Indiana 2023 Regular Session All Bills

IN

Indiana 2023 Regular Session

Indiana House Bill HB1032

Introduced
1/9/23  
Credit time assignments. Provides that a person who is imprisoned for a crime or imprisoned awaiting trial or sentencing for a crime that resulted in death or serious bodily injury to a public safety official, for a crime committed after June 30, 2023, is initially assigned to Class D and may not be assigned or reassigned to any other credit time class.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1033

Introduced
1/9/23  
Local unit water infrastructure fund. Establishes the local unit water infrastructure fund (fund) to provide grants, loans, and other financial assistance to counties, cities, and towns for projects to: (1) repair, replace, or increase the capacity of water infrastructure; or (2) replace lead water service lines; in community water systems. Requires the Indiana finance authority (authority) to administer the fund. Provides that the fund consists of appropriations from the state general fund and money from other sources. Requires the authority to adopt guidelines to establish criteria for the making of grants and the providing of loans and other financial assistance from the fund. Provides that an application for a grant, a loan, or other financial assistance must be accompanied by all supporting materials required by the authority. Requires a local unit that applies for a grant, a loan, or other financial assistance to develop an asset management program for its community water system. Authorizes the authority to establish a maximum amount that one county, city, or town may receive as a grant. Requires the authority, if possible, to allocate at least 50% of the total amount of grants to counties having a population of less than 50,000 and cities and towns located in counties having a population of less than 50,000. Authorizes the authority to make the award of a grant conditional upon the local unit contributing a local match of funds to be combined with the grant, but imposes an upper limit on the amount of a matching grant that can be required of a county, city, or town falling within certain population parameters. Requires the authority to establish the interest rate or interest rate parameters for each loan from the fund, and allows the authority to take into account certain factors in setting interest rates or interest rate parameters. Provides that the authority may require a local unit that receives a loan to enter into a binding financial assistance agreement. Requires a biennial report on grants awarded and loans and other financial assistance provided from the fund.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1034

Introduced
1/9/23  
Refer
1/9/23  
Report Pass
1/19/23  
Report Pass
2/2/23  
Engrossed
2/8/23  
Refer
2/23/23  
Refer
3/7/23  
Report Pass
4/11/23  
Enrolled
4/18/23  
Passed
5/1/23  
Chaptered
5/1/23  
Income tax exemption for military pay. Exempts military pay for members of a reserve component of the armed forces of the United States or the national guard from the individual income tax. (Current law provides an individual income tax exemption for members of a reserve component of the armed forces of the United States or the national guard for the period the member is mobilized and deployed.) Exempts military pay earned by members of an active component of the armed forces of the United States from the individual income tax. (Current law exempts from the individual income tax the military pay earned by members of the National Guard and reserve components of the armed forces of the United States while serving on active duty.)
IN

Indiana 2023 Regular Session

Indiana House Bill HB1035

Introduced
1/9/23  
Refer
1/9/23  
Report Pass
1/17/23  
Engrossed
1/24/23  
Township assessors. Provides that, in counties that have one or more township assessors, the county election board shall place on the ballot at the November 2024 general election a public question asking whether the office of township assessor should be abolished or continued. Provides that a county election board shall tabulate the votes cast on the public question and certify the results to the department of local government finance. Provides that if a majority of the voters voting on the public question vote "yes", the office of each township assessor in the county is abolished, effective January 1, 2026. Provides that if a majority of voters voting on the public question vote "yes": (1) employment positions as of December 31, 2025, of each township assessor in the county are transferred to the county assessor; (2) real and personal property duties of each township assessor in the county are transferred to the county assessor; (3) obligations outstanding on December 31, 2025, of each township assessor in the county are transferred to the county assessor; and (4) the funds of each township assessor in the county on hand for the purpose of carrying out the property assessment duties in the amount determined by the county auditor are transferred to the county assessor. Provides that before October 1, 2025, the county assessor shall interview, or give the opportunity to interview to, each individual who: (1) is an employee of a township assessor in the county; and (2) applies before September 1, 2025, for an employment position. Provides that the township shall transfer to the county assessor all revenue received after the date of the transfer that is received by the township for the purpose of carrying out property assessment duties in the amount determined by the county auditor.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1036

Introduced
1/9/23  
School board elections. Requires candidates for school board offices to be nominated in the same manner as candidates for all other elected offices are nominated. Repeals the current statute relating to nomination of candidates for school board offices. Repeals other superseded statutes. Makes conforming changes.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1037

Introduced
1/9/23  
Refer
1/9/23  
Report Pass
2/20/23  
Engrossed
2/24/23  
Enforcement of equal educational opportunity. Defines "antisemitism", specifies that the public policy of the state is to provide educational opportunities free of religious discrimination, and provides that antisemitism is discrimination on the basis of religion.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1038

