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25LSO-0163
2025
STATE OF WYOMING
25LSO-0163
Numbered
2.0
SENATE FILE NO. SF0076
Protecting critical infrastructure from foreign adversaries.
Sponsored by: Joint Appropriations Committee
A BILL
for
AN ACT relating to property; prohibiting conveyances near critical infrastructure to prohibited foreign adversaries as specified; requiring review and approval of specified conveyances; authorizing the office of homeland security to review and investigate specified conveyances; authorizing actions for divestiture; providing an exception for resident aliens; requiring notice in assessment schedules and tax statements; providing and amending definitions; requiring rulemaking; authorizing positions; providing an appropriation; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 19
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13
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503 through 19
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13
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506 and 34
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15
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201 through 34
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15
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203 are created to read:
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13
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503.
Conveyances to prohibited foreign parties; authority; rulemaking.
The office of homeland security shall review and investigate conveyances that require approval under W.S. 19
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13
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504 through 19
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13
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506 to prevent prohibited foreign parties from gaining access or proximity to critical infrastructure. The director shall promulgate any rules necessary to implement W.S. 19
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13
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504 through 19
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13
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506.
19
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13
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504.
Conveyances to prohibited foreign parties; application; form; initial determination; review and investigation period.
(a)
On and after July 1, 2025, a prohibited foreign party seeking a conveyance in the state of Wyoming shall apply to the office of homeland security for approval of the conveyance, except as provided in W.S. 19
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13
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506.
(b)
An application for approval of a conveyance shall be in a form and manner prescribed by the office of homeland security and shall include all of the following:
(i)
The name and complete legal address of the prohibited foreign party filing the application;
(ii)
The name and complete legal address of each party seeking to hold an interest in the real property;
(iii)
A description of each party's proposed interest in the real property;
(iv)
The location of the real property;
(v)
The current and intended use of the real property;
(vi)
All documents provided in any review of the conveyance conducted by the committee on foreign investment in the United States;
(vii)
Any other documentation or information the office of homeland security deems necessary.
(c)
After receipt of an application, the office of homeland security shall determine if the applicant is a prohibited foreign party and if the real property subject to conveyance is located on, within or partially within a critical infrastructure zone. Any conveyance to a prohibited foreign party of real property located on, within or partially within a critical infrastructure zone shall require approval by the office of homeland security, except as provided in W.S. 19
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13
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506. Not later than ninety (90) days after receipt of an application, the office of homeland security shall notify the applicant in writing whether the conveyance requires its approval.
The date the applicant is notified that a conveyance requires approval shall commence the review and investigation period for the conveyance of real property.
(d)
The review and investigation period for the conveyance of real property shall not exceed one hundred eighty (180) days, except as provided in this subsection and subsection (e) of this section. Upon good cause, the office of homeland security may reserve an additional ninety (90) days for review and investigation. Upon written request from an applicant specifying the need for an accelerated review, the office of homeland security may expedite its review and investigation.
(e)
The office of homeland security shall not approve or deny a conveyance that is a covered transaction under the jurisdiction and review of the committee on foreign investment in the United States, as provided by 50 U.S.C. Section 4565, until final action for the covered transaction is complete. This subsection shall not prohibit the office of homeland security from conducting review or investigation of a conveyance or reporting information to the committee on foreign investment in the United States.
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13
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505.
Conveyances to prohibited foreign parties; authority to investigate; factors for approval; letters of approval; appeal.
(a)
The office of homeland security, the attorney general and the division of criminal investigation may take any action authorized by law to review and investigate a conveyance that requires approval by the office of homeland security. Any investigation and information obtained during the review and investigation shall not be considered a public record and shall not be open to public inspection but may be released to any other state or federal governmental entity when necessary to protect the public interest.
(b)
In determining whether to approve or deny a conveyance of real property, the office of homeland security shall consider the following factors:
(i)
The proposed ownership or controlling interests of the real property subject to conveyance;
(ii)
The potential impact of the conveyance to state security or critical infrastructure;
(iii)
The proximity of the real property subject to conveyance to any critical infrastructure;
(iv)
Any other factor reasonably related to the protection of state security or critical infrastructure that is deemed relevant by the office of homeland security.
(c)
The director shall issue an applicant an approval letter for a conveyance subject to the approval of the office of homeland security if any of the following conditions are met:
(i)
The office of homeland security determines the conveyance does not pose a risk to state security or critical infrastructure;
(ii)
The office of homeland security failed without good cause to complete the review and investigation of a conveyance during the review and investigation period;
(iii)
The applicant is issued a safe harbor with respect to a covered transaction, as described in 31 C.F.R. § 800.508(d) and section 7(f) of presidential executive order 11858, as amended, for the same conveyance.
(d)
The director shall notify an applicant in writing if the office of homeland security denies an application for the conveyance.
(e)
Upon notification that a conveyance does not require the approval of the office of homeland security or upon the issuance of an approval letter, a conveyance shall not be subject to any further review or investigation under W.S. 19
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503 through 19
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13
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506 unless the applicant provided false or misleading information to the office of homeland security, omitted material information in its application or is subject to W.S. 19
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506(b).
(f)
An applicant may appeal the denial of a conveyance by the office of homeland security in accordance with the Wyoming Administrative Procedure Act.
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13
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506.
Conveyances to prohibited foreign parties; exception for resident aliens.
(a)
A prohibited foreign party who is a resident alien shall have the right to be conveyed real property in the state of Wyoming upon the same terms as a citizen of the United States during the continuance of the alien's residence in the state of Wyoming.
(b)
If a party exempted under subsection (a) of this section ceases to be a resident alien or to have residence in the state of Wyoming, and the party acquired real property on or after July 1, 2025, the prohibited foreign party's interest in the real property shall require approval by the office of homeland security in the manner provided for a conveyance under W.S. 19
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13
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503 through 19
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13
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505 and may be subject to divestiture as provided in W.S. 34
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15
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201 through 34
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203.
ARTICLE 2
CONVEYANCES NEAR CRITICAL INFRASTRUCTURE
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15
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201.
Definitions.
The definitions in W.S. 19
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501 shall apply to this article.
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202.
Conveyances to prohibited foreign parties near critical infrastructure zones; prohibition; violations; enforcement.
(a)
On and after July 1, 2025, no conveyance of real property located on, within or partially within a critical infrastructure zone shall be made to a prohibited foreign party unless the prohibited foreign party obtains an approval letter from the office of homeland security if required under W.S. 19
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13
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503 through 19
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506.
(b)
A prohibited foreign party that is conveyed real property in the state of Wyoming on or after July 1, 2025 in violation of subsection (a) of this section shall divest of the real property that is the subject of the conveyance within an amount of time determined reasonable in rule of the office of homeland security for different classes of real property. The office of homeland security shall provide notice to the prohibited foreign party stating that the party is in violation of this section and specifying the date by which divestiture shall be complete. When the prohibited foreign party voluntarily divests of the real property either before or after receiving notice from the office of homeland security or when the prohibited foreign party's interest is involuntarily divested under subsection (c) of this section, the proceeds of any conveyance of the real property, together with the proceeds of any conveyance of personal property on or within the real property, shall be held in escrow by the office of state lands and investments until satisfactory arrangements are made by the prohibited foreign party to compromise, satisfy and pay any liens on the real property. Any remaining proceeds shall be remitted to the prohibited foreign party.
(c)
If a prohibited foreign party does not divest of the real property within the time required by subsection (a) of this section, the attorney general shall commence an action for divestiture in a court of appropriate jurisdiction to enforce this section. If the court determines that the real property interest is held in violation of law, the court shall order that the real property be sold at auction.
(d)
The proceeds of any sale at auction of real property ordered by a court under subsection (c) of this section shall be disbursed to lien holders, in the order of priority, except for liens which under the terms of any sale are to remain on the real property. Any remaining proceeds shall be remitted to the prohibited foreign party.
(e)
When pursuing an action for divestiture under subsection (c) of this section, the attorney general shall promptly record a copy of the following with the county clerk in the county where the real property is located:
(i)
Notice of the pendency of an action brought under this section;
(ii)
Any court order for the sale of the real property under this section.
