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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: FED W/D | MABS DP 4-3-0-0 | 3rd read 17-12-1-0-0
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SB 1109: designated countries; land ownership; prohibition
Sponsor: Senator Shamp, LD 29
House Engrossed
Overview
Prevents the People's Republic of China 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 (50 U.S.C. § 3043b)(U.S. DNI ATA 2022, 2023 and 2024).
Provisions
1. Prohibits the People's Republic of China 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; and
b) commence an action in the superior court in the county where the real property is located if there is reasonable suspicion that the People's Republic of China holds real property. (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. Permits the People's Republic of China to acquire real property or any interest in real property in Arizona by devise or descent, if the People's Republic of China sells, transfers or divests from the real property within three years after acquiring the real property. (Sec. 1)
8. Defines People's Republic of China and substantial interest. (Sec. 1)
9. Contains legislative findings. (Sec. 3)
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13. SB 1109
14. Initials BSR Page 0 House Engrossed
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