Missouri 2025 Regular Session

Missouri Senate Bill SB217 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-
2		-	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3		-	and is intended to be omitted in the law.
4		-	FIRST REGULAR SESSION
5		-	SENATE COMMITTEE SUBSTITUTE FOR
	1	+	0569S.02C
	2	+	1
	3	+	SENATE COMMITTEE SUBSTITUTE
	4	+	FOR
6	5		SENATE BILL NO. 217
7		-	103RD GENERAL ASSEMBLY
8		-	0569S.02C KRISTINA MARTIN, Secretary
9	6		AN ACT
10		-	To repeal sections 442.566, 442.571, 442.576, and 442.591, RSMo, and to enact in lieu thereof
11		-	four new sections relating to foreign ownership of agricultural land, with an emergency
12		-	clause.
	7	+	To repeal sections 442.566, 442.571, 442.576, and
	8	+	442.591, RSMo, and to enact in lieu thereof four new
	9	+	sections relating to foreign ownership of
	10	+	agricultural land, with an emergency clause.
13	11
14	12		Be it enacted by the General Assembly of the State of Missouri, as follows:
15		-	Section A. Sections 442.566, 442.571, 442.576, and 1
16		-	442.591, RSMo, are repealed and four new sections enacted in 2
17		-	lieu thereof, to be known as sections 442.566, 442.571, 442.576, 3
18		-	and 442.591, to read as follows:4
19		-	442.566. As used in sections 442.560 to 442.591, 1
20		-	unless the context clearly requires otherwise, the following 2
21		-	terms mean: 3
22		-	(1) "Agricultural land", any tract of land in this 4
23		-	state consisting of more than five acres, whether inside or 5
24		-	outside the corporate limits of any municipality, which is 6
25		-	capable, without substantial modification to the character 7
26		-	of the land, of supporti ng an agricultural enterprise, 8
27		-	including but not limited to land used for the production of 9
28		-	agricultural crops or fruit or other horticultural products, 10
29		-	or for the raising or feeding of animals for the production 11
30		-	of livestock or livestock products, pou ltry or poultry 12
31		-	products, or milk or dairy products. Adjacent parcels of 13
32		-	land under the same ownership shall be deemed to be a single 14
33		-	tract; 15 SCS SB 217 2
34		-	(2) "Alien", any person who is not a citizen of the 16
35		-	United States and who is not a resident of the Unite d States 17
36		-	or of some state, territory, trusteeship, or protectorate of 18
37		-	the United States; 19
38		-	(3) "Director", the director of the Missouri 20
39		-	department of agriculture; 21
40		-	(4) "Family members" includes all persons within the 22
41		-	ninth degree of consanguin ity, or the living or surviving 23
42		-	spouse of any person within the ninth degree of 24
43		-	consanguinity; 25
44		-	(5) "Foreign business", any business entity whether or 26
45		-	not incorporated, including but not limited to companies, 27
46		-	corporations, professional corporation s, nonprofit 28
47		-	corporations, limited liability companies, partnerships, 29
48		-	limited partnerships, [and] associations, or the equivalent 30
49		-	of any entity listed in this subdivision, in which a 31
50		-	controlling interest is owned by aliens or organized under 32
51		-	the laws of a foreign country, or both . In determining 33
52		-	ownership of a foreign business, legal fictions such as 34
53		-	corporate form or trust shall be disregarded; 35
54		-	(6) "Residence", the place of general abode; the place 36
55		-	of general abode of a person means his prin cipal, actual 37
56		-	dwelling place in fact, where he intends to remain 38
57		-	permanently or for an indefinite period of time at least. 39
58		-	442.571. 1. Except as provided in sections 442.586 1
59		-	and 442.591, [no alien or foreign business shall acquire b y 2
60		-	grant, purchase, devise, descent or otherwise agricultural 3
61		-	land in this state if the total aggregate alien and foreign 4
62		-	ownership of agricultural acreage in this state exceeds one 5
63		-	percent of the total aggregate agricultural acreage in this 6
64		-	state. A sale or transfer of any agricultural land in this 7
65		-	state shall be submitted to the director of the department 8 SCS SB 217 3
66		-	of agriculture for review in accordance with subsection 3 of 9
67		-	this section only if there is no completed Internal Revenue 10
68		-	Service Form W-9 signed by the purchaser] beginning on the 11
69		-	effective date of this act, no alien, foreign business, or 12
70		-	foreign government shall acquire by grant, purchase, devise, 13
71		-	descent, or otherwise any agricultural land in this state. 14
72		-	Any alien, foreign business, or for eign government who 15
73		-	acquired any agricultural land in this state prior to the 16
74		-	effective date of this act shall not grant, sell, or 17
75		-	otherwise transfer such agricultural land to any other 18
76		-	alien, foreign business, or foreign government on or after 19
77		-	the effective date of this act . No person may hold 20
