reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-3. Petitions and signatures.

Each initiative petition and each referendum petition shall be duplicated for the securing of signatures. The Secretary of State shall design a form, subject to change, for signatures that shall be used by proponents of initiatives or referendums when collecting signatures, and each sheet for signatures shall be attached to a copy of the petition. Each copy of the petition and sheets for signatures is hereinafter termed a pamphlet. On the outer page of each pamphlet shall be printed the word "Warning", and underneath this in ten-point type the words, "It is a felony for anyone to sign an initiative or referendum petition with any name other than his own, or knowingly to sign his name more than once for the measure, or to sign such petition when he is not a legal voter." A simple statement of the gist of the proposition shall be printed on the top margin of each signature sheet.
R.L. 1910, § 3370. Amended by Laws 1961, p. 264, § 3, emerg. eff. May 17, 1961; Laws 1985, c. 288, § 1, emerg. eff. July 23, 1985; Laws 1992, c. 92, § 3, eff. Sept. 1, 1992; Laws 2020, c. 125, § 4, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-3.2. Participants in the Address Confidentiality Program.

Registered voters signing an initiative or referendum petition who are certified by the Office of the Attorney General as participants in the Address Confidentiality Program established by Section 60.14 of Title 22 of the Oklahoma Statutes may use the address given to the registered voter by the Office of the Attorney General to sign an initiative or referendum petition.
Added by Laws 2020, c. 84, § 1, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-4. Filing and binding - Cover sheets - Receipt.

When any such signed initiative or referendum petition pamphlets shall be offered for filing, the Secretary of State, in the presence of the person offering the same for filing, shall detach the sheets containing the signatures and affidavits and cause them all to be attached to one or more printed copies of the measure so proposed by initiative or referendum petition. If the aforesaid sheets shall be too bulky for convenient binding in one volume, they may be bound in two or more volumes, those in each volume to be attached to a single printed copy of such measure; the detached copies of such measures shall be delivered to the person offering the same for filing. Each of the volumes and each signature sheet therein shall be numbered consecutively, and a cover sheet shall be attached, showing the purported number of signature sheets, the series of numbers assigned to the signature sheets and the total number of signatures counted per volume. The Secretary of State shall render a signed receipt to the person offering the petition for filing, which receipt shall include a report, volume by volume, showing the number of signature sheets in each volume, the series of numbers assigned to the signature sheets in each volume, and the number of purported signatures in each volume. Duplicate copies of the cover sheets, with necessary corrections, may be used as receipts. If the volume of signatures is sufficiently large, the Secretary of State shall seal the petitions in such manner that they cannot be opened unless the seal is broken, and if requested by those filing said petition, they shall not be opened before 9:00 a.m. on the day following the date said petitions are filed and said procedure shall continue until such time as the Secretary shall be able to receipt the petitions so filed; but additional signature sheets shall not be accepted after 5:00 p.m. on the ninetieth day. The Secretary of State shall not provide any copies of signature sheets to anyone until the sheets have been bound as provided in this section.
Provided, that whenever reference is made in this act to the Secretary of State, such reference shall include the Secretary of State or any officer constitutionally designated to perform the duties herein prescribed.
R.L. 1910, § 3371. Amended by Laws 1961, p. 265, § 4, emerg. eff. May 17, 1961; Laws 1970, c. 185, § 1, emerg. eff. April 13, 1970; Laws 1992, c. 92, § 4, eff. Sept. 1, 1992; Laws 2020, c. 125, § 5, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-5. Preservation after approval.

A. If any measure shall, at the ensuing election, be approved by the people, then the copies so preserved, with the sheets of signatures and affidavits, and a certified copy of the Governor's proclamation declaring the same to have been approved by the people, shall be bound together in such form that they may be conveniently identified. The material required to be bound together shall be preserved by the Secretary of State for two (2) years after the measure was filed with the Secretary of State or, if objections or protests are filed on a measure, for two (2) years after the final decision of the Supreme Court on any objections or protests filed. Thereafter, the Secretary of State may dispose of the material in cooperation with the Archives and Records Commission.
B. The Secretary of State may dispose of materials from measures which were filed prior to this act in cooperation with the Archives and Records Commission.
C. The Secretary of State shall cause every such measure so approved by the people to be printed with the general laws enacted by the next ensuing session of the Legislature with the date of the Governor's proclamation declaring the same to have been approved by the people.
R.L. 1910, § 3372; Laws 1992, c. 92, § 5, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-6. Verification of signatures.

