*EH1183.2*
Reprinted
March 5, 2024
ENGROSSED
HOUSE BILL No. 1183
_____
DIGEST OF HB 1183 (Updated March 4, 2024 4:04 pm - DI 137)
Citations Affected: IC 1-1; IC 32-22; IC 34-30.
Synopsis: Foreign ownership of land. Provides that, beginning July 1,
2024, a prohibited person may not purchase, lease, or acquire a parcel
of real property that is located within a 10 mile radius of a military
installation. Provides that, beginning July 1, 2024, a prohibited person
may not acquire or lease agricultural land or a mineral right or water or
riparian right on agricultural land located in Indiana. Provides certain
enforcement powers to the attorney general for a transfer of land in
violation of the law.
Effective: July 1, 2024.
Culp, Aylesworth, Jeter, Pryor
(SENATE SPONSORS — LEISING, GOODE, DORIOT, KOCH, GLICK,
TOMES, RANDOLPH LONNIE M)
January 9, 2024, read first time and referred to Committee on Agriculture and Rural
Development.
January 29, 2024, amended, reported — Do Pass.
January 31, 2024, read second time, amended, ordered engrossed.
February 1, 2024, engrossed. Read third time, passed. Yeas 96, nays 0.
SENATE ACTION
February 12, 2024, read first time and referred to Committee on Agriculture.
February 27, 2024, amended, reported favorably — Do Pass.
March 4, 2024, read second time, amended, ordered engrossed.
EH 1183—LS 6624/DI 137 Reprinted
March 5, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1183
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 1-1-16-10, AS ADDED BY P.L.118-2023,
2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 10. (a) After June 30, 2023, a prohibited person
4 may not purchase, lease, or acquire a parcel of real property that is:
5 (1) located in Indiana; and
6 (2) directly adjacent to a military installation.
7 (b) After June 30, 2024, a prohibited person may not purchase,
8 lease, or acquire a parcel of real property that is:
9 (1) located in Indiana; and
10 (2) located within a ten (10) mile radius of a military
11 installation.
12 (b) (c) A purchase, lease, or acquisition of a parcel of real property
13 in violation of subsection (a) or (b) is subject to divestiture pursuant to
14 section 11 of this chapter.
15 (c) (d) No title to real property shall be invalid or subject to
16 divestiture by reason of the violation of this section by any former
17 owner or other individual or entity holding or owning a former interest
EH 1183—LS 6624/DI 137 2
1 in the real property.
2 SECTION 2. IC 32-22-3-0.5, AS ADDED BY P.L.156-2022,
3 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 0.5. (a) Except as provided in section 4.5 of this
5 chapter, the prohibition on ownership of agricultural land established
6 by this chapter does not apply to the following:
7 (1) Agricultural land that is used for research or experimental
8 purposes, including testing, developing, or producing seeds or
9 plants for sale or resale to farmers as seed stock.
10 (2) The acquisition by a foreign business entity of agricultural
11 land or an interest in agricultural land that is located within
12 Indiana:
13 (A) that is used for crop farming and that is not more than
14 three hundred twenty (320) acres; or
15 (B) that is used for timber production and that is not more than
16 ten (10) acres.
17 (3) As used in this subdivision, "confined feeding operation" has
18 the meaning set forth in IC 13-11-2-40. The acquisition by a
19 foreign business entity of a confined feeding operation or
20 agricultural land on which to construct a confined feeding
21 operation.
22 (4) Agricultural land used for raising or producing eggs or
23 poultry, including hatcheries and other ancillary activities.
24 (b) This chapter does not affect the ability of a foreign business
25 entity to hold or acquire by grant, purchase, devise, descent, or
26 otherwise agricultural land in such acreage as may be necessary to its
27 business operations for purposes other than crop farming or timber
28 production.
29 SECTION 3. IC 32-22-3-1, AS ADDED BY P.L.156-2022,
30 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2024]: Sec. 1. As used in this chapter, "agricultural land"
32 means land for use in crop farming or timber production or as pasture
33 land.
