Indiana 2023 Regular Session

Indiana Senate Bill SB0477 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0477.1
	2	+	March 13, 2023
	3	+	ENGROSSED
	4	+	SENATE BILL No. 477
	5	+	_____
	6	+	DIGEST OF SB 477 (Updated March 13, 2023 12:05 pm - DI 116)
	7	+	Citations Affected: IC 1-1; IC 34-30.
	8	+	Synopsis: Threats to critical infrastructure. Amends the statute
	9	+	prohibiting the use of public funds to purchase equipment or services
	10	+	produced or provided by certain prohibited persons determined to be
	11	+	a national security threat to communications networks or supply chains
	12	+	to also prohibit the use of public funds to purchase communications
	13	+	equipment or service that is: (1) determined under specified federal
	14	+	regulations to pose an unacceptable risk to the national security of the
	15	+	United States or the security and safety of United States persons; and
	16	+	(2) included on the covered list published, maintained, and updated by
	17	+	the federal Public Safety and Homeland Security Bureau on the website
	18	+	(Continued next page)
	19	+	Effective: July 1, 2023.
	20	+	Busch, Ford Jon, Garten, Koch,
	21	+	Byrne, Crane, Messmer, Tomes, Buck,
	22	+	Doriot, Baldwin
	23	+	(HOUSE SPONSORS — MANNING, FRYE R, JUDY)
	24	+	January 19, 2023, read first time and referred to Committee on Homeland Security and
	25	+	Transportation.
	26	+	January 31, 2023, reported favorably — Do Pass.
	27	+	February 2, 2023, read second time, ordered engrossed. Engrossed.
	28	+	February 6, 2023, read third time, passed. Yeas 42, nays 7.
	29	+	HOUSE ACTION
	30	+	February 28, 2023, read first time and referred to Committee on Veterans Affairs and
	31	+	Public Safety.
	32	+	March 13, 2023, amended, reported — Do Pass.
	33	+	ES 477—LS 7391/DI 101 Digest Continued
	34	+	of the Federal Communications Commission. Provides that the
	35	+	governor may, at any time, and in consultation with the executive
	36	+	director of the department of homeland security, designate a country as
	37	+	a threat to certain critical infrastructure located in Indiana. Provides
	38	+	that after June 30, 2023, a specified qualified entity may not enter into
	39	+	an agreement relating to critical infrastructure with a company if: (1)
	40	+	under the agreement, the company would be able to directly or
	41	+	remotely access or control of a critical infrastructure or a cybersecurity
	42	+	system of a critical infrastructure; and (2) the company is: (A) owned
	43	+	or controlled by citizens of (or a company or entity owned or controlled
	44	+	by citizens or the government of) China, Iran, North Korea, Russia, or
	45	+	a country designated as a threat to critical infrastructure by the
	46	+	governor; or (B) headquartered in China, Iran, North Korea, Russia, or
	47	+	a country designated as a threat to critical infrastructure by the
	48	+	governor. Provides that after June 30, 2023, a prohibited person may
	49	+	not purchase, lease, or acquire a parcel of real property that is directly
	50	+	adjacent to a military installation. Provides that the attorney general
	51	+	may investigate the purchase, lease, or acquisition of real property
	52	+	upon receipt of a complaint. Provides that the attorney general shall
	53	+	enforce a violation by commencing a receivership proceeding and
	54	+	selling the property through the receivership.
	55	+	ES 477—LS 7391/DI 101ES 477—LS 7391/DI 101 March 13, 2023
1	56		First Regular Session of the 123rd General Assembly (2023)
2	57		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	58		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	59		additions will appear in this style type, and deletions will appear in this style type.
5	60		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	61		provision adopted), the text of the new provision will appear in this style type. Also, the
7	62		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	63		a new provision to the Indiana Code or the Indiana Constitution.
9	64		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	65		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 477
12		-	AN ACT to amend the Indiana Code concerning general provisions.
	66	+	ENGROSSED
	67	+	SENATE BILL No. 477
	68	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	69	+	general provisions.
13	70		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 1-1-15-0.1 IS ADDED TO THE INDIANA CODE
15		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16		-	1, 2023]: Sec. 0.1. As used in this chapter, "covered
17		-	communications equipment or service" means communications
18		-	equipment or service (as defined in 47 CFR 1.50001(c)) that is:
19		-	(1) determined under 47 CFR 1.50002 to pose an unacceptable
20		-	risk to the national security of the United States or the
21		-	security and safety of United States persons; and
22		-	(2) included on the covered list (as defined in 47 CFR
23		-	1.50001(f)) that is:
24		-	(A) published;
25		-	(B) maintained; and
26		-	(C) updated;
27		-	by the federal Public Safety and Homeland Security Bureau
28		-	on the website of the Federal Communications Commission
29		-	under 47 CFR 1.50002 and 47 CFR 1.50003.
