| 5 | | - | To amend Part 3 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia1 |
|---|
| 6 | | - | Annotated, the "Georgia Surface Mining Act of 1968," so as to provide for a three-year2 |
|---|
| 7 | | - | moratorium on the acceptance of applications for new permits by the Environmental3 |
|---|
| 8 | | - | Protection Division of the Department of Natural Resources for surface mining utilizing4 |
|---|
| 9 | | - | dragline mining for heavy mineral sands; to prohibit tolling; to provide for related matters;5 |
|---|
| 10 | | - | to repeal conflicting laws; and for other purposes.6 |
|---|
| 11 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
|---|
| 12 | | - | SECTION 1.8 |
|---|
| 13 | | - | Part 3 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, the9 |
|---|
| 14 | | - | "Georgia Surface Mining Act of 1968," is amended by adding a new Code section to read10 |
|---|
| 15 | | - | as follows:11 |
|---|
| 16 | | - | "12-4-85.12 |
|---|
| 17 | | - | (a) Beginning on July 1, 2024, and continuing until June 30, 2027, the division shall accept13 |
|---|
| 18 | | - | no applications for new permits for surface mining utilizing dragline mining for heavy14 |
|---|
| 19 | | - | mineral sands in areas for which no prior surface mining permit has been obtained;15 |
|---|
| 20 | | - | provided, however, that the three-year period shall not be tolled or extended for any reason;16 |
|---|
| 21 | | - | - 1 - LC 44 2848S |
|---|
| 22 | | - | and provided, further, that, after such period has expired, the deadlines specified in17 |
|---|
| 23 | | - | subparagraph (c)(1)(A) of Code Section 12-2-2 for acting on any permit application18 |
|---|
| 24 | | - | formerly subject to such period shall be strictly enforced and shall not be extended for any19 |
|---|
| 25 | | - | reason.20 |
|---|
| 26 | | - | (b) This Code section shall not prevent the modification of permits already issued by the21 |
|---|
| 27 | | - | division or the granting or modification of permit applications originally submitted to the22 |
|---|
| 28 | | - | division pursuant to this part on or before June 30, 2024."23 |
|---|
| 29 | | - | SECTION 2.24 |
|---|
| 30 | | - | All laws and parts of laws in conflict with this Act are repealed.25 |
|---|
| 31 | | - | - 2 - |
|---|
| 6 | + | To amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general1 |
|---|
| 7 | + | provisions relative to agriculture, so as to prohibit the acquisition of possessory interest in2 |
|---|
| 8 | + | certain land by certain foreign persons and entities; to provide for definitions; to provide for3 |
|---|
| 9 | + | exceptions; to provide for civil actions; to provide for penalties; to provide for related4 |
|---|
| 10 | + | matters; to repeal conflicting laws; and for other purposes.5 |
|---|
| 11 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
|---|
| 12 | + | SECTION 1.7 |
|---|
| 13 | + | Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions8 |
|---|
| 14 | + | relative to agriculture, is amended by adding a new Code section to read as follows:9 |
|---|
| 15 | + | "2-1-7.10 |
|---|
| 16 | + | (a) As used in this Code section, the term:11 |
|---|
| 17 | + | (1) 'Agricultural land' means any land capable of use in the production of agricultural12 |
|---|
| 18 | + | crops, timber, livestock or livestock products, poultry or poultry products, milk or dairy13 |
|---|
| 19 | + | products, or fruit or other horticultural products, but does not include any land zoned by14 |
|---|
| 20 | + | a local governmental unit for a use other than and nonconforming with agricultural use.15 |
|---|
| 21 | + | (2) 'Nonresident alien' means:16 |
|---|
| 22 | + | S. B. 132 (SUB) |
|---|
| 23 | + | - 1 - 24 LC 44 2823S |
|---|
| 24 | + | (A)(i) Any natural person described in subsection (a) of Code Section 1-2-11 who is17 |
|---|
| 25 | + | not a United States citizen or legal resident, is an agent of a foreign government18 |
|---|
| 26 | + | designated as a foreign adversary by the United States Secretary of Commerce19 |
|---|
| 27 | + | pursuant to 15 C.F.R Section 7.4, and:20 |
|---|
| 28 | + | (I) Has been physically absent from the United States for more than six months out21 |
|---|
| 29 | + | of the most recent 12 months preceding the acquisition of a possessory interest22 |
|---|
| 30 | + | described in this Code section; or23 |
|---|
| 31 | + | (II) Has been physically absent from Georgia for more than two months out of the24 |
|---|
| 32 | + | most recent 12 months preceding the acquisition of a possessory interest described25 |
|---|
| 33 | + | in this Code section.26 |
|---|
| 34 | + | (ii) The provisions of this subparagraph shall not be in conflict with the federal Fair27 |
|---|
| 35 | + | Housing Act.28 |
|---|
| 36 | + | (B) A corporation, partnership, limited partnership, trustee, or other business entity that29 |
|---|
| 37 | + | is:30 |
|---|
| 38 | + | (i) Domiciled in a country whose government is designated as a foreign adversary by31 |
|---|
| 39 | + | the United States Secretary of Commerce pursuant to 15 C.F.R Section 7.4; or32 |
