442.592. Report required--content--failure to file, civil penalty, venue--foreign person, defined--rules, procedure.
Report required--content--failure to file, civil penalty,venue--foreign person, defined--rules, procedure.
442.592. 1. For the purposes of this section, the term "foreignperson" means:
(1) An individual who is not a citizen of the United States and whohas not been lawfully admitted to the United States for permanent residenceunder the Immigration and Nationality Act or who has not been made acitizen by an act of Congress;
(2) An entity, other than an individual or a government, that iscreated or organized under the laws of a nation other than the UnitedStates, or that has its principal place of business in a foreign nation;
(3) An entity, other than an individual or a government, that iscreated or organized under the laws of the United States or of some state,territory, trusteeship or protectorate of the United States and that, asdefined in regulations to be prescribed by the director, is substantiallycontrolled by individuals referred to in subdivision (1) of thissubsection, entities referred to in subdivision (2) of this subsection,governments of foreign nations, or any combination of such individuals,entities, or governments; and
(4) A government of a foreign nation.
2. Any foreign person who holds any interest (including leaseholds often or more years and beneficial interests in the agricultural land undercontracts of sale or similar arrangements), other than a security interest,in agricultural land on September 28, 1979, shall submit, or have adesignated agent submit, a report to the director of agriculture not laterthan sixty days after September 28, 1979; provided, however, that noreporting requirement attaches to any holding by an alien or a foreignperson or a foreign business of an interest in agricultural land for theextraction, refining, processing or transportation of oil, gas, coal orlignite. Such report shall be submitted in such manner as the directorshall prescribe by regulation and shall contain:
(1) The legal name and address of the foreign person;
(2) In any case in which the foreign person is an individual, thecitizenship of the foreign person;
(3) In any case in which the foreign person is not an individual or agovernment:
(a) The nation in which the foreign person is created or organized;
(b) The principal place of business of the foreign person;
(c) The legal name and address of each person who holds a substantialinterest (as defined in regulations to be prescribed by the director) inthe foreign person and, in any case in which the holder of such an interestis an individual, the citizenship of the holder and, in any case in whichthe holder of such an interest is not an individual or a government, thenation in which the holder is created or organized and the principal placeof business of the holder;
(4) The type of interest in the agricultural land that is held by theforeign person;
(5) A legal description of the agricultural land, including thecounty in which the land is located and the total acreage involved;
(6) The date of acquisition of the interest and the purchase pricepaid for, or any other consideration given for, the interest;
(7) A declaration of the type of agricultural activity engaged in bythe reporting foreign person;
(8) In the case where any foreign person holds an interest inagricultural land for the purposes outlined in section 442.591, adeclaration of intent as to the intended use of the land.
3. No rule or portion of a rule promulgated under the authority ofsections 442.560 to 442.591 shall become effective unless it has beenpromulgated pursuant to the provisions of section 536.024, RSMo.
4. Any foreign person who acquires or transfers any interest(including leaseholds of ten years or more and beneficial interests inthe agricultural land under contracts of sale or similar arrangements),other than a security interest, in agricultural land shall submit, or havea designated agent submit, a report to the director not later than thirtydays after the date of such acquisition or transfer; provided, however,that no reporting requirement attaches to an acquisition or transfer by analien or a foreign person or a foreign business of an interest inagricultural land for the extraction, refining, processing, ortransportation of oil, gas, coal or lignite. Such report shall besubmitted in such manner as the director shall prescribe by regulation andshall contain:
(1) The legal name and address of the foreign person;
(2) In any case in which the foreign person is an individual, thecitizenship of the foreign person;
(3) In any case in which the foreign person is not an individual or agovernment:
(a) The nation in which the foreign person is created or organized;
(b) The principal place of business of the foreign person;
(c) The legal name and address of each person who holds a substantialinterest (as defined in regulations to be prescribed by the director) inthe foreign person and, in any case in which the holder of such an interestis an individual, the citizenship of the holder and, in any case in whichthe holder of such an interest is not an individual or a government, thenation in which the holder is created or organized and the principal placeof business of the holder;
(4) The type of interest in the agricultural land that is acquired ortransferred by the foreign person;
(5) A legal description of the agricultural land including the countyin which the land is located and the total acreage involved;
(6) The purchase price paid or received for, or any otherconsideration given or received for, the interest;
(7) In any case in which the foreign person transfers the interest,the legal name and the address of the person to whom the interest istransferred, and
(a) In any case in which the transferee is an individual, thecitizenship of the transferee; and
(b) In any case in which the transferee is not an individual or agovernment, the nation in which the transferee is created or organized andthe principal place of business of the transferee;
(8) A declaration of the type of agricultural activity engaged in bythe reporting foreign person;
(9) In the case where any foreign person acquires an interest inagricultural land for the purposes outlined in section 442.591, adeclaration of intent as to the intended use of the land.
5. The director may promulgate rules and regulations pertaining tothe form and content of reports required by this section; the proceduresfor filing such reports; and the analysis and distribution of findings anddeterminations based on the reports required by this section.
6. (1) The director shall:
(a) Analyze the information obtained under this section and determinethe effects of foreign persons acquiring, transferring and holdingagricultural land, particularly the effects of such acquisitions, transfersand holdings on family farms and rural communities; and
(b) Transmit to the governor and each house of the general assembly areport on the director's findings and conclusions regarding each analysisand determination made under paragraph (a) above;
(2) An analysis and determination shall be made, and a report on thedirector's findings and conclusions regarding such analysis anddetermination transmitted:
(a) With respect to information obtained by the director under thissection during the six-month period following September 28, 1979, withinnine months after such date;
(b) With respect to information obtained by the director under thissection during the twelve-month period following September 28, 1979, withinfifteen months after such date; and
(c) With respect to each calendar year following the twelve-monthperiod referred to in paragraph (b), within ninety days after the end ofsuch calendar year.
7. Any foreign person who fails to file a report required under theprovisions of this section is liable to the state in civil penalty. Thecivil penalty shall be determined by the circuit court in an amount not toexceed twenty-five percent of the fair market value of the interest inagricultural land with respect to which the violations occurred on the dateof the assessment of the penalty. The attorney general shall recover theamount of any civil penalty assessed in a civil action in the circuit courtin the county in which any part of the land involved is located.
(L. 1979 S.B. 34, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)