Okla. Stat. tit. 63, § 63-1-745.42
This is the official text of Okla. Stat. tit. 63, § 63-1-745.42, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Sovereign, governmental, and official immunity
Official statutory text
A. Notwithstanding any other law, this state has sovereign
immunity, a political subdivision has governmental immunity, and
each officer and employee of this state or a political subdivision
Oklahoma Statutes - Title 63. Public Health and Safety Page 408
has official immunity in any action, claim, counterclaim, or any
type of legal or equitable action that challenges the validity of
any provision or application of this act, on constitutional grounds
or otherwise, or that seeks to prevent or enjoin the state, its
political subdivisions, or any officer or employee of this state or
a political subdivision from enforcing any provision or application
of this act, unless that immunity has been abrogated or preempted by
federal law in a manner consistent with the Constitution of the
United States.
B. Notwithstanding any other law, no provision of state law may
be construed to waive or abrogate an immunity described by
subsection A of this section unless it expressly waives immunity
with specific reference to this section.
C. Notwithstanding any other law, no attorney representing this
state, a political subdivision, or any officer or employee of this
state or a political subdivision is authorized or permitted to waive
an immunity described in subsection A or take any action that would
result in a waiver of that immunity.
D. Notwithstanding any other law, no court of this state shall
have jurisdiction to consider any action, claim, or counterclaim
that seeks declaratory or injunctive relief to prevent this state, a
political subdivision, any officer or employee of this state or a
political subdivision, or any person from enforcing any provision or
application of this act, or from filing a civil action under this
act.
E. Nothing in this section or this act shall be construed to
prevent a litigant from asserting the invalidity or
unconstitutionality of any provision or application of this act as a
defense to any action, claim, or counterclaim brought against that
litigant.
immunity, a political subdivision has governmental immunity, and
each officer and employee of this state or a political subdivision
Oklahoma Statutes - Title 63. Public Health and Safety Page 408
has official immunity in any action, claim, counterclaim, or any
type of legal or equitable action that challenges the validity of
any provision or application of this act, on constitutional grounds
or otherwise, or that seeks to prevent or enjoin the state, its
political subdivisions, or any officer or employee of this state or
a political subdivision from enforcing any provision or application
of this act, unless that immunity has been abrogated or preempted by
federal law in a manner consistent with the Constitution of the
United States.
B. Notwithstanding any other law, no provision of state law may
be construed to waive or abrogate an immunity described by
subsection A of this section unless it expressly waives immunity
with specific reference to this section.
C. Notwithstanding any other law, no attorney representing this
state, a political subdivision, or any officer or employee of this
state or a political subdivision is authorized or permitted to waive
an immunity described in subsection A or take any action that would
result in a waiver of that immunity.
D. Notwithstanding any other law, no court of this state shall
have jurisdiction to consider any action, claim, or counterclaim
that seeks declaratory or injunctive relief to prevent this state, a
political subdivision, any officer or employee of this state or a
political subdivision, or any person from enforcing any provision or
application of this act, or from filing a civil action under this
act.
E. Nothing in this section or this act shall be construed to
prevent a litigant from asserting the invalidity or
unconstitutionality of any provision or application of this act as a
defense to any action, claim, or counterclaim brought against that
litigant.
Status: in_force · Read it on the official government site
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