Arizona 2023 2023 Regular Session

Arizona House Bill HR2002 Comm Sub / Analysis

Filed 04/28/2023

                      	HR 2002 
Initials PAB/AH 	Page 1 	Transmitted 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
House: LARA DP 8-1-0-0 | 3
rd
 Read 56-4-0-0 
 
HR2002: securing America's lands; foreign interference 
Sponsor: Representative Griffin, LD 19 
Transmitted to the Secretary of State 
Overview 
States that the Legislature requests congressional action to prohibit the of the sale of United 
States land to foreign investors. 
History 
Foreign Ownership of Private Agricultural Lands 
The Agricultural Foreign Investment Disclosure Act of 1978 requires all foreign persons to submit 
a report to the Secretary of Agriculture within 90 days of acquiring or transferring any interest 
(except for a security interest) in agricultural land. The report must include information about the 
foreign person involved in the transaction, the type of interest in the agricultural land acquired or 
transferred, a description of the land, future agricultural plans for the land and the purchase price 
(7 U.S.C. § 3501). These reports are transmitted to the appropriate state departments of 
agriculture (7 U.S.C. § 3505). Those who fail to submit an accurate report are subject to a civil 
penalty of up to 25 percent of the fair market value of the interest in the agricultural land involved 
in the violation (7 U.S.C. § 3502). 
According to the latest report on Foreign Holdings of U.S. Agricultural Land, foreign persons held 
an interest in about 40 million acres (or 3.1%) of all privately owned U.S. agricultural lands as of 
December 31, 2021. In Arizona, 295,876 acres (or 3.8%) of all privately owned agricultural land 
are held by foreign persons. 
Securing America's Land from Foreign Interference Act 
The Securing America's Land from Foreign Interference Act was introduced in the United States 
House of Representatives as H.R. 3487 in 2021. The bill directs the President of the United States 
to take all necessary actions to prohibit the purchase of public and private real estate in the United 
States by members of the Chinese Communist Party. 
This act was reintroduced as S. 4704 in 2022. In addition to requiring the President to prohibit the 
purchase of real estate by members of the Chinese Communist Party, this bill also prohibits 
foreign persons acting on the behalf of the Chinese Communist Party from completing land 
transactions in the United States. The bill also amends the Agricultural Foreign Investment 
Disclosure Act of 1978 by establishing a minimum civil penalty for failing to comply with the act's 
reporting requirements through misrepresenting personal information and/or information about 
the land being purchased. This minimum penalty is 10 percent of the interest in the agricultural 
land involved in the violation.  
Neither H.R. 3487 nor S. 4703 made it out of committee during the congressional session. 
 
 
    	HR 2002 
Initials PAB/AH 	Page 2 	Transmitted 
 
Provisions 
1. States that the Legislature requests congressional enactment of the Securing America's Land 
from Foreign Interference Act, or similar legislation, to prohibit the sale of United States land 
to foreign investors. (Sec. 1) 
2. Directs the Arizona Secretary of State to transmit copies of this resolution to the President of 
the United States, the President of the United States Senate, the Speaker of the United States 
House of Representatives and each member of Congress from the State of Arizona. (Sec. 1) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note