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1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 893 By: Howard
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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 2025;
8 providing short title; defining terms; prohibiting
9 foreign principals from foreign adversary countries
9 from 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 Office of the Attorney General
14 with the responsibility of making certain
14 determinations; granting the Attorney General the
15 authority to commence certain actions in district
15 court; providing for the sale of land through
16 judicial foreclosure; providing payment of a reward
16 to whistleblowers; providing for the disbursement of
17 proceeds; providing for the adoption of rules;
17 prohibiting foreign principals from foreign adversary
18 countries from purchasing, holding, renting, or
18 controlling any property near military bases or
19 installations; requiring the sale, transfer, or
19 divestiture of property within certain time period;
20 deeming contracts, deeds, or other agreements
20 invalid; granting the Attorney General the authority
21 to commence certain actions in district court;
21 providing for the sale of land through judicial
22 foreclosure; providing payment of a reward to
22 whistleblowers; providing for the disbursement of
23 proceeds; assigning the Office of the Attorney
23 General with the responsibility of making certain
24 determinations; establishing guidelines for
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1 whistleblowers; providing for referrals to the Office
1 of the Attorney General; establishing rewards for
2 whistleblowers; setting effective date for
2 whistleblower enforcement provision; prohibiting
3 entities and governmental entities from entering into
3 agreements relating to critical infrastructure with
4 foreign principals from foreign adversary countries;
4 authorizing entities and governmental entities to
5 enter into agreements under certain circumstances;
5 requiring companies to file a certification form
6 prior to accessing critical infrastructure;
6 establishing guidelines for maintaining
7 registrations; setting fee for administering
7 certification process; providing for the revocation
8 of certifications; prohibiting the use of certain
8 software in state infrastructure; providing for the
9 replacement of prohibited software; providing
9 software removal and notification requirements;
10 directing the Office of the Attorney General to
10 establish reporting process for non-notified
11 transactions; authorizing the Attorney General to
11 submit memorandums or reports to certain committee;
12 directing the Attorney General to retain certain
12 documents and notify the Legislature and Governor;
13 providing for noncodification; providing for
13 codification; and providing an effective date.
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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:
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19 This act shall be known and may be cited as the "Military
19
20 Installation and Critical Infrastructure Protection Act of 2025".
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21 SECTION 2. NEW LAW A new section of law to be codified
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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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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
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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
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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
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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, or
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10 g. personal data or otherwise classified information
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11 storage systems, including cybersecurity;
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12 4. "Cybersecurity" shall mean the measures taken to protect a
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13 computer, computer network, computer system, or other technology
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14 infrastructure against unauthorized use or access;
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15 5. "Domicile" shall mean either the country in which a company
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16 is registered, where the affairs of the company are primarily
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17 completed, or where the majority of ownership share is held;
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18 6. "Foreign adversary" shall mean any country designated by the
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19 United States Secretary of State as hostile or a Country of
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20 Particular Concern (CPC);
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21 7. "Foreign principal" shall mean:
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22 a. the government or any official of the government of a
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23 foreign adversary,
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1 b. a political party or member of a political party or
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2 any subdivision of a political party of a foreign
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3 adversary,
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4 c. a partnership, association, corporation, organization,
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5 or other combination of persons organized under the
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6 laws of or having its principal place of business in a
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7 foreign adversary, or a subsidiary of such entity, or
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8 owned or controlled wholly or in part by any person,
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9 entity, or collection of persons or entities of a
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10 foreign adversary,
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11 d. any person who is domiciled in a foreign adversary and
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12 is not a citizen or lawful permanent resident of the
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13 United States, or
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14 e. any person, entity, or collection of persons or
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15 entities, described in subparagraphs a through d of
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16 this paragraph having a controlling interest in a
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17 partnership, association, corporation, organization,
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18 trust, or any other legal entity or subsidiary formed
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19 for the purpose of owning real property;
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20 8. "Military base or installation" shall mean any land,
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21 structure, or property owned or controlled by any division of the
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22 United States Department of Defense, Oklahoma National Guard, or any
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23 other department of government, state or federal, critical to the
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24 safety and security of Oklahoma or the United States;
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1 9. "Non-notified transactions" shall mean foreign investments
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2 in the United States that are not voluntarily submitted to the
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3 Committee on Foreign Investment in the United States for review
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4 under 50 U.S.C., Section 4565;
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5 10. "Operational software" shall mean computer programs used
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6 for the operation, control, maneuver or maintenance of state
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7 infrastructure, or any other computer program applications related
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8 to state infrastructure;
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9 11. "Software" shall mean any program or routine, or any set of
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10 one or more programs or routines, which are used or intended for use
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11 to cause one or more computers or pieces of computer related
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12 peripheral equipment, or any combination thereof, to perform a task
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13 or set of tasks, as it relates to state infrastructure;
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14 12. "State infrastructure" shall mean critical infrastructure
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15 and transportation infrastructure; and
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16 13. "Transportation infrastructure" shall include, but not be
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17 limited to:
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18 a. airports including, but not limited to, commercial and
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19 intermodal airports and heliports and all airport
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20 infrastructure,
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21 b. roadways including, but not limited to, publicly
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22 accessible streets, roads, highways, and bridges and
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23 all roadway infrastructure including, but not limited
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1 to, signage, toll booths, weigh stations, and traffic
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2 signals,
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3 c. railways including, but not limited to, all classes of
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4 freight rail and passenger rail and all railway
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5 infrastructure including, but not limited to,
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6 intermodal rail yards and signals,
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7 d. ports including, but not limited to, inland ports,
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8 seaports, deepwater ports, inland waterways, and
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9 levees and all port infrastructure including, but not
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10 limited to, intermodal stations, and
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11 e. public transit including bus, ferry, cable car, tram,
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12 trolley, and other types of publicly accessible
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13 transportation and all public transit infrastructure.
