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Kansas House Bill HB2290

Kansas 2025-2026 Regular Session

Kansas House Bill HB2290 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2290
33 By Committee on Commerce, Labor and Economic Development
44 Requested by Representative Croft
55 2-5
66 AN ACT concerning real property; relating to certain lands and military
77 installations; enacting the Kansas land and military installation
88 protection act; prohibiting foreign principals from countries of concern
99 from acquiring any interest in certain real property in this state;
1010 authorizing the fusion center oversight board to adopt rules and
1111 regulations to add or remove federally designated foreign terrorist
1212 organizations from the definition of country of concern; prohibiting
1313 foreign principals from countries of concern from receiving any
1414 economic development program benefits; amending K.S.A. 2024 Supp.
1515 60-4104 and 60-4106 and repealing the existing sections.
1616 Be it enacted by the Legislature of the State of Kansas:
1717 New Section 1. (a) Sections 1 through 8, and amendments thereto,
1818 shall be known and may be cited as the Kansas land and military
1919 installation protection act.
2020 (b) The purpose of this act is to protect certain real property and
2121 military installations located in this state by prohibiting countries of
2222 concern and any agent thereof from acquiring any interest in such real
2323 property.
2424 New Sec. 2. As used in sections 1 through 8, and amendments
2525 thereto:
2626 (a) "Attorney general" means the attorney general of the state of
2727 Kansas.
2828 (b) "Company" means any:
2929 (1) For-profit corporation, partnership, limited partnership, limited
3030 liability partnership, limited liability company, joint venture, trust,
3131 association, sole proprietorship or other organization, including any:
3232 (A) Subsidiary of such company, a majority ownership interest of
3333 which is held by such company;
3434 (B) parent company that holds a majority ownership interest of such
3535 company; and
3636 (C) other affiliate or business association of such company whose
3737 primary purpose is to make a profit; or
3838 (2) nonprofit organization.
3939 (c) (1) "Country of concern" means the following:
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7575 (A) Any foreign adversary, as such term is defined by 15 C.F.R. §
7676 7.4, as in effect on April 1, 2025; and
7777 (B) any organization that is designated as a foreign terrorist
7878 organization as of July 1, 2025, pursuant to 8 U.S.C. § 1189, as in effect on
7979 July 1, 2025, except as otherwise provided by rules and regulations
8080 adopted by the fusion center oversight board pursuant to section 7, and
8181 amendments thereto.
8282 (2) "Country of concern" does not include the republic of China
8383 (Taiwan).
8484 (d) "De minimis interest" means any interest in real property that is:
8585 (1) The result of ownership of registered securities in a publicly
8686 traded company; and
8787 (2) such ownership is:
8888 (A) Less than 10% of any class of registered securities or less than
8989 10% of the aggregate registered securities of multiple classes of securities;
9090 or
9191 (B) a noncontrolling interest in an entity that is controlled by a
9292 company that is registered with the United States securities and exchange
9393 commission as an investment adviser under the investment advisers act of
9494 1940, P.L. 117-263 and is not a foreign entity.
9595 (e) "Domicile" means the country where:
9696 (1) A company is organized;
9797 (2) a company completes a substantial portion of its business; or
9898 (3) a majority of a company's ownership interest is held.
9999 (f) "Economic development incentive program" means:
100100 (1) Any economic development incentive program administered
101101 wholly or in part by the secretary of commerce;
102102 (2) any tax credit, except for social and domestic tax credits,
103103 regardless of the administering state agency;
104104 (3) property that has been exempted from ad valorem taxation under
105105 the provisions of section 13 of article 11 of the constitution of the state of
106106 Kansas;
107107 (4) property that has been purchased, acquired, constructed,
108108 reconstructed, improved, equipped, furnished, repaired, enlarged or
109109 remodeled with all or any part of the proceeds of revenue bonds issued
110110 under any authority granted in article 17 of chapter 12 of the Kansas
111111 Statutes Annotated, and amendments thereto;
112112 (5) any economic development fund, including, but not limited to, the
113113 job creation program fund established by K.S.A. 74-50,224, and
114114 amendments thereto, and the economic development initiatives fund
115115 established by K.S.A. 79-4804, and amendments thereto; and
116116 (6) any other economic development incentive program that provides
117117 any form of tax credit, abatement or exemption or financial assistance
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161161 provided by or authorized by a governmental entity.
162162 (g) "Foreign entity" means any company whose domicile is any
163163 country other than the United States.
