Oklahoma 2025 Regular Session

Oklahoma House Bill HB2184 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
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3232 HOUSE BILL 2184 By: Kane
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3838 AS INTRODUCED
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4040 An Act relating to higher education; creating the
4141 Oklahoma Research and Education Protection Act;
4242 defining terms; requiring disclosure of c ertain
4343 gifts; requiring disclosure include certain
4444 information; requiring Oklahoma State Regents for
4545 Higher Education maintain certain online information;
4646 requiring disclosure of certain contracts; requiring
4747 disclosure include certain information; requirin g
4848 State Regents maintain certain online information;
4949 permitting State Regents to conduct certain audits;
5050 authorizing Attorney General to bring certain civil
5151 action; authorizing certain persons to request civil
5252 action; providing for injunctive relief; autho rizing
5353 payment of certain costs; requiring State Regents
5454 send disclosures to Attorney General; providing an
5555 effective date; and declaring an emergency .
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6060 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6161 SECTION 1. NEW LAW A new section of law to be codified
6262 in the Oklahoma Statutes as Section 91 01 of Title 70, unless there
6363 is created a duplication in numbering, reads as follows:
6464 This act shall be known as and may be cited as the "Oklahoma
6565 Research and Education Protecti on Act".
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9292 SECTION 2. NEW LAW A new section of law to be codified
9393 in the Oklahoma Statutes as Section 9102 of Title 70, unless there
9494 is created a duplication in numbering, reads as follows:
9595 A. As used in this act:
9696 1. "Affiliate organization" means any entity under the control
9797 of, or established for the benefi t of, a state educational
9898 institution, including a direct -support organization;
9999 2. "Contract" means an agreement for the acquisition of
100100 property or services by purchase, lease, or barter for the direct
101101 benefit or use of either of the parties;
102102 3. "Direct-support organization " means an organization that is
103103 organized and operated to receive, hold, invest, and administer
104104 property and to make expenditures to or for the benefit of a state
105105 educational institution or for the benefit of a research and
106106 development park or a research and development entity affiliated
107107 with a state educational institution ;
108108 4. "Foreign adversary" means a government other than the
109109 federal government of the Uni ted States, the government of any
110110 state, political subdivision of the state, tribe, territory, or
111111 possession of the United States and designated by the United States
112112 Secretary of State as hostile or a Country of Particular Concern
113113 (CPC);
114114 5. "Foreign government" means a government other than the
115115 federal government of the United Stat es, the government of any
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142142 state, political subdivision of the state, tribe, territory, or
143143 possession of the United States ;
144144 6. "Foreign source" means any of the following:
145145 a. a foreign government or an agency of a foreign
146146 government,
147147 b. a legal entity, governmental or otherwise, created
148148 solely under the laws of a foreign nation or group of
149149 nations,
150150 c. an individual who is not a citizen or a national of
151151 the United States or a terri tory or protectorate of
152152 the United States,
153153 d. a partnership, an association, a corporation, an
154154 organization, or any other combination of persons,
155155 including a subsidiary of an entity described in this
156156 subdivision, organized under the laws of, or having
157157 its principal place of business in, a foreign
158158 adversary,
159159 e. an agent, including a subsidiary or an affiliate of a
160160 foreign legal entity, acting on behalf of a foreign
161161 source, or
162162 f. a political party of a foreign adversary or an
163163 individual who is a member of a p olitical party of a
164164 foreign adversary;
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191191 7. "Gift" means any gift, grant, endow ment, award, or donation
192192 of money or property of any kind, or any combination thereof,
193193 including a conditional or unconditional promise, pledge, or
194194 agreement to make a gift, endo wment, award, or donation;
195195 8. "Grant" means a transfer of money for a specified purpose,
196196 including a conditional gift;
197197 9. "Political party of a foreign adversary " means an
198198 organization or combination of individuals organized for the purpose
199199 of, or engaged in any activity devoted in whole or in part to,
200200 either of the following:
201201 a. the establishment, administration, control, or the
202202 acquisition of the administration or control, of the
203203 government of a foreign adversary , or
204204 b. the furtherance or influencing of the political or
205205 public interest, policies, or relations of the
206206 government of a foreign adversary ;
207207 10. "State educational institution " means any institution
208208 supported wholly or in part by direct legislative appropriations and
209209 offering courses of educatio n of any kind beyond or in addition to
210210 the twelfth grade, or its equivalent, a s such grade is generally
211211 understood and accepted in the public school system of Oklahoma,
212212 whether called a university, college, junior college, school or
213213 academy; and
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240240 11. "State Regents" means the Oklahoma State Regents for Higher
241241 Education.
242242 SECTION 3. NEW LAW A new section of law to be codified
243243 in the Oklahoma Statutes as Section 9103 of Title 70, unless there
244244 is created a duplication in numbering, reads as follows:
245245 A. A state educational institution shall disclose to the State
246246 Regents any gift of any value received directly or indirectly from
247247 any foreign source located in a foreign adversary as follows:
248248 1. For a disclosable gift received after December 31, 2020, and
249249 before July 1, 2025, not later than September 1, 202 5.
250250 2. For a disclosable gift received after June 30, 202 5,
251251 biannually on January 1 and July 1 of each subsequent year.