Any person who circulates a sheet of said petition shall verify the signatures included on any signature sheets he or she circulates by executing his or her affidavit thereon and as a part thereof. The Secretary of State shall cause to be affixed onto the back of the signature form an affidavit, subject to change, for the circulator to verify the signatures.
State of Oklahoma,
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County of ________
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I, ______, being first duly sworn, say: That I am at least eighteen (18) years old and that all signatures on the signature sheet were signed in my presence; I believe that each has stated his or her name, mailing address, and date of birth associated with his or her Oklahoma voter registration record, and that each signer is a legal voter of the State of Oklahoma and county of ______ or of the city of ______ (as the case may be). (Signature and complete address of affiant.)
Subscribed and sworn to before me this ________ day of ________ A.D. 20__.
(Signature and title of the Oklahoma notarial officer before whom oath is made, and his or her complete address, commission number and expiration date, and official Oklahoma notary public seal.)
R.L. 1910, § 3373. Amended by Laws 1969, c. 206, § 2, emerg. eff. April 18, 1969; Laws 2015, c. 193, § 3, emerg. eff. April 28, 2015; Laws 2020, c. 125, § 6, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-6.1. Physical count of signatures - Signatures not included.

A. The Secretary of State shall make or cause to be made a verification and count of the number of signatures on the petitions. In making such count, the Secretary of State shall not include in such total count:
1. All signatures on any sheet of any petition which is not verified by the person who circulated the sheet of the petition as provided in Section 6 of this title;
2. All signatures of nonresidents;
3. All signatures on a sheet that is not attached to a copy of the petition pamphlet;
4. All multiple signatures on any printed signature line;
5. All signatures not on a printed signature line;
6. Those signatures by a person who signs with any name other than his or her own or signs more than once;
7. All signatures on any sheet on which a notary has failed to sign, the seal of the notary is absent, the commission of the notary has expired or the expiration date is not on the signature sheet; and
8. Any signatures that cannot be verified by the Secretary of State with the Oklahoma State Election Board's public voter registration records.
B. The Secretary of State shall notify the Attorney General of any and all violations of this title of which he or she has knowledge.
C. The Secretary of State may purchase any tangible or intangible assets, including, but not limited to, software, necessary to carry out his or her duties pursuant to this section. Such purchases shall be exempt from the requirements of the Oklahoma Central Purchasing Act.
Added by Laws 1969, c. 206, § 3, emerg. eff. April 18, 1969. Amended by Laws 1976, c. 30, § 1, emerg. eff. March 17, 1976; Laws 1992, c. 92, § 6, eff. Sept. 1, 1992; Laws 2020, c. 125, § 7, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-7. Numbering of petitions.

Each order for a direct ballot by the voters that is filed with the Secretary of State by initiative petition, referendum petition, and by the Legislature shall be numbered consecutively, each in a series by itself, beginning with one, to be continued year after year, without duplication of numbers.
R.L.1910, § 3374.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-10. Appeal upon question of ballot title.

A. Any person who is dissatisfied with the wording of a ballot title may, within ten (10) business days after the same is published by the Secretary of State as provided for in subsection I of Section 8 of this title, appeal to the Supreme Court by petition in which shall be offered a substitute ballot title for the one from which the appeal is taken. Upon the hearing of such appeal, the court may correct or amend the ballot title before the court, or accept the substitute suggested, or may draft a new one which will conform to the provisions of Section 9 of this title.
B. No such appeal shall be allowed as to the ballot title of constitutional and legislative enactments proposed by the Legislature.
R.L. 1910, § 3377. Amended by Laws 1975, c. 263, § 2, emerg. eff. June 4, 1975; Laws 1985, c. 192, § 2; Laws 2009, c. 318, § 3, eff. Nov. 1, 2009; Laws 2015, c. 193, § 6, emerg. eff. April 28, 2015.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-11. Procedure upon appeal.

Notice of the appeal provided for in the preceding section shall be served upon the Attorney General and upon the party who filed such ballot title, or on any of such parties, at least five (5) business days before such appeal is heard by the court. The Attorney General shall, and any citizen interested may, defend the ballot title from which the appeal is taken. Other procedure upon such appeals shall be the same as is prescribed for appeals from petitions filed as set forth in Section 8 of this title.
R.L. 1910, § 3378. Amended by Laws 1975, c. 263, § 3, emerg. eff. June 4, 1975; Laws 2015, c. 193, § 7, emerg. eff. April 28, 2015.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-12. Proclamation by Governor.

When an initiative or referendum petition has been properly filed with sufficient signatures thereon, as provided in this title, and all objections or protests have been resolved or the period for filing such has expired, the Secretary of State shall, in writing, notify the Governor, who shall issue a proclamation setting forth the substance of the measure and the date on which the vote will be held.
R.L.1910, § 3379. Amended by Laws 1975, c. 263, § 4, emerg. eff. June 4, 1975; Laws 2009, c. 318, § 4, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-17. Publication of measures.

