Compare Versions - OK SB1705 : Oklahoma 2024 Regular Session

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4		-	An Act
5		-	ENROLLED SENATE
6		-	BILL NO. 1705 By: Howard, Pederson, Burns,
	28	+	STATE OF OKLAHOMA
	29	+
	30	+	2nd Session of the 59th Legislature (2024)
	31	+
	32	+	CONFERENCE COMMITTEE SUBSTITUTE
	33	+	FOR ENGROSSED
	34	+	SENATE BILL 1705 By: Howard, Pederson, Burns,
7	35		and Garvin of the Senate
8	36
9	37		and
10	38
11	39		McCall, Hays, Patzkowsky,
12	40		Maynard, Moore, Williams,
13		-	Bashore, Burns, and
14		-	Steagall of the House
	41	+	and Bashore of the House
15	42
16	43
17	44
	45	+
	46	+	CONFERENCE COMMITTEE SUBSTITUTE
18	47
19	48		An Act relating to alien ownership of land; amending
20	49		60 O.S. 2021, Sections 121, as amended by Section 1,
21	50		Chapter 327, O.S.L. 2023, 124, 125, 126, and 127 (60
22	51		O.S. Supp. 2023, Section 121), whi ch relate to
23	52		prohibition of alien ownership of land; defining
24	53		terms; adding entities prohibited from certain
25	54		ownership; providing exemption for resident aliens
26	55		and foreign government entities under certain
27	56		circumstances; removing reference to personal
28	57		property; adding persons authorized to execute
29	58		certain affidavit; requiring notarization of certain
30	59		document; providing exemptions to certain
31	60		requirements; requiring inclusion of specific
32	61		exemption on recorded deed; authorizing Attorney
33	62		General to establish ad ditional exemptions; allowing
34	63		substantial compliance to certain form requirements;
35	64		changing escheatment to foreclosure for propert y
36	65		owned by aliens; providing order of payment for
37	66		foreclosed property owned by aliens; updating
38	67		statutory references; updating sta tutory language;
39	68		making language gender neutral; and providing an
40	69		effective date.
41	70
42	71
43	72
44	73
45		-	SUBJECT: Alien ownership of land
46	74
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47	99
48		-	ENR. S. B. NO. 1705 Page 2
49	100		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
50		-
51	101		SECTION 1. AMENDATORY 60 O.S. 2021, Section 121, as
52	102		amended by Section 1, Chap ter 327, O.S.L. 2023 (60 O.S. Supp. 2023,
53	103		Section 121), is amended to read as follows:
54		-
55	104		Section 121. A. As used in Sections 121 t hrough 127 of this
56	105		title:
57		-
58	106		1. “Deed” means any instrument in writing whereby land is
59	107		assigned, transferred, or otherwise conveyed to, or vested in, the
60	108		person coming into title or, at his or her direction, any other
61	109		person;
62		-
63	110		2. “Foreign government adversary ” means a government other than
64	111		the federal government of the United States, the government of any
65	112		state, political subdivisi on of the state, tribe, territory, or
66	113		possession of the United States and designated by the United States
67	114		Secretary of State as ho stile or a Country of Particular Concern
68	115		(CPC);
69		-
70	116		3. “Foreign government enterprise ” means a business entity,
71	117		sovereign wealth fund , or state-backed investment fund in which a
72	118		foreign government adversary holds a controlling interest;
73		-
74	119		4. “Foreign government entity ” means a government other than
75	120		the federal government of the United States, the government of any
76	121		state, political subdivision of the state, tribe, territory, or
77	122		possession of the United States; and
78	123
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79	149		5. “Land” means the same as defined in Section 6 of this title,
80	150		but shall not include oil, gas, other minerals, or any interest
81	151		therein.
82		-
83	152		B. No alien or any person who is not a citizen of the United
84	153		States or foreign government adversary shall acquire title to or own
85	154		land in this state either directly or indirectly through a business
86	155		entity, or trust, or foreign government enterprise, except as
87	156		hereinafter provided, but he or she they shall have and enjoy in
88	157		this state such rights as to personal property as are, or shall be ,
89	158		accorded a citizen of the Un ited States under the laws of the nation
90	159		to which such alien belongs, or by the treaties of such nation with
91		-
92		-	ENR. S. B. NO. 1705 Page 3
93	160		the United States, ex cept as the same may be affected by the
94	161		provisions of Section 121 et seq. of this title or the Constitution
95	162		of this state. Provided, however, the requirements of this
96	163		subsection shall not apply to a business entity that is engaged in
97	164		regulated interstate commerce or has a national security agreement
98	165		with the Committee on Foreign Investment in the United States
99	166		(CFIUS) in accordance with federal law.
100		-
101	167		B. C. On or after the effective date of this act November 1,
102	168		2023, any deed recorded with a county clerk sh all include as an
103	169		exhibit to the deed an affidavit executed by the person or, the
104	170		person’s attorney-in-fact, a court-appointed guardian or personal
105	171		representative, an authorized officer of the entity, or trustee of
106	172		the trust coming into title attesting tha t the person, business
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107	199		entity, or trust is obtaining the land in compliance with the
108	200		requirements of this section a nd that no funding source is being
109	201		used in the sale or transfer in violation of this section or any
110	202		other state or federal law. A county cle rk shall not accept and
111	203		record any deed without an affidavit as required by this section
112	204		which is duly notarized pursuant to Title 49 of the Oklahoma
113	205		Statutes. The requirements of this subsection shall not apply to a:
114		-
115	206		1. Deed which, without additional co nsideration, confirms,
116	207		corrects, modifies, or supplements a deed previously recorded;
117		-
118	208		2. Deed made by a grantor to cure a defect in title or
119	209		effectuate a disclaimer of interest in real property;
120		-
121	210		3. Transfer-on-death deed made by a grantor designating a
122	211		grantee beneficiary pursuant to the Nontestamentary Transfer of
123	212		Property Act, Section 1251 et seq. of Title 58 of the Oklahoma
124	213		Statutes;
125		-
126	214		4. State or federal court order in an action to quiet title or
127	215		to cure a defect in title;
128		-
129	216		5. State or federal court or der or decree in probate,
130	217		partition, quiet title, and divorce actions;
131		-
132	218		6. Deed which secures a debt or other oblig ation, or which
133	219		releases such property as security for a debt or other obligation;
	220	+	7. Deed of dedication to the public; or
134	221
135		-
136		-	ENR. S. B. NO. 1705 Page 4
137		-	7. Deed of dedication to the public; or
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139	247		8. Deed in favor of the United States or any of its political
140	248		subdivisions, a state or any of its political subdivisions, or a
141	249		tribe.
142		-
143	250		The applicable exemption shall be shown on the face of the deed
144	251		prior to the recording of the deed and no affidavit shall be
145	252		required.
