Read the full stored bill text
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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1963 By: Hamilton
AS INTRODUCED
An Act relating to property and critical
infrastructure; creating the Military Installation
and Critical Infrastructure Protection Act of 2026;
providing short title; defining terms; prohibiting
foreign principals from foreign countries from
owning, having an interest in, or acquiring
agricultural land; describing scope of de minimis
indirect interest; directing the sale, transfer, or
divestiture of agricultural land under certain
circumstances; establishing registration
requirements; allowing for the acquisition of
agricultural land under certain circumstances;
deeming contracts, deeds, or other agreements
invalid; assigning the Attorney General with the
responsibility of making certain determinations;
granting the Attorney General the authority to
commence certain actions in district court; providing
for the sale of land through judicial foreclosure;
providing payment of a reward to whistleblowers;
providing for the disbursement of proceeds; providing
for the adoption of rules; prohibiting foreign
principals from foreign countries from purchasing,
holding, renting, or controlling any property near
military bases or installations; requiring the sale,
transfer, or divestiture of property within certain
time period; deeming contracts, deeds, or other
agreements invalid; granting the Attorney General the
authority to commence certain actions in district
court; providing for the sale of land through
judicial foreclosure; providing payment of a reward
to whistleblowers; providing for the disbursement of
proceeds; assigning the Attorney General with the
responsibility of making certain determinations;
establishing guidelines for whistleblowers; providing
for referrals to the Office of the Attorney General;
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establishing rewards for whistleblowers; setting
effective date for whistleblower enforcement
provision; prohibiting entities and governmental
entities from entering into agreements relating to
critical infrastructure with foreign principals from
foreign countries; authorizing entities and
governmental entities to enter into agreements under
certain circumstances; requiring companies to file a
certification form prior to accessing critical
infrastructure; establishing guidelines for
maintaining registrations; setting fee for
administering certification process; providing for
the revocation of certifications; prohibiting the use
of certain software in state infrastructure;
providing for the replacement of prohibited software;
providing software removal and notification
requirements; directing the Office of the Attorney
General to establish reporting process for non-
notified transactions; authorizing the Office of the
Attorney General to submit memorandums or reports to
certain committee; directing the Attorney General to
retain certain documents and notify the Legislature
and Governor; providing for noncodification;
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 not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Military
Installation and Critical Infrastructure Protection Act of 2026”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128.1 of Title 60, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
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1. “Agricultural land” shall mean a land area that is either
arable, under permanent crops, or under permanent pastures. Arable
land includes land under temporary crops such as cereals, temporary
meadows for mowing or pasture, land under market or kitchen gardens,
and land temporarily fallow. Land abandoned as a result of shifting
cultivation is excluded. Land under permanent crops is cultivated
with crops that occupy the land for long periods and need not be
replanted after each harvest, such as orchards or vineyards. This
category excludes land under trees grown for wood or timber.
Permanent pasture land is land used for five (5) or more years for
forage, including natural and cultivated crops;
2. “Company” shall mean a for-profit sole proprietorship,
organization, association, corporation, partnership, joint venture,
limited partnership, limited liability partnership, or limited
liability company, including a wholly owned subsidiary, majority-
owned subsidiary, parent company, or affiliate of those entities or
business associations, that exists to make a profit, or a nonprofit
organization;
3. “Critical infrastructure” shall mean systems and assets,
whether physical or virtual, so vital to Oklahoma or the United
States that the incapacity or destruction of such systems and assets
would have a debilitating impact on state or national security,
state or national economic security, state or national public
health, or any combination of those matters. A critical
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infrastructure may be publicly or privately owned and includes, but
is not limited to:
a. gas and oil production, storage, or delivery systems,
b. water supply, refinement, storage, or delivery
systems,
c. telecommunications networks,
d. electrical power delivery systems,
e. emergency services,
f. transportation systems and services,
g. data centers, or
h. personal data or otherwise classified information
storage systems, including cybersecurity;
4. “Cybersecurity” shall mean the measures taken to protect a
computer, computer network, computer system, or other technology
infrastructure against unauthorized use or access;
5. “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
appliances, telecommunications, and data storage
systems,
b. systems for monitoring and managing infrastructure
performance,
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c. equipment used for the transformation, transmission,
distribution, or management of at least one 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;
6. “Domicile” shall mean either the country in which a company
is registered, where the affairs of the company are primarily
completed, or where the majority of ownership share is held;
7. “Foreign country” shall mean any country besides the United
States;
8. “Foreign principal” shall mean:
a. the government or any official of the government of a
foreign country,
b. a political party or member of a political party or
any subdivision of a political party of a foreign
country,
c. a partnership, association, corporation, organization,
or other combination of persons organized under the
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laws of or having its principal place of business in a
foreign country, or a subsidiary of such entity, or
that is owned or controlled wholly or in part by any
person, entity, or collection of persons or entities
of a foreign country,
d. any person who is domiciled in a foreign country 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;
9. “Military base or installation” shall mean any land,
structure, or property owned or controlled by any division of the
United States Department of Defense, Oklahoma National Guard, or any
other department of government, state or federal, critical to the
safety and security of Oklahoma or the United States;
10. “Non-notified transactions” shall mean foreign investments
in the United States that are not voluntarily submitted to the
Committee on Foreign Investment in the United States for review
under 50 U.S.C., Section 4565;
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11. “Operational software” shall mean computer programs used
for the operation, control, maneuver, or maintenance of state
infrastructure, or any other computer program applications related
to state infrastructure;
12. “Software” shall mean any program or routine, or any set of
one or more programs or routines, which are used or intended for use
to cause one or more computers or pieces of computer related
peripheral equipment, or any combination thereof, to perform a task
or set of tasks, as it relates to state infrastructure;
13. “State infrastructure” shall mean critical infrastructure
and transportation infrastructure; and
14. “Transportation infrastructure” shall include, but not be
limited to:
a. airports including, but not limited to, commercial and
intermodal airports and heliports and all airport
infrastructure,
b. roadways including, but not limited to, publicly
accessible streets, roads, highways, and bridges and
all roadway infrastructure including, but not limited
to, signage, toll booths, weigh stations, and traffic
signals,
c. railways including, but not limited to, all classes of
freight rail and passenger rail and all railway
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infrastructure including, but not limited to,
intermodal rail yards and signals,
d. ports including, but not limited to, inland ports,
seaports, deepwater ports, inland waterways, and
levees and all port infrastructure including, but not
limited to, intermodal stations, and
e. public transit including bus, ferry, cable car, tram,
trolley, and other types of publicly accessible
transportation and all public transit infrastructure.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128.2 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. A foreign principal from a foreign country may not directly
or indirectly own, have an interest of greater than twenty-five
percent (25%) in, or acquire by purchase, grant, devise, or descent
agricultural land or any interest, except a de minimis indirect
interest, in such land in this state. A foreign principal has a de
minimis indirect interest if any ownership is the result of the
foreign principal’s ownership of registered equities in a publicly
traded company owning the land and if the ownership of the foreign
principal in the country is either:
1. Less than five percent (5%) of any class of registered
equities or less than five percent (5%) in the aggregate in multiple
classes of registered equities; or
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2. A noncontrolling interest in an entity controlled by a
company that is both registered with the United States Securities
and Exchange Commission as an investment advisor under the
Investment Advisers Act of 1940, as amended, and is not a foreign
entity.
B. A foreign principal that directly or indirectly owns or
otherwise controls agricultural land, as defined in Section 2 of
this act, in this state must sell, transfer, or otherwise divest
itself of the agricultural land within one hundred eighty (180) days
of the effective date of this act.
