AK
Alaska Senate Bill SB139

Alaska 2025-2026 Regular Session

Alaska Senate Bill SB139 Compare Versions

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11- SPONSOR SUBSTITUTE FOR SENATE BILL NO. 139
11+ SENATE BILL NO. 139
1212
1313 IN THE LEGISLATURE OF THE STATE OF ALASKA
1414
1515 THIRTY-FOURTH LEGISLATURE - FIRST SESSION
1616
1717 BY SENATOR HUGHES
1818
19-Introduced: 4/2/25
19+Introduced: 3/19/25
2020 Referred: Resources, Judiciary
2121
2222
2323 A BILL
2424
2525 FOR AN ACT ENTITLED
2626
27-"An Act relating to who may own or hold certain land; relating to certain agreements 1
28-having to do with critical infrastructure; and providing for an effective date." 2
27+"An Act relating to certain agreements having to do with critical infrastructure; relating 1
28+to who may own or hold certain land; and providing for an effective date." 2
2929 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
3030 * Section 1. AS 34 is amended by adding a new chapter to read: 4
3131 Chapter 87. Holding of Land by Nonresident Persons. 5
3232 Sec. 34.87.010. Persons prohibited from acquiring or leasing land within 6
3333 100 miles of a military installation in the state. (a) Except as provided in (c) of this 7
34-section, a person or entity listed in AS 34.87.040(a) may not purchase, lease, or 8
35-otherwise acquire land in the state that is within 100 miles of a military installation. 9
36-(b) Land purchased, leased, or otherwise acquired in violation of (a) of this 10
37-section is subject to forfeiture by the attorney general as authorized under 11
38-AS 34.87.020. However, title to land may not be invalidated and land may not be 12
39-forfeited under this section because a prior owner or holder of the land violated this 13
40-section. 14 34-LS0419\I
41-SSSB 139 -2- SB0139B
34+section, a person who is a citizen of The People's Republic of China, the Islamic 8
35+Republic of Iran, the Democratic People's Republic of Korea, or the Russian 9
36+Federation, or a company that is prohibited from entering into agreements relating to 10
37+critical infrastructure under AS 45.46.010, may not purchase, lease, or otherwise 11
38+acquire land in the state that is within 100 miles of a military installation. 12
39+(b) Land purchased, leased, or otherwise acquired in violation of (a) of this 13
40+section is subject to forfeiture by the attorney general as authorized under 14 34-LS0419\N
41+SB 139 -2- SB0139A
4242 New Text Underlined [DELETED TEXT BRACKETED]
4343
44-(c) This section does not apply to 1
45-(1) a lease of residential property or a dwelling unit; 2
46-(2) the purchase, lease, or acquisition of land by a person who is a 3
47-United States citizen and a citizen of a country designated by the United States 4
48-Secretary of Commerce as a foreign adversary under 15 C.F.R. 791.4. 5
49-(d) In this section, 6
50-(1) "dwelling unit" has the meaning given in AS 34.03.360; 7
51-(2) "military installation" means a base, camp, post, station, yard, 8
52-center, homeport facility for a ship, armory, or other installation under the jurisdiction 9
53-of the United States Department of Defense, the United States Coast Guard, the 10
54-Alaska National Guard, the Alaska Naval Militia, or the Alaska State Defense Force. 11
55-Sec. 34.87.020. Investigation and enforcement of violations of 12
56-AS 34.87.010. (a) If the attorney general receives evidence of a probable violation of 13
57-AS 34.87.010, the attorney general shall investigate the alleged violation. 14
58-(b) The attorney general shall bring an action for forfeiture of an interest in 15
59-land held in violation of AS 34.87.010 in the judicial district in which the land is 16
60-located. The attorney general shall record in the recording district in which the land is 17
61-located a certificate containing the caption and case number of the action and a 18
62-description of the land. If the court finds that an interest in land in the state is acquired, 19
63-owned, or held in violation of AS 34.87.010, the court may enter a judgment of 20
64-forfeiture vesting title to the land in the state, subject to any outstanding liens. The 21
65-attorney general shall record a certified copy of the court's judgment under this 22
66-subsection in the recording district in which the land is located. The following apply to 23
