| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | 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. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | 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 | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 01, 2023 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly March 15, 2023 | |
| 8 | 7 | Amended IN Assembly March 01, 2023 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 475 | |
| 15 | 14 | ||
| 16 | - | Introduced by Assembly Members Mathis and Quirk- | |
| 15 | + | Introduced by Assembly Members Mathis and Quirk-SilvaFebruary 07, 2023 | |
| 17 | 16 | ||
| 18 | - | Introduced by Assembly Members Mathis and Quirk-Silva | |
| 17 | + | Introduced by Assembly Members Mathis and Quirk-Silva | |
| 19 | 18 | February 07, 2023 | |
| 20 | 19 | ||
| 21 | 20 | 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. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 475, as amended, Mathis. Sensitive military land: foreign ownership and interests: prohibited foreign actors. | |
| 26 | + | AB 475, as amended, Mathis. Sensitive military land: foreign ownership and interests: foreign governments. prohibited foreign actors. | |
| 28 | 27 | ||
| 29 | - | 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 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 a prohibited foreign actor before January 1, 2024, from that prohibition | |
| 28 | + | 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. | |
| 30 | 29 | ||
| 31 | 30 | 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. | |
| 32 | 31 | ||
| 33 | - | This bill would prohibit a 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 a prohibited foreign actor before January 1, 2024, from that prohibition | |
| 32 | + | 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. | |
| 34 | 33 | ||
| 35 | 34 | ## Digest Key | |
| 36 | 35 | ||
| 37 | 36 | ## Bill Text | |
| 38 | 37 | ||
| 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: 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 actually directs | |
| 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. 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. | |
| 40 | 39 | ||
| 41 | 40 | The people of the State of California do enact as follows: | |
| 42 | 41 | ||
| 43 | 42 | ## The people of the State of California do enact as follows: | |
| 44 | 43 | ||
| 45 | - | 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 actually directs | |
| 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. 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. | |
| 46 | 45 | ||
| 47 | 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: | |
| 48 | 47 | ||
| 49 | 48 | ### SECTION 1. | |
| 50 | 49 | ||
| 51 | - | 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 actually directs | |
| 50 | + | 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. | |
| 52 | 51 | ||
| 53 | - | 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 actually directs | |
| 52 | + | 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. | |
| 54 | 53 | ||
| 55 | - | CHAPTER 6. Prohibited Foreign Actors and Property Ownership | |
| 54 | + | CHAPTER 6. Foreign Governments Prohibited Foreign Actors and Property Ownership | |
| 56 | 55 | ||
| 57 | - | CHAPTER 6. Prohibited Foreign Actors and Property Ownership | |
| 56 | + | CHAPTER 6. Foreign Governments Prohibited Foreign Actors and Property Ownership | |
| 58 | 57 | ||
| 59 | - | 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 actually directs | |
| 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 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. | |
| 60 | 59 | ||
| 61 | 60 | ||
| 62 | 61 | ||
| 63 | 62 | 747. For purposes of this chapter, the following definitions apply: | |
| 64 | 63 | ||
| 65 | 64 | (a) Controlling interest means either of the following: | |
| 66 | 65 | ||
| 67 | 66 | (1) Possession of 51 percent or more of the ownership interests in an entity. | |
| 68 | 67 | ||
| 69 | - | (2) A percentage ownership interest in an entity of less than 51 percent, if the prohibited foreign actor actually directs has the contractual right and power to direct the business and affairs of the entity without the requirement or consent of any other party. | |
| 68 | + | (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. | |
| 69 | + | ||
| 70 | + | (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. | |
| 71 | + | ||
| 72 | + | ||
| 70 | 73 | ||
| 71 | 74 | (b) Fiduciary means an agent, trustee, or any person acting in a fiduciary capacity for a business or government. | |
| 72 | 75 | ||
| 73 | 76 | (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. | |
| 74 | 77 | ||
| 75 | - | (d) Prohibited foreign actor means a business, government | |
| 78 | + | (d) Prohibited foreign actor means a business, government, or fiduciary from a country that is either of the following: | |
| 76 | 79 | ||
| 77 | 80 | (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)). | |
| 78 | 81 | ||
| 79 | 82 | (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. | |
| 80 | 83 | ||
| 81 | - | (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. | |
| 82 | - | ||
| 83 | - | (f) State-controlled enterprise means a business enterprise, however denominated, in which the government of another country has a controlling interest. | |
