Missouri SB 243: Modifies provisions relating to the foreign ownership of agricultural land

Bill Text

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 243
101ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR BECK.
0527S.01I ADRIANE D. CROUSE, Secretary
AN ACT
To repeal section 442.571, RSMo, and to enact in lieu thereof one new section relating to foreign
ownership of agricultural land.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 442.571, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 442.571, 2
to read as follows:3
442.571. 1. Except as provided in sections 442.586 1
and 442.591, [no alien or foreign business shall acquire by 2
grant, purchase, devise, descent or otherwise agricultural 3
land in this state if the total aggregate alien and foreign 4
ownership of agricultural acreage in this state exceeds one 5
percent of the total aggregate agricultural acreage in this 6
state. A sale or transfer of any agricultural land in this 7
state shall be submitted to the director of the department 8
of agriculture for review in accordance with subsection 3 of 9
this section only if there is no completed Internal Revenue 10
Service Form W-9 signed by the purchaser] beginning August 11
28, 2021, no alien or foreign business shall acquire by 12
grant, purchase, devise, descent, or otherwise any 13
agricultural land in this state. Any alien or foreign 14
business who acquired any agricultural land in this state 15
prior to August 28, 2021, shall not grant, sell, or 16
otherwise transfer such agricultural land to any other alien 17
or foreign business on or after August 28, 2021. No person 18

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may hold agricultural land as an agent, trustee, or other 19
fiduciary for an alien or foreign business in violation of 20
sections 442.560 to 442.592, provided, however, that no 21
security interest in such agricultural land shall be 22
divested or invalidated by such violation. 23
2. Any alien or foreign business who acquires 24
agricultural land in violation of sections 442.560 to 25
442.592 remains in violation of sections 442.560 to 442.592 26
for as long as [he or she] the alien or foreign business 27
holds an interest in the land, provided, however, that no 28
security interest in such agricultural land shall be 29
divested or invalidated by such violation. 30
3. Subject to the provisions of subsection 1 of this 31
section, [such] all proposed [acquisitions] transfers on or 32
after August 28, 2021, by grant, purchase, devise, descent, 33
or otherwise of any interest in agricultural land held by 34
any alien or foreign business in this state shall be 35
submitted to the department of agriculture to determine 36
whether such [acquisition] transfer of agricultural land is 37
conveyed in accordance with the [one percent restriction on 38
the total aggregate] prohibition on alien and foreign 39
ownership of agricultural land in this state under this 40
section. The department shall establish by rule the 41
requirements for submission and approval of requests under 42
this subsection. 43
4. Any rule or portion of a rule, as that term is 44
defined in section 536.010, that is created under the 45
authority delegated in this section shall become effective 46
only if it complies with and is subject to all of the 47
provisions of chapter 536 and, if applicable, section 48
536.028. This section and chapter 536 are nonseverable and 49
if any of the powers vested with the general assembly 50

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pursuant to chapter 536 to review, to delay the effective 51
date, or to disapprove and annul a rule are subsequently 52
held unconstitutional, then the grant of rulemaking 53
authority and any rule proposed or adopted after August 28, 54
2014, shall be invalid and void. 55
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