Amended IN Assembly March 01, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 475Introduced by Assembly Members Mathis and Quirk-SilvaFebruary 07, 2023 An 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 475, as amended, Mathis. Sensitive military land: foreign ownership and interests: foreign governments. 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 prohibit a foreign government prohibited foreign actor, as defined, from purchasing, acquiring, leasing, or holding an interest, as defined, in any land that is located within 50 miles of a United States military base or California National Guard base within the State of California. The bill would exempt land held by foreign governments a prohibited foreign actor before January 1, 2024, from that prohibition. The bill would provide that these provisions may not be applied in a manner inconsistent with any provision of any treaty between the United States and another country. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO 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. Foreign Governments 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 foreign government prohibited foreign actor actually directs the business and affairs of the entity without the requirement or consent of any other party.(b)Foreign government means a government or the state-controlled enterprise of a foreign government, except foreign government does not include the government of the United States, its states, territories, or possessions, or federally recognized tribes or their government units and enterprises.(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 business, government, or fiduciary from a country that is either of the following:(1) Designated as a nonmarket economy country pursuant to Section 771(18) of the Tariff Act of 1930 (19 U.S.C. Sec. 1677(18)).(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.(d)(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.(e)(f) State-controlled enterprise means a business enterprise, however denominated, in which the government has a controlling interest.747.5. (a) Notwithstanding any other law, on and after January 1, 2024, a foreign government prohibited foreign actor shall not purchase, acquire, lease, or hold any interest in sensitive land in the State of California.(b) This section does not apply to any interest in sensitive land held by a foreign government prohibited foreign actor before January 1, 2024.(c) This section does not apply to a federally recognized Indian tribe or its government units and enterprises.(d) A transfer of an interest in land in violation of this section is void.(e) This section shall not be applied in a manner inconsistent with any provision of any treaty between the United States and another country.
Amended IN Assembly March 01, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 475Introduced by Assembly Members Mathis and Quirk-SilvaFebruary 07, 2023 An 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 475, as amended, Mathis. Sensitive military land: foreign ownership and interests: foreign governments. 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 prohibit a foreign government prohibited foreign actor, as defined, from purchasing, acquiring, leasing, or holding an interest, as defined, in any land that is located within 50 miles of a United States military base or California National Guard base within the State of California. The bill would exempt land held by foreign governments a prohibited foreign actor before January 1, 2024, from that prohibition. The bill would provide that these provisions may not be applied in a manner inconsistent with any provision of any treaty between the United States and another country. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly March 01, 2023
Amended IN Assembly March 01, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 475
Introduced by Assembly Members Mathis and Quirk-SilvaFebruary 07, 2023
Introduced by Assembly Members Mathis and Quirk-Silva
February 07, 2023
An 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 DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 475, as amended, Mathis. Sensitive military land: foreign ownership and interests: foreign governments. 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 prohibit a foreign government prohibited foreign actor, as defined, from purchasing, acquiring, leasing, or holding an interest, as defined, in any land that is located within 50 miles of a United States military base or California National Guard base within the State of California. The bill would exempt land held by foreign governments a prohibited foreign actor before January 1, 2024, from that prohibition. The bill would provide that these provisions may not be applied in a manner inconsistent with any provision of any treaty between the United States and another country.
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 prohibit a foreign government prohibited foreign actor, as defined, from purchasing, acquiring, leasing, or holding an interest, as defined, in any land that is located within 50 miles of a United States military base or California National Guard base within the State of California. The bill would exempt land held by foreign governments a prohibited foreign actor before January 1, 2024, from that prohibition. The bill would provide that these provisions may not be applied in a manner inconsistent with any provision of any treaty between the United States and another country.
## Digest Key
## Bill Text
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. Foreign Governments 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 foreign government prohibited foreign actor actually directs the business and affairs of the entity without the requirement or consent of any other party.(b)Foreign government means a government or the state-controlled enterprise of a foreign government, except foreign government does not include the government of the United States, its states, territories, or possessions, or federally recognized tribes or their government units and enterprises.(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 business, government, or fiduciary from a country that is either of the following:(1) Designated as a nonmarket economy country pursuant to Section 771(18) of the Tariff Act of 1930 (19 U.S.C. Sec. 1677(18)).(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.(d)(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.(e)(f) State-controlled enterprise means a business enterprise, however denominated, in which the government has a controlling interest.747.5. (a) Notwithstanding any other law, on and after January 1, 2024, a foreign government prohibited foreign actor shall not purchase, acquire, lease, or hold any interest in sensitive land in the State of California.(b) This section does not apply to any interest in sensitive land held by a foreign government prohibited foreign actor before January 1, 2024.(c) This section does not apply to a federally recognized Indian tribe or its government units and enterprises.(d) A transfer of an interest in land in violation of this section is void.(e) This section shall not be applied in a manner inconsistent with any provision of any treaty between the United States and another country.
The people of the State of California do enact as follows:
## 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. Foreign Governments 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 foreign government prohibited foreign actor actually directs the business and affairs of the entity without the requirement or consent of any other party.(b)Foreign government means a government or the state-controlled enterprise of a foreign government, except foreign government does not include the government of the United States, its states, territories, or possessions, or federally recognized tribes or their government units and enterprises.(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 business, government, or fiduciary from a country that is either of the following:(1) Designated as a nonmarket economy country pursuant to Section 771(18) of the Tariff Act of 1930 (19 U.S.C. Sec. 1677(18)).(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.(d)(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.(e)(f) State-controlled enterprise means a business enterprise, however denominated, in which the government has a controlling interest.747.5. (a) Notwithstanding any other law, on and after January 1, 2024, a foreign government prohibited foreign actor shall not purchase, acquire, lease, or hold any interest in sensitive land in the State of California.(b) This section does not apply to any interest in sensitive land held by a foreign government prohibited foreign actor before January 1, 2024.(c) This section does not apply to a federally recognized Indian tribe or its government units and enterprises.(d) A transfer of an interest in land in violation of this section is void.(e) This section shall not be applied in a manner inconsistent with any provision of any treaty between the United States and another country.