67-a forfeiture proceeding following the court's entering of a judgment of forfeiture under 24
68-this section: 25
69-(1) the attorney general shall, if warranted, request the court to appoint 26
70-a receiver to take over and manage the land before its sale; 27
71-(2) the attorney general, with the assistance of the Department of 28
72-Natural Resources, shall sell the land under AS 38.05; 29
73-(3) when the land is sold, the attorney general shall disburse the 30
74-proceeds of the sale to lienholders, in an order of priority determined by the 31 34-LS0419\I
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44+AS 34.87.020. However, title to land may not be invalidated and land may not be 1
45+forfeited under this section because a prior owner or holder of the land violated this 2
46+section. 3
47+(c) This section does not apply to 4
48+(1) a lease of residential property or a dwelling unit; 5
49+(2) the purchase, lease, or acquisition of land by a person who is a 6
50+citizen of The People's Republic of China, the Islamic Republic of Iran, the 7
51+Democratic People's Republic of Korea, or the Russian Federation and who is a 8
52+United States citizen. 9
53+(d) In this section, 10
54+(1) "dwelling unit" has the meaning given in AS 34.03.360; 11
55+(2) "military installation" means a base, camp, post, station, yard, 12
56+center, homeport facility for a ship, armory, or other installation under the jurisdiction 13
57+of the United States Department of Defense, the United States Coast Guard, the 14
58+Alaska National Guard, the Alaska Naval Militia, or the Alaska State Defense Force. 15
59+Sec. 34.87.020. Investigation and enforcement of violations of 16
60+AS 34.87.010. (a) If the attorney general receives evidence of a probable violation of 17
61+AS 34.87.010, the attorney general shall investigate the alleged violation. 18
62+(b) The attorney general shall bring an action for forfeiture of an interest in 19
63+land held in violation of AS 34.87.010 in the judicial district in which the land is 20
64+located. The attorney general shall record in the recording district in which the land is 21
65+located a certificate containing the caption and case number of the action and a 22
66+description of the land. If the court finds that an interest in land in the state is acquired, 23
67+owned, or held in violation of AS 34.87.010, the court may enter a judgment of 24
68+forfeiture vesting title to the land in the state, subject to any outstanding liens. The 25
69+attorney general shall record a certified copy of the court's judgment under this 26
70+subsection in the recording district in which the land is located. The following apply to 27
71+a forfeiture proceeding following the court's entering of a judgment of forfeiture under 28
72+this section: 29
73+(1) the attorney general shall, if warranted, request the court to appoint 30
74+a receiver to take over and manage the land before its sale; 31 34-LS0419\N
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78-lienholders, except for liens that, under the terms of the judgment of forfeiture, are to 1
79-remain on the property; 2
80-(4) a lienholder may bid the lienholder's credit, in an amount that is not 3
81-more than the amount owed to the lienholder on the date of the sale, as determined by 4
82-the court in the judgment of forfeiture for the property; and 5
83-(5) no portion of the proceeds may be distributed to the person from 6
84-whom the land was forfeited, and all proceeds shall be deposited in the general fund. 7
85-(c) A person may not be held civilly or criminally liable for failing to 8
86-determine or inquire whether another person is prohibited from acquiring or leasing 9
87-land under AS 34.87.010. 10
88-(d) A forfeiture under this section does not void, invalidate, or otherwise 11
89-extinguish any bona fide mortgage, lien, or other interest granted by, through, or under 12
90-the person from whom the land was forfeit. 13
91-Sec. 34.87.030. Right of nonresident alien to acquire, hold, and convey 14
92-land. (a) Except as provided in AS 34.87.010 and 34.87.040, a person who is a 15
93-nonresident alien, whether the person resides in the United States or a foreign country, 16
94-may 17
95-(1) acquire real estate by purchase, devise, or descent; 18
96-(2) hold and enjoy real estate; and 19
97-(3) convey, devise, transmit, mortgage, or otherwise encumber real 20
