Indiana 2023 Regular Session All Bills

IN

Indiana 2023 Regular Session

Indiana House Bill HB1333

Introduced
1/12/23  
Annexation remonstrance signature requirements. Provides that an annexation is void (except for an annexation of land located within an economic development project site) if a remonstrance petition is signed by: (1) at least 51% (instead of 65%) of the landowners in the annexation area; or (2) the owners of 60% (instead of 80%) in assessed value of land in the annexation area.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1334

Introduced
1/12/23  
Refer
1/12/23  
Report Pass
2/16/23  
Engrossed
2/23/23  
Refer
3/6/23  
Report Pass
3/20/23  
Enrolled
4/4/23  
Passed
5/1/23  
Chaptered
5/1/23  
Absentee voting. Provides that an agency of the state or a political subdivision may not provide an individual with an application for an absentee ballot unless requested by the individual or a member of the individual's family. Provides that an absentee ballot application must request that the applicant include: (1) certain identification numbers; or (2) a photocopy of: (A) the applicant's Indiana driver's license, (B) the applicant's Indiana identification card number for nondrivers, or (C) other specified proof of identification. Provides that the application form must state that an applicant may include only one of the identification numbers or one of the documents, but the application may be delayed if the county election board cannot match at least one of the numbers with the voter's registration record. Allows an individual to provide, for purposes of accessing an absentee ballot application submitted in an electronic format: (1) the individual's Indiana identification card number for nondrivers; or (2) the unique identifying number assigned to the voter's registration record in the computerized list; as an alternative to the options available under current law. (Current law requires the provision of the individual's Indiana driver's license number or the last four digits of the individual's Social Security number.) Specifies that certain information and documentation is confidential. Specifies when a county voter registration office is required to redact particular confidential information. Requires a county election board to implement specified procedures if the county election board cannot match at least one of the numbers with the voter's registration record. Requires the bureau of motor vehicles (BMV) to provide particular information each day to the secretary of state (secretary) and the election division. Requires the secretary and the election division to provide specified information to each county voter registration office. Specifies that if certain information provided by the BMV is not a part of the voter's registration record, the county voter registration office shall update the voter's registration record to include this information. Requires a circuit court clerk or director of a board of elections and registration (clerk) to transmit certain information to an applicant who submits an application to receive an absentee ballot by mail if the application does not fully comply with particular laws. Specifies a process by which a clerk may: (1) deliver a second absentee ballot application; (2) approve a second absentee ballot application; and (3) provide an absentee ballot; to a voter who timely submits a defective application to receive an absentee ballot. Provides that a voter who receives an absentee ballot under certain provisions may return the voted ballot: (1) in person to the absentee voter board; or (2) to the county election board; before the deadline for receipt of absentee ballots. Requires uniform application if a clerk uses this provision. Makes conforming changes.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1335

Introduced
1/17/23  
Refer
1/17/23  
Report Pass
1/26/23  
Engrossed
2/1/23  
Refer
2/27/23  
Report Pass
3/20/23  
Enrolled
3/28/23  
Passed
5/1/23  
Chaptered
5/1/23  
Various election law matters. Modifies the date associated with references in the election code to a federal statute or regulation. Removes and updates obsolete date references from Indiana election law. Specifies additional requirements for a certificate of ascertainment of presidential electors. Modifies the day of the week that presidential electors must assemble to elect the President and Vice President of the United States.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1336

