reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 18. Corporations › §18-2049. Foreign limited liability company - Acts not constituting transacting business in state.

foreign limited liability company – acts not
constituting transacting business in state
A. The following activities of a foreign limited liability company, among others, do not constitute transacting business within the meaning of this act:
1. Maintaining, defending, or settling any proceeding;
2. Holding meetings of its members or carrying on any other activities concerning its internal affairs;
3. Maintaining bank accounts;
4. Maintaining offices or agencies for the transfer, exchange and registration of the foreign limited liability company’s own securities or maintaining trustees or depositaries with respect to those securities;
5. Selling through independent contractors;
6. Soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this state before they become contracts;
7. Creating or acquiring indebtedness, mortgages and security interests in real or personal property;
8. Securing or collecting debts or enforcing mortgages and security interest in property securing the debts, including the holding, protecting, renting, maintaining and operating real or personal property in this state so acquired;
9. Transacting business wholly in interstate commerce;
10. Selling or transferring title to property in this state to any person;
11. Conducting an isolated transaction that is completed within thirty (30) days and that is not one in the course of repeated transactions of a like nature; or
12. Investing in or acquiring royalties or other non-operating mineral or leasehold interests and the execution of division orders, contracts for sale, leases and other instruments incidental to the ownership of the nonoperating interests.
B. For the purposes of this section, any foreign limited liability company which owns income-producing real or tangible personal property in this state, other than property exempted by subsection A of this section, will be considered transacting business in this state.
C. A person shall not be deemed to be doing business in this state solely by reason of being a member or manager of a domestic limited liability company or a foreign limited liability company.
D. This section does not apply in determining the contracts or activities that may subject a foreign limited liability company to service of process or taxation in this state or to regulation under any other law of this state.
Added by Laws 1992, c. 148, § 50, eff. Sept. 1, 1992. Amended by Laws 2001, c. 405, § 34, eff. Nov. 1, 2001; Laws 2004, c. 255, § 50, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2051. Action to recover judgment - Conditions.

A member may bring an action in the right of the limited liability company to recover a judgment in its favor if all of the following conditions are met:
1. Either:
a.
management of the limited liability company is vested in a manager or managers who have the sole authority to cause the limited liability company to sue in its own right, or
b.
management of the limited liability company is reserved to the members but the plaintiff does not have the authority to cause the limited liability company to sue in its own right under the provisions of an operating agreement; and
2. The plaintiff has made demand on those managers or those members with such authority requesting that such managers or such members cause the limited liability company to sue in its own right; and
3. The members or managers with such authority have wrongfully refused in the exercise of their business judgment to bring the action or, after adequate time to consider the demand, have failed to respond to such demand; and
4. The plaintiff:
a.
is a member of the limited liability company at the time of bringing the action, and
b.
was a member of the limited liability company at the time of the transaction of which he complains, or his status as a member of the limited liability company thereafter developed upon him pursuant to the terms of the operating agreement from a person who was a member at such time; and
5. The plaintiff fairly and adequately represents the interests of the members in enforcing the rights of the limited liability company.
Added by Laws 1992, c. 148, § 52, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2052. Derivative action - Complaint.

In a derivative action, the complaint shall set forth with particularity the effort of the plaintiff to secure initiation of the action by the managers or the members who would otherwise have the authority to cause the limited liability company to sue in its own right.
Added by Laws 1992, c. 148, § 53, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2053. Derivative action - Expenses - Disposition of proceeds.

A. If a derivative action is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise or settlement of an action or claim, the court may award the plaintiff reasonable expenses, including reasonable attorneys' fees, and shall direct him to remit to the limited liability company the remainder of those proceeds received by him.
B. In any action hereafter instituted in the right of any domestic or foreign limited liability company by a member or members thereof, the court having jurisdiction, upon final judgment and a finding that the action was brought without reasonable cause, may require the plaintiff or plaintiffs to pay to the parties named as defendants the reasonable expenses, including attorneys' fees, incurred by them in the defense of such action.
Added by Laws 1992, c. 148, § 54, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2054.3. Appraisal rights.

An operating agreement or other agreement may provide that contractual appraisal rights with respect to a membership interest or another interest in a limited liability company shall be available for any class or group of members or membership interests in connection with any amendment of an operating agreement, any merger or consolidation to which the limited liability company is a constituent party, any conversion of the limited liability company to another business entity, any transfer to or domestication in any jurisdiction by the limited liability company, or the sale of all or substantially all of the limited liability company’s assets. The district court shall have jurisdiction to hear and determine any matter relating to any such appraisal rights.
Added by Laws 2004, c. 255, § 54, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2055. Fees.

