3341 | | - | Budget Form Application 440,000 0 |
---|
3342 | | - | State Distribution PP App 175,000 0 |
---|
3343 | | - | Technical Debt Resolution 243,000 243,000 |
---|
3344 | | - | Property Tax Billing Model 470,000 0 |
---|
3345 | | - | DEPARTMENT OF ADMINISTRATION |
---|
3346 | | - | Preventive Maintenance 6,471,634 7,026,466 |
---|
3347 | | - | Repair and Rehabilitation 38,984,801 26,956,996 |
---|
3348 | | - | State Construction Fund (IC 9-13-2-173.1) |
---|
3349 | | - | Re-Entry Ed Facility Demolition 1,500,000 0 |
---|
3350 | | - | IGC Campus Safety Modernization 3,000,000 0 |
---|
3351 | | - | Demolition Fund 5,000,000 0 |
---|
3352 | | - | DEPARTMENT OF ADMINISTRATION - LEASES |
---|
3353 | | - | Neuro-Diagnostic Inst Capital Lease12,385,420 12,385,541 |
---|
3354 | | - | OFFICE OF ADMINISTRATIVE LAW PROCEEDINGS |
---|
3355 | | - | Case Management System 190,000 0 |
---|
3356 | | - | B. PUBLIC SAFETY |
---|
3357 | | - | (1) LAW ENFORCEMENT |
---|
3358 | | - | INDIANA STATE POLICE |
---|
3359 | | - | Preventive Maintenance 1,588,022 2,205,674 |
---|
3360 | | - | Law Enforcement Radios 23,250,000 0 |
---|
3361 | | - | State Construction Fund (IC 9-13-2-173.1) |
---|
3362 | | - | Repair and Rehabilitation 3,105,000 4,110,000 |
---|
3363 | | - | LAW ENFORCEMENT TRAINING BOARD |
---|
3364 | | - | Preventive Maintenance 230,000 230,000 |
---|
3365 | | - | FF&E for Renovated Academy 0 5,000,000 |
---|
3366 | | - | State Construction Fund (IC 9-13-2-173.1) |
---|
3367 | | - | Repair and Rehabilitation 172,700 310,000 |
---|
3368 | | - | CRIMINAL JUSTICE INSTITUTE |
---|
3369 | | - | Victim's Compensation System Upgrade800,000 0 |
---|
3370 | | - | ADJUTANT GENERAL |
---|
3371 | | - | Preventive Maintenance 1,941,079 1,941,079 |
---|
3372 | | - | State Construction Fund (IC 9-13-2-173.1) |
---|
3373 | | - | Repair and Rehabilitation 4,801,544 4,629,053 |
---|
3374 | | - | Hamilton County RC Phase II 23,786,946 0 |
---|
3375 | | - | Columbus RC Modernization 5,975,000 0 |
---|
3376 | | - | Bloomington RC Modernization 3,474,500 0 |
---|
3377 | | - | LaPorte RC Modernization 0 2,373,500 |
---|
3378 | | - | Vincennes RC Modernization 0 2,603,000 |
---|
3379 | | - | ALCOHOL & TOBACCO COMMISSION |
---|
3380 | | - | Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3) |
---|
3381 | | - | Law Enforcement Radios 850,000 0 |
---|
3382 | | - | INTEGRATED PUBLIC SAFETY COMMISSION |
---|
3383 | | - | HEA 1001 — CC 1 |
---|
3384 | | - | 82 FY 2023-2024 FY 2024-2025 Biennial |
---|
3385 | | - | Appropriation AppropriationAppropriation |
---|
3386 | | - | Preventive Maintenance 500,000 500,000 |
---|
3387 | | - | Repair and Rehabilitation 5,409,308 457,600 |
---|
3388 | | - | Integrated Public Safety Communications Fund (IC 5-26-4-1) |
---|
3389 | | - | IPSC Radios 1,000,000 1,000,000 |
---|
3390 | | - | (2) CORRECTIONS |
---|
3391 | | - | DEPARTMENT OF CORRECTION |
---|
3392 | | - | Agency Wide Technology Upgrade 5,196,103 5,196,103 |
---|
3393 | | - | STATE PRISON |
---|
3394 | | - | Preventive Maintenance 537,625 537,625 |
---|
3395 | | - | Repair and Rehabilitation 0 1,200,000 |
---|
3396 | | - | PENDLETON CORRECTIONAL FACILITY |
---|
3397 | | - | Preventive Maintenance 635,375 635,375 |
---|
3398 | | - | Repair and Rehabilitation 4,220,000 0 |
---|
3399 | | - | WOMEN'S PRISON |
---|
3400 | | - | Preventive Maintenance 175,950 175,950 |
---|
3401 | | - | Repair and Rehabilitation 1,066,356 0 |
---|
3402 | | - | NEW CASTLE CORRECTIONAL FACILITY |
---|
3403 | | - | Preventive Maintenance 805,000 805,000 |
---|
3404 | | - | Repair and Rehabilitation 0 300,000 |
---|
3405 | | - | PUTNAMVILLE CORRECTIONAL FACILITY |
---|
3406 | | - | Preventive Maintenance 430,100 430,100 |
---|
3407 | | - | Repair and Rehabilitation 10,083,300 0 |
---|
3408 | | - | BRANCHVILLE CORRECTIONAL FACILITY |
---|
3409 | | - | Preventive Maintenance 193,545 193,545 |
---|
3410 | | - | Repair and Rehabilitation 0 202,000 |
---|
3411 | | - | WESTVILLE CORRECTIONAL FACILITY |
---|
3412 | | - | Preventive Maintenance 508,300 508,300 |
---|
3413 | | - | ROCKVILLE CORRECTIONAL FACILITY |
---|
3414 | | - | Preventive Maintenance 244,375 244,375 |
---|
3415 | | - | PLAINFIELD CORRECTIONAL FACILITY |
---|
3416 | | - | Preventive Maintenance 305,469 305,469 |
---|
3417 | | - | Repair and Rehabilitation 0 3,177,410 |
---|
3418 | | - | RECEPTION AND DIAGNOSTIC CENTER |
---|
3419 | | - | Preventive Maintenance 102,638 102,638 |
---|
3420 | | - | Repair and Rehabilitation 0 231,000 |
---|
3421 | | - | CORRECTIONAL INDUSTRIAL FACILITY |
---|
3422 | | - | Preventive Maintenance 293,250 293,250 |
---|
3423 | | - | Repair and Rehabilitation 0 477,662 |
---|
3424 | | - | WABASH VALLEY CORRECTIONAL FACILITY |
---|
3425 | | - | Preventive Maintenance 296,406 296,406 |
---|
3426 | | - | CHAIN O' LAKES CORRECTIONAL FACILITY |
---|
3427 | | - | Preventive Maintenance 58,650 58,650 |
---|
3428 | | - | MADISON CORRECTIONAL FACILITY |
---|
3429 | | - | HEA 1001 — CC 1 |
---|
3430 | | - | 83 FY 2023-2024 FY 2024-2025 Biennial |
---|
3431 | | - | Appropriation AppropriationAppropriation |
---|
3432 | | - | Preventive Maintenance 542,512 542,512 |
---|
3433 | | - | Repair and Rehabilitation 0 190,000 |
---|
3434 | | - | MIAMI CORRECTIONAL FACILITY |
---|
3435 | | - | Preventive Maintenance 439,875 439,875 |
---|
3436 | | - | LAPORTE JUVENILE CORRECTIONAL FACILITY |
---|
3437 | | - | Preventive Maintenance 39,100 39,100 |
---|
3438 | | - | EDINBURGH CORRECTIONAL FACILITY |
---|
3439 | | - | Preventive Maintenance 39,100 39,100 |
---|
3440 | | - | PENDLETON JUVENILE CORRECTIONAL FACILITY |
---|
3441 | | - | Preventive Maintenance 146,625 146,625 |
---|
3442 | | - | NORTH CENTRAL JUVENILE CORRECTIONAL FACILITY |
---|
3443 | | - | Preventive Maintenance 58,650 58,650 |
---|
3444 | | - | Repair and Rehabilitation 0 405,000 |
---|
3445 | | - | SOUTH BEND WORK RELEASE CENTER |
---|
3446 | | - | Preventive Maintenance 48,875 48,875 |
---|
3447 | | - | HERITAGE TRAIL CORRECTIONAL FACILITY |
---|
3448 | | - | Preventive Maintenance 219,938 219,938 |
---|
3449 | | - | Repair and Rehabilitation 1,305,000 350,000 |
---|
3450 | | - | (3) REGULATORY & LICENSING |
---|
3451 | | - | PROFESSIONAL LICENSING AGENCY |
---|
3452 | | - | Call Center Build-Out 160,000 0 |
---|
3453 | | - | MOTOR VEHICLES COMMISSION |
---|
3454 | | - | Bureau of Motor Vehicles Commission Fund (IC 9-14-14-1) |
---|
3455 | | - | Repair and Rehabilitation 2,250,000 2,000,000 |
---|
3456 | | - | BMVC System Planning 500,000 0 |
---|
3457 | | - | DEPARTMENT OF HOMELAND SECURITY |
---|
3458 | | - | Local Firefighter Training Facilities 7,700,000 0 |
---|
3459 | | - | C. CONSERVATION AND ENVIRONMENT |
---|
3460 | | - | DEPARTMENT OF NATURAL RESOURCES - GENERAL ADMINISTRATION |
---|
3461 | | - | Preventive Maintenance 108,500 108,500 |
---|
3462 | | - | Division of Water Database Upgrade 1,300,000 0 |
---|
3463 | | - | Trails 30,000,000 0 |
---|
3464 | | - | State Construction Fund (IC 9-13-2-173.1) |
---|
3465 | | - | Repair and Rehabilitation 4,100,917 4,100,917 |
---|
3466 | | - | FISH AND WILDLIFE |
---|
3467 | | - | Preventive Maintenance 1,705,000 1,705,000 |
---|
3468 | | - | FORESTRY |
---|
3469 | | - | Preventive Maintenance 1,677,500 1,677,500 |
---|
3470 | | - | State Construction Fund (IC 9-13-2-173.1) |
---|
3471 | | - | Repair and Rehabilitation 4,500,000 0 |
---|
3472 | | - | NATURE PRESERVES |
---|
3473 | | - | HEA 1001 — CC 1 |
---|
3474 | | - | 84 FY 2023-2024 FY 2024-2025 Biennial |
---|
3475 | | - | Appropriation AppropriationAppropriation |
---|
3476 | | - | Preventive Maintenance 645,275 645,275 |
---|
3477 | | - | STATE PARKS AND RESERVOIR MANAGEMENT |
---|
3478 | | - | Preventive Maintenance 4,490,000 4,490,000 |
---|
3479 | | - | State Construction Fund (IC 9-13-2-173.1) |
---|
3480 | | - | Repair and Rehabilitation 2,240,000 1,000,000 |
---|
3481 | | - | Lincoln Amphitheater 4,600,000 0 |
---|
3482 | | - | ENGINEERING DIVISION |
---|
3483 | | - | Preventive Maintenance 30,000 30,000 |
---|
3484 | | - | State Construction Fund (IC 9-13-2-173.1) |
---|
3485 | | - | Repair and Rehabilitation 900,000 450,000 |
---|
3486 | | - | DIVISION OF WATER |
---|
3487 | | - | Preventive Maintenance 30,000 30,000 |
---|
3488 | | - | State Construction Fund (IC 9-13-2-173.1) |
---|
3489 | | - | Repair and Rehabilitation 0 645,000 |
---|
3490 | | - | ENFORCEMENT |
---|
3491 | | - | Preventive Maintenance 297,000 297,000 |
---|
3492 | | - | State Construction Fund (IC 9-13-2-173.1) |
---|
3493 | | - | Repair and Rehabilitation 0 360,000 |
---|
3494 | | - | ENTOMOLOGY |
---|
3495 | | - | Preventive Maintenance 151,250 151,250 |
---|
3496 | | - | INDIANA STATE MUSEUM AND HISTORIC SITES CORPORATION |
---|
3497 | | - | Preventive Maintenance 645,029 709,532 |
---|
3498 | | - | Capital Fundraising Match - R & R 1,000,000 1,000,000 |
---|
3499 | | - | Repair and Rehabilitation 1,584,400 433,000 |
---|
3500 | | - | Whitewater Canal Rehabilitation 7,000,000 0 |
---|
3501 | | - | The above appropriation represents the state match for the Whitewater Canal rehabilitation |
---|
3502 | | - | project. Subject to budget committee review, the budget agency may not allot any |
---|
3503 | | - | funds for the project until the Indiana State Museum and Historic Sites Corporation |
---|
3504 | | - | can demonstrate that at least $7,000,000 has been raised for the project from private |
---|
3505 | | - | donations or contributions from local units of government. |
---|
3506 | | - | WAR MEMORIALS COMMISSION |
---|
3507 | | - | Preventive Maintenance 1,200,000 1,200,000 |
---|
3508 | | - | State Construction Fund (IC 9-13-2-173.1) |
---|
3509 | | - | Repair and Rehabilitation 12,830,000 10,006,550 |
---|
3510 | | - | WHITE RIVER STATE PARK |
---|
3511 | | - | Preventive Maintenance 469,250 469,250 |
---|
3512 | | - | Repair and Rehabilitation 2,500,000 0 |
---|
3513 | | - | DEPARTMENT OF ENVIRONMENTAL MANAGEMENT |
---|
3514 | | - | IDEM Technology Imp Projects 5,500,000 0 |
---|
3515 | | - | MAUMEE RIVER BASIN COMMISSION |
---|
3516 | | - | Repair and Rehabilitation 550,000 150,000 |
---|
3517 | | - | D. ECONOMIC AND WORKFORCE DEVELOPMENT |
---|
3518 | | - | HEA 1001 — CC 1 |
---|
3519 | | - | 85 FY 2023-2024 FY 2024-2025 Biennial |
---|
3520 | | - | Appropriation AppropriationAppropriation |
---|
3521 | | - | INDIANA ECONOMIC DEVELOPMENT CORPORATION |
---|
3522 | | - | READI 2.0 250,000,000 250,000,000 |
---|
3523 | | - | Site Acquisition Strategies 150,000,000 0 |
---|
3524 | | - | If the corporation sells a property acquired with funds from the above appropriation, |
---|
3525 | | - | the proceeds from the sale shall be deposited in the general fund. The budget agency |
---|
3526 | | - | may, after budget committee review, transfer the proceeds from a sale to a revolving |
---|
3527 | | - | fund for future site acquisitions by the corporation. |
---|
3528 | | - | INDIANA STATE FAIR |
---|
3529 | | - | Preventive Maintenance 1,201,750 1,201,750 |
---|
3530 | | - | Repair and Rehabilitation 6,421,800 3,458,636 |
---|
3531 | | - | State Construction Fund (IC 9-13-2-173.1) |
---|
3532 | | - | Fairgrounds Entry and Indoor Track19,797,627 0 |
---|
3533 | | - | Perimeter Fence Line Project 9,000,000 0 |
---|
3534 | | - | Pioneer Village Renovation State Match1,000,000 0 |
---|
3535 | | - | DEPARTMENT OF WORKFORCE DEVELOPMENT |
---|
3536 | | - | Applied Workforce Data Initiative 4,000,000 4,000,000 |
---|
3537 | | - | Employment Security Special Fund |
---|
3538 | | - | Preventive Maintenance 250,000 250,000 |
---|
3539 | | - | E. TRANSPORTATION |
---|
3540 | | - | INDOT LAND AND AERIAL SURVEY OFFICE |
---|
3541 | | - | InCORS System 900,000 0 |
---|
3542 | | - | DEPARTMENT OF TRANSPORTATION - BUILDINGS AND GROUNDS |
---|
3543 | | - | State Highway Fund (IC 8-23-9-54) |
---|
3544 | | - | Preventive Maintenance 2,548,000 2,548,000 |
---|
3545 | | - | Repair and Rehabilitation 16,130,000 5,000,000 |
---|
3546 | | - | A&E Fee Gary Unit/Salt Bldg 580,000 0 |
---|
3547 | | - | Const. of the Gary Unit/Salt Bldg 0 11,600,000 |
---|
3548 | | - | A&E Fee Frankfort Subdistrict Renv. 0 510,000 |
---|
3549 | | - | A&E Fee for Jasper Unit/Salt Bldg 0 500,000 |
---|
3550 | | - | Const. of the Roselawn Unit/Salt Bldg9,800,000 0 |
---|
3551 | | - | Capital Land Purchase 250,000 250,000 |
---|
3552 | | - | INDOT Radios 3,000,000 0 |
---|
3553 | | - | F. FAMILY AND SOCIAL SERVICES, HEALTH, AND VETERANS' AFFAIRS |
---|
3554 | | - | (1) FAMILY AND SOCIAL SERVICES ADMINISTRATION |
---|
3555 | | - | FSSA - DIVISION OF MENTAL HEALTH |
---|
3556 | | - | HEA 1001 — CC 1 |
---|
3557 | | - | 86 FY 2023-2024 FY 2024-2025 Biennial |
---|
3558 | | - | Appropriation AppropriationAppropriation |
---|
3559 | | - | Repair and Rehabilitation 3,018,010 0 |
---|
3560 | | - | EVANSVILLE PSYCHIATRIC CHILDREN'S CENTER |
---|
3561 | | - | Preventive Maintenance 36,500 36,500 |
---|
3562 | | - | EVANSVILLE STATE HOSPITAL |
---|
3563 | | - | Preventive Maintenance 391,162 391,162 |
---|
3564 | | - | Repair and Rehabilitation 454,780 261,200 |
---|
3565 | | - | LOGANSPORT STATE HOSPITAL |
---|
3566 | | - | Preventive Maintenance 491,572 491,572 |
---|
3567 | | - | Repair and Rehabilitation 908,993 1,097,214 |
---|
3568 | | - | State Construction Fund (IC 9-13-2-173.1) |
---|
3569 | | - | LSH Steam Plant Decommissioning 0 5,868,940 |
---|
3570 | | - | MADISON STATE HOSPITAL |
---|
3571 | | - | Preventive Maintenance 464,104 464,104 |
---|
3572 | | - | Repair and Rehabilitation 0 249,900 |
---|
3573 | | - | RICHMOND STATE HOSPITAL |
---|
3574 | | - | Preventive Maintenance 550,000 550,000 |
---|
3575 | | - | Repair and Rehabilitation 1,535,000 610,000 |
---|
3576 | | - | NEURODIAGNOSTIC INSTITUTE |
---|
3577 | | - | Preventive Maintenance 475,810 475,810 |
---|
3578 | | - | (2) PUBLIC HEALTH |
---|
3579 | | - | DEPARTMENT OF HEALTH |
---|
3580 | | - | Tobacco Master Settlement Agreement Fund (IC 4-12-1-14.3) |
---|
3581 | | - | Public Health Emergency Radios 475,000 0 |
---|
3582 | | - | SCHOOL FOR THE DEAF |
---|
3583 | | - | Preventive Maintenance 750,000 750,000 |
---|
3584 | | - | SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED |
---|
3585 | | - | Preventive Maintenance 750,000 750,000 |
---|
3586 | | - | (3) VETERANS' AFFAIRS |
---|
3587 | | - | DEPARTMENT OF VETERANS' AFFAIRS |
---|
3588 | | - | Preventive Maintenance 69,700 69,700 |
---|
3589 | | - | INDIANA VETERANS' HOME |
---|
3590 | | - | Veterans' Home Building Fund (IC 10-17-9-7) |
---|
3591 | | - | Preventive Maintenance 637,500 637,500 |
---|
3592 | | - | Repair and Rehabilitation 250,000 250,000 |
---|
3593 | | - | Key Card Access System 350,000 0 |
---|
3594 | | - | G. EDUCATION |
---|
3595 | | - | HIGHER EDUCATION |
---|
3596 | | - | COMMISSION FOR HIGHER EDUCATION |
---|
3597 | | - | HEA 1001 — CC 1 |
---|
3598 | | - | 87 FY 2023-2024 FY 2024-2025 Biennial |
---|
3599 | | - | Appropriation AppropriationAppropriation |
---|
3600 | | - | Martin University 2,500,000 2,500,000 |
---|
3601 | | - | Subject to budget committee review, the above appropriations shall be awarded by |
---|
3602 | | - | the commission as grants to Martin University. Martin University must demonstrate |
---|
3603 | | - | to the commission that the grants will be used to attract and retain students pursuing |
---|
3604 | | - | careers in high-demand professions including but not limited to teaching, law enforcement, |
---|
3605 | | - | and careers in the field of science, technology, engineering, and math. |
---|
3606 | | - | College Success Program |
---|
3607 | | - | Total Operating Expense 2,500,000 2,500,000 |
---|
3608 | | - | Subject to budget committee review, the above appropriations shall be used for college |
---|
3609 | | - | success programs including capital investments for minority and first generation |
---|
3610 | | - | low income students attending a public or private four year post secondary educational |
---|
3611 | | - | institution with a physical presence in Indiana. |
---|
3612 | | - | Pokagon Band Tribal-State Compact Fund (IC 4-12-1-20) |
---|
3613 | | - | Heartland/Anderson Scholar House 2,000,000 0 |
---|
3614 | | - | INDIANA UNIVERSITY - TOTAL SYSTEM |
---|
3615 | | - | Repair and Rehabilitation 18,886,280 18,886,280 |
---|
3616 | | - | Regional Deferred Maintenance 0 9,775,862 |
---|
3617 | | - | PURDUE UNIVERSITY - TOTAL SYSTEM |
---|
3618 | | - | Repair and Rehabilitation 15,101,111 15,101,111 |
---|
3619 | | - | Regional Deferred Maintenance 0 4,224,138 |
---|
3620 | | - | INDIANA STATE UNIVERSITY |
---|
3621 | | - | Repair and Rehabilitation 1,932,790 1,932,790 |
---|
3622 | | - | UNIVERSITY OF SOUTHERN INDIANA |
---|
3623 | | - | Repair and Rehabilitation 1,483,291 1,483,291 |
---|
3624 | | - | BALL STATE UNIVERSITY |
---|
3625 | | - | Repair and Rehabilitation 3,921,090 3,921,090 |
---|
3626 | | - | VINCENNES UNIVERSITY |
---|
3627 | | - | Repair and Rehabilitation 1,227,440 1,227,440 |
---|
3628 | | - | IVY TECH COMMUNITY COLLEGE |
---|
3629 | | - | Repair and Rehabilitation 4,468,850 4,468,850 |
---|
3630 | | - | SECTION 31. [EFFECTIVE JULY 1, 2023] |
---|
3631 | | - | The budget agency may employ one (1) or more architects or engineers to inspect |
---|
3632 | | - | construction, rehabilitation, and repair projects covered by the appropriations |
---|
3633 | | - | in this act or previous acts. |
---|
3634 | | - | SECTION 32. [EFFECTIVE UPON PASSAGE] |
---|
3635 | | - | If any part of a construction or rehabilitation and repair appropriation made by |
---|
3636 | | - | HEA 1001 — CC 1 |
---|
3637 | | - | 88 this act or any previous acts has not been allotted or encumbered before the expiration |
---|
3638 | | - | of the biennium, the budget agency may determine that the balance of the appropriation |
---|
3639 | | - | is not available for allotment. The appropriation may be terminated, and the balance |
---|
3640 | | - | may revert to the fund from which the original appropriation was made. |
---|
3641 | | - | SECTION 33. [EFFECTIVE JULY 1, 2023] |
---|
3642 | | - | The budget agency may retain balances in the mental health fund at the end of any |
---|
3643 | | - | fiscal year to ensure there are sufficient funds to meet the service needs of the |
---|
3644 | | - | developmentally disabled and the mentally ill in any year. |
---|
3645 | | - | SECTION 34. [EFFECTIVE JULY 1, 2023] |
---|
3646 | | - | If the budget director determines at any time during the biennium that the executive |
---|
3647 | | - | branch of state government cannot meet its statutory obligations due to insufficient |
---|
3648 | | - | funds in the general fund, then notwithstanding IC 4-10-18, the budget agency, with |
---|
3649 | | - | the approval of the governor and after review by the budget committee, may transfer |
---|
3650 | | - | from the counter-cyclical revenue and economic stabilization fund to the general fund |
---|
3651 | | - | any additional amount necessary to maintain a positive balance in the general fund. |
---|
3652 | | - | SECTION 35. IC 2-2.1-1-1, AS AMENDED BY P.L.64-2021, SECTION 2, IS AMENDED TO READ |
---|
3653 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. The following definitions apply throughout this |
---|
3654 | | - | chapter: |
---|
3655 | | - | (1) "Bill" includes a bill and a joint resolution. |
---|
3656 | | - | (2) "Term of the general assembly" means that two (2) year period of time extending from the first |
---|
3657 | | - | Wednesday after the first Monday in November of any even-numbered year until, but not including, |
---|
3658 | | - | the first Wednesday after the first Monday in November of the next even-numbered year. |
---|
3659 | | - | (3) "Session" refers to any of the following: |
---|
3660 | | - | (A) A regular session of the general assembly. |
---|
3661 | | - | (B) A regular technical session of the general assembly. |
---|
3662 | | - | (C) An emergency session of the general assembly convened under IC 2-2.1-1.2. |
---|
3663 | | - | (D) (C) A special session of the general assembly. |
---|
3664 | | - | (4) "Special session" means that period of time during which the general assembly is convened in |
---|
3665 | | - | session upon the proclamation and call of the governor under Article 4, Section 9 of the Constitution |
---|
3666 | | - | of the State of Indiana. |
---|
3667 | | - | SECTION 36. IC 2-2.1-1-2, AS AMENDED BY P.L.133-2021, SECTION 2, IS AMENDED TO |
---|
3668 | | - | READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The first regular session of each term |
---|
3669 | | - | of the general assembly shall convene on the third Tuesday after the first Monday of November of each |
---|
3670 | | - | even-numbered year to do the following: |
---|
3671 | | - | (1) Organize itself. |
---|
3672 | | - | (2) Elect its officers. |
---|
3673 | | - | (3) Receive the oath of office. |
---|
3674 | | - | (b) If a special session is called before the date set in subsection (a), then the organization, election, |
---|
3675 | | - | and receiving the oath of office shall be held on the first day of the special session. |
---|
3676 | | - | (c) The general assembly shall then adjourn until a day: |
---|
3677 | | - | HEA 1001 — CC 1 |
---|
3678 | | - | 89 (1) certain fixed by a concurrent resolution; or |
---|
3679 | | - | (2) when the gavel of each house falls in the presence of a quorum whether or not a day certain to |
---|
3680 | | - | reconvene in session has been fixed. |
---|
3681 | | - | (d) The general assembly shall reconvene in session no later than the second fourth Monday in |
---|
3682 | | - | January of the following year. |
---|
3683 | | - | (e) The first regular session of each term of the general assembly shall adjourn sine die as follows: (1) |
---|
3684 | | - | Not later than November 15 in calendar year 2021. (2) not later than April 29 in any odd-numbered year |
---|
3685 | | - | beginning after December 31, 2022. |
---|
3686 | | - | SECTION 37. IC 2-2.1-1-2.5, AS AMENDED BY P.L.133-2021, SECTION 3, IS AMENDED TO |
---|
3687 | | - | READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) This section does not apply in |
---|
3688 | | - | calendar year 2021. |
---|
3689 | | - | (b) (a) Before the first regular session adjourns sine die, the general assembly may adopt a concurrent |
---|
3690 | | - | resolution to fix a day to convene the first regular technical session of the general assembly. The day fixed |
---|
3691 | | - | under this subsection may not be earlier than thirty (30) days after the first regular session adjourns sine |
---|
3692 | | - | die. The first regular technical session of the general assembly shall convene on the second Tuesday |
---|
3693 | | - | after the first Monday in June of each odd-numbered year. |
---|
3694 | | - | (c) (b) Only the following may be considered and acted upon during a first regular technical session: |
---|
3695 | | - | (1) Bills enacted during the first regular session vetoed by the governor. |
---|
3696 | | - | (2) Bills to correct conflicts among bills enacted during the first regular session. |
---|
3697 | | - | (3) Bills to correct technical errors in bills enacted during the first regular session. |
---|
3698 | | - | (d) (c) The first regular technical session must adjourn sine die before midnight after it convenes. |
---|
3699 | | - | (e) (d) The concurrent resolution adopted under subsection (b) may provide that The first regular |
---|
3700 | | - | technical session is not required to convene if the speaker of the house of representatives and the |
---|
3701 | | - | president pro tempore of the senate jointly issue an order finding that the purposes for which a regular |
---|
3702 | | - | technical session may meet under subsection (c) subsection (b) do not justify the cost and inconvenience |
---|
3703 | | - | of meeting in a regular technical session. |
---|
3704 | | - | (f) (e) If the general assembly does not meet in a regular technical session under this section, the |
---|
3705 | | - | general assembly shall consider and act upon vetoes of bills enacted during the first regular session at the |
---|
3706 | | - | next second regular session. |
---|
3707 | | - | (g) (f) For purposes of Article 5, Section 14 of the Constitution of the State of Indiana, the first regular |
---|
3708 | | - | technical session is not considered a regular session if the general assembly does not consider or act upon |
---|
3709 | | - | vetoes of bills enacted during the first regular session under this section. |
---|
3710 | | - | SECTION 38. IC 2-2.1-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON |
---|
3711 | | - | PASSAGE]: Sec. 3. (a) The second regular session of each term of the general assembly shall convene |
---|
3712 | | - | on the third Tuesday after the first Monday of November of each odd-numbered year. The general |
---|
3713 | | - | assembly shall then adjourn until a day: |
---|
3714 | | - | (1) certain fixed by a concurrent resolution; or |
---|
3715 | | - | (2) when the gavel of each house falls in the presence of a quorum whether or not a day certain to |
---|
3716 | | - | reconvene in session has been fixed. |
---|
3717 | | - | (b) The general assembly shall reconvene in session no later than the second fourth Monday in |
---|
3718 | | - | January of the following year. The second regular session of each term of the general assembly shall |
---|
3719 | | - | adjourn sine die not later than March 14 in any even-numbered year. |
---|
3720 | | - | SECTION 39. IC 2-2.1-1-3.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON |
---|
3721 | | - | PASSAGE]: Sec. 3.5. (a) Before the second regular session adjourns sine die, the general assembly may |
---|
3722 | | - | HEA 1001 — CC 1 |
---|
3723 | | - | 90 adopt a concurrent resolution to fix a day to convene the second regular technical session of the general |
---|
3724 | | - | assembly. The day fixed under this subsection may not be earlier than thirty (30) days after the second |
---|
3725 | | - | regular session adjourns sine die. The second regular technical session of the general assembly shall |
---|
3726 | | - | convene on the second Tuesday after the first Monday in May of each even-numbered year. |
---|
3727 | | - | (b) Only the following may be considered and acted upon during a second regular technical session: |
---|
3728 | | - | (1) Bills enacted during the second regular session vetoed by the governor. |
---|
3729 | | - | (2) Bills to correct conflicts among bills enacted during the second regular session. |
---|
3730 | | - | (3) Bills to correct technical errors in bills enacted during the second regular session. |
---|
3731 | | - | (c) The second regular technical session must adjourn sine die before midnight after it convenes. |
---|
3732 | | - | (d) The concurrent resolution adopted under subsection (a) may provide that The second regular |
---|
3733 | | - | technical session is not required to convene if the speaker of the house of representatives and the |
---|
3734 | | - | president pro tempore of the senate jointly issue an order finding that the purposes for which a regular |
---|
3735 | | - | technical session may meet under subsection (b) do not justify the cost and inconvenience of meeting in |
---|
3736 | | - | a regular technical session. |
---|
3737 | | - | (e) If the general assembly does not meet in a regular technical session under this section, the general |
---|
3738 | | - | assembly may consider and act upon vetoes of bills enacted during the second regular session at the next |
---|
3739 | | - | first regular session. |
---|
3740 | | - | (f) For purposes of Article 5, Section 14 of the Constitution of the State of Indiana, the second regular |
---|
3741 | | - | technical session is not considered a regular session if the general assembly does not consider or act upon |
---|
3742 | | - | vetoes of bills enacted during the second regular session under this section. |
---|
3743 | | - | SECTION 40. IC 2-2.1-1.2-2 IS REPEALED [EFFECTIVE UPON PASSAGE]. Sec. 2. As used in this |
---|
3744 | | - | chapter, "emergency session" refers to a session of the general assembly convened under this chapter. |
---|
3745 | | - | SECTION 41. IC 2-2.1-1.2-4 IS REPEALED [EFFECTIVE UPON PASSAGE]. Sec. 4. As used in this |
---|
3746 | | - | chapter, "presiding officer" refers to the following: |
---|
3747 | | - | (1) For the house of representatives, the speaker of the house. |
---|
3748 | | - | (2) For the senate, the president pro tempore of the senate. |
---|
3749 | | - | SECTION 42. IC 2-2.1-1.2-7 IS REPEALED [EFFECTIVE UPON PASSAGE]. Sec. 7. (a) The general |
---|
3750 | | - | assembly shall convene under this chapter if the legislative council adopts a resolution that finds all of |
---|
3751 | | - | the following: |
---|
3752 | | - | (1) The governor has declared a state of emergency that the legislative council determines has a |
---|
3753 | | - | statewide impact. |
---|
3754 | | - | (2) It is necessary for the general assembly to address the state of emergency with legislative action. |
---|
3755 | | - | (3) It is necessary for the general assembly to convene an emergency session, in accordance with its |
---|
3756 | | - | authority to determine the length and frequency of legislative sessions under Article 4, Section 9 of |
---|
3757 | | - | the Constitution of the State of Indiana. |
---|
3758 | | - | (b) A resolution of the legislative council adopted under this section must state all of the following: |
---|
3759 | | - | (1) The reasons that it is necessary for the general assembly to convene to address the state of |
---|
3760 | | - | emergency. |
---|
3761 | | - | (2) The date, time, and place that each house of the general assembly will convene. |
---|
3762 | | - | (3) The general assembly's agenda for addressing the state of emergency. |
---|
3763 | | - | (c) The legislative services agency shall file a copy of the legislative council's resolution with the |
---|
3764 | | - | secretary of state. |
---|
3765 | | - | SECTION 43. IC 2-2.1-1.2-8 IS REPEALED [EFFECTIVE UPON PASSAGE]. Sec. 8. The presiding |
---|
3766 | | - | officers shall convene their respective houses in session on the date, time, and place specified in the |
---|
3767 | | - | HEA 1001 — CC 1 |
---|
3768 | | - | 91 legislative council's resolution. |
---|
3769 | | - | SECTION 44. IC 2-2.1-1.2-9 IS REPEALED [EFFECTIVE UPON PASSAGE]. Sec. 9. (a) An |
---|
3770 | | - | emergency session may not continue for more than forty (40) calendar days after the day the session first |
---|
3771 | | - | convenes. |
---|
3772 | | - | (b) The general assembly must adjourn sine die not later than ten (10) calendar days following the day |
---|
3773 | | - | upon which the state of emergency ends as provided in IC 10-14-3. |
---|
3774 | | - | SECTION 45. IC 2-2.1-1.2-10 IS REPEALED [EFFECTIVE UPON PASSAGE]. Sec. 10. (a) The |
---|
3775 | | - | general assembly may enact only bills relating to the agenda stated in the legislative council's resolution |
---|
3776 | | - | during an emergency session. |
---|
3777 | | - | (b) The general assembly may adopt concurrent resolutions during an emergency session. |
---|
3778 | | - | (c) Each house may adopt simple resolutions during an emergency session. |
---|
3779 | | - | SECTION 46. IC 2-5-1.1-5, AS AMENDED BY P.L.64-2021, SECTION 5, IS AMENDED TO READ |
---|
3780 | | - | AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) The council may do any of the following: |
---|
3781 | | - | (1) On its own initiative or at the direction of the general assembly or of the senate or house of |
---|
3782 | | - | representatives, study subjects of interest and concern, and based on such a study, recommend such |
---|
3783 | | - | legislation as the welfare of the state may require. |
---|
3784 | | - | (2) Direct standing committees of the senate or house of representatives, or appoint committees and |
---|
3785 | | - | subcommittees subject to the authority of the council, to carry out studies on subjects of interest and |
---|
3786 | | - | concern. |
---|
3787 | | - | (3) Recommend such codification and general revision of the constitution and the laws of the state |
---|
3788 | | - | as may from time to time be necessary. |
---|
3789 | | - | (4) Require any officer or agency, board, commission, committee or other instrumentality of the state |
---|
3790 | | - | or of a political subdivision of the state to provide information bearing on subjects under |
---|
3791 | | - | consideration by the council or by standing committee or any of its committees or subcommittees. |
---|
3792 | | - | (5) By an affirmative vote of two-thirds (2/3) of its members present and voting: |
---|
3793 | | - | (A) administer oaths, issue subpoenas, compel the attendance of witnesses and the production |
---|
3794 | | - | of papers, books, accounts, documents and testimony and have the deposition of witnesses taken |
---|
3795 | | - | in the manner prescribed by law for taking depositions in civil actions bearing on subjects under |
---|
3796 | | - | consideration by the council or by any of its committees or subcommittees; and |
---|
3797 | | - | (B) petition, through the presiding officer of the council, any circuit court, superior court, or |
---|
3798 | | - | probate court of the appropriate county for an order for compliance with any order or subpoenas |
---|
3799 | | - | issued under this section. |
---|
3800 | | - | (6) Adopt such rules and procedures and organize such agencies as may be necessary or appropriate |
---|
3801 | | - | to carry out its duties. |
---|
3802 | | - | (7) Receive appropriations and make allocations for the reasonable and necessary expenditures of |
---|
3803 | | - | the council and the standing and interim committees of the house of representatives, senate and |
---|
3804 | | - | general assembly. |
---|
3805 | | - | (8) Enter into whatever contracts or other arrangements deemed by it to be necessary or appropriate |
---|
3806 | | - | to exercising its rights, privileges, and powers and performing its duties under this chapter and |
---|
3807 | | - | IC 2-6-1.5 and to carrying out the intent, purposes, and provisions of this chapter and IC 2-6-1.5. |
---|
3808 | | - | (9) Initiate sessions of the general assembly under IC 2-2.1-1.2. |
---|
3809 | | - | (10) (9) Do all other things necessary and proper to perform the functions of the legislative |
---|
3810 | | - | department of government and to carry out the intent, purposes and provisions of this chapter. |
---|
3811 | | - | (b) The council may authorize its executive director to act on its behalf and with its authority on any |
---|
3812 | | - | HEA 1001 — CC 1 |
---|
3813 | | - | 92 matter of administration under this chapter and under IC 2-6-1.5, including executing and implementing |
---|
3814 | | - | any contract or other arrangement under which it agrees to be bound. |
---|
3815 | | - | SECTION 47. IC 2-5-3.2-2, AS ADDED BY P.L.36-2015, SECTION 2, IS AMENDED TO READ |
---|
3816 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) As used in this section, "tax expenditure" means |
---|
3817 | | - | a tax exemption, tax deduction, tax credit, preferential tax rate, or tax provision that reduces a person's |
---|
3818 | | - | state tax liability. |
---|
3819 | | - | (b) The legislative services agency shall, before November 1 of each even numbered year, prepare and |
---|
3820 | | - | publish a tax expenditure report. |
---|
3821 | | - | (c) The tax expenditure report must include at least the following: |
---|
3822 | | - | (1) A listing and explanation of each tax expenditure. |
---|
3823 | | - | (2) The history of each tax expenditure. |
---|
3824 | | - | (3) An estimate for each state fiscal year of the next biennial budget of the cost of each tax |
---|
3825 | | - | expenditure. |
---|
3826 | | - | (4) A discussion of the criteria used to determine whether a tax provision is or is not a tax |
---|
3827 | | - | expenditure. |
---|
3828 | | - | (d) The legislative services agency shall submit the tax expenditure report to: |
---|
3829 | | - | (1) the legislative council; |
---|
3830 | | - | (2) the interim study committee on fiscal policy established by IC 2-5-1.3-4; and |
---|
3831 | | - | (3) the chairpersons and ranking minority members of: |
---|
3832 | | - | (A) the house committee on ways and means; and |
---|
3833 | | - | (B) the senate committee on appropriations; |
---|
3834 | | - | for use in the preparation of and consideration of the state biennial budget. |
---|
3835 | | - | (e) This section expires December 31, 2023. |
---|
3836 | | - | SECTION 48. IC 2-5-36-10.5, AS ADDED BY P.L.13-2017, SECTION 3, IS AMENDED TO READ |
---|
3837 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10.5. (a) The commission may appoint an individual |
---|
3838 | | - | to serve as executive director of the commission as provided by section 8 of this chapter. |
---|
3839 | | - | (b) The executive director shall perform the duties assigned to the executive director by the |
---|
3840 | | - | commission. |
---|
3841 | | - | (c) To serve as an executive director, an individual must, at a minimum, meet the following |
---|
3842 | | - | qualifications: |
---|
3843 | | - | (1) Possess a degree from a college or university (as defined in IC 21-7-13-10). |
---|
3844 | | - | (2) Have any other qualifications the commission considers necessary. |
---|
3845 | | - | (d) Compensation of the executive director shall be paid by the office of judicial administration created |
---|
3846 | | - | by IC 33-24-6-1. from the fund established by section 13 of this chapter. |
---|
3847 | | - | SECTION 49. IC 2-5-36-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ |
---|
3848 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13. (a) The commission on improving the status |
---|
3849 | | - | of children fund is established to support the staffing and operations of the commission. |
---|
3850 | | - | (b) The fund consists of the following: |
---|
3851 | | - | (1) Appropriations from the state general fund. |
---|
3852 | | - | (2) Grants. |
---|
3853 | | - | (3) Donations. |
---|
3854 | | - | (c) The treasurer of state shall invest the money in the fund not currently needed to meet the |
---|
3855 | | - | obligations of the fund in the same manner as other public funds may be invested. |
---|
3856 | | - | SECTION 50. IC 3-11-17-6, AS AMENDED BY P.L.74-2017, SECTION 55, IS AMENDED TO |
---|
3857 | | - | HEA 1001 — CC 1 |
---|
3858 | | - | 93 READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) The voting system technical oversight |
---|
3859 | | - | program account is established with within the state general fund to provide money for administering and |
---|
3860 | | - | enforcing IC 3-11-7, IC 3-11-7.5, IC 3-11-15, IC 3-11-16, and this chapter. |
---|
3861 | | - | (b) The election division secretary of state shall administer the account. With the approval of the |
---|
3862 | | - | budget agency, funds in the account are available to augment and supplement the funds appropriated to |
---|
3863 | | - | the election division secretary of state for the purposes described in this section. |
---|
3864 | | - | (c) The expenses of administering the account shall be paid from the money in the account. |
---|
3865 | | - | (d) The account consists of the following: |
---|
3866 | | - | (1) All civil penalties collected under this chapter. |
---|
3867 | | - | (2) Fees collected under IC 3-11-15-4. |
---|
3868 | | - | (3) Contributions to the account made in accordance with a settlement agreement executed with a |
---|
3869 | | - | voting system vendor. |
---|
3870 | | - | (4) Money appropriated by the general assembly for the voting system technical oversight program. |
---|
3871 | | - | (e) Money in the account at the end of a state fiscal year does not revert to the state general fund. |
---|
3872 | | - | SECTION 51. IC 4-1-6-8.6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
3873 | | - | Sec. 8.6. (a) Except as prohibited under any applicable federal law, in cases where access to |
---|
3874 | | - | confidential records containing personal information is desired by a researcher for research purposes, |
---|
3875 | | - | the agency shall grant access if: |
---|
3876 | | - | (1) the requestor researcher states in writing to the agency the purpose, including any intent to |
---|
3877 | | - | publish findings, the nature of the data sought, what personal information will be required, and what |
---|
3878 | | - | safeguards, including reasonable de-identification methods, will be taken to protect the identity |
---|
3879 | | - | of the data subjects; |
---|
3880 | | - | (2) the proposed safeguards are determined by the agency to be adequate to prevent the identity |
---|
3881 | | - | of an individual data subject from being known; |
---|
3882 | | - | (3) the researcher executes an agreement on a form, approved by the oversight committee on public |
---|
3883 | | - | records, with the agency, a data sharing agreement or similar agreement with the agency that |
---|
3884 | | - | is approved by the management performance hub established by IC 4-3-26-8, which |
---|
3885 | | - | incorporates such safeguards for protection of individual data subjects, defines the scope of the |
---|
3886 | | - | research project, and informs the researcher that failure to abide by conditions of the approved |
---|
3887 | | - | agreement constitutes a breach of contract, could result in the researcher not obtaining further |
---|
3888 | | - | records from the agency, and could result in civil litigation by the data subject or subjects; |
---|
3889 | | - | (4) the researcher agrees to pay all direct or indirect costs of the research; and |
---|
3890 | | - | (5) the agency maintains a copy of the agreement or contract for a period equivalent to the life of the |
---|
3891 | | - | record. |
---|
3892 | | - | (b) Improper disclosure of confidential information by a state employee is cause for action to dismiss |
---|
3893 | | - | the employee. |
---|
3894 | | - | SECTION 52. IC 4-2-1-1, AS AMENDED BY P.L.43-2007, SECTION 10, IS AMENDED TO READ |