164164 (h) "Foreign principal" means:
165165 (1) The government or any official of the government of a country of
166166 concern;
167167 (2) any political party, subdivision thereof or any member of a
168168 political party of a country of concern;
169169 (3) any corporation, partnership, association, organization or other
170170 combination of persons organized under the laws of or having its principal
171171 place of business in a country of concern. "Foreign principal" includes any
172172 subsidiary owned or wholly controlled by any such entity;
173173 (4) any agent of or any entity otherwise under the control of a country
174174 of concern;
175175 (5) any individual who is a citizen or resident of a country of concern
176176 and is not a citizen or lawful permanent resident of the United States; or
177177 (6) any individual, entity or combination thereof described in
178178 paragraphs (1) through (5) that has a controlling interest in any company
179179 formed for the purpose of holding any interest in real property.
180180 (i) "Fusion center oversight board" means the fusion center oversight
181181 board established in K.S.A. 2024 Supp. 48-3705, and amendments thereto.
182182 (j) "Interest in real property" means any:
183183 (1) Ownership interest in any parcel of real property acquired by
184184 purchase, gift, grant, devise, bequest or other transfer of such interest;
185185 (2) ownership or other interest in any easement or other right of
186186 egress onto or across any parcel of real property;
187187 (3) ownership or other interest in any right to any oil, gas, minerals or
188188 water located on or under any parcel of real property; and
189189 (4) any interest or right to possess or use any parcel of real property
190190 acquired by the execution of a lease, lease-purchase or any other form of
191191 rental agreement.
192192 (k) "Military installation" means any land, buildings or other
193193 structures owned or controlled by any division of the United States
194194 department of defense, Kansas national guard or any other federal or state
195195 agency that is critical to the safety and security of Kansas or the United
196196 States.
197197 (l) "Non-notified transaction" means any transaction involving
198198 foreign investment in the United States that is not voluntarily submitted to
199199 the committee on foreign investment in the United States for review
200200 pursuant to 50 U.S.C. § 4565.
201201 (m) "Real property" means any real estate located in this state except
202202 residential real property.
203203 (n) "Residential real property" means real property that is used
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247247 exclusively as a place of residence for human habitation.
248248 (o) "Social and domestic tax credits" means the adoption credit
249249 created pursuant to K.S.A. 79-32,202a, and amendments thereto, the
250250 earned income tax credit created pursuant to K.S.A. 79-32,205, and
251251 amendments thereto, the food sales tax credit created pursuant to K.S.A.
252252 79-32,271, and amendments thereto, the child and dependent care tax
253253 credit created pursuant to K.S.A. 79-32,111c, and amendments thereto, and
254254 the homestead property tax refund created pursuant to K.S.A. 79-4501 et
255255 seq., and amendments thereto.
256256 (p) "State agency" means any department, authority, bureau, division,
257257 office or other governmental agency of this state.
258258 (q) "Tax credit" means any credit allowed against the tax imposed by
259259 the Kansas income tax act, the premium or privilege fees imposed
260260 pursuant to K.S.A. 40-252, and amendments thereto, or the privilege tax as
261261 measured by net income of financial institutions imposed pursuant to
262262 article 11 of chapter 79 of the Kansas Statutes Annotated, and amendments
263263 thereto.
264264 New Sec. 3. (a) Except as provided in subsections (d) and (e), no
265265 foreign principal shall directly or indirectly acquire any interest in any real
266266 property located within 100 miles of the boundary of any military
267267 installation located in this state or any adjacent state, except a de minimis
268268 interest in such real property.
269269 (b) Any foreign principal that owns any interest in real property as
270270 described in subsection (a) or directly or indirectly acquires any interest in
271271 real property as described in subsection (a) shall file registration of such
272272 interest with the attorney general in such form and manner as prescribed
273273 by the attorney general not later than 90 days after the effective date of this
274274 act or the date such interest is acquired, whichever occurs later. Such filing
275275 shall include:
276276 (1) The name of the individual or entity holding such interest;
277277 (2) the date of acquisition;
278278 (3) the address and legal description of the real property; and
279279 (4) the number of acres comprising the real property.
280280 (c) (1) Any foreign principal that fails to file the registration as
281281 required under subsection (b) or directly or indirectly acquires any interest
282282 in real property as described in subsection (a) shall divest such interest in
283283 such real property.
