Title State Capital and Capitol Building (KB) Title State Government ( KB) Title 74E. Ethics Rules (KB). Title Statutes and Reports (KB). Welcome to the Oklahoma Law section of FindLaw's State Law collection. This section contains user-friendly summaries of Oklahoma laws as well as citations or. Welcome to FindLaw's Oklahoma criminal law center, with summaries of key criminal laws and procedures for residents of the Sooner State. Oklahoma statutes address violent crimes such as sexual assault, armed robbery, and the various degrees of murder and manslaughter.
Laws – Oklahoma State
Exceptions to the law include: If smoking is to be permitted in any space exempted, such smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and be under negative air pressure so that no smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened.
Air from a smoking room shall not be exhausted within 15 feet of any entrance, exit or air intake. The state legislature by adopting this act intends to preempt any other regulation promulgated to control smoking in public places and to standardize laws that governmental subdivisions may adopt to control smoking. Cities and towns may enact and enforce laws prohibiting and penalizing conduct under provisions of this act, but the provisions of such laws shall be the same as provided in this act and the enforcement provisions under such laws shall not be more stringent than those of this act.
However, cities and towns shall be authorized to enact stronger laws restricting smoking on properties owned or operated by the respective governing bodies. The use of any tobacco product is prohibited on any and all properties owned, leased or contracted for use by agencies and instrumentalities of the state of Oklahoma, including but not limited to, all buildings, land and vehicles. For buildings not covered under the executive order above, smoking is not permitted in any building and other property owned or operated by the state of Oklahoma.
Veterans centers operated by the state were designated smokefree indoors as of January 1, , and required outdoor areas for resident veteran smoking will be phased out by January 1, All buildings and other properties, or portions thereof, owned or operated by a county or municipal government may be designated as entirely nonsmoking by the county or municipal governing body.
Smoking is not permitted in any indoor workplace except private offices occupied by one or more smokers; workplaces that have incidental public access and in which the only employees are the owner and immediate family; or workplaces that have incidental public access and are occupied only by one or more smokers. An employer not otherwise restricted from doing so may elect to provide smoking rooms where no work is performed except for cleaning and maintenance during the time the room is not in use for smoking, provided each smoking room is fully enclosed and exhausted directly to the outside in such a manner that no smoke can drift or circulate into a nonsmoking area.
No exhaust from a smoking room shall be located within 15 feet of any entrance, exit or air intake. The use of a tobacco product as defined shall be prohibited in or on an educational facility that offers an early childhood education program or in which children in grades kindergarten through 12th grade are educated.
The use of a tobacco product shall also be prohibited in school vehicles, and at any school-sponsored or school-sanctioned event or activity.
Nothing in this section shall be construed to prohibit a public school district or private school from having more restrictive policies regarding tobacco products than the above requirements. Smoking is prohibited in all buildings, or portions thereof, owned by an educational facility as defined. In addition, a technology center educational facility which offers an early childhood education program or in which children in grades K are educated shall prohibit use of tobacco products on the grounds of the facility by all persons including all types of employees during the hours of 7: However, a technology center school district may designate smoking areas outdoors completely out of sight of children under 18 under certain conditions, and technology center school districts, colleges or unviersities can have outdoor smoking areas during certain events or activities such as athletic contests.
Nothing in this section shall be construed to prohibit educational facilities from having more restrictive policies regarding smoking and the use of other tobacco products in the buildings or on the grounds of the facility. In addition, all campuses, buildings and grounds, or portions thereof, owned or operated by an institution within the Oklahoma State System of Higher Education may be designated as tobacco-free, including smoking or smokeless tobacco, by the institution upon adoption of a policy stating the tobacco restrictions for the institution and an intent to enforce the penalty for violations as specified in state law.
No person shall smoke in a licensed child care facility or in a private residence used as a child care facility during its hours of operation. The definition of 'child care facility' includes a foster family home. Smoking is prohibited in public places, the definition of which includes health facilities. Smoking is allowed in medical research or treatment centers, if smoking is integral to the research or treatment.
