First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1103
AN ACT to amend the Indiana Code concerning economic
development.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 4-1-14.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 14.5. Offices in Foreign Countries
Sec. 1. A state agency (as defined in IC 4-13-1-1(b)) may not
establish an office in a foreign country described in 15 CFR 791.4.
SECTION 2. IC 5-28-6-2, AS AMENDED BY P.L.197-2021,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) The corporation shall develop and
promote programs designed to make the best use of Indiana resources
to ensure a balanced economy and continuing economic growth for
Indiana, and, for those purposes, may do the following:
(1) Cooperate with federal, state, and local governments and
agencies in the coordination of programs to make the best use of
Indiana resources, based on a statewide study to determine
specific economic sectors that should be emphasized by the state
and by local economic development organizations within
geographic regions in Indiana, and encourage collaboration with
local economic development organizations within geographic
regions in Indiana and with the various state economic
development organizations within the states contiguous to
HEA 1103 2
Indiana.
(2) Receive and expend funds, grants, gifts, and contributions of
money, property, labor, interest accrued from loans made by the
corporation, and other things of value from public and private
sources, including grants from agencies and instrumentalities of
the state and the federal government. The corporation:
(A) may accept federal grants for providing planning
assistance, making grants, or providing other services or
functions necessary to political subdivisions, planning
commissions, or other public or private organizations;
(B) shall administer these grants in accordance with the terms
of the grants; and
(C) may contract with political subdivisions, planning
commissions, or other public or private organizations to carry
out the purposes for which the grants were made.
(3) Direct that assistance, information, and advice regarding the
duties and functions of the corporation be given to the corporation
by an officer, agent, or employee of the executive branch of the
state. The head of any other state department or agency may
assign one (1) or more of the department's or agency's employees
to the corporation on a temporary basis or may direct a division
or an agency under the department's or agency's supervision and
control to make a special study or survey requested by the
corporation.
(b) The corporation shall perform the following duties:
(1) Develop and implement industrial development programs to
encourage expansion of existing industrial, commercial, and
business facilities in Indiana and to encourage new industrial,
commercial, and business locations in Indiana.
(2) Assist businesses and industries in acquiring, improving, and
developing overseas markets and encourage international plant
locations in Indiana. The corporation, with the approval of the
governor, may establish foreign offices to assist in this function.
However, the corporation may not establish, and the governor
may not approve the establishment of, a foreign office in a
foreign country described in 15 CFR 791.4.
(3) Promote the growth of minority business enterprises by doing
the following:
(A) Mobilizing and coordinating the activities, resources, and
efforts of governmental and private agencies, businesses, trade
associations, institutions, and individuals.
(B) Assisting minority businesses in obtaining governmental
HEA 1103 3
or commercial financing for expansion or establishment of
new businesses or individual development projects.
(C) Aiding minority businesses in procuring contracts from
governmental or private sources, or both.
(D) Providing technical, managerial, and counseling assistance
to minority business enterprises.
(4) Assist the office of the lieutenant governor in:
(A) community economic development planning;
(B) implementation of programs designed to further
community economic development; and
(C) the development and promotion of Indiana's tourist
resources.
(5) Assist the secretary of agriculture and rural development in
promoting and marketing of Indiana's agricultural products and
provide assistance to the director of the Indiana state department
of agriculture.
(6) With the approval of the governor, implement federal
programs delegated to the state to carry out the purposes of this
article.
(7) Promote the growth of small businesses by doing the
following:
(A) Assisting small businesses in obtaining and preparing the
permits required to conduct business in Indiana.
(B) Serving as a liaison between small businesses and state
agencies.
(C) Providing information concerning business assistance
programs available through government agencies and private
sources.
(8) Establish a transparency portal on its current Internet site on
the world wide web. website. The page must provide the
following:
(A) By program, cumulative information on the total amount
of incentives awarded, the total number of companies that
received the incentives and were assisted in a year, and the
names and addresses of those companies.
(B) A mechanism on the page whereby the public may request
further information online about specific programs or
incentives awarded.
(C) A mechanism for the public to receive an electronic
response.
(D) Access to the following:
(i) Any information or report that is required by statute to be
HEA 1103 4
included in the economic incentives and compliance report
submitted under IC 5-28-28.
(ii) Final offer of public financial resources to which the
corporation is a party.
(iii) Reports that the corporation submitted to the general
assembly.