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14 SECTION 3. NEW LAW A new section of law to be codified
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15 in the Oklahoma Statutes as Section 128.2 of Title 60, unless there
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16 is created a duplication in numbering, reads as follows:
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17 A. A foreign principal from a foreign adversary country may not
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18 directly or indirectly own, have an interest of greater than twenty-
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19 five percent (25%) in, or acquire by purchase, grant, devise, or
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20 descent agricultural land or any interest, except a de minimis
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21 indirect interest, in such land in this state. A foreign principal
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22 has a de minimis indirect interest if any ownership is the result of
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23 the foreign principal's ownership of registered equities in a
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1 publicly traded company owning the land and if the ownership of the
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2 foreign principal in the country is either:
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3 1. Less than five percent (5%) of any class of registered
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4 equities or less than five percent (5%) in the aggregate in multiple
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5 classes of registered equities; or
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6 2. A noncontrolling interest in an entity controlled by a
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7 company that is both registered with the United States Securities
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8 and Exchange Commission as an investment advisor under the
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9 Investment Advisers Act of 1940, as amended, and is not a foreign
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10 entity.
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11 B. A foreign principal that directly or indirectly owns or
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12 otherwise controls agricultural land, as defined in Section 1 of
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13 this act, in this state must sell, transfer, or otherwise divest
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14 itself of the agricultural land within one hundred eighty (180) days
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15 of the effective date of this act.
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16 C. A foreign principal that directly or indirectly owns or
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17 acquires agricultural land or any interest in such land in this
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18 state shall register with the Oklahoma Department of Agriculture,
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19 Food, and Forestry within sixty (60) days of the effective date of
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20 this act or the date of acquisition, whichever is latest. The
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21 Department shall establish a form for such registration which, at
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22 minimum, shall include all of the following:
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23 1. The name of the owner of the agricultural land or the owner
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24 of the interest in such land;
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1 2. The address of the agricultural land, the parcel
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2 identification number of the property appraiser, and the legal
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3 description of the property; and
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4 3. The number of acres of the agricultural land.
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5 D. Notwithstanding the provisions of subsection A of this
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6 section, a foreign principal from a foreign adversary country may
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7 acquire agricultural land on or after the effective date of this act
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8 by devise or descent, through the enforcement of security interests,
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9 or through the collection of debts, provided that the foreign
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10 principal sells, transfers, or otherwise divests itself of the
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11 agricultural land within one hundred eighty (180) days of acquiring
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12 the agricultural land.
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13 E. Any current deeds, contracts, rental agreements, or other
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14 legal agreements in conflict with the provisions of this act shall
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15 be deemed invalid from the date of adoption unless otherwise
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16 provided.
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17 F. The responsibility for determining whether an entity is
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18 subject to the provisions of this section rests solely with the
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19 foreign entity, the Attorney General, any qualifying whistleblower,
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20 and no other individual or entity. An individual or entity who is
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21 not a foreign entity shall not be required to determine or inquire
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22 whether another person or entity is or may be subject to this
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23 section, and shall bear no civil or criminal liability under the
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24 provisions of this section.
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1 G. If a foreign principal from a foreign adversary country does
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2 not divest the real property as required by this section, the
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3 Attorney General shall commence an action in district court within
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4 the jurisdiction of the real property.
