Kentucky 2024 Regular Session Status: Passed House 18 R cosponsors

HB 575 — AN ACT relating to the acquisition of agricultural land.

Last action — posted for passage for concurrence in Senate Committee Substitute (1)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Create new sections of KRS Chapter 247 to define terms, prohibit a nonresident alien, foreign business, foreign agent, trustee, or fiduciary associated with the government of any proscribed country referenced in 22 C.F.R. sec. 126.1 from the purchase, lease, or acquisition of agricultural land in Kentucky or participation in programs administered by the Department of Agriculture, Agricultural Development Board, and Kentucky Agricultural Finance Corporation; allow an existing foreign-owned business to purchase adjacent agricultural land to expand the operations of the business; exempt foreign ownership or leasing of up to 350 acres for research purposes; establish the Kentucky Foreign Investment Review Board to review applications for appeal for those on the prohibited countries list wishing to purchase, lease, or acquire agricultural land, set forth requirements of the board to approve or deny an application for appeal, establish a process for an application for appeal, authorize the board to promulgate administrative regulations; allow an applicant who is denied an appeal to purchase agricultural land to appeal the final decision in Circuit Court; require a county clerk to record an affidavit on any deed that conveys agricultural land and report the affidavit recordings monthly to the Kentucky Foreign Investment Review Board, require the Kentucky Foreign Investment Review Board to report to the Committee on Foreign Investment in the United States each month; set forth requirements to divest land that has been purchased, leased, or denied without approval of the Kentucky Foreign Investment Review Board, and direct the distribution of sale proceeds.

Bill Text

What changed in the latest version

82 added · 172 removed

82 line(s) added, 172 removed.

