Struck = removed from the bill ·
added = the amendment's new text.
HFASB200 4267 5512 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session ENROLLEDAmendments SENATEproposed BILLby NO.Representative Horton to Reengrossed Senate Bill No.
200 BYSENATORSHODGES,ALLAIN,BARROW,BASS,CATHEY,CLOUD,CONNICK,by EDMONDS,Senator FESI,Hodges HENRY,AMENDMENT JACKSON-ANDREWS,NO. KLEINPETER, LAMBERT, MIGUEZ, MILLER, MIZELL, MORRIS, OWEN, PRESSLY, PRICE, REESE, SELDERS, STINE, WHEAT AND WOMACK AND REPRESENTATIVES AMEDEE, BAYHAM, DICKERSON,EDMONSTON,EGAN,FIRMENT,HORTON,OWEN, SCHAMERHORN, SPELL AND WYBLE AN ACT To enact R.S.
29:43,1 relativeOn topage foreign3, adversariesline 14, after "United States" and agentsbefore the period "." insert "and does not otherwise meet any of foreignthe adversaries;criteria provided in Subparagraphs (a) through (d) of this Paragraph" Page 1 of 1 CODING:
toWordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored providefortheprotectionofmilitarybases;toare providewithadditions. respecttotheownership of immovable property by foreign adversaries and agents of foreign adversaries;
to providefortheexpropriationofpropertyownedorcontrolledbyforeignadversaries oragentsofforeignadversariesundercertaincircumstances;toprovidewith respect to the constitutional police powers of the state;
to provide with respect to threats to public health and safety;
to provide for processes;
to provide for voluntary divestment of immovable property;
to provide for definitions;
to provide for declarations;
to provide for an effective date;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
29:43 is hereby enacted to read as follows:
§43.Protectionofmilitarybases;prohibitedownershipofimmovableproperty by foreign adversaries and agents of foreign adversaries A.
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 and safety 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 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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SB NO.
200 ENROLLED C.
If the Military Department, state of Louisiana, files a petition to expropriate against immovable property pursuant to Subsection B of this Section,theexpropriationshallbefiledandconductedinthesamemannerand by the same method provided for in Part I of Title 19 of the Louisiana Revised Statutes of 1950, except that the petition shall also contain all of the following:
(1)Astatementdemonstratingcompliancewiththerequirementsofthis Section.
(2) A statement detailing the description and nature of the threat to public health and safety that will be removed by the expropriation.
D.
Property acquisitions conducted pursuant to this Section shall be subject to the provisions of R.S.
38:3101 et seq.
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.
(2) Upon completion of a valid transfer of the immovable property 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 and the court shall dismiss the suit, provided thatthetransfereeisnotacting,directlyorindirectly,on behalf of orunder the direction or control of a foreign adversary.
F.
Notwithstanding any provision of this Section to the contrary, no immovable or movable property shall be taken, damaged, or expropriated by the state or any of its political subdivisions pursuant to this Section except in accordancewithLouisianaConstitutionArticleI,Section4,whichrequiresthat propertyshallnotbetakenordamagedexceptforpublicpurposesandwithjust compensation paid to the owner.
Therefore, any expropriation authorized Page 2 of 4 Coding:
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SB NO.
200 ENROLLED herein shall be conditioned upon the payment of just compensation to the full 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.
(c) Is a juridical person that meets any of the following:
(i) Is headquartered in a country identified as a foreign adversary.
(ii) Is held or controlled, either directly or indirectly, by a government of a foreign adversary.
(iii) Is owned by, or the majority of stock or other ownership interest is held orcontrolledby, any person who is a citizen of a foreign adversary, unless that person is a legal permanent resident of the United States.
(d)Isajuridicalpersonorasubsidiarythatisownedby,orthemajority of stock or other ownership interest of which is held or controlled by, a corporation or entity described in Subparagraph (c) of this Paragraph.
(e) Any individual person who is a citizen of a foreign adversary, unless that person is a legal permanent resident of the United States and does not otherwise meet any of the criteria provided in Subparagraphs (a) through (d) Page 3 of 4 Coding:
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SB NO.
200 ENROLLED of this Paragraph.
(2) "Foreign adversary" means any foreign government or foreign nongovernmental person determined by the United States secretary of commerce to have engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons as listed in 15 CFR 791.4 (Determination of Foreign Adversaries), as amended or renumbered, and identified in the database maintained by the United States Department of the Treasury, Office of Foreign Assets Control.
(3) "Military base" means any of the following immovable properties:
(a)Amilitarybaseorfacility,reservation,camp,post,base,installation, armory,ortrainingareaand anyweatherstationoperatedbythearmedforces of the United States.
(b)Amilitarybase,facility,reservation,camp,post,installation,armory, or training area that is operated by the state military.
(c) Any facility operated by the Civil Air Patrol.
Section 2.
This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governorand subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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