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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 457 By: Deevers
AS INTRODUCED
An Act relating to motor vehicles; creating the
Oklahoma Diesel Engine Freedom Act; providing short
title; declaring legislative finding s; asserting
certain right; nullifying certain federal regulation;
prohibiting certain actions; allowing for manufacture
of certain engine; setting amount of fines for
certain violations; allowing for imprisonment for
certain violation; repealing 47 O.S. 2 021, Section
12-423, which relates to emission control systems;
providing for noncodification; providing for
codification; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
A. This act shall be known and may be cited as the “Oklahoma
Diesel Engine Freedom Act ”.
B. The Legislature finds and declares that:
1. Article I, Section 8, Clause 3 of the United States
Constitution grants the United States Congress power to regulate
commerce “among the several states ”, not intrastate commerce or
activities solely within one state;
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2. The federal government’s mandate requiring the use of diesel
exhaust fluid in diesel engines operating within this state exceed s
the powers delegated to Congress under Article I, Section 8, and are
therefore unconstitutional;
3. Under the 10th Amendment to the United States Constitution,
powers not delegated to the federal government nor prohibited to the
states are reserved to the states or to the people, granting this
state the authority to regulate emissions standards for vehicles
used within its borders; and
4. It is the duty of this state to protect its citizens from
unconstitutional overreach and burdensome regulations that are
outside the bounds of federal authority.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 12-429 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. Pursuant to the 10th Amendment of the United States
Constitution, this state asserts its sovereign right to regulate
emissions standards for vehicles operating within its borders when
such vehicles are not engaged in interstate commerce.
B. This state declares that any federal regulation, executive
order, or mandate requiring the use of diesel exhaust fluid in
diesel engines operating solely within this state is null and void,
as it exceeds the constitutional authority granted to the United
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States Congress under Article I , Section 8 of the United States
Constitution.
C. No state agency, political subdivision, or officer of this
state shall enforce or attempt to enforce any federal law,
regulation, or executive order requiring the use of diesel exhaust
fluid for vehicles operating within this state.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 12-430 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. 1. The manufacture , sale, and installation of diesel
engines and equipment that do not require diesel exhaust fluid shall
be fully lawful within this state.
2. No state agency, political subdivis ion, or officer of this
state shall prohibit or restrict the production, sale, or use of
non-diesel exhaust fluid engines within this state.
B. 1. Non-diesel exhaust fluid engines manufactured and sold
exclusively within this state are declared exempt fr om federal
emissions standards, pursuant to this state ’s authority over
intrastate commerce provided by the 10th Amendment to the United
States Constitution.
2. Such engines shall be clearly labeled for use within this
state and may not be exported for us e in other states unless
compliant with applicable federal laws.
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SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 12-431 of Title 47, unless there
is created a duplication in numbering, read s as follows:
Any state agency, political subdivision, or individual found to
be enforcing or attempting to enforce any federal diesel exhaust
fluid mandate within this state shall be subject to the following:
1. A civil fine up to Five Thousand Dollars ( $5,000.00) per
violation;
2. An immediate suspension of the authority to enforce state
laws or regulations related to vehicle emissions for a period no
less than twelve (12) months; and
3. For state officers or employees, termination of employment
and a prohibition on holding public office or state employment for a
period of five (5) years.
SECTION 5. REPEALER 47 O.S. 2021, Section 12 -423, is
hereby repealed.
SECTION 6. It being immediately necessary for the prese rvation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-1300 MSBB 1/8/2025 3:14:25 PM