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203.
Validity of title.
Title to real property shall not be invalid or subject to divestiture due to a violation of this article by any former owner or by another person holding or owning a former interest in the real property.
Section 2.
W.S. 19
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105(c) by creating a new paragraph (viii), 19
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501(a)(i), (iv) and by creating new paragraphs (vi) through (xii), 19
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502(d) and (e), 39
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103(b)(viii) and 39
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107(b)(i)(C) are amended to read:
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13
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105.
Homeland security program.
(c)
The director is the administrative head of the Wyoming office of homeland security. In addition to the duties described in W.S. 19
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104(d) the director:
(viii)
Shall, in conjunction with the attorney general, enforce the prohibition specified in W.S. 34
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202(a) for the conveyance of real property to a prohibited foreign party that is located on, within or partially within a critical infrastructure zone unless the prohibited foreign party obtains an approval letter from the office of homeland security if required under W.S. 19
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503 through 19
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506.
19
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501.
Definitions.
(a)
As used in this article:
(i)
"Conveyance"
and "conveyance of real property"
means
as defined by W.S. 34
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1
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102 and includes conveyances of real property, surface interests, mineral interests and pore space interests
every instrument in writing by which any interest in real property is created, alienated, mortgaged, leased or assigned, or by which the title to any real property may be affected in law or in equity. "Conveyance" shall not include wills
;
(iv)
"
Designated country or person
Foreign adversary
" means:
(A)
A foreign government or foreign nongovernment person
now or in the future
determined to be a foreign adversary by the United States secretary of commerce and specified in
15 C.F.R. 7.4(a)
15 C.F.R. 791.4(a)
;
(B)
A country or government
now or in the future
designated as a state sponsor of terrorism by the United States secretary of state under the federal Export Administration Act of 1979, the Foreign Assistance Act of 1961, the Arms Export Control Act or any other provision of federal law.
(vi)
"Foreign government" means any government other than the United States federal government or any government of a state, territory, district or political subdivision thereof;
(vii)
"Party" means any natural person, business entity, corporation, company, association, firm, partnership, society, joint
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stock company, trust, estate or any other legal entity;
(viii)
"Prohibited foreign party" means:
(A)
A citizen or resident of a foreign adversary, who is not a citizen of the United States;
(B)
A foreign government formed within a foreign adversary;
(C)
A party other than a natural person or a government, that is created or organized under the laws of a foreign government within a foreign adversary;
(D)
Any party other than a natural person or a government:
(I)
That is created or organized under the laws of any state of the United States; and
(II)
In which a significant interest or substantial control is directly or indirectly held or is capable of being exercised by any one (1) or more of the following:
(1)
A citizen or resident of a foreign adversary, who is not a citizen of the United States;
(2)
A foreign government formed within a foreign adversary;
(3)
A party other than a natural person or a government, that is created or organized under the laws of a foreign government within a foreign adversary.
(E)
An agent, trustee, subsidiary or other fiduciary of a person or entity enumerated in subparagraphs (A) through (D) of this paragraph.
(ix)
"Real property" means all interests in land and appurtenances, including structures, affixed thereto, and any intangible characteristic that contributes to the fair market value thereof. "Real property" includes surface interests, mineral interests and pore space interests;
(x)
"Residence" means a natural person's principal dwelling place where the person intends to remain permanently for an indefinite period of time;
(xi)
"Resident alien" means a natural person who is not a citizen of the United States and is a resident of a state, territory, trusteeship or protectorate of the United States;
(xii)
"Significant interest" or "substantial control" means an interest of any of the following:
(A)
Twenty
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five percent (25%) or more held by a natural person referred to in subparagraph (viii)(A) of this subsection, a foreign government referred to in subparagraph (viii)(B) of this subsection or a party referred to in subparagraphs (viii)(C) and (D) of this subsection;
(B)
Twenty
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five percent (25%) or more held whenever the parties, natural persons or governments referred to in subparagraph (A) of this paragraph are acting in concert with respect to the interest even though no single natural person, party or government holds an interest of twenty
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five percent (25%) or more;
(C)
Twenty
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five percent (25%) or more, in the aggregate, held by natural persons, parties or governments referred to in subparagraph (A) of this paragraph even though the natural persons, parties or foreign governments may not be acting in concert;
(D)
Less than twenty
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five percent (25%), if the natural person, party or government referred to in subparagraph (A) of this paragraph actually directs the business and affairs of the party.
