Read the full stored bill text
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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 2054 By: Guthrie
AS INTRODUCED
An Act relating to abortion; creating the Oklahoma
Mother and Child Protection Act; providing short
title; defining terms; limiting applicability of act;
providing certain construction; prohibiting
manufacture or provision of abortion-inducing drugs;
limiting effect of prohibition; providing for and
prohibiting certain enforcement; authorizing certain
qui tam actions; specifying conditions for bringing
qui tam action; prohibiting certain actions and
litigation; specifying deadline for certain actions;
voiding certain waivers; creating and prohibiting
certain affirmative defenses; specifying burden of
proof; directing and prohibiting award of certain
relief; prohibiting certain acts by public entities;
specifying jurisdiction; specifying applicability of
certain provisions; defining term; specifying
applicability of certain laws; directing award of
certain relief; prohibiting enforcement of certain
judgments; prohibiting certain defenses; providing
certain exceptions; providing certain immunities;
providing for application of immunities; prohibiting
certain acts by attorneys and courts; providing
certain construction; providing for severability;
expressing legislative intent and declarations;
providing for certain interpretation and enforcement;
providing for noncodification; providing for
codification; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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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 “Oklahoma Mother
and Child Protection Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.61 of Title 63, unless
there is created a duplication in numbering, reads as follows:
1. “Abortion” means the use or prescription of any instrument,
medicine, drug, or any other substance or device intentionally to
terminate the pregnancy of a female known to be pregnant with an
intention other than to increase the probability of a live birth, to
preserve the life or health of the child after live birth, to remove
an ectopic pregnancy, or to remove a dead unborn child who died as
the result of a spontaneous miscarriage, accidental trauma, or a
criminal assault on the pregnant female or her unborn child; and
2. “Abortion-inducing drug” means a medicine, drug, or any
other substance prescribed or dispensed with the intent of
terminating the pregnancy of a woman known to be pregnant, with
knowledge that the termination will with reasonable likelihood cause
the death of the unborn child. This includes the off-label use of
drugs known to have abortion-inducing properties, which are
prescribed specifically with the intent of causing an abortion, such
as mifepristone (Mifeprex), misoprostol (Cytotec), and methotrexate.
This definition does not apply to drugs that may be known to cause
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an abortion, but which are prescribed for other medical indications,
such as chemotherapeutic agents and diagnostic drugs. The use of
such drugs to induce abortion is also known as “medical”,
“medication”, “RU–486”, “chemical”, “Mifeprex regimen”, or “drug-
induced” abortion.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.62 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. This act does not apply to and a civil action under this act
may not be brought against a person who manufactures, distributes,
mails, transports, delivers, prescribes, provides, or possesses
abortion-inducing drugs in this state solely for one or more of the
following purposes:
1. Treating a life-threatening medical condition through an
abortion performed under Section 861 of Title 21 of the Oklahoma
Statutes;
2. Removing an ectopic pregnancy;
3. Removing a dead, unborn child who died as the result of a
spontaneous miscarriage, accidental trauma, or a criminal assault on
the pregnant female or her unborn child; or
4. A purpose that does not include performing, inducing,
attempting, or assisting an abortion, other than an abortion
performed to preserve the life of a pregnant woman as provided by
Section 861 of Title 21 of the Oklahoma Statutes.
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B. This act may not be construed to require the actual
performance, inducement, or attempted performance of an abortion in
order for a person to bring a civil action authorized by this act.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.63 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Except as provided by subsection B of this section or
Section 3 of this act, a person may not:
1. Manufacture or distribute an abortion-inducing drug in this
state;
2. Mail, transport, deliver, prescribe, or provide an abortion-
inducing drug in any manner to or from any person or location in
this state; or
3. Aid or abet any person in any of the acts described in
paragraph 1 or 2 of this subsection including, but not limited to,
knowingly providing financial assistance or transport to a person
who intends to engage an act described in paragraph 1 or 2 of this
subsection or otherwise furnishing the means to procure an abortion-
inducing drug in violation of state law.
