Senate committee substitute to the 2nd edition makes the following changes.

Amends GS 64-61 which details General Assembly findings.

Amends GS 64-62(3)a., which is part of the list within the definition of de minimis direct interest pertaining to the ownership interest in the company. Changes a. to include ownership interest in the company that is less than 10% (was, 5%) of any class  of registered equities and removes ownership interest in the company that is less than 5% in the aggregate in multiple classes. Adds that ownership of registered equities is determined by processes established under federal law.

Amends GS 64-62(6), which provides the definition for military installation to add Camp Butner to list of facilities in the definition. Adds clarifying language that the term includes any military training facility located in the state (was, any facility located within the state) that is subject to installations’ oversight and control. Adds that the term does not include churches, schools, offices, or residential facilities outside the defined boundaries of the definition’s named facilities and that it does not include temporary military operations areas.

Amends GS 64-62(11)b. and GS 64-62(11)c. by correcting cross-references. 

Amends GS 64-63(a), concerning prohibitions against foreign parties purchasing, acquiring, leading, or holding any interest in the provided list, by changing subdivision (2) to interest in property (was, land) situated within a 25-mile radius of a military installation and removing subdivision (3) entirely, pertaining to land underneath special use airspace.

Amends GS 64-63(b) by adding that a party may not knowingly hold land as an agent, trustee, or other fiduciary for a prohibited foreign party in violation of GS 64-63 (was, that a party could not hold the land as an agent, trustee, or other fiduciary for a prohibited foreign party).

Amends GS 64-63(c) by adding a requirement that the Secretary of State and the Attorney General (AG) maintain a joint database that is accessible and searchable by the public of foreign parties registered on each agency’s website. Adds country of citizenship and residency status or country of incorporation of the owner of the land or the owner of the interest in the land to the list of information the registration form must include.

Amends GS 64-63(d) by adding that a failure to file a registration with the Secretary of State and/or (was, and) the AG is subject to the penalties detailed in the subsection. Adds stipulation to when an unpaid balance of any penalties assessed under subsection (d) is a lien against the land, which is that it becomes a lien if a Notice of Foreign Ownership Violation Lien has been recorded by the AG in the office of the register of deeds in the county where the property is located. Adds that the lien will have priority from the date and time it is recorded and must be enforced by the AG.

Amends GS 64-63(f) to clarify that the affidavit required by this subsection does not need to be notarized but must be attached as an exhibit to the deed or other document that conveys ownership interest in the land. Adds that the failure to obtain or maintain the affidavit will not result in civil or criminal liability to any person or entity, unless the person or entity is in violation of GS 64-63(k).

Now requires the AG to initiate an action for receivership of the property to enforce violations of GS 64-63 (was, required the AG to seek a judicial sale of the subject property) when the AG receives information that leads them to believe that the prohibited foreign party has not divested from the subject property. Instructs that any interest in real property held or acquired in violation of GS 64-63 is subject to divestiture. Authorizes a noteholder to deem violations of GS 64-63 by an adversarial foreign government a default under a loan, mortgage, or deed of trust, which triggers an automatic right to trigger default. Specifies that the responsibility for determining whether an individual or other entity is subject to new Article 4, pursuant to either civil or criminal law, rests solely with the adversarial foreign government and the State and no other individual or entity. Removes general misdemeanor provisions for violations of GS 64-63. Expands the misdemeanor liability for knowingly selling an interest in land subject to the statute to those who have actual knowledge that the transaction will result in a violation of this section but aid and abet a party in knowingly selling such land. Specifies that it is an affirmative defense if the prohibited foreign party is a resident alien of the State. Instructs that an individual or other entity who is not an adversarial foreign government bears no civil or criminal liability for failing to determine or make inquiry of whether an individual or other entity is an adversarial foreign government.  Specifies that Article 4 does not create a private right of enforcement.

Provides for a divestiture procedure in new GS 64-64, as follows.  Authorizes the AG to use subpoena power as part of the office’s investigation into alleged violations of GS 64-63, as described. Sets forth four unique components of a receivership proceeding initiated under GS 64-64 including, preventing any proceeds of the receivership sale from being distributed to the adversarial foreign government, capping the amount a secured party may bid at a receivership sale at an amount that is not more than the amount owed plus costs incurred, and requiring the receiver to honor and give priority to any default that has been triggered on a loan, mortgage, or deed of trust prior to the commencement of  a receivership.

Amends new GS 161-14.04 so that the register of deeds must attach the affidavit as an exhibit to the deed or other document as required under new Article 4 when recording a deed or other document that conveys an ownership interest in land that falls under GS 64-63 (was, required the register of deeds to mandate that the parties as grantor and grantee on the instrument provide information sufficient to establish their current citizenship, residential status, or for non-individual entities, the state or nation where the entity is organized under, prior to the recording of a deed or other document conveying an ownership interest in land. Provided for indexing of citizenship and residential status).

Makes conforming change to GS 1-507.24 to allow for a receiver to be appointed in accordance with GS 64-64.