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HB 2290

Enacting the Kansas land and military installation protection act to prohibit foreign principals from countries of concern from acquiring any interest in certain real property in this state.

2025-2026 Regular Session

Prohibits foreign principals from any nonresidential property within 100 miles of Kansas military sites and bars state benefits, with required divestiture and enforcement.

Died in Committee
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Bill Summary · HB 2290

Summary — HB 2290: Kansas Land and Military Installation Protection Act

Status: Introduced Jan 30, 2025; hearing held March 3, 2025. Reported out of committee as substituted and placed on the General State Calendar. Companion: SB 1409.

Purpose

To protect Kansas real property and military installations by prohibiting certain “foreign principals” from acquiring (directly or indirectly) interests in specified non‑residential real property located near military installations, and by preventing such principals from receiving state economic development benefits.

Key definitions

  • Country of concern: (1) any “foreign adversary” as defined at 15 C.F.R. §7.4 (as of April 1, 2025), and (2) organizations designated as foreign terrorist organizations under 8 U.S.C. §1189 (as of July 1, 2025). The Republic of China (Taiwan) is excluded.
  • Foreign principal: governments, political parties, companies, agents, foreign individuals (non‑U.S. citizens/ non‑LPRs), subsidiaries, or any entity controlled by a country of concern.
  • Interest in real property: ownership, easements, mineral/water rights, leases, lease‑purchase, etc.
  • Real property excludes residential real property.
  • De minimis interest: generally passive holdings (e.g., <10% of a class of registered securities) or certain noncontrolling interests.

Main provisions

  • Prohibits foreign principals from acquiring any interest in non‑residential real property located within 100 miles of any U.S. or Kansas military installation in Kansas or an adjacent state, except de minimis interests.
  • Requires foreign principals who currently own such property to register ownership with the Kansas Attorney General within 90 days after July 1, 2025, or within 90 days of acquisition thereafter.
  • Failure to register triggers requirement to divest; documentation proving divestiture must be filed with the Attorney General within 30 days.
  • Attorney General (AG) enforcement powers:
    • Investigate reported or reasonably suspected violations.
    • Enter agreements allowing divestiture within 360 days.
    • Seek court orders for divestiture, injunctive relief, civil forfeiture, and recovery of attorney fees and costs.
    • Report identified non‑notified foreign investment transactions to the Committee on Foreign Investment in the U.S. (CFIUS) and to Governor, Adjutant General, and legislative committees.
    • Produce an annual report (by Feb 1) to Governor, Adjutant General, and specified legislative committees.
    • Establish reporting policies and procedures by Jan 1, 2026.
  • Fusion Center Oversight Board may adopt rules to add or remove federally designated foreign terrorist organizations from the “country of concern” definition (but may not go beyond the federal list) after weighing security and economic impacts.
  • Kansas State University must prepare an annual report (no later than March 1 each year) on foreign land holdings and trends within Kansas.
  • Foreign principals are ineligible for any state economic development program benefits (broadly defined).

Affected parties

  • Entities and individuals qualifying as foreign principals from countries of concern.
  • Owners of non‑residential real property within 100 miles of military installations (current and prospective).
  • Kansas Attorney General (enforcement, investigations, reporting).
  • Kansas State University (annual reporting).
  • Judicial branch (potential increased litigation/court filings).
  • State agencies administering economic development programs and the Department of Revenue (possible revenue effects if beneficiaries are excluded).

Fiscal impact (from Fiscal Note)

  • Attorney General: estimated additional State General Fund cost of $822,657 in FY2026 and $838,789 in FY2027 (3.0 FTE). FY2026 breakdown includes 1.0 Legal Assistant ($63,755), 1.0 Investigator ($60,839), 1.0 Assistant Attorney General ($133,905), $500,000 litigation costs, and $64,158 operating.
  • Kansas State University: $17,015 ongoing from State General Fund beginning FY2026 (0.08 Extension Assistant and 0.05 Faculty).
  • Judicial: possible increased caseload; docket fee revenue could increase but fiscal effect undetermined.
  • Department of Revenue: notes potential but unspecified increase in State General Fund revenues if excluded foreign principals had been receiving economic development benefits.

Timeline / procedural notes

  • Key reference dates in the bill: federal definitions effective April 1, 2025 and July 1, 2025. Registration obligation begins 90 days after July 1, 2025 (or upon acquisition).
  • AG policies/procedures required by Jan 1, 2026.
  • Annual AG report due Feb 1; K‑State annual report due March 1.

Other

  • Provisions are severable.
  • The bill amends/repeals related Kansas statutes (K.S.A. 2024 Supp. 60‑4104 and 60‑4106).

This summary highlights the bill’s substantive protections for military installations and surrounding property, the compliance and enforcement framework, who will be most affected, and the estimated state costs to implement and enforce the Act.

Compiled from official sources — confirm details with the bill’s official record.

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