C. A foreign principal that directly or indirectly owns or
acquires agricultural land or any interest in such land in this
state shall register with the Oklahoma Department of Agriculture,
Food, and Forestry within sixty (60) days of the effective date of
this act or the date of acquisition, whichever is latest. The
Department shall establish a form for such registration which, at
minimum, shall include all of the following:
1. The name of the owner of the agricultural land or the owner
of the interest in such land;
2. The address of the agricultural land, the parcel
identification number of the property appraiser, and the legal
description of the property; and
3. The number of acres of the agricultural land.
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D. Notwithstanding the provisions of subsection A of this
section, a foreign principal from a foreign country may acquire
agricultural land on or after the effective date of this act by
devise or descent, through the enforcement of security interests, or
through the collection of debts, provided that the foreign principal
sells, transfers, or otherwise divests itself of the agricultural
land within one hundred eighty (180) days of acquiring the
agricultural land.
E. Any current deeds, contracts, rental 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.
F. The responsibility for determining whether an entity is
subject to the provisions of this section rests solely with the
foreign entity, the Attorney General, any qualifying whistleblower,
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.
G. If a foreign principal from a foreign country 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.
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H. If the real property is held in violation of the provisions
of this section, the district court shall order that the real
property be sold through judicial foreclosure.
I. If a whistleblower referral results in a divestiture of land
or other assets held in violation of the provisions of this section,
the whistleblower shall be entitled to a reward equal to thirty
percent (30%) of the proceeds of the land sale that results from the
violation of this section after payments to lienholders. Proceeds
of the sale shall be disbursed in the following order, as
applicable:
1. The payment of authorized costs of the sale, including all
approved fees and expenses of the referee and any taxes and
assessments due;
2. The payment, in an amount approved by the court, to the
Office of the Attorney General for reimbursement of investigation
and litigation costs and expenses;
3. To bona fide lienholders, in their order of priority, except
for liens which under the terms of the sale are to remain on the
property;
4. To whistleblowers; and
5. To the restricted foreign entity.
J. The Oklahoma Department of Agriculture, Food, and Forestry
shall adopt rules to implement the provisions of this section.
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SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128.3 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. A foreign principal from a foreign country shall not be
allowed to directly or indirectly purchase, hold, rent, or otherwise
control any real property within ten (10) miles of a military base
or installation.
B. A foreign principal that directly or indirectly controls any
real property covered by the provisions of subsection A of this
section, excluding temporary contractual agreements such as rental
or lease agreements, must sell, transfer, or otherwise divest itself
of the property within one hundred eighty (180) days of the
effective date of this act.
C. Any current deeds, contracts, rental agreements, or other
legal agreements in conflict with this law shall be deemed invalid
from the date of adoption unless otherwise provided.
D. If a foreign principal from a foreign country does not
divest the real property as required by the provisions of this
section, the Attorney General shall commence an action in the
district court within the jurisdiction of the real property.
E. If the real property is held in violation of the provisions
of this section, the district court shall order that the real
property be sold through judicial foreclosure.
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F. If a whistleblower referral results in a divestiture of land
or other assets held in violation of the provisions of this section,
the whistleblower shall be entitled to a reward equal to thirty
percent (30%) of the proceeds of the land sale that results from the
violation of the provisions of this section after payments to
lienholders. Proceeds of the sale shall be disbursed in the
following order, as applicable:
1. The payment of authorized costs of the sale, including all
approved fees and expenses of the referee and any taxes and
assessments due;
2. The payment, in an amount approved by the district court, to
the Attorney General for reimbursement of investigation and
litigation costs and expenses;
3. To bona fide lienholders, in their order of priority, except
for liens which under the terms of the sale are to remain on the
property;
4. To whistleblowers; and
5. To the restricted foreign entity.
G. The responsibility for determining whether an entity is
subject to this section rests solely with the foreign entity, the
Attorney General, any qualifying whistleblower, 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 the provisions of this
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section, and shall bear no civil or criminal liability under the
provisions of this section.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128.4 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. Any individual may act as a whistleblower and provide a
referral to the Office of the Attorney General for violations of the
provisions of Section 3 and Section 4 of this act.
B. If a whistleblower referral results in a divestiture of land
or other assets held in violation of the provisions of this act, the
whistleblower shall be entitled to a reward equal to thirty percent
(30%) of the proceeds of the land sale that results from a violation
of this act.