---|
3895 | | - | AS FOLLOWS [EFFECTIVE JANUARY 13, 2025]: Sec. 1. (a) Subject to subsection (b), the salary of |
---|
3896 | | - | the governor is ninety-five thousand dollars ($95,000) per year. |
---|
3897 | | - | (b) Beginning January 12, 2009, and on the second Monday of January of each succeeding fourth year, |
---|
3898 | | - | the salary of the governor is increased after any four (4) year period during which the general assembly |
---|
3899 | | - | does not amend this section to increase the governor's salary. |
---|
3900 | | - | (c) The percentage by which salaries are increased under this section is equal to the statewide average |
---|
3901 | | - | percentage, as determined by the budget director, by which the salaries of state employees in the executive |
---|
3902 | | - | HEA 1001 — CC 1 |
---|
3903 | | - | 94 branch who are in the same or a similar salary bracket exceed, on January 1 of the current state fiscal year, |
---|
3904 | | - | the salaries of executive branch state employees in the same or a similar salary bracket that were in effect |
---|
3905 | | - | on January 1 of the state fiscal year four (4) years before the current state fiscal year. |
---|
3906 | | - | (d) The amount of a salary increase under this section is equal to the amount determined by applying |
---|
3907 | | - | the percentage increase for the particular year to the governor's salary, as previously adjusted under this |
---|
3908 | | - | section, that was in effect on January 1 of the state fiscal year four (4) years before the current state fiscal |
---|
3909 | | - | year. |
---|
3910 | | - | (a) Beginning January 13, 2025, the annual salary of the governor is an amount equal to the |
---|
3911 | | - | annual salary of a supreme court justice under IC 33-38-5-8, as adjusted under IC 33-38-5-8.1. |
---|
3912 | | - | (e) (b) The governor is not entitled to receive a salary increase under this section if state employees |
---|
3913 | | - | described in subsection (c) in the executive branch who are in the same or a similar salary bracket |
---|
3914 | | - | have not received a statewide average salary increase during the previous four (4) state fiscal years. |
---|
3915 | | - | (f) (c) If a salary increase is required under this section, an amount sufficient to pay for the salary |
---|
3916 | | - | increase is appropriated from the state general fund. |
---|
3917 | | - | SECTION 53. IC 4-2-1-1.5, AS AMENDED BY P.L.43-2021, SECTION 7, IS AMENDED TO READ |
---|
3918 | | - | AS FOLLOWS [EFFECTIVE JANUARY 1, 2025]: Sec. 1.5. (a) Subject to subsection (b), the salary of |
---|
3919 | | - | each state elected official other than the governor is as follows: |
---|
3920 | | - | (1) For the lieutenant governor, seventy-six thousand dollars ($76,000) per year. However, the |
---|
3921 | | - | lieutenant governor is not entitled to receive per diem allowance for performance of duties as |
---|
3922 | | - | president of the senate. |
---|
3923 | | - | (2) For the secretary of state, sixty-six thousand dollars ($66,000) per year. |
---|
3924 | | - | (3) For the auditor of state, sixty-six thousand dollars ($66,000) per year. |
---|
3925 | | - | (4) For the treasurer of state, sixty-six thousand dollars ($66,000) per year. |
---|
3926 | | - | (5) For the attorney general, seventy-nine thousand four hundred dollars ($79,400) per year. |
---|
3927 | | - | (b) Beginning January 1, 2008, the part of the total salary of a state elected official is increased on |
---|
3928 | | - | January 1 of each year after a year in which the general assembly does not amend this section to provide |
---|
3929 | | - | a salary increase for the state elected official. |
---|
3930 | | - | (c) The percentage by which salaries are increased under this section is equal to the statewide average |
---|
3931 | | - | percentage, as determined by the budget director, by which the salaries of state employees in the executive |
---|
3932 | | - | branch who are in the same or a similar salary bracket exceed, for the current state fiscal year, the salaries |
---|
3933 | | - | of executive branch state employees in the same or a similar salary bracket that were in effect on January |
---|
3934 | | - | 1 of the immediately preceding year. |
---|
3935 | | - | (d) The amount of a salary increase under this section is equal to the amount determined by applying |
---|
3936 | | - | the percentage increase for the particular year to the salary of the state elected official, as previously |
---|
3937 | | - | adjusted under this section, that is in effect on January 1 of the immediately preceding year. |
---|
3938 | | - | (a) Beginning January 1, 2025, the annual salary of each state elected official other than the |
---|
3939 | | - | governor is as follows: |
---|
3940 | | - | (1) For the lieutenant governor, an amount equal to eighty-eight percent (88%) of the annual |
---|
3941 | | - | salary of a supreme court justice under IC 33-38-5-8, as adjusted under IC 33-38-5-8.1. |
---|
3942 | | - | However, the lieutenant governor is not entitled to receive a per diem allowance for |
---|
3943 | | - | performance of duties as president of the senate. |
---|
3944 | | - | (2) For the attorney general, an amount equal to eighty-three percent (83%) of the annual |
---|
3945 | | - | salary of a supreme court justice under IC 33-38-5-8, as adjusted under IC 33-38-5-8.1. |
---|
3946 | | - | (3) For the auditor of state, an amount equal to sixty-six percent (66%) of the annual salary |
---|
3947 | | - | HEA 1001 — CC 1 |
---|
3948 | | - | 95 of a supreme court justice under IC 33-38-5-8, as adjusted under IC 33-38-5-8.1. |
---|
3949 | | - | (4) For the treasurer of state, an amount equal to sixty-six percent (66%) of the annual salary |
---|
3950 | | - | of a supreme court justice under IC 33-38-5-8, as adjusted under IC 33-38-5-8.1. |
---|
3951 | | - | (5) For the secretary of state, an amount equal to sixty-six percent (66%) of the annual salary |
---|
3952 | | - | of a supreme court justice under IC 33-38-5-8, as adjusted under IC 33-38-5-8.1. |
---|
3953 | | - | (e) (b) A state elected official is not entitled to receive a salary increase under this section on January |
---|
3954 | | - | 1 of a state fiscal year in which state employees described in subsection (c) in the executive branch who |
---|
3955 | | - | are in the same or a similar salary bracket do not receive a statewide average salary increase. |
---|
3956 | | - | (f) (c) If a salary increase is required under this section, an amount sufficient to pay for the salary |
---|
3957 | | - | increase is appropriated from the state general fund. |
---|
3958 | | - | SECTION 54. IC 4-2-7-3, AS AMENDED BY P.L.205-2019, SECTION 1, IS AMENDED TO READ |
---|
3959 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. The inspector general shall do the following: |
---|
3960 | | - | (1) Initiate, supervise, and coordinate investigations. |
---|
3961 | | - | (2) Recommend policies and carry out other activities designed to deter, detect, and eradicate fraud, |
---|
3962 | | - | waste, abuse, mismanagement, and misconduct in state government. |
---|
3963 | | - | (3) Receive complaints alleging the following: |
---|
3964 | | - | (A) A violation of the code of ethics. |
---|
3965 | | - | (B) Bribery (IC 35-44.1-1-2). |
---|
3966 | | - | (C) Official misconduct (IC 35-44.1-1-1). |
---|
3967 | | - | (D) Conflict of interest (IC 35-44.1-1-4). |
---|
3968 | | - | (E) Profiteering from public service (IC 35-44.1-1-5). |
---|
3969 | | - | (F) A violation of the executive branch lobbying rules. |
---|
3970 | | - | (G) A violation of a statute or rule relating to the purchase of goods or services by a current or |
---|
3971 | | - | former employee, state officer, special state appointee, lobbyist, or person who has a business |
---|
3972 | | - | relationship with an agency. |
---|
3973 | | - | (4) If the inspector general has reasonable cause to believe that a crime has occurred or is occurring, |
---|
3974 | | - | report the suspected crime to: |
---|
3975 | | - | (A) the governor; and |
---|
3976 | | - | (B) appropriate state or federal law enforcement agencies and prosecuting authorities having |
---|
3977 | | - | jurisdiction over the matter. |
---|
3978 | | - | (5) Adopt rules under IC 4-22-2 to implement IC 4-2-6 and this chapter. |
---|
3979 | | - | (6) Adopt rules under IC 4-22-2 and section 5 of this chapter to implement a code of ethics. |
---|
3980 | | - | (7) Ensure that every: |
---|
3981 | | - | (A) employee; |
---|
3982 | | - | (B) state officer; |
---|
3983 | | - | (C) special state appointee; and |
---|
3984 | | - | (D) person who has a business relationship with an agency; |
---|
3985 | | - | is properly trained in the code of ethics. |
---|
3986 | | - | (8) Provide advice to an agency on developing, implementing, and enforcing policies and procedures |
---|
3987 | | - | to prevent or reduce the risk of fraudulent or wrongful acts within the agency. |
---|
3988 | | - | (9) Provide informal advisory opinions to current, former, and prospective state employees, |
---|
3989 | | - | state officers, and special state appointees. An informal advisory opinion issued by the office |
---|
3990 | | - | of the inspector general is confidential under IC 5-14-3-4, including any previously issued |
---|
3991 | | - | informal advisory opinion by the office of the inspector general that recites that it is |
---|
3992 | | - | HEA 1001 — CC 1 |
---|
3993 | | - | 96 confidential. |
---|
3994 | | - | (9) (10) Recommend legislation to the governor and general assembly to strengthen public integrity |
---|
3995 | | - | laws, including the code of ethics for state officers, employees, special state appointees, and persons |
---|
3996 | | - | who have a business relationship with an agency, including whether additional specific state officers, |
---|
3997 | | - | employees, or special state appointees should be required to file a financial disclosure statement |
---|
3998 | | - | under IC 4-2-6-8. |
---|
3999 | | - | (10) (11) Annually submit a report to the legislative council detailing the inspector general's |
---|
4000 | | - | activities. The report must be in an electronic format under IC 5-14-6. |
---|
4001 | | - | (11) (12) Prescribe and provide forms for statements required to be filed under IC 4-2-6 or this |
---|
4002 | | - | chapter. |
---|
4003 | | - | (12) (13) Accept and file information that: |
---|
4004 | | - | (A) is voluntarily supplied; and |
---|
4005 | | - | (B) exceeds the requirements of this chapter. |
---|
4006 | | - | (13) (14) Inspect financial disclosure forms. |
---|
4007 | | - | (14) (15) Notify persons who fail to file forms required under IC 4-2-6 or this chapter. |
---|
4008 | | - | (15) (16) Develop a filing, a coding, and an indexing system required by IC 4-2-6 and IC 35-44.1-1. |
---|
4009 | | - | (16) (17) Prepare interpretive and educational materials and programs. |
---|
4010 | | - | SECTION 55. IC 4-3-26-5, AS ADDED BY P.L.269-2017, SECTION 5, IS AMENDED TO READ |
---|
4011 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. As used in this chapter, "person" has the meaning |
---|
4012 | | - | set forth in IC 5-22-2-20. means an individual or entity that is not described in section 2(a) of this |
---|
4013 | | - | chapter. |
---|
4014 | | - | SECTION 56. IC 4-3-26-14, AS ADDED BY P.L.269-2017, SECTION 5, IS AMENDED TO READ |
---|
4015 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 14. (a) The MPH shall prescribe a form to be used to |
---|
4016 | | - | memorialize the sharing of data under this chapter. exchange of electronically recorded information, |
---|
4017 | | - | including government information. |
---|
4018 | | - | (b) The form prescribed under subsection (a) must be: |
---|
4019 | | - | (1) completed by the executive state agency or person described in section 15 of this chapter; that |
---|
4020 | | - | is a party to the agreement; and |
---|
4021 | | - | (2) signed by the administrative head of the executive state agency or person. |
---|
4022 | | - | (c) A data sharing form completed and signed under subsection (b) constitutes the agreement required |
---|
4023 | | - | by any statutory or administrative law or rule that governs the data. No additional documentation may |
---|
4024 | | - | be required to share data exchange electronically recorded information, including government |
---|
4025 | | - | information, under this chapter. |
---|
4026 | | - | SECTION 57. IC 4-3-26-15, AS ADDED BY P.L.269-2017, SECTION 5, IS AMENDED TO READ |
---|
4027 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 15. Subject to IC 4-1-6-8.6 and this chapter, the |
---|
4028 | | - | MPH may accept exchange electronically recorded information, including government information, |
---|
4029 | | - | from with any person. The MPH may analyze and exchange electronically recorded information in |
---|
4030 | | - | carrying out the powers and duties of the OMB and the powers and duties of the entity person sharing |
---|
4031 | | - | the electronically recorded information. Title to any electronically recorded information received by the |
---|
4032 | | - | MPH under this section is vested in the MPH. |
---|
4033 | | - | SECTION 58. IC 4-6-15-4, AS AMENDED BY P.L.72-2022, SECTION 3, IS AMENDED TO READ |
---|
4034 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2022 (RETROACTIVE)]: Sec. 4. (a) Except as provided by any |
---|
4035 | | - | bankruptcy court order or bankruptcy settlement, and subject to subsection (g), funds received from |
---|
4036 | | - | opioid litigation settlements that resolve existing state and political subdivision litigation lawsuits as of |
---|
4037 | | - | HEA 1001 — CC 1 |
---|
4038 | | - | 97 January 1, 2021, shall be distributed in a minimum of two (2) payments per year in the following |
---|
4039 | | - | manner: |
---|
4040 | | - | (1) Fifteen percent (15%) to the agency settlement fund established by IC 4-12-16-2 state |
---|
4041 | | - | unrestricted opioid settlement account established by IC 4-12-16.2-5(1) for the benefit of the |
---|
4042 | | - | state. |
---|
4043 | | - | (2) Fifteen percent (15%) to the agency settlement fund established by IC 4-12-16-2 local |
---|
4044 | | - | unrestricted opioid settlement account established by IC 4-12-16.3-5(1) for distribution as |
---|
4045 | | - | reimbursement to cities, counties, and towns according to a weighted distribution formula |
---|
4046 | | - | identified in settlement documents that accounts for opioid impacts in communities. |
---|
4047 | | - | (3) Thirty-five percent (35%) to the agency settlement fund established by IC 4-12-16-2 state |
---|
4048 | | - | abatement opioid settlement account established by IC 4-12-16.2-5(2) to be used for statewide |
---|
4049 | | - | treatment, education, and prevention programs for opioid use disorder and any co-occurring |
---|
4050 | | - | substance use disorder or mental health issues as defined or required by the settlement documents |
---|
4051 | | - | or court order. |
---|
4052 | | - | (4) Thirty-five percent (35%) to the agency settlement fund established by IC 4-12-16-2 local |
---|
4053 | | - | abatement opioid settlement account established by IC 4-12-16.3-5(2) for distribution to cities, |
---|
4054 | | - | counties, and towns according to a weighted distribution formula identified in settlement documents |
---|
4055 | | - | that accounts for opioid impacts in communities. However, if a city's or town's annual distribution |
---|
4056 | | - | under this subdivision is: |
---|
4057 | | - | (A) for a distribution made before July 1, 2023, less than one thousand dollars ($1,000); or |
---|
4058 | | - | (B) for a distribution made after June 30, 2023, less than five thousand dollars ($5,000); |
---|
4059 | | - | the city's or town's annual distribution must instead be distributed to the county in which the city or |
---|
4060 | | - | town is located. Distributions under this subdivision may be used only for programs of treatment, |
---|
4061 | | - | prevention, and care that are best practices as defined or required by the settlement documents or |
---|
4062 | | - | court order. |
---|
4063 | | - | (b) Any attorney's fees or costs required to be paid by the state, including any amount in a |
---|
4064 | | - | settlement designated for payment of state attorney's fees or costs, shall be deducted from the |
---|
4065 | | - | distribution described in subsection (a)(1), even if the funds have not been deposited in the agency |
---|
4066 | | - | settlement fund. |
---|
4067 | | - | (b) (c) The amounts distributed to the agency settlement fund under subsection (a)(2) and (a)(4) are |
---|
4068 | | - | annually appropriated to the office of the attorney general to make the distributions described under |
---|
4069 | | - | subsection (a)(2) and (a)(4). |
---|
4070 | | - | (c) (d) Funds received from the settlement may not be distributed to a city, county, or town that has |
---|
4071 | | - | opted out of the settlement under section 2(b) of this chapter. The settlement funds that are not distributed |
---|
4072 | | - | to the cities, counties, or towns that have opted out of the settlement must be distributed in the manner |
---|
4073 | | - | set forth under subsection (a)(2) and (a)(4) to the cities, counties, or towns that have opted into the |
---|
4074 | | - | settlement. |
---|
4075 | | - | (d) The amount distributed to the agency settlement fund under subsection (a)(3) is annually |
---|
4076 | | - | appropriated to the office of the secretary of family and social services for treatment, education, and |
---|
4077 | | - | prevention programs for opioid use disorder and any co-occurring substance use disorder or mental health |
---|
4078 | | - | issues as defined or required by the settlement documents or court order. Before the thirty-five percent |
---|
4079 | | - | (35%) of the funds received under this subsection may be distributed, the office of the secretary of family |
---|
4080 | | - | and social services shall submit a distribution plan to the budget committee for review. |
---|
4081 | | - | (e) All entities receiving opioid settlement funds to be used for treatment, education, and prevention |
---|
4082 | | - | HEA 1001 — CC 1 |
---|
4083 | | - | 98 programs for opioid use disorder and any co-occurring substance use disorder or mental health issues |
---|
4084 | | - | shall monitor the use of those funds and provide an annual report to the office of the secretary of family |
---|
4085 | | - | and social services not later than a date determined by the office of the secretary of family and social |
---|
4086 | | - | services. |
---|
4087 | | - | (f) The office of the secretary of family and social services shall compile and submit an annual |
---|
4088 | | - | comprehensive report of the information received under subsection (e) to the general assembly in an |
---|
4089 | | - | electronic format under IC 5-14-6 not later than October 1 of each year identifying all funds committed |
---|
4090 | | - | and used as specified by any settlement documents or court order. |
---|
4091 | | - | (g) If any settlement documents or court order, assurance of voluntary compliance, or other |
---|
4092 | | - | form of agreement related to opioids requires at least seventy percent (70%) of the settlement |
---|
4093 | | - | proceeds to be used for treatment, education, recovery, or prevention programs, any amount of |
---|
4094 | | - | settlement funds in addition to those distributed under subsection (a)(3) and (a)(4) that are needed |
---|
4095 | | - | to meet the terms must first come from funds that would otherwise be distributed under subsection |
---|
4096 | | - | (a)(1). |
---|
4097 | | - | (h) Any city, county, or town receiving a distribution under subsection (a)(2) or (a)(4) may |
---|
4098 | | - | transfer all or part of its distribution to another city, county, or town to be used for the benefit of |
---|
4099 | | - | both communities. |
---|
4100 | | - | (i) Upon a majority vote of the legislative body, a city, county, or town receiving a distribution |
---|
4101 | | - | under subsection (a)(2) or (a)(4) may sell for cash or other consideration the right to receive the |
---|
4102 | | - | distribution. However, the proceeds from the sale of a distribution received under subsection (a)(2) |
---|
4103 | | - | must be used for the purposes allowed for a distribution under subsection (a)(2), and the proceeds |
---|
4104 | | - | from the sale of a distribution received under subsection (a)(4) must be used for the purposes |
---|
4105 | | - | allowed for a distribution under subsection (a)(4). A city, county, or town may pledge, grant a lien |
---|
4106 | | - | on, or grant a security interest in a distribution to effectuate a sale under this subsection. The |
---|
4107 | | - | legislative body's approval of the sale is conclusive as to the adequacy of the consideration for the |
---|
4108 | | - | sale. |
---|
4109 | | - | SECTION 59. IC 4-6-15-5, AS ADDED BY P.L.72-2022, SECTION 4, IS AMENDED TO READ AS |
---|
4110 | | - | FOLLOWS [EFFECTIVE JULY 1, 2022 (RETROACTIVE)]: Sec. 5. Before distributing funds to a city, |
---|
4111 | | - | county, or town that has opted back into a settlement under section 2(d) of this chapter, the budget agency |
---|
4112 | | - | office of the attorney general shall: |
---|
4113 | | - | (1) withhold from distribution to the city, county, or town the funds owed to the private legal counsel |
---|
4114 | | - | of the city, county, or town; in the amount set forth in the agreement between the city, county, or |
---|
4115 | | - | town and private legal counsel; and |
---|
4116 | | - | (2) distribute the attorney's fees and costs to the private legal counsel of the city, county, or town. |
---|
4117 | | - | in the amount set forth in the agreement between the city, county, or town and private legal counsel. |
---|
4118 | | - | SECTION 60. IC 4-6-16 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ |
---|
4119 | | - | AS FOLLOWS [EFFECTIVE JANUARY 1, 2023 (RETROACTIVE)]: |
---|
4120 | | - | Chapter 16. Attorney General Contingency Fee Fund |
---|
4121 | | - | Sec. 1. This chapter applies to state funds received after December 31, 2022. |
---|
4122 | | - | Sec. 2. As used in this chapter, "contingency fee" means a fee for legal services: |
---|
4123 | | - | (1) performed by an attorney or attorneys employed within the attorney general's office; |
---|
4124 | | - | (2) that are contingent upon attainment of a settlement agreement or court order in a civil |
---|
4125 | | - | case; and |
---|
4126 | | - | (3) from which money is received that would otherwise be deposited as state funds in the |
---|
4127 | | - | HEA 1001 — CC 1 |
---|
4128 | | - | 99 agency settlement fund under IC 4-12-16-3(a). |
---|
4129 | | - | Sec. 3. As used in this chapter, "fund" means the attorney general contingency fee fund |
---|
4130 | | - | established by section 6 of this chapter. |
---|
4131 | | - | Sec. 4. (a) Subject to section 5 of this chapter, the attorney general is entitled to a contingency |
---|
4132 | | - | fee equal to: |
---|
4133 | | - | (1) the amount of state funds that are received in a settlement agreement or court order |
---|
4134 | | - | described in IC 4-12-16-3(a); multiplied by |
---|
4135 | | - | (2) the applicable contingency fee percentage under subsection (b). |
---|
4136 | | - | (b) The applicable contingency fee percentage for purposes of subsection (a) shall not exceed the |
---|
4137 | | - | aggregate contingency fee sum of the following: |
---|
4138 | | - | (1) Twenty-five percent (25%) of any recovery that exceeds two million dollars ($2,000,000) |
---|
4139 | | - | and that is not more than ten million dollars ($10,000,000). |
---|
4140 | | - | (2) Twenty percent (20%) of any part of a recovery of more than ten million dollars |
---|
4141 | | - | ($10,000,000) and not more than fifteen million dollars ($15,000,000). |
---|
4142 | | - | (3) Fifteen percent (15%) of any part of a recovery of more than fifteen million dollars |
---|
4143 | | - | ($15,000,000) and not more than twenty million dollars ($20,000,000). |
---|
4144 | | - | (4) Ten percent (10%) of any part of a recovery of more than twenty million dollars |
---|
4145 | | - | ($20,000,000) and not more than twenty-five million dollars ($25,000,000). |
---|
4146 | | - | (5) Five percent (5%) of any part of a recovery of more than twenty-five million dollars |
---|
4147 | | - | ($25,000,000). |
---|
4148 | | - | (c) Money recovered as a contingency fee shall be deposited in the fund. The contingency fee |
---|
4149 | | - | amount shall first be deposited in the fund before the remaining recovered state funds are deposited |
---|
4150 | | - | in the agency settlement fund under IC 4-12-16-3(a). |
---|
4151 | | - | Sec. 5. (a) The attorney general is not entitled to a contingency fee if the attorney general hired |
---|
4152 | | - | private attorneys as outside counsel to litigate the case. |
---|
4153 | | - | (b) The amount of money deposited in the fund each state fiscal year under this chapter may not |
---|
4154 | | - | exceed two million five hundred thousand dollars ($2,500,000). However, after review by the budget |
---|
4155 | | - | committee, the amount of money deposited in the fund in a given state fiscal year may exceed two |
---|
4156 | | - | million five hundred thousand dollars ($2,500,000). |
---|
4157 | | - | Sec. 6. (a) The attorney general contingency fee fund is established for the purposes of paying |
---|
4158 | | - | litigation costs of the attorney general's office. |
---|
4159 | | - | (b) The fund consists of: |
---|
4160 | | - | (1) money deposited in the fund under section 4 of this chapter; and |
---|
4161 | | - | (2) all earnings on investments of the funds. |
---|
4162 | | - | (c) The attorney general shall administer the fund. |
---|
4163 | | - | (d) Subject to subsection (e), money in the fund may be used to fund future litigation and |
---|
4164 | | - | consumer education initiatives. |
---|
4165 | | - | (e) Money deposited in the fund must be used in accordance with any settlement requirements |
---|
4166 | | - | imposed for its use as determined by court order. |
---|
4167 | | - | (f) The expenses of administering the fund shall be paid from the money in the fund. |
---|
4168 | | - | (g) The treasurer of state shall invest the money in the fund not currently needed to meet the |
---|
4169 | | - | obligations of the fund in the same manner as other public money may be invested. |
---|
4170 | | - | (h) Money in the fund at the end of a state fiscal year does not revert to the state general fund. |
---|
4171 | | - | SECTION 61. IC 4-7-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
4172 | | - | HEA 1001 — CC 1 |
---|
4173 | | - | 100 Sec. 1. (a) The individual elected as auditor of state shall take office on January 1 following the |
---|
4174 | | - | individual's election. |
---|
4175 | | - | (b) The auditor of state, before entering upon the duties of office shall execute an official bond, for the |
---|
4176 | | - | sum of ten thousand dollars ($10,000), to be approved by the governor. |
---|
4177 | | - | (c) The auditor of state shall also be known as the state comptroller. After June 30, 2023, the |
---|
4178 | | - | auditor of state's office shall use the title "state comptroller" in conducting state business, in all |
---|
4179 | | - | contracts, on business cards, on stationery, and with other means of communication as necessary. |
---|
4180 | | - | The change in title under this subsection does not invalidate any documents or transactions |
---|
4181 | | - | conducted in the name of the auditor of state. |
---|
4182 | | - | SECTION 62. IC 4-10-13-2, AS AMENDED BY P.L.146-2008, SECTION 7, IS AMENDED TO |
---|
4183 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) The auditor of state shall prepare and |
---|
4184 | | - | publish each year the following financial reports: |
---|
4185 | | - | (1) A a report showing receipts by source of revenue and by type of fund disbursements as they |
---|
4186 | | - | relate to each agency, department, and fund of the state government. This report shall include a |
---|
4187 | | - | recital of disbursements made by the following functions of state government: |
---|
4188 | | - | (A) (1) Education. |
---|
4189 | | - | (B) (2) Welfare. |
---|
4190 | | - | (C) (3) Highway. |
---|
4191 | | - | (D) (4) Health. |
---|
4192 | | - | (E) (5) Natural resources. |
---|
4193 | | - | (F) (6) Public safety. |
---|
4194 | | - | (G) (7) General governmental. |
---|
4195 | | - | (H) (8) Hospital and state institutions. |
---|
4196 | | - | (I) (9) Correction, parole, and probation. |
---|
4197 | | - | (2) A report containing the following property tax data by counties: |
---|
4198 | | - | (A) A report showing: |
---|
4199 | | - | (i) the total amount of tax delinquencies; |
---|
4200 | | - | (ii) the total amount of the administrative costs of the offices of township assessors (if any), |
---|
4201 | | - | county assessors, the offices of county auditors, and the offices of county treasurers; and |
---|
4202 | | - | (iii) the total amount of other local taxes collected. |
---|
4203 | | - | (B) An abstract of taxable real and personal property, which must include a recital of the number |
---|
4204 | | - | and the total amount of tax exemptions, including mortgage exemptions, veterans' exemptions, |
---|
4205 | | - | exemptions granted to blind persons, exemptions granted to persons over sixty-five (65) years |
---|
4206 | | - | of age, and any and all other exemptions granted to any person under the Constitution and the |
---|
4207 | | - | laws of the state. |
---|
4208 | | - | (b) The reports report described in this section shall be made available for inspection as soon as they |
---|
4209 | | - | are the report is prepared and shall be published in the manner provided in section 7 of this chapter by |
---|
4210 | | - | the auditor of state not later than December 31 following the end of each fiscal year. |
---|
4211 | | - | SECTION 63. IC 4-10-22-1, AS AMENDED BY P.L.165-2021, SECTION 38, IS AMENDED TO |
---|
4212 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) Subject to subsection (f), after the end |
---|
4213 | | - | of the state fiscal year beginning July 1, 2015, and ending June 30, 2016, and after the end of each |
---|
4214 | | - | odd-numbered state fiscal year thereafter, the office of management and budget shall calculate in the |
---|
4215 | | - | customary manner the total amount of state reserves as of the end of the state fiscal year. The office of |
---|
4216 | | - | management and budget shall make the calculation not later than July 31, 2016, and not later than July |
---|
4217 | | - | HEA 1001 — CC 1 |
---|
4218 | | - | 101 31 of each odd-numbered year thereafter. |
---|
4219 | | - | (b) The office of management and budget may not consider a balance in the state tuition reserve |
---|
4220 | | - | account established by IC 4-12-1-15.7 when making the calculation required by subsection (a) in 2017 |
---|
4221 | | - | and in an odd-numbered year thereafter. |
---|
4222 | | - | (c) The office of management and budget shall consider a balance in the state tuition reserve account |
---|
4223 | | - | established by IC 4-12-1-15.7 when making the calculation required by subsection (a) in 2016. |
---|
4224 | | - | (d) This subsection applies in 2022. After the end of the state fiscal year beginning July 1, 2021, and |
---|
4225 | | - | ending June 30, 2022, the office of management and budget shall calculate in the customary manner the |
---|
4226 | | - | total amount of state reserves as of the end of the state fiscal year. In making the calculation, the office |
---|
4227 | | - | of management and budget shall include a balance in the state tuition reserve account established by |
---|
4228 | | - | IC 4-12-1-15.7. The office of management and budget shall make the calculation of the combined reserve |
---|
4229 | | - | balance required by this subsection not later than July 31, 2022. |
---|
4230 | | - | (e) This subsection applies in 2024. After the end of the state fiscal year beginning July 1, 2023, |
---|
4231 | | - | and ending June 30, 2024, the office of management and budget shall calculate in the customary |
---|
4232 | | - | manner the total amount of state reserves as of the end of the state fiscal year. In making the |
---|
4233 | | - | calculation, the office of management and budget shall include a balance in the state tuition reserve |
---|
4234 | | - | account established by IC 4-12-1-15.7. The office of management and budget shall make the |
---|
4235 | | - | calculation of the combined reserve balance required by this subsection not later than July 31, 2024. |
---|
4236 | | - | (f) This subsection applies in 2025. In making the calculation in calendar year 2025 under |
---|
4237 | | - | subsection (a), the office of management and budget shall include a balance in the state tuition |
---|
4238 | | - | reserve account established by IC 4-12-1-15.7. |
---|
4239 | | - | SECTION 64. IC 4-10-22-1.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
4240 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1.6. This section applies only in calendar |
---|
4241 | | - | year 2024. Notwithstanding any other law, if, after the calculation in calendar year 2024 required |
---|
4242 | | - | by section 1(e) of this chapter, the budget agency certifies that the state's combined reserve balance |
---|
4243 | | - | as calculated in section 1(e) of this chapter exceeds three billion dollars ($3,000,000,000), the budget |
---|
4244 | | - | agency, after budget committee review, shall transfer the amount of combined state reserves that |
---|
4245 | | - | exceed three billion dollars ($3,000,000,000) to the pre-1996 account (as defined in IC 5-10.2-1-5.5) |
---|
4246 | | - | for the purposes of the pre-1996 account. |
---|
4247 | | - | SECTION 65. IC 4-10-22-1.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
4248 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1.7. This section applies only in calendar |
---|
4249 | | - | year 2025. Notwithstanding any other law, if, after the calculation in calendar year 2025 required |
---|
4250 | | - | by section 1(a) of this chapter, the budget agency certifies that the state's combined reserve balance |
---|
4251 | | - | as calculated in section 1 of this chapter exceeds three billion dollars ($3,000,000,000), the budget |
---|
4252 | | - | agency, after budget committee review, shall transfer the amount of combined state reserves that |
---|
4253 | | - | exceed three billion dollars ($3,000,000,000) to the pre-1996 account (as defined in IC 5-10.2-1-5.5) |
---|
4254 | | - | for the purposes of the pre-1996 account. |
---|
4255 | | - | SECTION 66. IC 4-10-22-3, AS AMENDED BY P.L.180-2022(ss), SECTION 1, IS AMENDED TO |
---|
4256 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) This subsection does not apply in |
---|
4257 | | - | calendar year 2016 or calendar year 2025. If, after completing the presentation to the state budget |
---|
4258 | | - | committee described in section 2 of this chapter, the amount of the excess reserves is fifty million dollars |
---|
4259 | | - | ($50,000,000) or more, the governor shall do the following: |
---|
4260 | | - | (1) If the year is calendar year 2013, transfer one hundred percent (100%) of the excess reserves to |
---|
4261 | | - | the pension stabilization fund established by IC 5-10.4-2-5 for the purposes of the pension |
---|
4262 | | - | HEA 1001 — CC 1 |
---|
4263 | | - | 102 stabilization fund. If the year is calendar year 2014 or the calendar year is 2017 or an odd-numbered |
---|
4264 | | - | year thereafter other than calendar year 2023 or 2025, transfer fifty percent (50%) of any excess |
---|
4265 | | - | reserves to the pension stabilization fund established by IC 5-10.4-2-5 for the purposes of the |
---|
4266 | | - | pension stabilization fund. If the year is calendar year 2023, transfer the first one billion dollars |
---|
4267 | | - | ($1,000,000,000) of any excess reserves to the pension stabilization fund established by |
---|
4268 | | - | IC 5-10.4-2-5 for the purposes of the pension stabilization fund. |
---|
4269 | | - | (2) If the year is calendar year 2014 or the calendar year is 2017 or an odd-numbered year thereafter |
---|
4270 | | - | other than calendar year 2023 or 2025, use fifty percent (50%) of any excess reserves for the |
---|
4271 | | - | purposes of providing an automatic taxpayer refund under section 4 of this chapter. If the year is |
---|
4272 | | - | calendar year 2023, after transferring the first one billion dollars ($1,000,000,000) to the pension |
---|
4273 | | - | stabilization fund under subdivision (1), use the remaining excess reserves, if any, for the purposes |
---|
4274 | | - | of providing an automatic taxpayer refund under section 4 of this chapter. |
---|
4275 | | - | (b) This subsection applies only in calendar year 2016. If excess reserves exist, and after completing |
---|
4276 | | - | the calculation required in section 1 of this chapter and the presentation to the state budget committee |
---|
4277 | | - | described in section 2 of this chapter, the governor shall transfer one hundred percent (100%) of the |
---|
4278 | | - | excess reserves as follows: |
---|
4279 | | - | (1) Fifty-five percent (55%) of the excess reserves transferred shall be transferred to the state |
---|
4280 | | - | highway fund. |
---|
4281 | | - | (2) Forty-five percent (45%) of the excess reserves transferred shall be transferred to the local road |
---|
4282 | | - | and bridge matching grant fund established by IC 8-23-30. |
---|
4283 | | - | This transfer shall be made from the state general fund. Money transferred to the state highway fund under |
---|
4284 | | - | this subsection is appropriated from the state highway fund to the Indiana department of transportation |
---|
4285 | | - | for the Indiana department of transportation's use for preserving and reconstructing existing state |
---|
4286 | | - | highways and bridges for which the Indiana department of transportation is responsible. Money |
---|
4287 | | - | transferred to the state highway fund under this subsection does not revert to the state general fund at the |
---|
4288 | | - | end of a state fiscal year. |
---|
4289 | | - | SECTION 67. IC 4-12-1-9, AS AMENDED BY P.L.108-2019, SECTION 57, IS AMENDED TO |
---|
4290 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 9. (a) The budget agency shall assist the budget |
---|
4291 | | - | committee in the preparation of the budget report and the budget bill, using the recommendations and |
---|
4292 | | - | estimates prepared by the budget agency and the information obtained through investigation and |
---|
4293 | | - | presented at hearings. The budget committee shall consider the data, information, recommendations and |
---|
4294 | | - | estimates before it and, to the extent that there is agreement on items, matters, and amounts between the |
---|
4295 | | - | budget agency and a majority of the members of the budget committee, the committee shall organize and |
---|
4296 | | - | assemble a budget report and a budget bill or budget bills. In the event the budget agency and a majority |
---|
4297 | | - | of the members of the budget committee shall differ upon any item, matter, or amount to be included in |
---|
4298 | | - | such report and bills, the recommendation of the budget agency shall be included in the budget bill or |
---|
4299 | | - | bills, and the particular item, matter, or amount, and the extent of and reasons for the differences between |
---|
4300 | | - | the budget agency and the budget committee shall be stated fully in the budget report. The budget |
---|
4301 | | - | committee shall submit the budget report and the budget bill or bills to the governor on or before: |
---|
4302 | | - | (1) the second Monday of January in the year immediately following the calendar year in which the |
---|
4303 | | - | budget report and budget bill or bills are prepared, if the budget report and budget bill or bills are |
---|
4304 | | - | prepared in a calendar year other than a calendar year in which a gubernatorial election is held; or |
---|
4305 | | - | (2) the third Monday of January, if the budget report and budget bill or bills are prepared in the same |
---|
4306 | | - | calendar year in which a gubernatorial election is held. |
---|
4307 | | - | HEA 1001 — CC 1 |
---|
4308 | | - | 103 The governor shall deliver to the house members of the budget committee such bill or bills for |
---|
4309 | | - | introduction into the house of representatives. |
---|
4310 | | - | (b) Whenever during the period beginning thirty (30) days prior to a regular session of the general |
---|
4311 | | - | assembly the budget report and budget bill or bills have been completed and printed and are available for |
---|
4312 | | - | distribution, upon the request of a member of the general assembly an informal distribution of one (1) |
---|
4313 | | - | copy of each such document shall be made by the budget committee to such members. During business |
---|
4314 | | - | hours, and as may be otherwise required during sessions of the general assembly, the budget agency shall |
---|
4315 | | - | make available to the members of the general assembly so much as they shall require of its accumulated |
---|
4316 | | - | staff information, analyses and reports concerning the fiscal affairs of the state and the current budget |
---|
4317 | | - | report and budget bill or bills. |
---|
4318 | | - | (c) The budget report shall include at least the following parts: |
---|
4319 | | - | (1) A statement of budget policy, including but not limited to recommendations with reference to |
---|
4320 | | - | the fiscal policy of the state for the coming budget period, and describing the important features of |
---|
4321 | | - | the budget. |
---|
