| 1 | | - | Amended IN Assembly April 16, 2024 Amended IN Assembly March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2306Introduced by Assembly Member MathisFebruary 12, 2024An act to add and repeal Chapter 6 (commencing with Section 747) to 747.10) of Title 2 of Part 1 of Division 2 of the Civil Code, relating to property.LEGISLATIVE COUNSEL'S DIGESTAB 2306, as amended, Mathis. Sensitive military land: foreign ownership and interests: prohibited foreign actors.Existing law provides that all property has an owner, whether that owner is the state, and the property is public, or the owner is an individual, and the property is private. Existing law establishes the California National Guard and regulates the operation of that force. The United States Constitution authorizes Congress to provide for the common defense and general welfare of the United States.This bill would require the Military Department to develop a statewide policy recommendations regarding prohibited foreign actors owning ownership and use of real property on sensitive land, as specified. The bill would require the department to submit its recommendations to the Governor and the Legislature, as specified. The bill would repeal its provisions on January 1, 2026.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1.Chapter 6 (commencing with Section 747) is added to Title 2 of Part 1 of Division 2 of the Civil Code, to read:6.Prohibited Foreign Actors and Property Ownership747.SECTION 1. Chapter 6 (commencing with Section 747.10) is added to Title 2 of Part 1 of Division 2 of the Civil Code, to read: CHAPTER 6. Ownership of Sensitive Land747.10. For purposes of this chapter, the following definitions apply:(a) Controlling interest means either of the following:(1) Possession of 51 percent or more of the ownership interests in an entity.(2) A percentage ownership interest in an entity of less than 51 percent, if the prohibited foreign actor has the contractual right and power to direct the business and affairs of the entity without the requirement or consent of any other party.(b) Fiduciary means an agent, trustee, or any person acting in a fiduciary capacity for a business or government.(c) Interest means any estate, remainder, or reversion enumerated in Chapter 1 (commencing with Section 761) of Title 2 of Part 2, or portion of the estate, remainder, or reversion, or an option pursuant to which one party has a right to cause legal or equitable title to agricultural land to be transferred.(d) Prohibited foreign actor means a government, state-controlled enterprise, or fiduciary from a country that is either of the following:(1) Designated as a nonmarket economy country pursuant to paragraph 18 of Section 771 of the Tariff Act of 1930 (19 U.S.C. Sec. 1677).(2) Identified as a country that poses a risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to Section 108B of the National Security Act of 1947 (50 U.S.C. Sec. 3043b), commonly known as the Annual Threat Assessment.(e) Sensitive land means any land within the state that is located within 50 miles of a United States Military base or California National Guard base.(f) State-controlled enterprise means a business enterprise, however denominated, in which the government of another country has a controlling interest.747.5.(a)On or before January 1, 2026, the747.11. (a) The Military Department shall develop a statewide policy regarding prohibited foreign actors owning recommendations regarding ownership and use of real property on sensitive land.(b) In developing the statewide policy its recommendations, the Military Department shall consider the following:(1) The potential risk to national security posed by the ownership of sensitive land by a foreign actor and its representatives.(2) Use of the prohibited foreign actor designation to restrict ownership of sensitive land and the criteria used for that designation.(3) Ownership and use of sensitive land by another party, including, but not limited to, another foreign state, private interest, and nongovernmental organization.(1)(4) The potential impact on international trade and commerce. foreign relations.(2)(5) The economic impact to California-based businesses and the statewide economy, including potential job losses stemming from the policy.(3)(6) Whether or not the policy shall be made prospective or retroactive.(c) In developing the statewide policy, the Military Department shall consult with the following entities:(1) The United States Department of Defense.(2) The United States Department of State.(3) The United States Department of Commerce.(4) The United States Department of Labor.(5) The California Department of Justice.(6) At least ten county recorders from regionally diverse areas of the state.(d) (1) On or before December 31, 2025, the department shall submit its recommendations to the Governor, the Legislature, the Senate Committee on Military and Veterans Affairs, and the Assembly Committee on Military and Veterans Affairs.(2) The report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.747.12. This chapter shall remain in effect only until January 1, 2026, and as of that date is repealed. |
