall not be used for the purpose of discouraging

requests for information or as obstacles to disclosure of requested

information;

5. The land description tract index of all recorded instruments

concerning real property required to be kept by the county clerk of

any county shall be available for inspection or copying in

accordance with the provisions of the Oklahoma Open Records Act;

provided, however, the index shall not be copied or mechanically

reproduced for the purpose of sale of the information;

6. A public body must provide prompt, reasonable access to its

records but may establish reasonable procedures which protect the

integrity and organization of its records and to prevent excessive

disruptions of its essential functions. A delay in providing access

to records shall be limited solely to the time required for

preparing the requested documents and the avoidance of excessive

disruptions of the public body’s essential functions. In no event

may production of a current request for records be unreasonably

delayed until after completion of a prior records request that will

take substantially longer than the current request. Any public body

which makes the requested records available on the Internet shall

meet the obligation of providing prompt, reasonable access to its

records as required by this paragraph;

7. A public body may require a requestor to complete a records

request form. If a records request does not describe the requested

records with reasonable specificity, a public body may ask the

requestor to clarify the request. To have reasonable specificity, a

request shall:

Oklahoma Statutes - Title 51. Officers Page 30

a. specify a general time frame within which the

requested records would have been created or

transmitted,

b. seek identifiable records, rather than general

information without any qualifiers or other

specifications, and

c. include search terms that are sufficiently specific to

assist the public body in identifying the requested

records.

If a public body has engaged with the requestor to seek the

information needed to fulfill the request and to identify the

records sought by the requestor, including providing the requestor

with general topics or a specific list of records related to the

request, the request may be denied if it is still not reasonably

specific; and

8. A public body shall designate certain persons who are

authorized to release records of the public body for inspection,

copying, or mechanical reproduction. At least one person shall be

available at all times to release records during the regular

business hours of the public body.
Okla. Stat. tit. 51, § 51-24A.22 — OK Code / Title 51 / Section 51-24A.22
Public utilities - Confidential books, records and
Status: in_force

trade secrets.

A. The Corporation Commission shall keep confidential those

records of a public utility, its affiliates, suppliers and customers

which the Commission determines are confidential books and records

or trade secrets.

B. As used in this section, "public utility" means any entity

regulated by the Corporation Commission, owning or operating for

compensation in this state equipment or facilities for:

1. Producing, generating, transmitting, distributing, selling

or furnishing electricity;

2. The conveyance, transmission, or reception of communication

over a telephone system; or

3. Transmitting directly or indirectly or distributing

combustible hydrocarbon natural or synthetic natural gas for sale to

the public.
Okla. Stat. tit. 51, § 51-255 — OK Code / Title 51 / Section 51-255
See the following versions:
Status: in_force

OS 51-255v1 (SB 1503, Laws 2022, c. 190, § 16).

OS 51-255v2 (SB 404, Laws 2023, c. 189, § 2).
Okla. Stat. tit. 51, § 51-24A.40 — OK Code / Title 51 / Section 51-24A.40
Public Access Counselor Unit — Review of denials to
Status: in_force

access public records.

A. There is hereby established in the Office of the Attorney

General the Public Access Counselor Unit.

B. A person whose request to inspect or copy a public record is

denied by a public body, except the Legislature and committees,

commissions, and agencies thereof, may file a request for review

with the Public Access Counselor not later than thirty (30) calendar

days after the date of the denial. The request for review shall be

in writing on a form prescribed by the Attorney General and signed

by the requester, and shall include:

1. A copy of the request for access to records; and

2. Any responses from the public body.

C. A person whose request to inspect or copy a public record

was treated by the public body as a request for a commercial purpose

may file a request for review with the Public Access Counselor for

the limited purpose of reviewing whether the public body properly

determined that the request was made for a commercial purpose.

D. A person whose request to inspect or copy a public record

has not been returned in a prompt or reasonable manner may file a

request for review with the Public Access Counselor.

E. No person whose request to inspect or copy a public record

is made for a commercial purpose may file a request for review with

the Public Access Counselor.

F. Upon receipt of a request for review, the Public Access

Counselor shall determine whether further action is warranted. If

the Public Access Counselor determines that the alleged violation is

unfounded, they shall advise the requester and the public body and

no further action shall be undertaken. In all other cases, the

Public Access Counselor shall forward a copy of the request for

review to the public body within seven (7) business days after

receipt and shall specify the records or other documents that the

public body shall furnish to facilitate the review. Within seven

(7) business days after receipt of the request for review, the

Oklahoma Statutes - Title 51. Officers Page 56

public body shall fully cooperate and provide a written response to

the Public Access Counselor. To the extent that records or

documents produced by a public body contain information claimed to

be confidential or exempt from disclosure under the Oklahoma Open

Records Act, the Public Access Counselor shall not further disclose

that information.

G. 1. The Attorney General shall examine the request and

response and shall issue to the public body or public official, or

both, an advisement in response to the request for review within

sixty (60) calendar days after its receipt. Additionally, the

Attorney General shall notify the requester when the office has

completed its review.

2. Upon receipt of an advisement, the public body shall either

take necessary action promptly and reasonably to comply with the

Oklahoma Open Records Act or shall respond to the requester. If the

advisement concludes that no additional response is required, the

requester may file suit in the proper district court against the

public body of which the request was made.

3. A public body that discloses records in accordance with

advice of the Attorney General is immune from all liabilities by

reason thereof and shall not be liable for penalties under this act.

H. If the requester files suit under Section 24A.17 of Title 51

of the Oklahoma Statutes with respect to the same denial that is the

subject of a pending request for review, the requester shall notify

the Public Access Counselor, and the Public Access Counselor shall

take no further action with respect to the request for review and

shall so notify the public body.

I. The Attorney General may issue advisory opinions to advise

public bodies regarding compliance with this act. A review may be

initiated upon receipt of a written request from the head of the

public body or its attorney, which shall contain sufficient accurate

facts from which a determination can be made. The Public Access

Counselor may request additional information from the public body in

order to assist in the review. A public body that relies in good

faith on the advice of the Attorney General in responding to a

request is not liable for penalties under this act if the facts upon

which the advice is based have been fully and fairly disclosed to

the Public Access Counselor.

J. If the Public Access Counselor finds that a person

requesting review of an agency's action pursuant to subsections B,

C, or D of this section has submitted multiple frivolous requests,

the Public Access Counselor may deny future requests for review.

K. Notwithstanding any other provisions of law, the Attorney

General shall not be required to produce pursuant to Section 24A.5

of Title 51 of the Oklahoma Statutes, the following:

1. Any records provided under this section to the Office of the

Attorney General by another public body;

Oklahoma Statutes - Title 51. Officers Page 57

2. Any correspondence between the Office of the Attorney

General and the public body related to advice under this section; or

3. Any work papers or product of the Office of the Attorney

General in carrying out the duties required by this section.