98-estate in the same manner and with the same effect as citizens of the United States. 21
99-(b) The title of any real estate inherited, mortgaged, conveyed, or devised is 22
100-not affected by the alienage of a person from or through whom the title is claimed or 23
101-derived. 24
102-Sec. 34.87.040. Limitations on the ownership of agricultural land. (a) 25
103-Except as provided in (c) and (d) of this section, the following persons may not, 26
104-directly or indirectly, acquire or lease an interest prohibited under (b) of this section in 27
105-agricultural land in the state: 28
106-(1) a person who is a citizen of a country designated as a foreign 29
107-adversary by the United States Secretary of Commerce under 15 C.F.R. 791.4; or 30
108-(2) a foreign business entity that is 31 34-LS0419\I
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78+(2) the attorney general, with the assistance of the Department of 1
79+Natural Resources, shall sell the land under AS 38.05; 2
80+(3) when the land is sold, the attorney general shall disburse the 3
81+proceeds of the sale to lienholders, in an order of priority determined by the 4
82+lienholders, except for liens that, under the terms of the judgment of forfeiture, are to 5
83+remain on the property; 6
84+(4) a lienholder may bid the lienholder's credit, in an amount that is not 7
85+more than the amount owed to the lienholder on the date of the sale, as determined by 8
86+the court in the judgment of forfeiture for the property; and 9
87+(5) no portion of the proceeds may be distributed to the person from 10
88+whom the land was forfeited, and all proceeds shall be deposited in the general fund. 11
89+(c) A person may not be held civilly or criminally liable for failing to 12
90+determine or inquire whether another person is prohibited from acquiring or leasing 13
91+land under AS 34.87.010. 14
92+(d) A forfeiture under this section does not void, invalidate, or otherwise 15
93+extinguish any bona fide mortgage, lien, or other interest granted by, through, or under 16
94+the person from whom the land was forfeit. 17
95+Sec. 34.87.030. Right of nonresident alien to acquire, hold, and convey 18
96+land. (a) Except as provided in AS 34.87.010 and 34.87.050, a person who is a 19
97+nonresident alien, whether the person resides in the United States or a foreign country, 20
98+may 21
99+(1) acquire real estate by purchase, devise, or descent; 22
100+(2) hold and enjoy real estate; and 23
101+(3) convey, devise, transmit, mortgage, or otherwise encumber real 24
102+estate in the same manner and with the same effect as citizens of the United States. 25
103+(b) The title of any real estate inherited, mortgaged, conveyed, or devised is 26
104+not affected by the alienage of a person from or through whom the title is claimed or 27
105+derived. 28
106+Sec. 34.87.040. Limitations on foreign business entities acquisition of 29
107+agricultural land. (a) Except as provided in (c) of this section, a foreign business 30
108+entity may not acquire by grant, purchase, devise, descent, or other means agricultural 31 34-LS0419\N
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112-(A) wholly owned by, or the majority of stock or other 1
113-ownership interest of the foreign business entity is held or controlled by, 2
114-(i) persons who are citizens of a country designated as a 3
115-foreign adversary by the United States Secretary of Commerce under 4
116-15 C.F.R. 791.4; 5
117-(ii) a business entity or other entity, including a 6
118-governmental entity, that is owned or controlled by citizens of, or is 7
119-directly controlled by the government of, a person or country 8
120-designated as a foreign adversary by the United States Secretary of 9
121-Commerce under 15 C.F.R. 791.4; or 10
122-(B) headquartered in a country that the United States Secretary 11
123-of Commerce has designated as a foreign adversary under 15 C.F.R. 791.4. 12
124-(b) Except as provided in (c) and (d) of this section, a person listed under (a) 13
125-of this section may not 14
126-(1) acquire by grant, purchase, devise, descent, or otherwise acquire 15
127-(A) an interest in agricultural land located in the state; or 16
128-(B) mineral, water, or riparian rights on or in agricultural land 17
129-located in the state; 18