34 SECTION 4. IC 32-22-3-3.5 IS ADDED TO THE INDIANA CODE
35 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
36 1, 2024]: Sec. 3.5. As used in this chapter, "prohibited person"
37 includes:
38 (1) an individual who is a citizen of a foreign adversary (as
39 defined in 15 CFR 7.4); or
40 (2) a business entity that is:
41 (A) wholly owned by, or the majority of stock or other
42 ownership interest of the business entity is held or
EH 1183—LS 6624/DI 137 3
1 controlled by:
2 (i) individuals who are citizens of a foreign adversary (as
3 defined in 15 CFR 7.4); or
4 (ii) a business entity or another entity, including a
5 governmental entity, that is owned or controlled by
6 citizens of, or is directly controlled by the government of,
7 a foreign adversary (as defined in 15 CFR 7.4); or
8 (B) headquartered in a foreign adversary (as defined in 15
9 CFR 7.4).
10 The term, as used in subdivisions (1) and (2)(A)(i), does not include
11 an individual who holds dual citizenship with a foreign adversary
12 (as defined in 15 CFR 7.4) and the United States or an individual
13 who is a lawful permanent resident of the United States.
14 SECTION 5. IC 32-22-3-4.5 IS ADDED TO THE INDIANA CODE
15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16 1, 2024]: Sec. 4.5. (a) This section does not apply to agricultural
17 land on which there has been no agricultural activity in the last five
18 (5) years, unless the agricultural land is recognized by the United
19 States Department of Agriculture's Farm Service Agency as
20 farmland.
21 (b) After June 30, 2024, a prohibited person may not do any of
22 the following:
23 (1) Acquire by grant, purchase, devise, descent, or otherwise
24 any agricultural land located in Indiana.
25 (2) Enter into a lease agreement as a lessee for any
26 agricultural land located in Indiana. This subdivision does not
27 apply to the renewal of a lease for agricultural land that is in
28 place prior to July 1, 2024, if the acreage and description of
29 the agricultural land subject to the lease does not change.
30 (3) Acquire by grant, purchase, devise, descent, or otherwise
31 any mineral right or water or riparian right on any
32 agricultural land located in Indiana.
33 (4) Enter into a lease agreement as a lessee for any mineral
34 right or water or riparian right on any agricultural land
35 located in Indiana.
36 (c) A person who is not a prohibited person is not civilly or
37 criminally liable for failing to determine or inquire if a person is a
38 prohibited person under this section.
39 (d) A purchase, acquisition, or lease of agricultural land in
40 violation of this section is subject to divestiture pursuant to section
41 6.5 of this chapter.
42 (e) No title to agricultural land shall be invalid or subject to
EH 1183—LS 6624/DI 137 4
1 divestiture by reason of a violation of this section by any former
2 owner or other individual or entity holding or owning a former
3 interest in the agricultural land.
4 SECTION 6. IC 32-22-3-6.5 IS ADDED TO THE INDIANA CODE
5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
6 1, 2024]: Sec. 6.5. (a) Upon receipt of information that leads the
7 attorney general to believe an acquisition or lease of agricultural
8 land violates section 4.5 of this chapter, the attorney general shall
9 investigate the alleged violation and may issue subpoenas requiring
10 the:
11 (1) appearance of witnesses;
12 (2) production of relevant records; and
13 (3) giving of relevant testimony.
14 (b) The attorney general shall enforce a violation of section 4.5
15 of this chapter by commencing a receivership proceeding under
16 IC 32-30-5-1 and selling the agricultural land through the
17 receivership. The following apply to a receivership proceeding
18 under this section:
19 (1) Proceeds of the sale shall be paid as follows:
20 (A) The costs of the receivership and sale.
21 (B) To lienholders, in their order of priority, except for
22 liens which under the terms of the sale are to remain on the
23 property.
