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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 989 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to abortion; creating the Wrongful
7 Death Protection Act of 2025; providing short title;
8 defining terms; making certain individuals liable for
8 wrongful death from abortion-inducing drugs;
9 providing exception; specifying effect of certain
9 provisions; providing certain affirmative defense;
10 specifying certain burden of proof; establishing
10 deadline for filing of civil action; disallowing
11 certain defenses; voiding waiver of certain right;
11 specifying applicability of certain provisions;
12 prohibiting certain civil action against federal
12 government; specifying extent of certain
13 jurisdiction; providing certain exclusions; providing
13 for extraterritorial effect; specifying venue for
14 civil action; prohibiting certain transfer of venue;
14 granting specified entities certain immunities;
15 specifying applicability of immunities; prohibiting
15 certain waiver of immunity; limiting jurisdiction of
16 courts; providing certain construction; providing for
16 severability; expressing legislative intent and
17 declarations; providing for certain interpretation
17 and enforcement; providing for codification; and
18 declaring an emergency.
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21 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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22 SECTION 1. NEW LAW A new section of law to be codified
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23 in the Oklahoma Statutes as Section 3246.1 of Title 12, unless there
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24 is created a duplication in numbering, reads as follows:
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1 This act shall be known and may be cited as the "Wrongful Death
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2 Protection Act of 2025".
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3 SECTION 2. NEW LAW A new section of law to be codified
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4 in the Oklahoma Statutes as Section 3246.2 of Title 12, unless there
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5 is created a duplication in numbering, reads as follows:
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6 As used in the Wrongful Death Protection Act of 2025:
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7 1. "Abortion" means the act of using, prescribing,
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8 administering, procuring, or selling any instrument, medicine, drug,
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9 or any other substance, device, or means with the purpose to
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10 terminate the pregnancy of a woman, with knowledge that the
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11 termination by any of those means will with reasonable likelihood
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12 cause the death of an unborn child. The term does not include:
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13 a. in vitro fertilization or fertility treatments of any
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14 type,
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15 b. the use, prescription, administration, procuring, or
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16 selling of Plan B, morning-after pills, intrauterine
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17 devices, or any other type of contraception or
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18 emergency contraception, or
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19 c. an act performed with the purpose to:
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20 (1) save the life or preserve the health of the
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21 unborn child,
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22 (2) remove a dead unborn child caused by spontaneous
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23 abortion, or
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24 (3) remove an ectopic pregnancy;
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1 2. "Abortion-inducing drugs" includes mifepristone,
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2 misoprostol, and any drug, medication, or substance that is used to
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3 terminate the life of an unborn child. The term does not include:
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4 a. Plan B, morning-after pills, intrauterine devices, or
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5 any other type of contraception or emergency
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6 contraception, or
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7 b. drugs or medications that are possessed or distributed
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8 for a purpose that does not include the termination of
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9 a pregnancy, such as misoprostol that is possessed or
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10 distributed for the purpose of treating stomach
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11 ulcers;
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12 3. "Fertilization" means the fusion of a human spermatozoon
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13 with a human ovum;
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14 4. "Interactive computer service" means any information
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15 service, system, or access software provider that provides or
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16 enables computer access by multiple users to a computer server,
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17 including specifically a service or system that provides access to
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18 the Internet and such systems operated or services offered by
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19 libraries or educational institutions;
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20 5. "Unborn child" means an individual organism of the species
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21 Homo sapiens in any stage of gestation from fertilization until live
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22 birth; and
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23 6. "Woman" and "women" include any person whose biological sex
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24 is female, including any person with XX chromosomes and any person
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1 with a uterus, regardless of any gender identity that the person
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2 attempts to assert or claim.
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3 SECTION 3. NEW LAW A new section of law to be codified
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4 in the Oklahoma Statutes as Section 3246.3 of Title 12, unless there
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5 is created a duplication in numbering, reads as follows:
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6 A. Notwithstanding any other law, any person who manufactures,
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7 mails, distributes, transports, delivers, or provides abortion-
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8 inducing drugs, or who aids or abets the manufacture, mailing,
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9 distribution, transportation, delivery, or provision of abortion-
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10 inducing drugs, shall be strictly, absolutely, and jointly and
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11 severally liable for the wrongful death of any unborn child or
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12 pregnant woman who dies from the use of abortion-inducing drugs, and
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13 for any personal injuries suffered by any unborn child or pregnant
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14 woman from the use of abortion-inducing drugs; provided, that no
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15 lawsuit may be brought under this section against a provider or user
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16 of an interactive computer service if such a lawsuit would be
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17 preempted by 47 U.S.C., Section 230(c).