L. Nothing in this section shall be construed to limit the

Attorney General from enforcing or taking action regarding the

Oklahoma Open Records Act.
Okla. Stat. tit. 51, § 51-61 — OK Code / Title 51 / Section 51-61
Witness - Evidence - Process
Status: in_force

The clerk of such court, at the request of the chairman of the

Board of Managers, or of the accused, shall issue subpoena for

witnesses, and for the production of books or papers, and in case of

disobedience of any such process, the court may order its clerk to

issue process for the arrest of such witness or for the seizure of

books or papers. All process shall be served or executed by the

marshal or his assistant, or by any sheriff or deputy in the several

counties of the state.
Okla. Stat. tit. 51, § 51-24A.2 — OK Code / Title 51 / Section 51-24A.2
Public policy - Purpose of act
Status: in_force

As the Oklahoma Constitution recognizes and guarantees, all

political power is inherent in the people. Thus, it is the public

policy of the State of Oklahoma that the people are vested with the

inherent right to know and be fully informed about their government.

The Oklahoma Open Records Act shall not create, directly or

indirectly, any rights of privacy or any remedies for violation of

any rights of privacy; nor shall the Oklahoma Open Records Act,

except as specifically set forth in the Oklahoma Open Records Act,

establish any procedures for protecting any person from release of

information contained in public records. The purpose of this act is

to ensure and facilitate the public's right of access to and review

of government records so they may efficiently and intelligently

exercise their inherent political power. The privacy interests of

individuals are adequately protected in the specific exceptions to

the Oklahoma Open Records Act or in the statutes which authorize,

create or require the records. Except where specific state or

federal statutes create a confidential privilege, persons who submit

information to public bodies have no right to keep this information

from public access nor reasonable expectation that this information

will be kept from public access; provided, the person, agency or

political subdivision shall at all times bear the burden of

establishing such records are protected by such a confidential

privilege. Except as may be required by other statutes, public

bodies do not need to follow any procedures for providing access to

public records except those specifically required by the Oklahoma

Open Records Act.
Okla. Stat. tit. 51, § 51-105 — OK Code / Title 51 / Section 51-105
Prima facie evidence
Status: in_force

Proof that any of the penal statutes of the state which any such

officer is enjoined by law to enforce, have been openly and

notoriously violated within the jurisdiction of such officer shall

be prima facie evidence of willful official misconduct on the part

of such officer and unless controverted shall be sufficient ground

for suspension or removal under the terms of this act.

Provided, nothing in this act shall relieve the state of the

burden of proving the allegations against the accused by a

preponderance of the evidence.
Okla. Stat. tit. 51, § 51-153.1 — OK Code / Title 51 / Section 51-153.1
Housing of federal inmates from another state - Private
Status: in_force

prison facilities - Public trusts - Action or recovery barred.

Nothing in the Governmental Tort Claims Act shall be construed

as allowing an action or recovery against this state, against any

city, town or county that is the sole beneficiary of a public trust,

or against any employee of this state or any city, town or county of

this state due to the housing of federal inmates or inmates from

another state in facilities owned or operated by private prison

contractors. If a public trust that has as its sole beneficiary a

city, town or county has a facility that houses federal inmates or

inmates from another state, the immunity provided for in the

Governmental Tort Claims Act shall not apply to that trust.
Okla. Stat. tit. 51, § 51-24A.10 — OK Code / Title 51 / Section 51-24A.10
Full disclosure of voluntarily supplied information
Status: in_force

A. Any information, records or other material heretofore

voluntarily supplied to any state agency, board or commission shall

be subject to full disclosure pursuant to Section 24A.1 et seq. of

this title.

B. If disclosure would give an unfair advantage to competitors

or bidders, a public body may keep confidential records relating to:

1. Bid specifications for competitive bidding prior to

publication by the public body;

2. Contents of sealed bids prior to the opening of bids by a

public body;

3. Computer programs or software but not data thereon;

4. Appraisals relating to the sale or acquisition of real

estate by a public body prior to award of a contract; or

5. The prospective location of a private business or industry

prior to public disclosure of such prospect except for records

otherwise open to inspection such as applications for permits or

licenses.

C. Except as set forth hereafter, the Oklahoma Department of

Commerce, the Oklahoma Department of Career and Technology

Education, the technology center school districts, the Oklahoma Film

and Music Office, institutions within the Oklahoma State System of

Higher Education and the Department of Corrections may keep

confidential:

1. Business plans, feasibility studies, financing proposals,

marketing plans, financial statements or trade secrets submitted by

Oklahoma Statutes - Title 51. Officers Page 41

a person or entity seeking economic advice, business development or

customized training from such Departments or school districts;

2. Proprietary information of the business submitted to the

Department or school districts for the purpose of business

development or customized training, and related confidentiality

agreements detailing the information or records designated as

confidential; and

3. Information compiled by such Departments or school districts

in response to those submissions.

The Oklahoma Department of Commerce, the Oklahoma Department of

Career and Technology Education, the technology center school

districts, the Oklahoma Film and Music Office, institutions within

the Oklahoma State System of Higher Education and the Department of

Corrections may not keep confidential that submitted information

when and to the extent the person or entity submitting the

information consents to disclosure.

D. Although they must provide public access to their records

including records of the address, rate paid for services, charges,

consumption rates, adjustments to the bill, reasons for adjustment,

the name of the person that authorized the adjustment and payment

for each customer, public bodies that provide utility services to

the public shall keep confidential and shall redact from any record,

personal email addresses, credit information, credit card numbers,

telephone numbers, social security numbers, bank account information

for individual customers and any portion of any record that contains

the name or any other identifier of the occupants of any residential

structure. Public bodies that provide utility services to the

public may keep confidential utility supply and utility equipment

supply contracts for any industrial customer with a connected

electric load in excess of two thousand five hundred (2,500)

kilowatts if public access to such contracts would give an unfair

advantage to competitors of the customer; provided that, where a

public body performs billing or collection services for a utility

regulated by the Corporation Commission pursuant to a contractual

agreement, any customer or individual payment data obtained or

created by the public body in performance of the agreement shall not

be a record for purposes of the Oklahoma Open Records Act.
Okla. Stat. tit. 51, § 51-160 — OK Code / Title 51 / Section 51-160
Recovery of payments from employees
Status: in_force

The state or political subdivision shall have the right to

recover from an employee for any claim or action under this act or

any other claim or action any payments made by it for any judgment

or settlement, or portion thereof, and costs or fees by or on behalf

of an employee's defense if it is shown that the conduct of the

employee which gave rise to the claim or action was outside the

scope of his employment, or if the employee fails to cooperate in

good faith in the defense of the claim or action. A judgment or

settlement in an action or claim under this act shall constitute a

complete bar to any action by the claimant against an employee whose

conduct gave rise to the claim resulting in that judgment or

settlement. Nothing in this act shall be construed to authorize the

state or political subdivision to pay for any punitive or exemplary

damages rendered against an employee.
Okla. Stat. tit. 51, § 51-121 — OK Code / Title 51 / Section 51-121
Declaration of policy
Status: in_force

In order to extend to employees of the state and its political

subdivisions and of the instrumentalities of either, and to the

dependents and survivors of such employees, the basic protection

accorded to others by the old-age and survivors insurance system

embodied in the Social Security Act, it is hereby declared to be the

policy of the Legislature, subject to the limitations of this act,

that such steps be taken as to provide such protection to employees

of the state and local governments on as broad a basis as is

permitted under applicable federal law. It is also the policy of

the Legislature that the protection afforded employees in positions

covered by a retirement system on the date an agreement under this

act is made applicable to service performed in such position, or

receiving periodic benefits under such retirement system at such

time, will not be impaired as a result of making the agreement so

applicable or as a result of legislative enactment in anticipation

thereof.
Okla. Stat. tit. 51, § 51-159 — OK Code / Title 51 / Section 51-159
Enforcement of judgments
Status: in_force

A. Judgments recovered against the state or political

subdivisions under the provisions of this act shall be enforced in

the same manner and to the same extent as judgments are now enforced

against the state or political subdivisions under the law except as

herein provided.