24 (C) No proceeds shall be distributed from the receivership
25 sale to the prohibited person. Any excess proceeds are
26 forfeited and shall be transferred to the state general fund
27 by the receiver.
28 (2) At the receivership sale, lienholders shall be able to have
29 a credit bid in an amount that is not more than the amount
30 owed to the lienholder on the date of the sale, as established in
31 the court order for the sale of the property.
32 (3) Upon commencement of an action under this section, the
33 attorney general shall promptly file a notice of lis pendens
34 with the clerk of court. Upon the entry of an order for the sale
35 of the property under this section, the attorney general shall
36 promptly record a copy of the order in the office of the
37 recorder of the county where the property is located.
38 (c) The responsibility for determining whether an individual or
39 other entity is subject to section 4.5 of this chapter rests solely with
40 the prohibited person and the attorney general and no other
41 individual or entity. An individual or other entity who is not a
42 prohibited person shall bear no civil or criminal liability for failing
EH 1183—LS 6624/DI 137 5
1 to determine or make inquiry of whether an individual or other
2 entity is a prohibited person.
3 (d) Divestiture of a prohibited person's title under this section
4 shall not be a basis to void, invalidate, or otherwise extinguish any
5 bona fide mortgage, lien, or other interest granted by, through, or
6 under the prohibited person.
7 SECTION 7. IC 34-30-2.1-525.4 IS ADDED TO THE INDIANA
8 CODE AS A NEW SECTION TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2024]: Sec. 525.4. IC 32-22-3-4.5(c)
10 (Concerning agricultural land purchased or leased by a prohibited
11 person).
12 SECTION 8. IC 34-30-2.1-525.5 IS ADDED TO THE INDIANA
13 CODE AS A NEW SECTION TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2024]: Sec. 525.5. IC 32-22-3-6.5(c)
15 (Concerning agricultural land held by a prohibited person).
EH 1183—LS 6624/DI 137 6
COMMITTEE REPORT
Mr. Speaker: Your Committee on Agriculture and Rural
Development, to which was referred House Bill 1183, has had the same
under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
Page 1, line 6, delete "years." and insert "years, unless the
agricultural land is recognized by the United States Department of
Agriculture's Farm Service Agency as farmland.".
Page 2, delete lines 33 through 42, begin a new paragraph and
insert:
"SECTION 4. IC 32-22-3-1.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1.7. As used in this chapter,
"controlling person" includes the following:
(1) A beneficial owner (as defined in IC 23-1-20-3.5) of five
percent (5%) or more of the shares of a business entity.
(2) An officer, director, or other individual who possesses
inside information about a business entity because of the
person's relationship with the business entity.
(3) A person, individually or as a member of a group, who has
the ability to directly or indirectly affect a business entity's
management or policies.
SECTION 5. IC 32-22-3-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 3.5. As used in this chapter, "prohibited person"
includes the following:
(1) An individual who is a citizen of a foreign adversary (as
defined in 15 CFR 7.4).
(2) A foreign business entity organized under the laws of a
foreign adversary (as defined in 15 CFR 7.4).
(3) A corporation, professional corporation, nonprofit
corporation, limited liability company, partnership, or limited
partnership with a controlling person who is either of the
following:
(A) An individual who is a citizen of a foreign adversary
(as defined in 15 CFR 7.4).
(B) A company or other entity, including a governmental
entity, that is owned or controlled by citizens of, or is
directly controlled by the government of, a foreign
adversary (as defined in 15 CFR 7.4).".
Page 3, delete lines 1 through 8.
Page 3, line 13, delete "years." and insert "years, unless the
EH 1183—LS 6624/DI 137 7
agricultural land is recognized by the United States Department of
Agriculture's Farm Service Agency as farmland.".
Page 3, delete lines 26 through 35, begin a new paragraph and
insert:
"SECTION 6. IC 32-22-3-6.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 6.5. (a) Upon receipt of
information that leads the attorney general to believe an
acquisition or lease of agricultural land violates section 4.5 of this
chapter, the attorney general shall investigate the alleged violation
and may issue subpoenas requiring the:
(1) appearance of witnesses;
(2) production of relevant records; and
(3) giving of relevant testimony.
