Oklahoma 2022 Regular Session

Oklahoma House Bill HB1497 Compare Versions

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3-SENATE FLOOR VERSION - HB1497 SFLR Page 1
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29-SENATE FLOOR VERSION
30-April 6, 2021
28+STATE OF OKLAHOMA
3129
30+1st Session of the 58th Legislature (2021)
3231
3332 COMMITTEE SUBSTITUTE
3433 FOR ENGROSSED
35-HOUSE BILL NO. 1497 By: McCall, Hilbert, Roberts
34+HOUSE BILL 1497 By: McCall, Hilbert, Roberts
3635 (Dustin), Wallace, Bashore,
3736 West (Kevin) and Boles of
3837 the House
3938
4039 and
4140
4241 Bullard of the Senate
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46+COMMITTEE SUBSTITUTE
4647
4748 An Act relating to property; amending 60 O.S. 2011,
4849 Sections 121 and 122, which relate to alien ownership
4950 of land; prohibiting certain ownership of land
5051 through business entity or trust ; requiring certain
5152 companies to inform Attor ney General or district
5253 attorney of potential sale; requiring paus e of
5354 certain transactions pending investigat ion; allowing
5455 resumption of certain transactions upon approval;
5556 requiring termination of certain transactions;
5657 modifying exception to certain ownership
5758 requirements; making language gender-neutral;
5859 updating statutory reference; and providing an
5960 effective date.
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6566 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6667 SECTION 1. AMENDATORY 60 O.S. 2011, Section 121, is
6768 amended to read as follows:
6869 Section 121. No alien or any person who is not a citizen of the
6970 United States shall acquire title to or own land in the State of
70-Oklahoma this state either directly or indirectly through a business
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97+Oklahoma this state either directly or indirectly through a business
9898 entity or trust, except as hereinafter provided, but he or she shall
9999 have and enjoy in the State of Oklahoma this state such rights as to
100100 personal property as are, or shall be accorded a citizen of the
101101 United States under the laws of the nation to which such alien
102102 belongs, or by the treaties of such nation with the United States,
103103 except as the same may be a ffected by the provisions of this act
104104 Section 121 et seq. of this title or the Constitution of this state.
105105 Any abstract company, closing company or title company with reason
106106 to believe that a client is attempting to purchase lan d in this
107107 state in violation of the provisions of this article shall inform
108108 the Attorney General or the district attorney of the county where
109109 the land is located and shall pause the transaction for the duration
110110 of the investigation of the Attor ney General or district attorney .
111111 Upon completion of an investigation, a transaction for sale of the
112112 property may be resumed upon approval of the Attorney General or
113113 district attorney. If the Attorney General or district attorney
114114 determines that the sale of the property would violate the
115115 provisions of this article, the trans action shall be terminated .
116116 SECTION 2. AMENDATORY 60 O.S. 2011, Section 122, is
117117 amended to read as follows:
118118 Section 122. This article shall not ap ply to lands now owned in
119119 this state by aliens so long as t hey are held by the present owners,
120120 nor to any alien who is or shall take up bona fide residence in this
121-state: and; provided, that any alien who is or shall become a b ona
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147+state: and; provided, that any alien who is or shall become a b ona
149148 fide resident of the Stat e of Oklahoma, or any lawfully recognized
150149 business entity, the majority of the voting stock or equivalent
151150 controlling equity in terest of which is owned by one or more
152151 resident aliens, shall have the right to acquire and hold la nds in
153152 this state upon the sa me terms as citizens of the State of Oklahoma
154153 during the continuance of such bona fide residence of such alien in
155154 this state: Provided, that if any such resident alien shall cease
156155 to be a bona fide inhabitant of this state, such a lien shall have
157156 five (5) years from the time he or she ceased to be such bona fide
158157 resident in which to alienate such lands.
159158 SECTION 3. This act shall become effective November 1, 2021.
160-COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
161-April 6, 2021 - DO PASS AS AMENDED
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160+58-1-1989 TEK 4/6/2021 11:10:27 AM