This legislative session again put Tribal sovereignty in the spotlight

Note: Bill updates as of 3/27 deadline

While the overwhelming majority of bills were cut at the first deadline this legislative session, there are still quite a few bills remaining to be considered, specifically in the Tribal-state space. State governments and Tribal Nations both have a responsibility for the well-being of their constituents. To help communities change existing government systems to best work on behalf of all people, Tribal governments and state governments should communicate, cooperate, and take action together.

For instance, the reintroduced legislation that would allow the Oklahoma Turnpike Authority (OTA) to directly access law enforcement databases for Tribal tag registration simply for the purposes of collecting tolls. This proposal bypasses direct Tribal consultation and infringes on data sovereignty. Lawmakers are also proposing mobile and online gaming supplements that would be added to existing Tribal-state gaming compact bills. People interested in Tribal-state relations should pay close attention to these two bills in particular, but other bills also are worth keeping an eye on.

Senate Bill 675, reintroduced from last session, infringes on Tribal data sovereignty without Tribal consultation

Senate Bill 675, authored by Sen. Darcy Jech, R-Kingfisher, would compromise Tribal data sovereignty by permitting the Oklahoma Department of Public Safety to provide the Oklahoma Turnpike Authority with direct access to a highly confidential law enforcement database known as the Oklahoma Law Enforcement Telecommunications Systems (OLETS). The turnpike authority is seeking access so they can gather owner information on cars displaying Tribal tags so the agency can collect tolls through its new PlatePay system.

Tribes that issue their own license plates have chosen to share their registration data with the Oklahoma Department of Public Safety to better allow statewide law enforcement to do their jobs – not for toll collection. These Tribes opted to share their data with the Department of Public Safety for public safety. Requiring the Department of Public Safety to cede that data to another agency for any other purpose violates Tribal data sovereignty, which is the ability for Tribes to choose what information they share about their citizens and for what purpose.

The turnpike authority’s failure to consult with each Tribal government and instead attempt to pull the information from the Department of Public Safety stalled a nearly identical measure in 2024. The question remains – why isn’t the state directly consulting with all Tribal tag agencies to figure out a better path forward?

Tribal consultation is one key path to these discussions and mutual understanding, but that still has not happened with all Tribal tag agencies across the state. The Chickasaw Nation, Choctaw Nation, and Cherokee Nation have compacted with the state; the Miami Tribe of Oklahoma, Sac and Fox Nation, and Shawnee Tribe have agreements with the OTA. The remaining Tribes in Oklahoma should be afforded the same opportunity.

SB 675 is an attempt to avoid the Tribal consultation process with each Tribe, which is essential to respecting Tribal sovereignty. Why not avail direct Tribal consultation with all the other Tribal tag agencies before enacting legislation like this? Until the OTA consults with each of the Tribal leaders and their respective tag agencies thus upholding Tribal data sovereignty, this bill should die.

Bill # Author About Status
SB 675 Sen. Jech
Rep. Newton
Authorizes the Department of Public Safety to provide vehicle owner registration information to the Oklahoma Turnpike Authority from the Oklahoma Law Enforcement Passed the Senate floor, sent to the House.

Tribal-state gaming legislation focuses on online sports betting this session

Tribal-state gaming has provided shared revenue for the Tribes and the state since voters approved it in 2004. In the last fiscal year alone (FY 2024), Indian gaming provided over $210 million in exclusivity fees under Tribal-state gaming compacts. Those fees went to the Education Reform Revolving Fund (1017 Fund), General Revenue Fund, and the Department of Mental Health and Substance Abuse Services (DMHSAS). Thirty-three of Oklahoma’s 38 federally recognized tribes operate gaming.

Since the U.S. Supreme Court legalized sports betting, Oklahoma can update Tribal-state gaming compacts to include sports betting. Any legislation that potentially impacts Tribal nations should recognize that nothing is ever one size fits all, and nothing proposed should breach the current compact language.

House Bill 1101 and HB 1047, authored by Rep. Ken Luttrell, R-Ponca City, and Sen. Bill Coleman, R-Ponca City, would allow sports betting supplements to existing Tribal-state gaming compacts. These bills serve the same purpose, with HB 1047 allowing the legislature to directly approve the supplement while HB 1101 would put the issue to a vote of the people.

Expanded Tribal gaming makes economic sense for potential growth in shared Tribal and state revenue, especially as the state’s fiscal needs continue to outpace its revenue. For many Tribes, Indian gaming generates needed Tribal revenue. Gaming has been good for Oklahoma by creating jobs in rural areas, tourism for the state, and of course, shared revenues for our shared communities.

