SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR
HOUSE BILL NO. 2069
As Recommended by Senate Committee on
Judiciary

Brief*
Senate Sub. for HB 2069 would restrict ownership
interests in, and prohibit the conveyance of, certain real
property located in Kansas to foreign adversaries, as defined
by federal regulation.

Definitions
The bill would define the following terms:
● “Entity” would mean a partnership, association,
trust, joint venture, corporation, group, subgroup,
or other non-United States governmental
organization;
● “Foreign adversary” would mean any government
or non-government person determined to be a
foreign adversary pursuant to 15 CFR § 7.4, as in
effect on July 1, 2023, except as otherwise
provided [Note: The current federal list of foreign
adversaries as provided by the Office of the
Secretary of Commerce includes The People’s
Republic of China, including the Hong Kong
Special Administrative Region (China); Republic of
Cuba (Cuba); Islamic Republic of Iran (Iran);
Democratic People’s Republic of Korea (North
Korea); Russian Federation (Russia); and
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 Venezuelan politician Nicolás Maduro (Maduro
Regime).];
● “Person” would mean an individual or entity;
● “Person owned by, controlled by, or subject to the
jurisdiction or direction of a foreign adversary”
would mean:
○ Any person, wherever located, who acts as an
agent, representative, or employee, or any
person who acts in any other capacity at the
order, request, or under the direction or
control, of a foreign adversary or of a person
whose activities are directly or indirectly
supervised, directed, controlled, financed, or
subsidized in whole or in majority part by a
foreign adversary;
○ Any person, wherever located, who is a
citizen or resident of a nation-state controlled
by a foreign adversary, unless such person is
a dual citizen of the United States and a
foreign adversary;
○ Any corporation, partnership, association, or
other organization organized under the laws
of a nation-state controlled by a foreign
adversary; or
○ Any corporation, partnership, association, or
other organization, wherever organized or
doing business, that is owned or controlled by
a foreign adversary.
Updates to the Foreign Adversary List by the Secretary
of Agriculture
The bill would allow, when 15 CFR § 7.4 is amended
after July 1, 2023, the Secretary of Agriculture, in the
Secretary’s sole discretion, to adopt rules and regulations that
would add or remove a government or non-government

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person from the definition of “foreign adversary,” but only after
giving due consideration to the risks to state and national
security and economic costs and benefits of such action.

Restrictions on Interest in Real Property After July 1,
2023
The bill would not permit any person who is owned by,
controlled by, or subject to the jurisdiction or direction of a
foreign adversary (foreign adversary) to purchase, acquire by
grant, devise, or descent or otherwise obtain ownership in
real property located in Kansas on or after July 1, 2023.
Such restrictions would not apply to residential real
property acquired for the purpose of the owner establishing a
personal residence or to land acquired by:
● A process of law in the collection of debts;
● A deed in lieu of foreclosure pursuant to a forfeiture
of a contract for deed; or
● Any procedure for the enforcement of a lien or
claim on the land, whether created by mortgage or
otherwise.
If land, other than residential property, was acquired by
any of the above-mentioned manners, such land would be
required to be sold or otherwise disposed of within two years
after title is transferred.

Conveyance of Real Property to Foreign Adversary
The bill would allow a foreign adversary to sell or convey
all or a portion of an ownership interest in Kansas property
acquired prior to July 1, 2023, or residential real property
located in Kansas that was acquired after July 1, 2023,

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unless such sale or conveyance is to another foreign
adversary.

Inheritance of Real Property by Foreign Adversary
The bill would allow a foreign adversary who inherits real
property on or after July 1, 2023, twelve months to divest
such property once the violation is known. The divestiture of
real property would be an affirmative defense to such
violation.

Duty of the Attorney General to Investigate Violations
The bill would require the Attorney General to
investigate any sale, transfer, or other conveyance of title to
real property located in Kansas if the Attorney General has
reason to believe the transaction is a violation of the bill’s
provisions.

Forfeiture of Real Property
The bill would make real property that is the subject
matter of a transaction in violation of the bill’s provisions
subject to the Kansas Standard Asset Seizure and Forfeiture
Act.

Severability
The bill would contain a severabilty clause stating if any
provision of the bill is held invalid, such invalidity would not
effect any other provision of the bill that can be given effect
without the invalid provision.


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Background
The Senate Committee of Judiciary recommended a
substitute bill be passed incorporating modified provisions
contained in SB 283, concerning conveyance of property to
foreign adversaries. [Note: The provisions of HB 2069, as
passed by the House, concerning the tolling of postrelease
supervision time, were not retained in the substitute bill but
are included in Senate Sub. for HB 2010, as recommended
by the Senate Committee.]

SB 283
The bill was introduced by the Senate Committee on
Federal and State Affairs at the request of Senator
Thompson. It was withdrawn from the Committee on Federal
and State Affairs on March 7, 2023, and referred to the
Senate Committee on Judiciary.

Senate Committee on Judiciary
In the Senate Committee hearing on March 21, 2023,
proponent testimony was provided by a representative of the
Office of Attorney General, who generally stated the bill would
target those entities that pose a threat to the United States
and noted there are safeguards for non-citizens who are
legally in the United States to purchase land. An amendment
was also requested by the representative.
Written-only proponent testimony was provided by three
private citizens.
Opponent testimony was provided by a representative
of the Kansas Livestock Association, who requested an
amendment to the bill and expressed concerns that the bill is
unconstitutional and does not take into account the free
market and modern agricultural financing. Additional
opponent testimony was provided by a representative of the

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Kansas Land Title Association, who requested an amendment
and stated the bill is too broad and would subject an unknown
number of Kansas property owners to forfeiture; clarification
is needed for title companies to effectively assist with land
transfers in the state.
Neutral testimony was provided by a representative of
the Kansas Farm Bureau, who inquired as to the public policy
the bill seeks to address. Neutral testimony was also provided
by a representative of the Kansas Power Alliance, who
provided testimony that much of the data showing foreign
land ownership in Kansas land is flawed, as this data includes
foreign entities with wind leases in the state, and wind leases
do not constitute an ownership interest.
Written-only neutral testimony was provided by a
representative of the Kansas Bar Association.
The Senate Committee amended the bill to:
● Remove a reference to parcels of land of 10 or
more acres;
● Add that the provisions limiting ownership interests
would not apply to residential real property
acquired for the purpose of the owner establishing
a person residence; and
● Add that the provisions of the bill restricting the
sale and conveyance of property would not apply
to the sale or conveyance of residential real
property acquired after July 1, 2023.


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Fiscal Information

SB 283
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of the
Attorney General states the bill could increase its caseload,
but any increase could be absorbed within existing resources.
The Judicial Branch states the bill could have a fiscal effect,
but an estimate cannot be determined. The Department of
Agriculture states the bill would not have a fiscal effect on its
operating expenditures. Any fiscal effect associated with the
bill is not reflected in The FY 2024 Governor’s Budget Report.
Real property; conveyance of real property; Attorney General; foreign adversary;
Secretary of Agriculture


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Statutes affected:
As introduced: 22-3722