§ 51-252 — Definitions.

In this act: 1. “Demonstrates” means the burdens of going forward with the evidence and of persuasion under the standard of clear and convincing evidence are met; 2. “Exercise of religion” means the exercise of religion under Article 1, Section 2, of the Constitution of the State of Oklahoma, the Oklahoma Religious Freedom Act, and the First Amendment to the Constitution of the United States; 3. “Fraudulent claim” means a claim that is dishonest in fact or that is made principally for a patently improper purpose, such as to harass the opposing party; 4. “Frivolous claim” means a claim which lacks merit under existing law and which cannot be supported by a good faith argument for the extension, modification, or reversal of existing law or the establishment of new law; 5. “Governmental entity” means any branch, department, agency, or instrumentality of state government, or any official or other person acting under color of state law, or any political subdivision of this state; 6. “Prevails” means to obtain prevailing party status as defined by courts construing the federal Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. § 1988; and 7. “Substantially burden” means to inhibit or curtail religiously motivated practice.

Legislative History

Added by Laws 2000, c. 272, § 2, eff. Nov. 1, 2000.