SB 388 — Foreign gifts and ownership of agricultural land.
Last action — Public Law 156
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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14 sponsors
4 primary, 10 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (10 R · 2 D) — cross-party backing.
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Cleared a recorded vote
Passed 1 recorded vote so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Requires a postsecondary educational institution (institution) to submit a disclosure report to the Indiana commissioner for higher education (commissioner) of gifts from a foreign source that meet the reporting threshold established by a federal law regarding disclosures of foreign gifts. Provides that the institution shall submit the disclosure report to the commissioner with the same information required to be reported in the disclosure report described in the federal law and at the same time the institution files the disclosure report under the federal law. Provides that certain information for each institution shall be posted on the commission for higher education's (commission) Internet web site. Provides that whenever it appears that an institution has failed to comply with gift disclosure requirements, a civil action may be brought by the attorney general or at the request of: (1) a member of the general assembly; (2) the governor; (3) a member of the commission; (4) a member of the state board of education; or (5) an Indiana taxpayer; to compel compliance with the gift disclosure requirements. Provides that beginning July 1, 2022, a foreign business entity may not acquire agricultural land located within Indiana for the purposes of crop farming or timber production. Specifies exceptions. Prohibits a foreign business entity that owns agricultural land located within Indiana from transferring the agricultural land to another foreign business entity after June 30, 2022, for the purposes of crop farming or timber production. Requires a foreign business entity to report the acquisition, sale, or transfer of agricultural land for the purposes of crop farming or timber production located within Indiana to the secretary of state and the attorney general. Provides that agricultural land acquired, sold, or transferred in violation of law is subject to forfeiture to the state. Adds a provision to prohibit business entities: (1) organized under the laws of the Russian Federation; or (2) wholly controlled by a citizen or citizens of the Russian Federation who are not legal residents of the United States; from holding and conveying real property located within Indiana.
Bill Text
We don't have the full text on file for this bill yet.
Read SB 388 on the official Indiana source →Action History
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Public Law 156
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Signed by the Governor
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Signed by the President of the Senate
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Signed by the Speaker
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Signed by the President Pro Tempore
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Senator Randolph added as coauthor
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Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 363: yeas 49, nays 1
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Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 378: yeas 96, nays 0
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CCR # 1 filed in the House
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CCR # 1 filed in the Senate
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Senate advisors appointed: Tomes, Breaux and Rogers
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Senate conferees appointed: Messmer and Lanane
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House advisors appointed: Teshka, Prescott, Manning, DeLaney and Moed
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House conferees appointed: Lindauer and Dvorak
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Senate dissented from House amendments
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Motion to dissent filed
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Concurrence withdrawn
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Motion to concur filed
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Returned to the Senate with amendments
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Third reading: passed; Roll Call 298: yeas 96, nays 0
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Appeal the ruling of the chair (Dvorak); ruling of the chair sustained. Roll Call 284: yeas 65, nays 26
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Second reading: amended, ordered engrossed
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Amendment #5 (Dvorak) prevailed; voice vote
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Amendment #4 (Dvorak) ruled out of order
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Amendment #3 (DeLaney) prevailed; voice vote
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Amendment #11 (Prescott) prevailed; Roll Call 283: yeas 59, nays 28
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Amendment #12 (Prescott) prevailed; voice vote
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Amendment #14 (Lindauer) prevailed; Roll Call 282: yeas 62, nays 27
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Amendment #13 (Lindauer) prevailed; voice vote
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Representatives Prescott, Hostettler, Moed added as cosponsors
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Representative Moed removed as cosponsor
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Committee report: amend do pass, adopted
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Referred to Committee on Education pursuant to House Rule 84
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Committee report: amend do pass, adopted
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Representative Moed added as cosponsor
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First reading: referred to Committee on Agriculture and Rural Development
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Referred to the House
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Senator Kruse added as coauthor
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Senators Doriot and Garten added as coauthors
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House sponsor: Representative Lindauer
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Third reading: passed; Roll Call 130: yeas 47, nays 2
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Senators Koch and Alting added as coauthors
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Senator Leising added as third author
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Second reading: amended, ordered engrossed
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Amendment #1 (Messmer) prevailed; voice vote
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Senator Raatz added as coauthor
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Senator Tomes added as second author
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Committee report: do pass, adopted
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First reading: referred to Committee on Agriculture
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Authored by Senator Messmer
Sponsors
- Mark Messmer · Primary
- James Tomes · Primary
- Jean Leising · Primary
- Jeff Raatz · Cosponsor
- Eric Koch · Cosponsor
- Ron Alting · Cosponsor
- Blake Doriot · Cosponsor
- Chris Garten · Cosponsor
- Dennis Kruse · Cosponsor
- Lonnie Randolph · Cosponsor
- Shane Lindauer · Primary
- J.D. Prescott · Cosponsor
- Matt Hostettler · Cosponsor
- Justin Moed · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →4 sponsors · 10 co-sponsors · 136 not signed on
Sponsors (4)
- Mark Messmer
- James Tomes Republican
- Jean Leising Republican
- Shane Lindauer Republican
Co-sponsors (10)
- Jeff Raatz Republican
- Eric Koch Republican
- Ron Alting Republican
- Blake Doriot Republican
- Chris Garten Republican
- Dennis Kruse
- Lonnie Randolph Democrat Voted No
- J.D. Prescott Republican
- Matt Hostettler Republican
- Justin Moed Democrat
Not signed on (136)
136 members have not signed on to this bill.
