Oklahoma 2025 Regular Session

Oklahoma House Bill HB1367 Compare Versions

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3		-	SENATE FLOOR VERSION - HB1367 SFLR Page 1
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	3	+	ENGR. H. B. NO. 1367 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	April 17, 2025
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 1367 By: Hays of the House
35	30
36	31		and
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38	33		Howard of the Senate
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43	40		An Act relating to alcohol ic beverages; defining
44	41		terms; making certain actions by an employee not
45	42		attributable to licensed establishments; providing an
46	43		affirmative defense under certain circumstances ;
47	44		requiring licensed establishments to present certain
48	45		information when asserting the affirmative defense;
49	46		attributing certain actions by an employee to the
50	47		licensed establishment ; creating a rebuttable
51	48		presumption that a licensed establishment has
52	49		indirectly encouraged violation s of the law by
53	50		employees; authorizing the ABLE Commission to present
54	51		evidence to establish a rebuttable presumption ;
55	52		stating which party has the burden of persuasion;
56	53		providing construing provision ; providing for
57	54		codification; and providing an effective date.
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63	60		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
64	61		SECTION 1. NEW LAW A new section of law to be codified
65	62		in the Oklahoma Statutes as Section 6 -130 of Title 37A, unless there
66	63		is created a duplication in numbering, reads as follows:
67	64		As used in this section:
68	65		1. "Employee" means any person paid by an establishment
69	66		licensed by the Alcoholic Beverage Laws Enforcement (ABLE)
	67	+	Commission to sell, serve, dispense, or deli ver alcoholic beverages
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71		-	SENATE FLOOR VERSION - HB1367 SFLR Page 2
72		-	(Bold face denotes Committee Amendments) 1
	69	+	ENGR. H. B. NO. 1367 Page 2 1
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97		-	Commission to sell, serve, dispense, or deliver alcoholic beverages
98	94		or to immediately manage, direct, supervise, or control the sale or
99	95		service of alcoholic beverages; and
100	96		2. "Seller-server training certificate" means a certificate
101	97		granted for completing an Oklahoma seller -server certification
102	98		course recognized by the ABLE Commission.
103	99		SECTION 2. NEW LAW A new section of law to be codified
104	100		in the Oklahoma Statutes as Section 6 -130.1 of Title 37A, unless
105	101		there is created a duplication in numbering, reads as follows:
106	102		A. Certain actions of an employee are not attributable to
107	103		an establishment licensed by the Alcoholic Beverage Laws Enforcement
108	104		(ABLE) Commission and shall be an affirmative defense to such
109	105		liability when such licensed establishment receives a notice of
110	106		violation for certain actions of an employee.
111	107		B. The following actions of an employee of a licensed
112	108		establishment are not attributable to the licensed establishment:
113	109		1. The selling, furnishing, or giving of an alcoholic beverage
114	110		to:
115	111		a. a person who is insane or men tally deficient,
116	112		b. a minor, or
117	113		c. an intoxicated person; or
118	114		2. Allowing the consumption of an alcoholic beverage by:
119	115		a. a person who is insane or mentally deficient,
120	116		b. a minor, or
	117	+	c. an intoxicated person.
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122		-	SENATE FLOOR VERSION - HB1367 SFLR Page 3
123		-	(Bold face denotes Committee Amendments) 1
	119	+	ENGR. H. B. NO. 1367 Page 3 1
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148		-	c. an intoxicated person.