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| 1 | + | Amended IN Assembly March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2306Introduced by Assembly Member MathisFebruary 12, 2024An act to add Chapter 6 (commencing with Section 747) to Title 2 of Part 1 of Division 2 of the Civil Code, relating to property.LEGISLATIVE COUNSEL'S DIGESTAB 2306, as amended, Mathis. Sensitive military land: foreign ownership and interests: prohibited foreign actors.Existing law provides that all property has an owner, whether that owner is the state, and the property is public, or the owner is an individual, and the property is private. Existing law establishes the California National Guard and regulates the operation of that force. The United States Constitution authorizes Congress to provide for the common defense and general welfare of the United States.This bill would require the Military Department to develop a statewide policy regarding prohibited foreign actors owning property on sensitive land, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 6 (commencing with Section 747) is added to Title 2 of Part 1 of Division 2 of the Civil Code, to read: CHAPTER 6. Prohibited Foreign Actors and Property Ownership747. For purposes of this chapter, the following definitions apply:(a) Controlling interest means either of the following:(1) Possession of 51 percent or more of the ownership interests in an entity.(2) A percentage ownership interest in an entity of less than 51 percent, if the prohibited foreign actor has the contractual right and power to direct the business and affairs of the entity without the requirement or consent of any other party.(b) Fiduciary means an agent, trustee, or any person acting in a fiduciary capacity for a business or government.(c) Interest means any estate, remainder, or reversion enumerated in Chapter 1 (commencing with Section 761) of Title 2 of Part 2, or portion of the estate, remainder, or reversion, or an option pursuant to which one party has a right to cause legal or equitable title to agricultural land to be transferred.(d) Prohibited foreign actor means a government, state-controlled enterprise, or fiduciary from a country that is either of the following:(1) Designated as a nonmarket economy country pursuant to Section 771(18) paragraph 18 of Section 771 of the Tariff Act of 1930 (19 U.S.C. Sec. 1677(18)). 1677).(2) Identified as a country that poses a risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to Section 108B of the National Security Act of 1947 (50 U.S.C. Sec. 3043b), commonly known as the Annual Threat Assessment.(e) Sensitive land means any land within the state that is located within 50 miles of a United States Military base or California National Guard base.(f) State-controlled enterprise means a business enterprise, however denominated, in which the government of another country has a controlling interest.747.5. (a) On or before January 1, 2026, the Military Department shall develop a statewide policy regarding prohibited foreign actors owning property on sensitive land.(b) In developing the statewide policy the Military Department shall consider the following:(1) The impact on international trade and commerce.(2) The economic impact to California-based businesses and the statewide economy, including potential job losses stemming from the policy.(3) Whether or not the policy shall be made prospective or retroactive.(c) In developing the statewide policy, the Military Department shall consult with the following entities:(1) The United States Department of Defense.(2) The United States Department of State.(3) The United States Department of Commerce.(4) The United States Department of Labor.(5) The California Department of Justice.(6) At least ten county recorders from regionally diverse areas of the state. |
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| 3 | | - | Amended IN Assembly April 16, 2024 Amended IN Assembly March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2306Introduced by Assembly Member MathisFebruary 12, 2024An act to add and repeal Chapter 6 (commencing with Section 747) to 747.10) of Title 2 of Part 1 of Division 2 of the Civil Code, relating to property.LEGISLATIVE COUNSEL'S DIGESTAB 2306, as amended, Mathis. Sensitive military land: foreign ownership and interests: prohibited foreign actors.Existing law provides that all property has an owner, whether that owner is the state, and the property is public, or the owner is an individual, and the property is private. Existing law establishes the California National Guard and regulates the operation of that force. The United States Constitution authorizes Congress to provide for the common defense and general welfare of the United States.This bill would require the Military Department to develop a statewide policy recommendations regarding prohibited foreign actors owning ownership and use of real property on sensitive land, as specified. The bill would require the department to submit its recommendations to the Governor and the Legislature, as specified. The bill would repeal its provisions on January 1, 2026.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 3 | + | Amended IN Assembly March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2306Introduced by Assembly Member MathisFebruary 12, 2024An act to add Chapter 6 (commencing with Section 747) to Title 2 of Part 1 of Division 2 of the Civil Code, relating to property.LEGISLATIVE COUNSEL'S DIGESTAB 2306, as amended, Mathis. Sensitive military land: foreign ownership and interests: prohibited foreign actors.Existing law provides that all property has an owner, whether that owner is the state, and the property is public, or the owner is an individual, and the property is private. Existing law establishes the California National Guard and regulates the operation of that force. The United States Constitution authorizes Congress to provide for the common defense and general welfare of the United States.This bill would require the Military Department to develop a statewide policy regarding prohibited foreign actors owning property on sensitive land, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 39 | | - | The people of the State of California do enact as follows:SECTION 1.Chapter 6 (commencing with Section 747) is added to Title 2 of Part 1 of Division 2 of the Civil Code, to read:6.Prohibited Foreign Actors and Property Ownership747.SECTION 1. Chapter 6 (commencing with Section 747.10) is added to Title 2 of Part 1 of Division 2 of the Civil Code, to read: CHAPTER 6. Ownership of Sensitive Land747.10. For purposes of this chapter, the following definitions apply:(a) Controlling interest means either of the following:(1) Possession of 51 percent or more of the ownership interests in an entity.