78		-	agricultural land as an agent, trustee, or other fiduciary 21
79		-	for an alien [or], foreign business, or foreign government 22
80		-	in violation of sections 442.560 to 442.592, provided, 23
81		-	however, that no security interes t in such agricultural land 24
82		-	shall be divested or invalidated by such violation. 25
83		-	2. Any alien [or], foreign business, or foreign 26
84		-	government who acquires agricultural land in violation of 27
85		-	sections 442.560 to 442.592 remains in violation of sections 28
86		-	442.560 to 442.592 for as long as [he or she] the alien, 29
87		-	foreign business, or foreign government holds an interest in 30
88		-	the land, provided, however, that no security interest in 31
89		-	such agricultural land shall be divested or invalidated by 32
90		-	such violation. 33
91		-	3. Subject to the provisions of subsection 1 of this 34
92		-	section, [such] all proposed [acquisitions] transfers on or 35
93		-	after the effective date of this act by grant, purchase, 36
94		-	devise, descent, or otherwise of any interest in 37
95		-	agricultural land held by any alien, foreign business, or 38
96		-	foreign government in this state shall be submitted at least 39
97		-	thirty calendar days prior to when such transfers of such 40 SCS SB 217 4
98		-	agricultural land are finalized to the department of 41
99		-	agriculture to determine whether such [acquisition] transfer 42
100		-	of agricultural land , or if land usage changes, is conveyed 43
101		-	in accordance with the [one percent restriction on the total 44
102		-	aggregate] prohibition on alien and foreign ownership of 45
103		-	agricultural land in this state under this act. Such sale 46
104		-	or transfer submitted for review shall be deemed a closed 47
105		-	record under chapter 610 until such sale is finalized . The 48
106		-	department shall establish by rule the requirements for 49
107		-	submission and approval of requests under this subsection. 50
108		-	4. Any rule or portion of a rule, as that term is 51
109		-	defined in section 536.010, that is created under the 52
110		-	authority delegated in this section shall become effective 53
111		-	only if it complies with and is subject to all of the 54
112		-	provisions of chapter 536 and, if applicable, secti on 55
113		-	536.028. This section and chapter 536 are nonseverable and 56
114		-	if any of the powers vested with the general assembly 57
115		-	pursuant to chapter 536 to review, to delay the effective 58
116		-	date, or to disapprove and annul a rule are subsequently 59
117		-	held unconstitutional, then the grant of rulemaking 60
118		-	authority and any rule proposed or adopted after August 28, 61
119		-	2014, shall be invalid and void. 62
120		-	442.576. 1. If the director finds that an alien [or], 1
121		-	foreign business, or foreign government or an agent, 2
122		-	trustee, or other fiduciary therefor has acquired 3
123		-	agricultural land in Missouri [in violation of sections 4
124		-	442.560 to 442.592] after the effective date of this act , or 5
125		-	the land ceases to be used for nonagricultural purposes 6
126		-	under section 442.591, he o r she shall report the violation 7
127		-	to the attorney general. 8
128		-	2. The attorney general shall institute an action in 9
129		-	the circuit court of Cole County or the circuit court in any 10 SCS SB 217 5
130		-	county in which agricultural land owned by the alien or 11
131		-	foreign business, agent, trustee or other fiduciary, alleged 12
132		-	to have violated sections 442.560 to 442.592, is located. 13
133		-	3. The attorney general shall file a notice of the 14
134		-	pendency of the action with the recorder of deeds of each 15
135		-	county in which any portion of such a gricultural lands is 16
136		-	located. If the court finds that the lands in question have 17
137		-	been acquired in violation of sections 442.560 to 442.592, 18
138		-	it shall enter an order so declaring and shall file a copy 19
139		-	of the order with the recorder of deeds of each coun ty in 20
140		-	which any portion of the agricultural lands is located. The 21
141		-	court shall order the owner to divest himself of the 22
142		-	agricultural land. The owner must comply with the order 23
143		-	within two years. The two-year limitation period shall be a 24
144		-	covenant running with the title to the land against any 25
145		-	alien grantee or assignee. Provided, however, an 26
146		-	incorporated foreign business must divest itself of 27
147		-	agricultural land within the minimum time required by 28
148		-	Article XI, Section 5, of the Missouri Constitution. Any 29
149		-	agricultural lands not divested within the time prescribed 30
150		-	shall be ordered sold by the court at a public sale in the 31
151		-	manner prescribed by law for the foreclosure of a mortgage 32
152		-	on real estate for default in payment. 33
153		-	442.591. 1. As used in this section, the following 1