Introduced
1/17/23  
Refer
1/17/23  
Report Pass
2/9/23  
Engrossed
2/15/23  
Refer
2/27/23  
Report Pass
3/20/23  
Enrolled
4/11/23  
Passed
5/4/23  
Chaptered
5/4/23  
Various election law matters. Adds the U.S. Space Force to the definition of "uniformed services" in election law. Provides that electronic signatures may be used for the reporting of campaign contributions and expenditures. Provides that election form approval procedures do not apply to a form incorporated only into the statewide voter registration system. Makes other technical changes relating to approval of election forms. Provides that a statute prohibiting the use of the circuit court clerk's name on a ballot if the clerk is a candidate for an office on the ballot does not apply if the only office for which the individual is a candidate is a political party office. Requires a candidate to specify on the candidate's candidacy document each designation that the candidate wants to use on the ballot. Requires the election division to design all candidacy documents so that the form of the document enables the candidate to insert in a separate field of the document each of the separate designations that a candidate is permitted to use under election law. Provides that an individual is considered to have resigned as an elected official of a unit when the person becomes an employee of the unit the individual serves as an elected official. Provides that certain mailings required by election law be sent by first class mail with tracking rather than by certified mail. Provides that a statute that permits removal and fining of a precinct election officer who fails to perform duties is applicable to an absentee voter board member and to an absentee ballot counter. Authorizes a county election board to permit individuals who are candidates for certain political party offices and relatives of such individuals to serve as precinct election officers if the county election board finds that enough individuals are not available to serve as precinct election officers. Requires the bureau of motor vehicles commission to forward the voter registration part of an application and any declination to register to the election division for transmittal to the appropriate county voter registration office. Adds law enforcement agencies that receive voter registrations to the list of voter registration agencies that are not subject to certain requirements relating to filing voter registration applications. Provides that the statewide voter registration system must contain a feature that identifies potential nonresidential addresses submitted on voter registration applications. Provides additional procedures for updating a copy of a voter's original signature in the statewide voter registration file. Adds judges of city and town courts to the list of officials that must file a statement of economic interest before filing a candidacy document. Provides that an officeholder is not entitled to salary until a statement of economic interest is filed, if required. Provides that, for purposes of determining whether a candidate is affiliated with a particular major political party, the candidate must have voted in that party's two most recent primary elections. (Under current law, a candidate is required to have voted in the political party's most recent primary election.) Provides that if an election district is included entirely within one precinct, and does not include the entire precinct, the petition of nomination must be signed by at least five voters of the election district. Provides that if a special election to fill a vacancy in the office of United States Representative is held on the same day of the election to elect the individual to serve in the succeeding term, an individual may appear on the ballot as a candidate in both elections. Provides that in such an election for United States Representative, the ballot must list the election to fill the office vacancy immediately after the election for the next term of the office. Requires the chair of a political committee to file a final report for a treasurer if the treasurer has died or is otherwise unable to file the report. Provides that the statute requiring reporting of "large" campaign contributions does not require the reporting of a contribution unless it is accepted by the candidate's candidate committee. Provides language for printing on ballots when no candidate has filed for the office. Eliminates the requirement that counties send duplicate copies of state election returns to the election division. Provides that a county executive is not required to establish precincts so that a precinct contains not more than 2,000 active voters or 2,300 active voters if the precinct is in a county designated as a vote center county. Provides that in addition to precinct boundaries, the name of a precinct as included in the federal decennial census data becomes the official name of the precinct. Requires that a ballot be arranged so that all candidates for the same office appear on the same page or the same screen. Permits the use of an electronic device at a precinct or vote center to display a sample ballot. Provides procedures for ballot layout when a candidate dies or is no longer eligible to appear on the ballot. Requires a circuit court clerk who receives an absentee ballot application from a voter who is not registered to vote in the county to send the application to the circuit court clerk of the county in which the voter is registered. Provides that the designation of a voter as an absent uniformed services voter, an overseas voter, or a voter with print disabilities expires January 1 after such a voter has submitted an absentee ballot application indicating such designation. Provides that, after December 31, 2024, all absentee ballots must be printed on security paper that incorporates features that can be used to authenticate the ballot. Provides that a voter must file residence documentation before 6 p.m. on election day. Provides that only the individuals who are permitted to be in the polls on election day are permitted to be in the room where early absentee voting is occurring. Provides that a county election board may send a signed form from a public test to the election division by electronic mail or fax. Provides that an application fee for certification of a voting system does not apply if the application is for a de minimis change. Authorizes the repurposing of an electronic poll book unit as a device to display sample ballots if the electronic poll book software is deleted from the unit. Requires absentee ballot counters to begin counting absentee ballots beginning at 6:00 a.m. on election day if certain conditions are met. Provides that if there is a discrepancy on political party primary ballot choice between the federal write-in absentee ballot and the federal post card application, the federal post card application supersedes the federal write-in absentee ballot. Provides that if an individual who holds a local office is elected to another term in that office and subsequently dies or is disqualified before the next term is scheduled to begin, a vacancy is created that must be filled as otherwise provided by law. Adjusts the schedule for conducting a post-election audit if a contest or recount has been filed affecting the county. Provides that a notice of death of a local office holder is required to be filed only with the circuit court clerk. (Under current law, notice must also be filed with the prosecuting attorney.) Exempts a member of a fiscal or legislative body from assuming certain duties during a vacancy. Requires a magistrate to deposit a copy of the magistrate's oath in the office of the circuit court clerk of the county in which the magistrate resides or serves. Requires the certification of a question on a referendum to occur not later than noon 74 days before a special election. Provides that a personal representative of a decedent who was a treasurer or candidate for office may disband the committee associated with the decedent's office or campaign. Removes references to "independent tickets" in election law. Makes several other technical changes. Repeals the law concerning the affidavit eligibility of a precinct election officer.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1337