284284 (2) A copy of all documentation evidencing such divestiture shall be
285285 submitted to the attorney general in such manner as prescribed by the
286286 attorney general not later than 30 days after the effective date of such
287287 divestiture.
288288 (d) A foreign principal may acquire an interest in real property by
289289 devise or bequest, through the enforcement of any security interest or
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333333 through the collection of a debt. Any such acquisition shall be subject to
334334 the provisions of subsections (b) and (c).
335335 New Sec. 4. (a) The attorney general shall investigate any suspected
336336 violation of section 3, and amendments thereto.
337337 (b) A foreign principal who is subject to the requirements of section
338338 3, and amendments thereto, may enter into an agreement with the attorney
339339 general to divest such foreign principal's interest in real property not more
340340 than 360 days from entering into such agreement.
341341 (c) The attorney general may commence an action in a court of
342342 competent jurisdiction to enforce the provisions of section 3, and
343343 amendments thereto. In any such action, the attorney general may seek:
344344 (1) A court order directing the defendant to divest such defendant's
345345 interest in such real property;
346346 (2) injunctive relief;
347347 (3) civil forfeiture of the defendant's interest in such real property
348348 pursuant to K.S.A. 60-4101 et seq., and amendments thereto; and
349349 (4) reasonable attorney fees and court costs.
350350 (d) Upon a determination by a court of competent jurisdiction that the
351351 defendant has violated the requirements of section 3, and amendments
352352 thereto, the defendant shall divest such defendant's interest in such real
353353 property within 180 days after the day such court order is issued.
354354 New Sec. 5. No foreign principal shall receive any direct benefit
355355 related to any economic development program regardless of the form of
356356 such benefit.
357357 New Sec. 6. (a) The attorney general shall establish policies and
358358 procedures for the reporting of information concerning non-notified
359359 transactions to the attorney general. Any person may report information
360360 concerning such transactions in such form and manner as prescribed by the
361361 attorney general.
362362 (b) The attorney general shall prepare and submit a report on any
363363 identified non-notified transactions to the committee on foreign investment
364364 in the United States. A copy of such report shall be submitted to the
365365 governor, the adjutant general and the standing committees on federal and
366366 state affairs of the senate and the house of representatives or any successor
367367 committee of either such standing committee.
368368 (c) On or before February 1 of each year, the attorney general shall
369369 prepare and submit a report to the governor, the adjutant general, the
370370 standing committee on commerce, labor and economic development of the
371371 house of representatives, the standing committee on commerce of the
372372 senate, the standing committee on federal and state affairs of the house of
373373 representatives and the standing committee on federal and state affairs of
374374 the senate or any successor committee of such standing committees. Such
375375 report shall detail the implementation of the Kansas land and military
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419419 installation protection act and include the attorney general's recommended
420420 amendments to the definition of country of concern, if any.
421421 (d) The attorney general shall retain copies of any documents that are
422422 made a part of or otherwise submitted to the committee on foreign
423423 investment in the United States along with the report required under
424424 subsection (b).
425425 (e) On or before January 1, 2026, the attorney general shall adopt
426426 rules and regulations to implement the provisions of this section.
427427 New Sec. 7. (a) Upon any occasion when an organization is
428428 designated as a foreign terrorist organization or has such designation
429429 revoked pursuant to 8 U.S.C. § 1189, the fusion center oversight board
430430 may adopt rules and regulations to reflect such designation or revocation
431431 of such designation, but only after giving due consideration to the risks to
432432 state and national security and the economic costs and benefits of such
433433 action.
434434 (b) In no case shall the fusion center oversight board adopt any rule
435435 or regulation pursuant to this section that would designate an organization
436436 as a foreign terrorist organization that is not designated as a foreign
437437 terrorist organization pursuant to 8 U.S.C. § 1189.
438438 New Sec. 8. On or before March 1 of each year, Kansas state
439439 university shall use available data and resources to prepare and submit a
440440 report to the legislature and the attorney general detailing the status and
441441 trends of all foreign land holdings of real property within the state of
442442 Kansas.
443443 New Sec. 9. Sections 1 through 8, and amendments thereto, are
444444 declared severable. Any provision of sections 1 through 8, and
445445 amendments thereto, or the application thereof to any person or
446446 circumstance that is held to be unconstitutional or invalid shall not affect
447447 the validity of any remaining provisions of sections 1 through 8, and
448448 amendments thereto, or the applicability of such provisions to any person
449449 or circumstance.
