Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 186 (2023GS)

Sponsor

Rep. Pierucci, C.

Final action

Governor Signed 3/13/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• prohibits a restricted foreign entity from acquiring an interest in land;
• requires a restricted foreign entity to alienate certain interests in land; and
• provides that certain interests in land escheat to the state after a specified time.

Every vote on this bill

Bill text

STATE LAND PURCHASE RESTRICTIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: 
Michael K. McKell
Cosponsors:
Cheryl K. Acton
Carl R. Albrecht
Stewart E. Barlow
Kera Birkeland
Bridger Bolinder
Walt Brooks
Jefferson S. Burton
Kay J. Christofferson
Tyler Clancy
Joseph Elison
Matthew H. Gwynn
Katy Hall
Jon Hawkins
Ken Ivory
Tim Jimenez
Michael L. Kohler
Jason B. Kyle
Trevor Lee
Karianne Lisonbee
Anthony E. Loubet
Steven J. Lund
Phil Lyman
Jefferson Moss
Mike Schultz
Keven J. Stratton
Mark A. Strong
Jordan D. Teuscher
Ryan D. Wilcox
LONG TITLE
General Description:
This bill enacts the Restrictions on Foreign Acquisitions of Land Act. 
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prohibits a restricted foreign entity from acquiring an interest in land;
▸ requires a restricted foreign entity to alienate certain interests in land; and
▸ provides that certain interests in land escheat to the state after a specified time.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
63L-13-101
, Utah Code Annotated 1953
63L-13-201
, Utah Code Annotated 1953
63L-13-202
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63L-13-101
 is enacted to read:
CHAPTER 13. RESTRICTIONS ON FOREIGN ACQUISITIONS OF LAND ACT
Part 1. General Provisions
 63L-13-101.
Definitions.
As used in this chapter:
(1) "Interest in land" means any right, title, lien, claim, interest, or estate with respect to
land.
(2) (a) "Land" means all real property within the state.
(b) "Land" includes:
(i) agricultural land, as defined in Section 
4-46-102
;
(ii) land owned or controlled by a political subdivision;
(iii) land owned or controlled by a school district;
(iv) non-federal land, as defined in Section 
9-9-402
;
(v) private land;
(vi) public land;
(vii) state land, as defined in Subsection 
9-9-402
(14)(a);
(viii) waters of the state, as defined in Subsection 
19-5-102
(23)(a); and
(ix) subsurface land.
(c) "Land" does not include real property that is owned, controlled, or held in trust by
the federal government.
(3) "Restricted foreign entity" means:
(a) a company that the United States Secretary of Defense is required to identify and
report as a military company under Section 1260H of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021, Pub. L. No. 116-283;
(b) an affiliate, subsidiary, or holding company of a company described in Subsection
(3)(a);
(c) a country with a commercial or defense industrial base of which a company
described in Subsection (3)(a) or (b) is a part;
(d) a state, province, region, prefecture, subdivision, or municipality of a country
described in Subsection (3)(c); and
(e) an agency, bureau, committee, or department of a country described in Subsection
(3)(c).
Section 2. Section 
63L-13-201
 is enacted to read:
Part 2. Interests in Land
 63L-13-201.
Acquisition of land prohibited -- Exceptions.
(1) Subject to Subsection (2) and Section 
63L-13-202
, a restricted foreign entity may
not acquire an interest in land in this state.
(2) Subsection (1) does not apply to an interest in land that a restricted foreign entity
acquired before May 3, 2023:
(a) by purchase, grant, gift, donation, devise, or bequest;
(b) as security for the repayment of a debt; or
(c) as a party to a contract for the transfer or conveyance of an interest in land to the
restricted foreign entity.
(3) A deed or other written instrument, other than in probate, purporting to convey an
interest in land to a restricted foreign entity in violation of Subsection (1) is invalid.
Section 3. Section 
63L-13-202
 is enacted to read:
 63L-13-202.
Alienate within five years -- Escheat.
(1) A restricted foreign entity that acquires an interest in land on or after May 3, 2023,
by grant, gift, donation, devise, or bequest shall alienate the interest within five years after the
date of acquisition.
(2) If a restricted foreign entity fails to alienate an interest in land in accordance with
Subsection (1), the interest escheats to the state.