146		-
147	253		D. The Attorney General shall promulgate a separate affidavit
148	254		form for individuals and for business entities or trust s to comply
149	255		with the requirements of this section , with the exception of those
150	256		deeds. The Attorney General may establish additional exemptio ns
151	257		which the Attorney General deems necessary when promulgating the
152	258		affidavit form to substantially comply with the requirements of this
153	259		section. The county clerk may accept an affidavit in substantial
154	260		compliance with the affidavit form promulgated by the Attorney
155	261		General.
156		-
157	262		SECTION 2. AMENDATORY 60 O.S. 2021, Section 124, is
158	263		amended to read as follows:
159		-
160	264		Section 124. Any alien who shall hereafter hold lands in the
161	265		State of Oklahoma this state in contravention of the provisions of
162	266		this article, may nevertheless convey the fee simple title thereof
163	267		at any time before the institution of escheat foreclosure
164	268		proceedings as hereinafter provided :. Provided, however, that if
165	269		any such conveyance shall be made by such alien either to an alien
166	270		or a citizen of the United States in trust, and for the purpose and
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167	297		with the intention of evading the provisions of this article, or the
168	298		provisions of the Constitution of this state, such conveyance shall
169	299		be null and void, and any such lands so conveyed sh all be forfeited
170	300		and escheated to the state absolutely foreclosed upon.
171		-
172	301		SECTION 3. AMENDATORY 60 O.S. 2021, Section 125, is
173	302		amended to read as follows:
174		-
175	303		Section 125. It shall be the duty of the Attorney General or
176	304		the district attorney of the county where the land is situate
177	305		situated, when he or she shall be informed or have reason to believe
178	306		that any lands in the state are being held contrary to the
179		-
180		-	ENR. S. B. NO. 1705 Page 5
181	307		provisions of this act Section 121 et seq. of this title , or the
182	308		provisions of the Constitution of this state, to institute suit in
183	309		behalf of the State of Oklahoma this state in the district court of
184	310		the county in which said such lands are situate situated, praying
185	311		for the escheat foreclosure of the same in behalf of the state, and
186	312		proceed therein as in cases provided by law for escheats of lands or
187	313		property where such property has no known owner: . Provided, that
188	314		before any such suit is instituted, the Attorney General, or
189	315		district attorney aforesaid, as the case may be, shall give thir ty
190	316		(30) days’ notice by registered letter of his or her intention to
191	317		sue, directed to the owner of the lands, at his or her last-known
192	318		post office address or to the persons who last rendered the same for
193	319		taxes, or to any known agents of the owner; proof of having mailed
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194	346		such registered letter shall be deemed and held prima facie evidence
195	347		of the giving of such notice.
196		-
197	348		SECTION 4. AMENDATORY 60 O.S. 2021, Section 126, is
198	349		amended to read as follows:
199		-
200	350		Section 126. In case the lands, at the time escheat foreclosure
201	351		proceedings are about to be commenced, are owned by minors, or by
202	352		persons of unsound mind, such notice shall be addressed to the
203	353		guardian of the said minors, or persons of unsound mind, and if
204	354		there is no such guardian, the Att orney General of the state , or
205	355		district attorney shall make application in the name of the state to
206	356		the court and procure the appointment of a guardian ad litem to
207	357		represent such minor, or person of unsound mind in such proceedings;
208	358		thereafter the district attorney shall direct the clerk of such
209	359		court to ascertain the residence or postoffice post office address
210	360		of the next of kin of such minor, or person of unsound mind, and to
211	361		transmit to such next of kin a copy of the petition or application
212	362		to escheat foreclose such lands, and such minor or person of unsound
213	363		mind shall have ninety (90) days after the mailing of such notice to
214	364		appear and defend the action.
215		-
216	365		SECTION 5. AMENDATORY 60 O.S. 2021, Section 127, is
217	366		amended to read as foll ows:
218		-
219	367		Section 127. If it shall be determined upon the trial of any
220	368		such escheat foreclosure proceedings that lands are held contrary to
221	369		the provisions of this article, or the Constitution of this state,
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222	396		the court trying said such cause shall render judgmen t condemning
223		-
224		-	ENR. S. B. NO. 1705 Page 6
225	397		such lands, and order the same to be sold under the order of court,
226	398		at such time, terms, and condition s as to the court may seem best;
227	399		the proceeds of such sale , after deducting the cost of the
228	400		proceeding, shall be paid to any lienholders of t he property if
229	401		applicable, then the rest shall be paid to the clerk of the court
230	402		rendering the judgment where the same shall remain for one (1) year
231	403		from the date of such payment, subject to the order of the alien
232	404		owner of such lands, his or her heirs and legal representatives, and
233	405		if not claimed within the period of one (1) year, such clerk shall
234	406		pay the same into the treasury of the state State Treasury for the
235	407		benefit of the available school fund of the State: state. Provided,
236	408		that when any money shall have been paid to the State Treasurer as
237	409		hereinabove provided, an alien or his or her heirs may procure the
238	410		same to be returned by applying for and procuring an order from the
239	411		court condemning the property showing that such judgment escheating
240	412		said foreclosing the property was procured by fraud, or mistake, or
241	413		that there was material irregularity in the proceedings; th is
242	414		application, however, must be made within two (2) years from the
243	415		date such monies were turned over into the State Treasury; and in no
244	416		event shall the state be liable or called on to refund any further
245	417		sum than the actual cash transmitted and delivered to such
246	418		Treasurer:. Provided, further, that the defendant in such escheat
247	419		foreclosure proceedings may at any time before final judgment
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248	446		suggest and prove to the court , that he or she has conformed to, or
249	447		complied with the law, under and by which they he or she will be
250	448		entitled to hold such estate; which, it being admitted or proved,
251	449		said the suit shall be dismissed on payment by defendant of th e
252	450		costs and reasonable attorney’s attorney fees, to be fixed by the
253	451		court.
254		-
255	452		SECTION 6. This act shall become effective November 1, 2024.
256	453
257		-
258		-	ENR. S. B. NO. 1705 Page 7
259		-	Passed the Senate the 30th day of May, 2024.
260		-
261		-
262		-

