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Oklahoma House passes bill clarifying stolen-property law to explicitly include shopping carts after heated debate

2578040 · March 12, 2025
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Summary

The Oklahoma House approved legislation clarifying that possession of lost or stolen property includes shopping carts, allowing municipalities to adopt enforcement ordinances. The bill passed 54–33 after extended debate over enforcement and effects on people experiencing homelessness.

The Oklahoma House passed House Bill 16-89, a measure that clarifies that possession of lost or stolen property includes shopping carts and that municipalities may adopt ordinances to address the removal of carts from store property. The final vote was 54–33 in favor.

Supporters, led on the floor by Representative Worthen, said the change merely clarifies existing law and gives local governments an additional tool to address abandoned carts that damage waterways and create public-safety hazards. "All we're doing is, clarifying that shopping carts are property and, to take it is, is legal," Representative Worthen said on the floor.

Opponents said the law will further criminalize poverty and could be used to target people experiencing homelessness. Representative McCain urged a no vote, arguing the penalty will be applied against the poor rather than addressing the underlying causes. "This bill is an effort to further criminalize being poor," McCain said during floor debate.

Lawmakers discussed practical effects and enforcement. Representative Wharton/Worthen told colleagues that one store reported losing about 1,000 to 1,200 carts per year at an estimated cost of $230–$250 per cart, and argued those losses are ultimately borne by consumers. "Those shopping carts belong to the retailer," Worthen said. Several members asked whether municipalities, police or code enforcement would carry out enforcement; the sponsor said municipalities could use code or neighborhood services rather than police to implement ordinances.

Members who opposed the bill noted existing private-sector solutions, such as cart lock systems used by some retailers (for example, quarter-deposit systems), and questioned whether the state should step in when businesses have alternative options. Representative Deck asked whether retailers have a responsibility to manage carts; the sponsor said the bill does not remove retailer responsibility but clarifies that removal of carts off premises can be unlawful.

Debate included a range of procedural and policy questions: whether the bill duplicates theft statutes, how intent to permanently deprive an owner would be determined, and whether municipalities and law enforcement have the resources to enforce additional cart-related violations. Representative Bennett and others raised concerns about how the law would apply to individuals who find carts in waterways or public spaces and said intent and circumstances will matter under the bill’s language.

The House declared the bill passed by a roll-call vote of 54 ayes and 33 nays. The measure’s text clarifies that possession of lost or stolen property includes shopping carts and explicitly allows municipalities to adopt ordinances addressing carts; no separate sentencing enhancements or new felony classes were added in the version the House passed.

The bill attracted extended debate on enforcement, municipal authority, and potential impacts on vulnerable populations.