Legislative Tracker

HB 2844 eliminates sales tax on all food sold by either grocery stores, convenience stores, or gas stations having convenience stores except for candy, soft drinks having carbonation, ice, or food items sold in a manner subject to a tax levied in lieu of sales tax by other provisions of the law

HB3677, as introduced, requires all eligible voters to reregister to vote, effective Dec. 31, 2023. Any individual who does not reregister at the state level will only be eligible to vote in federal elections.

SB 1093 modifies the age eligibility requirement to carry a concealed or unconcealed firearm. The measure lowers the age from 21 to the minimum age to qualify as a voter. The minimum age to vote is currently 18 years of age.

SB 1106 creates the Citizen Health Mandate Protection Act. The measure provides that any employer requiring its employees to receive a vaccine may be liable for actual and punitive damages arising from claims relating to injuries or illness caused by a vaccination or medicinal treatment program. If such employers knowingly require the vaccination or treatment without confirming its safety based on publicly available medical testing and documentation, then they will be automatically subject to punitive damages upon a finding of liability. The minimum award for punitive damages shall be $1 million. Employers subject to claim made under the provisions of this measure shall not have the limitations of liability or immunity provided by the Governmental Tort Claims Act or the Public Readiness and Emergency Preparedness Act.

SB 1120 provides that the state shall reimburse any defendant charged with murder who is found not guilty due to justifiable homicide for all reasonable costs and expenses involved in their defense. Awards shall be granted after the trier of fact finds that the defendant’s claim that the homicide was justified was sustained by a preponderance of the evidence. Establishing this claim requires the defendant to establish certain findings outlined in the measure, including that the prosecution was malicious as defined in the measure. If a prosecution was found to be malicious, the presiding judge is required to refer the matter to the Oklahoma Bar Association for a disciplinary investigation of both the prosecutor and the elected district attorney. The trier shall determine the amount awarded. If the trier finds that a preponderance of evidence does not exist, the defendant may appeal the decision. Reimbursements may be reduced or denied if the defendant was engaged in criminal conduct substantially related to the events giving rise to the charges filed against the defendant. The provisions of this measure shall apply to all pending prosecutions prior to the measure’s effective date.

SB 1128 creates the Employee Liberty and Freedom Act. The measure prohibits any person, partnership, association, or corporation from mandating any vaccination, injection, shot, or medication for any virus, disease, or condition as a as a condition of continued employment.

SB 1141 prohibits institutions within the Oklahoma State System of Higher Education from requiring students to enroll in a course that is not a core requirement of their chosen curriculum that addresses any form of gender, sexual, or racial diversity, equality, or inclusion curriculum beginning with the 2022-23 academic year. The measure prohibits students from being financially penalized for choosing not to enroll in such a course and proscribes institutions from including or making part of a course that is a core requirement for a degree program certain concepts related to gender, sexual, or racial diversity, equality, or inclusion. The bill clarifies that it does not prohibit concepts related to gender, sexual, or racial diversity, equality, or inclusion that align to a degree program focused on gender, sexual, or racial studies.

SB 1142 prohibits public school districts, public charter schools, and public school libraries from maintaining in their inventory or promoting books that address the study of sex, sexual preferences, sexual activity, sexual perversion, sex-based classifications, sexual identity, gender identity, or books that contain content of a sexual nature that a reasonable parent or legal guardian would want to know about or approve of before their child is exposed to it. The bill allows a parent or legal guardian of a student who believes a book is in violation of the bill’s prohibitions to submit a written request to the school district superintendent or charter school administrator to remove the book. It requires the book to be removed within 30 days, and if it is not, the employee tasked with removing the book is to be dismissed or not reemployed, subject to due process provisions, and he or she cannot be employed by a public school district or public charter school for 2 years. The measure also creates a cause of action for a parent or legal guardian against a public school district or public charter school that violates the bill’s provisions, allowing the parent or legal guardian to seek monetary damages, reasonable attorneys’ fees, and court costs. Damages shall include a minimum of $10,000.00 per day the book requested for removal is not removed.