B. If the judgment is obtained against the state or a political

subdivision that has procured a contract or policy of liability or

indemnity insurance protection, the holder of the judgment may use

the methods of collecting the judgment which are provided by the

policy or contract or law to the extent of the limits of coverage

provided.

C. For the payment of any judgment obtained under the

provisions of this act against a political subdivision that is a

self-insurer or not fully covered by liability insurance, the manner

of paying a money judgment shall be as follows. Proof of

indebtedness, as required in Sections 362 through 364 of Title 62 of

the Oklahoma Statutes and evidence of any estimated tax levy or

increases necessary to reimburse the sinking fund for the purposes

of the judgment as provided in Section 431 of Title 62 of the

Oklahoma Statutes, and other evidence or statements which the court

may require, shall be made to the court before final judgment is

rendered. As an alternative to paying the money judgment out of the

sinking fund at the rate of one-third (1/3) each year, the court,

based on consideration of evidence and proof, may provide for the

judgment to be paid over a period of not less than one (1) nor more

than ten (10) years. The interest rate on any judgment when payment

Oklahoma Statutes - Title 51. Officers Page 113

is extended more than three (3) years shall be at the rate

prescribed by law for the first three (3) years and at the rate of

six percent (6%) for each remaining year.

D. Money judgments against the state not payable by insurance

shall be paid in the following manner. An agency whose act or

omission gave rise to the judgment may, at its discretion and upon

approval of the Director of the Office of Management and Enterprise

Services, pay a judgment or any portion thereof from any funds

available to it. Provided, however, no agency shall be required to

pay a judgment prior to the fiscal year next following the fiscal

year in which the judgment is obtained. Any such judgment may be

paid at a rate of one-third (1/3) per fiscal year from funds

available for operation of the agency.

E. Nothing in this act shall be interpreted as allowing liens

on public property.
Okla. Stat. tit. 51, § 51-200 — OK Code / Title 51 / Section 51-200
Settlements - Legislative approval - Involvement of
Status: in_force

Attorney General.

A. 1. No agency, board or commission, public officer, official

or employee of the State of Oklahoma shall, without the approval of

the Oklahoma State Legislature when it is in regular session, or by

the Contingency Review Board, when the Legislature is not in regular

session, enter into any default or agreed judgment, consent decree

or other settlement of any litigation or claim against this state

which would require a settlement expenditure in excess of Two

Hundred Fifty Thousand Dollars ($250,000.00) or the creation,

modification or implementation of a court-ordered or legislatively

authorized plan or program which would necessitate an appropriation

by the Legislature in excess of Two Hundred Fifty Thousand Dollars

($250,000.00). Approval of the Oklahoma Legislature pursuant to

this section shall be by concurrent resolution. The Speaker of the

House of Representatives and the President Pro Tempore of the Senate

shall notify their respective membership of the default or agreed

judgment, consent decree or other settlement of litigation or claim.

Any default or agreed judgment, consent decree or other settlement

entered into in violation of this section shall be void.

2. Any agreed judgment, consent decree or other settlement of

litigation or claim against this state which shall be paid from the

Risk Management Fund and any statutory condemnation proceeding shall

be exempt from the provisions of this section.

B. The Attorney General shall be notified by any agency, board

or commission, public officer, official or employee of this state of

all lawsuits against said agency, board or commission, public

officer, official or employee that seeks relief which would impose

obligations requiring an agency to request a supplemental

appropriation or to request an increase in appropriations to

maintain the current level of services beyond the fiscal year in

which the lawsuit is filed if said lawsuit was settled in favor of

the plaintiff. The Attorney General shall review any such cases and

may represent the interests of the state, if he considers it to be

in the best interest of the state to do so. Representation of

multiple defendants in such actions may, at the discretion of the

Attorney General, be divided with counsel for the agency, board or

commission, public officer, official or employee of this state as

necessary to avoid conflicts of interest. The Attorney General may

levy and collect costs, expenses of litigation and a reasonable

attorney's fee for such legal services from the agency, board or

commission, public officer, official or employee of this state.

Oklahoma Statutes - Title 51. Officers Page 124

C. A copy of the service summons in all actions on claims

against the state shall be made on the Attorney General of this

state by the petitioner.
Okla. Stat. tit. 51, § 51-68 — OK Code / Title 51 / Section 51-68
Trial after adjournment - Per diem of Senators - How paid
Status: in_force

In case the court of impeachment shall sit and hold its sessions

after the Legislature has adjourned, the Senators composing such

Oklahoma Statutes - Title 51. Officers Page 68

court and the managers representing the House of Representatives

shall be paid the same per diem and mileage as is prescribed for

members of the Legislature when convened in regular session. The

clerk, marshal, stenographers, and other employees shall receive the

same compensation as is prescribed for like officers and employees

in the Senate. The members, officers and employees of the court

shall be paid upon certificates signed by the presiding Justice of

the court, attested by its clerk.
Okla. Stat. tit. 51, § 51-24A.32 — OK Code / Title 51 / Section 51-24A.32
Confidential multidisciplinary child abuse reports or
Status: in_force

elderly and vulnerable adult abuse reports.

Any reports produced or information received by the

multidisciplinary child abuse team established according to the

provisions in Section 1-9-102 of Title 10A of the Oklahoma Statutes,

or the multidisciplinary elderly and vulnerable adult abuse team

established according to the provisions in Section 2 of this act,

shall be confidential and may be kept confidential by the team.Oklahoma Statutes - Title 51. Officers Page 2
Okla. Stat. tit. 51, § 51-156 — OK Code / Title 51 / Section 51-156
Presentation of claim - Limitation of actions - Filing -
Status: in_force

Notice - Wrongful death.

A. Any person having a claim against the state or a political

subdivision within the scope of Section 151 et seq. of this title

shall present a claim to the state or political subdivision for any

appropriate relief including the award of money damages.

B. Except as provided in subsection H of this section, and not

withstanding any other provision of law, claims against the state or

a political subdivision are to be presented within one (1) year of

the date the loss occurs. A claim against the state or a political

subdivision shall be forever barred unless notice thereof is

presented within one (1) year after the loss occurs.

C. A claim against the state shall be in writing and filed with

the Office of the Risk Management Administrator of the Office of

Management and Enterprise Services who shall immediately notify the

Attorney General and the agency concerned and conduct a diligent

investigation of the validity of the claim within the time specified

for approval or denial of claims by Section 157 of this title. A

claim may be filed by certified mail with return receipt requested.

A claim which is mailed shall be considered filed upon receipt by

the Office of the Risk Management Administrator.

D. A claim against a political subdivision shall be in writing

and filed with the office of the clerk of the governing body.

