Gov. Pillen says new law ‘closes loopholes for foreign businesses’

LINCOLN — Gov. Jim Pillen praised three new laws that he said allow Nebraska to proactively identify and counter security threats and foreign land ownership.

Last week, on the 23rd anniversary of the terrorist attacks of Sept. 11, 2001, Pillen praised state lawmakers at a news conference for passing three measures in the spring: 1120, 1300 and 1301. Together, Pillen said, they “play an important role” in protecting Nebraska from “undue external influences” that could disrupt the state’s economy or security.

“Agriculture drives our economy and nothing is more important than ensuring our assets, including crops and animals, are not disrupted,” Pillen said.

Niobrara State Senator Barry DeKay. December 6, 2023.

LB 1301 (Foreign Property National Security Act) updates a previously “outdated” state law dating to 1889 that prohibited certain entities from purchasing agricultural land in Nebraska. Parts of the law have remained intact for more than 80 years.

Niobrara state Sen. Barry DeKay, who sponsored the bill on behalf of Pillen, said at a bill hearing in February that LB 1301 added an enforcement mechanism for the first time.

Under this law, the Nebraska Department of Agriculture will determine whether a restricted entity, such as a foreign adversary or a person or entity of the U.S. Government, has Sanctionedhas violated the law. After a survey, the owner may need to divest his ownership or sell the land.

“Our state’s agricultural lands should not be controlled by a foreign government hostile to our country,” DeKay said in a statement.

The law, which took effect on Jan. 1, also reduces the number of ownership exemptions available to foreign adversaries and requires national security agreements to be reached before land acquisition projects.

Greene State Senator Brian Hardin. July 31, 2024.

LB 1120, introduced by state Sen. Brian Hardin of Jellin, would also require buyers of real estate near military installations to prove they have no ties to identified foreign adversaries. Harding pointed out that Nebraska has 80 intercontinental ballistic missile launch facilities and 9 warning facilities, all of which serve national security.

According to the governor’s office, Harding’s bill would require purchases to be made in Banner, Cheyenne, Duell, Garden, Kimball, Morrill, Scottsbluff and Sioux counties. Provide such documentation.

“We will continue to remain vigilant and work with our military and law enforcement agencies to keep Nebraska safe,” Harding said in a statement.

Lincoln State Senator Eliot Bostad. July 29, 2024.

LB 1300 by Sen. Eliot Bostar, D-Lincoln, creates the Pacific Conflict Commission to identify national and national security risks while preparing for potential conflicts on land, air or sea in the Pacific. As of June 3, the governor’s office was still seeking three public appointments Pacific Conflict Commission chaired by Lt. Gov. Joe Kelly.

The legislation introduced by Bosta on behalf of Pillen would also prohibit companies from hostile countries from bidding on or accepting state and local procurement contracts.

“As global tensions continue to rise in the Pacific, Nebraska must be proactive in ensuring the security of its critical infrastructure and preventing threats to the economy and public safety,” Bosta said in a statement.

As of July 17, the U.S. Secretary of Commerce’s guidance clear foreign adversary Five countries – China, Cuba, Iran, North Korea and Russia – and the regime led by Venezuelan politician Nicolás Maduro.

However, that language Changes in the Federal Code to a new sectionrather than the one used to define “foreign adversary” in certain sections of the three bills.

DeKay and Pillen staff said they are aware of the federal changes and want to understand the possible impact on the 2024 legislation. Nebraska rule changers said Wednesday that the impact could vary depending on when the press law takes effect.

All three bills passed with broad support, and Pillen signed ceremonial copies of the bills last week. He said the actions “provide our country with much-needed protection.”

“We need to close the vulnerabilities that could allow foreign adversaries to gain a foothold from within,” Pillen said. “No one sees these threats coming until it’s too late.”

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