4322 | | - | (2) A general budget summary setting forth the aggregate figures of the budget to show the total |
---|
4323 | | - | proposed expenditures and the total anticipated income, and the surplus or deficit. |
---|
4324 | | - | (3) The detailed data on actual receipts and expenditures for the previous fiscal year or two (2) fiscal |
---|
4325 | | - | years depending upon the length of the budget period for which the budget bill or bills is proposed, |
---|
4326 | | - | the estimated receipts and expenditures for the current year, and for the ensuing budget period, and |
---|
4327 | | - | the anticipated balances at the end of the current fiscal year and the ensuing budget period. Such |
---|
4328 | | - | data shall be supplemented with necessary explanatory schedules and statements, including a |
---|
4329 | | - | statement of any differences between the recommendations of the budget agency and of the budget |
---|
4330 | | - | committee. |
---|
4331 | | - | (4) A description of the capital improvement program for the state and an explanation of its relation |
---|
4332 | | - | to the budget. |
---|
4333 | | - | (5) The budget bills. |
---|
4334 | | - | (6) The tax expenditure report prepared by the legislative services agency under IC 2-5-3.2-2. |
---|
4335 | | - | (7) For each appropriation in the governor's recommended budget bill that is made to a state |
---|
4336 | | - | provider, as defined in IC 22-4.1-1-5.5, for a workforce related program, as defined in IC 22-4.1-1-7, |
---|
4337 | | - | a summary and justification for the workforce related program. |
---|
4338 | | - | (d) The budget report shall cover and include all special and dedicated revenue funds as well as the |
---|
4339 | | - | general revenue fund and shall include the estimated amounts of federal aids, for whatever purpose |
---|
4340 | | - | provided, together with estimated expenditures therefrom. |
---|
4341 | | - | (e) The budget agency shall furnish the governor with any further information required concerning the |
---|
4342 | | - | budget, and upon request shall attend hearings of committees of the general assembly on the budget bills. |
---|
4343 | | - | SECTION 68. IC 4-12-16-3, AS AMENDED BY P.L.141-2021, SECTION 2, IS AMENDED TO |
---|
4344 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2022 (RETROACTIVE)]: Sec. 3. (a) The fund consists |
---|
4345 | | - | of: |
---|
4346 | | - | (1) except as provided in subsections (b) and (c), IC 4-12-16.2, and IC 4-12-16.3, all funds received |
---|
4347 | | - | by the state, less any amount owed for outside counsel attorney's fees, costs, or expenses, under: |
---|
4348 | | - | (A) multistate and Indiana specific settlements; |
---|
4349 | | - | (B) assurances of voluntary compliance accepted by the attorney general; and |
---|
4350 | | - | (C) any other form of agreement that: |
---|
4351 | | - | (i) is enforceable by a court; and |
---|
4352 | | - | HEA 1001 — CC 1 |
---|
4353 | | - | 104 (ii) settles litigation between the state and another party; and |
---|
4354 | | - | (2) all money recovered as court costs or costs related to litigation. |
---|
4355 | | - | (b) Any amount of restitution that is: |
---|
4356 | | - | (1) awarded to an individual or institution under a settlement or assurance of voluntary compliance; |
---|
4357 | | - | (2) unclaimed by an individual or institution; |
---|
4358 | | - | (3) received by a state agency; and |
---|
4359 | | - | (4) determined to be abandoned property under IC 32-34-1.5; |
---|
4360 | | - | must be deposited in the abandoned property fund under IC 32-34-1.5-42. |
---|
4361 | | - | (c) The fund does not include the following: |
---|
4362 | | - | (1) Funds received by the state department of revenue. |
---|
4363 | | - | (2) Funds required to be deposited in the securities division enforcement account (IC 23-19-6-1). |
---|
4364 | | - | (3) Funds received as the result of a civil forfeiture under IC 34-24-1. |
---|
4365 | | - | (4) Funds received as a civil penalty or as part of an enforcement or collection action by an agency |
---|
4366 | | - | authorized to impose a civil penalty or engage in an enforcement or collection action, if the funds |
---|
4367 | | - | are required to be deposited in the general fund or another fund by statute. |
---|
4368 | | - | (5) Funds recovered by the Medicaid fraud control unit in actions to recover money inappropriately |
---|
4369 | | - | paid out of or obtained from the state Medicaid program. |
---|
4370 | | - | (6) Amounts required to be paid as consumer restitution or refunds in settlements specified in this |
---|
4371 | | - | chapter. |
---|
4372 | | - | (7) Amounts received under the Master Settlement Agreement (as defined in IC 24-3-3-6). |
---|
4373 | | - | (8) Amounts received as a result of opioid litigation settlements that are required to be |
---|
4374 | | - | distributed as provided in IC 4-6-15-4. |
---|
4375 | | - | (9) Amounts deposited in the attorney general contingency fee fund under IC 4-6-16. |
---|
4376 | | - | SECTION 69. IC 4-12-16-5, AS ADDED BY P.L.217-2017, SECTION 39, IS AMENDED TO READ |
---|
4377 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2022 (RETROACTIVE)]: Sec. 5. (a) A state agency may use the |
---|
4378 | | - | money in the fund after appropriation of the money in the fund by the general assembly. |
---|
4379 | | - | (b) A state agency may, not later than November 1 of each even-numbered calendar year, submit to |
---|
4380 | | - | the budget committee and the legislative council in an electronic format under IC 5-14-6 a list of proposed |
---|
4381 | | - | projects, including the estimated cost of each project, for consideration of the general assembly in making |
---|
4382 | | - | appropriations during the biennial budget process. |
---|
4383 | | - | (b) The budget agency shall report to the budget committee on each request for augmentation |
---|
4384 | | - | the budget agency receives that is for an amount that exceeds one hundred thousand dollars |
---|
4385 | | - | ($100,000). |
---|
4386 | | - | (c) The proceeds of a particular settlement, assurance of voluntary compliance, or other form of |
---|
4387 | | - | agreement that are deposited in the fund must be used by the state agency according to any court order |
---|
4388 | | - | that applies to the settlement, assurance of voluntary compliance, or other form of agreement. |
---|
4389 | | - | SECTION 70. IC 4-12-16.2 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ |
---|
4390 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2022 (RETROACTIVE)]: |
---|
4391 | | - | Chapter 16.2. State Opioid Settlement Fund |
---|
4392 | | - | Sec. 1. As used in this chapter, "fund" means the state opioid settlement fund established by |
---|
4393 | | - | section 2 of this chapter. |
---|
4394 | | - | Sec. 2. The state opioid settlement fund is established. |
---|
4395 | | - | Sec. 3. The fund consists of: |
---|
4396 | | - | (1) all funds received by the state for the benefit of the state under: |
---|
4397 | | - | HEA 1001 — CC 1 |
---|
4398 | | - | 105 (A) multi-state and Indiana specific opioid litigation settlements described in IC 4-6-15; and |
---|
4399 | | - | (B) any other form of opioid litigation agreement that: |
---|
4400 | | - | (i) is enforceable by a court; and |
---|
4401 | | - | (ii) settles litigation between the state and another party; |
---|
4402 | | - | (2) all money recovered as court costs or costs related to opioid litigation that is distributed |
---|
4403 | | - | to the fund under IC 4-6-15-4(a)(1) and IC 4-6-15-4(a)(3); and |
---|
4404 | | - | (3) interest that accrues to the fund under section 7 of this chapter. |
---|
4405 | | - | Sec. 4. The fund shall be administered by the budget agency. |
---|
4406 | | - | Sec. 5. The following accounts are established within the fund: |
---|
4407 | | - | (1) The state unrestricted opioid settlement account. The account consists of money distributed |
---|
4408 | | - | to the account under IC 4-6-15-4(a)(1) and any interest earnings that accrue to the fund under |
---|
4409 | | - | section 7 of this chapter. Expenditures from the account may be made only after appropriation |
---|
4410 | | - | of the money in the account by the general assembly. Money in the account must be used by |
---|
4411 | | - | the state for oversight and administration of programs for treatment, education, recovery, and |
---|
4412 | | - | prevention of opioid use disorder and any co-occurring substance use disorders or mental |
---|
4413 | | - | health issues. |
---|
4414 | | - | (2) The state abatement opioid settlement account. The account consists of money distributed |
---|
4415 | | - | to the account under IC 4-6-15-4(a)(3) and the balance of any opioid litigation settlements |
---|
4416 | | - | remaining prior to the passage of P.L.72-2022. Money in the account is continuously |
---|
4417 | | - | appropriated to the office of the secretary of family and social services for treatment, |
---|
4418 | | - | education, recovery, and prevention programs for opioid use disorder and any co-occurring |
---|
4419 | | - | substance use disorder or mental health issues as defined or required by the settlement |
---|
4420 | | - | documents or court order. Before the funds received under this subdivision may be |
---|
4421 | | - | distributed, the office of the secretary of family and social services shall submit a distribution |
---|
4422 | | - | plan to the budget committee for review. |
---|
4423 | | - | Sec. 6. The expenses of administering the fund shall be paid from money in the state unrestricted |
---|
4424 | | - | opioid settlement account established by section 5(1) of this chapter. |
---|
4425 | | - | Sec. 7. The treasurer of state shall invest the money in the fund not currently needed to meet the |
---|
4426 | | - | obligations of the fund in the same manner as other public money may be invested. Interest that |
---|
4427 | | - | accrues from the investments shall be deposited in the state unrestricted opioid settlement account |
---|
4428 | | - | established by section 5(1) of this chapter. |
---|
4429 | | - | Sec. 8. Money in the fund at the end of a state fiscal year does not revert to the state general |
---|
4430 | | - | fund. |
---|
4431 | | - | SECTION 71. IC 4-12-16.3 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ |
---|
4432 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2022 (RETROACTIVE)]: |
---|
4433 | | - | Chapter 16.3. Local Opioid Settlement Fund |
---|
4434 | | - | Sec. 1. As used in this chapter, "fund" means the local opioid settlement fund established by |
---|
4435 | | - | section 2 of this chapter. |
---|
4436 | | - | Sec. 2. The local opioid settlement fund is established. |
---|
4437 | | - | Sec. 3. The fund consists of: |
---|
4438 | | - | (1) all funds received by the state for the benefit of communities under: |
---|
4439 | | - | (A) multi-state and Indiana specific opioid litigation settlements described in IC 4-6-15; and |
---|
4440 | | - | (B) any other form of opioid litigation agreement that: |
---|
4441 | | - | (i) is enforceable by a court; and |
---|
4442 | | - | HEA 1001 — CC 1 |
---|
4443 | | - | 106 (ii) settles litigation between the state and another party; and |
---|
4444 | | - | (2) all money recovered as court costs or costs related to opioid litigation that is distributed |
---|
4445 | | - | to the fund under IC 4-6-15-4(a)(2) and IC 4-6-15-4(a)(4). |
---|
4446 | | - | Sec. 4. The fund shall be administered by the office of the attorney general. |
---|
4447 | | - | Sec. 5. The following accounts are established within the fund: |
---|
4448 | | - | (1) The local unrestricted opioid settlement account. The account consists of money distributed |
---|
4449 | | - | to the account under IC 4-6-15-4(a)(2). Money in the account is continuously appropriated to |
---|
4450 | | - | the office of the attorney general to make the distributions described in IC 4-6-15-4(a)(2). |
---|
4451 | | - | (2) The local abatement opioid settlement account. The account consists of money distributed |
---|
4452 | | - | to the account under IC 4-6-15-4(a)(4). Money in the account is continuously appropriated to |
---|
4453 | | - | the office of the attorney general to make the distributions described in IC 4-6-15-4(a)(4). |
---|
4454 | | - | Sec. 6. The expenses of administering the fund shall be paid from money in the local unrestricted |
---|
4455 | | - | opioid settlement account established by section 5(1) of this chapter. |
---|
4456 | | - | Sec. 7. The treasurer of state shall invest the money in the fund not currently needed to meet the |
---|
4457 | | - | obligations of the fund in the same manner as other public money may be invested. |
---|
4458 | | - | Sec. 8. Money in the fund at the end of a state fiscal year does not revert to the state general |
---|
4459 | | - | fund. |
---|
4460 | | - | SECTION 72. IC 4-12-18-5, AS AMENDED BY P.L.174-2022, SECTION 3, IS AMENDED TO |
---|
4461 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. Discretionary funds deposited into an |
---|
4462 | | - | economic stimulus fund during a period in which the general assembly is convened in a regular session |
---|
4463 | | - | an emergency session under IC 2-2.1-1.2, or a special session may not be allotted or expended unless |
---|
4464 | | - | appropriated by the general assembly or reviewed by the budget committee. Appropriations made by the |
---|
4465 | | - | general assembly do not revert until the end of the biennium in which they are appropriated. |
---|
4466 | | - | SECTION 73. IC 4-12-18-6, AS AMENDED BY P.L.174-2022, SECTION 4, IS AMENDED TO |
---|
4467 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. Before discretionary funds deposited into |
---|
4468 | | - | an economic stimulus fund during a period in which the general assembly is not convened in a regular |
---|
4469 | | - | session an emergency session under IC 2-2.1-1.2, or a special session may be allotted to or expended by |
---|
4470 | | - | a state agency or instrumentality, the allotment or expenditure must be reviewed by the budget committee. |
---|
4471 | | - | Money is considered continuously appropriated for the period of the federal award after budget committee |
---|
4472 | | - | review. |
---|
4473 | | - | SECTION 74. IC 4-15-2.2-27.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
4474 | | - | READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 27.5. Before a revision or adjustment |
---|
4475 | | - | to a pay plan developed under section 27 of this chapter for which all employees are generally |
---|
4476 | | - | eligible may take effect, the director shall submit the proposed pay plan revision or adjustment to |
---|
4477 | | - | the budget committee for review. The requirement under this section does not apply to an increase |
---|
4478 | | - | in an employee's salary or rate of pay that is: |
---|
4479 | | - | (1) based on an evaluation under section 36 of this chapter; |
---|
4480 | | - | (2) based upon a promotion granted to the employee; |
---|
4481 | | - | (3) made specifically to retain the employee; or |
---|
4482 | | - | (4) made for any other reason for which other employees are not eligible. |
---|
4483 | | - | SECTION 75. IC 4-33-13-4 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 4. Sufficient funds are |
---|
4484 | | - | annually appropriated to the commission from the state gaming fund to administer this article. |
---|
4485 | | - | SECTION 76. IC 4-33-13-5, AS AMENDED BY P.L.178-2022(ts), SECTION 2, IS AMENDED TO |
---|
4486 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) This subsection does not apply to tax |
---|
4487 | | - | HEA 1001 — CC 1 |
---|
4488 | | - | 107 revenue remitted by an operating agent operating a riverboat in a historic hotel district. After funds are |
---|
4489 | | - | appropriated under section 4 of this chapter, Excluding funds that are appropriated in the biennial |
---|
4490 | | - | budget act from the state gaming fund to the commission for purposes of administering this article, |
---|
4491 | | - | each month the auditor of state shall distribute the tax revenue deposited in the state gaming fund under |
---|
4492 | | - | this chapter to the following: |
---|
4493 | | - | (1) An amount equal to the following shall be set aside for revenue sharing under subsection (d): |
---|
4494 | | - | (A) Before July 1, 2021, the first thirty-three million dollars ($33,000,000) of tax revenues |
---|
4495 | | - | collected under this chapter shall be set aside for revenue sharing under subsection (d). |
---|
4496 | | - | (B) After June 30, 2021, if the total adjusted gross receipts received by licensees from gambling |
---|
4497 | | - | games authorized under this article during the preceding state fiscal year is equal to or greater |
---|
4498 | | - | than the total adjusted gross receipts received by licensees from gambling games authorized |
---|
4499 | | - | under this article during the state fiscal year ending June 30, 2020, the first thirty-three million |
---|
4500 | | - | dollars ($33,000,000) of tax revenues collected under this chapter shall be set aside for revenue |
---|
4501 | | - | sharing under subsection (d). |
---|
4502 | | - | (C) After June 30, 2021, if the total adjusted gross receipts received by licensees from gambling |
---|
4503 | | - | games authorized under this article during the preceding state fiscal year is less than the total |
---|
4504 | | - | adjusted gross receipts received by licensees from gambling games authorized under this article |
---|
4505 | | - | during the state year ending June 30, 2020, an amount equal to the first thirty-three million |
---|
4506 | | - | dollars ($33,000,000) of tax revenues collected under this chapter multiplied by the result of: |
---|
4507 | | - | (i) the total adjusted gross receipts received by licensees from gambling games authorized |
---|
4508 | | - | under this article during the preceding state fiscal year; divided by |
---|
4509 | | - | (ii) the total adjusted gross receipts received by licensees from gambling games authorized |
---|
4510 | | - | under this article during the state fiscal year ending June 30, 2020; |
---|
4511 | | - | shall be set aside for revenue sharing under subsection (d). |
---|
4512 | | - | (2) Subject to subsection (c), twenty-five percent (25%) of the remaining tax revenue remitted by |
---|
4513 | | - | each licensed owner shall be paid: |
---|
4514 | | - | (A) to the city in which the riverboat is located or that is designated as the home dock of the |
---|
4515 | | - | riverboat from which the tax revenue was collected, in the case of: |
---|
4516 | | - | (i) a city described in IC 4-33-12-6(b)(1)(A); |
---|
4517 | | - | (ii) a city located in Lake County; or |
---|
4518 | | - | (iii) Terre Haute; or |
---|
4519 | | - | (B) to the county that is designated as the home dock of the riverboat from which the tax revenue |
---|
4520 | | - | was collected, in the case of a riverboat that is not located in a city described in clause (A) or |
---|
4521 | | - | whose home dock is not in a city described in clause (A). |
---|
4522 | | - | (3) The remainder of the tax revenue remitted by each licensed owner shall be paid to the state |
---|
4523 | | - | general fund. In each state fiscal year, the auditor of state shall make the transfer required by this |
---|
4524 | | - | subdivision on or before the fifteenth day of the month based on revenue received during the |
---|
4525 | | - | preceding month for deposit in the state gaming fund. Specifically, the auditor of state may transfer |
---|
4526 | | - | the tax revenue received by the state in a month to the state general fund in the immediately |
---|
4527 | | - | following month according to this subdivision. |
---|
4528 | | - | (b) This subsection applies only to tax revenue remitted by an operating agent operating a riverboat |
---|
4529 | | - | in a historic hotel district after June 30, 2019. After funds are appropriated under section 4 of this chapter, |
---|
4530 | | - | Excluding funds that are appropriated in the biennial budget act from the state gaming fund to the |
---|
4531 | | - | commission for purposes of administering this article, each month the auditor of state shall distribute |
---|
4532 | | - | HEA 1001 — CC 1 |
---|
4533 | | - | 108 the tax revenue remitted by the operating agent under this chapter as follows: |
---|
4534 | | - | (1) For state fiscal years beginning after June 30, 2019, but ending before July 1, 2021, fifty-six and |
---|
4535 | | - | five-tenths percent (56.5%) shall be paid to the state general fund. |
---|
4536 | | - | (2) For state fiscal years beginning after June 30, 2021, fifty-six and five-tenths percent (56.5%) |
---|
4537 | | - | shall be paid as follows: |
---|
4538 | | - | (A) Sixty-six and four-tenths percent (66.4%) shall be paid to the state general fund. |
---|
4539 | | - | (B) Thirty-three and six-tenths percent (33.6%) shall be paid to the West Baden Springs historic |
---|
4540 | | - | hotel preservation and maintenance fund established by IC 36-7-11.5-11(b). However, if: |
---|
4541 | | - | (i) at any time the balance in that fund exceeds twenty-five million dollars ($25,000,000); or |
---|
4542 | | - | (ii) in any part of a state fiscal year in which the operating agent has received at least one |
---|
4543 | | - | hundred million dollars ($100,000,000) of adjusted gross receipts; |
---|
4544 | | - | the amount described in this clause shall be paid to the state general fund for the remainder of |
---|
4545 | | - | the state fiscal year. |
---|
4546 | | - | (3) Forty-three and five-tenths percent (43.5%) shall be paid as follows: |
---|
4547 | | - | (A) Twenty-two and four-tenths percent (22.4%) shall be paid as follows: |
---|
4548 | | - | (i) Fifty percent (50%) to the fiscal officer of the town of French Lick. |
---|
4549 | | - | (ii) Fifty percent (50%) to the fiscal officer of the town of West Baden Springs. |
---|
4550 | | - | (B) Fourteen and eight-tenths percent (14.8%) shall be paid to the county treasurer of Orange |
---|
4551 | | - | County for distribution among the school corporations in the county. The governing bodies for |
---|
4552 | | - | the school corporations in the county shall provide a formula for the distribution of the money |
---|
4553 | | - | received under this clause among the school corporations by joint resolution adopted by the |
---|
4554 | | - | governing body of each of the school corporations in the county. Money received by a school |
---|
4555 | | - | corporation under this clause must be used to improve the educational attainment of students |
---|
4556 | | - | enrolled in the school corporation receiving the money. Not later than the first regular meeting |
---|
4557 | | - | in the school year of a governing body of a school corporation receiving a distribution under this |
---|
4558 | | - | clause, the superintendent of the school corporation shall submit to the governing body a report |
---|
4559 | | - | describing the purposes for which the receipts under this clause were used and the improvements |
---|
4560 | | - | in educational attainment realized through the use of the money. The report is a public record. |
---|
4561 | | - | (C) Thirteen and one-tenth percent (13.1%) shall be paid to the county treasurer of Orange |
---|
4562 | | - | County. |
---|
4563 | | - | (D) Five and three-tenths percent (5.3%) shall be distributed quarterly to the county treasurer of |
---|
4564 | | - | Dubois County for appropriation by the county fiscal body after receiving a recommendation |
---|
4565 | | - | from the county executive. The county fiscal body for the receiving county shall provide for the |
---|
4566 | | - | distribution of the money received under this clause to one (1) or more taxing units (as defined |
---|
4567 | | - | in IC 6-1.1-1-21) in the county under a formula established by the county fiscal body after |
---|
4568 | | - | receiving a recommendation from the county executive. |
---|
4569 | | - | (E) Five and three-tenths percent (5.3%) shall be distributed quarterly to the county treasurer of |
---|
4570 | | - | Crawford County for appropriation by the county fiscal body after receiving a recommendation |
---|
4571 | | - | from the county executive. The county fiscal body for the receiving county shall provide for the |
---|
4572 | | - | distribution of the money received under this clause to one (1) or more taxing units (as defined |
---|
4573 | | - | in IC 6-1.1-1-21) in the county under a formula established by the county fiscal body after |
---|
4574 | | - | receiving a recommendation from the county executive. |
---|
4575 | | - | (F) Six and thirty-five hundredths percent (6.35%) shall be paid to the fiscal officer of the town |
---|
4576 | | - | of Paoli. |
---|
4577 | | - | HEA 1001 — CC 1 |
---|
4578 | | - | 109 (G) Six and thirty-five hundredths percent (6.35%) shall be paid to the fiscal officer of the town |
---|
4579 | | - | of Orleans. |
---|
4580 | | - | (H) Twenty-six and four-tenths percent (26.4%) shall be paid to the Indiana economic |
---|
4581 | | - | development corporation established by IC 5-28-3-1 for transfer as follows: |
---|
4582 | | - | (i) Beginning after December 31, 2017, ten percent (10%) of the amount transferred under this |
---|
4583 | | - | clause in each calendar year shall be transferred to the South Central Indiana Regional |
---|
4584 | | - | Economic Development Corporation or a successor entity or partnership for economic |
---|
4585 | | - | development for the purpose of recruiting new business to Orange County as well as promoting |
---|
4586 | | - | the retention and expansion of existing businesses in Orange County. |
---|
4587 | | - | (ii) The remainder of the amount transferred under this clause in each calendar year shall be |
---|
4588 | | - | transferred to Radius Indiana or a successor regional entity or partnership for the development |
---|
4589 | | - | and implementation of a regional economic development strategy to assist the residents of |
---|
4590 | | - | Orange County and the counties contiguous to Orange County in improving their quality of life |
---|
4591 | | - | and to help promote successful and sustainable communities. |
---|
4592 | | - | To the extent possible, the Indiana economic development corporation shall provide for the |
---|
4593 | | - | transfer under item (i) to be made in four (4) equal installments. However, an amount sufficient |
---|
4594 | | - | to meet current obligations to retire or refinance indebtedness or leases for which tax revenues |
---|
4595 | | - | under this section were pledged before January 1, 2015, by the Orange County development |
---|
4596 | | - | commission shall be paid to the Orange County development commission before making |
---|
4597 | | - | distributions to the South Central Indiana Regional Economic Development Corporation and |
---|
4598 | | - | Radius Indiana or their successor entities or partnerships. The amount paid to the Orange County |
---|
4599 | | - | development commission shall proportionally reduce the amount payable to the South Central |
---|
4600 | | - | Indiana Regional Economic Development Corporation and Radius Indiana or their successor |
---|
4601 | | - | entities or partnerships. |
---|
4602 | | - | (c) This subsection does not apply to tax revenue remitted by an inland casino operating in Vigo |
---|
4603 | | - | County. For each city and county receiving money under subsection (a)(2), the auditor of state shall |
---|
4604 | | - | determine the total amount of money paid by the auditor of state to the city or county during the state |
---|
4605 | | - | fiscal year 2002. The amount determined is the base year revenue for the city or county. The auditor of |
---|
4606 | | - | state shall certify the base year revenue determined under this subsection to the city or county. The total |
---|
4607 | | - | amount of money distributed to a city or county under this section during a state fiscal year may not |
---|
4608 | | - | exceed the entity's base year revenue. For each state fiscal year, the auditor of state shall pay that part of |
---|
4609 | | - | the riverboat wagering taxes that: |
---|
4610 | | - | (1) exceeds a particular city's or county's base year revenue; and |
---|
4611 | | - | (2) would otherwise be due to the city or county under this section; |
---|
4612 | | - | to the state general fund instead of to the city or county. |
---|
4613 | | - | (d) Except as provided in subsections (k) and (l), before August 15 of each year, the auditor of state |
---|
4614 | | - | shall distribute the wagering taxes set aside for revenue sharing under subsection (a)(1) to the county |
---|
4615 | | - | treasurer of each county that does not have a riverboat according to the ratio that the county's population |
---|
4616 | | - | bears to the total population of the counties that do not have a riverboat. Except as provided in subsection |
---|
4617 | | - | (g), the county auditor shall distribute the money received by the county under this subsection as follows: |
---|
4618 | | - | (1) To each city located in the county according to the ratio the city's population bears to the total |
---|
4619 | | - | population of the county. |
---|
4620 | | - | (2) To each town located in the county according to the ratio the town's population bears to the total |
---|
4621 | | - | population of the county. |
---|
4622 | | - | HEA 1001 — CC 1 |
---|
4623 | | - | 110 (3) After the distributions required in subdivisions (1) and (2) are made, the remainder shall be |
---|
4624 | | - | retained by the county. |
---|
4625 | | - | (e) Money received by a city, town, or county under subsection (d) or (g) may be used for any of the |
---|
4626 | | - | following purposes: |
---|
4627 | | - | (1) To reduce the property tax levy of the city, town, or county for a particular year (a property tax |
---|
4628 | | - | reduction under this subdivision does not reduce the maximum levy of the city, town, or county |
---|
4629 | | - | under IC 6-1.1-18.5). |
---|
4630 | | - | (2) For deposit in a special fund or allocation fund created under IC 8-22-3.5, IC 36-7-14, |
---|
4631 | | - | IC 36-7-14.5, IC 36-7-15.1, and IC 36-7-30 to provide funding for debt repayment. |
---|
4632 | | - | (3) To fund sewer and water projects, including storm water management projects. |
---|
4633 | | - | (4) For police and fire pensions. |
---|
4634 | | - | (5) To carry out any governmental purpose for which the money is appropriated by the fiscal body |
---|
4635 | | - | of the city, town, or county. Money used under this subdivision does not reduce the property tax levy |
---|
4636 | | - | of the city, town, or county for a particular year or reduce the maximum levy of the city, town, or |
---|
4637 | | - | county under IC 6-1.1-18.5. |
---|
4638 | | - | (f) This subsection does not apply to an inland casino operating in Vigo County. Before July 15 of each |
---|
4639 | | - | year, the auditor of state shall determine the total amount of money distributed to an entity under |
---|
4640 | | - | IC 4-33-12-6 or IC 4-33-12-8 during the preceding state fiscal year. If the auditor of state determines that |
---|
4641 | | - | the total amount of money distributed to an entity under IC 4-33-12-6 or IC 4-33-12-8 during the |
---|
4642 | | - | preceding state fiscal year was less than the entity's base year revenue (as determined under |
---|
4643 | | - | IC 4-33-12-9), the auditor of state shall make a supplemental distribution to the entity from taxes collected |
---|
4644 | | - | under this chapter and deposited into the state general fund. Except as provided in subsection (h), the |
---|
4645 | | - | amount of an entity's supplemental distribution is equal to: |
---|
4646 | | - | (1) the entity's base year revenue (as determined under IC 4-33-12-9); minus |
---|
4647 | | - | (2) the sum of: |
---|
4648 | | - | (A) the total amount of money distributed to the entity and constructively received by the entity |
---|
4649 | | - | during the preceding state fiscal year under IC 4-33-12-6 or IC 4-33-12-8; plus |
---|
4650 | | - | (B) the amount of any admissions taxes deducted under IC 6-3.1-20-7. |
---|
4651 | | - | (g) This subsection applies only to Marion County. The county auditor shall distribute the money |
---|
4652 | | - | received by the county under subsection (d) as follows: |
---|
4653 | | - | (1) To each city, other than the consolidated city, located in the county according to the ratio that |
---|
4654 | | - | the city's population bears to the total population of the county. |
---|
4655 | | - | (2) To each town located in the county according to the ratio that the town's population bears to the |
---|
4656 | | - | total population of the county. |
---|
4657 | | - | (3) After the distributions required in subdivisions (1) and (2) are made, the remainder shall be paid |
---|
4658 | | - | in equal amounts to the consolidated city and the county. |
---|
4659 | | - | (h) This subsection does not apply to an inland casino operating in Vigo County. This subsection |
---|
4660 | | - | applies to a supplemental distribution made after June 30, 2017. The maximum amount of money that |
---|
4661 | | - | may be distributed under subsection (f) in a state fiscal year is equal to the following: |
---|
4662 | | - | (1) Before July 1, 2021, forty-eight million dollars ($48,000,000). |
---|
4663 | | - | (2) After June 30, 2021, if the total adjusted gross receipts received by licensees from gambling |
---|
4664 | | - | games authorized under this article during the preceding state fiscal year is equal to or greater than |
---|
4665 | | - | the total adjusted gross receipts received by licensees from gambling games authorized under this |
---|
4666 | | - | article during the state fiscal year ending June 30, 2020, the maximum amount is forty-eight million |
---|
4667 | | - | HEA 1001 — CC 1 |
---|
4668 | | - | 111 dollars ($48,000,000). |
---|
4669 | | - | (3) After June 30, 2021, if the total adjusted gross receipts received by licensees from gambling |
---|
4670 | | - | games authorized under this article during the preceding state fiscal year is less than the total |
---|
4671 | | - | adjusted gross receipts received by licensees from gambling games authorized under this article |
---|
4672 | | - | during the state fiscal year ending June 30, 2020, the maximum amount is equal to the result of: |
---|
4673 | | - | (A) forty-eight million dollars ($48,000,000); multiplied by |
---|
4674 | | - | (B) the result of: |
---|
4675 | | - | (i) the total adjusted gross receipts received by licensees from gambling games authorized |
---|
4676 | | - | under this article during the preceding state fiscal year; divided by |
---|
4677 | | - | (ii) the total adjusted gross receipts received by licensees from gambling games authorized |
---|
4678 | | - | under this article during the state fiscal year ending June 30, 2020. |
---|
4679 | | - | If the total amount determined under subsection (f) exceeds the maximum amount determined under this |
---|
4680 | | - | subsection, the amount distributed to an entity under subsection (f) must be reduced according to the ratio |
---|
4681 | | - | that the amount distributed to the entity under IC 4-33-12-6 or IC 4-33-12-8 bears to the total amount |
---|
4682 | | - | distributed under IC 4-33-12-6 and IC 4-33-12-8 to all entities receiving a supplemental distribution. |
---|
4683 | | - | (i) This subsection applies to a supplemental distribution, if any, payable to Lake County, Hammond, |
---|
4684 | | - | Gary, or East Chicago under subsections (f) and (h). Beginning in July 2016, the auditor of state shall, |
---|
4685 | | - | after making any deductions from the supplemental distribution required by IC 6-3.1-20-7, deduct from |
---|
4686 | | - | the remainder of the supplemental distribution otherwise payable to the unit under this section the lesser |
---|
4687 | | - | of: |
---|
4688 | | - | (1) the remaining amount of the supplemental distribution; or |
---|
4689 | | - | (2) the difference, if any, between: |
---|
4690 | | - | (A) three million five hundred thousand dollars ($3,500,000); minus |
---|
4691 | | - | (B) the amount of admissions taxes constructively received by the unit in the previous state fiscal |
---|
4692 | | - | year. |
---|
4693 | | - | The auditor of state shall distribute the amounts deducted under this subsection to the northwest Indiana |
---|
4694 | | - | redevelopment authority established under IC 36-7.5-2-1 for deposit in the development authority revenue |
---|
4695 | | - | fund established under IC 36-7.5-4-1. |
---|
4696 | | - | (j) Money distributed to a political subdivision under subsection (b): |
---|
4697 | | - | (1) must be paid to the fiscal officer of the political subdivision and may be deposited in the political |
---|
4698 | | - | subdivision's general fund (in the case of a school corporation, the school corporation may deposit |
---|
4699 | | - | the money into either the education fund (IC 20-40-2) or the operations fund (IC 20-40-18)) or |
---|
4700 | | - | riverboat fund established under IC 36-1-8-9, or both; |
---|
4701 | | - | (2) may not be used to reduce the maximum levy under IC 6-1.1-18.5 of a county, city, or town or |
---|
4702 | | - | the maximum tax rate of a school corporation, but, except as provided in subsection (b)(3)(B), may |
---|
4703 | | - | be used at the discretion of the political subdivision to reduce the property tax levy of the county, |
---|
4704 | | - | city, or town for a particular year; |
---|
4705 | | - | (3) except as provided in subsection (b)(3)(B), may be used for any legal or corporate purpose of the |
---|
4706 | | - | political subdivision, including the pledge of money to bonds, leases, or other obligations under |
---|
4707 | | - | IC 5-1-14-4; and |
---|
4708 | | - | (4) is considered miscellaneous revenue. |
---|
4709 | | - | Money distributed under subsection (b)(3)(B) must be used for the purposes specified in subsection |
---|
4710 | | - | (b)(3)(B). |
---|
4711 | | - | (k) After June 30, 2020, the amount of wagering taxes that would otherwise be distributed to South |
---|
4712 | | - | HEA 1001 — CC 1 |
---|
4713 | | - | 112 Bend under subsection (d) shall be deposited as being received from all riverboats whose supplemental |
---|
4714 | | - | wagering tax, as calculated under IC 4-33-12-1.5(b), is over three and five-tenths percent (3.5%). The |
---|
4715 | | - | amount deposited under this subsection, in each riverboat's account, is proportionate to the supplemental |
---|
4716 | | - | wagering tax received from that riverboat under IC 4-33-12-1.5 in the month of July. The amount |
---|
4717 | | - | deposited under this subsection must be distributed in the same manner as the supplemental wagering tax |
---|
4718 | | - | collected under IC 4-33-12-1.5. This subsection expires June 30, 2021. |
---|
4719 | | - | (l) After June 30, 2021, the amount of wagering taxes that would otherwise be distributed to South |
---|
4720 | | - | Bend under subsection (d) shall be withheld and deposited in the state general fund. |
---|
4721 | | - | SECTION 77. IC 5-10-8-7.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ |
---|
4722 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7.4. The state personnel department shall, when |
---|
4723 | | - | contracting for the self-insurance program under section 7(b) of this chapter or prepaid health care |
---|
4724 | | - | delivery under section 7(c) of this chapter, require the use of value based coverage as part of the |
---|
4725 | | - | contract. |
---|
4726 | | - | SECTION 78. IC 5-10-8-8.5, AS AMENDED BY P.L.92-2021, SECTION 4, IS AMENDED TO |
---|
4727 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 8.5. (a) The retiree health benefit trust fund |
---|
4728 | | - | is established to provide funding for a retiree health benefit plan developed under IC 5-10-8.5. |
---|
4729 | | - | (b) The trust fund shall be administered by the INPRS. The expenses of administering the trust fund |
---|
4730 | | - | shall be paid from money in the trust fund. The trust fund consists of cigarette tax revenues deposited in |
---|
4731 | | - | the fund under IC 6-7-1-28.1(7) IC 6-7-1-28.1(6) and other appropriations, revenues, or transfers to the |
---|
4732 | | - | trust fund under IC 4-12-1. |
---|
4733 | | - | (c) The INPRS shall invest the money in the trust fund not currently needed to meet the obligations |
---|
4734 | | - | of the trust fund in the same manner and with the same limitations described in IC 5-10.5-4-1 and |
---|
4735 | | - | IC 5-10.5-5-1. |
---|
4736 | | - | (d) The trust fund is considered a trust fund for purposes of IC 4-9.1-1-7. Money may not be |
---|
4737 | | - | transferred, assigned, or otherwise removed from the trust fund by the state board of finance, the budget |
---|
4738 | | - | agency, or any other state agency. |
---|
4739 | | - | (e) The trust fund shall be established and administered in a manner that complies with Internal |
---|
4740 | | - | Revenue Code requirements concerning health reimbursement arrangement (HRA) trusts. Contributions |
---|
4741 | | - | by the state to the trust fund are irrevocable. All assets held in the trust fund must be held for the exclusive |
---|
4742 | | - | benefit of participants of the retiree health benefit plan developed under IC 5-10-8.5 and their |
---|
4743 | | - | beneficiaries. All assets in the trust fund: |
---|
4744 | | - | (1) are dedicated exclusively to providing benefits to participants of the plan and their beneficiaries |
---|
4745 | | - | according to the terms of the plan; and |
---|
4746 | | - | (2) are exempt from levy, sale, garnishment, attachment, or other legal process. |
---|
4747 | | - | (f) Money in the trust fund does not revert to the state general fund at the end of any state fiscal year. |
---|
4748 | | - | (g) The money in the trust fund is appropriated to the INPRS for providing the retiree health benefit |
---|
4749 | | - | plan developed under IC 5-10-8.5. |
