Indiana 2023 Regular Session All Bills
IN
Indiana 2023 Regular Session
Indiana Senate Bill SB0402
Introduced
1/19/23
Refer
1/19/23
Report Pass
2/16/23
Engrossed
2/22/23
Refer
2/28/23
Reading standards and curriculum. Defines "science of reading". Provides that a school corporation and charter school shall report certain information regarding reading and writing curriula, remedial programs, and administrative contact information on the school corporation's or charter school's website. Provides that the state board of education and the department of education (department): (1) must implement an academic standard for reading based on the science of reading; and (2) may not implement an academic standard for reading based on the three-cueing model. Provides that, beginning with the 2024-2025 school year, a superintendent, advisory committee, or governing body or the equivalent for a charter school: (1) must adopt curriculum that is based on the science of reading; and (2) may not adopt curriculum for reading that is based on the three-cueing model. Provides that, beginning July 1, 2024, the department shall review teacher preparation programs for alignment with guidelines requiring the use of curriculum or content that instructs teacher candidates on the science of reading. Provides that, after June 30, 2025, the department may not grant an initial practitioner license as an elementary school teacher to certain individuals unless the individuals successfully pass a foundation of reading examination.
IN
Indiana 2023 Regular Session
Indiana Senate Bill SB0403
Introduced
1/19/23
Refer
1/19/23
Background checks of teachers. Requires a school to consider using a more comprehensive expanded criminal history background check for employment. Requires a school that receives a reference request from another school to disclose any known incident in which the employee was: (1) arrested; (2) charged with a criminal offense; (3) convicted of a criminal offense; (4) under court supervision or the supervision of a community correction program as the result of a conviction for a criminal offense (including being placed on home detention, work release, or intermittent incarceration); (5) the subject of a protection order; or (6) named as a defendant in a civil action if the civil action could affect the safety of students. Prohibits a school from hiring an employee involved in specified acts or incidents without a majority vote of the school board (or equivalent for a charter or nonpublic school), and provides that, if a school hires an employee involved in specified acts or incidents, the school shall: (1) notify the department of education in writing of the hiring; (2) explain why the hiring was necessary; and (3) set forth the school's plan to protect the safety of students in light of the act or incident.
IN
Indiana 2023 Regular Session
Indiana Senate Bill SB0404
Introduced
1/19/23
Refer
1/19/23
Report Pass
2/9/23
Engrossed
2/15/23
Refer
2/28/23
Report Pass
3/16/23
Enrolled
3/22/23
Passed
4/20/23
Chaptered
4/20/23
Passed
4/20/23
Access to transcripts. Provides that a state educational institution or private postsecondary educational institution operated for profit (institution) in Indiana may not: (1) refuse to provide a transcript for a current or former student of the institution on the grounds that the student owes a debt to the institution; (2) charge a higher fee for obtaining a transcript or provide less favorable treatment of a request for a transcript of a current or former student who owes a debt to the institution; or (3) withhold from a current or former student's transcript any degrees earned on the grounds that the student owes a debt to the institution; if the student has paid certain amounts in the past year on the debt owed. Provides that a current or former student may bring a civil action against an institution for a violation of these provisions.
IN
Indiana 2023 Regular Session
Indiana Senate Bill SB0405
Introduced
1/19/23
Refer
1/19/23
Refer
2/2/23
Funding for defendant examinations. Requires the office of judicial administration to establish and administer a program to provide a regional pool of mental health examiners who are available for appointment upon request by a court to conduct: (1) a competency examination of a defendant; and (2) mental health evaluations following a notice of an insanity defense; in a criminal case. Amends current law concerning the number of individuals who a court is required to appoint in these circumstances (except in the case of a notice of an insanity defense in a homicide case, which remains unchanged). Provides that the establishment of the program is subject to appropriation by the general assembly.
IN
Indiana 2023 Regular Session
Indiana Senate Bill SB0406
Introduced
1/19/23
Refer
1/19/23
Public safety employees. Establishes the law enforcement recruitment and retention fund to provide county, city, and town law enforcement agencies with grants to foster recruitment and retention of law enforcement officers. Modifies the computation of the monthly benefit amount for a member of the 1977 police officers' and firefighters' pension and disability fund who retires or receives actuarially reduced benefits after June 30, 2023. Requires a county, municipality, or township that has a police department to increase in 2024 and 2025 the salary of a police officer employed by the unit by at least the same percentage increase in the unit's total levies that are subject to certain maximum levy limitations. Makes an appropriation.