| 84 | - | ||
| 85 | - | 747.5. (a) Notwithstanding any other law, on and after January 1, 2024, a 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 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. shall be subject to divestiture pursuant to Section 747.6.(e) This section shall not be applied in a manner inconsistent with any provision of any treaty between the United States and another country. | |
| 84 | + | (d) | |
| 86 | 85 | ||
| 87 | 86 | ||
| 88 | 87 | ||
| 89 | - | ||
| 88 | + | (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. | |
| 90 | 89 | ||
| 91 | - | (b) This section does not apply to any interest in sensitive land held by a prohibited foreign actor before January 1, 2024. | |
| 90 | + | (e) | |
| 91 | + | ||
| 92 | + | ||
| 93 | + | ||
| 94 | + | (f) State-controlled enterprise means a business enterprise, however denominated, in which the government has a controlling interest. | |
| 95 | + | ||
| 96 | + | 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. | |
| 97 | + | ||
| 98 | + | ||
| 99 | + | ||
| 100 | + | 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. | |
| 101 | + | ||
| 102 | + | (b) This section does not apply to any interest in sensitive land held by a foreign government prohibited foreign actor before January 1, 2024. | |
| 92 | 103 | ||
| 93 | 104 | (c) This section does not apply to a federally recognized Indian tribe or its government units and enterprises. | |
| 94 | 105 | ||
| 95 | - | (d) A transfer of an interest in land in violation of this section is void. | |
| 106 | + | (d) A transfer of an interest in land in violation of this section is void. | |
| 96 | 107 | ||
| 97 | 108 | (e) This section shall not be applied in a manner inconsistent with any provision of any treaty between the United States and another country. | |
| 98 | - | ||
| 99 | - | 747.6. (a) The Attorney General, upon the request of any person or upon receipt of any information which leads the Attorney General to believe that a violation of Section 747.5 may have occurred, may issue subpoenas requiring the appearance of witnesses, the production of relevant records and the giving of relevant testimony.(b) (1) If after examining the evidence, the Attorney General concludes that a violation of Section 747.5 has occurred, the Attorney General shall order the prohibited foreign actor to divest itself of all interests in the land within 90 days after service of the order upon the foreign actor.(2) The order of divestiture, described in paragraph (1), shall be served personally or by mail.(c) (1) If the holder of the interest that is ordered to be divested disputes the determination of the Attorney General that a violation of Section 747.5 occurred, the holder may submit a written request for a judicial determination to the Attorney General.(2) The written request, described in paragraph (1), shall be delivered to the Attorney General within 60 days after service of the order of divestiture. If no written request is received within this time, the determination of the Attorney General shall become final.(d) (1) If the prohibited foreign actor fails to divest itself of all interests pursuant to subdivision (b), or if a holder of the interest submits a written request pursuant to subdivision (c), the Attorney General shall bring an action to divest the interest.(2) Venue for the action, described in paragraph (1), shall either be the County of Sacramento or a county where a portion of the land is located, as determined by the Attorney General.(3) The Attorney General shall record with the county recorder of each county in which any portion of the land is located a notice of pendency of the action pursuant to Title 4.5 (commencing with Section 405) of Part 2 of the Code of Civil Procedure.(e) If the holder of the interest in land has submitted a written request pursuant to subdivision (c), the court shall conduct an evidentiary hearing to determine, by a preponderance of the evidence, if a violation of Section 747.5 occurred, prior to taking any other action. If the court determines that there has been no violation, the court shall dismiss the action and expunge the notice of pending action.(f) (1) If the court determines that a violation of Section 747.5 occurred, the court shall order that the land be sold. Unless the court determines for good cause that another procedure for conducting the sale is appropriate, the court shall appoint a referee pursuant to Article 1 (commencing with Section 873.010) of Chapter 4 of Title 10.5 of Part 2 of the Code of Civil Procedure.(2) The referee shall make a sale of the property and convey the interest to the purchaser.(3) The proceeds from the sale shall be distributed in the following order:(A) The payment of authorized costs of the sale, including all approved fees and expenses of the referee and any taxes and assessments due.(B) The payment, in an amount approved by the court, to the Attorney General for reimbursement of investigation and litigation costs and expenses.(C) The payment to lien holders who did not have actual knowledge of a violation of Section 747.5 in their order of priority, except for liens which under the terms of the sale are to remain on the property.(D) The payment of penalty, in an amount determined by the court, not to exceed 10 percent of the sales price of the property, to be paid to the fund designated by the Attorney General for enforcement of this chapter.(E) The payment to any lien holders not included in subparagraph (C) in their order of priority.(F) All remaining proceeds to the prohibited foreign actor, payable to the person or entity that held the interest.(g) A title to sensitive land shall not be invalid or subject to divestiture by reason of a violation of Section 747.5 by any former owner or other person holding or owning a former interest in the sensitive land. | |
