Title 75. Statutes and Reports
§75-1. Repealed by Laws 1961, p. 609, § 1.
§75-2. Repealed by Laws 1961, p. 609, § 1.
§75-3. Repealed by Laws 1961, p. 609, § 1.
§7511. Statutes defined.
The Statutes of Oklahoma are hereby defined to be:
First. Original acts enacted by the Legislature.
Second. Statutes taken from other sources and adopted and enacted by the Legislature as statutes of this state.
R.L. 1910, § 8147.
§7511a. Construction of statutes Severability.
In the construction of the statutes of this state, the following rules shall be observed:
1. For any act enacted on or after July 1, 1989, unless there is a provision in the act that the act or any portion thereof or the application of the act shall not be severable, the provisions of every act or application of the act shall be severable. If any provision or application of the act is found to be unconstitutional and void, the remaining provisions or applications of the act shall remain valid, unless the court finds:
a. the valid provisions or application of the act are so essentially and inseparably connected with, and so dependent upon, the void provisions that the court cannot presume the Legislature would have enacted the remaining valid provisions without the void one; or
b. the remaining valid provisions or applications of the act, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.
2. For acts enacted prior to July 1, 1989, whether or not such acts were enacted with an express provision for severability, it is the intent of the Oklahoma Legislature that the act or any portion of the act or application of the act shall be severable unless:
a. the construction of the provisions or application of the act would be inconsistent with the manifest intent of the Legislature;
b. the court finds the valid provisions of the act are so essentially and inseparably connected with and so dependent upon the void provisions that the court cannot presume the Legislature would have enacted the remaining valid provisions without the void one; or
c. the court finds the remaining valid provisions standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.
Added by Laws 1989, c. 154, § 1, operative July 1, 1989.
§75-11b. Renumbered as § 3921 of Title 74 by Laws 1999, c. 59, § 23, eff. July 1, 1999.
§7512. Original acts shall govern.
In all cases where there is a conflict between the original acts and adopted statutes, the original acts shall govern, and the adopted statutes shall be deemed as repealed, amended, or modified thereby, without reference to the date of the approval of such original acts. For purposes of this section, "original acts" means the enrolled documents of the acts as produced by the house of origin.
R.L. 1910, § 8148; Laws 1983, c. 164, § 1, emerg. eff. June 6, 1983.
§7512a. Legislative bills and resolutions Enrollment Filing in office of Secretary of State.
Bills and resolutions referred to in Section 35, Article V of the Constitution of the State of Oklahoma, after their passage but before they are signed by the presiding officer of each house of the Legislature as provided in said section, shall be correctly enrolled in permanent ink on appropriate paper. Bills and resolutions originating in one house of the Legislature which, after being duly passed and engrossed thereby, are sent to the other house and thereafter returned without amendment to the house in which same originated, shall, when referred for enrollment, be sent to the Office of Engrossing and Enrolling thereof, which office may cause each and every such engrossed bill or resolution, without retyping, to be reported properly enrolled for fourth reading and final signature by attaching or jacketing in the forefront thereof a proper jurat for certification by the presiding officer as to the previous passage of said bill or resolution. After said bills and resolutions have been duly signed by the presiding officer of each house of the Legislature, and after same have been either affirmatively or negatively approved by the Governor or passed over his objections, as provided in Section 11, Article VI of the Constitution of the State of Oklahoma, they shall be filed in the office of the Secretary of State where they shall be permanently preserved.
Laws 1945, p. 480; Laws 1945, p. 491, § 1, emerg. eff. Jan. 23, 1945; Laws 1959, p. 367, § 1, emerg. eff. Feb. 24, 1959; Laws 1981, c. 272, § 37, eff. July 1, 1981.
§7513. Distribution of statutes.
The Chief ClerkAdministrator of the House of Representatives is authorized to purchase the required number of statutes and session laws for distribution pursuant to the provisions of Section 14 of this title.
R.L. 1910, § 8149; Laws 1983, c. 164, § 2, emerg. eff. June 6, 1983.
§7514. Free copies of statutes and session laws.
A. The following officers shall be entitled to receive as soon as available from the state without cost copies of the printed volumes of the statutes and session laws of the state published or purchased by the Legislature, or under its authority, for distribution:
1. Each state officer, including the Governor and Lieutenant Governor, the chief administrative officers and assistants of state departments, boards, and commissions, upon written application and request submitted to the Chief ClerkAdministrator of the Oklahoma House of Representatives, within sixty (60) days of January 1 of each year, and said volumes shall be distributed at the discretion of the Chief ClerkAdministrator of the Oklahoma House of Representatives; and
2. Each member of the Legislature; and
3. The Justices of the Supreme Court and the Judges of the Court of Criminal Appeals, and the clerk of said Courts; and
4. The chief administrative officers of the state educational, benevolent, and penal institutions; and
5. The judges of the district courts and district court clerks; and
6. County clerks; and
7. County treasurers; and
8. County assessors; and
9. District attorneys and one assistant district attorney in each county; and
10. Sheriffs; and
11. All members of the Oklahoma Congressional Delegation; and
12. Each library association organized in any county, city, or town in this state for the benefit of the public.
B. Fiftyfive (55) copies of the statutes and session laws shall be furnished to the law library of the College of Law of the University of Oklahoma, five copies to be kept for use therein and fifty copies for purposes of exchange.
