Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB269 Compare Versions

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

Old	New	Differences
1	1	LRB-2798/1
2	2	KRP:emw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 269
5	5	May 17, 2023 - Introduced by Representatives PENTERMAN, BINSFELD, BRANDTJEN,
6	6	DONOVAN, GUNDRUM, MAXEY, MURPHY, MURSAU, O'CONNOR, RETTINGER, ROZAR,
7	7	SCHUTT, TITTL and WICHGERS, cosponsored by Senators JACQUE, BALLWEG,
8	8	STAFSHOLT, STROEBEL and QUINN. Referred to Committee on Agriculture.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to renumber and amend 710.02 (1) and 710.02 (9); to amend 710.02
11	11	(2) (intro.), 710.02 (3), 710.02 (5) (a) (intro.), 710.02 (5) (a) 1., 710.02 (5) (a) 2.
12	12	and 710.02 (6); and to create 710.02 (1g), 710.02 (1r) (d) and 710.02 (9) (b) of
13	13	the statutes; relating to: prohibiting a foreign adversary from acquiring
14	14	agricultural or forestry land in this state.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill generally prohibits a foreign adversary from acquiring agricultural or
17	17	forestry land in this state. In the bill, “foreign adversary” means a foreign
18	18	government or nongovernment person determined by the federal secretary of
19	19	commerce to have engaged in a long-term pattern or serious instances of conduct
20	20	significantly adverse to the national security of the United States or security and
21	21	safety of U.S. persons.
22	22	Current law generally prohibits a nonresident alien or a corporation that is not
23	23	created under federal law or the laws of any state (foreign person) from acquiring,
24	24	owning, or holding more than 640 acres of land in this state. However, that
25	25	prohibition does not apply to any of the following activities:
26	26	1. An exploration mining lease and land used for certain mining and associated
27	27	activities.
28	28	2. Certain manufacturing activities.
29	29	3. Certain mercantile activities.
30	30	1
31	31	2
32	32	3
33	33	4
34	34	5 - 2 -2023 - 2024 Legislature LRB-2798/1
35	35	KRP:emw
36	36	ASSEMBLY BILL 269
37	37	4. A lease for exploration or production of oil, gas, coal, shale, and related
38	38	hydrocarbons, including by-products of the production, and land used in connection
39	39	with the exploration or production.
40	40	Those exceptions have been interpreted to be “extremely broad, embracing
41	41	almost every conceivable business activity [other than a]ctivities relating to
42	42	agriculture and forestry.” See Opinion of Wis. Att'y Gen., OAG 11-14, ¶5, available
43	43	at https://www.doj.state.wi.us. In other words, under current law, a foreign person
44	44	may acquire, own, and hold unlimited amounts of land for most nonagricultural and
45	45	nonforestry purposes, but a foreign person may not acquire, own, or hold more than
46	46	640 acres of land for agricultural or forestry purposes.
47	47	The bill retains the current law restriction on foreign person ownership of
48	48	agricultural and forestry land and adds a provision that prohibits a foreign
49	49	adversary from acquiring any land for agricultural or forestry purposes.
50	50	The people of the state of Wisconsin, represented in senate and assembly, do
51	51	enact as follows:
52	52	SECTION 1. 710.02 (1) of the statutes is renumbered 710.02 (1r) and amended
53	53	to read:
54	54	710.02 (1r) LIMITATION. The following persons may not acquire, own, or hold
55	55	any interest, directly or indirectly, except an interest used to secure repayment of a
56	56	debt incurred in good faith, in more than 640 acres of land in this state in excess of
57	57	the following amounts:
58	58	(a) Aliens Except as provided in par. (d), aliens not residents of a state of the
59	59	United States, not more than 640 acres.
60	60	(b) Corporations Except as provided in par. (d), corporations not created under
61	61	the laws of the United States or a state of the United States, not more than 640 acres.
62	62	(c) 1. Corporations Except as provided in par. (d), corporations, limited liability
63	63	companies, partnerships, or associations having more than 20 percent of their stock,
64	64	securities, or other indicia of ownership held or owned by persons under par. (a) or
65	65	(b), not more than 640 acres.
66	66	1
67	67	2
68	68	3
69	69	4
70	70	5
71	71	6
72	72	7
73	73	8
74	74	9
75	75	10
76	76	11
77	77	12
78	78	13
79	79	14 - 3 -2023 - 2024 Legislature
80	80	LRB-2798/1
81	81	KRP:emw
82	82	SECTION 1
83	83	ASSEMBLY BILL 269
84	84	2. Trusts Except as provided in par. (d), trusts having more than 20 percent of
85	85	the value of their assets held for the benefit of persons under par. (a) or (b), not more
86	86	than 640 acres.
87	87	SECTION 2. 710.02 (1g) of the statutes is created to read:
88	88	710.02 (1g) DEFINITION. In this section, “foreign adversary” means a foreign
89	89	government or nongovernment person determined by the federal secretary of
90	90	commerce to have engaged in a long-term pattern or serious instances of conduct
91	91	significantly adverse to the national security of the United States or security and
92	92	safety of U.S. persons.
