Okla. Stat. tit. 51, § 51-155 — OK Code / Title 51 / Section 51-155
Exemptions from liability
Status: in_force

The state or a political subdivision shall not be liable if a

loss or claim results from:

1. Legislative functions;

2. Judicial, quasi-judicial, or prosecutorial functions, other

than claims for wrongful criminal felony conviction resulting in

imprisonment provided for in Section 154 of this title;

3. Execution or enforcement of the lawful orders of any court;

4. Adoption or enforcement of or failure to adopt or enforce a

law, whether valid or invalid, including, but not limited to, any

statute, charter provision, ordinance, resolution, rule, regulation

or written policy;

5. Performance of or the failure to exercise or perform any act

or service which is in the discretion of the state or political

subdivision or its employees;

6. Civil disobedience, riot, insurrection or rebellion or the

failure to provide, or the method of providing, police, law

enforcement or fire protection;

7. Any claim based on the theory of attractive nuisance;

8. Snow or ice conditions or temporary or natural conditions on

any public way or other public place due to weather conditions,

unless the condition is affirmatively caused by the negligent act of

the state or a political subdivision;

9. Entry upon any property where that entry is expressly or

implied authorized by law;

10. Natural conditions of property of the state or political

subdivision;

11. Assessment or collection of taxes or special assessments,

license or registration fees, or other fees or charges imposed by

law;

12. Licensing powers or functions including, but not limited

to, the issuance, denial, suspension or revocation of or failure or

refusal to issue, deny, suspend or revoke any permit, license,

certificate, approval, order or similar authority;

13. Inspection powers or functions, including failure to make

an inspection, review or approval, or making an inadequate or

Oklahoma Statutes - Title 51. Officers Page 103

negligent inspection, review or approval of any property, real or

personal, to determine whether the property complies with or

violates any law or contains a hazard to health or safety, or fails

to conform to a recognized standard;

14. Any loss to any person covered by any workers' compensation

act or any employer's liability act;

15. Absence, condition, location or malfunction of any traffic

or road sign, signal or warning device unless the absence,

condition, location or malfunction is not corrected by the state or

political subdivision responsible within a reasonable time after

actual or constructive notice or the removal or destruction of such

signs, signals or warning devices by third parties, action of

weather elements or as a result of traffic collision except on

failure of the state or political subdivision to correct the same

within a reasonable time after actual or constructive notice.

Nothing herein shall give rise to liability arising from the failure

of the state or any political subdivision to initially place any of

the above signs, signals or warning devices. The signs, signals and

warning devices referred to herein are those used in connection with

hazards normally connected with the use of roadways or public ways

and do not apply to the duty to warn of special defects such as

excavations or roadway obstructions;

16. Any claim which is limited or barred by any other law;

17. Misrepresentation, if unintentional;

18. An act or omission of an independent contractor or

consultant or his or her employees, agents, subcontractors or

suppliers or of a person other than an employee of the state or

political subdivision at the time the act or omission occurred;

19. Theft by a third person of money in the custody of an

employee unless the loss was sustained because of the negligence or

wrongful act or omission of the employee;

20. Participation in or practice for any interscholastic or

other athletic contest sponsored or conducted by or on the property

of the state or a political subdivision;

21. Participation in any activity approved by a local board of

education and held within a building or on the grounds of the school

district served by that local board of education before or after

normal school hours or on weekends;

22. Use of indoor or outdoor school property and facilities

made available for public recreation before or after normal school

hours or on weekends or school vacations, except those claims

resulting from willful and wanton acts of negligence. For purposes

of this paragraph:

a. "public" includes, but is not limited to, students

during nonschool hours and school staff when not

working as employees of the school, and

Oklahoma Statutes - Title 51. Officers Page 104

b. "recreation" means any indoor or outdoor physical

activity, either organized or unorganized, undertaken

for exercise, relaxation, diversion, sport or

pleasure, and that is not otherwise covered by

paragraph 20 or 21 of this section;

23. Any court-ordered, Department of Corrections or county

approved work release program; provided, however, this provision

shall not apply to claims from individuals not in the custody of the

Department of Corrections based on accidents involving motor

vehicles owned or operated by the Department of Corrections;

24. The activities of the state military forces when on state

active duty orders or on Title 32 active duty orders;

25. Provision, equipping, operation or maintenance of any

prison, jail or correctional facility, or injuries resulting from

the parole or escape of a prisoner or injuries by a prisoner to any

other prisoner; provided, however, this provision shall not apply to

claims from individuals not in the custody of the Department of

Corrections based on accidents involving motor vehicles owned or

operated by the Department of Corrections;

26. Provision, equipping, operation or maintenance of any

juvenile detention facility, or injuries resulting from the escape

of a juvenile detainee, or injuries by a juvenile detainee to any

other juvenile detainee;

27. Any claim or action based on the theory of manufacturer's

products liability or breach of warranty, either expressed or

implied;

28. Any claim or action based on the theory of indemnification

or subrogation; provided, however, a political subdivision as

defined in subparagraph s of paragraph 11 of Section 152 of this

title may enter into a contract with a contract operator or any

railroad operating in interstate commerce that sells a property

interest or provides services to a regional transportation

authority, or allows the regional transportation authority to use

the railroad's property or tracks for the provision of public

passenger rail service, providing for the allocation of financial

responsibility, indemnification, or the procurement of insurance for

the parties for all types of claims or damages, provided that funds

have been appropriated to cover the resulting contractual obligation

at the time the contract is executed. The acquisition of commercial

liability insurance to cover the activities of the regional

transportation authority, contract operator or railroad shall not

operate as a waiver of any of the liabilities, immunities or

defenses provided for political subdivisions pursuant to the

provisions of The Governmental Tort Claims Act. A contract entered

into under this paragraph shall not affect rights of employees under

the Federal Employers Liability Act or the Federal Railway Labor

Act;

Oklahoma Statutes - Title 51. Officers Page 105

29. Any claim based upon an act or omission of an employee in

the placement of children;

30. Acts or omissions done in conformance with then current

recognized standards;

31. Maintenance of the state highway system or any portion

thereof unless the claimant presents evidence which establishes

either that the state failed to warn of the unsafe condition or that

the loss would not have occurred but for a negligent affirmative act

of the state;

32. Any confirmation of the existence or nonexistence of any

effective financing statement on file in the office of the Secretary

of State made in good faith by an employee of the office of the

Secretary of State as required by the provisions of Section 1-9-

320.6 of Title 12A of the Oklahoma Statutes;

33. Any court-ordered community sentence;

34. Remedial action and any subsequent related maintenance of

property pursuant to and in compliance with an authorized

environmental remediation program, order, or requirement of a

federal or state environmental agency;

35. The use of necessary and reasonable force by a school

district employee to control and discipline a student during the

time the student is in attendance or in transit to and from the

school, or any other function authorized by the school district;

36. Actions taken in good faith by a school district employee

for the out-of-school suspension of a student pursuant to applicable

Oklahoma Statutes; or

37. Use of a public facility opened to the general public

during an emergency.
Okla. Stat. tit. 51, § 51-18 — OK Code / Title 51 / Section 51-18
Violating Sections 16 and 17 - Penalty
Status: in_force

Any officer violating any of the provisions of the two preceding

sections, upon conviction, shall be imprisoned for any period not

more than one (1) year, and fined in any sum not exceeding One

Hundred Dollars ($100.00).

R.L. 1910, § 4285.
Okla. Stat. tit. 51, § 51-122 — OK Code / Title 51 / Section 51-122
Definitions
Status: in_force

For the purposes of this act:

(a) The term "wages" means all remuneration for employment as

defined herein, including the cash value of all remuneration paid in

any medium other than cash, except that such terms shall not include

that part of such remuneration which, even if it were for

"employment" within the meaning of the Federal Insurance

Contributions Act, would not constitute "wages" within the meaning

of that Act;