The Secretary of State shall charge and collect the following fees:
1. For filing the original articles of organization, a fee of One Hundred Dollars ($100.00);
2. For filing amended, corrected or restated articles of organization, a fee of Fifty Dollars ($50.00);
3. For filing articles of merger or consolidation and issuing a certificate of merger or consolidation or filing articles of conversion, a fee of One Hundred Dollars ($100.00);
4. For filing articles of dissolution and issuing a certificate of cancellation, a fee of Fifty Dollars ($50.00);
5. For filing a certificate of correction of statements in an application for registration of a foreign limited liability company, a fee of One Hundred Dollars ($100.00);
6. For issuing a certificate for any purpose whatsoever, a fee of Ten Dollars ($10.00);
7. For filing an application for reservation of a name, or for filing a notice of the transfer or cancellation of any name reservation, a fee of Ten Dollars ($10.00);
8. For filing a statement of change of address of the principal office or change of resident agent, or both, a fee of Twenty-five Dollars ($25.00);
9. For filing a change of address for an individual, corporation, limited liability company or limited partnership designated by a limited liability company as its registered agent for service of process, for change of name of registered agent or for the resignation of a registered agent, a fee of Twenty-five Dollars ($25.00) for the first forty corporations and Five Dollars ($5.00) for each additional corporation within any bulk filing;
10. For filing an application for registration as a foreign limited liability company, a fee of Three Hundred Dollars ($300.00);
11. For filing an application of withdrawal as provided in Section 2047 of this title, a fee of One Hundred Dollars ($100.00);
12. For any service of notice, demand, or process upon the Secretary of State as resident agent of a limited liability company, a fee of Twenty-five Dollars ($25.00), which amount may be recovered as taxable costs by the party to be sued, action, or proceeding causing such service to be made if such party prevails therein; and
13. For acting as the registered agent, a fee of Forty Dollars ($40.00) shall be paid on July 1 each year to the Office of the Secretary of State.
All fees shall be properly accounted for and shall be paid into the State Treasury monthly. All fees received by the Secretary of State pursuant to the provisions of this section shall be paid to the credit of the Revolving Fund for the Office of the Secretary of State created pursuant to Section 276.1 of Title 62 of the Oklahoma Statutes.
Added by Laws 1992, c. 148, § 56, eff. Sept. 1, 1992. Amended by Laws 1993, c. 366, § 25, eff. Sept. 1, 1993; Laws 1994, c. 382, § 19, eff. Sept. 1, 1994; Laws 2001, c. 406, § 13, emerg. eff. June 4, 2001; Laws 2002, c. 22, § 3, emerg. eff. March 8, 2002; Laws 2009, c. 447, § 4, eff. Jan. 1, 2010.
NOTE: Laws 2001, c. 405, § 37 repealed by Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2055.1. Failure to pay registered agent fees.

FAILURE TO PAY REGISTERED AGENT FEES
A domestic or foreign limited liability company for which the Secretary of State acts as the registered agent that fails to pay the registered agent fee by the due date as provided in paragraph 12 of Section 2055 of this title shall be subject to the provisions of Sections 29 and 39 of this act.
Added by Laws 1996, c. 69, § 15, eff. Nov. 1, 1996. Amended by Laws 2001, c. 405, § 38, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2056. Action to compel execution or filing of articles or other documents.

Any person who is adversely affected by the failure or refusal of any person to execute and file any articles or other document to be filed under this act may petition the district court in the county where the registered office of the limited liability company is located or, if no such address is on file with the Secretary of State, in Oklahoma County, to direct the execution and filing of the articles or other document. If the court finds that it is proper for the articles or other document to be executed and filed and that there has been failure or refusal to execute and file such document, it shall order the Secretary of State to file the appropriate articles or other document.
Added by Laws 1992, c. 148, § 57, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2058. Rules of construction of act.

RULES OF CONSTRUCTION OF ACT
A. The rules that statutes in derogation of the common law are to be strictly construed shall have no application to the Oklahoma General Corporation Act.
B. The law of estoppel shall apply to this act.
C. The law of agency shall apply under this act.
D. It is the policy of this act to give the maximum effect to the principle of freedom of contract and to the enforceability of operating agreements.
E. This act shall not be construed so as to impair the obligations of any contract existing when the act goes into effect, nor to affect any action or proceedings begun or right accrued before this act takes effect.
Added by Laws 1992, c. 148, § 59, eff. Sept. 1, 1992. Amended by Laws 2001, c. 405, § 40, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2060. Cases not provided for in act.

