The bill amends several sections of the Oklahoma statutes regarding public nuisances, specifically 50 O.S. 2021, Sections 2, 8, and 10. It introduces new provisions that clarify what constitutes a public nuisance, stating that the manufacturing, marketing, and selling of lawful products shall not be considered a public nuisance. Additionally, it outlines the remedies available for public nuisances, including civil actions seeking injunctive or equitable relief, and specifies that to be found liable, a defendant must have been in control of the conditions causing the nuisance at the time of injury.
Furthermore, the bill modifies the criteria for private individuals to maintain an action for public nuisance, requiring the court to determine by clear and convincing evidence that the nuisance is the proximate cause of special injury to the individual. The changes aim to provide clearer guidelines for identifying public nuisances and the associated legal responsibilities, thereby potentially reducing frivolous lawsuits while ensuring that genuine grievances can still be addressed. The act is set to take effect on November 1, 2025.