225

397

such lands, and order the same to be sold under the order of court,

226

398

at such time, terms, and condition s as to the court may seem best;

227

399

the proceeds of such sale , after deducting the cost of the

228

400

proceeding, shall be paid to any lienholders of t he property if

229

401

applicable, then the rest shall be paid to the clerk of the court

230

402

rendering the judgment where the same shall remain for one (1) year

231

403

from the date of such payment, subject to the order of the alien

232

404

owner of such lands, his or her heirs and legal representatives, and

233

405

if not claimed within the period of one (1) year, such clerk shall

234

406

pay the same into the treasury of the state State Treasury for the

235

407

benefit of the available school fund of the State: state. Provided,

236

408

that when any money shall have been paid to the State Treasurer as

237

409

hereinabove provided, an alien or his or her heirs may procure the

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410

same to be returned by applying for and procuring an order from the

239

411

court condemning the property showing that such judgment escheating

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412

said foreclosing the property was procured by fraud, or mistake, or

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413

that there was material irregularity in the proceedings; th is

242

414

application, however, must be made within two (2) years from the

243

415

date such monies were turned over into the State Treasury; and in no

244

416

event shall the state be liable or called on to refund any further

245

417

sum than the actual cash transmitted and delivered to such

246

418

Treasurer:. Provided, further, that the defendant in such escheat

247

419

foreclosure proceedings may at any time before final judgment

Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1705 Compare Versions