(b) The term "employment" means any service performed by an

employee in the employ of the state, or any political subdivision

thereof, or any instrumentality of either, for such employer, except

(1) service which in the absence of an agreement entered into under

this act would constitute "employment" as defined in Section 209 of

the Social Security Act; or (2) service by (a) an employee of the

state, or by an employee of any political subdivision or

instrumentality of either the state or a political subdivision if so

provided in the plan submitted under Section 125 of this title by

such subdivision or instrumentality (or joint coverage unit of which

it is a member), in any class or classes of positions filled by

popular election and any class or classes of positions the

compensation for which is on a fee basis; or (3) until the end of

the sixth full calendar month following the close of the second

regular session of the State Legislature held after the enactment of

this act, services (A) in the employ of the state, or (B) in the

employ of a political subdivision or instrumentality when so

provided by such subdivision or instrumentality in a plan submitted

under Section 125, which are covered by a nonfederal pension,

annuity, retirement, or similar fund or system which has been or is

hereafter established by any such employer prior to the effective

date of an agreement entered into pursuant to Section 123 of this

title; unless and until a referendum has been held on the question

of whether service in positions covered by such retirement system

should be excluded from or included under an agreement under Section

123 of this title or a plan submitted under Section 125 of this

title, as provided for in Section 218(d) (3) of the Federal Social

Security Act, and a majority of the eligible employees voting in

such referendum vote in favor of including service in such positions

under such an agreement or plan, in which event, such services (A)

in the employ of the state, or (B) in the employ of a political

subdivision or instrumentality when so provided by such subdivision

or instrumentality in a plan submitted under Section 125 of this

title, shall constitute "employment"; provided, however, that in no

event shall service in any policeman's or fireman's position be

considered as "employment" within the meaning of this act, unless

and until the Federal Social Security Act be amended to allow

coverage of service in such a position;

Oklahoma Statutes - Title 51. Officers Page 75

(c) The term "employee" includes an officer of a state,

political subdivision, or instrumentality;

(d) The term "state agency" means the Oklahoma Public Welfare

Commission, created by Section 3, Article XXV of the Constitution of

the State of Oklahoma;

(e) The term "federal agency" means in each case such federal

officer, department, or agency as is charged on behalf of the

federal government, by or under the applicable federal law, with the

particular federal function referred to in this act in connection

with such terms;

(f) The term "political subdivision" includes any county,

township, municipal corporation, school district, or other

independent governmental entity of equivalent rank;

(g) The term "instrumentality," when referring to an

instrumentality of a state or political subdivision, includes only a

juristic entity which is legally separate and distinct from the

state or such subdivision and whose employees are not by virtue of

their relation to such juristic entity employees of the state or

such subdivision;

(h) The term "applicable federal law" refers to such provisions

of federal law (including federal regulations and requirements

issued pursuant thereto), if and when enacted, as provide for

extending the benefits of Title II of the Social Security Act to

employees of states, political subdivisions, and their

instrumentalities;

(i) The term "Social Security Act" means the Act of Congress

approved August 14, 1935, Chapter 531, 49 Stat. 620, officially

cited as the "Social Security Act," as such Act has been and may

from time to time be amended; and

(j) The term "Federal Insurance Contributions Act" means

subchapter A of Chapter 9 of the Federal Internal Revenue Code as

such Code has been and may from time to time be amended.
Okla. Stat. tit. 51, § 51-24A.6 — OK Code / Title 51 / Section 51-24A.6
Public body maintaining less than 30 hours of regular
Status: in_force

business per week - Inspection, copying or mechanical reproduction

of records.

A. If a public body or its office does not have regular

business hours of at least thirty (30) hours a week, the public body

shall post and maintain a written notice at its principal office and

with the county clerk where the public body is located which notice

shall:

1. Designate the days of the week when records are available

for inspection, copying or mechanical reproduction;

Oklahoma Statutes - Title 51. Officers Page 31

2. Set forth the name, mailing address, and telephone number of

the individual in charge of the records; and

3. Describe in detail the procedures for obtaining access to

the records at least two days of the week, excluding Sunday.

B. The person requesting the record and the person authorized

to release the records of the public body may agree to inspection,

copying, or mechanical reproduction on a day and at a time other

than that designated in the notice.
Okla. Stat. tit. 51, § 51-21 — OK Code / Title 51 / Section 51-21
Oaths, officers authorized to administer
Status: in_force

The following officers are authorized to administer oaths:

1. Justices of the Supreme Court and Judges of the Court of

Criminal Appeals.

2. The Clerk of the Supreme Court and the Court of Criminal

Appeals.

3. Judges and clerks of the district, superior and county

courts, and other courts of record within their respective districts

or counties.

4. County clerks and their deputies, and county commissioners,

within their respective counties.

5. Justices of the peace and notaries public within their

respective counties.

6. Sheriffs and their deputies in cases where they are

authorized by law to select commissioners or appraisers, or to

impanel juries for the view or appraisement of property, or are

directed as an official duty to have property appraised, or to take

the answers of garnishees, or are authorized to take delivery bonds.

7. Such other officers as are authorized by law in special

cases.

Oklahoma Statutes - Title 51. Officers Page 18

8. Clerks of boards of education, city auditor, city and town

clerks.

9. Court clerks, deputy clerks, or violations bureau clerks as

shall be appointed by judges of courts not of record.

R.L. 1910, § 4288. Amended by Laws 1963, c. 343, § 1, emerg. eff.

June 24, 1963; Laws 1967, c. 156, § 1, emerg. eff. May 1, 1967.
Okla. Stat. tit. 51, § 51-158 — OK Code / Title 51 / Section 51-158
Settlement or defense of claim – Settlement payout -
Status: in_force

Liability insurance - Public records.

A. The state or a political subdivision, after conferring with

authorized legal counsel, may settle or defend against a claim or

suit brought against it or its employee under The Governmental Tort

Claims Act subject to any procedural requirements imposed by

statute, ordinance, resolution or written policy, and may

appropriate money for the payment of amounts agreed upon. When the

amount of any settlement exceeds Twenty-five Thousand Dollars

($25,000.00), and any payment required by the settlement will not be

paid through an applicable contract or policy of insurance, the

settlement shall not be effective until approved by the district

court and entered as a judgment as provided by law.

B. Any settlement payout pursuant to this section may be

structured in any manner as agreed to by the parties involved;

provided, if the state is a party to the settlement, and the

settlement provides for a structured settlement, the state may

participate in the structured settlement if the state payments to

the claimant or the insurance or annuity company that is the

assignee of the claimant are completed within the fiscal year in

which settlement is agreed to and if the parties sign a Qualified

Assignment and Release Agreement that releases the state from

further obligation.

C. If a policy or contract of liability insurance covering the

state or political subdivision or its employees is applicable, the

terms of the policy govern the rights and obligations of the state

or political subdivision and the insurer with respect to the

investigation, settlement, payment and defense of claims or suits

against the state or political subdivision or its employees covered

by the policy. However, the insurer may not enter into a settlement

for an amount which exceeds the insurance coverage without the

approval of the governing body of the state or political subdivision

or its designated representative if the state or political

subdivision is insured.

D. Nothing in this section shall be construed to repeal or

modify Sections 361 through 365.6 and 435 of Title 62 of the

Oklahoma Statutes - Title 51. Officers Page 112

Oklahoma Statutes and it is intended that this section be construed

in conformance with those sections.

E. The state or a political subdivision shall not be liable for

any costs, judgments or settlements paid through an applicable

contract or policy of insurance but shall be entitled to set off

those payments against liability arising from the same occurrence.

F. The state or a political subdivision shall have the right of

subrogation against the insurer issuing any applicable contractor

policy of insurance to the monetary limit of said policy of

insurance or contract, if judgment or settlement of any claim

arising pursuant to this act results in the imposition of monetary

liability upon the state or the political subdivision.

G. Judgments, orders, and settlements of claims shall be open

public records unless sealed by the court for good cause shown.
Okla. Stat. tit. 51, § 51-60 — OK Code / Title 51 / Section 51-60
Hearing and summons
Status: in_force

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

appoint a day for hearing the impeachment, and the accused shall be

required by a summons by the clerk to appear on that day. The

summons shall be served by delivering a copy of the same and of the

articles of impeachment to the accused, in person if to be found, or

by leaving the copies at his residence with some member of his

family over sixteen (16) years of age.
Okla. Stat. tit. 51, § 51-96 — OK Code / Title 51 / Section 51-96
Summons and pleadings
Status: in_force

Upon the filing of the complaint or petition for the writ of

ouster, a summons shall issue for the defendant to appear and answer

the same within twenty (20) days of the service thereof, and there

shall accompany the summons and be served upon the defendant a copy

of the complaint or petition filed against him.

The petition and answer shall constitute the only pleadings

allowed, and all allegations in the answer shall be deemed

controverted, and any and all questions as to the sufficiency of the

petition or complaint shall be raised and determined upon the trial

of the cause; and if said petition is held insufficient in form, the

same shall be amended at once, and such amendment shall not delay

the trial of the case.
Okla. Stat. tit. 51, § 51-24A.1 — OK Code / Title 51 / Section 51-24A.1
Short title
Status: in_force

Section 24A.1 et seq. of this title shall be known and may be

cited as the "Oklahoma Open Records Act".
Okla. Stat. tit. 51, § 51-153 — OK Code / Title 51 / Section 51-153
Liability - Scope - Exemptions - Exclusivity
Status: in_force

A. The state or a political subdivision shall be liable for

loss resulting from its torts or the torts of its employees acting

within the scope of their employment subject to the limitations and

exceptions specified in The Governmental Tort Claims Act and only

where the state or political subdivision, if a private person or

entity, would be liable for money damages under the laws of this

state. The state or a political subdivision shall not be liable

under the provisions of The Governmental Tort Claims Act for any act

or omission of an employee acting outside the scope of the

employee's employment.