C. Five (5) copies of the statutes and session laws shall be placed in the library of Oklahoma State University at Stillwater, Oklahoma, for use therein.
D. One hundred ten (110) copies of the statutes and session laws shall be furnished to the Oklahoma Department of Libraries for its use and exchange purposes.
E. The Chief ClerkAdministrator may, in his discretion, furnish from any copies of such laws on hand to state officers other than those specified in this section for the use of their offices.
R.L. 1910, § 8150; Laws 1957, p. 550, § 1, emerg. eff. June 1, 1957; Laws 1959, p. 368, § 1, emerg. eff. July 15, 1959; Laws 1976, c. 209, § 1; Laws 1978, c. 165, § 12; Laws 1983, c. 164, § 3, emerg. eff. June 6, 1983.
§75-15. Repealed by Laws 1983, c. 164, § 10, emerg. eff. June 6, 1983.
§75-16. Repealed by Laws 1983, c. 164, § 10, emerg. eff. June 6, 1983.
§7517. County clerks to make requisition Distribution Receipts.
The county clerks of the several counties of this state, by the first Monday of February next succeeding the time when any regular session of the Legislature shall be held, shall make a requisition upon the Chief ClerkAdministrator of the House of Representatives for as many copies of the laws of said session as may be required to supply one copy to each county or township officer entitled to the same pursuant to the provisions of Section 14 of this title. The Chief ClerkAdministrator shall forward the number of copies called for by said requisition, to said clerk, either by express, or in any other secure manner. The county clerk, upon receiving the laws, shall distribute them to the several officers entitled by law to the same, obtaining a receipt describing the volumes and the date delivered, which shall be filed in the office of the county clerk.
R.L. 1910, § 8153; Laws 1983, c. 164, § 4, emerg. eff. June 6, 1983.
§7518. Laws to be delivered to successors in office.
Whenever any person is elected to fill any of the county or township offices, it shall be such person's duty, before taking possession of the office, to procure from the county clerk of his county a copy of the receipt filed by the outgoing officer for any volumes of the laws of this state. A copy of the receipt shall be presented to his predecessor in office, at the time when he assumes the duties of his office, and shall require from his predecessor all the volumes of the laws which he may have received, as shown by the receipt on file with the county clerk. It shall be the duty of said officer, after having received from his predecessor the volumes of the laws, to make out duplicate receipts of the same, one of said receipts to be given to his predecessor in office, and the other to be transmitted to the county clerk to be retained in his office.
R.L. 1910, § 8154; Laws 1983, c. 164, § 5, emerg. eff. June 6, 1983.
§7519. Penalty for failure to deliver volumes of laws to successor in office.
Any person holding office in this state, or in any county or township thereof, upon relinquishing office to his successor, who fails or refuses to deliver to his successor in office all the volumes of laws that have come into his possession by virtue of holding such office shall be liable, upon conviction, to a fine of Fifty Dollars ($50.00), or to imprisonment in the county jail not exceeding twenty (20) days. The person succeeding to the office of such delinquent shall file a complaint against him. If the person so failing or refusing to deliver said volumes of laws can show to the satisfaction of the judge that said volumes have been destroyed or stolen in a manner for which the said delinquent person should not be held responsible, then no penalty shall be imposed.
R.L. 1910, § 8155; Laws 1983, c. 164, § 6, emerg. eff. June 6, 1983.
§7520. Replacing missing copies.
Whenever any county or township officer entitled to a copy of the laws of this state shall, through the neglect or refusal of his predecessor in office to turn such laws over to him, or through loss for which said person cannot be held responsible, be without such laws, such person is authorized to make a written requisition upon the county clerk of his county for such volumes of the laws as may be required. The clerk is authorized to purchase the needed volumes for the price set pursuant to law or written agreement for such volumes, which said amount shall be allowed by the board of county commissioners of said county of the official needing such replacement volumes.
R.L. 1910, § 8156; Laws 1983, c. 164, § 7, emerg. eff. June 6, 1983.
§75-21. Repealed by Laws 1978, c. 165, § 14.
§7522. Conflicting provisions.
If the provisions of any code, title, chapter or article conflict with or contravene the provisions of any former code, title, chapter or article, the provisions of the latter code, title, chapter or article must prevail as to all matter and questions arising thereunder out of the same subject matter.
Added by Laws 1985, c. 40, § 1, emerg. eff. April 19, 1985.
§75-23. Repealed by Laws 1957, p. 550, § 3.
§7523.1. Merging different versions of statute.
Except as otherwise provided by specific vote of the Legislature, a bill introduced for purposes of incorporating and merging different versions of a statute amended in more than one measure at the same or different sessions of the Legislature, which do not purport to amend other enacted versions of the same statute shall not be subject to regular legislative cutoff dates, shall be limited to such provisions as may be necessary for the purpose of incorporating and merging such versions of the same statute, and shall contain no other provisions.
Laws 1989, c. 353, § 13, emerg. eff. June 3, 1989.
§75-24. Repealed by Laws 1957, p. 550, § 3.
§75-25. Emergency laws - Distribution to court clerks as soon as possible.