Introduced
1/17/23  
Emergency powers. Provides that in the event of a disaster emergency, an emergency order issued by a state agency must be narrowly tailored to serve a compelling public health or safety interest. Entitles a person to relief if a court determines that the person seeking judicial relief has been prejudiced by an agency action issued during a disaster emergency that has not been: (1) applied equally to a similarly situated person; and (2) narrowly tailored to serve a compelling public health or safety interest. Provides that the orders, rules, and regulations made, amended, or rescinded by the governor must be narrowly tailored to serve a compelling public health or safety interest. Requires any state or local agency, including the Indiana department of health and local boards of health, to only impose a restriction that is narrowly tailored to serve a compelling public health or safety interest. Provides that any order or proclamation declaring, continuing, or terminating a local disaster emergency must be narrowly tailored to serve a compelling public health or safety interest. Provides that, if the disaster which is the basis of the emergency order impacts an area of the state which does not exceed the lesser of: (1) 31 counties; or (2) an area which is inhabited by less than 33 1/3% of the population of the state; the state of emergency expires in 30 days. Provides that the governor may renew the emergency declaration in 30 day increments not to exceed a period of 12 months. Provides that all other emergency declarations expire 30 days after the initial date of the governor's executive order and may not be renewed or extended by the governor without the approval of the general assembly. Removes the governor's ability to suspend certain provisions relating to the general assembly, judicial relief of an agency action during an emergency declaration, or provisions relating to emergency management disasters. Repeals provisions authorizing the general assembly to conduct emergency sessions.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1338

Introduced
1/17/23  
Education matters. Provides that a teacher, administrator, or other employee of a school corporation or charter school shall not promote in any course certain concepts related to race or sex. Provides that a state educational institution may not require a student enrolled at the state educational institution to engage in any form of mandatory gender or sexual diversity training or counseling. Provides that a state educational institution may not require a student of the state educational institution to attend any student orientation or other training or presentation that presents information regarding race or sex stereotyping or bias on the basis of race or sex. Provides that a student shall not be required to participate in a personal analysis, an evaluation, or a survey that is established or administered by: (1) a school corporation; (2) a public school; (3) a state accredited nonpublic school; (4) the department of education (department); or (5) a third party vendor of a school corporation, a school, or the department; without the prior consent of the student if the student is an adult or an emancipated minor or the prior written consent of the student's parent if the student is an unemancipated minor. (Current law provides that a student shall not be required to participate in a personal analysis, an evaluation, or a survey that is not directly related to academic instruction and that reveals or attempts to affect the student's attitudes, habits, traits, opinions, beliefs, or feelings concerning certain matters without the prior consent of the student if the student is an adult or an emancipated minor or the prior written consent of the student's parent if the student is an unemancipated minor.) Establishes certain requirements regarding contracts or agreements with third party vendors to: (1) collect or share information from a student personal analysis, evaluation, or survey; or (2) provide software or software tools that can be used for data collection, analysis, evaluation, or survey of a student.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1339

