Oklahoma Title 25. Definitions and General Provisions Code | Oklahoma Title 25. Definitions and General Provisions Laws

OKLAHOMA STATUTES AND CODES

Title 25. Definitions and General Provisions

§25-1. Statutes, meaning of words in.

Words used in any statute are to be understood in their ordinary sense, except when a contrary intention plainly appears, and except also that the words hereinafter explained are to be understood as thus explained.

R.L.1910, § 2914.

§252. Statutory definitions, application of.

Whenever the meaning of a word or phrase is defined in any statute, such definition is applicable to the same word or phrase wherever it occurs, except where a contrary intention plainly appears.

R.L.1910, § 2915.

§253. Degrees of care.

There are three degrees of care and of diligence, namely, slight, ordinary and great. The latter includes the former.

R.L.1910, § 2916. R.L.1910, § 2916.

§254. Degrees of care defined.

Slight care or diligence is such as persons of ordinary prudence usually exercise about their own affairs of slight importance; ordinary care or diligence is such as they usually exercise about their own affairs of ordinary importance; and great care or diligence is such as they usually exercise about their own affairs of great importance.

R.L.1910, § 2917.

§255. Degrees of negligence.

There are three degrees of negligence, namely, slight, ordinary and gross. The latter includes the former.

R.L. 1910, § 2918.

§256. Degrees of negligence defined.

Slight negligence consists in the want of great care and diligence; ordinary negligence in the want of ordinary care and diligence; and gross negligence in the want of slight care and diligence.

R.L.1910, § 2919.

§257. Children.

The term children includes children by birth and by adoption.

R.L.1910, § 2920.

§258. Debtor and creditor.

Except as defined and used in Sections 2892 and 2893, every one who owes to another the performance of an obligation is called a debtor, and one to whom he owes it is called a creditor.

R.L.1910, § 2921.

§259. Good faith.

Good faith consists in an honest intention to abstain from taking any unconscientious advantage of another, even through the forms or technicalities of law, together with an absence of all information or belief of facts which would render the transaction unconscientious.

R.L.1910, § 2922.

§2510. Notice.

Notice is either actual or constructive.

R.L.1910, § 2923.

§2511. Actual notice.

Actual notice consists in express information of a fact.

R.L.1910, § 2924.

§2512. Constructive notice.

Constructive notice is notice imputed by the law to a person not having actual notice.

R.L.1910, § 2925.

§2513. Circumstances putting one on inquiry deemed constructive notice.

Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, and who omits to make such inquiry with reasonable diligence, is deemed to have constructive notice of the fact itself.

R.L.1910, § 2926.

§2514. False notice.

A notice which is false when given is not valid by the subsequent happening of the event.

R.L.1910, § 2927.

§2515. Paper.

The word "paper," means any flexible material upon which it is usual to write.

R.L.1910, § 2928.

§2516. Person includes corporation.

The word "person," except when used by way of contrast, includes not only human beings, but bodies politic or corporate.

R.L.1910, § 2929.

§2517. Several.

The word "several," in relation to number, means two or more.

R.L.1910, § 2930.

§2518. Third person.

The words "third person" include all who are not parties to the obligation or transaction concerning which the phrase is used.

R.L.1910, § 2931.

§2519. Usage.

Usage is a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties, or so well established, general and uniform, that they must be presumed to have acted with reference thereto.

R.L.1910, § 2938.

§2520. Usual and customary.

The words "usual," and "customary," mean "according to usage."

R.L.1910, § 2939.

§2521. Valuable consideration.

A valuable consideration is a thing of value parted with, or a new obligation assumed, at the time of obtaining a thing, which is a substantial compensation for that which is obtained thereby. It is also called simply "value."

R.L.1910, § 2940. R.L.1910, § 2940.

§2522. Verdict.

The word "verdict" includes not only the verdict of a jury, but also the finding upon the facts, of a judge, or of a referee appointed to determine the issues in a cause.

R.L.1910, § 2941.

§2523. Time.

The word "year" means a calendar year, and "month," a calendar month. Fractions of a year are to be computed by the number of months, thus: half a year is six (6) months. Fractions of a day are to be disregarded in computations which include more than one (1) day, and involve no question of priority.

R.L.1910, § 2942.

§2524. Gender.

Words used in the masculine gender include the feminine and neuter.

R.L.1910, § 2943.

§2525. Number.

Words used in the singular number include the plural, and the plural the singular, except where a contrary intention plainly appears.

R.L.1910, § 2944.

§2526. Other definitions.

Words used in the present tense include future as well as the present; the word "oath" includes "affirmation;" and every mode of oral statement under oath or affirmation is embraced by the term "testify," and every written one in the term "depose;" "signature" or "subscription" includes mark, when the person cannot write, his name being written near it, and written by a person who writes his own name as a witness. The following words also have the signification attached to them in this section, unless otherwise apparent from the context:

1. The word "property" includes property, real and personal.

2. The words "real property" are coextensive with lands, tenements and hereditaments.

3. The words "personal property" include money, goods, chattels, things in action and evidences of debt.

4. The word "will" includes codicils.

R.L.1910, § 2945.

