{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-3102.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-3102.1","heading":"Unlawful private economic interest — State officer or","body":"employee of state agency — Penalties.\n\nA. For purposes of this section:\n\n1. “Associated nongovernment entity” means:\n\na. any nonprofit or charitable organization or private\n\nbusiness including, but not limited to, a closely held\n\ncorporation, limited liability company, subchapter S\n\ncorporation, or partnership, in which:\n\n(1) the state officer or employee or his or her\n\nimmediate family member has or has had a business\n\nrelationship other than a routine consumer\n\ntransaction at any point during the previous\n\nthree hundred sixty-five (365) days,\n\n(2) the state officer or employee or his or her\n\nimmediate family member is a director, officer,\n\nowner, partner, manager, employee, contractor,\n\nconsultant, board member, or agent,\n\n(3) the state officer or employee or his or her\n\nimmediate family member receives or has received\n\nincome or other financial compensation at any\n\npoint during the previous three hundred sixty-\n\nfive (365) days,\n\n(4) the state officer or employee or his or her\n\nimmediate family member, directly or indirectly,\n\nowns or has owned stock, another form of equity\n\ninterest, stock options, debt instruments, or has\n\nreceived dividends or income at any point during\n\nthe previous three hundred sixty-five (365) days,\n\nor\n\n(5) the state officer or employee or his or her\n\nimmediate family member is negotiating or has any\n\narrangement concerning prospective employment, or\n\nb. any publicly traded corporation or other business\n\nentity in which:\n\n(1) the state officer or employee or his or her\n\nimmediate family member holds or has held an\n\nownership interest of five percent (5%) or more\n\nat any point during the previous three hundred\n\nsixty-five (365) days, or\n\n(2) the state officer or employee or his or her\n\nimmediate family member serves or has served as a\n\ndirector or officer at any point during the\n\nprevious three hundred sixty-five (365) days;\n\n2. “Immediate family member” of a state officer or employee\n\nmeans:\n\na. a spouse,\n\nb. the parents of a spouse,\n\nc. a child by birth or adoption,\n\nd. a stepchild,\n\ne. a parent,\n\nf. a grandparent,\n\ng. a grandchild,\n\nh. a sibling,\n\ni. a spouse’s sibling, or\n\nj. a spouse of any immediate family member listed in this\n\nparagraph;\n\n3. “Private economic interest” includes any interest that could\n\nforeseeably result in directly or indirectly receiving a pecuniary\n\ngain, a competitive advantage, or sustaining pecuniary loss as a\n\nresult of an official act or forbearance. A private economic\n\ninterest shall not include an interest in a pension plan, 401(k),\n\nindividual retirement account or other retirement investment vehicle\n\nthat makes diversified investments over which the state officer or\n\nemployee or his or her immediate family member exercises no control\n\nover the acquisition or sale of particular holdings; and\n\n4. “State agency” includes any office, bureau, board, council,\n\ncommission, department, authority, institution, trust, unit,\n\ndivision, or body of the executive branch of the state government,\n\nexcluding political subdivisions of the state.\n\nB. It shall be unlawful for any state officer or employee of a\n\nstate agency to participate in his or her official capacity through\n\ndecision, approval, disapproval, authorization, recommendation,\n\ninvestigation, the rendering of advice, influence, or otherwise, in\n\nany matter in which he or she has a private economic interest or in\n\nwhich his or her immediate family member or an associated\n\nnongovernment entity has a private economic interest. Any person\n\nconvicted of knowingly and willfully violating the provisions of\n\nthis subsection shall, upon conviction, be guilty of a felony\n\npunishable by a fine not to exceed Ten Thousand Dollars\n\n($10,000.00), by imprisonment in the custody of the Department of\n\nCorrections for a term not less than one (1) year nor more than ten\nn associated\n\nnongovernment entity has a private economic interest. Any person\n\nconvicted of knowingly and willfully violating the provisions of\n\nthis subsection shall, upon conviction, be guilty of a felony\n\npunishable by a fine not to exceed Ten Thousand Dollars\n\n($10,000.00), by imprisonment in the custody of the Department of\n\nCorrections for a term not less than one (1) year nor more than ten\n\n(10) years, or by both such fine and imprisonment. Such person\n\nshall be prohibited from holding any public office in this state.