(c) The corporation may do the following:
(1) Disseminate information concerning the industrial,
commercial, governmental, educational, cultural, recreational,
agricultural, and other advantages of Indiana.
(2) Plan, direct, and conduct research activities.
(3) Assist in community economic development planning and the
implementation of programs designed to further community
economic development.
SECTION 3. IC 21-30-7-4, AS ADDED BY P.L.142-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. As used in this chapter, "foreign adversary"
includes the following:
(1) A foreign government listed in 15 CFR 7.4. 15 CFR 791.4.
(2) A country designated as a threat to critical infrastructure by
the governor under IC 1-1-16-8.
SECTION 4. IC 21-36-1-1.3, AS ADDED BY P.L.142-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.3. "Foreign adversary" includes the
following:
(1) A foreign government listed in 15 CFR 7.4. 15 CFR 791.4.
(2) A country designated as a threat to critical infrastructure by
the governor under IC 1-1-16-8.
SECTION 5. IC 24-12-11-1, AS ADDED BY P.L.140-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. The following definitions apply throughout
this chapter:
(1) "Commercial litigation financier" means a person that enters
into, or offers to enter into, a commercial litigation financing
agreement with a plaintiff in a civil proceeding. The term does not
include a nonprofit organization.
(2) "Commercial litigation financing agreement" means a
nonrecourse agreement that a commercial litigation financier
enters into, or offers to enter into, to provide funding to support
a plaintiff or the plaintiff's attorney in prosecuting the civil
proceeding, if the repayment of the funded amount is:
(A) required only if the plaintiff prevails in the civil
HEA 1103 5
proceeding; and
(B) sourced entirely from the proceeds of the civil proceeding,
whether the proceeds result from a judgment, a settlement, or
some other resolution.
The term does not include a civil proceeding advance payment
transaction, an agreement between an attorney and a client for the
attorney to provide legal services on a contingency fee basis or to
advance the client's legal costs, a health insurance plan or
agreement, a repayment agreement of a financial institution if
repayment is not contingent upon the outcome of the civil
proceeding, a funding agreement to a nonprofit organization that
represents a client on a pro bono basis, or an agreement of an
assigned claim to prosecute an environmental contamination
matter.
(3) "Foreign country of concern" includes the following:
(A) A foreign government listed in 15 CFR 7.4. 15 CFR
791.4.
(B) A country designated as a threat to critical infrastructure
by the governor under IC 1-1-16-8.
(4) "Foreign entity of concern" means a partnership, association,
corporation, organization, or other combination of persons:
(A) organized or incorporated in a foreign country of concern;
(B) owned or controlled by the government, a political
subdivision, or a political party of a foreign country of
concern;
(C) that has a principal place of business in a foreign country
of concern; or
(D) that is owned, organized, or controlled by or affiliated with
a foreign organization that has been:
(i) placed on the federal Office of Foreign Assets Control
specially designated nationals and blocked persons list
("SDN List"); or
(ii) designated by the United States Secretary of State as a
foreign terrorist organization.
(5) "Foreign person" means:
(A) an individual who is not a citizen of the United States or
an alien lawfully admitted for permanent residence in the
United States;
(B) an unincorporated association, of which a majority of
members are not citizens of the United States or aliens
lawfully admitted for permanent residence in the United
States;
HEA 1103 6
(C) a corporation that is not incorporated in the United States;
(D) the government, a political subdivision, or a political party
of a country other than the United States;
(E) an entity that is organized under the laws of a country other
than the United States;
(F) an entity that has a principal place of business in a country
other than the United States and that has shares or other
ownership interest held by the government or a government
official of a country other than that of the United States; and
(G) an employee, official, or member of any entity described
in clauses (B) through (F).
SECTION 6. IC 32-22-3-3.5, AS ADDED BY P.L.168-2024,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: 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); 15 CFR 791.4); 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); 15 CFR 791.4); 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); 15 CFR 791.4); or
(B) headquartered in a foreign adversary (as defined in 15
CFR 7.4). 15 CFR 791.4).
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) 15 CFR 791.4) and the United States or an
individual who is a lawful permanent resident of the United States.
SECTION 7. IC 36-1-32-1, AS ADDED BY P.L.136-2024,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. As used in this chapter, "prohibited person"
means a city, town, province, county, school, college, or university
located in a foreign adversary (as defined in 15 CFR 7.4). 15 CFR
791.4).
SECTION 8. An emergency is declared for this act.
HEA 1103 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1103