It shall be the duty of the Secretary of State, not less than five (5) business days before any election held throughout the state at which any proposed law, part of an act, or amendment to the constitution is to be submitted to the people of the state for their approval or rejection, to cause to be published once in two different newspapers of general statewide circulation and in a newspaper of general circulation in each county, a copy of all ballots on initiated and referred questions, measures, and constitutional amendments, and an explanation of how to vote for or against propositions. The Secretary of State shall designate the newspapers in which the publication shall be made. The publication shall be paid for at the legal rate for other publications, out of any funds of the state appropriated therefor.
R.L. 1910, § 3384. Amended by Laws 1916, c. 32, p. 87, § 1, emerg. eff. Feb. 26, 1916; Laws 1917, c. 173, p. 306, § 1; Laws 1921, c. 98, p. 124, § 1; Laws 1979, c. 47, § 12, emerg. eff. April 9, 1979; Laws 1992, c. 92, § 9, eff. Sept. 1, 1992; Laws 2015, c. 193, § 8, emerg. eff. April 28, 2015.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-18. Mandamus to compel performance of duty.

In the event any official of this state shall fail or neglect to prepare or have published the argument and other matter as provided by law, or to perform any other duty required in connection therewith, any elector may petition the district court, without cost to him, where any such officer has his official residence, for a writ of mandamus to require such officer to perform such duty, and the district courts of this state are hereby given jurisdiction to issue writs of mandamus and require performance of such duty as provided by law.
Laws 1916, c. 32, p. 89, § 3; Laws 1917, c. 173, p. 307, § 2.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-19. Failure to publish not to invalidate election.

The failure to prepare and have published the argument and other matter as provided by law shall not invalidate the election held on any initiative or referendum or Constitutional amendment proposed by the Legislature, and no election on any such measure shall be declared or held invalid on the grounds that such publication was not so prepared or published.
Laws 1916, c. 32, p. 89, § 4; Laws 1917, c. 173, p. 307, § 3.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-21. Resubmission, when.

Where there are competing measures and neither receives a majority of the votes cast for and against the one receiving the greatest number of votes shall, if it has received more than one-third (1/3) of the votes cast for and against both bills, be submitted by itself at the next general election. If two or more conflicting laws shall be approved by the people at the same election, the law receiving the greatest number of affirmative votes shall be paramount in all particulars as to which there is a conflict, even though such law may not have received the greatest majority of affirmative votes. If two or more conflicting amendments to the constitution shall be approved by the people at the same election, the amendment which receives the greatest number of affirmative votes shall be paramount in all particulars as to which there is a conflict even though such amendment may not have received the greatest majority of affirmative votes.
R.L.1910, § 3386.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-22. Canvass of returns.

Whenever any measure or proposition is submitted to a vote by the initiative or referendum, it shall be the duty of the precinct election board of the precinct to make and transmit to the county election board the returns thereof in the same manner that they make their returns in the case of an election of public officers, transmitting to such county election board a certificate of the total number of electors voting in such elections; and the county election board shall keep a record showing such total number of votes cast in each of such precincts as shown by such returns. Should the proposition be one covering the state at large, or any district therein, or be of such other nature as to require it the county election board shall certify the result of such election to the State Election Board in the same manner as it certifies the result of election for public officers, and such county election board shall transmit to the State Election Board a certificate showing the total number of votes cast at any such election. It shall be the duty of the State Election Board to keep a record of all such election returns made to it under the provisions of this section.
R.L.1910, § 3387; Laws 1974, c. 153, § 17-110, operative Jan. 1, 1975.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-23. Who may sign petitions and vote - Penalties.

Every person who is a qualified elector of the State of Oklahoma may sign a petition for the referendum or for the initiative for any measure upon which he is legally entitled to vote. Any person signing any name other than his own to any petition, or knowingly signing his name more than once for the same measure at one election, or who is not at the time of signing the same a legal voter of this state, or whoever falsely makes or willfully destroys a petition or any part thereof, or who signs or files any certificate or petition knowing the same or any part thereof to be falsely made, or suppresses any certificate or petition or any part thereof which has been duly filed or who shall violate any provision of this statute, or who shall aid or abet any other person in doing any of said acts; and any person violating any provision of this chapter, shall upon conviction thereof be guilty of a felony and shall be punished by a fine of not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the State Penitentiary not exceeding two (2) years, or by both such fine and imprisonment in the discretion of the court before which such conviction shall be had.
R.L. 1910, § 3392. Amended by Laws 1997, c. 133, § 443, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 327, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 443 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-25. Time for submission of initiated and referred measures.

Whenever any measure shall be initiated by the people in the manner provided by law, or whenever the referendum shall be demanded against any measure passed by the Legislature, same shall be submitted to the people for their approval or rejection at the next regular election; provided, the Governor shall have power, in his discretion, to call a special election to vote upon such questions, or to designate the mandatory primary election as a special election for such purpose.
R.L.1910, § 3394; Laws 1916, c. 32, p. 89, § 2.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-27. Distribution of information on initiative and referendum process.

The Secretary of State may prepare and distribute information to the public on the initiative and referendum process. The information shall include, but not be limited to relevant statutes and constitutional provisions related to the initiative and referendum process. The information should also outline the initiative and referendum process in a chronological order.
Added by Laws 1992, c. 92, § 10, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 36. Insurance › §36-103. "Insurer" defined.

A. "Insurer" includes every person engaged in the business of making contracts of insurance or indemnity.
B. A nonprofit hospital service and medical indemnity corporation is an insurer within the meaning of this Code.
C. Burial associations shall be deemed not to be insurers.
Laws 1957, p. 215, § 103.
2023 Oklahoma Statutes › Title 36. Insurance › §36-104. "Person" defined.

"Person" includes an individual, company, insurer, association, organization, society, reciprocal or inter-insurance exchange, partnership, syndicate, business trust, corporation, Lloyd's association, and entity, and association, group or department of underwriters and any farmer’s educational and cooperative union.
Added by Laws 1957, p. 216, § 104, operative July 1, 1957. Amended by Laws 2004, c. 16, § 1, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 36. Insurance › §36-105. "Transacting" insurance.

"Transact" with respect to insurance includes any of the following:
1. Solicitation and inducement.
2. Preliminary negotiations.
3. Effectuation of a contract of insurance.
4. Transaction of matters subsequent to effectuation of the contract and arising out of it.
Laws 1957, p. 216, § 105.
2023 Oklahoma Statutes › Title 36. Insurance › §36-107. "Board" defined.

When used with reference to the administration of the Oklahoma Insurance Code, "State Insurance Board", "Insurance Board" or "Board" means the State Board for Property and Casualty Rates established by Section 331, Article 3, of this Code. For purposes of the laws of this state and the Oklahoma Insurance Code, the term “Board” or “any predecessor to the Board” shall have the same meaning as the term “Insurance Commissioner”.
Added by Laws 1957, p. 216, § 107, operative July 1, 1957. Amended by Laws 1965, c. 60, § 1, eff. July 1, 1965; Laws 2006, c. 264, § 1, eff. July 1, 2006.
2023 Oklahoma Statutes › Title 36. Insurance › §36-114. Existing actions, violations.

Repeal by this act of any law shall not affect or abate any right heretofore accrued, action or proceeding heretofore commenced, or any unlawful act heretofore committed under such laws and punishment or deprivation of license or authority as a consequence thereof as provided by such law, but all proceedings hereafter taken with respect thereto shall conform to the applicable provisions of this Code insofar as possible. All such laws shall be deemed to continue in force to the extent made necessary by this provision.
Laws 1957, p. 217, § 114.
2023 Oklahoma Statutes › Title 36. Insurance › §36-121. Computation of time periods.

In computing any period of time prescribed or allowed by this title, by the rules of the Insurance Commissioner, or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, a legal holiday as defined by the Oklahoma Statutes or any day when the office of the Commissioner does not remain open for public business until 4:00 p.m., in which event the period runs until the end of the next day when the office of the Commissioner is open until 4:00 p.m. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
Added by Laws 1997, c. 418, § 3, eff. Nov. 1, 1997. Amended by Laws 2006, c. 264, § 2, eff. July 1, 2006; Laws 2021, c. 472, § 2, emerg. eff. May 11, 2021.
2023 Oklahoma Statutes › Title 36. Insurance › §36-122. Electronic filing of documents.

A. The Commissioner shall have the authority to require any entity obligated to submit or file documents with the Insurance Department to file the documents electronically.
B. The documents referred to in subsection A of this section include, but are not limited to, forms for compliance, rate filings, or annual, quarterly, or other financial statements.
C. The Commissioner may promulgate reasonable and necessary rules concerning the implementation of this section.
Added by Laws 2010, c. 222, § 1, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 36. Insurance › §36-301. Insurance Department.

The Insurance Department of the State of Oklahoma is hereby created. The Insurance Commissioner shall be the chief executive officer of the Insurance Department. The powers and duties of the Insurance Commissioner shall be those created by the Oklahoma Insurance Code. The Insurance Department shall be situated in one area in the State Capitol or some other location conveniently accessible to the general public subject to the provisions of Sections 63 and 94 of Title 74 of the Oklahoma Statutes and Section 580:20-13-5 of the Oklahoma Administrative Code.
Added by Laws 1957, p. 217, § 301, operative July 1, 1957. Amended by Laws 1965, c. 60, § 2, eff. July 1, 1965; Laws 1980, c. 322, § 2, eff. Jan. 1, 1981; Laws 1986, c. 207, § 76, operative July 1, 1986; Laws 1987, c. 210, § 1, eff. July 1, 1987; Laws 1996, c. 10, § 1, emerg. eff. March 26, 1996; Laws 2006, c. 264, § 3, eff. July 1, 2006.
2023 Oklahoma Statutes › Title 36. Insurance › §36-302. Insurance Commissioner.