B. Subsection A of this section does not prohibit:
1. Speech or conduct protected by the First Amendment to the
United States Constitution, as made applicable to the states through
the United States Supreme Court’s interpretation of the Fourteenth
Amendment to the United States Constitution, or protected by Section
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22 of Article II of the Oklahoma Constitution;
2. Conduct a pregnant woman engages in during the course of
aborting or attempting to abort the woman’s unborn child;
3. The manufacture, distribution, mailing, transport, delivery,
prescribing, provision, or possession of an abortion-inducing drug
solely for one or more of the purposes described by subsection A of
Section 3 of this act; or
4. Conduct a person engages in under the direction of a federal
agency, contractor, or employee to carry out a duty under federal
law, if prohibiting that conduct would violate the doctrine of
preemption or intergovernmental immunity.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.64 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. This act may be enforced only through a qui tam action
brought under Section 6 of this act.
B. No other direct or indirect enforcement of this act may be
taken or threatened by this state, a political subdivision of this
state, a district or county attorney, or any officer or employee of
this state or a political subdivision of this state against any
person, by any means whatsoever, except as provided in this act.
C. This section does not preclude or limit the enforcement of
any other law or regulation against conduct that is independently
prohibited by the other law or regulation and that would remain
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prohibited by the other law or regulation in the absence of this
act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.65 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. A person, other than this state, a political subdivision of
this state, or an officer or employee of this state or a political
subdivision of this state, has standing to bring and may bring a qui
tam action against a person who:
1. Violates Section 4 of this act; or
2. Intends to violate Section 4 of this act.
B. An action brought under this section shall be brought in the
name of the qui tam relator, who is an assignee of this state’s
claim for relief. Notwithstanding any other law, the transfer of
this state’s claim to the qui tam relator is absolute, with the
state retaining no interest in the subject matter of the claim.
C. A qui tam relator may not bring an action under this section
if the action is preempted by 47 U.S.C., Section 230(c).
D. A qui tam action may not be brought under this section:
1. Against a woman for using, obtaining, or seeking to obtain
abortion-inducing drugs to abort or attempt to abort her unborn
child;
2. Against a person acting under the direction of a federal
agency, contractor, or employee who is carrying out a duty under
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federal law if the imposition of liability would violate the
doctrine of preemption or intergovernmental immunity;
3. By any person who:
a. impregnated a woman through conduct constituting
sexual assault under Section 112 of Title 21 of the
Oklahoma Statutes,
b. committed an offense for which an affirmative finding
of domestic abuse was made under Section 644 of Title
21 of the Oklahoma Statutes,
c. provided an abortion-inducing drug to a pregnant woman
for the purpose of performing, inducing, or attempting
an abortion without the woman’s consent or knowledge,
d. has been convicted of an offense under Section 1173 of
Title 21 of the Oklahoma Statutes, or
e. acts in concert or participation with a person
described by this subdivision;
4. Against a transportation network company (TNC) or a TNC
driver for using a transportation network company’s digital network
to provide a prearranged ride. As used in this paragraph, the terms
“transportation network company (TNC)”, “TNC driver”, “digital
network”, and “prearranged ride” have the same meanings as provided
by Section 1011 of Title 47 of the Oklahoma Statutes;
5. Against a courier application service (CAS) or a CAS driver
for using a delivery network company’s digital network to provide
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courier service. As used in this paragraph, the terms “courier
application service (CAS)”, “CAS driver”, “digital network”, and
“courier service” have the same meanings as provided by Section 1071
of Title 47 of the Oklahoma Statutes;
6. Against a person to whom this act does not apply and against
whom a civil action under this act may not be brought under
subsection A of Section 3 of this act;
7. Against a health care provider, unless the qui tam relator
pleads and proves that the provider engaged in conduct constituting
a violation of Section 4 of this act while located outside this
state; or
8. Against a pharmaceutical manufacturer, pharmaceutical
distributor, or common carrier, including an air carrier conducting
domestic or flag operations under 14 C.F.R., Part 121 or a foreign
air carrier conducting scheduled operations under 14 C.F.R., Part
129, unless the qui tam relator pleads and proves that the defendant
failed to adopt and implement a policy to not distribute, mail,
transport, deliver, provide, or possess abortion-inducing drugs
other than for one or more of the purposes described by subsection A
of Section 3 of this act.
