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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2461 By: Hill
COMMITTEE SUBSTITUTE
An Act relating to state property; creating the
Oklahoma Capitol Critical Infrastructure Act;
amending 3 O.S. 2021, Section 322, which relates to
critical infrastructure facilities; modifying
definition; amending 21 O.S. 2021, Section 1792,
which relates to critical infrastructure facilities;
modifying definition; amending 74 O.S. 2021, Section
1811.4C, which relates to the State Capitol Complex
and State Capitol Park; modifying reference to the
Oklahoma Administrative Code ; providing for
noncodification; and declaring an emergency.
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 c ited as the "Oklahoma
Capitol Critical Infrastructure Act ".
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SECTION 2. AMENDATORY 3 O.S. 2021, Section 322, is
amended to read as follows:
Section 322. A. As used in this section:
1. "Critical infrastructure facility " means:
a. one of the following, if completely enclosed by a
fence or other physical barrier that is obviously
designed to exclude intrud ers, or if clearly marked
with a sign or signs that are posted on the property ,
that are reasonably likely to come to the attention of
intruders, and indicate that entry is forbidden or
flight of unmanned aircraft wi thout site authorization
is forbidden:
(1) a petroleum or alumina refinery,
(2) an electrical power generating facility,
substation, switching station or electrical
control center,
(3) a chemical, polymer or rubber manufacturin g
facility,
(4) a water intake structure, water treatment
facility, wastewater treatment plant or pump
station,
(5) a natural gas compressor station,
(6) a liquid natural gas terminal or storage
facility,
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(7) a telecommunications central switching office,
(8) wireless telecommunicatio ns infrastructure,
including cell towers,
(9) a port, railroad switching yard, trucking
terminal or other freight transportation
facility,
(10) a gas processing plant, including a plant used in
the processing, treatment or frac tionation of
natural gas or natural gas liquids,
(11) a transmission facil ity used by a federally
licensed radio or television station,
(12) a steelmaking facility tha t uses an electric arc
furnace to make steel,
(13) a facility identified and regulated by the United
States Department of Homeland Security Chemical
Facility Anti-Terrorism Standards (CFATS)
program,
(14) a dam that is regulated by the state or federal
government, or
(15) a natural gas distribution util ity facility,
including, but not limited to, pipeline
interconnections, a city gate or town border
station, metering station, aboveground piping, a
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regulator station and a natural gas storage
facility, or
b. any aboveground portion of an oil, gas, hazardou s
liquid or chemical pipeline that is enc losed by a
fence or other physical barrier that is obviously
designed to exclude intruders , or
c. the State Capitol Park ;
2. "Dam" means any barrier, including a ny appurtenant
structures, that is constructed for th e purpose of permanently or
temporarily impounding water; and
3. "Unmanned aircraft" means an aircraft withou t occupants that
is flown by a pilot via a ground control system or autonomously
through use of an onboard computer and other additional equipment
necessary to operate the aircraft and in cludes unmanned aircraft
commonly called drones.
B. Except as provid ed in subsection C of this section, a person
shall not intentionally or knowingly:
1. Operate an unmanned aircraft over a critical infrastructure
facility if the unmanned aircraft is les s than four hundred (400)
feet above ground level;
2. Allow an unmanned aircraft to make contact with a critical
infrastructure facility, including any person or object on the
premises of or within the facility; or
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3. Allow an unmanned aircraft to come w ithin a distance of a
critical infrastructure facility that is close enough to interfere
with the operations of or cause a disturbance to the facility.
C. This section shall not apply to conduct committed by:
1. The federal government, the state or a pol itical subdivision
of the state;
2. A person under contract with or otherwise acting under the
direction or on behalf of the federal government, the state or a
political subdivision of the state;
3. A law enforcement agency;
4. A person under contract w ith or otherwise acting under the
direction or on behalf of a law enf orcement agency;
5. An The owner or operator of the critical infrastructure
facility;
6. A person under contract with or otherwise acting under the
direction or on behalf of an owner or operator of the critical
infrastructure facility;
7. A person who has t he prior written consent of the owner or
operator of the critical infrastructure facility;
8. The owner or occupant of the property on which the critical
infrastructure facility is l ocated or a person who has th e prior
written consent of the owner or occu pant of that property; or
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9. An operator of an unmanned aircraft that is being used for a
commercial purpose, if the operator is authorized b y the Federal
Aviation Administration to conduct operations over that airspace.
D. Any person in violation of thi s section may be civilly
liable for damages to the critical infrastructure facility to
include, but not be limited to, damage to property, the environment
or human health.
