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Indiana General Assembly· HB 1103Public Law 116

Foreign trade offices., the official text

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First Regular Session of the 124th General Assembly (2025)

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  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

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      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

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         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

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            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

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         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;

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         (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.

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Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date:                             Time:

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