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Joint committees amend SB 242 to restrict foreign ownership of agricultural land and add enforcement provisions
Summary
Senate Bill 242, addressing foreign ownership of agricultural land, passed with amendments in a joint Judiciary and Ways and Means session. The committees added non-impairment-of-contract language and an enforcement amendment providing for reversion of consideration used in violating transactions.
Senate Bill 242, which would limit foreign entities’ ability to own, lease, or hold a controlling interest in agricultural land, passed with amendments during a joint Judiciary and Ways and Means committee decision-making session Oct. 14.
The committee adopted sponsor amendments that add non-impairment-of-contract language and revise the enforcement and penalty section so that consideration exchanged in a transaction that violates the statute would revert to the respective parties. "I'd like to add a non impairment of contract language and amend it and then amend the enforcement and penalty section to address reversion of funds used in a transaction in violation of the section," a senator said on the record before the committee moved to a vote. The motion was placed for the record and the measure was adopted.
Why it matters: SB 242 changes ownership rules for agricultural land and adds a mechanism intended to strip improper transfers of their monetary consideration. The enforcement change shifts remedies toward undoing the financial exchange in a violating transaction rather than prescribing only fines.
Committee record: The recommendation on SB 242 was recorded as "pass with amendments." The committee vote included recorded "aye" votes and several members entered reservations, but the motion was adopted on the record in both the Judiciary and Ways and Means panels. Chair Rhodes called for the vote after the amendments were offered.
What the transcript shows: Committee members discussed adding the non-impairment clause and the reversion remedy; the sponsor moved the amended SD1 version for a vote; Chair Rhodes and other members voted to adopt the measure with amendments. The committee instructed that the sponsor's amendments be incorporated into the bill draft going forward.
Next steps: The amended SB 242 SD1 proceeds according to the Senate’s legislative schedule and drafting staff will incorporate the committee’s changes into the next released draft.
