SB 638: Unfair Sales Act; modifying definitions; violations of act; penalty for retailers who violate act when selling motor fuel. Effective date. - Oklahoma

Floor (House) → Floor (Senate) · 3 edits

MINOR

The bill text was reformatted from the House version to the Senate version, with minor wording adjustments to definitions. The substantive policy content remains the same, but the formatting and page layout changed to reflect Senate floor processing.

TECHNICAL

Header and page formatting changed from House version to Senate version with updated committee report information.

DEFINITION

Minor wording adjustments to the definition of 'wholesaler' to clarify that it applies only to the wholesale portion of a business that also engages in retail sales.

TIMELINE

Added specific effective date of November 1, 2025, replacing the previous House version's effective date language.

House Committee Substitute for Senate Bill → Floor (House) · 3 edits

MINOR

The bill text was reformatted from a Committee Substitute version to a House Floor version, with page numbers and tracking numbers updated. The substantive legislative content regarding the Unfair Sales Act definitions and penalties remains unchanged in this diff.

TECHNICAL

Header formatting changed from 'COMMITTEE SUBSTITUTE FOR ENGROSSED SENATE BILL' to 'HOUSE OF REPRESENTATIVES - FLOOR VERSION SENATE BILL'

Page footers updated from 'Req. No. 13598' to 'SB638 HFLR' with bold face amendment indicators added

Line spacing and indentation adjusted throughout the document for floor version formatting

Proposed Committee Substitute (full committee) 1 → House Committee Substitute for Senate Bill · 4 edits

MODERATE

This bill amends Oklahoma's Unfair Sales Act to update definitions of 'cost' for retailers and wholesalers, clarify replacement cost calculations, and establish a misdemeanor penalty for selling merchandise below cost. The changes modernize statutory language and add specific enforcement provisions to prevent predatory pricing practices.

Scope change

The bill's scope remains focused on the Unfair Sales Act but expands enforcement mechanisms by adding specific penalties for violations and clarifying definitions to better cover modern sales practices.

DEFINITION

Updated definitions of 'cost to retailer' and 'cost to wholesaler' to include freight charges, cartage, taxes, and business markup calculations with specific percentage guidelines.

Clarified 'replacement costs' to specify a 30-day window for determining what merchandise could have been purchased at the time of sale.

Refined definitions of 'retailer' and 'wholesaler' to clarify how businesses engaged in both retail and wholesale operations are classified for the purposes of the act.

ENFORCEMENT

Added misdemeanor penalty of up to $500 for retailers or wholesalers who advertise, offer to sell, or sell merchandise below their defined cost.

Enrolled (final version) → Proposed Committee Substitute (full committee) 1 · 1 edit

MINOR

The bill was rewritten from scratch by the House Oversight Committee, replacing the original Senate version with identical statutory language. No substantive policy changes were made to definitions, penalties, or effective dates. The changes are purely procedural, reflecting committee markup formatting rather than legislative modifications.

TECHNICAL

Document structure changed from enrolled Senate bill format to House committee substitute format with different header information and page numbering.

Engrossed → Enrolled (final version) · 4 edits · May 27, 2025

MODERATE

The bill moved from its Engrossed version to the final Enrolled version, adding new sponsors to the Senate and House, updating the subject line to include motor fuel violations, and adding a new penalty section for motor fuel sales. The effective date remains November 1, 2025.

Scope change

The bill's scope expanded to include specific penalties for selling motor fuel below cost, which was not present in the Engrossed version.

ELIGIBILITY

Senate sponsors were updated to include Daniels, Frix, and Woods, and House sponsors were expanded to include Bashore, Moore, Eaves, Banning, Pfeiffer, Turner, Osburn, Lepak, and Rosecrants.

ENFORCEMENT

A new penalty provision was added for retailers or wholesalers selling motor fuel below cost, increasing the fine from $500 to $1,000 for motor fuel violations.

DEFINITION

The subject line was updated to clarify that the bill amends Section 598.4 regarding violations and creates a new penalty specifically for motor fuel sales.

TECHNICAL

Formatting changes include page number updates, removal of presiding officer signatures, and minor text cleanup throughout the document.

Amended And Engrossed → Engrossed · 5 edits · May 15, 2025

MODERATE

This bill amends the Unfair Sales Act in Oklahoma by updating definitions of 'cost to the retailer,' 'cost to the wholesaler,' and 'replacement costs' to clarify how these terms are calculated, including specific provisions for freight, cartage, and taxes. The bill also reorganizes the definitions of 'retailer' and 'wholesaler' to ensure clarity when businesses engage in both retail and wholesale activities. These changes aim to provide clearer guidance on pricing practices and ensure consistent application of the law.

Scope change

The bill's scope remains the same, focusing on the Unfair Sales Act, but the definitions within the act have been clarified and reorganized to improve understanding and application.

DEFINITION

Updated the definition of 'cost to the retailer' to specify how freight charges, cartage, taxes, and markup are calculated, including a specific percentage for markup.

Revised the definition of 'cost to the wholesaler' to align with the retailer definition, ensuring consistency in how costs are calculated for wholesalers.

Clarified the definition of 'replacement costs' to specify the timeframe for determining the cost at which merchandise could have been bought.

Reorganized the definitions of 'retailer' and 'wholesaler' to clearly distinguish between businesses engaged in both retail and wholesale activities, ensuring the correct portion of the business is subject to the respective definitions.

TIMELINE

Added an effective date of November 1, 2025, for the amendments to the Unfair Sales Act.

Introduced → Amended And Engrossed · 5 edits · May 15, 2025

MODERATE

This bill was amended to add a new penalty provision for retailers who sell motor fuel below cost, and to update authorship information. The core definitions of cost, replacement costs, and retailer/wholesaler remain largely unchanged, though formatting and numbering were adjusted during the amendment process.

Scope change

The bill's scope was expanded to include penalties for motor fuel sales violations, adding enforcement authority beyond the original definitions-only focus.

ENFORCEMENT

Added new Section 2 creating penalties for retailers who advertise, offer, or sell motor fuel below cost in violation of the Unfair Sales Act

Added new Section 2 creating penalties for wholesalers who advertise, offer, or sell below cost in violation of the Unfair Sales Act

TECHNICAL

Updated authorship information to include additional House and Senate coauthors

Reorganized bill structure and formatting during the amendment process, including changes to section numbering and page references

DEFINITION

Minor formatting adjustments to existing definitions of cost, replacement costs, and retailer/wholesaler terms without substantive changes to their meaning

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

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