SB 1157 provides that a person shall be eligible for unemployment benefits if the person was terminated or placed on unpaid leave due to their status of being unvaccinated or non-compliance with an employer’s vaccine mandate. Individuals may file a claim for benefits beginning September 1, 2021.

SB 1199 authorizes any county sheriff to detain or arrest any federal agent enforcing the buy- back, confiscation, or surrender of firearms, firearm accessories, or ammunition from law- abiding citizens in the sheriff’s jurisdiction.

SB 1200 prohibits any federal employee from making an arrest, search, or seizure in the state without the express permission of the sheriff or designee of the sheriff of the county in which the arrest, search or seizure will occur. The sheriff may refuse permission for any reason. Permission is not needed if the federal agent witnesses a crime that necessitates an immediate arrest, if the arrest is directed at the sheriff or an associate of the sheriff, or if the arrest occurs on federal territory. Federal employees may seek an exemption to this prohibition by obtaining the written permission of the Attorney General. The contents of the written permission from the sheriff or Attorney General are outlined in the measure.

SB 1201 provides that, in addition to the sheriff’s other duties, the sheriff shall protect the people of their county from infringements of the rights guaranteed to the people by the Constitutions of the United States and the State of Oklahoma. Such protection shall include prohibiting agents, employees, and officers of the federal government from violating the people’s rights. Sheriffs are authorized by the measure to organize citizens into a “posse” to prevent such violations of the people’s rights or the peace. During such times of service, those under such call shall have all the privileges and immunities of the sheriff, undersheriff, and deputies.

SB 1226 provides that each issued birth certificate shall include one or more of the following designations: 1) United States Citizenship, 2) Oklahoma Citizenship, 3) Tribal Citizenship or Membership, 4) Foreign national/non-United States citizen. Persons born to parents who are not citizens of the United States shall not be designated as a United States citizen or Oklahoma citizen.

SB 1228 provides that the Oklahoma Legislature may transfer funds received from the federal government in response to the COVID-19 pandemic to any southern state bordering Mexico to support border security. Supporting border security may include supporting completion of the border wall. Such a transfer shall be accomplished by joint resolution. The Legislature shall specify the amount of funds to transfer and the specific state to receive the funds. Funds received by the state while the Legislature is not in session shall not be transferred unless the transfer has been authorized by a joint resolution in the previous session or until the enactment of a joint resolution in the next session. The measure directs the Director of the Office of Management and Enterprise Services to coordinate with appropriate officials in the receiving state or states to effectuate the transfer of funds.

SB 1231 authorizes the Governor to order the National Guard beyond the borders of the state to participate in the security of the southern border of the United States.

SB 1251 creates the Oklahoma State Guard and Militia Revitalization Act of 2022. The measure modifies the requirements for a citizen of Oklahoma to be eligible for the militia by lowering the who age from 17 to 16 years of age and adding the requirement that the citizen be sound of mind. Person 70 years of age or older and younger than 17 years of age shall be exempt from mandatory service. The measure requires each county to establish a unit of the Oklahoma State Guard (OSG), which shall operate under a designee at the Military Department of the State of Oklahoma. The measure also provides that privately owned semiautomatic firearms of similar quality as that provided in the military forces of the United States, the National Guard, or the military or police forces of this state may be required to serve in the OSG. The measure also directs the Adjutant General to promulgate rules allowing for the use of any semiautomatic firearm in emergencies. The state shall fund the OSG units when they are activated upon the order of the Governor or when called to mandatory training. Counties and citizen groups may voluntarily fund personnel, training, equipment, vehicles, and logistics for their respective county OSG units in coordination with the Military Department of the State of Oklahoma. The measure also provides that, beginning December 1, 2022, the registrar of each county shall provide every registered voter with notice of the opportunity for service in and contact information for the county OSG unit, and thereafter, upon first-time voter registration. The measure directs the Governor to appoint a Commandant of the OSG. County boards of commissioners shall appoint interim County Unit Liaisons of the Oklahoma State Guard and Unorganized Militia, each of whom must have prior honorable service in the Armed Forces of the United States or National Guard and reside in the county no later than November 30, 2022. The measure directs the Oklahoma National Guard to provide a list of persons retired or honorably discharged from the service of the United States or from the National Guard within the last 48 months no later than January 30, 2023, and March 15 each subsequent year. The Adjutant General is required to authorize at least 4 voluntary Multiple Unit Training Assemblies (MUTA) of Inactive Duty for Training (IDT) per month and 15 days of annual training.

