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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1706 By: Hamilton
AS INTRODUCED
An Act relating to foreign ownership of land;
defining terms; prohibiting foreign principals from
renting, leasing, or having a controlling interest in
data centers; requiring foreign principals to divest
from any data center currently rented, leased, or
controlled; invalidating certain agreements;
requiring the Attorney General to commence an action
in certain circumstances; requiring district courts
to make certain order in certain circumstances;
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 128.5 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Data center” means a facility whose primary services are
the storage, management, and processing of digital data and that is
used to house:
a. computer and network systems, including associated
components such as servers, network equipment and
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appliances, and telecommunications and data storage
systems,
b. systems for monitoring and managing infrastructure
performance,
c. equipment used for the transformation, transmission,
distribution, or management of at least one (1)
megawatt of capacity of electrical power and cooling,
including substations, uninterruptible power supply
systems, all electrical plant equipment, and
associated air handlers,
d. Internet-related equipment and services,
e. data communications connections,
f. environmental controls,
g. fire protection systems, and
h. security systems and services;
2. “Foreign adversary” means any country designated by the
United States Secretary of State as hostile or a Country of
Particular Concern (CPC); and
3. “Foreign principal” means:
a. the government or any official of the government of a
foreign adversary,
b. a political party or member of a political party or
any subdivision of a political party of a foreign
adversary,
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c. a partnership, association, corporation, organization,
or other combination of persons organized under the
laws of or having its principal place of business in a
foreign adversary, or a subsidiary of such entity, or
owned or controlled wholly or in part by any person,
entity, or collection of persons or entities of a
foreign adversary,
d. any person who is domiciled in a foreign adversary and
is not a citizen or lawful permanent resident of the
United States, or
e. any person, entity, or collection of persons or
entities described in subparagraphs a through d of
this paragraph having a controlling interest in a
partnership, association, corporation, organization,
trust, or any other legal entity or subsidiary formed
for the purpose of owning real property.
B. A foreign principal from a foreign adversary may not
directly or indirectly rent or lease or otherwise hold a controlling
interest in a data center, as defined in subsection A of this
section, in this state.
C. A foreign principal that directly or indirectly rents or
leases a data center, as defined in subsection A of this section, in
this state shall divest itself of any rental agreement, lease
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agreement, or controlling interest in the data center within one
hundred eighty (180) days of the effective date of this act.
D. Any current rental agreements, lease agreements, or other
legal agreements in conflict with the provisions of this act shall
be deemed invalid from the date of adoption unless otherwise
provided.
E. The responsibility for determining whether an entity is
subject to the provisions of this section rests solely with the
foreign entity, the Attorney General, and no other individual or
entity. An individual or entity who is not a foreign entity shall
not be required to determine or inquire whether another person or
entity is or may be subject to this section, and shall bear no civil
or criminal liability under the provisions of this section.
F. If a foreign principal from a foreign adversary does not
divest the real property as required by this section, the Attorney
General shall commence an action in district court within the
jurisdiction of the real property.
G. If a data center is held in violation of the provisions of
this section, the district court shall order the foreign principal
to divest itself of any rental agreement, lease agreement, or
controlling interest in the data center.
SECTION 2. This act shall become effective November 1, 2026.
60-2-2838 BLB 1/14/2026 10:42:40 AM