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
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 457 By: Deevers
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to motor vehicles; creating the
7 Oklahoma Diesel Engine Freedom Act; providing short
8 title; declaring legislative findings; asserting
8 certain right; nullifying certain federal regulation;
9 prohibiting certain actions; allowing for manufacture
9 of certain engine; setting amount of fines for
10 certain violations; allowing for imprisonment for
10 certain violation; repealing 47 O.S. 2021, Section
11 12-423, which relates to emission control systems;
11 providing for noncodification; providing for
12 codification; and declaring an emergency.
12
13
13
14
14
15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
15
16 SECTION 1. NEW LAW A new section of law not to be
16
17 codified in the Oklahoma Statutes reads as follows:
17
18 A. This act shall be known and may be cited as the "Oklahoma
18
19 Diesel Engine Freedom Act".
19
20 B. The Legislature finds and declares that:
20
21 1. Article I, Section 8, Clause 3 of the United States
21
22 Constitution grants the United States Congress power to regulate
22
23 commerce "among the several states", not intrastate commerce or
23
24 activities solely within one state;
24
Req. No. 1300 Page 1
1 2. The federal government's mandate requiring the use of diesel
1
2 exhaust fluid in diesel engines operating within this state exceeds
2
3 the powers delegated to Congress under Article I, Section 8, and are
3
4 therefore unconstitutional;
4
5 3. Under the 10th Amendment to the United States Constitution,
5
6 powers not delegated to the federal government nor prohibited to the
6
7 states are reserved to the states or to the people, granting this
7
8 state the authority to regulate emissions standards for vehicles
8
9 used within its borders; and
9
10 4. It is the duty of this state to protect its citizens from
10
11 unconstitutional overreach and burdensome regulations that are
11
12 outside the bounds of federal authority.
12
13 SECTION 2. NEW LAW A new section of law to be codified
13
14 in the Oklahoma Statutes as Section 12-429 of Title 47, unless there
14
15 is created a duplication in numbering, reads as follows:
15
16 A. Pursuant to the 10th Amendment of the United States
16
17 Constitution, this state asserts its sovereign right to regulate
17
18 emissions standards for vehicles operating within its borders when
18
19 such vehicles are not engaged in interstate commerce.
19
20 B. This state declares that any federal regulation, executive
20
21 order, or mandate requiring the use of diesel exhaust fluid in
21
22 diesel engines operating solely within this state is null and void,
22
23 as it exceeds the constitutional authority granted to the United
23
24
24
Req. No. 1300 Page 2
1 States Congress under Article I, Section 8 of the United States
1
2 Constitution.
2
3 C. No state agency, political subdivision, or officer of this
3
4 state shall enforce or attempt to enforce any federal law,
4
5 regulation, or executive order requiring the use of diesel exhaust
5
6 fluid for vehicles operating within this state.
6
7 SECTION 3. NEW LAW A new section of law to be codified
7
8 in the Oklahoma Statutes as Section 12-430 of Title 47, unless there
8
9 is created a duplication in numbering, reads as follows:
9
10 A. 1. The manufacture, sale, and installation of diesel
10
11 engines and equipment that do not require diesel exhaust fluid shall
11
12 be fully lawful within this state.
12
13 2. No state agency, political subdivision, or officer of this
13
14 state shall prohibit or restrict the production, sale, or use of
14
15 non-diesel exhaust fluid engines within this state.
15
16 B. 1. Non-diesel exhaust fluid engines manufactured and sold
16
17 exclusively within this state are declared exempt from federal
17
18 emissions standards, pursuant to this state's authority over
18
19 intrastate commerce provided by the 10th Amendment to the United
19
20 States Constitution.
20
21 2. Such engines shall be clearly labeled for use within this
21
22 state and may not be exported for use in other states unless
22
23 compliant with applicable federal laws.
23
24
24
Req. No. 1300 Page 3
1 SECTION 4. NEW LAW A new section of law to be codified
1
2 in the Oklahoma Statutes as Section 12-431 of Title 47, unless there
2
3 is created a duplication in numbering, reads as follows:
3
4 Any state agency, political subdivision, or individual found to
4
5 be enforcing or attempting to enforce any federal diesel exhaust
5
6 fluid mandate within this state shall be subject to the following:
6
7 1. A civil fine up to Five Thousand Dollars ($5,000.00) per
7
8 violation;
8
9 2. An immediate suspension of the authority to enforce state
9
10 laws or regulations related to vehicle emissions for a period no
10
11 less than twelve (12) months; and
11
12 3. For state officers or employees, termination of employment
12
13 and a prohibition on holding public office or state employment for a
13
14 period of five (5) years.
14
15 SECTION 5. REPEALER 47 O.S. 2021, Section 12-423, is
15
16 hereby repealed.
16
17 SECTION 6. It being immediately necessary for the preservation
17
18 of the public peace, health or safety, an emergency is hereby
18
19 declared to exist, by reason whereof this act shall take effect and
19
20 be in full force from and after its passage and approval.
20
21
21
22 60-1-1300 MSBB 1/19/2025 5:36:45 AM
22
23
23
24
24
Req. No. 1300 Page 4Every fact on this page links to its source, starting with the official bill record.