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.
– State Oklahoma Laws
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. No person or entity engaged in the business of selling or distributing cigarettes that is not a manufacturer, wholesaler, or distributor of cigarettes or other tobacco products licensed by the Oklahoma Tax Commission shall mail, ship or otherwise deliver cigarettes to any person in this state that is not: Government, this state or a department, agency, instrumentality or political subdivision of the United States or this state when the person is acting in accordance with their official duties.
It shall be illegal for any common or contract carrier to knowingly transport cigarettes to any person in this state reasonably believed by the carrier to be a person other than described above.
Each individual employed as a retail clerk shall be informed of state law regarding sales of tobacco products or vapor products to minors and shall sign a form attesting to their understanding of this law and promising as a condition of their employment to obey the law.
No agency or other political subdivision of the state, including, but not limited to, municipalities, counties or any agency thereof, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, distribution, advertising, sampling, promotion, display, possession, licensing, or taxation of tobacco products or vapor products, except as provided in Section of Title 68 of the Oklahoma Statutes, Section et seq.
Provided, however, nothing in this section shall preclude or preempt any agency or political subdivision from exercising its lawful authority to regulate zoning or land use or to enforce a fire code regulation regulating smoking or tobacco products to the extent that such regulation is substantially similar to nationally recognized standard fire codes. A person engaged in the sale or distribution of tobacco products or vapor products shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be less than 18 years of age.
If an individual engaged in the sale or distribution of tobacco products or vapor products has demanded proof of age from a prospective purchaser or recipient who is not less than 18 years of age, the failure to subsequently require proof of age shall not constitute a violation. Penalties for violation are the same as those for selling or distributing tobacco products to minors. It shall be unlawful for any person to distribute tobacco products, vapor products or product samples to anyone under 18, and in or on any public street, sidewalk, or park that is within feet of any playground, school, or other facility when the facility is being used primarily by persons under It is unlawful for any person to sell cigarettes except in the original, sealed package in which they were placed by the manufacturer.
It shall be unlawful for any person to sell tobacco products or vapor products through a vending machine unless the vending machine is located in the following areas: Retailers, distributors, wholesalers and manufacturers must obtain a license from the state Tax Commission to sell cigarettes. Distributors, wholesalers and manufacturers' licenses shall be valid for one year and a retailer's license is valid for three years unless suspended or revoked. A separate license is required for each place of business and must at all times be conspicuously displayed in the place of business.
For a third violation of the law prohibiting the sale of tobacco products to minors, the license to sell tobacco products may be suspended for not more than 30 days in addition to any other penalties. For a fourth and subsequent violations the license to sell tobacco products may be suspended for not more than 60 days in addition to any other penalties. Failure to pay an administrative fine as a result of a violation of the sales to minors' law within 90 days will also result in a license suspension.
It is unlawful for an employer to discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions, or privileges of employment because the individual is a nonsmoker or smokes or uses tobacco products during non-working hours or require as a condition of employment that any employee or applicant abstain from tobacco use during non-working hours.
However, nothing in this section shall prohibit an employer from offering incentives to an employee to participate in wellness programs, including, but not limited to, smoking cessation programs, in conjunction with the employer providing the employee health insurance coverage. This also shall not apply when the restriction on smoking relates to a bona fide occupational requirement or an applicable collective bargaining agreement which prohibits or allows off-duty use of tobacco products.
The sole remedy for any individual claiming to be aggrieved by a violation of this law shall be a civil action for damages, including all wages and benefits deprived the individual by reason of the violation.
However, if it is proved by a preponderance of the evidence that the appellant for whom the bond has been limited is intentionally dissipating or diverting assets outside of the ordinary course of its business for the purpose of avoiding payment of the judgment, the court shall enter such orders as are necessary to prevent dissipation or diversion, including, but not limited to, requiring that a bond be posted equal to the full amount of security required.
The bond may also be limited if it poses substantial economic harm to a defendant. If it is proved by a preponderance of the evidence that the appellant for whom the bond has been limited is intentionally dissipating or diverting assets outside of the ordinary course of its business for the purpose of avoiding payment of the judgment, the court shall enter such orders as are necessary to prevent dissipation or diversion, including, but not limited to, requiring that a bond be posted equal to the full amount of security required.
After November 1, , appeal bonds are not required for appeals of punitive damages only. 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.
Bereavement leave is leave that is taken by an employee due to the death of another individual, usually a close relative. Employer may choose to provide bereavement leave and may be required to comply with any bereavement policy or practice it maintains.
Employment laws can change at a moments notice.
Oklahoma – Leave Laws
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.