Introduced
1/9/23  
Refer
1/9/23  
Report Pass
1/19/23  
Engrossed
1/25/23  
Data security. Removes the remedies from chapter 3 of the data security breach statute and adds a reference to relief available under chapter 4 of that statute. (Under current law, the maximum civil penalty in chapter 3 is $5,000 per deceptive act.) Changes the civil penalty under chapter 4 of the data security breach statute to $500,000 per deceptive act. (Under current law, the maximum civil penalty in chapter 4 is $150,000 per deceptive act.) Adds the following to the permissible remedies available for the attorney general to seek for a deceptive act: (1) Restitution for actual harm, but not less than $100 per Indiana resident who suffered actual harm. (2) The cost of administering restitution.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1039

Introduced
1/9/23  
Medical and adult use cannabis. After marijuana is removed as a federal schedule I controlled substance, permits the use of cannabis by: (1) a person at least 21 years of age; and (2) a person with a serious medical condition as determined by the person's physician. Establishes the adult use cannabis excise tax, and requires a retailer to transfer the tax to the department of state revenue for deposit in the state general fund. Exempts veterans from payment of the sales tax on medical or adult use cannabis. Establishes a cannabis program to permit the cultivation, processing, testing, transportation, and sale of cannabis by holders of a valid permit. Establishes the Indiana cannabis commission (ICC) as a state agency to oversee, implement, and enforce the program, and establishes the ICC advisory committee to review the effectiveness of the program. Requires that permit holders take steps to prevent diversion of cannabis to unauthorized persons. Requires that cannabis and cannabis products be properly labeled, placed in child resistant packaging, and tested by an independent testing laboratory before being made available for purchase. Prohibits packaging cannabis in a manner that is appealing to children. Authorizes research on cannabis in accordance with rules set forth by the ICC. Establishes a procedure for the expungement of a cannabis related conviction if the act constituting the conviction becomes legal. Makes conforming amendments.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1040

Introduced
1/9/23  
Refer
1/9/23  
Report Pass
1/17/23  
Engrossed
1/24/23  
Refer
2/23/23  
Report Pass
3/13/23  
Enrolled
3/31/23  
Passed
4/20/23  
Chaptered
4/20/23  
Requirements for elected officials. Provides that if an examination of an audited entity is unable to be performed because the audited entity's accounts, records, files, or reports are not properly maintained or reconciled, the entity may be declared unauditable. Requires an unauditable entity to bring its accounts, records, files, or reports into an auditable condition within 90 days. Requires the state board of accounts (SBOA) to publish a list of entities declared to be unauditable on the SBOA's website. Provides that if an entity is declared unauditable and the fiscal officer is unable to perform the fiscal requirements of their position, the entity is required to hire outside assistance for guidance or to perform the fiscal requirements. Clarifies an exception regarding the liability of an elected official for acts that constitute gross negligence or intentional disregard of the official's duties. Requires the SBOA to annually call a conference for: (1) city and town controllers and clerk-treasurers, newly appointed city and town controllers, and city and town clerk-treasurers elect; and (2) township trustees and township trustees elect. Provides that elected officials must attend training every two years and that the SBOA shall keep attendance of elected officials and publish it on the SBOA's website. Makes an exception for school corporation treasurer personal liability. Provides that if there is an office of town clerk-treasurer that is vacant, and the town legislative body is unable to fill the office, the town legislative body may either: (1) enter into a local agreement with the town clerk-treasurer and town legislative body of another town in the state to assist a selected town legislative body member in performing the duties of the clerk-treasurer's office; or (2) enter into a contract with a certified public accountant to assist the town legislative body member in performing the duties of the clerk-treasurer's office. (Current law provides that the town legislative body may only enter into a contract with a certified public accountant after the town legislative body is unable to reach an agreement with another town.) Provides that if, after reasonable diligence, a town may hire any qualified person to perform the duties of the clerk-treasurer's office until the vacancy can be filled, or until the end of the current clerk-treasurer's term, whichever is first. Provides that newly elected officials shall complete five hours of training before taking office. Provides that elected officials shall certify completion of training requirements to the SBOA annually. Excludes self-supporting school lunch and the rental or sale of curricular materials as programs that may be established as separate funds. Repeals obsolete provisions. Makes technical corrections.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1041

