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1 STATE OF OKLAHOMA
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 1963 By: Hamilton
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to property and critical
7 infrastructure; creating the Military Installation
8 and Critical Infrastructure Protection Act of 2026;
8 providing short title; defining terms; prohibiting
9 foreign principals from foreign countries from
9 owning, having an interest in, or acquiring
10 agricultural land; describing scope of de minimis
10 indirect interest; directing the sale, transfer, or
11 divestiture of agricultural land under certain
11 circumstances; establishing registration
12 requirements; allowing for the acquisition of
12 agricultural land under certain circumstances;
13 deeming contracts, deeds, or other agreements
13 invalid; assigning the Attorney General with the
14 responsibility of making certain determinations;
14 granting the Attorney General the authority to
15 commence certain actions in district court; providing
15 for the sale of land through judicial foreclosure;
16 providing payment of a reward to whistleblowers;
16 providing for the disbursement of proceeds; providing
17 for the adoption of rules; prohibiting foreign
17 principals from foreign countries from purchasing,
18 holding, renting, or controlling any property near
18 military bases or installations; requiring the sale,
19 transfer, or divestiture of property within certain
19 time period; deeming contracts, deeds, or other
20 agreements invalid; granting the Attorney General the
20 authority to commence certain actions in district
21 court; providing for the sale of land through
21 judicial foreclosure; providing payment of a reward
22 to whistleblowers; providing for the disbursement of
22 proceeds; assigning the Attorney General with the
23 responsibility of making certain determinations;
23 establishing guidelines for whistleblowers; providing
24 for referrals to the Office of the Attorney General;
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1 establishing rewards for whistleblowers; setting
1 effective date for whistleblower enforcement
2 provision; prohibiting entities and governmental
2 entities from entering into agreements relating to
3 critical infrastructure with foreign principals from
3 foreign countries; authorizing entities and
4 governmental entities to enter into agreements under
4 certain circumstances; requiring companies to file a
5 certification form prior to accessing critical
5 infrastructure; establishing guidelines for
6 maintaining registrations; setting fee for
6 administering certification process; providing for
7 the revocation of certifications; prohibiting the use
7 of certain software in state infrastructure;
8 providing for the replacement of prohibited software;
8 providing software removal and notification
9 requirements; directing the Office of the Attorney
9 General to establish reporting process for non-
10 notified transactions; authorizing the Office of the
10 Attorney General to submit memorandums or reports to
11 certain committee; directing the Attorney General to
11 retain certain documents and notify the Legislature
12 and Governor; providing for noncodification;
12 providing for codification; and providing an
13 effective date.
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14
14
15
15
16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. NEW LAW A new section of law not to be
17
18 codified in the Oklahoma Statutes reads as follows:
18
19 This act shall be known and may be cited as the "Military
19
20 Installation and Critical Infrastructure Protection Act of 2026".
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21 SECTION 2. NEW LAW A new section of law to be codified
21
22 in the Oklahoma Statutes as Section 128.1 of Title 60, unless there
22
23 is created a duplication in numbering, reads as follows:
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24 As used in this act:
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Req. No. 2765 Page 2
1 1. "Agricultural land" shall mean a land area that is either
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2 arable, under permanent crops, or under permanent pastures. Arable
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3 land includes land under temporary crops such as cereals, temporary
3
4 meadows for mowing or pasture, land under market or kitchen gardens,
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5 and land temporarily fallow. Land abandoned as a result of shifting
5
6 cultivation is excluded. Land under permanent crops is cultivated
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7 with crops that occupy the land for long periods and need not be
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8 replanted after each harvest, such as orchards or vineyards. This
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9 category excludes land under trees grown for wood or timber.