130-(2) lease 19
131-(A) agricultural land located in the state; or 20
132-(B) mineral, water, or riparian rights on or in any agricultural 21
133-land located in the state. 22
134-(c) This section does not apply to a person who is a United States citizen and a 23
135-citizen of a country designated by the United States Secretary of Commerce as a 24
136-foreign adversary under 15 C.F.R. 791.4. 25
137-(d) Notwithstanding the limitations of this section, a person listed under (a) of 26
138-this section may continue leasing, or renew a lease of, agricultural land, if the person 27
139-leased the land before July 1, 2025, and the acreage and land subject to the lease does 28
140-not change. 29
141-(e) A person may not be held civilly or criminally liable for failing to 30
142-determine or inquire whether another person is subject to this section. 31 34-LS0419\I
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112+land located in the state for the purposes of crop farming or timber production. 1
113+(b) Except as provided in (c) of this section, a foreign business entity that 2
114+acquired agricultural land in the state for the purposes of crop farming or timber 3
115+production before July 1, 2025, may not grant, sell, or otherwise transfer the 4
116+agricultural land to another foreign business entity for the purposes of crop farming or 5
117+timber production after June 30, 2025. 6
118+(c) This section does not apply to a foreign business entity leasing or acquiring 7
119+agricultural land or an interest in agricultural land 8
120+(1) that is necessary to the operations of the business for purposes 9
121+other than crop farming or timber production; 10
122+(2) for research or experimental purposes, including testing, 11
123+developing, or producing seeds or plants for sale or resale to farmers as seed stock; 12
124+(3) that is, in the aggregate, not more than 13
125+(A) 320 acres in the state and used for crop farming; or 14
126+(B) 10 acres in the state and used for timber production; or 15
127+(4) for the purposes of 16
128+(A) operating a confined feeding operation; or 17
129+(B) raising poultry or producing eggs, including hatchery 18
130+operations and other ancillary activities. 19
131+Sec. 34.87.050. Limitations on the ownership of agricultural land. (a) 20
132+Except as provided in (c) and (d) of this section, the following persons may not, 21
133+directly or indirectly, acquire or lease an interest prohibited under (b) of this section in 22
134+agricultural land in the state: 23
135+(1) a person who is a citizen of a country designated as a foreign 24
136+adversary by the United States Secretary of Commerce under 15 C.F.R. 791.4; or 25
137+(2) a foreign business entity that is 26
138+(A) wholly owned by, or the majority of stock or other 27
139+ownership interest of the foreign business entity is held or controlled by 28
140+(i) persons who are citizens of a country designated as a 29
141+foreign adversary by the United States Secretary of Commerce under 30
142+15 C.F.R. 791.4; 31 34-LS0419\N
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146-(f) A purchase, acquisition, or lease of agricultural land in violation of this 1
147-section is subject to forfeiture by the attorney general as authorized under 2
148-AS 34.87.050. 3
149-Sec. 34.87.050. Investigation and enforcement of violations of 4
150-AS 34.87.040. (a) If the attorney general receives evidence of a probable violation of 5
151-AS 34.87.040, the attorney general shall investigate the alleged violation and may 6
152-issue subpoenas to require the attendance of witnesses or the production of documents 7
153-or other physical evidence, administer oaths, and conduct hearings to aid an 8
154-investigation or inquiry. Service of an order or subpoena must be made in the same 9
155-manner as a summons in a civil action in the superior court. 10
156-(b) The attorney general shall bring an action for forfeiture of an interest in 11
157-agricultural land held in violation of AS 34.87.040 in the judicial district in which the 12
158-agricultural land is located. The attorney general shall record in the recording district 13
159-in which the agricultural land is located a certificate containing the caption and case 14
160-number of the action and a description of the agricultural land. If the court finds that 15