§2527. Compound interest.

The words "compound interest" mean interest added to the principal as the former becomes due, and thereafter made to bear interest.

R.L.1910, § 2946.

§2528. Writing and printing.

The words "writing" and "written" include "printing" and "printed," except in the case of signatures, and where the words are used by way of contrast to printing. Writing may be made in any manner, except that when a person entitled to require the execution of a writing demands that it be made with ink it must be so made.

R.L.1910, § 2947.

§2529. Liberal construction of statutes in derogation of common law.

The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to the laws of this state, which are to be liberally construed with a view to effect their objects and to promote justice.

R.L.1910, § 2948.

§2530. Seal.

When the seal of a court, public officer corporation or person is required by law to be affixed to any process, commission, paper or instrument, the word "seal" includes an impression of such seal upon the paper alone, as well as upon wax, or a wafer affixed thereto.

R.L.1910, § 2949.

§2531. Joint authority.

Words giving a joint authority to three or more public officers or other persons, are construed as giving such authority to a majority of them, unless it is otherwise expressed in the act giving the authority.

R.L.1910, § 2950.

§2532. Repeal does not revive.

Whenever any act of the Legislature is repealed, which repealed a former act, such former act shall not thereby be revived, unless it shall be expressly so provided, and the act revived be set out in full.

R.L.1910, § 2951.

§2533. Definitions.

The terms "state agency", "agency of the state", "public officer" or "state officer", when used in any statute other than the Public Trust Act, Sections 176 through 180.55 of Title 60 of the Oklahoma Statutes, and Sections 164 through 166 of Title 60 of the Oklahoma Statutes, shall not include the Oklahoma Ordnance Works Authority or its Trustees, or the Northeast Oklahoma Public Facilities Authority except where a contrary intention plainly and expressly appears.

Added by Laws 1985, p. 1682, H.J.Res. No. 1039, § 1, eff. Nov. 1, 1985. Amended by Laws 1998, c. 203, § 1, emerg. eff. May 11, 1998.

§25-34. "Kerosene" defined.

Pursuant to the authority granted by Section 2 of Article XX of the Oklahoma Constitution, the term "kerosene" shall mean a petroleum product having an A.P.I. gravity of not less than forty (40) degrees, at a temperature of sixty (60) degrees Fahrenheit and a minimum flash point of one hundred (100) degrees Fahrenheit.

Added by Laws 1990, c. 26, § 1, emerg. eff. April 3, 1990.

§25-35. Geology, geologist.

As used in the Oklahoma Statutes:

1. "Geology" means the science which is:

a. the study of the earth and its origin and history, in general,

b. the investigation, including collection of specimens, of the earth's constituent rocks, minerals, fossils, solids, fluids including surface and underground waters, gases, and other materials, from the center of its core to the outer limits of its atmosphere, and

c. the application and utilization of this knowledge of the earth for the benefit of mankind; provided, the knowledge and principles of geology may also be applied to extraterrestrial bodies; and

2. "Geologist" means a person who:

a. has earned a baccalaureate or higher degree in a geological science from an institution of higher education which is accredited by a regional or national accrediting agency, with a minimum of thirty (30) semester hours or forty-five (45) quarter hours of undergraduate or graduate work in a field of geology, or

b. has a specific and continuous record of related and verifiable geological work experience for five (5) years prior to the effective date of this act. Publication in a geologic publication or prior qualification as an expert witness in an administrative or judicial proceeding, hearing, or trial shall be prima facie verification of geological work experience.

Added by Laws 1993, c. 226, § 1, emerg. eff. May 26, 1993.

§25-36. Definitions.

Except as otherwise specifically provided by law, the term "flammable liquids" shall mean all liquids having a flash point below seventy degrees Fahrenheit (70 F) as determined in accordance with the standard method of test for flash point by means of a tag closed tester (ASTM D56-56) or equivalent test device and having a vapor pressure not exceeding forty (40) pounds per square inch absolute at one hundred degrees Fahrenheit (100 F).

Added by Laws 1959, p. 262, § 1, emerg. eff. July 17, 1959. Amended by Laws 1995, c. 344, § 30, eff. Nov. 1, 1995. Renumbered from § 134 of Title 63 by Laws 1995, c. 344, § 36, eff. Nov. 1, 1995.

§25-40. References to persons with disabilities.