It shall be the duty of the Secretary of State, as soon as possible after receipt by his or her office of any act or resolution, any Civil Probate or Criminal Procedure Act passed by the Oklahoma Legislature as an emergency measure, to provide access by the United States mail, facsimile, or electronic mail transmission to the court clerk of each county of this state a copy of such act or resolution.
Laws 1953, p. 425, § 1, emerg. eff. June 10, 1953; Laws 2005, c. 125, § 1, eff. July 1, 2005.
§7526. Emergency laws Binder for public examination Duty of court clerks.
Immediately upon receipt from the Secretary of State of the acts and resolutions referred to in Section 1 hereof, it shall be the duty of the court clerk of each county to place the same in a binder, which shall be available for examination by the public.
Laws 1953, p. 425, § 2, emerg. eff. June 10, 1953.
§7526.1. Duty of Attorney General to construe certain acts upon request Blank forms.
It shall be the duty of the Attorney General after each session of the Legislature, upon request of the State Auditor and Inspector, or a member of the Legislature, officially to construe any act enacted by said session of the Legislature affecting the authority and duties of officers and departments of the state, the several counties, cities and towns, or school districts; and, when requested by the State Auditor and Inspector, the Attorney General shall assist the State Auditor and Inspector in the preparation of blank forms required for the administration of said acts and instructions for the administration and enforcement thereof.
Laws 1957, p. 550, § 1, emerg. eff. May 31, 1957; Laws 1979, c. 30, § 156, emerg. eff. April 6, 1979.
§7526.2. Opinions and instructions to be distributed by State Auditor and Inspector.
The State Auditor and Inspector, as soon as practicable after the receipt of any opinion of the Attorney General addressed to the State Auditor and Inspector, shall mail a copy thereof together with any applicable instructions to such governing boards or other officers on their request or if they may be affected by such opinion; and the State Auditor and Inspector may cause the publication and distribution of any official opinions of the Attorney General.
Laws 1957, p. 550, § 2, emerg. eff. May 31, 1957; Laws 1979, c. 30, § 157, emerg. eff. April 6, 1979.
§7526.11. Prefiling of bills and resolutions.
Beginning on the 15th day of November of each evennumbered year and ending at the time of sine die adjournment of the second regular session during the following evennumbered year, members of the first regular legislative session who have taken the required oath of office therefor and holdover members of the Senate are hereby authorized to prefile legislative bills and resolutions for introduction. Such bills and resolutions shall be in the form required by the rules of the respective houses of the Legislature.
Laws 1959, p. 490, § 1; Laws 1965, c. 37, § 1, emerg. eff. Mar. 8, 1965; Laws 1967, c. 173, § 1, emerg. eff. May 1, 1967; Laws 1981, c. 272, § 38, eff. July 1, 1981.
§75-26.12. Manner and place of filing.
Senate bills and resolutions may be prefiled with the Secretary of the Senate; House of Representatives bills and resolutions may be prefiled with the Chief Clerk of the House of Representatives. Bills and resolutions are prefiled when delivered in person by the author or principal author thereof or mailed to the appropriate legislative official as provided herein; provided, however, the electronic transmission of bills and resolutions, including, but not limited to electronic mailing, by the author or author’s designee shall satisfy the requirements of this section.
Added by Laws 1959, p. 490, § 2. Amended by Laws 2009, c. 117, § 1, eff. Nov. 1, 2009.
§7526.13. Numbering.
The Secretary of the Senate and the Chief Clerk of the House of Representatives shall, upon receipt of bills and resolutions for prefiling, number said bills and resolutions consecutively in the same manner as during regular legislative sessions and shall be responsible for the safekeeping of the such bills and resolutions.
Laws 1959, p. 490, § 3.
§7526.14. Referring of bills upon convening of session Introduction and reading.
Immediately upon the convening of each regular session of the Legislature, the Secretary of the Senate and the Chief Clerk of the House of Representatives shall refer all prefiled bills and resolutions to the respective presiding officers of the two (2) houses of the Legislature. All bills and resolutions prefiled, in accordance herewith, shall, prior to the introduction of bills and resolutions, be placed immediately upon first reading in the same manner as bills and resolutions introduced after the convening of the Legislature. Bills and resolutions introduced after the first reading of prefiled bills and resolutions shall be numbered consecutively with said prefiled bills and resolutions, respectively, in the manner provided by legislative rules for bills and resolutions introduced after the convening of the Legislature.
Laws 1959, p. 490, § 4; Laws 1981, c. 272, § 39, eff. July 1, 1981.
§75-26.21. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§75-26.31. Repealed by Laws 1975, c. 361, § 1.
§75-26.32. Repealed by Laws 1975, c. 361, § 1.
§75-26.33. Repealed by Laws 1975, c. 361, § 1.
§75-26.34. Repealed by Laws 1975, c. 361, § 1.
§75-26.35. Repealed by Laws 1975, c. 361, § 1.
§7526.41. Submission of the question Procedure.