Introduced
1/17/23  
Collection of veteran status information. Requires the bureau of motor vehicles (bureau), not later than December 31 of each year, to report to the department of veterans' affairs information maintained in the bureau's data base regarding: (1) an individual's status as a veteran or as the surviving spouse of a veteran; and (2) whether the individual has an indication of the status as a surviving spouse of a veteran on the driver's license, permit, or identification card of the individual. Requires the veterans' affairs commission to provide a list to state and local agencies that interact with the public the following information: (1) Services available to veterans. (2) The names, telephone numbers, websites, and addresses of state agencies that offer services to veterans. (3) The names, telephone numbers, websites, and addresses of other public and private entities that offer services to veterans.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1340

Introduced
1/17/23  
Refer
1/17/23  
Report Pass
1/26/23  
Engrossed
2/1/23  
Refer
2/27/23  
Report Pass
3/13/23  
Enrolled
3/24/23  
Passed
4/20/23  
Chaptered
4/20/23  
Department of child services matters. Defines "Indian child" for purposes of family and juvenile law. Provides that certain records relating to foster care children may be maintained in an electronic format. Provides that certain individuals may request a child's Social Security number for income tax purposes. Requires the department of child services (department) to: (1) develop a form an individual may submit to request a child's Social Security number; and (2) approve or deny a request for a child's Social Security number not later than 10 business days after receiving the request. Requires the department to approve an individual's request for a child's Social Security number if: (1) the child lived with the individual in the 18 months preceding the request; and (2) the child lived with the individual for: (A) at least six months in any one calendar year; or (B) more than 1/2 of the days the child lived during a calendar year if the child was born or died in the calendar year; unless the child does not have a Social Security number or the department does not have a record of the child's Social Security number. Provides that certain information, documents, reports, pictures, videos, images, or recordings related to department matters are confidential. Requires that information that is otherwise confidential must be made available to: (1) a tribal representative, agency, or organization authorized by an Indian child's tribe to care for, diagnose, treat, review, evaluate, or monitor active efforts regarding the Indian child, and the Indian child's parent, guardian, or custodian; and (2) the United States Department of State and foreign governments to comply with federal law and treaties. Provides that the department: (1) may; and (2) under specified circumstances, shall; notify a child care worker's employer of a substantiated report of child abuse or neglect made against the child care worker. Makes a technical correction.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1341

Introduced
1/17/23  
Refer
1/17/23  
Report Pass
1/24/23  
Engrossed
1/31/23  
Refer
2/27/23  
Report Pass
3/21/23  
Enrolled
3/28/23  
Passed
4/20/23  
Chaptered
4/20/23  
PFAS-free firefighter gear. Provides that, after June 30, 2024, an Indiana fire department may not purchase firefighting gear unless it contains a permanently affixed label indicating whether or not the firefighting gear contains PFAS.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1342

Introduced
1/17/23  
Refer
1/17/23  
Refer
1/19/23  
Report Pass
2/13/23  
Report Pass
2/21/23  
Engrossed
2/28/23  
Refer
3/6/23  
Refer
3/23/23  
Report Pass
4/6/23  
Enrolled
4/12/23  
Passed
5/4/23  
Chaptered
5/4/23  
Direct support professionals. Requires the division of disability and rehabilitative services (division) to establish and maintain a direct support professional registry and to make the registry available to authorized division personnel and authorized service providers. Requires a direct support professional to register with the division in order to provide direct support services. Requires the division to adopt rules to implement the registry, including establishing definitions and levels for substantiated abuse, neglect, and exploitation, the highest of which is the minimum the division must report to the registry. Requires the division to consult with stakeholders and establish a tiered training certification program for direct support professionals. Requires the division to issue a request for proposals before January 1, 2024, to operate the training program. Requires the division to make every effort to contract with a vendor for the training program not later than January 1, 2025. Requires a selected vendor to begin operating the training program before July 1, 2025. Requires the division to first use any funds available from the federal American Rescue Plan Act in developing the registry before using other available funds. Allows the division to use any federal dollars available for the registry and training. Requires the division to apply to the federal government for approval of Medicaid reimbursement for services provided by a direct support professional.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1343