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10 Permanent pasture land is land used for five (5) or more years for
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11 forage, including natural and cultivated crops;
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12 2. "Company" shall mean a for-profit sole proprietorship,
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13 organization, association, corporation, partnership, joint venture,
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14 limited partnership, limited liability partnership, or limited
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15 liability company, including a wholly owned subsidiary, majority-
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16 owned subsidiary, parent company, or affiliate of those entities or
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17 business associations, that exists to make a profit, or a nonprofit
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18 organization;
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19 3. "Critical infrastructure" shall mean systems and assets,
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20 whether physical or virtual, so vital to Oklahoma or the United
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21 States that the incapacity or destruction of such systems and assets
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22 would have a debilitating impact on state or national security,
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23 state or national economic security, state or national public
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24 health, or any combination of those matters. A critical
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1 infrastructure may be publicly or privately owned and includes, but
1
2 is not limited to:
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3 a. gas and oil production, storage, or delivery systems,
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4 b. water supply, refinement, storage, or delivery
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5 systems,
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6 c. telecommunications networks,
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7 d. electrical power delivery systems,
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8 e. emergency services,
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9 f. transportation systems and services,
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10 g. data centers, or
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11 h. personal data or otherwise classified information
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12 storage systems, including cybersecurity;
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13 4. "Cybersecurity" shall mean the measures taken to protect a
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14 computer, computer network, computer system, or other technology
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15 infrastructure against unauthorized use or access;
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16 5. "Data center" means a facility whose primary services are
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17 the storage, management, and processing of digital data and that is
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18 used to house:
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19 a. computer and network systems, including associated
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20 components such as servers, network equipment and
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21 appliances, telecommunications, and data storage
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22 systems,
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23 b. systems for monitoring and managing infrastructure
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24 performance,
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1 c. equipment used for the transformation, transmission,
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2 distribution, or management of at least one megawatt
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3 of capacity of electrical power and cooling, including
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4 substations, uninterruptible power supply systems, all
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5 electrical plant equipment, and associated air
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6 handlers,
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7 d. Internet-related equipment and services,
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8 e. data communications connections,
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9 f. environmental controls,
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10 g. fire protection systems, and
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11 h. security systems and services;
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12 6. "Domicile" shall mean either the country in which a company
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13 is registered, where the affairs of the company are primarily
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14 completed, or where the majority of ownership share is held;
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15 7. "Foreign country" shall mean any country besides the United
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16 States;
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17 8. "Foreign principal" shall mean:
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18 a. the government or any official of the government of a
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19 foreign country,
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20 b. a political party or member of a political party or
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21 any subdivision of a political party of a foreign
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22 country,
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23 c. a partnership, association, corporation, organization,
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24 or other combination of persons organized under the
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1 laws of or having its principal place of business in a
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2 foreign country, or a subsidiary of such entity, or
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3 that is owned or controlled wholly or in part by any
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4 person, entity, or collection of persons or entities
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5 of a foreign country,
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6 d. any person who is domiciled in a foreign country and
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7 is not a citizen or lawful permanent resident of the
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8 United States, or
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9 e. any person, entity, or collection of persons or
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10 entities, described in subparagraphs a through d of
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11 this paragraph having a controlling interest in a
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12 partnership, association, corporation, organization,
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13 trust, or any other legal entity or subsidiary formed
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14 for the purpose of owning real property;
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15 9. "Military base or installation" shall mean any land,
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16 structure, or property owned or controlled by any division of the
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17 United States Department of Defense, Oklahoma National Guard, or any
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18 other department of government, state or federal, critical to the
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19 safety and security of Oklahoma or the United States;
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20 10. "Non-notified transactions" shall mean foreign investments
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21 in the United States that are not voluntarily submitted to the
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22 Committee on Foreign Investment in the United States for review
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23 under 50 U.S.C., Section 4565;
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1 11. "Operational software" shall mean computer programs used
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2 for the operation, control, maneuver, or maintenance of state
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3 infrastructure, or any other computer program applications related
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4 to state infrastructure;
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5 12. "Software" shall mean any program or routine, or any set of
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6 one or more programs or routines, which are used or intended for use
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7 to cause one or more computers or pieces of computer related
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8 peripheral equipment, or any combination thereof, to perform a task
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9 or set of tasks, as it relates to state infrastructure;
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10 13. "State infrastructure" shall mean critical infrastructure
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11 and transportation infrastructure; and
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12 14. "Transportation infrastructure" shall include, but not be
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13 limited to:
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14 a. airports including, but not limited to, commercial and
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15 intermodal airports and heliports and all airport
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16 infrastructure,
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17 b. roadways including, but not limited to, publicly
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18 accessible streets, roads, highways, and bridges and
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19 all roadway infrastructure including, but not limited
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20 to, signage, toll booths, weigh stations, and traffic
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21 signals,
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22 c. railways including, but not limited to, all classes of
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23 freight rail and passenger rail and all railway
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1 infrastructure including, but not limited to,
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2 intermodal rail yards and signals,
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3 d. ports including, but not limited to, inland ports,
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4 seaports, deepwater ports, inland waterways, and
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5 levees and all port infrastructure including, but not
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6 limited to, intermodal stations, and
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7 e. public transit including bus, ferry, cable car, tram,
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8 trolley, and other types of publicly accessible
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9 transportation and all public transit infrastructure.