A. Beginning November 1, 2006, all new and revised statutes, administrative rules, local laws, ordinances, charters, or regulations promulgated or any publication published by the state or any political subdivision that refers to persons with disabilities shall:

1. Avoid language that:

a. implies that a person as a whole is disabled, such as the “mentally ill” or the “learning disabled”, or

b. equates persons with their condition, such as “epileptics”, “autistics”, or “quadriplegics”; and

2. Replace nonrespectful language by referring to persons with disabilities as persons first; for example, persons with disabilities, persons with developmental disabilities, persons with mental illness, persons with autism, or persons with mental retardation.

B. Violation of this section shall not be grounds to invalidate any new or revised statutes, administrative rules, local laws, ordinances, charters, or regulations promulgated or any publication published by the state or any political subdivision; provided, however, such documents shall be changed to reflect the provisions of this section in subsequent revisions.

C. Nothing in this section shall constitute a requirement to change the name of any agency or program. Existing printed material may be utilized until such time as supplies are required to be replenished.

Added by Laws 2006, c. 296, § 3, eff. Nov. 1, 2006.

§25-82.1. Designation and dates of holidays - Executive Order - Acts to be performed on next succeeding business day - State employees authorized to observe certain holidays - "Holiday" defined.

A. The designation and dates of holidays in Oklahoma shall be as follows: Each Saturday, Sunday, New Year's Day on the 1st day of January, Martin Luther King, Jr.'s Birthday on the third Monday in January, Presidents' Day on the third Monday in February, Memorial Day on the last Monday in May, Independence Day on the 4th day of July, Labor Day on the first Monday in September, Veterans' Day on the 11th day of November, Thanksgiving Day on the fourth Thursday in November, the day after Thanksgiving Day, Christmas on the 25th day of December, the Monday before Christmas if Christmas is on a Tuesday, the Friday after Christmas if Christmas is on a Thursday; and if any of such holidays other than Saturday at any time fall on Saturday, the preceding Friday shall be a holiday in that year and if any of such holidays other than Sunday at any time fall on Sunday, the succeeding Monday shall be a holiday in that year.

B. The Governor shall issue an Executive Order each year specifying the dates on which the holidays other than Saturdays and Sundays designated in subsection A of this section occur. If the President of the United States declares any day other than those listed in subsection A of this section as a national holiday, the Governor may issue an Executive Order declaring such day a state holiday.

C. Any act authorized, required, or permitted to be performed on a holiday as designated in subsection A of this section may be performed on the next succeeding business day, and no liability or loss of rights of any kind shall result from such delay.

D. State employees, except for temporary and other limited term employees, shall be entitled to a day off work without loss of pay on those holidays specified in an Executive Order issued by the Governor pursuant to subsection B of this section. Those state employees, except for temporary and other limited term employees, who are required to work on a holiday specified in subsection B of this section shall be entitled to a day off work, without loss of pay, on an alternative date or payment in lieu thereof at the discretion of the appointing authority and in accordance with rules of the Administrator of the Office of Personnel Management.

E. For the purposes of this section, "holiday" means that agencies whose mission does not require them to be open for business every day of the year shall be closed for official business.

Added by Laws 1947, p. 235, § 1, emerg. eff. April 3, 1947. Amended by Laws 1959, p. 114, § 1, emerg. eff. June 5, 1959; Laws 1971, c. 54, § 1, emerg. eff. April 2, 1971; Laws 1985, c. 50, § 1, eff. Jan. 1, 1986; Laws 1996, c. 122, § 1, eff. April 23, 1996; Laws 1998, c. 47, § 1, eff. Nov. 1, 1998.

§25-82.2. Additional holidays - Acts performable - Optional closing by banks and offices.

The following additional days are designated as holidays:

Jefferson Day on the 13th day of April; Oklahoma Day on the 22nd day of April; Mother's Day on the second Sunday in May; Juneteenth National Freedom Day on the third Saturday in June; Indian Day on the first Saturday after the full moon in September; Cherokee Strip Day on the 16th day of September; Will Rogers Day on the 4th day of November; Citizenship Recognition Day on such date as may be fixed by the Governor; Oklahoma Historical Day on the 10th day of October; Senior Citizens' Week beginning with the first Sunday in the month of May; Senior Citizens' Day the Wednesday of Senior Citizens' Week; Grandparents' Week beginning with the second Sunday in September; Youth Day on the third Sunday in March each year; each day in which a state election is held throughout the State of Oklahoma; and such other days as may be designated by the President of the United States or the Governor of the State of Oklahoma. Notwithstanding the day designated for Veterans' Day by Section 82.1 of this title, any bank, savings and loan association or credit union may observe the fourth Monday in October as Veterans' Day. Any act authorized, required or permitted to be performed on any holiday as designated in this section may and shall be performed on said day the same as on any business day; provided any state, national or federal reserve bank, building and loan association, credit union, state, federal, county or municipal office may close on any day designated in this section as a holiday, and, upon such bank, building and loan association, credit union, or public office being closed on such day, any act authorized, required or permitted to be performed at or by such bank, building and loan association, credit union, public office or public official may be performed on the next succeeding business day and no liability or loss of rights of any kind shall result from such delay.

