IN
Indiana House Bill HB1179

Indiana 2024 Regular Session

Indiana House Bill HB1179 Compare Versions

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1+*EH1179.2*
2+Reprinted
3+March 5, 2024
4+ENGROSSED
5+HOUSE BILL No. 1179
6+_____
7+DIGEST OF HB 1179 (Updated March 4, 2024 3:56 pm - DI 143)
8+Citations Affected: IC 21-30; IC 21-36; IC 21-39; IC 21-49.
9+Synopsis: State educational institutions. Requires a state educational
10+institution (institution) to disclose certain foreign gifts and contracts
11+received or entered into after December 31, 2020. Requires the
12+commission to establish and maintain a website for accessing
13+(Continued next page)
14+Effective: July 1, 2024.
15+King, Heaton, Teshka, Goodrich
16+(SENATE SPONSORS — RAATZ, CRANE, RANDOLPH LONNIE M)
17+January 9, 2024, read first time and referred to Committee on Education.
18+January 25, 2024, amended, reported — Do Pass.
19+January 29, 2024, read second time, ordered engrossed. Engrossed.
20+January 30, 2024, read third time, passed. Yeas 94, nays 0.
21+SENATE ACTION
22+February 12, 2024, read first time and referred to Committee on Education and Career
23+Development.
24+February 22, 2024, amended, reported favorably — Do Pass.
25+March 4, 2024, read second time, amended, ordered engrossed.
26+EH 1179—LS 6805/DI 143 Digest Continued
27+information about disclosed gifts and contracts. Authorizes the
28+commission to provide for an audit of an institution's use of a disclosed
29+gift, or the proceeds of a disclosed contract, received or entered into
30+after June 30, 2021, and before July 1, 2024. Authorizes the attorney
31+general to bring a cause of action to enforce the disclosure statute.
32+Requires the board of trustees of an institution to adopt a policy
33+prohibiting the transfer, licensing, or sublicensing of intellectual
34+property developed using the institution's resources to: (1) a business
35+entity organized under the laws of a foreign adversary; (2) a business
36+entity headquartered in a foreign adversary; or (3) a business entity or
37+other entity, including a governmental entity, that is owned or
38+controlled by citizens of, or is directly controlled by the government of,
39+a foreign adversary. Requires the board of trustees of each institution
40+to adopt a policy prohibiting an employee or contractor of the
41+institution from making a public statement in the employee's or
42+contractor's official capacity unless the statement: (1) relates to the
43+operation of the institution, or to an institution sponsored event; or (2)
44+has been approved by the board of trustees. Prohibits an institution
45+from using state funds or resources to: (1) engage or contract with an
46+individual associated with a foreign terrorist organization or a state
47+sponsor of terror; or (2) support the activities of a foreign terrorist
48+organization or a state sponsor of terror.
49+EH 1179—LS 6805/DI 143EH 1179—LS 6805/DI 143 Reprinted
50+March 5, 2024
151 Second Regular Session of the 123rd General Assembly (2024)
252 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
353 Constitution) is being amended, the text of the existing provision will appear in this style type,
454 additions will appear in this style type, and deletions will appear in this style type.
555 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
656 provision adopted), the text of the new provision will appear in this style type. Also, the
757 word NEW will appear in that style type in the introductory clause of each SECTION that adds
858 a new provision to the Indiana Code or the Indiana Constitution.
959 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1060 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1179
12-AN ACT to amend the Indiana Code concerning higher education.
61+ENGROSSED
62+HOUSE BILL No. 1179
63+A BILL FOR AN ACT to amend the Indiana Code concerning
64+higher education.
1365 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 21-30-7 IS ADDED TO THE INDIANA CODE AS
15-A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
16-1, 2024]:
66+1 SECTION 1. IC 21-30-7 IS ADDED TO THE INDIANA CODE AS
67+2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
68+3 1, 2024]:
69+4 Chapter 7. Disclosure of Foreign Gifts and Contracts
70+5 Sec. 1. As used in this chapter, "affiliate organization" means
71+6 any entity under the control of, or established for the benefit of, a
72+7 state educational institution, including a direct-support
73+8 organization.
