Bill Text: IL SB2668 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Property Owned By Noncitizens Act. Provides that a prohibited foreign-party-controlled business shall not acquire by grant, purchase, devise, descent, or otherwise any interest in public or private land in the State. Provides that a prohibited foreign-party-controlled business entity in violation of the provisions has 2 years to divest of the public or private land, and if a prohibited foreign-party-controlled business entity does not divest the public or private land, the Attorney General shall commence an action in the circuit court within the jurisdiction of the public or private land. Provides that a prohibited foreign party shall not acquire by grant, purchase, devise, descent, or otherwise any interest in agricultural land in the State regardless of whether the prohibited foreign party intends to use the agricultural land for nonfarming purposes. Provides that a prohibited foreign party who is a resident alien of the United States shall have the right to acquire and hold agricultural land in the State upon the same terms as a citizen of the United States during the continuance of his or her residence in the State, but if a prohibited foreign party is no longer a resident alien, he or she shall have 2 years to divest of the agricultural land, and that if the prohibited foreign party does not divest of the agricultural land as required, the Attorney General shall commence an action in circuit court within the jurisdiction of the agricultural land. Provides that violation of the provisions by either a prohibited foreign-party-controlled business entity or a prohibited foreign party owning agricultural land shall, upon conviction, be guilty of a Class 4 felony punishable by not more than 2 years imprisonment in the custody of the Department of Corrections or a $15,000 fine, or both. Creates the Office of Agricultural Intelligence within the Department of Agriculture to collect and analyze information concerning the unlawful sale or possession of agricultural land by prohibited foreign parties and administer and enforce the provisions of the Act.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced) 2024-01-30 - Added as Chief Co-Sponsor Sen. Tom Bennett [SB2668 Detail]

Download: Illinois-2023-SB2668-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2668 Introduced 1/10/2024, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
See Index
Amends the Property Owned By Noncitizens Act. Provides that a prohibited foreign-party-controlled business shall not acquire by grant, purchase, devise, descent, or otherwise any interest in public or private land in the State. Provides that a prohibited foreign-party-controlled business entity in violation of the provisions has 2 years to divest of the public or private land, and if a prohibited foreign-party-controlled business entity does not divest the public or private land, the Attorney General shall commence an action in the circuit court within the jurisdiction of the public or private land. Provides that a prohibited foreign party shall not acquire by grant, purchase, devise, descent, or otherwise any interest in agricultural land in the State regardless of whether the prohibited foreign party intends to use the agricultural land for nonfarming purposes. Provides that a prohibited foreign party who is a resident alien of the United States shall have the right to acquire and hold agricultural land in the State upon the same terms as a citizen of the United States during the continuance of his or her residence in the State, but if a prohibited foreign party is no longer a resident alien, he or she shall have 2 years to divest of the agricultural land, and that if the prohibited foreign party does not divest of the agricultural land as required, the Attorney General shall commence an action in circuit court within the jurisdiction of the agricultural land. Provides that violation of the provisions by either a prohibited foreign-party-controlled business entity or a prohibited foreign party owning agricultural land shall, upon conviction, be guilty of a Class 4 felony punishable by not more than 2 years imprisonment in the custody of the Department of Corrections or a $15,000 fine, or both. Creates the Office of Agricultural Intelligence within the Department of Agriculture to collect and analyze information concerning the unlawful sale or possession of agricultural land by prohibited foreign parties and administer and enforce the provisions of the Act.
LRB103 34872 LNS 64735 b
A BILL FOR
SB2668 LRB103 34872 LNS 64735 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Policy. It is the declared policy of the State
to conserve, protect, and encourage the development and
improvement of its agricultural and forest lands and other
facilities for the production of food, fiber, and other
agricultural and silvicultural products.
Section 5. The Property Owned By Noncitizens Act is
amended by changing Section 7 and by adding Sections 1, 9, 10,
11, and 12 as follows:
(765 ILCS 60/1 new)
Sec. 1. Definitions. As used in this Act:
"Agricultural land" means any land in the State that is
outside the corporate limits of a municipality and is:
(1) used for forestry production, including, but not
limited to, land exceeding 10 acres in which 10% of the
land is stocked by trees of any size, including land that
formerly had trees of any size covering the land that will
be naturally or artificially regenerated; or
(2) currently used for, or, if currently idle, land
last used within the past 5 years, for farming, ranching,

SB2668 - 2 - LRB103 34872 LNS 64735 b
or timber production, except land not exceeding 10 acres
in the aggregate, if the annual gross receipts from the
sale of the farm, ranch, or timber products produced on
the land do not exceed $1,000, including, but not limited
to, land used for activities described in the Standard
Industrial Classification Manual (1987), Division A,
exclusive of industry numbers 0711-0783, 0851, and
0912-0919, which cover animal trapping, game management,
hunting carried on as a business enterprise, trapping
carried on as a business enterprise, and wildlife
management.
"Agricultural land" does not include oil, gas, and all
other minerals, including coal, lignite, brine, and all
minerals known and recognized as commercial minerals
underlying the land.
"Controlling interest" means an ownership interest of 50%
or more, in the aggregate.
"Foreign government" means any government other than (i)
the federal government or (ii) the government of a state or a
political subdivision of a state.
"Interest in agricultural land" means the direct interest
acquired, transferred, or held in agricultural land,
including, but not limited to, a lease of agricultural land:
(1) for a term of one year or longer; or
(2) renewable by option for terms that, if the options
were all exercised, would total one year.