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UNOFFICIAL COPY 24 RS BR 496 AN ACT relating to the acquisition of agricultural land.
UNOFFICIAL COPY 24 RS HB 575/GA AN ACT relating to the acquisition of agricultural land.
(1) As used in Section 1 to 5 of this Act:
(1) As used in this section:
(2) Notwithstanding any other provision of law to the contrary, except as provided in subsections (3) to (7) of this section, on or after the effective date of this Act, a nonresident alien, foreign business, foreign agent, trustee, or fiduciary associated with the government of any proscribed country referenced in 22 C.F.R.
(2) Notwithstanding any other provision of law to the contrary, except as provided in subsections (3) and (4) of this section, on or after the effective date of this Act, a nonresident alien, foreign business, foreign agent, trustee, or fiduciary who has a legal relationship with or is legally bound to take instruction from or execute decisions for the government of any proscribed country referenced in 22 C.F.R.
(3) Any nonresident alien, foreign business, foreign agent, trustee, or fiduciary associated with the government of any proscribed country referenced in 22 C.F.R.
(3) Any agricultural land purchased, leased, or acquired by a nonresident alien, foreign business, foreign agent, trustee, or fiduciary who has a legal relationship with or is legally bound to take instruction from or execute decisions for the government of any proscribed country referenced in 22 C.F.R.
126.1, as amended, wishing to purchase, lease, or acquire agricultural land shall submit an application for appeal to the Kentucky Foreign Investment Review Board, pursuant to Section 2 of this Act, and may be granted conditional Page 1 of 7 XXXX 2/14/2024 2:51 PM Jacketed UNOFFICIAL COPY 24 RS BR 496 approval from the Kentucky Foreign Investment Review Board prior to the purchase, lease, or acquisition of the agricultural land.
126.1, as Page 1 of 4 HB057510.100 - 496 - XXXX 3/21/2024 2:53 PM GA UNOFFICIAL COPY 24 RS HB 575/GA amended, prior to the effective date of this Act may continue to own or hold the agricultural land, but shall not purchase, lease, or acquire any additional agricultural land or interest in agricultural land in this Commonwealth.
(4) Any agricultural land purchased, leased, or acquired by a nonresident alien, foreign business, foreign agent, trustee, or fiduciary associated with the government of any proscribed country referenced in 22 C.F.R.
(4) Nothing in this section shall prohibit:
(a) An existing foreign business who has a legal relationship with or is legally bound to take instruction from or execute decisions for the government of any proscribed country referenced in 22 C.F.R.
126.1, as amended, prior to the effective date of this Act shall be exempt from the provisions in Sections 1 to 5 of this Act.
(5) On or after the effective date of this Act, a transfer of ownership or possession of the agricultural land exempt under subsection (4) of this section to a nonresident alien, foreign business, foreign agent, trustee, or fiduciary associated with the government of any proscribed country referenced in 22 C.F.R.
sec.
126.1, as amended, shall require prior approval from the Kentucky Foreign Investment Review Board, pursuant to Section 2 of this Act.
(6) Nothing in Sections 1 to 5 of this Act shall prohibit:
(a) An existing foreign business associated with the government of any proscribed country referenced in 22 C.F.R.
sec.
and (b) A nonresident alien, foreign business, foreign agent, trustee, or fiduciary associated with the government of any proscribed country referenced in 22 C.F.R.
and (b) A nonresident alien, foreign business, foreign agent, trustee, or fiduciary who has a legal relationship with or is legally bound to take instruction from or execute decisions for the government of any proscribed country referenced in 22 C.F.R.
Page 2 of 7 XXXX 2/14/2024 2:51 PM Jacketed UNOFFICIAL COPY 24 RS BR 496 SECTION 2.
(5) Nothing in this section shall exempt a nonresident alien, foreign business, foreign agent, trustee, or fiduciary who has a legal relationship with or is legally bound to take instruction from or execute decisions for the government of any proscribed country referenced in 22 C.F.R.
A NEW SECTION OF KRS CHAPTER 247 IS CREATED TO READ AS FOLLOWS:
(1) There is hereby established the Kentucky Foreign Investment Review Board which shall be attached to the Department of Agriculture for administrative purposes.
(2) The Kentucky Foreign Investment Review Board shall consist of the following five (5) members:
(a) The Commissioner of Agriculture or his or her designee, who shall serve as chair of the board;
