Bill Text: IA HF2467 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act prohibiting the government of, and persons and entities from, the People's Republic of China from acquiring real property located in the state.(Formerly HF 2311.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-18 - Introduced, placed on calendar. H.J. 299. [HF2467 Detail]
Download: Iowa-2021-HF2467-Introduced.html
House
File
2467
-
Introduced
HOUSE
FILE
2467
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HF
2311)
A
BILL
FOR
An
Act
prohibiting
the
government
of,
and
persons
and
entities
1
from,
the
People’s
Republic
of
China
from
acquiring
real
2
property
located
in
the
state.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2467
Section
1.
Section
9I.2,
Code
2022,
is
amended
to
read
as
1
follows:
2
9I.2
Alien
rights
Real
property
——
nonresident
aliens
and
3
foreign
governments
.
4
1.
A
nonresident
alien,
foreign
business
or
foreign
5
government
may
acquire
,
by
grant,
purchase,
devise
,
or
descent
,
6
real
property,
except
agricultural
land
or
any
interest
in
7
agricultural
land
in
this
state,
and
may
own,
hold,
devise
,
or
8
alienate
the
real
property,
and
shall
incur
the
same
duties
and
9
liabilities
in
relation
thereto
as
a
citizen
and
resident
of
10
the
United
States.
11
2.
Notwithstanding
subsection
1,
the
government
of
the
12
People’s
Republic
of
China,
or
the
government
of
a
province,
13
region,
municipality,
or
autonomous
region
of
the
People’s
14
Republic
of
China,
shall
not
acquire
by
grant,
purchase,
15
devise,
or
descent
any
real
property
located
in
this
state.
16
3.
Notwithstanding
subsection
1,
a
corporation
incorporated
17
under
the
laws
of
the
government
of
the
People’s
Republic
of
18
China,
or
a
business
entity
whether
or
not
incorporated,
in
19
which
a
majority
interest
is
owned
directly
or
indirectly
by
20
nonresident
aliens
from
the
People’s
Republic
of
China,
or
21
from
a
province,
region,
municipality,
or
autonomous
region
of
22
the
People’s
Republic
of
China,
shall
not
acquire
by
grant,
23
purchase,
devise,
or
descent
any
real
property
located
in
this
24
state.
Legal
entities,
including
but
not
limited
to
trusts,
25
holding
companies,
multiple
corporations,
and
other
business
26
arrangements,
shall
not
affect
the
determination
of
ownership
27
or
control
of
the
foreign
business.
28
Sec.
2.
Section
9I.5,
Code
2022,
is
amended
to
read
as
29
follows:
30
9I.5
Land
acquired
by
devise
or
descent.
31
1.
A
nonresident
alien,
foreign
business
or
foreign
32
government,
or
an
agent,
trustee
or
fiduciary
thereof,
which
33
acquires
agricultural
land
or
an
interest
in
agricultural
34
land,
by
devise
or
descent
after
January
1,
1980,
shall
divest
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2467
itself
of
all
right,
title
and
interest
in
the
land
within
two
1
years
from
the
date
of
acquiring
the
land
or
interest.
This
2
section
shall
not
require
divestment
of
agricultural
land
or
an
3
interest
in
agricultural
land,
acquired
by
devise
or
descent
4
from
a
nonresident
alien,
if
such
land
or
an
interest
in
such
5
land
was
acquired
by
any
nonresident
alien
prior
to
July
1,
6
1979.
7
2.
The
government
of
the
People’s
Republic
of
China,
or
the
8
government
of
a
province,
region,
municipality,
or
autonomous
9
region
of
the
People’s
Republic
of
China,
which
acquires
real
10
property
or
an
interest
in
real
property,
by
devise
or
descent
11
on
or
after
July
1,
2022,
shall
divest
itself
of
all
right,
12
title,
and
interest
in
the
land
within
two
years
from
the
date
13
of
acquiring
the
land
or
interest.
14
3.
A
corporation
incorporated
under
the
laws
of
the
15
government
of
the
People’s
Republic
of
China,
or
a
business
16
entity
whether
or
not
incorporated,
in
which
a
majority
17
interest
is
owned
directly
or
indirectly
by
nonresident
aliens
18
from
the
People’s
Republic
of
China,
or
from
a
province,
19
region,
municipality,
or
autonomous
region
of
the
People’s
20
Republic
of
China,
which
acquires
real
property
or
an
interest
21
in
real
property,
by
devise
or
descent
on
or
after
July
1,
22
2022,
shall
divest
itself
of
all
right,
title,
and
interest
in
23
the
land
within
two
years
from
the
date
of
acquiring
the
land
24
or
interest.
25
Sec.
3.
Section
9I.6,
Code
2022,
is
amended
to
read
as
26
follows:
27
9I.6
Change
of
status
——
divestment.
28
1.
A
person
or
business
which
purchases
or
otherwise
29
acquires
agricultural
land
in
this
state
except
by
devise
or
30
descent,
after
January
1,
1980,
and
whose
status
changes
so
31
that
it
becomes
a
foreign
business
or
nonresident
alien
subject
32
to
this
chapter
,
shall
divest
itself
of
all
right,
title
and
33
interest
in
the
land
within
two
years
from
the
date
that
its
34
status
changed.
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2.
A
person
or
business
which
purchases
or
otherwise
1
acquires
real
property
in
this
state
except
by
devise
or
2
descent,
on
or
after
July
1,
2022,
and
whose
status
changes
so
3
that
the
person
or
business
is
affiliated
in
any
way
with
the
4
government
of
the
People’s
Republic
of
China,
or
the
government
5
of
a
province,
region,
municipality,
or
autonomous
region
of
6
the
People’s
Republic
of
China,
shall
divest
itself
of
all
7
right,
title,
and
interest
in
the
land
within
two
years
from
8
the
date
that
the
status
of
the
person
or
the
business
changed.
