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REFERENCE TITLE: designated countries; land ownership; prohibition |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SB 1403 |
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Introduced by Senators Shamp: Bolick, Carroll, Fernandez, Gowan, Kerr
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An Act
amending title 33, chapter 4, article 3, Arizona Revised Statutes, by adding section 33-443; relating to property conveyances and deeds.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 4, article 3, Arizona Revised Statutes, is amended by section 33-443, to read:
33-443. Prohibition against land ownership; foreign principals; enforcement; definitions
A. Notwithstanding any other law, a foreign principal from a designated country may not, directly or indirectly, purchase, lease, own, acquire by grant or devise or have any other interest in real property in this state.
B. The attorney general shall enforce this section. if the attorney general reasonably suspects a violation of this section occurred, the attorney general shall commence an action in superior court in the county in which the real property is located.
C. If the superior court finds that title or any interest in real property was obtained in violation of subsection A of this section, the court shall enter an order:
1. Stating the court's findings.
2. Divesting the person's interest.
3. Directing the board of supervisors to sell the real property in a manner that is consistent with title 42, chapter 18, article 7, except that the board of supervisors shall forward any balance remaining after paying the taxes, interests, penalties, fees and costs to the state treasurer for deposit in the state general fund.
d. A title insurer, title agent, escrow agent or real estate licensee may not be held liable for any violation of this section.
E. A violation of this SECTION may not be the basis for a title insurance claim for any title insurance policy issued for property in this state.
F. For the purposes of this section:
1. "Designated country" means a country that is identified by the United States director of national intelligence as a country that poses a risk to the national security of the United States in each of the three most recent annual threat assessments of the United States intelligence community issued pursuant to section 108b of the national security act of 1947 (50 United States Code section 3043b).
2. "Foreign principal" means any of the following:
(a) The government or any official of the government from a designated country.
(b) A political party or member of a political party from a designated country.
(c) Any person who is a citizen of a designated country or domiciled in a designated country and who is not a citizen or lawful permanent resident of the United States.
(d) any BUSINESS or other entity that is DOMICILED in a DESIGNATED country.
(e) any business or other entity in which more than the majority of the business's or entity's ownership belongs to an ENtITY DOMICILED in a DESIGNATED country.
(f) any business or other entity where the majority of the board of directors is controlled by an ENTITY DOMICILED in an designated country.
Sec. 2. Legislative findings
The legislature finds:
1. This act is necessary to protect this state from global security threats and halt or reverse the influence operation of the Chinese Communist Party or other adverse nations or entities that poses a risk to the national security of the United States.
2. This act is necessary to protect the critical infrastructure of this state.
3. This act's protection of this state's military, commercial and agricultural assets from foreign espionage and sabotage will place this state in a significantly stronger position to withstand national security threats.