Kansas 2023-2024 Regular Session

Kansas House Bill HB2638 Compare Versions

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

Old	New	Differences
1	1	Session of 2024
2	2	HOUSE BILL No. 2638
3	3	By Committee on Agriculture and Natural Resources
4	4	Requested by Representative Rahjes
5	5	1-31
6	6	AN ACT concerning real property; relating to the conveyance thereof;
7	7	requiring the attorney general to investigate such conveyances;
8	8	prohibiting the conveyance of title to certain real property to foreign
9	9	adversaries and establishing criminal penalties for violations therefor.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. As used in sections 1 through 3, and amendments thereto:
12	12	(a) "Entity" means a partnership, association, trust, joint venture,
13	13	corporation, group, subgroup or other non-United States governmental
14	14	organization.
15	15	(b) "Foreign adversary" means any governmental or
16	16	nongovernmental person determined to be a foreign adversary pursuant to
17	17	15 C.F.R. § 7.4, as in effect on July 1, 2024.
18	18	(c) "Person" means an individual or entity.
19	19	(d) "Person owned by, controlled by or subject to the jurisdiction or
20	20	direction of a foreign adversary" means:
21	21	(1) Any person, wherever located, who acts as an agent,
22	22	representative or employee, or any person who acts in any other capacity
23	23	at the order, request or under the direction or control, of a foreign
24	24	adversary or of a person whose activities are directly or indirectly
25	25	supervised, directed, controlled, financed or subsidized in whole or in
26	26	majority part by a foreign adversary;
27	27	(2) any person, wherever located, who is a citizen or resident of a
28	28	nation-state controlled by a foreign adversary, unless such person is a dual
29	29	citizen of the United States and a foreign adversary;
30	30	(3) any corporation, partnership, association or other organization
31	31	organized under the laws of a nation-state controlled by a foreign
32	32	adversary; or
33	33	(4) any corporation, partnership, association or other organization,
34	34	wherever organized or doing business, that is owned or controlled by a
35	35	foreign adversary.
36	36	Sec. 2. (a) (1) On or after July 1, 2024, no person owned by,
37	37	controlled by or subject to the jurisdiction or direction of a foreign
38	38	adversary shall purchase, acquire by grant, devise or descent or otherwise
39	39	obtain ownership of any interest in real property located in this state.
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74	74	35 HB 2638 2
75	75	(2) (A) The provisions of paragraph (1) shall not apply to land
76	76	acquired by:
77	77	(i) A process of law in the collection of debts;
78	78	(ii) a deed in lieu of foreclosure pursuant to a forfeiture of a contract
79	79	for deed; or
80	80	(iii) any procedure for the enforcement of a lien or claim on the land,
81	81	whether created by mortgage or otherwise.
82	82	(B) Land described in this paragraph shall be sold or otherwise
83	83	disposed of within two years after any title is transferred.
84	84	(b) A person owned by, controlled by or subject to the jurisdiction or
85	85	direction of a foreign adversary may sell or convey all or any portion of an
86	86	ownership interest in real property located in this state that was acquired
87	87	prior to July 1, 2024, but shall not sell or otherwise convey such ownership
88	88	interest to any person owned by, controlled by or subject to the jurisdiction
89	89	or direction of a foreign adversary in violation of subsection (a).
90	90	(c) Any person owned by, controlled by or subject to the jurisdiction
91	91	or direction of a foreign adversary who inherits real property on or after
92	92	July 1, 2024, in violation of this act shall have 12 months to divest such
93	93	property once the violation is known. Such divestiture shall be an
94	94	affirmative defense to any violation of this subsection.
95	95	(d) The attorney general shall investigate any sale, transfer or other
96	96	conveyance of title to real property located in this state if the attorney
97	97	general has reason to believe that such transaction violates subsection (a).
98	98	(e) Real property that is the subject matter of a transaction that
99	99	violates this section shall be subject to forfeiture under K.S.A. 60-4101 et
100	100	seq., and amendments thereto.
101	101	Sec. 3. If any provision or clause of this act or application thereof to
102	102	any person or circumstance is held invalid, such invalidity shall not affect
103	103	other provisions or applications of this act that can be given effect without
104	104	the invalid provision or application, and to this end the provisions of this
105	105	act are declared to be severable.
106	106	Sec. 4. This act shall take effect and be in force from and after its
107	107	publication in the statute book.
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