(2) A percentage ownership interest in an entity of less than 51 percent, if the prohibited foreign actor has the contractual right and power to direct the business and affairs of the entity without the requirement or consent of any other party.(b) Fiduciary means an agent, trustee, or any person acting in a fiduciary capacity for a business or government.(c) Interest means any estate, remainder, or reversion enumerated in Chapter 1 (commencing with Section 761) of Title 2 of Part 2, or portion of the estate, remainder, or reversion, or an option pursuant to which one party has a right to cause legal or equitable title to agricultural land to be transferred.(d) Prohibited foreign actor means a government, state-controlled enterprise, or fiduciary from a country that is either of the following:(1) Designated as a nonmarket economy country pursuant to paragraph 18 of Section 771 of the Tariff Act of 1930 (19 U.S.C. Sec. 1677).(2) Identified as a country that poses a risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to Section 108B of the National Security Act of 1947 (50 U.S.C. Sec. 3043b), commonly known as the Annual Threat Assessment.(e) Sensitive land means any land within the state that is located within 50 miles of a United States Military base or California National Guard base.(f) State-controlled enterprise means a business enterprise, however denominated, in which the government of another country has a controlling interest.747.5.(a)On or before January 1, 2026, the747.11. (a) The Military Department shall develop a statewide policy regarding prohibited foreign actors owning recommendations regarding ownership and use of real property on sensitive land.(b) In developing the statewide policy its recommendations, the Military Department shall consider the following:(1) The potential risk to national security posed by the ownership of sensitive land by a foreign actor and its representatives.(2) Use of the prohibited foreign actor designation to restrict ownership of sensitive land and the criteria used for that designation.(3) Ownership and use of sensitive land by another party, including, but not limited to, another foreign state, private interest, and nongovernmental organization.(1)(4) The potential impact on international trade and commerce. foreign relations.(2)(5) The economic impact to California-based businesses and the statewide economy, including potential job losses stemming from the policy.(3)(6) Whether or not the policy shall be made prospective or retroactive.(c) In developing the statewide policy, the Military Department shall consult with the following entities:(1) The United States Department of Defense.(2) The United States Department of State.(3) The United States Department of Commerce.(4) The United States Department of Labor.(5) The California Department of Justice.(6) At least ten county recorders from regionally diverse areas of the state.(d) (1) On or before December 31, 2025, the department shall submit its recommendations to the Governor, the Legislature, the Senate Committee on Military and Veterans Affairs, and the Assembly Committee on Military and Veterans Affairs.(2) The report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.747.12. This chapter shall remain in effect only until January 1, 2026, and as of that date is repealed. |
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| 38 | + | The people of the State of California do enact as follows:SECTION 1. Chapter 6 (commencing with Section 747) is added to Title 2 of Part 1 of Division 2 of the Civil Code, to read: CHAPTER 6. Prohibited Foreign Actors and Property Ownership747. For purposes of this chapter, the following definitions apply:(a) Controlling interest means either of the following:(1) Possession of 51 percent or more of the ownership interests in an entity.(2) A percentage ownership interest in an entity of less than 51 percent, if the prohibited foreign actor has the contractual right and power to direct the business and affairs of the entity without the requirement or consent of any other party.(b) Fiduciary means an agent, trustee, or any person acting in a fiduciary capacity for a business or government.(c) Interest means any estate, remainder, or reversion enumerated in Chapter 1 (commencing with Section 761) of Title 2 of Part 2, or portion of the estate, remainder, or reversion, or an option pursuant to which one party has a right to cause legal or equitable title to agricultural land to be transferred.(d) Prohibited foreign actor means a government, state-controlled enterprise, or fiduciary from a country that is either of the following:(1) Designated as a nonmarket economy country pursuant to Section 771(18) paragraph 18 of Section 771 of the Tariff Act of 1930 (19 U.S.C. Sec. 1677(18)). 1677).(2) Identified as a country that poses a risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to Section 108B of the National Security Act of 1947 (50 U.S.C. Sec. 3043b), commonly known as the Annual Threat Assessment.(e) Sensitive land means any land within the state that is located within 50 miles of a United States Military base or California National Guard base.(f) State-controlled enterprise means a business enterprise, however denominated, in which the government of another country has a controlling interest.747.5. (a) On or before January 1, 2026, the Military Department shall develop a statewide policy regarding prohibited foreign actors owning property on sensitive land.(b) In developing the statewide policy the Military Department shall consider the following:(1) The impact on international trade and commerce.(2) The economic impact to California-based businesses and the statewide economy, including potential job losses stemming from the policy.(3) Whether or not the policy shall be made prospective or retroactive.(c) In developing the statewide policy, the Military Department shall consult with the following entities:(1) The United States Department of Defense.(2) The United States Department of State.(3) The United States Department of Commerce.(4) The United States Department of Labor.(5) The California Department of Justice.(6) At least ten county recorders from regionally diverse areas of the state. |