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"Party" means any individual, corporation, company,
association, firm, partnership, society, joint-stock company,
trust, estate, or any other legal entity.
"Prohibited foreign-party-controlled business" means a
corporation, company, association, firm, partnership, society,
joint-stock company, trust, estate, or other legal entity
whose controlling interest is owned by a prohibited foreign
party.
"Prohibited foreign party" means:
(1) a citizen or resident of a country subject to the
International Traffic in Arms Regulation, 22 CFR 120-130;
(2) a foreign government formed within a country
subject to the International Traffic in Arms Regulation,
22 CFR 120-130;
(3) a party, other than an individual or a government,
created or organized under the laws of a foreign
government within a country subject to the International
Traffic in Arms Regulation, 22 CFR 120-130;
(4) any party, other than an individual or a
government:
(A) that is created or organized under the laws of
any state; and
(B) in which a significant interest or substantial
control is directly or indirectly held or is capable
of being exercised by:
(i) an individual referred to in paragraph (1)

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of this definition;
(ii) a foreign government referred to in
paragraph (2) of this definition;
(iii) a party referred to in paragraph (3) of
this definition; or
(iv) a combination of the individuals,
parties, or governments referred to in this
subparagraph;
(5) an entity of particular concern designated by the
United States Department of State; or
(6) an agent, trustee, or other fiduciary of a person
or entity enumerated in paragraphs (1) through (5) of this
definition.
"Residence" means a person's principal dwelling place
where the person intends to remain permanently for an
indefinite period of time.
"Resident alien" means a person who:
(1) is not a citizen of the United States; and
(2) is a resident of a:
(A) state of the United States;
(B) territory of the United States;
(C) trusteeship of the United States; or
(D) protectorate of the United States.
"Significant interest" or "substantial control" means:
(1) an interest of 33% or more held by:
(A) a party referred to in paragraph (4) of the

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definition of "prohibited foreign party";
(B) a party referred to in paragraph (1) of the
definition of "prohibited foreign party";
(C) a party referred to in paragraph (3) of the
definition of "prohibited foreign party"; or
(D) a single government referred to in paragraph
(2) of the definition of "prohibited foreign party";
(2) an interest of 33% or more held whenever the
parties, individuals, or governments referred to in
subparagraph (A) of paragraph (1) of this definition are
acting in concert with respect to the interest even though
no single individual, party, or government holds an
interest of 33% or more; or
(3) an interest of 50% or more, in the aggregate, held
by parties, individuals, or governments referred to in
subparagraph (A) of paragraph (1) of this definition even
though the individuals, parties, or foreign governments
may not be acting in concert.
(765 ILCS 60/7) (from Ch. 6, par. 7)
Sec. 7. Except as provided in Sections 9, 10, and 11, all
All noncitizens may acquire, hold, and dispose of real and
personal property in the same manner and to the same extent as
natural born citizens of the United States, and the personal
estate of a noncitizen dying intestate shall be distributed in
the same manner as the estates of natural born citizens, and

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all persons interested in such estate shall be entitled to
proper distributive shares thereof under the laws of this
state, whether they are noncitizens or not.
This amendatory Act of 1992 does not apply to the
Agricultural Foreign Investment Disclosure Act.
(Source: P.A. 102-1030, eff. 5-27-22.)
(765 ILCS 60/9 new)
Sec. 9. Land ownership by prohibited
foreign-party-controlled business prohibited.
(a) A prohibited foreign-party-controlled business shall
not acquire by grant, purchase, devise, descent, or otherwise
any interest in public or private land in this State. A party
may not hold public or private land as an agent, trustee, or
other fiduciary for a prohibited foreign-party-controlled
business in violation of this Section.
(b) A prohibited foreign-party-controlled business entity
in violation of this Section shall have 2 years to divest of
the public or private land. If a prohibited
foreign-party-controlled business entity does not divest the
public or private land, the Attorney General shall commence an
action in the circuit court within the jurisdiction of the
public or private land. If the public or private land is held
in violation of this Section, the circuit court shall order
that the public or private land be sold through judicial
foreclosure. Proceeds of the sale shall be disbursed to