When a question, "Shall the Legislature of this state ratify a proposed amendment of the Constitution of the United States," is for legislative decision, said matter shall be introduced by joint resolution. In each house the joint resolution submitting said proposal shall be read in full on three (3) different days but, in either house, the first reading may be dispensed with by twothirds (2/3) vote of the quorum present. Following the second reading the joint resolution by which the proposed Constitutional amendment is presented shall be assigned to committee. After favorable committee report, the joint resolution by which the proposed amendment of the United States Constitution is presented shall be placed on the calendar for third reading and final passage. When the joint resolution is considered on final passage, the question shall be "Shall the proposed amendment of the United States Constitution be ratified?", which question shall be decided by roll call vote, opportunity being given first for debate. Unless a majority of the members elected to and constituting the membership of the body considering the question vote in favor of ratifying the amendment of the Constitution, the same shall have failed. If a majority of the members elected to and constituting the membership of the body indicate their approval, the presiding officer shall sign the joint resolution and direct that it be made available to the other, or second, legislative house.
The procedure shall be the same in each legislative house except that the presiding officer of the second house that has by vote approved said ratification of the amendment of the United States Constitution shall sign the joint resolution and attest to the state's action, through its Legislature, of ratifying the said Constitutional amendment.
Laws 1974, c. 182, § 1.
§7526.42. Expiration of approval Rescission of ratification.
The joint resolution shall expire on the date of sine die adjournment of the 2nd Session of the Legislature by which it was adopted unless the resolution states another expiration date. The joint resolution shall not be counted in favor of ratification after the expiration date thereof. The Legislature may rescind any ratification resolution previously approved; in which event, the ratification resolution shall not be counted in favor of ratification if such rescission occurs before the proposed amendment becomes part of the United States Constitution.
Laws 1974, c. 182, § 2.
§7527. Declaration and designation of reports of decisions of Supreme Court and Criminal Court of Appeals.
From and after the effective date of this act the Supreme Court and the Criminal Court of Appeals shall have authority, in such manner as they deem advisable, to declare the published volumes of the decisions of the Supreme Court and the Criminal Court of Appeals of the State of Oklahoma, as the same may be published by one or more persons, firms or corporations, and containing only the decisions of the Supreme Court of Oklahoma and/or the Criminal Court of Appeals of Oklahoma, to be official reports of the decisions of said Courts, whether the decisions of said Courts are published in separate volumes or the same volume.
Laws 1953, p. 425, § 2, eff. Jan. 1, 1954.
§7528. Examination and approval of manuscripts of decisions Assistant Salary.
If in the opinion of the Courts it is advisable to have the manuscripts of the decisions examined and approved before the same are permanently bound by any person, firm or corporation whose published decisions have, by the Courts, been declared to be official reports, the Supreme Court and the Criminal Court of Appeals are hereby authorized to employ a qualified person to aid the Courts in said examination and approval at a salary of not to exceed Four Thousand Two Hundred Dollars ($4,200.00) per annum.
Laws 1953, p. 425, § 3, eff. Jan. 1, 1954.
§75-29. Renumbered as § 73.5 of Title 20 by Laws 1969, c. 11, § 2, eff. Feb. 4, 1969.
§7530. Right to publish, edit or bind reports.
Nothing in this act shall be construed to prohibit the publication, editing or binding of the decisions of the Supreme Court and the Criminal Court of Appeals by any person, firm or corporation.
Laws 1953, p. 426, § 6, eff. Jan. 1, 1954.
§75-31. Repealed by Laws 1943, p. 252, § 7, emerg. eff. April 13, 1943.
§75-32. Repealed by Laws 1943, p. 252, § 7, emerg. eff. April 13, 1943.
§75-33. Repealed by Laws 1943, p. 252, § 7, emerg. eff. April 13, 1943.
§75-34. Repealed by Laws 1943, p. 252, § 7, emerg. eff. April 13, 1943.
§75-35. Repealed by Laws 1943, p. 252, § 7, emerg. eff. April 13, 1943.
§75-35.1. Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.
§75-35.2. Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.
§75-35.3. Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.
§75-35.4. Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.
§75-36. Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.
§75-37. Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.
§75-41. Repealed by Laws 1941, p. 463, § 3, emerg. eff. June 7, 1941.
§75-51. Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.
§75-52. Repealed by Laws 1943, p. 252, § 7, emerg. eff. April 13, 1943.
§75-53. Repealed by Laws 1943, p. 252, § 7, emerg. eff. April 13, 1943.
§75-53.1. Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.
§75-53.2. Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.
§75-54. Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.
§75-55. Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.
§75-56. Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.
§7557. Copies of court reports to Publications Clearinghouse Exchange of reports.
The Administrative Director of the Courts shall provide to the Publications Clearinghouse of the Department of Libraries a maximum of fifty copies of each of the published volumes of the official reports of the decisions of the Supreme Court and the Court of Criminal Appeals of this state for use and for exchange purposes.
Laws 1978, c. 165, § 9; Laws 1984, c. 13, § 8, eff. Nov. 1, 1984.
§75-101. Executed.
§75-102. Executed.
§75-103. Executed.
§75-104. Executed.
§75-105. Executed.
§75-106. Executed.
§75-107. Executed.
§75-108. Executed.
§75-109. Executed.
§75-110. Executed.
§75-111. Executed.
§75-112. Executed.
§75-113. Executed.
§75-114. Executed.
§75-115. Executed.
§75-131. Executed.
§75-132. Executed.
§75-133. Executed.
§75-134. Executed.
§75-135. Executed.
§75-136. Executed.
§75-137. Executed.
§75-138. Executed.
§75-139. Executed.
§75-140. Executed.
§75-141. Executed.
