Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2668 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2668 Introduced 1/10/2024, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: See Index Amends the Property Owned By Noncitizens Act. Provides that a prohibited foreign-party-controlled business shall not acquire by grant, purchase, devise, descent, or otherwise any interest in public or private land in the State. Provides that a prohibited foreign-party-controlled business entity in violation of the provisions has 2 years to divest of the public or private land, and if a prohibited foreign-party-controlled business entity does not divest the public or private land, the Attorney General shall commence an action in the circuit court within the jurisdiction of the public or private land. Provides that a prohibited foreign party shall not acquire by grant, purchase, devise, descent, or otherwise any interest in agricultural land in the State regardless of whether the prohibited foreign party intends to use the agricultural land for nonfarming purposes. Provides that a prohibited foreign party who is a resident alien of the United States shall have the right to acquire and hold agricultural land in the State upon the same terms as a citizen of the United States during the continuance of his or her residence in the State, but if a prohibited foreign party is no longer a resident alien, he or she shall have 2 years to divest of the agricultural land, and that if the prohibited foreign party does not divest of the agricultural land as required, the Attorney General shall commence an action in circuit court within the jurisdiction of the agricultural land. Provides that violation of the provisions by either a prohibited foreign-party-controlled business entity or a prohibited foreign party owning agricultural land shall, upon conviction, be guilty of a Class 4 felony punishable by not more than 2 years imprisonment in the custody of the Department of Corrections or a $15,000 fine, or both. Creates the Office of Agricultural Intelligence within the Department of Agriculture to collect and analyze information concerning the unlawful sale or possession of agricultural land by prohibited foreign parties and administer and enforce the provisions of the Act. LRB103 34872 LNS 64735 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2668 Introduced 1/10/2024, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: See Index See Index Amends the Property Owned By Noncitizens Act. Provides that a prohibited foreign-party-controlled business shall not acquire by grant, purchase, devise, descent, or otherwise any interest in public or private land in the State. Provides that a prohibited foreign-party-controlled business entity in violation of the provisions has 2 years to divest of the public or private land, and if a prohibited foreign-party-controlled business entity does not divest the public or private land, the Attorney General shall commence an action in the circuit court within the jurisdiction of the public or private land. Provides that a prohibited foreign party shall not acquire by grant, purchase, devise, descent, or otherwise any interest in agricultural land in the State regardless of whether the prohibited foreign party intends to use the agricultural land for nonfarming purposes. Provides that a prohibited foreign party who is a resident alien of the United States shall have the right to acquire and hold agricultural land in the State upon the same terms as a citizen of the United States during the continuance of his or her residence in the State, but if a prohibited foreign party is no longer a resident alien, he or she shall have 2 years to divest of the agricultural land, and that if the prohibited foreign party does not divest of the agricultural land as required, the Attorney General shall commence an action in circuit court within the jurisdiction of the agricultural land. Provides that violation of the provisions by either a prohibited foreign-party-controlled business entity or a prohibited foreign party owning agricultural land shall, upon conviction, be guilty of a Class 4 felony punishable by not more than 2 years imprisonment in the custody of the Department of Corrections or a $15,000 fine, or both. Creates the Office of Agricultural Intelligence within the Department of Agriculture to collect and analyze information concerning the unlawful sale or possession of agricultural land by prohibited foreign parties and administer and enforce the provisions of the Act. LRB103 34872 LNS 64735 b LRB103 34872 LNS 64735 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2668 Introduced 1/10/2024, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Property Owned By Noncitizens Act. Provides that a prohibited foreign-party-controlled business shall not acquire by grant, purchase, devise, descent, or otherwise any interest in public or private land in the State. Provides that a prohibited foreign-party-controlled business entity in violation of the provisions has 2 years to divest of the public or private land, and if a prohibited foreign-party-controlled business entity does not divest the public or private land, the Attorney General shall commence an action in the circuit court within the jurisdiction of the public or private land. Provides that a prohibited foreign party shall not acquire by grant, purchase, devise, descent, or otherwise any interest in agricultural land in the State regardless of whether the prohibited foreign party intends to use the agricultural land for nonfarming purposes. Provides that a prohibited foreign party who is a resident alien of the United States shall have the right to acquire and hold agricultural land in the State upon the same terms as a citizen of the United States during the continuance of his or her residence in the State, but if a prohibited foreign party is no longer a resident alien, he or she shall have 2 years to divest of the agricultural land, and that if the prohibited foreign party does not divest of the agricultural land as required, the Attorney General shall commence an action in circuit court within the jurisdiction of the agricultural land. Provides that violation of the provisions by either a prohibited foreign-party-controlled business entity or a prohibited foreign party owning agricultural land shall, upon conviction, be guilty of a Class 4 felony punishable by not more than 2 years imprisonment in the custody of the Department of Corrections or a $15,000 fine, or both. Creates the Office of Agricultural Intelligence within the Department of Agriculture to collect and analyze information concerning the unlawful sale or possession of agricultural land by prohibited foreign parties and administer and enforce the provisions of the Act.