Legislators should support sports betting legislation that respects each Tribal-state gaming compact or creates equitable opportunities provided in supplemental language. SB 585, another sports gaming compact bill, does not do this. Instead, it would restrict the state to one Tribal-approved operator for mobile and in-person event wagering on non-Tribal land. Strategic decisions are necessary for new revenue for the state, and the gaming compacts have been good for all of us. But issues around this bill touch on long existing communication barriers and agreements between sovereign Tribes and the state discussed earlier. Without consultation with each Tribal Nation, this unique path for additional shared revenues may not make sense for all sovereigns.

Bill # Author About Status
HB 1101 Rep. Luttrell
Sen. Coleman
Legislative Referendum: State-Tribal Gaming Compact Supplement language to offer sports wagering as an additional gaming option under existing state-Tribal gaming compacts. Passed the House, sent to the Senate.
HB 1047 Rep. Luttrell
Sen. Coleman
State-Tribal Gaming Compact Supplement language to allow Tribes to offer sports betting through a new optional Gaming Compact Supplement. Passed the House, sent to the Senate.
SB 585 Sen. Coleman State-Tribal Gaming Compact Supplement language to offer event pools and Internet event pools on both Tribal and non-Tribal lands. Also includes professional sports team (specifically, a National Basketball Association team); authorization to license one Tribal-approved operator for mobile and in-person event wagering on non-Tribal land. Passed the House, sent to the Senate.
HB 1537 Rep. Dollens The Supporting Affordability and Fairness with Every Bet Act of 2025 (SAFE Bet Act) would have established a comprehensive framework for regulating sports wagering in the state. Referred to Rules Committee – Dormant
SB 125 Sen. Rader State-Tribal Gaming Compact Supplement language allowing Tribal Nations to offer sports betting, including in-person and mobile wagering on sporting events, which includes a tiered fee structure for sports pool revenues ranging from 5% to 7% depending on the monthly net win. With fees continuing to be primarily directed to the Education Reform Revolving Fund. Passed Appropriations Committee, Placed on General Order – dormant
SB 164 Sen. Murdock This bill expands the Oklahoma Education Lottery Act to include sports pools but breaks Tribal exclusivity. Passed Business & Insurance Committee, referred to Appropriations Committee – dormant

The legislature can still advance good Tribal-state legislation next year

A wide range of bills that would have updated existing law to incorporate Oklahoma’s Tribes better were not heard on the floor of their chambers of origin by deadline. These bills could still advance next year during the 2026 session. The Dental Therapy Act (HB 2921, by Rep. Ajay Pittman, D-Oklahoma City) could have helped address Oklahoma’s unmet dental care needs via a well-established model that Tribal nations have primarily led.

