House Bill 575

Actions | Amendments
Last Action 03/28/24: to Rules (H)
Title AN ACT relating to the acquisition of agricultural land.
Bill Documents Current
Introduced
Fiscal Impact Statements Fiscal Note
Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 496
Sponsors R. Heath, D. Hale, S. Baker, D. Bentley, K. Bratcher, S. Bratcher, J. Calloway, J. Decker, D. Elliott, D. Fister, C. Freeland, K. King, C. Massaroni, S. McPherson, M. Meredith, A. Neighbors, M. Pollock, R. Raymer, N. Tate, W. Thomas
Summary of Original Version Create new sections of KRS Chapter 247 to define terms, prohibit a nonresident alien, foreign business, foreign agent, trustee, or fiduciary associated with the government of any proscribed country referenced in 22 C.F.R. sec. 126.1 from the purchase, lease, or acquisition of agricultural land in Kentucky or participation in programs administered by the Department of Agriculture, Agricultural Development Board, and Kentucky Agricultural Finance Corporation; allow an existing foreign-owned business to purchase adjacent agricultural land to expand the operations of the business; exempt foreign ownership or leasing of up to 350 acres for research purposes; establish the Kentucky Foreign Investment Review Board to review applications for appeal for those on the prohibited countries list wishing to purchase, lease, or acquire agricultural land, set forth requirements of the board to approve or deny an application for appeal, establish a process for an application for appeal, authorize the board to promulgate administrative regulations; allow an applicant who is denied an appeal to purchase agricultural land to appeal the final decision in Circuit Court; require a county clerk to record an affidavit on any deed that conveys agricultural land and report the affidavit recordings monthly to the Kentucky Foreign Investment Review Board, require the Kentucky Foreign Investment Review Board to report to the Committee on Foreign Investment in the United States each month; set forth requirements to divest land that has been purchased, leased, or denied without approval of the Kentucky Foreign Investment Review Board, and direct the distribution of sale proceeds.
Index Headings of Original Version Fiscal Note - Denied Agricultural land purchases, prohibited counties
State Agencies - Department of Agriculture, Kentucky Foreign Investment Review Board
Land Use - Agricultural land, acquisition, prohibited foreign countries, appeal process
Property - Agricultural land, acquisition, prohibited foreign countries, appeal process
Real Estate - Agricultural land, acquisition, prohibited foreign countries, appeal process
Administrative Regulations and Proceedings - Kentucky Foreign Investment Review Board, agricultural land, appeal process
Homeland Security - Kentucky Foreign Investment Review Board, agricultural land, appeal process
Agriculture - Prohibited countries, research on agricultural land, exemption
Agriculture - Agricultural land, Kentucky Foreign Investment Review Board, acquisition review
Boards and Commissions - Kentucky Foreign Investment Review Board, agricultural land, appeal process
Local Mandate - Agricultural land, affidavit, prohibited countries, county clerks
County Clerks - Agricultural land, affidavit, report to Kentucky Foreign Investment Review Board
Courts, Circuit - Agricultural land, foreign ownership by prohibited countries, appellate review
Deeds and Conveyances - Agricultural land, affidavit, prohibited countries, county clerks
Economic Development - Kentucky Foreign Investment Review Board, agricultural land, appeal process
Escheats - Denied agricultural land purchases, prohibited countries, escheated to the state
International Trade and Relations - Agricultural land, acquisition, prohibited foreign countries, appeal process
Jump to Proposed Amendments House Committee Substitute 1 with Fiscal Impact Statements
House Floor Amendment 1
Senate Committee Substitute 1
Votes Vote History

Actions

Top | Amendments
02/15/24
  • introduced in House
  • to Committee on Committees (H)
02/27/24
  • to State Government (H)
02/29/24
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
03/01/24
  • 2nd reading, to Rules
03/05/24
  • recommitted to Appropriations & Revenue (H)
03/13/24
  • floor amendment (1) filed to Committee Substitute
03/14/24
  • taken from Appropriations & Revenue (H)
  • returned to Rules
  • posted for passage in the Regular Orders of the Day for Friday, March 15, 2024
03/21/24
  • 3rd reading, passed 83-14 with Committee Substitute (1) and Floor Amendment (1)
03/22/24
  • received in Senate
  • to Committee on Committees (S)
03/25/24
  • to Agriculture (S)
03/26/24
  • reported favorably, 1st reading, to Consent Calendar with Committee Substitute (1)
03/27/24
  • 2nd reading, to Rules as a consent bill
  • posted for passage in the Consent Orders of the Day for Thursday, March 28, 2024
03/28/24
  • 3rd reading, passed 38-0 with Committee Substitute (1)
  • received in House
  • to Rules (H)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Fiscal Impact Statements Fiscal Note to House Committee Substitute 1
Local Mandate to House Committee Substitute 1
Summary Retain original provisions, except exempt any licensed attorney, title insurance company, underwriter, or agent, or other third party involved in a real property transaction from being held civilly or criminally liable for a person or entity providing a fraudulent or incorrect affidavit; designate the order of payment of the proceeds of a sale of agricultural land through foreclosure; exempt a subsequent title holder from civil or criminal liability or foreclosure.
Index Headings Fiscal Note - Agricultural land transactions, affidavit, prohibited countries, liability exemptions
Insurance - Agricultural land transactions, affidavit, prohibited countries, liability exemptions
Attorneys - Agricultural land transactions, affidavit, prohibited countries, liability exemptions
Local Mandate - Agricultural land transactions, affidavit, prohibited countries, liability exemptions

Amendment House Floor Amendment 1
Sponsor R. Heath
Summary Delete all provisions of HB 575/HCS 1; create a new section of KRS Chapter 247 to define terms, prohibit a nonresident alien, foreign business, foreign agent, trustee, or fiduciary who is legally bound or has a legal relationship with the government of any proscribed country referenced in 22 C.F.R. sec. 126.1 from purchasing agricultural land, prohibit those who purchased agricultural land prior to the effective date of this Act from the purchase, lease, or acquisition of any additional agricultural land, allow an existing foreign business from a prohibited country to purchase adjacent land for expansion of the business, exempt up to 350 acres of agricultural land for agricultural research, require that a copy of the report required under the provisions of the Agricultural Foreign Investment Disclosure Act be filed with the Department of Agriculture, require the Department of Agriculture to report evidence of noncompliance to the Office of the Attorney General, require the Office of the Attorney General to investigate the evidence, allow the Office of the Attorney General to enforce provisions.
Index Headings Escheats - Agricultural land, foreign ownership, prohibited countries, judicial foreclosure
Real Estate - Agricultural land, foreign ownership, prohibited countries
Agriculture - Department of Agriculture, foreign ownership, agricultural land, compliance
Attorney General - Foreign ownership, agricultural land, compliance, enforcement

Amendment Senate Committee Substitute 1
Summary Retain original provisions; allow a nonresident alien, foreign business, foreign agent, trustee, or fiduciary to own, purchase, hold, or develop agricultural land for nonagricultural use provided that the development is completed within five years of acquiring the land; make technical corrections.
Index Headings Technical Corrections - HB 575
Land Use - Agricultural land, development, nonagricultural use
Agriculture - Agricultural land, development, nonagricultural use

Last updated: 4/11/2024 2:04 PM (EDT)