The Insurance Commissioner of this state shall be at least twenty-five (25) years of age and a resident of this state for at least five (5) years, and have had at least five (5) years' experience in the insurance industry in administration, sales, servicing or regulation. The Insurance Commissioner shall not be financially interested, directly or indirectly, in any insurer, agency, insurance transaction, or other entity that is regulated by the Insurance Department, except as a policyholder or claimant under a policy.
Added by Laws 1957, p. 218, § 302. Amended by Laws 1983, c. 68, § 2, eff. Nov. 1, 1983; Laws 2022, c. 178, § 1, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 36. Insurance › §36-302.1. Insurance Department Oklahoma City office location.

A. The Insurance Commissioner of the State of Oklahoma, in addition to the other powers and duties vested in the Commissioner, shall be authorized to relocate the Oklahoma Insurance Department's Oklahoma City offices to a single site in Oklahoma County, including but not limited to a tract of land located along the Lincoln Boulevard Corridor owned by the Commissioners of the Land Office of the State of Oklahoma, as Trustees of the Land Office Trust.
B. The new office location shall be occupied by the Oklahoma Insurance Department and shall consist of sufficient square footage to accommodate staff offices, program areas, staff conference areas, records and computer areas, general storage areas, security equipment storage areas, main room, reception area and other necessary areas for operation of the Insurance Department.
C. The Insurance Commissioner is authorized to purchase a building, for no more than the appraised value, to serve as the new office location, or in the alternative, the Insurance Commissioner is authorized to enter into a lease-purchase agreement for the acquisition of such building with the person or entity that will develop or build the building. For the purposes of the purchase or build-out of the new office location, the Insurance Department is hereby exempted from the requirements under the Public Competitive Bidding Act of 1974 provided in Sections 101 through 139 of Title 61 of the Oklahoma Statutes, provided that no funds used for such purchase or build-out come from the General Revenue Fund, and the expenditure of all funds is overseen and approved by both the Oklahoma Insurance Department and the Commissioners of the Land Office.
Added by Laws 2018, c. 162, § 1, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 36. Insurance › §36-303. Official seal of Insurance Commissioner.

The Insurance Commissioner shall have an official seal, the center of which shall be the same as that of the Great Seal of the State of Oklahoma, and which shall be distinguished by the words "Insurance Commissioner - State of Oklahoma" inscribed in the circular band surrounding the remainder of the device. This seal shall be the official seal of the office. Every certificate and other document or paper duly executed by the Insurance Commissioner, authorized employees of the Insurance Department, or independent hearing examiners and all copies or photographic copies of papers certified by authority of the Commissioner and authenticated by the seal shall have the same force and effect as the original would in any suit or proceedings in any court of this state.
Added by Laws 1957, p. 218, § 303. Amended by Laws 1997, c. 418, § 4, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 36. Insurance › §36-304. Funds to be deposited weekly - Collection by nongovernmental entities.

A. The Insurance Commissioner shall deposit weekly with the State Treasurer all funds in the Commissioner’s hands collected for the use of the state.
B. The Insurance Commissioner may contract with nongovernmental entities to collect fees and taxes on behalf of the Insurance Department.
Laws 1957, p. 218, § 304; Laws 1980, c. 159, § 4, emerg. eff. April 2, 1980; Laws 2007, c. 338, § 1, eff. July 1, 2007.
2023 Oklahoma Statutes › Title 36. Insurance › §36-305. Commissioner may appoint assistants; legal counsel.

A. The Insurance Commissioner may appoint such deputies, assistants, examiners, actuaries, attorneys, clerks and employees, at compensation to be fixed by the Insurance Commissioner, as may be necessary properly to discharge the duties imposed upon the Insurance Commissioner under this Code. The Insurance Commissioner shall appoint all examiners for the office. The attorneys appointed by the Insurance Commissioner shall be the legal advisors for the office of Insurance Commissioner and are authorized to appear for and represent the Insurance Commissioner in any and all litigation that may arise in the discharge of his or her duties except as otherwise provided elsewhere in this Code. Provided, the Insurance Commissioner, whenever the Insurance Commissioner deems it necessary, may call upon the Attorney General of the State of Oklahoma for legal counsel, and such assistance as may be required to enforce provisions of this Code.
B. No deputy, assistant or employee of the Commissioner shall be financially interested, directly or indirectly, in any insurer, agency or insurance transaction except as a policyholder or claimant under a policy; except, that as to such matters wherein a conflict of interests does not exist on the part of any such individual, the Commissioner may employ from time to time insurance actuaries or other technicians who are independently practicing their professions even though similarly employed by insurers and others. This section shall not be deemed to prohibit employment by the Commissioner of retired or pensioned personnel of insurers or insurance organizations.
Added by Laws 1957, p. 218, § 305. Amended by Laws 2017, c. 287, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 36. Insurance › §36-305.1. Delinquency proceedings; appointment of personnel; exemptions.