Added by Laws 1947, p. 235, § 2, emerg. eff. April 3, 1947. Amended by Laws 1955, p. 201, § 1, emerg. eff. Feb. 23, 1955; Laws 1959, p. 115, § 2, emerg. eff. June 5, 1959; Laws 1971, c. 54, § 2, emerg. eff. April 2, 1971; Laws 1972, c. 170, § 1; Laws 1977, c. 115, § 1, emerg. eff. May 30, 1977; Laws 1983, c. 10, § 1, emerg. eff. March 17, 1983; Laws 1994, S.J.R. No. 21, § 1, emerg. eff. May 2, 1994; Laws 1995, c. 42, § 1, emerg. eff. April 10, 1995.

§2582.3. Place and time for celebration of Oklahoma Day.

The city of Guthrie, in the county of Logan, is declared to be the official city for the celebration of Oklahoma Day on the 22nd day of April of each year.

Laws 1949, p. 768, § 1.

§25-82.4. Juneteenth National Freedom Day.

The third Saturday in June of each year is hereby declared an official holiday, to be known as "Juneteenth National Freedom Day".

Added by Laws 1994, S.J.R. No. 21, § 2, emerg. eff. May 2, 1994.

§2583. Flag week Observance and display of flag.

The Governor is hereby authorized and requested to proclaim June 8 to June 14, 1939 and each succeeding year thereafter as Flag Week. To direct each state, county, municipal and district official to arrange for a suitable observance of Flag Week in all public schools, cities and communities throughout the state. To provide for the display of the Flag in accordance with the rules and regulations set forth by the National Americanism Commission of the American Legion, focusing the attention of the people upon the National Emblem and uniting reverence and devotion to the principal of liberty in order that the spirit of the Union may be regenerated, and the perpetuity of democracy be insured now and forever.

Laws 1939, H.C.Res. No. 18.

§2584. Oklahoma Historical Day.

Now, Therefore, be it resolved by the House of Representatives of the Seventeenth Session of the Oklahoma Legislature, the Senate joining therein, that October 10th be declared Oklahoma Historical Day and that the same be observed by the Governor issuing a proclamation setting forth that Major Jean Pierre Chouteau established the first white settlement on October 10th, 1796 at Salina, and from that date many struggles for the advancement of civilization worthy of mention and discussion, and that it is fitting and proper for universities, colleges and schools throughout the state to observe said day by extra programs depicting the advancement and history of the State of Oklahoma, that all officers, state, county, and city be requested to observe and call attention of the citizens everywhere, that the mayors of cities and towns be requested to issue proclamations calling attention to Oklahoma Historical Day.

Laws 1939, p. 665.

§2585. Citizenship Recognition Day Setting aside and proclaiming.

That the Governor of the State of Oklahoma be, and he is hereby empowered and directed to issue a proclamation setting aside a day each year as "Citizenship Recognition Day" which will as nearly as possible conform to a day which the Congress or the President of the United States may set aside as Citizenship Day.

Laws 1941, p. 90, § 1.

§2586. Will Rogers Day.

The fourth day of November each year is hereby declared a public holiday, to be known as "Will Rogers Day". Provided, this act shall not affect the legality of judicial proceedings, the service of process, making or execution of agreements or instruments in writing, or the transaction of other business on said day.

Laws 1947, p. 236, § 1.

§2587. Bird day.

May 1st of each year is hereby established as "Bird Day" in Oklahoma, to be commemorated in such manner as the Societies for the Preservation of Wildlife may prescribe, from time to time.

Laws 1951, p. 356, § 2.

§2588. Oklahoma week.

That the week beginning with November 11th through November 16th (Statehood Day) of each year is hereby designated as "Oklahoma Week".

That every city in Oklahoma, every business, every organization, every man, woman and child are hereby urged during this week to conduct a personal campaign to let the world know that "we are proud of Oklahoma, and prouder to be Oklahomans."

Laws 1957, p. 663, §§ 1, 2.

§2589. Official day for Indian tribes.

The Governor of the State of Oklahoma shall declare an official day for each Indian tribe in the State of Oklahoma. The particular designated day for each Indian tribe shall be selected by the respective Indian tribes.

Laws 1972, p. 619, S.J.R.No.29, § 1. der

§2590.1. Oklahoma Heritage Week.

The week in each year in which November 16 falls is hereby declared to be "Oklahoma Heritage Week," beginning on a Sunday when November 16 falls on such day or a following day of the week through Saturday.

Laws 1972, p. 621, S.J.R.No.51, § 1.

§2590.2. Oklahoma Heritage Association Duties.

