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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1640 By: Jett
AS INTRODUCED
An Act relating to the Legislature; defining terms;
prohibiting consumption and possession of alcohol by
members of the Legislature while performing official
legislative duties; providing punishment for
violations; requiring the Legislature to implement
rules for enforcement; providing for removal of
legislators; requiring certain notice to Attorney
General; providing for codification; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 466 of Title 74, unless there is
created a duplication in numbering, reads as follows:
A. For purposes of this section:
1. “Alcohol” means any beverage containing more than one-half
of one percent (0.5%) alcohol by volume, including but not limited
to beer, wine, spirits, or any other alcoholic beverage as defined
in Section 1-103 of Title 37A of the Oklahoma Statutes;
2. “Intoxicated” or “intoxication” means a condition in which a
person has consumed alcohol such that his or her blood alcohol
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concentration is eight one-hundredths of one percent (0.08%) or
greater, or where observable impairment exists that impairs the
person’s ability to perform official duties safely and effectively,
as determined by reasonable suspicion and confirmed by Breathalyzer
testing;
3. “Official legislative duties” includes, but is not limited
to, attendance at sessions of the Senate or House of
Representatives, committee meetings, floor proceedings, official
business conducted in the State Capitol Building, or any other
state-funded travel or event related to legislative functions; and
4. “State Capitol Building” means the premises of the Oklahoma
State Capitol, including all legislative chambers, committee rooms,
offices, and any adjacent grounds under legislative control.
B. It shall be unlawful for any member of the Legislature to
consume, possess, or be under the influence of alcohol while
performing official legislative duties or within the State Capitol
Building.
C. 1. Upon reasonable suspicion of a violation of subsection B
of this section, as determined by the presiding officer of the
relevant chamber, security personnel, or a designated legislative
officer, the suspected member shall be directed to submit to a
Breathalyzer test administered by a commissioned Oklahoma Highway
Patrol officer or other qualified law enforcement officer present at
the State Capitol Building.
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2. Refusal to submit to a Breathalyzer test shall constitute a
separate violation under this section and shall result in immediate
removal from the chamber or official proceedings, as provided in
subsection D of this section.
3. The Breathalyzer test shall utilize equipment approved
pursuant to Section 759 of Title 47 of the Oklahoma Statutes. Such
test results shall be documented and preserved.
D. Any member of the Legislature that violates subsection B of
this section shall be subject to:
1. Immediate expulsion from the legislative chamber for the
remainder of the day, a fine not less than Five Hundred Dollars
($500.00) nor more than One Thousand Dollars ($1,000.00), and
mandatory referral to the chamber’s ethics committee for a first
violation;
2. Expulsion from the legislative chamber for not less than
three (3) consecutive legislative days, a fine not less than One
Thousand Dollars ($1,000.00) nor more than Two Thousand Five Hundred
Dollars ($2,500.00), mandatory alcohol education or treatment
program at the member’s expense, and referral to the chamber’s
ethics committee for a second violation within any twelve-month
period; or
3. Permanent expulsion from the legislative chamber for the
remainder of the legislative session, a fine not less than Two
Thousand Five Hundred Dollars ($2,500.00) nor more than Five
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Thousand Dollars ($5,000.00), and automatic initiation of removal
proceedings pursuant to Section 1181 of Title 22 of the Oklahoma
Statutes for a third or subsequent violation within any twenty-four-
month period.
E. 1. The President Pro Tempore of the Senate and the Speaker
of the House of Representatives shall be responsible for ensuring
compliance with this section within his or her respective
legislative chamber. Failure to enforce this section upon
reasonable suspicion of a violation shall subject the presiding
officer to the same penalties as the violating member.
2. Each legislative chamber shall adopt internal rules
consistent with this section to implement enforcement procedures,
including but not limited to training for security personnel and law
enforcement officers.
F. 1. Upon confirmation of intoxication during official
legislative duties through Breathalyzer testing, witness testimony,
or video documentation, and after exhaustion of appeals within the
chamber’s ethics process, the member shall be referred to a court of
competent jurisdiction for removal proceedings pursuant to Section
1181 of Title 22 of the Oklahoma Statutes.
2. Consistent with Article II, Section 11 of the Oklahoma
Constitution, documented drunkenness or excessive use of
intoxication liquors while in office shall constitute sufficient
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cause for removal from office through conviction in a court of law
or recall election as provided by law.
3. The President Pro Tempore of the Senate or the Speaker of
the House of Representatives shall notify the Attorney General of
any confirmed violation involving refusal of Breathalyzer testing or
multiple violations for potential civil proceedings pursuant to
Section 94 of Title 51 of the Oklahoma Statutes.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-2200 BLB 1/13/2026 7:12:46 PM