\n\nThe fact that the accused’s conduct also served a legitimate\n\ngovernmental purpose is no ground of defense or of mitigation of\n\npunishment. Prosecutions for violations of this subsection shall be\n\ncommenced in accordance with subsection A of Section 152 of Title 22\n\nof the Oklahoma Statutes.\n\nC. A state officer or employee who, in the discharge of his or\n\nher official responsibilities, is required or called upon to\n\nparticipate in a matter in which he or she has a private economic\n\ninterest or in which his or her immediate family member or an\n\nassociated nongovernment entity has a private economic interest,\n\nwithin thirty (30) days of becoming aware of such potential conflict\n\narising from a private economic interest or prior to the official\n\naction affected by the private economic interest, whichever is\n\nfirst, shall:\n\n1. Prepare a certified written statement describing the matter\n\nrequiring participation and the nature of the potential conflict of\n\ninterest with respect to the matter in detail sufficient to be\n\nunderstood by the public;\n\n2. Furnish a copy of the statement to his or her superior, if\n\nany, who shall assign the matter to another employee who does not\n\nhave a private economic interest. The superior shall furnish a copy\n\nof the statement to the Ethics Commission. If he or she has no\n\nimmediate superior, he or she shall furnish a copy of the statement\n\ndirectly to the Ethics Commission. The statement shall remain\n\navailable for public inspection; and\n\n3. If the person is an elected officer or if he or she is\n\nappointed as the chief executive officer or head of a state agency,\n\nhe or she shall furnish a copy of the statement to the presiding\n\nofficer of the governing body of the agency on which he or she\n\nserves, who shall cause the statement to be printed in the minutes\n\nof the next meeting and require that the person be excused from any\n\nvotes, deliberations, and other actions on the matter in which the\n\npotential conflict of interest exists and shall cause the\n\ndisqualification and the reasons for the disqualification to be\n\nnoted in the minutes.\n\nD. Any person convicted of knowingly and willfully violating\n\nthe provisions of subsection C of this section shall, upon\n\nconviction, be guilty of a misdemeanor punishable by a fine not to\n\nexceed One Thousand Dollars ($1,000.00), by imprisonment in the\n\ncounty jail for a term not to exceed one (1) year, or by both such\n\nfine and imprisonment.\n\nE. Violation of any provision of this section shall be grounds\n\nfor removal from office or termination from state employment.\n\nF. Any transaction or contract entered into in violation of any\n\nprovision of this section shall be void.\n\nG. A person shall not be guilty of an offense under this\n\nsection if the person’s performance of official functions would not\n\naffect the person, immediate family member, or associated\n\nnongovernment entity differently than such performance would affect\n\nthe public generally, or would not affect the person, immediate\n\nfamily member, or associated nongovernment entity, as a member of a\n\nbusiness, profession, occupation, or large class differently than\n\nsuch performance would affect any other member of such business,\n\nprofession, occupation, or large class.\n\nH. The provisions of this section shall be cumulative to\nor would not affect the person, immediate\n\nfamily member, or associated nongovernment entity, as a member of a\n\nbusiness, profession, occupation, or large class differently than\n\nsuch performance would affect any other member of such business,\n\nprofession, occupation, or large class.\n\nH. The provisions of this section shall be cumulative to\n\nexisting laws. Nothing in this section shall prohibit a state\n\nagency from implementing more restrictive policies to address\n\nconflicts of interest that remain in compliance with this section.\n\nNothing in this section shall be construed to invalidate any other\n\nprovision of law establishing more restrictive procedures or\n\nmeasures to prevent conflicts of interest between public duties and\n\nprivate economic interests.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"3d93c18333b3456f8285c6b52d805c0f97f1b824617c944b97db3c73be54da6d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-3102","next":"us-ok/okla.-stat.-tit.-74-74-3103"},"notice":"GroundRules: Original legal text. Not legal advice."}