Nuisances; creating the Racing Facility and Racetrack Qualified Defense Act; requiring substantial compliance with applicable laws and regulations be deemed certain prima facie evidence. Effective date.

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SENATE FLOOR VERSION
March 3, 2026

COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1195 By: Sacchieri of the Senate

and

Roberts of the House

An Act relating to nuisances; creating the Racing
Facility and Racetrack Qualified Defense Act;
providing short title; defining term; requiring that
substantial compliance with applicable laws and
regulations be deemed certain prima facie evidence;
providing for exceptions to qualified defense;
prohibiting action for nuisance against racing
facility unless certain conditions are met; providing
for noncodification; providing for codification; and
providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Racing Facility
and Racetrack Qualified Defense Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1.2 of Title 50, unless there is
created a duplication in numbering, reads as follows:

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A. As used in this section, “racing facility” means a
designated area where competitive vehicle and motorsport races are
conducted including, but not limited to, the track or tracks,
spectator areas, garages, and any associated grounds, buildings, or
appurtenances used to operate the races.
B. Operation of a racing facility in substantial compliance
with federal, state, and local laws and regulations applicable to
activities occurring at the facility shall be deemed prima facie
evidence that a nuisance does not exist. Provided, however, such
defense shall not apply if the racing facility fails to operate in
substantial compliance with such applicable laws and regulations or
there has been a substantial change in the noise level of the
facility since the granting of its permit for construction and
operation.
C. No person shall bring a nuisance claim against a racing
facility unless such person is the legal owner or possessor of real
property within a three-mile radius of the racing facility, the
legal owner or possessor had established his or her right in the
real property prior to the first date of operation of the racing
facility, and the legal owner or possessor can show physical harm
from the operation of the facility. The provisions of this section
shall not affect or defeat the right of any person or business
entity to recover damages for any injuries or damages sustained for
any other tort.

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SECTION 3. This act shall become effective November 1, 2026.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
March 3, 2026 - DO PASS AS AMENDED BY CS