§75-142. Executed.
§75-143. Executed.
§75-144. Executed.
§75-151. Executed.
§75-152. Executed.
§75-153. Executed.
§75-154. Executed.
§75-155. Executed.
§75-156. Executed.
§75-157. Executed.
§75-158. Executed.
§75-159. Executed.
§75-160. Executed.
§75-161. Executed.
§75-162. Executed.
§75-163. Executed.
§75-164. Executed.
§75171. Compilation authorized.
West Group of St. Paul, Minnesota, is hereby authorized, empowered and directed to compile, codify and annotate the "Oklahoma Statutes 2001", according to the terms, specifications and conditions directed by the Speaker of the House of Representatives and the President Pro Tempore of the Senate.
Added by Laws 1971, c. 117, § 1, emerg. eff. May 1, 1971. Amended by Laws 1981, c. 91, § 1, emerg. eff. April 20, 1981; Laws 1991, c. 27, § 1, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 1, emerg. eff. April 9, 2001.
§75172. Contents.
The Statutes as provided for in Section 171 of this title shall contain the Magna Carta, Declaration of Independence, the Constitution of the United States with its amendments, the Organic Act of Oklahoma, the Enabling Act of Oklahoma, the Constitution of the State of Oklahoma with its schedule and amendments, and all laws of the State of Oklahoma of a general and permanent nature now in force, including all laws and amendments of a general and permanent nature passed by the First Regular Session of the Forty-eighth Legislature, 2001, with all repealed laws and those held unconstitutional by the highest courts eliminated.
Added by Laws 1971, c. 117, § 2, emerg. eff. May 1, 1971. Amended by Laws 1981, c. 91, § 2, emerg. eff. April 20, 1981; Laws 1991, c. 27, § 2, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 2, emerg. eff. April 9, 2001.
§75173. Classification and arrangement.
The Statutes as provided for in Section 171 of this title shall be under the same classification, title, section and section arrangement and same section number as the Oklahoma Statutes Annotated.
Laws 1971, c. 117, § 3, emerg. eff. May 1, 1971; Laws 1981, c. 91, § 3, emerg. eff. April 20, 1981.
§75174. Derivation and parallel citations Key number references.
Each section of the Statutes as provided for in Section 171 of this title shall show its derivation and parallel citations to the 1910, 1921, 1931, 1941, 1951, 1961, 1971, 1981, and 1991 Oklahoma Statutes, and contain key number references to National Reporter System publications.
Added by Laws 1971, c. 117, § 4, emerg. eff. May 1, 1971. Amended by Laws 1981, c. 91, § 4, emerg. eff. April 20, 1981; Laws 1991, c. 27, § 3, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 3, emerg. eff. April 9, 2001.
§75175. Annotations and citations.
Each section of the Statutes as provided for in Section 171 of this title shall include ample annotations and citations from the most comprehensive and leading cases, construing the Constitution of Oklahoma and the Oklahoma Statutes; said decisions to be from the courts of last resort of the State of Oklahoma, Oklahoma Territory, Indian Territory and the United States, and the lower United States courts, as well as decisions from the State of Kansas relating to civil procedure and decisions from the States of California, North Dakota and South Dakota, relating to probate procedure, and to the laws of wills and succession; together with annotations to decisions of the courts of other states construing Statutes adopted by the Territory of Oklahoma and the State of Oklahoma from those states prior to adoption by Oklahoma Territory and the State of Oklahoma. The annotations of said Statutes shall include citations to Oklahoma Territory and Indian Territory Reports, the official Oklahoma Reports, Official Oklahoma Criminal Reports, Pacific Reporter and Southwestern Reporter prior to July 1, 2001, and shall also include parallel citations to the American Law Reports, Lawyers Reports Annotated, American Annotated Cases, American and English Annotated Cases, American Reports, American State Reports and American Decisions, if such cases are reported therein; and applicable citations that may be included in the United States Reports, United States Supreme Court Reporter, and United States ReportsLawyers Edition. There shall also be shown the pertinent key number references to National Reporter System publications.
It is not required that every decision construing any Statute be included, but it is intended that every section, and subdivision thereof, which has been construed or applied shall be supported by annotations of comprehensive decisions, and that upon the whole, this compilation of Statutes shall be annotated in a good and reasonable and serviceable manner so as to be wholly dependable and usable as an annotated Statute.
Added by Laws 1971, c. 117, § 5, emerg. eff. May 1, 1971. Amended by Laws 1981, c. 91, § 5, emerg. eff. April 20, 1981; Laws 1991, c. 27, § 4, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 4, emerg. eff. April 9, 2001.
§75176. Number of volumes Index Type size - Size of volumes.
The Oklahoma Statutes 2001 shall be in seven (7) volumes and shall contain an index in the seventh volume as much more complete and much more comprehensive as the index now used in Oklahoma Statutes Annotated, and shall be printed in a type not smaller than and on paper of equal quality as that now used in Oklahoma Statutes Annotated, and shall be bound in du Pont Fabrikoid of equal quality as that now used in the Oklahoma Statutes Annotated. Said volumes shall be as nearly equal in size as possible without any title of said Statutes being printed in two volumes.
