An Act
ENROLLED HOUSE
BILL NO. 1236 By: McCall of the House
and
McCortney of the Senate
An Act relating to the Oklahoma Citizens
Participation Act; amending 12 O.S. 2021, Section
1438, which relates to costs and fees; au thorizing
award of certain expenses; authorizing imposition of
sanctions under certain circumstan ces; and providing
an effective date.
SUBJECT: Oklahoma Citizens Participation Act
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 1438, is
amended to read as follows:
Section 1438. A. If the court order s dismissal of a legal
action under the Oklahoma Citizens Participation Act, the court
shall may award to the moving party:
1. Court costs, reasonable attorn ey fees and other expenses
incurred in defending against the legal action as justice and equity
may require; and
2. Sanctions against the party who brought the legal action as
the court determines sufficient to deter the p arty who brought the
legal action from bringing similar actions described in the Oklahoma
Citizens Participation Act .
B. If the court finds that a motion to dismiss filed under th e
Oklahoma Citizens Participation Act is frivolous or solely intended
to delay, the court may award court costs and reasonable at torney
fees to the responding party.
SECTION 2. This act shall become effective November 1, 2023. ENR. H. B. NO. 1236 Page 2
Passed the House of Representatives the 17th day of May, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the 17th day of April, 2023.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________