Alcoholic beverages; prohibiting retailer from shipping alcoholic beverages; allowing Attorney General to enforce provisions; allowing ABLE Commission to initiate investigations; creating revolving fund. Effective date. Emergency.

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ENGROSSED SENATE
BILL NO. 1767 By: Coleman of the Senate

and

Pfeiffer of the House

An Act relating to alcoholic beverages; prohibiting
certain retailer from shipping certain alcoholic
beverages in this state; allowing the Attorney
General to bring civil action; allowing the Attorney
General to initiate certain proceedings; allowing the
Alcoholic Beverage Laws Enforcement Commission to
initiate investigations; requiring the Commission to
assist the Attorney General; establishing certain
civil penalty; establishing certain separate
violations; requiring the Attorney General or
Commission to issue certain notice; creating the
Alcohol Enforcement and Regulatory Revolving Fund;
providing for codification; providing an effective
date; 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 3-128 of Title 37A, unless there
is created a duplication in numbering, reads as follows:
A. No person or retailer licensed outside of this state shall
ship, cause to be shipped, or facilitate the shipment of alcoholic
beverages to any resident of this state or receive payments for or
fulfill any orders of alcoholic beverages destined for delivery
within this state unless otherwise permitted by law.
B. The Attorney General may:

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1. Bring civil action in federal district court pursuant to 27
U.S.C., Section 122a, seeking injunctive relief against any person
or entity in violation of this section; or
2. Initiate proceedings in state court to enforce compliance
and assess civil penalties.
C. The Alcoholic Beverage Laws Enforcement Commission may
initiate investigations and shall assist the Attorney General with
investigations, issue cease and desist orders, and share evidence
with the Attorney General.
D. Any out-of-state retailer in violation of the provisions of
this act may be subject to the greater of:
1. A civil penalty not less than Five Thousand Dollars
($5,000.00) and not more than Twenty-five Thousand Dollars
($25,000.00) per violation; or
2. Treble damages equivalent to the retail value of the
alcoholic beverages shipped.
E. Each shipment shall constitute a separate violation of this
section.
F. Prior to initiating civil action, the Attorney General or
the Commission shall issue a written notice of violation to the out-
of-state retailer, requiring cessation of any shipments in violation
of this act within five (5) calendar days and notifying such
retailer that failure to comply shall trigger formal enforcement.

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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-129 of Title 37A, unless there
is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Alcoholic Beverage Laws Enforcement Commission to be
designated the “Alcohol Enforcement and Regulatory Revolving Fund”.
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Commission pursuant to subsection D of Section 1 of this act for the
purpose of supporting legal enforcement actions of the Commission,
enhancing compliance efforts and interstate coordination, and
funding public education campaigns discouraging unlawful shipments
of alcoholic beverages. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
Commission for the purpose provided for in this section.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 3. This act shall become effective July 1, 2026.
SECTION 4. 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.

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Passed the Senate the 25th day of March, 2026.

Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________,
2026.

Presiding Officer of the House
of Representatives