161-an interest in agricultural land in the state is acquired, owned, or held in violation of 16
162-AS 34.87.040, the court may enter a judgment of forfeiture vesting title to the 17
163-agricultural land in the state, subject to any outstanding liens. The attorney general 18
164-shall record a certified copy of the court's judgment under this subsection in the 19
165-recording district in which the agricultural land is located. The following apply to a 20
166-forfeiture proceeding following the court's entering of a judgment of forfeiture under 21
167-this section: 22
168-(1) the attorney general shall, if warranted, request the court to appoint 23
169-a receiver to take over and manage the agricultural land before its sale; 24
170-(2) the attorney general, with the assistance of the Department of 25
171-Natural Resources, shall sell the land under AS 38.05; 26
172-(3) when the agricultural land is sold, the attorney general shall 27
173-disburse the proceeds of the sale to lienholders, in the order of priority determined by 28
174-the lienholders, except for liens that, under the terms of the judgment of forfeiture, are 29
175-to remain on the property; 30
176-(4) a lienholder may bid the lienholder's credit, in an amount that is not 31 34-LS0419\I
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146+(ii) a business entity or other entity, including a 1
147+governmental entity, that is owned or controlled by citizens of, or is 2
148+directly controlled by the government of, a person or country 3
149+designated as a foreign adversary by the United States Secretary of 4
150+Commerce under 15 C.F.R. 791.4; or 5
151+(B) headquartered in a country that the United States Secretary 6
152+of Commerce has designated as a foreign adversary under 15 C.F.R. 791.4. 7
153+(b) Except as provided in (c) and (d) of this section, a person listed under (a) 8
154+of this section may not 9
155+(1) acquire by grant, purchase, devise, descent, or otherwise acquire 10
156+(A) an interest in agricultural land located in the state; or 11
157+(B) mineral, water, or riparian rights on or in agricultural land 12
158+located in the state; 13
159+(2) lease 14
160+(A) agricultural land located in the state; or 15
161+(B) mineral, water, or riparian rights on or in any agricultural 16
162+land located in the state. 17
163+(c) This section does not apply to a person who is a United States citizen and 18
164+a citizen of a country designated by the United States Secretary of Commerce as a 19
165+foreign adversary under 15 C.F.R. 791.4. 20
166+(d) Notwithstanding the limitations of this section, a person listed under (a) of 21
167+this section may continue leasing, or renew a lease of, agricultural land, if the person 22
168+leased the land before July 1, 2025, and the acreage and land subject to the lease does 23
169+not change. 24
170+(e) A person may not be held civilly or criminally liable for failing to 25
171+determine or inquire whether another person is subject to this section. 26
172+(f) A purchase, acquisition, or lease of agricultural land in violation of this 27
173+section is subject to forfeiture by the attorney general as authorized under 28
174+AS 34.87.070. 29
175+Sec. 34.87.060. Foreign business entity reporting for acquisitions, sales, or 30
176+other transfers of an interest in agricultural land. (a) A foreign business entity that 31 34-LS0419\N
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179179
180-more than the amount owed to the lienholder on the date of the sale, as determined by 1
181-the court in the judgment of forfeiture for the property; and 2
182-(5) no portion of the proceeds may be distributed to the person from 3
183-whom the agricultural land was forfeited, and all proceeds shall be deposited in the 4
184-general fund. 5
185-(c) A person may not be held civilly or criminally liable for failing to 6
186-determine or inquire whether another person is prohibited from acquiring or leasing 7
187-land under AS 34.87.040. 8
188-(d) Title to agricultural land may not be invalidated and agricultural land may 9
189-not be forfeited under this section because a prior owner or holder of the agricultural 10
190-land violated AS 34.87.040. 11
191-(e) A forfeiture under this section does not void, invalidate, or otherwise 12
