| 1 | 1 | | |
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| 2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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| 3 | 3 | | and is intended to be omitted in the law. |
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| 4 | 4 | | FIRST REGULAR SESSION |
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| 5 | 5 | | SENATE BILL NO. 123 |
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| 6 | 6 | | 103RD GENERAL ASSEMBLY |
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| 7 | 7 | | INTRODUCED BY SENATOR BECK. |
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| 8 | 8 | | 0258S.01I KRISTINA MARTIN, Secretary |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | To repeal section 442.571, RSMo, and to enact in lieu thereof one new section relating to foreign |
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| 11 | 11 | | ownership of agricultural land. |
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| 12 | 12 | | |
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| 13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 14 | 14 | | Section A. Section 442.571, RSMo, is repealed and one new 1 |
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| 15 | 15 | | section enacted in lieu thereof, to be known as section 442.571, 2 |
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| 16 | 16 | | to read as follows:3 |
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| 17 | 17 | | 442.571. 1. Except as provided in sections 442.586 1 |
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| 18 | 18 | | and 442.591, [no alien or foreign business shall acquire by 2 |
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| 19 | 19 | | grant, purchase, devise, descent or otherwise agricultural 3 |
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| 20 | 20 | | land in this state if the total aggregate alien and foreign 4 |
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| 21 | 21 | | ownership of agricultural acreage in this state exceeds one 5 |
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| 22 | 22 | | percent of the total aggregate agricultural acreage in this 6 |
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| 23 | 23 | | state. A sale or transfer of any agricultural land in this 7 |
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| 24 | 24 | | state shall be submitted to the director of the department 8 |
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| 25 | 25 | | of agriculture for review in accordance with subs ection 3 of 9 |
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| 26 | 26 | | this section only if there is no completed Internal Revenue 10 |
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| 27 | 27 | | Service Form W-9 signed by the purchaser ] beginning August 11 |
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| 28 | 28 | | 28, 2025, no alien or foreign business shall acquire by 12 |
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| 29 | 29 | | grant, purchase, devise, descent, or otherwise any 13 |
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| 30 | 30 | | agricultural land in this state. Any alien or foreign 14 |
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| 31 | 31 | | business who acquired any agricultural land in this state 15 |
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| 32 | 32 | | prior to August 28, 2025, shall not grant, sell, or 16 |
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| 33 | 33 | | otherwise transfer such agricultural land to any other alien 17 |
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| 34 | 34 | | or foreign business on or after August 28, 2025. No person 18 SB 123 2 |
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| 35 | 35 | | may hold agricultural land as an agent, trustee, or other 19 |
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| 36 | 36 | | fiduciary for an alien or foreign business in violation of 20 |
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| 37 | 37 | | sections 442.560 to 442.592, provided, however, that no 21 |
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| 38 | 38 | | security interest in such agricultural land shall be 22 |
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| 39 | 39 | | divested or invalidated by such violation. 23 |
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| 40 | 40 | | 2. Any alien or foreign business who acquires 24 |
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| 41 | 41 | | agricultural land in violation of sections 442.560 to 25 |
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| 42 | 42 | | 442.592 remains in violation of sections 442.560 to 442.592 26 |
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| 43 | 43 | | for as long as [he or she] the alien or foreign business 27 |
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| 44 | 44 | | holds an interest in the land, provided, however, that no 28 |
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| 45 | 45 | | security interest in such agricultural land shall be 29 |
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| 46 | 46 | | divested or invalidated by such violation. 30 |
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| 47 | 47 | | 3. Subject to the provisions of subsection 1 of this 31 |
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| 48 | 48 | | section, [such] all proposed [acquisitions] transfers on or 32 |
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| 49 | 49 | | after August 28, 2025, by grant, purchase, devise, descent, 33 |
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| 50 | 50 | | or otherwise of any interest in agricultural land held by 34 |
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| 51 | 51 | | any alien or foreign business in this state shall be 35 |
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| 52 | 52 | | submitted to the department of agriculture to deter mine 36 |
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| 53 | 53 | | whether such [acquisition] transfer of agricultural land is 37 |
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| 54 | 54 | | conveyed in accordance with the [one percent restriction on 38 |
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| 55 | 55 | | the total aggregate] prohibition on alien and foreign 39 |
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| 56 | 56 | | ownership of agricultural land in this state under this 40 |
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| 57 | 57 | | section. The department shall establish by rule the 41 |
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| 58 | 58 | | requirements for submission and approval of requests under 42 |
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| 59 | 59 | | this subsection. 43 |
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| 60 | 60 | | 4. Any rule or portion of a rule, as that term is 44 |
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| 61 | 61 | | defined in section 536.010, that is created under the 45 |
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| 62 | 62 | | authority delegated in this s ection shall become effective 46 |
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| 63 | 63 | | only if it complies with and is subject to all of the 47 |
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| 64 | 64 | | provisions of chapter 536 and, if applicable, section 48 |
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| 65 | 65 | | 536.028. This section and chapter 536 are nonseverable and 49 |
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| 66 | 66 | | if any of the powers vested with the general assembly 50 SB 123 3 |
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| 67 | 67 | | pursuant to chapter 536 to review, to delay the effective 51 |
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| 68 | 68 | | date, or to disapprove and annul a rule are subsequently 52 |
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| 69 | 69 | | held unconstitutional, then the grant of rulemaking 53 |
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| 70 | 70 | | authority and any rule proposed or adopted after August 28, 54 |
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| 71 | 71 | | 2014, shall be invalid a nd void. 55 |
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| 72 | 72 | | |
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