450450 Sec. 10. K.S.A. 2024 Supp. 60-4104 is hereby amended to read as
451451 follows: 60-4104. Conduct and offenses giving rise to forfeiture under this
452452 act, whether or not there is a prosecution or conviction related to the
453453 offense, are:
454454 (a) All offenses which statutorily and specifically authorize forfeiture;
455455 (b) violations involving controlled substances, as described in K.S.A.
456456 21-5703, 21-5705, 21-5707, 21-5708(b), 21-5709(a), (b)(1), (c) and (d),
457457 21-5710, 21-5713(a), 21-5714 and 21-5716, and amendments thereto;
458458 (c) theft, as defined in K.S.A. 21-5801, and amendments thereto;
459459 (d) criminal discharge of a firearm, as defined in K.S.A. 21-6308(a)
460460 (1) and (a)(2), and amendments thereto;
461461 (e) gambling, as defined in K.S.A. 21-6404, and amendments thereto,
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505505 and commercial gambling, as defined in K.S.A. 21-6406(a)(1), and
506506 amendments thereto;
507507 (f) counterfeiting, as defined in K.S.A. 21-5825, and amendments
508508 thereto;
509509 (g) unlawful possession or use of a scanning device or reencoder, as
510510 described in K.S.A. 21-6108, and amendments thereto;
511511 (h) medicaid fraud, as described in K.S.A. 21-5925 through 21-5934,
512512 and amendments thereto;
513513 (i) an act or omission occurring outside this state, which would be a
514514 violation in the place of occurrence and would be described in this section
515515 if the act occurred in this state, whether or not it is prosecuted in any state;
516516 (j) an act or omission committed in furtherance of any act or omission
517517 described in this section including any inchoate or preparatory offense,
518518 whether or not there is a prosecution or conviction related to the act or
519519 omission;
520520 (k) any solicitation or conspiracy to commit any act or omission
521521 described in this section, whether or not there is a prosecution or
522522 conviction related to the act or omission;
523523 (l) terrorism, as defined in K.S.A. 21-5421, and amendments thereto,
524524 illegal use of weapons of mass destruction, as defined in K.S.A. 21-5422,
525525 and amendments thereto, and furtherance of terrorism or illegal use of
526526 weapons of mass destruction, as described in K.S.A. 21-5423, and
527527 amendments thereto;
528528 (m) unlawful conduct of dog fighting and unlawful possession of dog
529529 fighting paraphernalia, as defined in K.S.A. 21-6414(a) and (b), and
530530 amendments thereto;
531531 (n) unlawful conduct of cockfighting and unlawful possession of
532532 cockfighting paraphernalia, as defined in K.S.A. 21-6417(a) and (b), and
533533 amendments thereto;
534534 (o) selling sexual relations, as defined in K.S.A. 21-6419, and
535535 amendments thereto, promoting the sale of sexual relations, as defined in
536536 K.S.A. 21-6420, and amendments thereto, and buying sexual relations, as
537537 defined in K.S.A. 21-6421, and amendments thereto;
538538 (p) human trafficking and aggravated human trafficking, as defined in
539539 K.S.A. 21-5426, and amendments thereto;
540540 (q) violations of the banking code, as described in K.S.A. 9-2012, and
541541 amendments thereto;
542542 (r) mistreatment of a dependent adult, as defined in K.S.A. 21-5417,
543543 and amendments thereto;
544544 (s) giving a worthless check, as defined in K.S.A. 21-5821, and
545545 amendments thereto;
546546 (t) forgery, as defined in K.S.A. 21-5823, and amendments thereto;
547547 (u) making false information, as defined in K.S.A. 21-5824, and
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591591 amendments thereto;
592592 (v) criminal use of a financial card, as defined in K.S.A. 21-5828, and
593593 amendments thereto;
594594 (w) unlawful acts concerning computers, as described in K.S.A. 21-
595595 5839, and amendments thereto;
596596 (x) identity theft and identity fraud, as defined in K.S.A. 21-6107(a)
597597 and (b), and amendments thereto;
598598 (y) electronic solicitation, as defined in K.S.A. 21-5509, and
599599 amendments thereto;
600600 (z) felony violations of fleeing or attempting to elude a police officer,
601601 as described in K.S.A. 8-1568, and amendments thereto;
602602 (aa) commercial sexual exploitation of a child, as defined in K.S.A.
