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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1850 By: Deevers
AS INTRODUCED
An Act relating to labor; creating the Oklahoma
Taxpayer and Citizen Protection Act; providing short
title; stating legislative findings; defining terms;
requiring employers to verify employees upon hiring;
preventing certain employers from hiring employees
upon failure of verification; requiring records to be
kept; authorizing the Office of the Attorney General
to conduct investigations; requiring certain
reporting system to be created; providing penalties
for violation; allowing for appeal of penalties;
requiring database to be maintained; preventing
employers in violation from certain business;
authorizing Attorney General right to entry;
requiring certain conditions for entry; 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 to be codified
in the Oklahoma Statutes as Section 521 of Title 40, unless there is
created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the “Oklahoma
Taxpayer and Citizen Protection Act”.
B. The Legislature finds and declares that:
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1. The state has a legitimate and compelling interest in
protecting the economic opportunity, wages, and job availability of
its citizens and lawful residents by ensuring that employment within
the state complies with existing federal work authorization laws;
2. Employment verification promotes lawful commerce and fair
competition by discouraging unlawful employment practices and
protecting employers who comply with the law from being
disadvantaged by those who do not;
3. The E-Verify system does not create or maintain a standalone
database of employee information, but instead temporarily compares
information already required for employment eligibility verification
against existing federal records maintained by the Social Security
Administration and, when applicable, the Department of Homeland
Security;
4. E-Verify does not require the collection of new personal
data from employees. The system relies solely on information that
the federal government already possesses by law, including name,
date of birth, Social Security number, and, when applicable, work
authorization documentation, and does not expand the scope of
information required from workers;
5. Information submitted through E-Verify is not retained as
part of a permanent employee profile or database. The system
operates as a real-time verification mechanism and does not increase
federal data retention or surveillance of employees; and
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6. E-Verify does not disclose additional personal information
to employers. Employers receive only a confirmation or
disconfirmation indicating whether the information provided matches
existing government records and are not given access to underlying
federal databases or any additional employee data.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 522 of Title 40, unless there is
created a duplication in numbering, reads as follows:
As used in this act:
1. “Employee” means any person who supplies labor for
remuneration to his or her employer in this state;
2. “Employer” means any person, firm, corporation, partnership,
association, nonprofit organization, or public employer, which has
one or more employees within this state, or which has offered or may
offer employment to one or more individuals in this state;
3. “Employment verification” or “E-Verify” means the electronic
verification system operated by the United States Citizenship and
Immigration Services, or its successor program, as authorized by the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
P.L. No. 104-208, 8 U.S.C., Section 1324a; and
4. “Unauthorized worker” means the same as the term
unauthorized alien as defined in 8 U.S.C., Section 1324a(h)(3).
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 523 of Title 40, unless there is
created a duplication in numbering, reads as follows:
A. Except as otherwise provided in subsection B of this
section, all employers shall:
1. Register and create an E-Verify employer account;
2. After hiring an employee, employ the new employee
provisionally until the new employee’s work authorization has been
verified. An employer shall submit a new employee’s name and
information for verification even if the new employee’s employment
is terminated less than three (3) business days after becoming
employed;
3. Not employ an employee upon notice of failure of
verification from E-Verify; and
4. Keep a record of the verification for the duration of the
employee’s employment with the employer or for a minimum of three
(3) years, whichever is longer.
B. An employer shall not be required to comply with the
provisions of subsection A of this section, if:
1. An employee was hired by the employer before the effective
date of this act; or
2. The employer is not required to verify the employee’s status
to work pursuant to federal law.
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C. An employer shall not employ any employee who is an
unauthorized worker as defined in Section 2 of this act. An
employer shall be in violation of this section upon failure to
follow the provisions of this section.
D. Nothing in this act shall absolve an employer’s obligation
to comply with federal immigration laws, including the completion
and maintenance of federal employment verification forms or
documents.
E. An employer who terminates an employee in order to comply
with the provisions of this act shall not be subject to a civil
action for wrongful termination of the employee as otherwise
provided by law.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 524 of Title 40, unless there is
created a duplication in numbering, reads as follows:
A. The Office of the Attorney General shall establish a system
for accepting complaints for individuals in violation of Section 3
of this act. The Attorney General shall not require personal
identifying information to be presented on the complaint by the
complainant. A complainant shall submit the complaint to the
Attorney General. The Attorney General shall investigate any
violation alleged in the complaint submitted to the Office of the
Attorney General.
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1. At his or her discretion, the Attorney General may
investigate a complaint submitted by an anonymous complainant.
2. The Office of the Attorney General shall not investigate any
complaint filed based on race, color, national origin, or any other
discriminatory factors as may be prescribed in Section 1301 et seq.
of Title 25 of the Oklahoma Statutes.
B. If the Office of the Attorney General conducts an
investigation pursuant to this section and determines that
reasonable evidence exists that an employer violated the provisions
of this act, the Attorney General shall:
1. Provide notice of the alleged violation to the employer and
provide the employer with an opportunity to comment;
2. For a first violation or a violation involving a single
unauthorized worker, issue a formal warning letter to the employer
and cease the investigation upon determination by the Attorney
General that the employer presented proof of correction;
3. For a second violation or a violation involving two or more
unauthorized workers, order the employer to pay a fine of Two
Thousand Five Hundred Dollars ($2,500.00) per violation; and
4. For a third or subsequent violation, order the employer to
pay a fine of Five Thousand Dollars ($5,000.00) per violation and
institute proceedings before a court to suspend or revoke any
licenses issued by the state to the employer.
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C. An employer assessed a fine pursuant to this section may
appeal the determination in court but shall pay an appeal bond equal
to the amount of the fine being appealed. If the employer is found
successful in his or her appeal by the court, the bond shall be
released, and the violation shall not be recorded.
D. The Attorney General shall bring proper action against an
employer who fails to pay the fine or fails to appeal the assessment
pursuant to this act. If a court determines that the employer is
liable, the court may assess a fine greater than previously assessed
by the Office of the Attorney General.
E. The Office of the Attorney General shall coordinate with any
applicable agency to maintain a database of employers licensed in
this state that were assessed a fine pursuant to this section. An
employer shall remain in the database for a minimum of one (1) year,
and during that period, the employer shall not be eligible to bid
for or participate in any state contract. After the one-year
period, the employer shall be eligible to bid for and participate in
state contracts following submission by the employer to the Office
of the Attorney General of a sworn affidavit that one (1) year or
more has elapsed since the violation occurred and that the employer
has not violated any provisions of this act during that period.
F. The Attorney General, or his or her inspectors, agents, or
designees, upon proper presentation of credentials to the owner,
manager, or agent of the employer, may enter at reasonable times and
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have the right to question either publicly or privately any
employer, owner, manager, agent of the employer, or employees of the
employer and inspect, investigate, reproduce, or photograph any
records relevant to determining compliance with the provisions of
this act. The Attorney General, or his or her inspectors, agents,
or designees, shall be required to obtain a warrant or subpoena and
provide proper notice to the owner, manager, or agent of the
employer prior to entry to the premises or access to records
relevant to the areas under investigation pursuant to this
subsection. Access to the premises and documentation shall be
limited to the records and areas under investigation pursuant to
violations of this act.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 525 of Title 40, unless there is
created a duplication in numbering, reads as follows:
No city, town, or municipality shall enact an ordinance or
policy, whether written or oral, that limits or otherwise impedes
the efforts of the Office of the Attorney General to enforce the
provisions of this act.
SECTION 6. This act shall become effective November 1, 2026.
60-2-3507 TEK 1/15/2026 12:06:54 AM