149	144		C. A licensed establishment may assert the aff irmative defense
150	145		if the license establishment:
151	146		1. Required all employee s to maintain a currently valid
152	147		employee license from the ABLE Commission;
153	148		2. Required each employee to present a seller -server training
154	149		certificate within fourteen (14) days of his o r her initial
155	150		employment date, unless the employee is deemed exempt by an existing
156	151		statute and require each employee to attend a seller -server training
157	152		course every two (2) years upon renewal of the employee license and
158	153		attend a seller-server training cour se every two (2) years after the
159	154		initial employment date, unless an employee is exempt pursuant to
160	155		Section 2-121 of Title 37A of the Oklahoma Statutes;
161	156		3. Adopted written policies and procedures which prohibit:
162	157		a. the sale, service, dispensation, or deliv ery of an
163	158		alcoholic beverage to:
164	159		(1) a person who is insane or mentally deficient,
165	160		(2) a minor, or
166	161		(3) an intoxicated person, or
167	162		b. the employee from allowing consumption of an alcoholic
168	163		beverage by:
169	164		(1) a person who is insane or mentally deficient,
170	165		(2) a minor, or
171	166		(3) an intoxicated person; and
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173		-	SENATE FLOOR VERSION - HB1367 SFLR Page 4
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	168	+	ENGR. H. B. NO. 1367 Page 4 1
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199	193		4. Ensured that all employees have read and understood the
200	194		required policies as provided in paragraph 3 of this subsection by
201	195		having an acknowledgment of understanding by the employee in
202	196		writing. Such acknowledgment shall be kept for record by the
203	197		licensed establishment for at least one (1) year after the date the
204	198		employee was terminated.
205	199		D. A licensed establishment asserting th e affirmative defense
206	200		under this act shall provide to the ABLE Commission, not later t han
207	201		ten (10) days after receipt of an administrative notice of
208	202		violation, an affidavit indicating that the licensed establishment
209	203		was in compliance with the requirements of this act at the time of
210	204		the violation for which the administrative notice was issue d, which
211	205		shall include a copy of the valid employee license held by the
212	206		employee who committed the alleged violation, a copy of the current
213	207		training certificate held by that employee, and a signed copy of
214	208		acknowledgment of receipt of polic ies by the employee. At a hearing
215	209		in which the licensed establishment asserts the affirmative defense
216	210		crated by this act, the licensed establishment may be required to
217	211		present additional evidence to support such defense.
218	212		E. When an employee does not possess a currently v alid employee
219	213		license from the ABLE Commission, the action of the employee shall
220	214		be attributable to the licensed establishment.
221	215		F. Proof by the ABLE Commission that an employee performed an
222	216		action described in this act on three or more occasions within a
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224		-	SENATE FLOOR VERSION - HB1367 SFLR Page 5
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	218	+	ENGR. H. B. NO. 1367 Page 5 1
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250	243		twelve-month period shall create a rebuttable presumption that a
251	244		licensed establishment has indirectly encouraged a violation of the
252	245		law pursuant to this act. The rebuttable presumption is created
253	246		regardless of whether the employee performing the action described
254	247		in this subsection on a second or subsequent occasion is the same
255	248		employee who performed the initial action. Proof of violation shall
256	249		be demonstrated by:
257	250		1. Producing final orders issued by the ABLE Commission or a
258	251		court of competent jurisdicti on finding that the licensed
259	252		establishment violated this act on two past occasions; and
260	253		2. Establishing a prima facie case that an employee of the
261	254		licensed establishment violated this act on a third or subsequent
262	255		occasion.
263	256		G. Proof of violation of this a ct shall be for the same type of
264	257		offense and shall have occurred within a twelve -month period, as
265	258		calculated from the dates the incidents occurred.
266	259		H. At a hearing in which the licensed establishment asserts the
267	260		affirmative defense established in this act , the ABLE Commission may
268	261		present evidence to establish a rebuttable presumption under this
269	262		act. If the evidence is sufficient to establish a prima facie case,
270	263		the burden of persuasion in the proceeding shifts to the licensed
271	264		establishment to show that it has not indirectly encouraged a
272	265		violation of the law within the meaning of this act.
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274		-	SENATE FLOOR VERSION - HB1367 SFLR Page 6
275		-	(Bold face denotes Committee Amendments) 1
	267	+	ENGR. H. B. NO. 1367 Page 6 1
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300	292		I. Nothing in this act shall be construed to establish
301	293		exclusive means by which the ABLE Commission may establish that a
302	294		licensed establishment has indirectly encouraged a violation of this
303	295		act.
304	296		SECTION 3. This act shall become effective November 1, 2025.
305		-	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE
306		-	April 17, 2025 - DO PASS
	297	+	Passed the House of Representatives the 24th day of March, 2025.
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	302	+	Presiding Officer of the House
	303	+	of Representatives
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	307	+	Passed the Senate the _____ day of __________, 2025.
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	312	+	Presiding Officer of the Senate