9 | 17 | | |
---|
10 | 18 | | |
---|
11 | 19 | | |
---|
12 | 20 | | AN ACT PROHIBITING THE OWNERSHIP, POSSESSION OR |
---|
13 | 21 | | ACQUISITION OF INTERESTS IN REAL PROPERTY UPON OR |
---|
14 | 22 | | ABUTTING MILITARY INSTALLATIONS OR AGRICULTURAL LANDS |
---|
15 | 23 | | BY CERTAIN FOREIGN ENTITIES. |
---|
16 | 24 | | Be it enacted by the Senate and House of Representatives in General |
---|
17 | 25 | | Assembly convened: |
---|
18 | 26 | | |
---|
19 | 27 | | Section 1. (NEW) (Effective October 1, 2025) (a) As used in this section: 1 |
---|
20 | 28 | | (1) "Agricultural land" has the same meaning as provided in section 2 |
---|
21 | 29 | | 22-26bb of the general statutes; 3 |
---|
22 | 30 | | (2) "Foreign country of concern" means the People's Republic of 4 |
---|
23 | 31 | | China or the Russian Federation, including any agency thereof or any 5 |
---|
24 | 32 | | other entity of significant control thereof; 6 |
---|
25 | 33 | | (3) "Foreign principal" means (A) the government or any official of 7 |
---|
26 | 34 | | the government of a foreign country of concern, (B) a political party or 8 |
---|
27 | 35 | | member of a political party, or any subdivision of a political party, of a 9 |
---|
28 | 36 | | foreign country of concern, (C) (i) a partnership, association, 10 |
---|
29 | 37 | | corporation, organization or other combination of other persons 11 |
---|
30 | 38 | | organized under the laws of, or having its principal place of business in, 12 |
---|
46 | | - | (2) A buyer of an interest in real property that abuts any military 24 |
---|
47 | | - | installation or agricultural land in this state shall (A) at the time of 25 |
---|
48 | | - | purchase, sign an affidavit under penalty of perjury attesting that (i) 26 |
---|
49 | | - | such buyer is not a foreign principal, and (ii) such purchase is not in 27 |
---|
50 | | - | violation of the provisions of subdivision (1) of this subsection, and (B) 28 |
---|
51 | | - | not later than one business day after such purchase, file such affidavit 29 |
---|
52 | | - | with the Adjutant General. The failure of the buyer or seller of such 30 |
---|
53 | | - | interest in real property to retain a copy of such affidavit shall not affect 31 |
---|
54 | | - | the title, or the insurability of the title, of such interest or subject any 32 |
---|
55 | | - | closing agent for such buyer or seller to civil liability, unless any closing 33 |
---|
| 55 | + | (c) A buyer of an interest in real property that abuts any military 24 |
---|
| 56 | + | installation or agricultural land in this state shall (1) at the time of 25 |
---|
| 57 | + | purchase, sign an affidavit signed under penalty of perjury attesting that 26 |
---|
| 58 | + | (A) such buyer is not a foreign principal, and (B) such purchase is not in 27 |
---|
| 59 | + | violation of the provisions of subsection (b) of this section, and (2) not 28 |
---|
| 60 | + | later than one business day after such purchase, file such affidavit with 29 |
---|
| 61 | + | the Adjutant General. The failure of the buyer or seller of such interest 30 |
---|
| 62 | + | in real property to retain a copy of such affidavit shall not affect the title, 31 |
---|
| 63 | + | or the insurability of the title, of such interest or subject any closing 32 |
---|
| 64 | + | agent for such buyer or seller to civil liability, unless any closing 33 |
---|
57 | | - | purchase is in violation of the provisions of subdivision (1) of this 35 |
---|
58 | | - | subsection. 36 |
---|
59 | | - | (c) If a foreign principal is a prospective buyer of an interest in real 37 |
---|
60 | | - | property that is within a three-mile radius of any military installation in 38 |
---|
61 | | - | this state, such foreign principal shall give notice of such foreign 39 |
---|
62 | | - | principal's intent to buy such interest to the Adjutant General not later 40 |
---|
63 | | - | than thirty days prior to such prospective purchase and in a form and 41 |
---|
64 | | - | manner prescribed by the Adjutant General. Immediately upon receipt 42 |
---|
65 | | - | of such notice, the Adjutant General shall review such prospective 43 |
---|
66 | | - | purchase as it relates to the protection of public safety and security. Not 44 |
---|
67 | | - | later than fifteen days after receipt of such notice, the Adjutant General 45 |
---|
68 | | - | shall issue, in writing, to such prospective buyer and the Attorney 46 |
---|
69 | | - | General the detailed findings of such review and a recommendation for 47 |
---|
70 | | - | or against such prospective purchase. 48 Substitute Bill No. 6735 |
---|
| 66 | + | purchase is in violation of the provisions of subsection (b) of this section. 35 |
---|
| 67 | + | (d) (1) Any interest in real property owned, possessed or acquired in 36 |
---|
| 68 | + | violation of subsection (b) of this section shall be subject to forfeiture in 37 |
---|
| 69 | + | accordance with the provisions of this subsection. 38 |
---|
| 70 | + | (2) The Attorney General shall enforce the provisions of this section 39 |
---|
| 71 | + | by bringing a civil action in the superior court for the judicial district in 40 |
---|
| 72 | + | which such interest in real property is located for the forfeiture of such 41 |
---|
| 73 | + | interest owned, possessed or acquired in violation of subsection (b) of 42 |
---|
| 74 | + | this section. 43 |
---|
| 75 | + | Committee Bill No. 6735 |
---|
