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§ 1-745.42. Sovereign, governmental, and official immunity

Oklahoma Statutes AnnotatedTitle 63. Public Health and SafetyEffective: May 3, 2022

Oklahoma Statutes Annotated
Title 63. Public Health and Safety (Refs & Annos)
Chapter 1. Public Health Code
Article 7. Hospitals and Related Institutions
C-11. Oklahoma Heartbeat Act
Effective: May 3, 2022
63 Okl.St.Ann. § 1-745.42
§ 1-745.42. Sovereign, governmental, and official immunity
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 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.

Credits

Laws 2022, c. 190, § 12, emerg. eff. May 3, 2022.
63 Okl. St. Ann. § 1-745.42, OK ST T. 63 § 1-745.42
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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