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502.
Critical infrastructure zones; reporting of conveyances; investigations; rulemaking.
(d)
Upon receiving a report from a county clerk under subsection (c) of this section, the director and the division of criminal investigation shall, upon reasonable suspicion, investigate the conveyance to determine if the conveyance involves a
designated country or person
foreign adversary
or if the conveyance poses a threat to national or state security or to critical infrastructure.
If a conveyance requires approval by the office of homeland security under W.S. 19
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503 through 19
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506, but application has not been made, the director shall notify all parties to the conveyance.
(e)
The director, the attorney general and the division of criminal investigation may take any action authorized by law to determine the actual identity of any party to a conveyance reported under this section if the party's actual identity is not clear from the conveyance.
Any investigation and information obtained during the investigation shall
remain confidential
not be a public record
and shall not be open to public inspection
but may be released to any other state or federal governmental entity when necessary to protect the public interest
.
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13
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103.
Imposition.
(b)
Basis of tax. The following shall apply:
(viii)
Every assessment schedule sent to a taxpayer shall contain the property's estimated fair market value for the current and previous year, or, productive value in the case of agricultural property. The schedule shall also contain the assessment ratio as provided by paragraph (b)(iii) of this section for the taxable property, the amount of taxes assessed on the taxable property from the previous year, and an estimate of the taxes which will be due and payable for the current year based on the previous year's mill levies and, if the property is a single family residential structure, an estimate of the taxes that will be avoided if the property is eligible for the exemptions under W.S. 39
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105(a)(xliii) and (xliv).
The schedule shall also contain a statement describing the requirement in W.S. 19
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503 through 19
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506 that a prohibited foreign party shall apply to the office of homeland security to determine if a conveyance of real property in the state of Wyoming is located on, within or partially within a critical infrastructure zone.
The schedule shall contain a statement of the process to contest assessments as prescribed by W.S. 39
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109(b)(i);
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107.
Compliance; collection procedures.
(b)
The following provisions shall apply to the payment of taxes, distraint of property and deferral:
(i)
The following shall apply to the payment of taxes due:
(C)
Annually, on or before October 10 the county treasurer shall send a written statement to each taxpayer by mail at his last known address or, if offered by the county and upon request of the taxpayer, by electronic transmission of the total tax due, itemized as to property description, assessed value and mill levies. The notice shall contain information, including contact information, of any property tax relief program authorized by state law and, if the property is a single family residential structure, the taxes that will be avoided pursuant to the exemptions under W.S. 39-11-105(a)(xliii) and (xliv).
The notice shall also contain a statement describing the requirement in W.S. 19
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503 through 19
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506 that a prohibited foreign party shall apply to the office of homeland security to determine if a conveyance of real property in the state of Wyoming is located on, within or partially within a critical infrastructure zone.
Failure to send notice, or to demand payment of taxes, does not invalidate any taxes due;
Section 3.
(a)
The office of homeland security is authorized up to two (2) full
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time positions for the purposes of this act. It is the intent of the legislature that the office of homeland security include these positions in its standard budget request for the immediately succeeding fiscal biennium.
(b)
There is appropriated two hundred nine thousand eight hundred dollars ($209,800.00) from the general fund to the office of homeland security for the positions authorized in subsection (a) of this section and the purposes of this act.
This appropriation shall be for the period beginning with the effective date of this section and ending June 30, 2026.
This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2026. It is the intent of the legislature that this appropriation be doubled and included in the standard budget request of the office of homeland security for the immediately succeeding fiscal biennium.
Section 4.
(a)
Except as otherwise provided in subsection (b) of this section, this act is effective July 1, 2025.
(b)
Sections 3 through 4 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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SF0076