75 | | - | (d) (1) (A) Any interest in real property owned, possessed or acquired 49 |
---|
76 | | - | in violation of subdivision (1) of subsection (b) of this section shall be 50 |
---|
77 | | - | subject to forfeiture in accordance with the provisions of this subsection. 51 |
---|
78 | | - | (B) Any interest in real property the prospective purchase of which 52 |
---|
79 | | - | the Adjutant General recommended against under subsection (c) of this 53 |
---|
80 | | - | section may be subject to forfeiture in accordance with the provisions of 54 |
---|
81 | | - | this subsection. 55 |
---|
82 | | - | (2) The Attorney General is authorized to enforce the provisions of 56 |
---|
83 | | - | this section by bringing a civil action in the superior court for the judicial 57 |
---|
84 | | - | district in which an interest in real property described in subparagraph 58 |
---|
85 | | - | (A) or (B) of subdivision (1) of this subsection, as applicable, is located 59 |
---|
86 | | - | for the forfeiture of such interest. 60 |
---|
87 | | - | (3) At any time during such forfeiture proceedings, the Attorney 61 |
---|
88 | | - | General may seek from such superior court an ex parte order of seizure 62 |
---|
89 | | - | of such interest in real property upon a showing that control of such 63 |
---|
90 | | - | interest by the party against whom such civil action was brought 64 |
---|
91 | | - | constitutes a clear and present danger to the state. 65 |
---|
92 | | - | (4) If such superior court determines that (A) such interest in real 66 |
---|
93 | | - | property is owned, possessed or acquired in violation of subdivision (1) 67 |
---|
94 | | - | of subsection (b) of this section, or (B) the basis for the Adjutant 68 |
---|
95 | | - | General's recommendation against the prospective purchase of such 69 |
---|
96 | | - | interest in real property under subsection (c) of this section was 70 |
---|
97 | | - | reasonable, the court shall enter a final judgment of forfeiture vesting 71 |
---|
98 | | - | title to such interest in the state, subject only to the rights and interests 72 |
---|
99 | | - | of bona fide lienholders. 73 |
---|
100 | | - | (5) The Commissioner of Administrative Services on behalf of the 74 |
---|
101 | | - | state may sell such interest in real property, subject to a final judgment 75 |
---|
102 | | - | of forfeiture. Proceeds from such a sale shall be applied first to the 76 |
---|
103 | | - | payment of each bona fide lienholder described in subdivision (4) of this 77 |
---|
104 | | - | subsection that may exist, next to the payment of each outstanding fine 78 |
---|
105 | | - | that may have been assessed by such superior court during such 79 |
---|
106 | | - | forfeiture proceedings and then to the payment of the person or entity 80 Substitute Bill No. 6735 |
---|
107 | | - | |
---|
108 | | - | |
---|
109 | | - | LCO 4 of 4 |
---|
110 | | - | |
---|
111 | | - | who was divested of such interest in real property pursuant to this 81 |
---|
112 | | - | subsection. 82 |
---|
| 80 | + | (3) At any time during such forfeiture proceedings, the Attorney 44 |
---|
| 81 | + | General may seek from such superior court an ex parte order of seizure 45 |
---|
| 82 | + | of such interest in real property upon a showing that control of such 46 |
---|
| 83 | + | interest by the party against whom such civil action was brought 47 |
---|
| 84 | + | constitutes a clear and present danger to the state. 48 |
---|
| 85 | + | (4) If such superior court determines that such interest in real 49 |
---|
| 86 | + | property is owned, possessed or acquired in violation of subsection (b) 50 |
---|
| 87 | + | of this section, the court shall enter a final judgment of forfeiture vesting 51 |
---|
| 88 | + | title to such interest in the state, subject only to the rights and interests 52 |
---|
| 89 | + | of bona fide lienholders. 53 |
---|
| 90 | + | (5) The Commissioner of Administrative Services on behalf of the 54 |
---|
| 91 | + | state may sell such interest in real property, subject to a final judgment 55 |
---|
| 92 | + | of forfeiture. Proceeds from such a sale shall be applied first to the 56 |
---|
| 93 | + | payment of each bona fide lienholder described in subdivision (3) of this 57 |
---|
| 94 | + | subsection, next to the payment of each outstanding fine assessed by 58 |
---|
| 95 | + | such superior court under this subsection and then to the payment of 59 |
---|
| 96 | + | the person or entity who was divested of such interest in real property 60 |
---|
| 97 | + | pursuant to this subsection. 61 |
---|
122 | | - | VA Joint Favorable Subst. |
---|
| 108 | + | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
| 109 | + | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
| 110 | + | underlined.] |
---|
| 111 | + | |
---|
| 112 | + | Co-Sponsors: REP. CANDELORA V., 86th Dist.; REP. O'DEA, 125th Dist. |
---|
| 113 | + | REP. RUTIGLIANO, 123rd Dist.; REP. ACKERT, 8th Dist. |
---|
| 114 | + | Committee Bill No. 6735 |
---|
| 115 | + | |
---|
| 116 | + | |
---|
| 117 | + | LCO No. 5682 4 of 4 |
---|
| 118 | + | |
---|
| 119 | + | REP. PERILLO J., 113th Dist.; REP. ZUPKUS, 89th Dist. |
---|
| 120 | + | REP. ZAWISTOWSKI, 61st Dist.; REP. CARNEY, 23rd Dist. |
---|
| 121 | + | REP. FISHBEIN, 90th Dist.; REP. ANDERSON, 62nd Dist. |
---|
| 122 | + | REP. DIGIOVANCARLO, 74th Dist.; REP. VAIL, 52nd Dist. |
---|
| 123 | + | SEN. GORDON, 35th Dist. |
---|
| 124 | + | |
---|
| 125 | + | H.B. 6735 |
---|
| 126 | + | |
---|