---|
4750 | | - | (h) The budget agency may transfer appropriations from federal or dedicated funds to the retiree health |
---|
4751 | | - | benefit trust fund. |
---|
4752 | | - | SECTION 79. IC 5-10-9.8-3 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 3. If the amount of |
---|
4753 | | - | money available in the fund during a state fiscal year is insufficient to pay death benefit claims under the |
---|
4754 | | - | statutes specified in section 2(a) of this chapter, there is annually appropriated to the board from the state |
---|
4755 | | - | general fund an amount equal to the deficiency for its purpose in administering the fund. |
---|
4756 | | - | SECTION 80. IC 5-10.2-4-8.2, AS AMENDED BY P.L.27-2019, SECTION 3, IS AMENDED TO |
---|
4757 | | - | HEA 1001 — CC 1 |
---|
4758 | | - | 113 READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 8.2. (a) Notwithstanding section 8 of this |
---|
4759 | | - | chapter, if a member who is receiving retirement benefits is elected or appointed to an elected position |
---|
4760 | | - | covered by this article, the member shall file a written, irrevocable election with the board to continue or |
---|
4761 | | - | discontinue retirement benefits while the member holds the elected position. |
---|
4762 | | - | (b) If a member: |
---|
4763 | | - | (1) is elected or appointed to an elected position and: |
---|
4764 | | - | (A) becomes at least fifty-five (55) years of age; and |
---|
4765 | | - | (B) completes at least twenty (20) years of service; or |
---|
4766 | | - | (2) is serving in any other position covered by this article and: |
---|
4767 | | - | (A) becomes: |
---|
4768 | | - | (i) before July 1, 2023, at least seventy (70) years of age; and |
---|
4769 | | - | (ii) after June 30, 2023, at least sixty-five (65) years of age; and |
---|
4770 | | - | (B) completes at least twenty (20) years of service; |
---|
4771 | | - | while holding the position, the member may file a written, irrevocable election to begin receiving, while |
---|
4772 | | - | holding the position, retirement benefits to which the member would be entitled by age and service. A |
---|
4773 | | - | member who does not make the irrevocable election while holding the position continues to accrue |
---|
4774 | | - | service credit for any period from the date the member qualifies to make the election under this subsection |
---|
4775 | | - | to the date on which the member files a retirement application or the date on which the member ceases |
---|
4776 | | - | to hold the position, whichever occurs first. |
---|
4777 | | - | (c) The form and content of an election shall be prescribed by the board. If the member elects to |
---|
4778 | | - | discontinue receiving retirement benefits, the member shall make contributions as required in |
---|
4779 | | - | IC 5-10.2-3-2. If the member elects to continue or begin receiving benefits: |
---|
4780 | | - | (1) the member may continue to make contributions under IC 5-10.2-3-2 but is not required to do |
---|
4781 | | - | so; and |
---|
4782 | | - | (2) the member waives the accrual of service credit and the right to any supplemental benefit from |
---|
4783 | | - | service in the position, except to the extent that the value of the accrual of additional service credit |
---|
4784 | | - | and any supplemental benefit exceeds the actuarial value of the benefits received under this chapter |
---|
4785 | | - | and that were continued or begun pursuant to an election under this section. |
---|
4786 | | - | (d) Except to the extent of the liability for any additional benefit accrued under subsection (c)(2), the |
---|
4787 | | - | employer shall make the employer's contribution only for past service liability based on the salary for the |
---|
4788 | | - | position of a member who elects under subsection (a) or (b) to continue or begin receiving retirement |
---|
4789 | | - | benefits. |
---|
4790 | | - | (e) Section 10 of this chapter applies to a member who elects under subsection (a) to discontinue |
---|
4791 | | - | receiving retirement benefits. Section 10 of this chapter does not apply, while the member holds a position |
---|
4792 | | - | covered by this article, to a member who elects under subsection (a) or (b) to continue or begin receiving |
---|
4793 | | - | retirement benefits. |
---|
4794 | | - | SECTION 81. IC 5-10.3-11-1, AS AMENDED BY P.L.23-2011, SECTION 20, IS AMENDED TO |
---|
4795 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. There is created within the public |
---|
4796 | | - | employees' retirement fund a separate account known as the pension relief fund. This fund is administered |
---|
4797 | | - | by the board of trustees of the Indiana public retirement system, referred to as the "state board" in this |
---|
4798 | | - | chapter. The pension relief fund consists of revenues received under IC 6-7-1-28.1(4), IC 6-7-1-28.1(3), |
---|
4799 | | - | IC 7.1-4-12-1, any appropriations to the fund, and earnings on these revenues. |
---|
4800 | | - | SECTION 82. IC 5-11-4-3, AS AMENDED BY P.L.165-2021, SECTION 62, IS AMENDED TO |
---|
4801 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) The expense of examination and |
---|
4802 | | - | HEA 1001 — CC 1 |
---|
4803 | | - | 114 investigation of accounts shall be paid by each municipality or entity as provided in this chapter. |
---|
4804 | | - | (b) The state examiner shall not certify more often than monthly to the auditor of each county the |
---|
4805 | | - | amount chargeable to each taxing unit within the county for the expense of its examinations as provided |
---|
4806 | | - | in this chapter. Immediately upon receipt of the certified statement, the county auditor shall issue a |
---|
4807 | | - | warrant on the county treasurer payable to the treasurer of state out of the general fund of the county for |
---|
4808 | | - | the amount stated in the certificate. The county auditor shall reimburse the county general fund, except |
---|
4809 | | - | for the expense of examination and investigation of county offices, out of the money due the taxing units |
---|
4810 | | - | at the next semiannual settlement of the collection of taxes. |
---|
4811 | | - | (c) If the county to which a claim is made is not in possession or has not collected the funds due or to |
---|
4812 | | - | be due to any examined municipality, then the certificate must be filed with and the warrant shall be |
---|
4813 | | - | drawn by the officer of the municipality having authority to draw warrants upon its funds. The |
---|
4814 | | - | municipality shall pay the warrant immediately to the treasurer of state. The money, when received by the |
---|
4815 | | - | treasurer of state, shall be deposited in the examinations fund created by subsection (g). (h). |
---|
4816 | | - | (d) Except as otherwise provided in this chapter, each: |
---|
4817 | | - | (1) taxing unit; and |
---|
4818 | | - | (2) soil and water conservation district; |
---|
4819 | | - | shall be charged at the rate of one hundred seventy-five dollars ($175) per day an amount equal to fifty |
---|
4820 | | - | percent (50%) of the actual direct and indirect cost of performing an examination for each field |
---|
4821 | | - | examiner, private examiner, expert, or employee of the state board of accounts who is engaged in making |
---|
4822 | | - | examinations or investigations carried out under this article, but not to exceed four hundred dollars |
---|
4823 | | - | ($400) per day. Audited entities described in subdivisions (1) and (2) shall be charged the actual direct |
---|
4824 | | - | and indirect allowable cost under 2 CFR 200.425 of performing the audit. Except as provided in |
---|
4825 | | - | subsection (h), (i), all other audited entities shall be charged the actual direct and indirect cost of |
---|
4826 | | - | performing the examination or investigation. |
---|
4827 | | - | (e) The audit committee shall annually review the amounts charged under subsection (d) to |
---|
4828 | | - | ensure that the cost of performing an audit does not exceed an amount equal to eighty percent |
---|
4829 | | - | (80%) of the market rate cost. The state board of accounts shall provide an annual report to the |
---|
4830 | | - | audit committee comparing the state board of accounts' rates to the prevailing market rates to |
---|
4831 | | - | assist in the audit committee's review. |
---|
4832 | | - | (e) (f) The state examiner shall certify, as necessary, to the proper disbursing officer the total amount |
---|
4833 | | - | of expense incurred for the examination of: |
---|
4834 | | - | (1) any unit of state government or entity that is required by law to bear the costs of its own |
---|
4835 | | - | examination and operating expense; or |
---|
4836 | | - | (2) any utility owned or operated by any municipality or any department of the municipality, if the |
---|
4837 | | - | utility is operated from revenues or receipts other than taxation. |
---|
4838 | | - | Upon receipt of the state examiner's certificate the unit of state government, entity, or utility shall |
---|
4839 | | - | immediately pay to the treasurer of state the amount charged. The money, when received by the treasurer |
---|
4840 | | - | of state, shall be deposited in the examinations fund created by subsection (g). (h). |
---|
4841 | | - | (f) (g) In addition to other charges provided in this chapter, the state examiner may charge a reasonable |
---|
4842 | | - | fee for technology and processing costs related to completing reports of examination and processing |
---|
4843 | | - | reports of examination in the same manner as other charges are made under this chapter. The fees shall |
---|
4844 | | - | be deposited in the examinations fund created by subsection (g). (h). |
---|
4845 | | - | (g) (h) There is created a dedicated fund known as the examinations fund in the hands of the state |
---|
4846 | | - | examiner to be used by the state examiner for the payment of the expense of examinations under this |
---|
4847 | | - | HEA 1001 — CC 1 |
---|
4848 | | - | 115 article. All fees charged for examinations under this article shall be deposited into the examinations fund. |
---|
4849 | | - | Money remaining in the fund at the end of the state fiscal year does not revert to the state general fund. |
---|
4850 | | - | (h) (i) A municipality that contracts for services with a volunteer fire department may pay the cost of |
---|
4851 | | - | an examination or investigation of the volunteer fire department under this chapter. |
---|
4852 | | - | (i) (j) An audit of a county shall include, but not be limited to, an audit of that county's soil and water |
---|
4853 | | - | conservation district established under IC 14-32. |
---|
4854 | | - | SECTION 83. IC 5-13-12-11, AS AMENDED BY P.L.4-2005, SECTION 27, IS AMENDED TO |
---|
4855 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. (a) In addition to the authority given the |
---|
4856 | | - | board for depositories in section 7 of this chapter, the board may lend, from that part of the insurance fund |
---|
4857 | | - | reserved for economic development, to any commuter transportation district that is established under |
---|
4858 | | - | IC 8-5-15 an amount not to exceed two million six hundred thousand dollars ($2,600,000). |
---|
4859 | | - | (b) The board of trustees of a district that receives a loan under this section shall do the following: |
---|
4860 | | - | (1) Use the loan proceeds only for paying or reimbursing the following costs and expenses of the |
---|
4861 | | - | district: |
---|
4862 | | - | (A) Property and casualty insurance premiums. |
---|
4863 | | - | (B) Trackage lease payments. |
---|
4864 | | - | (C) Traction power expenses. |
---|
4865 | | - | (D) Conducting a study of commuter transportation within the district under P.L.48-1986. |
---|
4866 | | - | (E) Any expenses incurred by the district in the ordinary course of providing commuter rail |
---|
4867 | | - | service. |
---|
4868 | | - | (2) Develop a financial plan for commuter rail service within the district for each year during the |
---|
4869 | | - | loan period. The financial plan must contain the elements prescribed in, and be subject to review and |
---|
4870 | | - | approval under, subsection (c). |
---|
4871 | | - | (3) Repay the loan in eight (8) annual installments on dates determined by the board for depositories, |
---|
4872 | | - | subject to the following conditions: |
---|
4873 | | - | (A) The first payment must be made on July 1, 1988. |
---|
4874 | | - | (B) Each annual payment must equal one-eighth (1/8) of the principal of the loan plus interest |
---|
4875 | | - | at a rate determined by the board for depositories. The rate of interest must not be: |
---|
4876 | | - | (i) lower than the lowest interest rate set by the state board of finance for a loan under |
---|
4877 | | - | IC 4-4-8-8 (transferred to IC 5-28-9-15) before April 1, 1986; or |
---|
4878 | | - | (ii) greater than the average yield on investments made by the board in January, February, and |
---|
4879 | | - | March of 1986. |
---|
4880 | | - | (4) As required by subsection (d), report annually to the board for depositories on compliance with |
---|
4881 | | - | the financial plan developed under subsection (c). |
---|
4882 | | - | (5) Notwithstanding subdivision (3), pledge to repay the balance of the loan plus interest at a time |
---|
4883 | | - | and in a manner specified by the board for depositories whenever the board for depositories |
---|
4884 | | - | determines that one (1) of the following has occurred: |
---|
4885 | | - | (A) The board of trustees of the district has failed to develop a financial plan that substantially |
---|
4886 | | - | complies with subsection (c). |
---|
4887 | | - | (B) There has not been substantial compliance with a financial plan. |
---|
4888 | | - | (C) The board of trustees of the district has failed to make a payment on the date established |
---|
4889 | | - | under subdivision (3). |
---|
4890 | | - | If repayment is required under this subdivision, the treasurer of state shall transfer the amount |
---|
4891 | | - | necessary to the insurance fund from the allocation to the district from the public mass transportation |
---|
4892 | | - | HEA 1001 — CC 1 |
---|
4893 | | - | 116 fund state general fund for the remainder of the state fiscal year in which the repayment is required. |
---|
4894 | | - | If the amount transferred from the allocation is insufficient, the balance shall be transferred from the |
---|
4895 | | - | commuter rail service fund until the repayment is complete. |
---|
4896 | | - | (c) Before December 1 of each year, the board of trustees of a district receiving a loan under this |
---|
4897 | | - | section shall submit to the board for depositories, the Indiana department of transportation, and the budget |
---|
4898 | | - | committee a financial plan for the following calendar year. The plan must provide for an annual operating |
---|
4899 | | - | budget under which expenses do not exceed revenues from all sources. The financial plan may identify |
---|
4900 | | - | supplemental revenue sources from within the district that will be dedicated during the year to commuter |
---|
4901 | | - | rail service in the district. Within sixty (60) days after the plan is submitted, the board for depositories |
---|
4902 | | - | shall determine if the financial plan complies with this subsection. In making its determination, the board |
---|
4903 | | - | for depositories shall consider the recommendations of the budget committee, which shall base its |
---|
4904 | | - | recommendations on the department of transportation's evaluation of the financial plan. |
---|
4905 | | - | (d) Before April 1 of the second calendar year after a loan under this section is made and before April |
---|
4906 | | - | 1 of each year thereafter, the board of trustees of a district receiving a loan shall submit to the board for |
---|
4907 | | - | depositories, the Indiana department of transportation, and the budget committee a report covering the |
---|
4908 | | - | preceding calendar year. The report must summarize the district's compliance with the financial plan |
---|
4909 | | - | submitted under subsection (c) and must contain other information as the board for depositories may |
---|
4910 | | - | require. Before July 1 of that year, the board for depositories shall determine if the district has |
---|
4911 | | - | substantially complied with the financial plan. In making its determination, the board for depositories |
---|
4912 | | - | shall consider the recommendations of the budget committee, which shall base its recommendations on |
---|
4913 | | - | the Indiana department of transportation's evaluation of the report. |
---|
4914 | | - | (e) After January 1, 1988, the board for depositories and the board of trustees of a district receiving |
---|
4915 | | - | a loan under this section may agree to an early repayment of the loan. If an early repayment is agreed to, |
---|
4916 | | - | the board for depositories may guarantee a loan obtained by the board of trustees under conditions |
---|
4917 | | - | established by the board for depositories. These conditions may include the requirement that the district |
---|
4918 | | - | pledge to repay from its allocations from the public mass transportation fund state general fund and the |
---|
4919 | | - | commuter rail fund service any loss sustained by the insurance fund as a result of the guarantee. |
---|
4920 | | - | SECTION 84. IC 5-28-5-6, AS ADDED BY P.L.4-2005, SECTION 34, IS AMENDED TO READ AS |
---|
4921 | | - | FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. The board shall may establish an advisory committee |
---|
4922 | | - | to advise the board and the corporation on issues determined by the board. The advisory committee must: |
---|
4923 | | - | may: |
---|
4924 | | - | (1) have members that represent diverse geographic areas and economic sectors of Indiana; and |
---|
4925 | | - | (2) include members or representatives of local economic development organizations. |
---|
4926 | | - | SECTION 85. IC 5-28-6-9, AS ADDED BY P.L.135-2022, SECTION 3, IS AMENDED TO READ |
---|
4927 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 9. (a) Subject to subsection (c), the aggregate amount |
---|
4928 | | - | of applicable tax credits that the corporation may award certify for a state fiscal year for all taxpayers is |
---|
4929 | | - | three hundred million dollars ($300,000,000). two hundred fifty million dollars ($250,000,000). |
---|
4930 | | - | (b) For purposes of determining the amount of applicable tax credits that have been awarded certified |
---|
4931 | | - | for a state fiscal year, the following apply: |
---|
4932 | | - | (1) An applicable tax credit is considered awarded in the state fiscal year in which the taxpayer can |
---|
4933 | | - | first claim the credit, determined without regard to any carryforward period or carryback period. |
---|
4934 | | - | (2) An applicable tax credit awarded by the corporation before July 1, 2022, shall be counted toward |
---|
4935 | | - | the aggregate credit limitation under this section. |
---|
4936 | | - | (3) If an accelerated credit is awarded under IC 6-3.1-26-15, the amount counted toward the |
---|
4937 | | - | HEA 1001 — CC 1 |
---|
4938 | | - | 117 aggregate credit limitation under this section for a state fiscal year shall be the amount of the credit |
---|
4939 | | - | for the taxable year described in subdivision (1) prior to any discount. |
---|
4940 | | - | (c) Notwithstanding subsection (a), if the corporation determines that: |
---|
4941 | | - | (1) an applicable tax credit should be certified in a state fiscal year; and |
---|
4942 | | - | (2) certification of the applicable tax credit will result in an aggregate amount of applicable |
---|
4943 | | - | tax credits certified for that state fiscal year that exceeds the maximum amount provided in |
---|
4944 | | - | subsection (a); |
---|
4945 | | - | the corporation may, after review by the budget committee, certify the applicable tax credit to the |
---|
4946 | | - | taxpayer. |
---|
4947 | | - | SECTION 86. IC 5-28-8-5, AS ADDED BY P.L.4-2005, SECTION 34, IS AMENDED TO READ AS |
---|
4948 | | - | FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) The economic development fund is established |
---|
4949 | | - | within the state treasury. The fund is a revolving fund to provide grants and loans for economic |
---|
4950 | | - | development activities in Indiana for the purposes of this chapter. |
---|
4951 | | - | (b) The fund consists of appropriations from the general assembly and loan repayments. |
---|
4952 | | - | (c) The corporation shall administer the fund. The following may be paid from money in the fund: |
---|
4953 | | - | (1) Expenses of administering the fund. |
---|
4954 | | - | (2) Nonrecurring administrative expenses incurred to carry out the purposes of this chapter. |
---|
4955 | | - | (d) Earnings from loans made under this chapter shall be deposited in the fund. |
---|
4956 | | - | (e) The money in the fund at the end of a state fiscal year does not revert to the state general fund but |
---|
4957 | | - | remains in the fund. |
---|
4958 | | - | (f) Money in the fund is continuously appropriated for the purposes of this chapter. |
---|
4959 | | - | SECTION 87. IC 5-28-41-18 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
4960 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 18. This chapter expires June 30, 2026. |
---|
4961 | | - | SECTION 88. IC 5-28-43 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ |
---|
4962 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
4963 | | - | Chapter 43. Regional Economic Acceleration and Development Initiative (READI) 2.0 |
---|
4964 | | - | Sec. 1. As used in this chapter, "development authority" includes: |
---|
4965 | | - | (1) the northwest Indiana regional development authority established by IC 36-7.5-2-1; |
---|
4966 | | - | (2) a regional development authority established under IC 36-7.6-2-3; |
---|
4967 | | - | (3) a regional development authority established under IC 36-7.7-3-1; |
---|
4968 | | - | (4) the northeast Indiana strategic development commission established by IC 36-7-39-3; and |
---|
4969 | | - | (5) any other regional development authority established by statute. |
---|
4970 | | - | Sec. 2. As used in this chapter, "eligible regional economic acceleration and development |
---|
4971 | | - | organization" means: |
---|
4972 | | - | (1) a development authority; and |
---|
4973 | | - | (2) a qualified nonprofit organization. |
---|
4974 | | - | Sec. 3. As used in this chapter, "fund" refers to the READI 2.0 fund established by section 7 of |
---|
4975 | | - | this chapter. |
---|
4976 | | - | Sec. 4. As used in this chapter, "qualified nonprofit organization" means a private, nonprofit |
---|
4977 | | - | entity formed as a partnership between local units (as defined in IC 4-4-32.2-9), private sector |
---|
4978 | | - | businesses, or community or philanthropic organizations to develop and implement a regional |
---|
4979 | | - | economic acceleration and development strategy that has an organizational structure that conforms |
---|
4980 | | - | with the requirements of a policy developed by the corporation under section 16 of this chapter. |
---|
4981 | | - | Sec. 5. As used in this chapter, "READI 2.0" refers to the regional economic acceleration and |
---|
4982 | | - | HEA 1001 — CC 1 |
---|
4983 | | - | 118 development initiative 2.0. |
---|
4984 | | - | Sec. 6. As used in this chapter, "regional economic acceleration and development strategy" |
---|
4985 | | - | refers to: |
---|
4986 | | - | (1) a development plan prepared by a development authority under IC 36-7.5-3-4, |
---|
4987 | | - | IC 36-7.6-3-5, or IC 36-7.7-3-4; or |
---|
4988 | | - | (2) a multi-year comprehensive strategic plan developed by an eligible regional economic |
---|
4989 | | - | acceleration and development organization. |
---|
4990 | | - | Sec. 7. (a) The READI 2.0 fund is established within the state treasury to do the following: |
---|
4991 | | - | (1) Support the corporation's READI 2.0 program. |
---|
4992 | | - | (2) Provide grants or loans to support proposals for economic development and regional |
---|
4993 | | - | economic acceleration and development. |
---|
4994 | | - | (b) Grants or loans awarded from the fund may only be used by an eligible regional economic |
---|
4995 | | - | acceleration and development organization for capital projects or infrastructure improvements. |
---|
4996 | | - | Sec. 8. The fund consists of: |
---|
4997 | | - | (1) appropriations from the general assembly; |
---|
4998 | | - | (2) grants, gifts, and donations intended for deposit in the fund; |
---|
4999 | | - | (3) interest deposited into the fund under section 10 of this chapter; and |
---|
5000 | | - | (4) loan repayments. |
---|
5001 | | - | Sec. 9. The corporation shall administer the fund. The following may be paid from money in the |
---|
5002 | | - | fund: |
---|
5003 | | - | (1) Expenses of administering the fund. |
---|
5004 | | - | (2) Administrative expenses incurred to carry out the purposes of this chapter. |
---|
5005 | | - | Sec. 10. The treasurer of state shall invest the money in the fund not currently needed to meet |
---|
5006 | | - | the obligations of the fund in the same manner as other public funds may be invested. Interest that |
---|
5007 | | - | accrues from these investments shall be deposited in the state general fund. Interest from loans |
---|
5008 | | - | made under this chapter shall be deposited in the fund. |
---|
5009 | | - | Sec. 11. (a) Money in the fund at the end of a state fiscal year does not revert to the state general |
---|
5010 | | - | fund. |
---|
5011 | | - | (b) Money in the fund is continuously appropriated for the purposes of this chapter. |
---|
5012 | | - | Sec. 12. The board has the following powers: |
---|
5013 | | - | (1) To accept, analyze, approve, and deny applications under this chapter. |
---|
5014 | | - | (2) To provide assistance to applicants that wish to apply for a grant or loan from the fund. |
---|
5015 | | - | (3) To analyze proposals. |
---|
5016 | | - | (4) To work with experts engaged by the board. |
---|
5017 | | - | (5) To prepare reports and recommendations for the board. |
---|
5018 | | - | Sec. 13. (a) The board may form a strategic review committee to review applications that are |
---|
5019 | | - | submitted under this chapter. |
---|
5020 | | - | (b) The board may invite employees of state agencies and outside experts to: |
---|
5021 | | - | (1) sit on the strategic review committee; or |
---|
5022 | | - | (2) present analysis or opinions about any aspect of an application under review. |
---|
5023 | | - | An employee of a state agency who sits on the strategic review committee or otherwise participates |
---|
5024 | | - | in the review of an application may not receive compensation for the employee's service on the |
---|
5025 | | - | strategic review committee or participation with the strategic review committee. |
---|
5026 | | - | Sec. 14. (a) The board shall consider the following when reviewing applications for a grant or |
---|
5027 | | - | HEA 1001 — CC 1 |
---|
5028 | | - | 119 loan from the fund: |
---|
5029 | | - | (1) Recommendations from the board's strategic review committee described in section 13 of |
---|
5030 | | - | this chapter. |
---|
5031 | | - | (2) Which projects have the greatest economic development potential. |
---|
5032 | | - | (3) Which applications focus on rural areas of Indiana. |
---|
5033 | | - | (4) The degree of regional collaboration. |
---|
5034 | | - | (5) The application's alignment with the state's economic development priorities. |
---|
5035 | | - | (6) Any other criteria as determined by the board. |
---|
5036 | | - | (b) The board shall make final funding determinations for applications for a grant or loan from |
---|
5037 | | - | the fund. |
---|
5038 | | - | (c) The board may not approve an application for a grant or loan from the fund unless the board |
---|
5039 | | - | finds that approving the application will have an overall positive return on investment for the state. |
---|
5040 | | - | Sec. 15. (a) An eligible regional economic acceleration and development organization may submit |
---|
5041 | | - | an application to the corporation for a grant or loan from the fund. |
---|
5042 | | - | (b) An application for a grant or loan from the fund must be made on an application form |
---|
5043 | | - | prescribed by the board. |
---|
5044 | | - | (c) An applicant shall provide all information required by this chapter. |
---|
5045 | | - | (d) All applications for a grant or loan from the fund must include a regional economic |
---|
5046 | | - | acceleration and development strategy that complies with the requirements of a policy established |
---|
5047 | | - | under section 16 of this chapter and contain at least the following: |
---|
5048 | | - | (1) A multi-year plan and timeline. |
---|
5049 | | - | (2) A detailed financial analysis that includes the commitment of resources and a return on |
---|
5050 | | - | investment analysis. |
---|
5051 | | - | (3) A demonstration of the expected impact of the grant or loan on the region and state. |
---|
5052 | | - | (4) Any other information the board considers appropriate. |
---|
5053 | | - | (e) An applicant for a grant or loan from the fund may request that information that may be |
---|
5054 | | - | excepted from disclosure under IC 5-14-3 that is submitted by the applicant be kept confidential. |
---|
5055 | | - | Sec. 16. (a) Before July 1, 2024, the corporation shall develop a policy that establishes the |
---|
5056 | | - | framework for a READI 2.0 program. |
---|
5057 | | - | (b) The policy developed by the corporation shall include detailed information outlining: |
---|
5058 | | - | (1) the entities that are eligible to submit applications for a grant or loan from the fund; |
---|
5059 | | - | (2) the elements of a multi-year regional economic acceleration and development strategy, and |
---|
5060 | | - | the information a multi-year regional economic acceleration and development strategy must |
---|
5061 | | - | contain in order to make capital and infrastructure improvement projects to implement the |
---|
5062 | | - | strategy eligible for a grant or loan from the fund; |
---|
5063 | | - | (3) the types of capital and infrastructure improvement projects that are eligible for financial |
---|
5064 | | - | support from the fund; and |
---|
5065 | | - | (4) the criteria that will be used by a strategic review committee and the board to analyze |
---|
5066 | | - | applications for a grant or loan from the fund. |
---|
5067 | | - | (c) The policy developed by the corporation must require a commitment of matching funds from |
---|
5068 | | - | the eligible regional economic acceleration and development organization. |
---|
5069 | | - | (d) The policy developed by the corporation must require that grants or loans awarded from the |
---|
5070 | | - | fund be used by an eligible regional economic acceleration and development organization for capital |
---|
5071 | | - | projects or infrastructure improvements. |
---|
5072 | | - | HEA 1001 — CC 1 |
---|
5073 | | - | 120 (e) The policy developed by the corporation must be approved by the board after review by the |
---|
5074 | | - | budget committee. |
---|
5075 | | - | SECTION 89. IC 6-1.1-22-5, AS AMENDED BY P.L.182-2009(ss), SECTION 157, IS AMENDED |
---|
5076 | | - | TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) Except as provided in subsections |
---|
5077 | | - | (b) and (c), On or before March 15 of each year, the county auditor shall prepare and deliver to the auditor |
---|
5078 | | - | of state department of local government finance and the county treasurer a certified copy of an abstract |
---|
5079 | | - | of the property, assessments, taxes, deductions, and exemptions for taxes payable in that year in each |
---|
5080 | | - | taxing district of the county. The county auditor shall prepare the abstract in such a manner that the |
---|
5081 | | - | information concerning property tax deductions reflects the total amount of each type of deduction. The |
---|
5082 | | - | abstract shall also contain a statement of the taxes and penalties unpaid in each taxing unit at the time of |
---|
5083 | | - | the last settlement between the county auditor and county treasurer and the status of these delinquencies. |
---|
5084 | | - | (b) The county auditor shall prepare the abstract on the form prescribed by the state board of accounts. |
---|
5085 | | - | in the manner prescribed by the department of local government finance. The auditor of state, |
---|
5086 | | - | department of local government finance, county auditor, and county treasurer shall each keep a copy |
---|
5087 | | - | of the abstract as a public record. |
---|
5088 | | - | (b) If the county auditor receives a copy of an appeal petition under IC 6-1.1-18.5-12(g) before the |
---|
5089 | | - | county auditor prepares and delivers the certified copy of the abstract under subsection (a), the county |
---|
5090 | | - | auditor shall prepare and deliver the certified copy of the abstract when the appeal is resolved by the |
---|
5091 | | - | department of local government finance. |
---|
5092 | | - | (c) If the county auditor receives a copy of an appeal petition under IC 6-1.1-18.5-12(g) after the |
---|
5093 | | - | county auditor prepares and delivers the certified copy of the abstract under subsection (a), the county |
---|
5094 | | - | auditor shall prepare and deliver a certified copy of a revised abstract when the appeal is resolved by the |
---|
5095 | | - | department of local government finance that reflects the action of the department. |
---|
5096 | | - | SECTION 90. IC 6-1.1-22.5-6, AS AMENDED BY P.L.86-2018, SECTION 53, IS AMENDED TO |
---|
5097 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) This section applies to property taxes |
---|
5098 | | - | payable under this article on assessments determined for the 2003 assessment date or the assessment date |
---|
5099 | | - | in any later year, regardless of whether a proceeding to determine the necessity of a reassessment is being |
---|
5100 | | - | conducted under IC 6-1.1-4-5 (before its repeal), IC 6-1.1-4-9, or another law. The county treasurer shall |
---|
5101 | | - | use a provisional statement under this chapter if the county auditor fails to deliver the abstract for that |
---|
5102 | | - | assessment date to the county treasurer under IC 6-1.1-22-5 before March 16 of the year following the |
---|
5103 | | - | assessment date (for property taxes first due and payable before 2011) or April 1 of the year following |
---|
5104 | | - | the assessment date (for property taxes first due and payable after 2010). The amount to be billed for each |
---|
5105 | | - | installment of the provisional statement is the amount determined under section 9 of this chapter. The |
---|
5106 | | - | billing must be based on the latest assessed values for property certified by the department of local |
---|
5107 | | - | government finance, as adjusted under the procedures specified by the department of local government |
---|
5108 | | - | finance. |
---|
5109 | | - | (b) The county treasurer shall give notice of the provisional statement, including disclosure of the |
---|
5110 | | - | method that is to be used in determining the tax liability to be indicated on the provisional statement, by |
---|
5111 | | - | publication one (1) time: |
---|
5112 | | - | (1) in the form prescribed by the department of local government finance; and |
---|
5113 | | - | (2) in the manner described in IC 6-1.1-22-4(b). |
---|
5114 | | - | The notice may be combined with the notice required under section 10 of this chapter. |
---|
5115 | | - | (c) Subsection (a) applies regardless of whether the county auditor fails to deliver the abstract as |
---|
5116 | | - | provided in IC 6-1.1-22-5(b). Section 7 of this chapter does not apply to this section. |
---|
5117 | | - | HEA 1001 — CC 1 |
---|
5118 | | - | 121 (d) This subsection applies after June 30, 2009. Immediately upon determining to use provisional |
---|
5119 | | - | statements under subsection (a), the county treasurer shall give notice of the determination to the county |
---|
5120 | | - | fiscal body (as defined in IC 36-1-2-6). |
---|
5121 | | - | (e) In a county in which an authorizing ordinance is adopted under IC 6-1.1-22-8.1(h), a person may |
---|
5122 | | - | direct the county treasurer to transmit a provisional statement by electronic mail under IC 6-1.1-22-8.1(h). |
---|
5123 | | - | (f) The department of local government finance may waive the requirement under subsection (a) that |
---|
5124 | | - | a provisional statement must be used for property taxes first due and payable in a calendar year, if: |
---|
5125 | | - | (1) the county fiscal body or the county treasurer requests the waiver; and |
---|
5126 | | - | (2) the department of local government finance determines that: |
---|
5127 | | - | (A) the county will be able to send a property tax statement under IC 6-1.1-22 with a due date |
---|
5128 | | - | that is not later than June 10 of that calendar year; or |
---|
5129 | | - | (B) the failure to send a property tax statement under IC 6-1.1-22 in a timely manner is due to |
---|
5130 | | - | a change by the county in computer software, and the county will be able to send a property tax |
---|
5131 | | - | statement under IC 6-1.1-22 with a due date that is not later than June 10 of that calendar year. |
---|
5132 | | - | SECTION 91. IC 6-1.1-27-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
5133 | | - | Sec. 3. Immediately after each semi-annual settlement, the county auditor shall send a copy of the |
---|
5134 | | - | certificate of settlement and a statement of the distribution of the taxes collected to the state auditor. The |
---|
5135 | | - | auditor of state shall, when the certificate of settlement and statement of the distribution of the |
---|
5136 | | - | taxes collected have been finalized, forward the certificate and statement to the department of local |
---|
5137 | | - | government finance for purposes of validating the abstract required by IC 6-1.1-22-5. On or before |
---|
5138 | | - | June 30th and December 31st of each year, the county treasurer shall pay to the state treasurer the money |
---|
5139 | | - | due the state as shown by the certificate of settlement. |
---|
5140 | | - | SECTION 92. IC 6-1.1-30-18 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
5141 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 18. The department of local government |
---|
5142 | | - | finance shall annually complete a report containing the following property tax data by counties: |
---|
5143 | | - | (1) Information showing the: |
---|
5144 | | - | (A) total amount of tax delinquencies; |
---|
5145 | | - | (B) total amount of the administrative costs of the offices of township assessors (if any), the |
---|
5146 | | - | offices of county assessors, the offices of county auditors, and the offices of county |
---|
5147 | | - | treasurers; and |
---|
5148 | | - | (C) total amount of other local taxes collected. |
---|
5149 | | - | (2) An abstract of taxable real and personal property, which must include a recital of the |
---|
5150 | | - | number and the total amount of property tax deductions and exemptions granted to any |
---|
5151 | | - | person under the Constitution of the State of Indiana and the laws of the state. |
---|
5152 | | - | The department of local government finance shall publish the report not later than December 31 |
---|
5153 | | - | following the end of each state fiscal year. |
---|
5154 | | - | SECTION 93. IC 6-2.5-10-1, AS AMENDED BY P.L.218-2017, SECTION 11, IS AMENDED TO |
---|
5155 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) The department shall account for all state |
---|
5156 | | - | gross retail and use taxes that it collects. |
---|
5157 | | - | (b) Of all the state gross retail and use taxes that the department collects, the department shall |
---|
5158 | | - | determine separately the parts that: |
---|
5159 | | - | (1) the department collects under IC 6-2.5-3.5 (gasoline use tax); and |
---|
5160 | | - | (2) the department collects under this article, less the amount described in subdivision (1). |
---|
5161 | | - | (c) The department shall deposit the collections described in subsection (b)(1) in the following |
---|
5162 | | - | HEA 1001 — CC 1 |
---|
5163 | | - | 122 manner: |
---|
5164 | | - | (1) For state fiscal year 2017, the following: |
---|
5165 | | - | (A) Fourteen and two hundred eighty-six thousandths percent (14.286%) of the collections shall |
---|
5166 | | - | be deposited in the motor vehicle highway account established under IC 8-14-1. |
---|
5167 | | - | (B) Eighty-five and seven hundred fourteen thousandths percent (85.714%) to the state general |
---|
5168 | | - | fund. |
---|
5169 | | - | (2) For state fiscal year 2018, the following: |
---|
5170 | | - | (A) Fourteen and two hundred eighty-six thousandths percent (14.286%) of the collections shall |
---|
5171 | | - | be deposited in the motor vehicle highway account established under IC 8-14-1. |
---|
5172 | | - | (B) Fourteen and two hundred eighty-six thousandths percent (14.286%) of the collections shall |
---|
5173 | | - | be deposited in the local road and bridge matching grant fund established under IC 8-23-30. |
---|
5174 | | - | (C) Seventy-one and four hundred twenty-eight thousandths percent (71.428%) to the state |
---|
5175 | | - | general fund. |
---|
5176 | | - | (3) For state fiscal year 2019, the following: |
---|
5177 | | - | (A) Fourteen and two hundred eighty-six thousandths percent (14.286%) of the collections shall |
---|
5178 | | - | be deposited in the motor vehicle highway account established under IC 8-14-1. |
---|