Show all 136 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 27 | 0 | 0 | 0 |
| Unaffiliated | 14 | 1 | 0 | 0 |
| Democrat | 6 | 1 | 0 | 0 |
| Total | 47 | 2 | 0 | 0 |
| % of votes cast | 96% | 4% | 0% | 0% |
How each member voted (49)
| Member | Party | Vote |
|---|---|---|
| Houchin | — | Yea |
| Crane | — | Yea |
| Kruse | — | Yea |
| Lanane | — | Yea |
| Sandlin | — | Yea |
| Boehnlein | — | Yea |
| Melton | — | Yea |
| Messmer | — | Yea |
| Breaux | — | Yea |
| Brown | — | Yea |
| Young | — | Yea |
| Perfect | — | Yea |
| Zay | — | Yea |
| Boots | — | Nay |
| Ford Jon | — | Yea |
| David Niezgodski | Democrat | Yea |
| Fady Qaddoura | Democrat | Yea |
| Greg Taylor | Democrat | Yea |
| J.D. Ford | Democrat | Yea |
| Lonnie Randolph | Democrat | Nay |
| Rodney Pol | Democrat | Yea |
| Shelli Yoder | Democrat | Yea |
| Aaron Freeman | Republican | Yea |
| Blake Doriot | Republican | Yea |
| Brian Buchanan | Republican | Yea |
| Chris Garten | Republican | Yea |
| Ed Charbonneau | Republican | Yea |
| Eric Bassler | Republican | Yea |
| Eric Koch | Republican | Yea |
| Greg Walker | Republican | Yea |
| James Buck | Republican | Yea |
| James Tomes | Republican | Yea |
| Jean Leising | Republican | Yea |
| Jeff Raatz | Republican | Yea |
| Justin Busch | Republican | Yea |
| Kyle Walker | Republican | Yea |
| Linda Rogers | Republican | Yea |
| Michael Crider | Republican | Yea |
| Mike Bohacek | Republican | Yea |
| Mike Gaskill | Republican | Yea |
| Rick Niemeyer | Republican | Yea |
| Rodric Bray | Republican | Yea |
| Ron Alting | Republican | Yea |
| Ryan Mishler | Republican | Yea |
| Scott Baldwin | Republican | Yea |
| Stacey Donato | Republican | Yea |
| Susan Glick | Republican | Yea |
| Travis Holdman | Republican | Yea |
| Vaneta Becker | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 388 do?
- Requires a postsecondary educational institution (institution) to submit a disclosure report to the Indiana commissioner for higher education (commissioner) of gifts from a foreign source that meet the reporting threshold established by a federal law regarding disclosures of foreign gifts. Provides that the institution shall submit the disclosure report to the commissioner with the same information required to be reported in the disclosure report described in the federal law and at the same time the institution files the disclosure report under the federal law. Provides that certain information for each institution shall be posted on the commission for higher education's (commission) Internet web site. Provides that whenever it appears that an institution has failed to comply with gift disclosure requirements, a civil action may be brought by the attorney general or at the request of: (1) a member of the general assembly; (2) the governor; (3) a member of the commission; (4) a member of the state board of education; or (5) an Indiana taxpayer; to compel compliance with the gift disclosure requirements. Provides that beginning July 1, 2022, a foreign business entity may not acquire agricultural land located within Indiana for the purposes of crop farming or timber production. Specifies exceptions. Prohibits a foreign business entity that owns agricultural land located within Indiana from transferring the agricultural land to another foreign business entity after June 30, 2022, for the purposes of crop farming or timber production. Requires a foreign business entity to report the acquisition, sale, or transfer of agricultural land for the purposes of crop farming or timber production located within Indiana to the secretary of state and the attorney general. Provides that agricultural land acquired, sold, or transferred in violation of law is subject to forfeiture to the state. Adds a provision to prohibit business entities: (1) organized under the laws of the Russian Federation; or (2) wholly controlled by a citizen or citizens of the Russian Federation who are not legal residents of the United States; from holding and conveying real property located within Indiana.
- Who sponsors SB 388?
- SB 388 is sponsored by Mark Messmer, James Tomes (Republican), Jean Leising (Republican), Jeff Raatz (Republican), Eric Koch (Republican), Ron Alting (Republican), Blake Doriot (Republican), Chris Garten (Republican), Dennis Kruse, Lonnie Randolph (Democrat), Shane Lindauer (Republican), J.D. Prescott (Republican), Matt Hostettler (Republican), and Justin Moed (Democrat).
- What is the current status of SB 388?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track SB 388?
- Track SB 388 free on One Click Politics — get push/email alerts when it moves.
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