New Hampshire HB 1606: regulating real property ownership by Chinese nationals and providing for civil, criminal, and administrative penalties.

Bill Text

HB 1606-FN - AS INTRODUCED

2026 SESSION

 26-2394

 04/09

HOUSE BILL 1606-FN

AN ACT regulating real property ownership by Chinese nationals and providing for civil, criminal, and administrative penalties.

SPONSORS: Rep. Belcher, Carr. 4; Rep. Perez, Rock. 16; Rep. Sabourin dit Choiniere, Rock. 30; Rep. Sirois, Hills. 32; Rep. Terry, Belk. 7; Rep. Sellers, Graf. 10

COMMITTEE: Commerce and Consumer Affairs

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ANALYSIS

 This bill restricts PRC nationals from acquiring ownership or controlling interests in real property in New Hampshire.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2394

 04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT regulating real property ownership by Chinese nationals and providing for civil, criminal, and administrative penalties.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Short Title. This act may be known as and cited to as the "New Hampshire Real Property Security Act." 

 2 New Subdivision; New Hampshire Real Property Security Act. Amend RSA 477 by inserting after section 22-f the following new subdivision: 

New Hampshire Real Property Security Act

 477:22-g Purpose Statement. The general court finds that nationals of the People's Republic of China (PRC), excluding U.S. citizens, pose a presumptive risk of hostile action through asymmetric warfare perpetrated by the Chinese Communist government against the United States of America and an existential threat to New Hampshire and its citizenry, including through espionage, intellectual property theft, technology transfer, and chemical, biological, and cyber terrorism and warfare via ownership or control of real property. These nationals pose a hostile risk to critical infrastructure, supply chains, agriculture, and the lives and livelihoods of Granite Staters. This act aims to protect national security while providing due process. Pursuant to the state's sovereign police powers under the Tenth Amendment to the United States Constitution, New Hampshire asserts authority to regulate real property ownership and control to protect against foreign adversary threats, including asymmetric warfare by the People's Republic of China, without federal preemption, as this act addresses local public safety, economic security, and infrastructure protection within the state's borders. 

 477:22-h Definitions. In this subdivision: 

 I. "PRC national" (PRC) means any citizen or agent of the People's Republic of China who is not a U.S. citizen, including but not limited to those with direct, compromising ties such as employment by PRC state-owned enterprises, membership in the Chinese Communist Party, financial links to the PRC government, pledged allegiance to PRC leaders, or acting on orders originating from the PRC government. 

 II. "Real property" means property consisting of land, buildings, crops, or other resources still attached to or within the land or improvements or fixtures permanently attached to the land or a structure on it. 

 III. "Controlling interest" means ownership, lease, occupancy, or any form of control over real property. 

 477:22-i Ownership or Controlling Interest; Prohibitions. 

 I. No PRC national, as defined in RSA 477:22-h, I, shall acquire or maintain a controlling interest in real property in New Hampshire. 

 II. No entity shall facilitate the acquisition or control of real property by a PRC national, including through partnerships, grants, or collaborations affiliated with the PRC government. 

 III. For PRC nationals holding controlling interests as of the date this section becomes law, a 90-day window from the effective date of this act is provided for voluntary divestment through sale, during which the PRC national(s) may retain proceeds from sale. Continued controlling interest by PRC nationals after this period shall create a presumption of hostile intent, triggering immediate default of property to state control for investigation and remediation of any threats present in conjunction with relevant federal authorities and resources, after which the state shall auction the property. 

 477:22-j Civil Penalties. 

 I. Upon a judicial or administrative finding that a PRC national engaged in prohibited conduct under RSA 477:22-i, a civil penalty of 25 percent of the greater of the fair market value or actual price paid for the property per violation shall be assessed. 

 II. Civil penalties imposed under this section shall be in addition to, and not in lieu of, any forfeiture or seizure of property under RSA 477:22-l. 

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