252252 B. A gift received from a foreign source through an
253253 intermediary or affiliate organization is considered an indirect
254254 gift to a state educational i nstitution and is subject to the
255255 disclosure required by subsection A.
256256 C. Unless otherwise prohibited or deemed confidential under
257257 state or federal law, a disclosure under subsection A must include
258258 the following information:
259259 1. The date of the gift ;
260260 2. The amount of the gift ;
261261 3. The purpose of the gift ;
262262 4. The identification of the persons for whom the gift is
263263 explicitly intended to benefit ;
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290290 5. Any applicable conditions, requ irements, restrictions, or
291291 terms made part of the gift ;
292292 6. The name and country of residence or domicile of the foreign
293293 source;
294294 7. The name and mailing address of the state educational
295295 institution receiving the gift ; and
296296 8. If applicable, the date of te rmination of the gift.
297297 D. The State Regents shall establish and maintain a website to
298298 enable the public to access information concerning gifts disclosed
299299 by state educational institutions under this section.
300300 SECTION 4. NEW LAW A new section of law to be codified
301301 in the Oklahoma Statutes as Section 910 4 of Title 70, unless there
302302 is created a duplication in numbering, reads as follows:
303303 A. A state educational institution shall disclose to the State
304304 Regents any contract of any value ent ered into directly or
305305 indirectly with any foreign source located in a foreign adversary as
306306 follows:
307307 1. For a disclosable contract entered into after December 31,
308308 2020, and before July 1, 202 5, not later than September 1, 202 5.
309309 2. For a disclosable contra ct entered into after June 30, 202 5,
310310 biannually on January 1 and July 1 of eac h subsequent year.
311311 B. A contract entered into with a foreign source through an
312312 intermediary or affiliate organization is considered an indirect
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339339 contract with a state educational institution and is subject to the
340340 disclosure required by subsection A.
341341 C. Unless otherwise prohibited or deemed confidential under
342342 state or federal law, a disclosure under subsection A must include
343343 the following information:
344344 1. The date of the contract ;
345345 2. The amount of the contract ;
346346 3. The purpose of the contract ;
347347 4. The identification of the persons for whom the contract is
348348 explicitly intended to benefit ;
349349 5. Any applicable conditions, requirements, restrictions, or
350350 terms made part of the contract ;
351351 6. A copy of the contract ;
352352 7. The name and country of residence or domicile of the foreign
353353 source;
354354 8. The name and mailing address of the state educational
355355 institution entering into the contract ; and
356356 9. If applicable, the date of termination of the con tract.
357357 D. The State Regents shall establish and maintain a website to
358358 enable the public to access information concerning contracts
359359 disclosed by state educational institutions under this section.
360360 SECTION 5. NEW LAW A new section of law to be codified
361361 in the Oklahoma Statutes as Section 910 5 of Title 70, unless there
362362 is created a duplication in numbering, reads as follows:
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389389 A. The State Regents may audit, or contract with a qualified
390390 person to audit, a state educational institution 's use of a gift
391391 disclosed under Section 3 of this act that the state educational
392392 institution received after June 30, 202 2, and before July 1, 202 5.
393393 B. The State Regents may audit, or contract with a qualified
394394 person to audit, a state educational institution 's use of the
395395 proceeds of a contract disclosed under Section 4 of this act that
396396 the state educational institution entered into after June 30, 202 2,
397397 and before July 1, 202 5.
398398 SECTION 6. NEW LAW A new section of law to be codified
399399 in the Oklahoma Statutes as Section 910 6 of Title 70, unless there
400400 is created a duplication in numbering, reads as follows:
401401 A. The Attorney General may bring a civil action against a
402402 state educational institution that has failed to comply with th e
403403 Oklahoma Research and Education Protection Act based upon
404404 information known to the Attorney General or at the request of:
405405 1. A member of the Legislature;
406406 2. The Governor;
407407 3. A member of the State Regents;
408408 4. A member of the Oklahoma State Board of Education ; or
409409 5. An Oklahoma taxpayer.
410410 If the person described in this subsection submits a signed
411411 affidavit affirming that a state educational institution is not in
412412 compliance with the requirements of this act.
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439439 B. If the Attorney General prevails in an action brought under
440440 this section, the Attorney General is entitled to injunctive relief
441441 to require the state educational institution to comply with the
442442 requirements of this act. In addition, a state educational
443443 institution that is found to have knowingly or willingly f ailed to
444444 comply with the requirements of this act must pay to the Attorney
445445 General:
446446 1. The costs incurred in bringing the civil action under this
447447 section; and
448448 2. Any associated costs of investigation and enforcement.
449449 C. The State Regents shall send copi es of all disclosures
450450 described in Sections 3 and 4 of this act to the Attorney General,
451451 in a manner prescribed by the Attorney General.
452452 SECTION 7. This act shall become effective July 1, 2025.
453453 SECTION 8. It being immediat ely necessary for the preservation
454454 of the public peace, health or safety, an e mergency is hereby
455455 declared to exist, by reason whereof this act shall take effect and
456456 be in full force from and after its passage and approval.
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458458 60-1-10920 AQH 12/31/24