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| 44 | + | SECTION 1. Chapter 6 (commencing with Section 747) is added to Title 2 of Part 1 of Division 2 of the Civil Code, to read: CHAPTER 6. Prohibited Foreign Actors and Property Ownership747. For purposes of this chapter, the following definitions apply:(a) Controlling interest means either of the following:(1) Possession of 51 percent or more of the ownership interests in an entity.(2) A percentage ownership interest in an entity of less than 51 percent, if the prohibited foreign actor has the contractual right and power to direct the business and affairs of the entity without the requirement or consent of any other party.(b) Fiduciary means an agent, trustee, or any person acting in a fiduciary capacity for a business or government.(c) Interest means any estate, remainder, or reversion enumerated in Chapter 1 (commencing with Section 761) of Title 2 of Part 2, or portion of the estate, remainder, or reversion, or an option pursuant to which one party has a right to cause legal or equitable title to agricultural land to be transferred.(d) Prohibited foreign actor means a government, state-controlled enterprise, or fiduciary from a country that is either of the following:(1) Designated as a nonmarket economy country pursuant to Section 771(18) paragraph 18 of Section 771 of the Tariff Act of 1930 (19 U.S.C. Sec. 1677(18)). 1677).(2) Identified as a country that poses a risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to Section 108B of the National Security Act of 1947 (50 U.S.C. Sec. 3043b), commonly known as the Annual Threat Assessment.(e) Sensitive land means any land within the state that is located within 50 miles of a United States Military base or California National Guard base.(f) State-controlled enterprise means a business enterprise, however denominated, in which the government of another country has a controlling interest.747.5. (a) On or before January 1, 2026, the Military Department shall develop a statewide policy regarding prohibited foreign actors owning property on sensitive land.(b) In developing the statewide policy the Military Department shall consider the following:(1) The impact on international trade and commerce.(2) The economic impact to California-based businesses and the statewide economy, including potential job losses stemming from the policy.(3) Whether or not the policy shall be made prospective or retroactive.(c) In developing the statewide policy, the Military Department shall consult with the following entities:(1) The United States Department of Defense.(2) The United States Department of State.(3) The United States Department of Commerce.(4) The United States Department of Labor.(5) The California Department of Justice.(6) At least ten county recorders from regionally diverse areas of the state. |
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| 46 | + | SECTION 1. Chapter 6 (commencing with Section 747) is added to Title 2 of Part 1 of Division 2 of the Civil Code, to read: |
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| 48 | + | ### SECTION 1. |
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| 50 | + | CHAPTER 6. Prohibited Foreign Actors and Property Ownership747. For purposes of this chapter, the following definitions apply:(a) Controlling interest means either of the following:(1) Possession of 51 percent or more of the ownership interests in an entity.(2) A percentage ownership interest in an entity of less than 51 percent, if the prohibited foreign actor has the contractual right and power to direct the business and affairs of the entity without the requirement or consent of any other party.(b) Fiduciary means an agent, trustee, or any person acting in a fiduciary capacity for a business or government.(c) Interest means any estate, remainder, or reversion enumerated in Chapter 1 (commencing with Section 761) of Title 2 of Part 2, or portion of the estate, remainder, or reversion, or an option pursuant to which one party has a right to cause legal or equitable title to agricultural land to be transferred.(d) Prohibited foreign actor means a government, state-controlled enterprise, or fiduciary from a country that is either of the following:(1) Designated as a nonmarket economy country pursuant to Section 771(18) paragraph 18 of Section 771 of the Tariff Act of 1930 (19 U.S.C. Sec. 1677(18)). 1677).(2) Identified as a country that poses a risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to Section 108B of the National Security Act of 1947 (50 U.S.C. Sec. 3043b), commonly known as the Annual Threat Assessment.(e) Sensitive land means any land within the state that is located within 50 miles of a United States Military base or California National Guard base.(f) State-controlled enterprise means a business enterprise, however denominated, in which the government of another country has a controlling interest.747.5. (a) On or before January 1, 2026, the Military Department shall develop a statewide policy regarding prohibited foreign actors owning property on sensitive land.(b) In developing the statewide policy the Military Department shall consider the following:(1) The impact on international trade and commerce.(2) The economic impact to California-based businesses and the statewide economy, including potential job losses stemming from the policy.(3) Whether or not the policy shall be made prospective or retroactive.(c) In developing the statewide policy, the Military Department shall consult with the following entities:(1) The United States Department of Defense.(2) The United States Department of State.(3) The United States Department of Commerce.(4) The United States Department of Labor.(5) The California Department of Justice.(6) At least ten county recorders from regionally diverse areas of the state. |
