OKLAHOMA CITY – Rep. Tom Gann, R-Inola, has taken notice of what he believes is the first of many actions by Oklahoma courts to suppress evidence obtained from license plate scanners. “The decision will place many cases against perpetrators of criminal acts in jeopardy,” Gann explained. According to Gann, the issue arises from local government entities entering into contracts with a nationwide big-tech firm, Flock, to install 24/7 vehicle scanning technology—despite such actions being prohibited by Oklahoma law. “When the government uses these devices to scan every passing vehicle, it is possible they are violating Oklahoma law. Earlier this year, Gann warned government entities involved in this practice that their actions are not authorized by law. His concerns were dismissed by politicians, including Tulsa Mayor G.T. Bynum. In September, a McClain County court, in State of Oklahoma v. Ifabiyi , suppressed the use of license plate scanner evidence, citing Oklahoma's legal prohibition of the technology. “When governments rely on unauthorized technology to surveil their citizens, policing methods become lazy,” Gann said. “They replace tried-and-true, constitutionally compliant, community policing tactics with unproven technologies that pose serious privacy concerns and offend the American public. This lazy policing is now putting many potential convictions at risk, as the motion to suppress will become the foremost tool of the competent defense attorney.” Gann does not believe the Legislature has any interest in approving the use of this technology in the near future. “The CEO of Flock has openly stated his intent to place a scanner on every street corner. Many legislators understand that Oklahomans do not want this Orwellian approach. They recognize it as a breach of the Fourth Amendment and foresee future courts continuing to rule it unconstitutional, placing many criminal convictions into question.” In the 2024 legislative session, a proposal to authorize the scanners, House Bill 3570, failed to receive a House floor vote, and a comparable measure, Senate Bill 1620, was defeated by a wide margin. Gann expects public opposition to grow as awareness of the specifics of the technology increases. “This technology has been presented to the public as a tool for local police to monitor their communities, but it’s becoming more apparent that these scanners are merely nodes in a much broader network shared among various government agencies. This allows distant governments to track the movements of Oklahomans, with no recourse against abuses by politicized agencies who may have access, such as the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives,” Gann warned. Gann is also concerned about the lack of transparency from some departments regarding the agencies with whom they share data. He pointed to the Edmond Police Department’s reported refusal to disclose this information to NonDoc, a journalistic service that investigated the matter earlier this year. “Government entities, such as Edmond, have a duty to be transparent with the people about what is happening. Their lack of transparency will not only prove futile in the long run, but it will erode the trust that people have in these government entities,” Gann concluded. Rep. Gann will lead a legislative study on this issue beginning at 8:30 a.m. Oct. 8 in room 5S2 at the State Capitol, 2300 N Lincoln Blvd., Oklahoma City. The public is invited to attend. The meeting also will be streamed online and can be watched through the House website, OKHouse.gov under the News & Media Tab. Click on Live Proceedings, and search Calendar-Day/Month for Oct. 8 then select the State Powers Committee.
OKLAHOMA CITY – Reps. Tom Gann, R-Inola, Kevin West, R-Moore, and Rick West, R-Heavener, today issued statements regarding Oklahoma Corporation Commissioner Todd Hiett's response brief to the writ of prohibition they filed against Hiett. Their writ asked the courts to intervene to protect the public interest. Hiett has been accused of sexual molestation and public drunkenness. The three argue that he should be disqualified from cases at the OCC involving the victims or witnesses to his alleged crimes saying he cannot be impartial or unbiased. “Todd Hiett’s response brief is most notable for what it doesn’t say. He doesn’t deny any of the criminal conduct allegations that have been publicly made against him," the lawmakers said. "He doesn’t deny that the utilities and other parties with direct knowledge of that conduct have leverage over him and his decisions in their cases at the OCC. He also doesn’t claim that he is somehow exempt from state ethics rules and the Code of Judicial Conduct. Instead, he argues that the petitioners haven’t proved that he’s guilty or biased. “But the law says we don’t have to prove it. The State Ethics Rule 4.7 makes it clear that an official should disqualify himself or herself if 'the circumstances would cause a reasonable person with knowledge of the relevant facts to question his or her impartiality in the matter.' The Code of Judicial Conduct contains a similar provision. "That is clearly the case here. Yet, since Hiett refuses to disqualify himself, we have asked the court to step in and disqualify him to protect ratepayers. Even what Hiett’s response brief does argue is damning – especially where it says ‘the rule of necessity requires that Commissioner Hiett not be disqualified’ (Response, page 10). As mentioned in the Petitioners’ original brief (footnote 42), the ‘Rule of Necessity’ is a common law principle that says in effect that a biased judge is better than no judge at all, and allows a biased judge to participate in a case if the case cannot be heard without him. “But before the ‘Rule of Necessity’ can apply, the judge either has to admit to being biased or be found to be biased. "To argue ‘the rule of necessity requires that Commissioner Hiett’ participate in these cases means that Hiett is admitting he is conflicted in these cases! If he’s conflicted, there must be a reason. It comes surprisingly close to an admission of guilt to the criminal conduct allegations themselves.”
Rep. Mark Tedford, R-Tulsa, recently held an interim study to explore the exposure of hazardous materials at the MidAmerica Industrial Park and the current HAZMAT response capabilities in the eastern part of the state. IS24-105 was held before the House Business and Commerce Committee. The MidAmerica Industrial Park is located on 9,000 acres in northeast Oklahoma. It is the largest industrial park in the state and the fifth largest in the United States, providing services to over 80 companies and about 4,000 employees. During the study, Jason Stutzman, the executive director of MidAmerica Industrial Park, said that the park stores about 1.76 billion pounds of extremely hazardous materials as well as tens of thousands of gallons of diesel fuel. Over half of the employers in the park utilize and store hazardous materials for their daily manufacturing processes. Tedford said industries within the park use dangerous chemicals such as ammonia nitrate and anhydrous ammonia, as well as materials related to the assembly of battery modules. "Quick response in containing hazardous materials is crucial to save lives within the park and prevent the spread of chemicals to surrounding communities, home to over 11,000 businesses and 27,000 residents," Tedford said. "A HAZMAT incident not only threatens lives but can also lead to property damage, business disruptions, costly evacuations, and damage the park's reputation as a safe workplace." Currently, the Pryor Fire Department does not have HAZMAT capabilities, and the closest HAZMAT units are in Claremore and Tahlequah. The response time to the MidAmerica Industrial Park is around 90 minutes. Adding a HAZMAT unit in Pryor would cost about $5.4 million upfront, plus $1.5 million annually for the next nine years, covering equipment, staffing, and training. MidAmerica can provide land and facilities, and both MidAmerica and the city of Pryor can help with some operational costs. The total 10-year funding request from the state is $18 million. Tedford said this unit would benefit not just the park but also the 27,000 residents in the area by enhancing the fire department's capabilities, which could improve their ISO fire ratings, potentially lowering insurance rates. "I intend to file legislation next session to request funding for a HAZMAT unit in Pryor," Tedford said. "MidAmerica contains the state's critical infrastructure and has significant vulnerabilities that must be addressed. Municipal fire departments are funded by sales tax; however, MidAmerica does not generate sales tax, creating a reasonable funding gap for the state to fill."