9
3.
A
person
or
business
which
purchases
or
otherwise
10
acquires
real
property
in
this
state
except
by
devise
or
11
descent,
on
or
after
July
1,
2022,
and
whose
status
changes
so
12
that
the
person
or
business
is
affiliated
in
any
way
with
a
13
corporation
incorporated
under
the
laws
of
the
government
of
14
the
People’s
Republic
of
China,
or
a
business
entity
whether
15
or
not
incorporated,
in
which
a
majority
interest
is
owned
16
directly
or
indirectly
by
nonresident
aliens
from
the
People’s
17
Republic
of
China,
or
from
a
province,
region,
municipality,
18
or
autonomous
region
of
the
People’s
Republic
of
China
shall
19
divest
itself
of
all
right,
title,
and
interest
in
the
land
20
within
two
years
from
the
date
that
the
status
of
the
person
or
21
the
business
changed.
22
Sec.
4.
Section
9I.10,
Code
2022,
is
amended
to
read
as
23
follows:
24
9I.10
Enforcement.
25
1.
a.
If
the
secretary
of
state
finds
that
a
nonresident
26
alien,
foreign
business,
foreign
government,
or
an
agent,
27
trustee,
or
other
fiduciary
thereof,
has
acquired
or
holds
28
title
to
or
interest
in
agricultural
land
in
this
state
in
29
violation
of
this
chapter
or
has
failed
to
timely
register
as
30
required
under
section
9I.7
or
has
failed
to
timely
report
as
31
required
under
section
9I.8
,
the
secretary
shall
report
the
32
violation
to
the
attorney
general.
33
b.
If
a
county
recorder
finds
that
the
government
of
the
34
People’s
Republic
of
China,
or
the
government
of
a
province,
35
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region,
municipality,
or
autonomous
region
of
the
People’s
1
Republic
of
China,
has
acquired
or
holds
title
to
or
interest
2
in
real
property
located
in
this
state
in
violation
of
this
3
chapter,
the
county
recorder
shall
report
the
violation
to
the
4
attorney
general.
5
c.
If
a
county
recorder
finds
that
a
corporation
6
incorporated
under
the
laws
of
the
government
of
the
People’s
7
Republic
of
China,
or
a
business
entity
whether
or
not
8
incorporated,
in
which
a
majority
interest
is
owned
directly
or
9
indirectly
by
nonresident
aliens
from
the
People’s
Republic
of
10
China
or
a
province,
region,
municipality,
or
autonomous
region
11
of
the
People’s
Republic
of
China,
has
acquired
or
holds
title
12
to
or
interest
in
real
property
in
this
state
in
violation
of
13
this
chapter,
the
county
recorder
shall
report
the
violation
14
to
the
attorney
general.
15
2.
a.
Upon
receipt
of
the
a
report
from
the
secretary
of
16
state
or
a
county
recorder
under
subsection
1
,
the
attorney
17
general
shall
initiate
an
action
in
the
district
court
of
any
18
county
in
which
the
land
is
located.
19
3.
b.
The
attorney
general
shall
file
a
notice
of
the
20
pendency
of
the
action
with
the
recorder
of
deeds
of
each
21
county
in
which
any
of
the
land
is
located.
If
the
court
22
finds
that
the
land
in
question
has
been
acquired
or
held
in
23
violation
of
this
chapter
or
the
required
registration
has
not
24
been
timely
filed,
it
shall
enter
an
order
so
declaring
and
25
shall
file
a
copy
of
the
order
with
the
recorder
of
deeds
of
26
each
county
in
which
any
portion
of
the
land
is
located.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
prohibits
the
government
of
the
People’s
Republic
31
of
China
(China),
or
the
government
of
a
province,
region,
32
municipality,
or
autonomous
region
of
China
(related
regions)
33
from
acquiring
real
property
located
in
this
state
by
grant,
34
purchase,
devise,
or
descent.
35
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The
bill
also
prohibits
a
corporation
incorporated
under
1
the
laws
of
the
government
of
China,
or
a
business
entity
2
whether
or
not
incorporated,
in
which
a
majority
interest
is
3
owned
directly
or
indirectly
by
nonresident
aliens
from
China
4
or
related
regions,
from
acquiring
real
property
in
this
state
5
by
grant,
purchase,
devise,
or
descent.
The
bill
provides
6
that
legal
entities,
including
but
not
limited
to
trusts,
7
holding
companies,
multiple
corporations,
and
other
business
8
arrangements,
do
not
affect
the
determination
of
ownership
or
9
control
of
the
foreign
business.
10
The
bill
requires
a
county
recorder
to
report
a
violation
11
of
the
bill
to
the
attorney
general.
Upon
receipt
of
a
report
12
from
a
county
recorder,
the
attorney
general
shall
initiate
an
13
action
in
the
district
court
of
any
county
in
which
the
land
is
14
located.
If
the
court
finds
that
the
land
in
question
has
been
15
acquired
in
violation
of
the
bill,
the
court
shall
declare
the
16
land
escheated
to
the
state
pursuant
to
Code
section
9I.11.
17
The
bill
makes
conforming
changes
to
Code
section
9I.5
(land
18
acquired
by
devise
or
descent)
and
Code
section
9I.6
(change
of
19
status
——
divestment).
20
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89
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