|---|
| 40 | + | (ii) Domiciled within the United States, but the ownership of at least 25 percent of33 |
|---|
| 41 | + | which is composed of any corporation, partnership, limited partnership, trustee, or34 |
|---|
| 42 | + | other business entity that is domiciled in a country whose government is designated35 |
|---|
| 43 | + | as a foreign adversary by the United States Secretary of Commerce pursuant to 1536 |
|---|
| 44 | + | C.F.R Section 7.4;37 |
|---|
| 45 | + | provided, however, that this subparagraph shall not include a corporation, partnership,38 |
|---|
| 46 | + | limited partnership, trustee, or other business entity leasing land from its owner and39 |
|---|
| 47 | + | using such land for agricultural research and development or experimental purposes,40 |
|---|
| 48 | + | including testing, developing, or producing crop production inputs, including, but not41 |
|---|
| 49 | + | limited to, seeds, plants, pesticides, soil amendments, biologicals, and fertilizers, for42 |
|---|
| 50 | + | sale or resale to farmers; or43 |
|---|
| 51 | + | S. B. 132 (SUB) |
|---|
| 52 | + | - 2 - 24 LC 44 2823S |
|---|
| 53 | + | (C) A foreign government designated as a foreign adversary by the United States44 |
|---|
| 54 | + | Secretary of Commerce pursuant to 15 C.F.R Section 7.4.45 |
|---|
| 55 | + | (3) 'Residential property' means real estate intended to be used as the purchaser's46 |
|---|
| 56 | + | dwelling, as such term is defined in Code Section 8-3-201.47 |
|---|
| 57 | + | (b)(1) Except as provided by subsections (c) and (d) of this Code section, no nonresident48 |
|---|
| 58 | + | alien shall acquire directly or indirectly any possessory interest in agricultural land or49 |
|---|
| 59 | + | land within a ten mile radius of any military base, military installation, or military airport.50 |
|---|
| 60 | + | (2) This subsection shall not apply to residential property.51 |
|---|
| 61 | + | (c)(1) A nonresident alien may acquire a possessory interest in agricultural land by52 |
|---|
| 62 | + | devise or inheritance, as security for indebtedness, in the collection of debts, or by any53 |
|---|
| 63 | + | procedure for the enforcement of a lien or claim thereon, whether created by mortgage54 |
|---|
| 64 | + | or otherwise.55 |
|---|
| 65 | + | (2) Any such possessory interest in agricultural land acquired by a nonresident alien in56 |
|---|
| 66 | + | the collection of debts or by any procedure for the enforcement of a lien or claim thereon57 |
|---|
| 67 | + | shall be disposed of within two years after acquiring such possessory interest.58 |
|---|
| 68 | + | (3) Any such possessory interest in agricultural land acquired by a nonresident alien by59 |
|---|
| 69 | + | devise or inheritance shall be disposed of within one year after acquiring such possessory60 |
|---|
| 70 | + | interest.61 |
|---|
| 71 | + | (d) A nonresident alien that acquires a possessory interest in agricultural land pursuant to62 |
|---|
| 72 | + | subsection (c) of this Code section may avoid disposing of such interest if, within the time63 |
|---|
| 73 | + | required for disposal, such nonresident alien terminates said nonresident alien status.64 |
|---|
| 74 | + | (e) A broker who is engaged by client who is a prospective buyer or seller of a possessory65 |
|---|
| 75 | + | interest in agricultural land shall timely disclose to said client the requirements and66 |
|---|
| 76 | + | limitations of this Code section. For purposes of this subsection, the terms 'broker,' 'client,'67 |
|---|
| 77 | + | and 'timely' shall have the same meanings as provided in Code Section 10-6A-3.68 |
|---|
| 78 | + | (f) A nonresident alien that purports to acquire any interest in agricultural land in violation69 |
|---|
| 79 | + | of this Code section shall be barred from making any claim against any party for restitution70 |
|---|
| 80 | + | S. B. 132 (SUB) |
|---|
| 81 | + | - 3 - 24 LC 44 2823S |
|---|
| 82 | + | of the purchase price paid by such nonresident alien in connection with such interest in71 |
|---|
| 83 | + | agricultural land or for any other kind of payment relating to the nonresident alien's loss72 |
|---|
| 84 | + | or lack of title to such interest in agricultural land. The legal counsel of any county,73 |
|---|
| 85 | + | municipality, or consolidated government in which the agricultural land is located, the74 |
|---|
| 86 | + | Attorney General, or any person that is not a nonresident alien that was a party to the void75 |
|---|
| 87 | + | transaction or is a subsequent holder of such interest may file an action.76 |
|---|
| 88 | + | (g) An individual who intentionally violates the provisions of this Code section shall be77 |
|---|
| 89 | + | guilty of a felony and shall be punished by a fine of not more than $15,000.00 or78 |
|---|
| 90 | + | imprisonment for not less than one year nor more than two years, or both."79 |
|---|
| 91 | + | SECTION 2.80 |
|---|
| 92 | + | All laws and parts of laws in conflict with this Act are repealed.81 |
|---|
| 93 | + | S. B. 132 (SUB) |
|---|
| 94 | + | - 4 - |
|---|