IN
Indiana 2023 Regular Session
Indiana Senate Bill SB0407
Introduced
1/19/23
Refer
1/19/23
Rare disease advisory council. Defines "rare disease" as a disease that affects fewer than 200,000 people in the United States. Establishes a rare disease advisory council (council). Provides for appointment of the members of the council. Requires the council to fulfill certain duties for the benefit of patients with rare diseases. Requires the council to submit an annual report to the governor and the members of the senate health and provider services committee and the house public health committee.
IN
Indiana 2023 Regular Session
Indiana Senate Bill SB0408
Introduced
1/19/23
Refer
1/19/23
Vulnerable road users. Requires the bureau of motor vehicles to suspend or revoke the current driver's license or driving privileges and all certificates of registration and proof of registration issued to or registered in the name of an individual who is convicted of a moving traffic offense that results in the serious bodily injury or death of a vulnerable road user. Defines "vulnerable road user".
IN
Indiana 2023 Regular Session
Indiana Senate Bill SB0409
Introduced
1/19/23
Refer
1/19/23
Teacher salaries. Provides that, for each school year beginning after June 30, 2024, a school corporation shall, if the school corporation determines that the school corporation cannot establish a minimum salary of $50,000 for each full-time teacher, submit a report to the department of education explaining the school corporation's inability to meet the minimum threshold requirement. (Current law establishes this requirement if a school corporation determines that the school corporation cannot establish a minimum salary of $40,000 for each full-time teacher.)
IN
Indiana 2023 Regular Session
Indiana Senate Bill SB0410
Introduced
1/19/23
Refer
1/19/23
Juvenile law matters. Repeals provisions providing that juvenile courts do not have jurisdiction over juveniles charged with certain offenses. Provides that a delinquent offender under 13 years of age (rather than 12 years of age, under current law) or 23 years of age or older (rather than 18 years of age or older, under current law) may not be committed to the department of correction. Provides that a delinquent offender's: (1) commitment to the department of correction; or (2) parole; may extend until the offender reaches 25 years of age if the offender has been adjudicated delinquent for an act that would have been a Level 3 felony, a Level 2 felony, a Level 1 felony, or murder if committed by an adult. Provides that a circuit or superior court has original and concurrent jurisdiction over a case alleging that an individual committed a delinquent act if: (1) the delinquent act is an act over which the circuit or superior court would have jurisdiction if the act had been committed by an adult; and (2) either: (A) the juvenile courts lack jurisdiction over the case; or (B) the juvenile court waives the case to the circuit or superior court. Provides that a juvenile court may waive a child to adult court for prosecution for certain offenses if the child was 16 years of age or older (rather than 14 years of age or older, under current law) when the child allegedly committed the offense. Provides that a juvenile court may waive a child to adult court for prosecution for a Level 1, Level 2, Level 3, Level 4, or Level 5 felony relating to controlled substances (rather than for any felony relating to controlled substances, under current law). Provides that a juvenile court may waive a child to adult court for prosecution for murder if the child was at least 14 years of age (rather than 12 years of age, under current law), but less than 16 years of age, when the child allegedly committed the offense. Amends the list of offenses for which a juvenile court is required to waive a child to adult court upon motion of the prosecutor. Amends alternative sentencing provisions, under which a juvenile tried in adult court may be sentenced to a juvenile facility, to: (1) provide that a juvenile sentenced under the alternative sentencing provisions may be held in a juvenile facility until the juvenile becomes 25 years of age; (2) provide for court review of the juvenile's progress once the department of correction notifies the sentencing court that the juvenile has successfully completed a rehabilitation program or has served 18 months in the juvenile facility, whichever comes first; and (3) provide that if, after the court review, the court continues the juvenile's placement in a juvenile facility, the court shall conduct a review hearing at least once every 180 days until the objectives of the sentence have been met or the juvenile becomes 25 years of age, whichever occurs first. Provides that a child convicted of certain offenses may not be made a ward of the department of correction if the child is less than 13 years of age (rather than 12 years of age, under current law) or at least 23 years of age (rather than 18 years of age, under current law) at the time the child's dispositional decree is entered. Provides that: (1) a child who is at least 13 years of age and commits an act that would be murder if committed by an adult may be made a ward of the department of correction for a period that is not longer than seven years and that does not end later than the date the child becomes 25 years of age; and (2) a child who is at least 16 years of age and commits an act that would be one of several specified offenses if committed by an adult may be made a ward of the department of correction for a period that is not longer than five years and that does not end later than the date the child becomes 25 years of age. Provides: (1) a process under which a person convicted of an offense committed by the person when the person was less than 18 years of age may, not less than 15 years after the date of the conviction, petition a court for modification of the person's sentence; and (2) conditions under which a court may grant the petition. Provides that: (1) a person less than 18 years of age who, with a child who is younger than the person and less than 14 years of age, knowingly or intentionally performs or submits to sexual intercourse or other sexual conduct commits child sexual misconduct; and (2) the offense is a Class A misdemeanor, subject to enhancement