SB 1329 authorizes individuals duly licensed under the Oklahoma Self-Defense Act to carry a firearm into the State Capitol after presenting the handgun license to commissioned officers manning security checkpoints in the building.

SB 1330 provides that any federal statute, rule, or executive order, federal or state judicial order, or judicial finding that would have the effect of forcing an extreme risk protection order or ex parte extreme risk protection order against a citizen of the state that infringes on the citizen’s constitutionally protected rights shall have no effect in the state. No individual, including law enforcement officials, may attempt to enforce an unlawful federally implemented extreme risk protection order upon a citizen of the state. Any person found to have attempted to enforce the order shall be guilty of a felony.

SB 1331 provides that any person in possession of a valid handgun license shall be authorized to carry a concealed handgun into or upon any public college, public university, or public technology center school property or building in which the person is authorized to be. A person in possession of a valid handgun license shall not be denied the right to carry a concealed handgun unless evidence is shown that the licensee has previously been involved in a violent incident or an act that showed deliberate or reckless disregard for the health or safety of the faculty, staff, students, or any other person. Listed entities may prohibit a person not in possession of a handgun license from carrying a concealed handgun on campus. Technology centers are exempt from any liability arising from individuals carrying firearms on campus except in cases of gross negligence or willful or wanton misconduct. Private entities may restrict carrying concealed firearms on campus. No public or private college, university, or technology center is responsible for any loss or damage of any firearm or accessories at any time.

SB 1341 prohibits any public officer or employees of said officer from using public monies to advocate or promote gun control policies. They may distribute any kit, pamphlet, booklet, publication, electronic communication, or radio, television, or video presentation to advocate for gun control nor may they pay the salary or expenses of any grant or contract recipient or agent a promoting gun control. Additionally, such persons may not use public monies to advocate for any tax increase relating to gun control policy as well as any proposed, pending, or future requirement or restriction on any legal consumer product including the sale and marketing of the legal consumer product relating to the advocacy or promotion of gun control policy.

SB 1346 creates the Firearms Freedom Act. The measure provides that any firearm manufactured and remaining in the state shall not be subject to federal law, federal taxation, or federal regulation. Such firearms shall include firearms manufactured using basic materials imported into the state. Firearms included in the measure shall exclude any firearm importing significant parts from another state or foreign country. Basic materials shall include polymers, unmachined metal, ferrous or nonferrous, bar stock, ingots or forgings, and unshaped wood. Firearms manufactured in this manner and sold within the state shall have the words “Made in Oklahoma” affixed to the firearm. Any person may possess firearms manufactured in the state barring the exceptions outlined in the measure. Persons employed by or contracting with the federal government attempting to enforce an act, order, law, statute, rule, or regulation of the government of the United States in violation of this measure shall be guilty of a felony punishable by a term of imprisonment not to exceed 5 years and/or a fine not to exceed $5,000.00. State officials or employees of a political subdivision attempting to enforce an act, order, law, statute, rule, or regulation of the government of the United States in violation of this measure shall be guilty of a felony punishable by a term of imprisonment not to exceed 2 years and/or a fine not to exceed $1,000.00.

SB 1381 provides that every municipality shall have 30 days to inspect conduct inspections of homeless camps that appear within municipal districts. Such camps must be up to building codes. Any municipality that fails to inspect these camps within the 30-day period shall be liable for any harm within and outside of the immediate boundaries of the homeless camp. If the homeless camp does not meet building codes in the 30-day period, the municipality shall abolish the camp.