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8	8	A BILL FOR
9	9	SB2668LRB103 34872 LNS 64735 b SB2668 LRB103 34872 LNS 64735 b
10	10	SB2668 LRB103 34872 LNS 64735 b
11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Policy. It is the declared policy of the State
15	15	5 to conserve, protect, and encourage the development and
16	16	6 improvement of its agricultural and forest lands and other
17	17	7 facilities for the production of food, fiber, and other
18	18	8 agricultural and silvicultural products.
19	19	9 Section 5. The Property Owned By Noncitizens Act is
20	20	10 amended by changing Section 7 and by adding Sections 1, 9, 10,
21	21	11 11, and 12 as follows:
22	22	12 (765 ILCS 60/1 new)
23	23	13 Sec. 1. Definitions. As used in this Act:
24	24	14 "Agricultural land" means any land in the State that is
25	25	15 outside the corporate limits of a municipality and is:
26	26	16 (1) used for forestry production, including, but not
27	27	17 limited to, land exceeding 10 acres in which 10% of the
28	28	18 land is stocked by trees of any size, including land that
29	29	19 formerly had trees of any size covering the land that will
30	30	20 be naturally or artificially regenerated; or
31	31	21 (2) currently used for, or, if currently idle, land
32	32	22 last used within the past 5 years, for farming, ranching,
33	33
34	34
35	35
36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2668 Introduced 1/10/2024, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
37	37	See Index See Index
38	38	See Index
39	39	Amends the Property Owned By Noncitizens Act. Provides that a prohibited foreign-party-controlled business shall not acquire by grant, purchase, devise, descent, or otherwise any interest in public or private land in the State. Provides that a prohibited foreign-party-controlled business entity in violation of the provisions has 2 years to divest of the public or private land, and if a prohibited foreign-party-controlled business entity does not divest the public or private land, the Attorney General shall commence an action in the circuit court within the jurisdiction of the public or private land. Provides that a prohibited foreign party shall not acquire by grant, purchase, devise, descent, or otherwise any interest in agricultural land in the State regardless of whether the prohibited foreign party intends to use the agricultural land for nonfarming purposes. Provides that a prohibited foreign party who is a resident alien of the United States shall have the right to acquire and hold agricultural land in the State upon the same terms as a citizen of the United States during the continuance of his or her residence in the State, but if a prohibited foreign party is no longer a resident alien, he or she shall have 2 years to divest of the agricultural land, and that if the prohibited foreign party does not divest of the agricultural land as required, the Attorney General shall commence an action in circuit court within the jurisdiction of the agricultural land. Provides that violation of the provisions by either a prohibited foreign-party-controlled business entity or a prohibited foreign party owning agricultural land shall, upon conviction, be guilty of a Class 4 felony punishable by not more than 2 years imprisonment in the custody of the Department of Corrections or a $15,000 fine, or both. Creates the Office of Agricultural Intelligence within the Department of Agriculture to collect and analyze information concerning the unlawful sale or possession of agricultural land by prohibited foreign parties and administer and enforce the provisions of the Act.
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41	41	LRB103 34872 LNS 64735 b
42	42	A BILL FOR
43	43
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47	47
48	48	See Index
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67	67	1 or timber production, except land not exceeding 10 acres
68	68	2 in the aggregate, if the annual gross receipts from the
69	69	3 sale of the farm, ranch, or timber products produced on
70	70	4 the land do not exceed $1,000, including, but not limited
71	71	5 to, land used for activities described in the Standard
72	72	6 Industrial Classification Manual (1987), Division A,
73	73	7 exclusive of industry numbers 0711-0783, 0851, and
74	74	8 0912-0919, which cover animal trapping, game management,
75	75	9 hunting carried on as a business enterprise, trapping
76	76	10 carried on as a business enterprise, and wildlife
77	77	11 management.
78	78	12 "Agricultural land" does not include oil, gas, and all
79	79	13 other minerals, including coal, lignite, brine, and all
80	80	14 minerals known and recognized as commercial minerals
81	81	15 underlying the land.
82	82	16 "Controlling interest" means an ownership interest of 50%
83	83	17 or more, in the aggregate.