30		-	SECTION 2. IC 1-1-15-4, AS ADDED BY P.L.8-2020, SECTION
31		-	1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
32		-	2023]: Sec. 4. Money appropriated by the general assembly or a
33		-	political subdivision may not be granted to or used to purchase or
34		-	obtain any:
35		-	(1) equipment or services produced or provided by a prohibited
36		-	SEA 477 — Concur 2
37		-	person; or
38		-	(2) covered communications equipment or service.
39		-	SECTION 3. IC 1-1-16 IS ADDED TO THE INDIANA CODE AS
40		-	A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
41		-	1, 2023]:
42		-	Chapter 16. Critical Infrastructure: Prohibited Contracts and
43		-	Land Sales to Certain Foreign Owned Companies and Foreign
44		-	Individuals
45		-	Sec. 1. (a) As used in this chapter, "company" means any of the
46		-	following that exists to make a profit:
47		-	(1) A sole proprietorship.
48		-	(2) An organization.
49		-	(3) An association.
50		-	(4) A corporation.
51		-	(5) A partnership.
52		-	(6) A joint venture.
53		-	(7) A limited partnership.
54		-	(8) A limited liability partnership.
55		-	(9) A limited liability company.
56		-	(10) A business association.
57		-	(b) The term includes:
58		-	(1) a wholly owned subsidiary;
59		-	(2) a majority owned subsidiary;
60		-	(3) a parent company; or
61		-	(4) an affiliate;
62		-	of an individual, entity, or association described in subsection (a)(1)
63		-	through (a)(10).
64		-	Sec. 2. As used in this chapter, "council" means the governor's
65		-	security council established by IC 10-19-8.1-2.
66		-	Sec. 3. As used in this chapter, "critical infrastructure" means
67		-	any part of:
68		-	(1) a facility, structure, or station listed in IC 35-46-10-1(a);
69		-	or
70		-	(2) a military installation;
71		-	that is located in Indiana.
72		-	Sec. 4. As used in this chapter, "cybersecurity system" means a
73		-	system designed to protect any:
74		-	(1) computer;
75		-	(2) computer network;
76		-	(3) computer system; or
77		-	(4) other technology infrastructure;
78		-	against unauthorized use or access.
79		-	SEA 477 — Concur 3
80		-	Sec. 5. (a) As used in this chapter, "military installation" has the
81		-	meaning set forth in 10 U.S.C. 2801(c)(4) or IC 10-16-1-2.5.
82		-	(b) The term includes a military base described in IC 36-7-34-3.
83		-	Sec. 6. As used in this chapter, "prohibited person" means
84		-	either of the following:
85		-	(1) An individual who is a citizen of China, Iran, North Korea,
86		-	Russia, or a country designated as a threat to critical
87		-	infrastructure by the governor under section 8(b) of this
88		-	chapter.
89		-	(2) A company described in section 9(a)(2) of this chapter.
90		-	Sec. 7. As used in this chapter, "qualified entity" means any of
	71	+	1 SECTION 1. IC 1-1-15-0.1 IS ADDED TO THE INDIANA CODE
	72	+	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	73	+	3 1, 2023]: Sec. 0.1. As used in this chapter, "covered
	74	+	4 communications equipment or service" means communications
	75	+	5 equipment or service (as defined in 47 CFR 1.50001(c)) that is:
	76	+	6 (1) determined under 47 CFR 1.50002 to pose an unacceptable
	77	+	7 risk to the national security of the United States or the
	78	+	8 security and safety of United States persons; and
	79	+	9 (2) included on the covered list (as defined in 47 CFR
	80	+	10 1.50001(f)) that is:
	81	+	11 (A) published;
	82	+	12 (B) maintained; and
	83	+	13 (C) updated;
	84	+	14 by the federal Public Safety and Homeland Security Bureau
	85	+	15 on the website of the Federal Communications Commission
	86	+	16 under 47 CFR 1.50002 and 47 CFR 1.50003.
	87	+	17 SECTION 2. IC 1-1-15-4, AS ADDED BY P.L.8-2020, SECTION
	88	+	ES 477—LS 7391/DI 101 2
	89	+	1 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
	90	+	2 2023]: Sec. 4. Money appropriated by the general assembly or a
	91	+	3 political subdivision may not be granted to or used to purchase or
	92	+	4 obtain any:
	93	+	5 (1) equipment or services produced or provided by a prohibited
	94	+	6 person; or
	95	+	7 (2) covered communications equipment or service.
	96	+	8 SECTION 3. IC 1-1-16 IS ADDED TO THE INDIANA CODE AS
	97	+	9 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
	98	+	10 1, 2023]:
	99	+	11 Chapter 16. Critical Infrastructure: Prohibited Contracts and
	100	+	12 Land Sales to Certain Foreign Owned Companies and Foreign
	101	+	13 Individuals
	102	+	14 Sec. 1. (a) As used in this chapter, "company" means any of the
	103	+	15 following that exists to make a profit:
	104	+	16 (1) A sole proprietorship.
	105	+	17 (2) An organization.
	106	+	18 (3) An association.
	107	+	19 (4) A corporation.
	108	+	20 (5) A partnership.
	109	+	21 (6) A joint venture.
	110	+	22 (7) A limited partnership.
	111	+	23 (8) A limited liability partnership.
	112	+	24 (9) A limited liability company.
	113	+	25 (10) A business association.
	114	+	26 (b) The term includes:
	115	+	27 (1) a wholly owned subsidiary;
	116	+	28 (2) a majority owned subsidiary;
	117	+	29 (3) a parent company; or
	118	+	30 (4) an affiliate;
	119	+	31 of an individual, entity, or association described in subsection (a)(1)
	120	+	32 through (a)(10).
	121	+	33 Sec. 2. As used in this chapter, "council" means the governor's
	122	+	34 security council established by IC 10-19-8.1-2.
	123	+	35 Sec. 3. As used in this chapter, "critical infrastructure" means
	124	+	36 any part of:
	125	+	37 (1) a facility, structure, or station listed in IC 35-46-10-1(a);
	126	+	38 or
	127	+	39 (2) a military installation;
	128	+	40 that is located in Indiana.
	129	+	41 Sec. 4. As used in this chapter, "cybersecurity system" means a
	130	+	42 system designed to protect any:
	131	+	ES 477—LS 7391/DI 101 3
	132	+	1 (1) computer;
	133	+	2 (2) computer network;
	134	+	3 (3) computer system; or
	135	+	4 (4) other technology infrastructure;
	136	+	5 against unauthorized use or access.
	137	+	6 Sec. 5. (a) As used in this chapter, "military installation" has the
	138	+	7 meaning set forth in 10 U.S.C. 2801(c)(4) or IC 10-16-1-2.5.
	139	+	8 (b) The term includes a military base described in IC 36-7-34-3.
	140	+	9 Sec. 6. As used in this chapter, "prohibited person" means
	141	+	10 either of the following:
	142	+	11 (1) An individual who is a citizen of China, Iran, North Korea,
	143	+	12 Russia, or a country designated as a threat to critical
	144	+	13 infrastructure by the governor under section 8(b) of this
	145	+	14 chapter.
	146	+	15 (2) A company described in section 9(a)(2) of this chapter.
	147	+	16 Sec. 7. As used in this chapter, "qualified entity" means any of
	148	+	17 the following:
	149	+	18 (1) A business corporation, a nonprofit corporation, a general
	150	+	19 partnership, a limited partnership, a limited liability
	151	+	20 company, an estate, a trust, an association, a joint venture, or
	152	+	21 any other legal or commercial entity.
	153	+	22 (2) A state agency (as defined in IC 1-1-15-3).
	154	+	23 (3) A political subdivision (as defined in IC 36-1-2-13).
	155	+	24 Sec. 8. (a) The governor may, at any time, consult with the
	156	+	25 council to assess a threat to critical infrastructure.
	157	+	26 (b) The governor may, at any time, and in consultation with the
	158	+	27 executive director of the department of homeland security
	159	+	28 appointed under IC 10-19-3-1, designate a country as a threat to
	160	+	29 critical infrastructure.
	161	+	30 Sec. 9. (a) After June 30, 2023, a qualified entity may not enter
	162	+	31 into an agreement relating to critical infrastructure with a
	163	+	32 company if:
	164	+	33 (1) under the agreement, the company would be able to
	165	+	34 directly or remotely access or control critical infrastructure
	166	+	35 or a cybersecurity system of a critical infrastructure; and
	167	+	36 (2) the company is:
	168	+	37 (A) owned by, or the majority of stock or other ownership
	169	+	38 interest of the company is held or controlled by:
	170	+	39 (i) individuals who are citizens of China, Iran, North
	171	+	40 Korea, Russia, or a country designated as a threat to
	172	+	41 critical infrastructure by the governor under section 8(b)
	173	+	42 of this chapter; or
	174	+	ES 477—LS 7391/DI 101 4
	175	+	1 (ii) a company or other entity, including a governmental
	176	+	2 entity, that is owned or controlled by citizens of, or is
	177	+	3 directly controlled by the government of, China, Iran,
	178	+	4 North Korea, Russia, or a country designated as a threat
	179	+	5 to critical infrastructure by the governor under section
	180	+	6 8(b) of this chapter; or
	181	+	7 (B) headquartered in China, Iran, North Korea, Russia, or
	182	+	8 a country designated as a threat to critical infrastructure
	183	+	9 by the governor under section 8(b) of this chapter.
	184	+	10 (b) The prohibition set forth in subsection (a) applies regardless
	185	+	11 of whether:
	186	+	12 (1) the securities of the company, or of the company's parent
	187	+	13 company, are publicly traded; or
	188	+	14 (2) the company or the company's parent company is listed as
	189	+	15 a company of a country designated as a threat by the
	190	+	16 governor under section 8(b) of this chapter or a Chinese,
	191	+	17 Iranian, North Korean, or Russian company on a public stock
	192	+	18 exchange;
	193	+	19 as applicable.
	194	+	20 Sec. 10. (a) After June 30, 2023, a prohibited person may not
	195	+	21 purchase, lease, or acquire a parcel of real property that is:
	196	+	22 (1) located in Indiana; and
	197	+	23 (2) directly adjacent to a military installation.
	198	+	24 (b) A purchase, lease, or acquisition of a parcel of real property
	199	+	25 in violation of subsection (a) is subject to divestiture pursuant to
	200	+	26 section 11 of this chapter.
	201	+	27 (c) No title to real property shall be invalid or subject to
	202	+	28 divestiture by reason of the violation of this section by any former
	203	+	29 owner or other individual or entity holding or owning a former
	204	+	30 interest in the real property.
	205	+	31 Sec. 11. (a) The attorney general may investigate the purchase,
	206	+	32 lease, or acquisition of real property upon receipt of a complaint
	207	+	33 alleging a violation of section 10 of this chapter.
	208	+	34 (b) The attorney general shall enforce a violation of section 10
	209	+	35 of this chapter by commencing a receivership proceeding under
	210	+	36 IC 32-30-5-1 and selling the property through the receivership. The
	211	+	37 following apply to a receivership proceeding under this section:
	212	+	38 (1) Proceeds of the sale shall be disbursed to lienholders, in
	213	+	39 their order of priority, except for liens which under the terms
	214	+	40 of the sale are to remain on the property.
	215	+	41 (2) At the receivership sale, lienholders shall be able to have
	216	+	42 a credit bid.
	217	+	ES 477—LS 7391/DI 101 5
	218	+	1 (3) No proceeds shall be distributed from the receivership sale
	219	+	2 to the prohibited person. Any excess proceeds are forfeited
	220	+	3 and shall be transferred to the state general fund by the
	221	+	4 receiver.
	222	+	5 (4) Upon commencement of an action under this section, the
	223	+	6 attorney general shall promptly file a notice of lis pendens
	224	+	7 with the clerk of court. Upon the entry order for the sale of
	225	+	8 the property under this section, the attorney general shall
	226	+	9 promptly record a copy of the order in the office of the
	227	+	10 recorder of the county where the property is located.
	228	+	11 (c) The responsibility for determining whether an individual or
	229	+	12 other entity is subject to section 10 of this chapter rests solely with
	230	+	13 the prohibited person and the attorney general and no other
	231	+	14 individual or entity. An individual or other entity who is not a
	232	+	15 prohibited person shall bear no civil or criminal liability for failing
	233	+	16 to determine or make inquiry of whether an individual or other
	234	+	17 entity is a prohibited person.
	235	+	18 (d) Divestiture of a prohibited person's title under this section
	236	+	19 shall not be a basis to void, invalidate, or otherwise extinguish any
	237	+	20 bona fide mortgage, lien, or other interest granted by, through, or
	238	+	21 under the prohibited person.
