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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 212 By: Bullard, Burns, Stephens,
Jett, and Hamilton of the
Senate
and
Humphrey of the House
[ property – alien ownership of land – business
entities – recording of deed – effective date ]
AUTHOR: Add the following House Coauthor: Boles
Add the following Senate Coauthor: Woods
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"An Act relating to property; amending 60 O.S. 2021,
Section 121, which r elates to alien ownership of
land; prohibiting certain ownership of land through
business entity or trust ; providing exception for
certain business entities; requiring inclusion of
certain affidavit with recording of deed; directing
Attorney General to pro mulgate certain affidavi t
forms; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 60 O.S. 2021, Section 121, is
amended to read as follows:
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Section 121. A. No alien or any person who is not a citizen of
the United States shall acquire title to or own land in the State of
Oklahoma this state either directly or i ndirectly through a business
entity or trust, except as hereinafter provided, but he or she shall
have and enjoy in the State of Oklahoma this state such rights as to
personal property as are, or shall be accorded a citizen of the
United States under the l aws of the nation to which such alien
belongs, or by the treaties of such nation with the United States,
except as the same may be affected by the provisions of this act
Section 121 et seq. of this title or the Constitution of this state.
Provided, however, the requirements of th is subsection shall not
apply to a business entity that is engaged in regulated interstate
commerce in accordance with federal law.
B. On or after the effective date of this act, any deed
recorded with a county clerk shall include as an exhibit to the deed
an affidavit executed by the person or entity coming into title
attesting that the person, business entity, or trust is obtaining
the land in compliance with the requirements of this section and
that no funding source is being used in the sale or transfer in
violation of this section or any other state or federal law. A
county clerk shall not accept and record any d eed without an
affidavit as required by this section. The Attorney General shall
promulgate a separate affidavit form for individuals and for
business entities or trusts to comply with the requirements of this
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section, with the exception of those deed s which the Attorney
General deems necessary when promulgating the affidavit form.
SECTION 2. This act shall become effective November 1, 2023."
Passed the House of Representatives the 26th day of April, 2023.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2023.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 212 By: Bullard, Burns, Stephens,
Jett, and Hamilton of the
Senate
and
Humphrey of the House
[ property – alien ownership of land – business
entities – recording of deed – effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. AMENDATORY 60 O.S. 2021, Section 121, is
amended to read as follows:
Section 121. A. No alien or any person who is not a citizen o f
the United States shall acquire title to or own land in the State of
Oklahoma this state either directly or i ndirectly through a business
entity or trust, except as hereinafter provided, but he or she shall
have and enjoy in the State of Oklahoma this state such rights as to
personal property as are, or shall be accorded a citizen of the
United States under the l aws of the nation to which such alien
belongs, or by the treaties of such nation with the United States,
except as the same may be affected by the provisions of this act
Section 121 et seq. of this title or the Constitution of this state.
Provided, however, the requirements of th is subsection shall not
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apply to a business entity that is engaged in regulated interstate
commerce in accordance with federal law.
B. On or after the effective date of this act, any deed
recorded with a county clerk shall include as an exhibit to the deed
an affidavit executed by the person or entity coming into title
attesting that the person, business entity, or trust is obtaining
the land in compliance with the requirements of this section and
that no funding source is being used in the sale or transfer in
violation of this section or any other state or federal law. The
Attorney General shall promulgate a separate affidavit form for
individuals and for business entities or trusts to comply with the
requirements of this section.
SECTION 4. This act shall become eff ective November 1, 2023.
Passed the Senate the 8th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Rep resentatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives