|
 This
bill, known as Senate Bill 2668, amends the “Property Owned by
Noncitizens Act.” A synopsis of the bill found online shares the
details.
The proposed bill provides that:
“a prohibited foreign-party-controlled business shall not acquire by
grant, purchase, devise, descent, or otherwise any interest in
public or private land in the State.
“a prohibited foreign-party controlled business entity in violation
of the provisions has 2 years to divest of the public or private
land, and if a prohibited foreign-party-controlled business entity
does not divest the public or private land, the Attorney General
shall commence an action in the circuit court within the
jurisdiction of the public or private land.
“a prohibited foreign party shall not acquire by grant, purchase,
devise, descent, or otherwise any interest in agricultural land in
the State regardless of whether the prohibited foreign party intends
to use the agricultural land for nonfarming purposes.
“a prohibited foreign party
who is a resident alien of the United States shall have the right to
acquire and hold agricultural land in the State upon the same terms
as a citizen of the United States during the continuance of his or
her residence in the State, but if a prohibited foreign party is no
longer a resident alien, he or she shall have 2 years to divest of
the agricultural land, and that if the prohibited foreign party does
not divest of the agricultural land as required, the Attorney
General shall commence an action in circuit court within the
jurisdiction of the agricultural land.
“violation of the provisions by either a prohibited
foreign-party-controlled business entity or a prohibited foreign
party owning agricultural land shall, upon conviction, be guilty of
a Class 4 felony punishable by not more than 2 years imprisonment in
the custody of the Department of Corrections or a $15,000 fine, or
both. Creates the Office of Agricultural Intelligence within the
Department of Agriculture to collect and analyze information
concerning the unlawful sale or possession of agricultural land by
prohibited foreign parties and administer and enforce the provisions
of the Act.”
In a January 18, 2024, Lincoln Daily News press release, Senator
Turner said, “The agricultural industry is the backbone of our
state's economy, and we must take decisive steps to ensure its
sustainability.”
Additionally, Senator Turner said, “Those steps begin with my new
legislation, which directly addresses legitimate concerns
surrounding ownership of farmland by individuals from a hostile
nation and the impact of that ownership has on our national
security.”
Senate Bill 2668 has drawn
inspiration from “successful bipartisan laws in California and
Arkansas [and] aims to alleviate farmers fears that land
acquisitions by foreign nations and investors may inflate farmland
prices and pose a potential threat to national security.”
Currently, there are 24 other states which “have passed similar
legislation to mitigate the risks associated with the purchase of
farmland by foreign entities that may jeopardize national security.”
The bill is a measure that
Senator Turner said, “safeguards our crucial agricultural
resources.” She added, “Failing to implement policies to conserve
our state’s greatest asset now could leave us vulnerable to
potential threats in the future.”
Senator Turner hopes her legislation will spark a broad and
constructive discussion among lawmakers regarding the state’s
commitment to the welfare of its agricultural industry and the
overall security of the nation.
Where the bill is at now
Senator Turner said currently, the legislation has been referred to
Senate Assignments. The next step would be for the bill to be
assigned to a Senate Committee for a future hearing. The initial
deadline for Senate Bills to get out of Committee was Friday, March
15. If the legislation did not passed out of Committee by that
deadline, [the senators] have the option to file an extension.
[to top of second column] |
Though the legislation is
still in its early stages, Senator Turner said, “I am hopeful that
this legislation will be taken up for consideration this spring. It
should be a bipartisan issue.”
This legislation has been passed in several other states already.
Senator Turner notes, “Nearly half the states in the nation have
passed similar types of legislation over the last few years, and I
can’t think of any reason Illinois shouldn’t do the same.”
An article about Foreign Ownership of Agriculture on the National
Law Agricultural Center website provides more information about the
issue. In answer to the question about what states have recently
proposed laws, the website said, “Approximately twenty-four states
have laws that seek to restrict to some degree foreign ownership or
investments in private agricultural land within the boundaries of
their state.”
The article said, “in 2023, the majority of states [had] proposed at
least one piece of legislation that seeks to prohibit or restrict
foreign investments and landholdings in land—specifically private
farmland—located within their state to some degree.”
In the first few months of 2024, “state level proposals have been or
are expected to be formally introduced in the majority of states.
Some states that are considering legislation do not have a law that
restricts foreign ownership of land in their state while other
states are considering proposals that would amend their current
foreign ownership law.”
Why it is important the
bill is passed.
To Senator Turner, it is important that Senate Bil 2668 get passed.
She said, “Our state’s current and future economic success relies on
our agricultural industry. Our state’s farmland is one of our
greatest assets and we must do everything we can to protect that
asset from potentially hostile foreign entities.”
[Angela Reiners
Lincoln Daily News]
Resources:
Durrett, Marcus. “Sen. Sally Turner introduces legislation to
protect agricultural land and national security.” 18 January 2024.
lincolndailynews.com
Foreign Ownership of Agriculture
National Law Agriculture Center
https://nationalaglawcenter.org/foreign-investments-in-ag/
LegiScan. Illinois Senate Bill 2668.
https://legiscan.com/IL/bill/SB2668/2023
Senator Sally J. Turner
44th Senate District
Stratton Bldg. Sec. B Rm A
Springfield, IL 62706
Ph: 217-782-6216
 |