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| 52 | + | CHAPTER 6. Prohibited Foreign Actors and Property Ownership747. For purposes of this chapter, the following definitions apply:(a) Controlling interest means either of the following:(1) Possession of 51 percent or more of the ownership interests in an entity.(2) A percentage ownership interest in an entity of less than 51 percent, if the prohibited foreign actor has the contractual right and power to direct the business and affairs of the entity without the requirement or consent of any other party.(b) Fiduciary means an agent, trustee, or any person acting in a fiduciary capacity for a business or government.(c) Interest means any estate, remainder, or reversion enumerated in Chapter 1 (commencing with Section 761) of Title 2 of Part 2, or portion of the estate, remainder, or reversion, or an option pursuant to which one party has a right to cause legal or equitable title to agricultural land to be transferred.(d) Prohibited foreign actor means a government, state-controlled enterprise, or fiduciary from a country that is either of the following:(1) Designated as a nonmarket economy country pursuant to Section 771(18) paragraph 18 of Section 771 of the Tariff Act of 1930 (19 U.S.C. Sec. 1677(18)). 1677).(2) Identified as a country that poses a risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to Section 108B of the National Security Act of 1947 (50 U.S.C. Sec. 3043b), commonly known as the Annual Threat Assessment.(e) Sensitive land means any land within the state that is located within 50 miles of a United States Military base or California National Guard base.(f) State-controlled enterprise means a business enterprise, however denominated, in which the government of another country has a controlling interest.747.5. (a) On or before January 1, 2026, the Military Department shall develop a statewide policy regarding prohibited foreign actors owning property on sensitive land.(b) In developing the statewide policy the Military Department shall consider the following:(1) The impact on international trade and commerce.(2) The economic impact to California-based businesses and the statewide economy, including potential job losses stemming from the policy.(3) Whether or not the policy shall be made prospective or retroactive.(c) In developing the statewide policy, the Military Department shall consult with the following entities:(1) The United States Department of Defense.(2) The United States Department of State.(3) The United States Department of Commerce.(4) The United States Department of Labor.(5) The California Department of Justice.(6) At least ten county recorders from regionally diverse areas of the state. |
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| 54 | + | CHAPTER 6. Prohibited Foreign Actors and Property Ownership |
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| 56 | + | CHAPTER 6. Prohibited Foreign Actors and Property Ownership |
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| 58 | + | 747. For purposes of this chapter, the following definitions apply:(a) Controlling interest means either of the following:(1) Possession of 51 percent or more of the ownership interests in an entity.(2) A percentage ownership interest in an entity of less than 51 percent, if the prohibited foreign actor has the contractual right and power to direct the business and affairs of the entity without the requirement or consent of any other party.(b) Fiduciary means an agent, trustee, or any person acting in a fiduciary capacity for a business or government.(c) Interest means any estate, remainder, or reversion enumerated in Chapter 1 (commencing with Section 761) of Title 2 of Part 2, or portion of the estate, remainder, or reversion, or an option pursuant to which one party has a right to cause legal or equitable title to agricultural land to be transferred.(d) Prohibited foreign actor means a government, state-controlled enterprise, or fiduciary from a country that is either of the following:(1) Designated as a nonmarket economy country pursuant to Section 771(18) paragraph 18 of Section 771 of the Tariff Act of 1930 (19 U.S.C. Sec. 1677(18)). 1677).(2) Identified as a country that poses a risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to Section 108B of the National Security Act of 1947 (50 U.S.C. Sec. 3043b), commonly known as the Annual Threat Assessment.(e) Sensitive land means any land within the state that is located within 50 miles of a United States Military base or California National Guard base.(f) State-controlled enterprise means a business enterprise, however denominated, in which the government of another country has a controlling interest. |