93	93	SECTION 3. 710.02 (1r) (d) of the statutes is created to read:
94	94	710.02 (1r) (d) Foreign adversaries may not acquire, own, or hold any land in
95	95	this state.
96	96	SECTION 4. 710.02 (2) (intro.) of the statutes is amended to read:
97	97	710.02 (2) EXCEPTIONS. (intro.) Except as provided in sub. (3), sub. (1) (1r) does
98	98	not apply to:
99	99	SECTION 5. 710.02 (3) of the statutes is amended to read:
100	100	710.02 (3) USE OF LAND RESTRICTED. Land in excess of 640 acres, acquired by
101	101	a A person listed under sub. (1) (1r), other than a person listed under sub. (2) (a), (b),
102	102	or (c), that acquires land in excess of the amount allowed under sub. (1r) for an
103	103	activity listed under sub. (2) (d), (e), (f), or (g), may not be used directly or indirectly
104	104	by that person use the land for any activity not listed under sub. (2) (d), (e), (f), or (g).
105	105	Pending the conversion and development of the land for a purpose permitted allowed
106	106	under sub. (2) (d), (e), (f), or (g), it the person may be used use the land for agriculture
107	107	or forestry purposes under a lease to a person not subject to sub. (1) (1r). Products
108	108	of the land may be sold by the lessee to the owner of the land.
109	109	1
110	110	2
111	111	3
112	112	4
113	113	5
114	114	6
115	115	7
116	116	8
117	117	9
118	118	10
119	119	11
120	120	12
121	121	13
122	122	14
123	123	15
124	124	16
125	125	17
126	126	18
127	127	19
128	128	20
129	129	21
130	130	22
131	131	23
132	132	24
133	133	25 - 4 -2023 - 2024 Legislature LRB-2798/1
134	134	KRP:emw
135	135	SECTION 6 ASSEMBLY BILL 269
136	136	SECTION 6. 710.02 (5) (a) (intro.) of the statutes is amended to read:
137	137	710.02 (5) (a) (intro.) Interests exceeding 640 acres the amounts allowed under
138	138	sub. (1r) that are acquired by persons under sub. (1) (1r) shall be divested at the
139	139	discretion of the holder to comply with sub. (1) (1r) within 4 years after:
140	140	SECTION 7. 710.02 (5) (a) 1. of the statutes is amended to read:
141	141	710.02 (5) (a) 1. Acquiring the interest, if the interest is described under sub.
142	142	(2) (a) and the person is subject to sub. (1) (1r) (a) or (b).
143	143	SECTION 8. 710.02 (5) (a) 2. of the statutes is amended to read:
144	144	710.02 (5) (a) 2. Acquiring the interest or becoming subject to sub. (1) (1r) (c),
145	145	whichever is later, if the person is subject to sub. (1) (1r) (c).
146	146	SECTION 9. 710.02 (6) of the statutes is amended to read:
147	147	710.02 (6) FORFEITURES. Interests in lands in excess of 640 acres the amounts
148	148	allowed under sub. (1r) that are acquired or held in violation of this section are
149	149	forfeited to the state. The holder of the interest shall determine which lands are to
150	150	be forfeited to comply with sub. (1) (1r).
151	151	SECTION 10. 710.02 (9) of the statutes is renumbered 710.02 (9) (a) and
152	152	amended to read:
153	153	710.02 (9) (a) This Except as provided in par. (b), this section applies to
154	154	interests in land acquired after July 1, 1982. No interest acquired before July 1,
155	155	1982, is subject to divestiture or forfeiture under this section.
156	156	SECTION 11. 710.02 (9) (b) of the statutes is created to read:
157	157	710.02 (9) (b) Subsection (1r) (d) applies to interests in land acquired by a
158	158	foreign adversary on or after the first day of the first month beginning after the
159	159	effective date of this paragraph .... [LRB inserts date], or the date on which the
160	160	federal secretary of commerce determines the person is a foreign adversary,
161	161	1
162	162	2
163	163	3
164	164	4
165	165	5
166	166	6
167	167	7
168	168	8
169	169	9
170	170	10
171	171	11
172	172	12
173	173	13
174	174	14
175	175	15
176	176	16
177	177	17
178	178	18
179	179	19
180	180	20
181	181	21
182	182	22
183	183	23
184	184	24
185	185	25 - 5 -2023 - 2024 Legislature
186	186	LRB-2798/1
187	187	KRP:emw
188	188	SECTION 11
189	189	ASSEMBLY BILL 269
190	190	whichever occurs later. No interest acquired by the foreign adversary before the date
191	191	on which sub. (1r) (d) first applies, as specified in this paragraph, is subject to
192	192	divestiture or forfeiture under this section.
193	193	(END)
194	194	1
195	195	2
196	196	3
197	197	4