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OklahomaSB 638Oklahoma 2026 Regular SessionSenate

Unfair Sales Act; modifying definitions; violations of act; penalty for retailers who violate act when selling motor fuel. Effective date.

Sponsored By: Julie Daniels (Republican)

Signed by Governor

Senate Committee

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 1 costs, 1 mixed.

Bigger fine for below-cost fuel sales

Beginning Nov 1, 2025, advertising, offering, or selling motor fuel below your "cost to the retailer" is a misdemeanor. Retailers and wholesalers can be fined up to $1,000 per violation. "Motor fuel" follows the state tax code definition. The $500 maximum fine for selling other goods below cost still applies.

New cost rules for retailers and wholesalers

Beginning Nov 1, 2025, the Unfair Sales Act uses a new cost formula. Use the lower of invoice cost or replacement cost within the last 30 days. Subtract trade discounts (not cash discounts). Add freight not on the invoice and cartage to the store. Cartage is deemed 0.75% of cost after adding freight but before cartage and taxes, unless you prove a different amount. Add any state and federal taxes not already included, then add a 6% markup for business costs. The law also clarifies who counts as a retailer or wholesaler and how bundle pricing is handled.

Sponsors & Cosponsors

Sponsor

  • Julie Daniels

    Republican • Senate

Cosponsors

  • Chris Banning

    Republican • House

  • Steve Bashore

    Republican • House

  • Ryan Eaves

    Republican • House

  • Avery Frix

    Republican • Senate

  • Mark Lepak

    Republican • House

  • Anthony Moore

    Republican • House

  • Mike Osburn

    Republican • House

  • John Pfeiffer

    Republican • House

  • Jacob Rosecrants

    Democratic • House

  • Tim Turner

    Republican • House

  • Tom Woods

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 199 • No: 7

Senate vote • 5/15/2025

FOURTH READING

Yes: 40 • No: 2

House vote • 4/29/2025

THIRD READING

Yes: 84 • No: 0

House vote • 4/22/2025

DO PASS

Yes: 17 • No: 0

House vote • 4/8/2025

DO PASS

Yes: 8 • No: 0

Senate vote • 3/25/2025

THIRD READING

Yes: 43 • No: 3

Senate vote • 2/13/2025

Committee vote: Business & Insurance

Yes: 7 • No: 2

Actions Timeline

  1. Approved by Governor 05/22/2025

    5/27/2025Senate

  2. Sent to Governor

    5/19/2025Senate

  3. Signed, returned to Senate

    5/19/2025House

  4. Enrolled, to House

    5/19/2025Senate

  5. Referred for enrollment

    5/15/2025Senate

  6. Measure passed: Ayes: 40 Nays: 2

    5/15/2025Senate

  7. HAs adopted

    5/15/2025Senate

  8. Coauthored by Representative Rosecrants

    5/5/2025Senate

  9. HAs read

    4/30/2025Senate

  10. Engrossed, signed, to Senate

    4/30/2025House

  11. Referred for engrossment

    4/29/2025House

  12. Third Reading, Measure passed: Ayes: 84 Nays: 0

    4/29/2025House

  13. Coauthored by Senator(s) Frix, Woods

    4/29/2025House

  14. Coauthored by Representative(s) Pfeiffer, Turner, Osburn, Lepak

    4/29/2025House

  15. General Order

    4/29/2025House

  16. Coauthored by Representative(s) Moore, Eaves, Banning

    4/23/2025House

  17. CR; Do Pass, amended by committee substitute Commerce and Economic Development Oversight Committee

    4/23/2025House

  18. Policy recommendation to the Commerce and Economic Development Oversight committee; Do Pass Business

    4/8/2025House

  19. Referred to Business

    4/1/2025House

  20. Second Reading referred to Commerce and Economic Development Oversight

    4/1/2025House

  21. First Reading

    3/26/2025House

  22. Engrossed to House

    3/26/2025Senate

  23. Referred for engrossment

    3/25/2025Senate

  24. Measure passed: Ayes: 43 Nays: 3

    3/25/2025Senate

  25. General Order, Considered

    3/25/2025Senate

Bill Text

  • Enrolled (final version)

    5/19/2025

    PDF

  • Amended And Engrossed

    4/30/2025

    PDF

  • Floor (House)

    4/24/2025

    PDF

  • House Committee Report

    4/23/2025

    PDF

  • House Committee Substitute for Senate Bill

    4/23/2025

    PDF

  • House Policy Committee Report

    4/8/2025

    PDF

  • Engrossed

    3/26/2025

    PDF

  • Floor (Senate)

    2/17/2025

    PDF

  • Senate Committee Report

    2/13/2025

    PDF

  • Introduced

    1/14/2025

    PDF

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