SB 200 — HOMELAND SECURITY: Allows for expropriation of land near military bases that is owned by foreign adversaries or agents of foreign adversaries when the ownership poses a threat to public health and safety. (gov sig) (EN SEE FISC NOTE GF EX)

SLS 26RS-213 REENGROSSED Regular Session ENROLLED SENATE BILL NO.

200 BYSENATORSHODGES,ALLAIN,BARROW,BASS,CATHEY,CLOUD,CONNICK, EDMONDS, FESI, HENRY, JACKSON-ANDREWS, KLEINPETER, LAMBERT,MILLER,MIZELL,MORRIS,OWEN,PRESSLY,PRICE,LAMBERT, MIGUEZ, MILLER, MIZELL, MORRIS, OWEN, PRESSLY, PRICE, REESE, SELDERS, STINE, WHEAT AND WOMACK HOMELANDAND SECURITY.REPRESENTATIVES AMEDEE, BAYHAM, DICKERSON,EDMONSTON,EGAN,FIRMENT,HORTON,OWEN, SCHAMERHORN, SPELL AND WYBLE AN ACT To enact R.S.

Allows for expropriation of land near military bases that is owned by foreign adversaries or agents of foreign adversaries when the ownership poses a threat to public health and safety.

(gov sig) AN ACT To enact R.S.

to providefortheprotectionofmilitarybases;toprovidewithprovidefortheprotectionofmilitarybases;to respecttoprovidewith theownershiprespecttotheownership of immovable property by foreign adversaries and agents of foreign adversaries;

to providefortheexpropriationofpropertyownedorcontrolledbyforeignadversaries oragentsofforeignadversariesundercertaincircumstances;toprovidewithrespectoragentsofforeignadversariesundercertaincircumstances;toprovidewith respect to the constitutional police powers of the state;

to provide for voluntary divestment of immovable property;

The legislature hereby declares it is the policy of this state that ownership of immovable property in proximity to military bases by foreign adversaries or agents of foreign adversaries presents a threat to public health Pageand 1safety that warrants reasonable statutory restrictions and the reasonable exercise of 5the Coding:constitutional police powers of the state.

B.Anyimmovablepropertythatispurchased,leased,possessed,owned, held in interest, or in any manner under the control of a foreign adversary or an agent or mandatory of a foreign adversary that is located within fifty miles of a military base may be expropriated by the Military Department, state of Louisiana, regardless of the date that the immovable property was acquired.

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200 andENROLLED safetyC. that warrants reasonable statutory restrictions and the reasonable exercise of the constitutional police powers of the state.

B.Anyimmovablepropertythatispurchased,leased,possessed,owned, held in interest, or in any manner under the control of a foreign adversary or an agent of a foreign adversary that is located within fifty miles of a military base may be expropriated by the Military Department, state of Louisiana, regardless of the date that the immovable property was acquired.

C.

E.E.(1) Notwithstanding anyprovisionofthisSectiontothecontrary,any foreignadversaryoranyagentormandataryofaforeignadversary,asdefined in this Section, that owns or holds any immovable property subject to the provisionsofSubsection(B)ofthisSectionmay,priortothefinaljudgementof expropriation, voluntarily divest itself of such property by bona fide sale, transfer, or conveyance to a natural person or juridical person that is not a foreign adversary and is not an agent or mandatary of a foreign adversary.

Unless(2) otherwiseUpon indicated,completion of a valid transfer of the followingimmovable definitionsproperty in accordance with this Paragraph, the Military Department, state of Louisiana shall notify the court that the property shall no longer be subject to expropriation under this Section:Section and the court shall dismiss the suit, provided thatthetransfereeisnotacting,directlyorindirectly,on behalf of orunder the direction or control of a foreign adversary.

(1)"Agentofaforeignadversary"meansanagentdirectedorcontrolledF. by a foreign adversary, or the agent's proxy, and that is a juridical person or a natural person that meets any of the following criteria:

(a)IsNotwithstanding underany directionofaforeignadversarythathasthepowertodirectprovision orof causethis Section to the directioncontrary, ofno immovable or movable property shall be taken, damaged, or expropriated by the managementstate or policiesany of theits juridicalpolitical personsubdivisions whetherpursuant throughto ownershipthis ofSection securities,except byin contract,accordancewithLouisianaConstitutionArticleI,Section4,whichrequiresthat orpropertyshallnotbetakenordamagedexceptforpublicpurposesandwithjust otherwise.compensation paid to the owner.

(b)DirectlyorindirectlyhastherighttovotefiftypercentormoreoftheTherefore, votingany interestsexpropriation ofauthorized an entity that is owned or controlled by a foreign adversary or is entitled to fifty percent or more of its profits and is, therefore, presumed Page 2 of 54 Coding:

SLS 26RS-213 REENGROSSED SB NO.

200 tohavethepowertodirectorcausethedirectionofthemanagementorpoliciesENROLLED herein shall be conditioned upon the payment of just compensation to the juridicalfull person.extent of the owner’s loss and no transfer of ownership shall be effective until such compensation has been paid.

G.Unlessotherwiseindicated,thefollowingdefinitionsshallapplytothis Section:

(1) "Agent of a foreign adversary" or "mandatary of a foreign adversary" means a juridical person or a natural person that serves as a mandatary, as provided in Louisiana Civil Code Article 2989, for a principal that is a foreign adversary and meets one or more of the following criteria:

(a)Is under directionofaforeignadversarythathasthepowertodirect or cause the direction of the management or policies of the juridical person whether through ownership of securities, by contract, or otherwise.

(b)Directlyorindirectlyhastherighttovotefiftypercentormoreofthe voting interests of an entity that is owned or controlled by a foreign adversary or is entitled to fifty percent or more of its profits and is, therefore, presumed tohavethepowertodirectorcausethedirectionofthemanagementorpolicies of the juridical person.

(iii) Is owned by, or the majority of stock or other ownership interest is held orcontrolledby, any person who is acitizena citizen of a foreign adversary, unless that person is a legal permanent resident of the United States.

(e)Any(e) Any individual person who is a citizen of a foreign adversary, unless that person is a legal permanent resident of the United States.States and does not otherwise meet any of the criteria provided in Subparagraphs (a) through (d) Page 3 of 4 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

200 ENROLLED of this Paragraph.

(a)Amilitarybaseorfacility,reservation,camp,post,base,installation, armory,ortrainingareaandanyweatherstationarmory,ortrainingareaand operatedbythearmedforcesanyweatherstationoperatedbythearmedforces of the United States.

PageSection 32. of 5 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-213 REENGROSSED SB NO.

200 Section 2.

ThePRESIDENT originalOF instrumentTHE andSENATE theSPEAKER followingOF digest,THE whichHOUSE constitutesOF noREPRESENTATIVES partGOVERNOR ofOF theTHE legislativeSTATE instrument,OF wereLOUISIANA preparedAPPROVED: by Senate Legislative Services.

ThePage keyword,4 summary, and digest do not constitute part of the4 lawCoding: or proof or indicia of legislative intent.

[R.S.