| 100 | - | ||
| 101 | - | ||
| 102 | - | ||
| 103 | - | 747.6. (a) The Attorney General, upon the request of any person or upon receipt of any information which leads the Attorney General to believe that a violation of Section 747.5 may have occurred, may issue subpoenas requiring the appearance of witnesses, the production of relevant records and the giving of relevant testimony. | |
| 104 | - | ||
| 105 | - | (b) (1) If after examining the evidence, the Attorney General concludes that a violation of Section 747.5 has occurred, the Attorney General shall order the prohibited foreign actor to divest itself of all interests in the land within 90 days after service of the order upon the foreign actor. | |
| 106 | - | ||
| 107 | - | (2) The order of divestiture, described in paragraph (1), shall be served personally or by mail. | |
| 108 | - | ||
| 109 | - | (c) (1) If the holder of the interest that is ordered to be divested disputes the determination of the Attorney General that a violation of Section 747.5 occurred, the holder may submit a written request for a judicial determination to the Attorney General. | |
| 110 | - | ||
| 111 | - | (2) The written request, described in paragraph (1), shall be delivered to the Attorney General within 60 days after service of the order of divestiture. If no written request is received within this time, the determination of the Attorney General shall become final. | |
| 112 | - | ||
| 113 | - | (d) (1) If the prohibited foreign actor fails to divest itself of all interests pursuant to subdivision (b), or if a holder of the interest submits a written request pursuant to subdivision (c), the Attorney General shall bring an action to divest the interest. | |
| 114 | - | ||
| 115 | - | (2) Venue for the action, described in paragraph (1), shall either be the County of Sacramento or a county where a portion of the land is located, as determined by the Attorney General. | |
| 116 | - | ||
| 117 | - | (3) The Attorney General shall record with the county recorder of each county in which any portion of the land is located a notice of pendency of the action pursuant to Title 4.5 (commencing with Section 405) of Part 2 of the Code of Civil Procedure. | |
| 118 | - | ||
| 119 | - | (e) If the holder of the interest in land has submitted a written request pursuant to subdivision (c), the court shall conduct an evidentiary hearing to determine, by a preponderance of the evidence, if a violation of Section 747.5 occurred, prior to taking any other action. If the court determines that there has been no violation, the court shall dismiss the action and expunge the notice of pending action. | |
| 120 | - | ||
| 121 | - | (f) (1) If the court determines that a violation of Section 747.5 occurred, the court shall order that the land be sold. Unless the court determines for good cause that another procedure for conducting the sale is appropriate, the court shall appoint a referee pursuant to Article 1 (commencing with Section 873.010) of Chapter 4 of Title 10.5 of Part 2 of the Code of Civil Procedure. | |
| 122 | - | ||
| 123 | - | (2) The referee shall make a sale of the property and convey the interest to the purchaser. | |
| 124 | - | ||
| 125 | - | (3) The proceeds from the sale shall be distributed in the following order: | |
| 126 | - | ||
| 127 | - | (A) The payment of authorized costs of the sale, including all approved fees and expenses of the referee and any taxes and assessments due. | |
| 128 | - | ||
| 129 | - | (B) The payment, in an amount approved by the court, to the Attorney General for reimbursement of investigation and litigation costs and expenses. | |
| 130 | - | ||
| 131 | - | (C) The payment to lien holders who did not have actual knowledge of a violation of Section 747.5 in their order of priority, except for liens which under the terms of the sale are to remain on the property. | |
| 132 | - | ||
| 133 | - | (D) The payment of penalty, in an amount determined by the court, not to exceed 10 percent of the sales price of the property, to be paid to the fund designated by the Attorney General for enforcement of this chapter. | |
| 134 | - | ||
| 135 | - | (E) The payment to any lien holders not included in subparagraph (C) in their order of priority. | |
| 136 | - | ||
| 137 | - | (F) All remaining proceeds to the prohibited foreign actor, payable to the person or entity that held the interest. | |
| 138 | - | ||
| 139 | - | (g) A title to sensitive land shall not be invalid or subject to divestiture by reason of a violation of Section 747.5 by any former owner or other person holding or owning a former interest in the sensitive land. |