In any proceeding commenced against an insurer pursuant to Article 18 or 19 of Title 36 of the Oklahoma Statutes for the purpose of liquidating, rehabilitating, reorganizing or conserving such insurer:
1. No former employee of the Insurance Department shall be employed or appointed to serve in any capacity by the court to assist the Insurance Department for a period of one (1) year following such employee's former employment;
2. No former member of the State Legislature shall be employed to assist the Insurance Department for a period of two (2) years following the expiration of such member's service in office; and
3. If any former officer or employee of any other company has been employed to assist the Insurance Department with the said proceeding against the insurer, such other company may not purchase the assets of or acquire any other interest in said insurer for a period of one (1) year following the expiration or termination of such officer's or employee's term of office or employment.
Amended by Laws 1987, c. 210, § 3, eff. July 1, 1987.
2023 Oklahoma Statutes › Title 36. Insurance › §36-306. Records - Disclosure.

A. The records, books, and papers pertaining to the official transactions, filings, examinations, investigations, and proceedings of the Insurance Department shall be maintained by the Department until disposition thereof has been approved by the Archives and Records Commission. These records, books, and papers shall be public records of the state. However, reports of examinations of insurers shall be filed and made public only as provided in Section 309.4 of this title. Open and ongoing investigative and disciplinary files shall not be made public until their completion or unless they are ordered to be made public by the proper judicial official. Files of the claims division of the office of the Commissioner, including but not limited to complaints and requests for assistance from insureds, and insurance agency and company records, shall not be public records and shall not be disclosed except in connection with disciplinary proceedings by the Commissioner. Final market conduct orders shall be open public records.
B. Any document or other information generated by the Insurance Department or received by the Insurance Department from a governmental agency or any other public body of any kind, including an insurance guaranty fund or risk pool board, that has a protection from disclosure under any statute or evidentiary privilege from disclosure, while in the possession of the body that generated or received the information, shall retain its confidential character while in the possession of the Insurance Department. The Insurance Department may require that any agency or public body providing a document or other information, if it expects the information to be treated confidentially by the Insurance Department, to also provide simultaneously an express reference to the claimed protection from disclosure.
C. A court shall quash any subpoena commanding the disclosure of confidential information or closed records of the Insurance Department absent a showing of justification for the disclosure.
Added by Laws 1957, p. 219, § 306, operative July 1, 1957. Amended by Laws 1980, c. 322, § 3, eff. Jan. 1, 1981; Laws 1983, c. 68, § 3, eff. Nov. 1, 1983; Laws 1985, c. 328, § 1, emerg. eff. July 29, 1985; Laws 1997, c. 418, § 5, eff. Nov. 1, 1997; Laws 2010, c. 222, § 2, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 36. Insurance › §36-307. Duties of Insurance Commissioner.

The Insurance Commissioner shall be charged with the duty of administration and enforcement of the provisions of the Oklahoma Insurance Code, of any requirements placed on an insurance company pursuant to the Oklahoma Statutes and determining the duties assigned to the Patient's Right to Pharmacy Choice Commission. The Commissioner shall have jurisdiction over complaints against all persons engaged in the business of insurance, and shall hear all matters either in person, by authorized disinterested employees or by hearing examiners appointed by the Commissioner for that purpose and not specifically addressed otherwise in this act. It shall be the duty of the Commissioner to file and safely keep all books and papers required by law to be filed with the Insurance Department, and to keep and preserve in permanent form a full record of proceedings including a concise statement of the conditions of such insurers and other entities reported and examined by the Department and its examiners. The Commissioner shall, annually, at the earliest practicable date after returns are received from the several authorized insurers and other organizations, make a report to the Governor of the affairs of the office of the Commissioner, which report shall contain a tabular statement and synopsis of the several statements, as accepted by the Commissioner, which shall include with respect to each insurance company the admitted assets, liabilities except capital, capital and surplus, Oklahoma premium income, amount of claims paid in Oklahoma and such other matters as may be of benefit to the public. The Commissioner shall, on a quarterly basis, report to the Pharmacy Choice Commission an accounting of matters relating to pharmacy benefits managers including, but not limited to, the number and types of complaints:
1. Received;
2. Resolved by hearing;
3. Resolved by settlement;
4. Determined not to be violations; and
5. That are outstanding.
The Commissioner may educate consumers and make recommendations regarding the subject of insurance in this state, and shall set forth in a statement the various sums received and disbursed by the Department, from and to whom and for what purpose. Such report shall be published by and subject to the order of the Commissioner. The Commissioner shall, upon retiring from office, deliver to the qualified successor all furniture, records, papers and property of the office.
Added by Laws 1957, p. 219, § 307, operative July 1, 1957. Amended by Laws 1965, c. 60, § 3, eff. July 1, 1965; Laws 1972, c. 162, § 1, emerg. eff. April 7, 1972; Laws 1980, c. 322, § 4, eff. Jan. 1, 1981; Laws 1986, c. 207, § 77, operative July 1, 1986; Laws 1987, c. 210, § 4, eff. July 1, 1987; Laws 1997, c. 418, § 6, eff. Nov. 1, 1997; Laws 2005, c. 355, § 3, eff. Nov. 1, 2005; Laws 2006, c. 264, § 4, eff. July 1, 2006; Laws 2017, c. 362, § 1; Laws 2021, c. 472, § 3, emerg. eff. May 11, 2021.
2023 Oklahoma Statutes › Title 36. Insurance › §36-307.2. Nonpublic personal information.

