Amendment ASA1-AB30

2025 - 2026 LEGISLATURE

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ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 30

April 24, 2025 - Offered by Representative Penterman.

AB30-ASA1,1,2 An Act to amend 710.01; to create 710.04 of the statutes; relating to: prohibiting foreign adversaries from acquiring real property in this state.

Analysis by the Legislative Reference Bureau

Under current law, a foreign person generally “may acquire and hold lands or any right thereto or interest therein” and “may convey, mortgage and devise the same . . . in like manner and with like effect as if such alien were a native citizen of the state or of the United States.” This bill prohibits a foreign principal of a foreign adversary from acquiring, owning, or holding any interest in real property in this state.

Under the bill, “foreign adversary” means a person determined by the U.S. Department of Commerce to be a foreign adversary of the United States. Those countries currently include China, Cuba, Iran, North Korea, Russia, and Venezuela under the regime of Nicolás Maduro. The bill defines “foreign principal” to mean any of the following:

1. The government or an official of the government of a foreign adversary.

2. An individual who is a citizen of a foreign adversary, is not a lawful permanent resident of the United States, and does not hold a valid, unexpired visa issued by the federal department of state that authorizes the individual to be legally present in this state.

3. A business entity that is organized under the laws of a foreign adversary and that does not have its principal place of business in the United States.

4. An investment fund that is owned or controlled by a foreign adversary or agent of a foreign adversary.

5. An entity that has 50 percent or more of its stock, securities, or other indicia of ownership owned or controlled, directly or indirectly, by a person or combination of persons described in items 1 to 4.

6. An agent of a person described in items 1 to 5.

The bill provides that any interest acquired, owned, or held by a foreign principal of a foreign adversary in violation of the bill is forfeited to the state.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB30-ASA1,1 Section 1. 710.01 of the statutes is amended to read:

AB30-ASA1,2,8 710.01 Aliens may acquire lands. Subject to the limitations of s. ss. 710.02 and 710.04, an alien may acquire and hold lands or any right thereto or interest therein by purchase, devise, or descent, and the alien may convey, mortgage, and devise the same; and if the alien shall die intestate the same shall descend to the alien’s heirs; and in all cases such lands shall be held, conveyed, mortgaged, or devised or shall descend in like manner and with like effect as if such alien were a native citizen of the state or of the United States.

AB30-ASA1,2 Section 2. 710.04 of the statutes is created to read:

AB30-ASA1,2,11 710.04 Prohibition on foreign adversary ownership of real property. (1) Definitions. In this section:

AB30-ASA1,2,13 (a) “Entity” means a corporation, limited liability company, partnership, association, or other organization or enterprise.

AB30-ASA1,2,15 (b) “Foreign adversary” means a person determined to be a foreign adversary under 15 CFR 791.4.

AB30-ASA1,2,16 (c) “Foreign principal” means any of the following:

AB30-ASA1,3,1 1. The government or an official of the government of a foreign adversary.

AB30-ASA1,3,5 2. An individual who is a citizen of a foreign adversary, is not a lawful permanent resident of the United States, and does not hold a valid, unexpired visa issued by the federal department of state that authorizes the individual to be legally present in this state.

AB30-ASA1,3,7 3. A business entity that is organized under the laws of a foreign adversary and that does not have its principal place of business in the United States.

AB30-ASA1,3,9 4. An investment fund that is owned or controlled by a foreign adversary or agent of a foreign adversary.

AB30-ASA1,3,12 5. An entity that has 50 percent or more of its stock, securities, or other indicia of ownership owned or controlled, directly or indirectly, by a person or combination of persons described in subds. 1. to 4.

AB30-ASA1,3,13 6. An agent of a person described in subds. 1. to 5.

AB30-ASA1,3,15 (2) Prohibition. A foreign principal may not acquire, own, or hold any interest, directly or indirectly, in real property in this state.

AB30-ASA1,3,20 (3) Divestiture. If a person is determined to be a foreign principal after the effective date of this subsection .... [LRB inserts date], the person shall divest itself of any interests in real property in this state owned or held in violation of sub. (2) no later than 180 days after the date on which the person is determined to be a foreign principal.

AB30-ASA1,3,22 (4) Forfeitures. Any interest in real property acquired, owned, or held in violation of this section is forfeited to the state.

AB30-ASA1,4,2 (5) Applicability. This section applies to interests in real property acquired on or after the effective date of this subsection .... [LRB inserts date]. No interest acquired before the effective date of this subsection .... [LRB inserts date], is subject to divestiture or forfeiture under this section.

AB30-ASA1,4,3 (end)