*ES0318.1* March 31, 2025 ENGROSSED SENATE BILL No. 318 _____ DIGEST OF SB 318 (Updated March 31, 2025 11:18 am - DI 151) Citations Affected: IC 24-4. Synopsis: Required disclosures and access of foreign media. Requires certain media entities operating in Indiana to disclose: (1) foreign ownership; (2) foreign funding; and (3) the use of foreign sourced or influenced content. Authorizes the secretary of state to impose a civil penalty of not more than $50,000 for a knowing or intentional violation of the disclosure requirements. Provides that the secretary of state shall publish a list of Indiana media entities that have complied with certain requirements. Requires certain media entities to obtain special accreditation from the department of administration to attend state media events, and allows the department of administration to revoke the special accreditation under certain circumstances. Effective: July 1, 2025. Baldwin, Buchanan, Garten, Busch, Deery, Byrne (HOUSE SPONSOR — VANNATTER) January 13, 2025, read first time and referred to Committee on Commerce and Technology. January 27, 2025, amended, reported favorably — Do Pass. January 30, 2025, read second time, ordered engrossed. Engrossed. February 3, 2025, read third time, passed. Yeas 49, nays 0. HOUSE ACTION March 3, 2025, read first time and referred to Committee on Judiciary. March 31, 2025, amended, reported — Do Pass. ES 318—LS 7386/DI 106 March 31, 2025 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. ENGROSSED SENATE BILL No. 318 A BILL FOR AN ACT to amend the Indiana Code concerning trade regulation. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 24-4-25.5 IS ADDED TO THE INDIANA CODE 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2025]: 4 Chapter 25.5. Foreign Media Ownership 5 Sec. 1. As used in this chapter, "foreign entity" means: 6 (1) a foreign government; 7 (2) one (1) or more individuals who are not United States 8 citizens or permanent residents; 9 (3) an organization that: 10 (A) is an instrumentality of; or 11 (B) is controlled by; 12 a foreign government; or 13 (4) an organization with regard to which five percent (5%) or 14 more of the: 15 (A) fair market value; 16 (B) market capitalization; or 17 (C) total voting rights; ES 318—LS 7386/DI 106 2 1 are owned by a foreign government, by an individual 2 described in subdivision (2), by an organization described in 3 subdivision (3), or by any other entity organized under the 4 laws of a foreign government. 5 Sec. 2. As used in this chapter, "foreign government" means the 6 government, or an agent or a political subdivision of the 7 government, of a country, nation, or group of nations other than: 8 (1) the United States; or 9 (2) a state, territory, or protectorate of the United States. 10 Sec. 3. As used in this chapter, "foreign ownership" means an 11 ownership interest (including voting rights) in an Indiana media 12 entity that is held or controlled by a foreign entity. However, the 13 term does not include an ownership interest derived solely from 14 holding publicly traded securities of a media entity. 15 Sec. 4. As used in this chapter, "funding" means: 16 (1) income; or 17 (2) a monetary or in-kind contribution or donation. 18 Sec. 5. As used in this chapter, "Indiana media entity" means a 19 media entity that: 20 (1) has a physical presence in Indiana; or 21 (2) receives income from one (1) or more subscribers located 22 in Indiana. 23 Sec. 6. As used in this chapter, "media entity" means one (1) or 24 more of the following: 25 (1) A newspaper of general circulation in Indiana. 26 (2) A broadcaster serving Indiana. 27 (3) A website that provides news, commentary, or discussion 28 concerning political matters to Indiana residents. 29 (4) Any other source of news or information that provides 30 news, commentary, or discussion concerning political matters 31 to Indiana residents. 32 Sec. 7. (a) Before December 31, 2025, and before December 31 33 of each year thereafter, an Indiana media entity with foreign 34 ownership that is equal to or greater than five percent (5%) of the: 35 (1) fair market value; 36 (2) market capitalization; or 37 (3) total voting rights; 38 of the Indiana media entity must file a report with the secretary of 39 state disclosing the foreign ownership. 40 (b) An Indiana media entity required to make a report under 41 subsection (a) shall include in the report: 42 (1) the percentage of foreign ownership; ES 318—LS 7386/DI 106 3 1 (2) the name of each foreign owner; 2 (3) the country of origin of each foreign owner; and 3 (4) any other relevant information required by the secretary 4 of state. 5 The Indiana media entity shall publish the most recent copy of the 6 report on the entity's website not later than seven (7) days after the 7 report is filed with the secretary of state. 8 Sec. 8. (a) Before December 31, 2025, and before December 31 9 of each year thereafter, an Indiana media entity that has received 10 at least ten thousand dollars ($10,000) in funding, in aggregate, 11 from one (1) or more foreign entities must file a report with the 12 secretary of state disclosing the funding. 13 (b) An Indiana media entity required to make a report under 14 subsection (a) shall include in the report: 15 (1) the total amount of the funding; 16 (2) the name of each foreign entity that provided funding and 17 the amount of funding provided; 18 (3) the country of origin of each foreign entity; 19 (4) the purpose of the funding and how the funding was used; 20 and 21 (5) any other relevant information required by the secretary 22 of state. 