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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
communist party; property ownership; prohibition
Purpose
Prohibits the Chinese Communist Party (CCP) and its members from owning real property in Arizona. Deems a deed for any real estate conveyance in which the CCP or its members are the recipient to be invalid.
Background
Every deed or conveyance of real property must be: 1) in writing; 2) signed by the grantor; and 3) duly acknowledged before an officer authorized to take acknowledgements (A.R.S. § 33-401). No instrument affecting real property gives notice of its contents to subsequent purchasers or encumbrance holders for valuable consideration without notice, unless recorded as provided by law in the office of the county recorder of the county in which the property is located (A.R.S. § 33-411).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits the CCP and its members from owning real property in Arizona.
2. Deems a deed for any real estate conveyance in which the CCP or its members are the recipient to be invalid.
3. Defines foreign entity as:
a) a foreign government or state-controlled enterprise of a foreign government;
b) a company or other entity that is:
i. headquartered in China, Cuba, Iran, North Korea, Russia, Syria or Venezuela;
ii. directly or indirectly held or controlled by the government of China, Cuba, Iran, North Korea, Russia, Syria or Venezuela;
iii. owned by a majority of stock or other ownership interest of which is held or controlled by individuals who are citizens of China, Cuba, Iran, North Korea, Russia, Syria, Venezuela;
c) a company or entity that is owned by or the majority of stock or other ownership which is held or controlled by a company or entity that is headquartered or indirectly or directly controlled by the list of prescribed countries; or
d) an individual who is a citizen of China, Cuba, Iran, North Korea, Russia, Syria or Venezuela.
4. Specifies that a foreign entity does not include the U. S. government or its states, territories or possessions.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Includes a foreign entity in the prohibition relating to owning real property in Arizona and defines foreign entity.
Senate Action
GOV 2/16/23 DPA 5-3-0
Prepared by Senate Research
February 17, 2023
AN/slp