74+9 Sec. 2. As used in this chapter, "contract" means an agreement
75+10 for the acquisition of property or services by purchase, lease, or
76+11 barter for the direct benefit or use of either of the parties.
77+12 Sec. 3. As used in this chapter, "direct-support organization"
78+13 means an organization that is organized and operated to receive,
79+14 hold, invest, and administer property and to make expenditures to
80+15 or for the benefit of a state educational institution or for the benefit
81+16 of a research and development park or a research and development
82+17 entity affiliated with a state educational institution.
83+EH 1179—LS 6805/DI 143 2
84+1 Sec. 4. As used in this chapter, "foreign adversary" includes the
85+2 following:
86+3 (1) A foreign government listed in 15 CFR 7.4.
87+4 (2) A country designated as a threat to critical infrastructure
88+5 by the governor under IC 1-1-16-8.
89+6 Sec. 5. As used in this chapter, "foreign government" means the
90+7 government, including an agent of the government, of any country,
91+8 nation, or group of nations, or any province or other political
92+9 subdivision of any country or nation, other than the government of
93+10 the United States or a state, territory, or protectorate of the United
94+11 States.
95+12 Sec. 6. As used in this chapter, "foreign source" means any of
96+13 the following:
97+14 (1) A foreign government or an agency of a foreign
98+15 government.
99+16 (2) A legal entity, governmental or otherwise, created solely
100+17 under the laws of a foreign nation or group of nations.
101+18 (3) An individual who is not a citizen or a national of the
102+19 United States or a territory or protectorate of the United
103+20 States.
104+21 (4) A partnership, an association, a corporation, an
105+22 organization, or any other combination of persons, including
106+23 a subsidiary of an entity described in this subdivision,
107+24 organized under the laws of, or having its principal place of
108+25 business in, a foreign adversary.
109+26 (5) An agent, including a subsidiary or an affiliate of a foreign
110+27 legal entity, acting on behalf of a foreign source.
111+28 (6) A political party of a foreign adversary or an individual
112+29 who is a member of a political party of a foreign adversary.
113+30 Sec. 7. As used in this chapter, "gift" means any gift, grant,
114+31 endowment, award, or donation of money or property of any kind,
115+32 or any combination thereof, including a conditional or
116+33 unconditional promise, pledge, or agreement to make a gift,
117+34 endowment, award, or donation.
118+35 Sec. 8. As used in this chapter, "grant" means a transfer of
119+36 money for a specified purpose, including a conditional gift.
120+37 Sec. 9. As used in this chapter, "political party of a foreign
121+38 adversary" means an organization or combination of individuals
122+39 organized for the purpose of, or engaged in any activity devoted in
123+40 whole or in part to, either of the following:
124+41 (1) The establishment, administration, control, or the
125+42 acquisition of the administration or control, of the
126+EH 1179—LS 6805/DI 143 3
127+1 government of a foreign adversary.
128+2 (2) The furtherance or influencing of the political or public
129+3 interest, policies, or relations of the government of a foreign
130+4 adversary.
131+5 Sec. 10. (a) A state educational institution shall disclose to the
132+6 commission any gift of any value received directly or indirectly
133+7 from any foreign source located in a foreign adversary as follows:
134+8 (1) For a disclosable gift received after December 31, 2020,
135+9 and before July 1, 2024, not later than September 1, 2024.
136+10 (2) For a disclosable gift received after June 30, 2024,
137+11 biannually on January 1 and July 1 of each subsequent year.
138+12 (b) A gift received from a foreign source through an
139+13 intermediary or affiliate organization is considered an indirect gift
140+14 to a state educational institution and is subject to the disclosure
141+15 required by subsection (a).
142+16 Sec. 11. Unless otherwise prohibited or deemed confidential
143+17 under state or federal law, a disclosure under section 10 of this
144+18 chapter must include the following information:
145+19 (1) The date of the gift.
146+20 (2) The amount of the gift.
147+21 (3) The purpose of the gift.
148+22 (4) The identification of the persons for whom the gift is
149+23 explicitly intended to benefit.
