Indiana 2024 2024 Regular Session

Indiana House Bill HB1183 Introduced / Fiscal Note

Filed 02/27/2024

                    LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6624	NOTE PREPARED: Feb 27, 2024
BILL NUMBER: HB 1183	BILL AMENDED: Feb 27, 2024
SUBJECT: Foreign Ownership of Land. 
FIRST AUTHOR: Rep. Culp	BILL STATUS: CR Adopted - 2
nd
 House
FIRST SPONSOR: Sen. Leising
FUNDS AFFECTED:XGENERAL	IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: (Amended) This bill provides that, beginning July 1, 2024, a real estate closing
including agricultural land must include an affidavit in which the purchaser affirms that the purchaser is not
prohibited from acquiring or leasing agricultural land. It 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. It also provides that, beginning July 1, 2024, a prohibited person may not acquire
an interest in land located within a certain radius of military property. 
The bill requires the Office of the Attorney General to investigate an acquisition or lease of land if the Office
of the Attorney General believes the acquisition or lease is in violation of law. It also provides certain
enforcement powers to the Office of the Attorney General for a transfer of land in violation of the law.
Effective Date:  July 1, 2024.
Explanation of State Expenditures: (Revised) Office of the Attorney General: This bill could increase the
administrative workload for the Office of the Attorney General to the extent the office would need to
investigate an acquisition or lease of certain property by a prohibited person in violation of the bill’s
provisions. 
Increases in administrative workload for the Office of the Attorney General may also be attributable to the
implementation of a process and electronic registry for prohibited persons that directly or indirectly owns
an interest in real property located in the specified proximity to a military installation or a Indiana Nation
Guard armory or maintenance facility. The potential of the office commencing a receivership proceeding for
any real property under investigation could also increase agency workload.
HB 1183	1 Explanation of State Revenues: (Revised) Court Fees: If additional civil cases occur and court fees are
collected, revenue to the state General Fund will increase. The total revenue per case would range between
$100 and $122. The amount deposited will vary depending on whether the case is filed in a court of record
or a municipal court. The following linked document describes the fees and distribution of the revenue: Court
fees imposed in civil, probate, and small claims cases.   
Additionally, the bill's provision could result in an increase in revenues from civil penalties assessed against
prohibited persons by the court.  The court may assess a penalty in an amount not to exceed the greater of
$100,000 or $5,000 per acre of real property subject to the receivership proceeding. Any civil penalty
collected under this bill’s provision must be transferred to the state General Fund. The increases in civil
penalty revenues are indeterminable and would be contingent upon the number of property receivership cases
processed and the decision of the individual courts to assess the penalties.
Explanation of Local Expenditures: (Revised) City and Town Courts: This bill could increase the
administrative workload for local courts to the extent the courts would need to process additional cases.
Explanation of Local Revenues: Court Fee Revenue: If additional cases occur, revenue will be collected
by certain local units. If the case is filed in a court of record, the county will receive $32 and qualifying
municipalities will receive a share of $3. If the case is filed in a municipal court, the county receives $20,
and the municipality will receive $37. The following linked document describes the fees and distribution of
the revenue: Court fees imposed in civil, probate, and small claims cases.  
State Agencies Affected: Office of the Attorney General. 
Local Agencies Affected: Trial courts, city, and town courts.  
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual.  
Fiscal Analyst: James Johnson, 317-232-9869.
HB 1183	2