Assembly Bill A6444

2023-2024 Legislative Session

Relates to prohibiting the acquisition or transfer of agricultural land by foreign adversaries

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A6444 (ACTIVE) - Details

See Senate Version of this Bill:
S6583
Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §19, RP L

2023-A6444 (ACTIVE) - Summary

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.

2023-A6444 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6444
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section 1. The real property law is amended by adding a new section 19
 to read as follows:
   § 19. FOREIGN ADVERSARY ACQUISITION OR TRANSFER OF AGRICULTURAL  LAND.
 1.  FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "AGRICULTURAL LAND" MEANS REAL ESTATE  USED  FOR  AN  AGRICULTURAL
 OPERATION IN THE STATE.
   (B)  "AGRICULTURAL  OPERATION" MEANS ANY OPERATION DEVOTED TO THE BONA
 FIDE PRODUCTION OF CROPS, ANIMALS, OR FOWL, INCLUDING THE PRODUCTION  OF
 FRUITS  AND  VEGETABLES  OF ANY KIND; MEAT, DAIRY, AND POULTRY PRODUCTS;
 NUTS, TOBACCO, NURSERY, AND FLORAL  PRODUCTS;  AND  THE  PRODUCTION  AND
 HARVEST OF PRODUCTS FROM SILVICULTURAL ACTIVITY;
   (C)  "CONTROLLING INTEREST" MEANS EITHER POSSESSION OF MORE THAN FIFTY
 PERCENT OF THE OWNERSHIP INTERESTS IN AN ENTITY OR A  PERCENTAGE  OWNER-
 SHIP  IN  AN  ENTITY  OF FIFTY PERCENT OR LESS IF SUCH OWNER DIRECTS THE
 BUSINESS AND AFFAIRS OF SUCH ENTITY WITHOUT THE REQUIREMENT  OR  CONSENT
 OF ANY OTHER PARTY;
   (D) "DEPARTMENT" MEANS THE DEPARTMENT OF AGRICULTURE AND MARKETS;
   (E)  "FOREIGN ADVERSARY" MEANS ANY FOREIGN GOVERNMENT OR NONGOVERNMENT
 PERSON DETERMINED BY THE UNITED STATES SECRETARY  OF  COMMERCE  TO  HAVE
 ENGAGED  IN  A LONG-TERM PATTERN OR SERIOUS INSTANCES OF CONDUCT SIGNIF-
 ICANTLY ADVERSE TO THE NATIONAL SECURITY OF THE  UNITED  STATES  OR  THE
 SECURITY AND SAFETY OF UNITED STATES PERSONS;
   (F)  "INTEREST"  MEANS ANY ESTATE, REMAINDER, OR REVERSION, OR PORTION
 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
              

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