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18 B. A person who engages in the conduct described in this
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19 section is liable if his or her conduct contributes in any way to
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20 the death or personal injuries suffered by an unborn child or a
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21 pregnant woman, regardless of whether the person's conduct is a but-
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22 for or proximate cause of the death or personal injuries suffered by
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23 an unborn child or a pregnant woman.
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1 C. It is an affirmative defense if a person sued under this
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2 section:
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3 1. Was unaware that the person was engaged in the conduct
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4 described in subsection A of this section; and
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5 2. Took every reasonable precaution to ensure that the person
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6 would not manufacture, mail, distribute, transport, deliver,
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7 provide, or aid or abet the manufacture, mailing, distribution,
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8 transportation, delivery, or provision of abortion-inducing drugs.
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9 The defendant has the burden of proving an affirmative defense
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10 under this subsection by a preponderance of the evidence.
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11 D. Notwithstanding any other law, a person may bring an action
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12 under this section within six (6) years of the date the cause of
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13 action accrues.
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14 E. Notwithstanding any other law, none of the following is a
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15 defense to an action brought under this section:
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16 1. Ignorance or mistake of law;
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17 2. A defendant's belief that the requirements or provisions of
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18 this act are unconstitutional or were unconstitutional;
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19 3. A defendant's reliance on any court decision that has been
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20 overruled on appeal or by a subsequent court, even if that court
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21 decision had not been overruled when the cause of action accrued;
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22 4. A defendant's reliance on any state or federal court
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23 decision that is not binding on the court in which the action has
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24 been brought;
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1 5. A defendant's reliance on any federal statute, agency rule
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2 or action, or treaty that has been repealed, superseded, or declared
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3 invalid or unconstitutional, even if that federal statute, agency
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4 rule or action, or treaty had not been repealed, superseded, or
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5 declared invalid or unconstitutional when the cause of action
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6 accrued;
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7 6. Non-mutual issue preclusion or non-mutual claim preclusion;
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8 7. The consent of the plaintiff or the unborn child's mother to
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9 the abortion, or the consent of one or both of the parents of the
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10 unborn child's mother to the abortion, or the consent of the legal
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11 guardian of the unborn child's mother to the abortion;
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12 8. Contributory or comparative negligence;
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13 9. Assumption of risk; or
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14 10. Lack of but-for or proximate causation.
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15 F. Notwithstanding any other law, any waiver of the right to
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16 sue under this section shall be void as against public policy, and
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17 shall not be enforceable in any court.
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18 G. Notwithstanding any other law, this section does not impose
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19 liability for:
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20 1. Death or personal injuries resulting from an abortion
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21 performed or induced to preserve the life of a pregnant woman in
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22 accordance with Section 861 of Title 21 of the Oklahoma Statutes;
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23 2. Speech or conduct protected by the First Amendment to the
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24 United States Constitution, as made applicable to the states through
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1 the interpretation of the Fourteenth Amendment by the Supreme Court
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2 of the United States, or by Article II, Section 22 of the Oklahoma
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3 Constitution;
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4 3. Conduct that the State of Oklahoma is forbidden to regulate
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5 under federal law or the United States Constitution;
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6 4. Conduct taken by a pregnant woman who aborts or seeks to
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7 abort her unborn child;
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8 5. The provision of basic public services, including fire and
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9 police protection and utilities, by a governmental entity or a
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10 common carrier to an abortion provider, an abortion fund, an
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11 affiliate of an abortion provider or abortion fund, or a
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12 manufacturer or distributor of abortion-inducing drugs, in the same
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13 manner as the governmental entity or common carrier provides those
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14 services to the general public; or
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15 6. Conduct taken at the behest of federal agencies,
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16 contractors, or employees that are carrying out duties under federal
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17 law, if a prohibition on that conduct would violate the doctrines of
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18 preemption or intergovernmental immunity.
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19 H. Notwithstanding any other law, a civil action under this
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20 section may not be brought against any person that acted at the
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21 behest of federal agencies, contractors, or employees that are
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22 carrying out duties under federal law, if the imposition of
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23 liability would violate the doctrines of preemption or
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24 intergovernmental immunity.
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1 I. Notwithstanding any other law, including Section 2004 of
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2 Title 12 of the Oklahoma Statutes, the courts of this state shall
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3 have personal jurisdiction over any defendant sued under this
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4 section to the maximum extent permitted by the Fourteenth Amendment
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5 to the United States Constitution and the Oklahoma Constitution.
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6 J. Notwithstanding any other law, this section shall apply to
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7 any abortion performed, induced, or attempted upon a resident of
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8 this state, regardless of where that abortion or attempted abortion
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9 occurs, and to any civil action brought under this section, to the
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10 maximum extent permitted by the United States Constitution.