192-extinguish any bona fide mortgage, lien, or other interest granted by, through, or under 13
193-the person from whom the land was forfeit. 14
194-Sec. 34.87.090. Definitions. In this chapter, 15
195-(1) "agricultural land" means land used for crop farming, timber 16
196-production, or pasture; 17
197-(2) "crop farming" means the cultivation of land for the production of 18
198-plants or plant products that can be grown and harvested exclusively for profit or 19
199-subsistence; 20
200-(3) "foreign business entity" includes 21
201-(A) a corporation, professional corporation, nonprofit 22
202-corporation, limited liability company, partnership, limited partnership that is 23
203-organized under the laws of another country, or similar entity; and 24
204-(B) an agent, trustee, or fiduciary of the entity. 25
205- * Sec. 2. AS 45 is amended by adding a new chapter to read: 26
206-Chapter 46. Critical Infrastructure Agreements. 27
207-Sec. 45.46.010. Restrictions on critical infrastructure agreements with 28
208-certain companies. (a) A person, state agency, or political subdivision of the state 29
209-may not enter into an agreement relating to a critical infrastructure facility in the state 30
210-with a company if 31 34-LS0419\I
211-SB0139B -7- SSSB 139
180+acquires, sells, or transfers agricultural land located in the state for the purposes of 1
181+crop farming or timber production shall report the acquisition, sale, or transfer to the 2
182+attorney general not later than 30 days after the acquisition, sale, or transfer of the 3
183+agricultural land. 4
184+(b) The report must be made in the form and manner prescribed by the 5
185+attorney general. The attorney general shall review reports submitted under this 6
186+subsection and may investigate an acquisition, sale, or transfer of agricultural land if 7
187+the attorney general determines that the acquisition, sale, or transfer of agricultural 8
188+land violates AS 34.87.050. 9
189+Sec. 34.87.070. Investigation and enforcement of violations of 10
190+AS 34.87.050. (a) If the attorney general receives evidence of a probable violation of 11
191+AS 34.87.050, the attorney general shall investigate the alleged violation and may 12
192+issue subpoenas to require the attendance of witnesses or the production of documents 13
193+or other physical evidence, administer oaths, and conduct hearings to aid an 14
194+investigation or inquiry. Service of an order or subpoena must be made in the same 15
195+manner as a summons in a civil action in the superior court. 16
196+(b) The attorney general shall bring an action for forfeiture of an interest in 17
197+agricultural land held in violation of AS 34.87.050 in the judicial district in which the 18
198+agricultural land is located. The attorney general shall record in the recording district 19
199+in which the agricultural land is located a certificate containing the caption and case 20
200+number of the action and a description of the agricultural land. If the court finds that 21
201+an interest in agricultural land in the state is acquired, owned, or held in violation of 22
202+AS 34.87.050, the court may enter a judgment of forfeiture vesting title to the 23
203+agricultural land in the state, subject to any outstanding liens. The attorney general 24
204+shall record a certified copy of the court's judgment under this subsection in the 25
205+recording district in which the agricultural land is located. The following apply to a 26
206+forfeiture proceeding following the court's entering of a judgment of forfeiture under 27
207+this section: 28
208+(1) the attorney general shall, if warranted, request the court to appoint 29
209+a receiver to take over and manage the agricultural land before
210+ its sale; 30
211+(2) the attorney general, with the assistance of the Department of 31 34-LS0419\N
212+SB0139A -7- SB 139
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214-(1) the company would be able to directly or remotely access or 1
215-control the facility or a cybersecurity system related to the facility under the 2
216-agreement; and 3
217-(2) the company is 4
218-(A) owned by, or the majority of stock or other ownership 5
219-interest of the company is held or controlled by, 6
220-(i) persons who are citizens of a country designated by 7
221-the United States Secretary of Commerce as a foreign adversary under 8
