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ENGR. H. B. NO. 1561 Page 1
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ENGROSSED HOUSE
BILL NO. 1561 By: Duel, Lepak, Manger, and
Archer of the House
and
Hines of the Senate
An Act relating to public finance; enacting the Foreign
Adversary Divestment Act of 2025; making findings; defining
terms; prohibiting certain entities from owning certain
investments; prescribing procedures for divestment;
prescribing duties for the State Treasurer; providing
immunity from certain liability for specific pension systems;
providing for affirmative defense; providing for
indemnification; providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11001 of Title 62, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Foreign
Adversary Divestment Act of 2025”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11002 of Title 62, unless there
is created a duplication in numbering, reads as follows:
The Foreign Adversary Divestment Act of 2025 will ensure that
Oklahoma public investment dollars are not put at risk in countries
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of concern and do not fund the development of the military
technologies and surveillance tools of foreign adversaries that
impede the furthering of Oklahoma’s interests and the interests of
the United States of America, by requiring the divestment of public
pension dollars and university endowment funds from countries of
concern.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11003 of Title 62, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “Company” shall mean any sole proprietorship, organization,
association, corporation, partnership, joint venture, limited
partnership, limited liability partnership, limited liability
company, or other entity or business association, including wholly
owned subsidiaries, majority-owned subsidiaries, parent companies,
or affiliates of those entities or business associations, that exist
for the purpose of making profit;
2. “Divestment” shall mean the sale or otherwise contractual
end of any current or planned investments;
3. “Domicile” shall mean either the country in which a company
is registered, where the company’s affairs are primarily completed,
or where the majority of ownership share is held;
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4. “Foreign adversary” shall mean any country designated by the
United States Secretary of State as hostile or a Country of
Particular Concern (CPC);
5. “Investment” shall mean any transfer of funds in any active
or passive, direct or indirect structure which seeks to generate
revenue or accomplish any other gain, including nonmonetary;
6. “Official government capacity” shall mean any role, elected
or appointed, in a government or its subsidiaries;
7. “State-managed fund” shall mean any short- or long-term
investment structure which is state-managed, state-run, state-
controlled, or otherwise overseen by Oklahoma, a state agency, or
any political subdivision within Oklahoma or agency controlled by
the same, in which the state or subdivision has primary discretion
over or vested interest in. Nothing in this definition shall be
construed so as to not apply to any fund which is subject to the
purview or direction of Oklahoma or applicable subdivision, and
populated, wholly or in part, with state funds, but managed by a
third-party entity, such as a fiduciary. This shall include, but is
not limited to:
a. public pension funds, public retirement funds, or
other state-sponsored funds, that is sponsored,
maintained, or contributed to or required to be
contributed to by Oklahoma or any locality within
Oklahoma, or any subsidiaries of such,
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b. city, county, or other local or municipal entity
investment funds, “rainy day funds”, or other
political-subdivision-controlled investment
structures, and
c. university or college endowments, trusts, or other
structure which constitutes, wholly or in part, a
public institution of higher education’s investable
assets; and
8. “State-owned enterprise” shall mean any company owned or
controlled, in whole or in part, by a government or by individuals
acting in official government capacities in any form.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11004 of Title 62, unless there
is created a duplication in numbering, reads as follows:
A. All state and local managed funds are prohibited from
holding investments in any:
1. Foreign adversary;
2. Company owned or controlled by a foreign adversary;
3. State-owned enterprise of a foreign adversary;
4. Company domiciled within a foreign adversary; or
5. Other entity within a foreign adversary.
B. All state and local managed funds are prohibited from
investing or depositing public funds in any bank that is domiciled
or has its principal place of business in a foreign adversary.
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SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11005 of Title 62, unless there
is created a duplication in numbering, reads as follows:
A. All state-managed funds are required to divest of any
holdings prohibited in this act by January 1, 2036, or ten (10)
years after the effective date of this act, whichever is earliest.
B. For purposes of this section, “divest” shall mean reducing
the value of prohibited investments to no more than five-hundredths
of one percent (0.0005) of the market value of all assets under
management by a state or locally managed fund.
C. For the purposes of this section, any time a new country is
designated as a foreign adversary, all state-mandated funds are
required to divest of any holdings in the newly designated foreign
adversary within ten (10) years after the designation of the country
as a foreign adversary. If a country is re-designated as a foreign
adversary after previously being removed from this list, the ten-
year divestment period shall be from the last time the country is
designated as a foreign adversary.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11006 of Title 62, unless there
is created a duplication in numbering, reads as follows:
A. The State Treasurer shall develop a notification system to
be able to identify foreign adversaries and Countries of Particular
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Concern. Such information shall be available to the entities
subject to the provisions of this act.
B. No later than six (6) months after the effective date of
this act, the entities subject to the provisions of this act shall
identify all companies that are state-owned enterprises of, are
domiciled within, whose primary affairs are conducted within, or
whose majority ownership is held within a foreign adversary, and
companies owned or controlled by a foreign adversary. The
identification process shall include, but are not limited to, the
following:
1. Reviewing and relying on publicly available information
regarding companies that are state-owned enterprises of, are
domiciled within, whose primary affairs are conducted within, or
whose majority ownership share is held within a foreign adversary,
including information provided by nonprofit organizations, research
firms, and government entities;
2. Contacting asset managers and fund managers contracted by a
state-managed fund that invest in companies and in funds that are
state-owned enterprises of, are domiciled within, whose primary
affairs are conducted within, or whose majority or plurality
ownership share is held within a foreign adversary; and
3. Contacting other institutional investors that have divested
from or engaged with companies that are state-owned enterprises of,
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are domiciled within, whose primary affairs are conducted within, or
whose majority ownership share is held within a foreign adversary.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11007 of Title 62, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section, "public pension system" means the:
1. Oklahoma Firefighters Pension and Retirement System;
2. Oklahoma Police Pension and Retirement System;
3. Uniform Retirement System for Justices and Judges;
4. Oklahoma Law Enforcement Retirement System;
5. Teachers' Retirement System of Oklahoma; and
6. Oklahoma Public Employees Retirement System.
B. No public pension system shall be liable in any action for
damages based upon the loss or alleged loss of value in pension
system assets based upon the provisions of this act. The provisions
of this subsection shall also be applicable to any action filed
naming the governing board of a public pension system, one or more
members of the governing board of a public pension system, or any of
its employees as defendants.
C. In any action filed naming a public pension system or any
other person described in subsection B of this section as
defendants, it shall be a defense to the action that the value of
pension system assets increased at any time after the date of the
alleged decrease in the value of pension system assets resulting
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from failure to comply with the provisions of this act. The
provisions of this subsection shall be applicable with regard to an
increase in the value of pension system assets occurring at any time
after such date, including the date as of which the action is filed.
For purposes of this section, any increase in the value of pension
system assets occurring during the pendency of an appeal from a
final judgment or other order establishing liability for damages may
also be used in defense of the claim for damages and the time period
shall be inclusive of any period during which a case is remanded
from an appellate court to a district court.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11008 of Title 62, unless there
is created a duplication in numbering, reads as follows:
A. The State of Oklahoma, public pension system plans as
defined in this act, as well as officers, board members, and
employees of the state or the public pension systems are immune from
civil liability for any act or omission related to any provision
under this act.
B. In addition to the immunity provided under subsection A of
this section, officers, board members, and employees of the state or
the public pension system plans are entitled to indemnification from
the public pension system for all losses, costs and expenses,
including reasonable attorney fees, associated with defending
against any claim or suit related to any provision of this act.
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SECTION 9. This act shall become effective November 1, 2025.
Passed the House of Representatives the 26th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate