PHOENIX — On the defensive after her veto last week, Gov. Katie Hobbs is now proposing her own version of a law to decide who can’t buy land in Arizona.
The Democratic governor is asking the Republican-controlled Legislature to ban any “foreign adversary nation’’ or “foreign adversary agent’’ from owning, purchasing or otherwise having a “substantial interest in real property in the state.’’ The only exception would be if it is determined, under federal law, that the transaction “does not pose a national security risk.’’
In some ways, what Hobbs is proposing is similar to a bill originally written by Senate Majority Leader Janae Shamp. The plan by the Surprise Republican applied to certain “foreign principals,’’ though it had exceptions for everything from residential property to land located at least 50 miles from any military installation.
But by the time that bill reached Hobbs, it had been diluted by Scottsdale Republican Rep. Alexander Kolodin to apply only to the Chinese Communist Party. Hobbs, in rejecting that version last week, called it “ineffective at counter-espionage” and said it “does not protect our military assets.’’
In writing her own plan, Hobbs is now going on the offensive against what has become a national news story, as Republicans claimed she was putting U.S. security at risk with the veto.
Shamp called Hobbs a “total disgrace’’ and accused her of being “an obstructionist against safeguarding our citizens from threats.’’ Shamp specifically mentioned that Luke Air Force Base, where pilots are trained, is in her district.
Fox News gave Kari Lake, whom Hobbs defeated in 2022, a chance to call the her “disingenuous.’’
And Republican Senate President Warren Petersen promised to seek an override of the veto later this month.
There aren’t the necessary two-thirds votes in each chamber to do that, and an override has not occurred here in more than four decades. But just the debate over whether Hobbs had endangered Arizonans would create more negative publicity for the governor, who hopes to win reelection next year in a state where Republicans outnumber Democrats.
More comprehensive
So now, Hobbs’ own plan is more comprehensive than either Shamp’s original proposal or the Kolodin-altered version.
First, her list of countries for whom Arizona land would be off limits goes beyond China to also include Russia, Cuba, North Korea and Iran. Venezuelan President Nicolas Maduro, specifically, is also on the list.
Second, there are no exceptions like Shamp had to the land ownership ban based on residential use or distance from any military base.
Hobbs has turned the table on Republicans, saying if they’re really serious about the risk of foreign ownership of land in Arizona, they should approve her proposal. She also is ratcheting up the rhetoric from what she said in her veto message, and is now calling the vetoed bill “weak and spineless.’’
“The legislative majority needs to stop playing games with Arizona’s security and get serious about cracking down on enemies seeking to do us harm,’’ Hobbs said in a written statement.
“Messaging stunt”
Neither Shamp nor Petersen responded to multiple messages seeking comment. But Kolodin called Hobbs’ proposal a “messaging stunt,’’ saying it’s “laughable’’ that she is now interested in tackling a Republican policy priority.
All this comes amid concern that foreign adversaries, China in particular, have been buying up farmland in Arizona. Shamp says this provides an opportunity for them to spy on military bases and other critical infrastructure.
“China can also position autonomous arsenal, such as drone swarms, and would have the ability to launch an attack on military bases or other sensitive areas considered critical to national security in the event of a conflict,’’ Shamp said in a news release after the veto.
How much land China owns in Arizona is unclear, with widely divergent figures available from different sources. About the only firm data comes from National Public Radio which, using data from the U.S. Agriculture Department, estimated Chinese investors owned less than 400,000 acres nationally in 2021.
Hobbs, in prepared comments Monday, did not address the question of whether she believes there is a current risk. What she did say is that if the aim is protecting Arizona, the legislation lawmakers sent her was flawed.
One provision in Shamp’s original version, for example, allowed adversaries to own land that they acquired for up to three years before they would have to divest the property or have it seized.
By contrast, Hobbs said her proposal, which she dubbed the Blocking Adversarial Nations Act, would ban ownership by any of these entities “from day one.’’
Then there was the fact that the bill that reached her desk was narrow, applying only to China but not to other adversarial counties.
“It didn’t address any other foreign adversaries who may be seeking to do Arizonans harm,’’ said Hobbs’ press aide Christian Slater.
Even with that, the final version of the bill would have applied only to the government of China, but not to others within the country.
“It contains loopholes that would allow Chinese Communist Party proxies, including party leaders and foreign adversary-controlled business to purchase and own unlimited land in the state,’’ Hobbs wrote.
Her version would ban land ownership not just by foreign adversary nations but by any of their “agents.’’
Those would include state-owned businesses, anyone controlled by a foreign adversary nation, any leader of the controlling political party in that nation, and any business domiciled in one of those adversary nations that is even indirectly controlled by the foreign government.
Doesn’t include individual Chinese people
But Hobbs, in the language of her revised bill, is also acknowledging concerns expressed by Senate Minority Leader Priya Sundareshan.
The Tucson Democrat said, during debate on the original measure last month, that it was so broad, it targeted individual Chinese people.
“May is still Asian American and Pacific Islander month, and yet, here we are hearing a bill that has been very narrowly amended so that it specifically targets foreign nationals from China from owning land in the state,’’ Sundareshan said. “”What a way to celebrate Asian American month.’’
The Hobbs proposal says the ban on land ownership would not apply to foreign citizens “who do not qualify as foreign adversary agents.’’
Strictly speaking, the deadline to introduce new legislation this session has passed. But Slater said he is sure there is a way to amend what Hobbs wants onto some other still-pending legislation.