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11 Notwithstanding any other law, any contractual choice-of-law
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12 provision that requires or purports to require application of the
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13 laws of a different jurisdiction shall be void as against public
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14 policy, and shall not be enforceable in any court.
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15 K. Notwithstanding any other law, a civil action brought under
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16 this section shall not be subject to any provision of the Oklahoma
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17 Citizens Participation Act, Section 1430 et seq. of Title 12 of the
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18 Oklahoma Statutes.
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19 L. Notwithstanding any other law, including Section 2023 of
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20 Title 12 of the Oklahoma Statutes, a civil action under this section
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21 may not be litigated on behalf of a plaintiff class or a defendant
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22 class, and no court may certify a class under Section 2023 of Title
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23 12 of the Oklahoma Statutes, in any civil action brought under this
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24 section.
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1 M. Notwithstanding any other law, the prohibitions of this act
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2 shall apply extraterritorially to the maximum extent permitted by
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3 the United States Constitution and the Oklahoma Constitution.
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4 SECTION 4. NEW LAW A new section of law to be codified
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5 in the Oklahoma Statutes as Section 3246.4 of Title 12, unless there
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6 is created a duplication in numbering, reads as follows:
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7 A. Notwithstanding any other provision of law, a civil action
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8 brought under Section 3 of this act may be brought in the county:
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9 1. In which all or a substantial part of the events or
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10 omissions giving rise to the claim occurred;
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11 2. Of residence for any one of the natural person defendants at
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12 the time the cause of action accrued;
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13 3. Of the principal office in this state of any one of the
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14 defendants that is not a natural person; or
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15 4. Of residence for the claimant if the claimant is a natural
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16 person residing in this state.
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17 B. If a civil action is brought in any one of the venues
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18 described by subsection A of this section, then the action may not
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19 be transferred to a different venue without the written consent of
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20 all parties.
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21 SECTION 5. NEW LAW A new section of law to be codified
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22 in the Oklahoma Statutes as Section 3246.5 of Title 12, unless there
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23 is created a duplication in numbering, reads as follows:
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1 A. Notwithstanding any other provision of law, the state shall
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2 have sovereign immunity, each of its political subdivisions shall
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3 have governmental immunity, and each officer and employee of this
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4 state or a political subdivision shall have official immunity, and
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5 sovereign or governmental immunity, as appropriate, in any action,
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6 claim, counterclaim, or any type of legal or equitable action that
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7 challenges the validity of any provision or application of this act,
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8 on constitutional grounds or otherwise, or that seeks to prevent or
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9 enjoin the state, its political subdivisions, or any officer or
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10 employee of this state or a political subdivision from enforcing any
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11 provision or application of this act, or from hearing, adjudicating,
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12 or docketing a civil action brought under Section 3 of this act,
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13 unless that immunity has been abrogated or preempted by federal law
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14 in a manner consistent with the United States Constitution. The
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15 sovereign immunity conferred by this section upon the state and each
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16 of its officers and employees includes the constitutional sovereign
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17 immunity recognized by the Supreme Court of the United States in
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18 Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996), and Alden
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19 v. Maine, 527 U.S. 706 (1999), which applies in both state and
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20 federal court and which may not be abrogated by Congress or by any
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21 state or federal court except pursuant to congressional legislation
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22 authorized by Section 5 of the Fourteenth Amendment to the United
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23 States Constitution, by the Bankruptcy Clause of Article I, or by
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24 Congress's powers to raise and support armies and to provide and
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1 maintain a navy, or by any other ground that might be recognized by
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2 the Supreme Court of the United States.
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3 B. Notwithstanding any other provision of law to the contrary,
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4 the immunities conferred by subsection A of this section shall apply
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5 in every court, both state and federal, and in every adjudicative
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6 proceeding of any type whatsoever.
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7 C. Notwithstanding any other provision of law, no provision of
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8 state law may be construed to waive or abrogate an immunity
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9 described in subsection A of this section unless it expressly waives
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10 or abrogates immunity with specific reference to this section.
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11 D. Notwithstanding any other provision of law, no attorney
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12 representing the state, its political subdivisions, or any officer
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13 or employee of this state or a political subdivision is authorized
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14 or permitted to waive an immunity described in subsection A of this
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15 section or take any action that would result in a waiver of that
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16 immunity, and any such action or purported waiver shall be regarded
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17 as a legal nullity and an ultra vires act.