CASES NOT PROVIDED FOR IN ACT
In any case not provided for in the Oklahoma Limited Liability Company Act, the rules of law and equity, including the rules of law and equity relating to fiduciary duties and the law merchant, shall govern.
Added by Laws 1992, c. 148, § 61, eff. Sept. 1, 1992. Amended by Laws 2017, c. 323, § 57, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2061. Public benefit limited liability companies.

PUBLIC BENEFIT LIMITED LIABILITY COMPANIES.
A. Sections 23 through 29 of this act shall be known and may be cited as the “Oklahoma Public Benefit Limited Liability Company Act” and within such sections as this act.
B. A “public benefit limited liability company” is a for-profit limited liability company formed under and subject to the requirements of the Oklahoma Limited Liability Company Act including a professional limited liability company, that is intended to produce a public benefit or public benefits and to operate in a responsible and sustainable manner as provided under this act. A public benefit limited liability company is formed by filing articles of organization as required under the Oklahoma Limited Liability Company Act and further by stating in the heading of its articles of organization that it is a public benefit limited liability company and by setting forth one or more public benefits to be promoted by the limited liability company in its articles of organization. The operating agreement of a public benefit limited liability company may not contain any provision inconsistent with this act.
C. “Public benefit” means a positive effect, or reduction of negative effects, on one or more categories of persons, entities, communities or interests, other than members in their capacities as members including effects of an artistic, charitable, cultural, economic, educational, environmental, literary, medical, religious, scientific or technological nature. “Public benefit provisions” means the provisions of the articles of organization or an operating agreement contemplated by this act.
Added by Laws 2021, c. 51, § 23, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2062. Certain amendments and mergers; Votes required.

CERTAIN AMENDMENTS AND MERGERS; VOTES REQUIRED.
A. Upon the approval of members or other holders who own at least two-thirds (2/3) of the then outstanding equity interests entitled to vote:
1. An existing domestic limited liability company including a professional limited liability company, may become a public benefit limited liability company by amending its articles of organization to conform to the public benefit provisions of subsection B of Section 20 of this act; or
2. A domestic entity that is not a public benefit limited liability company may become a public benefit limited liability company through a merger, consolidation, exchange or conversion in which the surviving or resulting entity is a public benefit limited liability company whose articles of organization conform to the public benefit provisions of subsection B of Section 23 of this act.
B. "Domestic entity" is a limited liability company, corporation, partnership whether general or limited, and including a limited liability partnership and a limited liability limited partnership, an entity subject to the Professional Entity Act, or any unincorporated nonprofit or for-profit association, trust or enterprise having members or having outstanding shares of stock or other evidences of financial, beneficial or membership interest therein, whether formed by agreement or under statutory authority or otherwise, formed under the laws of this jurisdiction.
C. A public benefit limited liability company may not, without the approval of members who own at least two-thirds (2/3) of the then outstanding membership interests of the limited liability company entitled to vote:
1. Amend its articles of organization to delete, add or amend a provision required by subsection B of Section 23 of this act;
2. Merge or consolidate with or exchange or convert into another entity if, as a result of such merger, consolidation, exchange or conversion, the membership interests in such limited liability company would become, or be converted into or exchanged for the right to receive, membership interests or other equity interests in a domestic or foreign limited liability company or other entity that is not a public benefit limited liability company or similar entity, the articles of organization or operating agreement, or similar governing document, of which does not contain provisions identifying a public benefit or public benefits comparable in all material respects to those set forth in the articles of organization of such limited liability company as contemplated by subsection B of Section 23 of this act; or
3. Cease to be a public benefit limited liability company under the provisions of this act.
Added by Laws 2021, c. 51, § 24, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2063. Duties of members or managers.