150+24 (5) Any applicable conditions, requirements, restrictions, or
151+25 terms made part of the gift.
152+26 (6) The name and country of residence or domicile of the
153+27 foreign source.
154+28 (7) The name and mailing address of the state educational
155+29 institution receiving the gift.
156+30 (8) If applicable, the date of termination of the gift.
157+31 Sec. 12. The commission shall establish and maintain a website
158+32 to enable the public to access information concerning gifts
159+33 disclosed by state educational institutions under section 10 of this
160+34 chapter.
161+35 Sec. 13. (a) A state educational institution shall disclose to the
162+36 commission any contract of any value entered into directly or
163+37 indirectly with any foreign source located in a foreign adversary as
164+38 follows:
165+39 (1) For a disclosable contract entered into after December 31,
166+40 2020, and before July 1, 2024, not later than September 1,
167+41 2024.
168+42 (2) For a disclosable contract entered into after June 30, 2024,
169+EH 1179—LS 6805/DI 143 4
170+1 biannually on January 1 and July 1 of each subsequent year.
171+2 (b) A contract entered into with a foreign source through an
172+3 intermediary or affiliate organization is considered an indirect
173+4 contract with a state educational institution and is subject to the
174+5 disclosure required by subsection (a).
175+6 Sec. 14. Unless otherwise prohibited or deemed confidential
176+7 under state or federal law, a disclosure under section 13 of this
177+8 chapter must include the following information:
178+9 (1) The date of the contract.
179+10 (2) The amount of the contract.
180+11 (3) The purpose of the contract.
181+12 (4) The identification of the persons for whom the contract is
182+13 explicitly intended to benefit.
183+14 (5) Any applicable conditions, requirements, restrictions, or
184+15 terms made part of the contract.
185+16 (6) A copy of the contract.
186+17 (7) The name and country of residence or domicile of the
187+18 foreign source.
188+19 (8) The name and mailing address of the state educational
189+20 institution entering into the contract.
190+21 (9) If applicable, the date of termination of the contract.
191+22 Sec. 15. The commission shall establish and maintain a website
192+23 to enable the public to access information concerning contracts
193+24 disclosed by state educational institutions under section 13 of this
194+25 chapter.
195+26 Sec. 16. (a) The commission may:
196+27 (1) audit; or
197+28 (2) contract with a qualified person to audit;
198+29 a state educational institution's use of a gift disclosed under section
199+30 10 of this chapter that the state educational institution received
200+31 after June 30, 2021, and before July 1, 2024.
201+32 (b) The commission may:
202+33 (1) audit; or
203+34 (2) contract with a qualified person to audit;
204+35 a state educational institution's use of the proceeds of a contract
205+36 disclosed under section 13 of this chapter that the state educational
206+37 institution entered into after June 30, 2021, and before July 1,
207+38 2024.
208+39 Sec. 17. The commission shall send copies of all disclosures
209+40 described in sections 10 and 13 of this chapter to the attorney
210+41 general, in a manner prescribed by the attorney general.
211+42 Sec. 18. (a) The attorney general may bring a civil action against
212+EH 1179—LS 6805/DI 143 5
213+1 a state educational institution that has failed to comply with this
214+2 chapter:
215+3 (1) based upon information known to the attorney general; or
216+4 (2) at the request of:
217+5 (A) a member of the general assembly;
218+6 (B) the governor;
219+7 (C) a member of the commission;
220+8 (D) a member of the Indiana state board of education; or
221+9 (E) an Indiana taxpayer;
222+10 if the person described in this subdivision submits a signed
223+11 affidavit affirming that a state educational institution is not in
224+12 compliance with the requirements of this chapter.
225+13 (b) If the attorney general prevails in an action brought under
226+14 this section, the attorney general is entitled to injunctive relief to
227+15 require the state educational institution to comply with the
228+16 requirements of this chapter. In addition, a state educational
229+17 institution that is found to have knowingly or willingly failed to
230+18 comply with the requirements of this chapter must pay to the
231+19 attorney general:
232+20 (1) the costs incurred in bringing the civil action under this
233+21 section; and
234+22 (2) any associated costs of investigation and enforcement.
235+23 SECTION 2. IC 21-36-1-1.3 IS ADDED TO THE INDIANA CODE
236+24 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
237+25 1, 2024]: Sec. 1.3. "Foreign adversary" includes the following:
238+26 (1) A foreign government listed in 15 CFR 7.4.
239+27 (2) A country designated as a threat to critical infrastructure
240+28 by the governor under IC 1-1-16-8.
241+29 SECTION 3. IC 21-36-1-1.5 IS ADDED TO THE INDIANA CODE
242+30 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
243+31 1, 2024]: Sec. 1.5. "Intellectual property" means all original data,
244+32 findings, or other products of the mind or intellect commonly
245+33 associated with claims, interests, and rights that are protected
246+34 under trade secret, patent, trademark, copyright, or unfair
247+35 competition law.
248+36 SECTION 4. IC 21-36-1-2.3 IS ADDED TO THE INDIANA CODE
249+37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
250+38 1, 2024]: Sec. 2.3. "Prohibited person" means the following:
251+39 (1) A business entity organized under the laws of a foreign
252+40 adversary.
253+41 (2) A business entity headquartered in a foreign adversary.
254+42 (3) A business entity or other entity, including a governmental
255+EH 1179—LS 6805/DI 143 6
256+1 entity, that is owned or controlled by citizens of, or is directly
257+2 controlled by the government of, a foreign adversary.
258+3 The term includes an agent, trustee, or fiduciary of a prohibited
259+4 person.
260+5 SECTION 5. IC 21-36-5 IS ADDED TO THE INDIANA CODE AS
261+6 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
262+7 1, 2024]:
263+8 Chapter 5. Transfer of Intellectual Property
264+9 Sec. 1. This chapter applies to the following state educational
265+10 institutions:
266+11 (1) Indiana University.
267+12 (2) Purdue University.
268+13 (3) Indiana State University.
269+14 (4) Ball State University.
270+15 (5) Ivy Tech Community College.
271+16 (6) University of Southern Indiana.
272+17 (7) Vincennes University.
273+18 Sec. 2. The board of trustees of a state educational institution
274+19 shall adopt a policy that prohibits the transfer, licensing, or
275+20 sublicensing of intellectual property created or developed using the
276+21 state educational institution's resources to a prohibited person.
277+22 SECTION 6. IC 21-39-8.5 IS ADDED TO THE INDIANA CODE
278+23 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
279+24 JULY 1, 2024]:
280+25 Chapter 8.5. Official Public Statements
281+26 Sec. 1. As used in this chapter, "protected expressive activity"
282+27 has the meaning set forth in IC 21-39-8-5.
283+28 Sec. 2. The board of trustees of each state educational institution
284+29 shall adopt a policy prohibiting an employee or contractor of the
285+30 state educational institution from making a public statement in the
286+31 person's official capacity as a state educational institution
287+32 employee or contractor unless the statement:
288+33 (1) relates to the business or operation of the state educational
289+34 institution, or to a state educational institution sponsored
290+35 event; or
291+36 (2) has been approved by the board of trustees of the state
292+37 educational institution.
293+38 The policy may not prohibit the exercise of any protected
294+39 expressive activity that is not made in the employee's or
295+40 contractor's official capacity.
296+41 SECTION 7. IC 21-49-1 IS REPEALED [EFFECTIVE JULY 1,
297+42 2024]. (Disclosures by Postsecondary Educational Institutions of
298+EH 1179—LS 6805/DI 143 7
299+1 Foreign Gifts and Contracts).
300+2 SECTION 8. IC 21-49-2.7 IS ADDED TO THE INDIANA CODE
301+3 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
302+4 JULY 1, 2024]:
303+5 Chapter 2.7. Prohibition on the Use of State Funds and
304+6 Resources
305+7 Sec. 1. As used in this chapter, "foreign terrorist organization"
306+8 refers to an organization designated by the Secretary of State of
307+9 the United States as a foreign terrorist organization under 8 U.S.C.
308+10 1189.
309+11 Sec. 2. As used in this chapter, "state sponsor of terror" means
310+12 a country determined by the Secretary of State of the United States
311+13 to have repeatedly provided support for acts of international
312+14 terrorism.
313+15 Sec. 3. The board of trustees of each state educational institution
314+16 shall adopt a policy that prohibits the use of any state funds or
315+17 resources to:
316+18 (1) engage or contract with an individual associated with a
317+19 foreign terrorist organization or a state sponsor of terror; or
318+20 (2) support the activities of a foreign terrorist organization or
319+21 a state sponsor of terror.
320+EH 1179—LS 6805/DI 143 8
321+COMMITTEE REPORT
322+Mr. Speaker: Your Committee on Education, to which was referred
323+House Bill 1179, has had the same under consideration and begs leave
324+to report the same back to the House with the recommendation that said
325+bill be amended as follows:
326+Page 1, between the enacting clause and line 1, begin a new
327+paragraph and insert:
328+"SECTION 1. IC 21-36-1-1.3 IS ADDED TO THE INDIANA
329+CODE AS A NEW SECTION TO READ AS FOLLOWS
330+[EFFECTIVE JULY 1, 2024]: Sec. 1.3. "Foreign adversary" includes
331+the following:
332+(1) China.
333+(2) Iran.
334+(3) North Korea.
335+(4) Russia.
336+(5) A foreign government listed in 15 CFR 7.4.
337+(6) A country designated as a threat to critical infrastructure
338+by the governor under IC 1-1-16-8.".
339+Page 1, line 11, delete "China." and insert "a foreign adversary.".
340+Page 1, line 12, delete "China." and insert "a foreign adversary.".
341+Page 1, line 15, delete "China." and insert "a foreign adversary.".
342+Renumber all SECTIONS consecutively.
343+and when so amended that said bill do pass.
344+(Reference is to HB 1179 as introduced.)
345+BEHNING
346+Committee Vote: yeas 13, nays 0.
347+_____
348+COMMITTEE REPORT
349+Madam President: The Senate Committee on Education and Career
350+Development, to which was referred House Bill No. 1179, has had the
351+same under consideration and begs leave to report the same back to the
352+Senate with the recommendation that said bill be AMENDED as
353+follows:
354+Page 2, line 36, delete "or contractor".
355+Page 2, line 39, delete "or contractor".
356+Page 3, line 4, delete "or".
357+EH 1179—LS 6805/DI 143 9
358+Page 3, line 5, delete "contractor's".
359+and when so amended that said bill do pass.
360+(Reference is to HB 1179 as printed January 25, 2024.)
361+RAATZ, Chairperson
362+Committee Vote: Yeas 13, Nays 0.
363+_____
364+SENATE MOTION
365+Madam President: I move that Engrossed House Bill 1179 be
366+amended to read as follows:
367+Page 1, between the enacting clause and line 1, begin a new
368+paragraph and insert:
369+"SECTION 1. IC 21-30-7 IS ADDED TO THE INDIANA CODE
370+AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
371+JULY 1, 2024]:
17372 Chapter 7. Disclosure of Foreign Gifts and Contracts
18373 Sec. 1. As used in this chapter, "affiliate organization" means
19374 any entity under the control of, or established for the benefit of, a
20375 state educational institution, including a direct-support
21376 organization.
22377 Sec. 2. As used in this chapter, "contract" means an agreement
23378 for the acquisition of property or services by purchase, lease, or
24379 barter for the direct benefit or use of either of the parties.
25380 Sec. 3. As used in this chapter, "direct-support organization"
26381 means an organization that is organized and operated to receive,
27382 hold, invest, and administer property and to make expenditures to
28383 or for the benefit of a state educational institution or for the benefit
29384 of a research and development park or a research and development
30385 entity affiliated with a state educational institution.
31386 Sec. 4. As used in this chapter, "foreign adversary" includes the
32387 following:
33388 (1) A foreign government listed in 15 CFR 7.4.
34389 (2) A country designated as a threat to critical infrastructure
35390 by the governor under IC 1-1-16-8.
36-HEA 1179 — Concur 2
37391 Sec. 5. As used in this chapter, "foreign government" means the
38392 government, including an agent of the government, of any country,
39393 nation, or group of nations, or any province or other political
40394 subdivision of any country or nation, other than the government of
395+EH 1179—LS 6805/DI 143 10
41396 the United States or a state, territory, or protectorate of the United
42397 States.
43398 Sec. 6. As used in this chapter, "foreign source" means any of
44399 the following:
45400 (1) A foreign government or an agency of a foreign
46401 government.
47402 (2) A legal entity, governmental or otherwise, created solely
48403 under the laws of a foreign nation or group of nations.
49404 (3) An individual who is not a citizen or a national of the
50405 United States or a territory or protectorate of the United
51406 States.
52407 (4) A partnership, an association, a corporation, an
53408 organization, or any other combination of persons, including
54409 a subsidiary of an entity described in this subdivision,
55410 organized under the laws of, or having its principal place of
56411 business in, a foreign adversary.
57412 (5) An agent, including a subsidiary or an affiliate of a foreign
58413 legal entity, acting on behalf of a foreign source.
59414 (6) A political party of a foreign adversary or an individual
60415 who is a member of a political party of a foreign adversary.
61416 Sec. 7. As used in this chapter, "gift" means any gift, grant,
62417 endowment, award, or donation of money or property of any kind,
63418 or any combination thereof, including a conditional or
64419 unconditional promise, pledge, or agreement to make a gift,
65420 endowment, award, or donation.
66421 Sec. 8. As used in this chapter, "grant" means a transfer of
67422 money for a specified purpose, including a conditional gift.
68423 Sec. 9. As used in this chapter, "political party of a foreign
69424 adversary" means an organization or combination of individuals
70425 organized for the purpose of, or engaged in any activity devoted in
71426 whole or in part to, either of the following:
72427 (1) The establishment, administration, control, or the
73428 acquisition of the administration or control, of the
74429 government of a foreign adversary.
75430 (2) The furtherance or influencing of the political or public
76431 interest, policies, or relations of the government of a foreign
77432 adversary.
78433 Sec. 10. (a) A state educational institution shall disclose to the
79-HEA 1179 — Concur 3
80434 commission any gift of any value received directly or indirectly
81435 from any foreign source located in a foreign adversary as follows:
82436 (1) For a disclosable gift received after December 31, 2020,
83437 and before July 1, 2024, not later than September 1, 2024.
438+EH 1179—LS 6805/DI 143 11
84439 (2) For a disclosable gift received after June 30, 2024,
85440 biannually on January 1 and July 1 of each subsequent year.
86441 (b) A gift received from a foreign source through an
87442 intermediary or affiliate organization is considered an indirect gift
88443 to a state educational institution and is subject to the disclosure
89444 required by subsection (a).
90445 Sec. 11. Unless otherwise prohibited or deemed confidential
91446 under state or federal law, a disclosure under section 10 of this
92447 chapter must include the following information:
93448 (1) The date of the gift.
94449 (2) The amount of the gift.
95450 (3) The purpose of the gift.
96451 (4) The identification of the persons for whom the gift is
97452 explicitly intended to benefit.
98453 (5) Any applicable conditions, requirements, restrictions, or
99454 terms made part of the gift.
100455 (6) The name and country of residence or domicile of the
101456 foreign source.
102457 (7) The name and mailing address of the state educational
103458 institution receiving the gift.
104459 (8) If applicable, the date of termination of the gift.
105460 Sec. 12. The commission shall establish and maintain a website
106461 to enable the public to access information concerning gifts
107462 disclosed by state educational institutions under section 10 of this
108463 chapter.
109464 Sec. 13. (a) A state educational institution shall disclose to the
110465 commission any contract of any value entered into directly or
111466 indirectly with any foreign source located in a foreign adversary as
112467 follows:
113468 (1) For a disclosable contract entered into after December 31,
114469 2020, and before July 1, 2024, not later than September 1,
115470 2024.
116471 (2) For a disclosable contract entered into after June 30, 2024,
117472 biannually on January 1 and July 1 of each subsequent year.