5179 | | - | (B) Twenty-one and four hundred twenty-nine thousandths percent (21.429%) of the collections |
---|
5180 | | - | shall be deposited in the local road and bridge matching grant fund established under IC 8-23-30. |
---|
5181 | | - | (C) Sixty-four and two hundred eighty-five thousandths percent (64.285%) shall be deposited in |
---|
5182 | | - | the state general fund. |
---|
5183 | | - | (4) For state fiscal year 2020 and for each state fiscal year thereafter, the following: |
---|
5184 | | - | (A) Fourteen and two hundred eighty-six thousandths percent (14.286%) of the collections shall |
---|
5185 | | - | be deposited in the motor vehicle highway account established under IC 8-14-1. |
---|
5186 | | - | (B) Twenty-one and four hundred twenty-nine thousandths percent (21.429%) of the collections |
---|
5187 | | - | shall be deposited in the local road and bridge matching grant fund established under IC 8-23-30. |
---|
5188 | | - | (C) The following shall be deposited in the state general fund: |
---|
5189 | | - | (i) For state fiscal year 2020, fifty-three and five hundred seventy-five thousandths percent |
---|
5190 | | - | (53.575%) shall be deposited in the state general fund. |
---|
5191 | | - | (ii) For state fiscal year 2021, forty-two and eight hundred sixty-five thousandths percent |
---|
5192 | | - | (42.865%) shall be deposited in the state general fund. |
---|
5193 | | - | (iii) For state fiscal year 2022, thirty-two and one hundred fifty-five thousandths percent |
---|
5194 | | - | (32.155%) shall be deposited in the state general fund. |
---|
5195 | | - | (iv) For state fiscal year 2023, twenty-one and four hundred forty-five thousandths percent |
---|
5196 | | - | (21.445%) shall be deposited in the state general fund. |
---|
5197 | | - | (v) For state fiscal year 2024, ten and seven hundred thirty-five thousandths percent (10.735%) |
---|
5198 | | - | shall be deposited in the state general fund. |
---|
5199 | | - | (D) The following shall be deposited in the special transportation flexibility fund established by |
---|
5200 | | - | IC 4-12-16.5-2: |
---|
5201 | | - | (i) For state fiscal year 2020, eight and five hundred sixty-eight thousands percent (8.568%) |
---|
5202 | | - | of the collections shall be deposited in the special transportation flexibility fund established |
---|
5203 | | - | by IC 4-12-16.5-2. |
---|
5204 | | - | (ii) For state fiscal year 2021, twelve and eight hundred fifty-two thousandths percent |
---|
5205 | | - | (12.852%) of the collections shall be deposited in the special transportation flexibility fund |
---|
5206 | | - | established by IC 4-12-16.5-2. |
---|
5207 | | - | HEA 1001 — CC 1 |
---|
5208 | | - | 123 (iii) For state fiscal year 2022, twelve and eight hundred fifty-two thousandths percent |
---|
5209 | | - | (12.852%) of the collections shall be deposited in the special transportation flexibility fund |
---|
5210 | | - | established by IC 4-12-16.5-2. |
---|
5211 | | - | (iv) For state fiscal year 2023, eight and five hundred sixty-eight thousands percent (8.568%) |
---|
5212 | | - | of the collections shall be deposited in the special transportation flexibility fund established |
---|
5213 | | - | by IC 4-12-16.5-2. |
---|
5214 | | - | (E) The following shall be deposited in the state highway fund: |
---|
5215 | | - | (i) For state fiscal year 2020, two and one hundred forty-two thousandths percent (2.142%) of |
---|
5216 | | - | the collections shall be deposited in the state highway fund. |
---|
5217 | | - | (ii) For state fiscal year 2021, eight and five hundred sixty-eight thousandths percent (8.568%) |
---|
5218 | | - | of the collections shall be deposited in the state highway fund. |
---|
5219 | | - | (iii) For state fiscal year 2022, nineteen and two hundred seventy-eight thousandths percent |
---|
5220 | | - | (19.278%) of the collections shall be deposited in the state highway fund. |
---|
5221 | | - | (iv) For state fiscal year 2023, thirty-four and two hundred seventy-two thousandths percent |
---|
5222 | | - | (34.272%) of the collections shall be deposited in the state highway fund. |
---|
5223 | | - | (v) For state fiscal year 2024 and for each state fiscal year thereafter, fifty-three and |
---|
5224 | | - | fifty-five hundredths percent (53.55%) sixty-four and two hundred eighty-five thousandths |
---|
5225 | | - | percent (64.285%) of the collections shall be deposited in the state highway fund. |
---|
5226 | | - | (vi) For state fiscal year 2025, and for each state fiscal year thereafter, sixty-four and two |
---|
5227 | | - | hundred eighty-five thousandths percent (64.285%) of the collections shall be deposited in the |
---|
5228 | | - | state highway fund. |
---|
5229 | | - | (d) The department shall deposit those collections described in subsection (b)(2) in the following |
---|
5230 | | - | manner: |
---|
5231 | | - | (1) Ninety-nine and eight hundred thirty-eight thousandths percent (99.838%) of the collections shall |
---|
5232 | | - | be paid into the state general fund. |
---|
5233 | | - | (2) Thirty-one thousandths of one percent (0.031%) of the collections shall be deposited into the |
---|
5234 | | - | industrial rail service fund established under IC 8-3-1.7-2. |
---|
5235 | | - | (3) One hundred thirty-one thousandths of one percent (0.131%) of the collections shall be deposited |
---|
5236 | | - | into the commuter rail service fund established under IC 8-3-1.5-20.5. |
---|
5237 | | - | SECTION 94. IC 6-3-1-3.5, AS AMENDED BY P.L.1-2023, SECTION 1, IS AMENDED TO READ |
---|
5238 | | - | AS FOLLOWS [EFFECTIVE JANUARY 1, 2023 (RETROACTIVE)]: Sec. 3.5. When used in this article, |
---|
5239 | | - | the term "adjusted gross income" shall mean the following: |
---|
5240 | | - | (a) In the case of all individuals, "adjusted gross income" (as defined in Section 62 of the Internal |
---|
5241 | | - | Revenue Code), modified as follows: |
---|
5242 | | - | (1) Subtract income that is exempt from taxation under this article by the Constitution and statutes |
---|
5243 | | - | of the United States. |
---|
5244 | | - | (2) Except as provided in subsection (c), add an amount equal to any deduction or deductions |
---|
5245 | | - | allowed or allowable pursuant to Section 62 of the Internal Revenue Code for taxes based on or |
---|
5246 | | - | measured by income and levied at the state level by any state of the United States. |
---|
5247 | | - | (3) Subtract one thousand dollars ($1,000), or in the case of a joint return filed by a husband and |
---|
5248 | | - | wife, subtract for each spouse one thousand dollars ($1,000). |
---|
5249 | | - | (4) Subtract one thousand dollars ($1,000) for: |
---|
5250 | | - | (A) each of the exemptions provided by Section 151(c) of the Internal Revenue Code (as |
---|
5251 | | - | effective January 1, 2017); |
---|
5252 | | - | HEA 1001 — CC 1 |
---|
5253 | | - | 124 (B) each additional amount allowable under Section 63(f) of the Internal Revenue Code; and |
---|
5254 | | - | (C) the spouse of the taxpayer if a separate return is made by the taxpayer and if the spouse, for |
---|
5255 | | - | the calendar year in which the taxable year of the taxpayer begins, has no gross income and is not |
---|
5256 | | - | the dependent of another taxpayer. |
---|
5257 | | - | (5) Subtract each of the following: |
---|
5258 | | - | (A) One thousand five hundred dollars ($1,500) for each of the exemptions allowed under |
---|
5259 | | - | Section 151(c)(1)(B) of the Internal Revenue Code (as effective January 1, 2004), except that |
---|
5260 | | - | in the first taxable year in which a particular exemption is allowed under Section |
---|
5261 | | - | 151(c)(1)(B) of the Internal Revenue Code (as effective January 1, 2004), subtract three |
---|
5262 | | - | thousand dollars ($3,000) for that exemption. |
---|
5263 | | - | (B) One thousand five hundred dollars ($1,500) for each exemption allowed under Section 151(c) |
---|
5264 | | - | of the Internal Revenue Code (as effective January 1, 2017) for an individual: |
---|
5265 | | - | (i) who is less than nineteen (19) years of age or is a full-time student who is less than |
---|
5266 | | - | twenty-four (24) years of age; |
---|
5267 | | - | (ii) for whom the taxpayer is the legal guardian; and |
---|
5268 | | - | (iii) for whom the taxpayer does not claim an exemption under clause (A). |
---|
5269 | | - | (C) Five hundred dollars ($500) for each additional amount allowable under Section 63(f)(1) of |
---|
5270 | | - | the Internal Revenue Code if the federal adjusted gross income of the taxpayer, or the taxpayer |
---|
5271 | | - | and the taxpayer's spouse in the case of a joint return, is less than forty thousand dollars |
---|
5272 | | - | ($40,000). In the case of a married individual filing a separate return, the qualifying income |
---|
5273 | | - | amount in this clause is equal to twenty thousand dollars ($20,000). |
---|
5274 | | - | (D) Three thousand dollars ($3,000) for each exemption allowed under Section 151(c) of the |
---|
5275 | | - | Internal Revenue Code (as effective January 1, 2017) for an individual who is: |
---|
5276 | | - | (i) an adopted child of the taxpayer; and |
---|
5277 | | - | (ii) less than nineteen (19) years of age or is a full-time student who is less than twenty-four |
---|
5278 | | - | (24) years of age. |
---|
5279 | | - | This amount is in addition to any amount subtracted under clause (A) or (B). |
---|
5280 | | - | This amount is in addition to the amount subtracted under subdivision (4). |
---|
5281 | | - | (6) Subtract any amounts included in federal adjusted gross income under Section 111 of the Internal |
---|
5282 | | - | Revenue Code as a recovery of items previously deducted as an itemized deduction from adjusted |
---|
5283 | | - | gross income. |
---|
5284 | | - | (7) Subtract any amounts included in federal adjusted gross income under the Internal Revenue Code |
---|
5285 | | - | which amounts were received by the individual as supplemental railroad retirement annuities under |
---|
5286 | | - | 45 U.S.C. 231 and which are not deductible under subdivision (1). |
---|
5287 | | - | (8) Subtract an amount equal to the amount of federal Social Security and Railroad Retirement |
---|
5288 | | - | benefits included in a taxpayer's federal gross income by Section 86 of the Internal Revenue Code. |
---|
5289 | | - | (9) In the case of a nonresident taxpayer or a resident taxpayer residing in Indiana for a period of less |
---|
5290 | | - | than the taxpayer's entire taxable year, the total amount of the deductions allowed pursuant to |
---|
5291 | | - | subdivisions (3), (4), and (5) shall be reduced to an amount which bears the same ratio to the total |
---|
5292 | | - | as the taxpayer's income taxable in Indiana bears to the taxpayer's total income. |
---|
5293 | | - | (10) In the case of an individual who is a recipient of assistance under IC 12-10-6-1, IC 12-10-6-2.1, |
---|
5294 | | - | IC 12-15-2-2, or IC 12-15-7, subtract an amount equal to that portion of the individual's adjusted |
---|
5295 | | - | gross income with respect to which the individual is not allowed under federal law to retain an |
---|
5296 | | - | amount to pay state and local income taxes. |
---|
5297 | | - | HEA 1001 — CC 1 |
---|
5298 | | - | 125 (11) In the case of an eligible individual, subtract the amount of a Holocaust victim's settlement |
---|
5299 | | - | payment included in the individual's federal adjusted gross income. |
---|
5300 | | - | (12) Subtract an amount equal to the portion of any premiums paid during the taxable year by the |
---|
5301 | | - | taxpayer for a qualified long term care policy (as defined in IC 12-15-39.6-5) for the taxpayer or the |
---|
5302 | | - | taxpayer's spouse if the taxpayer and the taxpayer's spouse file a joint income tax return or the |
---|
5303 | | - | taxpayer is otherwise entitled to a deduction under this subdivision for the taxpayer's spouse, or both. |
---|
5304 | | - | (13) Subtract an amount equal to the lesser of: |
---|
5305 | | - | (A) two thousand five hundred dollars ($2,500), or one thousand two hundred fifty dollars |
---|
5306 | | - | ($1,250) in the case of a married individual filing a separate return; or |
---|
5307 | | - | (B) the amount of property taxes that are paid during the taxable year in Indiana by the individual |
---|
5308 | | - | on the individual's principal place of residence. |
---|
5309 | | - | (14) Subtract an amount equal to the amount of a September 11 terrorist attack settlement payment |
---|
5310 | | - | included in the individual's federal adjusted gross income. |
---|
5311 | | - | (15) Add or subtract the amount necessary to make the adjusted gross income of any taxpayer that |
---|
5312 | | - | owns property for which bonus depreciation was allowed in the current taxable year or in an earlier |
---|
5313 | | - | taxable year equal to the amount of adjusted gross income that would have been computed had an |
---|
5314 | | - | election not been made under Section 168(k) of the Internal Revenue Code to apply bonus |
---|
5315 | | - | depreciation to the property in the year that it was placed in service. |
---|
5316 | | - | (16) Add an amount equal to any deduction allowed under Section 172 of the Internal Revenue Code |
---|
5317 | | - | (concerning net operating losses). |
---|
5318 | | - | (17) Add or subtract the amount necessary to make the adjusted gross income of any taxpayer that |
---|
5319 | | - | placed Section 179 property (as defined in Section 179 of the Internal Revenue Code) in service in |
---|
5320 | | - | the current taxable year or in an earlier taxable year equal to the amount of adjusted gross income |
---|
5321 | | - | that would have been computed had an election for federal income tax purposes not been made for |
---|
5322 | | - | the year in which the property was placed in service to take deductions under Section 179 of the |
---|
5323 | | - | Internal Revenue Code in a total amount exceeding the sum of: |
---|
5324 | | - | (A) twenty-five thousand dollars ($25,000) to the extent deductions under Section 179 of the |
---|
5325 | | - | Internal Revenue Code were not elected as provided in clause (B); and |
---|
5326 | | - | (B) for taxable years beginning after December 31, 2017, the deductions elected under Section |
---|
5327 | | - | 179 of the Internal Revenue Code on property acquired in an exchange if: |
---|
5328 | | - | (i) the exchange would have been eligible for nonrecognition of gain or loss under Section |
---|
5329 | | - | 1031 of the Internal Revenue Code in effect on January 1, 2017; |
---|
5330 | | - | (ii) the exchange is not eligible for nonrecognition of gain or loss under Section 1031 of the |
---|
5331 | | - | Internal Revenue Code; and |
---|
5332 | | - | (iii) the taxpayer made an election to take deductions under Section 179 of the Internal |
---|
5333 | | - | Revenue Code with regard to the acquired property in the year that the property was placed into |
---|
5334 | | - | service. |
---|
5335 | | - | The amount of deductions allowable for an item of property under this clause may not exceed the |
---|
5336 | | - | amount of adjusted gross income realized on the property that would have been deferred under |
---|
5337 | | - | the Internal Revenue Code in effect on January 1, 2017. |
---|
5338 | | - | (18) Subtract an amount equal to the amount of the taxpayer's qualified military income that was not |
---|
5339 | | - | excluded from the taxpayer's gross income for federal income tax purposes under Section 112 of the |
---|
5340 | | - | Internal Revenue Code. |
---|
5341 | | - | (19) Subtract income that is: |
---|
5342 | | - | HEA 1001 — CC 1 |
---|
5343 | | - | 126 (A) exempt from taxation under IC 6-3-2-21.7 (certain income derived from patents); and |
---|
5344 | | - | (B) included in the individual's federal adjusted gross income under the Internal Revenue Code. |
---|
5345 | | - | (20) Add an amount equal to any income not included in gross income as a result of the deferral of |
---|
5346 | | - | income arising from business indebtedness discharged in connection with the reacquisition after |
---|
5347 | | - | December 31, 2008, and before January 1, 2011, of an applicable debt instrument, as provided in |
---|
5348 | | - | Section 108(i) of the Internal Revenue Code. Subtract the amount necessary from the adjusted gross |
---|
5349 | | - | income of any taxpayer that added an amount to adjusted gross income in a previous year to offset |
---|
5350 | | - | the amount included in federal gross income as a result of the deferral of income arising from |
---|
5351 | | - | business indebtedness discharged in connection with the reacquisition after December 31, 2008, and |
---|
5352 | | - | before January 1, 2011, of an applicable debt instrument, as provided in Section 108(i) of the |
---|
5353 | | - | Internal Revenue Code. |
---|
5354 | | - | (21) Add the amount excluded from federal gross income under Section 103 of the Internal Revenue |
---|
5355 | | - | Code for interest received on an obligation of a state other than Indiana, or a political subdivision |
---|
5356 | | - | of such a state, that is acquired by the taxpayer after December 31, 2011. |
---|
5357 | | - | (22) Subtract an amount as described in Section 1341(a)(2) of the Internal Revenue Code to the |
---|
5358 | | - | extent, if any, that the amount was previously included in the taxpayer's adjusted gross income for |
---|
5359 | | - | a prior taxable year. |
---|
5360 | | - | (23) For taxable years beginning after December 25, 2016, add an amount equal to the deduction |
---|
5361 | | - | for deferred foreign income that was claimed by the taxpayer for the taxable year under Section |
---|
5362 | | - | 965(c) of the Internal Revenue Code. |
---|
5363 | | - | (24) Subtract any interest expense paid or accrued in the current taxable year but not deducted as |
---|
5364 | | - | a result of the limitation imposed under Section 163(j)(1) of the Internal Revenue Code. Add any |
---|
5365 | | - | interest expense paid or accrued in a previous taxable year but allowed as a deduction under Section |
---|
5366 | | - | 163 of the Internal Revenue Code in the current taxable year. For purposes of this subdivision, an |
---|
5367 | | - | interest expense is considered paid or accrued only in the first taxable year the deduction would have |
---|
5368 | | - | been allowable under Section 163 of the Internal Revenue Code if the limitation under Section |
---|
5369 | | - | 163(j)(1) of the Internal Revenue Code did not exist. |
---|
5370 | | - | (25) Subtract the amount that would have been excluded from gross income but for the enactment |
---|
5371 | | - | of Section 118(b)(2) of the Internal Revenue Code for taxable years ending after December 22, 2017. |
---|
5372 | | - | (26) For taxable years beginning after December 31, 2019, and before January 1, 2021, add an |
---|
5373 | | - | amount of the deduction claimed under Section 62(a)(22) of the Internal Revenue Code. |
---|
5374 | | - | (27) For taxable years beginning after December 31, 2019, for payments made by an employer under |
---|
5375 | | - | an education assistance program after March 27, 2020: |
---|
5376 | | - | (A) add the amount of payments by an employer that are excluded from the taxpayer's federal |
---|
5377 | | - | gross income under Section 127(c)(1)(B) of the Internal Revenue Code; and |
---|
5378 | | - | (B) deduct the interest allowable under Section 221 of the Internal Revenue Code, if the |
---|
5379 | | - | disallowance under Section 221(e)(1) of the Internal Revenue Code did not apply to the payments |
---|
5380 | | - | described in clause (A). For purposes of applying Section 221(b) of the Internal Revenue Code |
---|
5381 | | - | to the amount allowable under this clause, the amount under clause (A) shall not be added to |
---|
5382 | | - | adjusted gross income. |
---|
5383 | | - | (28) Add an amount equal to the remainder of: |
---|
5384 | | - | (A) the amount allowable as a deduction under Section 274(n) of the Internal Revenue Code; |
---|
5385 | | - | minus |
---|
5386 | | - | (B) the amount otherwise allowable as a deduction under Section 274(n) of the Internal Revenue |
---|
5387 | | - | HEA 1001 — CC 1 |
---|
5388 | | - | 127 Code, if Section 274(n)(2)(D) of the Internal Revenue Code was not in effect for amounts paid |
---|
5389 | | - | or incurred after December 31, 2020. |
---|
5390 | | - | (29) For taxable years beginning after December 31, 2017, and before January 1, 2021, add an |
---|
5391 | | - | amount equal to the excess business loss of the taxpayer as defined in Section 461(l)(3) of the |
---|
5392 | | - | Internal Revenue Code. In addition: |
---|
5393 | | - | (A) If a taxpayer has an excess business loss under this subdivision and also has modifications |
---|
5394 | | - | under subdivisions (15) and (17) for property placed in service during the taxable year, the |
---|
5395 | | - | taxpayer shall treat a portion of the taxable year modifications for that property as occurring in |
---|
5396 | | - | the taxable year the property is placed in service and a portion of the modifications as occurring |
---|
5397 | | - | in the immediately following taxable year. |
---|
5398 | | - | (B) The portion of the modifications under subdivisions (15) and (17) for property placed in |
---|
5399 | | - | service during the taxable year treated as occurring in the taxable year in which the property is |
---|
5400 | | - | placed in service equals: |
---|
5401 | | - | (i) the modification for the property otherwise determined under this section; minus |
---|
5402 | | - | (ii) the excess business loss disallowed under this subdivision; |
---|
5403 | | - | but not less than zero (0). |
---|
5404 | | - | (C) The portion of the modifications under subdivisions (15) and (17) for property placed in |
---|
5405 | | - | service during the taxable year treated as occurring in the taxable year immediately following the |
---|
5406 | | - | taxable year in which the property is placed in service equals the modification for the property |
---|
5407 | | - | otherwise determined under this section minus the amount in clause (B). |
---|
5408 | | - | (D) Any reallocation of modifications between taxable years under clauses (B) and (C) shall be |
---|
5409 | | - | first allocated to the modification under subdivision (15), then to the modification under |
---|
5410 | | - | subdivision (17). |
---|
5411 | | - | (30) Add an amount equal to the amount excluded from federal gross income under Section |
---|
5412 | | - | 108(f)(5) of the Internal Revenue Code. For purposes of this subdivision: |
---|
5413 | | - | (A) if an amount excluded under Section 108(f)(5) of the Internal Revenue Code would be |
---|
5414 | | - | excludible under Section 108(a)(1)(B) of the Internal Revenue Code, the exclusion under Section |
---|
5415 | | - | 108(a)(1)(B) of the Internal Revenue Code shall take precedence; and |
---|
5416 | | - | (B) if an amount would have been excludible under Section 108(f)(5) of the Internal Revenue |
---|
5417 | | - | Code as in effect on January 1, 2020, the amount is not required to be added back under this |
---|
5418 | | - | subdivision. |
---|
5419 | | - | (31) For taxable years ending after March 12, 2020, subtract an amount equal to the deduction |
---|
5420 | | - | disallowed pursuant to: |
---|
5421 | | - | (A) Section 2301(e) of the CARES Act (Public Law 116-136), as modified by Sections 206 and |
---|
5422 | | - | 207 of the Taxpayer Certainty and Disaster Relief Tax Act (Division EE of Public Law 116-260); |
---|
5423 | | - | and |
---|
5424 | | - | (B) Section 3134(e) of the Internal Revenue Code. |
---|
5425 | | - | (32) Subtract the amount of an annual grant amount distributed to a taxpayer's Indiana education |
---|
5426 | | - | scholarship account under IC 20-51.4-4-2 that is used for a qualified expense (as defined in |
---|
5427 | | - | IC 20-51.4-2-9) or to an Indiana enrichment scholarship account under IC 20-52 that is used for |
---|
5428 | | - | qualified expenses (as defined in IC 20-52-2-6), to the extent the distribution used for the qualified |
---|
5429 | | - | expense is included in the taxpayer's federal adjusted gross income under the Internal Revenue |
---|
5430 | | - | Code. |
---|
5431 | | - | (33) For taxable years beginning after December 31, 2019, and before January 1, 2021, add an |
---|
5432 | | - | HEA 1001 — CC 1 |
---|
5433 | | - | 128 amount equal to the amount of unemployment compensation excluded from federal gross income |
---|
5434 | | - | under Section 85(c) of the Internal Revenue Code. |
---|
5435 | | - | (34) For taxable years beginning after December 31, 2022, subtract an amount equal to the |
---|
5436 | | - | deduction disallowed under Section 280C(h) of the Internal Revenue Code. |
---|
5437 | | - | (35) Subtract any other amounts the taxpayer is entitled to deduct under IC 6-3-2. |
---|
5438 | | - | (b) In the case of corporations, the same as "taxable income" (as defined in Section 63 of the Internal |
---|
5439 | | - | Revenue Code) adjusted as follows: |
---|
5440 | | - | (1) Subtract income that is exempt from taxation under this article by the Constitution and statutes |
---|
5441 | | - | of the United States. |
---|
5442 | | - | (2) Add an amount equal to any deduction or deductions allowed or allowable pursuant to Section |
---|
5443 | | - | 170 of the Internal Revenue Code (concerning charitable contributions). |
---|
5444 | | - | (3) Except as provided in subsection (c), add an amount equal to any deduction or deductions |
---|
5445 | | - | allowed or allowable pursuant to Section 63 of the Internal Revenue Code for taxes based on or |
---|
5446 | | - | measured by income and levied at the state level by any state of the United States. |
---|
5447 | | - | (4) Subtract an amount equal to the amount included in the corporation's taxable income under |
---|
5448 | | - | Section 78 of the Internal Revenue Code (concerning foreign tax credits). |
---|
5449 | | - | (5) Add or subtract the amount necessary to make the adjusted gross income of any taxpayer that |
---|
5450 | | - | owns property for which bonus depreciation was allowed in the current taxable year or in an earlier |
---|
5451 | | - | taxable year equal to the amount of adjusted gross income that would have been computed had an |
---|
5452 | | - | election not been made under Section 168(k) of the Internal Revenue Code to apply bonus |
---|
5453 | | - | depreciation to the property in the year that it was placed in service. |
---|
5454 | | - | (6) Add an amount equal to any deduction allowed under Section 172 of the Internal Revenue Code |
---|
5455 | | - | (concerning net operating losses). |
---|
5456 | | - | (7) Add or subtract the amount necessary to make the adjusted gross income of any taxpayer that |
---|
5457 | | - | placed Section 179 property (as defined in Section 179 of the Internal Revenue Code) in service in |
---|
5458 | | - | the current taxable year or in an earlier taxable year equal to the amount of adjusted gross income |
---|
5459 | | - | that would have been computed had an election for federal income tax purposes not been made for |
---|
5460 | | - | the year in which the property was placed in service to take deductions under Section 179 of the |
---|
5461 | | - | Internal Revenue Code in a total amount exceeding the sum of: |
---|
5462 | | - | (A) twenty-five thousand dollars ($25,000) to the extent deductions under Section 179 of the |
---|
5463 | | - | Internal Revenue Code were not elected as provided in clause (B); and |
---|
5464 | | - | (B) for taxable years beginning after December 31, 2017, the deductions elected under Section |
---|
5465 | | - | 179 of the Internal Revenue Code on property acquired in an exchange if: |
---|
5466 | | - | (i) the exchange would have been eligible for nonrecognition of gain or loss under Section |
---|
5467 | | - | 1031 of the Internal Revenue Code in effect on January 1, 2017; |
---|
5468 | | - | (ii) the exchange is not eligible for nonrecognition of gain or loss under Section 1031 of the |
---|
5469 | | - | Internal Revenue Code; and |
---|
5470 | | - | (iii) the taxpayer made an election to take deductions under Section 179 of the Internal |
---|
5471 | | - | Revenue Code with regard to the acquired property in the year that the property was placed into |
---|
5472 | | - | service. |
---|
5473 | | - | The amount of deductions allowable for an item of property under this clause may not exceed the |
---|
5474 | | - | amount of adjusted gross income realized on the property that would have been deferred under |
---|
5475 | | - | the Internal Revenue Code in effect on January 1, 2017. |
---|
5476 | | - | (8) Add to the extent required by IC 6-3-2-20: |
---|
5477 | | - | HEA 1001 — CC 1 |
---|
5478 | | - | 129 (A) the amount of intangible expenses (as defined in IC 6-3-2-20) for the taxable year that |
---|
5479 | | - | reduced the corporation's taxable income (as defined in Section 63 of the Internal Revenue Code) |
---|
5480 | | - | for federal income tax purposes; and |
---|
5481 | | - | (B) any directly related interest expenses (as defined in IC 6-3-2-20) that reduced the |
---|
5482 | | - | corporation's adjusted gross income (determined without regard to this subdivision). For purposes |
---|
5483 | | - | of this clause, any directly related interest expense that constitutes business interest within the |
---|
5484 | | - | meaning of Section 163(j) of the Internal Revenue Code shall be considered to have reduced the |
---|
5485 | | - | taxpayer's federal taxable income only in the first taxable year in which the deduction otherwise |
---|
5486 | | - | would have been allowable under Section 163 of the Internal Revenue Code if the limitation |
---|
5487 | | - | under Section 163(j)(1) of the Internal Revenue Code did not exist. |
---|
5488 | | - | (9) Add an amount equal to any deduction for dividends paid (as defined in Section 561 of the |
---|
5489 | | - | Internal Revenue Code) to shareholders of a captive real estate investment trust (as defined in |
---|
5490 | | - | section 34.5 of this chapter). |
---|
5491 | | - | (10) Subtract income that is: |
---|
5492 | | - | (A) exempt from taxation under IC 6-3-2-21.7 (certain income derived from patents); and |
---|
5493 | | - | (B) included in the corporation's taxable income under the Internal Revenue Code. |
---|
5494 | | - | (11) Add an amount equal to any income not included in gross income as a result of the deferral of |
---|
5495 | | - | income arising from business indebtedness discharged in connection with the reacquisition after |
---|
5496 | | - | December 31, 2008, and before January 1, 2011, of an applicable debt instrument, as provided in |
---|
5497 | | - | Section 108(i) of the Internal Revenue Code. Subtract from the adjusted gross income of any |
---|
5498 | | - | taxpayer that added an amount to adjusted gross income in a previous year the amount necessary to |
---|
5499 | | - | offset the amount included in federal gross income as a result of the deferral of income arising from |
---|
5500 | | - | business indebtedness discharged in connection with the reacquisition after December 31, 2008, and |
---|
5501 | | - | before January 1, 2011, of an applicable debt instrument, as provided in Section 108(i) of the |
---|
5502 | | - | Internal Revenue Code. |
---|
5503 | | - | (12) Add the amount excluded from federal gross income under Section 103 of the Internal Revenue |
---|
5504 | | - | Code for interest received on an obligation of a state other than Indiana, or a political subdivision |
---|
5505 | | - | of such a state, that is acquired by the taxpayer after December 31, 2011. |
---|
5506 | | - | (13) For taxable years beginning after December 25, 2016: |
---|
5507 | | - | (A) for a corporation other than a real estate investment trust, add: |
---|
5508 | | - | (i) an amount equal to the amount reported by the taxpayer on IRC 965 Transition Tax |
---|
5509 | | - | Statement, line 1; or |
---|
5510 | | - | (ii) if the taxpayer deducted an amount under Section 965(c) of the Internal Revenue Code in |
---|
5511 | | - | determining the taxpayer's taxable income for purposes of the federal income tax, the amount |
---|
5512 | | - | deducted under Section 965(c) of the Internal Revenue Code; and |
---|
5513 | | - | (B) for a real estate investment trust, add an amount equal to the deduction for deferred foreign |
---|
5514 | | - | income that was claimed by the taxpayer for the taxable year under Section 965(c) of the Internal |
---|
5515 | | - | Revenue Code, but only to the extent that the taxpayer included income pursuant to Section 965 |
---|
5516 | | - | of the Internal Revenue Code in its taxable income for federal income tax purposes or is required |
---|
5517 | | - | to add back dividends paid under subdivision (9). |
---|
5518 | | - | (14) Add an amount equal to the deduction that was claimed by the taxpayer for the taxable year |
---|
5519 | | - | under Section 250(a)(1)(B) of the Internal Revenue Code (attributable to global intangible low-taxed |
---|
5520 | | - | income). The taxpayer shall separately specify the amount of the reduction under Section |
---|
5521 | | - | 250(a)(1)(B)(i) of the Internal Revenue Code and under Section 250(a)(1)(B)(ii) of the Internal |
---|
5522 | | - | HEA 1001 — CC 1 |
---|
5523 | | - | 130 Revenue Code. |
---|
5524 | | - | (15) Subtract any interest expense paid or accrued in the current taxable year but not deducted as |
---|
5525 | | - | a result of the limitation imposed under Section 163(j)(1) of the Internal Revenue Code. Add any |
---|
5526 | | - | interest expense paid or accrued in a previous taxable year but allowed as a deduction under Section |
---|
5527 | | - | 163 of the Internal Revenue Code in the current taxable year. For purposes of this subdivision, an |
---|
5528 | | - | interest expense is considered paid or accrued only in the first taxable year the deduction would have |
---|
5529 | | - | been allowable under Section 163 of the Internal Revenue Code if the limitation under Section |
---|
5530 | | - | 163(j)(1) of the Internal Revenue Code did not exist. |
---|
5531 | | - | (16) Subtract the amount that would have been excluded from gross income but for the enactment |
---|
5532 | | - | of Section 118(b)(2) of the Internal Revenue Code for taxable years ending after December 22, 2017. |
---|
5533 | | - | (17) Add an amount equal to the remainder of: |
---|
5534 | | - | (A) the amount allowable as a deduction under Section 274(n) of the Internal Revenue Code; |
---|
5535 | | - | minus |
---|
5536 | | - | (B) the amount otherwise allowable as a deduction under Section 274(n) of the Internal Revenue |
---|
5537 | | - | Code, if Section 274(n)(2)(D) of the Internal Revenue Code was not in effect for amounts paid |
---|
5538 | | - | or incurred after December 31, 2020. |
---|
5539 | | - | (18) For taxable years ending after March 12, 2020, subtract an amount equal to the deduction |
---|
5540 | | - | disallowed pursuant to: |
---|
5541 | | - | (A) Section 2301(e) of the CARES Act (Public Law 116-136), as modified by Sections 206 and |
---|
5542 | | - | 207 of the Taxpayer Certainty and Disaster Relief Tax Act (Division EE of Public Law 116-260); |
---|
5543 | | - | and |
---|
5544 | | - | (B) Section 3134(e) of the Internal Revenue Code. |
---|
5545 | | - | (19) For taxable years beginning after December 31, 2022, subtract an amount equal to the |
---|
5546 | | - | deduction disallowed under Section 280C(h) of the Internal Revenue Code. |
---|
5547 | | - | (20) Add or subtract any other amounts the taxpayer is: |
---|
5548 | | - | (A) required to add or subtract; or |
---|
5549 | | - | (B) entitled to deduct; |
---|
5550 | | - | under IC 6-3-2. |
---|
5551 | | - | (c) The following apply to taxable years beginning after December 31, 2018, for purposes of the add |
---|
5552 | | - | back of any deduction allowed on the taxpayer's federal income tax return for wagering taxes, as provided |
---|
5553 | | - | in subsection (a)(2) if the taxpayer is an individual or subsection (b)(3) if the taxpayer is a corporation: |
---|
5554 | | - | (1) For taxable years beginning after December 31, 2018, and before January 1, 2020, a taxpayer is |
---|
5555 | | - | required to add back under this section eighty-seven and five-tenths percent (87.5%) of any |
---|
5556 | | - | deduction allowed on the taxpayer's federal income tax return for wagering taxes. |
---|
5557 | | - | (2) For taxable years beginning after December 31, 2019, and before January 1, 2021, a taxpayer is |
---|
5558 | | - | required to add back under this section seventy-five percent (75%) of any deduction allowed on the |
---|
5559 | | - | taxpayer's federal income tax return for wagering taxes. |
---|
5560 | | - | (3) For taxable years beginning after December 31, 2020, and before January 1, 2022, a taxpayer is |
---|
5561 | | - | required to add back under this section sixty-two and five-tenths percent (62.5%) of any deduction |
---|
5562 | | - | allowed on the taxpayer's federal income tax return for wagering taxes. |
---|
5563 | | - | (4) For taxable years beginning after December 31, 2021, and before January 1, 2023, a taxpayer is |
---|
5564 | | - | required to add back under this section fifty percent (50%) of any deduction allowed on the |
---|
5565 | | - | taxpayer's federal income tax return for wagering taxes. |
---|
5566 | | - | (5) For taxable years beginning after December 31, 2022, and before January 1, 2024, a taxpayer is |
---|
5567 | | - | HEA 1001 — CC 1 |
---|
5568 | | - | 131 required to add back under this section thirty-seven and five-tenths percent (37.5%) of any deduction |
---|
5569 | | - | allowed on the taxpayer's federal income tax return for wagering taxes. |
---|
5570 | | - | (6) For taxable years beginning after December 31, 2023, and before January 1, 2025, a taxpayer is |
---|
5571 | | - | required to add back under this section twenty-five percent (25%) of any deduction allowed on the |
---|
5572 | | - | taxpayer's federal income tax return for wagering taxes. |
---|
5573 | | - | (7) For taxable years beginning after December 31, 2024, and before January 1, 2026, a taxpayer is |
---|
5574 | | - | required to add back under this section twelve and five-tenths percent (12.5%) of any deduction |
---|
5575 | | - | allowed on the taxpayer's federal income tax return for wagering taxes. |
---|
5576 | | - | (8) For taxable years beginning after December 31, 2025, a taxpayer is not required to add back |
---|
5577 | | - | under this section any amount of a deduction allowed on the taxpayer's federal income tax return for |
---|
5578 | | - | wagering taxes. |
---|
5579 | | - | (d) In the case of life insurance companies (as defined in Section 816(a) of the Internal Revenue Code) |
---|
5580 | | - | that are organized under Indiana law, the same as "life insurance company taxable income" (as defined |
---|
5581 | | - | in Section 801 of the Internal Revenue Code), adjusted as follows: |
---|
5582 | | - | (1) Subtract income that is exempt from taxation under this article by the Constitution and statutes |
---|
5583 | | - | of the United States. |
---|
5584 | | - | (2) Add an amount equal to any deduction allowed or allowable under Section 170 of the Internal |
---|
5585 | | - | Revenue Code (concerning charitable contributions). |
---|
5586 | | - | (3) Add an amount equal to a deduction allowed or allowable under Section 805 or Section 832(c) |
---|
5587 | | - | of the Internal Revenue Code for taxes based on or measured by income and levied at the state level |
---|
5588 | | - | by any state. |
---|
5589 | | - | (4) Subtract an amount equal to the amount included in the company's taxable income under Section |
---|
5590 | | - | 78 of the Internal Revenue Code (concerning foreign tax credits). |
---|
5591 | | - | (5) Add or subtract the amount necessary to make the adjusted gross income of any taxpayer that |
---|
5592 | | - | owns property for which bonus depreciation was allowed in the current taxable year or in an earlier |
---|
5593 | | - | taxable year equal to the amount of adjusted gross income that would have been computed had an |
---|
5594 | | - | election not been made under Section 168(k) of the Internal Revenue Code to apply bonus |
---|
5595 | | - | depreciation to the property in the year that it was placed in service. |
---|
5596 | | - | (6) Add an amount equal to any deduction allowed under Section 172 of the Internal Revenue Code |
---|
5597 | | - | (concerning net operating losses). |
---|
5598 | | - | (7) Add or subtract the amount necessary to make the adjusted gross income of any taxpayer that |
---|
5599 | | - | placed Section 179 property (as defined in Section 179 of the Internal Revenue Code) in service in |
---|
5600 | | - | the current taxable year or in an earlier taxable year equal to the amount of adjusted gross income |
---|
5601 | | - | that would have been computed had an election for federal income tax purposes not been made for |
---|
5602 | | - | the year in which the property was placed in service to take deductions under Section 179 of the |
---|
5603 | | - | Internal Revenue Code in a total amount exceeding the sum of: |
---|
5604 | | - | (A) twenty-five thousand dollars ($25,000) to the extent deductions under Section 179 of the |
---|
5605 | | - | Internal Revenue Code were not elected as provided in clause (B); and |
---|
5606 | | - | (B) for taxable years beginning after December 31, 2017, the deductions elected under Section |
---|
5607 | | - | 179 of the Internal Revenue Code on property acquired in an exchange if: |
---|
5608 | | - | (i) the exchange would have been eligible for nonrecognition of gain or loss under Section |
---|
5609 | | - | 1031 of the Internal Revenue Code in effect on January 1, 2017; |
---|
5610 | | - | (ii) the exchange is not eligible for nonrecognition of gain or loss under Section 1031 of the |
---|