DUTIES OF MEMBERS OR MANAGERS.
A. The members or managers or other persons with authority to manage or direct the business and affairs of a public benefit limited liability company shall manage or direct the business and affairs of the public benefit limited liability company in a manner that balances the pecuniary interests of the members, the best interests of those materially affected by the limited liability company's conduct, and the specific public benefit or public benefits set forth in its articles of organization. Unless otherwise provided in an operating agreement, no member, manager or other person with authority to manage or direct the business and affairs of the public benefit limited liability company shall have any liability for monetary damages for the failure to manage or direct the business and affairs of the public benefit limited liability company as provided in this subsection.
B. A member or manager of a public benefit limited liability company or any other person with authority to manage or direct the business and affairs of the public benefit limited liability company shall not, by virtue of the public benefit provisions or subsection B of Section 23 of this act, have any duty to any person on account of any interest of such person in the public benefit or public benefits set forth in its articles of organization or operating agreement or on account of any interest materially affected by the limited liability company's conduct and, with respect to a decision implicating the balance requirement in subsection A of this section, will be deemed to satisfy such person's fiduciary duties to members and the limited liability company if such person's decision is both informed and disinterested and not such that no person of ordinary, sound judgment would approve.
Added by Laws 2021, c. 51, § 25, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2064. Periodic statements and third-party certification.

PERIODIC STATEMENTS AND THIRD-PARTY CERTIFICATION.
A public benefit limited liability company shall no less than biennially provide its members with a statement as to the limited liability company's promotion of the public benefit or public benefits set forth in its articles of organization and as to the best interests of those materially affected by the limited liability company's conduct. The statement shall include:
1. The objectives that have been established to promote such public benefit or public benefits and interests;
2. The standards that have been adopted to measure the limited liability company's progress in promoting such public benefit or public benefits and interests;
3. Objective factual information based on those standards regarding the limited liability company's success in meeting the objectives for promoting such public benefit or public benefits and interests; and
4. An assessment of the limited liability company's success in meeting the objectives and promoting such public benefit or public benefits and interests.
Added by Laws 2021, c. 51, § 26, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2065. Derivative suits.

DERIVATIVE SUITS.
Members of a public benefit limited liability company or assignees of membership interests in a public benefit limited liability company owning individually or collectively, as of the date of instituting such derivative suit, at least two percent (2%) of the then-current membership interests of the limited liability company may maintain a derivative lawsuit to enforce the requirements set forth in subsection A of Section 25 of this act.
Added by Laws 2021, c. 51, § 27, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2067. Accomplishment by other means.

ACCOMPLISHMENT BY OTHER MEANS.
The provisions of this act shall not be construed to limit the accomplishment by any other means permitted by law of the formation or operation of a limited liability company that is formed or operated for a public benefit including a limited liability company that is designated as a public benefit limited liability company, that is not a public benefit limited liability company.
Added by Laws 2021, c. 51, § 29, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2069. Definitions.

As used in this act:
1. "Covered entity" means any hospital, as defined in Section 1-701 of Title 63 of the Oklahoma Statutes, whether for-profit or not-for-profit, which is owned, either in whole in or part, or is managed in whole or in part, by hospitals whose business is subject to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191;
2. "Data breach" means the unauthorized access and acquisition of unencrypted and unredacted computerized data that compromises the security or confidentiality of personal information or restricted information maintained by a covered entity as part of a database of personal information or restricted information regarding multiple individuals and that causes, or the covered entity reasonably believes has caused or will cause, identity theft or other fraud to any resident of this state. Good-faith acquisition of personal information or restricted information by an employee or agent of a covered entity for the purposes of the covered entity is not a breach of the security system; provided, that the personal information or restricted information, as the case may be, is not used for a purpose other than a lawful purpose of the covered entity or subject to further unauthorized disclosure;
3. "Personal information" means the first name or first initial and last name in combination with and linked to any one or more of the following data elements that relate to a resident of this state, when the data elements are neither encrypted nor redacted:
a.
Social Security number,
b.
driver license number or state identification number issued in lieu of a driver license, or
c.
financial account number, or credit or debit card number, in combination with any required security code, access code, or password that would permit access to the financial accounts of an individual.
The term does not include information that is lawfully obtained from publicly available information, or from federal, state, or local government records lawfully made available to the public;
4. "Restricted information" means any information about an individual, other than personal information, that, alone or in combination with other information, including personal information, can be used to distinguish or trace the individual's identity or that is linked or linkable to an individual, if the information is not encrypted, redacted, or altered by any method or technology in such a manner that the information is unreadable, and the breach of which is likely to result in a material risk of identity theft or other fraud to person or property; and
5. "Encrypted" and "redacted" shall have the same meanings as in Section 162 of Title 24 of the Oklahoma Statutes.
Added by Laws 2023, c. 84, § 2, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2070. Affirmative defense — Conditions.