Bill # Author About Status
HB 1118 Rep. Stewart Freedmen of Oklahoma Act, would establish new provisions targeting federally recognized Indian tribes in Oklahoma that do not grant citizenship rights to freedmen descendants as specified in their respective treaties. Referred to Rules Committee – dormant
HB 1137 Rep. Stewart Would modify the existing law regarding the Oklahoma State Bureau of Investigation’s (OSBI) Office of Liaison for Missing and Murdered Indigenous Persons by removing references to federal funding and grant requirements. Passed the House, sent to the Senate.
HB 1145 Rep. Stewart Would establish legal protections and guidelines for practitioners of Indigenous or traditional healing therapies and complementary and alternative healing practices in Oklahoma Referred to the Public Health Committee – dormant
HB 1862 Rep. Pae Would create the Oklahoma Law Enforcement Event Deconfliction Act, which establishes a comprehensive system for law enforcement agencies to coordinate and prevent potential conflicts during high-risk operations. Referred to A&B Public Safety Subcommittee – dormant
HB 2099 Rep. Menz Would establish the Oklahoma Affordable Housing Commission to address housing needs across different income levels, from extremely low to middle-income households. The Commission would be composed of 16 members – including a representative from a Tribe that provides affordable housing in rural areas. Referred to Rules Committee – dormant
HB 2186 Rep. Blancett Would establish the Pretrial Data Collection Act, which requires municipal police departments, county sheriff offices, county jails, and detention facilities to collect and report comprehensive data about arrested individuals and confined persons to the Oklahoma State Bureau of Investigation – including people with Tribal holds. Referred to Criminal Judiciary Committee – dormant
HB 2189 Rep. Blancett Would establish the Oklahoma Workforce Housing Commission to address housing needs across different income levels, creating a comprehensive approach to affordable housing in the state – including one representative from a federally recognized Tribe in Oklahoma that provides affordable housing in rural areas. Passed Business Committee, wasn’t heard on the House floor – dormant
HB 2361 Rep. Hill
Sen. Daniels
Would amend the Successful Adulthood Act to improve support for youth transitioning out of foster care and juvenile justice systems by ensuring they receive critical personal documents and information. Includes tribal youth. Passed the House, sent to the Senate.
HB 2920 Rep. Pittman Would amend the existing law regarding the Office of Tribal Relations within the Oklahoma Historical Society’s Research Division, expanding its responsibilities and documentation practices. Referred to Rules Committee – dormant
HB 2921 Rep. Pittman The Dental Therapy Act would have created a new category of dental professional called a dental therapist who can provide a limited range of dental services under varying levels of dentist supervision. Referred to Public Health Committee – dormant
SB 91 Sen. Woods
Rep. Hardin
Would create the Spring Creek Watershed Study Act, which directs the Oklahoma Conservation Commission to conduct a comprehensive water quality study of the Spring Creek Watershed in Cherokee, Delaware, and Mayes counties. Includes one member representing the Cherokee Nation Passed the Senate, sent to the House.
SB 260 Sen. Mann Would create the Oklahoma Infrastructure Long-Range Planning Commission, which will be housed under the Oklahoma Department of Commerce and composed of 12 members representing various state agencies, public utilities, Native American tribes, county commissioners, and mayors. Includes two representatives of Tribes in the state, appointed by the Speaker of the House. Referred to Economic Development, Workforce and Tourism Committee – dormant
SB 275 Sen. Kirt
Rep. Pae
Would establish the Oklahoma Workforce Housing Commission, a 15-member body created to address housing needs across the state, effective January 1, 2026. Includes one member of a federally recognized tribe that develops housing in rural areas. Passed Economic Development, Workforce and Tourism Committee, wasn’t heard on the Senate floor – dormant
SB 361 Sen. Dossett Would establish legal protections and guidelines for traditional healing practitioners by defining key terms such as “culture” as a group’s way of life, “indigenous or traditional healing therapy” as healing practices historically used by native peoples, and “traditional healing practitioner” as an individual with a distinct healing practice. Referred to Health and Human Services Committee – dormant
SB 385 Sen. Stewart Would increase penalties for individuals who knowingly file or record deeds or instruments that falsely claim property rights or improperly cloud land titles belonging to Native American tribal members – focused on the homestead lands of the Five Tribes or the Osage Nation that are under legal restrictions. Referred to the Judiciary Committee – dormant
SB 768 Sen. Bullard
Rep. Shaw
Would allow first responders to carry handguns while performing official duties including on tribal lands – allows political subdivisions to enter into intergovernmental cooperative agreements with federally recognized Indian tribes to facilitate first responders carrying handguns on tribal trust lands. Passed Public Safety Committee, placed on General Order – dormant
SB 1059 Sen. Woods Would modify Oklahoma state law regarding county commissioners’ responsibilities for cemetery maintenance by specifically requiring county maintenance and utilization of resources when there is a documented and known Tribal burial presence. Referred to the Local & County Government Committee – dormant
SB 1071 Sen. Woods
Rep. Strom
This bill includes language on liability for a wildland fire, including on Tribal land. Passed Energy Committee, placed on General Order – dormant

These wide range of state bills would all have different implications for health, public safety, housing, and law enforcement in Indian Country. While it’s important to include Tribal voices in new commissions and task forces, it’s equally important to consult with each Tribal Nation to learn and understand how each Tribe tackles different issues. While many of the proposed tribal-state bills did not pass the first deadline, there is still potential for them to advance in the 2026 legislative session.

Better government-to-government relationships can help our shared communities

Oklahoma’s elected officials and policymakers should respect Tribal sovereignty and work directly with each Tribal nation. It is bad practice not to conduct Tribal consultations before decision-making occurs when issues directly affect Tribal nations.

Government-to-government relationships help our shared communities and economy. Gaming has already provided essential shared revenue, and it can generate more with meaningful dialogue and tribal-state cooperation for proposed legislation. All Oklahomans are better off when the state directly consults and works with each Tribal nation.

ABOUT THE AUTHOR

Vivian Morris joined OK Policy in August 2021 as a Tribal Policy Fellow through the Center on Budget and Policy Priorities State Policy Fellowship Program. She was named the Tribal-State Policy Analyst in August 2023. Vivian is Alabama (federally recognized as Alabama-Quassarte Tribal Town) Mvskoke-Seminole, and Diné (Navajo). Vivian grew up in rural Oklahoma, on both the Mvskoke (Creek) and Seminole Nation reservations. She completed her Master of Public Administration degree with a Public Policy concentration from the University of Oklahoma in May 2022 and holds dual bachelor’s degrees in Environmental Studies and Women and Gender Studies, with a minor in Native American Studies from the University of Oklahoma. Previously, Vivian served the Alabama-Quassarte Tribal Town Election Committee where she oversaw the tribe’s election process and policy development and worked as a Tribal Government Relations Health Promotion Coordinator at the Oklahoma Health Care Authority (SoonerCare). Vivian was a member of the 2022 AICCO Leadership Native Oklahoma class, recipient of the 2022 OU-WGS Alice Mary Robertson award, and Metriarch’s 2023 Breakthrough Maven award. Vivian is passionate about racial and economic equity and access to justice for all Oklahomans. In her free time you will likely hear her elongating her As and Es.