A. No person shall disclose any nonpublic personal information contrary to the provisions of Title V of the Gramm-Leach-Bliley Act of 1999, Public Law No. 106-102.
B. The Insurance Commissioner may promulgate rules necessary to carry out the provisions of this section.
C. Nothing in this section shall be construed to create a private cause of action.
Added by Laws 2001, c. 363, § 1, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 36. Insurance › §36-307.3. State Insurance Commissioner Revolving Fund.

A. Effective July 1, 2009, there is hereby created in the State Treasury a revolving fund for the Insurance Commissioner called the State Insurance Commissioner Revolving Fund. The revolving fund shall be used to fund the operations of the Office of the Insurance Commissioner.
1. Notwithstanding any other law to the contrary, the revolving fund shall consist of and consolidate all funds that are or have been paid or collected by the Insurance Commissioner pursuant to the laws of this state and the rules of the Insurance Department except that the revolving fund shall not include:
a.
premium taxes,
b.
monies transferred to the Attorney General's Insurance Fraud Unit Revolving Fund pursuant to Section 362 of this title,
c.
funds paid to and collected pursuant to the Oklahoma Certified Real Estate Appraisers Act, Sections 858-700 through 858-732 of Title 59 of the Oklahoma Statutes,
d.
health carrier access payments paid to and collected by the Insurance Commissioner and deposited into the Health Carrier Access Payment Revolving Fund,
e.
recoveries obtained as a result of insurance-related crimes, and other fines, late fees, and penalties assessed and collected, and
f.
monies collected for or received from the Workers' Compensation Commission.
2. The revolving fund shall be a continuing fund, not subject to fiscal year limitations. Expenditures from the revolving fund shall be made pursuant to the laws of this state and the statutes relating to the Insurance Department. Warrants for expenditures from the revolving fund shall be drawn by the State Treasurer, based on claims signed by an authorized employee or employees of the Insurance Department and filed with the Director of the Office of Management and Enterprise Services.
B. All funds collected by the Insurance Commissioner shall be paid into the State Treasury weekly.
C. After the effective date of this act, the State Treasury is authorized and directed to deduct from the funds paid or collected by the Insurance Commissioner a sum equal to seventy-six and one- half percent (76.5%) of the payment and place the same to the credit of the General Revenue Fund of the state. The State Treasurer shall place to the credit of the State Insurance Commissioner Revolving Fund the remainder of the funds so paid and collected by the Insurance Commissioner.
Added by Laws 2009, c. 432, § 1, eff. July 1, 2009. Amended by Laws 2010, c. 222, § 3, eff. Nov. 1, 2010; Laws 2010, c. 300, § 5; Laws 2011, c. 360, § 1; Laws 2012, c. 304, § 122; Laws 2014, c. 183, § 1, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 36. Insurance › §36-307.4. Use of grant - Audited annually.

A. The Insurance Commissioner may solicit, accept and authorize the use of any grant made to the Insurance Department as long as the terms of the grant are carried out and the Insurance Commissioner holds the funds in trust for the purposes of carrying out the terms of the grant.
B. The Insurance Commissioner must annually account to the State Auditor and Inspector for all monies or property received or extended by virtue of this section. The account shall state:
1. The source of the monies or property received with the actual date of its receipt;
2. The particular use or place for which it was expended; and
3. The balance on hand showing the place of deposit of the unexpended balance.
Added by Laws 2009, c. 294, § 10, eff. July 1, 2009.
2023 Oklahoma Statutes › Title 36. Insurance › §36-307.5. Insurance Department Anti-Fraud Revolving Fund.

