OKLAHOMA - Oil & Gas "Critical Infrastructure" Anti-Protest Bills

Updated July 14, 2019. See Full Report: State Bills to Criminalize Peaceful Protest of Oil & Gas "Critical Infrastructure"

2017 HB 2128:

Along with HB 2128, (see below), this law was the basis for the ALEC model bill on critical infrastructure. And, along with HB 2128, this law was also the basis for the 2018 CSG Shared State Legislation on critical infrastrucutre, according to CSG.

• Introduced Feb 6, 2017
• Signed into law May 15, 2017

ICNL analysis:

Increases the potential penalties levied on individuals who protest on private property without permission. The law allows prosecutors to hold anyone arrested for or convicted of trespass liable for any damages to personal or real property caused while trespassing.

ALEC legislators:

• Rep. Charles McCall authored the bill and is a confirmed OK ALEC affiliate legislators:
• 0 of 3 sponsors are confirmed ALEC members

CSG legislators:

1 of 3 sponsors is a confirmed affiliate of the Council of State Governments:

• Rep. Mark McBride attended a 2015 CSG event on natural gas policy

Oil & Gas Campaign Contributions:

• Co-sponsors received $131,154 from oil & gas companies and employees.
• The bill’s original author, Rep. Charles McCall, received another $48,351 from oil & gas companies and employees.

2017 HB 1123:

Along with HB 2128, (see above), this law was the basis for the ALEC model bill on critical infrastructure. And, along with HB 2128, this law was also the basis for the 2018 CSG Shared State Legislation on critical infrastrucutre, according to CSG.

HB 1123 greatly resembles 2004 LA Act 157, which became CSG shared state legislation in 2006.

• Introduced Feb 6, 2017

• Signed by Governor on May 3, 2017

ICNL analysis:

Targets protests around certain public facilities by creating a new criminal offense for trespass onto property containing “critical infrastructure.” The law’s extensive list of “critical infrastructure” facilities ranges from a petroleum refinery to a telephone pole. Willfully entering onto property containing critical infrastructure without permission is a misdemeanor, punishable by up to $1,000 or six month in jail, or both. Evidence of intent to damage or otherwise harm the operations of the infrastructure facility would make the offence a felony, punishable by at least $10,000 (with no maximum provided) or imprisonment for one year, or both; actual damage or vandalizing of the facility is punishable by up to 10 years in prison and a $100,000 fine. Organizations found to have “conspired” with perpetrators are liable for up to $1,000,000. The sponsor of the law told a House of Representatives committee that it was prompted by the Dakota Access Pipeline protests in North Dakota. 

ALEC legislators:

• 0 of 2 primary sponsors are confirmed OK ALEC members

CSG legislators:

• 0 of 2 sponsors are confirmed affiliates of the Council of State Governments

• No expenditures disclosed by lobbyist Daniel Nixon, no bill advocacy info

Industy Lobbying

An email obtained and published by Documented revealed that Valero Energy advocated for OK Gov. Mary Fallin to sign HB 1123.

Oil & Gas Campaign Contributions:

• Co-sponsors received $122,381 from oil & gas companies and employees.

Media Reports & References:

Jamie Corey, Fossil Fuel Industry Pushed Legislation Criminalizing Pipeline Protestors, Emails Show, Documented, August 20, 2019

Steve Horn,  Bills Criminalizing Pipeline Protest Arise in Statehouses Nationwide, The Real News Network, February 22, 2019

Steve Horn, Wyoming Now Third State to Propose ALEC Bill Cracking Down on Pipeline Protests, DeSmog, February 21, 2018

Steve Horn, ALEC, Corporate-Funded Bill Mill, Considers Model State Bill Cracking Down on Pipeline Protesters, DeSmog, December 11, 2017

Alleen Brown, Oklahoma Governor Signs Anti-Protest Law Imposing Huge Fines on "Conspirator" Organizations, The Intercept, May 6, 2017

Water is Life Movement: Diamond Pipeline