84	84	18 "Foreign government" means any government other than (i)
85	85	19 the federal government or (ii) the government of a state or a
86	86	20 political subdivision of a state.
87	87	21 "Interest in agricultural land" means the direct interest
88	88	22 acquired, transferred, or held in agricultural land,
89	89	23 including, but not limited to, a lease of agricultural land:
90	90	24 (1) for a term of one year or longer; or
91	91	25 (2) renewable by option for terms that, if the options
92	92	26 were all exercised, would total one year.
93	93
94	94
95	95
96	96
97	97
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103	103	1 "Party" means any individual, corporation, company,
104	104	2 association, firm, partnership, society, joint-stock company,
105	105	3 trust, estate, or any other legal entity.
106	106	4 "Prohibited foreign-party-controlled business" means a
107	107	5 corporation, company, association, firm, partnership, society,
108	108	6 joint-stock company, trust, estate, or other legal entity
109	109	7 whose controlling interest is owned by a prohibited foreign
110	110	8 party.
111	111	9 "Prohibited foreign party" means:
112	112	10 (1) a citizen or resident of a country subject to the
113	113	11 International Traffic in Arms Regulation, 22 CFR 120-130;
114	114	12 (2) a foreign government formed within a country
115	115	13 subject to the International Traffic in Arms Regulation,
116	116	14 22 CFR 120-130;
117	117	15 (3) a party, other than an individual or a government,
118	118	16 created or organized under the laws of a foreign
119	119	17 government within a country subject to the International
120	120	18 Traffic in Arms Regulation, 22 CFR 120-130;
121	121	19 (4) any party, other than an individual or a
122	122	20 government:
123	123	21 (A) that is created or organized under the laws of
124	124	22 any state; and
125	125	23 (B) in which a significant interest or substantial
126	126	24 control is directly or indirectly held or is capable
127	127	25 of being exercised by:
128	128	26 (i) an individual referred to in paragraph (1)
129	129
130	130
131	131
132	132
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139	139	1 of this definition;
140	140	2 (ii) a foreign government referred to in
141	141	3 paragraph (2) of this definition;
142	142	4 (iii) a party referred to in paragraph (3) of
143	143	5 this definition; or
144	144	6 (iv) a combination of the individuals,
145	145	7 parties, or governments referred to in this
146	146	8 subparagraph;
147	147	9 (5) an entity of particular concern designated by the
148	148	10 United States Department of State; or
149	149	11 (6) an agent, trustee, or other fiduciary of a person
150	150	12 or entity enumerated in paragraphs (1) through (5) of this
151	151	13 definition.
152	152	14 "Residence" means a person's principal dwelling place
153	153	15 where the person intends to remain permanently for an
154	154	16 indefinite period of time.
155	155	17 "Resident alien" means a person who:
156	156	18 (1) is not a citizen of the United States; and
157	157	19 (2) is a resident of a:
158	158	20 (A) state of the United States;
159	159	21 (B) territory of the United States;
160	160	22 (C) trusteeship of the United States; or
161	161	23 (D) protectorate of the United States.
162	162	24 "Significant interest" or "substantial control" means:
163	163	25 (1) an interest of 33% or more held by:
164	164	26 (A) a party referred to in paragraph (4) of the
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175	175	1 definition of "prohibited foreign party";
176	176	2 (B) a party referred to in paragraph (1) of the
177	177	3 definition of "prohibited foreign party";
178	178	4 (C) a party referred to in paragraph (3) of the
179	179	5 definition of "prohibited foreign party"; or
180	180	6 (D) a single government referred to in paragraph
181	181	7 (2) of the definition of "prohibited foreign party";
182	182	8 (2) an interest of 33% or more held whenever the
183	183	9 parties, individuals, or governments referred to in
184	184	10 subparagraph (A) of paragraph (1) of this definition are
185	185	11 acting in concert with respect to the interest even though
186	186	12 no single individual, party, or government holds an
187	187	13 interest of 33% or more; or
188	188	14 (3) an interest of 50% or more, in the aggregate, held
189	189	15 by parties, individuals, or governments referred to in
190	190	16 subparagraph (A) of paragraph (1) of this definition even
191	191	17 though the individuals, parties, or foreign governments
192	192	18 may not be acting in concert.
193	193	19 (765 ILCS 60/7) (from Ch. 6, par. 7)
194	194	20 Sec. 7. Except as provided in Sections 9, 10, and 11, all
195	195	21 All noncitizens may acquire, hold, and dispose of real and
196	196	22 personal property in the same manner and to the same extent as
197	197	23 natural born citizens of the United States, and the personal
198	198	24 estate of a noncitizen dying intestate shall be distributed in
199	199	25 the same manner as the estates of natural born citizens, and
200	200
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210	210	1 all persons interested in such estate shall be entitled to
211	211	2 proper distributive shares thereof under the laws of this
212	212	3 state, whether they are noncitizens or not.