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| 51 | | - | SECTION 1. Chapter 6 (commencing with Section 747.10) is added to Title 2 of Part 1 of Division 2 of the Civil Code, to read: CHAPTER 6. Ownership of Sensitive Land747.10. For purposes of this chapter, the following definitions apply:(a) Controlling interest means either of the following:(1) Possession of 51 percent or more of the ownership interests in an entity.(2) A percentage ownership interest in an entity of less than 51 percent, if the prohibited foreign actor has the contractual right and power to direct the business and affairs of the entity without the requirement or consent of any other party.(b) Fiduciary means an agent, trustee, or any person acting in a fiduciary capacity for a business or government.(c) Interest means any estate, remainder, or reversion enumerated in Chapter 1 (commencing with Section 761) of Title 2 of Part 2, or portion of the estate, remainder, or reversion, or an option pursuant to which one party has a right to cause legal or equitable title to agricultural land to be transferred.(d) Prohibited foreign actor means a government, state-controlled enterprise, or fiduciary from a country that is either of the following:(1) Designated as a nonmarket economy country pursuant to paragraph 18 of Section 771 of the Tariff Act of 1930 (19 U.S.C. Sec. 1677).(2) Identified as a country that poses a risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to Section 108B of the National Security Act of 1947 (50 U.S.C. Sec. 3043b), commonly known as the Annual Threat Assessment.(e) Sensitive land means any land within the state that is located within 50 miles of a United States Military base or California National Guard base.(f) State-controlled enterprise means a business enterprise, however denominated, in which the government of another country has a controlling interest.747.5.(a)On or before January 1, 2026, the747.11. (a) The Military Department shall develop a statewide policy regarding prohibited foreign actors owning recommendations regarding ownership and use of real property on sensitive land.(b) In developing the statewide policy its recommendations, the Military Department shall consider the following:(1) The potential risk to national security posed by the ownership of sensitive land by a foreign actor and its representatives.(2) Use of the prohibited foreign actor designation to restrict ownership of sensitive land and the criteria used for that designation.(3) Ownership and use of sensitive land by another party, including, but not limited to, another foreign state, private interest, and nongovernmental organization.(1)(4) The potential impact on international trade and commerce. foreign relations.(2)(5) The economic impact to California-based businesses and the statewide economy, including potential job losses stemming from the policy.(3)(6) Whether or not the policy shall be made prospective or retroactive.(c) In developing the statewide policy, the Military Department shall consult with the following entities:(1) The United States Department of Defense.(2) The United States Department of State.(3) The United States Department of Commerce.(4) The United States Department of Labor.(5) The California Department of Justice.(6) At least ten county recorders from regionally diverse areas of the state.(d) (1) On or before December 31, 2025, the department shall submit its recommendations to the Governor, the Legislature, the Senate Committee on Military and Veterans Affairs, and the Assembly Committee on Military and Veterans Affairs.(2) The report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.747.12. This chapter shall remain in effect only until January 1, 2026, and as of that date is repealed. |
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| 53 | | - | SECTION 1. Chapter 6 (commencing with Section 747.10) is added to Title 2 of Part 1 of Division 2 of the Civil Code, to read: |
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| 55 | | - | ### SECTION 1. |
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| 57 | | - | CHAPTER 6. Ownership of Sensitive Land747.10. For purposes of this chapter, the following definitions apply:(a) Controlling interest means either of the following:(1) Possession of 51 percent or more of the ownership interests in an entity.(2) A percentage ownership interest in an entity of less than 51 percent, if the prohibited foreign actor has the contractual right and power to direct the business and affairs of the entity without the requirement or consent of any other party.(b) Fiduciary means an agent, trustee, or any person acting in a fiduciary capacity for a business or government.(c) Interest means any estate, remainder, or reversion enumerated in Chapter 1 (commencing with Section 761) of Title 2 of Part 2, or portion of the estate, remainder, or reversion, or an option pursuant to which one party has a right to cause legal or equitable title to agricultural land to be transferred.(d) Prohibited foreign actor means a government, state-controlled enterprise, or fiduciary from a country that is either of the following:(1) Designated as a nonmarket economy country pursuant to paragraph 18 of Section 771 of the Tariff Act of 1930 (19 U.S.C. Sec. 1677).(2) Identified as a country that poses a risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to Section 108B of the National Security Act of 1947 (50 U.S.C. Sec. 3043b), commonly known as the Annual Threat Assessment.(e) Sensitive land means any land within the state that is located within 50 miles of a United States Military base or California National Guard base.(f) State-controlled enterprise means a business enterprise, however denominated, in which the government of another country has a controlling interest.747.5.(a)On or before January 1, 2026, the747.11. (a) The Military Department shall develop a statewide policy regarding prohibited foreign actors owning recommendations regarding ownership and use of real property on sensitive land.(b) In developing the statewide policy its recommendations, the Military Department shall consider the following:(1) The potential risk to national security posed by the ownership of sensitive land by a foreign actor and its representatives.(2) Use of the prohibited foreign actor designation to restrict ownership of sensitive land and the criteria used for that designation.(3) Ownership and use of sensitive land by another party, including, but not limited to, another foreign state, private interest, and nongovernmental organization.