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18 E. Notwithstanding any other provision of law, no court of this
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19 state may award declaratory or injunctive relief, or any type of
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20 stay or writ, including a writ of prohibition, that would pronounce
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21 any provision or application of this act invalid or
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22 unconstitutional, or that would restrain the state, its political
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23 subdivisions, any officer, employee, or agent of this state or a
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24 political subdivision, or any person from enforcing any provision or
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1 application of this act, or from hearing, adjudicating, docketing,
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2 or filing a civil action brought under Section 3 of this act, and no
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3 court of this state shall have jurisdiction to consider any action,
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4 claim, or counterclaim that seeks such relief, and no such action,
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5 claim, or counterclaim may be litigated on behalf of a plaintiff or
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6 defendant class, notwithstanding Section 2023 of Title 12 of the
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7 Oklahoma Statutes, and no court may certify a plaintiff or defendant
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8 class in any action seeking the relief described in this subsection.
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9 F. Nothing in this section or act shall be construed to prevent
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10 a litigant from asserting the invalidity or unconstitutionality of
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11 any provision or application of this act as a defense to any action,
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12 claim, or counterclaim brought against that litigant.
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13 SECTION 6. NEW LAW A new section of law to be codified
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14 in the Oklahoma Statutes as Section 3246.6 of Title 12, unless there
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15 is created a duplication in numbering, reads as follows:
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16 A. Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which
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17 in the context of determining the severability of a state statute
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18 regulating abortion the Supreme Court of the United States held that
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19 an explicit statement of legislative intent is controlling, it is
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20 the intent of the Legislature that every provision, section,
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21 subsection, sentence, clause, phrase, or word in this act, and every
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22 application of the provisions in this act to every person, group of
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23 persons, or circumstances, are severable from each other.
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1 B. If any application of any provision in this act to any
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2 person, group of persons, or circumstances is found by a court to be
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3 invalid, preempted, or unconstitutional, for any reason whatsoever,
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4 then the remaining applications of that provision to all other
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5 persons and circumstances shall be severed and preserved, and shall
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6 remain in effect. All constitutionally valid applications of the
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7 provisions in this act shall be severed from any applications that a
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8 court finds to be invalid, preempted, or unconstitutional, because
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9 it is the Legislature's intent and priority that every single valid
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10 application of every statutory provision be allowed to stand alone.
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11 C. The Legislature further declares that it would have enacted
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12 this act, and each provision, section, subsection, sentence, clause,
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13 phrase, or word, and all constitutional applications of the
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14 provisions of this act, irrespective of the fact that any provision,
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15 section, subsection, sentence, clause, phrase, or word, or
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16 applications of this act were to be declared invalid, preempted, or
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17 unconstitutional.
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18 D. If any provision of this act is found by any court to be
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19 unconstitutionally vague, then the applications of that provision
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20 that do not present constitutional vagueness problems shall be
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21 severed and remain in force, consistent with the severability
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22 requirements of subsections A, B, and C of this section.
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23 E. No court may decline to enforce the severability
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24 requirements of subsections A, B, C, and D of this section on the
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1 ground that severance would "rewrite" the statute or involve the
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2 court in legislative or lawmaking activity. A court that declines
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3 to enforce or enjoins a state official from enforcing a statutory
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4 provision does not rewrite a statute, as the statute continues to
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5 contain the same words as before the court's decision. A judicial
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6 injunction or declaration of unconstitutionality:
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7 1. Is nothing more than an edict prohibiting enforcement that
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8 may subsequently be vacated by a later court if that court has a
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9 different understanding of the requirements of the Oklahoma
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10 Constitution or United States Constitution;
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11 2. Is not a formal amendment of the language in a statute; and
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12 3. No more rewrites a statute than a decision by the executive
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13 not to enforce a duly enacted statute in a limited and defined set
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14 of circumstances.
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15 F. If any state or federal court disregards the severability
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16 requirements of subsections A, B, C, D, and E of this section, and
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17 declares or finds any provision of this act facially invalid,
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18 preempted, or unconstitutional, when there are discrete applications
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19 of that provision that can be enforced against a person, group of
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20 persons, or circumstances without violating federal law or the
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21 federal or state constitutions, then that provision shall be
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22 interpreted, as a matter of state law, as if the Legislature had
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23 enacted a provision limited to the persons, group of persons, or
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24 circumstances for which the provision's application will not violate
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1 federal law or the federal or state constitutions, and every court
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2 and every state official shall adopt this saving construction of
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3 that provision until the court ruling that pronounced the provision
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4 facially invalid, preempted, or unconstitutional is vacated or
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5 overruled.
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6 SECTION 7. It being immediately necessary for the preservation
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7 of the public peace, health or safety, an emergency is hereby
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8 declared to exist, by reason whereof this act shall take effect and
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9 be in full force from and after its passage and approval.
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Req. No. 1530 Page 15Every fact on this page links to its source, starting with the official bill record.