213	213	4 This amendatory Act of 1992 does not apply to the
214	214	5 Agricultural Foreign Investment Disclosure Act.
215	215	6 (Source: P.A. 102-1030, eff. 5-27-22.)
216	216	7 (765 ILCS 60/9 new)
217	217	8 Sec. 9. Land ownership by prohibited
218	218	9 foreign-party-controlled business prohibited.
219	219	10 (a) A prohibited foreign-party-controlled business shall
220	220	11 not acquire by grant, purchase, devise, descent, or otherwise
221	221	12 any interest in public or private land in this State. A party
222	222	13 may not hold public or private land as an agent, trustee, or
223	223	14 other fiduciary for a prohibited foreign-party-controlled
224	224	15 business in violation of this Section.
225	225	16 (b) A prohibited foreign-party-controlled business entity
226	226	17 in violation of this Section shall have 2 years to divest of
227	227	18 the public or private land. If a prohibited
228	228	19 foreign-party-controlled business entity does not divest the
229	229	20 public or private land, the Attorney General shall commence an
230	230	21 action in the circuit court within the jurisdiction of the
231	231	22 public or private land. If the public or private land is held
232	232	23 in violation of this Section, the circuit court shall order
233	233	24 that the public or private land be sold through judicial
234	234	25 foreclosure. Proceeds of the sale shall be disbursed to
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245	245	1 lienholders, in the order of priority, except for liens that,
246	246	2 under the terms of the sale, are to remain on the public or
247	247	3 private land. The Attorney General shall promptly record a
248	248	4 copy of the following in the local land records:
249	249	5 (1) upon commencement, notice of the pendency of an
250	250	6 action brought under this subsection; and
251	251	7 (2) the order for the sale of the public or private
252	252	8 land under this subsection.
253	253	9 (c) A prohibited foreign-party-controlled business entity
254	254	10 shall, upon conviction for a violation of this Section, be
255	255	11 guilty of a Class 4 felony punishable by not more than 2 years
256	256	12 imprisonment in the custody of the Department of Corrections
257	257	13 or a $15,000 fine, or both.
258	258	14 (d) It is an affirmative defense to prosecution under this
259	259	15 Section that a prohibited foreign-party-controlled business
260	260	16 entity is a resident alien of the State.
261	261	17 (e) Title to public or private land is not invalid or
262	262	18 subject to divestiture due to a violation of this Section by:
263	263	19 (1) any former owner; or
264	264	20 (2) other person holding or owning a former interest
265	265	21 in the public or private land.
266	266	22 (f) No person not subject to this Section shall be
267	267	23 required to determine or inquire into whether another person
268	268	24 is or may be subject to this Section.
269	269	25 (765 ILCS 60/10 new)
270	270
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280	280	1 Sec. 10. Foreign ownership of agricultural land.
281	281	2 (a) A prohibited foreign party shall not acquire by grant,
282	282	3 purchase, devise, descent, or otherwise any interest in
283	283	4 agricultural land in this State regardless of whether the
284	284	5 prohibited foreign party intends to use the agricultural land
285	285	6 for nonfarming purposes. A party may not hold agricultural
286	286	7 land as an agent, trustee, or other fiduciary for a prohibited
287	287	8 foreign party in violation of this Section.
288	288	9 (b) A prohibited foreign party that acquires agricultural
289	289	10 land in violation of this Section remains in violation as long
290	290	11 as the prohibited foreign party holds an interest in the
291	291	12 agricultural land.
292	292	13 (765 ILCS 60/11 new)
293	293	14 Sec. 11. Interest in agricultural land owned by prohibited
294	294	15 foreign parties; exceptions; penalties.
295	295	16 (a) A prohibited foreign party who is a resident alien of
296	296	17 the United States shall have the right to acquire and hold
297	297	18 agricultural land in the State upon the same terms as a citizen
298	298	19 of the United States during the continuance of his or her
299	299	20 residence in the State.
300	300	21 (b) If a prohibited foreign party is no longer a resident
301	301	22 alien under subsection (a), he or she shall have 2 years to
302	302	23 divest of the agricultural land. If the prohibited foreign
303	303	24 party does not divest of the agricultural land as required by
304	304	25 this subsection, the Attorney General shall commence an action
305	305
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315	315	1 in circuit court within the jurisdiction of the agricultural
316	316	2 land. If the agricultural land is held in violation of this
317	317	3 Section, the circuit court shall order that the agricultural
318	318	4 land be sold through judicial foreclosure.
