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Oklahoma Legislature· HB 3960Referred to Business

An act relating to technology, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                            STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3960            By: Munson

4

5

6                            AS INTRODUCED

7   An Act relating to technology; creating the Safe

    Stores are Staffed Stores Act; providing definitions;

8   directing drug retail and food retail establishments

    to provide one employee for every four self-service

9   checkouts; directing establishments to establish and

    implement fifteen item limit at self-service

10  checkouts; directing establishments to have policy

    that prohibits customers from using a self-service

11  checkout for items that require identification and

    items subject to special theft-deterrent measures;

12  requiring posting of signage; requiring self-service

    checkouts to be located to enable observation by

13  employees and local law enforcement; requiring

    establishments to have at least one employee assigned

14  to monitor self-service checkout operation during

    business hours; creating a private right of action;

15  establishing a civil penalty; permitting awarding

    attorney fees and court costs; establishing

16  protections for employees; providing for

    codification; and providing an effective date.

17

18

19

20 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

21  SECTION 1.      NEW LAW  A new section of law to be codified

22 in the Oklahoma Statutes as Section 200 of Title 75A, unless there

23 is created a duplication in numbering, reads as follows:

24

    Req. No. 15034                                           Page 1
1   This act shall be known and may be cited as the "Safe Stores are

2 Staffed Stores Act".

3   SECTION 2.      NEW LAW  A new section of law to be codified

4 in the Oklahoma Statutes as Section 201 of Title 75A, unless there

5 is created a duplication in numbering, reads as follows:

6   As used in this act:

7   1. "Customer" means an individual who buys consumer goods from

8 a drug retail establishment or food retail establishment;

9   2. "Drug retail establishment" means a retail store that sells

10 a variety of prescription and nonprescription medicines and

11 miscellaneous items, including drugs, pharmaceuticals, sundries,

12 fresh produce, meats, poultry, fish, deli products, dairy products,

13 canned foods, dry foods, beverages, prepared foods, and other

14 merchandise;

15  3. "Employee" means an individual employed by and on the direct

16 payroll of a drug retail establishment or food retail establishment,

17 but does not include independent contractors, workers hired through

18 a third-party agency, managers, supervisors, or confidential

19 employees;

20  4. "Food retail establishment" means a retail store that is

21 either:

22          a. over fifteen thousand (15,000) square feet in size and

23               sells primarily household foodstuff for offsite

24               including fresh produce, meats, poultry, fish, deli

    Req. No. 15034                                                Page 2
1   products, dairy products, canned foods, dry foods,

2   beverages, baked foods or prepared foods (other

3   household supplies or products are secondary to the

4   primary purpose of food sales), or

5   b. over eighty-five thousand (85,000) square feet and

6   with ten percent (10%) of their sales floor area

7   dedicated to the sale of nontaxable merchandise

8   including the sale of fresh produce, meats, poultry,

9   fish, deli products, dairy products, canned foods, dry

10  foods, beverages, baked foods or prepared foods;

11  5. "Staffed checkout station" means a station that is not a

12 self-service checkout and at which an employee provides human

13 assistance to a customer for scanning, bagging, or accepting payment

14 for the customer's purchases;

15  6. "Self-service checkout" means the automated processes that

16 enable customers to scan, bag, and pay for their purchases without

17 human assistance, including, but not limited to, fixed self-

18 checkout, scan-and-go self-checkout, or mobile self-checkout; and

19  7. "Self-service checkout station" means a station at a fixed

20 location within a drug retail establishment or food retail

21 establishment at which a customer can engage in a self-service

22 checkout for the customer's purchases.

23

24

    Req. No. 15034                                                 Page 3
1   SECTION 3.      NEW LAW  A new section of law to be codified

2 in the Oklahoma Statutes as Section 202 of Title 75A, unless there

3 is created a duplication in numbering, reads as follows:

4   A. Drug retail establishments and food retail establishments

5 that provide self-service checkout options shall provide at least

6 one employee for every four (4) self-service checkout station kiosks

7 staffed by an employee that is available during the times that a

8 self-service checkout option is available to customers, and drug

9 retail establishments and food retail establishments shall

10 establish, implement, and advertise limits to self-service checkout

11 to purchases of no more than fifteen (15) items.

12  B. Drug retail establishments and food retail establishments

13 shall have an established workforce policy that prohibits customers

14 from using a self-service checkout station to purchase either of the

15 following:

16  1. Items that require customers to provide a form of

17 identification, including, but not limited to alcohol and tobacco

18 products; or

19  2. Items subject to special theft-deterrent measures that are

20 affixed to the item, including, but not limited to electronic

21 article surveillance, ink or other tags, or items placed in locked

22 cabinets, that require the intervention of an employee to remove

23 them before purchase.

24

    Req. No. 15034                                                Page 4
1   C. Drug retail establishments and food retail establishments

2 shall notify the public of this act by prominently posting signage

3 in a location accessible to customers, which includes either a link

4 or Quick Response (QR) code to a summary of the public's rights

5 under this act and enforcement options available to the public.

6   D. Self-service checkout stations shall be located to enable

7 observation and surveillance from both employees of drug retail

8 establishments and food retail establishments and local law

9 enforcement.

10  E. Drug retail establishments and food retail establishments

11 that provide self-service checkout options shall assign at least one

12 employee to monitor the self-service checkout operation at all times

13 that self-service checkout is in operation during business hours.

14 The assigned employee shall have no other work responsibilities that

15 would interfere with their ability to maintain direct visual

16 inspection and surveillance of the self-service checkout operations.

17  SECTION 4.      NEW LAW  A new section of law to be codified

18 in the Oklahoma Statutes as Section 203 of Title 75A, unless there

19 is created a duplication in numbering, reads as follows:

20  Any customer or employee of a drug retail establishment or food

21 retail establishment may bring a private right of action in the

22 county court of proper jurisdiction against a drug retail

23 establishment or food retail establishment for violating this act

24 and, upon prevailing, may be awarded:

    Req. No. 15034                                                  Page 5
1   1. A civil penalty for each violation of this act of One

2 Hundred Dollars ($100.00) for each employee of the drug retail

3 establishment or food retail establishment. Each day the violation

4 is not cured, the penalty shall increase an additional One Hundred

5 Dollars ($100.00) per employee per day up to a limit of One Thousand

6 Dollars ($1,000.00) per employee per day for each day in which the

7 violation remains uncured; and

8   2. Attorney fees and court costs.

9   SECTION 5.      NEW LAW       A new section of law to be codified

10 in the Oklahoma Statutes as Section 204 of Title 75A, unless there

11 is created a duplication in numbering, reads as follows:

12  No drug retail establishment or food retail establishment shall

13 terminate, reduce in compensation, or otherwise discriminate against

14 any employee in conditions of employment for seeking to enforce

15 their rights under this act by any lawful means, for participating

16 in proceedings related to this act, for opposing any practice

17 proscribed by this act, or for otherwise asserting rights under this

18 act.

19  SECTION 6. This act shall become effective November 1, 2026.

20

21  60-2-15034      MJ       01/05/26

22

23

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    Req. No. 15034                                                  Page 6
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