IN
Indiana 2023 Regular Session
Indiana Senate Bill SB0411
Introduced
1/19/23
Refer
1/19/23
Commercial property assessed clean energy program. Authorizes counties, cities, and towns (local units) to adopt a commercial property assessed clean energy program (PACE program) as a financing mechanism to allow commercial property owners to obtain financing for energy efficient improvements, with the repayment of the financing obligation for those improvements made from a voluntary tax assessment (special assessment) on the property. Defines an "energy efficient improvement". Requires a property owner to petition a local unit that has adopted a PACE program to impose a special assessment on the property, the proceeds of which would be transferred to the financing provider for the purchase and installation of the energy efficient improvement. Requires all owners of record of a property to sign the petition. Requires the petition to contain the written consent of each mortgage lien holder on the property stating that the lien holder does not object to the imposition of the assessment. Requires certain provisions to be included in an assessment contract. Specifies the procedures for imposing the special assessment and the priority of any tax lien. Prohibits the local unit from issuing bonds secured by tax revenue from any special assessment and further specifies that a local unit shall have no financial obligation or liability for the payment of tax revenue from a special assessment, other than to transfer the proceeds to the financing provider for the improvements.
IN
Indiana 2023 Regular Session
Indiana Senate Bill SB0412
Introduced
1/19/23
Refer
1/19/23
Report Pass
2/21/23
Engrossed
2/28/23
Refer
3/6/23
Report Pass
3/23/23
Enrolled
3/29/23
Passed
5/4/23
Chaptered
5/4/23
Passed
5/4/23
Natural resources matters. Authorizes the Little Calumet River basin development commission to make bank improvements and remove sediment and flood-causing debris in the area subject to its jurisdiction, subject only to the authority of the United States Army Corps of Engineers. Authorizes the division of water (division) of the department of natural resources (department), under certain circumstances, to file with the county recorder an affidavit stating that a violation or deficiency that is the subject of an enforcement action involving a structure classified by the department as a high hazard structure exists on a particular property in the county. Provides that the affidavit must: (1) include a sworn statement that a violation or deficiency exists on the property; (2) be recorded in the deed records of the county; (3) be designed and worded so as to provide notice to the public; and (4) include certain details about the property and current owner. Requires the department to file a release of the affidavit when the violation or deficiency is resolved. Requires the division to pay the fees for recording the affidavit and for recording a release of the affidavit. Amends the law on natural resources commission (commission) rules concerning lakes and reservoirs to eliminate provisions concerning the mediation of disputes. Amends the flood control law: (1) to require a person who applies for a permit to create or maintain a structure, obstruction, deposit, or excavation on a site in a floodway to provide documentation of the person's ownership of the site or an affidavit from the owner of the site authorizing the performance of the proposed work; and (2) to allow a person who applies for a permit to file an amendment to the permit application. Amends the floodplain management law: (1) to require the commission to meet at least once every five years with officials of counties and municipalities to promote cooperation among counties and municipalities, provide technical and data assistance, conduct training, and provide communications and outreach; (2) to provide that county and municipality officials may request to meet with the commission on a periodic basis; (3) to require a permit for the creation, use, or maintenance of a structure, obstruction, deposit, or excavation on any state owned or state managed property in a floodplain; (4) to provide that the lowest floor of any structure erected on state owned or state managed property in a floodplain must be least two feet above the 100 year frequency flood elevation; and (5) to require the commission to review and timely respond to any request from a county or municipality to revise the delineation of a flood hazard area. Provides that a person who applies for a permit authorizing the construction of a structure or other construction activity in or near a floodplain may elect whether: (1) mapping data provided by the department; or (2) an engineering study provided by the applicant; will be used by the local floodplain administrator when reviewing the person's permit application, and prohibits a local floodplain administrator from issuing a permit if the issuance of the permit would affect the county's or municipality's eligibility to participate in the National Flood Insurance Program. Amends the timber buyers law to provide that information in a timber buyer's records about the timber buyer's transactions with a particular timber grower may be disclosed to that timber grower. Provides that if a local governmental agency in county located along the Lake Michigan shore does not approve or deny a completed application for a nonemergency seawall or revetment permit within 30 business days after it is submitted, the permit is automatically approved and considered issued to the applicant. Requires the department to coordinate with local governmental agencies for purposes of the seawall or revetment permit process. Makes conforming changes.
IN
Indiana 2023 Regular Session
Indiana Senate Bill SB0413
Introduced
1/19/23
Refer
1/19/23
Parental rights in education. Requires a governing body of a school corporation to adopt procedures to require schools to notify a parent of an unemancipated minor student regarding the: (1) student's services, support, or monitoring related to the student's social emotional, behavioral, mental, or physical health; or (2) school's ability to provide a safe and supportive learning environment for the student. Establishes requirements and restrictions regarding the procedures. Prohibits school corporation personnel or a third party vendor that contracts with a school corporation from providing instruction on sexual orientation or gender identity: (1) to any students of the school corporation enrolled in kindergarten through grade 12; or (2) in a manner that is not age appropriate or developmentally appropriate for students in accordance with state law. Establishes requirements regarding: (1) student support services training; (2) notifying parents of social emotional, behavioral, mental, and physical health services or support offered by a school corporation and the parent's option to withhold consent or decline any of those health services or support; and (3) administering a social emotional, behavioral, mental, or physical health personal analysis or evaluation, questionnaire, screening, survey, or assessment to an unemancipated minor student enrolled in kindergarten through grade 12. Requires a school corporation to notify the parent of each student enrolled in a school maintained by the school corporation if the school corporation permits a student of that school to use a multiple occupancy restroom or locker room that is designated for a sex that is not the student's biological sex. Requires a school corporation to: (1) establish a grievance procedure for a violation of the provisions; and (2) post the grievance procedure on the school corporation's website. Provides that a parent who is not satisfied with a decision by a school principal or principal's designee regarding a complaint by the parent may request the department of education (department) to review the complaint and decision. Provides that a parent of a student may bring a civil action against the school corporation for a violation of the provisions. Requires, not later than May 30, 2024, the department to adopt or update, as necessary and as approved by the state board of education, certain student services, personnel guidelines, standards, frameworks, practices, and principles.
IN
Indiana 2023 Regular Session
Indiana Senate Bill SB0414
Introduced
1/19/23
Refer
1/19/23
Report Pass
1/30/23
Engrossed
2/7/23
Refer
2/28/23
Report Pass
3/23/23
Enrolled
3/29/23
Passed
5/4/23
Chaptered
5/4/23
Passed
5/4/23
Onsite waste management districts and septage holding tanks. Amends the definition of "onsite residential sewage discharging disposal system" to provide that the term includes a system that employs advanced treatment components to reduce the concentration of the pathogenic constituents of the effluent to an acceptable level before the effluent is discharged. Amends the law that prohibits the point source (i.e., above ground) discharge of treated sewage from a dwelling, which includes an exception to the prohibition for one particular county that has a onsite waste management district, to make the exception applicable to any onsite waste management district. Authorizes the adoption of rules or guidelines to provide guidance to a local health department that has jurisdiction in a county onsite waste management district and that is authorized to issue operating permits for onsite residential sewage discharging disposal systems that discharge effluent above ground. Provides that, if amending the National Pollutant Discharge Elimination System (NPDES) general permit issued by the department of environmental management (department) for the purposes of the county onsite waste management district law is necessary or advisable to enable new county onsite waste management districts to function properly and effectively, the department shall amend the general permit as soon as reasonably possible after June 30, 2023. Provides that septage that originates from a residential or commercial source may be held in one or more holding tanks of not more than 10,000 gallons until removed and transported from the site. Establishes requirements for septage holding tanks. Requires a permit from the local health department for the operation of a septage holding tank. Requires a septage tank owner to: (1) enter into a written contract with a septage management vehicle operator for regular removal of septage from the tank; (2) provide a copy of the contract to the local health department; and (3) provide proof to the local health department that the tank owner is regularly paying for the removal of septage from the holding tank. Requires a local health department to report to the department concerning the septage tanks in its jurisdiction, and authorizes the adoption of rules or guidelines concerning the reports.