B. The liability of the state or political subdivision under

The Governmental Tort Claims Act shall be exclusive and shall

Oklahoma Statutes - Title 51. Officers Page 94

constitute the extent of tort liability of the state, a political

subdivision or employee arising from common law, statute, the

Oklahoma Constitution, or otherwise. If a court of competent

jurisdiction finds tort liability on the part of the state or a

political subdivision of the state based on a provision of the

Oklahoma Constitution or state law other than The Governmental Tort

Claims Act, the limits of liability provided for in The Governmental

Tort Claims Act shall apply.

C. If an action is commenced alleging tort liability on the

part of the state or a political subdivision of the state or an

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

based on a provision of the Oklahoma Constitution or state law other

than The Governmental Tort Claims Act, the action shall name as

defendant the state or political subdivision against which liability

is sought to be established. In no instance in any such action

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

state acting within the scope of employment be named as defendant;

provided, however, such person may be named as defendant under

alternative allegations that such person did not act within the

scope of employment.
Okla. Stat. tit. 51, § 51-24A.13 — OK Code / Title 51 / Section 51-24A.13
Federal records - Confidentiality
Status: in_force

Records coming into the possession of a public body from the

federal government or records generated or gathered as a result of

federal legislation may be kept confidential to the extent required

by federal law.
Okla. Stat. tit. 51, § 51-36.5 — OK Code / Title 51 / Section 51-36.5
False oath or affirmation
Status: in_force

Every public officer or employee who, in taking and subscribing

to the oath or affirmation required by this act, states as true any

material matter which he knows to be false, shall be guilty of the

felony of perjury, 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

Oklahoma Statutes - Title 51. Officers Page 60

thereto, the person shall forfeit any public office or employment

held by the person.
Okla. Stat. tit. 51, § 51-24A.21 — OK Code / Title 51 / Section 51-24A.21
Increment district reports - Exemption from copying
Status: in_force

fees.

The fees that may be charged by a public body pursuant to the

provisions of paragraph 3 of Section 24A.5 of Title 51 of the

Oklahoma Statutes shall not be charged when a state agency or taxing

entity located within the boundaries of any district created

pursuant to the provisions of the Local Development Act request a

copy of the reports required by subsections A and B of Section 18 of

this act.
Okla. Stat. tit. 51, § 51-24A.16a — OK Code / Title 51 / Section 51-24A.16a
Higher education – Donor or prospective donor
Status: in_force

information – Confidentiality.

Institutions or agencies of The Oklahoma State System of Higher

Education may keep confidential all information pertaining to donors

and prospective donors to or for the benefit of the institutions or

agencies.
Okla. Stat. tit. 51, § 51-66 — OK Code / Title 51 / Section 51-66
Costs - How paid - Cost of accused if acquitted
Status: in_force

If the accused is acquitted, he shall be entitled to his costs,

to be taxed by the clerk and paid by the House of Representatives

out of any funds available for paying the per diem and expenses of

the members of the Legislature, and if convicted, he shall pay the

costs, unless the Senate as a court of impeachment otherwise

directs.
Okla. Stat. tit. 51, § 51-5 — OK Code / Title 51 / Section 51-5
Rights of parties in contest
Status: in_force

If there be a contest over the election, between a person

holding an office, who was voted for at the polls for election, and

some other competitor for the same office, the one shown by the

election returns to have been elected, shall, after qualifying and

giving bond as required by law, and on demand, be entitled to the

possession of the office, and perform the duties pending the

determination of the contest. When the contest is determined, the

successful party shall, on qualifying and giving bond, and on

demand, be entitled to the office. The salary shall, after the

contest is determined, be paid to the rightful claimant of the

office, and if paid in fees, the incumbent, if defeated in the

contest, shall be liable therefor on his official bond to the

rightful claimant. When the contest is determined adversely to the

occupant of the office, or if the former officer was not voted for

for re-election, or does not contest the election, then he shall at

once, at the expiration of his term, and on demand, surrender the

office to the successor elected, when he has qualified and given

bond as required by law, and on his failure so to surrender the

office he shall be deemed guilty of a misdemeanor, and upon

conviction, shall be imprisoned in the county jail not less than

thirty (30) days, nor more than six (6) months, and shall be liable

to a fine of not less than Fifty Dollars ($50.00) nor more than

Three Hundred Dollars ($300.00), and each and every week the officer

so holds over shall be deemed a separate offense.

R.L. 1910, § 4273.
Okla. Stat. tit. 51, § 51-11 — OK Code / Title 51 / Section 51-11
Vacancy within thirty days of election
Status: in_force

If a vacancy occurs within thirty (30) days previous to an

election day at which it may be filled, no appointment shall be made

unless it be necessary to carry out said election and the canvass of

the same according to law; in that case an appointment may be made

at any time previous to said election to hold until after said

election or until his successor is elected and qualified.

R.L. 1910, § 4279.
Okla. Stat. tit. 51, § 51-10 — OK Code / Title 51 / Section 51-10
Vacancies - Appointments - Special elections
Status: in_force

A. All vacancies in state offices, except in offices of the

members of the Legislature and members of the House of

Representatives from Oklahoma in the Congress of the United States

of America, shall be filled by appointment by the Governor.

B. When a vacancy occurs in the office of district judge,

associate district judge, or judge of any intermediate appellate

court, the Governor shall, in filling such vacancy, utilize the

services of the Judicial Nominating Commission in the manner as

Oklahoma Statutes - Title 51. Officers Page 15

provided for in the filling of judicial offices under Section 4,

Article VII-B of the Oklahoma Constitution.

C. When a vacancy occurs in the office of a member of the

United States Senate from Oklahoma, the Governor shall, within

thirty (30) days of occurrence of the vacancy:

1. Appoint a person eligible to hold such office, who has been

a registered voter of the party of the predecessor in Oklahoma for

at least five (5) years preceding the date that the vacancy was

created, to serve in such office until a successor is elected; and

2. Call a special election, if necessary, to fill such vacancy,

as provided in Section 12-101 of Title 26 of the Oklahoma Statutes.

D. Prior to an appointment pursuant to paragraph 1 of

subsection C of this section, a person who is a prospective

appointee shall submit to the Secretary of State an oath affirming

that the person will not file as a candidate for the office when it

next appears on the ballot. The Secretary of State shall prescribe

the oath required by this paragraph, and any oath submitted shall be

public record and published on the website of the Office of the

Secretary of State.

E. All vacancies in county offices except the board of county

commissioners or except for any elective county office of any county

in the State of Oklahoma having a population of more than six

hundred thousand (600,000), according to the latest Federal

Decennial Census shall be filled by appointment by the board of

county commissioners. If such an appointment is made prior to the

prescribed filing period for county officers in accordance with the

provisions of Section 131 of Title 19 of the Oklahoma Statutes, the

county commissioners shall, at the time the appointment is made,

proclaim a special election to fill the balance of the unexpired

term, providing the balance of the term does not expire in the year

following the next succeeding general election. In making the

proclamation, the county commissioners shall establish the dates for

the filing period, primary election, runoff primary election and

general election to be the same as the next succeeding filing

period, primary election, runoff primary election and general

election for county officers. The appointee shall be eligible to

become a candidate at the special election, providing the appointee

is otherwise qualified. The office to be filled shall be printed on

the same ballot as other county offices.

R.L. 1910, § 4278. Amended by Laws 1933, c. 166, p. 383, § 1,

emerg. eff. April 26, 1933; Laws 1965, c. 116, § 1, emerg. eff. May

24, 1965; Laws 1968, c. 49, § 1, emerg. eff. March 18, 1968; Laws

1971, c. 107, § 1, emerg. eff. April 27, 1971; Laws 1978, c. 20, §

1, emerg. eff. March 8, 1978; Laws 1980, c. 272, § 28, eff. July 1,

1980; Laws 1985, c. 178, § 22, operative July 1, 1985; Laws 1993, c.

316, § 14, eff. Sept. 1, 1993; Laws 2000, c. 167, § 1, eff. April 1,

2001; Laws 2021, c. 582, § 2, emerg. eff. May 28, 2021.

Oklahoma Statutes - Title 51. Officers Page 16
Okla. Stat. tit. 51, § 51-102 — OK Code / Title 51 / Section 51-102
Ouster proceedings for open and notorious violation of
Status: in_force

penal laws.