(b) If the attorney general finds that agricultural land or an
interest in agricultural land was acquired in violation of section 4.5
of this chapter, the attorney general shall commence an action in
the circuit court where the agricultural land is located. Upon
commencing an action under this subsection, the attorney general
shall record a notice of the pendency of the action with the county
recorder.
(c) If the circuit court finds that agricultural land is held in
violation of this chapter, the circuit court must order that the
agricultural land be sold through judicial foreclosure. The
proceeds of the sale of agricultural land through judicial
foreclosure will be disbursed in the following order of priority:
(1) First, to any lien holders, in order of priority.
(2) Second, to the state, for the attorney general's costs and
expenses of the action, including reasonable attorney's fees
and expert fees.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1183 as introduced.)
AYLESWORTH
Committee Vote: yeas 11, nays 0.
EH 1183—LS 6624/DI 137 8
HOUSE MOTION
Mr. Speaker: I move that House Bill 1183 be amended to read as
follows:
Page 2, between lines 2 and 3, begin a new paragraph and insert:
"Sec. 6. A person who is not a prohibited person is not civilly or
criminally liable:
(1) for failing to determine or inquire if a person is a
prohibited person under this chapter; or
(2) if an affidavit submitted under section 5 of this chapter is
fraudulent or incorrect.".
Page 2, delete lines 35 through 42, begin a new paragraph and
insert:
"SECTION 4. IC 32-22-3-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3.5. As used in this chapter,
"prohibited person" includes:
(1) an individual who is a citizen of a foreign adversary (as
defined in 15 CFR 7.4); or
(2) a business entity that is:
(A) wholly owned by, or the majority of stock or other
ownership interest of the business entity is held or
controlled by:
(i) individuals who are citizens of a foreign adversary (as
defined in 15 CFR 7.4); or
(ii) a business entity or another entity, including a
governmental entity, that is owned or controlled by
citizens of, or is directly controlled by the government of,
a foreign adversary (as defined in 15 CFR 7.4); or
(B) headquartered in a foreign adversary (as defined in 15
CFR 7.4).".
Page 3, delete lines 1 through 22.
Page 3, between lines 41 and 42, begin a new paragraph and insert:
"(c) A person who is not a prohibited person is not civilly or
criminally liable for failing to determine or inquire if a person is a
prohibited person under this section."
Renumber all SECTIONS consecutively.
(Reference is to HB 1183 as printed January 29, 2024.)
CULP
EH 1183—LS 6624/DI 137 9
COMMITTEE REPORT
Madam President: The Senate Committee on Agriculture, to which
was referred House Bill No. 1183, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 1-1-16-10 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 10. (a) After June 30, 2023, a prohibited person may not
purchase, lease, or acquire a parcel of real property that is:
(1) located in Indiana; and
(2) directly adjacent to a military installation.
(b) A purchase, lease, or acquisition of a parcel of real property in
violation of subsection (a) is subject to divestiture pursuant to section
11 of this chapter.
(c) No title to real property shall be invalid or subject to divestiture
by reason of the violation of this section by any former owner or other
individual or entity holding or owning a former interest in the real
property.
SECTION 2. IC 1-1-16-11 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 11. (a) The attorney general may investigate the purchase,
lease, or acquisition of real property upon receipt of a complaint
alleging a violation of section 10 of this chapter.
(b) The attorney general shall enforce a violation of section 10 of
this chapter by commencing a receivership proceeding under
IC 32-30-5-1 and selling the property through the receivership. The
following apply to a receivership proceeding under this section:
(1) Proceeds of the sale shall be disbursed to lienholders, in their
order of priority, except for liens which under the terms of the
sale are to remain on the property.
(2) At the receivership sale, lienholders shall be able to have a
credit bid.
(3) No proceeds shall be distributed from the receivership sale to
the prohibited person. Any excess proceeds are forfeited and shall
be transferred to the state general fund by the receiver.