319	319	5 (c) When the Office of Agricultural Intelligence
320	320	6 determines a prohibited foreign party has acquired
321	321	7 agricultural land in this State in violation of this Section,
322	322	8 the Office of Agricultural Intelligence shall report the
323	323	9 violation to the Attorney General. Upon receiving notice under
324	324	10 this subsection or upon receipt of information that leads the
325	325	11 Attorney General to believe that a violation of this Section
326	326	12 may exist, the Attorney General may issue subpoenas requiring
327	327	13 the:
328	328	14 (1) appearance of witnesses;
329	329	15 (2) production of relevant records; and
330	330	16 (3) giving of relevant testimony.
331	331	17 If, as a result of the investigation under this
332	332	18 subsection, the Attorney General concludes that a violation of
333	333	19 this Section has occurred, the Attorney General shall commence
334	334	20 an action in circuit court within the jurisdiction of the
335	335	21 agricultural land. If the agricultural land is held in
336	336	22 violation of this Section, the circuit court shall order that
337	337	23 the agricultural land be sold through judicial foreclosure.
338	338	24 (d) The proceeds of a sale of agricultural land by
339	339	25 judicial foreclosure authorized under this Section shall be
340	340	26 disbursed to lienholders, in the order of priority, except for
341	341
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351	351	1 liens which under the terms of the sale are to remain on the
352	352	2 agricultural land. The Attorney General shall promptly record
353	353	3 a copy of the following in the local land records:
354	354	4 (1) upon commencement, notice of the pendency of an
355	355	5 action under this Section; and
356	356	6 (2) the order for the sale of agricultural land under
357	357	7 this Section.
358	358	8 (e) A prohibited foreign party owning agricultural land
359	359	9 subsequent to the effective date of this amendatory Act of the
360	360	10 103rd General Assembly and not listed under an exception in
361	361	11 subsection (a) or (b) shall, upon conviction, be guilty of a
362	362	12 Class 4 felony punishable by not more than 2 years
363	363	13 imprisonment in the custody of the Department of Corrections
364	364	14 or a $15,000 fine, or both.
365	365	15 (f) It is an affirmative defense to prosecution under this
366	366	16 Section that a prohibited foreign party is a resident alien of
367	367	17 the State.
368	368	18 (g) Title to agricultural land is not invalid or subject
369	369	19 to divestiture due to a violation of this Section by:
370	370	20 (1) any former owner; or
371	371	21 (2) other person holding or owning a former interest
372	372	22 in the agricultural land.
373	373	23 (h) No person not subject to this Section shall be
374	374	24 required to determine or inquire into whether another person
375	375	25 is or may be subject to this Section.
376	376
377	377
378	378
379	379
380	380
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386	386	1 (765 ILCS 60/12 new)
387	387	2 Sec. 12. Office of Agricultural Intelligence.
388	388	3 (a) There is created within the Department of Agriculture
389	389	4 the Office of Agricultural Intelligence.
390	390	5 (b) The Office of Agricultural Intelligence is authorized
391	391	6 and directed to:
392	392	7 (1) collect and analyze information concerning the
393	393	8 unlawful sale or possession of agricultural land by
394	394	9 prohibited foreign parties; and
395	395	10 (2) administer and enforce the provisions of this Act,
396	396	11 including, but not limited to, the reporting of a
397	397	12 violation of this Act to the Attorney General under
398	398	13 subsection (c) of Section 11.
399	399	14 (c) The Director of Agriculture may designate employees of
400	400	15 the Department of Agriculture who have the power of a peace
401	401	16 officer or institutional law enforcement officer in the
402	402	17 enforcement of criminal laws of this State to perform the
403	403	18 duties of the Office of Agricultural Intelligence under
404	404	19 subsection (b).
405	405	20 (d) The Office of Agricultural Intelligence shall operate
406	406	21 under the direction of the Director of Agriculture.
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410	410	1 INDEX
411	411	2 Statutes amended in order of appearance
412	412
413	413
414	414
415	415
416	416
417	417	SB2668 - 11 - LRB103 34872 LNS 64735 b
418	418
419	419
420	420
421	421	SB2668- 12 -LRB103 34872 LNS 64735 b SB2668 - 12 - LRB103 34872 LNS 64735 b
422	422	SB2668 - 12 - LRB103 34872 LNS 64735 b
423	423	1 INDEX
424	424	2 Statutes amended in order of appearance
425	425
426	426
427	427
428	428
429	429
430	430	SB2668 - 12 - LRB103 34872 LNS 64735 b