The Attorney General shall have power and is hereby authorized

on his own initiative, when he has reason to believe that the

gambling or prohibitory liquor laws, or other penal statutes of the

state, are being openly and notoriously violated in any county of

the state, or subdivision thereof, to institute proceedings in

ouster against any and all officers mentioned and included within

the terms of this act, whose duties charge them with the enforcement

of the laws of this state, as fully as he is hereinbefore authorized

to do.
Okla. Stat. tit. 51, § 51-124 — OK Code / Title 51 / Section 51-124
Contributions by state employees
Status: in_force

(a) Every employee of the state whose services are covered by an

agreement entered into under Section 123 shall be required to pay

for the period of such coverage, into the Contribution Fund

established by Section 126, contributions, with respect to wages (as

defined in Section 122 of this title), equal to 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. Such liability shall arise in consideration of

the employee's retention in the service, or his entry upon such

service, after the enactment of this act.

(b) The contribution imposed by this section shall be collected

by the state by deducting the amount of the contribution from wages

as and when paid, but failure to make such deduction shall not

relieve the employee from liability for such contribution.

(c) If more or less than the correct amount of the contribution

imposed by this section is paid or deducted with respect to any

remuneration, proper adjustments or refund if adjustment is

impracticable shall be made, without interest, in such manner and at

such times as the state agency shall prescribe.
Okla. Stat. tit. 51, § 51-161.1 — OK Code / Title 51 / Section 51-161.1
Duty to defend, save harmless and indemnify employees -
Status: in_force

Payment of settlements and judgments.

When the state has a duty to defend any action pursuant to the

provisions of this act, it shall be the duty of the Attorney General

to defend all such actions, unless an agency of the state is

authorized by law to employ its own attorneys, in which case said

attorneys may defend such actions against the agency or the agency

may request that the Attorney General defend such actions. If such

Oklahoma Statutes - Title 51. Officers Page 114

a request is made, the Attorney General shall defend any such

action.
Okla. Stat. tit. 51, § 51-55 — OK Code / Title 51 / Section 51-55
Impeachment defined
Status: in_force

An impeachment is the prosecution, by the House of

Representatives, before the Senate, of the Governor or other

elective state officer, under the Constitution, for willful neglect

of duty, corruption in office, drunkenness, incompetency, or any

offense involving moral turpitude committed while in office.
Okla. Stat. tit. 51, § 51-24A.19 — OK Code / Title 51 / Section 51-24A.19
Research records - Confidentiality
Status: in_force

In addition to other records that a public body may keep

confidential pursuant to the provisions of the Oklahoma Open Records

Act, a public body may keep confidential:

1. Any information related to research, the disclosure of which

could affect the conduct or outcome of the research, the ability to

patent or copyright the research, or any other proprietary rights

any entity may have in the research or the results of the research

including, but not limited to, trade secrets and commercial or

financial information obtained from an entity financing or

cooperating in the research, research protocols, and research notes,

data, results, or other writings about the research; and

2. The specific terms and conditions of any license or other

commercialization agreement relating to state owned or controlled

Oklahoma Statutes - Title 51. Officers Page 46

technology or the development, transfer, or commercialization of the

technology. Any other information relating to state owned or

controlled technology or the development, transfer, or

commercialization of the technology which, if disclosed, will

adversely affect or give other persons or entities an advantage over

public bodies in negotiating terms and conditions for the

development, transfer, or commercialization of the technology.

However, institutions within The Oklahoma State System of Higher

Education shall:

a. report to the Oklahoma State Regents for Higher

Education as requested, on forms provided by the

Regents, research activities funded by external

entities or the institutions, the results of which

have generated new intellectual property, and

b. report to the Oklahoma State Regents for Higher

Education annually on forms provided:

(1) expenditures for research and development

supported by the institution,

(2) any financial relationships between the

institution and private business entities,

(3) any acquisition of an equity interest by the

institution in a private business,

(4) the receipt of royalty or other income related to

the sale of products, processes, or ideas by the

institution or a private business entity with

which the institution has established a financial

arrangement,

(5) the gains or losses upon the sale or other

disposition of equity interests in private

business entities, and

(6) any other information regarding technology

transfer required by the Oklahoma State Regents

for Higher Education.

The reports required in subparagraphs a and b of this paragraph

shall not be deemed confidential and shall be subject to full

disclosure pursuant to the Oklahoma Open Records Act.
Okla. Stat. tit. 51, § 51-92 — OK Code / Title 51 / Section 51-92
Supreme Court and district court - Jurisdiction
Status: in_force

The Supreme Court shall have and is hereby given concurrent with

the district court, original jurisdiction of all special proceedings

and actions authorized as provided for by this act, and either said

Supreme Court or any district court wherein the petition shall be

filed by the Attorney General as hereinafter provided, shall take

full and complete original jurisdiction.
Okla. Stat. tit. 51, § 51-152.1 — OK Code / Title 51 / Section 51-152.1
Sovereign immunity
Status: in_force

A. The State of Oklahoma does hereby adopt the doctrine of

sovereign immunity. The state, its political subdivisions, and all

of their employees acting within the scope of their employment,

whether performing governmental or proprietary functions, shall be

immune from liability for torts.

Oklahoma Statutes - Title 51. Officers Page 92

B. The state, only to the extent and in the manner provided in

this act, waives its immunity and that of its political

subdivisions. In so waiving immunity, it is not the intent of the

state to waive any rights under the Eleventh Amendment to the United

States Constitution.
Okla. Stat. tit. 51, § 51-24.3 — OK Code / Title 51 / Section 51-24.3
Sale of real or personal property to state or political
Status: in_force

subdivision by certain persons prohibited.

No person, firm or corporation who is convicted of or pleads

guilty to a felony involving fraud, bribery, corruption or sales to

the state or to any of its political subdivisions may make sale of

real or personal property to the state or any political subdivision

thereof.
Okla. Stat. tit. 51, § 51-154 — OK Code / Title 51 / Section 51-154
See the following versions:
Status: in_force

OS 51-154v1 (HB 2235, Laws 2025, c. 292, § 2)

OS 51-154v2 (SB 1168, Laws 2025, c. 314, § 2)

Oklahoma Statutes - Title 51. Officers Page 95
Okla. Stat. tit. 51, § 51-8 — OK Code / Title 51 / Section 51-8
Office vacant, when
Status: in_force

Every office shall become vacant on the happening of any one of

the following events before the expiration of the term of such

office:

First. The death of the incumbent or his resignation.

Second. His removal from office or failure to qualify as

required by law.

Third. Whenever any final judgment shall be obtained against

him for a breach of his official bond.

Fourth. Ceasing to be a resident of the state, county,

township, city or town, or of any district thereof, in which the

Oklahoma Statutes - Title 51. Officers Page 14

duties of his office are to be exercised or for which he may have

been elected or appointed.

Fifth. Conviction in a state or federal court of competent

jurisdiction of any felony or any offense involving a violation of

his official oath; provided, that no conviction, as a cause of

vacation of office, shall be deemed complete so long as an appeal

may be pending, or until final judgment is rendered thereon.

Sixth. Upon entering of a plea of guilty or nolo contendere in

a state or federal court of competent jurisdiction for any felony or

any offense involving a violation of his official oath.

The fact by reason whereof the vacancy arises shall be

determined by the authority authorized to fill such vacancy.

R.L. 1910, § 4276. Amended by Laws 1941, p. 211, § 1, emerg. eff.

May 16, 1941; Laws 1957, p. 450, § 1, emerg. eff. June 1, 1957; Laws

1981, 1st Ex.Sess., c. 1, § 1, emerg. eff. Sept. 8, 1981.
Okla. Stat. tit. 51, § 51-69 — OK Code / Title 51 / Section 51-69
Managers of trial - Powers of after-adjournment trial
Status: in_force

If the Senate shall sit as a court of impeachment after the

adjournment of the House of Representatives, the managers appointed

by the House to present and prosecute any impeachment proceedings

shall have full power and authority after such adjournment to carry

on and conduct such prosecution, and may appoint such stenographic

or clerical assistants as may be required.
Okla. Stat. tit. 51, § 51-24A.9 — OK Code / Title 51 / Section 51-24A.9
Personal notes and personally created material -
Status: in_force

Confidentiality.