23 The Indiana media entity shall publish the most recent copy of the 24 report on the entity's website not later than seven (7) days after the 25 report is filed with the secretary of state. 26 Sec. 9. An Indiana media entity required to make a report under 27 sections 7 and 8 of this chapter may file one (1) report that includes 28 all of the information required under sections 7 and 8 of this 29 chapter. 30 Sec. 10. An Indiana media entity that publishes or broadcasts 31 content: 32 (1) sourced from; or 33 (2) influenced by; 34 a foreign entity must include the name of the foreign entity in the 35 publication or broadcast. 36 Sec. 11. (a) The secretary of state shall conduct regular audits 37 to ensure that an Indiana media entity complies with the 38 requirements of this chapter. 39 (b) The secretary of state shall publish a list of Indiana media 40 entities that have complied with the requirements of this chapter 41 on the secretary of state's website. 42 (c) The secretary of state may impose a civil penalty of not more ES 318—LS 7386/DI 106 4 1 than fifty thousand dollars ($50,000) on an Indiana media entity 2 that knowingly or intentionally fails to comply with the disclosure 3 and reporting requirements of this chapter. 4 Sec. 12. (a) This section applies to an Indiana media entity that: 5 (1) is required to make a report under section 7 or 8 of this 6 chapter; or 7 (2) has been sanctioned by the secretary of state under section 8 11 of this chapter. 9 (b) A person to which this section applies must obtain special 10 accreditation from the Indiana department of administration to 11 attend a state government media event. 12 (c) The Indiana department of administration shall establish 13 criteria for granting special accreditation under subsection (b). In 14 determining whether to grant special accreditation, the department 15 shall consider whether an Indiana media entity is included on the 16 secretary of state's published list described in section 11(b) of this 17 chapter. 18 (d) The Indiana department of administration may revoke 19 special accreditation if a person to which this section applies has: 20 (1) failed to comply with the requirements of this chapter; or 21 (2) been removed from the secretary of state's published list 22 of compliant media entities. ES 318—LS 7386/DI 106 5 COMMITTEE REPORT Mr. President: The Senate Committee on Commerce and Technology, to which was referred Senate Bill No. 318, 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, delete lines 6 through 15, begin a new line block indented and insert: "(1) a foreign government; (2) one (1) or more individuals who are not United States citizens or permanent residents; (3) an organization that: (A) is an instrumentality of; or (B) is controlled by; a foreign government; or (4) an organization with regard to which five percent (5%) or more of the: (A) fair market value; (B) market capitalization; or (C) total voting rights; are owned by a foreign government, by an individual described in subdivision (2), by an organization described in subdivision (3), or by any other entity organized under the laws of a foreign government. Sec. 2. As used in this chapter, "foreign government" means the government, or an agent or a political subdivision of the government, of a country, nation, or group of nations other than: (1) the United States; or (2) a state, territory, or protectorate of the United States.". Page 1, line 16, delete "2." and insert "3.". Page 2, line 4, delete "3." and insert "4.". Page 2, line 7, delete "4." and insert "5.". Page 2, line 12, delete "5." and insert "6.". Page 2, line 21, delete "6." and insert "7.". Page 2, line 39, delete "7." and insert "8.". Page 3, line 15, delete "8." and insert "9.". Page 3, line 16, delete "6 and 7" and insert "7 and 8". Page 3, line 17, delete "6 and 7" and insert "7 and 8". Page 3, line 19, delete "9." and insert "10.". Page 3, line 25, delete "10." and insert "11.". Page 3, line 32, delete "11." and insert "12.". ES 318—LS 7386/DI 106 6 Page 3, line 33, delete "6 or 7" and insert "7 or 8". Page 3, line 36, delete "10" and insert "11". and when so amended that said bill do pass. (Reference is to SB 318 as introduced.) BUCHANAN, Chairperson Committee Vote: Yeas 11, Nays 0. _____ COMMITTEE REPORT Mr. Speaker: Your Committee on Judiciary, to which was referred Senate Bill 318, 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 3, between lines 38 and 39, begin a new paragraph and insert: "(b) The secretary of state shall publish a list of Indiana media entities that have complied with the requirements of this chapter on the secretary of state's website.". Page 3, line 39, delete "(b)" and insert "(c)". Page 4, delete lines 12 through 15, begin a new line blocked left and insert: "shall consider whether an Indiana media entity is included on the secretary of state's published list described in section 11(b) of this chapter.". Page 4, line 17, delete "has" and insert "has:". Page 4, delete line 18, begin a new line block indented and insert: "(1) failed to comply with the requirements of this chapter; or (2) been removed from the secretary of state's published list of compliant media entities.". and when so amended that said bill do pass. (Reference is to SB 318 as printed January 28, 2025.) JETER Committee Vote: yeas 11, nays 0. ES 318—LS 7386/DI 106