SB 1471 creates an income tax credit to for qualifying educational expenses incurred in tax year 2023 and subsequent years. The measure caps the maximum expenses that may be deducted at $2,500.00. Excess amounts over the cap may be carried over in the subsequent 2 tax years. The measure provides that a qualified school shall mean either a public elementary or secondary school or a private educational program that can be used to satisfy the state’s compulsory school attendance requirements. The Oklahoma Tax Commission (OTC) may require applicants for the credit to submit copies of such receipts or similar financial documentation as may be necessary to confirm the taxpayer’s statement of the allowable credit. The OTC cannot require any school to provide documentation to verify applicant claims. The OTC shall also determine the total amount of credits claimed as well as the type of expenses claimed. The measure directs the OTC to present a report to the Chair of the Senate Finance Committee and the Chair of the House Appropriations and Budget Committee projecting the total dollar amount of credits expected to be claimed within 60 days prior to the state of a legislative session.

SB 1480 exempts gains and proceeds from the sale or exchange of gold and silver from the income tax.

SB 1489 eliminates the individual and corporate income tax in tax year 2023. The measure reduces the corporate income tax to 4% from 6% for tax year 2022.

SB 1519 authorizes municipalities to accept any type of cryptocurrency as payment for services or fees.

SB 1525 provides that ivermectin tablets and hydroxychloroquine tablets shall be available to the public through over-the-counter purchase.

SB 1530 creates the Parental Rights Immunization Act. The measure requires each health care provider who administers a vaccine to obtain informed consent from the legal representative or other adult authorized by law to consent on behalf of a minor prior to administering the vaccine. Such providers must also provide relevant information regarding benefits and risks of the vaccine as well as information concerning the National Vaccine Injury Compensation Program. The measure specifies that providing a copy of the Vaccine Information Statement, and making available for review the Centers for Disease Control and Prevention’s “Epidemiology and Prevention of Vaccine-Preventable Diseases: Vaccine Excipient and Media Summary”, the Centers for Disease Control and Prevention’s Vaccine Injury Table, or the Centers for Disease Control and Prevention’s Contraindications and Precautions or any combination of these sources available to the adult or guardian shall constitute a minimum standard of relevant information.

SB 1581 requires each municipal charter to have a provision providing for the recall of any elected municipal official. Recall petitions will be deemed certified if the number of voters signing the petition is equal to 25% of the votes from the last election. Once the signatures are collected, the petition will be filed with the chief officer of the municipality, who shall determine within 10 days whether the recall petition has sufficient signatures to be deemed certified. No municipality may impose conditions on the circulation of the petition.

SB 1644 creates the Prohibition on Social Credit Scores in the State of Oklahoma Act. The measure prohibits the use of social credit by the state. Additionally, businesses and citizens of the state are prohibited from using, providing data to, and enforcing a social credit score system as defined in the measure. The measure clarifies that its provisions shall not apply to incarcerated persons and credit scores used by financial institutions. The measure also provides that if the federal government were to adopt such a system, the state and its citizens shall not provide any data to the government or participate in the system.

SB 1690 creates the Post-Election Forensic Audit Act of 2022. The measure provides that the President Pro Tempore of the Senate, Speaker of the House, and Governor shall appoint an independent third party to conduct a forensic audit of the general election that took place on November 3, 2020 no later than 30 days after the effective date of this measure. The audit shall examine the 3 most populous counties, the 3 least populous counties, and 3 counties selected at random. The audit shall be completed no later than 90 days after the date of the appointment of the independent third party. A report of the completed audit shall be submitted to the President Pro Tempore of the Senate, Speaker of the House, and Governor that identifies and details any anomaly or discrepancy in voter data, ballot data, or tabulation. Funding for the audit shall be apportioned from the Coronavirus Aid, Relief, and Economic Security Act (CARES) or the American Rescue Plan Act of 2021.