A. The requirements of this section are voluntary; provided, a covered entity may only seek an affirmative defense under this act if the following conditions are met:
1. A covered entity seeking an affirmative defense under this act shall create, maintain, and comply, including documentation of such compliance, with a written cybersecurity program that contains administrative, technical, and physical safeguards for the protection of both personal information and restricted information and that reasonably conforms to an industry-recognized cybersecurity framework, as described in this section;
2. A covered entity's cybersecurity program shall be designed to do all of the following with respect to the information described in paragraph 1 of this subsection, as applicable:
a.
protect the security and confidentiality of the information,
b.
protect against any anticipated threats or hazards to the security or integrity of the information, and
c.
protect against unauthorized access to and acquisition of the information that is likely to result in a material risk of identity theft or other fraud to the individual to whom the information relates;
3. The scale and scope of a covered entity's cybersecurity program under this subsection is appropriate if it is based on all of the following factors:
a.
the size and complexity of the covered entity,
b.
the nature and scope of the activities of the covered entity,
c.
the sensitivity of the information to be protected,
d.
the cost and availability of tools to improve information security and reduce vulnerabilities, and
e.
the resources available to the covered entity; and
4. The cybersecurity program shall contain requirements that it be reviewed, evaluated, and updated on at least an annual basis and shall require documentation of the same.
B. A covered entity that satisfies paragraphs 1 through 4 of subsection A of this section is entitled to an affirmative defense to any cause of action sounding in tort that is brought alleging that the failure to implement reasonable information security controls resulted in a data breach concerning personal information or restricted information.
Added by Laws 2023, c. 84, § 3, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2071. Industry-recognized cybersecurity framework.

A covered entity's cybersecurity program, as described in Section 3 of this act, reasonably conforms to an industry-recognized cybersecurity framework for purposes of that section if this section is satisfied:
1. The covered entity is subject to the requirements of the laws or regulations listed below, and the cybersecurity program reasonably conforms to the entirety of the current version of both of the following, subject to paragraph 2 of this section:
a.
the security requirements of the Health Insurance Portability and Accountability Act of 1996, as set forth in 45 CFR Part 164 Subpart C, and
b.
the Health Information Technology for Economic and Clinical Health Act, as set forth in 45 CFR Part 162; and
2. When a framework listed in paragraph 1 of this section is amended, a covered entity whose cybersecurity program reasonably conforms to that framework shall reasonably conform to the amended framework not later than one (1) year after the effective date of the amended framework.
Added by Laws 2023, c. 84, § 4, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 18. Corporations › §18-2072. Severability.

If any provision of this act or the application thereof to a covered entity is for any reason held to be invalid, the remainder of the provisions under those sections and the application of such provisions to other covered entities shall not be thereby affected.
Added by Laws 2023, c. 84, § 5, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-1. Powers in general.

Each organized county within the state shall be a body corporate and politic and as such shall be empowered for the following purposes:
1. To sue and be sued;
2. To purchase and hold real and personal estate for the use of the county, and lands sold for taxes as provided by law;
3. To sell and convey any real or personal estate owned by the county, and make such order respecting the same as may be deemed conducive to the interests of the inhabitants;
4. To execute leases of real property owned by the county to nonprofit corporations organized for the general purpose of historical preservation;
5. To make all contracts and do all other acts in relation to the property and concerns of the county necessary to the exercise of corporate or administrative power; and
6. To exercise such other and further powers as may be especially provided for by law.
R.L. 1910, § 1497. Amended by Laws 1986, c. 135, § 1, emerg. eff. April 17, 1986.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-3. Powers of county exercised by board of commissioners - Contracts while not acting as a board.

The powers of a county as a body politic and corporate shall be exercised by its board of county commissioners.
It is hereby declared to be contrary to law, and against public policy, for any individual county commissioner, or commissioners, when not acting as a board, to enter into any contract, or to attempt to enter into any contract, as to any of the following matters:
(a) Any purchase of equipment, machinery, supplies or materials of any kind for any county or any commissioner's district, or districts, thereof;
(b) Any contract or agreement relating to or for the leasing or rental of any equipment, machinery, supplies or materials for any county or any commissioner's district, or districts, thereof;
(c) To do or transact any business relating to such county, or any commissioner's district, or districts thereof, or to make any contract or agreement of any kind relating to the business of such county, or any commissioner's district, or districts thereof;
And none of such acts or attempted contracts as above set forth, done or attempted to be done, by an individual county commissioner or commissioners, when not acting as a board, shall ever be subject to ratification by the board of county commissioners, but shall be illegal, unlawful and wholly void.
Provided that nothing herein shall be construed as prohibiting or preventing the chairman of the board of county commissioners from performing such duty or duties as he may be required by law to perform as chairman of such board, but only after the board, by a majority vote thereof, shall have authorized and directed such performance by said chairman.
R.L. 1910, § 1499. Amended by Laws 1955, p. 153, § 1.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-4. County to sue or be sued in name of board.

