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An Act
ENROLLED HOUSE
BILL NO. 3322 By: Osburn of the House
and
Howard of the Senate
An Act relating to statutes and reports; amending 75
O.S. 2021, Section 11a, which relates to statutory
interpretation; providing for construction of certain
amendatory enactments; stating legislative intent;
creating presumption; defining term; and providing an
effective date.
SUBJECT: Statutes and reports
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 75 O.S. 2021, Section 11a, is
amended to read as follows:
Section 11a. In the construction of the statutes of this state,
the following rules shall be observed:
1. For any act enacted on or after July 1, 1989, unless there
is a provision in the act that the act or any portion thereof or the
application of the act shall not be severable, the provisions of
every act or application of the act shall be severable. If any
provision or application of the act is found to be unconstitutional
and void, the remaining provisions or applications of the act shall
remain valid, unless the court finds:
a. the valid provisions or application of the act are so
essentially and inseparably connected with, and so
dependent upon, the void provisions that the court
cannot presume the Legislature would have enacted the
remaining valid provisions without the void one;, or
ENR. H. B. NO. 3322 Page 2
b. the remaining valid provisions or applications of the
act, standing alone, are incomplete and are incapable
of being executed in accordance with the legislative
intent.;
2. For acts enacted prior to July 1, 1989, whether or not such
acts were enacted with an express provision for severability, it is
the intent of the Oklahoma Legislature that the act or any portion
of the act or application of the act shall be severable unless:
a. the construction of the provisions or application of
the act would be inconsistent with the manifest intent
of the Legislature;,
b. the court finds the valid provisions of the act are so
essentially and inseparably connected with and so
dependent upon the void provisions that the court
cannot presume the Legislature would have enacted the
remaining valid provisions without the void one;, or
c. the court finds the remaining valid provisions,
standing alone, are incomplete and are incapable of
being executed in accordance with the legislative
intent;
3. When acts amend the same statute or statutes, whether in the
same or different sessions of the Legislature, creating multiple
versions of the same statute or statutes, it is the intent of the
Oklahoma Legislature that:
a. when possible, the acts are to be construed together
to determine the intent of the Legislature,
reconciling provisions, rendering them consistent and
giving intelligent effect to each act,
b. repeal by implication is disfavored,
c. language in amendatory measures that is neither
underlined nor stricken through is not intended to
change the statute but is only reproduced to provide
context and placement to the amendatory language,
d. acts which do not purport by citation to amend the
other version or versions of the same statute are
ENR. H. B. NO. 3322 Page 3
presumed to be reconcilable and not to conflict or
contravene one another, and
e. if the same section of law has been amended in two or
more measures and as a result of the enactment of
those measures the official statutes of the State of
Oklahoma contain two or more versions of the same
section of law, if it is possible to determine the
exact date and time as of which each measure was
enacted as law, there shall be a presumption that the
measure enacted latest in time contains the
Legislature's intent if there is a conflict between or
among the versions which cannot be avoided by
construing both or all versions of the statute
together. As used in this subparagraph, "enacted as
law" shall mean the date, hour, and minute the measure
was signed by the Governor.
SECTION 2. This act shall become effective November 1, 2026.
ENR. H. B. NO. 3322 Page 4
Passed the House of Representatives the 10th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 15th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________