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
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1640 By: Jett
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6 AS INTRODUCED
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7 An Act relating to the Legislature; defining terms;
7 prohibiting consumption and possession of alcohol by
8 members of the Legislature while performing official
8 legislative duties; providing punishment for
9 violations; requiring the Legislature to implement
9 rules for enforcement; providing for removal of
10 legislators; requiring certain notice to Attorney
10 General; providing for codification; and declaring an
11 emergency.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. NEW LAW A new section of law to be codified
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16 in the Oklahoma Statutes as Section 466 of Title 74, unless there is
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17 created a duplication in numbering, reads as follows:
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18 A. For purposes of this section:
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19 1. "Alcohol" means any beverage containing more than one-half
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20 of one percent (0.5%) alcohol by volume, including but not limited
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21 to beer, wine, spirits, or any other alcoholic beverage as defined
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22 in Section 1-103 of Title 37A of the Oklahoma Statutes;
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23 2. "Intoxicated" or "intoxication" means a condition in which a
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24 person has consumed alcohol such that his or her blood alcohol
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1 concentration is eight one-hundredths of one percent (0.08%) or
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2 greater, or where observable impairment exists that impairs the
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3 person's ability to perform official duties safely and effectively,
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4 as determined by reasonable suspicion and confirmed by Breathalyzer
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5 testing;
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6 3. "Official legislative duties" includes, but is not limited
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7 to, attendance at sessions of the Senate or House of
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8 Representatives, committee meetings, floor proceedings, official
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9 business conducted in the State Capitol Building, or any other
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10 state-funded travel or event related to legislative functions; and
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11 4. "State Capitol Building" means the premises of the Oklahoma
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12 State Capitol, including all legislative chambers, committee rooms,
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13 offices, and any adjacent grounds under legislative control.
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14 B. It shall be unlawful for any member of the Legislature to
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15 consume, possess, or be under the influence of alcohol while
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16 performing official legislative duties or within the State Capitol
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17 Building.
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18 C. 1. Upon reasonable suspicion of a violation of subsection B
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19 of this section, as determined by the presiding officer of the
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20 relevant chamber, security personnel, or a designated legislative
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21 officer, the suspected member shall be directed to submit to a
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22 Breathalyzer test administered by a commissioned Oklahoma Highway
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23 Patrol officer or other qualified law enforcement officer present at
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24 the State Capitol Building.
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1 2. Refusal to submit to a Breathalyzer test shall constitute a
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2 separate violation under this section and shall result in immediate
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3 removal from the chamber or official proceedings, as provided in
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4 subsection D of this section.
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5 3. The Breathalyzer test shall utilize equipment approved
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6 pursuant to Section 759 of Title 47 of the Oklahoma Statutes. Such
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7 test results shall be documented and preserved.
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8 D. Any member of the Legislature that violates subsection B of
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9 this section shall be subject to:
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10 1. Immediate expulsion from the legislative chamber for the
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11 remainder of the day, a fine not less than Five Hundred Dollars
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12 ($500.00) nor more than One Thousand Dollars ($1,000.00), and
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13 mandatory referral to the chamber's ethics committee for a first
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14 violation;
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15 2. Expulsion from the legislative chamber for not less than
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16 three (3) consecutive legislative days, a fine not less than One
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17 Thousand Dollars ($1,000.00) nor more than Two Thousand Five Hundred
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18 Dollars ($2,500.00), mandatory alcohol education or treatment
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19 program at the member's expense, and referral to the chamber's
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20 ethics committee for a second violation within any twelve-month
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21 period; or
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22 3. Permanent expulsion from the legislative chamber for the
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23 remainder of the legislative session, a fine not less than Two
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24 Thousand Five Hundred Dollars ($2,500.00) nor more than Five
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1 Thousand Dollars ($5,000.00), and automatic initiation of removal
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2 proceedings pursuant to Section 1181 of Title 22 of the Oklahoma
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3 Statutes for a third or subsequent violation within any twenty-four-
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4 month period.
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5 E. 1. The President Pro Tempore of the Senate and the Speaker
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6 of the House of Representatives shall be responsible for ensuring
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7 compliance with this section within his or her respective
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8 legislative chamber. Failure to enforce this section upon
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9 reasonable suspicion of a violation shall subject the presiding
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10 officer to the same penalties as the violating member.
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11 2. Each legislative chamber shall adopt internal rules
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12 consistent with this section to implement enforcement procedures,
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13 including but not limited to training for security personnel and law
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14 enforcement officers.
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15 F. 1. Upon confirmation of intoxication during official
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16 legislative duties through Breathalyzer testing, witness testimony,
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17 or video documentation, and after exhaustion of appeals within the
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18 chamber's ethics process, the member shall be referred to a court of
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19 competent jurisdiction for removal proceedings pursuant to Section
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20 1181 of Title 22 of the Oklahoma Statutes.
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21 2. Consistent with Article II, Section 11 of the Oklahoma
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22 Constitution, documented drunkenness or excessive use of
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23 intoxication liquors while in office shall constitute sufficient
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1 cause for removal from office through conviction in a court of law
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2 or recall election as provided by law.
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3 3. The President Pro Tempore of the Senate or the Speaker of
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4 the House of Representatives shall notify the Attorney General of
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5 any confirmed violation involving refusal of Breathalyzer testing or
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6 multiple violations for potential civil proceedings pursuant to
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7 Section 94 of Title 51 of the Oklahoma Statutes.
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8 SECTION 2. It being immediately necessary for the preservation
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9 of the public peace, health or safety, an emergency is hereby
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10 declared to exist, by reason whereof this act shall take effect and
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11 be in full force from and after its passage and approval.
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Req. No. 2200 Page 5Every fact on this page links to its source, starting with the official bill record.