(4) Upon commencement of an action under this section, the
attorney general shall promptly file a notice of lis pendens with
the clerk of court. Upon the entry order for the sale of the property
under this section, the attorney general shall promptly record a
copy of the order in the office of the recorder of the county where
the property is located.
EH 1183—LS 6624/DI 137 10
(c) The responsibility for determining whether an individual or other
entity is subject to section 10 of this chapter rests solely with the
prohibited person and the attorney general and no other individual or
entity. An individual or other entity who is not a prohibited person shall
bear no civil or criminal liability for failing to determine or make
inquiry of whether an individual or other entity is a prohibited person.
(d) Divestiture of a prohibited person's title under this section shall
not be a basis to void, invalidate, or otherwise extinguish any bona fide
mortgage, lien, or other interest granted by, through, or under the
prohibited person.".
Page 3, line 29, after "Indiana." insert "This subdivision does not
apply to the renewal of a lease for agricultural land that is in place
prior to July 1, 2024, if the acreage and description of the
agricultural land subject to the lease does not change.".
Page 3, between lines 38 and 39, begin a new paragraph and insert:
"(d) A purchase, acquisition, or lease of agricultural land in
violation of this section is subject to divestiture pursuant to section
6.5 of this chapter.
(e) No title to agricultural land shall be invalid or subject to
divestiture by reason of a violation of this section by any former
owner or other individual or entity holding or owning a former
interest in the agricultural land.".
Page 4, delete lines 7 through 22, begin a new paragraph and insert:
"(b) The attorney general shall enforce a violation of section 4.5
of this chapter by commencing a receivership proceeding under
IC 32-30-5-1 and selling the agricultural land through the
receivership. The following apply to a receivership proceeding
under this section:
(1) Proceeds of the sale shall be paid as follows:
(A) The costs of the receivership and sale.
(B) To lienholders, in their order of priority, except for
liens which under the terms of the sale are to remain on the
property.
(C) Any penalty assessed against the prohibited person.
(D) Any excess funds to the prohibited person.
(2) At the receivership sale, lienholders shall be able to have
a credit bid in an amount that is not more than the amount
owed to the lienholder on the date of the sale, as established in
the court order for the sale of the property.
(3) Upon commencement of an action under this section, the
attorney general shall promptly file a notice of lis pendens
with the clerk of court. Upon the entry of an order for the sale
EH 1183—LS 6624/DI 137 11
of the property under this section, the attorney general shall
promptly record a copy of the order in the office of the
recorder of the county where the property is located.
(4) The court may assess a penalty against the prohibited
person for a violation of section 4.5 of this chapter in an
amount not to exceed the greater of:
(A) one hundred thousand dollars ($100,000); or
(B) five thousand dollars ($5,000) per acre of agricultural
land subject to the receivership proceeding.
A penalty assessed under this subdivision must be transferred
to the state general fund.
(c) The responsibility for determining whether an individual or
other entity is subject to section 4.5 of this chapter rests solely with
the prohibited person and the attorney general and no other
individual or entity. An individual or other entity who is not a
prohibited person shall bear no civil or criminal liability for failing
to determine or make inquiry of whether an individual or other
entity is a prohibited person.
(d) Divestiture of a prohibited person's title under this section
shall not be a basis to void, invalidate, or otherwise extinguish any
bona fide mortgage, lien, or other interest granted by, through, or
under the prohibited person.
SECTION 9. IC 32-22-5 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]:
Chapter 5. Prohibition on Owning Land Near Military Property
Sec. 1. As used in this chapter, "military installation" means a
military base, camp, post, station, yard, center, or other activity
under the jurisdiction of:
(1) the secretary of a branch of a federal military department;
or
(2) the governor.
Sec. 2. As used in this chapter, "prohibited person" has the
meaning set forth in IC 32-22-3-3.5.