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10 SECTION 3. NEW LAW A new section of law to be codified
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11 in the Oklahoma Statutes as Section 128.2 of Title 60, unless there
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12 is created a duplication in numbering, reads as follows:
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13 A. A foreign principal from a foreign country may not directly
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14 or indirectly own, have an interest of greater than twenty-five
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15 percent (25%) in, or acquire by purchase, grant, devise, or descent
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16 agricultural land or any interest, except a de minimis indirect
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17 interest, in such land in this state. A foreign principal has a de
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18 minimis indirect interest if any ownership is the result of the
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19 foreign principal's ownership of registered equities in a publicly
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20 traded company owning the land and if the ownership of the foreign
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21 principal in the country is either:
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22 1. Less than five percent (5%) of any class of registered
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23 equities or less than five percent (5%) in the aggregate in multiple
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24 classes of registered equities; or
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1 2. A noncontrolling interest in an entity controlled by a
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2 company that is both registered with the United States Securities
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3 and Exchange Commission as an investment advisor under the
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4 Investment Advisers Act of 1940, as amended, and is not a foreign
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5 entity.
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6 B. A foreign principal that directly or indirectly owns or
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7 otherwise controls agricultural land, as defined in Section 2 of
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8 this act, in this state must sell, transfer, or otherwise divest
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9 itself of the agricultural land within one hundred eighty (180) days
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10 of the effective date of this act.
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11 C. A foreign principal that directly or indirectly owns or
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12 acquires agricultural land or any interest in such land in this
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13 state shall register with the Oklahoma Department of Agriculture,
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14 Food, and Forestry within sixty (60) days of the effective date of
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15 this act or the date of acquisition, whichever is latest. The
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16 Department shall establish a form for such registration which, at
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17 minimum, shall include all of the following:
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18 1. The name of the owner of the agricultural land or the owner
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19 of the interest in such land;
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20 2. The address of the agricultural land, the parcel
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21 identification number of the property appraiser, and the legal
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22 description of the property; and
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23 3. The number of acres of the agricultural land.
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1 D. Notwithstanding the provisions of subsection A of this
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2 section, a foreign principal from a foreign country may acquire
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3 agricultural land on or after the effective date of this act by
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4 devise or descent, through the enforcement of security interests, or
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5 through the collection of debts, provided that the foreign principal
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6 sells, transfers, or otherwise divests itself of the agricultural
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7 land within one hundred eighty (180) days of acquiring the
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8 agricultural land.
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9 E. Any current deeds, contracts, rental agreements, or other
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10 legal agreements in conflict with the provisions of this act shall
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11 be deemed invalid from the date of adoption unless otherwise
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12 provided.
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13 F. The responsibility for determining whether an entity is
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14 subject to the provisions of this section rests solely with the
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15 foreign entity, the Attorney General, any qualifying whistleblower,
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16 and no other individual or entity. An individual or entity who is
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17 not a foreign entity shall not be required to determine or inquire
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18 whether another person or entity is or may be subject to this
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19 section, and shall bear no civil or criminal liability under the
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20 provisions of this section.
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21 G. If a foreign principal from a foreign country does not
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22 divest the real property as required by this section, the Attorney
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23 General shall commence an action in district court within the
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24 jurisdiction of the real property.
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1 H. If the real property is held in violation of the provisions
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2 of this section, the district court shall order that the real
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3 property be sold through judicial foreclosure.
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4 I. If a whistleblower referral results in a divestiture of land
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5 or other assets held in violation of the provisions of this section,
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6 the whistleblower shall be entitled to a reward equal to thirty
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7 percent (30%) of the proceeds of the land sale that results from the
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8 violation of this section after payments to lienholders. Proceeds
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9 of the sale shall be disbursed in the following order, as
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10 applicable:
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11 1. The payment of authorized costs of the sale, including all
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12 approved fees and expenses of the referee and any taxes and
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13 assessments due;
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14 2. The payment, in an amount approved by the court, to the
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15 Office of the Attorney General for reimbursement of investigation
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16 and litigation costs and expenses;
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17 3. To bona fide lienholders, in their order of priority, except
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18 for liens which under the terms of the sale are to remain on the
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19 property;
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20 4. To whistleblowers; and
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21 5. To the restricted foreign entity.