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5 H. If the real property is held in violation of the provisions
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6 of this section, the district court shall order that the real
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7 property be sold through judicial foreclosure.
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8 I. If a whistleblower referral results in a divestiture of land
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9 or other assets held in violation of the provisions of this section,
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10 the whistleblower shall be entitled to a reward equal to thirty
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11 percent (30%) of the proceeds of the land sale that results from the
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12 violation of this section after payments to lienholders. Proceeds
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13 of the sale shall be disbursed in the following order, as
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14 applicable:
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15 1. The payment of authorized costs of the sale, including all
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16 approved fees and expenses of the referee and any taxes and
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17 assessments due;
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18 2. The payment, in an amount approved by the court, to the
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19 Office of the Attorney General for reimbursement of investigation
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20 and litigation costs and expenses;
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21 3. To bona fide lienholders, in their order of priority, except
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22 for liens which under the terms of the sale are to remain on the
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23 property;
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24 4. To whistleblowers; and
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1 5. To the restricted foreign entity.
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2 J. The Oklahoma Department of Agriculture, Food, and Forestry
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3 shall adopt rules to implement the provisions of this section.
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4 SECTION 4. NEW LAW A new section of law to be codified
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5 in the Oklahoma Statutes as Section 128.3 of Title 60, unless there
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6 is created a duplication in numbering, reads as follows:
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7 A. A foreign principal from a foreign adversary country shall
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8 not be allowed to directly or indirectly purchase, hold, rent, or
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9 otherwise control any real property within ten (10) miles of a
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10 military base or installation.
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11 B. A foreign principal that directly or indirectly controls any
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12 real property covered by the provisions of subsection A of this
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13 section, excluding temporary contractual agreements such as rental
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14 or lease agreements, must sell, transfer, or otherwise divest itself
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15 of the property within one hundred eighty (180) days of the
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16 effective date of this act.
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17 C. Any current deeds, contracts, rental agreements, or other
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18 legal agreements in conflict with this law shall be deemed invalid
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19 from the date of adoption unless otherwise provided.
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20 D. If a foreign principal from a foreign adversary country does
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21 not divest the real property as required by the provisions of this
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22 section, the Attorney General shall commence an action in the
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23 district court within the jurisdiction of the real property.
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1 E. 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 F. 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 the provisions of this section after payments to
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9 lienholders. Proceeds of the sale shall be disbursed in the
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10 following order, as 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 district court, to
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15 the Attorney General for reimbursement of investigation and
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16 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 G. The responsibility for determining whether an entity is
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23 subject to this section rests solely with the foreign entity, the
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24 Attorney General, any qualifying whistleblower, and no other
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1 individual or entity. An individual or entity who is not a foreign
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2 entity shall not be required to determine or inquire whether another
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3 person or entity is or may be subject to the provisions of this
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4 section, and shall bear no civil or criminal liability under the
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5 provisions of this section.
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6 SECTION 5. NEW LAW A new section of law to be codified
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7 in the Oklahoma Statutes as Section 128.4 of Title 60, unless there
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8 is created a duplication in numbering, reads as follows:
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9 A. Any individual may act as a whistleblower and provide a
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10 referral to the Office of the Attorney General for violations of the
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11 provisions of Section 3 and Section 4 of this act.
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12 B. If a whistleblower referral results in a divestiture of land
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13 or other assets held in violation of the provisions of this act, the
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14 whistleblower shall be entitled to a reward equal to thirty percent
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15 (30%) of the proceeds of the land sale that results from violation
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16 of this act.
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17 C. The whistleblower enforcement provision shall take effect
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18 one hundred eighty (180) days after the effective date of this act.
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19 SECTION 6. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 13001 of Title 74, unless there
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21 is created a duplication in numbering, reads as follows:
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22 A. An entity constructing, repairing, operating, or otherwise
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23 having significant access to critical infrastructure may not enter
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24 into an agreement relating to critical infrastructure in this state
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1 with a foreign principal from a foreign adversary country, or use
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2 products or services produced by a foreign principal from a foreign
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3 adversary country.
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4 B. A governmental entity may not enter into a contract or other
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5 agreement relating to critical infrastructure in this state with a
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6 company that is a foreign principal from a foreign adversary
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7 country, or use products or services produced by a foreign principal
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8 from a foreign adversary country.