E. The written notice of claim to the state or a political

subdivision shall state the date, time, place and circumstances of

the claim, the identity of the state agency or agencies involved,

the amount of compensation or other relief demanded, the name,

address and telephone number of the claimant, the name, address and

telephone number of any agent authorized to settle the claim, and

any and all other information required to meet the reporting

requirements of the Medicare Secondary Payer Mandatory Reporting

Provisions in Section 111 of the Medicare, Medicaid and SCHIP

Extension Act of 2007 (MMSEA) through the Centers for Medicare &

Medicaid Services (CMS). Failure to state either the date, time,

place and circumstances and amount of compensation demanded, or any

information requested to comply with the reporting claims to CMS

under MMSEA shall not invalidate the notice unless the claimant

Oklahoma Statutes - Title 51. Officers Page 109

declines or refuses to furnish such information after demand by the

state or political subdivision. The time for giving written notice

of claim pursuant to the provisions of this section does not include

the time during which the person injured is unable due to

incapacitation from the injury to give such notice, not exceeding

ninety (90) days of incapacity.

F. If the written notice of claim demands relief for personal

injuries, the claimant shall provide the name and address of all

health care providers who treated the claimant since the date and

time of the circumstances claimant set forth in the notice of claim

required by subsection E of this section and the date of the notice

required by subsection E of this section. For each health care

provider required to be identified, the claimant shall provide a

HIPPA compliant authorization for release of health information.

Failure to provide the name and address of all health care providers

and the HIPPA compliant authorization required by this subsection

shall not invalidate the notice required by subsection E of this

section unless the claimant declines or refuses to furnish such

information after demanded by the state or political subdivision.

G. If the written notice of claim demands relief for loss of

earnings, the claimant shall provide the documentation of the loss

of earnings since the date and time of the circumstances claimant

set forth in the notice of claim required by subsection E of this

section and the date of the notice required by subsection E of this

section. Failure to provide the documentation required by this

subsection shall not invalidate the notice required by subsection E

of this section unless claimant declines or refuses to furnish such

information after demanded by the state or political subdivision.

H. If the written notice of claim demands relief for losses of

real or personal property, the claimant shall provide the amount of

the property loss claimed, the method used to calculate the amount

of loss, documentation relied upon in determining the amount of

loss, and proof of the claimant's ownership of property. Failure to

provide the documentation required by this subsection shall not

invalidate the notice required by subsection E of this section

unless claimant declines or refuses to furnish such information

after demanded by the state or political subdivision.

I. When the claim is one for death by wrongful act or omission,

notice may be presented by the personal representative within one

(1) year after the death occurs. If the person for whose death the

claim is made has presented notice that would have been sufficient

had he lived, an action for wrongful death may be brought without

any additional notice.

J. Claims and suits against resident physicians or interns

shall be made in accordance with the provisions of Titles 12 and 76

of the Oklahoma Statutes.

Oklahoma Statutes - Title 51. Officers Page 110

K. For purposes of claims based on wrongful felony conviction

resulting in imprisonment provided for in Section 154 of this title,

loss occurs on the date that the claimant receives a pardon based on

actual innocence from the Governor or the date that the claimant

receives judicial relief absolving the claimant of guilt based on

actual innocence; provided, for persons whose basis for a claim

occurred prior to the effective date of this act, the claim must be

submitted within one (1) year after the effective date of this act.
Okla. Stat. tit. 51, § 51-36.2A — OK Code / Title 51 / Section 51-36.2A
Form of loyalty oath or affirmation
Status: in_force

The oath or affirmation required by this act, same being

cumulative to the oath of office required by Section 1 of Article XV

of the Oklahoma Constitution, shall be as follows:

I do solemnly swear (or affirm) that I will support the

Constitution and the laws of the United States of America and the

Constitution and the laws of the State of Oklahoma, and that I will

faithfully discharge, according to the best of my ability, the

duties of my office or employment during such time as I am _______

__________________________________________________________________

(Here put name of office, or, if an employee, insert “An Employee Of

_____________” followed by the complete designation of the employing

officer, agency, authority, commission, department or institution.)

___________________________

Affiant

Subscribed and sworn to before me this __ day of _______, ___.

_________________________________

Notary Public, or other officer

authorized to administer oaths or

affirmations.
Okla. Stat. tit. 51, § 51-99 — OK Code / Title 51 / Section 51-99
Name in which action commenced
Status: in_force

All actions under the provisions of this act shall be commenced

in the name of the State of Oklahoma on the relation of the Attorney

General of the state.
Okla. Stat. tit. 51, § 51-14 — OK Code / Title 51 / Section 51-14
Appointees to qualify
Status: in_force

Persons appointed to offices as herein provided, shall qualify

in the same manner as is required of those elected, the time of

which shall be prescribed in their appointments.

R.L. 1910, § 4281.
Okla. Stat. tit. 51, § 51-24A.24 — OK Code / Title 51 / Section 51-24A.24
Office of Juvenile System Oversight - Confidentiality
Status: in_force

of investigatory records and notes.

Unless otherwise provided by law, the Office of Juvenile System

Oversight may keep its investigatory records and notes confidential,

unless ordered by a court of competent jurisdiction to disclose the

information.
Okla. Stat. tit. 51, § 51-258 — OK Code / Title 51 / Section 51-258
Governmental authority
Status: in_force

Notwithstanding any provision of this act, a governmental entity

has no less authority to adopt or apply laws and regulations in a

nondiscriminatory manner concerning zoning, land use planning,

traffic management, urban nuisance, or historic preservation, than

the authority of the governmental entity that existed under the law

prior to the passage of this act. This section does not affect the

authority of a governmental entity to adopt or apply laws and

regulations as that authority has been interpreted by any court.
Okla. Stat. tit. 51, § 51-172 — OK Code / Title 51 / Section 51-172
Rural water supply and sewage disposal corporations -
Status: in_force

Insurance.

A. The governing body of any corporation organized not for

profit for the primary purpose of developing and providing rural

Oklahoma Statutes - Title 51. Officers Page 122

water supply and sewage disposal facilities to serve rural residents

and districts formed pursuant to the Rural Water, Sewer, Gas and

Solid Waste Management Districts Act, Section 1324.1 et seq. of

Title 82 of the Oklahoma Statutes, may:

1. Insure said entity against all or any part of any liability

it may incur for death, injury or disability of any person or for

damage to property, either real or personal;

2. Insure any employee of said entity against all or any part

of his liability for injury or damage resulting from an act or

omission in the scope of employment;

3. Insure against the expense of defending a claim against said

entity or its employee, whether or not liability exists on such

claim;

4. Insure said entity or its employee against any loss, damage

or liability as provided by Sections 702 through 708 of Title 36 of

the Oklahoma Statutes; or

5. Provide other forms of insurance provided for in Title 36 of

the Oklahoma Statutes.

The cost or premium of any such insurance is a proper

expenditure of said entity.

As used in this subsection, "employee" means any person who has

acted in behalf of said entity, whether that person is acting on a

permanent or temporary basis with or without being compensated or on

a full-time or part-time basis. The term "employee" shall also

include but not be limited to all elected or appointed officers,

members of governing bodies of said entity, and other persons

designated by said entity to act in its behalf.