5611 | | - | Internal Revenue Code; and |
---|
5612 | | - | HEA 1001 — CC 1 |
---|
5613 | | - | 132 (iii) the taxpayer made an election to take deductions under Section 179 of the Internal |
---|
5614 | | - | Revenue Code with regard to the acquired property in the year that the property was placed into |
---|
5615 | | - | service. |
---|
5616 | | - | The amount of deductions allowable for an item of property under this clause may not exceed the |
---|
5617 | | - | amount of adjusted gross income realized on the property that would have been deferred under |
---|
5618 | | - | the Internal Revenue Code in effect on January 1, 2017. |
---|
5619 | | - | (8) Subtract income that is: |
---|
5620 | | - | (A) exempt from taxation under IC 6-3-2-21.7 (certain income derived from patents); and |
---|
5621 | | - | (B) included in the insurance company's taxable income under the Internal Revenue Code. |
---|
5622 | | - | (9) Add an amount equal to any income not included in gross income as a result of the deferral of |
---|
5623 | | - | income arising from business indebtedness discharged in connection with the reacquisition after |
---|
5624 | | - | December 31, 2008, and before January 1, 2011, of an applicable debt instrument, as provided in |
---|
5625 | | - | Section 108(i) of the Internal Revenue Code. Subtract from the adjusted gross income of any |
---|
5626 | | - | taxpayer that added an amount to adjusted gross income in a previous year the amount necessary to |
---|
5627 | | - | offset the amount included in federal gross income as a result of the deferral of income arising from |
---|
5628 | | - | business indebtedness discharged in connection with the reacquisition after December 31, 2008, and |
---|
5629 | | - | before January 1, 2011, of an applicable debt instrument, as provided in Section 108(i) of the |
---|
5630 | | - | Internal Revenue Code. |
---|
5631 | | - | (10) Add an amount equal to any exempt insurance income under Section 953(e) of the Internal |
---|
5632 | | - | Revenue Code that is active financing income under Subpart F of Subtitle A, Chapter 1, Subchapter |
---|
5633 | | - | N of the Internal Revenue Code. |
---|
5634 | | - | (11) Add the amount excluded from federal gross income under Section 103 of the Internal Revenue |
---|
5635 | | - | Code for interest received on an obligation of a state other than Indiana, or a political subdivision |
---|
5636 | | - | of such a state, that is acquired by the taxpayer after December 31, 2011. |
---|
5637 | | - | (12) For taxable years beginning after December 25, 2016, add: |
---|
5638 | | - | (A) an amount equal to the amount reported by the taxpayer on IRC 965 Transition Tax |
---|
5639 | | - | Statement, line 1; or |
---|
5640 | | - | (B) if the taxpayer deducted an amount under Section 965(c) of the Internal Revenue Code in |
---|
5641 | | - | determining the taxpayer's taxable income for purposes of the federal income tax, the amount |
---|
5642 | | - | deducted under Section 965(c) of the Internal Revenue Code. |
---|
5643 | | - | (13) Add an amount equal to the deduction that was claimed by the taxpayer for the taxable year |
---|
5644 | | - | under Section 250(a)(1)(B) of the Internal Revenue Code (attributable to global intangible low-taxed |
---|
5645 | | - | income). The taxpayer shall separately specify the amount of the reduction under Section |
---|
5646 | | - | 250(a)(1)(B)(i) of the Internal Revenue Code and under Section 250(a)(1)(B)(ii) of the Internal |
---|
5647 | | - | Revenue Code. |
---|
5648 | | - | (14) Subtract any interest expense paid or accrued in the current taxable year but not deducted as |
---|
5649 | | - | a result of the limitation imposed under Section 163(j)(1) of the Internal Revenue Code. Add any |
---|
5650 | | - | interest expense paid or accrued in a previous taxable year but allowed as a deduction under Section |
---|
5651 | | - | 163 of the Internal Revenue Code in the current taxable year. For purposes of this subdivision, an |
---|
5652 | | - | interest expense is considered paid or accrued only in the first taxable year the deduction would have |
---|
5653 | | - | been allowable under Section 163 of the Internal Revenue Code if the limitation under Section |
---|
5654 | | - | 163(j)(1) of the Internal Revenue Code did not exist. |
---|
5655 | | - | (15) Subtract the amount that would have been excluded from gross income but for the enactment |
---|
5656 | | - | of Section 118(b)(2) of the Internal Revenue Code for taxable years ending after December 22, 2017. |
---|
5657 | | - | HEA 1001 — CC 1 |
---|
5658 | | - | 133 (16) Add an amount equal to the remainder of: |
---|
5659 | | - | (A) the amount allowable as a deduction under Section 274(n) of the Internal Revenue Code; |
---|
5660 | | - | minus |
---|
5661 | | - | (B) the amount otherwise allowable as a deduction under Section 274(n) of the Internal Revenue |
---|
5662 | | - | Code, if Section 274(n)(2)(D) of the Internal Revenue Code was not in effect for amounts paid |
---|
5663 | | - | or incurred after December 31, 2020. |
---|
5664 | | - | (17) For taxable years ending after March 12, 2020, subtract an amount equal to the deduction |
---|
5665 | | - | disallowed pursuant to: |
---|
5666 | | - | (A) Section 2301(e) of the CARES Act (Public Law 116-136), as modified by Sections 206 and |
---|
5667 | | - | 207 of the Taxpayer Certainty and Disaster Relief Tax Act (Division EE of Public Law 116-260); |
---|
5668 | | - | and |
---|
5669 | | - | (B) Section 3134(e) of the Internal Revenue Code. |
---|
5670 | | - | (18) For taxable years beginning after December 31, 2022, subtract an amount equal to the |
---|
5671 | | - | deduction disallowed under Section 280C(h) of the Internal Revenue Code. |
---|
5672 | | - | (19) Add or subtract any other amounts the taxpayer is: |
---|
5673 | | - | (A) required to add or subtract; or |
---|
5674 | | - | (B) entitled to deduct; |
---|
5675 | | - | under IC 6-3-2. |
---|
5676 | | - | (e) In the case of insurance companies subject to tax under Section 831 of the Internal Revenue Code |
---|
5677 | | - | and organized under Indiana law, the same as "taxable income" (as defined in Section 832 of the Internal |
---|
5678 | | - | Revenue Code), adjusted as follows: |
---|
5679 | | - | (1) Subtract income that is exempt from taxation under this article by the Constitution and statutes |
---|
5680 | | - | of the United States. |
---|
5681 | | - | (2) Add an amount equal to any deduction allowed or allowable under Section 170 of the Internal |
---|
5682 | | - | Revenue Code (concerning charitable contributions). |
---|
5683 | | - | (3) Add an amount equal to a deduction allowed or allowable under Section 805 or Section 832(c) |
---|
5684 | | - | of the Internal Revenue Code for taxes based on or measured by income and levied at the state level |
---|
5685 | | - | by any state. |
---|
5686 | | - | (4) Subtract an amount equal to the amount included in the company's taxable income under Section |
---|
5687 | | - | 78 of the Internal Revenue Code (concerning foreign tax credits). |
---|
5688 | | - | (5) Add or subtract the amount necessary to make the adjusted gross income of any taxpayer that |
---|
5689 | | - | owns property for which bonus depreciation was allowed in the current taxable year or in an earlier |
---|
5690 | | - | taxable year equal to the amount of adjusted gross income that would have been computed had an |
---|
5691 | | - | election not been made under Section 168(k) of the Internal Revenue Code to apply bonus |
---|
5692 | | - | depreciation to the property in the year that it was placed in service. |
---|
5693 | | - | (6) Add an amount equal to any deduction allowed under Section 172 of the Internal Revenue Code |
---|
5694 | | - | (concerning net operating losses). |
---|
5695 | | - | (7) Add or subtract the amount necessary to make the adjusted gross income of any taxpayer that |
---|
5696 | | - | placed Section 179 property (as defined in Section 179 of the Internal Revenue Code) in service in |
---|
5697 | | - | the current taxable year or in an earlier taxable year equal to the amount of adjusted gross income |
---|
5698 | | - | that would have been computed had an election for federal income tax purposes not been made for |
---|
5699 | | - | the year in which the property was placed in service to take deductions under Section 179 of the |
---|
5700 | | - | Internal Revenue Code in a total amount exceeding the sum of: |
---|
5701 | | - | (A) twenty-five thousand dollars ($25,000) to the extent deductions under Section 179 of the |
---|
5702 | | - | HEA 1001 — CC 1 |
---|
5703 | | - | 134 Internal Revenue Code were not elected as provided in clause (B); and |
---|
5704 | | - | (B) for taxable years beginning after December 31, 2017, the deductions elected under Section |
---|
5705 | | - | 179 of the Internal Revenue Code on property acquired in an exchange if: |
---|
5706 | | - | (i) the exchange would have been eligible for nonrecognition of gain or loss under Section |
---|
5707 | | - | 1031 of the Internal Revenue Code in effect on January 1, 2017; |
---|
5708 | | - | (ii) the exchange is not eligible for nonrecognition of gain or loss under Section 1031 of the |
---|
5709 | | - | Internal Revenue Code; and |
---|
5710 | | - | (iii) the taxpayer made an election to take deductions under Section 179 of the Internal |
---|
5711 | | - | Revenue Code with regard to the acquired property in the year that the property was placed into |
---|
5712 | | - | service. |
---|
5713 | | - | The amount of deductions allowable for an item of property under this clause may not exceed the |
---|
5714 | | - | amount of adjusted gross income realized on the property that would have been deferred under |
---|
5715 | | - | the Internal Revenue Code in effect on January 1, 2017. |
---|
5716 | | - | (8) Subtract income that is: |
---|
5717 | | - | (A) exempt from taxation under IC 6-3-2-21.7 (certain income derived from patents); and |
---|
5718 | | - | (B) included in the insurance company's taxable income under the Internal Revenue Code. |
---|
5719 | | - | (9) Add an amount equal to any income not included in gross income as a result of the deferral of |
---|
5720 | | - | income arising from business indebtedness discharged in connection with the reacquisition after |
---|
5721 | | - | December 31, 2008, and before January 1, 2011, of an applicable debt instrument, as provided in |
---|
5722 | | - | Section 108(i) of the Internal Revenue Code. Subtract from the adjusted gross income of any |
---|
5723 | | - | taxpayer that added an amount to adjusted gross income in a previous year the amount necessary to |
---|
5724 | | - | offset the amount included in federal gross income as a result of the deferral of income arising from |
---|
5725 | | - | business indebtedness discharged in connection with the reacquisition after December 31, 2008, and |
---|
5726 | | - | before January 1, 2011, of an applicable debt instrument, as provided in Section 108(i) of the |
---|
5727 | | - | Internal Revenue Code. |
---|
5728 | | - | (10) Add an amount equal to any exempt insurance income under Section 953(e) of the Internal |
---|
5729 | | - | Revenue Code that is active financing income under Subpart F of Subtitle A, Chapter 1, Subchapter |
---|
5730 | | - | N of the Internal Revenue Code. |
---|
5731 | | - | (11) Add the amount excluded from federal gross income under Section 103 of the Internal Revenue |
---|
5732 | | - | Code for interest received on an obligation of a state other than Indiana, or a political subdivision |
---|
5733 | | - | of such a state, that is acquired by the taxpayer after December 31, 2011. |
---|
5734 | | - | (12) For taxable years beginning after December 25, 2016, add: |
---|
5735 | | - | (A) an amount equal to the amount reported by the taxpayer on IRC 965 Transition Tax |
---|
5736 | | - | Statement, line 1; or |
---|
5737 | | - | (B) if the taxpayer deducted an amount under Section 965(c) of the Internal Revenue Code in |
---|
5738 | | - | determining the taxpayer's taxable income for purposes of the federal income tax, the amount |
---|
5739 | | - | deducted under Section 965(c) of the Internal Revenue Code. |
---|
5740 | | - | (13) Add an amount equal to the deduction that was claimed by the taxpayer for the taxable year |
---|
5741 | | - | under Section 250(a)(1)(B) of the Internal Revenue Code (attributable to global intangible low-taxed |
---|
5742 | | - | income). The taxpayer shall separately specify the amount of the reduction under Section |
---|
5743 | | - | 250(a)(1)(B)(i) of the Internal Revenue Code and under Section 250(a)(1)(B)(ii) of the Internal |
---|
5744 | | - | Revenue Code. |
---|
5745 | | - | (14) Subtract any interest expense paid or accrued in the current taxable year but not deducted as |
---|
5746 | | - | a result of the limitation imposed under Section 163(j)(1) of the Internal Revenue Code. Add any |
---|
5747 | | - | HEA 1001 — CC 1 |
---|
5748 | | - | 135 interest expense paid or accrued in a previous taxable year but allowed as a deduction under Section |
---|
5749 | | - | 163 of the Internal Revenue Code in the current taxable year. For purposes of this subdivision, an |
---|
5750 | | - | interest expense is considered paid or accrued only in the first taxable year the deduction would have |
---|
5751 | | - | been allowable under Section 163 of the Internal Revenue Code if the limitation under Section |
---|
5752 | | - | 163(j)(1) of the Internal Revenue Code did not exist. |
---|
5753 | | - | (15) Subtract the amount that would have been excluded from gross income but for the enactment |
---|
5754 | | - | of Section 118(b)(2) of the Internal Revenue Code for taxable years ending after December 22, 2017. |
---|
5755 | | - | (16) Add an amount equal to the remainder of: |
---|
5756 | | - | (A) the amount allowable as a deduction under Section 274(n) of the Internal Revenue Code; |
---|
5757 | | - | minus |
---|
5758 | | - | (B) the amount otherwise allowable as a deduction under Section 274(n) of the Internal Revenue |
---|
5759 | | - | Code, if Section 274(n)(2)(D) of the Internal Revenue Code was not in effect for amounts paid |
---|
5760 | | - | or incurred after December 31, 2020. |
---|
5761 | | - | (17) For taxable years ending after March 12, 2020, subtract an amount equal to the deduction |
---|
5762 | | - | disallowed pursuant to: |
---|
5763 | | - | (A) Section 2301(e) of the CARES Act (Public Law 116-136), as modified by Sections 206 and |
---|
5764 | | - | 207 of the Taxpayer Certainty and Disaster Relief Tax Act (Division EE of Public Law 116-260); |
---|
5765 | | - | and |
---|
5766 | | - | (B) Section 3134(e) of the Internal Revenue Code. |
---|
5767 | | - | (18) For taxable years beginning after December 31, 2022, subtract an amount equal to the |
---|
5768 | | - | deduction disallowed under Section 280C(h) of the Internal Revenue Code. |
---|
5769 | | - | (19) Add or subtract any other amounts the taxpayer is: |
---|
5770 | | - | (A) required to add or subtract; or |
---|
5771 | | - | (B) entitled to deduct; |
---|
5772 | | - | under IC 6-3-2. |
---|
5773 | | - | (f) In the case of trusts and estates, "taxable income" (as defined for trusts and estates in Section 641(b) |
---|
5774 | | - | of the Internal Revenue Code) adjusted as follows: |
---|
5775 | | - | (1) Subtract income that is exempt from taxation under this article by the Constitution and statutes |
---|
5776 | | - | of the United States. |
---|
5777 | | - | (2) Subtract an amount equal to the amount of a September 11 terrorist attack settlement payment |
---|
5778 | | - | included in the federal adjusted gross income of the estate of a victim of the September 11 terrorist |
---|
5779 | | - | attack or a trust to the extent the trust benefits a victim of the September 11 terrorist attack. |
---|
5780 | | - | (3) Add or subtract the amount necessary to make the adjusted gross income of any taxpayer that |
---|
5781 | | - | owns property for which bonus depreciation was allowed in the current taxable year or in an earlier |
---|
5782 | | - | taxable year equal to the amount of adjusted gross income that would have been computed had an |
---|
5783 | | - | election not been made under Section 168(k) of the Internal Revenue Code to apply bonus |
---|
5784 | | - | depreciation to the property in the year that it was placed in service. |
---|
5785 | | - | (4) Add an amount equal to any deduction allowed under Section 172 of the Internal Revenue Code |
---|
5786 | | - | (concerning net operating losses). |
---|
5787 | | - | (5) Add or subtract the amount necessary to make the adjusted gross income of any taxpayer that |
---|
5788 | | - | placed Section 179 property (as defined in Section 179 of the Internal Revenue Code) in service in |
---|
5789 | | - | the current taxable year or in an earlier taxable year equal to the amount of adjusted gross income |
---|
5790 | | - | that would have been computed had an election for federal income tax purposes not been made for |
---|
5791 | | - | the year in which the property was placed in service to take deductions under Section 179 of the |
---|
5792 | | - | HEA 1001 — CC 1 |
---|
5793 | | - | 136 Internal Revenue Code in a total amount exceeding the sum of: |
---|
5794 | | - | (A) twenty-five thousand dollars ($25,000) to the extent deductions under Section 179 of the |
---|
5795 | | - | Internal Revenue Code were not elected as provided in clause (B); and |
---|
5796 | | - | (B) for taxable years beginning after December 31, 2017, the deductions elected under Section |
---|
5797 | | - | 179 of the Internal Revenue Code on property acquired in an exchange if: |
---|
5798 | | - | (i) the exchange would have been eligible for nonrecognition of gain or loss under Section |
---|
5799 | | - | 1031 of the Internal Revenue Code in effect on January 1, 2017; |
---|
5800 | | - | (ii) the exchange is not eligible for nonrecognition of gain or loss under Section 1031 of the |
---|
5801 | | - | Internal Revenue Code; and |
---|
5802 | | - | (iii) the taxpayer made an election to take deductions under Section 179 of the Internal |
---|
5803 | | - | Revenue Code with regard to the acquired property in the year that the property was placed into |
---|
5804 | | - | service. |
---|
5805 | | - | The amount of deductions allowable for an item of property under this clause may not exceed the |
---|
5806 | | - | amount of adjusted gross income realized on the property that would have been deferred under |
---|
5807 | | - | the Internal Revenue Code in effect on January 1, 2017. |
---|
5808 | | - | (6) Subtract income that is: |
---|
5809 | | - | (A) exempt from taxation under IC 6-3-2-21.7 (certain income derived from patents); and |
---|
5810 | | - | (B) included in the taxpayer's taxable income under the Internal Revenue Code. |
---|
5811 | | - | (7) Add an amount equal to any income not included in gross income as a result of the deferral of |
---|
5812 | | - | income arising from business indebtedness discharged in connection with the reacquisition after |
---|
5813 | | - | December 31, 2008, and before January 1, 2011, of an applicable debt instrument, as provided in |
---|
5814 | | - | Section 108(i) of the Internal Revenue Code. Subtract from the adjusted gross income of any |
---|
5815 | | - | taxpayer that added an amount to adjusted gross income in a previous year the amount necessary to |
---|
5816 | | - | offset the amount included in federal gross income as a result of the deferral of income arising from |
---|
5817 | | - | business indebtedness discharged in connection with the reacquisition after December 31, 2008, and |
---|
5818 | | - | before January 1, 2011, of an applicable debt instrument, as provided in Section 108(i) of the |
---|
5819 | | - | Internal Revenue Code. |
---|
5820 | | - | (8) Add the amount excluded from federal gross income under Section 103 of the Internal Revenue |
---|
5821 | | - | Code for interest received on an obligation of a state other than Indiana, or a political subdivision |
---|
5822 | | - | of such a state, that is acquired by the taxpayer after December 31, 2011. |
---|
5823 | | - | (9) For taxable years beginning after December 25, 2016, add an amount equal to: |
---|
5824 | | - | (A) the amount reported by the taxpayer on IRC 965 Transition Tax Statement, line 1; |
---|
5825 | | - | (B) if the taxpayer deducted an amount under Section 965(c) of the Internal Revenue Code in |
---|
5826 | | - | determining the taxpayer's taxable income for purposes of the federal income tax, the amount |
---|
5827 | | - | deducted under Section 965(c) of the Internal Revenue Code; and |
---|
5828 | | - | (C) with regard to any amounts of income under Section 965 of the Internal Revenue Code |
---|
5829 | | - | distributed by the taxpayer, the deduction under Section 965(c) of the Internal Revenue Code |
---|
5830 | | - | attributable to such distributed amounts and not reported to the beneficiary. |
---|
5831 | | - | For purposes of this article, the amount required to be added back under clause (B) is not considered |
---|
5832 | | - | to be distributed or distributable to a beneficiary of the estate or trust for purposes of Sections 651 |
---|
5833 | | - | and 661 of the Internal Revenue Code. |
---|
5834 | | - | (10) Subtract any interest expense paid or accrued in the current taxable year but not deducted as |
---|
5835 | | - | a result of the limitation imposed under Section 163(j)(1) of the Internal Revenue Code. Add any |
---|
5836 | | - | interest expense paid or accrued in a previous taxable year but allowed as a deduction under Section |
---|
5837 | | - | HEA 1001 — CC 1 |
---|
5838 | | - | 137 163 of the Internal Revenue Code in the current taxable year. For purposes of this subdivision, an |
---|
5839 | | - | interest expense is considered paid or accrued only in the first taxable year the deduction would have |
---|
5840 | | - | been allowable under Section 163 of the Internal Revenue Code if the limitation under Section |
---|
5841 | | - | 163(j)(1) of the Internal Revenue Code did not exist. |
---|
5842 | | - | (11) Add an amount equal to the deduction for qualified business income that was claimed by the |
---|
5843 | | - | taxpayer for the taxable year under Section 199A of the Internal Revenue Code. |
---|
5844 | | - | (12) Subtract the amount that would have been excluded from gross income but for the enactment |
---|
5845 | | - | of Section 118(b)(2) of the Internal Revenue Code for taxable years ending after December 22, 2017. |
---|
5846 | | - | (13) Add an amount equal to the remainder of: |
---|
5847 | | - | (A) the amount allowable as a deduction under Section 274(n) of the Internal Revenue Code; |
---|
5848 | | - | minus |
---|
5849 | | - | (B) the amount otherwise allowable as a deduction under Section 274(n) of the Internal Revenue |
---|
5850 | | - | Code, if Section 274(n)(2)(D) of the Internal Revenue Code was not in effect for amounts paid |
---|
5851 | | - | or incurred after December 31, 2020. |
---|
5852 | | - | (14) For taxable years beginning after December 31, 2017, and before January 1, 2021, add an |
---|
5853 | | - | amount equal to the excess business loss of the taxpayer as defined in Section 461(l)(3) of the |
---|
5854 | | - | Internal Revenue Code. In addition: |
---|
5855 | | - | (A) If a taxpayer has an excess business loss under this subdivision and also has modifications |
---|
5856 | | - | under subdivisions (3) and (5) for property placed in service during the taxable year, the taxpayer |
---|
5857 | | - | shall treat a portion of the taxable year modifications for that property as occurring in the taxable |
---|
5858 | | - | year the property is placed in service and a portion of the modifications as occurring in the |
---|
5859 | | - | immediately following taxable year. |
---|
5860 | | - | (B) The portion of the modifications under subdivisions (3) and (5) for property placed in service |
---|
5861 | | - | during the taxable year treated as occurring in the taxable year in which the property is placed |
---|
5862 | | - | in service equals: |
---|
5863 | | - | (i) the modification for the property otherwise determined under this section; minus |
---|
5864 | | - | (ii) the excess business loss disallowed under this subdivision; |
---|
5865 | | - | but not less than zero (0). |
---|
5866 | | - | (C) The portion of the modifications under subdivisions (3) and (5) for property placed in service |
---|
5867 | | - | during the taxable year treated as occurring in the taxable year immediately following the taxable |
---|
5868 | | - | year in which the property is placed in service equals the modification for the property otherwise |
---|
5869 | | - | determined under this section minus the amount in clause (B). |
---|
5870 | | - | (D) Any reallocation of modifications between taxable years under clauses (B) and (C) shall be |
---|
5871 | | - | first allocated to the modification under subdivision (3), then to the modification under |
---|
5872 | | - | subdivision (5). |
---|
5873 | | - | (15) For taxable years ending after March 12, 2020, subtract an amount equal to the deduction |
---|
5874 | | - | disallowed pursuant to: |
---|
5875 | | - | (A) Section 2301(e) of the CARES Act (Public Law 116-136), as modified by Sections 206 and |
---|
5876 | | - | 207 of the Taxpayer Certainty and Disaster Relief Tax Act (Division EE of Public Law 116-260); |
---|
5877 | | - | and |
---|
5878 | | - | (B) Section 3134(e) of the Internal Revenue Code. |
---|
5879 | | - | (16) For taxable years beginning after December 31, 2022, subtract an amount equal to the |
---|
5880 | | - | deduction disallowed under Section 280C(h) of the Internal Revenue Code. |
---|
5881 | | - | (17) Except as provided in subsection (c), for taxable years beginning after December 31, 2022, add |
---|
5882 | | - | HEA 1001 — CC 1 |
---|
5883 | | - | 138 an amount equal to any deduction or deductions allowed or allowable in determining taxable income |
---|
5884 | | - | under Section 641(b) of the Internal Revenue Code for taxes based on or measured by income and |
---|
5885 | | - | levied at the state level by any state of the United States. |
---|
5886 | | - | (18) Add or subtract any other amounts the taxpayer is: |
---|
5887 | | - | (A) required to add or subtract; or |
---|
5888 | | - | (B) entitled to deduct; |
---|
5889 | | - | under IC 6-3-2. |
---|
5890 | | - | (g) For purposes of IC 6-3-2.1, IC 6-3-4-12, IC 6-3-4-13, and IC 6-3-4-15 for taxable years beginning |
---|
5891 | | - | after December 31, 2022, "adjusted gross income" of a pass through entity means the aggregate of items |
---|
5892 | | - | of ordinary income and loss in the case of a partnership or a corporation described in IC 6-3-2-2.8(2), or |
---|
5893 | | - | aggregate distributable net income of a trust or estate as defined in Section 643 of the Internal Revenue |
---|
5894 | | - | Code, whichever is applicable, for the taxable year modified as follows: |
---|
5895 | | - | (1) Add the separately stated items of income and gains, or the equivalent items that must be |
---|
5896 | | - | considered separately by a beneficiary, as determined for federal purposes, attributed to the partners, |
---|
5897 | | - | shareholders, or beneficiaries of the pass through entity, determined without regard to whether the |
---|
5898 | | - | owner is permitted to exclude all or part of the income or gain or deduct any amount against the |
---|
5899 | | - | income or gain. |
---|
5900 | | - | (2) Subtract the separately stated items of deductions or losses or items that must be considered |
---|
5901 | | - | separately by beneficiaries, as determined for federal purposes, attributed to partners, shareholders, |
---|
5902 | | - | or beneficiaries of the pass through entity and that are deductible by an individual in determining |
---|
5903 | | - | adjusted gross income as defined under Section 62 of the Internal Revenue Code: |
---|
5904 | | - | (A) limited as if the partners, shareholders, and beneficiaries deducted the maximum allowable |
---|
5905 | | - | loss or deduction allowable for the taxable year prior to any amount deductible from the pass |
---|
5906 | | - | through entity; but |
---|
5907 | | - | (B) not considering any disallowance of deductions resulting from federal basis limitations for |
---|
5908 | | - | the partner, shareholder, or beneficiary. |
---|
5909 | | - | (3) Add or subtract any modifications to adjusted gross income that would be required both for |
---|
5910 | | - | individuals under subsection (a) and corporations under subsection (b) to the extent otherwise |
---|
5911 | | - | provided in those subsections, including amounts that are allowable for which such modifications |
---|
5912 | | - | are necessary to account for separately stated items in subdivision (1) or (2). |
---|
5913 | | - | (h) Subsections (a)(35), (b)(20), (d)(19), (e)(19), or (f)(18) may not be construed to require an add |
---|
5914 | | - | back or allow a deduction or exemption more than once for a particular add back, deduction, or |
---|
5915 | | - | exemption. |
---|
5916 | | - | (i) For taxable years beginning after December 25, 2016, if: |
---|
5917 | | - | (1) a taxpayer is a shareholder, either directly or indirectly, in a corporation that is an E&P deficit |
---|
5918 | | - | foreign corporation as defined in Section 965(b)(3)(B) of the Internal Revenue Code, and the |
---|
5919 | | - | earnings and profit deficit, or a portion of the earnings and profit deficit, of the E&P deficit foreign |
---|
5920 | | - | corporation is permitted to reduce the federal adjusted gross income or federal taxable income of |
---|
5921 | | - | the taxpayer, the deficit, or the portion of the deficit, shall also reduce the amount taxable under this |
---|
5922 | | - | section to the extent permitted under the Internal Revenue Code, however, in no case shall this |
---|
5923 | | - | permit a reduction in the amount taxable under Section 965 of the Internal Revenue Code for |
---|
5924 | | - | purposes of this section to be less than zero (0); and |
---|
5925 | | - | (2) the Internal Revenue Service issues guidance that such an income or deduction is not reported |
---|
5926 | | - | directly on a federal tax return or is to be reported in a manner different than specified in this |
---|
5927 | | - | HEA 1001 — CC 1 |
---|
5928 | | - | 139 section, this section shall be construed as if federal adjusted gross income or federal taxable income |
---|
5929 | | - | included the income or deduction. |
---|
5930 | | - | (j) If a partner is required to include an item of income, a deduction, or another tax attribute in the |
---|
5931 | | - | partner's adjusted gross income tax return pursuant to IC 6-3-4.5, such item shall be considered to be |
---|
5932 | | - | includible in the partner's federal adjusted gross income or federal taxable income, regardless of whether |
---|
5933 | | - | such item is actually required to be reported by the partner for federal income tax purposes. For purposes |
---|
5934 | | - | of this subsection: |
---|
5935 | | - | (1) items for which a valid election is made under IC 6-3-4.5-6, IC 6-3-4.5-8, or IC 6-3-4.5-9 shall |
---|
5936 | | - | not be required to be included in the partner's adjusted gross income or taxable income; and |
---|
5937 | | - | (2) items for which the partnership did not make an election under IC 6-3-4.5-6, IC 6-3-4.5-8, or |
---|
5938 | | - | IC 6-3-4.5-9, but for which the partnership is required to remit tax pursuant to IC 6-3-4.5-18, shall |
---|
5939 | | - | be included in the partner's adjusted gross income or taxable income. |
---|
5940 | | - | SECTION 95. IC 6-3-2-1, AS AMENDED BY P.L.138-2022, SECTION 4, IS AMENDED TO READ |
---|
5941 | | - | AS FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 1. (a) As used in this section, "pre-1996 account" |
---|
5942 | | - | has the meaning set forth in IC 5-10.2-1-5.5. |
---|
5943 | | - | (b) (a) Each taxable year, a tax at the following rate of adjusted gross income is imposed upon the |
---|
5944 | | - | adjusted gross income of every resident person, and on that part of the adjusted gross income derived from |
---|
5945 | | - | sources within Indiana of every nonresident person: |
---|
5946 | | - | (1) For taxable years beginning before January 1, 2015, three and four-tenths percent (3.4%). |
---|
5947 | | - | (2) For taxable years beginning after December 31, 2014, and before January 1, 2017, three and |
---|
5948 | | - | three-tenths percent (3.3%). |
---|
5949 | | - | (3) For taxable years beginning after December 31, 2016, and before January 1, 2023, three and |
---|
5950 | | - | twenty-three hundredths percent (3.23%). |
---|
5951 | | - | (4) For taxable years beginning after December 31, 2022, and before January 1, 2025, 2024, three |
---|
5952 | | - | and fifteen hundredths percent (3.15%). |
---|
5953 | | - | (5) For taxable years beginning after December 31, 2024, and before January 1, 2027, the tax rate |
---|
5954 | | - | is determined as follows: |
---|
5955 | | - | (A) If the state general fund revenue collections for the state fiscal year ending June 30, 2024, |
---|
5956 | | - | exceed by at least two percent (2%) the state general fund revenue collections for the state fiscal |
---|
5957 | | - | year ending June 30, 2023, as determined by the budget agency under subsection (e), the tax rate |
---|
5958 | | - | is three and one-tenth percent (3.1%). |
---|
5959 | | - | (B) If the state general fund revenue collections for the state fiscal year ending June 30, 2024, |
---|
5960 | | - | do not exceed by at least two percent (2%) the state general fund revenue collections for the state |
---|
5961 | | - | fiscal year ending June 30, 2023, as determined by the budget agency under subsection (e), the |
---|
5962 | | - | tax rate is three and fifteen hundredths percent (3.15%). |
---|
5963 | | - | (6) For taxable years beginning after December 31, 2026, and before January 1, 2029, the tax rate |
---|
5964 | | - | is determined as follows: |
---|
5965 | | - | (A) Three percent (3.0%) if the: |
---|
5966 | | - | (i) state general fund revenue collections for the state fiscal year ending June 30, 2026, exceed |
---|
5967 | | - | by at least two percent (2%) the state general fund revenue collections for the state fiscal year |
---|
5968 | | - | ending June 30, 2025, as determined by the budget agency under subsection (e); |
---|
5969 | | - | (ii) Indiana public retirement system determines under subsection (f) in 2026 that the balance |
---|
5970 | | - | of the pension stabilization fund (established by IC 5-10.4-2-5) is sufficient to pay the |
---|
5971 | | - | liabilities of the pre-1996 account without the need for an appropriation by the general |
---|
5972 | | - | HEA 1001 — CC 1 |
---|
5973 | | - | 140 assembly; and |
---|
5974 | | - | (iii) tax rate was decreased under subdivision (5)(A). |
---|
5975 | | - | (B) Three and ten hundredths percent (3.1%) if the: |
---|
5976 | | - | (i) state general fund revenue collections for the state fiscal year ending June 30, 2026, exceed |
---|
5977 | | - | by at least two percent (2%) the state general fund revenue collections for the state fiscal year |
---|
5978 | | - | ending June 30, 2025, as determined by the budget agency under subsection (e); |
---|
5979 | | - | (ii) Indiana public retirement system determines under subsection (f) in 2026 that the balance |
---|
5980 | | - | of the pension stabilization fund (established by IC 5-10.4-2-5) is sufficient to pay the |
---|
5981 | | - | liabilities of the pre-1996 account without the need for an appropriation by the general |
---|
5982 | | - | assembly; and |
---|
5983 | | - | (iii) tax rate was not decreased under subdivision (5)(A). |
---|
5984 | | - | (C) If clauses (A) and (B) do not apply, the tax rate in effect in the taxable year beginning after |
---|
5985 | | - | December 31, 2025, and before January 1, 2027, remains in effect. |
---|
5986 | | - | (7) For taxable years beginning after December 31, 2028, the tax rate is determined as follows: |
---|
5987 | | - | (A) Two and nine tenths percent (2.9%) if the: |
---|
5988 | | - | (i) state general fund revenue collections for the state fiscal year ending June 30, 2028, exceed |
---|
5989 | | - | by at least two percent (2%) the state general fund revenue collections for the state fiscal year |
---|
5990 | | - | ending June 30, 2027, as determined by the budget agency under subsection (e); |
---|
5991 | | - | (ii) Indiana public retirement system determines under subsection (f) in 2028 that the balance |
---|
5992 | | - | of the pension stabilization fund (established by IC 5-10.4-2-5) is sufficient to pay the |
---|
5993 | | - | liabilities of the pre-1996 account without the need for an appropriation by the general |
---|
5994 | | - | assembly; and |
---|
5995 | | - | (iii) tax rate was decreased under subdivisions (5) and (6). |
---|
5996 | | - | (B) Three percent (3.0%) if the: |
---|
5997 | | - | (i) state general fund revenue collections for the state fiscal year ending June 30, 2028, exceed |
---|
5998 | | - | by at least two percent (2%) the state general fund revenue collections for the state fiscal year |
---|
5999 | | - | ending June 30, 2027, as determined by the budget agency under subsection (e); |
---|
6000 | | - | (ii) Indiana public retirement system determines under subsection (f) in 2028 that the balance |
---|
6001 | | - | of the pension stabilization fund (established by IC 5-10.4-2-5) is sufficient to pay the |
---|
6002 | | - | liabilities of the pre-1996 account without the need for an appropriation by the general |
---|
6003 | | - | assembly; and |
---|
6004 | | - | (iii) tax rate was decreased under subdivision (5) or (6), but not both. |
---|
6005 | | - | (C) Three and ten hundredths percent (3.1%) if the: |
---|
6006 | | - | (i) state general fund revenue collections for the state fiscal year ending June 30, 2028, exceed |
---|
6007 | | - | by at least two percent (2%) the state general fund revenue collections for the state fiscal year |
---|
6008 | | - | ending June 30, 2027, as determined by the budget agency under subsection (e); |
---|
6009 | | - | (ii) Indiana public retirement system determines under subsection (f) in 2028 that the balance |
---|
6010 | | - | of the pension stabilization fund (established by IC 5-10.4-2-5) is sufficient to pay the |
---|
6011 | | - | liabilities of the pre-1996 account without the need for an appropriation by the general |
---|
6012 | | - | assembly; and |
---|
6013 | | - | (iii) tax rate was not decreased under either subdivision (5) or (6). |
---|
6014 | | - | (D) If clauses (A), (B), and (C) do not apply, the tax rate in effect in the taxable year beginning |
---|
6015 | | - | after December 31, 2027, and before January 1, 2029, remains in effect. |
---|
6016 | | - | (5) For taxable years beginning after December 31, 2023, and before January 1, 2025, three |
---|
6017 | | - | HEA 1001 — CC 1 |
---|
6018 | | - | 141 and five-hundredths percent (3.05%). |
---|
6019 | | - | (6) For taxable years beginning after December 31, 2024, and before January 1, 2026, three |
---|
6020 | | - | percent (3%). |
---|
6021 | | - | (7) For taxable years beginning after December 31, 2025, and before January 1, 2027, two and |
---|
6022 | | - | ninety-five hundredths percent (2.95%). |
---|
6023 | | - | (8) For taxable years beginning after December 31, 2026, two and nine-tenths percent (2.9%). |
---|
6024 | | - | (c) (b) Except as provided in section 1.5 of this chapter (before its expiration), each taxable year, a tax |
---|
6025 | | - | at the following rate of adjusted gross income is imposed on that part of the adjusted gross income derived |
---|
6026 | | - | from sources within Indiana of every corporation: |
---|
6027 | | - | (1) Before July 1, 2012, eight and five-tenths percent (8.5%). |
---|
6028 | | - | (2) After June 30, 2012, and before July 1, 2013, eight percent (8.0%). |
---|
6029 | | - | (3) After June 30, 2013, and before July 1, 2014, seven and five-tenths percent (7.5%). |
---|
6030 | | - | (4) After June 30, 2014, and before July 1, 2015, seven percent (7.0%). |
---|
6031 | | - | (5) After June 30, 2015, and before July 1, 2016, six and five-tenths percent (6.5%). |
---|
6032 | | - | (6) After June 30, 2016, and before July 1, 2017, six and twenty-five hundredths percent (6.25%). |
---|
6033 | | - | (7) After June 30, 2017, and before July 1, 2018, six percent (6.0%). |
---|
6034 | | - | (8) After June 30, 2018, and before July 1, 2019, five and seventy-five hundredths percent (5.75%). |
---|
6035 | | - | (9) After June 30, 2019, and before July 1, 2020, five and five-tenths percent (5.5%). |
---|
6036 | | - | (10) After June 30, 2020, and before July 1, 2021, five and twenty-five hundredths percent (5.25%). |
---|
6037 | | - | (11) After June 30, 2021, four and nine-tenths percent (4.9%). |
---|
6038 | | - | (d) (c) If for any taxable year a taxpayer is subject to different tax rates under subsection (b), the |
---|
6039 | | - | taxpayer's tax rate for that taxable year is the rate determined in the last STEP of the following STEPS: |
---|
6040 | | - | STEP ONE: Multiply the number of days in the taxpayer's taxable year that precede the day the rate |
---|
6041 | | - | changed by the rate in effect before the rate change. |
---|
6042 | | - | STEP TWO: Multiply the number of days in the taxpayer's taxable year that follow the day before |
---|
6043 | | - | the rate changed by the rate in effect after the rate change. |
---|
6044 | | - | STEP THREE: Divide the sum of the amounts determined under STEPS ONE and TWO by the |
---|
6045 | | - | number of days in the taxpayer's tax period. |
---|
6046 | | - | However, the rate determined under this subsection shall be rounded to the nearest one-hundredth of one |
---|
6047 | | - | percent (0.01%). |
---|
6048 | | - | (e) After the end of each even-numbered state fiscal year that ends before January 1, 2029, the budget |
---|
