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 6619 NOTE PREPARED: Dec 22, 2023 BILL NUMBER: HB 1283 BILL AMENDED: SUBJECT: Use of Altered Media in Elections. FIRST AUTHOR: Rep. Johnson BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED FEDERAL Summary of Legislation: Fabricated Media– The bill defines "fabricated media" as recorded audio, a recorded image, or recorded video of an individual's speech, appearance, or conduct: (1) that has been altered without the individual's consent such that: (A) the media conveys a materially inaccurate depiction of the individual's speech, appearance, or conduct; and (B) a reasonable person would be unable to recognize that the recording has been altered; or (2) in which an artificially generated audio or visual imitation of an individual that: (A) has been created without the individual's consent; and (B) is sufficiently lifelike that a reasonable person would be unable to distinguish the speech or appearance of the imitation from the speech or appearance of the individual; is used to convey a fictional depiction of the individual's speech, appearance, or conduct; the creation of which is substantially dependent on the use of a generative adversarial network or another generative artificial intelligence technology. Prohibition– The bill prohibits a person who finances a campaign communication from disseminating fabricated media through the communication if: (1) the person knows, or reasonably should know, that the media is fabricated media; (2) the fabricated media depicts an individual who: (A) is a candidate in an election occurring not more than 90 days after the date on which the fabricated media is disseminated; and (B) has not consented to dissemination of the fabricated media; (3) the purpose of the dissemination is injuring a candidate in the election or influencing the outcome of the election; and (4) the fabricated media does not include a disclaimer that meets specified requirements. Civil Action– It allows a candidate depicted in fabricated media disseminated by a person in violation of this prohibition to bring a civil action against the person and specifies the relief that a court may grant a prevailing plaintiff. HB 1283 1 Effective Date: July 1, 2024. Explanation of State Expenditures: Civil Action– 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. Explanation of Local Expenditures: Civil Action– Courts of jurisdiction may see an increase in caseloads as a result of this provision. It is likely the courts would be able to take on the additional caseload within existing staff and resource levels. Explanation of Local Revenues: Civil Action– 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: Local Agencies Affected: Trial courts, city and town courts. Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual Fiscal Analyst: Chris Baker, 317-232-9851. HB 1283 2