222-15 C.F.R. 791.4; or 9
223-(ii) a company or other entity, including a governmental 10
224-entity, that is owned or controlled by citizens of, or is directly 11
225-controlled by the government of, a country designated by the United 12
226-States Secretary of Commerce as a foreign adversary under 15 C.F.R. 13
227-791.4; or 14
228-(B) headquartered in a country designated by the United States 15
229-Secretary of Commerce as a foreign adversary under 15 C.F.R. 791.4. 16
230-(b) This section applies to a company regardless of whether 17
231-(1) the company's securities, or the securities of its parent company, 18
232-are publicly traded; or 19
233-(2) the company or the company's parent company is listed on a public 20
234-stock exchange as a company headquartered in a country designated by the United 21
235-States Secretary of Commerce as a foreign adversary under 15 C.F.R. 791.4. 22
236-(c) In this section, 23
237-(1) "company" means a person, other than an individual, organized for 24
238-business or profit-making purposes; 25
239-(2) "critical infrastructure facility" 26
240-(A) includes 27
241-(i) a facility used for manufacturing, mineral 28
242-exploration, steel making, refining, hazardous waste, transmission and 29
243-storage of electricity, water treatment, communications, transportation, 30
244-or the storage or transport of oil, gas, or other minerals; 31 34-LS0419\I
245-SSSB 139 -8- SB0139B
215+Natural Resources, shall sell the land under AS 38.05; 1
216+(3) when the agricultural land is sold, the attorney general shall 2
217+disburse the proceeds of the sale to lienholders, in the order of priority determined by 3
218+the lienholders, except for liens that, under the terms of the judgment of forfeiture, are 4
219+to remain on the property; 5
220+(4) a lienholder may bid the lienholder's credit, in an amount that is not 6
221+more than the amount owed to the lienholder on the date of the sale, as determined by 7
222+the court in the judgment of forfeiture for the property; and 8
223+(5) no portion of the proceeds may be distributed to the person from 9
224+whom the agricultural land was forfeited, and all proceeds shall be deposited in the 10
225+general fund. 11
226+(c) A person may not be held civilly or criminally liable for failing to 12
227+determine or inquire whether another person is prohibited from acquiring or leasing 13
228+land under AS 34.87.050. 14
229+(d) Title to agricultural land may not be invalidated and agricultural land may 15
230+not be forfeited under this section because a prior owner or holder of the agricultural 16
231+land violated AS 34.87.040 or 34.87.050. 17
232+(e) A forfeiture under this section does not void, invalidate, or otherwise 18
233+extinguish any bona fide mortgage, lien, or other interest granted by, through, or under 19
234+the person from whom the land was forfeit. 20
235+Sec. 34.87.090. Definitions. In this chapter, 21
236+(1) "agricultural land" means land used for crop farming, timber 22
237+production, or pasture; 23
238+(2) "confined feeding operation" means the feeding of the following 24
239+animals in a confined space: 25
240+(A) at least 300 cattle; 26
241+(B) at least 600 swine or sheep; 27
242+(C) at least 30,000 fowl; or 28
243+(D) at least 500 horses; 29
244+(3) "crop farming" means the cultivation of land for the production of 30
245+plants or plant products that can be grown and harvested exclusively for profit or 31 34-LS0419\N
246+SB 139 -8- SB0139A
246247 New Text Underlined [DELETED TEXT BRACKETED]
247248
248-(ii) a dam or reservoir regulated by the Department of 1
249-Natural Resources, port, railway, railroad switching yard, or trucking 2
250-terminal; 3
251-(iii) a facility used by the industry or a utility; 4
252-(iv) a facility whose owner or operator is required to 5
253-submit a risk management plan under 42 U.S.C. 7412(r) (Chemical 6
254-Safety Information, Site Security and Fuels Regulatory Relief Act) or 7
255-that is regulated under United States Department of Homeland Security 8
256-Chemical Facility Anti-Terrorism Standards; and 9
257-(v) a military installation; 10
258-(B) does not include 11
259-(i) land, an easement, or a right-of-way that is not 12
260-completely enclosed, posted, and maintained by an electric or natural 13
261-gas utility; or 14
262-(ii) a railroad track that is not part of a railroad 15