6049 | | - | agency shall calculate and determine the percentage of revenue growth in state general fund revenue |
---|
6050 | | - | collections between each applicable state fiscal year under subsection (b)(5) through (b)(7) for purposes |
---|
6051 | | - | of determining whether the tax rate will decrease for a taxable year under subsection (b)(5) through (b)(7). |
---|
6052 | | - | The budget agency shall make the calculation not later than thirty (30) days after the end of each |
---|
6053 | | - | even-numbered state fiscal year. |
---|
6054 | | - | (f) Beginning after the end of the state fiscal year ending June 30, 2026, and after the end of each |
---|
6055 | | - | even-numbered state fiscal year that ends before January 1, 2029, for purposes of determining whether |
---|
6056 | | - | the tax rate will decrease for a taxable year under subsection (b)(6) through (b)(7), the Indiana public |
---|
6057 | | - | retirement system shall determine whether the balance of the pension stabilization fund (established by |
---|
6058 | | - | IC 5-10.4-2-5) is sufficient to pay the liabilities of the pre-1996 account without the need for an |
---|
6059 | | - | appropriation by the general assembly. The Indiana public retirement system shall make the calculation |
---|
6060 | | - | not later than thirty (30) days after the end of each even-numbered state fiscal year. |
---|
6061 | | - | (g) This subsection applies in calendar year 2024. Not later than September 1, the budget agency shall |
---|
6062 | | - | HEA 1001 — CC 1 |
---|
6063 | | - | 142 report the percentage of revenue growth determined under subsection (e) to the budget committee, and |
---|
6064 | | - | certify the results to the department. |
---|
6065 | | - | (h) This subsection applies in each even-numbered calendar year beginning after December 31, 2025, |
---|
6066 | | - | and ending before January 1, 2029. Not later than September 1 of each year, the budget agency, in |
---|
6067 | | - | collaboration with the Indiana public retirement system, shall report the: |
---|
6068 | | - | (1) applicable percentage of revenue growth determined under subsection (e); and |
---|
6069 | | - | (2) determination made for the applicable year under subsection (f); |
---|
6070 | | - | to the budget committee, and certify the results to the department. |
---|
6071 | | - | (i) Not later than November 1 of each year, if the results certified under subsection (g) or (h), as |
---|
6072 | | - | applicable, satisfy the conditions for a tax rate decrease as set forth in subsection (b)(5) through (b)(7), |
---|
6073 | | - | as applicable, the department shall provide notice of the determination and the applicable tax rate under |
---|
6074 | | - | subsection (b)(5) through (b)(7) on the department's Internet web site in a departmental notice. |
---|
6075 | | - | SECTION 96. IC 6-3-2-1.5, AS AMENDED BY P.L.138-2022, SECTION 5, IS AMENDED TO |
---|
6076 | | - | READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 1.5. (a) As used in this section, "qualified |
---|
6077 | | - | area" means: |
---|
6078 | | - | (1) a military base (as defined in IC 36-7-30-1(c)); |
---|
6079 | | - | (2) a military base reuse area established under IC 36-7-30; |
---|
6080 | | - | (3) the part of an economic development area established under IC 36-7-14.5-12.5 that is or formerly |
---|
6081 | | - | was a military base (as defined in IC 36-7-30-1(c)); or |
---|
6082 | | - | (4) a qualified military base enhancement area established under IC 36-7-34. |
---|
6083 | | - | (b) Except as provided in subsections (e) and (h), a tax at the lesser of: |
---|
6084 | | - | (1) the rate of five percent (5%) of adjusted gross income; or |
---|
6085 | | - | (2) the rate imposed under section 1(c) 1(b) of this chapter; |
---|
6086 | | - | is imposed on that part of the adjusted gross income of a corporation that is derived from sources within |
---|
6087 | | - | a qualified area if the corporation locates all or part of its operations in a qualified area during the taxable |
---|
6088 | | - | year, as determined under subsection (g). The tax rate under this section applies to the taxable year in |
---|
6089 | | - | which the corporation locates its operations in the qualified area and to the next succeeding four (4) |
---|
6090 | | - | taxable years, and the tax rate shall be determined as provided in this subsection in each of those taxable |
---|
6091 | | - | years. |
---|
6092 | | - | (c) In the case of a corporation that locates all or part of its operations in a qualified military base |
---|
6093 | | - | enhancement area established under IC 36-7-34-4(1), the tax rate imposed under this section applies to |
---|
6094 | | - | the corporation only if the corporation meets at least one (1) of the following criteria: |
---|
6095 | | - | (1) The corporation is a participant in the technology transfer program conducted by the qualified |
---|
6096 | | - | military base (as defined in IC 36-7-34-3). |
---|
6097 | | - | (2) The corporation is a United States Department of Defense contractor. |
---|
6098 | | - | (3) The corporation and the qualified military base have a mutually beneficial relationship evidenced |
---|
6099 | | - | by a memorandum of understanding between the corporation and the United States Department of |
---|
6100 | | - | Defense. |
---|
6101 | | - | (d) In the case of a business that uses the services or commodities in a qualified military base |
---|
6102 | | - | enhancement area established under IC 36-7-34-4(2), the business must satisfy at least one (1) of the |
---|
6103 | | - | following criteria: |
---|
6104 | | - | (1) The business is a participant in the technology transfer program conducted by the qualified |
---|
6105 | | - | military base (as defined in IC 36-7-34-3). |
---|
6106 | | - | (2) The business and the qualified military base have a mutually beneficial relationship evidenced |
---|
6107 | | - | HEA 1001 — CC 1 |
---|
6108 | | - | 143 by a memorandum of understanding between the business and the qualified military base (as defined |
---|
6109 | | - | in IC 36-7-34-3). |
---|
6110 | | - | (e) A taxpayer is not entitled to the tax rate described in subsection (b) to the extent that the taxpayer |
---|
6111 | | - | substantially reduces or ceases its operations at another location in Indiana in order to relocate its |
---|
6112 | | - | operations within the qualified area, unless: |
---|
6113 | | - | (1) the taxpayer had existing operations in the qualified area; and |
---|
6114 | | - | (2) the operations relocated to the qualified area are an expansion of the taxpayer's operations in the |
---|
6115 | | - | qualified area. |
---|
6116 | | - | (f) A determination under subsection (e) that a taxpayer is not entitled to the tax rate provided by this |
---|
6117 | | - | section as a result of a substantial reduction or cessation of operations applies to the taxable year in which |
---|
6118 | | - | the substantial reduction or cessation occurs and in all subsequent years. Determinations under this |
---|
6119 | | - | section shall be made by the department of state revenue. |
---|
6120 | | - | (g) The department of state revenue: |
---|
6121 | | - | (1) shall adopt rules under IC 4-22-2 to establish a procedure for determining the part of a |
---|
6122 | | - | corporation's adjusted gross income that was derived from sources within a qualified area; and |
---|
6123 | | - | (2) may adopt other rules that the department considers necessary for the implementation of this |
---|
6124 | | - | chapter. |
---|
6125 | | - | (h) The tax rate under this section applies only to a corporation that locates all or part of its operations |
---|
6126 | | - | in a qualified area before January 1, 2019. However, this subsection may not be construed to prevent the |
---|
6127 | | - | tax rate from applying to succeeding taxable years of a corporation after December 31, 2018, if the |
---|
6128 | | - | corporation locates all or part of its operations in a qualified area before January 1, 2019. |
---|
6129 | | - | (i) This section expires January 1, 2025. |
---|
6130 | | - | SECTION 97. IC 6-3-4.5-1, AS AMENDED BY P.L.178-2022(ts), SECTION 7, IS AMENDED TO |
---|
6131 | | - | READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 1. The following definitions apply |
---|
6132 | | - | throughout this chapter: |
---|
6133 | | - | (1) "Adjustment year" means the partnership taxable year described in Section 6225(d)(2) of the |
---|
6134 | | - | Internal Revenue Code. |
---|
6135 | | - | (2) "Administrative adjustment request" means an administrative adjustment request filed by a |
---|
6136 | | - | partnership under Section 6227 of the Internal Revenue Code. |
---|
6137 | | - | (3) "Affected year" means any taxable year for a taxpayer that is affected by an adjustment under |
---|
6138 | | - | this chapter, regardless of whether the partnership has received an adjustment for that taxable year. |
---|
6139 | | - | (4) "Audited partnership" means a partnership subject to a partnership level audit resulting in a |
---|
6140 | | - | federal adjustment. |
---|
6141 | | - | (5) "Corporate partner" means a partner that is subject to the state adjusted gross income tax under |
---|
6142 | | - | IC 6-3-2-1(c) IC 6-3-2-1(b) or the financial institutions tax under IC 6-5.5-2-1. In the case of a |
---|
6143 | | - | partner that is a corporation described in IC 6-3-2-2.8(2) that also is subject to tax under |
---|
6144 | | - | IC 6-3-2-1(c), IC 6-3-2-1(b), the corporation is a corporate partner only to the extent that its income |
---|
6145 | | - | is subject to tax under IC 6-3-2-1(c). IC 6-3-2-1(b). |
---|
6146 | | - | (6) "Direct partner" means a partner that holds an interest directly in a partnership or pass through |
---|
6147 | | - | entity. |
---|
6148 | | - | (7) "Exempt partner" means a partner that is exempt from the adjusted gross income tax under |
---|
6149 | | - | IC 6-3-2-2.8(1) or the financial institutions tax under IC 6-5.5-2-7(4), except to the extent of |
---|
6150 | | - | unrelated business taxable income. |
---|
6151 | | - | (8) "Federal adjustment" means a change to an item or amount determined under the Internal |
---|
6152 | | - | HEA 1001 — CC 1 |
---|
6153 | | - | 144 Revenue Code or a change to any other tax attribute that is used by a taxpayer to compute state |
---|
6154 | | - | adjusted gross income taxes or financial institutions tax owed, whether that change results from |
---|
6155 | | - | action by the Internal Revenue Service, including a partnership level audit, or the filing of an |
---|
6156 | | - | amended federal return, a federal refund claim, or an administrative adjustment request by the |
---|
6157 | | - | taxpayer. A federal adjustment is positive to the extent that it increases state adjusted gross income |
---|
6158 | | - | as determined under IC 6-3 or IC 6-5.5 and is negative to the extent that it decreases state adjusted |
---|
6159 | | - | gross income as determined under IC 6-3 or IC 6-5.5. |
---|
6160 | | - | (9) "Federal adjustment reports" includes methods or forms required by the department for use by |
---|
6161 | | - | a taxpayer to report final federal adjustments for purposes of this chapter, including an amended |
---|
6162 | | - | Indiana tax return, information return, or uniform multistate report. |
---|
6163 | | - | (10) "Federal partnership representative" means a person the partnership designates for the taxable |
---|
6164 | | - | year as the partnership's representative, or the person the Internal Revenue Service has appointed |
---|
6165 | | - | to act as the federal partnership representative, pursuant to Section 6223(a) of the Internal Revenue |
---|
6166 | | - | Code. |
---|
6167 | | - | (11) "Final determination date" means the following: |
---|
6168 | | - | (A) Except as provided in clause (B) or (C), if the federal adjustment arises from an Internal |
---|
6169 | | - | Revenue Service audit or other action by the Internal Revenue Service, the final determination |
---|
6170 | | - | date is the date on which the federal adjustment is a final determination under IC 6-3-4-6(d). |
---|
6171 | | - | (B) For federal adjustments arising from an Internal Revenue Service audit or other action by the |
---|
6172 | | - | Internal Revenue Service, if the taxpayer filed as a member of a consolidated tax return filed |
---|
6173 | | - | under IC 6-3-4-14, a combined return filed under IC 6-3-2-2 or IC 6-5.5-5-1, or a return |
---|
6174 | | - | combined by the department under IC 6-3-2-2(p), the final determination date means the first |
---|
6175 | | - | date on which no related federal adjustments arising from that audit remain to be finally |
---|
6176 | | - | determined, as described in clause (A), for the entire group. |
---|
6177 | | - | (C) If the federal adjustment results from filing an amended federal return, a federal refund claim, |
---|
6178 | | - | or an administrative adjustment request, the final determination date means the day on which the |
---|
6179 | | - | amended return, refund claim, administrative adjustment request, or other similar report was |
---|
6180 | | - | filed. |
---|
6181 | | - | (12) "Final federal adjustment" means a federal adjustment after the final determination date for that |
---|
6182 | | - | federal adjustment has passed. |
---|
6183 | | - | (13) "Indirect partner" means a partner in a partnership or pass through entity that itself holds an |
---|
6184 | | - | interest directly, or through another indirect partner, in a partnership or pass through entity. |
---|
6185 | | - | (14) "Internal Revenue Code" has the meaning set forth in IC 6-3-1-11. |
---|
6186 | | - | (15) "Nonresident partner" has the meaning provided in IC 6-3-4-12(n). |
---|
6187 | | - | (16) "Partner" means a person or entity that holds an interest directly or indirectly in a partnership |
---|
6188 | | - | or other pass through entity. |
---|
6189 | | - | (17) "Partner level adjustments report" means a report provided by a partnership to its partners as |
---|
6190 | | - | a result of a department action with regard to the partnership. A partner level adjustments report |
---|
6191 | | - | does not include an amended statement provided by a partnership or other entity as a result of an |
---|
6192 | | - | adjustment reported by the partnership. |
---|
6193 | | - | (18) "Partnership" has the meaning set forth in IC 6-3-1-19. |
---|
6194 | | - | (19) "Partnership level audit" means an examination by the Internal Revenue Service at the |
---|
6195 | | - | partnership level under Sections 6221 through 6241 of the Internal Revenue Code, as enacted by the |
---|
6196 | | - | Bipartisan Budget Act of 2015, Public Law 114-74, which results in federal adjustments. |
---|
6197 | | - | HEA 1001 — CC 1 |
---|
6198 | | - | 145 (20) "Partnership return" means a return required to be filed by a partnership pursuant to |
---|
6199 | | - | IC 6-3-4-10. In the case of a partnership that is required to withhold tax or file a composite return |
---|
6200 | | - | pursuant to IC 6-3-4-12 or IC 6-5.5-2-8, the term also includes the returns or schedules required for |
---|
6201 | | - | tax withholding or composite filing. |
---|
6202 | | - | (21) "Pass through entity" means an entity defined in IC 6-3-1-35, other than a partnership, that is |
---|
6203 | | - | not subject to tax under IC 6-3. |
---|
6204 | | - | (22) "Reallocation adjustment" means a federal adjustment resulting from a partnership level audit |
---|
6205 | | - | or an administrative adjustment request that changes the shares of one (1) or more items of |
---|
6206 | | - | partnership income, gain, loss, expense, or credit allocated to direct partners. A positive reallocation |
---|
6207 | | - | adjustment means the portion of a reallocation adjustment that would increase federal adjusted gross |
---|
6208 | | - | income or federal taxable income for one (1) or more direct partners, and a negative reallocation |
---|
6209 | | - | adjustment means the portion of a reallocation adjustment that would decrease federal adjusted gross |
---|
6210 | | - | income or federal taxable income for one (1) or more direct partners, according to Section 6225 of |
---|
6211 | | - | the Internal Revenue Code and the regulations under that section. |
---|
6212 | | - | (23) "Resident partner" means a partner that is not a nonresident partner. |
---|
6213 | | - | (24) "Review year" means the taxable year of a partnership that is subject to a partnership level |
---|
6214 | | - | audit, an administrative adjustment request, or an amended federal return that results in federal |
---|
6215 | | - | adjustments, regardless of whether any federal tax determined to be due is the responsibility of the |
---|
6216 | | - | partnership or partners. |
---|
6217 | | - | (25) "Statement" means a form or schedule prescribed by the department through which a |
---|
6218 | | - | partnership or pass through entity reports tax attributes to its owners or beneficiaries. |
---|
6219 | | - | (26) "Tax attribute" means any item of income, deduction, credit, receipts for apportionment, or |
---|
6220 | | - | other amount or status that determines a partner's liability under IC 6-3, IC 6-3.6, or IC 6-5.5. |
---|
6221 | | - | (27) "Taxable year" means, in the case of a partnership, the year or partial year for which a |
---|
6222 | | - | partnership files a return for state and federal purposes and, in the case of a partner, the taxable year |
---|
6223 | | - | in which the partner reports tax attributes from the partnership. |
---|
6224 | | - | (28) "Taxpayer" has the meaning set forth in IC 6-3-1-15 (in the case of the adjusted gross income |
---|
6225 | | - | tax) and IC 6-5.5-1-17 (in the case of the financial institutions tax) and, unless the context clearly |
---|
6226 | | - | indicates otherwise, includes a partnership subject to a partnership level audit or a partnership that |
---|
6227 | | - | has made an administrative adjustment request, as well as a tiered partner of that partnership. |
---|
6228 | | - | (29) "Tiered partner" means any partner that is a partnership or pass through entity. |
---|
6229 | | - | (30) "Unrelated business taxable income" has the meaning set forth in Section 512 of the Internal |
---|
6230 | | - | Revenue Code. |
---|
6231 | | - | SECTION 98. IC 6-3-4.5-9, AS AMENDED BY P.L.178-2022(TS), SECTION 8, IS AMENDED TO |
---|
6232 | | - | READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 9. (a) Partnerships and partners shall |
---|
6233 | | - | report final federal adjustments arising from a partnership level audit or an administrative adjustment |
---|
6234 | | - | request and make payments as required under this section. |
---|
6235 | | - | (b) Final federal adjustments subject to the requirements of this section, except those subject to a |
---|
6236 | | - | properly made election under subsection (c), shall be reported as follows: |
---|
6237 | | - | (1) Not later than the applicable deadline, the partnership shall: |
---|
6238 | | - | (A) file an amended partnership return for the review year and any other taxable year affected |
---|
6239 | | - | by the final federal adjustments with the department as provided in section 8 of this chapter and |
---|
6240 | | - | provide any other information required by the department; |
---|
6241 | | - | (B) notify each of its direct partners of their distributive share of the final federal adjustments as |
---|
6242 | | - | HEA 1001 — CC 1 |
---|
6243 | | - | 146 provided in section 8 of this chapter for all affected taxable years for which the partnership filed |
---|
6244 | | - | an amended partnership return by an amended statement or a report in the form and manner |
---|
6245 | | - | prescribed by the department; and |
---|
6246 | | - | (C) file an amended composite return for direct partners and an amended withholding return for |
---|
6247 | | - | direct partners for the review year and any affected taxable years as otherwise required by |
---|
6248 | | - | IC 6-3-4-12 or IC 6-5.5-2-8 and pay any tax due for the taxable years. |
---|
6249 | | - | (2) Each direct partner that is subject to tax under IC 6-3, IC 6-3.6, or IC 6-5.5 shall, on or before |
---|
6250 | | - | the applicable deadline: |
---|
6251 | | - | (A) file an amended return as provided in section 8 of this chapter reporting their distributive |
---|
6252 | | - | share of the adjustments reported to them under subdivision (1)(B) for the taxable year in which |
---|
6253 | | - | affected taxable year attributes would be reported by the direct partner as provided in section 8 |
---|
6254 | | - | of this chapter; and |
---|
6255 | | - | (B) pay any additional amount of tax due as if final federal partnership adjustments had been |
---|
6256 | | - | properly reported, less any credit for related amounts paid or withheld and remitted on behalf of |
---|
6257 | | - | the direct partner. |
---|
6258 | | - | (3) Each tiered partner shall treat any final federal partnership adjustments under this section in a |
---|
6259 | | - | manner consistent with the treatment of tiered partners under section 8 of this chapter. |
---|
6260 | | - | (c) Except as provided in subsection (d), an audited partnership making an election under this |
---|
6261 | | - | subsection shall: |
---|
6262 | | - | (1) not later than the applicable deadline, file an amended partnership return for the review year and |
---|
6263 | | - | for any other affected taxable year elected by the audited partnership, including information as |
---|
6264 | | - | required by the department, and notify the department that it is making the election under this |
---|
6265 | | - | subsection; and |
---|
6266 | | - | (2) not later than ninety (90) days after the applicable deadline, pay an amount, determined as |
---|
6267 | | - | follows, in lieu of taxes owed by its direct or indirect partners: |
---|
6268 | | - | (A) Exclude from final federal adjustments the distributive share of these adjustments reported |
---|
6269 | | - | to a direct exempt partner that is not unrelated business income. |
---|
6270 | | - | (B) For the total distributive shares of the remaining final federal adjustments reported to direct |
---|
6271 | | - | corporate partners and to direct exempt partners, apportion and allocate such adjustments as |
---|
6272 | | - | provided under IC 6-3-2-2 or IC 6-3-2-2.2 (in the case of the adjusted gross income tax) or |
---|
6273 | | - | IC 6-5.5-4 (in the case of the financial institutions tax), and multiply the resulting amount by the |
---|
6274 | | - | tax rate for the taxable year under IC 6-3-2-1(c), IC 6-3-2-1(b), IC 6-3-2-1.5, or IC 6-5.5-2-1, as |
---|
6275 | | - | applicable. |
---|
6276 | | - | (C) For the total distributive shares of the remaining final federal adjustments reported to |
---|
6277 | | - | nonresident direct partners other than tiered partners or corporate partners, determine the amount |
---|
6278 | | - | of such adjustments which is Indiana source income under IC 6-3-2-2 or IC 6-3-2-2.2, and |
---|
6279 | | - | multiply the resulting amount by the tax rate under IC 6-3-2-1(b), IC 6-3-2-1(a), and if applicable |
---|
6280 | | - | IC 6-3.6. If a partnership is unable to determine whether a nonresident is subject to tax under |
---|
6281 | | - | IC 6-3.6, or to determine in what county the nonresident is subject to tax under IC 6-3.6, tax shall |
---|
6282 | | - | also be imposed at the highest rate for which a county imposes a tax under IC 6-3.6 for the |
---|
6283 | | - | taxable year. |
---|
6284 | | - | (D) For the total distributive shares of the remaining final federal adjustments reported to tiered |
---|
6285 | | - | partners: |
---|
6286 | | - | (i) determine the amount of any adjustment that is of a type that it would be subject to sourcing |
---|
6287 | | - | HEA 1001 — CC 1 |
---|
6288 | | - | 147 in Indiana under IC 6-3-2-2, IC 6-3-2-2.2, or IC 6-5.5-4, as applicable, and determine the |
---|
6289 | | - | portion of this amount that would be sourced to Indiana; |
---|
6290 | | - | (ii) determine the amount of any adjustment that is of a type that it would not be subject to |
---|
6291 | | - | sourcing to Indiana by a nonresident partner under IC 6-3-2-2, IC 6-3-2-2.2, or IC 6-5.5-4, as |
---|
6292 | | - | applicable; |
---|
6293 | | - | (iii) determine the portion of the amount determined under item (ii) that can be established, as |
---|
6294 | | - | prescribed by the department by rule under IC 4-22-2, to be properly allocable to nonresident |
---|
6295 | | - | indirect partners or other partners not subject to tax on the adjustments; and |
---|
6296 | | - | (iv) multiply the sum of the amounts determined in items (i) and (ii) reduced by the amount |
---|
6297 | | - | determined in item (iii) by the highest combined rate for the taxable year under IC 6-3-2-1(b) |
---|
6298 | | - | IC 6-3-2-1(a) and IC 6-3.6 for any county, the rate under IC 6-3-2-1(c), IC 6-3-2-1(b), or the |
---|
6299 | | - | rate under 6-5.5-2-1 for the taxable year, whichever is highest. |
---|
6300 | | - | (E) For the total distributive shares of the remaining final federal adjustments reported to resident |
---|
6301 | | - | individual, estate, or trust direct partners, multiply that amount by the tax rate under |
---|
6302 | | - | IC 6-3-2-1(b) IC 6-3-2-1(a) and IC 6-3.6. If a partnership does not reasonably ascertain the |
---|
6303 | | - | county of residence for an individual direct partner, the rate under IC 6-3.6 for that partner shall |
---|
6304 | | - | be treated as the highest rate imposed in any county under IC 6-3.6 for the taxable year. |
---|
6305 | | - | (F) Add an amount equal to any credit reduction under IC 6-3-3, IC 6-3.1, and IC 6-5.5 |
---|
6306 | | - | attributable as a result of final federal adjustments. |
---|
6307 | | - | (G) Add the amounts determined in clauses (B), (C), (D)(iv), (E), and (F). For purposes of |
---|
6308 | | - | determining interest and penalties, the due date of payment shall be the due date of the |
---|
6309 | | - | partnership's return under IC 6-3-4-10 for the taxable year, determined without regard to any |
---|
6310 | | - | extensions. |
---|
6311 | | - | (d) Final federal adjustments subject to an election under subsection (c) shall not include: |
---|
6312 | | - | (1) the distributive share of final federal adjustments that would constitute income derived from a |
---|
6313 | | - | partnership to any direct or indirect partner that is a corporation taxable under IC 6-3-2-1(c), |
---|
6314 | | - | IC 6-3-2-1(b), IC 6-3-2-1.5, or IC 6-5.5-2-1 and is considered unitary to the partnership; |
---|
6315 | | - | (2) any final federal adjustments resulting from an administrative adjustment request; or |
---|
6316 | | - | (3) any other circumstances that the department determines would result in avoidance or evasion of |
---|
6317 | | - | any tax otherwise due from one (1) or more partners under IC 6-3 or IC 6-5.5. |
---|
6318 | | - | (e) Notwithstanding IC 6-3-4-11, an audited partnership not otherwise subject to any reporting or |
---|
6319 | | - | payment obligations to Indiana that makes an election under subsection (c) consents to be subject to |
---|
6320 | | - | Indiana law related to reporting, assessment, payment, and collection of Indiana tax calculated under the |
---|
6321 | | - | election. |
---|
6322 | | - | SECTION 99. IC 6-3-4.5-18, AS AMENDED BY P.L.178-2022(ts), SECTION 9, IS AMENDED TO |
---|
6323 | | - | READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 18. (a) If a partnership or tiered partner |
---|
6324 | | - | is required to issue a report, issue an amended statement, or issue other information to a partner, owner, |
---|
6325 | | - | or beneficiary under this chapter, and does not issue such report, statement, or information within the |
---|
6326 | | - | period such issuance is required under this chapter, the partnership or tiered partner shall be liable for any |
---|
6327 | | - | tax that otherwise may be due from the partner, owner, or beneficiary, notwithstanding any other |
---|
6328 | | - | provision in IC 6-3 or IC 6-5.5. The tax rate under this section shall be computed at the highest rate for |
---|
6329 | | - | the taxable year under: |
---|
6330 | | - | (1) IC 6-3-2-1(b), IC 6-3-2-1(a), plus the highest rate imposed in any county under IC 6-3.6; |
---|
6331 | | - | (2) IC 6-3-2-1(c); IC 6-3-2-1(b); or |
---|
6332 | | - | HEA 1001 — CC 1 |
---|
6333 | | - | 148 (3) IC 6-5.5-2-1; |
---|
6334 | | - | unless the partnership or tiered partner can establish that a lower rate should apply, the partnership or |
---|
6335 | | - | tiered partner has made an election to be subject to tax under sections 6, 8, or 9 of this chapter, or to the |
---|
6336 | | - | extent the partnership, tiered partner, or the department can determine that the tax was otherwise properly |
---|
6337 | | - | reported and remitted. Such tax shall be considered to be due on the due date of the partnership's or tiered |
---|
6338 | | - | partner's return for the taxable year, determined without regard to extensions. |
---|
6339 | | - | (b) If a partnership or tiered partner issues the report, amended statement, or other information: |
---|
6340 | | - | (1) to an address that the partnership or tiered partner knows or reasonably should know is incorrect; |
---|
6341 | | - | or |
---|
6342 | | - | (2) if the report, amended statement, or other information not described in subdivision (1) is returned |
---|
6343 | | - | and the partnership or tiered partner: |
---|
6344 | | - | (A) fails to take reasonable steps to determine a proper address for reissuance within thirty (30) |
---|
6345 | | - | days after the report, amended statement, or other information is returned; or |
---|
6346 | | - | (B) takes such steps and fails to reissue the report, amended statement, or other information to |
---|
6347 | | - | a proper address within thirty (30) days after the report, amended statement, or other information |
---|
6348 | | - | is returned; |
---|
6349 | | - | such report, amended statement, or other information shall be considered to have not been issued for |
---|
6350 | | - | purposes of this section. |
---|
6351 | | - | (c) The department may issue a proposed assessment under this section not later than three (3) years |
---|
6352 | | - | after the department receives a return or amended return from the partnership or tiered partner for which |
---|
6353 | | - | the partnership or tiered partner fails to issue reports, amended statements, or other information, or from |
---|
6354 | | - | the date a partnership is required to issue partner level adjustments reports to its partners. |
---|
6355 | | - | (d) If: |
---|
6356 | | - | (1) a direct or indirect partner files and remits the tax otherwise due under this section, the |
---|
6357 | | - | assessment to the partnership or tiered partner under this section shall be reduced by the portion of |
---|
6358 | | - | the tax attributable to the direct or indirect partner; and |
---|
6359 | | - | (2) a partnership or tiered partner files and remits the tax under this section, such tax shall be treated |
---|
6360 | | - | as payment of tax to the direct or indirect partners. However, in no event shall the direct or indirect |
---|
6361 | | - | partners be permitted a refund of tax paid by a partnership or tiered partner under this section unless |
---|
6362 | | - | otherwise permitted under this chapter or IC 6-8.1-9-1. |
---|
6363 | | - | (e) Nothing in this section shall be construed to relieve a partnership or tiered partner from any duty |
---|
6364 | | - | to issue a report, amended statement, or other information otherwise required under this chapter or under |
---|
6365 | | - | any other provision of IC 6-3 or IC 6-5.5. If a partnership or tiered partner issues a report, amended |
---|
6366 | | - | statement, or other information provided under this chapter after the date otherwise required for issuance, |
---|
6367 | | - | the department may grant relief to any tiered partner, direct partner, or indirect partner affected by the late |
---|
6368 | | - | issuance, including extension of applicable deadlines. |
---|
6369 | | - | SECTION 100. IC 6-3.1-21-6, AS AMENDED BY P.L.168-2021, SECTION 1, IS AMENDED TO |
---|
6370 | | - | READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2023 (RETROACTIVE)]: Sec. 6. (a) Except as |
---|
6371 | | - | provided by subsections (b), (d), and (e), an individual who is eligible for an earned income tax credit |
---|
6372 | | - | under Section 32 of the Internal Revenue Code as it existed in effect on January 1, 2023, is before being |
---|
6373 | | - | amended by the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 |
---|
6374 | | - | (P.L. 111-312), is eligible for a credit under this chapter equal to ten percent (10%) of the amount of the |
---|
6375 | | - | federal earned income tax credit that the individual: |
---|
6376 | | - | (1) is eligible to receive in the taxable year; and |
---|
6377 | | - | HEA 1001 — CC 1 |
---|
6378 | | - | 149 (2) claimed for the taxable year; |
---|
6379 | | - | under Section 32 of the Internal Revenue Code as it existed before in effect on January 1, 2023. being |
---|
6380 | | - | amended by the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 |
---|
6381 | | - | (P.L. 111-312). |
---|
6382 | | - | (b) In the case of a nonresident taxpayer or a resident taxpayer residing in Indiana for a period of less |
---|
6383 | | - | than the taxpayer's entire taxable year, the amount of the credit is equal to the product of: |
---|
6384 | | - | (1) the amount determined under subsection (a); multiplied by |
---|
6385 | | - | (2) the quotient of the taxpayer's income taxable in Indiana divided by the taxpayer's total income. |
---|
6386 | | - | (c) If the credit amount exceeds the taxpayer's adjusted gross income tax liability for the taxable year, |
---|
6387 | | - | the excess shall be refunded to the taxpayer. |
---|
6388 | | - | (d) If a taxpayer properly elects to determine the taxpayer's earned income in accordance with the |
---|
6389 | | - | federal Bipartisan Budget Act of 2018 for purposes of the credit under Section 32 of the Internal Revenue |
---|
6390 | | - | Code for a taxable year beginning after December 31, 2016, the election shall be treated as being made |
---|
6391 | | - | for purposes of the credit under this chapter. |
---|
6392 | | - | (e) The minimum earned income amounts and phaseout threshold amounts for the credit under this |
---|
6393 | | - | section are subject to the same cost of living adjustments provided in the Internal Revenue Code. |
---|
6394 | | - | SECTION 101. IC 6-3.1-30.5-13, AS AMENDED BY P.L.165-2021, SECTION 90, IS AMENDED |
---|
6395 | | - | TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13. (a) The total amount of tax credits |
---|
6396 | | - | awarded under this chapter may not exceed nine million five hundred thousand dollars ($9,500,000) in |
---|
6397 | | - | the state fiscal year beginning July 1, 2016, and ending June 30, 2017. |
---|
6398 | | - | (b) The total amount of tax credits awarded under this chapter in a state fiscal year may not exceed the |
---|
6399 | | - | following: |
---|
6400 | | - | (1) Twelve million five hundred thousand dollars ($12,500,000) for the state fiscal year beginning |
---|
6401 | | - | July 1, 2017, and ending June 30, 2018. |
---|
6402 | | - | (2) Fourteen million dollars ($14,000,000) for the state fiscal year beginning July 1, 2018, and |
---|
6403 | | - | ending June 30, 2019. |
---|
6404 | | - | (3) Fifteen million dollars ($15,000,000) for the state fiscal year beginning July 1, 2019, and ending |
---|
6405 | | - | June 30, 2020. |
---|
6406 | | - | (4) Sixteen million five hundred thousand dollars ($16,500,000) for the state fiscal year |
---|
6407 | | - | (1) beginning July 1, 2020, and ending June 30, 2021. and |
---|
6408 | | - | (2) beginning after July 1, 2023, and each state fiscal year thereafter. |
---|
6409 | | - | (5) Seventeen million five hundred thousand dollars ($17,500,000) for the state fiscal year beginning |
---|
6410 | | - | July 1, 2021, and ending June 30, 2022. |
---|
6411 | | - | (6) Eighteen million five hundred thousand dollars ($18,500,000) for the state fiscal year beginning |
---|
6412 | | - | July 1, 2022, and ending June 30, 2023, and for each state fiscal year thereafter. |
---|
6413 | | - | SECTION 102. IC 6-3.1-34-18, AS AMENDED BY P.L.135-2022, SECTION 17, IS AMENDED TO |
---|
6414 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 18. (a) Except as provided in subsection (b), |
---|
6415 | | - | if the corporation awards a tax credit to a taxpayer under this chapter that exceeds twenty million dollars |
---|
6416 | | - | ($20,000,000), the corporation shall include in an agreement entered into under section 17 of this chapter |
---|
6417 | | - | a provision that requires the taxpayer to repay to the corporation the portion of the credit that exceeds |
---|
6418 | | - | twenty million dollars ($20,000,000) with interest. Notwithstanding the date on which a tax credit is |
---|
6419 | | - | awarded under this chapter, any repayment of any part of a credit awarded under this chapter shall |
---|
6420 | | - | be deposited in the state general fund. |
---|
6421 | | - | (b) Notwithstanding subsection (a), the corporation may exclude from its agreement entered into under |
---|
6422 | | - | HEA 1001 — CC 1 |
---|
6423 | | - | 150 section 17 of this chapter a repayment provision for any portion of the credit if the award is for a qualified |
---|
6424 | | - | redevelopment site subject to a proposal that will result in a qualified investment of at least one hundred |
---|
6425 | | - | million dollars ($100,000,000). |
---|
6426 | | - | (c) If the corporation enters into an agreement with a taxpayer under section 17 of this chapter that |
---|
6427 | | - | includes a repayment provision under subsection (a), the corporation shall include in the repayment |
---|
6428 | | - | provision a provision establishing the interest rate that will be applied. The interest rate shall be |
---|
6429 | | - | determined by the board and approved by the budget agency. |
---|
6430 | | - | (d) This subsection applies to an active multi-phased project occurring on a defined footprint for which |
---|
6431 | | - | the taxpayer has received approval for at least the first phase of the active multi-phased project from the |
---|
6432 | | - | corporation's board before July 1, 2018, for a tax credit under IC 6-3.1-11 (industrial recovery tax credit) |
---|
6433 | | - | before its expiration. The following apply to a project described in this subsection: |
---|
6434 | | - | (1) Only qualified investments that are made after June 30, 2021, are eligible for a credit award |
---|
6435 | | - | under this chapter. |
---|
6436 | | - | (2) The annual amount of credits awarded under this chapter for the project may not exceed five |
---|
6437 | | - | million dollars ($5,000,000). |
---|
6438 | | - | (3) The corporation may not include a repayment provision as part of an agreement entered into |
---|
6439 | | - | under section 17 of this chapter for the credits awarded for the project. |
---|
6440 | | - | (e) The part of any credit that is subject to a repayment provision under this section must be |
---|
6441 | | - | included in the calculation of the aggregate amount of applicable tax credits that the corporation |
---|
6442 | | - | may certify for a state fiscal year under IC 5-28-6-9. |
---|
6443 | | - | SECTION 103. IC 6-3.1-39.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO |
---|
6444 | | - | READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2024]: |
---|
6445 | | - | Chapter 39.5. Employer Child Care Expenditure Credits |
---|
6446 | | - | Sec. 1. As used in this chapter, "Indiana qualified child care facility" means a facility that is: |
---|
6447 | | - | (1) a qualified child care facility (as defined in Section 45F of the Internal Revenue Code); |
---|
6448 | | - | (2) located in Indiana; |
---|
6449 | | - | (3) licensed by the division of family resources under IC 12-17.2; and |
---|
6450 | | - | (4) operated: |
---|
6451 | | - | (A) by a taxpayer; |
---|
6452 | | - | (B) by a taxpayer jointly with one (1) or more other individuals or entities; or |
---|
6453 | | - | (C) under a contract described in Section 45F(c)(1)(A)(iii) of the Internal Revenue Code |
---|
6454 | | - | with the taxpayer. |
---|
6455 | | - | Sec. 2. As used in this chapter, "pass through entity" means: |
---|
6456 | | - | (1) a corporation that is exempt from the adjusted gross income tax under IC 6-3-2-2.8(2); |
---|
6457 | | - | (2) a partnership; |
---|
6458 | | - | (3) a trust; |
---|
6459 | | - | (4) an estate; |
---|
6460 | | - | (5) a limited liability company; or |
---|
6461 | | - | (6) a limited liability partnership. |
---|
6462 | | - | Sec. 3. As used in this chapter, "qualified child care expenditure" means an expenditure: |
---|
6463 | | - | (1) for the acquisition, construction, rehabilitation, or expansion of property used as part of |
---|
6464 | | - | an Indiana qualified child care facility of a taxpayer that is operated for the taxpayer's |
---|
6465 | | - | employees; |
---|
6466 | | - | (2) incurred under a contract between a taxpayer and an Indiana qualified child care facility |
---|
6467 | | - | HEA 1001 — CC 1 |
---|
6468 | | - | 151 to provide for the acquisition, construction, rehabilitation, or expansion of property used as |
---|
6469 | | - | part of the Indiana qualified child care facility; or |
---|
6470 | | - | (3) for purposes of complying with the qualified child care facility licensure requirements |
---|
6471 | | - | under IC 12-17.2, as part of the taxpayer acquiring or constructing an Indiana qualified child |
---|
6472 | | - | care facility. |
---|
6473 | | - | Sec. 4. As used in this chapter, "qualified expenditure" means a qualified child care expenditure. |
---|
6474 | | - | Sec. 5. As used in this chapter, "recapture event" means: |
