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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 349 By: Bergstrom
AS INTRODUCED
An Act relating to higher education; defining terms;
requiring certain institutions of higher education to
provide certain report on certain funding by the
first day of each calendar quarter; providing for
contents of report; directing the report to be
subject to certain act and posted on certain
institution’s website; requiring report to be
electronically submitted to the Governor and the
chairs of certain committees; subjecting covered
institutions to certain fine for willful failure to
include certain information in certain report;
directing fine amount and unreported funding to be
deposited in certain fund; allowing the Attorney
General to investigate noncompliance; providing
certain construction; providing for promulgation of
rules; 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. As used in this section:
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1. “Contract” means any agreement for the acquisition by
purchase, lease, or barter of property or services by a foreign
source for the direct benefit or use of either of the parties;
2. “Covered institution” means any institution of higher
education within The Oklahoma State System of Higher Education or a
private institution of higher education located within this state
and accredited pursuant to Section 4103 of Title 70 of the Oklahoma
Statutes;
3. “Foreign source” means:
a. a foreign government including an agency of a foreign
government,
b. a legal entity, governmental or otherwise, created
solely under the laws of a foreign government,
c. an individual who is not a citizen or a national of
the United States or a trust territory or protectorate
thereof, and
d. an agent including a subsidiary or affiliate of a
foreign legal entity acting on behalf of a foreign
source; and
4. “Reportable funding” means any contract, gift, grant,
endowment, award, or donation or payment in exchange for services,
capital investment, salary, wage, compensation, fee, or other
monetary exchange including any pledge, promise, agreement, or
expressed intention by a foreign source to provide funding which
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exceeds Fifty Thousand Dollars ($50,000.00) in value or is expected
to exceed Fifty Thousand Dollars ($50,000.00) in value over the
projected length of the funding relationship between the covered
institution and a foreign source.
B. Except as provided for in subsection E of this section, each
covered institution shall provide on the first day of each calendar
quarter a report detailing all reportable funding received by the
covered institution from a foreign source during the previous
calendar quarter. The report shall include:
1. The amount of reportable funding received;
2. A description of the type of reportable funding and the
purpose thereof including whether the funding reported is part of an
ongoing relationship with the foreign source;
3. A detailed description of the foreign source providing the
funding including the name and address of the entity or individual
providing the funding; and
4. A copy of any contract, agreement, pledge, or memorandum of
understanding associated with the funding.
C. The report required by subsection B of this section shall be
a public record subject to the Oklahoma Open Records Act and shall
be timely posted and regularly updated on the covered institution’s
website. A copy of the report shall be electronically submitted to
the Governor and the chairs of the Senate and House of
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Representatives committees with responsibility over higher
education.
D. Willful failure of the covered institution to include
reportable funding in a report required by subsection B of this
section shall subject the covered institution to a fine of up to Ten
Thousand Dollars ($10,000.00) per incident. The fine amount and the
amount of reportable funding not included in the report required by
subsection B of this section shall be deposited in the General
Revenue Fund. The Attorney General may investigate a covered
institution for noncompliance with the provisions of this section.
E. The provisions of this section shall not apply to payments
made by an individual who would otherwise qualify as a foreign
source for tuition and related fees to support an individual
enrolled as a student at the covered institution.
F. The Oklahoma State Regents for Higher Education may
promulgate rules to implement the provisions of this section.
SECTION 2. This act shall become effective July 1, 2025.
SECTION 3. 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.
60-1-1075 EB 1/3/2025 10:12:47 AM