The Oklahoma Heritage Association, aforementioned herein, is hereby designated as the coordinating and planning agency for statewide annual observance of "Oklahoma Heritage Week", and is charged with the duty of creating observance thereof through pulpits and mass communication media, through public and parochial schools, through private and state institutions of higher learning and other dignified noncommercial means, so that the patriotism and idealism of our heritage be not forgotten but the lives of the citizens of the state may be enriched by reminders from our history.

Laws 1972, p. 621, S.J.R.No.51, § 2.

§2590.3. ShutIn Day.

The first Sunday in June each year is hereby established as "ShutIn Day" in Oklahoma to be commemorated by calling upon the people of Oklahoma to observe such day by visiting at least one shutin person on the special day if possible, and by participating in other appropriate ceremonies and activities.

Laws 1982, H.J.R. No. 1028, § 1.

§2590.4. Prisoners of War Remembrance Day in Oklahoma.

April ninth of each year is hereby established as "Prisoners of War Remembrance Day" in Oklahoma. The sacrifices of those persons who suffered captivity in foreign lands while in the service of their country shall be commemorated on this day. All citizens of this state are requested to devote some portion of Prisoners of War Remembrance Day to solemn contemplation on the plight of the men and women of this country who have been held prisoners of war. Teachers and students of the schools of this state are requested to observe the day with appropriate exercises.

Added by Laws 1988, c. 6, § 1, emerg. eff. March 10, 1988. d

§25-90.5. Bill of Rights Day.

The 15th day of December of each year is hereby established as "Bill of Rights Day" in Oklahoma. All citizens of this state are requested to devote some portion of Bill of Rights Day to reflection on the liberties and freedoms guaranteed to American citizens by the Bill of Rights.

Added by Laws 1991, c. 69, § 1, eff. Sept. 1, 1991.

§25-90.6. Bill of Responsibilities Day.

The 16th day of December of each year is hereby established as "Bill of Responsibilities Day" in Oklahoma. All citizens of this state are requested to devote some portion of Bill of Responsibilities Day to reflection and acceptance of the responsibilities of being a citizen of this nation in order to secure and expand our freedom as individual members of a free society.

Added by Laws 1991, c. 69, § 2, eff. Sept. 1, 1991.

§25-90.7. Purple Heart Week.

The last week of May of each year is hereby established as "Purple Heart Week" in Oklahoma. The Purple Heart, as established by George Washington in 1782 and revived in 1932, is a decoration of honor awarded to members of the Armed Forces and to United States citizens honorably wounded in action.

All residents of this state are requested to devote some portion of Purple Heart Week to recognizing and commemorating the recipients of the Purple Heart who have demonstrated a commitment to fighting for the ideals which have made this nation great, have served this nation so valiantly, and are role models for all to emulate.

It is the intent of the Oklahoma Legislature that:

1. The Governor execute a proclamation each year in recognition of Purple Heart Week;

2. The Secretary of Veterans Affairs encourage the observance of Purple Heart Week with appropriate activities; and

3. Each local chapter of all veterans' organizations plan special activities and events to honor the Purple Heart recipients in that chapter.

Added by Laws 1992, c. 8, § 1, emerg. eff. March 24, 1992.

§25-90.8. Jim Thorpe Day.

The 22nd day of May of each year is hereby established as "Jim Thorpe Day" in Oklahoma. All citizens of this state are requested to devote some portion of Jim Thorpe Day to commemorate the accomplishments of Jim Thorpe, the greatest American athlete of the half century and this true native son of Oklahoma, to pay tribute to his athletic versatility, and to recognize the inspiration that his personal achievements have provided to all of the citizens of this state.

Added by Laws 1992, c. 62, § 1, emerg. eff. Sept. 1, 1992.

§25-90.9. Oklahoma City Bombing Remembrance Day.

April nineteenth of each year is hereby established as "Oklahoma City Bombing Remembrance Day" in Oklahoma. The sacrifices of those persons who lost their lives or were injured in the bombing and their loved ones shall be commemorated on this day. All citizens of this state are requested to devote some portion of Oklahoma City Bombing Remembrance Day to solemn contemplation of the tragedy and to reflect on the courage and spirit of cooperation demonstrated by the people of Oklahoma during and after the tragedy. Teachers and students of the schools of this state are requested to observe the day with appropriate exercises.

Added by Laws 1996, c. 44, § 1, eff. Nov. 1, 1996.

§25-90.10. Oklahoma Pearl Harbor Remembrance Day.

December 7 of each year is designated as "Oklahoma Pearl Harbor Remembrance Day", and the Governor is authorized and requested to:

1. Issue annually a proclamation calling on the citizens of the State of Oklahoma to observe the day with appropriate ceremonies and activities; and

2. Urge all state agencies, interested organizations, groups, and individuals to fly the flag of the United States at half-staff each December 7 in honor of the individuals who died as a result of their service at Pearl Harbor and in honor of those who died or were injured in World War II.