Added by Laws 1971, c. 117, § 6, emerg. eff. May 1, 1971. Amended by Laws 1981, c. 91, § 6, emerg. eff. April 20, 1981; Laws 1991, c. 27, § 5, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 5, emerg. eff. April 9, 2001; Laws 2002, c. 1, § 1, emerg. eff. Feb. 7, 2002.
§75177. Approval by Supreme Court.
Before finally printing the Oklahoma Statutes 2001, West Group shall present its manuscript of said Statutes to the Justices of the Supreme Court of the State of Oklahoma, and shall secure the approval of the Justices of the Supreme Court as to form and as to compliance with the provisions of this act; provided, further, that the Justices of the Supreme Court shall also, after approving said manuscript, certify said Statutes as to accuracy, completeness and correctness.
Added by Laws 1971, c. 117, § 7, emerg. eff. May 1, 1971. Amended by Laws 1981, c. 91, § 7, emerg. eff. April 20, 1981; Laws 1991, c. 27, § 6, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 6, emerg. eff. April 9, 2001.
§75178. Adoption as general and public laws Saving clause.
The Oklahoma Statutes 2001, prepared by West Group and in seven (7) volumes as above provided for, after the same shall have been approved by the Justices of the Supreme Court of the State of Oklahoma as hereinabove provided, shall be as provided in Section 179 of this title, and are hereby adopted as the general and public laws of the State of Oklahoma and the official Statutes of the State of Oklahoma, as to all laws therein contained. Provided, however, that this act shall not be construed to repeal or in any way affect or modify any special or local laws or any law making an appropriation or any law relating to any special election or validating act, or any law affecting any bond issue or by which any bond issue may have been authorized, nor to affect any pending proceedings or any existing rights or remedies, nor the running of the statutes of limitations in force at the time of the approval of this act; but all such local and special laws, laws making appropriations, laws relating to special elections, validating acts, and laws relating to or authorizing bond issues, pending proceedings, and existing rights and remedies, and statutes of limitations running and in force at the time of the approval of this act shall continue and exist in all respects as if this act had not been passed. Provided, further, that this act shall not be construed to alter, change, impair, disparage, vest or divest, or in any way affect any right or interest in the United States, the State of Oklahoma, any of the Five Civilized Tribes, or other Tribes or Nations of Indians within the State of Oklahoma, nor shall the same be construed to repeal any act of the Legislature of the State of Oklahoma enacted subsequent to the adjournment of the First Regular Session of the Forty-eighth Legislature of the State of Oklahoma.
Added by Laws 1971, c. 117, § 8, emerg. eff. May 1, 1971. Amended by Laws 1981, c. 91, § 8, emerg. eff. April 20, 1981; Laws 1991, c. 27, § 7, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 7, emerg. eff. April 9, 2001; Laws 2002, c. 1, § 2, emerg. eff. Feb. 7, 2002.
§75179. Effective date Proclamation.
The Oklahoma Statutes 2001 shall take effect and be in full force and effect after the approval thereof by the Justices of the Supreme Court of the State of Oklahoma, and after the publication of two thousand (2,000) sets of said Statutes as herein provided for. The Secretary of State, upon publication of said two thousand (2,000) sets of such Statutes, shall issue a proclamation and publish the same in some newspaper published in and of general circulation within the State of Oklahoma, stating the date upon which said Statutes were published.
Added by Laws 1971, c. 117, § 9, emerg. eff. May 1, 1971. Amended by Laws 1972, c. 19, § 2, emerg. eff. Feb. 7, 1972; Laws 1981, c. 91, § 9, emerg. eff. April 20, 1981; Laws 1991, c. 27, § 8, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 8, emerg. eff. April 9, 2001.
§75180. Supplements.
West Group shall publish a cumulative supplement annually after the adjournment of each regular session of the Oklahoma Legislature until 2011, corresponding in general appearance to the original volumes and of comparable quality in printing, paper, and binding.
Added by Laws 1971, c. 117, § 10, emerg. eff. May 1, 1971. Amended by Laws 1981, c. 91, § 10, emerg. eff. April 20, 1981; Laws 1983, c. 164, § 8, emerg. eff. June 6, 1983; Laws 1991, c. 27, § 9, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 9, emerg. eff. April 9, 2001.
§75181. Price.
The price of the seven–volume set of the Oklahoma Statutes 2001 to the State of Oklahoma and to the citizens thereof shall be Two Hundred Ten Dollars ($210.00) per set, delivered, during a period of one (1) year following the approval and certification of said statutes.
Added by Laws 1971, c. 117, § 11, emerg. eff. May 1, 1971. Amended by Laws 1981, c. 91, § 11, emerg. eff. April 20, 1981; Laws 1983, c. 164, § 9, emerg. eff. June 6, 1983; Laws 1991, c. 27, § 10, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 10, emerg. eff. April 9, 2001; Laws 2002, c. 1, § 3, emerg. eff. Feb. 7, 2002.
§75-182. Repealed by Laws 1978, c. 165, § 14.
§75-183. Repealed by Laws 1982, c. 356, § 2, emerg. eff. June 2, 1982.
§75184. Adoption of Oklahoma Statutes 1971 as Code and Revised Statutes Repeal of general laws not included Savings clauses.