B. Any insurance authorized by law to be purchased, obtained or

provided by said entity may be provided by:

1. Self-insurance, which may be, but is not required to be,

funded by appropriations to establish or maintain reserves for self-

insurance purposes;

2. Insurance with any insurer authorized to transact insurance

in this state;

3. Insurance secured in accordance with any other method

provided by law; or

4. Any combination of insurance authorized by this section.

C. Two or more said entities or public agencies, by interlocal

agreement made pursuant to Section 1001 et seq. of Title 74 of the

Oklahoma Statutes, may provide insurance for any purpose by any one

or more of the methods specified in this section. The pooling of

self-insured reserves, claims or losses among said entities as

authorized in this act shall not be construed to be transacting

insurance nor otherwise subject to the provisions of the laws of

this state regulating insurance or insurance companies. Two or more

said entities may also be insured under a master policy or contract

of insurance. Premium costs may be set individually for each entity

Oklahoma Statutes - Title 51. Officers Page 123

or apportioned among participating entities as provided by the

master policy or contract.
Okla. Stat. tit. 51, § 51-155.1 — OK Code / Title 51 / Section 51-155.1
Claims relating to roads, streets or highways -
Status: in_force

Limitation.

Nothing contained in this act shall be construed as allowing an

action or recovery against the state or any of its officers or

employees on a claim or cause of action founded upon any loss

occurring from a defect or dangerous condition on any road, street

or highway which was in existence, whether known or unknown:

1. On October 1, 1985; or

2. When an existing facility became or becomes a part of the

state highway system; or

3. When an existing facility became or becomes the maintenance

responsibility of the state, to the extent of that responsibility as

required by law.

To the extent that the state is required by law to maintain a

road, street, or highway within the territorial limits of a

political subdivision, the political subdivision shall not be liable

for any loss occurring from a defect or dangerous condition in the

area required to be maintained by the state.
Okla. Stat. tit. 51, § 51-36.6 — OK Code / Title 51 / Section 51-36.6
Violation of oath or affirmation
Status: in_force

Every public officer or employee having taken and subscribed to

the oath or affirmation required by this act and having entered upon

the duties of his office or employment, who, while holding his

office or while being so employed, advocates by the medium of

teaching, or justifies, directly or indirectly, or becomes a member

of or affiliated with the Communist Party or the Cominform, or with

any party or organization, political or otherwise, known by him to

advocate by the medium of teaching, or justify, directly or

indirectly, revolution, sedition, treason or a program of sabotage,

or the overthrow of the government of the United States or of the

State of Oklahoma or a change in the form of government thereof by

force, violence, or other unlawful means, shall be guilty of a Class

C2 felony offense and, upon conviction, be punished by imprisonment

as provided for in subsections B through F of Section 20M of Title

21 of the Oklahoma Statutes, and in addition thereto, the person

shall forfeit his or her office or employment.
Okla. Stat. tit. 51, § 51-154v1 — OK Code / Title 51 / Section 51-154v1
Extent of liability – Wrongful criminal felony
Status: in_force

convictions resulting in imprisonment - Punitive or exemplary

damages - Joinder of parties - Several liability.

A. The total liability of the state and its political

subdivisions on claims within the scope of The Governmental Tort

Claims Act, arising out of an accident or occurrence happening after

October 1, 1985, Section 151 et seq. of this title, shall not

exceed:

1. Twenty-five Thousand Dollars ($25,000.00) for any claim or

to any claimant who has more than one claim for loss of property

arising out of a single act, accident, or occurrence;

2. Except as otherwise provided in this paragraph, One Hundred

Twenty-five Thousand Dollars ($125,000.00) to any claimant for a

claim for any other loss arising out of a single act, accident, or

occurrence. The limit of liability for the state or any city or

county with a population of three hundred thousand (300,000) or more

according to the latest Federal Decennial Census, or a political

subdivision as defined in subparagraph s of paragraph 11 of Section

152 of this title, shall not exceed One Hundred Seventy-five

Thousand Dollars ($175,000.00). Except however, the limits of the

liability for the University Hospitals and State Mental Health

Hospitals operated by the Department of Mental Health and Substance

Abuse Services for claims arising from medical negligence shall be

Two Hundred Thousand Dollars ($200,000.00). For claims arising from

medical negligence by any licensed physician, osteopathic physician

or certified nurse-midwife rendering prenatal, delivery or infant

care services from September 1, 1991, through June 30, 1996,

pursuant to a contract authorized by subsection B of Section 1-106

of Title 63 of the Oklahoma Statutes and in conformity with the

requirements of Section 1-233 of Title 63 of the Oklahoma Statutes,

the limits of the liability shall be Two Hundred Thousand Dollars

($200,000.00); or

3. One Million Dollars ($1,000,000.00) for any number of claims

arising out of a single occurrence or accident.

B. 1. Beginning on July 1, 2025, claims shall be allowed for

wrongful criminal felony conviction resulting in imprisonment if the

claimant has received a full pardon on the basis of a written

finding by the Governor of actual innocence for the crime for which

the claimant was sentenced or has been granted judicial relief

absolving the claimant of guilt on the basis of actual innocence of

the crime for which the claimant was sentenced. The Governor or the

court shall specifically state, in the pardon or order, the evidence

or basis on which the finding of actual innocence is based.

2. As used in paragraph 1 of this subsection, for a claimant to

recover based on "actual innocence", the individual must meet the

following criteria:

Oklahoma Statutes - Title 51. Officers Page 96

a. the individual was charged, by indictment or

information, with the commission of a public offense

classified as a felony,

b. the individual was sentenced to incarceration for a

term of imprisonment as a result of the conviction,

c. the individual was imprisoned solely on the basis of

the conviction for the offense, and

d. (1) in the case of a pardon, a determination was made

by either the Pardon and Parole Board or the

Governor that the offense for which the

individual was convicted, sentenced and

imprisoned, including any lesser offenses, was

not committed by the individual, or

(2) in the case of judicial relief, a court of

competent jurisdiction found by clear and

convincing evidence that the offense for which

the individual was convicted, sentenced and

imprisoned, including any lesser included

offenses, was not committed by the individual and

issued an order vacating, dismissing or reversing

the conviction and sentence and providing that no

further proceedings can be or will be held

against the individual on any facts and

circumstances alleged in the proceedings which

had resulted in the conviction.

3. A claimant shall not be entitled to compensation for any

part of a sentence in prison during which the claimant was also

serving a concurrent sentence for a crime not covered by this

subsection.

4. The total liability of the state and its political

subdivisions on any claim within the scope of The Governmental Tort

Claims Act arising out of wrongful criminal felony conviction

resulting in imprisonment shall be in an amount equal to Fifty

Thousand Dollars ($50,000.00) multiplied by the number of years

served in prison, expressed as a fraction to reflect partial years.

5. In addition to the award of damages provided for in

paragraph 4 of this subsection, a claimant who served his or her

time on death row shall be entitled to receive supplemental

compensation in the amount of Fifty Thousand Dollars ($50,000.00)

multiplied by the number of years the person served on death row,

expressed as a fraction to reflect partial years.

6. In addition to the award of damages provided for in

paragraph 4 of this subsection, a claimant who was released on

parole or released under conditions of probation shall be entitled

to receive supplemental compensation in the amount of Twenty-five

Thousand Dollars ($25,000.00) multiplied by the number of years the

Oklahoma Statutes - Title 51. Officers Page 97

person was on parole or under probation, expressed as a fraction to

reflect partial years.