(b) The Secretary of the Cabinet for Economic Development or his or her designee;
(c) The Secretary of State or his or her designee;
(d) The Executive Director of the Kentucky Office of Homeland Security or his or her designee;
and (e) A citizen member who shall be appointed jointly by the President of the Senate and the Speaker of the House of Representatives.
(3) The citizen member appointed under subsection (2)(e) of this section shall have expertise in real estate and shall serve:
(a) A two (2) year term and may be reappointed;
and (b) Until his or her successor is duly appointed by the President of the Senate and the Speaker of the House of Representatives.
(4) Members of the board shall serve without compensation with exception to the citizen member who shall be entitled to reimbursement by the department for actual expenses incurred while carrying out the duties of the board.
(5) The board shall meet monthly or upon the call of the chair to:
(a) Assess foreign investments and interests in agricultural land in the Commonwealth by a nonresident alien, foreign business, foreign agent, Page 3 of 7 XXXX 2/14/2024 2:51 PM Jacketed UNOFFICIAL COPY 24 RS BR 496 trustee, or fiduciary associated with the government of any proscribed country referenced in 22 C.F.R.
126.1, as amended, in order to consider the public interests in maintaining national security and agricultural integrity within the Commonwealth;
126.1, as amended, from:
(b) Grant conditional approvals or deny applications for appeal for foreign investments and interests in agricultural land by a nonresident alien, foreign business, foreign agent, trustee, or fiduciary associated with the government of any proscribed country referenced in 22 C.F.R.
(a) The provisions of the Agricultural Foreign Investment Disclosure Act, 7 U.S.C.
126.1, as amended;
3501 et.
and (c) Evaluate any need for imposed restrictions for any investments and interests in agricultural land by a nonresident alien, foreign business, foreign agent, trustee, or fiduciary associated with the government of any proscribed country referenced in 22 C.F.R.
seq., and its accompanying regulations at 7 C.F.R.
sec.
126.1, as amended.
(6) Three (3) members of the board shall constitute a quorum.
An application for appeal for foreign investments and interests in agricultural land shall be conditionally approved or denied by a vote of the simple majority of the full committee.
(7) The board may promulgate administrative regulations in accordance with KRS Chapter 13A to establish:
(a) An appeal application process for foreign investments and interests in agricultural land;
Show all 83 changed rows (43 more)
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and (b) Guidelines for conditional approval, proposed restrictions, or any other criteria necessary to carry out the provisions of Sections 1 to 5 of this Act.
SECTION 3.
A NEW SECTION OF KRS CHAPTER 247 IS CREATED TO READ AS FOLLOWS:
(1) Any nonresident alien, foreign business, foreign agent, trustee, or fiduciary associated with the government of any proscribed country as referenced in 22 Page 4 of 7 XXXX 2/14/2024 2:51 PM Jacketed UNOFFICIAL COPY 24 RS BR 496 C.F.R.
sec.
126.1, as amended, wishing to purchase, lease, or acquire agricultural land, in the Commonwealth, on or after the effective date of this Act, may submit an application for appeal to the Kentucky Foreign Investment Review Board for conditional approval.
(2) Within thirty (30) days upon receipt of an application for appeal, the Kentucky Foreign Investment Review Board shall grant a conditional approval or deny an appeal application for a foreign investment or interest in agricultural land.
(3) Any applicant who is denied an appeal to purchase, lease, or acquire agricultural land by the Kentucky Foreign Investment Review Board may request an administrative hearing pursuant to KRS Chapter 13B within thirty (30) days of notification of the denial and may appeal the final decision to Franklin Circuit Court or the Circuit Court of the county in which the agricultural land is located.
SECTION 4.
A NEW SECTION OF KRS CHAPTER 247 IS CREATED TO READ AS FOLLOWS:
(1) On or after the effective date of this Act, any deed that conveys agricultural land and recorded with a county clerk shall include, as an exhibit to the deed, an affidavit executed by the person or entity coming into title attesting that the purchase or acquisition complies with the requirements of Sections 1 to 5 of this Act and that no program assistance or funding source under subsection (2)(b) of Section 1 of this Act is being used in the sale or transfer of agricultural land.
(2) A county clerk shall not accept and record any deed that conveys agricultural land without an affidavit as required by subsection (1) of this section.
