Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 516 (2024GS)

Sponsor

Rep. Pierucci, C.

Final action

Governor Signed 3/21/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• modifies the definition of restricted foreign entity to prevent the following entities from obtaining an interest in land in the state:
• an entity that is owned or directly controlled by the government of China, Iran, North Korea, or Russia; and
• an entity in which a restricted foreign entity owns a majority interest;
• requires that a restricted foreign entity alienate any interest in the state within one year;
• requires that the Department of Public Safety:
• maintain a publicly available list of restricted foreign entities;
• create a process for reporting a land conveyance to a restricted foreign entity;
• provide an annual notice regarding restricted foreign entities to each county auditor in the state; and
• investigate any conveyance to a restricted foreign entity;
• describes the duties of a county recorder in relation to restricted foreign entities; and
• provides the Division of Facilities Construction and Management authority to sell an interest in land that a restricted foreign entity fails to timely alienate.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 20, 2024 at 11:21 AM by housengrossing.
This document includes House Floor Amendments incorporated into the bill on Fri, Feb 23, 2024 at 11:52 AM by housengrossing.
This document includes House Floor Amendments incorporated into the bill on Fri, Feb 23, 2024 at 11:55 AM by housengrossing.
STATE LAND PURCHASE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: 
 Michael K. McKell
LONG TITLE
General Description:
This bill deals with land conveyances to restricted foreign entities in the state.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies the definition of restricted foreign entity to prevent the following entities
from obtaining an interest in land in the state:
• an entity that is owned or directly controlled by the government of China, Iran,
North Korea, or Russia; and
• an entity in which a restricted foreign entity owns a majority interest;
▸ requires that a restricted foreign entity alienate any interest in the state within one
year;
▸ requires that the Department of Public Safety:
• maintain a publicly available list of restricted foreign entities;
• create a process for reporting a land conveyance to a restricted foreign entity;
• provide an annual notice regarding restricted foreign entities to each county
auditor in the state; and
• investigate any conveyance to a restricted foreign entity;
▸ describes the duties of a county recorder in relation to restricted foreign entities; and
▸ provides the Division of Facilities Construction and Management authority to sell
an interest in land that a restricted foreign entity fails to timely alienate.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-1-106
, as last amended by Laws of Utah 2023, Chapters 328, 447
63L-13-101
, as enacted by Laws of Utah 2023, Chapter 61
63L-13-201
, as enacted by Laws of Utah 2023, Chapter 61
63L-13-202
, as enacted by Laws of Utah 2023, Chapter 61
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-1-106
 is amended to read:
53-1-106.
Department duties -- Powers.
(1) In addition to the responsibilities contained in this title, the department shall:
(a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
Code, including:
(i) setting performance standards for towing companies to be used by the department,
as required by Section 
41-6a-1406
; and
(ii) advising the Department of Transportation regarding the safe design and operation
of school buses, as required by Section 
41-6a-1304
;
(b) make rules to establish and clarify standards pertaining to the curriculum and
teaching methods of a motor vehicle accident prevention course under Section 
31A-19a-211
;
(c) aid in enforcement efforts to combat drug trafficking;
(d) meet with the Division of Technology Services to formulate contracts, establish
priorities, and develop funding mechanisms for dispatch and telecommunications operations;
(e) provide assistance to the Crime Victim Reparations Board and the Utah Office for
Victims of Crime in conducting research or monitoring victims' programs, as required by
Section 
63M-7-505
;
(f) develop sexual assault exam protocol standards in conjunction with the Utah
Hospital Association;
(g) engage in emergency planning activities, including preparation of policy and
procedure and rulemaking necessary for implementation of the federal Emergency Planning
and Community Right to Know Act of 1986, as required by Section 
53-2a-702
;
(h) implement the provisions of Section 
53-2a-402
, the Emergency Management
Assistance Compact;
(i) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department;
(j) employ a law enforcement officer as a public safety liaison to be housed at the State
Board of Education who shall work with the State Board of Education to:
(i) support training with relevant state agencies for school resource officers as
described in Section 
53G-8-702
;
(ii) coordinate the creation of model policies and memorandums of understanding for a
local education agency and a local law enforcement agency; and
(iii) ensure cooperation between relevant state agencies, a local education agency, and
a local law enforcement agency to foster compliance with disciplinary related statutory
provisions, including Sections 
53E-3-516
 and 
53G-8-211
;
(k) provide for the security and protection of public officials, public officials' staff, and
the capitol hill complex in accordance with the provisions of this part; [
and
]
(l) fulfill the duties described in Sections 
77-36-2.1
 and 
78B-7-120
 related to lethality
assessments[
.
]
; and
(m) fulfill the duties described in Section 
63L-13-201
 related to restricted foreign
entities.
(2) (a) The department shall establish a schedule of fees as required or allowed in this
title for services provided by the department.
(b) All fees not established in statute shall be established in accordance with Section
63J-1-504
.
(3) The department may establish or contract for the establishment of an Organ
Procurement Donor Registry in accordance with Section 
26B-8-319
.
Section 2. Section 
63L-13-101
 is amended to read:
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) "Land conveyance" means the transfer of any interest in land from one party to
another.
[
(3)
] 
(4)
 "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 entity that is owned or directly controlled by the government of China, Iran,
North Korea, or Russia;
(c)
 an affiliate, subsidiary, or holding company of 
Ĥ→ [
a company
] 
 an entity
 ←Ĥ
118a described in Subsection
[
(3)(a)
] 
(4)(a) or (b)
;
[
(c)
] 
(d)
 a country with a commercial or defense industrial base of which [
a company
]
an entity
 described in Subsection [
(3)(a) or (b)
] 
(4)(a), (b), or (c)
 is a part;
[
(d)
] 
(e)
 a state, province, region, prefecture, subdivision, or municipality of a country
described in Subsection [
(3)(c); and
] 
(4)(d);
[
(e)
] 
(f)
 an agency, bureau, committee, or department of a country described in
Subsection [
(3)(c).
] 
(4)(d); or
(g) any entity in which any entity described in Subsections (4)(a) through (f) maintains
at least a 51% ownership interest.
Section 3. Section 
63L-13-201
 is amended to read:
63L-13-201.
Acquisition of land prohibited -- Exceptions -- Enforcement.
(1) As used in this section, "department" means the Department of Public Safety
created under Section 
53-1-103
.
[
(1)
] 
(2)
 Subject to Subsection [
(2)
] 
(3)
 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.
]
(3) A restricted foreign entity that, in violation of Subsection (2), obtains an interest in
land shall alienate the interest in accordance with Section 
63L-13-202
.
(4) The department shall:
(a) maintain a publicly available list of restricted foreign entities;
(b) create a process by which a county recorder may report a land conveyance the
county recorder suspects is prohibited under this section;
(c) provide an annual notice to each county recorder in the state that includes:
(i) instruction on how to identify a restricted foreign entity;
(ii) the process by which a county recorder may report to the department a land
conveyance the county recorder suspects is prohibited under this section; and
(iii) any additional information the department deems necessary;
(d) investigate the validity of each land conveyance a county recorder reports under this
section;
(e) when, after investigation, the department determines that a land conveyance
violates this section:
(i) give notice to the restricted foreign entity that:
(A) the land conveyance violates this section; and
(B) Section 
63L-13-202
 requires the restricted foreign entity to alienate the restricted
foreign entity's interest in the land within one year or the Division of Facilities Construction
and Management will sell the interest in accordance with Subsection 
63L-13-202
(3); and
(ii) notify the county recorder of the county in which the land is located of the land
conveyance; and
(f) coordinate with the Division of Facilities Construction and Management to facilitate
a sale of the interest in land as described in Section 
63L-13-202
.
(5) A county recorder:
(a) is not liable for
Ĥ→ [
recording
] ←Ĥ
a conveyance to a restricted foreign entity
Ĥ→ [
, if
167a 
an entity
does not appear on the department's list described in Subsection (4)(a)
] ←Ĥ
; and
(b) shall, upon notice from the department under Subsection (4)(e)(ii), create a
Ĥ→ 
public
169a 
←Ĥ
 record
of each violation of this section.
Section 4. Section 
63L-13-202
 is amended to read:
63L-13-202.
Alienate within one year -- Sale of property.
(1) 
Ĥ→ 
(a)
 ←Ĥ
 A restricted foreign entity that acquires an interest in land on or after [
May
173a 
3, 2023,
by grant, gift, donation, devise, or bequest
] 
May 1, 2024,
 shall alienate the interest within [
five
years
] 
one year
 after the date of acquisition.
175a 
Ĥ→ 
(b) A restricted foreign entity that acquired an interest in land before May 1, 2024, shall
175b 
alienate the interest on or before May 1, 2025.
 ←Ĥ
(2) If a restricted foreign entity fails to alienate an interest in land [
in accordance with
Subsection (1), the interest escheats to the state.
] 
as described in Subsection (1), the Division of
Facilities Construction and Management shall sell the interest in land in accordance with
Subsection (3).
(3) The Division of Facilities Construction and Management shall sell an interest in
land described in Subsection (2):
(a) at public auction;
(b) when practicable, in the city, town, or precinct where the land is located;
(c) the day after the one year time period described in Subsection (1) elapses, but not
longer than one year after the day on which the time period in Subsection (1) elapses;
(d) after publication of the date, time, and place of sale:
(i) in a newspaper having general circulation in the county, once in each of the two
successive weeks immediately preceding the date of the sale; and
(ii) in accordance with Section 
45-1-101
 for the two weeks immediately preceding the
date of the sale; and
(e) after notification, sent by certified mail at least 10 days before the first date of
publication described in Subsection (3)(d), to:
(i) the restricted foreign entity;
(ii) all lien holders of record; and
(iii) any other person known to have an interest in the land.
195a 
Ĥ→ 
(4) If a political subdivision sold an interest in land described in Subsection (2) to the
195b 
restricted foreign entity, the political subdivision has a right of first refusal before the sale
195c 
described in Subsection (3).
 ←Ĥ
195a 
Ĥ→
 [
(4)
] 
(5)
After the sale of the interest in land described in Subsection (3), the Division of
195b 
Facilities Construction and Management shall submit to the county recorder for recording
195c 
notice of a sale described in this section.
 ←Ĥ
Ĥ→ [
(4)
]
 [
(5)
] 
(6)
←Ĥ
Proceeds from a sale under Subsection (3) shall:
(a) satisfy any outstanding liens on the interest in land; and
(b) after satisfying any outstanding liens, be deposited into the General Fund.
Section 5. 
Effective date.
This bill takes effect on May 1, 2024.