Several measures regulating land ownership and business in Oklahoma by certain 'foreign adversaries' passed their chambers of origin this week. Legislative leaders say it's been a long time coming as the need to protect critical infrastructure and crack down on straw buyers grows with international tensions.
One House bill that advanced to the Senate would prohibit anyone associated with a foreign adversary from owning property vital to or near agriculture, forestry, critical infrastructure or military installations in the state.
Another advanced measure would require such entities to disclose any association with foreign adversaries in commercial litigation and lobbying interests.
At least one more related measure could see action on the floor next week. It requires state pension funds and other forms of state money to be divested from potentially nefarious foreign interests.
In the Senate, a bill restricting state entities from contracting with foreign adversaries on certain biotechnologies passed unanimously.
The efforts to regulate foreign influence in Oklahoma are bipartisan. Legislative leaders and their caucuses agree illicitly funded marijuana grows are an ongoing issue, whether crime syndicates or anonymous straw buyers back them.
Some also point to increased international tensions between the U.S., its enemies, and its allies as a reason to ensure critical and military infrastructure.
House restrictions on foreign adversaries are part of a long-time effort, members say
House Bill 1546 by Rep. Kenton Patzkowski, R-Balko, restricts associates of foreign adversaries from acquiring title or control of agricultural and forestry property and land within 200 miles of critical infrastructure or a military installation.
Patzkowsky introduced the bill by saying it's been a long time coming within the chamber.
"This bill more clearly defines agriculture and forestry property and critical infrastructure; it also lists some of the nations...as foreign government adversaries," he said.
That includes China, Russia, North Korea, Iran and any other nation deemed adversarial by the federal treasury's Office of Foreign Asset Control, per the legislation.
Critical infrastructure refers to chemical manufacturing and refining facilities, electric grid components, water and wastewater treatment plants, telecommunications networks, and others.
Del City Democrat Rep. Andy Fugate questioned the bill author about why he specified the countries he did, despite them already being on the federal list of adversaries. Patzkowsky said he copied the bill from Alabama and North Dakota, and that's what they did.
He said it was a good idea to ensure no confusion about what nations and entities he was targeting. Fugate also asked whether nations considered adversaries would change with the affiliations of the Trump administration.
"So, if the federal government decides they want to remove Russia from this list, would federal law supersede what we have here?" Fugate said. "And then would we be forced to allow principals from Russia, for instance, to purchase land here in the state of Oklahoma?"
Patzkowsky straightened his back to support the conviction of his next words:
"I hope we never let Russia buy any land in the state of Oklahoma,” he said.
Patzkowsky's bill almost passed unanimously, save for the vote of the Chandler Republican Rep. Jim Shaw.
House Bill 2619 by Edmond Republican Erick Harris requires companies with commercial interests in the state to disclose any affiliations with foreign adversaries when involved in litigation, including when adversarial government interests back the lawsuit.
At their respective press conferences later that afternoon, House Speaker Kyle Hilbert, R-Bristow, and House minority leader Cyndi Munson, D-Oklahoma City, both said there is a need for laws regulating and monitoring foreign influence in Oklahoma.
"I think something Democrats and Republicans share is that we want to protect our lands, protect our state," Munson said.
She pointed out, as did Gov. Kevin Stitt at his weekly presser the day before, that the state Constitution already covers some of the prohibitions being offered by legislation.
Munson said she appreciated the short discussion Fugate started on the House floor, which prompted Patzkowsky to commit to keeping Russia listed as an adversary should affiliations at the federal level change.
Still, she said, her colleagues often "sway with what the president says."
She said, for now, the bills proposed show that at the state level, the work to protect Oklahomans from adversaries is bipartisan.
Senate bills complement efforts across the rotunda
Senate Bill 552 by Sen. Kelly Hines, R-Edmond, targets the biotechnology industry in particular, prohibiting state entities from contracting with any companies providing related services or technology.
Hines introduced the measure on the floor this week. He said the bill would “protect Oklahoma's bioscience and research assets from inadvertently being exploited by hostile foreign governments.”
Similar to measures in the House, the bill relies on federal designations of “biotech companies of concern.”
It passed unanimously from the Senate floor without discussion.
Senate President Pro Tem Lonnie Paxton supported the efforts of both chambers. He said the problem of "enemies of America" owning land near critical infrastructure is nationwide, and in Oklahoma, it took off when the medical marijuana industry took off in 2018.
"It's a big issue with medical marijuana grow facilities in Oklahoma," Paxton said. "A lot of those were foreign straw owners in Oklahoma."
A straw owner gets another person to buy something on their behalf because they can't or don't want to. They often remain anonymous.
Paxton said legislators working closely on the measure have looked to Arkansas, where similar measures not specifying "foreign adversaries" versus "foreign nations," regardless of the mention of China, led to immediate lawsuits from opposition upon their passage into law.
Paxton said the laws are more popular now that the language has been tweaked.
"That's how they honed their bill down," he said.
Senate minority leader Julia Kirt, D-Olahoma City, said that while she's not fully caught up with the House's efforts on the foreign adversary front, she thinks the concern is “legitimate” and knows the members in her caucus who've worked on related Senate bills made every effort to ensure the prohibitive language was precise.
She said there were concerns about language requiring counties and small towns to vet all new contractors and companies for connections to one of the listed countries.
"At least the measures we've seen so far are pretty narrowly tailored and are based at the state level," she said. "Because we can't force cities to have to research companies' ownership before they can contract with them."
The chambers have one more week of floor discussions on their own measures before they trade bills across the rotunda and repeat the committee process.