Introduced
1/17/23  
Refer
1/17/23  
Report Pass
2/16/23  
Engrossed
2/22/23  
Refer
3/6/23  
Report Pass
4/6/23  
Enrolled
4/12/23  
Passed
5/1/23  
Chaptered
5/1/23  
Occupational regulations. Provides that all occupational regulations must be limited to those demonstrably necessary and carefully tailored to fulfill legitimate public health, safety, or welfare objectives. Requires each public agency to conduct a review of all occupational regulations within the public agency's jurisdiction not later than July 1, 2025. Provides that a public agency shall take certain actions to modify or repeal an occupational regulation that does not conform to these standards. Provides that after July 1, 2025, a person who engages in an occupation or profession to which an occupational regulation applies may file a petition for repeal or modification of the occupational regulation with the public agency having jurisdiction over enforcement of the occupational regulation.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1344

Introduced
1/17/23  
Right to start act. Establishes a "right to start act". Requires the department of administration, the department of workforce development, and the Indiana economic development corporation to annually file reports with the general assembly. Requires the state to encourage 5% of the total number of state contracts to be awarded to businesses that have been in operation for fewer than five years and whose principal place of business is in Indiana. Requires the state to encourage 5% of workforce development funding, including funding allocated by workforce development boards across Indiana, to be used to support organizations or programs for individuals starting new businesses or to those organizations or programs that provide services to businesses established within the previous five years and whose principal place is located within Indiana. Requires the state to encourage 5% of funding budgeted for economic development programs to be allocated to supporting organizations or programs for individuals starting new businesses or to those organizations or programs that provide services to businesses established within the previous five years and whose principal place of business is located within Indiana. Requires the state to encourage the elimination of all first year business fees relating to any license or registration for any new business or person establishing a new business, including home based businesses, whose principal place of business is located within Indiana.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1345

Introduced
1/17/23  
Refer
1/17/23  
Waiver of requirements for new businesses. Establishes a "regulatory sandbox" program (program). Creates the regulatory relief office within the Indiana economic development corporation. Creates, and establishes duties for, an advisory committee within the program. Directs that the secretary of commerce, who serves as executive director of the regulatory relief office, prepare an annual report on the activities of the office. Provides for program application requirements and describes the scope of the program. Makes consumer protection provisions. Describes requirements for exiting the program and for extensions to remain in the program. Makes record keeping and reporting requirements. Provides requirements for the creation and maintenance of a regulatory relief office web page.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1346

Introduced
1/17/23  
Gender fluidity. Provides that a school may not promote or encourage the use of, or require, compel, or coerce a student, an employee of the school, or a staff member of the school to use: (1) a pronoun, title, or other word to identify a student, school employee, or other individual that is inconsistent with the student's, employee's, or individual's biological sex; or (2) a name or nickname to identify a student that is inconsistent with the student's name on the student's birth certificate. Creates an exception. Provides that a school may not require an employee or a staff member of the school to adopt, support, or promote gender fluidity.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1347

Introduced
1/17/23  
Income tax credit for firearms safety expenses. Provides a state income tax credit for expenses incurred to receive qualified firearms instruction or to purchase a qualified firearms storage device. Provides that the tax credit is equal to the amount of the incurred expenses. Provides that the maximum amount allowed as a tax credit is $300 for individuals filing single returns or $600 for married couples filing joint returns. Provides that a tax credit may not exceed the taxpayer's state income tax liability. Provides that a taxpayer is not entitled to a carryover, carryback, or refund of any unused tax credit.

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