| 1 | 1 | | |
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| 2 | 2 | | HOUSE BILL 219 |
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| 3 | 3 | | By Reedy |
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| 4 | 4 | | |
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| 5 | 5 | | SENATE BILL 519 |
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| 6 | 6 | | By Roberts |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | SB0519 |
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| 10 | 10 | | 000020 |
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| 11 | 11 | | - 1 - |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 66, |
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| 14 | 14 | | Chapter 2, Part 3, relative to property. |
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| 15 | 15 | | |
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| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 17 | | SECTION 1. Tennessee Code Annotated, Title 66, Chapter 2, Part 3, is amended by |
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| 18 | 18 | | adding the following as a new section: |
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| 19 | 19 | | (a) As used in this section: |
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| 20 | 20 | | (1) "Commissioner" means the commissioner of agriculture or the |
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| 21 | 21 | | commissioner's designee; |
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| 22 | 22 | | (2) "Foreign person", as defined under the federal Agricultural Foreign |
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| 23 | 23 | | Investment Disclosure Act (7 U.S.C. ยง 3501 et seq.), means: |
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| 24 | 24 | | (A) An individual: |
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| 25 | 25 | | (i) Who is not a citizen or national of the United States; |
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| 26 | 26 | | (ii) Who is not a citizen of the Northern Mariana Islands or |
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| 27 | 27 | | the Trust Territory of the Pacific Islands; or |
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| 28 | 28 | | (iii) Who is not lawfully admitted to the United States for |
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| 29 | 29 | | permanent residence, or paroled into the United States, under the |
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| 30 | 30 | | federal Immigration and Nationality Act (8 U.S.C. 1101 et seq.); |
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| 31 | 31 | | (B) A person, other than an individual or a government, which is |
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| 32 | 32 | | created or organized under the laws of a foreign government or that has |
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| 33 | 33 | | its principal place of business located outside of all the United States; |
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| 34 | 34 | | (C) A person, other than an individual or a government: |
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| 35 | 35 | | |
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| 36 | 36 | | |
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| 37 | 37 | | - 2 - 000020 |
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| 38 | 38 | | |
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| 39 | 39 | | (i) Which is created or organized under the laws of any |
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| 40 | 40 | | state; and |
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| 41 | 41 | | (ii) In which, as determined by the United States secretary |
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| 42 | 42 | | of agriculture, under regulations the secretary shall prescribe, a |
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| 43 | 43 | | significant interest or substantial control is directly or indirectly |
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| 44 | 44 | | held: |
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| 45 | 45 | | (a) By an individual referred to in subdivision |
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| 46 | 46 | | (a)(2)(A); |
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| 47 | 47 | | (b) By a person referred to in subdivision (a)(2)(B); |
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| 48 | 48 | | (c) By a foreign government; or |
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| 49 | 49 | | (d) By any combination of such individuals, |
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| 50 | 50 | | persons, or governments; or |
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| 51 | 51 | | (D) A foreign government; and |
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| 52 | 52 | | (3) "Person" includes an individual, corporation, company, association, |
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| 53 | 53 | | firm, partnership, society, joint stock company, trust, estate, or other legal entity. |
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| 54 | 54 | | (b) A foreign person required to make a report to the United States department |
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| 55 | 55 | | of agriculture under the federal Agricultural Foreign Investment Disclosure Act, shall also |
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| 56 | 56 | | file a copy of the required report with the commissioner within the time period required |
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| 57 | 57 | | under the federal Agricultural Foreign Investment Disclosure Act . |
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| 58 | 58 | | (c) The commissioner shall notify the attorney general and reporter of a foreign |
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| 59 | 59 | | person's failure to file a copy of the report as required under subsection (b), whereupon |
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| 60 | 60 | | the attorney general and reporter: |
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| 61 | 61 | | (1) Shall impose a civil penalty not to exceed twenty-five (25%) of the fair |
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| 62 | 62 | | market value, on the date of the assessment of the penalty, of the interest in the |
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| 63 | 63 | | |
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| 64 | 64 | | |
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| 65 | 65 | | - 3 - 000020 |
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| 66 | 66 | | |
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| 67 | 67 | | agricultural land for such failure to file the report with the commissioner as |
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| 68 | 68 | | required under subsection (b); and |
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| 69 | 69 | | (2) May bring action to collect the civil penalty in the circuit court of any |
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| 70 | 70 | | county in which any portion of the agricultural land acquired is located. |
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| 71 | 71 | | (d) |
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| 72 | 72 | | (1) This section expires upon the repeal of the federal Agricultural |
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| 73 | 73 | | Foreign Investment Disclosure Act. |
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| 74 | 74 | | (2) The commissioner shall notify the executive secretary of the |
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| 75 | 75 | | Tennessee code commission in writing of the repeal of the federal Agricultural |
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| 76 | 76 | | Foreign Investment Disclosure Act. |
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| 77 | 77 | | SECTION 2. The commissioner of agriculture is authorized to promulgate rules to |
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| 78 | 78 | | effectuate this act. The rules must be promulgated in accordance with the Uniform |
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| 79 | 79 | | Administrative Procedures Act, compiled in Tennessee Code Annotated, Title 4, Chapter 5. |
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| 80 | 80 | | SECTION 3. For the purpose of promulgating rules, this act takes effect upon becoming |
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| 81 | 81 | | a law, the public welfare requiring it, and applies to reports made to the United States |
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| 82 | 82 | | department of agriculture on or after July 1, 2025. |
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