	239	+	22 SECTION 4. IC 34-30-2.1-1.5 IS ADDED TO THE INDIANA
	240	+	23 CODE AS A NEW SECTION TO READ AS FOLLOWS
	241	+	24 [EFFECTIVE JULY 1, 2023]: Sec. 1.5. IC 1-1-16-11(c) (Concerning
	242	+	25 the sale, lease, or acquisition of property adjacent to a military
	243	+	26 installation to a prohibited person).
	244	+	ES 477—LS 7391/DI 101 6
	245	+	COMMITTEE REPORT
	246	+	Madam President: The Senate Committee on Homeland Security
	247	+	and Transportation, to which was referred Senate Bill No. 477, has had
	248	+	the same under consideration and begs leave to report the same back
	249	+	to the Senate with the recommendation that said bill DO PASS.
	250	+	(Reference is to SB 477 as introduced.)
	251	+
	252	+	CRIDER, Chairperson
	253	+	Committee Vote: Yeas 8, Nays 1
	254	+	_____
	255	+	COMMITTEE REPORT
	256	+	Mr. Speaker: Your Committee on Veterans Affairs and Public
	257	+	Safety, to which was referred Senate Bill 477, has had the same under
	258	+	consideration and begs leave to report the same back to the House with
	259	+	the recommendation that said bill be amended as follows:
	260	+	Page 2, line 31, delete "a person," and insert "an individual,".
	261	+	Page 2, line 37, after "IC 35-46-10-1(a);" insert "or".
	262	+	Page 2, delete line 38.
	263	+	Page 2, line 39, delete "(3)" and insert "(2)".
	264	+	Page 2, line 41, delete ""cybersecurity" means measures" and insert
	265	+	""cybersecurity system" means a system designed".
	266	+	Page 2, line 42, delete "taken".
	267	+	Page 3, line 7, delete "10 U.S.C. 2801(c)(4)." and insert "10 U.S.C.
	268	+	2801(c)(4) or IC 10-16-1-2.5.".
	269	+	Page 3, delete lines 9 through 16.
	270	+	Page 3, line 17, delete "7." and insert "6.".
	271	+	Page 3, between lines 23 and 24, begin a new paragraph and insert:
	272	+	"Sec. 7. As used in this chapter, "qualified entity" means any of
91	273		the following:
92	274		(1) A business corporation, a nonprofit corporation, a general
93	275		partnership, a limited partnership, a limited liability
94	276		company, an estate, a trust, an association, a joint venture, or
95	277		any other legal or commercial entity.
96	278		(2) A state agency (as defined in IC 1-1-15-3).
97		-	(3) A political subdivision (as defined in IC 36-1-2-13).
98		-	Sec. 8. (a) The governor may, at any time, consult with the
99		-	council to assess a threat to critical infrastructure.
100		-	(b) The governor may, at any time, and in consultation with the
101		-	executive director of the department of homeland security
102		-	appointed under IC 10-19-3-1, designate a country as a threat to
103		-	critical infrastructure.
104		-	Sec. 9. (a) After June 30, 2023, a qualified entity may not enter
105		-	into an agreement relating to critical infrastructure with a
106		-	company if:
107		-	(1) under the agreement, the company would be able to
108		-	directly or remotely access or control critical infrastructure
109		-	or a cybersecurity system of a critical infrastructure; and
110		-	(2) the company is:
111		-	(A) owned by, or the majority of stock or other ownership
112		-	interest of the company is held or controlled by:
113		-	(i) individuals who are citizens of China, Iran, North
114		-	Korea, Russia, or a country designated as a threat to
115		-	critical infrastructure by the governor under section 8(b)
116		-	of this chapter; or
117		-	(ii) a company or other entity, including a governmental
118		-	entity, that is owned or controlled by citizens of, or is
119		-	directly controlled by the government of, China, Iran,
120		-	North Korea, Russia, or a country designated as a threat
121		-	to critical infrastructure by the governor under section
122		-	SEA 477 — Concur 4
123		-	8(b) of this chapter; or
124		-	(B) headquartered in China, Iran, North Korea, Russia, or
125		-	a country designated as a threat to critical infrastructure
126		-	by the governor under section 8(b) of this chapter.
127		-	(b) The prohibition set forth in subsection (a) applies regardless
128		-	of whether:
129		-	(1) the securities of the company, or of the company's parent
130		-	company, are publicly traded; or
131		-	(2) the company or the company's parent company is listed as
132		-	a company of a country designated as a threat by the
133		-	governor under section 8(b) of this chapter or a Chinese,
134		-	Iranian, North Korean, or Russian company on a public stock
135		-	exchange;
136		-	as applicable.