On or after the effective date of this Act, a county clerk shall submit a monthly report of all agricultural land foreign investment affidavits received by the county clerk under this section that were filed during the preceding month to the Kentucky Foreign Investment Review Board.
(3) The Kentucky Foreign Investment Review Board shall submit a monthly report, Page 5 of 7 XXXX 2/14/2024 2:51 PM Jacketed UNOFFICIAL COPY 24 RS BR 496 containing county clerk reports of agricultural land foreign investment affidavits filed during the preceding month, to the Committee on Foreign Investment in the United States via the United States Department of the Treasury.
(4) Nothing in this section shall exempt a nonresident alien, foreign business, foreign agent, trustee, or fiduciary associated with the government of any proscribed country referenced in 22 C.F.R.
sec.
126.1, as amended, from the provisions of the Agricultural Foreign Investment Disclosure Act, 7 U.S.C.
sec.
3501 et seq., and its accompanying regulations at 7 C.F.R.
or any amendments thereto.
or any amendments thereto;
SECTION 5.
and (b) Filing a copy of the required report pursuant to 7 U.S.C.
A NEW SECTION OF KRS CHAPTER 247 IS CREATED TO READ AS FOLLOWS:
(1) A nonresident alien, foreign business, foreign agent, trustee, or fiduciary associated with the government of any proscribed country referenced in 22 C.F.R.
126.1, as amended, who purchases, leases, or acquires agricultural land on or after the effective date of this Act, and has received denial of application for appeal from the Kentucky Foreign Investment Review Board, shall divest itself of all right, title, and interest in the agricultural land within one (1) year from the date of acquiring the agricultural land or interest or notice of the violation.
3501 et.
(2) (a) If the court finds that agricultural land has been purchased or acquired in violation of Sections 1 to 5 of this Act, then the court shall declare the agricultural land escheated to the state and order the sale of the agricultural land in the manner provided by law for the foreclosure of a mortgage on real estate for default of payment.
seq Page 2 of 4 HB057510.100 - 496 - XXXX 3/21/2024 2:53 PM GA UNOFFICIAL COPY 24 RS HB 575/GA and its accompanying regulations at 7 C.F.R.
The proceeds of the sale shall first be used to pay court costs, and the remaining funds, if any, shall be deposited in the general fund.
pt.
(b) If the court finds that agricultural land has been leased in violation of Page 6 of 7 XXXX 2/14/2024 2:51 PM Jacketed UNOFFICIAL COPY 24 RS BR 496 Sections 1 to 5 of this Act, then the court shall rescind the lease and it shall be rendered null and void.
781 et.
XXXX 2/14/2024 2:51 PM Page 7 of 7 Jacketed
seq., or amendments thereto, with the Department of Agriculture within the time period specified therein.
(6) The Department of Agriculture shall review any report:
(a) Received in accordance with subsection (5) of this section;
and (b) Voluntarily submitted by a county register of deeds alleging a violation of this section.
(7) If the Department of Agriculture has reason to believe that a violation of this section may have occurred, the department shall refer evidence of noncompliance to the Office of the Attorney General, who shall investigate the evidence for violations of this section.
The Office of the Attorney General may bring an action pursuant to KRS Chapter 15 to enforce the provisions of this section.
(8) (a) If the court finds that agricultural land has been purchased or acquired in violation of this section, then the court shall declare the agricultural land escheated to the state and order the sale of the agricultural land in the manner provided by law for the judicial foreclosure of a mortgage on real estate for default of payment.
After the Office of the Attorney General has been reimbursed for all actual costs incurred from the enforcement of this provision, the proceeds of the sale of the agricultural land pursuant to this paragraph through judicial foreclosure shall be disbursed in the following order:
1.
Payment of delinquent ad valorem taxes;
2.
Payment to mortgage and other lien holders, in the priority determined by the court;
and 3.
Deposit in the Budget Reserve Trust Fund.
(b) If the court finds that agricultural land has been leased in violation of this section, then the court shall rescind the lease and it shall be rendered null Page 3 of 4 HB057510.100 - 496 - XXXX 3/21/2024 2:53 PM GA UNOFFICIAL COPY 24 RS HB 575/GA and void.
Page 4 of 4 HB057510.100 - 496 - XXXX 3/21/2024 2:53 PM GA
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Action History