Sec. 3. As used in this chapter, "real property" means:
(1) land located within Indiana; and
(2) a building or fixture situated on land located within
Indiana.
Sec. 4. (a) Except as provided in subsection (b), after June 30,
2024, a prohibited person may not do any of the following:
(1) Acquire by grant, purchase, devise, descent, or otherwise
any real property located within a fifty (50) mile radius of a
EH 1183—LS 6624/DI 137 12
military installation located in Indiana.
(2) Except for a lease agreement for residential property,
enter into a lease agreement as a lessee for any real property
located within a fifty (50) mile radius of a military installation
located in Indiana.
(3) Acquire by grant, purchase, devise, descent, or otherwise
any real property located within a ten (10) mile radius of an
armory (as defined in IC 10-16-1-2.5) or a maintenance
facility of the Indiana National Guard.
(4) Except for a lease agreement for residential property,
enter into a lease agreement as a lessee for any real property
located within a ten (10) mile radius of an armory (as defined
in IC 10-16-1-2.5) or a maintenance facility of the Indiana
National Guard.
(b) A prohibited person may acquire an interest in real property
by devise or bequest, through the enforcement of any security
interest or through the collection of debt. Any such acquisition
shall be subject to sections 5 and 6 of this chapter.
(c) A person who is not a prohibited person is not civilly or
criminally liable for failing to determine whether a person is a
prohibited person under this section.
Sec. 5. A prohibited person that directly or indirectly owns an
interest in real property located within a fifty (50) mile radius of a
military installation located in Indiana or a ten (10) mile radius of
an armory (as defined in IC 10-16-1-2.5) or a maintenance facility
of the Indiana National Guard shall electronically register the
prohibited person's ownership with the attorney general, in the
form and manner prescribed by the attorney general, not later
than October 31, 2024. The information provided in the electronic
registration must include:
(1) the name of the prohibited person holding an interest in
the real property;
(2) the date of acquisition of the real property;
(3) the address and legal description of the real property; and
(4) the distance, in miles, to the nearest military installation,
armory, or maintenance facility of the Indiana National
Guard.
Sec. 6. (a) Upon receipt of information that leads the attorney
general to believe an acquisition or lease of real property violates
section 4 of this chapter, the attorney general shall investigate the
alleged violation and may issue subpoenas requiring the:
(1) appearance of witnesses;
EH 1183—LS 6624/DI 137 13
(2) production of relevant records; and
(3) giving of relevant testimony.
(b) The attorney general shall enforce a violation of section 4 of
this chapter by commencing a receivership proceeding under
IC 32-30-5-1 and selling the real property through the receivership.
The following apply to a receivership proceeding under this
section:
(1) Proceeds of the sale shall be paid as follows:
(A) The costs of the receivership and sale.
(B) To lienholders, in their order of priority, except for
liens which under the terms of the sale are to remain on the
property.
(C) Any penalty assessed against the prohibited person.
(D) Any excess funds to the prohibited person.
(2) At the receivership sale, lienholders shall be able to have
a credit bid in an amount that is not more than the amount
owed to the lienholder on the date of the sale, as established in
the court order for the sale of the property.
(3) Upon commencement of an action under this section, the
attorney general shall promptly file a notice of lis pendens
with the clerk of court. Upon the entry of an order for the sale
of the property under this section, the attorney general shall
promptly record a copy of the order in the office of the
recorder of the county where the property is located.
(4) The court may assess a penalty against the prohibited
person for a violation of section 4 of this chapter in an amount
not to exceed the greater of:
(A) one hundred thousand dollars ($100,000); or
(B) five thousand dollars ($5,000) per acre of real property
subject to the receivership proceeding.
A penalty assessed under this subdivision must be transferred
to the state general fund.
(c) The responsibility for determining whether an individual or
other entity is subject to section 4 of this chapter rests solely with
the prohibited person and the attorney general and no other
individual or entity. An individual or other entity who is not a
prohibited person shall bear no civil or criminal liability for failing
to determine or make inquiry of whether an individual or other
entity is a prohibited person.
