Kansas 2023-2024 Regular Session

Kansas Senate Bill SB283 Compare Versions

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

Old	New	Differences
1	1	Session of 2023
2	2	SENATE BILL No. 283
3	3	By Committee on Federal and State Affairs
4	4	3-2
5	5	AN ACT concerning real property; relating to the conveyance thereof;
6	6	prohibiting the conveyance of real property parcels of 10 or more acres
7	7	to foreign adversaries; establishing criminal penalties therefor;
8	8	requiring the attorney general to investigate such conveyances.
9	9	Be it enacted by the Legislature of the State of Kansas:
10	10	Section 1. As used in sections 1 through 3, and amendments thereto:
11	11	(a) "Entity" means a partnership, association, trust, joint venture,
12	12	corporation, group, subgroup or other non-United States governmental
13	13	organization.
14	14	(b) (1) "Foreign adversary" means any government or non-
15	15	government person determined to be a foreign adversary pursuant to 15
16	16	C.F.R. § 7.4, as in effect on July 1, 2023, except as otherwise provided by
17	17	paragraph (2).
18	18	(2) Upon any occasion when 15 C.F.R. § 7.4 is amended after July 1,
19	19	2023, the secretary of agriculture may, in the secretary's sole discretion,
20	20	adopt rules and regulations to add or remove a government or non-
21	21	government person from the definition of "foreign adversary" but only
22	22	after giving due consideration to the risks to state and national security and
23	23	the economic costs and benefits of such action.
24	24	(c) "Person" means an individual or entity.
25	25	(d) "Person owned by, controlled by or subject to the jurisdiction or
26	26	direction of a foreign adversary" means:
27	27	(1) Any person, wherever located, who acts as an agent,
28	28	representative or employee, or any person who acts in any other capacity
29	29	at the order, request or under the direction or control, of a foreign
30	30	adversary or of a person whose activities are directly or indirectly
31	31	supervised, directed, controlled, financed or subsidized in whole or in
32	32	majority part by a foreign adversary;
33	33	(2) any person, wherever located, who is a citizen or resident of a
34	34	nation-state controlled by a foreign adversary, unless such person is a dual
35	35	citizen of the United States and a foreign adversary;
36	36	(3) any corporation, partnership, association or other organization
37	37	organized under the laws of a nation-state controlled by a foreign
38	38	adversary; or
39	39	(4) any corporation, partnership, association or other organization,
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76	76	wherever organized or doing business, that is owned or controlled by a
77	77	foreign adversary.
78	78	Sec. 2. (a) (1) On or after July 1, 2023, no person owned by,
79	79	controlled by or subject to the jurisdiction or direction of a foreign
80	80	adversary shall purchase, acquire by grant, devise or descent or otherwise
81	81	obtain ownership of any interest in real property parcels of 10 or more
82	82	acres located in this state.
83	83	(2) (A) The provisions of paragraph (1) shall not apply to land
84	84	acquired by:
85	85	(i) A process of law in the collection of debts;
86	86	(ii) a deed in lieu of foreclosure pursuant to a forfeiture of a contract
87	87	for deed; or
88	88	(iii) any procedure for the enforcement of a lien or claim on the land,
89	89	whether created by mortgage or otherwise.
90	90	(B) Land described in this paragraph shall be sold or otherwise
91	91	disposed of within two years after title is transferred.
92	92	(b) A person owned by, controlled by or subject to the jurisdiction or
93	93	direction of a foreign adversary may sell or convey all or any portion of an
94	94	ownership interest in real property located in this state that was acquired
95	95	prior to July 1, 2023, but shall not sell or otherwise convey such ownership
96	96	interest to any person owned by, controlled by or subject to the jurisdiction
97	97	or direction of a foreign adversary in violation of subsection (a).
98	98	(c) Any person owned by, controlled by or subject to the jurisdiction
99	99	or direction of a foreign adversary who inherits real property on or after
100	100	July 1, 2023 in violation of this act shall have 12 months to divest such
101	101	property once the violation is known. Such divestiture shall be an
102	102	affirmative defense to any violation of this subsection.
103	103	(d) The attorney general shall investigate any sale, transfer or other
104	104	conveyance of title to real property located in this state if the attorney
105	105	general has reason to believe that such transaction violates subsection (a).
106	106	(e) Real property that is the subject matter of a transaction that
107	107	violates this section shall be subject to forfeiture under K.S.A. 60-4101 et
108	108	seq., and amendments thereto.
109	109	Sec. 3. The provisions of sections 1 through 3, and amendments
110	110	thereto, are hereby declared severable. If any provision of sections 1
111	111	through 3, and amendments thereto, or the application thereof is held
112	112	invalid, such invalidity shall not effect any other provision of sections 1
113	113	through 3, and amendments thereto, that can be given effect without the
114	114	invalid provision.
115	115	Sec. 4. This act shall take effect and be in force from and after its
116	116	publication in the statute book.
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