118473 (b) A contract entered into with a foreign source through an
119474 intermediary or affiliate organization is considered an indirect
120475 contract with a state educational institution and is subject to the
121476 disclosure required by subsection (a).
122-HEA 1179 — Concur 4
123477 Sec. 14. Unless otherwise prohibited or deemed confidential
124478 under state or federal law, a disclosure under section 13 of this
125479 chapter must include the following information:
126480 (1) The date of the contract.
481+EH 1179—LS 6805/DI 143 12
127482 (2) The amount of the contract.
128483 (3) The purpose of the contract.
129484 (4) The identification of the persons for whom the contract is
130485 explicitly intended to benefit.
131486 (5) Any applicable conditions, requirements, restrictions, or
132487 terms made part of the contract.
133488 (6) A copy of the contract.
134489 (7) The name and country of residence or domicile of the
135490 foreign source.
136491 (8) The name and mailing address of the state educational
137492 institution entering into the contract.
138493 (9) If applicable, the date of termination of the contract.
139494 Sec. 15. The commission shall establish and maintain a website
140495 to enable the public to access information concerning contracts
141496 disclosed by state educational institutions under section 13 of this
142497 chapter.
143498 Sec. 16. (a) The commission may:
144499 (1) audit; or
145500 (2) contract with a qualified person to audit;
146501 a state educational institution's use of a gift disclosed under section
147502 10 of this chapter that the state educational institution received
148503 after June 30, 2021, and before July 1, 2024.
149504 (b) The commission may:
150505 (1) audit; or
151506 (2) contract with a qualified person to audit;
152507 a state educational institution's use of the proceeds of a contract
153508 disclosed under section 13 of this chapter that the state educational
154509 institution entered into after June 30, 2021, and before July 1,
155510 2024.
156511 Sec. 17. The commission shall send copies of all disclosures
157512 described in sections 10 and 13 of this chapter to the attorney
158513 general, in a manner prescribed by the attorney general.
159514 Sec. 18. (a) The attorney general may bring a civil action against
160515 a state educational institution that has failed to comply with this
161516 chapter:
162517 (1) based upon information known to the attorney general; or
163518 (2) at the request of:
164519 (A) a member of the general assembly;
165-HEA 1179 — Concur 5
166520 (B) the governor;
167521 (C) a member of the commission;
168522 (D) a member of the Indiana state board of education; or
169523 (E) an Indiana taxpayer;
524+EH 1179—LS 6805/DI 143 13
170525 if the person described in this subdivision submits a signed
171526 affidavit affirming that a state educational institution is not in
172527 compliance with the requirements of this chapter.
173528 (b) If the attorney general prevails in an action brought under
174529 this section, the attorney general is entitled to injunctive relief to
175530 require the state educational institution to comply with the
176531 requirements of this chapter. In addition, a state educational
177532 institution that is found to have knowingly or willingly failed to
178533 comply with the requirements of this chapter must pay to the
179534 attorney general:
180535 (1) the costs incurred in bringing the civil action under this
181536 section; and
182-(2) any associated costs of investigation and enforcement.
183-SECTION 2. IC 21-36-1-1.3 IS ADDED TO THE INDIANA CODE
184-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
185-1, 2024]: Sec. 1.3. "Foreign adversary" includes the following:
186-(1) A foreign government listed in 15 CFR 7.4.
187-(2) A country designated as a threat to critical infrastructure
188-by the governor under IC 1-1-16-8.
189-SECTION 3. IC 21-36-1-1.5 IS ADDED TO THE INDIANA CODE
190-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
191-1, 2024]: Sec. 1.5. "Intellectual property" means all original data,
192-findings, or other products of the mind or intellect commonly
193-associated with claims, interests, and rights that are protected
194-under trade secret, patent, trademark, copyright, or unfair
195-competition law.
196-SECTION 4. IC 21-36-1-2.3 IS ADDED TO THE INDIANA CODE
197-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
198-1, 2024]: Sec. 2.3. "Prohibited person" means the following:
199-(1) A business entity organized under the laws of a foreign
200-adversary.
201-(2) A business entity headquartered in a foreign adversary.
