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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1261 By: Hamilton
AS INTRODUCED
An Act relating to higher education; defining term;
prohibiting certain institutions of higher education
from being authorized to accept certain donations,
gifts, grants, or devises; providing for promulgation
of rules; amending 51 O.S. 2021, Section 24A.16a,
which relates to confidentiality of certain donors;
prohibiting institutions or agencies of The Oklahoma
State System of Higher Education from keeping certain
donor information confidential; amending 70 O.S.
2021, Section 4306, as amended by Section 576,
Chapter 486, O.S.L. 2025 (70 O.S. Supp. 2025, Section
4306), which relates to authorization of state higher
educational institutions, agencies, or entities to
accept gifts; exempting names of donors to certain
foundations from disclosure for certain audit;
updating statutory language; providing for
codification; providing an effective date; and
declaring an emergency.
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 3260 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. For the purposes of this section, “foreign source” means:
1. A foreign government including any agency of a foreign
government; and
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2. An agent including a subsidiary or affiliate of a foreign
legal entity acting on behalf of a foreign source.
B. Upon the effective date of this act, no institution of
higher education within The Oklahoma State System of Higher
Education shall be authorized to accept donations, gifts, grants, or
devises from a foreign source.
C. The Oklahoma State Regents for Higher Education may
promulgate rules to implement the provisions of this section.
SECTION 2. AMENDATORY 51 O.S. 2021, Section 24A.16a, is
amended to read as follows:
Section 24A.16a. Institutions or agencies of The Oklahoma State
System of Higher Education may keep shall be prohibited from keeping
confidential all any information pertaining to donors and
prospective donors to or for the benefit of the institutions or
agencies.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 4306, as
amended by Section 576, Chapter 486, O.S.L. 2025 (70 O.S. Supp.
2025, Section 4306), is amended to read as follows:
Section 4306. A. All state higher educational institutions,
constituent agencies, or other entities are hereby authorized to
accept and receive any and all grants or contracts of all kinds,
gifts, devises, and bequests of money or property, either real or
personal, which may be, or which may heretofore have been tendered
to them by grant or contract, will, or gift, conditionally or
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unconditionally; and the Board of Regents of said such institutions,
constituent agencies, or other entities are hereby directed,
authorized, and empowered to hold such funds or property in trust,
or invest or sell them and use either principal or interest or the
proceeds of sale for the benefit of such institutions or entities or
the students or others for whose benefit such institutions or
entities are conducted; all in any manner which is consistent with
the terms of the gift as stipulated by the donor and with the
provisions of any applicable laws. Money donated to a college- or
university-related foundation for student scholarships or grants to
students of an institution of The Oklahoma State System of Higher
Education shall not be loaned or given to any regent, officer,
director, or employee of such foundation or institution or to any
relative of such person within the third degree of affinity or
consanguinity. The following, however, shall not be prohibited:
1. Students in the employ of employed by such foundation or
institution may be given scholarships; and
2. Scholarships may be awarded to an otherwise disqualified
relative of any faculty member, staff employee, foundation or
institution officer, or maintenance worker of such foundation or
institution if such relative is meritoriously qualified.
B. Any person willfully violating the prohibitions of
subsection A of this section shall be guilty of a Class D1 felony
offense punishable by imprisonment as provided for in subsections B
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through F of Section 20N of Title 21 of the Oklahoma Statutes, or by
a fine of not more than Twenty Thousand Dollars ($20,000.00), or by
both such fine and imprisonment. Any person found guilty of said
such violations shall also be subject to immediate removal from
office or employment where applicable.
C. The Oklahoma State Regents for Higher Education, any
institution or agency of The Oklahoma State System of Higher
Education, or the regents or governing board of such institution or
agency shall not directly or indirectly transfer any funds to any
college- or university-related foundation or render services or
provide any thing of value to any such foundation without receiving
documented adequate payment or reimbursement therefor according to
written contract; provided, nothing herein shall be construed as
prohibiting payment by the institution or agency of claims for
expenses of fund raising fundraising for the benefit of the
institution or agency by state employees if such fund raising
fundraising activities are approved in advance by the governing
board of regents responsible for such institution or agency and made
a part of the minutes of the meeting of the board.
D. Neither the Oklahoma State Regents for Higher Education nor
any institution or agency of The Oklahoma State System of Higher
Education shall receive any funds, services, or thing of value from
any college- or university-related foundation which has any officers
or employees who are officers or employees of any institution or
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agency of the State System or State Regents unless such foundation
makes all its financial records and documents, including work
papers, except for and names of donors, available to auditors who
are performing audits of the institution or agency.
SECTION 4. This act shall become effective July 1, 2026.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-2863 EB 12/17/2025 9:13:03 AM