E. Notwithstanding any other law, including rules of civil
procedure adopted under Title 12 of the Oklahoma Statutes, an action
brought under this section may not be litigated on behalf of a
claimant class or a defendant class, and a court may not certify a
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class in the action.
F. A person may bring an action under this section not later
than the sixth anniversary of the date the cause of action accrues.
G. Notwithstanding any other provision of law, any waiver or
purported waiver of the right to sue under this section shall be
void as against public policy, and shall not be enforceable in any
court.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.66 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. It is an affirmative defense to an action brought under
Section 6 of this act that the defendant:
1. Was unaware the defendant was engaged in the conduct
prohibited under Section 4 of this act; and
2. Took reasonable precautions to ensure the defendant would
not violate Section 4 of this act.
B. It is an affirmative defense to an action brought under
Section 6 of this act that:
1. The imposition of civil liability on the defendant will
violate the defendant’s rights under federal law, including the
United States Constitution;
2. The defendant:
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a. has standing to assert the rights of a third party
under the tests for third-party standing established
by the United States Supreme Court, and
b. demonstrates that the imposition of civil liability on
the defendant will violate the third party’s rights
under federal law, including the United States
Constitution;
3. The imposition of civil liability on the defendant will
violate the defendant’s rights under the Oklahoma Constitution; or
4. The imposition of civil liability on the defendant will
violate limits on extraterritorial jurisdiction imposed by the
United States Constitution or the Oklahoma Constitution.
C. The defendant has the burden of proving an affirmative
defense under this section by a preponderance of the evidence.
D. The following are not defenses to an action brought under
Section 6 of this act:
1. A defendant’s ignorance or mistake of law, including a
defendant’s mistaken belief that the requirements or provisions of
this act are unconstitutional or were unconstitutional;
2. A defendant’s reliance on a court decision that has been
vacated, reversed, or overruled on appeal or by a subsequent court,
even if the court decision had not been vacated, reversed, or
overruled when the cause of action accrued;
3. A defendant’s reliance on a state or federal court decision
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that is not binding on the court in which the action has been
brought;
4. A defendant’s reliance on a federal agency rule or action
that has been repealed, superseded, or declared invalid or
unconstitutional, even if the federal agency rule or action had not
been repealed, superseded, or declared invalid or unconstitutional
when the cause of action accrued;
5. The laws of another state or jurisdiction, including an
abortion shield law, unless the Oklahoma Constitution or federal law
compels the court to enforce that law;
6. Nonmutual issue preclusion or nonmutual claim preclusion;
7. Sovereign immunity, governmental immunity, or official
immunity, other than sovereign immunity, governmental immunity, or
official immunity applicable to:
a. a hospital owned, maintained, or operated by this
state that facilitates the availability of or makes
available abortion-inducing drugs solely for one or
more of the purposes described by subsection A of
Section 3 of this act,
b. a political subdivision of this state, including a
hospital district, that facilitates the availability
of or makes available abortion-inducing drugs solely
for one or more of the purposes described by
subsection A of Section 3 of this act, or
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c. a health care provider employed by a hospital owned or
operated by this state or a political subdivision of
this state, including a hospital district, acting
within the scope of the provider’s employment who
prescribes, distributes, administers, or otherwise
makes available abortion-inducing drugs solely for one
or more of the purposes described by subsection A of
Section 3 of this act;
8. A claim that the enforcement of this act or the imposition
of civil liability against the defendant will violate the
constitutional or federally protected rights of third parties,
except as provided by subsection B of this section; or
9. Consent to the abortion by the claimant or the unborn
child’s mother.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.67 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Notwithstanding any other law, if a qui tam relator prevails
in an action brought under Section 6 of this act, the court shall
award to the relator:
1. Injunctive relief sufficient to prevent the defendant from
violating Section 4 of this act;
2. An amount not less than One Hundred Thousand Dollars
($100,000.00) for each violation of Section 4 of this act; and
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3. Costs and reasonable attorney fees.