7. A claimant entitled to compensation under the provisions of

this subsection shall be entitled to an award of damages under this

subsection of One Million Dollars ($1,000,000.00) or less shall be

paid to the claimant in a lump sum. If an award of damages under

this subsection exceeds One Million Dollars ($1,000,000.00), then

One Million Dollars ($1,000,000.00) of the award shall be paid to

the claimant in a lump sum and the remainder shall be paid annually

in equal payments over a period of three (3) years.

8. The provisions of this subsection shall apply to

exonerations occurring on and after July 1, 2025.

C. No award for damages in an action or any claim against the

state or a political subdivision shall include punitive or exemplary

damages.

D. When the amount awarded to or settled upon multiple

claimants exceeds the limitations of this section, any party may

apply to the district court which has jurisdiction of the cause to

apportion to each claimant the claimant's proper share of the total

amount as limited herein. The share apportioned to each claimant

shall be in the proportion that the ratio of the award or settlement

made to him bears to the aggregate awards and settlements for all

claims against the state or its political subdivisions arising out

of the occurrence. When the amount of the aggregate losses

presented by a single claimant exceeds the limits of paragraph 1 or

2 of subsection A of this section, each person suffering a loss

shall be entitled to that person's proportionate share.

E. The total liability of resident physicians and interns while

participating in a graduate medical education program of the

University of Oklahoma College of Medicine, its affiliated

institutions and the Oklahoma College of Osteopathic Medicine and

Surgery shall not exceed One Hundred Thousand Dollars ($100,000.00).

F. The state or a political subdivision may petition the court

that all parties and actions arising out of a single accident or

occurrence shall be joined as provided by law, and upon order of the

court the proceedings upon good cause shown shall be continued for a

reasonable time or until such joinder has been completed. The state

or political subdivision shall be allowed to interplead in any

action which may impose on it any duty or liability pursuant to The

Governmental Tort Claims Act.

G. The liability of the state or political subdivision under

The Governmental Tort Claims Act shall be several from that of any

other person or entity, and the state or political subdivision shall

only be liable for that percentage of total damages that corresponds

to its percentage of total negligence. Nothing in this section

shall be construed as increasing the liability limits imposed on the

Oklahoma Statutes - Title 51. Officers Page 98

state or political subdivision under The Governmental Tort Claims

Act.
Okla. Stat. tit. 51, § 51-46 — OK Code / Title 51 / Section 51-46
Procedure authorized - Checks and balances preserved -
Status: in_force

Withholding and disbursing agents defined - Warrants - Reservation

of funds - Transmission - Lost checks.

In every instance where the United States of America or the

State of Oklahoma, or both, have enacted laws requiring reservation

or withholding of tax levied upon salaries, wages, or other

compensation of officers, deputies, and employees of the state or of

any county, city, town, board of education, or school district or

any other municipal subdivision thereof, the public funds of which,

under the system of checks and balances prescribed by the

Legislature under mandate of the Constitution of this state, are

disbursed only upon warrant upon the treasurer pursuant to verified

itemized claim, the procedures herein prescribed are authorized, and

required to be followed, for the purpose of enabling the tax so

withheld to be transmitted, without delay and without peril of

penalty, to the Collector of Internal Revenue in the case of the

United States and to the Oklahoma Tax Commission in the case of the

state.

a. It is specifically provided that the Oklahoma system of

checks and balances upon the receiving and disbursing of public

monies be preserved intact, regulations of federal agencies to the

contrary notwithstanding.

b. Withholding agents, charged with the duty of reserving or

withholding any tax upon the salary, wage or compensation of public

officers, deputies, or employees, shall comprehend and include all

of the following:

1. All officers, boards, and commissions charged with the

administrative duty of considering salary, wage and compensation

Oklahoma Statutes - Title 51. Officers Page 62

claims for final approval and order to issue warrant in payment

thereof;

2. All officers charged with the duty of issuing, signing,

attesting, registering, or paying the warrant drawn and issued

pursuant to the order allowing the claim.

c. Disbursing officers, for purpose of paying the tax so

withheld, shall be the same officers hereinbefore defined as

withholding agents, with liability for such tax payment in the same

order or sequence.

d. The tax withheld shall be paid only upon warrant against the

reserves or withholdings accumulated, in the same manner as other

warrants; except that, in lieu of verified claim, the issuing

officer shall prepare and present a detailed statement of account on

behalf of the U.S. Collector of Internal Revenue or of the Oklahoma

Tax Commission, as the case may be, which shall be entered upon the

calendar, considered as other claims, and warrant ordered issued,

signed, and attested in the amount found proper.

e. If no monies have been collected for credit to the fund

account against which such warrant was drawn, the same shall be

registered "funds not available," and no treasurer or other

withholding officer shall be liable or penalized for nonacceptance.

f. When monies have been collected for credit to any fund

account subject to such warrant, it shall be the duty of the

treasurer to estimate and reserve a sufficient amount of cash on

hand to register such warrant "funds available" as such tax

withholdings accrue, regardless of other warrant registrations; and

such treasurer shall not be liable to the holder of any warrant

previously registered by reason of such reserve.

g. The warrant order upon the treasurer directing him to pay

the accumulation of tax withheld to the U.S. Collector of Internal

Revenue or the Oklahoma Tax Commission, as the case may be, when the

warrant is registered "funds available" as aforesaid, shall require

no endorsement, but the treasurer shall forthwith draw his check

upon his depository bank in payment thereof and mail it to the

proper office. If required, he may require his depository bank to

certify on the face of the check as to the funds on deposit, but no

charge may be made for such certification.

h. It shall be unlawful for the treasurer to purchase bank

draft or any other commercial exchange that has not the protection

and security of the bank collateral or insurance for his funds on

deposit; and no additional expense may be incurred by the treasurer

against the municipality for transmitting such tax other than

ordinary postage, or registered mail if required.

i. No bond shall be required for duplicate issue of lost check;

but, in such event, stop-payment order shall be posted with the

depository bank. This provision shall apply only in instance of

checks transmitting tax.

Oklahoma Statutes - Title 51. Officers Page 63
Okla. Stat. tit. 51, § 51-24A.29 — OK Code / Title 51 / Section 51-24A.29
Protective orders for pleadings, other materials -
Status: in_force

Microfilm records - Procedures - Storing of protected materials -

Confidentiality.

A. Unless confidentiality is specifically required by law, any

order directing the withholding or removal of pleadings or other

material from a public record shall contain:

1. A statement that the court has determined it is necessary in

the interests of justice to remove the material from the public

record and in those instances where such withholding is required by

law, the order shall so indicate;

2. Specific identification of the material which is to be

withheld, removed or withdrawn from the public record, or which is

to be filed but not placed in the public record; and

3. A requirement that any party seeking to file protected

materials place such materials in a sealed manila envelope clearly

marked with the caption and case number, the word “CONFIDENTIAL”,

and stating the date the order was entered and the name of the judge

entering the order. This requirement may also be satisfied by

requiring the party to file the documents pursuant to the procedure

for electronically filing sealed or confidential documents approved

for electronic filing in the courts of this state.

B. No protective order entered after the filing and

microfilming of documents of any kind shall be construed to require

the microfilm record of such filing to be amended in any fashion,

and no other accounting entries may be affected by such order.

C. The party or counsel who has received the protective order

shall be responsible for promptly presenting the order to

appropriate supervisory court clerk personnel for action.

Oklahoma Statutes - Title 51. Officers Page 53

D. All documents produced or testimony given under a protective

order shall be retained in the office of counsel until required by

the court to be filed in the case.