Nursing homes may also designate smoking rooms. Smoking areas are allowed in restaurants, but are required to be enclosed and separately ventilated. Outdoor seating areas of restaurants are exempt except smoking shall not be allowed within 15 feet of any exterior public doorway or any air intake of a restaurant.
The state Department of Health is hereby authorized to implement a rebate program for the purpose of reimbursing persons or entities that own restaurants located in Oklahoma for the costs incurred for building separately enclosed and ventilated areas in restaurants as required by law, see paragraph above.
The rebate shall be equal to 50 percent of the original expenditure, minus depreciation costs, and shall only be disbursed if the restaurant converts to a completely smokefree environment no later than January 1, Bars, taverns, and cigar bars are exempted from the prohibition on smoking in public places.
If smoking is to be permitted in any space exempted, such smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and under negative air pressure so that no smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened.
Air from a smoking room shall not be exhausted within 15 feet of any entrance, exit, or air intake. Any employer may choose a more restrictive smoking policy, including being totally smokefree. Tobacco Products in Correctional Facilities: Smoking Restrictions Allowed in Commercial Airports: Commercial airport operators may prohibit smoking in any indoor or outdoor areas open to or used by the public as long as the outdoor area is within feet of an entrance to a facility.
Custody of, guardianship of or any visitation with a child shall not be granted to any person if it is established that the custody, guardianship or visitation will likely expose the child to a foreseeable risk of material harm. This could apply to secondhand smoke if a person can establish that secondhand smoke can cause a foreseeable risk of material harm. The person who owns or operates a place where smoking or tobacco use is prohibited by law shall be responsible for posting a sign or decal at each entrance to the building indicating that the place is smokefree.
The Oklahoma State Board of Health is the designated enforcement agency. Tax rate per pack of State sales taxes are no longer collected on cigarettes and tobacco products pursuant to a legislative referendum passed on November 2, Cigarette tax revenue is distributed to a variety of programs and purposes, including a very small amount to tobacco prevention and cessation programs.
A small portion also goes to the state General Revenue Fund. Cigarette tax revenue is distributed as follows: Revenue from 18 cents of the tax to the Oklahoma Building Bonds of Sinking Fund and revenue from five cents of the tax to the General Revenue Fund; The revenue from the remaining 80 cents of the tax is distributed based on the following percentages: Chewing tobacco, smokeless tobacco and snuff: Revenue from taxes on tobacco products other cigarettes is distributed to the state general revenue fund and the same programs and purposes as 80 cents of the cigarette tax.
See above for details. Revenue from 50 percent of the tax on chewing tobacco, smokeless tobacco and snuff; 50 percent of the tax on smoking tobacco; 0. The remaining revenue 50 percent of the tax on chewing tobacco, smokeless tobacco and snuff; 50 percent of the tax on smoking tobacco; 2. State funding for Oklahoma's tobacco prevention and control program comes from the state general revenue fund, tobacco tax revenue and interest generated from the state's Tobacco Settlement Endowment Trust Fund funded by annual Master Settlement Agreement payments.
The fund is not subject to fiscal year limitations and shall consist of all monies appropriated by the legislature, any other funds that may be appropriated by the Board of Directors of the Tobacco Settlement Endowment Trust Fund and all other monies including gifts, grants and other funds that may be directed thereto. All monies credited to the fund may be used for the state Plan for Tobacco Use Prevention and Cessation, overseen by the member Tobacco Use Prevention and Cessation Advisory Committee, which is to meet at least four times a year.
On or before January 1, , the committee shall review and recommend a plan that is in compliance with nationally recognized guidelines or scientific evidence of effectiveness. Any money in the fund at the end of a fiscal year shall be retained for use in the next year. Food and Drug Administration.
Persons under 18 years of age may be enlisted by the ABLE Commission, a municipality or town, or a county to assist in compliance checks and enforcement if written parental consent has been provided and the testing is conducted under the direct supervision of the ABLE Commission or another authorized law enforcement agency. This shall not apply to the use of persons under 18 to test compliance if the test is being conducted by or on behalf of a retailer of cigarettes at any location where the retailer is authorized to sell cigarettes.
