Indiana 2023 Regular Session All Bills

IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0447

Introduced
1/19/23  
Refer
1/19/23  
Report Pass
2/2/23  
Engrossed
2/9/23  
Refer
2/28/23  
Report Pass
3/28/23  
Enrolled
4/4/23  
Passed
5/1/23  
Chaptered
5/1/23  
Charity gaming matters. Defines the term "professional sports team foundation" for purposes of the charity gaming law. Specifies that a professional sports team foundation is a qualified organization. Specifies that qualified organizations may conduct unlicensed allowable events at facilities leased or owned by the capital improvement board of managers of Marion County (CIB). (Current law allows qualified organizations to conduct charity gaming events without a license if the value of all prizes awarded is less than $2,500 for a single event and $7,500 for all unlicensed events conducted during a calendar year.) Authorizes payment by credit card for a chance to enter: (1) a raffle or water race at an allowable event conducted by a qualified organization; and (2) an allowable event conducted at a facility leased or owned by the CIB.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0448

Introduced
1/19/23  
Highway finances. Reduces the required percentage amount of the motor vehicle highway account distributions that counties, cities, and towns must use for the construction, reconstruction, and preservation of highways from 50% in current law to 40% in calendar years beginning January 1, 2024, and ending December 31, 2025. Provides that, for a period in which the reduction applies, the term "preservation" includes both snow removal and expenditures for deicing road salt or similar deicing agents. Requires counties, cities, and towns that apply the reduced required percentage amounts authorized under the bill to submit to the local technical assistance program (LTAP) at Purdue University in conjunction with the Indiana department of transportation a detailed itemization of the uses of the funds in the calendar year that were for: (1) purposes other than construction, reconstruction, and preservation; and (2) preservation that included only snow removal and expenditures for deicing road salt or similar deicing agents. Requires the LTAP to present a statewide aggregate report of the results received from counties, cities, and towns to the budget committee for each year.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0449

Introduced
1/19/23  
Refer
1/19/23  
Report Pass
2/14/23  
Engrossed
2/24/23  
Regulation of combined sewer overflows. Provides that if an NPDES permit holder has submitted an approved long term control plan for its combined sewers, water samples used to assess the permit holder's compliance with water quality standards and water quality based effluent limitations for discharges from combined sewer overflows must not be collected: (1) within 96 hours after a combined sewer overflow discharge that is consistent with the approved long term control plan; or (2) during or following excessive precipitation conditions. Requires the environmental rules board to adopt rules, including emergency rules, to implement the limitation on water samples used to assess a permit holder's compliance.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0450

Introduced
1/19/23  
Higher education appointments. Adds member appointments by the legislative council to the following: (1) The commission for higher education. (2) The board of trustees of the following: (A) Ball State University. (B) Indiana University. (C) Indiana State University. (D) Ivy Tech Community College of Indiana. (E) Purdue University. (F) University of Southern Indiana. (G) Vincennes University. Repeals a provision regarding appointments to the board of trustees of Purdue University.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0451

Introduced
1/19/23  
Refer
1/19/23  
Report Pass
2/14/23  
Engrossed
3/1/23  
Refer
3/6/23  
Report Pass
3/16/23  
Enrolled
3/22/23  
Passed
4/20/23  
Chaptered
4/20/23  
Carbon sequestration pilot project. Defines the term "pore space". Corrects a spelling error in the address of the carbon sequestration pilot project (pilot project). Provides that the pilot project will construct, operate, or use not more than two (2) carbon dioxide pipelines and will maintain operations only in Vigo and Vermillion counties. Requires the director of the department of natural resources to designate the operator of the carbon sequestration pilot project not more than 30 days after the Class VI well permit authorizing the operation of carbon dioxide injection wells at the site of the pilot project is issued by the U.S. Environmental Protection Agency. Provides that, for purposes of the pilot project, the title to pore space is vested in the person who holds in fee simple the surface interest in the land or water, as identified by the property records of the county, except in case of an explicit conveyance, exception, or reservation through a recorded conveyance to another person. Requires the pilot project operator, before the anticipated migration of injected carbon dioxide into pore space to notify the person who owns the pore space in fee simple of the anticipated migration of the carbon dioxide. Requires the carbon sequestration pilot project operator to make an offer of compensation to a pore space owner to provide that the offer of compensation must be at least a yearly payment of 40% of the average estimated cash rent per acre for the area of Indiana and the class of land, according to the Farmland Values and Cash Rents Survey Results published by Purdue University most recently before the offer of compensation is made, every year until the cessation of injection of carbon dioxide. Provides that a person who claims ownership of pore space may initiate non-binding mediation of the dispute with the pilot project operator concerning the pore space. Establishes a procedure for mediation and allows the pilot project operator to consolidate multiple requests for mediation into one or more mediation proceedings. Provides that if a person who claims ownership of pore space is unable to reach an agreement with the pilot project operator concerning the acquisition, lease, or occupancy of the pore space through negotiation or mediation, the person may pursue a civil action against the pilot project operator. Provides that, generally, in a civil action against the pilot project operator, the court may not grant injunctive relief, an order of possession, or monetary relief that exceeds the fair market value of pore space in Indiana. Provides, however, that these limits on monetary recovery do not apply in case of direct and tangible physical injury or damage to a person, tangible property, or an animal or in case of an effect of the pilot project on the sources of the public water supply used by a public utility. Provides that the code section authorizing the establishment of the carbon sequestration pilot project expires July 1, 2028, if the operator of the carbon sequestration pilot project is not issued a Class VI permit by the United States Environmental Protection Agency by that date.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0452