E. Counsel for the respective parties shall be responsible for

informing witnesses and other persons, as necessary, of the contents

of the protective order.

F. When a case if filed in which a party intends to seek an

order withholding removing material from the public record, the

parties shall be initially designated on the petition under a

pseudonym such as “John or Jane Doe”, or “Roe”, and the petition

shall clearly indicate that the party designations are fictitious.

The party seeking confidentiality or other order withholding or

removing the case, in whole or in part from the public record, shall

immediately present application to the court, seeking instructions

for the conduct of the case, including confidentiality of the

records.

G. It shall be the duty of the party filing confidential

materials with the court to remove the materials from the custody of

the court clerk within sixty (60) days after dismissal or other

disposition of the main case in which the materials were filed. If

the party fails to remove confidential documents, the court clerk

shall be authorized to destroy without notice such materials after a

period of one (1) year has elapsed since the dismissal or other

disposition of the main case in which materials were filed.

H. Municipal courts shall keep confidential all personal

identifying information of the parties involved in any case in

municipal court, except where such information is provided to the

Oklahoma Tax Commission for purposes of collection of municipal

court fees. The personal identifying information that shall be kept

confidential includes the following:

1. Credit card numbers;

2. Social security numbers; and

3. Bank account numbers.
Okla. Stat. tit. 51, § 51-24A.31 — OK Code / Title 51 / Section 51-24A.31
Confidential Wine Shipment Reports
Status: in_force

Reports produced according to the provisions established in

Section 3-106 of Title 37A of the Oklahoma Statutes, shall be known

as "Confidential Wine Shipment Reports", and may be kept

confidential by a public body.
Okla. Stat. tit. 51, § 51-24A.4 — OK Code / Title 51 / Section 51-24A.4
Record of receipts and expenditures
Status: in_force

In addition to other records which are kept or maintained, every

public body and public official has a specific duty to keep and

maintain complete records of the receipt and expenditure of any

public funds reflecting all financial and business transactions

relating thereto, except that such records may be disposed of as

provided by law.
Okla. Stat. tit. 51, § 51-24A.15 — OK Code / Title 51 / Section 51-24A.15
Crop and livestock reports - Public warehouse financial
Status: in_force

statements - Confidentiality.

A. The Division of Agricultural Statistics, Oklahoma Department

of Agriculture, also known as the Oklahoma Crop and Livestock

Reporting Service, may keep confidential crop and livestock reports

provided by farmers, ranchers, and agribusinesses to the extent the

reports individually identify the providers.

B. The State Board of Agriculture is authorized to provide for

the confidentiality of any financial statement filed pursuant to

Section 9-22 of Title 2 of the Oklahoma Statutes. Copies of such

financial statements may only be obtained upon written request to

the Commissioner of Agriculture.

Upon good cause shown, and at the discretion of the Commissioner

of Agriculture, such financial statements may be released.
Okla. Stat. tit. 51, § 51-123 — OK Code / Title 51 / Section 51-123
Agreements with federal agencies and agencies of other
Status: in_force

states.

(a) Federal-State Agreement. The state agency, with the

approval of the Governor, is hereby authorized, upon enactment of

applicable federal law, to enter on behalf of the state into an

agreement, or a modification or modifications thereof, with the

federal agency, consistent with the terms and provisions of this

act, for the purpose of extending the benefits of the federal old-

age and survivors insurance system to employees of the state or any

political subdivision thereof, or of any instrumentality of any one

or more of the foregoing, with respect to services specified in such

agreement, which constitute "employment" as defined in Section 122

Oklahoma Statutes - Title 51. Officers Page 76

of this title. Such agreement may contain such provisions relating

to coverage, benefits, contributions, effective date, modification

and termination of the agreement, administration, and other

appropriate provisions as the state agency and federal agency shall

agree upon, but, except as may be otherwise required by or under

applicable federal law as to the services to be covered, such

agreement or modification thereof shall provide in effect that:

(1) Benefits will be provided for employees whose services are

covered by the agreement or modification thereof (and their

dependents and survivors) on the same basis as though such services

constituted employment within the meaning of Title II of the Social

Security Act.

(2) The state will pay to the federal agency, at such time or

times as may be prescribed by the applicable federal law or by

regulations of the federal agency, contributions with respect to

wages (as defined in Section 122 of this title), equal to the sum of

the taxes which would be imposed by the Federal Insurance

Contributions Act if the services covered by the agreement or

modification thereof constituted employment within the meaning of

that Act.

(3) Such agreement or modification thereof shall be effective

with respect to services performed after a date specified therein

but shall in no event cover (A), in the case of state employees, any

service performed prior to the beginning of the first calendar month

after the date on which such agreement or modification thereof is

entered into, or (B), in the case of employees of a political

subdivision or of an instrumentality of either the state or a

political subdivision, any service performed prior to the beginning

of the first calendar month after the approval of the plan submitted

under Section 125, except that a modification entered into after

December 31, 1954, may be effective with respect to services

performed after December 31, 1954, or after a later date specified

in such modification.

(4) All services which constitute employment as defined in

Section 122 and are performed in the employ of the state by

employees of the state shall be covered by the agreement or

modification thereof.

(5) All services which (A) constitute employment as defined in

Section 122, (B) are performed in the employ of a political

subdivision or in the employ of an instrumentality of either the

state or a political subdivision, and (C) are covered by a plan

which is in conformity with the terms of the agreement or

modification thereof and has been approved by the state agency under

Section 125 shall be covered by the agreement or modification

thereof.

(6) As modified, the agreement shall include all services

described in either paragraph (4) or paragraph (5) of this

Oklahoma Statutes - Title 51. Officers Page 77

subsection and performed by individuals to whom Section 218(d) (3)

(C) of the Social Security Act is applicable, and shall provide that

the service of any such individual shall continue to be covered by

the agreement in case he thereafter becomes eligible to be a member

of a retirement system.

(b) Interstate Agreements. The state agency is hereby

authorized to enter on behalf of the state into an agreement,

consistent to the extent practicable with the terms and provisions

of subsection (a) and other provisions of this act, with the

appropriate agency or agencies of any other state or states and with

the federal agency, whereby the benefits of the federal old-age and

survivors insurance system shall be extended to employees of any

instrumentality jointly created by this state and such other state

or states.

(c) Retirement System as Separate Systems. Pursuant to Section

218(d)(6) of the Social Security Act, the Teachers' Retirement

System shall, for the purposes of this act, be deemed to constitute

a separate retirement system with respect to the state and a

separate retirement system with respect to each political

subdivision having positions covered thereby.
Okla. Stat. tit. 51, § 51-15 — OK Code / Title 51 / Section 51-15
Term of appointed officer
Status: in_force

Every appointed officer shall hold his office until the end of

the term for which the officer whom he succeeds was elected or

appointed, and until his successor is elected and qualified.

