ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: APPROP DPA S/E 11-5-1-1

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1082: constables; report; board of supervisors
S/E: land ownership; designated countries; prohibition

Sponsor: Senator Shamp, LD 29

Caucus & COW

Summary of the Strike-Everything Amendment to SB 1082

Overview

Prevents a foreign principle from a designated county from holding real property in Arizona.

History

Section 108B of the National Security Act of 1947 requires the U.S. Director of National Intelligence (DNI), in coordination with the heads of intelligence community elements, to submit an Annual Report on Worldwide Threats — also called an annual threat assessment (ATA) — to appropriate congressional committees. ATAs assess worldwide threats to national security and must be submitted by the first Monday in February annually. ATAs are presented in unclassified form, but they may include a classified annex to protect intelligence sources and methods. The three most recent ATAs identified China, Russia, Iran and North Korea as countries that pose a risk to the national security of the United States (U.S. DNI ATA 2022, 2023 and 2024).

Provisions

1.    Prohibits foreign principles from designated countries from purchasing, owning, or acquiring by grant or device or having a substantial interest in real property in Arizona. (Sec. 1)

2.   Directs the Attorney General (AG) to:

a)   enforce the prohibition;

b)   commence an action in the superior court in the county where the real property is located if there is reasonable suspicion that a foreign nation holds real property and;

c) provide a report to the Federal Bureau of Investigation (FBI) on any investigation opened for this prohibition. (Sec.1)

 

3.   Directs the superior court, if it finds that title or a substantial interest in real property was obtained in violation of the prohibition, to enter an order:

a)   stating the court's findings;

b)   divesting the person's interest; and

c) directing the county board of supervisors (BOS) to sell the real property consistent with statute relating to the sale of land held by state under tax deed. (Sec. 1)

4.   Stipulates that when real property is sold by the county BOS any proceeds remaining after paying taxes, interests, penalties, fees and costs are to be distributed in the following order:

a)   to any valid lienholder for the value of their outstanding lien attached to the real property;

b)   to the appropriate county treasurer and the AG to reimburse the AG and county BOS for expenses incurred in the prosecution of a violation of the prohibition; and

c) the property owner in an amount equal to any remaining proceeds of the sale. (Sec. 1)

5.   Asserts that a title insurer, title agent, escrow agent or real estate licensee may not be held liable for any violation of the prohibition. (Sec. 1)

6.   Asserts that a violation of the prohibition may not be the basis for a title insurance claim for any title insurance policy issued for property in Arizona. (Sec. 1)

7.   Allows a foreign principle to purchase, own or acquire by grant or devise state land only in the following;

a)   the parcel is residential real property;

b)   the parcel is two acres or less;

c) the foreign principle is a natural person;

d)   the parcel the foreign principle owns or is purchasing is the only real property owned by the foreign principle;

e)   the parcel is located 50 miles or more from any military installation, vector route or critical infrastructure;

f) the parcel is located 25 miles or more from an Air Force range with total area of land between one-half and two and one-half million acres and;

g)   the foreign principle possesses a current verified United States visa or has been granted asylum by the United States government (Sec.1).

8.   Permits members of foreign principles to acquire real property or any interest in real property in Arizona by devise or descent, if sells, transfers or divests from the real property within one year after acquiring the real property. (Sec. 1)

9.   Defines Critical Infrastructure. (Sec. 1)

10.  Defines Designated Country. (Sec. 1)

11.  Defines Foreign Principle. (Sec.1)

12.  Defines Military Installation. (Sec.1)

13.  Defines Substantial Interest. (Sec.1)

14.  Contains a legislative findings section. (Sec. 3)

 

 

 

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                        SB 1082

Initials TM/CW         Page 0 Caucus & COW

 

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