(1)(4) The potential impact on international trade and commerce. foreign relations.(2)(5) The economic impact to California-based businesses and the statewide economy, including potential job losses stemming from the policy.(3)(6) Whether or not the policy shall be made prospective or retroactive.(c) In developing the statewide policy, the Military Department shall consult with the following entities:(1) The United States Department of Defense.(2) The United States Department of State.(3) The United States Department of Commerce.(4) The United States Department of Labor.(5) The California Department of Justice.(6) At least ten county recorders from regionally diverse areas of the state.(d) (1) On or before December 31, 2025, the department shall submit its recommendations to the Governor, the Legislature, the Senate Committee on Military and Veterans Affairs, and the Assembly Committee on Military and Veterans Affairs.(2) The report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.747.12. This chapter shall remain in effect only until January 1, 2026, and as of that date is repealed. |
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| 59 | | - | CHAPTER 6. Ownership of Sensitive Land747.10. For purposes of this chapter, the following definitions apply:(a) Controlling interest means either of the following:(1) Possession of 51 percent or more of the ownership interests in an entity.(2) A percentage ownership interest in an entity of less than 51 percent, if the prohibited foreign actor has the contractual right and power to direct the business and affairs of the entity without the requirement or consent of any other party.(b) Fiduciary means an agent, trustee, or any person acting in a fiduciary capacity for a business or government.(c) Interest means any estate, remainder, or reversion enumerated in Chapter 1 (commencing with Section 761) of Title 2 of Part 2, or portion of the estate, remainder, or reversion, or an option pursuant to which one party has a right to cause legal or equitable title to agricultural land to be transferred.(d) Prohibited foreign actor means a government, state-controlled enterprise, or fiduciary from a country that is either of the following:(1) Designated as a nonmarket economy country pursuant to paragraph 18 of Section 771 of the Tariff Act of 1930 (19 U.S.C. Sec. 1677).(2) Identified as a country that poses a risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to Section 108B of the National Security Act of 1947 (50 U.S.C. Sec. 3043b), commonly known as the Annual Threat Assessment.(e) Sensitive land means any land within the state that is located within 50 miles of a United States Military base or California National Guard base.(f) State-controlled enterprise means a business enterprise, however denominated, in which the government of another country has a controlling interest.747.5.(a)On or before January 1, 2026, the747.11. (a) The Military Department shall develop a statewide policy regarding prohibited foreign actors owning recommendations regarding ownership and use of real property on sensitive land.(b) In developing the statewide policy its recommendations, the Military Department shall consider the following:(1) The potential risk to national security posed by the ownership of sensitive land by a foreign actor and its representatives.(2) Use of the prohibited foreign actor designation to restrict ownership of sensitive land and the criteria used for that designation.(3) Ownership and use of sensitive land by another party, including, but not limited to, another foreign state, private interest, and nongovernmental organization.(1)(4) The potential impact on international trade and commerce. foreign relations.(2)(5) The economic impact to California-based businesses and the statewide economy, including potential job losses stemming from the policy.(3)(6) Whether or not the policy shall be made prospective or retroactive.(c) In developing the statewide policy, the Military Department shall consult with the following entities:(1) The United States Department of Defense.(2) The United States Department of State.(3) The United States Department of Commerce.(4) The United States Department of Labor.(5) The California Department of Justice.(6) At least ten county recorders from regionally diverse areas of the state.(d) (1) On or before December 31, 2025, the department shall submit its recommendations to the Governor, the Legislature, the Senate Committee on Military and Veterans Affairs, and the Assembly Committee on Military and Veterans Affairs.(2) The report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.747.12. This chapter shall remain in effect only until January 1, 2026, and as of that date is repealed. |
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| 61 | | - | CHAPTER 6. Ownership of Sensitive Land |
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| 62 | | - | |
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| 63 | | - | CHAPTER 6. Ownership of Sensitive Land |
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| 64 | | - | |
