Bill Text: NY A06444 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to prohibiting the acquisition or transfer of agricultural land by foreign adversaries after January 1, 2024; provides that such prohibition will not apply to any interest in agricultural land held by a foreign adversary prior to such date or any federally recognized Indian tribe or its government units and enterprises; defines terms.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2024-01-03 - referred to judiciary [A06444 Detail]

Download: New_York-2023-A06444-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6444

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     April 10, 2023
                                       ___________

        Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
          Committee on Judiciary

        AN ACT to amend the real property law, in relation  to  prohibiting  the
          acquisition or transfer of agricultural land by foreign adversaries

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The real property law is amended by adding a new section 19
     2  to read as follows:
     3    § 19. Foreign adversary acquisition or transfer of agricultural  land.
     4  1.  For the purposes of this section, the following terms shall have the
     5  following meanings:
     6    (a) "agricultural land" means real estate  used  for  an  agricultural
     7  operation in the state.
     8    (b)  "agricultural  operation" means any operation devoted to the bona
     9  fide production of crops, animals, or fowl, including the production  of
    10  fruits  and  vegetables  of any kind; meat, dairy, and poultry products;
    11  nuts, tobacco, nursery, and floral  products;  and  the  production  and
    12  harvest of products from silvicultural activity;
    13    (c)  "controlling interest" means either possession of more than fifty
    14  percent of the ownership interests in an entity or a  percentage  owner-
    15  ship  in  an  entity  of fifty percent or less if such owner directs the
    16  business and affairs of such entity without the requirement  or  consent
    17  of any other party;
    18    (d) "department" means the department of agriculture and markets;
    19    (e)  "foreign adversary" means any foreign government or nongovernment
    20  person determined by the United States secretary  of  commerce  to  have
    21  engaged  in  a long-term pattern or serious instances of conduct signif-
    22  icantly adverse to the national security of the  United  States  or  the
    23  security and safety of United States persons;
    24    (f)  "interest"  means any estate, remainder, or reversion, or portion
    25  of the estate, remainder, or reversion, or an option pursuant  to  which

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09828-01-3
        A. 6444                             2

     1  one  party has a right to cause legal or equitable title to agricultural
     2  land to be transferred.
     3    2.  (a) Notwithstanding any other provision of law, on and after Janu-
     4  ary first, two thousand twenty-four, no foreign adversary shall  acquire
     5  or transfer any interest in agricultural land in the state of New York.
     6    (b)  This  section shall not apply to (i) any interest in agricultural
     7  land held by a foreign adversary prior to January  first,  two  thousand
     8  twenty-four,  or  (ii)  any  federally  recognized  Indian  tribe or its
     9  government units and enterprises.
    10    (c) Any transfer of an interest in land in violation of  this  section
    11  shall be void.
    12    (d)  This  section  shall not be applied in a manner inconsistent with
    13  any provision of any treaty between the United States and another  coun-
    14  try.
    15    3.  (a)  Based  on the reports submitted to it pursuant to the federal
    16  Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq.,
    17  and other information the department, at its discretion, deems appropri-
    18  ate, the department shall compile an annual report in consultation  with
    19  the  appropriate  state  agencies  and  boards  for  each  calendar year
    20  containing all of the following, if available:
    21    (i) the total amount of agricultural land that is under foreign owner-
    22  ship;
    23    (ii) the percentage change in foreign ownership of  agricultural  land
    24  in the state for each year over the prior ten years;
    25    (iii)  the  purpose  for  which foreign-owned agricultural land in the
    26  state is being used currently. To the extent such information is  avail-
    27  able,  the  department shall also include any significant recent changes
    28  or trends in the uses of foreign-owned agricultural land in the state;
    29    (iv) with the  assistance  of  relevant  state  agencies,  information
    30  regarding the extent of, and any recent changes in, foreign ownership of
    31  energy  production,  storage, or distribution facilities in the state to
    32  the extent such information is available; and
    33    (v) any legislative, regulatory, or administrative policy changes  the
    34  department recommends in light of the information in this report.
    35    (b)  The  department  shall publish its inaugural report no later than
    36  July first, two thousand twenty-four and each subsequent report no later
    37  than July first of each year. The department shall also  deliver  copies
    38  of  such  report  to the governor, the temporary president of the senate
    39  and the speaker of the assembly.
    40    § 2. This act shall take effect immediately.