In all suits or proceedings by or against a county, the name in which a county shall sue or be sued shall be, "Board of County Commissioners of the County of _____," but this provision shall not prevent county officers, where authorized by law, from suing in their official name for the benefit of the county. Suit may be brought against a county by naming a county officer identified in Section 161 of this title when it is alleged that such officer in his or her official capacity is directly or vicariously liable to plaintiff in an action not arising out of contract. Otherwise, suit may be brought against a county by naming the Board of County Commissioners of the County of _____; in actions against the Board not arising out of contract, upon motion, the Court may substitute a county officer identified in Section 161 of this title in his or her official capacity for the Board upon a showing that such county officer is better suited to represent and defend the county under the particular facts of the case.
R.L. 1910, § 1500. Amended by Laws 2019, c. 171, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-5. Process - How served.

In all legal proceedings against the county, process shall be served on the county clerk as the clerk of the board of county commissioners, and whenever suit or proceedings shall be commenced, it shall be the duty of the clerk, forthwith to notify the district attorney and lay before the board of county commissioners at their next meeting, all the information he may have in regard to such suit or proceedings.
R.L. 1910, § 1501.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-6. Payment of judgment against county.

When a judgment shall be rendered against the board of commissioners of any county, or against any county officer in any action prosecuted by or against him in his official name, where the same should be paid by the county, no execution shall issue upon the said judgment, but a tax sufficient to pay same shall be levied and collected in like manner as other county taxes, and when collected shall be paid by the county treasurer on the delivery of a proper receipt and the signing of an acknowledgment on the court record of said judgment, by the party in whose favor the judgment was rendered, or by his attorney of record, that same has been satisfied.
R.L. 1910, § 1502.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-7. County Government Council.

The board of county commissioners of each county is hereby authorized to enter into interlocal agreements to participate in the County Government Council. The Association of County Commissioners of Oklahoma, Inc., may be designated the administrator of the County Government Council.
Added by Laws 1980, c. 302, § 4, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-8. Public works contracts.

A. Any public works contract shall provide for partial payment based upon work completed. The contract shall provide that up to ten percent (10%) of all such partial payments made shall be withheld as retainage. At any time the contractor has completed in excess of fifty percent (50%) of the total contract amount, the retainage shall be reduced to not less than five percent (5%) of the amount earned to date if the owner or owner's duly authorized representative has determined that satisfactory progress is being made, and upon approval by the surety. The amount retained shall be sufficient to ensure payment of:
1. Any taxes due the State of Oklahoma;
2. Personal property taxes or any municipal sales taxes due on the contractor's equipment and supplies;
3. Any workers compensation coverage; and
4. Any amount due and owing to any subcontractor who furnished any material or equipment to the contractor or performed any labor as a subcontractor, or as an artisan or day laborer in the employ of the contractor.
B. For purposes of this section a public works contract means a contract between a county of this state and a contractor for the construction, alteration, repair, improvement, moving, wrecking or demolition of any highway, road, railroad, earthwork, building or other structure, project, development or improvement, whether it be in whole or in part. The provisions of this section shall not apply to railroad companies operating in this state.
Added by Laws 1994, c. 72, § 1, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-8.2. Authority to adopt or amend county home rule charter.

Any county in this state with a population of less than five hundred fifty thousand (550,000), according to the latest Federal Decennial Census, which contains a metropolitan area with a population of two hundred fifty thousand (250,000) or more, according to the latest Federal Decennial Census, may adopt or amend a County Home Rule Charter for county government which specifies those powers appropriate for said government and which are not inconsistent with the Oklahoma Constitution and laws of this state.
Added by Laws 1992, c. 220, § 2, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-8.5. Charter provision contrary to or inconsistent with sovereignty and public policy.

