SB 1109 — designated countries; land ownership; prohibition

House Engrossed Senate BillEngrossed designated countries;

People'sforeign Republicprincipals; of China;

NOTWITHSTANDING ANY OTHER LAW AND EXCEPT AS PROVIDED IN SUBSECTIONSUBSECTIONS F AND G OF THIS SECTION, THEA PEOPLE'SFOREIGN REPUBLICPRINCIPAL OFFROM CHINAA DESIGNATED COUNTRY MAY NOTNOT, DIRECTLY OR INDIRECTLY, PURCHASE, OWN, ACQUIRE BY GRANT OR DEVISE OR HAVE A SUBSTANTIAL INTEREST IN REAL PROPERTY IN THIS STATE.

THEA PEOPLE'SFOREIGN REPUBLICPRINCIPAL OFMAY CHINAPURCHASE, MAYOWN, ACQUIRE REALBY PROPERTYGRANT OR ANYDEVISE OR HAVE AN INTEREST IN REALLAND PROPERTY IN THIS STATE BY DEVISE OR DESCENT, THE ENFORCEMENT OF SECURITY INTERESTS OR THE COLLECTION OF DEBT, IF THEALL PEOPLE'S REPUBLIC OF CHINA SELLS, TRANSFERS OR OTHERWISE DIVESTS FROM THE REALFOLLOWING PROPERTYCONDITIONS WITHINAPPLY: THREE YEARS AFTER ACQUIRING THE REAL PROPERTY.

1.

THE PARCEL IS RESIDENTIAL REAL PROPERTY.

2.

THE PARCEL IS TWO ACRES OR LESS.

3.

THE FOREIGN PRINCIPAL IS A NATURAL PERSON.

4.

THE PARCEL THE FOREIGN PRINCIPAL OWNS OR IS PURCHASING OR ACQUIRING AN INTEREST IN IS THE FOREIGN PRINCIPAL'S SOLE REAL PROPERTY INTEREST IN THIS STATE.

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1109 5.

THE PARCEL IS LOCATED FIFTY MILES OR MORE FROM ANY MILITARY INSTALLATION, CRITICAL INFRASTRUCTURE OR KNOWN VECTOR ROUTE IN THIS STATE.

6.

THE PARCEL IS LOCATED TWENTY-FIVE MILES OR MORE FROM AN AIR FORCE RANGE WITH A TOTAL LAND AREA BETWEEN ONE-HALF AND TWO AND ONE-HALF MILLION ACRES.

7.

THE FOREIGN PRINCIPAL POSSESSES A CURRENT VERIFIED UNITED STATES VISA THAT IS NOT LIMITED TO TOURIST-BASED TRAVEL OR OFFICIAL DOCUMENTATION THAT THE UNITED STATES GOVERNMENT HAS GRANTED THE FOREIGN PRINCIPAL ASYLUM IN THE UNITED STATES.

FOR THE PURPOSES OF THIS PARAGRAPH, ANY DOCUMENTATION SHALL BE IN THE NAME OF THE NATURAL PERSON.

A FOREIGN PRINCIPAL MAY ACQUIRE REAL PROPERTY OR ANY INTEREST IN REAL PROPERTY IN THIS STATE BY DEVISE OR DESCENT, THE ENFORCEMENT OF SECURITY INTERESTS OR THE COLLECTION OF DEBT, IF THE FOREIGN PRINCIPAL SELLS, TRANSFERS OR OTHERWISE DIVESTS FROM THE REAL PROPERTY WITHIN THREE YEARS AFTER ACQUIRING THE REAL PROPERTY.

H.

"PEOPLE'S"CRITICAL REPUBLICINFRASTRUCTURE" OFHAS CHINA"THE MEANSSAME EITHERMEANING OFPRESCRIBED THEIN FOLLOWING:SECTION 41-1801.

(a) A WHOLLY STATE-OWNED ENTERPRISE OF THE PEOPLE'S REPUBLIC OF CHINA.

(b) THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA OR ANY ADMINISTRATIVE SUBDIVISION OF THE PEOPLE'S REPUBLIC OF CHINA.

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1109 2.

"SUBSTANTIAL INTEREST" MEANS AN OWNERSHIP INTEREST OF THIRTY PERCENT OR MORE.

Sec.

"DESIGNATED COUNTRY" MEANS A COUNTRY THAT IS IDENTIFIED BY THE UNITED STATES DIRECTOR OF NATIONAL INTELLIGENCE AS A COUNTRY THAT POSES A RISK TO THE NATIONAL SECURITY OF THE UNITED STATES IN EACH OF THE THREE MOST RECENT ANNUAL THREAT ASSESSMENTS OF THE UNITED STATES INTELLIGENCE COMMUNITY ISSUED PURSUANT TO SECTION 108B OF THE NATIONAL SECURITY ACT OF 1947 (50 UNITED STATES CODE SECTION 3043b).

3.

"FOREIGN PRINCIPAL" MEANS ANY OF THE FOLLOWING:

(a) THE GOVERNMENT OR ANY OFFICIAL OF THE GOVERNMENT FROM A DESIGNATED COUNTRY.

(b) A POLITICAL PARTY OR MEMBER OF A POLITICAL PARTY FROM A DESIGNATED COUNTRY.

(c) ANY PERSON WHO IS DOMICILED IN A DESIGNATED COUNTRY AND WHO IS NOT A CITIZEN OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES.

(d) ANY BUSINESS OR OTHER ENTITY THAT IS DOMICILED IN A DESIGNATED COUNTRY.

(e) ANY BUSINESS OR OTHER ENTITY IN WHICH MORE THAN THE MAJORITY OF THE BUSINESS'S OR ENTITY'S OWNERSHIP BELONGS TO AN ENTITY DOMICILED IN A DESIGNATED COUNTRY.

(f) ANY BUSINESS OR OTHER ENTITY IN WHICH THE MAJORITY OF THE BOARD OF DIRECTORS IS CONTROLLED BY AN ENTITY DOMICILED IN A DESIGNATED COUNTRY.

4.

"MILITARY INSTALLATION" HAS THE SAME MEANING PRESCRIBED IN SECTION 26-261.