603603 21-6422, and amendments thereto;
604604 (bb) violations of the Kansas racketeer influenced and corrupt
605605 organization act, as described in K.S.A. 21-6329, and amendments thereto;
606606 (cc) indecent solicitation of a child and aggravated indecent
607607 solicitation of a child, as defined in K.S.A. 21-5508, and amendments
608608 thereto;
609609 (dd) sexual exploitation of a child, as defined in K.S.A. 21-5510, and
610610 amendments thereto; and
611611 (ee) violation of a consumer protection order as defined in K.S.A. 21-
612612 6423, and amendments thereto; and
613613 (ff) violation of the Kansas land and military installation protection
614614 act as described in section 3, and amendments thereto.
615615 Sec. 11. K.S.A. 2024 Supp. 60-4106 is hereby amended to read as
616616 follows: 60-4106. (a) Except as provided in this subsection, all property,
617617 including all interests in property, described in K.S.A. 60-4105, and
618618 amendments thereto, is subject to forfeiture subject to all mortgages, deeds
619619 of trust, financing statements or security agreements properly of record
620620 prior to the forfeiture held by an interest holder.
621621 (1) No real property or conveyance, or an interest therein, may be
622622 forfeited under this act unless the offense or conduct giving rise to
623623 forfeiture constitutes a felony, except as provided in the Kansas land and
624624 military installation protection act, section 1 et seq., and amendments
625625 thereto.
626626 (2) No conveyance used by any person as a common carrier in the
627627 transaction of business as a common carrier is subject to forfeiture under
628628 this act unless the owner or other person in charge of the conveyance is a
629629 consenting party or privy to a violation of this act.
630630 (3) No property is subject to forfeiture under this act if the owner or
631631 interest holder acquired the property before or during the conduct giving
632632 rise to the property's forfeiture, and such owner or interest holder:
633633 (A) Did not know and could not have reasonably known of the act or
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677677 omission or that it was likely to occur; or
678678 (B) acted reasonably to prevent the conduct giving rise to forfeiture.
679679 (4) No property is subject to forfeiture if the owner or interest holder
680680 acquired the property after the conduct giving rise to the property's
681681 forfeiture, including acquisition of proceeds of conduct giving rise to
682682 forfeiture, and such owner or interest holder:
683683 (A) Acquired the property in good faith, for value; and
684684 (B) was not knowingly taking part in an illegal transaction.
685685 (5) (A) An interest in property acquired in good faith by an attorney
686686 as reasonable payment or to secure payment for legal services in a criminal
687687 matter relating to violations of this act or for the reimbursement of
688688 reasonable expenses related to the legal services is exempt from forfeiture
689689 unless before the interest was acquired the attorney knew of a judicial
690690 determination of probable cause that the property is subject to forfeiture.
691691 (B) The state bears the burden of proving that an exemption claimed
692692 under this section is not applicable. Evidence made available by the
693693 compelled disclosure of confidential communications between an attorney
694694 and a client other than nonprivileged information relating to attorney fees,
695695 is not admissible to satisfy the state's burden of proof.
696696 (b) Notwithstanding subsection (a), property is not exempt from
697697 forfeiture, even though the owner or interest holder lacked knowledge or
698698 reason to know that the conduct giving rise to property's forfeiture had
699699 occurred or was likely to occur, if the:
700700 (1) Person whose conduct gave rise to the property's forfeiture had
701701 authority to convey the property of the person claiming the exemption to a
702702 good faith purchaser for value at the time of the conduct;
703703 (2) owner or interest holder is criminally responsible for the conduct
704704 giving rise to the property's forfeiture, whether or not there is a prosecution
705705 or conviction; or
706706 (3) owner or interest holder acquired the property with notice of the
707707 property's actual or constructive seizure for forfeiture under this act, or
708708 with reason to believe that the property was subject to forfeiture under this
709709 act.
710710 (c) Prior to final judgment in a judicial forfeiture proceeding, the
711711 court shall determine whether the proposed forfeiture is unconstitutionally
712712 excessive pursuant to K.S.A. 60-4112(g), and amendments thereto, if the
713713 court has not made such determination earlier in the proceeding as a result
714714 of a petition filed pursuant to K.S.A. 60-4112(g), and amendments thereto.
715715 Sec. 12. K.S.A. 2024 Supp. 60-4104 and 60-4106 are hereby
716716 repealed.
717717 Sec. 13. This act shall take effect and be in force from and after its
718718 publication in the statute book.
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