Nothing contained in this act shall be deemed to authorize the adoption of charter provisions contrary to or inconsistent with the sovereignty and established public policies of this state and no provision having such effect shall be valid.
Added by Laws 1992, c. 220, § 5, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-11. Vote by people - Taxable property - Area - Population.

Before any new counties shall be established, or any county lines in this state shall be altered or changed, such question shall first be submitted to a vote of the qualified electors residing in the territory to be formed into such new county or transferred to another county, and shall be approved by the sixty percent (60%) of the votes cast in each particular territory sought to be taken from an existing county in said election; provided, no new county shall be formed of less than four hundred square miles taxable area, nor with a population of less than fifteen thousand people, nor with taxable wealth less than two and one-half million dollars, as shown by the current tax rolls. Nor shall any territory be taken from an existing county for any purpose bringing the newly created lines of such existing county nearer than ten miles to the county seat thereof. Nor shall the taxable area, population or taxable wealth of said existing county be reduced below that required for a new county. Nor shall any territory, in any case, be transferred from one county to an existing county, if, by such transfer of territory, the county from which the territory to be taken will then be smaller in area than the county to which the addition is made; provided, that when the territory is to be transferred from one existing county to either a new or an existing county, there must be sixty percent (60%) of the vote cast in such particular territory in favor of the transfer, and, in case the transfer to be to an existing county, the acceptance of such territory must first be approved by a majority vote of the electors of said county; provided, that any such election shall be governed by the general election laws, when same are not in conflict herewith.
Added by Laws 1910-11, c. 40, p. 72, § 1.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-12. Petition - Proclamation calling election - Counties excepted.

Upon a petition or petitions in writing, signed by fifty-one percent (51%) of the qualified electors residing in each particular territory sought to be created into a new county, or transferred to another county, such percent to be determined by the total vote cast in said territory for the head of the state ticket in the next preceding election, and it being made to appear that said petitioners are qualified electors of said territory and are fifty-one percent (51%) of each particular territory thereof, and it being made to appear that if a new county is to be formed, that same will consist of not less than five hundred (500) square miles of taxable area and will contain a population of not less than twenty thousand (20,000) people and will have not less than Four Million Dollars ($4,000,000.00) of taxable wealth as shown by the current tax rolls; that if the change or changes sought to be made are for the purpose of creating a new county it will not bring the newly created lines of such existing county or counties from which said territory is taken nearer than twenty (20) miles to the county seat thereof; that if the change or changes sought to be made for the purpose of transferring territory from an existing county or counties to another county, it will not bring the newly created lines in such existing county or counties from which any territory is taken nearer than fifteen (15) miles to the county seat thereof; that the taxable wealth of such existing county or counties will not be reduced below that required for a new county, and if the object sought is to transfer territory from one county to an existing county, it shall be made to appear that the county from which said territory is sought to be taken, will not be less in area than the county to which the addition is made, and such petition and such showing have been filed with and made before the Governor, shall within thirty (30) days issue his proclamation, calling an election to be held in said territory not less than sixty (60) nor more than seventy (70) days from the date of his proclamation. That nothing in this bill shall apply to counties now existing containing eighteen hundred (1,800) square miles in area, which counties shall be governed by the Constitutional limitations.
Added by Laws 1910-11, c. 40, p. 73, § 2. Amended by Laws 1917, c. 120, p. 185, § 1; Laws 1919, c. 213, p. 309, § 1.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-13. Form of petition.

The following shall be substantially the form for every petition, or petitions, filed with the Governor, asking that an election be called for the purpose of creating such new county, or detaching territory from one county, for the purpose of adding same to another; provided, that this section shall not apply to petitions on file with the Governor, upon which an election has been called:
"Petition asking that an election be called for the creation of the proposed county of _____; said proposed county to embrace the following described territory. (Here describe proposed county by metes and bounds)", or, if the election is to be called for detaching territory from an existing county, the heading of petition shall be as follows: "Petition asking that an election be called to detach the following described territory (Here describe territory, proposed to be detached by metes and bounds) from the county of _____, for the purpose of having said described territory added to the county of _____."
State of Oklahoma, )
) ss.
County of ______________)
To the Governor of the State of Oklahoma:
I most respectfully represent that I am ______ years of age; and am now, and have been for ____ years, a resident of such county and state above mentioned; that I am now residing within the precinct, or ward, in which I now propose to vote and have resided thereat for ____ years, and am a duly qualified elector in the precinct wherein I reside; and I do most respectfully petition Your Excellency to call an election for the purpose of creating the proposed county of ______; (or in event territory is to be detached from an existing county, and added to an existing county), to call an election for the purpose of detaching a portion of ______ county and adding same to ______ county; and I have not signed any other petition asking that an election be held under the provisions of this act.
Respectfully submitted
__________________________
Subscribed and sworn to before me this ____ day of ____ A.D.   (year).
__________________________
Notary Public.
My commission expires __________.
Added by Laws 1910-11, c. 40, p. 73, § 3. Amended by Laws 1998, c. 246, § 5, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-14. Form of ballot - Election of officers.

