SB 366-FN - AS INTRODUCED
2024 SESSION
24-3044
06/05
SENATE BILL 366-FN
AN ACT relative to restricting the purchase of real property on or around military installations.
SPONSORS: Sen. Birdsell, Dist 19; Sen. Watters, Dist 4; Sen. Gannon, Dist 23; Sen. Bradley, Dist 3; Sen. Lang, Dist 2; Sen. Gendreau, Dist 1; Sen. Altschiller, Dist 24; Sen. Ward, Dist 8; Sen. Carson, Dist 14; Sen. Pearl, Dist 17; Sen. Innis, Dist 7; Sen. Murphy, Dist 16
COMMITTEE: Commerce
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ANALYSIS
This bill prohibits the purchase of real property by the People's Republic of China on or within 10 miles of any military installations or critical infrastructure facilities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-3044
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to restricting the purchase of real property on or around military installations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Conveyances of Realty to Foreign Entities; Prohibited. Amend RSA 477 by inserting after section 22-a the following new section:
477:22-b Prohibition on Acquisition of Real Property on or around Military Installations; People's Republic of China.
I. Any company or development owned or controlled by a company that is owned, in whole or in part, by, or is a subsidiary of, a company that is owned by the People's Republic of China or the Chinese Communist Party or whose principal place of business is located within the People's Republic of China shall not own, lease, possess, or exercise any control over real property on or within 10 miles of any military installation or critical infrastructure facilities.
II. For purposes of this section:
(a) "Chinese Communist Party" includes all agencies, institutions, and instrumentalities of the Chinese Communist Party.
(b) "Company'"or "development" means a sole proprietorship, organization, association, corporation, partnership, trust, venture, group, subgroup, or any other entity or organization, its subsidiary or affiliate that exists for-profit-making purposes or to otherwise secure economic advantage.
(c) "People's Republic of China" includes all agencies, institutions, instrumentalities, and political subdivisions of the People's Republic of China.
(d) "Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense or the state of New Hampshire, including any leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other U.S. territory.
(e) ‘‘Critical infrastructure’’ means systems and assets, whether physical or virtual, so vital to the United States or the state of New Hampshire that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.
(f) "Critical infrastructure facility" means any of the following:
(1) Chemical, polymer, or rubber manufacturing facility.
(2) Communications facilities, including but not limited to privately owned communications infrastructure, including satellite, terrestrial, wireless communications and the Internet.
(3) Critical manufacturing, including but not limited to primary metals manufacturing, machinery manufacturing, electrical equipment, appliance and component manufacturing, and transportation equipment manufacturing.
(4) Dams, bridges, and tunnels.
(5) Military installations, including but not limited to facilities conducting or overseeing research, design, production and maintenance of military weapons systems.
(6) Emergency services, including but not limited to emergency management, emergency medical services, fire and rescue services, law enforcement, public works and other specialty emergency services.
(7) Energy facilities, including but not limited to the production and distribution of electricity, oil, and natural gas.
(8) Financial services facilities, including but not limited to banks, credit unions, insurance companies and investment institutions, or locations with the ability to deposit, withdraw, loan, invest, and transfer funds.
(9) Food and agriculture facilities, including but not limited to farms, restaurants, and food manufacturing facilities.
(10) Government facilities, including but not limited to federal, state, local and tribal government facilities; government offices, embassies, courthouses, schools, national monuments and election facilities.
(11) Health care and public health facilities.
(12) Information technology facilities.
(13) Nuclear reactors, materials, and waste facilities, including but not limited nuclear power plants, medical radioactive sources, and radioactive material transportation facilities.
(14) Transportation systems, including but not limited to highway and motor carriers, aviation, maritime transportation systems, mass transit and passenger rails, pipeline systems, freight rail, and postal and shipping facilities.
(15) Water and wastewater facilities or pump stations, including but not limited to public water supplies and water treatment facilities.
III. Any person who fails to comply with this section shall be guilty of a misdemeanor.
2 Effective Date. This act shall take effect January 1, 2025.
24-3044
12/1/23
SB 366-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to restricting the purchase of real property on or around military installations.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
| Date | Body | Type |
|---|---|---|
| Jan. 16, 2024 | Senate | Hearing |
| March 21, 2024 | Senate | Floor Vote |
| April 4, 2024 | Senate | Floor Vote |
| May 1, 2024 | House | Hearing |
| May 15, 2024 | House | Exec Session |
| May 15, 2024 | House | Floor Vote |
May 23, 2024: Inexpedient to Legislate: MA VV 05/23/2024 HJ 14 P. 4
May 15, 2024: Committee Report: Inexpedient to Legislate 05/15/2024 (Vote 17-1; CC) HC 20 P. 6
May 8, 2024: Executive Session: 05/15/2024 10:00 am LOB 302-304
May 1, 2024: Subcommittee Work Session: 05/08/2024 10:00 am LOB 302-304
April 15, 2024: Public Hearing: 05/01/2024 09:00 am LOB 302-304
April 10, 2024: Introduced (in recess of) 03/28/2024 and referred to Commerce and Consumer Affairs HJ 10 P. 228
April 5, 2024: Ought to Pass: RC 24Y-0N, MA; OT3rdg; 04/05/2024; SJ 8
March 27, 2024: Committee Report: Ought to Pass, 04/05/2024, Vote 6-0; SC 13
March 21, 2024: Ought to Pass: RC 24Y-0N, MA; Refer to Finance Rule 4-5; 03/21/2024; SJ 7
March 5, 2024: Committee Report: Ought to Pass, 03/21/2024, Vote 5-0; SC 11
Jan. 4, 2024: Hearing: 01/16/2024, Room 100, SH, 09:45 am; SC 2
Dec. 12, 2023: To Be Introduced 01/03/2024 and Referred to Commerce; SJ 1