Prior to taking action, including making a recommendation or

issuing a report, a public official may keep confidential his or her

personal notes and personally created materials other than

departmental budget requests of a public body prepared as an aid to

memory or research leading to the adoption of a public policy or the

implementation of a public project.
Okla. Stat. tit. 51, § 51-257 — OK Code / Title 51 / Section 51-257
Frivolous or fraudulent claims
Status: in_force

Any person found by a court of competent jurisdiction to have

abused the protection of this act by filing a frivolous or

fraudulent claim may be assessed the court costs of the governmental

entity and may be enjoined from filing further claims under this act

without leave of court.
Okla. Stat. tit. 51, § 51-67 — OK Code / Title 51 / Section 51-67
Recess - Trial after adjournment
Status: in_force

The Senate when organized and sitting as a court of impeachment,

shall have power to recess from time to time, and hold sessions

after the adjournment of the Legislature.
Okla. Stat. tit. 51, § 51-126 — OK Code / Title 51 / Section 51-126
Contribution Fund
Status: in_force

Oklahoma Statutes - Title 51. Officers Page 80

(a) There is hereby established a special fund to be known as

the Contribution Fund. Such fund shall consist of and there shall

be deposited in such fund:

(1) all contributions, interest, and penalties collected under

Sections 124 and 125 of this title;

(2) all monies appropriated thereto under this act;

(3) all monies paid to the state pursuant to any agreement

entered into under Section 123(b) of this title;

(4) any property or securities and earnings thereof acquired

through the use of monies belonging to this fund;

(5) interest earned upon any monies in the fund; and

(6) all sums recovered upon the bond of the custodian or

otherwise for losses sustained by the fund and all other monies

received for the fund from any other source.

All monies in the fund shall be mingled and undivided. Subject

to the provisions of this act, the state agency is vested with full

power, authority, and jurisdiction over the fund, including all

monies and property or securities belonging thereto, and may perform

any and all acts whether or not specifically designated, which are

necessary to the administration thereof, consistent with the

provisions of this act.

(b) The Contribution Fund shall be established and held separate

and apart from any other funds or monies of the state and shall be

used and administered exclusively for the purpose of this act.

Withdrawals from such fund shall be made for and solely for (A)

payment of amounts required to be paid to the federal agency

pursuant to an agreement entered into under Section 123 of this

title; (B) payment of refunds provided for in Section 124(c) of this

title; (C) refunds of overpayments, not otherwise adjustable, made

by a political subdivision or instrumentality; and (D) to pay

administrative costs related to the purposes of this section.

Provided, however, for the fiscal year ending June 30, 1994, the

Department of Human Services is authorized to expend an amount not

to exceed Six Hundred Nineteen Thousand Seventy-eight Dollars

($619,078.00) for the general operation of the agency.

(c) From the Contribution Fund the custodian of the fund shall

pay to the federal agency such amount and at such time or times as

may be directed by the state agency in accordance with any agreement

entered into under Section 123 of this title and applicable federal

law.

(d) The Treasurer of the state shall be ex officio treasurer and

custodian of the Contribution Fund and shall administer such fund in

accordance with the provisions of this act and the directions of the

state agency and shall pay all warrants drawn upon it in accordance

with the provisions of this section and with such regulations as the

state agency may prescribe pursuant thereto.

Oklahoma Statutes - Title 51. Officers Page 81

(e) There are hereby authorized to be appropriated annually to

the Contribution Fund, in addition to the contributions collected

and paid into the Contribution Fund under Sections 124 and 125 of

this title, to be available for the purposes of subsections (b) and

(c) of this section until expended, such additional sums as are

found to be necessary in order to make the payments to the federal

agency which the state is obligated to make pursuant to an agreement

entered into under Section 123 of this title.
Okla. Stat. tit. 51, § 51-20 — OK Code / Title 51 / Section 51-20
Books turned over to successor before salary paid
Status: in_force

No officer who receives, for the use of his office, the

statutes, state reports, digests or other books, shall be entitled

to receive a warrant for the payment of his salary for the last

month of his term of service until he shall have filed with the

person issuing such warrant a receipt from his successor in office,

showing all of such books to be in said office.

R.L. 1910, § 4287.
Okla. Stat. tit. 51, § 51-166 — OK Code / Title 51 / Section 51-166
Governmental and proprietary functions of political
Status: in_force

subdivisions - Application of act.

The distinction existing between governmental functions and

proprietary functions of political subdivisions shall not be

affected by the provisions of this act; however the provisions of

this act shall apply to both governmental and proprietary functions.
Okla. Stat. tit. 51, § 51-91 — OK Code / Title 51 / Section 51-91
Officers subject to removal
Status: in_force

All state officers not subject to impeachment under Section 1,

Article 8 of the Constitution, and all county, city and municipal

officers may, in addition to the methods now and causes provided by

law, be removed from office as herein provided.
Okla. Stat. tit. 51, § 51-65 — OK Code / Title 51 / Section 51-65
Voting on judgment - Absence during trial
Status: in_force

The Senate when sitting as a court of impeachment shall

determine what amount of absence of a Senator during the trial shall

exclude the Senator from voting in the final decision.
Okla. Stat. tit. 51, § 51-170 — OK Code / Title 51 / Section 51-170
Application of laws
Status: repealed

This act is exclusive and supersedes all home rule charter

provisions and special laws on the same subject heretofore, and all

acts or parts of acts in conflict herewith are repealed.
Okla. Stat. tit. 51, § 51-36.4 — OK Code / Title 51 / Section 51-36.4
Payment of compensation or expenses - Notice - Duty of
Status: in_force

certifying officer.

No compensation or reimbursement for expenses earned or incurred

on or after July 1, 1953, shall be paid to any public officer or

employee by any public agency unless and until he has taken and

filed the oath or affirmation required by this act. Said public

officer or employee, if his name is to appear on a public payroll

claim, and who is not the certifying officer thereof, shall

immediately, after he takes and files his oath or affirmation,

notify, in writing, said certifying officer that he has taken and

filed his said oath of affirmation and the date of such filing. It

shall be the duty of the person certifying to said payroll to

certify thereon that he has taken and filed said oath or affirmation

and that every other officer or employee whose name appears on the

payroll has notified him in writing that he has taken and filed the

same.
Okla. Stat. tit. 51, § 51-165 — OK Code / Title 51 / Section 51-165
Exempt claims
Status: in_force

Oklahoma Statutes - Title 51. Officers Page 119

This act does not apply to any claim against any political

subdivision or employee arising before the effective date of this

act. Any such claim may be presented and enforced to the same

extent and subject to the same procedures and restrictions as if

this act had not been adopted.
Okla. Stat. tit. 51, § 51-70 — OK Code / Title 51 / Section 51-70
Expenses - How paid
Status: in_force

All expenses of any impeachment proceedings, after the

Legislature shall have adjourned, shall be paid out of any

legislative appropriation made for the payment of the per diem and

expenses of any such Legislature, and shall be approved by the

presiding Justice of the court and attested by its clerk; provided,

that before any such claim shall be allowed against any said

appropriation, the person making the claim must first make and

submit an affidavit that such services have been actually rendered,

or such expenses incurred, under the provisions of this act.
Okla. Stat. tit. 51, § 51-100 — OK Code / Title 51 / Section 51-100
Attorney General - Powers
Status: in_force

The Attorney General of the state shall have the power, and he

is hereby authorized and directed whenever complaint has been made

and the names of witnesses furnished him, or whenever he deems

necessary to issue subpoenas for such witnesses so furnished him,

and for such other persons as he shall have reason to believe to

have any knowledge of the truth of the complaint made, to cause said

witnesses to appear before the Attorney General, or any magistrate

or notary public, at the time and place in the county of the accused

officer's residence, to be designated in the subpoena then and there

to testify concerning the subject matter of such investigation.

Each witness shall be sworn to make true answers to all

questions propounded to him touching the matter under investigation,

and the testimony of each witness shall be reduced to writing and be

signed by the witnesses.

The Attorney General is hereby authorized and empowered to

administer the necessary oaths and affirmations to such witnesses.

All witnesses subpoenaed or used by the Attorney General in such

special investigation, or upon the hearing of the complaint or

Oklahoma Statutes - Title 51. Officers Page 72

petition in the district court, or the Supreme Court, shall be

entitled to receive the same per diem and mileage as is allowed

witnesses in the district court of the state, said fees to be paid

by the Attorney General out of any funds of his office available for

such purpose.

Any disobedience to such subpoena, or refusal to answer any

proper question propounded by the Attorney General at such inquiry

shall be a misdemeanor, and shall be punished by a fine of not more

than Five Hundred Dollars ($500.00), or by imprisonment in the

county jail not more than six (6) months, or by both such fine and

imprisonment.
Okla. Stat. tit. 51, § 51-24A.33 — OK Code / Title 51 / Section 51-24A.33
Contact information for people or entities responsible
Status: in_force

for property.

Any contact information of persons or entities responsible for

emergency contracts and property maintenance for property and the

names of persons or entities in this state authorized to receive

notice and service of process for property outlined in Section 22-

110.1 of Title 11 of the Oklahoma Statutes shall be kept

confidential by the requesting municipal governments.
Okla. Stat. tit. 51, § 51-22 — OK Code / Title 51 / Section 51-22
Violations are misdemeanors
Status: in_force

Any officer violating any of the provisions of this chapter,

except as herein otherwise provided, is guilty of a misdemeanor.