Added by Laws 1996, H.J.R. No. 1074, § 1.

§25-90.11. Vietnam Veterans Day.

The third Thursday of March of each year is hereby designated as "Vietnam Veterans Day", and the Governor is authorized and requested to:

1. Issue annually a proclamation calling on the citizens of this state to observe the day with appropriate ceremonies and activities; and

2. Urge all state agencies, interested organizations, groups, and individuals to fly the flag of the United States at half-staff the third Thursday of each March in honor of the veterans who served in Vietnam, Cambodia, or Laos during the Vietnam Conflict.

Added by Laws 1998, c. 7, § 1, emerg. eff. March 11, 1998.

§25-90.12. Oklahoma Native American Day.

The Third Monday in November of each year is designated as "Oklahoma Native American Day" in Oklahoma. All citizens of this state are requested to devote some portion of Oklahoma Native American Day to commemorate the accomplishments of Oklahoma's Native Americans. Teachers and students of the schools of this state are requested to observe the day with appropriate activities.

Added by Laws 1998, c. 27, § 1, eff. Nov. 1, 1998.

NOTE: Editorially renumbered from § 90.11 of this title to avoid a duplication in numbering.

§25-90.13. POW/MIA Recognition Day.

The third Friday of September of each year is hereby designated as “POW/MIA Recognition Day”, and the Governor is authorized and requested to:

1. Issue annually a proclamation calling on all the citizens of this state to observe the day with appropriate ceremonies and activities; and

2. Authorize all state agencies, interested organizations, groups and individuals to fly the flag of the National League of Families of American Prisoners of War and Missing in Action on the third Friday of each September to symbolize America’s missing military personnel and our determination to account for them.

Added by Laws 1999, c. 42, § 1, emerg. eff. April 5, 1999.

§25-90.14. Injury Prevention Month.

May of each year is hereby established as "Injury Prevention Month”. Recognizing that injuries are the third leading cause of death in Oklahoma, and are the leading cause of death for persons between the ages of one (1) and forty-four (44), that many injuries are preventable, that the number of injuries can be substantially reduced through the use of proven, cost-effective injury prevention approaches and that these approaches should be promoted through public information and education:

1. The Governor shall annually issue a proclamation encouraging the widespread dissemination of injury prevention information; and

2. All state agencies, businesses, and interested organizations should take the opportunity to provide their employees and members with injury prevention information during Injury Prevention Month.

Added by Laws 2002, c. 54, § 1, emerg. eff. April 11, 2002.

§25-90.15. Senator Keith Leftwich Day.

The first Tuesday in February in a presidential election year is hereby designated as “Senator Keith Leftwich Day” to commemorate the Senator who was the principal author of the legislation that moved the presidential primary to the first Tuesday in February and made the State of Oklahoma a player on the national political stage.

Added by Laws 2004, c. 38, § 1, emerg. eff. March 30, 2004.

§25-90.16. Motorcycle Safety Month.

The month of May of each year is hereby designated as “Motorcycle Safety Month” in the State of Oklahoma.

Added by Laws 2004, S.J.R. No. 50, § 1, emerg. eff. April 1, 2004.

NOTE: Editorially renumbered from Title 25, § 90.15 to avoid a duplication in numbering.

§25-90.18. Medal of Honor Day.

The twenty-fifth of March of each year is hereby designated as “Medal of Honor Day”, and the Governor is authorized and requested to issue a proclamation honoring Oklahomans, while serving as a member of the Armed Services, distinguishes himself or herself conspicuously by gallantry at the risk of his or her life above and beyond the call of duty engaged in action against any enemy of the United States. All citizens of this state are requested to devote some portion of Oklahoma’s Medal of Honor Day to recognize the recipients of the Medal of Honor.

Added by Laws 2006, c. 35, § 1, emerg. eff. April 13, 2006.

§25-90.19. Legislative Findings - Flying flags at half-staff for service member memorial services.

A. The Legislature finds that:

1. The Congress of the United States has authorized the President to use military force against “nations, organizations, or persons the President determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons”, Pub. L. 107-40, and has further authorized the President to use military force in order to “defend the national security of the United States against the continuing threat posed by Iraq”, Pub. L. 107-243;

2. Although these policies have resulted in some degree of controversy, it is incontrovertible that the members of the Armed Forces of the United States who have been deployed with respect thereto have served with honor, dignity, and bravery, and that public support for the members of the Armed Forces, and for their families, has been steadfast and unwavering; and

3. For as long as members of the Armed Forces are so deployed, such public support must continue and be demonstrated in every way possible.

B. Until such time as such use of military force as referenced in subsection A of this section is concluded, whether by Presidential or congressional action, the Governor is directed to order flags of the United States and the State of Oklahoma, on state property, be flown at half-staff on the day of the memorial service for any Oklahoman who lost his or her life while a member of the Armed Forces of the United States.