The Oklahoma Statutes 1971, compiled, codified and annotated and indexed under the provisions of House Bill No. 1085, Title 75, Chapter 6A, Oklahoma Session Laws 1971, Page 266, and compiled, codified and annotated under the supervision of the Justices of the Supreme Court of the State of Oklahoma and approved by them on November 9, 1971, and promulgated and published by John Rogers, Secretary of State, under proclamation dated January 5, 1972; said Oklahoma Statutes being further identified as four volumes, Volume 1 containing pages 1 to 1616, inclusive, Volume 2 containing pages 1617 to 3324, inclusive, Volume 3 containing pages 3325 to 5157, inclusive, and Volume 4 containing pages 5159 to 6604, inclusive, are hereby adopted as the Code and Revised Statutes of the State of Oklahoma to be known as Oklahoma Statutes 1971, and that all general laws of the State of Oklahoma not therein contained are hereby repealed; Provided, however, that this act shall not be construed to repeal or in any way affect or modify any special or local laws or any law making an appropriation or any law relating to any special election or validating act or any law affecting any bond issue or by which any bond issue may have been authorized, nor to affect any pending proceedings or any existing rights or remedies, nor the running of the Statutes of Limitations in force at the time of the approval of this act; but all such local and special laws, laws making appropriations, laws relating to special elections, validating acts, and laws relating to or authorizing bond issues, pending proceedings, and existing rights and remedies, and Statutes of Limitations running and in force at the time of the approval of this act shall continue and exist in all respects as if this act had not been passed. Provided, further, that this act shall not be construed to alter, change, impair, disparage, vest or divest, or in any way affect any right or interest of the United States, the State of Oklahoma, any of the Five Civilized Tribes, or other Tribes or Nations of Indians within the State of Oklahoma.
Laws 1972, c. 19, § 1, emerg. eff. Feb. 7, 1972.
§75185. Adoption of Oklahoma Statutes 1981 as official Code and Revised Statutes Construction.
The Oklahoma Statutes 1981, compiled and indexed under the provisions of Sections 171 through 181 of Title 75 of the Oklahoma Statutes, and compiled under the supervision of the Justices of the Supreme Court of the State of Oklahoma and approved by them on February 18, 1982, said Oklahoma Statutes contained in four volumes, are hereby adopted as the official Code and Revised Statutes of the State of Oklahoma to be known as Oklahoma Statutes 1981. Provided, however, that this section shall not be construed to repeal or in any way affect or modify any special or local laws or any law making an appropriation or any law relating to any special election or validating act or any law affecting any bond issue or by which any bond issue may have been authorized, nor to affect any pending proceedings or any existing rights or remedies, nor the running of the statutes of limitations in force at the time of the approval of this section. Provided, further, that this section shall not be construed to alter, change, impair, disparage, vest or divest, or in any way affect any right or interest of the United States, the State of Oklahoma, any of the Five Civilized Tribes, or other Tribes or Nations of Indians within the State of Oklahoma.
Added by Laws 1982, c. 356, § 1, emerg. eff. June 2, 1982.
§75-191. Oklahoma Statutes 2011 and annual cumulative supplements - Publishing.
The “Oklahoma Statutes 2011” and annual cumulative supplements thereto shall be compiled, codified, annotated, printed and published by a publisher selected by the Chief Clerk of the House of Representatives, from bids submitted for that purpose. Publication shall be in accordance with the terms, specifications and conditions directed by the Speaker of the House of Representatives.
Added by Laws 2009, c. 372, § 1, eff. Nov. 1, 2009.
§75-250. Short title.
A. This section and Sections 250.1 through 323 of this title shall be known and may be cited as the "Administrative Procedures Act".
B. All statutes hereinafter enacted and codified as part of the Administrative Procedures Act shall be considered and deemed part of the Administrative Procedures Act.
Added by Laws 1987, c. 207, § 1. Amended by Laws 1989, c. 360, § 1, emerg. eff. June 3, 1989; Laws 1997, c. 206, § 2, eff. Nov. 1, 1997.
§75-250.1. Composition of act.
A. The Administrative Procedures Act shall be composed of two Articles. Sections 250, 250.1, 250.3, 250.4, 250.5 and 250.8 of this title are applicable to both Articles I and II. Article I relating to agency filing and publication requirements for rules shall consist of Sections 250.2, 250.6, 250.7 and 250.9 through 308.2 of this title and Section 5 of this act. Article II relating to agency notice and hearing requirements for individual proceedings shall consist of Sections 308a through 323 of this title.
B. Except as otherwise specifically provided in Section 250.4 of this title, all agencies shall comply with the provisions of Article I and Article II of the Administrative Procedures Act.
Added by Laws 1987, c. 207, § 2. Amended by Laws 1989, c. 360, § 2, emerg. eff. June 3, 1989; Laws 1997, c. 206, § 3, eff. Nov. 1, 1997.
§75250.2. Legislative intent.
A. Article V of the Oklahoma Constitution vests in the Legislature the power to make laws, and thereby to establish agencies and to designate agency functions, budgets and purposes. Article VI of the Oklahoma Constitution charges the Executive Branch of Government with the responsibility to implement all measures which may be resolved upon by the Legislature.