B. A court may not award relief under paragraph 2 or 3 of
subsection A of this section in response to a violation of Section 4
of this act if the defendant demonstrates that:
1. A court previously ordered the defendant to pay an amount
under paragraph 2 of subsection A of this section in another action
for that particular violation; and
2. The court order described by paragraph 1 of this subsection
has not been vacated, reversed, or overturned.
C. A court may not award costs or attorney fees to a defendant
against whom an action is brought under Section 6 of this act.
D. Subsection C of this section does not preclude a court from
sanctioning a litigant or attorney for frivolous, malicious, or bad-
faith conduct.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.68 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. This state, a political subdivision of this state, or an
officer or employee of this state or a political subdivision of this
state may not:
1. Act in concert or participation with a qui tam relator
bringing an action under Section 6 of this act;
2. Establish or attempt to establish any type of agency or
fiduciary relationship with a qui tam relator bringing an action
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under Section 6 of this act;
3. Attempt to control or influence a person’s decision to bring
an action under Section 6 of this act or that person’s conduct of
the litigation; or
4. Intervene in an action brought under Section 6 of this act.
B. This section does not prohibit this state, a political
subdivision of this state, or an officer or employee of this state
or a political subdivision of this state from filing an amicus
curiae brief in an action brought under Section 6 of this act if
this state, the political subdivision, the officer, or the employee
does not act in concert or participation with the qui tam relator.
C. Notwithstanding any other law, a civil action under this
section shall not be subject to any provision of the Oklahoma
Citizens Participation Act, Section 1430 et seq. of Title 12 of the
Oklahoma Statutes, and shall not be subject to any provision of the
Oklahoma Religious Freedom Act, Section 251 et seq. of Title 51 of
the Oklahoma Statutes.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.69 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Notwithstanding any other law, the courts of this state have
personal jurisdiction over a defendant sued under Section 6 of this
act to the maximum extent permitted by the Fourteenth Amendment to
the United States Constitution, and the defendant may be served
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outside this state.
B. Notwithstanding any other law, the law of this state applies
to an action brought under Section 6 of this act to the maximum
extent permitted by the Oklahoma Constitution and federal law,
including the United States Constitution.
C. Notwithstanding any other law, any contractual provision
that requires or purports to require application of the laws of a
different jurisdiction, or that requires or purports to require a
qui tam action under Section 6 of this act to be litigated in a
particular forum, is void based on this state’s public policy and is
not enforceable in any court.
D. Notwithstanding any other law, a court may not apply the law
of another state or jurisdiction to any qui tam action brought under
Section 6 of this act unless the Oklahoma Constitution or federal
law compels the court to apply that law.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.70 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. For purposes of this section, the term “clawback provision”
refers to any law of another state or jurisdiction that authorizes
the bringing of a civil action against a person for:
1. Bringing or engaging in an action authorized by this act,
including subsection F of this section;
2. Bringing or engaging in an action that alleges a violation
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of Section 4 of this act;
3. Attempting, intending, or threatening to bring or engage in
an action described by paragraph 1 or 2 of this subsection; or
4. Providing legal representation or any type of assistance to
a person who brings or engages in an action described by paragraph 1
or 2 of this subsection.
B. Notwithstanding any other law and except as otherwise
provided by federal law or the Oklahoma Constitution, the laws of
this state apply to:
1. Conduct described by subsection A of this section;
2. An action brought against a person for engaging in conduct
described by subsection A of this section;
3. An action brought under a clawback provision against a
resident of this state; and
4. An action brought under subsection F of this section.
C. Notwithstanding any other law, in an action described by
paragraph 1 or 2 of subsection A of this section, the court shall,
on request, issue a temporary, preliminary, or permanent injunction
that restrains each defendant in the action, each person in privity
with the defendant, and each person with whom the defendant is in
active concert or participation from:
1. Bringing an action under any clawback provision against a
claimant or prosecutor, a person in privity with the claimant or
prosecutor, or a person providing legal representation or any type
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of assistance to the claimant or prosecutor; and
2. Continuing to litigate an action under any clawback
provision that has been brought against a claimant or prosecutor, a
person in privity with the claimant or prosecutor, or a person
providing legal representation or any type of assistance to the
claimant or prosecutor.
D. Notwithstanding any other law, the doctrines of res judicata
and collateral estoppel preclude a defendant against whom a judgment
is entered in an action described by paragraph 1 or 2 of subsection
A of this section and each person in privity with the defendant from
litigating or relitigating any claim or issue under any clawback
provision against a claimant, prosecutor, or person in privity with
the claimant or prosecutor that was raised or could have been raised
as a claim, cross-claim, counterclaim, or affirmative defense under
the federal or this state’s rules of civil procedure.
E. Notwithstanding any other law, a court of this state may not
enforce an out-of-state judgment obtained in an action brought under
a clawback provision unless federal law or the Oklahoma Constitution
requires the court to enforce the judgment.
F. Notwithstanding any other law, if an action is brought or
judgment is entered against a person under a clawback provision
based wholly or partly on the person’s decision to engage in conduct
described by subsection A of this section, that person is entitled
to injunctive relief and damages from any person who brought the
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action or obtained the judgment or who sought to enforce the
judgment. Notwithstanding any other law, the relief described by
this subsection must include:
1. Compensatory damages, including money damages in an amount
equal to the judgment damages and costs, expenses, and reasonable
attorney fees spent in defending the action;
2. Costs, expenses, and reasonable attorney fees incurred in
bringing an action under this subsection;
3. Additional amounts consisting of the greater of:
a. twice the sum of the damages, costs, expenses, and
fees described by paragraphs 1 and 2 of this
subsection, or
b. One Hundred Thousand Dollars ($100,000.00); and
4. Injunctive relief that restrains each person who brought the
action under the clawback provision, each person in privity with the
person, and each person acting in concert or participation with the
person from:
a. bringing further actions under any clawback provision
against the person against whom the action was
brought, each person in privity with the person, or
any person providing legal representation or any type
of assistance to the person,
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b. continuing to litigate any actions brought under a
clawback provision against the persons described by
subparagraph a of this paragraph, and
c. enforcing or attempting to enforce any judgment
obtained in any actions brought under a clawback
provision against the persons described by
subparagraph a of this paragraph.
G. It is not a defense to an action brought under subsection F
of this section that:
1. The claimant failed to seek recovery under subsection F of
this section in an action brought against the claimant under a
clawback provision; or
2. A court in a preceding action brought against the claimant
declined to recognize or enforce subsection F of this section or
held any provision of that subsection invalid, unconstitutional, or
preempted by federal law, notwithstanding the doctrines of issue or
claim preclusion.
H. Notwithstanding any other law, an action brought under
subsection F of this section shall not be subject to any provision
of the Oklahoma Citizens Participation Act, Section 1430 et seq. of
Title 12 of the Oklahoma Statutes, and shall not be subject to any
provision of the Oklahoma Religious Freedom Act, Section 251 et seq.
of Title 51 of the Oklahoma Statutes.