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:
### SECTION 1.
CHAPTER 6. Foreign Governments 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 foreign government prohibited foreign actor actually directs the business and affairs of the entity without the requirement or consent of any other party.(b)Foreign government means a government or the state-controlled enterprise of a foreign government, except foreign government does not include the government of the United States, its states, territories, or possessions, or federally recognized tribes or their government units and enterprises.(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 business, government, or fiduciary from a country that is either of the following:(1) Designated as a nonmarket economy country pursuant to Section 771(18) of the Tariff Act of 1930 (19 U.S.C. Sec. 1677(18)).(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.(d)(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.(e)(f) State-controlled enterprise means a business enterprise, however denominated, in which the government has a controlling interest.747.5. (a) Notwithstanding any other law, on and after January 1, 2024, a foreign government prohibited foreign actor shall not purchase, acquire, lease, or hold any interest in sensitive land in the State of California.(b) This section does not apply to any interest in sensitive land held by a foreign government prohibited foreign actor before January 1, 2024.(c) This section does not apply to a federally recognized Indian tribe or its government units and enterprises.(d) A transfer of an interest in land in violation of this section is void.(e) This section shall not be applied in a manner inconsistent with any provision of any treaty between the United States and another country.
CHAPTER 6. Foreign Governments 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 foreign government prohibited foreign actor actually directs the business and affairs of the entity without the requirement or consent of any other party.(b)Foreign government means a government or the state-controlled enterprise of a foreign government, except foreign government does not include the government of the United States, its states, territories, or possessions, or federally recognized tribes or their government units and enterprises.(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 business, government, or fiduciary from a country that is either of the following:(1) Designated as a nonmarket economy country pursuant to Section 771(18) of the Tariff Act of 1930 (19 U.S.C. Sec. 1677(18)).(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.(d)(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.(e)(f) State-controlled enterprise means a business enterprise, however denominated, in which the government has a controlling interest.747.5. (a) Notwithstanding any other law, on and after January 1, 2024, a foreign government prohibited foreign actor shall not purchase, acquire, lease, or hold any interest in sensitive land in the State of California.(b) This section does not apply to any interest in sensitive land held by a foreign government prohibited foreign actor before January 1, 2024.(c) This section does not apply to a federally recognized Indian tribe or its government units and enterprises.(d) A transfer of an interest in land in violation of this section is void.(e) This section shall not be applied in a manner inconsistent with any provision of any treaty between the United States and another country.
CHAPTER 6. Foreign Governments Prohibited Foreign Actors and Property Ownership
CHAPTER 6. Foreign Governments Prohibited Foreign Actors and Property Ownership
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 foreign government prohibited foreign actor actually directs the business and affairs of the entity without the requirement or consent of any other party.(b)Foreign government means a government or the state-controlled enterprise of a foreign government, except foreign government does not include the government of the United States, its states, territories, or possessions, or federally recognized tribes or their government units and enterprises.(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 business, government, or fiduciary from a country that is either of the following:(1) Designated as a nonmarket economy country pursuant to Section 771(18) of the Tariff Act of 1930 (19 U.S.C. Sec. 1677(18)).(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.(d)(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.(e)(f) State-controlled enterprise means a business enterprise, however denominated, in which the government has a controlling interest.
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 foreign government prohibited foreign actor actually directs the business and affairs of the entity without the requirement or consent of any other party.
(b)Foreign government means a government or the state-controlled enterprise of a foreign government, except foreign government does not include the government of the United States, its states, territories, or possessions, or federally recognized tribes or their government units and enterprises.
(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 business, government, or fiduciary from a country that is either of the following:
(1) Designated as a nonmarket economy country pursuant to Section 771(18) of the Tariff Act of 1930 (19 U.S.C. Sec. 1677(18)).
(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.
(d)
(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.
(e)
(f) State-controlled enterprise means a business enterprise, however denominated, in which the government has a controlling interest.
747.5. (a) Notwithstanding any other law, on and after January 1, 2024, a foreign government prohibited foreign actor shall not purchase, acquire, lease, or hold any interest in sensitive land in the State of California.(b) This section does not apply to any interest in sensitive land held by a foreign government prohibited foreign actor before January 1, 2024.(c) This section does not apply to a federally recognized Indian tribe or its government units and enterprises.(d) A transfer of an interest in land in violation of this section is void.(e) This section shall not be applied in a manner inconsistent with any provision of any treaty between the United States and another country.
747.5. (a) Notwithstanding any other law, on and after January 1, 2024, a foreign government prohibited foreign actor shall not purchase, acquire, lease, or hold any interest in sensitive land in the State of California.
(b) This section does not apply to any interest in sensitive land held by a foreign government prohibited foreign actor before January 1, 2024.
(c) This section does not apply to a federally recognized Indian tribe or its government units and enterprises.
(d) A transfer of an interest in land in violation of this section is void.
(e) This section shall not be applied in a manner inconsistent with any provision of any treaty between the United States and another country.