202-(3) A business entity or other entity, including a governmental
203-entity, that is owned or controlled by citizens of, or is directly
204-controlled by the government of, a foreign adversary.
205-The term includes an agent, trustee, or fiduciary of a prohibited
206-person.
207-SECTION 5. IC 21-36-5 IS ADDED TO THE INDIANA CODE AS
208-HEA 1179 — Concur 6
209-A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
210-1, 2024]:
211-Chapter 5. Transfer of Intellectual Property
212-Sec. 1. This chapter applies to the following state educational
213-institutions:
214-(1) Indiana University.
215-(2) Purdue University.
216-(3) Indiana State University.
217-(4) Ball State University.
218-(5) Ivy Tech Community College.
219-(6) University of Southern Indiana.
220-(7) Vincennes University.
221-Sec. 2. The board of trustees of a state educational institution
222-shall adopt a policy that prohibits the transfer, licensing, or
223-sublicensing of intellectual property created or developed using the
224-state educational institution's resources to a prohibited person.
225-SECTION 6. IC 21-39-8.5 IS ADDED TO THE INDIANA CODE
226-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
227-JULY 1, 2024]:
228-Chapter 8.5. Official Public Statements
229-Sec. 1. As used in this chapter, "protected expressive activity"
230-has the meaning set forth in IC 21-39-8-5.
231-Sec. 2. The board of trustees of each state educational institution
232-shall adopt a policy prohibiting an employee or contractor of the
233-state educational institution from making a public statement in the
234-person's official capacity as a state educational institution
235-employee or contractor unless the statement:
236-(1) relates to the business or operation of the state educational
237-institution, or to a state educational institution sponsored
238-event; or
239-(2) has been approved by the board of trustees of the state
240-educational institution.
241-The policy may not prohibit the exercise of any protected
242-expressive activity that is not made in the employee's or
243-contractor's official capacity.
244-SECTION 7. IC 21-49-1 IS REPEALED [EFFECTIVE JULY 1,
537+(2) any associated costs of investigation and enforcement.".
538+Page 1, delete lines 4 through 7.
539+Page 1, line 8, delete "(5)" and insert "(1)".
540+Page 1, line 9, delete "(6)" and insert "(2)".
541+Page 2, line 36, after "employee" insert "or contractor".
542+Page 2, line 39, after "employee" insert "or contractor".
543+Page 3, line 4, after "employee's" insert "or contractor's".
544+Page 3, between lines 5 and 6, begin a new paragraph and insert:
545+"SECTION 6. IC 21-49-1 IS REPEALED [EFFECTIVE JULY 1,
245546 2024]. (Disclosures by Postsecondary Educational Institutions of
246-Foreign Gifts and Contracts).
247-SECTION 8. IC 21-49-2.7 IS ADDED TO THE INDIANA CODE
248-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
249-JULY 1, 2024]:
250-Chapter 2.7. Prohibition on the Use of State Funds and
251-HEA 1179 — Concur 7
252-Resources
253-Sec. 1. As used in this chapter, "foreign terrorist organization"
254-refers to an organization designated by the Secretary of State of
255-the United States as a foreign terrorist organization under 8 U.S.C.
256-1189.
257-Sec. 2. As used in this chapter, "state sponsor of terror" means
258-a country determined by the Secretary of State of the United States
259-to have repeatedly provided support for acts of international
260-terrorism.
261-Sec. 3. The board of trustees of each state educational institution
262-shall adopt a policy that prohibits the use of any state funds or
263-resources to:
264-(1) engage or contract with an individual associated with a
265-foreign terrorist organization or a state sponsor of terror; or
266-(2) support the activities of a foreign terrorist organization or
267-a state sponsor of terror.
268-HEA 1179 — Concur Speaker of the House of Representatives
269-President of the Senate
270-President Pro Tempore
271-Governor of the State of Indiana
272-Date: Time:
273-HEA 1179 — Concur
547+Foreign Gifts and Contracts).".
548+Renumber all SECTIONS consecutively.
549+(Reference is to EHB 1179 as printed February 23, 2024.)
550+RAATZ
551+EH 1179—LS 6805/DI 143