A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Insurance Department, to be designated the "Insurance Department Anti-Fraud Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitation, and shall consist of any monies designated to the fund as provided in subsections B and C of this section. Warrants for expenditures from the revolving fund shall be drawn by the State Treasurer, based on claims signed by an authorized employee or employees of the Insurance Department and filed with the Director of the Office of Management and Enterprise Services. The fund shall be used for the purpose of administering investigations of abuse, negligence or criminal conduct regarding insurance laws or regulations.
B. The Department shall deposit all of the monies obtained as a result of insurance-related crimes, and other fines, late fees, and penalties assessed and collected into the Insurance Department Anti-Fraud Revolving Fund.
C. Each year, the Department shall transfer to the General Revenue Fund the first Four Hundred Eighty-two Thousand Five Hundred Dollars ($482,500.00) collected by the Department and deposited in the Insurance Department Anti-Fraud Revolving Fund. The next Five Hundred Thousand Dollars ($500,000.00) collected by the Department each year shall be divided evenly between the Department and the Oklahoma Attorney General. All collections to be submitted to the Attorney General shall be deposited in the Attorney General's Insurance Fraud Unit Revolving Fund. Any collections above Nine Hundred Eighty-two Thousand Five Hundred Dollars ($982,500.00) shall be deposited each year into the Insurance Department Anti-Fraud Revolving Fund and shall be retained for use by the Department for the purposes of administering investigations of abuse, negligence or criminal conduct regarding insurance laws or regulations.
Added by Laws 2011, c. 360, § 2. Amended by Laws 2012, c. 304, § 123.
2023 Oklahoma Statutes › Title 36. Insurance › §36-307.6. Insurance Department Pharmacy Benefits Manager Revolving Fund.

A. There is hereby created in the State Treasury a revolving fund for the Insurance Department, to be designated the "Insurance Department Pharmacy Benefits Manager Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitation, and shall consist of any monies deposited to the fund as provided in subsection B of this section. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department for the purpose of licensing, regulating and investigating abuse, negligence, criminal conduct, or other violations of insurance laws and regulations, and ensuring compliance with the same. Warrants for expenditures from the revolving fund shall be drawn by the State Treasurer, based on claims signed by an authorized employee or employees of the Insurance Department, and filed with the Director of the Office of Management and Enterprise Services.
B. The Department shall deposit all the monies obtained from the licensure and regulation of pharmacy benefits managers including, but not limited to, any fees, fines, settlement or consent order proceeds, or other penalties assessed and collected into the Insurance Department Pharmacy Benefits Manager Revolving Fund created in subsection A of this act.
Added by Laws 2022, c. 6, § 1, emerg. eff. March 14, 2022. Amended by Laws 2022, c. 67, § 1, emerg. eff. April 25, 2022.
2023 Oklahoma Statutes › Title 36. Insurance › §36-309.1. Examinations - Definitions.

As used in Sections 309.1 through 309.7 of this title:
1. "Commissioner" means the Insurance Commissioner;
2. "Company" means any person engaging in or proposing or attempting to engage in any transaction or kind of insurance or surety business and any person or group of persons who may otherwise be subject to the administrative or regulatory authority of the Commissioner;
3. "Department" means the Insurance Department;
4. "Examiner" means any individual or firm having been authorized by the Commissioner to conduct an examination;
5. "Insurer" means every person engaged in the business of making contracts of insurance or indemnity including not-for-profit hospital service and medical indemnity corporations; and
6. "Person" means any individual, aggregation of individuals, trust, association, recognized legal entity, or any affiliate thereof.
Added by Laws 1991, c. 204, § 1, eff. Sept. 1, 1991. Amended by Laws 1997, c. 418, § 7, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 36. Insurance › §36-309.5. Examiner's conflict of interest.

A. No examiner may be appointed by the Insurance Commissioner if such examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any person subject to examination under Sections 309.1 through 309.7 of this title. This section shall not be construed to automatically preclude an examiner from being:
1. A policyholder or claimant under an insurance policy;
2. A grantor of a mortgage or similar instrument on such examiner's residence to a regulated entity if done under customary terms and in the ordinary course of business;
3. An investment owner in shares of regulated diversified investment companies; or
4. A settlor or beneficiary of a blind trust into which any otherwise impermissible holdings have been placed.
B. Notwithstanding the requirements of this section, the Commissioner may retain from time to time, on an individual basis, qualified actuaries, an accounting firm or individual holding a permit to practice public accounting in this state, or other similar individuals who are independently practicing their professions, even though said persons may from time to time be similarly employed or retained by persons subject to examination under this act. An examiner shall disclose to the Commissioner in writing any prior or existing personal or business relationship with any company to be examined by that examiner.
Added by Laws 1991, c. 204, § 5, eff. Sept. 1, 1991. Amended by Laws 1997, c. 418, § 10, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 36. Insurance › §36-309.6. Payment of charges.

Any insurer or person examined under the provisions of Sections 309.1 through 309.7 of this title shall pay the proper charges incurred in such examination, including the actual expense of the Insurance Commissioner or the expenses and compensation of an authorized representative and the expense and compensation of assistants and examiners employed therein. All expenses incurred in such examination shall be verified by affidavit and a copy shall be filed in the office of the Commissioner.
Added by Laws 1991, c. 204, § 6, eff. Sept. 1, 1991. Amended by Laws 1997, c. 418, § 11, eff. Nov. 1, 1997.