The Governor shall cause to be placed upon the ballots, to be voted at any such election, the metes and bounds of the proposed new county, or the territory sought to be transferred, and if said election is for the purpose of creating a new county, the ballot shall contain the words "Shall said territory be formed into a new county?" followed by
"Yes"
"No"
If such election is for the formation of a new county, there shall also, and at the same time be held an election for the purpose of electing a full quota of county officers, for said proposed county, and there shall be separate ballots prepared for said purpose, containing the names of the various candidates to be voted for at said election, which said ballots, when voted, shall be placed in a separate box. If the change sought to be made is the transfer of territory from one county to an existing county, said ballots shall contain the words, "Shall said territory become a part of ________ county?" (filling in the name of the county, to which said territory is sought to be transferred), followed by the words
"Yes"
"No"
Added by Laws 1910-11, c. 40, p. 75, § 4.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-15. Election supplies - How furnished.

The county election board of any county, holding such special election, shall furnish each voting precinct, or voting place in said county, with three ballot boxes, one of said boxes to be used for the depositing therein of the ballots on the formation of such new county, or the transferring of territory as voted; one box for the purpose of depositing therein the affidavits, as made, of all qualified electors; and one box for the depositing therein of the ballots for county and township officers as voted. All ballots, affidavits, ballot boxes, and other election supplies, shall be furnished by the county election board, as provided by law, for the printing and furnishing of ballots in regular elections.
Added by Laws 1910-11, c. 40, p. 75, § 5.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-16. Election commissioners - Qualifications - Oath.

When any such special election is called, it shall be the duty of the Governor to select and commission one special election commissioner for each voting precinct or voting place in such county so holding such election as provided in this act; provided, that no such special election commissioner shall be, or have been a resident of the county or counties to be affected by such special election, and shall not be interested in any manner in the result thereof. Every such commission shall be in writing and shall be signed by the Governor. Before any such special election commissioner shall assume the duties of his office he shall take and subscribe to the following oath:
Oath.
I, ________ do solemnly swear (or affirm) that I will support, obey and defend the Constitution and laws of the State of Oklahoma and will discharge the duties of my office with fidelity and to the best of my ability; that I am not now and never have been a resident of the proposed county of ________; that I am not now and have never been a resident of the county or counties to be affected by such election; and that I am not now interested in any manner, in any business proposition, or in any institution located in any county to be affected by such election.
__________________________
Subscribed and sworn to before me this _____ day of ______ A. D. 19__.
__________________________
Notary Public.
My commission expires ______.
Added by Laws 1910-11, c. 40, p. 76, § 6.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-17. Duties of commissioners - Substitutes.

In selecting and commissioning said special election commissioners, the Governor shall assign each said commissioner to a particular voting precinct, or voting place in said territory, proposing to hold such special election; and for the purpose of said special election, the said commissioner so selected, shall perform the duties of an inspector of election in such precinct or voting place so assigned, as provided by the general election laws, when not in conflict with the provisions of this act. It shall be the duty of each such special election commissioner to present himself to the county election board, at the office of the clerk of the county wherein said special election is to be held, not later than ten o'clock a. m. of the second day next preceding the date set for the holding of such special election, where he shall receive from said board and receipt therefor, the ballots, ballot boxes, poll books, tally sheets, stamps, pen, ink, pencils, and other material necessary for properly holding such election, and shall safely convey such material, so received, to the precinct, or voting place assigned, so that the polls may be duly and promptly opened on the date set for the holding of said special election. In the event the special election commissioner of any precinct shall fail to present himself to the county election board for such election supplies and to receive the same at the time in this act specified, then it shall be the duty of the county election board to designate and appoint in writing, some qualified elector of the county, to perform all of the duties of said special election commissioner of such precinct at said election.
Added by Laws 1910-11, c. 40, p. 76, § 7.