C. On each such day of remembrance, all state agencies, interested organizations, groups, and individuals are authorized and requested to fly the flag of the United States at half-staff. The Director of the Department of Central Services shall cause the provisions of this section to be implemented by all appropriate agencies of state government.

Added by Laws 2009, c. 9, § 1, eff. July 1, 2009.

§25-91. State flag - Design.

A. The banner, or flag, of the design prescribed by Senate Concurrent Resolution No. 25, Third Legislature of the State of Oklahoma shall be, and it hereby is superseded and replaced by the following design, to wit:

A sky blue field with a circular rawhide shield of an American Indian Warrior, decorated with six painted crosses on the face thereof, the lower half of the shield to be fringed with seven pendant eagle feathers and superimposed upon the face of the shield a calumet or peace pipe, crossed at right angles by an olive branch, as illustrated by the design accompanying this resolution, and underneath said shield or design in white letters shall be placed the word "Oklahoma", and the same is hereby adopted as the official flag and banner of the State of Oklahoma.

B. The standard design and colors in the state flag shall be as follows:

1. The Osage Indian warrior’s circular rawhide shield of amber buckskin is center upon a field of French Blue. On the face of the shield shall be six small gold brown crosses that match the thongs lacing the edge of the shield. The vertical bar of each cross shall be twenty-five percent (25%) longer than the horizontal bar, the lower width line of which shall be placed at the fifty percent (50%) mark of the vertical bar and the top width line shall be placed at the top twenty-five percent (25%) mark of the vertical bar. The width of the horizontal bar shall be seventy-five percent (75%) of the vertical bar;

2. The edge of the lower half of the shield shall be fringed with seven pendant eagle feathers of white tipped with gold brown;

3. Across the face of the shield at right angle shall be a calumet or Indian pipe of peace, which shall have a ruby red bowl, flesh stem and be decorated with a ruby red tassel at the end. Above the calumet, lying at a right angle shall be an olive branch of Dartmouth green; and

4. The name Oklahoma in white letters shall appear under the shield on the face of the flag.

C. The standard colors used in production of the state flag shall be:

1. Pantone Matching System, Pantone Inc., latest edition:

a. field: French Blue PMS 285c,

b. shield: amber PMS 465c,

c. feathers shading: flesh and gold brown combination PMS 486c and PMS 174c,

d. crosses and thongs: gold brown PMS 174c, and

e. calumet: stem of pipe flesh PMS 486c, body of pipe and tassel ruby red PMS 195c, and olive branch Dartmouth green PMS 554c; and

2. Colors shall be colorfast and shall not bleed one into another.

Added by Laws 1925, c. 234, p. 340, § 1. Amended by Laws 1941, p. 90, § 1; Laws 2006, c. 181, § 1, eff. Nov. 1, 2006.

§2591.1. Public institutions Display of state flag.

Every officer, board or person having jurisdiction over the main administration building of any public institution in this state, shall have the flag of the State of Oklahoma displayed on the respective administration building every day except Sunday and when the weather is inclement.

Laws 1953, p. 99, § 1.

§2591.2. Public schools Display of state flag.

It shall be the duty of the district boards or boards of education of every public school in this state, to cause the flag of the State of Oklahoma to be displayed during every school day from a flagstaff or pole, except that the flag need not be displayed in inclement weather.

Laws 1953, p. 99, § 2.

§2591.3. State Flag Day.

Statehood Day, the 16th day of November of each year, is also designated as the official Oklahoma State Flag Day, and it is recommended that said day be observed by the people of this state by the display of the official flag of the State of Oklahoma and in such other ways as will be in harmony with the general character of the day.

Laws 1968, p. 823, H.J.R.No. 563, § 1, emerg. eff. April 29, 1968.

§25-91a. State agencies and boards of education - Display of state flag.

It shall be the duty of all state agencies and boards of education of this state to display the state flag with the standard design and colors as specified in Section 91 of Title 25 of the Oklahoma Statutes.

Added by Laws 2006, c. 181, § 2, eff. Nov. 1, 2006.

§25-92. State floral emblem and official flower.

A. The mistletoe shall be the floral emblem of the state.

B. The Oklahoma Rose shall be the official flower of the State of Oklahoma.

R.L.1910, § 2952. Amended by Laws 2004, c. 89, § 1, eff. Nov. 1, 2004.

§2592.1. State wild flower Indian Blanket.

The official state wild flower of the State of Oklahoma shall be the Indian Blanket (Gaillardia pulchella).

R.L.1910, § 2952.

§2593. State colors.

The said colors of green and white be adopted as permanent and appropriate colors for the State of Oklahoma.

Laws 1915, House Concurrent Resolution, No. 9.

§2593.1. Governor's flag.