154		-	terms mean: 2
155		-	(1) "Foreign adversary", any foreign government or 3
156		-	person identified as a foreign adversary in 15 CFR 791.4; 4
157		-	(2) "Nonfarming", includes, but is not limited to, the 5
158		-	conducting and active op eration of research or 6
159		-	experimentation for the purpose of developing or improving 7
160		-	any type of agricultural practice, tool, device, or 8
161		-	implement, or animal health research, animal nutrition 9 SCS SB 217 6
162		-	research, raising genetic traits that are used for human or 10
163		-	animal research, or animals raised for exhibition. 11
164		-	2. The restrictions set forth in sections 442.560 to 12
165		-	442.592 shall not apply to agricultural land or any interest 13
166		-	therein acquired by an alien or foreign business for 14
167		-	immediate or potential use in n onfarming purposes. An alien 15
168		-	or foreign business may hold such agricultural land in such 16
169		-	acreage as may be necessary to its nonfarm business 17
170		-	operation; provided, however, that pending the development 18
171		-	of agricultural land for nonfarm purposes, such lan d may not 19
172		-	be used for farming except under lease to a family farm 20
173		-	unit; a family farm corporation defined in section 350.010; 21
174		-	an alien or foreign business which has filed with the 22
175		-	director under sections 442.560 to 442.592; or except when 23
176		-	controlled through ownership, options, leaseholds or other 24
177		-	agreements by a corporation which has entered into an 25
178		-	agreement with the United States of America pursuant to the 26
179		-	New Community Act of 1968 (Title IV of the Housing and Urban 27
180		-	Development Act of 1969, 42 U. S.C. 3901-3914), as amended, 28
181		-	or a subsidiary or assignee of such a corporation. 29
182		-	3. Beginning on the effective date of this act, no 30
183		-	foreign adversary shall own agricultural land in this state 31
184		-	for nonfarming purposes. 32
185		-	Section B. Because of the dangers of foreign ownership 1
186		-	of agricultural land, section A of this act is deemed 2
187		-	necessary for the immediate preservation of the public 3
188		-	health, welfare, peace, and safety, and is hereby declared 4
189		-	to be an emergency act within the meanin g of the 5
190		-	constitution, and section A of this act shall be in full 6
191		-	force and effect upon its passage and approval. 7
192		-	
	13	+	Section A. Sections 442.566, 442.571, 442.576, and
	14	+	442.591, RSMo, are repealed and four new sections enacted in
	15	+	lieu thereof, to be known as sections 442.566, 442.571, 442.576,
	16	+	and 442.591, to read as follows:
	17	+	442.566. As used in sections 442. 560 to 442.591,
	18	+	unless the context clearly requires otherwise, the following
	19	+	terms mean:
	20	+	(1) "Agricultural land", any tract of land in this
	21	+	state consisting of more than five acres, whether inside or
	22	+	outside the corporate limits of any municipali ty, which is
	23	+	capable, without substantial modification to the character
	24	+	of the land, of supporting an agricultural enterprise,
	25	+	including but not limited to land used for the production of
	26	+	agricultural crops or fruit or other horticultural products,
	27	+	or for the raising or feeding of animals for the production
	28	+	of livestock or livestock products, poultry or poultry
	29	+	products, or milk or dairy products. Adjacent parcels of
	30	+	land under the same ownership shall be deemed to be a single
	31	+	tract;
	32	+	(2) "Alien", any person who is not a citizen of the
	33	+	United States and who is not a resident of the United States
	34	+	or of some state, territory, trusteeship, or protectorate of
	35	+	the United States;
	36	+	2
	37	+	(3) "Director", the director of the Missouri
	38	+	department of agriculture;
	39	+	(4) "Family members" includes all persons within the
	40	+	ninth degree of consanguinity, or the living or surviving
	41	+	spouse of any person within the ninth degree of
	42	+	consanguinity;
	43	+	(5) "Foreign business", any business entity whether or
	44	+	not incorporated, including but not limited to companies,
	45	+	corporations, professional corporations, nonprofit
	46	+	corporations, limited liability companies, partnerships,
	47	+	limited partnerships, [and] associations, or the equivalent
	48	+	of any entity listed in t his subdivision, in which a
	49	+	controlling interest is owned by aliens or organized under
	50	+	the laws of a foreign country, or both . In determining
	51	+	ownership of a foreign business, legal fictions such as
	52	+	corporate form or trust shall be disregarded;
	53	+	(6) "Residence", the place of general abode; the place
	54	+	of general abode of a person means his principal, actual
	55	+	dwelling place in fact, where he intends to remain
	56	+	permanently or for an indefinite period of time at least.
