HB 1555 — Relating to statements of ownership filed with the secretary of state; and to provide a penalty.

25.1257.0100225.1257.02000 Adopted by the Agriculture Committee Title.02000 February 13, 2025 Sixty-ninth Legislative Assembly of North Dakota PROPOSEDFIRST AMENDMENTSENGROSSMENT TOENGROSSED HOUSE BILL NO.

1555 Introduced by Representative Hoverson A BILL for an Act to amendcreate and reenactenact a new section 47-10.1-05to chapter 54-09 of the North Dakota Century Code, relating to requiredstatements filingsof forownership foreignfiled personswith investingthe insecretary agriculturalof lands;state;

to repeal section 47-10.1-05 of the North Dakota Century Code, relating to required filings for foreign persons investing in agricultural lands;

and to provide a contingent effective date.for an Act to create and enact a new section to chapter 54-09 of the North Dakota Century Code, relating to statements of ownership filed with the secretary of state;

AMENDMENT.

Section 47-10.1-05 of the North Dakota Century Code is amended and reenacted as follows:

47-10.1-05.

Reports - Annual report to the legislative management - Penalty.

The commissioner shall monitor for compliance with this chapter all reports transmitted to the commissioner pursuant to 1.

A foreign person required to make a report to the United States department of agriculture under the Agricultural Foreign Investment Disclosure Act of 1978 [Pub.

L.

95-460;

92 Stat, 1263;

7 U.S.C.

3501 et seq.] shall file a copy of the report with the agriculture commissioner within the time required under title 7, Code of Federal Regulations, part 781.3.

The commissioner shall make the reports available to the public.

2.

The commissioner shall provide an annual report to the legislative management by September first of each year.

The report must include the number of filings submitted Page No.

1 25.1257.01002 Sixty-ninth Legislative Assembly to the commissioner and the number of acres in each county owned by a foreign person required to report under subsection 1.

3.

If a person fails to file a copy of the report required under subsection 1, the attorney general shall impose a civil penalty of up to twenty-five percent of the fair market value, as determined on the date the penalty was imposed, of the person's ownership interest in the agricultural land in this state.

The attorney general shall commence an action to collect the civil penalty in the district court of the county in which the majority of the real property is situated or in Burleigh County.

SECTION 2.

REPEAL.

Section 47-10.1-05 of the North Dakota Century Code is repealed.

SECTION 3.

CONTINGENT EFFECTIVE DATE.

Section 2 of this Act becomes effective on the date the legislative council receives certification from the agriculture commissioner that the Agricultural Foreign Investment Disclosure Act of 1978 [Pub.

L.

95-460;

92 Stat, 1263;

7 U.S.C.

3501 et seq.] has been repealed.

SECTION 1.

21 25.1257.0100225.1257.02000 Sixty-ninth Legislative Assembly a.

32 25.1257.0100225.1257.02000