R.L. 1910, § 4289.
Okla. Stat. tit. 51, § 51-253 — OK Code / Title 51 / Section 51-253
Burden upon free exercise of religion
Status: in_force

A. Except as provided in subsection B of this section, no

governmental entity shall substantially burden a person’s free

exercise of religion even if the burden results from a rule of

general applicability.

B. No governmental entity shall substantially burden a person’s

free exercise of religion unless it demonstrates that application of

the burden to the person is:

1. Essential to further a compelling governmental interest; and

2. The least restrictive means of furthering that compelling

governmental interest.

Oklahoma Statutes - Title 51. Officers Page 125

C. Any order or rule issued by any governmental entity pursuant

to an emergency that requires closure of any place of worship

entitled to the religious exemption found in Section 501(c)(3) of

Title 26 of the United States Code shall be considered a substantial

burden even if the order or rule is one of general applicability.

D. No governmental entity as defined pursuant to Section 252 of

this title shall declare or deem a religious institution and any

activity directly related to the institution’s discharge of its

mission and purpose to be nonessential. No religious institution

shall be subject to a closure or restriction for the purposes of

health or security that is greater than that imposed upon any

private entity facing the same or similar health or security

conditions.

E. It shall be deemed a substantial burden to exclude any

person or entity from participation in or receipt of governmental

funds, benefits, programs, or exemptions based solely on the

religious character or affiliation of the person or entity.
Okla. Stat. tit. 51, § 51-36.3 — OK Code / Title 51 / Section 51-36.3
Filing oath or affirmation - Blanks
Status: in_force

A. The oath or affirmation required by Section 36.2A of this

title and taken and subscribed to by:

1. Every state officer shall be filed with the Secretary of

State;

2. Every state employee shall be filed with the personnel

officer of the state entity employing the state employee;

3. All other officers shall be filed with the office of the

county clerk of the county of official residence of the officer;

4. All other employees shall be filed with the office of the

county clerk of the county in which the entity employing the

employee is located; and

Oklahoma Statutes - Title 51. Officers Page 59

5. Every notary public shall be filed with the office of the

Secretary of State.

B. No fee shall be charged for the filings or for the

administration of the oaths or affirmation.

C. Blank oath forms will be furnished, without charge, by the

Secretary of State to such officers and employees upon request.

D. The provisions of paragraphs 3, 4 and 5 of subsection A of

this section shall not apply to municipal officers and employees or

school district officers and employees. All oaths or affirmations

of municipal officers or employees or school district officers or

employees shall be filed in the office of the municipal clerk of the

municipality or in the office of the school clerk of the school

district for which the officer or employee serves or by which the

officer or employee is employed.
Okla. Stat. tit. 51, § 51-24A.25 — OK Code / Title 51 / Section 51-24A.25
Order of court for removal of materials from public
Status: in_force

record.

Any order of the court for removal of materials from the public

record shall require compliance with the provisions of paragraphs 2

through 7 of subsection C of Section 3226 of Title 12 of the

Oklahoma Statutes.
Okla. Stat. tit. 51, § 51-59 — OK Code / Title 51 / Section 51-59
Court of impeachment - Organization
Status: in_force

When articles of impeachment shall be presented to the Senate,

the Senate shall within ten (10) days thereafter organize as a court

of impeachment, and may for the purpose of conducting the business

of such court, appoint a clerk, who may be the secretary of the

Senate. The clerk shall issue all process and keep a record of the

proceedings of such court. The said court shall also appoint a

marshal and an assistant marshal who shall be its executive

officers. It may employ such stenographic, clerical and other help

as may be required.
Okla. Stat. tit. 51, § 51-24A.18 — OK Code / Title 51 / Section 51-24A.18
Additional recordkeeping not required
Status: in_force

Except as may be required in Section 24A.4 of this title, this

act does not impose any additional recordkeeping requirements on

public bodies or public officials.
Okla. Stat. tit. 51, § 51-24A.27 — OK Code / Title 51 / Section 51-24A.27
Vulnerability assessments of critical assets in water
Status: in_force

and wastewater systems.

A. Any state environmental agency or public utility shall keep

confidential vulnerability assessments of critical assets in both

water and wastewater systems. State environmental agencies or

public utilities may use the information for internal purposes or

allow the information to be used for survey purposes only. The

state environmental agencies or public utilities shall allow any

public body to have access to the information for purposes

specifically related to the public bodies function.

B. For purposes of this section:

1. “State environmental agencies” includes the:

a. Oklahoma Water Resources Board,

b. Oklahoma Corporation Commission,

c. State Department of Agriculture,

d. Oklahoma Conservation Commission,

e. Department of Wildlife Conservation,

f. Department of Mines, and

g. Department of Environmental Quality;

2. “Public Utility” means any individual, firm, association,

partnership, corporation or any combination thereof, municipal

corporations or their lessees, trustees and receivers, owning or

operating for compensation in this state equipment or facilities

for:

a. producing, generating, transmitting, distributing,

selling or furnishing electricity,

b. the conveyance, transmission, reception or

communications over a telephone system,

c. transmitting directly or indirectly or distributing

combustible hydrocarbon natural or synthetic natural

gas for sale to the public, or

d. the transportation, delivery or furnishing of water

for domestic purposes or for power.
Okla. Stat. tit. 51, § 51-24A.11 — OK Code / Title 51 / Section 51-24A.11
Library, archive or museum materials - Confidentiality
Status: in_force

A. A public body may keep confidential library, archive, or

museum materials donated to the public body to the extent of any

limitations imposed as a condition of the donation and any

information which would reveal the identity of an individual who

lawfully makes a donation to or on behalf of a public body

including, but not limited to, donations made through a foundation

operated in compliance with Sections 5-145 and 4306 of Title 70 of

the Oklahoma Statutes.

B. If library, archive, or museum materials are donated to a

public body and the donation may be claimed as a tax deduction, the

public body may keep confidential any information required as a

condition of the donation except the date of the donation, the

appraised value claimed for the donation, and a general description

of the materials donated and their quantity.
Okla. Stat. tit. 51, § 51-52 — OK Code / Title 51 / Section 51-52
Presiding officer of court of impeachment - Presentation of
Status: in_force

impeachment.

When sitting as a court of impeachment, the Senate shall be

presided over by the Chief Justice, or if he is absent or

disqualified, then one of the Associate Justices of the Supreme

Court, to be selected by it, except in cases where all the members

of said Court are absent or disqualified, or in cases of impeachment

of any Justice of the Supreme Court, then the Senate shall elect one

of its own members as a presiding officer for such purpose. The

House of Representatives shall present all impeachments.
Okla. Stat. tit. 51, § 51-251 — OK Code / Title 51 / Section 51-251
Short title
Status: in_force

This act may be cited as the “Oklahoma Religious Freedom Act”.
Okla. Stat. tit. 51, § 51-36.1 — OK Code / Title 51 / Section 51-36.1
Persons required to take oath or affirmation
Status: in_force

Every officer and employee of the State of Oklahoma, or of a

county, school district, municipality, public agency, public

authority, or public district thereof, who, on or after July 1,

1953, is appointed or elected to office, or who after said date is

employed, for a continuous period of thirty (30) days or more, in

order to qualify and enter upon the duties of his office or

employment and/or receive compensation, if any, therefor, shall

Oklahoma Statutes - Title 51. Officers Page 58

first take and subscribe to the loyalty oath or affirmation required

by this act and file the same as hereinafter set forth. Provided,

that a public employee who is employed or whose employment is

extended on a fiscal year basis and who has duly taken and filed the

oath required by this act in order to qualify for and enter upon, or

continue in, the duties of his employment, need not again take and

file such an oath so long as his said employment, or reemployment is

continuous or consecutive.
Okla. Stat. tit. 51, § 51-24A.7 — OK Code / Title 51 / Section 51-24A.7
Personnel records - Confidentiality - Inspection and
Status: in_force

copying.

A. At the sole discretion of the public body, a public body may

keep personnel records confidential:

1. Which relate to internal personnel investigations including

examination and selection material for employment, hiring,

appointment, promotion, demotion, discipline or resignation; or

2. Where disclosure would constitute a clearly unwarranted

invasion of personal privacy such as employee evaluations, payroll

deductions, employment applications submitted by persons not hired

by the public body and transcripts from institutions of higher

education maintained in the personnel files of certified public

school employees; provided, however, that nothing in this subsection

shall be construed to exempt from disclosure the degree obtained and

the curriculum on the transcripts of certified public school

employees.

B. All personnel records not specifically falling within the

exceptions provided in subsection A or D of this section shall be

available for public inspection and copying including, but not

limited to, records of:

1. An employment application of a person who becomes a public

official;

2. The gross receipts of public funds;

3. The dates of employment, title or position; and

4. Any final disciplinary action resulting in loss of pay,

suspension, demotion of position or termination.