	57	+	442.571. 1. Except as provided in sections 442.586
	58	+	and 442.591, [no alien or foreign business shall acquire by
	59	+	grant, purchase, devise, descent or otherwise agricultural
	60	+	land in this state if the total aggregate alien and foreign
	61	+	ownership of agricultural acreage in this state exceeds one
	62	+	percent of the total aggregate agricultural acreage in this
	63	+	state. A sale or transfer of any agricultural land in this
	64	+	state shall be submitted to the director of the department
	65	+	of agriculture for review in accordance with subse ction 3 of
	66	+	this section only if there is no completed Internal Revenue
	67	+	Service Form W-9 signed by the purchaser ] beginning on the
	68	+	effective date of this act, no alien, foreign business, or
	69	+	foreign government shall acquire by grant, purchase, devise,
	70	+	3
	71	+	descent, or otherwise any agricultural land in this state.
	72	+	Any alien, foreign business, or foreign government who
	73	+	acquired any agricultural land in this state prior to the
	74	+	effective date of this act shall not grant, sell, or
	75	+	otherwise transfer such agr icultural land to any other
	76	+	alien, foreign business, or foreign government on or after
	77	+	the effective date of this act . No person may hold
	78	+	agricultural land as an agent, trustee, or other fiduciary
	79	+	for an alien [or], foreign business, or foreign government
	80	+	in violation of sections 442.560 to 442.592, provided,
	81	+	however, that no security interest in such agricultural land
	82	+	shall be divested or invalidated by such violation.
	83	+	2. Any alien [or], foreign business, or foreign
	84	+	government who acquires agricultural land in violation of
	85	+	sections 442.560 to 442.592 remains in violation of sections
	86	+	442.560 to 442.592 for as long as [he or she] the alien,
	87	+	foreign business, or foreign government holds an interest in
	88	+	the land, provided, however, that no sec urity interest in
	89	+	such agricultural land shall be divested or invalidated by
	90	+	such violation.
	91	+	3. Subject to the provisions of subsection 1 of this
	92	+	section, [such] all proposed [acquisitions] transfers on or
	93	+	after the effective date of this act by grant, purchase,
	94	+	devise, descent, or otherwise of any interest in
	95	+	agricultural land held by any alien, foreign business, or
	96	+	foreign government in this state shall be submitted at least
	97	+	thirty calendar days prior to when such transfers of such
	98	+	agricultural land are finalized to the department of
	99	+	agriculture to determine whether such [acquisition] transfer
	100	+	of agricultural land , or if land usage changes, is conveyed
	101	+	in accordance with the [one percent restriction on the total
	102	+	aggregate] prohibition on alien and foreign ownership of
	103	+	agricultural land in this state under this act. Such sale
	104	+	4
	105	+	or transfer submitted for review shall be deemed a closed
	106	+	record under chapter 610 until such sale is finalized . The
	107	+	department shall establish by rule the requ irements for
	108	+	submission and approval of requests under this subsection.
	109	+	4. Any rule or portion of a rule, as that term is
	110	+	defined in section 536.010, that is created under the
	111	+	authority delegated in this section shall become effective
	112	+	only if it complies with and is subject to all of the
	113	+	provisions of chapter 536 and, if applicable, section
	114	+	536.028. This section and chapter 536 are nonseverable and
	115	+	if any of the powers vested with the general assembly
	116	+	pursuant to chapter 536 to review, to del ay the effective
	117	+	date, or to disapprove and annul a rule are subsequently
	118	+	held unconstitutional, then the grant of rulemaking
	119	+	authority and any rule proposed or adopted after August 28,
	120	+	2014, shall be invalid and void.