263-switching yard; 16
264-(3) "cybersecurity system" means a system designed to protect a 17
265-computer, computer network, computer system, or other technology infrastructure 18
266-against unauthorized use or access; 19
267-(4) "military installation" has the meaning given in AS 34.87.010(d). 20
268- * Sec. 3. This Act takes effect July 1, 2025. 21
249+subsistence; 1
250+(4) "foreign business entity" includes 2
251+(A) a corporation, professional corporation, nonprofit 3
252+corporation, limited liability company, partnership, limited partnership that is 4
253+organized under the laws of another country, or similar entity; and 5
254+(B) an agent, trustee, or fiduciary of the entity. 6
255+ * Sec. 2. AS 45 is amended by adding a new chapter to read: 7
256+Chapter 46. Critical Infrastructure Agreements. 8
257+Sec. 45.46.010. Restrictions on critical infrastructure agreements with 9
258+certain companies. (a) A person, state agency, or political subdivision of the state 10
259+may not enter into an agreement relating to a critical infrastructure facility in the state 11
260+with a company if 12
261+(1) the company would be able to directly or remotely access or 13
262+control the facility or a cybersecurity system related to the facility under the 14
263+agreement; and 15
264+(2) the company is 16
265+(A) owned by, or the majority of stock or other ownership 17
266+interest of the company is held or controlled by 18
267+(i) persons who are citizens of The People's Republic of 19
268+China, the Islamic Republic of Iran, the Democratic People's Republic 20
269+of Korea, or the Russian Federation; or 21
270+(ii) a company or other entity, including a governmental 22
271+entity, that is owned or controlled by citizens of, or is directly 23
272+controlled by the government of, The People's Republic of China, the 24
273+Islamic Republic of Iran, the Democratic People's Republic of Korea, 25
274+or the Russian Federation; or 26
275+(B) headquartered in The People's Republic of China, the 27
276+Islamic Republic of Iran, the Democratic People's Republic of Korea, or the 28
277+Russian Federation. 29
278+(b) This section applies to a company regardless of whether 30
279+(1) the company's securities, or the securities of its parent company, 31 34-LS0419\N
280+SB0139A -9- SB 139
281+ New Text Underlined [DELETED TEXT BRACKETED]
282+
283+are publicly traded; or 1
284+(2) the company or the company's parent company is listed as a 2
285+Chinese, Iranian, North Korean, or Russian company on a public stock exchange. 3
286+(c) In this section, 4
287+(1) "company" means a person, other than an individual, organized for 5
288+business or profit-making purposes; 6
289+(2) "critical infrastructure facility" 7
290+(A) includes 8
291+(i) a facility used for manufacturing, mineral 9
292+exploration, steel making, refining, hazardous waste, transmission and 10
293+storage of electricity, water treatment, communications, transportation, 11
294+or the storage or transport of oil, gas, or other minerals; 12
295+(ii) a dam or reservoir regulated by the Department of 13
296+Natural Resources, port, railway, railroad switching yard, or trucking 14
297+terminal; 15
298+(iii) a facility used by the industry or a utility; 16
299+(iv) a facility whose owner or operator is required to 17
300+submit a risk management plan under 42 U.S.C. 7412(r) (Chemical 18
301+Safety Information, Site Security and Fuels Regulatory Relief Act) or 19
302+that is regulated under United States Department of Homeland Security 20
303+Chemical Facility Anti-Terrorism Standards; and 21
304+(v) a military installation; 22
305+(B) does not include 23
306+(i) land, an easement, or a right-of-way that is not 24
307+completely enclosed, posted, and maintained by an electric or natural 25
308+gas utility; or 26
309+(ii) a railroad track that is not part of a railroad 27
310+switching yard; 28
311+(3) "cybersecurity system" means a system designed to protect a 29
312+computer, computer network, computer system, or other technology infrastructure 30
313+against unauthorized use or access; 31 34-LS0419\N
314+SB 139 -10- SB0139A
315+ New Text Underlined [DELETED TEXT BRACKETED]
316+
317+(4) "military installation" has the meaning given in AS 34.87.010(d). 1
318+ * Sec. 3. This Act takes effect July 1, 2025. 2