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lienholders, in the order of priority, except for liens that,
under the terms of the sale, are to remain on the public or
private land. The Attorney General shall promptly record a
copy of the following in the local land records:
(1) upon commencement, notice of the pendency of an
action brought under this subsection; and
(2) the order for the sale of the public or private
land under this subsection.
(c) A prohibited foreign-party-controlled business entity
shall, upon conviction for a violation of this Section, be
guilty of a Class 4 felony punishable by not more than 2 years
imprisonment in the custody of the Department of Corrections
or a $15,000 fine, or both.
(d) It is an affirmative defense to prosecution under this
Section that a prohibited foreign-party-controlled business
entity is a resident alien of the State.
(e) Title to public or private land is not invalid or
subject to divestiture due to a violation of this Section by:
(1) any former owner; or
(2) other person holding or owning a former interest
in the public or private land.
(f) No person not subject to this Section shall be
required to determine or inquire into whether another person
is or may be subject to this Section.
(765 ILCS 60/10 new)

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Sec. 10. Foreign ownership of agricultural land.
(a) A prohibited foreign party shall not acquire by grant,
purchase, devise, descent, or otherwise any interest in
agricultural land in this State regardless of whether the
prohibited foreign party intends to use the agricultural land
for nonfarming purposes. A party may not hold agricultural
land as an agent, trustee, or other fiduciary for a prohibited
foreign party in violation of this Section.
(b) A prohibited foreign party that acquires agricultural
land in violation of this Section remains in violation as long
as the prohibited foreign party holds an interest in the
agricultural land.
(765 ILCS 60/11 new)
Sec. 11. Interest in agricultural land owned by prohibited
foreign parties; exceptions; penalties.
(a) A prohibited foreign party who is a resident alien of
the United States shall have the right to acquire and hold
agricultural land in the State upon the same terms as a citizen
of the United States during the continuance of his or her
residence in the State.
(b) If a prohibited foreign party is no longer a resident
alien under subsection (a), he or she shall have 2 years to
divest of the agricultural land. If the prohibited foreign
party does not divest of the agricultural land as required by
this subsection, the Attorney General shall commence an action

SB2668 - 9 - LRB103 34872 LNS 64735 b
in circuit court within the jurisdiction of the agricultural
land. If the agricultural land is held in violation of this
Section, the circuit court shall order that the agricultural
land be sold through judicial foreclosure.
(c) When the Office of Agricultural Intelligence
determines a prohibited foreign party has acquired
agricultural land in this State in violation of this Section,
the Office of Agricultural Intelligence shall report the
violation to the Attorney General. Upon receiving notice under
this subsection or upon receipt of information that leads the
Attorney General to believe that a violation of this Section
may exist, the Attorney General may issue subpoenas requiring
the:
(1) appearance of witnesses;
(2) production of relevant records; and
(3) giving of relevant testimony.
If, as a result of the investigation under this
subsection, the Attorney General concludes that a violation of
this Section has occurred, the Attorney General shall commence
an action in circuit court within the jurisdiction of the
agricultural land. If the agricultural land is held in
violation of this Section, the circuit court shall order that
the agricultural land be sold through judicial foreclosure.
(d) The proceeds of a sale of agricultural land by
judicial foreclosure authorized under this Section shall be
disbursed to lienholders, in the order of priority, except for

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liens which under the terms of the sale are to remain on the
agricultural land. The Attorney General shall promptly record
a copy of the following in the local land records:
(1) upon commencement, notice of the pendency of an
action under this Section; and
(2) the order for the sale of agricultural land under
this Section.
(e) A prohibited foreign party owning agricultural land
subsequent to the effective date of this amendatory Act of the
103rd General Assembly and not listed under an exception in
subsection (a) or (b) shall, upon conviction, be guilty of a
Class 4 felony punishable by not more than 2 years
imprisonment in the custody of the Department of Corrections
or a $15,000 fine, or both.
(f) It is an affirmative defense to prosecution under this
Section that a prohibited foreign party is a resident alien of
the State.
(g) Title to agricultural land is not invalid or subject
to divestiture due to a violation of this Section by:
(1) any former owner; or
(2) other person holding or owning a former interest
in the agricultural land.
(h) No person not subject to this Section shall be
required to determine or inquire into whether another person
is or may be subject to this Section.

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(765 ILCS 60/12 new)
Sec. 12. Office of Agricultural Intelligence.
(a) There is created within the Department of Agriculture
the Office of Agricultural Intelligence.
(b) The Office of Agricultural Intelligence is authorized
and directed to:
(1) collect and analyze information concerning the
unlawful sale or possession of agricultural land by
prohibited foreign parties; and
(2) administer and enforce the provisions of this Act,
including, but not limited to, the reporting of a
violation of this Act to the Attorney General under
subsection (c) of Section 11.
(c) The Director of Agriculture may designate employees of
the Department of Agriculture who have the power of a peace
officer or institutional law enforcement officer in the
enforcement of criminal laws of this State to perform the
duties of the Office of Agricultural Intelligence under
subsection (b).
(d) The Office of Agricultural Intelligence shall operate
under the direction of the Director of Agriculture.
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INDEX
Statutes amended in order of appearance