	121	+	442.576. 1. If the director finds that an alien [or],
	122	+	foreign business, or foreign government or an agent,
	123	+	trustee, or other fiduciary therefor has acquired
	124	+	agricultural land in Missouri [in violation of sections
	125	+	442.560 to 442.592] after the effective date of this a ct, or
	126	+	the land ceases to be used for nonagricultural purposes
	127	+	under section 442.591, he or she shall report the violation
	128	+	to the attorney general.
	129	+	2. The attorney general shall institute an action in
	130	+	the circuit court of Cole County or the circu it court in any
	131	+	county in which agricultural land owned by the alien or
	132	+	foreign business, agent, trustee or other fiduciary, alleged
	133	+	to have violated sections 442.560 to 442.592, is located.
	134	+	3. The attorney general shall file a notice of the
	135	+	pendency of the action with the recorder of deeds of each
	136	+	county in which any portion of such agricultural lands is
	137	+	located. If the court finds that the lands in question have
	138	+	5
	139	+	been acquired in violation of sections 442.560 to 442.592,
	140	+	it shall enter an or der so declaring and shall file a copy
	141	+	of the order with the recorder of deeds of each county in
	142	+	which any portion of the agricultural lands is located. The
	143	+	court shall order the owner to divest himself of the
	144	+	agricultural land. The owner must comply with the order
	145	+	within two years. The two-year limitation period shall be a
	146	+	covenant running with the title to the land against any
	147	+	alien grantee or assignee. Provided, however, an
	148	+	incorporated foreign business must divest itself of
	149	+	agricultural land within the minimum time required by
	150	+	Article XI, Section 5, of the Missouri Constitution. Any
	151	+	agricultural lands not divested within the time prescribed
	152	+	shall be ordered sold by the court at a public sale in the
	153	+	manner prescribed by law for the forec losure of a mortgage
	154	+	on real estate for default in payment.
	155	+	442.591. 1. As used in this section, the following
	156	+	terms mean:
	157	+	(1) "Foreign adversary", any foreign government or
	158	+	person identified as a foreign adversary in 15 CFR 791. 4;
	159	+	(2) "Nonfarming", includes, but is not limited to, the
	160	+	conducting and active operation of research or
	161	+	experimentation for the purpose of developing or improving
	162	+	any type of agricultural practice, tool, device, or
	163	+	implement, or animal health re search, animal nutrition
	164	+	research, raising genetic traits that are used for human or
	165	+	animal research, or animals raised for exhibition.
	166	+	2. The restrictions set forth in sections 442.560 to
	167	+	442.592 shall not apply to agricultural land or any intere st
	168	+	therein acquired by an alien or foreign business for
	169	+	immediate or potential use in nonfarming purposes. An alien
	170	+	or foreign business may hold such agricultural land in such
	171	+	acreage as may be necessary to its nonfarm business
	172	+	6
	173	+	operation; provided, h owever, that pending the development
	174	+	of agricultural land for nonfarm purposes, such land may not
	175	+	be used for farming except under lease to a family farm
	176	+	unit; a family farm corporation defined in section 350.010;
	177	+	an alien or foreign business which has filed with the
	178	+	director under sections 442.560 to 442.592; or except when
	179	+	controlled through ownership, options, leaseholds or other
	180	+	agreements by a corporation which has entered into an
	181	+	agreement with the United States of America pursuant to the
	182	+	New Community Act of 1968 (Title IV of the Housing and Urban
	183	+	Development Act of 1969, 42 U.S.C. 3901 -3914), as amended,
	184	+	or a subsidiary or assignee of such a corporation.
	185	+	3. Beginning on the effective date of this act, no
	186	+	foreign adversary shall own agricultural land in this state
	187	+	for nonfarming purposes.
	188	+	Section B. Because of the dangers of foreign ownership
	189	+	of agricultural land, section A of this act is deemed
	190	+	necessary for the immediate preservation of the public
	191	+	health, welfare, peace, and safety, and is hereby declared
	192	+	to be an emergency act within the meaning of the
	193	+	constitution, and section A of this act shall be in full
	194	+	force and effect upon its passage and approval.