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9 C. Notwithstanding the provisions of subsection A and B of this
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10 section, an entity or governmental entity may enter into a contract
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11 or agreement relating to critical infrastructure with a foreign
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12 principal from a foreign adversary country or use products or
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13 services produced by a foreign principal from a foreign adversary
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14 country if:
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15 1. There is no other reasonable option for addressing the need
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16 relevant to state critical infrastructure;
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17 2. The contract is preapproved by the Office of the Attorney
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18 General; and
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19 3. Not entering into such a contract or agreement would pose a
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20 greater threat to the state than the threat associated with entering
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21 into the contract.
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22 SECTION 7. NEW LAW A new section of law to be codified
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23 in the Oklahoma Statutes as Section 13002 of Title 74, unless there
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24 is created a duplication in numbering, reads as follows:
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Req. No. 88 Page 14
1 A. In order to access critical infrastructure, a company must
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2 file a certification form with and pay a certification fee to the
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3 Office of the Attorney General. The Office of the Attorney General
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4 shall prescribe the registration form to be filed pursuant to the
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5 provisions of this section.
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6 B. To maintain registration as a company with access to
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7 critical infrastructure, a company shall:
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8 1. Identify all employee positions in the organization that
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9 have access to critical infrastructure;
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10 2. Before hiring a person described in paragraph 1 of this
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11 subsection, obtain from the Oklahoma State Bureau of Investigation
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12 or a private vendor criminal history record information relating to
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13 the prospective employee and any other background information
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14 considered necessary by the company or required by the Office of the
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15 Attorney General to protect critical infrastructure from foreign
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16 adversary infiltration or interference;
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17 3. Prohibit foreign nationals from a foreign adversary from
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18 access to critical infrastructure; and
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19 4. Be compliant with the provisions of Section 6 of this act.
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20 C. The Office of the Attorney General shall set the fee in an
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21 amount sufficient to cover the costs of administering the
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22 certification process but not to exceed One Hundred Fifty Dollars
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23 ($150.00).
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1 D. The Office of the Attorney General shall provide that a
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2 company is compliant with all requirements of this section or revoke
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3 certification.
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4 SECTION 8. NEW LAW A new section of law to be codified
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5 in the Oklahoma Statutes as Section 13003 of Title 74, unless there
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6 is created a duplication in numbering, reads as follows:
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7 A. All software used in state infrastructure located within or
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8 serving Oklahoma shall not include any software produced by a
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9 federally banned corporation, nor any software banned at the federal
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10 level.
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11 B. All software used in state infrastructure located within or
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12 serving Oklahoma shall not include any software produced in or by a
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13 foreign adversary, a state-owned enterprise of a foreign adversary,
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14 or a company domiciled within a foreign adversary.
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15 C. All software used in state infrastructure in operation
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16 within or serving Oklahoma, to include any state infrastructure
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17 which is not permanently disabled, shall have all software
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18 prohibited by subsection A or B of this section removed and replaced
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19 with software which is not prohibited by subsection A or B of this
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20 section.
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21 D. Any state infrastructure provider that removes,
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22 discontinues, or replaces any prohibited software shall not be
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23 required to obtain any additional permits from any state agency or
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24 political subdivision for the removal, discontinuance, or
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Req. No. 88 Page 16
1 replacement of such software as long as the state agency or
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2 political subdivision is properly notified of the necessary
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3 replacements and the replacement software is similar to the existing
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4 software.
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5 SECTION 9. NEW LAW A new section of law to be codified
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6 in the Oklahoma Statutes as Section 13004 of Title 74, unless there
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7 is created a duplication in numbering, reads as follows:
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8 A. The Office of the Attorney General shall establish a process
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9 by which local officials, states officials, or other persons may
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10 submit information or concerns to the Office regarding non-notified
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11 transactions in Oklahoma. The Office of the Attorney General may
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12 adopt any necessary rules to implement the provisions of this
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13 subsection.
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14 B. The Office of the Attorney General may submit a memorandum
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15 or report concerning non-notified transactions the Attorney General
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16 has identified in Oklahoma to the Committee on Foreign Investment in
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17 the United States.
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18 C. The Office of the Attorney General shall:
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19 1. Retain a copy of any documents submitted to the Committee on
19
20 Foreign Investment in the United States that are included with a
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21 memorandum or report submitted under the provisions of subsection B
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22 of this section; and
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23 2. Notify the Legislature and the Governor as soon as
23
24 practicable after submitting a memorandum, report, or other
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1 information pursuant to the provisions of subsection B of this
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2 section.
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3 SECTION 10. This act shall become effective November 1, 2025.
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5 60-1-88 CN 1/19/2025 5:45:26 AM
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Req. No. 88 Page 18Every fact on this page links to its source, starting with the official bill record.