The ABLE commission shall notify storeowners when one of their employees has been determined to be in violation by the ABLE commission or convicted of a violation by a municipality.
It is unlawful for any person to sell, give or furnish in any manner any tobacco product or vapor product, which as defined includes most electronic cigarettes, to another person who is under 18 years of age or buy such products on behalf of a person under age This does not apply to an employee under 18 handling these products as part of their employment.
If the sale is made by the employee of the owner of the store, the employee shall be guilty of the violation and shall be subject to the fine. Each violation by any employee shall be a violation against the owner for purposes of a license or permit suspension.
Proof that the defendant demanded, was shown, and reasonably relied upon proof of age, shall be a defense to any action brought pursuant to this section. This can be proved if the individual who purchased or received the tobacco product presented a driver's license or other form of government-issued photo identification purporting to establish that the individual was 18 years of age or older and the person cited for the violation confirmed the validity of the identification by performing a transaction scan by means of a transaction scan device.
This does not relieve any person cited for a violation from exercising reasonable diligence to determine whether the physical description and picture appearing on the driver's license was that of the person who presented it.
County sheriffs may enforce this law. It is unlawful to sell, give or furnish in any manner to another person who is under 18 any material or device used in the smoking, chewing, or other method of consumption of tobacco products or vapor products, including cigarette papers, pipes, holders of smoking materials of all types, and other items designed primarily for the smoking or ingestion of tobacco products or vapor products.
The notice required above shall be the only notice required to be posted or maintained in any store that sells tobacco products or vapor products at retail. It is unlawful for a person who is under 18 years of age to purchase, receive, or have in their possession a tobacco product or vapor product; or to present or offer to any person any purported proof of age which is false or fraudulent, for the purpose of purchasing or receiving any tobacco product or vapor product.
It shall not be unlawful for an employee under 18 years of age to handle such products when required in the performance of the employee's duties. If they fail to pay within 90 days, their driver's license may be suspended, or not be issued or renewed.
Any minor in possession of tobacco products or vapor products who is asked where and from whom such products were obtained by any police officer, constable, juvenile court officer, truant officer, or teacher, and who refuses to furnish such information shall be guilty of a misdemeanor.
If younger than 16, they shall be certified to the juvenile court for such action that court deems proper. It is unlawful for any person or retail store to display or offer for sale tobacco products or vapor products in any manner that allows public access to the product without assistance from the person displaying the product or an employee or the owner of the store.
These provisions shall not apply to retail stores which do not admit into the store persons under 18 years of age. Oklahoma law does not require private employers to provide employees with either paid or unpaid holiday leave.
If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract. Visit our Oklahoma State Holidays page for a list of holidays recognized and observed by the state of Oklahoma as well as information regarding state laws governing holiday leave for public employers and employees.
An employer is not required to pay an employee for time spent responding to a jury summons or serving on a jury. An employer may not discharge or otherwise subject to any adverse employment action an employee who is summoned to serve as a juror and who notifies his or her employer of the summons within a reasonable period of time after receiving the summons and prior to his or her appearance for jury duty.
An employer may not require or request an employee to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or time spent actually serving on a jury. Oklahoma law requires an employer to provide an employee two 2 hours of time off to vote more if distance demands , if the employee does not have three 3 hours before his or her shift begins or after it ends in which to vote while polls are open.
The voting leave must be paid if the employee presents to the employer proof of voting. To be eligible for voting leave, an employee must inform his or her employer of their intention to take the leave prior to the day of the election or vote. An employer may dictate when an employee takes voting leave or may adjust employee schedules so that employees have three 3 hours before or after their shift in which to vote while polls are open.
Oklahoma law does not require employers to provide employee bereavement leave.
Law of Oklahoma
The Guide to Law Online contains a selection of Oklahoma legal, judicial, U.S. Court of Appeals, 10th Circuit Opinions (United States Courts). Oklahoma law is the state law of Oklahoma. Oklahoma law is based on the Oklahoma Constitution (the state constitution), which defines how the statutes must. 1, means a slew of new laws taking effect across the state. Overview on what's on the Oklahoma ballot for the General Election: Click.