B. In creating agencies and designating their functions and purposes, the Legislature may delegate rulemaking authority to these agencies to facilitate administration of legislative policy. The delegation of rulemaking authority is intended to eliminate the necessity of establishing every administrative aspect of general public policy by legislation. In so doing, however, the Legislature reserves to itself:
1. The right to retract any delegation of rulemaking authority unless otherwise precluded by the Oklahoma Constitution.
2. The right to establish any aspect of general policy by legislation, notwithstanding any delegation of rulemaking authority.
3. The right and responsibility to designate the method for rule promulgation, review and modification.
4. The right to approve, delay, suspend, veto, or amend the implementation of any rule or proposed rule while under review by the Legislature by joint resolution.
5. The right to disapprove a proposed rule or amendment to a rule during the legislative review period independent of any action by the Governor by a concurrent resolution.
6. The right to disapprove a permanent or emergency rule at any time if the Legislature determines such rule to be an imminent harm to the health, safety or welfare of the public or the state or if the Legislature determines that a rule is not consistent with legislative intent.
Added by Laws 1987, c. 207, § 3. Amended by Laws 1991, c. 326, § 1, eff. July 1, 1991; Laws 1992, c. 310, § 1, eff. July 1, 1992.
§75-250.3. Definitions.
As used in the Administrative Procedures Act:
1. "Administrative head" means an official or agency body responsible pursuant to law for issuing final agency orders;
2. "Adopted" means that a proposed rule has been approved by the agency but has not been reviewed by the Legislature and the Governor;
3. "Agency" includes but is not limited to any constitutionally or statutorily created state board, bureau, commission, office, authority, public trust in which the state is a beneficiary, or interstate commission, except:
a. the Legislature or any branch, committee or officer thereof, and
b. the courts;
4. "Final" or "finally adopted" means a rule other than an emergency rule, which has been approved by the Legislature and by the Governor, or approved by the Legislature pursuant to subsection B of Section 308 of this title and otherwise complies with the requirements of the Administrative Procedures Act but has not been published pursuant to Section 255 of this title;
5. "Final agency order" means an order that includes findings of fact and conclusions of law pursuant to Section 312 of this title, is dispositive of an individual proceeding unless there is a request for rehearing, reopening, or reconsideration pursuant to Section 317 of this title and which is subject to judicial review;
6. "Hearing examiner" means a person meeting the qualifications specified by Article II of the Administrative Procedures Act and who has been duly appointed by an agency to hold hearings and, as required, render orders or proposed orders;
7. "Individual proceeding" means the formal process employed by an agency having jurisdiction by law to resolve issues of law or fact between parties and which results in the exercise of discretion of a judicial nature;
8. "License" includes the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law;
9. "Office" means the Office of the Secretary of State;
10. "Order" means all or part of a formal or official decision made by an agency including but not limited to final agency orders;
11. "Party" means a person or agency named and participating, or properly seeking and entitled by law to participate, in an individual proceeding;
12. "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency;
13. "Political subdivision" means a county, city, incorporated town or school district within this state;
14. "Promulgated rule" means a finally adopted rule which has been filed and published in accordance with the provisions of the Administrative Procedures Act, an emergency rule or preemptory rule which has been approved by the Governor;
15. "Rule" means any agency statement or group of related statements of general applicability and future effect that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of the agency. The term "rule" includes the amendment or revocation of an effective rule but does not include:
a. the issuance, renewal, denial, suspension or revocation or other sanction of an individual specific license,
b. the approval, disapproval or prescription of rates. For purposes of this subparagraph, the term "rates" shall not include fees or charges fixed by an agency for services provided by that agency including but not limited to fees charged for licensing, permitting, inspections or publications,
c. statements and memoranda concerning only the internal management of an agency and not affecting private rights or procedures available to the public,
d. declaratory rulings issued pursuant to Section 307 of this title,
e. orders by an agency, or
f. press releases or "agency news releases", provided such releases are not for the purpose of interpreting, implementing or prescribing law or agency policy;
16. "Rulemaking" means the process employed by an agency for the formulation of a rule; and
17. "Secretary" means the Secretary of State.
Added by Laws 1983, c. 327, § 2. Amended by Laws 1985, c. 196, § 11, operative July 1, 1985; Laws 1987, c. 207, § 11. Renumbered from § 301 of this title by Laws 1987, c. 207, § 27. Amended by Laws 1988, c. 292, § 1, emerg. eff. July 1, 1988; Laws 1989, c. 360, § 3, emerg. eff. June 3, 1989; Laws 1990, c. 300, § 1, eff. July 1, 1991; Laws 1992, c. 310, § 2, eff. July 1, 1992; Laws 1994, c. 182, § 1, eff. July 1, 1994; Laws 1997, c. 206, § 4, eff. Nov. 1, 1997; Laws 1998, c. 239, § 1, eff. Nov. 1, 1998.
§75-250.4. Compliance with act - Exemptions.
A. 1. Except as is otherwise specifically provided in this subsection, each agency is required to comply with Article I of the Administrative Procedures Act.
2. The Corporation Commission shall be required to comply with the provisions of Article I of the Administrative Procedures Act except for subsections A, B, C and E of Section 303 of this title and Section 306 of this title. To the extent of any conflict or inconsistency with Article I of the Administrative Procedures Act, pursuant to Section 35 of Article IX of the Oklahoma Constitution, it is expressly declared that Article I of the Administrative Procedures Act is an amendment to and alteration of Sect