SB 1717 establishes the Oklahoma Bullion Depository as a division under the State Treasurer. The Depository shall serve as the custodian, guardian, and administrator of certain bullion and specie that may be transferred to or otherwise acquired by the state, agency, political subdivision, or another instrumentality of the state. The Administrator of the Depository shall be jointly appointed by the Governor and State Treasurer. The Administrator may also appoint a deputy and such staff as needed with the approval of the State Treasurer. Deposits made into the Depository shall not be considered part of the General Revenue Fund. Fees levied by the Depository may be certified as revenue and shall be deposited into the General Revenue Fund. The measure also provides that investments made into the Depository by an insurance company may be applied as a credit against certain taxes. Schools investing in the Depository may do so in lieu of an investment as provided by the Security for Local Public Deposits Act.  The Depository may receive any deposit of bullion or specie from or on behalf of a person acting in the person’s own right, as trustee, or in another fiduciary capacity. The State Treasurer is directed to promulgate rules to adopt standards by which the quantities of precious metals deposited are credited to a depositor’s depository account. Those wishing to deposit such items with the Depository shall contract with the Depository, establishing terms and conditions of the account and relevant fees. Account holders may withdraw from the Depository on demand by the presentment of a suitable check, draft, or digital electronic instruction to the depository or a depository agent or transfer funds to another account using the same. Accounts with the Depository shall not accrue interest. The Depository has a lien on each depository account owned by a depository account holder to secure any fees, charges, or other obligations owed. Written notice of the death or adjudication of incompetency of a depository account holder shall be considered written notice of revocation of the authority of the account holder’s attorney-in- fact. The Depository may not engage in any loans, extend credit, enter into an agreement to a deposit, trust, or similar relationship for the custody of precious metals by a third party, or lease precious metals. The Depository shall use private, independently managed firms and institutions licensed as depository agents as intermediaries to conduct retail transactions in bullion and specie on behalf of the depository with current and prospective depository account holders

SB 1732 prohibits employers from asking on an application form if the potential employee will consent to having a microchip in his or her body, require current employees to have a microchip in his or her body, coerce an employee into consenting to have a microchip implanted in his or her body, creating a hostile work environment for employees without a microchip in his or her body, withholding advancement or salary for employees without a microchip in his or body, or dismissing such employees. Employers must provide reasonable accommodations for such persons as outlined in the measure. Employers are also required to pay for any microchip insertions for consenting employees and to remove the microchip within 30 days of the employee’s termination.

SB 1748 provides that a person requesting an absentee ballot must provide a valid reason for requesting the ballot. Valid reasons shall include out of jurisdiction, physical illness or disability, work, education, military service, religion, election official, elderly, incarceration, jury duty, or confidentiality program.

SB 1776 adds vaccination and immunization status to the list of characteristics protected from discrimination in compensation and employment.

SB 1805 directs the State Election Board to update the system used for ballots for elections in Oklahoma to meet certain requirements outlined in the measure by the effective date of this measure. Ballots shall be required to have a unique identifier number or code printed in at least 2 locations on the ballot and have a perforated section that includes the unique identifier number or code where the voter can tear off that portion of the ballot to keep as a method to identify his or her ballot. The measure requires each ballot to be digitized and placed on a publicly available, searchable database. Voters may scroll through and view the ballots cast as well as search for their ballot using the identifier number.

SB 1846 authorizes state employees to make a deduction in their payroll for the purpose of donating the deducted amount to any church or religious organization. The measure also provides that if any county, municipality, or school district provides for voluntary payroll deductions to a credit union serving the employees of the county, municipality, or school district, it shall provide voluntary payroll deductions to any church or religious organization located in the state.

A Concurrent Resolution; memorializing Congress to direct that a full and complete inventory of all gold and silver reserves held by the federal government be undertaken; and directing distribution.

SJR 40 submits to the people a constitutional amendment declaring Oklahoma as a sovereign state and a part of the Federal Union with the United States Constitution as the supreme law of the land. The measure provides that any law to the contrary is null, void, and shall have no effect in the state.