C. Except as may otherwise be made confidential by statute, an

employee of a public body shall have a right of access to his own

personnel file.

D. The home addresses, home telephone numbers, Social Security

numbers, private email addresses, and private mobile phone numbers

of current and former public employees shall not be open to public

inspection or disclosure; provided, however, that nothing in this

subsection shall be construed to exempt from disclosure public

records created using a private email address or private mobile

phone.

Oklahoma Statutes - Title 51. Officers Page 32

E. Except as otherwise required by Section 6-101.16 of Title 70

of the Oklahoma Statutes, public bodies shall keep confidential all

records created pursuant to the Oklahoma Teacher and Leader

Effectiveness Evaluation System (TLE) which identify a current or

former public employee and contain any evaluation, observation or

other TLE record of such employee.
Okla. Stat. tit. 51, § 51-152.2 — OK Code / Title 51 / Section 51-152.2
Agreements with charitable health care providers - Care
Status: in_force

for medically indigent persons - Rules - Claims not to affect

insurance rates.

A. 1. The State Department of Health, or a city-county health

department, may enter into agreements with charitable health care

providers in which the provider stipulates to the State Department

of Health, or a city-county health department, that when the

provider renders professional services to a medically indigent

person in a free clinic as provided in Section 32 of Title 76 of the

Oklahoma Statutes, or when a patient is referred from a free clinic

to another charitable health care provider for medical services,

such services will be provided gratuitously;

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. A city-county

health department shall utilize the same rules as adopted by the

State Department of Health for administration of the provisions of

this section; and

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

for damages arising as a result of rendering professional services

to a medically indigent person, which professional services were

rendered gratuitously in a free clinic as provided in Section 32 of

Title 76 of the Oklahoma Statutes, or when a patient is referred

from a free clinic to another charitable health care provider for

medical services, at a time when an agreement entered into by the

charitable health care provider with the State Department of Health,

or a city-county health department, pursuant to this section was in

effect, shall be considered an employee of the state under The

Governmental Tort Claims Act.

B. The State Department of Health shall adopt rules on

eligibility criteria for determining whether a person qualifies as a

medically indigent person. A city-county health department shall

utilize the same rules as adopted by the State Department of Health

for administration of the provisions of this section.

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

professional services by a charitable 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.

Oklahoma Statutes - Title 51. Officers Page 93
Okla. Stat. tit. 51, § 51-155.2 — OK Code / Title 51 / Section 51-155.2
Liability of state for Y2K failure
Status: in_force

A. Except as provided in subsection C, D or E of this section,

the state or any political subdivision of the state or an

independent contractor of the state shall have no liability for

losses from any failure or malfunction occurring before December 31,

2002, which is caused directly or indirectly by the failure of

computer software or any device containing a computer processor to

accurately or properly recognize, calculate, display, sort, or

otherwise process dates or times.

B. Except as provided in subsection C, D or E of this section,

no claim or cause of action, including, without limitation, any

civil action or action for declaratory of injunctive relief, whether

arising out of contract or arising independent of contract, may be

brought against the state or any political subdivision of the state

or against an independent contractor or an officer or employee of

the state or a political subdivision on the basis that a computer or

other information system that is owned or operated by any of those

persons produced, calculated or generated an incorrect date or

failed to accurately store, process, provide or receive data. Any

contract entered into by or on behalf of and in the capacity of this

state, an immune contractor or an officer or employee of the state

or any of its agencies or political subdivisions must include a

Oklahoma Statutes - Title 51. Officers Page 107

provision that provides immunity to those persons for any breach of

contract that is caused by an incorrect date being produced,

calculated or generated by a computer or computer system or caused a

computer or computer system to fail to accurately store, process,

provide or receive data that is owned or operated by any of those

persons. Any contract subject to the provisions of this section

that is entered into on or after July 1, 1999, has the legal effect

of including the immunity required by this section, and any

provision of the contract which is in conflict with this section is

void. Notwithstanding any other provision herein, the provisions of

this subsection shall not provide immunity from fulfilling a

contract or relieve the state or any political subdivision of the

state of its obligation to fulfill the terms of a contract or to

provide services or make payments under the terms of the contract in

a reasonable length of time.

C. A claim may be brought pursuant to the Governmental Tort

Claims Act for negligence caused directly or indirectly by the

failure of computer software or any device containing a computer

processor to accurately or properly recognize, calculate, display,

sort, or otherwise process dates or times, if the failure resulted

in bodily injury or death.

D. Neither the state or any political subdivision of the state

shall be immune from a claim or cause of action if remediation

efforts were not begun by January 1, 1999.

E. Nothing in this section shall limit the liability of any

individual or entity to the state or any political subdivision of

the state, and contracts between the state or any political

subdivision of the state and an independent contractor will not

include a provision, express or implied, that grants the independent

contractor immunity from liability to the state or any political

subdivision of the state for any breach of contract that is caused

by an incorrect date being produced, calculated or generated by a

computer or computer system that is owned or operated by the

independent contractor.

F. As used in this section:

1. “Independent contractor” means a defendant, as defined in

Section 2 of this act, providing, pursuant to contract, a computer

program or software, a computer system, or providing computer

technical assistance to the state or a political subdivision of the

state;

2. “Remediation efforts” means:

a. in the case of software, writing computer code to

correct dates in data sensitive programs,

b. in the case of embedded chips or systems, testing the

embedded systems or chips to determine if they are

year 2000 compliant or assisting vendors in testing

for such compliance, and

Oklahoma Statutes - Title 51. Officers Page 108

c. making necessary corrections to make the system

compliant; and

3. “Computer system” means any electronic device or collection

of devices, including support devices, networks and embedded chips,

and excluding calculators that are not programmable, that contain

computer programs or electronic instructions and that perform

functions including logic, arithmetic, data processing, data storage

and retrieval, communication or control.
Okla. Stat. tit. 51, § 51-24A.10a — OK Code / Title 51 / Section 51-24A.10a
Oklahoma Medical Center - Market research and
Status: in_force

marketing plans - Confidentiality.

The Oklahoma Medical Center may keep confidential market

research conducted by and marketing plans developed by the Oklahoma

Medical Center if the Center determines that disclosure of such

research or plans would give an unfair advantage to competitors of

the Oklahoma Medical Center regarding marketing research and

planning, public education, and advertising and promotion of special

and general services provided by the Oklahoma Medical Center.
Okla. Stat. tit. 51, § 51-9 — OK Code / Title 51 / Section 51-9
Resignations
Status: in_force

Resignations may be made as follows:

1. Of state officers, officers of districts of the state, and

county commissioners, to the Governor.

2. Of members of the Legislature, to the presiding officers of

their branches respectively, when in session, and when not in

session, to the Governor; and when made to the presiding officer he

shall at once notify the Governor thereof.

3. Of the officers of the Legislature, to the respective

branches thereof.

4. Of elective county officers, by filing or depositing such

resignation in writing in the office of the county clerk, except

that of county clerk, which shall be filed or deposited with the

board of county commissioners, which resignations, unless a

different time is fixed therein, shall take effect upon such filing

or deposit.

5. Of officers of districts of the county and officers of

municipal townships, to the board of county commissioners.

6. Of officers holding their offices by appointment, to the

body, board, court or officer that appointed them.

R.L. 1910, § 4277.
Okla. Stat. tit. 51, § 51-12.1 — OK Code / Title 51 / Section 51-12.1
Deceased officer's spouse - Eligibility for appointment
Status: in_force

If any officer of the state, district, county, city, town or

other governmental subdivision of this state shall die while in

office, and shall leave a surviving spouse, the said surviving

spouse shall be eligible (if otherwise qualified) to be appointed to

and to hold said office during the term for which the said officer

was elected or appointed, regardless of the degree of relationship

by either affinity or consanguinity to the appointing officer or to

any member of the appointing board, commission, or other appointing

authority, and it shall not be unlawful for any officer, board,

commission, appointing authority, or member thereof to appoint or

vote for the appointment of said surviving spouse to said office

during said term, regardless of any such relationship.
Okla. Stat. tit. 51, § 51-94 — OK Code / Title 51 / Section 51-94
Attorney General - Duties
Status: in_force