Introduced
1/19/23  
Refer
1/19/23  
Report Pass
2/2/23  
Engrossed
2/10/23  
Refer
2/28/23  
Report Pass
4/3/23  
Enrolled
4/11/23  
Passed
5/4/23  
Chaptered
5/4/23  
Consumer credit and financial institutions. Provides that a reference to federal law in: (1) the first lien mortgage lending act (act); (2) the Uniform Consumer Credit Code (UCCC); or (3) the Indiana Code title governing financial institutions; is a reference to the law as in effect December 31, 2022 (rather than December 31, 2021, under current law). Amends as follows a provision in the act that authorizes a federal savings bank to voluntarily register with the department of financial institutions (department) for the purpose of sponsoring licensed mortgage loan originators under certain circumstances: (1) Authorizes any person (rather than just a federal savings bank) that meets the requirements set forth in the provision to sponsor one or more licensed mortgage loan originators. (2) Eliminates a requirement that a sponsored individual must sell, solicit, or negotiate insurance under an exclusive written agreement for a licensed insurance company that is a subsidiary of a company that also owns or controls the federal savings bank. (3) Provides that a sponsored individual must be engaged solely as a third party loan processor or underwriter. Specifies certain requirements that a person must comply with in order to sponsor an individual under these provisions. Makes conforming amendments to: (1) the act; and (2) related provisions in the UCCC concerning subordinate lien mortgage transactions. Requires a state chartered credit union (credit union) to maintain capital consistent with the safety and soundness necessary to support the risk in the credit union's activities. Provides that the National Credit Union Administration's: (1) prompt corrective action; and (2) risk based net worth; regulations apply to all credit unions. Requires a credit union that is classified as adequately capitalized or lower to increase the dollar amount of its net worth on a quarterly basis by an amount equal to at least 0.1% of the credit union's total assets until the credit union is classified as well capitalized. Sets forth different: (1) mandatory supervisory requirements or restrictions; and (2) discretionary supervisory requirements or restrictions (to be imposed by the director of the department); with respect to a credit union, depending on the credit union's classification as undercapitalized, significantly undercapitalized, or critically undercapitalized. Directs the department to use specified statutory authority to adopt emergency rules not later than June 30, 2024, to amend the department's rule concerning mortgage lenders and originators in order to: (1) conform the rule to the bill's provisions concerning the sponsorship of licensed mortgage loan originators to engage solely as a third party loan processor or underwriter; and (2) establish a rule to allow certain persons to sponsor one or more mortgage loan originators, who are not employees of the sponsoring person, to perform mortgage loan originator activities exclusively for the sponsoring person under certain prescribed conditions.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0453

Introduced
1/19/23  
Scholarship for minority students in health care. Establishes the scholarship for minority students pursuing health care careers (scholarship) and the minority students pursuing health care careers fund (fund) for the purpose of providing scholarships to minority individuals who are working in an entry-level health care position involving direct patient care and wish to pursue a career as a licensed nurse in Indiana. Provides that the commission for higher education (commission) administers the scholarship program and the fund. Prescribes qualifications necessary to: (1) receive an initial scholarship; and (2) qualify for renewal of the scholarship. Requires a scholarship recipient to enter into a written agreement with the commission to: (1) use the scholarship solely to fund a course of study resulting in an associate's degree or certificate that enables the individual to practice as a licensed nurse in Indiana; (2) apply for a position as a licensed nurse in Indiana following the individual's licensure as a nurse; and (3) if hired, practice as a licensed nurse in Indiana for at least three years. Requires a scholarship recipient to repay the scholarship if the scholarship recipient fails to: (1) complete the scholarship recipient's program of study; or (2) complete the terms of the scholarship recipient's agreement with the commission. Provides that the amount of the scholarship awarded for an academic year is the lesser of: (1) the balance of the scholarship recipient's total cost of attendance for the academic year after the application of any other financial assistance for which the scholarship recipient qualifies; or (2) $4,000. Appropriates annually to the fund from the state general fund an amount sufficient to carry out the purposes of the scholarship program. Requires the commission to report to the general assembly not later than December 1, 2027, regarding the effect of the scholarship program.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0454