R.L. 1910, § 4282.
Okla. Stat. tit. 51, § 51-157 — OK Code / Title 51 / Section 51-157
Denial of claim - Notice
Status: in_force

A. A person may not initiate a suit against the state or a

political subdivision unless the claim has been denied in whole or

in part. A claim is deemed denied if the state or political

subdivision fails to approve the claim in its entirety within ninety

(90) days, unless the state or political subdivision has denied the

claim or reached a settlement with the claimant before the

expiration of that period. If the state or a political subdivision

approves or denies the claim in ninety (90) days or less, the state

or political subdivision shall give notice within five (5) days of

such action to the claimant at the address listed in the claim. If

the state or political subdivision fails to give the notice required

by this subsection, the period for commencement of an action in

subsection B of this section shall not begin until the expiration of

the ninety-day period for approval. The claimant and the state or

political subdivision may continue attempts to settle a claim,

however, settlement negotiations do not extend the date of denial

unless agreed to in writing by the claimant and the state or

political subdivision.

B. No action for any cause arising under this act, Section 151

et seq. of this title, shall be maintained unless valid notice has

been given and the action is commenced within one hundred eighty

(180) days after denial of the claim as set forth in this section.

The claimant and the state or political subdivision may agree in

writing to extend the time to commence an action for the purpose of

continuing to attempt settlement of the claim except no such

Oklahoma Statutes - Title 51. Officers Page 111

extension shall be for longer than two (2) years from the date of

the loss.
Okla. Stat. tit. 51, § 51-24A.28 — OK Code / Title 51 / Section 51-24A.28
Confidential information – Exceptions
Status: in_force

A. The following information may be kept confidential:

1. Investigative evidence of a plan or scheme to commit an act

of terrorism;

2. Assessments of the vulnerability of government facilities or

public improvements to an act of terrorism and work papers directly

related to preparing the assessment of vulnerability;

3. Records including details for deterrence or prevention of or

protection from an act or threat of an act of terrorism;

4. Records including details for response or remediation after

an act of terrorism;

Oklahoma Statutes - Title 51. Officers Page 50

5. Information technology of a public body or public official

but only if the information specifically identifies:

a. design or functional schematics that demonstrate the

relationship or connections between devices or

systems,

b. system configuration information,

c. security monitoring and response equipment placement

and configuration,

d. specific location or placement of systems, components,

or devices,

e. system identification numbers, names, or connecting

circuits,

f. business continuity and disaster planning, or response

plans, or

g. investigative information directly related to security

penetrations or denial of services;

6. Investigation evidence of an act of terrorism that has

already been committed;

7. Records received, maintained, or generated by the Oklahoma

Office of Homeland Security which include confidential private

business information or an individual’s private records;

8. Records received by the Oklahoma Office of Homeland Security

from the United States Department of Homeland Security or records

maintained or generated by the Oklahoma Office of Homeland Security

involving the United States Department of Homeland Security;

9. Records received, maintained, or generated by the Department

of Environmental Quality that contain information regarding sources

of radiation in quantities determined by the United States Nuclear

Regulatory Commission to be significant to public health and safety,

by whomever possessed, whether in transit or at fixed sites, when

the information could reasonably be expected to have an adverse

effect on the health and safety of the public by increasing the

likelihood of theft, diversion, or sabotage of the radiation sources

or facilities. The information may include but is not limited to

information:

a. from or relating to radioactive material licensees

identifying the exact location of the radioactive

material,

b. describing how the radioactive material is secured

from unauthorized removal or access when it is in

storage,

c. describing the control and maintenance of constant

surveillance of the radioactive material when it is

not in storage,

d. describing specific policies and procedures for

actions to physically protect the radioactive

material,

Oklahoma Statutes - Title 51. Officers Page 51

e. identifying possession limits or actual inventories of

radionuclides,

f. containing or describing assessments or analyses that

could reveal vulnerabilities,

g. identifying specific locations of safety and security

equipment,

h. describing emergency planning, emergency response and

fire protection, and

i. containing or describing other information that could

reasonably be expected to be useful to persons with

malevolent intent;

10. The names of school district personnel who have been

designated to carry a firearm pursuant to Section 5-149.2 of Title

70 of the Oklahoma Statutes;

11. Information technology of the State Election Board or a

county election board which is determined jointly by the Secretary

of the State Election Board and the State Chief Information Officer

to be technology that could reasonably be expected to be useful to

persons with intent to interfere with the conduct of an election,

voter registration, or other election processes;

12. Records received, maintained, or generated by the Oklahoma

Municipal Power Authority established pursuant to Section 24-101 et

seq. of Title 11 of the Oklahoma Statutes and in its role as an

electric utility regulated by the federal government, related to

security plans and procedures including, but not limited to,

cybersecurity matters; and

13. Risk and vulnerability assessments of school districts

conducted pursuant to Section 2 of this act including

recommendations to increase security on school district property and

work papers directly related to preparation of the risk and

vulnerability assessments.

B. The following information shall not be kept confidential:

1. Records related to federal grants administered by the

Oklahoma Office of Homeland Security or the Department of

Environmental Quality;

2. Records related to the receipt and expenditure of public

funds; or

3. Records related to the financial performance or financial

administration of the Oklahoma Office of Homeland Security or the

Department of Environmental Quality.

C. For the purposes of this section, the term “terrorism” means

any act encompassed by the definitions set forth in Section 1268.1

of Title 21 of the Oklahoma Statutes.

D. 1. Public educational institutions may keep confidential

campus security plans. An institution or agency may in its

discretion release information contained in or related to the campus

security plan in order to design or implement the plan.

Oklahoma Statutes - Title 51. Officers Page 52

2. Nothing in this subsection shall preclude an institution or

agency within The Oklahoma State System of Higher Education from

collecting and releasing information relating to campus crime

statistics and campus security policies as is required pursuant to

the Jeanne Clery Disclosure of Campus Security Policy and Campus

Crime Statistics Act, 20 U.S.C. 1092(f).

3. For purposes of this subsection, “campus security plan”

shall include, but is not limited to, prevention and response

procedures to and notification procedures for perceived or actual

security threats and incidents on or impacting the campus.
Okla. Stat. tit. 51, § 51-24A.26 — OK Code / Title 51 / Section 51-24A.26
Intergovernmental self-insurance pools
Status: in_force

An intergovernmental self-insurance pool may keep confidential

proprietary information, such as actuarial reports, underwriting

calculations, rating information, records received from risk pool

participants that can otherwise be obtained from risk pool

participants and records that are created based on conclusions of

such information that are developed through the operation of the

intergovernmental self-insurance pool.
Okla. Stat. tit. 51, § 51-127 — OK Code / Title 51 / Section 51-127
Administrative appropriation
Status: in_force

For the purpose of administering the provisions of this act

there is hereby appropriated from any surplus accruing to the credit

of the Emergency Appropriation Fund for the fiscal year ending June

30, 1949, the sum of ____ to be expended by the Oklahoma Employment

Security Commission to carry out the purposes of this act. The

funds herein appropriated shall not be subject to fiscal year

limitations and may be contracted or expended at any time within

thirty (30) months from passage of this act. The Oklahoma

Employment Security Commission may create positions, employ

necessary personnel and fix the salary of officials and employees

required to administer this act.
Okla. Stat. tit. 51, § 51-58 — OK Code / Title 51 / Section 51-58
Prosecution of impeachment - Board of managers
Status: in_force

Oklahoma Statutes - Title 51. Officers Page 66

When the articles of impeachment have been approved by the House

of Representatives, and an impeachment ordered, a board of managers

shall be appointed by the House of Representatives, of its own

members, to prosecute it, whose chairman, within five (5) days,

shall lay the same before the Senate.