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| 65 | | - | 747.10. For purposes of this chapter, the following definitions apply:(a) Controlling interest means either of the following:(1) Possession of 51 percent or more of the ownership interests in an entity.(2) A percentage ownership interest in an entity of less than 51 percent, if the prohibited foreign actor has the contractual right and power to direct the business and affairs of the entity without the requirement or consent of any other party.(b) Fiduciary means an agent, trustee, or any person acting in a fiduciary capacity for a business or government.(c) Interest means any estate, remainder, or reversion enumerated in Chapter 1 (commencing with Section 761) of Title 2 of Part 2, or portion of the estate, remainder, or reversion, or an option pursuant to which one party has a right to cause legal or equitable title to agricultural land to be transferred.(d) Prohibited foreign actor means a government, state-controlled enterprise, or fiduciary from a country that is either of the following:(1) Designated as a nonmarket economy country pursuant to paragraph 18 of Section 771 of the Tariff Act of 1930 (19 U.S.C. Sec. 1677).(2) Identified as a country that poses a risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to Section 108B of the National Security Act of 1947 (50 U.S.C. Sec. 3043b), commonly known as the Annual Threat Assessment.(e) Sensitive land means any land within the state that is located within 50 miles of a United States Military base or California National Guard base.(f) State-controlled enterprise means a business enterprise, however denominated, in which the government of another country has a controlling interest. |
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| 67 | | - | |
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| 68 | | - | |
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| 69 | | - | 747.10. For purposes of this chapter, the following definitions apply: |
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| 62 | + | 747. For purposes of this chapter, the following definitions apply: |
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| 70 | 63 | | |
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| 71 | 64 | | (a) Controlling interest means either of the following: |
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| 72 | 65 | | |
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| 73 | 66 | | (1) Possession of 51 percent or more of the ownership interests in an entity. |
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| 74 | 67 | | |
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| 75 | 68 | | (2) A percentage ownership interest in an entity of less than 51 percent, if the prohibited foreign actor has the contractual right and power to direct the business and affairs of the entity without the requirement or consent of any other party. |
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| 76 | 69 | | |
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| 77 | 70 | | (b) Fiduciary means an agent, trustee, or any person acting in a fiduciary capacity for a business or government. |
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| 78 | 71 | | |
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| 79 | 72 | | (c) Interest means any estate, remainder, or reversion enumerated in Chapter 1 (commencing with Section 761) of Title 2 of Part 2, or portion of the estate, remainder, or reversion, or an option pursuant to which one party has a right to cause legal or equitable title to agricultural land to be transferred. |
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| 80 | 73 | | |
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| 81 | 74 | | (d) Prohibited foreign actor means a government, state-controlled enterprise, or fiduciary from a country that is either of the following: |
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| 82 | 75 | | |
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| 103 | | - | (b) In developing the statewide policy its recommendations, the Military Department shall consider the following: |
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| 104 | | - | |
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| 105 | | - | (1) The potential risk to national security posed by the ownership of sensitive land by a foreign actor and its representatives. |
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| 106 | | - | |
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| 107 | | - | (2) Use of the prohibited foreign actor designation to restrict ownership of sensitive land and the criteria used for that designation. |
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| 108 | | - | |
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| 109 | | - | (3) Ownership and use of sensitive land by another party, including, but not limited to, another foreign state, private interest, and nongovernmental organization. |
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| 111 | | - | (1) |
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| 112 | | - | |
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| 113 | | - | |
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| 114 | | - | |
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| 115 | | - | (4) The potential impact on international trade and commerce. foreign relations. |
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| 116 | | - | |
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| 117 | | - | (2) |
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| 118 | | - | |
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| 119 | | - | |
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| 120 | | - | |
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| 121 | | - | (5) The economic impact to California-based businesses and the statewide economy, including potential job losses stemming from the policy. |
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| 122 | | - | |
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| 123 | | - | (3) |
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| 124 | | - | |
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| 125 | | - | |
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| 126 | | - | |
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| 127 | | - | (6) Whether or not the policy shall be made prospective or retroactive. |
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| 96 | + | (3) Whether or not the policy shall be made prospective or retroactive. |
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