  1. posted for passage for concurrence in Senate Committee Substitute (1)

  2. to Rules (H)

  3. received in House

  4. 3rd reading, passed 38-0 with Committee Substitute (1)

  5. posted for passage in the Consent Orders of the Day for Thursday, March 28, 2024

  6. 2nd reading, to Rules as a consent bill

  7. reported favorably, 1st reading, to Consent Calendar with Committee Substitute (1)

  8. to Agriculture (S)

  9. to Committee on Committees (S)

  10. received in Senate

  11. 3rd reading, passed 83-14 with Committee Substitute (1) and Floor Amendment (1)

  12. posted for passage in the Regular Orders of the Day for Friday, March 15, 2024

  13. returned to Rules

  14. taken from Appropriations & Revenue (H)

  15. floor amendment (1) filed to Committee Substitute

  16. recommitted to Appropriations & Revenue (H)

  17. 2nd reading, to Rules

  18. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  19. to State Government (H)

  20. to Committee on Committees (H)

  21. introduced in House

Sponsors

Sponsorship breakdown

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20 sponsors · 0 co-sponsors · 118 not signed on · 12 voted No

Sponsors (20)

Co-sponsors (0)

None.

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASS HB 575 W/ scs1

Passed 38 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 3000
Republican 28000
Unaffiliated 7000
Total 38000
% of votes cast 100%0%0%0%
How each member voted (38)
Member Party Vote
Turner — Yea
Schickel — Yea
Southworth — Yea
Westerfield — Yea
Thayer — Yea
Yates — Yea
Harper Angel — Yea
Cassie Chambers Armstrong Democrat Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Greg Elkins Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jason Nemes Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Michael Meredith Republican Yea
Nick Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea

Official roll call →

Pass

Passed 83 Yea · 14 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 41100
Republican 70101
Unaffiliated 9200
Total 831401
% of votes cast 85%14%0%1%
How each member voted (98)
Member Party Vote
Heath — Yea
Dixon — Yea
Bentley — Yea
Justice — Yea
Palumbo — Yea
Timoney — Yea
Pratt — Yea
Graham — Nay
Raymond — Nay
Bratcher K. — Yea
Stevenson C — Yea
Adrielle Camuel Democrat Yea
Al Gentry Democrat Nay
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Nay
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Nay
Keturah J. Herron Democrat Nay
Lindsey Burke Democrat Nay
Lisa Willner Democrat Nay
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Nay
Rachel Roarx Democrat Nay
Sarah Stalker Democrat Nay
Tina Bojanowski Democrat Nay
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Meredith Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Nick Wilson Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Bratcher Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Not Voting
T.J. Roberts Republican Nay
Thomas Huff Republican Yea
Timmy Truett Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

immigration agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 575 do?
Create new sections of KRS Chapter 247 to define terms, prohibit a nonresident alien, foreign business, foreign agent, trustee, or fiduciary associated with the government of any proscribed country referenced in 22 C.F.R. sec. 126.1 from the purchase, lease, or acquisition of agricultural land in Kentucky or participation in programs administered by the Department of Agriculture, Agricultural Development Board, and Kentucky Agricultural Finance Corporation; allow an existing foreign-owned business to purchase adjacent agricultural land to expand the operations of the business; exempt foreign ownership or leasing of up to 350 acres for research purposes; establish the Kentucky Foreign Investment Review Board to review applications for appeal for those on the prohibited countries list wishing to purchase, lease, or acquire agricultural land, set forth requirements of the board to approve or deny an application for appeal, establish a process for an application for appeal, authorize the board to promulgate administrative regulations; allow an applicant who is denied an appeal to purchase agricultural land to appeal the final decision in Circuit Court; require a county clerk to record an affidavit on any deed that conveys agricultural land and report the affidavit recordings monthly to the Kentucky Foreign Investment Review Board, require the Kentucky Foreign Investment Review Board to report to the Committee on Foreign Investment in the United States each month; set forth requirements to divest land that has been purchased, leased, or denied without approval of the Kentucky Foreign Investment Review Board, and direct the distribution of sale proceeds.
Who sponsors HB 575?
HB 575 is sponsored by R. Heath, David Hale (Republican), Shane Baker (Republican), D. Bentley, Steve Bratcher (Republican), Josh Calloway (Republican), Jennifer Decker (Republican), Daniel Elliott (Republican), Daniel Fister (Republican), Chris Freeland (Republican), Kim King (Republican), Candy Massaroni (Republican), Shawn McPherson (Republican), Michael Meredith (Republican), Amy Neighbors (Republican), Michael Sarge Pollock (Republican), Rebecca Raymer (Republican), Nancy Tate (Republican), and Walker Thomas (Republican).
What is the current status of HB 575?
This bill died with 2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 575?
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