The flag of the Governor of the State of Oklahoma shall be forest green, bearing on each side the following: the Great Seal of the State of Oklahoma, centered, surrounded by five equidistant white stars with one of the stars placed directly above the Great Seal; and the flag to be edged with golden fringe.

Laws 1957, p. 657, § 1.

§25-93.2. Alfred P. Murrah Federal building commemorative flag.

In memory of the April 19, 1995, bombing of the Alfred P. Murrah Federal Building in Oklahoma City which killed or injured hundreds of residents of this and other states, flags commemorating this incident and the courage and compassion of the people of this state, this country and the world who have been involved in the rescue of and aid to these residents are encouraged to be flown on flagpoles throughout this state the week of each year in which April 19th falls beginning on the Sunday of such week through to the following Saturday.

The Governor may select which commemorative flag may be flown on state property each year, and citizens and the governing body of each political subdivision of the state may select the commemorative flag of choice for their own respective property.

Added by Laws 1996, c. 4, § 1, emerg. eff. March 12, 1996.

§2594.1. Official state song.

The official song and anthem of the State of Oklahoma is hereby declared to be the words and music of the song "Oklahoma," composed and written by Richard Rodgers and Oscar Hammerstein.

Laws 1953, p. 101, § 2. Laws 1953, p. 101, § 2.

§2594.2. Official depository of state song.

The State Library shall be the official depository of the official State song, and the State Librarian shall cause a copy thereof to be kept in the State Library.

Laws 1953, p. 101, § 3.

§2594.3. Words of state song.

"Brand new state, Brand new state, gonna treat you great!

Gonna give you barley, carrots and pertaters,

Pasture fer the cattle, Spinach and Termayters!

Flowers on the prairie where the June bugs zoom,

Plen'y of air and plen'y of room,

Plen'y of room to swing a rope!

Plen'y of heart and plen'y of hope!

Oklahoma, where the wind comes sweepin' down the plain,

And the wavin' wheat can sure smell sweet

When the wind comes right behind the rain.

Oklahoma, ev'ry night my honey lamb and I

Sit alone and talk and watch a hawk makin' lazy circles in the sky.

We know we belong to the land

And the land we belong to is grand!

And when we say Yeeow] Ayipioee ay!

We're only sayin' You're doin' fine, Oklahoma! Oklahoma O.K." Laws 1953, p. 101, § 4. Laws 1953, p. 101, § 4.

§25-94.5. Official state children's song.

The official children's song of the State of Oklahoma is hereby declared to be the words and music of the song "Oklahoma, My Native Land", composed and written by Martha Kemm Barrett.

Added by Laws 1996, c. 25, § 1, eff. Nov. 1, 1996.

§25-94.6. Official depository of state children's song.

The State Library, maintained by the Oklahoma Department of Libraries, shall be the official depository of the official state children's song, and the State Librarian shall cause a copy of the song to be kept in the State Library.

Added by Laws 1996, c. 25, § 2, eff. Nov. 1, 1996.

§25-94.7. Words of the state children's song.

The words of the official state children's song are:

"As I travel the roads of America, such wonderful sights I can see.

But nothing compares to the place I love;

The perfect home for you and for me.

Yes, Oklahoma, my native land. I am proud to say your future's looking grand. Yes, Oklahoma, such history. Ev'ry day you give a gift just for me.

I see a Scissortail Flycatcher cut through the clean air as mistletoe kisses the branches ev'rywhere. Redbuds open ev'ry single spring. I hear a Pow Wow beat the rhythm of the old ways as oil wells pump back mem'ries of the boom days. Only Oklahoma has these things.

Yes, Oklahoma, my native land. I am proud to say your future's looking grand. Yes, Oklahoma, such history. Ev'ry day you give a gift just for me. Perfect home for you. The perfect home for me. It's only Oklahoma for me."

Added by Laws 1996, c. 25, § 3, eff. Nov. 1, 1996.

§25-94.8. State Folk Song.

The official Oklahoma State Folk Song is hereby declared to be the words and music of the song "Oklahoma Hills", composed and written by Woody Guthrie and Jack Guthrie. Except for nonprofit educational use, state use of the state folk song shall be preceded by notice of the intended nonprofit use to the copyright holder.

Added by Laws 2001, c. 47, § 1, eff. Nov. 1, 2001.

§25-94.9. Official depository of the state folk song.

The State Library shall be the official depository of the official Oklahoma State Folk Song, and the State Librarian shall cause a copy thereof to be kept in the State Library.

Added by Laws 2001, c. 47, § 2, eff. Nov. 1, 2001.

§25-94.10. Lyrics to state folk song.

The words to the Oklahoma State Folk Song, "Oklahoma Hills", words and music by Woody Guthrie and Jack Guthrie, are as follows:

Many a month has come and gone

Since I’ve wandered from my home

In those Oklahoma Hills

Where I was born

Many a page of my life has turned

Many lessons I have learned

And I feel like in those hills

Where I belong

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