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22 J. The Oklahoma Department of Agriculture, Food, and Forestry
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23 shall adopt rules to implement the provisions of this section.
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1 SECTION 4. NEW LAW A new section of law to be codified
1
2 in the Oklahoma Statutes as Section 128.3 of Title 60, unless there
2
3 is created a duplication in numbering, reads as follows:
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4 A. A foreign principal from a foreign country shall not be
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5 allowed to directly or indirectly purchase, hold, rent, or otherwise
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6 control any real property within ten (10) miles of a military base
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7 or installation.
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8 B. A foreign principal that directly or indirectly controls any
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9 real property covered by the provisions of subsection A of this
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10 section, excluding temporary contractual agreements such as rental
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11 or lease agreements, must sell, transfer, or otherwise divest itself
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12 of the property within one hundred eighty (180) days of the
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13 effective date of this act.
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14 C. Any current deeds, contracts, rental agreements, or other
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15 legal agreements in conflict with this law shall be deemed invalid
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16 from the date of adoption unless otherwise provided.
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17 D. If a foreign principal from a foreign country does not
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18 divest the real property as required by the provisions of this
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19 section, the Attorney General shall commence an action in the
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20 district court within the jurisdiction of the real property.
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21 E. If the real property is held in violation of the provisions
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22 of this section, the district court shall order that the real
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23 property be sold through judicial foreclosure.
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1 F. If a whistleblower referral results in a divestiture of land
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2 or other assets held in violation of the provisions of this section,
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3 the whistleblower shall be entitled to a reward equal to thirty
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4 percent (30%) of the proceeds of the land sale that results from the
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5 violation of the provisions of this section after payments to
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6 lienholders. Proceeds of the sale shall be disbursed in the
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7 following order, as applicable:
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8 1. The payment of authorized costs of the sale, including all
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9 approved fees and expenses of the referee and any taxes and
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10 assessments due;
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11 2. The payment, in an amount approved by the district court, to
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12 the Attorney General for reimbursement of investigation and
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13 litigation costs and expenses;
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14 3. To bona fide lienholders, in their order of priority, except
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15 for liens which under the terms of the sale are to remain on the
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16 property;
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17 4. To whistleblowers; and
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18 5. To the restricted foreign entity.
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19 G. The responsibility for determining whether an entity is
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20 subject to this section rests solely with the foreign entity, the
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21 Attorney General, any qualifying whistleblower, and no other
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22 individual or entity. An individual or entity who is not a foreign
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23 entity shall not be required to determine or inquire whether another
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24 person or entity is or may be subject to the provisions of this
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1 section, and shall bear no civil or criminal liability under the
1
2 provisions of this section.
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3 SECTION 5. NEW LAW A new section of law to be codified
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4 in the Oklahoma Statutes as Section 128.4 of Title 60, unless there
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5 is created a duplication in numbering, reads as follows:
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6 A. Any individual may act as a whistleblower and provide a
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7 referral to the Office of the Attorney General for violations of the
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8 provisions of Section 3 and Section 4 of this act.
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9 B. If a whistleblower referral results in a divestiture of land
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10 or other assets held in violation of the provisions of this act, the
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11 whistleblower shall be entitled to a reward equal to thirty percent
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12 (30%) of the proceeds of the land sale that results from a violation
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13 of this act.
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14 C. The whistleblower enforcement provision shall take effect
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15 one hundred eighty (180) days after the effective date of this act.
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16 SECTION 6. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 13001 of Title 74, unless there
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18 is created a duplication in numbering, reads as follows:
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19 A. An entity constructing, repairing, operating, or otherwise
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20 having significant access to critical infrastructure may not enter
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21 into an agreement relating to critical infrastructure in this state
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22 with a foreign principal from a foreign country, or use products or
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23 services produced by a foreign principal from a foreign country.
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1 B. A governmental entity may not enter into a contract or other
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2 agreement relating to critical infrastructure in this state with a
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3 company that is a foreign principal from a foreign country, or use
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4 products or services produced by a foreign principal from a foreign
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5 country.