SECTION 3. AMENDATORY 21 O.S. 2021, Section 1792, is
amended to read as follows:
Section 1792. A. Any person who shall willfully trespass or
enter property containing a critical infrastructure f acility without
permission by the owner of th e property or lawful occupant thereof
shall, upon conviction, be guilty o f a misdemeanor punishable by a
fine of not less than One Thousand Dollars ($1,000.00), or by
imprisonment in the county jail for a term o f six (6) months, or by
both such fine and im prisonment. If it is determi ned the intent of
the trespasser is to willf ully damage, destroy, vandalize, deface,
tamper with equipment, or impede or inhibit operatio ns of the
facility, the person shall, upon co nviction, be guilty of a felony
punishable by a fine of not less than Ten Thousand Dollars
($10,000.00), or by impriso nment in the custody of the Department of
Corrections for a term of one (1) year, or by both such fine and
imprisonment.
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B. Any person who shall willfully damage, destroy, vandalize,
deface or tamper with equipm ent in a critical infrastructure
facility shall, upon conviction, be guilty of a felony punishable by
a fine of One Hundred Thousand Doll ars ($100,000.00), or by
imprisonment in the custody of the Department of Corrections for a
term of not more than ten ( 10) years, or by both such fine and
imprisonment.
C. If an organization is found to be a conspirator with persons
who are found to have committed any of the crimes described in
subsection A or B of this section, the conspiring organization shall
be punished by a fine that is ten times the amount of said fine
authorized by the appropriate provision of this section.
D. As used in this secti on, "critical infrastructure facility "
means:
1. One of the following, if completely encl osed by a fence or
other physical barrier that is obviously designed to e xclude
intruders, or if clearly marked with a sign or signs that are posted
on the property that are reasonably likely to come to the atte ntion
of intruders and indicate that entry is forbidden without site
authorization:
a. a petroleum or alumina refinery ,
b. an electrical power generating facility, substation,
switching station, electrical contr ol center or
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electric power lines and associa ted equipment
infrastructure,
c. a chemical, polymer or rubber manufacturi ng facility,
d. a water intake structure, wa ter treatment facility,
wastewater treatment plant or pump station,
e. a natural gas compress or station,
f. a liquid natural gas terminal or storage facility,
g. a telecommunications central switching office,
h. wireless telecommunications infrastructure, including
cell towers, telephone poles and lines, including
fiber optic lines,
i. a port, railroad switching yard, railroad tracks,
trucking terminal or other freight transportation
facility,
j. a gas processing plant, including a plant used in the
processing, treatment or fractionation of natural gas
or natural gas liquids,
k. a transmission facility used by a federally licensed
radio or television station,
l. a steelmaking facility t hat uses an electric arc
furnace to make steel,
m. a facility identified and regulated by the United
States Department of Homeland Security Chemical
Facility Anti-Terrorism Standards (CFATS) program,
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n. a dam that is regulated by the state or federal
government,
o. a natural gas distribution utility facility including,
but not limited to, pipeline interconnections, a city
gate or town border station, metering station,
aboveground piping, a regulator station and a natural
gas storage facility, or
p. a crude oil or refined products stora ge and
distribution facility including, but not limited to,
valve sites, pipeline interconnections, pump station,
metering station, below or aboveground pipeline or
piping and truck loading or offloading facilit y; or
2. Any aboveground portion of an oil, gas, hazardous liquid or
chemical pipeline, tank, railroad facility or other storage facility
that is enclosed by a fence, other physical barrier o r is clearly
marked with signs prohibit ing trespassing, that are obviously
designed to exclude intruders ; or
3. Property within the State Capitol Park owned, leased, or
occupied by the State of Oklahoma or by an agency, board,
commission, department, or ot her entity of the government of the
State of Oklahoma.
SECTION 4. AMENDATORY 74 O. S. 2021, Section 1811.4C, is
amended to read as follo ws:
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Section 1811.4C A. The provisions of T itle 47 of the Oklahoma
Statutes shall be applicable to all streets and highways within t he
State Capitol Park in Oklah oma City and the State Capitol Complex i n
Tulsa. The Department of Public Safety shall be th e primary law
enforcement agency within the State Capitol Park and within the
State Capitol Complex, upon its establishment, and shal l enforce and
supervise the enforcement of all parking, traffic and cr iminal laws
therein.
B. The rules for the "Use of the Public Areas of the Capitol
and Plazas" and for the "Use of the State Capitol Park", as
promulgated by the Office of Management and Enterprise Services and
set out in Subchapters 5 3 and 7 5 of Chapter 10 60 of Title 580 260
of the Oklahoma Administrativ e Code, are applicable to the State
Capitol Park and State Capitol Complex. The Department of P ublic
Safety shall have the exclusive authority to enforce these ru les. A
violation of a rule shall be a m isdemeanor and, upon conviction,
shall be punishable by imprisonment in the county jail not excee ding
one (1) year, or by a fine not exceeding Five H undred Dollars
($500.00), or by both such fine and imprisonment.
C. This section shall not be construed to divest the Cities of
Oklahoma City or Tulsa of juris diction relating to the enforcement
of any law or ordinance within said parks except the enforce ment of
laws regarding vehicle parkin g which shall be vested exclus ively in
the Department of Public Safety .
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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.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
02/22/2023 - DO PASS, As Amended.