C. The whistleblower enforcement provision shall take effect
one hundred eighty (180) days after the effective date of this act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13001 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. An entity constructing, repairing, operating, or otherwise
having significant access to critical infrastructure may not enter
into an agreement relating to critical infrastructure in this state
with a foreign principal from a foreign country, or use products or
services produced by a foreign principal from a foreign country.
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B. A governmental entity may not enter into a contract or other
agreement relating to critical infrastructure in this state with a
company that is a foreign principal from a foreign country, or use
products or services produced by a foreign principal from a foreign
country.
C. Notwithstanding the provisions of subsection A and B of this
section, an entity or governmental entity may enter into a contract
or agreement relating to critical infrastructure with a foreign
principal from a foreign country or use products or services
produced by a foreign principal from a foreign country if:
1. There is no other reasonable option for addressing the need
relevant to state critical infrastructure;
2. The contract is preapproved by the Office of the Attorney
General; and
3. Not entering into such a contract or agreement would pose a
greater threat to the state than the threat associated with entering
into the contract.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13002 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. In order to access critical infrastructure, a company must
file a certification form with and pay a certification fee to the
Office of the Attorney General. The Office of the Attorney General
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shall prescribe the registration form to be filed pursuant to the
provisions of this section.
B. To maintain registration as a company with access to
critical infrastructure, a company shall:
1. Identify all employee positions in the organization that
have access to critical infrastructure;
2. Before hiring a person for a position described in paragraph
1 of this subsection, obtain from the Oklahoma State Bureau of
Investigation or a private vendor criminal history record
information relating to the prospective employee and any other
background information considered necessary by the company or
required by the Office of the Attorney General to protect critical
infrastructure from foreign country infiltration or interference;
3. Prohibit foreign nationals from a foreign country from
access to critical infrastructure; and
4. Be compliant with the provisions of Section 6 of this act.
C. The Office of the Attorney General shall set the fee in an
amount sufficient to cover the costs of administering the
certification process but not to exceed One Hundred Fifty Dollars
($150.00).
D. The Office of the Attorney General shall provide that a
company is compliant with all requirements of this section or revoke
certification.
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SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13003 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. All software used in state infrastructure located within or
serving Oklahoma shall not include any software produced by a
federally banned corporation, nor any software banned at the federal
level.
B. All software used in state infrastructure located within or
serving Oklahoma shall not include any software produced in or by a
foreign country, a state-owned enterprise of a foreign country, or a
company domiciled within a foreign country.
C. All software used in state infrastructure in operation
within or serving Oklahoma, to include any state infrastructure
which is not permanently disabled, shall have all software
prohibited by subsection A or B of this section removed and replaced
with software which is not prohibited by subsection A or B of this
section.
D. Any state infrastructure provider that removes,
discontinues, or replaces any prohibited software shall not be
required to obtain any additional permits from any state agency or
political subdivision for the removal, discontinuance, or
replacement of such software as long as the state agency or
political subdivision is properly notified of the necessary
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replacements and the replacement software is similar to the existing
software.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13004 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. The Office of the Attorney General shall establish a process
by which local officials, states officials, or other persons may
submit information or concerns to the Office regarding non-notified
transactions in Oklahoma. The Office of the Attorney General may
adopt any necessary rules to implement the provisions of this
subsection.
B. The Office of the Attorney General may submit a memorandum
or report concerning non-notified transactions the Attorney General
has identified in Oklahoma to the Committee on Foreign Investment in
the United States.
C. The Office of the Attorney General shall:
1. Retain a copy of any documents submitted to the Committee on
Foreign Investment in the United States that are included with a
memorandum or report submitted under the provisions of subsection B
of this section; and
2. Notify the Legislature and the Governor as soon as
practicable after submitting a memorandum, report, or other
information pursuant to the provisions of subsection B of this
section.
Req. No. 2765 Page 19
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SECTION 10. This act shall become effective November 1, 2026.
60-2-2765 BLB 1/15/2026 9:15:07 AM