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6 C. Notwithstanding the provisions of subsection A and B of this
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7 section, an entity or governmental entity may enter into a contract
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8 or agreement relating to critical infrastructure with a foreign
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9 principal from a foreign country or use products or services
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10 produced by a foreign principal from a foreign country if:
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11 1. There is no other reasonable option for addressing the need
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12 relevant to state critical infrastructure;
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13 2. The contract is preapproved by the Office of the Attorney
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14 General; and
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15 3. Not entering into such a contract or agreement would pose a
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16 greater threat to the state than the threat associated with entering
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17 into the contract.
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18 SECTION 7. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 13002 of Title 74, unless there
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20 is created a duplication in numbering, reads as follows:
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21 A. In order to access critical infrastructure, a company must
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22 file a certification form with and pay a certification fee to the
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23 Office of the Attorney General. The Office of the Attorney General
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Req. No. 2765 Page 15
1 shall prescribe the registration form to be filed pursuant to the
1
2 provisions of this section.
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3 B. To maintain registration as a company with access to
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4 critical infrastructure, a company shall:
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5 1. Identify all employee positions in the organization that
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6 have access to critical infrastructure;
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7 2. Before hiring a person for a position described in paragraph
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8 1 of this subsection, obtain from the Oklahoma State Bureau of
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9 Investigation or a private vendor criminal history record
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10 information relating to the prospective employee and any other
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11 background information considered necessary by the company or
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12 required by the Office of the Attorney General to protect critical
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13 infrastructure from foreign country infiltration or interference;
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14 3. Prohibit foreign nationals from a foreign country from
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15 access to critical infrastructure; and
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16 4. Be compliant with the provisions of Section 6 of this act.
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17 C. The Office of the Attorney General shall set the fee in an
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18 amount sufficient to cover the costs of administering the
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19 certification process but not to exceed One Hundred Fifty Dollars
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20 ($150.00).
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21 D. The Office of the Attorney General shall provide that a
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22 company is compliant with all requirements of this section or revoke
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23 certification.
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1 SECTION 8. NEW LAW A new section of law to be codified
1
2 in the Oklahoma Statutes as Section 13003 of Title 74, unless there
2
3 is created a duplication in numbering, reads as follows:
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4 A. All software used in state infrastructure located within or
4
5 serving Oklahoma shall not include any software produced by a
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6 federally banned corporation, nor any software banned at the federal
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7 level.
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8 B. All software used in state infrastructure located within or
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9 serving Oklahoma shall not include any software produced in or by a
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10 foreign country, a state-owned enterprise of a foreign country, or a
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11 company domiciled within a foreign country.
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12 C. All software used in state infrastructure in operation
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13 within or serving Oklahoma, to include any state infrastructure
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14 which is not permanently disabled, shall have all software
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15 prohibited by subsection A or B of this section removed and replaced
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16 with software which is not prohibited by subsection A or B of this
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17 section.
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18 D. Any state infrastructure provider that removes,
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19 discontinues, or replaces any prohibited software shall not be
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20 required to obtain any additional permits from any state agency or
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21 political subdivision for the removal, discontinuance, or
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22 replacement of such software as long as the state agency or
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23 political subdivision is properly notified of the necessary
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Req. No. 2765 Page 17
1 replacements and the replacement software is similar to the existing
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2 software.
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3 SECTION 9. NEW LAW A new section of law to be codified
3
4 in the Oklahoma Statutes as Section 13004 of Title 74, unless there
4
5 is created a duplication in numbering, reads as follows:
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6 A. The Office of the Attorney General shall establish a process
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7 by which local officials, states officials, or other persons may
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8 submit information or concerns to the Office regarding non-notified
8
9 transactions in Oklahoma. The Office of the Attorney General may
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10 adopt any necessary rules to implement the provisions of this
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11 subsection.
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12 B. The Office of the Attorney General may submit a memorandum
12
13 or report concerning non-notified transactions the Attorney General
13
14 has identified in Oklahoma to the Committee on Foreign Investment in
14
15 the United States.
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16 C. The Office of the Attorney General shall:
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17 1. Retain a copy of any documents submitted to the Committee on
17
18 Foreign Investment in the United States that are included with a
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19 memorandum or report submitted under the provisions of subsection B
19
20 of this section; and
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21 2. Notify the Legislature and the Governor as soon as
21
22 practicable after submitting a memorandum, report, or other
22
23 information pursuant to the provisions of subsection B of this
23
24 section.
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1 SECTION 10. This act shall become effective November 1, 2026.
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Req. No. 2765 Page 19Every fact on this page links to its source, starting with the official bill record.