137		-	Sec. 10. (a) After June 30, 2023, a prohibited person may not
	279	+	(3) A political subdivision (as defined in IC 36-1-2-13).".
	280	+	Page 3, line 30, delete "person" and insert "qualified entity".
	281	+	Page 3, line 33, delete "infrastructure;" and insert "infrastructure
	282	+	or a cybersecurity system of a critical infrastructure;".
	283	+	ES 477—LS 7391/DI 101 7
	284	+	Page 4, line 13, after "as" insert "a company of a country
	285	+	designated as a threat by the governor under section 8(b) of this
	286	+	chapter or".
	287	+	Page 4, delete lines 17 through 21, begin a new paragraph and
	288	+	insert:
	289	+	"Sec. 10. (a) After June 30, 2023, a prohibited person may not
138	290		purchase, lease, or acquire a parcel of real property that is:
139	291		(1) located in Indiana; and
140	292		(2) directly adjacent to a military installation.
141	293		(b) A purchase, lease, or acquisition of a parcel of real property
142	294		in violation of subsection (a) is subject to divestiture pursuant to
143	295		section 11 of this chapter.
144	296		(c) No title to real property shall be invalid or subject to
145	297		divestiture by reason of the violation of this section by any former
146	298		owner or other individual or entity holding or owning a former
147	299		interest in the real property.
148	300		Sec. 11. (a) The attorney general may investigate the purchase,
149	301		lease, or acquisition of real property upon receipt of a complaint
150	302		alleging a violation of section 10 of this chapter.
151	303		(b) The attorney general shall enforce a violation of section 10
152	304		of this chapter by commencing a receivership proceeding under
153	305		IC 32-30-5-1 and selling the property through the receivership. The
154	306		following apply to a receivership proceeding under this section:
155	307		(1) Proceeds of the sale shall be disbursed to lienholders, in
156	308		their order of priority, except for liens which under the terms
157	309		of the sale are to remain on the property.
158	310		(2) At the receivership sale, lienholders shall be able to have
159	311		a credit bid.
160	312		(3) No proceeds shall be distributed from the receivership sale
161	313		to the prohibited person. Any excess proceeds are forfeited
162	314		and shall be transferred to the state general fund by the
163	315		receiver.
164	316		(4) Upon commencement of an action under this section, the
165		-	SEA 477 — Concur 5
166	317		attorney general shall promptly file a notice of lis pendens
167	318		with the clerk of court. Upon the entry order for the sale of
168	319		the property under this section, the attorney general shall
169	320		promptly record a copy of the order in the office of the
170	321		recorder of the county where the property is located.
171	322		(c) The responsibility for determining whether an individual or
172	323		other entity is subject to section 10 of this chapter rests solely with
173	324		the prohibited person and the attorney general and no other
174	325		individual or entity. An individual or other entity who is not a
	326	+	ES 477—LS 7391/DI 101 8
175	327		prohibited person shall bear no civil or criminal liability for failing
176	328		to determine or make inquiry of whether an individual or other
177	329		entity is a prohibited person.
178	330		(d) Divestiture of a prohibited person's title under this section
179	331		shall not be a basis to void, invalidate, or otherwise extinguish any
180	332		bona fide mortgage, lien, or other interest granted by, through, or
181	333		under the prohibited person.
182	334		SECTION 4. IC 34-30-2.1-1.5 IS ADDED TO THE INDIANA
183	335		CODE AS A NEW SECTION TO READ AS FOLLOWS
184	336		[EFFECTIVE JULY 1, 2023]: Sec. 1.5. IC 1-1-16-11(c) (Concerning
185	337		the sale, lease, or acquisition of property adjacent to a military
186		-	installation to a prohibited person).
187		-	SEA 477 — Concur President of the Senate
188		-	President Pro Tempore
189		-	Speaker of the House of Representatives
190		-	Governor of the State of Indiana
191		-	Date: Time:
192		-	SEA 477 — Concur
	338	+	installation to a prohibited person).".
	339	+	and when so amended that said bill do pass.
	340	+	(Reference is to SB 477 as printed February 1, 2023.)
	341	+	FRYE R
	342	+	Committee Vote: yeas 12, nays 0.
	343	+	ES 477—LS 7391/DI 101