(d) Divestiture of a prohibited person's title under this section
shall not be a basis to void, invalidate, or otherwise extinguish any
bona fide mortgage, lien, or other interest granted by, through, or
EH 1183—LS 6624/DI 137 14
under the prohibited person.
SECTION 10. IC 34-30-2.1-1.5 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 1.5. IC 1-1-16-11(c) (Concerning the sale, lease, or
acquisition of property adjacent to a military installation to a prohibited
person).
SECTION 11. IC 34-30-2.1-525.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 525.2. IC 32-21-16-6 (Concerning
real estate closings involving agricultural land).
SECTION 12. IC 34-30-2.1-525.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 525.4. IC 32-22-3-4.5(c)
(Concerning agricultural land purchased or leased by a prohibited
person).
SECTION 13. IC 34-30-2.1-525.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 525.5. IC 32-22-3-6.5(c)
(Concerning agricultural land held by a prohibited person).
SECTION 14. IC 34-30-2.1-525.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 525.6. IC 32-22-5-4(c)
(Concerning real property purchased or leased by a prohibited
person near military property).
SECTION 15. IC 34-30-2.1-525.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 525.8. IC 32-22-5-6(c)
(Concerning real property held by a prohibited person near
military property).".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1183 as reprinted February 1, 2024.)
LEISING, Chairperson
Committee Vote: Yeas 8, Nays 0.
EH 1183—LS 6624/DI 137 15
SENATE MOTION
Madam President: I move that Engrossed House Bill 1183 be
amended to read as follows:
Page 1, delete lines 1 through 17, begin a new paragraph and insert:
"SECTION 1. IC 1-1-16-10, AS ADDED BY P.L.118-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 10. (a) After June 30, 2023, a prohibited person
may not purchase, lease, or acquire a parcel of real property that is:
(1) located in Indiana; and
(2) directly adjacent to a military installation.
(b) After June 30, 2024, a prohibited person may not purchase,
lease, or acquire a parcel of real property that is:
(1) located in Indiana; and
(2) located within a ten (10) mile radius of a military
installation.
(b) (c) A purchase, lease, or acquisition of a parcel of real property
in violation of subsection (a) or (b) is subject to divestiture pursuant to
section 11 of this chapter.
(c) (d) No title to real property shall be invalid or subject to
divestiture by reason of the violation of this section by any former
owner or other individual or entity holding or owning a former interest
in the real property.".
Delete page 2.
Page 3, delete lines 1 through 10.
Page 4, between lines 18 and 19, begin a new line blocked left and
insert:
"The term, as used in subdivisions (1) and (2)(A)(i), does not
include an individual who holds dual citizenship with a foreign
adversary (as defined in 15 CFR 7.4) and the United States.".
Page 5, delete lines 29 through 30, begin a new line double block
indented and insert:
"(C) No proceeds shall be distributed from the receivership
sale to the prohibited person. Any excess proceeds are
forfeited and shall be transferred to the state general fund
by the receiver.".
Page 5, delete lines 41 through 42.
Page 6, delete lines 1 through 6.
Page 6, delete lines 18 through 42.
Delete pages 7 through 8.
Page 9, delete lines 1 through 4.
Page 9, delete lines 14 through 23.
EH 1183—LS 6624/DI 137 16
Renumber all SECTIONS consecutively.
(Reference is to EHB 1183 as printed February 28, 2024.)
BUSCH
_____
SENATE MOTION
Madam President: I move that Engrossed House Bill 1183 be
amended to read as follows:
Page 4, between lines 18 and 19, begin a new line blocked left and
insert:
"The term, as used in subdivisions (1) and (2)(A)(i), does not
include an individual who holds dual citizenship with a foreign
adversary (as defined in 15 CFR 7.4) and the United States or an
individual who is a lawful permanent resident of the United
States.".
(Reference is to EHB 1183 as printed February 28, 2024.)
BROWN L
EH 1183—LS 6624/DI 137