IN
Indiana 2023 Regular Session
Indiana Senate Bill SB0415
Introduced
1/19/23
Refer
1/19/23
Report Pass
2/23/23
Engrossed
3/1/23
Refer
3/6/23
Report Pass
3/30/23
Enrolled
4/5/23
Passed
5/1/23
Chaptered
5/1/23
Passed
5/1/23
Juveniles. Provides that a statement made by a juvenile during custodial interrogation in response to a materially false statement from a law enforcement officer is inadmissible against the juvenile unless certain exceptions apply. Requires, unless certain circumstances exist, that a law enforcement officer who arrests or takes into custody a child on school property or at a school-sponsored activity must notify or request a school administrator to notify the child's: (1) parent or guardian; or (2) emergency contact.
IN
Indiana 2023 Regular Session
Indiana Senate Bill SB0416
Introduced
1/19/23
Refer
1/19/23
School and student safety information. Provides that a law enforcement agency or private university police department shall, upon request of a school corporation, charter school, or nonpublic school, make available to the school corporation, charter school, or nonpublic school certain investigatory records regarding a person who is enrolled in the school corporation, charter school, or nonpublic school for the purpose of enhancing the safety or security of a student or school facility. Provides that if: (1) a child is adjudicated delinquent for an act that would be one of a specified list of offenses if committed by an adult (adult offense); and (2) the department of correction is awarded guardianship of the child; the department of correction shall, not later than 10 days before the child is paroled or discharged, provide notice of the child's parole or discharge to the administrator of the school or school district in which the child was most recently enrolled. Provides that a psychiatric crisis center, psychiatric inpatient unit, or psychiatric residential treatment provider shall (rather than may, under current law) disclose a patient's mental health record, without the patient's consent, to a school in which the patient is enrolled. Provides that the school may use the patient's mental health record only for the purposes of: (1) meeting the educational needs of the patient; or (2) ensuring the safety of the school. Provides that: (1) information concerning suspicious activity or potential criminal activity that relates to a child and that is shared between a law enforcement officer and a school corporation or certain other officials may be stored or maintained in a data base only for purposes of ensuring the safety and security of a student or facility of the school corporation; and (2) a school corporation may enter into a memorandum of understanding with a law enforcement agency to share such information. Requires the department of child services to coordinate annual meetings in each Indiana senate district and report specified information to each member of the senate regarding the meeting held in the senator's district. Provides that certain department of child services reports and materials shall be made available to a school official if disclosure is important to the school's development of a plan to: (1) provide a free and appropriate education to the student to whom the report or other material pertains; or (2) ensure the safety, health, or security of school students or employees. Requires the case plan of a child in need of services to: (1) include provisions to enable the child's school to: (A) provide appropriate support to and protect the safety of the child; and (B) protect the safety of the school; and (2) provide for participation in the case planning process by a department of education liaison. Provides that before releasing from custody a child who has been taken into custody for allegedly committing an adult offense, the department of child services shall notify the administrator of the child's school or school district of the child's pending release from custody, and specifies information that must be included in the notice. Provides that a juvenile court shall grant a school access to a requested portion of the juvenile court records of a child who is a student at the school: (1) if the request is made by specified school officials; and (2) under specified circumstances. Provides that a provider of mental health services has a duty to warn of, or take reasonable precautions to provide protection from, a patient's violent behavior, and is not immune from civil liability for failing to provide warning or take reasonable precautions, if the patient: (1) has communicated to the provider an actual threat of physical violence or other means of harm against a reasonably identifiable victim or victims; or (2) evidences conduct or makes statements indicating an imminent danger that the patient will use physical violence or use other means to cause serious personal injury or death to others.