Introduced
1/19/23  
Eligibility for senior property tax deduction. Increases the adjusted gross income threshold for an individual at least 65 years of age to obtain a deduction from the assessed value of the individual's real property from $30,000 to $44,000. Increases the threshold for an individual at least 65 years of age filing a joint return from $40,000 to $88,000. Increases the combined adjusted gross income threshold for an individual at least 65 years of age and all other individuals with whom the individual shares ownership as joint tenants or tenants in common from $40,000 to $88,000.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0455

Introduced
1/19/23  
Limitation of liability for DCS contractors. Limits the civil liability of contractors that provide specified services under a contract with the department of child services (DCS).
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0456

Introduced
1/19/23  
Telephone services for incarcerated individuals. Provides that neither an inmate of a correctional facility nor a member of the inmate's immediate family may be assessed a charge or fee for a telephone call made by the inmate to the immediate family member.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0457

Introduced
1/19/23  
Medicaid waiver reimbursement for direct care. Requires the office of the secretary of family and social services to apply for an amendment to specified Medicaid waivers to increase reimbursement rates for services provided by direct care staff. Sets forth the manner in which the increased reimbursement may be expended and sets requirements on authorized service providers as a condition to retaining the additional reimbursement.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0458

Introduced
1/19/23  
Refer
1/19/23  
Report Pass
2/2/23  
Engrossed
2/22/23  
Refer
2/28/23  
Report Pass
3/30/23  
Enrolled
4/6/23  
Passed
5/4/23  
Chaptered
5/4/23  
Money transmitters. Effective January 1, 2024, repeals the Indiana Code chapter governing the licensing and regulation of money transmitters by the department of financial institutions (department). Adds to the Indiana Code a new chapter codifying the Money Transmission Modernization Act (Act), to take effect January 1, 2024, and to be administered by the division of consumer credit within the department. Sets forth provisions contained in the Act that address the following: (1) Purposes of the Act. (2) Definitions of terms. (3) Exemptions from the Act's requirements. (4) The supervisory authority of the department under the Act. (5) The licensing of money transmitters. (6) The acquisition of control of a licensee. (7) Reporting and records requirements. (8) Authorized delegates of licensees. (9) Refunds of, and receipts for, money received for transmission. (10) Prudential standards for licensees. (11) The enforcement authority of the department. (12) The application of the Act to licensees that have been issued a license under the current statute. (13) Criminal penalties. Makes conforming references to provisions in the Indiana Code that cite the current money transmission statute.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0459

Introduced
1/19/23  
Bail. Provides that a court, in setting bail, shall consider all relevant information available to the court. Removes a provision requiring a court to consider releasing a defendant without money bail under certain circumstances, and prohibits a court from releasing certain arrestees without money bail. Provides that a court is not required to administer a pretrial risk assessment to an arrestee if doing so will unduly delay the consideration of an appropriate amount of bail for an arrestee. (Under current law, a court is not required to administer an assessment if doing so will delay the arrestee's release.)
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0460

Introduced
1/19/23  
Refer
1/19/23  
Refer
2/7/23  
Report Pass
2/23/23  
Engrossed
3/1/23  
Indiana historical murals. Requires the governor to administer a program under which historical murals depicting milestones in Indiana's history as a territory and a state will be created and permanently displayed in prominent places around the state capitol campus in celebration of the 2026 semiquincentennial of the United States. Provides that the governor shall consult with specified individuals concerning the selection of historical murals for placement around the state capitol campus, at least one of whom must be an individual from a minority group. Empowers the governor, in collaboration with the department of administration, to decide the number and size of the historical murals, the locations where the historical murals will be displayed, the milestones of Indiana history to be depicted, and the design and terms of the competitive process through which artists will be chosen to create the historical murals. Specifies that the department of administration shall do the following: (1) Determine the manner by which a mural is displayed. (2) Provide for the mural's maintenance and upkeep. (3) Ensure that each label or plaque that will be fixed on or near each historical mural is accessible to an individual who has a vision impairment or a hearing impairment.
IN

Indiana 2023 Regular Session

Indiana Senate Bill SB0461

Introduced
1/19/23  
Refer
1/19/23  
Short term rentals. Permits a unit to charge a $25 annual short term rental inspection fee.

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