Indiana 2024 2024 Regular Session

Indiana House Bill HB1355 Introduced / Fiscal Note

Filed 01/10/2024

                    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 7019	NOTE PREPARED: Jan 5, 2024
BILL NUMBER: HB 1355	BILL AMENDED: 
SUBJECT: Child Sexually Abusive Materials.
FIRST AUTHOR: Rep. Morris	BILL STATUS: As Introduced
FIRST SPONSOR: 
FUNDS AFFECTED:XGENERAL	IMPACT: State
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. It authorizes the Attorney General to assess a civil penalty of $1 M on a corporation with a market
capitalization of at least $100 B for each instance in which the corporation knowingly makes
available child sexually abusive material, and establishes a procedure for the investigation of a
complaint relating to child sexually abusive material. 
B. It establishes the Child Sexually Abusive Material Facilitation Prevention Fund. It specifies that
money in the fund shall be used to: (1) fund the Internet Crimes Against Children Fund; and (2)
offset forgone tax remittances. 
C. It makes an appropriation.
Effective Date:  July 1, 2023.
Explanation of State Expenditures: Any additional expenditures from the Office of the Attorney General
will be at the discretion of the Attorney General and staff.  
The Office of the Attorney General would be permitted to take the following actions: 
1. Issue and serve subpoenas to produce records for the Attorney General to inspect.
2. Issue and serve subpoenas for the appearance of certain persons to provide testimony under oath.
3. Apply to a court with jurisdiction to enforce a subpoena.
HB 1355	1 Explanation of State Revenues: The Child Sexually Abusive Material Facilitation Prevention Fund is
established for the purpose of receiving, holding, and disbursing funds from civil penalties assessed under
this chapter. Any revenue that is generated from these civil penalties would be deposited into this Prevention
Fund in the following manner:
1. The first $100 M deposited in the Fund is transferred to the Internet Crimes Against Children Fund
to be used to fund the investigation of a corporation. [The Internet Crimes Against Children Fund
was appropriated $1 M over the FY 2024-FY 2025 biennium and is administered by the Indiana
State Police.] 
2. Any excess of the $100 M deposited in the Fund that is not allocated to the Internet Crimes Against
Children Fund would be transferred to the state General Fund.
Explanation of Local Expenditures: 
Explanation of Local Revenues: 
State Agencies Affected: Office of the Attorney General.
Local Agencies Affected: 
Information Sources: 
Fiscal Analyst: Mark Goodpaster,  317-232-9852.
HB 1355	2