SB 1364

Abstract

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.