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SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.71 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Notwithstanding any other law, the state shall have
sovereign immunity, each of its political subdivisions shall have
governmental immunity, and each officer and employee of this state
or a political subdivision shall have official immunity, as well as
sovereign or governmental immunity, as appropriate, in any action,
claim, counterclaim, or any type of legal or equitable action that
challenges the validity of any provision or application of this act,
on constitutional grounds or otherwise, or that seeks to prevent or
enjoin the state, its political subdivisions, or any officer or
employee of this state or a political subdivision from enforcing any
provision or application of this act, or from hearing, adjudicating,
or docketing an action brought under Section 6 or Section 7 of this
act, unless that immunity has been abrogated or preempted by federal
law in a manner consistent with the Constitution of the United
States. The sovereign immunity conferred by this section upon the
state and each of its officers and employees includes the
constitutional sovereign immunity recognized by the Supreme Court of
the United States in Seminole Tribe of Florida v. Florida, 517 U.S.
44 (1996), and Alden v. Maine, 527 U.S. 706 (1999), which applies in
both state and federal court and which may not be abrogated by
Congress or by any state or federal court except pursuant to
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congressional legislation authorized by Section 5 of the Fourteenth
Amendment, by the Bankruptcy Clause of Article I, or by Congress’s
powers to raise and support Armies and to provide and maintain a
Navy, or by any other ground that might be recognized by the Supreme
Court of the United States.
B. Notwithstanding any other law to the contrary, the
immunities conferred by subsection A of this section shall apply in
every court, both state and federal, and in every adjudicative
proceeding of any type whatsoever.
C. Notwithstanding any other law, no provision of state law may
be construed to waive or abrogate an immunity described in
subsection A of this section unless it expressly waives or abrogates
immunity with specific reference to this section.
D. Notwithstanding any other law, no attorney representing the
state, its political subdivisions, or any officer or employee of
this state or a political subdivision is authorized or permitted to
waive an immunity described in subsection A of this section or take
any action that would result in a waiver of that immunity, and any
such action or purported waiver shall be regarded as a legal nullity
and an ultra vires act.
E. Notwithstanding any other law, no court of this state may
award declaratory or injunctive relief, or any type of stay or writ,
including a writ of prohibition, that would pronounce any provision
or application of this act invalid or unconstitutional, or that
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would restrain the state, its political subdivisions, any officer,
employee, or agent of this state or a political subdivision, or any
person from enforcing any provision or application of this act, or
from hearing, adjudicating, docketing, or filing an action brought
under Section 6 or Section 7 of this act, and no court of this state
shall have jurisdiction to consider any action, claim, or
counterclaim that seeks such relief, and no such action, claim, or
counterclaim may be litigated on behalf of a plaintiff or defendant
class, notwithstanding Section 2023 of Title 12 of the Oklahoma
Statutes and Rule 23 of the Oklahoma Rules of Civil Procedure, and
no court may certify a plaintiff or defendant class in any action
seeking the relief described in this subsection.
F. Nothing in this section or this act shall be construed to
prevent a litigant from asserting the invalidity or
unconstitutionality of any provision or application of this act as a
defense to any action, claim, or counterclaim brought against that
litigant.
SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-745.72 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Mindful of Brockett v. Spokane Arcades, Inc., 472 U.S. 491,
501, 506 & n.14 (1985), in which in the context of determining the
severability of a state statute the Supreme Court of the United
States held that an explicit statement of legislative intent is
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controlling, even when the statute is attacked under the overbreadth
doctrine, it is the intent of the legislature that every single
provision, section, subsection, sentence, clause, phrase, or word in
this section, and every single application of the every provision,
section, subsection, sentence, clause, phrase, or word in this act
to every discrete person, group of persons, or circumstances, are
severable from each other.
