HB1358
To Make Technical Corrections To Title 18 Of The Arkansas Code Concerning Property.
AI-Generated Summary
This bill, House Bill 1358, aims to make technical corrections to Title 18 of the Arkansas Code, which pertains to property law. Specifically, it seeks to clarify the criminal offense associated with a "prohibited foreign-party-controlled business entity" violating land ownership restrictions. The bill amends the penalties for such violations, making it an unclassified felony punishable by imprisonment or a fine. Additionally, it reenacts specific sections related to the definition of "significant interest" and "substantial control" concerning foreign ownership of agricultural land. These reenactments are intended to ratify changes made by the Arkansas Code Revision Commission to correct reference errors. The bill also includes a non-codified section outlining legislative intent. This intent clarifies that the act should not repeal other acts passed during the same General Assembly session and that any conflicts should prioritize the other act as subsequent legislation. Furthermore, the intent emphasizes that this bill makes only technical, not substantive, changes to existing law.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill would likely be state agencies responsible for enforcing property ownership laws, particularly those related to foreign ownership of agricultural land, as the bill clarifies penalties and definitions. The Arkansas Code Revision Commission and its efforts to maintain accuracy would also be indirectly supported. Furthermore, the state of Arkansas as a whole benefits from clearer and more consistently applied legal statutes, which can aid in predictable governance and legal proceedings. Property owners and businesses operating within the state may also benefit from the clarification of regulations, potentially reducing ambiguity and the risk of unintentional violations.
Who Might Suffer?
Entities that are classified as "prohibited foreign-party-controlled businesses" and engage in land ownership in Arkansas would be most directly and negatively impacted. The clarification of the criminal offense and its associated penalties could increase their legal risk and potential for prosecution. Businesses or individuals who might fall under the definitions of "significant interest" or "substantial control" in relation to foreign ownership of agricultural land could also face increased scrutiny or stricter interpretations of existing regulations due to the reenactment and clarification of these terms. This could lead to greater compliance burdens or limitations on their ability to acquire or hold agricultural property.