It shall be the duty of the Attorney General of this state, when

directed by the Governor, or upon notice being received by the

Attorney General in writing and verified by fifteen or more

reputable citizens of the county or by one percent (1%) of the

registered voters that voted in the previous election for the

Oklahoma Statutes - Title 51. Officers Page 70

political subdivision of which the officer who is the subject of the

complaint is an official, whichever is greater, before some officer

authorized to administer oaths, that any officer herein mentioned

has been guilty of any of the acts, omissions or offenses as set out

in Section 93 of this title, to investigate such complaint, and if

on such investigation the Attorney General shall find that there is

reasonable cause for such complaint, the Attorney General shall

institute proceedings in the Supreme Court, or any district court of

the county of the residence of the accused, to oust such officer

from office.
Okla. Stat. tit. 51, § 51-97 — OK Code / Title 51 / Section 51-97
Defendant guilty - Judgment of ouster
Status: in_force

If the defendant shall be found guilty, judgment of ouster shall

be rendered against him.
Okla. Stat. tit. 51, § 51-101 — OK Code / Title 51 / Section 51-101
Witnesses
Status: in_force

No person shall be excused from testifying before said Attorney

General, magistrate, or notary public, at any such investigation, or

be excused from testifying in any proceeding brought in any court of

competent jurisdiction under the provisions of this act, on the

ground that his testimony may tend to incriminate him; but no person

shall be prosecuted, or subjected to any penalty, or forfeiture for

or on account of any transaction, matter, or thing, concerning which

he may testify or produce evidence; nor shall such testimony be used

against him for any crime or misdemeanor under the laws of this

state, or in any subsequent civil proceeding against said witness.
Okla. Stat. tit. 51, § 51-24A.5 — OK Code / Title 51 / Section 51-24A.5
See the following versions:
Status: in_force

OS 51-24A.5v1 (HB 1854, Laws 2024, c. 11, § 14)

OS 51-24A.5v2 (SB 535, Laws 2025, c. 404, § 2)
Okla. Stat. tit. 51, § 51-128 — OK Code / Title 51 / Section 51-128
Rules and regulations
Status: in_force

The state agency shall make and publish rules and regulations,

not inconsistent with the provisions of this act, as it finds

necessary or appropriate to the efficient administration of the

functions with which it is charged under this act.
Okla. Stat. tit. 51, § 51-6 — OK Code / Title 51 / Section 51-6
See the following versions:
Status: in_force

Oklahoma Statutes - Title 51. Officers Page 6

OS 51-6v1 (SB 1091, Laws 2025, c. 303, § 1)

OS 51-6v2 (HB 2083, Laws 2025, c. 378, § 1)
Okla. Stat. tit. 51, § 51-24A.20 — OK Code / Title 51 / Section 51-24A.20
Records in litigation or investigation file - Access
Status: in_force

Access to records which, under the Oklahoma Open Records Act,

would otherwise be available for public inspection and copying,

shall not be denied because a public body or public official is

using or has taken possession of such records for investigatory

purposes or has placed the records in a litigation or investigation

file. However, a law enforcement agency may deny access to a copy

of such a record in an investigative file if the record or a true

Oklahoma Statutes - Title 51. Officers Page 47

and complete copy thereof is available for public inspection and

copying at another public body.
Okla. Stat. tit. 51, § 51-13 — OK Code / Title 51 / Section 51-13
How appointments made
Status: in_force

Appointments under the provisions of this chapter shall be made

in writing and filed with the Secretary of State or with the proper

county officer.

R.L. 1910, § 4280.
Okla. Stat. tit. 51, § 51-19 — OK Code / Title 51 / Section 51-19
Successor to receive records, etc
Status: in_force

Upon the death, resignation, suspension or removal from office

of any officer, or upon the expiration of his term, all public

monies, books, records, accounts, papers, documents and property of

other kind in his hands or held by him by virtue of his office,

shall be delivered to his successor.

R.L. 1910, § 4286.
Okla. Stat. tit. 51, § 51-63 — OK Code / Title 51 / Section 51-63
Fees for witnesses and executions of processes
Status: in_force

Witnesses shall have the same compensation for travel and

attendance, and the same exemptions in going, remaining and

returning, as witnesses in the district court; and officers

executing the process and orders of the Senate when sitting as a

court of impeachment shall have the same fees as are allowed

sheriffs for like services in the district court.
Okla. Stat. tit. 51, § 51-131 — OK Code / Title 51 / Section 51-131
Referenda and certification
Status: in_force

(a) With respect to employees of the state in positions covered

by a retirement system established by the state, the Governor is

empowered to authorize a referendum upon the question of whether

service in positions covered by such retirement system should be

excluded from or included under an agreement, or modification

thereof, under Section 123 of this title; and, with respect to

employees of any political subdivision or instrumentality in

positions covered by a retirement system established by the state or

by such subdivision or instrumentality, the Governor, upon written

request of the governing body of such subdivision or

instrumentality, shall authorize a referendum upon the question of

whether positions covered by such retirement system should be

excluded from or included under a plan submitted by such subdivision

or instrumentality under Section 125 of this title. In either case

the referendum shall be conducted, and the Governor shall designate

an agency or individual to supervise its conduct, in accordance with

the requirement of Section 218(d) (3) of the Federal Social Security

Act; and the notice of referendum required by said Section 218(d)

(3) of the Federal Social Security Act shall contain, or shall be

accompanied by, a statement in such form and in such detail as the

agency or individual designated by the Governor to conduct such

referendum shall deem necessary to inform the eligible employees of

the rights which will accrue to them and their dependents and

survivors, and the liabilities to which they will be subject, in

event their services are included under such an agreement or plan.

(b) Upon receiving evidence satisfactory to him that, with

respect to any such referendum, the conditions specified in Section

218(d) (3) of the Federal Social Security Act have been met, the

Governor shall so certify to the appropriate federal agency.

(c) Nothing in this section shall be construed as allowing or

providing for coverage of services in a policeman's or fireman's

position, unless and until the Federal Social Security Act be

amended to allow coverage of services in such a position.
Okla. Stat. tit. 51, § 51-93 — OK Code / Title 51 / Section 51-93
Official misconduct defined - Suspension
Status: in_force

Official misconduct within the meaning of this act is hereby

defined to be:

1. Any willful failure or neglect to diligently and faithfully

perform any duty enjoined upon such officer by the laws of this

state.

2. Intoxication in any public place within the state produced

by strong drink voluntarily taken.

3. Committing any act constituting a violation of any penal

statute involving moral turpitude. Such an act has been committed,

in the sense of this section, when the official involved has been

convicted thereof by a court of record; and suspension from office

as provided by Section 98 of this title shall be sought and is

hereby authorized upon such conviction, even though the official so

convicted has appealed such conviction.
Okla. Stat. tit. 51, § 51-51 — OK Code / Title 51 / Section 51-51
Liability to impeachment - Grounds for impeachment
Status: in_force

The Governor and other elective state officers, including the

Justices of the Supreme Court, shall be liable and subject to

impeachment for willful neglect of duty, corruption in office,

habitual drunkenness, incompetency, or any offense involving moral

turpitude committed while in office.
Okla. Stat. tit. 51, § 51-1 — OK Code / Title 51 / Section 51-1
Beginning of term - Time of qualifying
Status: in_force

Except when otherwise specially provided, the regular term of

all officers elected under the laws of the state, when elected to a

full term, shall commence on the second Monday of January next

succeeding their election, and any officer so elected shall qualify

and enter upon the duties of his office on said date or within ten

(10) days thereafter; but if the office to which any person is

elected be vacant at the time of his election or becomes vacant

before his time for qualifying, even if he were not elected to fill

the vacancy, he shall forthwith qualify and enter upon the duties of

his office.

R.L. 1910, § 4269.
Okla. Stat. tit. 51, § 51-252 — OK Code / Title 51 / Section 51-252
Definitions
Status: in_force

In this act:

1. “Demonstrates” means the burdens of going forward with the

evidence and of persuasion under the standard of clear and

convincing evidence are met;

2. “Exercise of religion” means the exercise of religion under

Article 1, Section 2, of the Constitution of the State of Oklahoma,

the Oklahoma Religious Freedom Act, and the First Amendment to the

Constitution of the United States;

3. “Fraudulent claim” means a claim that is dishonest in fact

or that is made principally for a patently improper purpose, such as

to harass the opposing party;

4. “Frivolous claim” means a claim which lacks merit under

existing law and which cannot be supported by a good faith argument

for the extension, modification, or reversal of existing law or the

establishment of new law;

5. “Governmental entity” means any branch, department, agency,

or instrumentality of state government, or any official or other

person acting under color of state law, or any political subdivision

of this state;

6. “Prevails” means to obtain prevailing party status as

defined by courts construing the federal Civil Rights Attorney’s

Fees Awards Act of 1976, 42 U.S.C. § 1988; and

7. “Substantially burden” means to inhibit or curtail

religiously motivated practice.
Okla. Stat. tit. 51, § 51-151 — OK Code / Title 51 / Section 51-151
Short title
Status: in_force

This act shall be known and may be cited as "The Governmental

Tort Claims Act".