This bill amends various sections of the Oklahoma Statutes regarding public nuisance laws. It clarifies the definition of a public nuisance by stating that the manufacturing, marketing, or selling of lawful products cannot be considered a public nuisance. Additionally, it outlines the remedies available for public nuisance, which include indictment, civil action seeking injunctive or equitable relief, and abatement. A significant change is that to be found liable for public nuisance, the defendant must be determined by the judge to have been in control of the conditions that caused the nuisance at the time of the injury.
Furthermore, the bill modifies the criteria for a private person to maintain an action for public nuisance. It removes the requirement that the nuisance must be specially injurious to the individual and instead requires the judge to find, by clear and convincing evidence, that the public nuisance is the proximate cause of special injury to the private person. The bill is set to take effect on November 1, 2025.