B. If any application of any provision, section, subsection,
sentence, clause, phrase, or word in this act to any person, group
of persons, or circumstances is found by a court to be invalid,
preempted, or unconstitutional, for any reason whatsoever, then the
remaining applications of that provision, section, subsection,
sentence, clause, phrase, or word to all other persons and
circumstances shall be severed and preserved, and shall remain in
effect. All constitutionally valid applications of the provisions,
sections, subsections, sentences, clauses, phrases, or words in this
act shall be severed from any applications that a court finds to be
invalid, preempted, or unconstitutional, because it is the
Legislature's intent and priority that every single valid
application of every provision, section, subsection, sentence,
clause, phrase, or word in this act be allowed to stand alone. Even
if the court concludes that a substantial number of the applications
of any provision, section, subsection, sentence, clause, phrase, or
word in this act are unconstitutional, judged in relation to its
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plainly legitimate sweep, the applications of that provision,
section, subsection, sentence, clause, phrase, or word that do not
violate the Constitution shall be severed from the remaining
applications and shall remain in force, and shall be treated as if
the Legislature had enacted a provision, section, subsection,
sentence, clause, phrase, or word limited to the persons, groups of
persons, or circumstances for which its application does not violate
the Constitution.
C. The Legislature further declares that it would have enacted
this act, and each provision, section, subsection, sentence, clause,
phrase, or word, and all constitutional applications of the
provisions, sections, subsections, sentences, clauses, phrases, and
words of this act, irrespective of the fact that any provision,
section, subsection, sentence, clause, phrase, or word, or any
applications of the provisions, sections, subsections, sentences,
clauses, phrases, and words of this act, were to be declared
invalid, preempted, or unconstitutional.
D. If any provision, section, subsection, sentence, clause,
phrase, or word of this of this act is found by any court to be
unconstitutionally vague, then the applications of that provision,
section, subsection, sentence, clause, phrase, or word that do not
present constitutional vagueness problems shall be severed and
remain in force, consistent with the severability requirements of
subsections A, B, and C of this section.
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E. No court may decline to enforce the severability
requirements of subsections A, B, C, and D of this section on the
ground that severance would “rewrite” the statute or involve the
court in legislative or lawmaking activity. A court that declines
to enforce or enjoins a state official from enforcing a statutory
provision is never rewriting a statute or engaging in legislative or
lawmaking activity, as the statute continues to contain the same
words as before the court's decision. A judicial injunction or
declaration of unconstitutionality:
1. Is nothing more than an edict prohibiting enforcement of the
disputed statute against the named parties to that lawsuit, which
may subsequently be vacated by a later court if that court has a
different understanding of the requirements of the Oklahoma
Constitution or United States Constitution;
2. Is not a formal amendment of the language in a statute; and
3. No more rewrites a statute than a decision by the executive
not to enforce a duly enacted statute in a limited and defined set
of circumstances.
F. If any state or federal court disregards any of the
severability requirements in subsections A, B, C, D, or E of this
section, and declares or finds any provision, section, subsection,
sentence, clause, phrase, or word of this act facially invalid,
preempted, or unconstitutional, when there are discrete applications
of that provision, section, subsection, sentence, clause, phrase, or
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word can be enforced against a person, group of persons, or
circumstances without violating federal law or the federal or state
constitutions, then that provision, section, subsection, sentence,
clause, phrase, or word shall be interpreted, as a matter of state
law, as if the legislature had enacted a provision, section,
subsection, sentence, clause, phrase, or word limited to the
persons, group of persons, or circumstances for which its
application will not violate federal law or the federal or state
constitutions, and every court and every state official shall adopt
this saving construction of that provision, section, subsection,
sentence, clause, phrase, or word until the court ruling that
pronounced the provision, section, subsection, sentence, clause,
phrase, or word facially invalid, preempted, or unconstitutional is
vacated or overruled.
SECTION 14. 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.
60-2-2202 DC 1/15/2026 11:18:01 AM