Introduced
1/9/23  
Refer
1/9/23  
Report Pass
1/17/23  
Engrossed
1/24/23  
Refer
2/23/23  
Report Pass
3/14/23  
Enrolled
3/31/23  
Passed
4/20/23  
Chaptered
4/20/23  
State board of accounts. Provides that the state board of accounts (SBOA) is designated as the independent external auditor of audited entities and is subject to applicable professional accounting standards. Requires annual reports to be prepared, verified, and filed with the state examiner as set forth in the uniform compliance guidelines. Requires all appointments of field examiners be made solely upon the ground of fitness in accordance with professional accounting and auditing standards. Provides that if an examination of an audited entity is unable to be performed because the audited entity's accounts, records, files, or reports are not properly maintained or reconciled, the audited entity may be declared to be unauditable. Provides that an audited entity that is declared unauditable shall bring its accounts, records, files, or reports into an auditable condition within 90 days. Requires the SBOA to publish a list of audited entities declared unauditable on its website. Revises conditions under which the state examiner may undertake an examination based on a violation of the law. Requires the SBOA to approve a request by an audited entity to opt out of examinations and engage a certified public accountant to conduct examinations if, within the last six years, the SBOA has not issued an examination or special investigation report critical of the audited entity's internal controls and there have been no adverse reports. Provides that the SBOA may terminate its approval of the use of a certified public accountant if certain requirements are not met. Revises the provision regarding field examiner traveling expenses. Makes changes to certain reporting, resolution, and disclosure requirements. Simplifies the provision regarding parties and a plaintiff's right of recovery. Removes provisions regarding additional powers of the state examiner and attorney general. Provides that if the attorney general brings an action against an official bond, official bonds, or a crime insurance policy, the cause may be brought in the name of the state of Indiana upon the relation of the attorney general as plaintiff. Repeals a provision regarding the withdrawal or removal of counties from solid waste management districts. Repeals a provision regarding bonds and crime policies for faithful performance. Repeals a provision regarding examination reports, requisites, performance of public works, and SBOA powers. Repeals a provision regarding copies of reports filed with libraries, public inspections, and request renewals. Makes technical and conforming changes.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1042

Introduced
1/9/23  
Citizen's arrests. Prohibits citizen's arrests. Makes conforming amendments.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1043

Introduced
1/9/23  
Resident tuition for eligible individuals. Provides that an individual who meets certain conditions is eligible for the resident tuition rate as determined by the state educational institution. Requires such an individual to verify that the individual meets the criteria to receive the resident tuition rate. Makes a technical correction.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1044

Introduced
1/9/23  
State park admission to military members and veterans. Requires the department of natural resources (department) to provide free admission to: (1) members of the armed forces of the United States or Indiana National Guard; and (2) certain veterans of the armed forces of the United States or Indiana National Guard; as well as the individual's motor vehicle, including passengers within the individual's motor vehicle to Indiana state parks, recreation areas, reservoirs, forests, historic sites, museums, memorials, and other department properties. Eliminates provisions that provide that an individual who: (1) is eligible for a disabled Hoosier veteran license plate; or (2) is issued a prisoner of war license plate; may purchase a Golden Hoosier Passport.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1045

Introduced
1/9/23  
Craft hemp flower and hemp production. Excludes craft hemp flower from the definition of "hemp product". Removes references to smokable hemp. Removes an exemption to a person who knowingly or intentionally grows or handles smokable hemp without a license from the penalty of growing or handling hemp without a license. Repeals a law that requires that a hemp bud or a hemp flower be sold only to a processor licensed in Indiana. Provides that a food is not considered adulterated for containing low THC hemp extract or craft hemp flower. Creates contaminant testing and packaging requirements for the distribution and sale of craft hemp flower. Establishes penalties for selling or distributing craft hemp flower in violation of the requirements. Makes it a Class C infraction if a person knowingly: (1) sells or distributes craft hemp flower to a person less than 21 years of age; and (2) purchases craft hemp flower for delivery to another person who is less than 21 years of age. Provides that a retail establishment that sells or distributes craft hemp flower to a person less than 21 years of age commits a Class C infraction. Makes it a Class C infraction if a person less than 21 years of age: (1) purchases craft hemp flower; (2) accepts craft hemp flower for personal use; or (3) possesses craft hemp flower on his or her person. Provides that a person who, while a motor vehicle is in operation or located on the right-of-way of a public highway, possesses a container that contains craft hemp flower, and: (1) the container does not have tamper evident packaging; or (2) the tamper evident packaging has a broken seal; commits a Class C infraction. Provides that a violation is not considered a moving violation. Defines "craft hemp flower". Provides that craft hemp flower is not included in the definition of "controlled substance analog", "hashish", "low THC hemp extract", or "marijuana". Repeals the definition of "smokable hemp" and criminal penalties concerning smokable hemp. Makes conforming changes. Makes technical corrections.
IN

Indiana 2023 Regular Session

Indiana House Bill HB1046

Introduced
1/9/23  
Refer
1/9/23  
Report Pass
2/7/23  
Report Pass
2/16/23  
Engrossed
2/22/23  
Refer
3/1/23  
Refer
3/30/23  
Report Pass
4/6/23  
Enrolled
4/18/23  
Passed
5/4/23  
Chaptered
5/4/23  
Transportation matters. Provides that a transit development district may be established in a municipality that is located in a county that is a member of the development authority and has operated regularly scheduled commuter bus services to Chicago, Illinois, with prior financial assistance from the development authority, and shuttle bus services that transport riders to a train station or a regular train stop along the Chicago to South Bend line. Provides for a public transportation corporation located in a county having a population of more than 185,000 and less than 200,000 to expand service beyond the boundary of the county to an adjacent county if the counties have entered into an interlocal cooperation agreement to expand service.

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