Bill Text For SB1767 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                          February 12, 2026                            |
 2|                             AS AMENDED                                |
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 3|SENATE BILL NO. 1767                 By: Coleman                       |
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 6|       [ alcoholic beverages - shipping - civil action -               |
  |       proceedings - investigations - civil penalty -                  |
 7|       violations - notice - Revolving Fund - codification -           |
  |       effective date -           emergency ]                          |
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11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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12|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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13|in the Oklahoma Statutes as Section 3-128 of Title 37A, unless there   |
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14|is created a duplication in numbering, reads as follows:               |
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15|    A.  No person or retailer licensed outside of this state shall     |
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16|ship, cause to be shipped, or facilitate the shipment of alcoholic     |
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17|beverages to any resident of this state or receive payments for or     |
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18|fulfill any orders of alcoholic beverages destined for delivery        |
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19|within this state unless otherwise permitted by law.                   |
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20|    B.  The Attorney General may:                                      |
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21|    1.  Bring civil action in federal district court pursuant to 27    |
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22|U.S.C., Section 122a, seeking injunctive relief against any person     |
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23|or entity in violation of this section; or                             |
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arsid5054880 SENATE FLOOR VERSION - SB1767 SFLR                    Page 1
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 1|    2.  Initiate proceedings in state court to enforce compliance      |
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 2|and assess civil penalties.                                            |
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 3|    C.  The Alcoholic Beverage Laws Enforcement Commission may         |
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 4|initiate investigations and shall assist the Attorney General with     |
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 5|investigations, issue cease and desist orders, and share evidence      |
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 6|with the Attorney General.                                             |
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 7|    D.  Any out-of-state retailer in violation of the provisions of    |
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 8|this act may be subject to the greater of:                             |
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 9|    1.  A civil penalty not less than Five Thousand Dollars            |
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10|($5,000.00) and not more than Twenty-five Thousand Dollars             |
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11|($25,000.00) per violation; or                                         |
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12|    2.  Treble damages equivalent to the retail value of the           |
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13|alcoholic beverages shipped.                                           |
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14|    E.  Each shipment shall constitute a separate violation of this    |
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15|section.                                                               |
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16|    F.  Prior to initiating civil action, the Attorney General or      |
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17|the Commission shall issue a written notice of violation to the        |
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18|out-of-state retailer, requiring cessation of any shipments in         |
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19|violation of this act within five (5) calendar days and notifying      |
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20|such retailer that failure to comply shall trigger formal              |
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21|enforcement.                                                           |
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22|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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23|in the Oklahoma Statutes as Section 3-129 of Title 37A, unless there   |
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24|is created a duplication in numbering, reads as follows:               |
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arsid5054880 SENATE FLOOR VERSION - SB1767 SFLR                    Page 2
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 1|    There is hereby created in the State Treasury a revolving fund     |
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 2|for the Alcoholic Beverage Laws Enforcement Commission to be           |
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 3|designated the "Alcohol Enforcement and Regulatory Revolving Fund".    |
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 4|The fund shall be a continuing fund, not subject to fiscal year        |
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 5|limitations, and shall consist of all monies received by the           |
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 6|Commission pursuant to subsection D of Section 1 of this act for the   |
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 7|purpose of supporting legal enforcement actions of the Commission,     |
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 8|enhancing compliance efforts and interstate coordination, and          |
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 9|funding public education campaigns discouraging unlawful shipments     |
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10|of alcoholic beverages.  All monies accruing to the credit of the      |
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11|fund are hereby appropriated and may be budgeted and expended by the   |
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12|Commission for the purpose provided for in this section.               |
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13|Expenditures from the fund shall be made upon warrants issued by the   |
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14|State Treasurer against claims filed as prescribed by law with the     |
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15|Director of the Office of Management and Enterprise Services for       |
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16|approval and payment.                                                  |
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17|    SECTION 3.  This act shall become effective July 1, 2026.          |
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18|    SECTION 4.  It being immediately necessary for the preservation    |
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19|of the public peace, health or safety, an emergency is hereby          |
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20|declared to exist, by reason whereof this act shall take effect and    |
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21|be in full force from and after its passage and approval.              |
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22|COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE               |
  |February 12, 2026 - DO PASS AS AMENDED                                 |
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arsid5054880 SENATE FLOOR VERSION - SB1767 SFLR                    Page 3
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