---|
6475 | | - | (1) the cessation of the operation of the Indiana qualified child care facility as an Indiana |
---|
6476 | | - | qualified child care facility; |
---|
6477 | | - | (2) subject to section 12(c) of this chapter, a change in ownership of an Indiana qualified child |
---|
6478 | | - | care facility for which a credit was allowed under this chapter, unless the person acquiring an |
---|
6479 | | - | interest agrees to assume the recapture liability of the person disposing of an interest; or |
---|
6480 | | - | (3) the use of an Indiana qualified child care facility for the enrollment of a child from any |
---|
6481 | | - | individual who is not an employee of the taxpayer. |
---|
6482 | | - | The term does not include a cessation of operation or change in ownership due to accident or |
---|
6483 | | - | casualty. |
---|
6484 | | - | Sec. 6. As used in this chapter, "state tax liability" means the taxpayer's total tax liability that |
---|
6485 | | - | is incurred under: |
---|
6486 | | - | (1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax); |
---|
6487 | | - | (2) IC 27-1-18-2 (the insurance premiums tax) or IC 6-8-15 (the nonprofit agricultural |
---|
6488 | | - | organization health coverage tax); and |
---|
6489 | | - | (3) IC 6-5.5 (the financial institutions tax); |
---|
6490 | | - | as computed after the application of the credits that, under IC 6-3.1-1-2, are to be applied before |
---|
6491 | | - | the credit provided by this chapter. |
---|
6492 | | - | Sec. 7. As used in this chapter, "taxpayer" means any person, corporation, limited liability |
---|
6493 | | - | company, partnership, or other entity that has any state tax liability and employs one hundred (100) |
---|
6494 | | - | individuals or less. The term includes a pass through entity. However, the term does not include a |
---|
6495 | | - | taxpayer who is in the business of operating a child care facility prior to making qualified |
---|
6496 | | - | expenditures. |
---|
6497 | | - | Sec. 8. (a) A taxpayer that makes a qualified expenditure in a taxable year is entitled to a credit |
---|
6498 | | - | against the taxpayer's state tax liability for the taxable year. |
---|
6499 | | - | (b) Subject to section 9 of this chapter, the maximum amount of the credit to which a taxpayer |
---|
6500 | | - | is entitled in a particular taxable year is equal to the lesser of: |
---|
6501 | | - | (1) fifty percent (50%) of the employer's qualified expenditures in the taxable year; or |
---|
6502 | | - | (2) one hundred thousand dollars ($100,000). |
---|
6503 | | - | Sec. 9. If a pass through entity is entitled to a credit under this chapter but does not have state |
---|
6504 | | - | tax liability against which the tax credit may be applied, an individual who is a shareholder, |
---|
6505 | | - | partner, beneficiary, or member of the pass through entity is entitled to a tax credit equal to: |
---|
6506 | | - | (1) the tax credit determined for the pass through entity for the taxable year; multiplied by |
---|
6507 | | - | (2) the percentage of the pass through entity's distributive income to which the shareholder, |
---|
6508 | | - | partner, beneficiary, or member is entitled. |
---|
6509 | | - | The credit provided under this section is in addition to a tax credit to which a shareholder, partner, |
---|
6510 | | - | beneficiary, or member of a pass through entity is entitled. However, a pass through entity and an |
---|
6511 | | - | individual who is a shareholder, partner, beneficiary, or member of a pass through entity may not |
---|
6512 | | - | HEA 1001 — CC 1 |
---|
6513 | | - | 152 claim more than one (1) credit. |
---|
6514 | | - | Sec. 10. (a) If the amount of the credit determined under section 8(b) of this chapter for a |
---|
6515 | | - | taxpayer in a taxable year exceeds the taxpayer's state tax liability for that taxable year, the |
---|
6516 | | - | taxpayer may carry the excess credit over for a period not to exceed the eligible taxpayer's |
---|
6517 | | - | following three (3) taxable years. The amount of the credit carryover from a taxable year shall be |
---|
6518 | | - | reduced to the extent that the carryover is used by the taxpayer to obtain a credit under this |
---|
6519 | | - | chapter for any subsequent taxable year. A taxpayer is not entitled to a carryback or a refund of |
---|
6520 | | - | any unused credit amount. |
---|
6521 | | - | (b) A taxpayer may not assign any part of a credit to which the taxpayer is entitled under this |
---|
6522 | | - | chapter. |
---|
6523 | | - | Sec. 11. To obtain a credit under this chapter, a taxpayer must claim the credit on the taxpayer's |
---|
6524 | | - | annual state tax return in the manner prescribed by the department. The taxpayer shall submit to |
---|
6525 | | - | the department all information that the department determines is necessary to calculate the credit |
---|
6526 | | - | provided by this chapter. |
---|
6527 | | - | Sec. 12. (a) If a recapture event occurs with respect to an Indiana qualified child care facility |
---|
6528 | | - | within five (5) years after the end of the taxable year in which a credit was allowed, the taxpayer |
---|
6529 | | - | is responsible for payment to the department of a recapture amount. The recapture amount is equal |
---|
6530 | | - | to the following: |
---|
6531 | | - | (1) One hundred percent (100%) of the credit after the end of the first taxable year in which |
---|
6532 | | - | the credit was allowed. |
---|
6533 | | - | (2) Eighty percent (80%) of the credit after the end of the second taxable year in which the |
---|
6534 | | - | credit was allowed. |
---|
6535 | | - | (3) Sixty percent (60%) of the credit after the end of the third taxable year in which the credit |
---|
6536 | | - | was allowed. |
---|
6537 | | - | (4) Forty percent (40%) of the credit after the end of the fourth taxable year in which the |
---|
6538 | | - | credit was allowed. |
---|
6539 | | - | (5) Twenty percent (20%) of the credit after the end of the fifth taxable year in which the |
---|
6540 | | - | credit was allowed. |
---|
6541 | | - | (b) Any recapture tax liability must be reported by the taxpayer on the taxpayer's annual state |
---|
6542 | | - | income tax return for the taxable year during which the use was converted. |
---|
6543 | | - | (c) A recapture event is not considered to have occurred as a result of a change in ownership of |
---|
6544 | | - | an Indiana qualified child care facility for which a credit was allowed under this chapter if, before |
---|
6545 | | - | the change in ownership transaction is completed, the person acquiring an interest in the facility |
---|
6546 | | - | agrees in writing to assume the liability of the taxpayer for any recapture amount that becomes |
---|
6547 | | - | owed. In the event of such an assumption, the person acquiring the interest in the facility shall be |
---|
6548 | | - | treated as the taxpayer for purposes of assessing any recapture liability that becomes owed due to |
---|
6549 | | - | a subsequent recapture event, computed as if there had been no change in ownership, and is |
---|
6550 | | - | responsible for payment to the department of the recapture amount. |
---|
6551 | | - | Sec. 13. A taxpayer that claims a credit under this chapter is not liable for any act or omission |
---|
6552 | | - | occurring at an Indiana qualified child care facility that contracts with the taxpayer to provide |
---|
6553 | | - | child care services to employees of the taxpayer if the Indiana qualified child care facility is not |
---|
6554 | | - | owned or operated by the taxpayer. |
---|
6555 | | - | Sec. 14. (a) The maximum aggregate amount of tax credits allowed under this chapter may not |
---|
6556 | | - | exceed two million five hundred thousand dollars ($2,500,000) in each state fiscal year. |
---|
6557 | | - | HEA 1001 — CC 1 |
---|
6558 | | - | 153 (b) The department shall record the time of filing of each return claiming a tax credit under this |
---|
6559 | | - | chapter and shall approve the tax credits, if they otherwise qualify for a tax credit under this |
---|
6560 | | - | chapter, in the chronological order in which the returns are filed in the state fiscal year. |
---|
6561 | | - | Sec. 15. This chapter expires July 1, 2025. |
---|
6562 | | - | SECTION 104. IC 6-3.1-40.9 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO |
---|
6563 | | - | READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2024]: |
---|
6564 | | - | Chapter 40.9. Attainable Homeownership Tax Credit |
---|
6565 | | - | Sec. 1. As used in this chapter, "affordable housing organization" refers to an organization that: |
---|
6566 | | - | (1) is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue |
---|
6567 | | - | Code; and |
---|
6568 | | - | (2) uses volunteers to build, renovate, and develop homeownership units for individuals whose |
---|
6569 | | - | income is at least thirty percent (30%) and not more than eighty percent (80%) of the area |
---|
6570 | | - | median income. |
---|
6571 | | - | Sec. 2. As used in this chapter, "corporation" means the Indiana economic development |
---|
6572 | | - | corporation established by IC 5-28-3-1. |
---|
6573 | | - | Sec. 3. As used in this chapter, "credit" refers to a credit granted under this chapter. |
---|
6574 | | - | Sec. 4. As used in this chapter, "pass through entity" has the meaning set forth in IC 6-3-1-35. |
---|
6575 | | - | Sec. 5. As used in this chapter, "state tax liability" means a taxpayer's total tax liability that is |
---|
6576 | | - | incurred under: |
---|
6577 | | - | (1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax); and |
---|
6578 | | - | (2) IC 6-5.5 (the financial institutions tax); |
---|
6579 | | - | as computed after the application of the credits that under IC 6-3.1-1-2 are to be applied before the |
---|
6580 | | - | credit provided by this chapter. |
---|
6581 | | - | Sec. 6. As used in this chapter, "taxpayer" means an individual or entity that has any state tax |
---|
6582 | | - | liability. |
---|
6583 | | - | Sec. 7. A taxpayer that makes a contribution to an affordable housing organization that is |
---|
6584 | | - | approved under section 11 of this chapter is entitled to a credit against the taxpayer's state tax |
---|
6585 | | - | liability in the taxable year in which the taxpayer makes the contribution. |
---|
6586 | | - | Sec. 8. The amount of a taxpayer's credit is equal to fifty percent (50%) of the amount of the |
---|
6587 | | - | contribution that is not more than twenty thousand dollars ($20,000) made to the affordable |
---|
6588 | | - | housing organization. |
---|
6589 | | - | Sec. 9. (a) If the credit provided by this chapter exceeds the taxpayer's state tax liability for the |
---|
6590 | | - | taxable year for which the credit is first claimed, the excess may be carried forward to succeeding |
---|
6591 | | - | taxable years and used as a credit against the taxpayer's state tax liability during those taxable |
---|
6592 | | - | years. Each time the credit is carried forward to a succeeding taxable year, the credit is reduced |
---|
6593 | | - | by the amount that was used as a credit during the immediately preceding taxable year. The credit |
---|
6594 | | - | provided by this chapter may be carried forward and applied to succeeding taxable years for five |
---|
6595 | | - | (5) taxable years following the unused credit year. |
---|
6596 | | - | (b) A taxpayer is not entitled to a carryback or refund of any unused credit. |
---|
6597 | | - | Sec. 10. If a pass through entity is entitled to a credit under section 7 of this chapter but does not |
---|
6598 | | - | have state tax liability against which the tax credit may be applied, a shareholder, partner, or |
---|
6599 | | - | member of the pass through entity is entitled to a tax credit equal to: |
---|
6600 | | - | (1) the tax credit determined for the pass through entity for the taxable year; multiplied by |
---|
6601 | | - | (2) the percentage of the pass through entity's distributive income to which the shareholder, |
---|
6602 | | - | HEA 1001 — CC 1 |
---|
6603 | | - | 154 partner, or member is entitled. |
---|
6604 | | - | Sec. 11. An affordable housing organization must apply to the corporation for approval as an |
---|
6605 | | - | affordable housing organization for purposes of this chapter. The corporation shall approve each |
---|
6606 | | - | applicant that is an affordable housing organization and provide a list of each approved affordable |
---|
6607 | | - | housing organization annually to the department before July 1 of each year. |
---|
6608 | | - | Sec. 12. To apply a credit against the taxpayer's state tax liability, a taxpayer must claim the |
---|
6609 | | - | credit on the taxpayer's annual state tax return or returns in the manner prescribed by the |
---|
6610 | | - | department. The taxpayer shall submit to the department the information that the department |
---|
6611 | | - | determines is necessary for the department to determine whether the taxpayer is eligible for the |
---|
6612 | | - | credit. |
---|
6613 | | - | Sec. 13. (a) The total amount of tax credits awarded under this chapter may not exceed four |
---|
6614 | | - | million dollars ($4,000,000) in each state fiscal year. However, any amounts carried forward under |
---|
6615 | | - | section 9(a) of this chapter shall first be deducted from the total amount of tax credits that may be |
---|
6616 | | - | awarded for the succeeding state fiscal year. |
---|
6617 | | - | (b) The department shall record the time of filing of each claim for a credit under this chapter |
---|
6618 | | - | and shall approve the credits, if they otherwise qualify, in the chronological order in which the |
---|
6619 | | - | claims for the credit are filed in the state fiscal year. |
---|
6620 | | - | Sec. 14. The department, on a website used by the department to provide information to the |
---|
6621 | | - | public, shall provide the following information: |
---|
6622 | | - | (1) The application for the credit provided in this chapter. |
---|
6623 | | - | (2) A timeline for receiving the credit provided in this chapter. |
---|
6624 | | - | (3) The total amount of credits awarded under this chapter during the current state fiscal year. |
---|
6625 | | - | Sec. 15. The department may adopt rules under IC 4-22-2 to implement this chapter. |
---|
6626 | | - | Sec. 16. This chapter expires January 1, 2030. |
---|
6627 | | - | SECTION 105. IC 6-3.6-5-5, AS AMENDED BY P.L.197-2016, SECTION 46, IS AMENDED TO |
---|
6628 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. The auditor of state department of local |
---|
6629 | | - | government finance shall assist adopting bodies and county auditors in calculating credit percentages |
---|
6630 | | - | and amounts under this article. |
---|
6631 | | - | SECTION 106. IC 6-6-1.1-201, AS AMENDED BY P.L.159-2021, SECTION 30, IS AMENDED TO |
---|
6632 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 201. (a) A license tax is imposed on the use |
---|
6633 | | - | of all gasoline used in Indiana at the applicable rate specified in subsection (b), except as otherwise |
---|
6634 | | - | provided by this chapter. The distributor shall initially pay the tax on the billed gallonage of all gasoline |
---|
6635 | | - | the distributor receives in this state, less any deductions authorized by this chapter. The distributor shall |
---|
6636 | | - | then add the per gallon amount of tax to the selling price of each gallon of gasoline sold in this state and |
---|
6637 | | - | collected from the purchaser so that the ultimate consumer bears the burden of the tax. |
---|
6638 | | - | (b) The license tax described in subsection (a) is imposed at the following applicable rate per gallon: |
---|
6639 | | - | (1) Before July 1, 2017, eighteen cents ($0.18). |
---|
6640 | | - | (2) For July 1, 2017, through June 30, 2018, the lesser of: |
---|
6641 | | - | (A) the rate resulting from using the factors determined under IC 6-6-1.6-2; or |
---|
6642 | | - | (B) twenty-eight cents ($0.28). |
---|
6643 | | - | (3) Beginning July 1, 2018, and each July 1 through July 1, 2024, 2027, the department shall |
---|
6644 | | - | determine an applicable rate equal to the product of: |
---|
6645 | | - | (A) the rate in effect on June 30; multiplied by |
---|
6646 | | - | (B) the factor determined under IC 6-6-1.6-3. |
---|
6647 | | - | HEA 1001 — CC 1 |
---|
6648 | | - | 155 The rate shall be rounded to the nearest cent ($0.01). After June 30, 2018, the new applicable rate may |
---|
6649 | | - | not exceed the rate in effect on June 30 plus one cent ($0.01). However, the new rate may not be less than |
---|
6650 | | - | the rate in effect on June 30. If the calculation of a new rate would produce a rate that is less than the rate |
---|
6651 | | - | in effect on June 30, the new rate shall be the rate in effect on June 30. The department shall publish the |
---|
6652 | | - | rate that will take effect on July 1 on the department's Internet web site website not later than June 1. |
---|
6653 | | - | SECTION 107. IC 6-6-1.6-3, AS AMENDED BY P.L.159-2021, SECTION 31, IS AMENDED TO |
---|
6654 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) The department shall calculate an annual |
---|
6655 | | - | index factor to be used for the rate to take effect each July 1 beginning in 2018 through July 1, 2024. |
---|
6656 | | - | 2027. The department shall determine the index factor before June 1 of each year using the method |
---|
6657 | | - | described in subsection (b). |
---|
6658 | | - | (b) The annual gasoline tax index factor and special fuel index factor equals the following: |
---|
6659 | | - | STEP ONE: Divide the annual CPI-U for the year preceding the determination year by the annual |
---|
6660 | | - | CPI-U for the year immediately preceding that year. |
---|
6661 | | - | STEP TWO: Divide the annual IPI for the year preceding the determination year by the annual IPI |
---|
6662 | | - | for the year immediately preceding that year. |
---|
6663 | | - | STEP THREE: Add: |
---|
6664 | | - | (A) the STEP ONE result; and |
---|
6665 | | - | (B) the STEP TWO result. |
---|
6666 | | - | STEP FOUR: Divide the STEP THREE result by two (2). |
---|
6667 | | - | (c) If the CPI-U or IPI for a preceding year is revised, corrected, or updated after May 31 of that year, |
---|
6668 | | - | the department shall use the CPI-U or IPI as published for the preceding year prior to revision. |
---|
6669 | | - | SECTION 108. IC 6-6-2.5-28, AS AMENDED BY P.L.159-2021, SECTION 32, IS AMENDED TO |
---|
6670 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 28. (a) A license tax is imposed on all special |
---|
6671 | | - | fuel sold or used in producing or generating power for propelling motor vehicles, except fuel used under |
---|
6672 | | - | section 30(a)(8) or 30.5 of this chapter, at the applicable rate specified in subsection (b). The tax shall be |
---|
6673 | | - | paid at those times, in the manner, and by those persons specified in this section and section 35 of this |
---|
6674 | | - | chapter. |
---|
6675 | | - | (b) The license tax described in subsection (a) is imposed at the following applicable rate per special |
---|
6676 | | - | fuel gallon: |
---|
6677 | | - | (1) Before July 1, 2017, sixteen cents ($0.16). |
---|
6678 | | - | (2) For July 1, 2017, through June 30, 2018, the lesser of: |
---|
6679 | | - | (A) the rate resulting from using the factors determined under IC 6-6-1.6-2; or |
---|
6680 | | - | (B) twenty-six cents ($0.26). |
---|
6681 | | - | (3) For July 1, 2018, through June 30, 2019, the product of: |
---|
6682 | | - | (A) the sum of: |
---|
6683 | | - | (i) the rate in effect on June 30; and |
---|
6684 | | - | (ii) twenty-one cents ($0.21); multiplied by |
---|
6685 | | - | (B) the factor determined under IC 6-6-1.6-3. |
---|
6686 | | - | (4) Beginning July 1, 2019, and each July 1 through July 1, 2024, 2027, the department shall |
---|
6687 | | - | determine an applicable rate equal to the product of: |
---|
6688 | | - | (A) the rate in effect on June 30; multiplied by |
---|
6689 | | - | (B) the factor determined under IC 6-6-1.6-3. |
---|
6690 | | - | The rate shall be rounded to the nearest cent ($0.01). However, after June 30, 2018, and before July 1, |
---|
6691 | | - | 2019, the new applicable rate may not exceed the rate in effect on June 30 plus twenty-three cents ($0.23). |
---|
6692 | | - | HEA 1001 — CC 1 |
---|
6693 | | - | 156 After June 30, 2019, the new applicable rate may not exceed the rate in effect on June 30 plus two cents |
---|
6694 | | - | ($0.02). However, the new rate may not be less than the rate in effect on June 30. If the calculation of a |
---|
6695 | | - | new rate would produce a rate that is less than the rate in effect on June 30, the new rate shall be the rate |
---|
6696 | | - | in effect on June 30. The department shall publish the rate that will take effect on July 1 on the |
---|
6697 | | - | department's Internet web site website not later than June 1. |
---|
6698 | | - | (c) The department shall consider it a rebuttable presumption that all undyed or unmarked special fuel, |
---|
6699 | | - | or both, received in Indiana is to be sold for use in propelling motor vehicles. |
---|
6700 | | - | (d) Except as provided in subsection (e), the tax imposed on special fuel by subsection (a) shall be |
---|
6701 | | - | measured by invoiced gallons (or diesel or gasoline gallon equivalents in the case of a special fuel |
---|
6702 | | - | described in section 22.5(2) or 22.5(3) of this chapter) of nonexempt special fuel received by a licensed |
---|
6703 | | - | supplier in Indiana for sale or resale in Indiana or with respect to special fuel subject to a tax precollection |
---|
6704 | | - | agreement under section 35(j) of this chapter, such special fuel removed by a licensed supplier from a |
---|
6705 | | - | terminal outside of Indiana for sale for export or for export to Indiana and in any case shall generally be |
---|
6706 | | - | determined in the same manner as the tax imposed by Section 4081 of the Internal Revenue Code and |
---|
6707 | | - | Code of Federal Regulations. |
---|
6708 | | - | (e) The tax imposed by subsection (a) on special fuel imported into Indiana, other than into a terminal, |
---|
6709 | | - | is imposed at the time the product is entered into Indiana and shall be measured by invoiced gallons |
---|
6710 | | - | received at a terminal or at a bulk plant. |
---|
6711 | | - | (f) In computing the tax, all special fuel in process of transfer from tank steamers at boat terminal |
---|
6712 | | - | transfers and held in storage pending wholesale bulk distribution by land transportation, or in tanks and |
---|
6713 | | - | equipment used in receiving and storing special fuel from interstate pipelines pending wholesale bulk |
---|
6714 | | - | reshipment, shall not be subject to tax. |
---|
6715 | | - | (g) The department shall consider it a rebuttable presumption that special fuel consumed in a motor |
---|
6716 | | - | vehicle plated for general highway use is subject to the tax imposed under this chapter. A person claiming |
---|
6717 | | - | exempt use of special fuel in such a vehicle must maintain adequate records as required by the department |
---|
6718 | | - | to document the vehicle's taxable and exempt use. |
---|
6719 | | - | (h) A person that engages in blending fuel for taxable sale or use in Indiana is primarily liable for the |
---|
6720 | | - | collection and remittance of the tax imposed under subsection (a). The person shall remit the tax due in |
---|
6721 | | - | conjunction with the filing of a monthly report in the form prescribed by the department. |
---|
6722 | | - | (i) A person that receives special fuel that has been blended for taxable sale or use in Indiana is |
---|
6723 | | - | secondarily liable to the state for the tax imposed under subsection (a). |
---|
6724 | | - | (j) A person may not use special fuel on an Indiana public highway if the special fuel contains a sulfur |
---|
6725 | | - | content that exceeds five one-hundredths of one percent (0.05%). A person who knowingly: |
---|
6726 | | - | (1) violates; or |
---|
6727 | | - | (2) aids or abets another person to violate; |
---|
6728 | | - | this subsection commits a Class A infraction. However, the violation is a Class A misdemeanor if the |
---|
6729 | | - | person has committed one (1) prior unrelated violation of this subsection, and a Level 6 felony if the |
---|
6730 | | - | person has committed more than one (1) unrelated violation of this subsection. |
---|
6731 | | - | SECTION 109. IC 6-7-1-17, AS AMENDED BY P.L.191-2016, SECTION 6, IS AMENDED TO |
---|
6732 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 17. (a) Distributors who hold certificates and |
---|
6733 | | - | retailers shall be agents of the state in the collection of the taxes imposed by this chapter and the amount |
---|
6734 | | - | of the tax levied, assessed, and imposed by this chapter on cigarettes sold, exchanged, bartered, furnished, |
---|
6735 | | - | given away, or otherwise disposed of by distributors or to retailers. Distributors who hold certificates shall |
---|
6736 | | - | be agents of the department to affix the required stamps and shall be entitled to purchase the stamps from |
---|
6737 | | - | HEA 1001 — CC 1 |
---|
6738 | | - | 157 the department at a discount of one and three-tenths two cents ($0.013) ($0.02) per individual package |
---|
6739 | | - | of cigarettes as compensation for their labor and expense. |
---|
6740 | | - | (b) The department may permit distributors who hold certificates and who are admitted to do business |
---|
6741 | | - | in Indiana to pay for revenue stamps within thirty (30) days after the date of purchase. However, the |
---|
6742 | | - | privilege is extended upon the express condition that: |
---|
6743 | | - | (1) except as provided in subsection (c), a bond or letter of credit satisfactory to the department, in |
---|
6744 | | - | an amount not less than the sales price of the stamps, is filed with the department; |
---|
6745 | | - | (2) proof of payment is made of all property taxes, excise taxes, and listed taxes (as defined in |
---|
6746 | | - | IC 6-8.1-1-1) for which any such distributor may be liable; and |
---|
6747 | | - | (3) payment for the revenue stamps must be made by electronic funds transfer (as defined in |
---|
6748 | | - | IC 4-8.1-2-7). |
---|
6749 | | - | The bond or letter of credit, conditioned to secure payment for the stamps, shall be executed by the |
---|
6750 | | - | distributor as principal and by a corporation duly authorized to engage in business as a surety company |
---|
6751 | | - | or financial institution in Indiana. |
---|
6752 | | - | (c) If a distributor has at least five (5) consecutive years of good credit standing with the state, the |
---|
6753 | | - | distributor shall not be required to post a bond or letter of credit under subsection (b). |
---|
6754 | | - | SECTION 110. IC 6-7-1-28.1, AS AMENDED BY P.L.213-2015, SECTION 90, IS AMENDED TO |
---|
6755 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 28.1. The taxes, registration fees, fines, or |
---|
6756 | | - | penalties collected under this chapter shall be deposited in the following manner: |
---|
6757 | | - | (1) Four and twenty-two hundredths percent (4.22%) of the money shall be deposited in a fund to |
---|
6758 | | - | be known as the cigarette tax fund. |
---|
6759 | | - | (2) Six-tenths percent (0.6%) of the money shall be deposited in a fund to be known as the mental |
---|
6760 | | - | health centers fund. |
---|
6761 | | - | (3) (2) The following amount of the money shall be deposited in the state general fund: |
---|
6762 | | - | (A) After June 30, 2011, and before July 1, 2013, sixty and twenty-four hundredths percent |
---|
6763 | | - | (60.24%). |
---|
6764 | | - | (B) After June 30, 2013, and before July 1, 2023, fifty-six and twenty-four hundredths percent |
---|
6765 | | - | (56.24%). |
---|
6766 | | - | (C) After June 30, 2023, fifty-six and eighty-four hundredths percent (56.84%). |
---|
6767 | | - | (4) (3) Five and forty-three hundredths percent (5.43%) of the money shall be deposited into the |
---|
6768 | | - | pension relief fund established in IC 5-10.3-11. |
---|
6769 | | - | (5) (4) Twenty-seven and five hundredths percent (27.05%) of the money shall be deposited in the |
---|
6770 | | - | healthy Indiana plan trust fund established by IC 12-15-44.2-17. |
---|
6771 | | - | (6) (5) Two and forty-six hundredths percent (2.46%) of the money shall be deposited in the state |
---|
6772 | | - | general fund for the purpose of paying appropriations for Medicaid—Current Obligations, for |
---|
6773 | | - | provider reimbursements. |
---|
6774 | | - | (7) (6) The following amount of the money shall be deposited in the state retiree health benefit trust |
---|
6775 | | - | fund established by IC 5-10-8-8.5 as follows: |
---|
6776 | | - | (A) Before July 1, 2011, five and seventy-four hundredths percent (5.74%). |
---|
6777 | | - | (B) After June 30, 2011, and before July 1, 2013, zero percent (0%). |
---|
6778 | | - | (C) After June 30, 2013, four percent (4%). |
---|
6779 | | - | The money in the cigarette tax fund, the mental health centers fund, the healthy Indiana plan trust fund, |
---|
6780 | | - | or the pension relief fund at the end of a fiscal year does not revert to the state general fund. However, |
---|
6781 | | - | if in any fiscal year, the amount allocated to a fund under subdivision (1) or (2) is less than the amount |
---|
6782 | | - | HEA 1001 — CC 1 |
---|
6783 | | - | 158 received in fiscal year 1977, then that fund shall be credited with the difference between the amount |
---|
6784 | | - | allocated and the amount received in fiscal year 1977, and the allocation for the fiscal year to the fund |
---|
6785 | | - | under subdivision (3) (2) shall be reduced by the amount of that difference. Money deposited under |
---|
6786 | | - | subdivisions (6) (5) through (7) (6) may not be used for any purpose other than the purpose stated in the |
---|
6787 | | - | subdivision. |
---|
6788 | | - | SECTION 111. IC 6-7-1-32.1 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 32.1. (a) The money |
---|
6789 | | - | in the mental health centers fund is annually appropriated to the division of mental health and addiction. |
---|
6790 | | - | (b) The division may use the money: |
---|
6791 | | - | (1) to pay the state's share of the cost of acquiring sites for, constructing, remodeling, equipping, or |
---|
6792 | | - | operating community mental health centers; and |
---|
6793 | | - | (2) to provide grants for a partial facility if there is a reasonable assurance that the facility will |
---|
6794 | | - | provide community mental health services within five (5) years after it provides any partial service |
---|
6795 | | - | to the public. |
---|
6796 | | - | SECTION 112. IC 7.1-2-2-13, AS AMENDED BY P.L.114-2022, SECTION 12, IS AMENDED TO |
---|
6797 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13. (a) The alcohol and tobacco commission |
---|
6798 | | - | shall categorize salaries of enforcement officers within each rank based upon the rank held and the |
---|
6799 | | - | number of years of service in the commission through the twentieth year. The salary ranges that the board |
---|
6800 | | - | assigns to each rank shall be divided into a base salary and twenty (20) fifteen (15) increments above the |
---|
6801 | | - | base salary with: |
---|
6802 | | - | (1) the base salary in the rank paid to a person with less than one (1) year of service in the |
---|
6803 | | - | commission; and |
---|
6804 | | - | (2) the highest salary in the rank paid to a person with at least twenty (20) fifteen (15) years of |
---|
6805 | | - | service in the commission. |
---|
6806 | | - | (b) The salary matrix prescribed by this section shall be reviewed and approved by the budget agency |
---|
6807 | | - | biennially in even-numbered years before implementation. |
---|
6808 | | - | (c) The salary matrix prescribed by this section must have parity with the salary matrix prescribed by |
---|
6809 | | - | the natural resources commission under IC 14-9-8 for conservation officers of the department of natural |
---|
6810 | | - | resources. The budget agency shall approve a salary matrix that meets the parity requirement of this |
---|
6811 | | - | subsection. |
---|
6812 | | - | SECTION 113. IC 8-14-15.1-8, AS AMENDED BY P.L.189-2018, SECTION 78, IS AMENDED TO |
---|
6813 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 8. (a) The board shall adopt an investment |
---|
6814 | | - | policy that includes all the following: |
---|
6815 | | - | (1) Money in the trust may be invested in investments that: |
---|
6816 | | - | (A) maximize risk appropriate returns, which may include the purchase of equity or debt |
---|
6817 | | - | securities; |
---|
6818 | | - | (B) make significant investments in Indiana funds and companies; and |
---|
6819 | | - | (C) have such other investment parameters and procedures as the board determines are prudent |
---|
6820 | | - | to ensure that investments are consistent with this chapter. |
---|
6821 | | - | (2) Money in the trust shall be invested in investments that, consistent with the other terms and |
---|
6822 | | - | objectives in the investment policy, give preference to Indiana companies or Indiana venture |
---|
6823 | | - | capital firms. |
---|
6824 | | - | (2) (3) Not more than twenty-five million dollars ($25,000,000) may be invested in any one (1) |
---|
6825 | | - | particular investment fund or investment firm. |
---|
6826 | | - | (3) (4) Such other investment parameters and procedures as the board determines are prudent to |
---|
6827 | | - | HEA 1001 — CC 1 |
---|
6828 | | - | 159 ensure that investments are consistent with this chapter. |
---|
6829 | | - | (b) The investment policy adopted by the board must give adequate time to change current investments |
---|
6830 | | - | in a prudent manner. |
---|
6831 | | - | (c) The board may contract with investment management professionals, investment advisers, and legal |
---|
6832 | | - | counsel to assist in the investment of the fund and may pay the expenses incurred under those contracts |
---|
6833 | | - | from the fund. |
---|
6834 | | - | (d) The board has the powers, duties, restrictions, limitations, and penalties in connection with the |
---|
6835 | | - | board's and the treasurer of state's investment and management of the assets of trust as if the following |
---|
6836 | | - | provisions pertaining to the public pension and retirement funds made reference to the trust and the board: |
---|
6837 | | - | (1) IC 5-10.2-2-2.5. |
---|
6838 | | - | (2) IC 5-10.2-2-13. |
---|
6839 | | - | (3) IC 5-10.3-5-3. |
---|
6840 | | - | (4) IC 5-10.3-5-4. |
---|
6841 | | - | (5) IC 5-10.3-5-5. |
---|
6842 | | - | (6) IC 5-10.3-5-6. |
---|
6843 | | - | (7) IC 5-10.4-3-10. |
---|
6844 | | - | (8) IC 5-10.4-3-12. |
---|
6845 | | - | (9) IC 5-10.4-3-13. |
---|
6846 | | - | (10) IC 5-10.4-3-14. |
---|
6847 | | - | (11) IC 5-10.4-3-15. |
---|
6848 | | - | (12) IC 5-10.4-3-16. |
---|
6849 | | - | (e) Compliance with the established investment policy is definitive evidence of compliance with the |
---|
6850 | | - | applicable investment standards in subsection (d). |
---|
6851 | | - | SECTION 114. IC 8-23-3-8 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 8. (a) The public mass |
---|
6852 | | - | transportation fund is established for the purpose of promoting and developing public mass transportation |
---|
6853 | | - | in Indiana. The fund shall be administered by the department. |
---|
6854 | | - | (b) The treasurer of state may invest the money in the fund in the same manner as other public funds |
---|
6855 | | - | may be invested. |
---|
6856 | | - | (c) Money in the fund at the end of a fiscal year does not revert to the state general fund. |
---|
6857 | | - | (d) This subsection applies to a calendar year beginning after December 31 of a calendar year in which |
---|
6858 | | - | an eligible county (as defined by IC 8-25-1-4) begins to carry out a public transportation project approved |
---|
6859 | | - | under IC 8-25. The distribution formula established by the department is subject to approval by the budget |
---|
6860 | | - | director to ensure that a public mass transportation system located in a county other than an eligible |
---|
6861 | | - | county is not adversely affected by a public transportation project carried out under IC 8-25. |
---|
6862 | | - | SECTION 115. IC 8-23-20-25.6, AS AMENDED BY P.L.178-2022(ts), SECTION 10, IS AMENDED |
---|
6863 | | - | TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 25.6. (a) As used in this section, "market |
---|
6864 | | - | area" means a point within the same county as the prior location of an outdoor advertising sign. |
---|
6865 | | - | (b) This section applies only to an outdoor advertising sign located along the interstate and primary |
---|
6866 | | - | system, as defined in 23 U.S.C. 131(t) on June 1, 1991, or any other highway where control of outdoor |
---|
6867 | | - | advertising signs is required under 23 U.S.C. 131. |
---|
6868 | | - | (c) If an outdoor advertising sign is no longer visible or becomes obstructed, or must be moved or |
---|
6869 | | - | removed, due to a noise abatement or safety measure, grade changes, construction, directional sign, |
---|
6870 | | - | highway widening, or aesthetic improvement made by any agency of the state along the interstate and |
---|
6871 | | - | primary system or any other highway, the owner or operator of the outdoor advertising sign, to the extent |
---|
6872 | | - | HEA 1001 — CC 1 |
---|
6873 | | - | 160 allowed by federal or state law, may: |
---|
6874 | | - | (1) elevate a conforming outdoor advertising sign; or |
---|
6875 | | - | (2) relocate a conforming or nonconforming outdoor advertising sign to a point within the market |
---|
6876 | | - | area, if the new location of the outdoor advertising sign complies with the applicable spacing |
---|
6877 | | - | requirements and is located in land zoned for commercial or industrial purposes or unzoned areas |
---|
6878 | | - | used for commercial or industrial purposes. |
---|
6879 | | - | (d) Except as provided in subsection (j), if within one (1) year of an action being filed under |
---|
6880 | | - | IC 32-24, an owner can demonstrate that the owner has made good faith efforts to relocate a conforming |
---|
6881 | | - | or nonconforming outdoor advertising sign to a conforming location within the market area, but the owner |
---|
6882 | | - | has not obtained a new conforming location, the outdoor advertising sign will be treated as if it cannot |
---|
6883 | | - | be relocated within the market area. Notwithstanding subsection (e) and IC 8-23-20.5, if an outdoor |
---|
6884 | | - | advertising sign cannot be elevated or relocated to a conforming location and elevation within the market |
---|
6885 | | - | area, the removal or relocation of the outdoor advertising sign constitutes a taking of a property interest |
---|
6886 | | - | and the owner must be compensated under section 27 of this chapter. |
---|
6887 | | - | (e) The county or municipality, under IC 36-7-4, may, if necessary, provide for the elevation or |
---|
6888 | | - | relocation by ordinance for a special exception to the zoning ordinance of the county or municipality. |
---|
6889 | | - | (f) The elevated outdoor advertising sign or outdoor advertising sign to be relocated, to the extent |
---|
6890 | | - | allowed by federal or state law, may be modified: |
---|
6891 | | - | (1) to elevate the sign to make the entire advertising content of the sign visible; |
---|
6892 | | - | (2) to an angle to make the entire advertising content of the sign visible; and |
---|
6893 | | - | (3) in size or material type, at the expense of: |
---|
6894 | | - | (A) the owner, if the modification in size or material type of the outdoor advertising sign is by |
---|
6895 | | - | choice of the owner; or |
---|
6896 | | - | (B) the department, if the modification in size or material type of the outdoor advertising sign is |
---|
6897 | | - | required for the outdoor advertising sign to comply with IC 22-13. |
---|
6898 | | - | (g) This section does not exempt an owner or operator of a sign from submitting to the department any |
---|
6899 | | - | application or fee required by law. |
---|
6900 | | - | (h) At least twelve (12) months before the filing of an eminent domain action to acquire an outdoor |
---|
6901 | | - | advertising sign under IC 32-24, the department must provide written notice to the representative of the |
---|
6902 | | - | sign owner identified on the outdoor advertising sign permit that is on file with the Indiana department |
---|
6903 | | - | of transportation that a project has been planned that may impact the outdoor advertising sign. |
---|
6904 | | - | (i) If the agency fails to provide notice required by subsection (h) within twelve (12) months of an |
---|
6905 | | - | action being filed against an owner under IC 32-24, the owner may receive reasonable compensation for |
---|
6906 | | - | losses associated with the failure to receive timely notice. However, failure to send notice required by |
---|
6907 | | - | subsection (h) is not a basis of an objection to a proceeding under IC 32-24-1-8. |
---|
6908 | | - | (j) Notwithstanding subsection (d), if an action that has been filed under IC 32-24 is pending as |
---|
6909 | | - | of July 1, 2023, and: |
---|
6910 | | - | (1) the parties have not entered into a final settlement agreement; or |
---|
6911 | | - | (2) no final judgment has been entered by the trier of fact; |
---|
6912 | | - | the owner may relocate the outdoor advertising sign under this section and IC 8-23-20.5. |
---|
6913 | | - | SECTION 116. IC 8-23-20.5-3, AS ADDED BY P.L.97-2022, SECTION 4, IS AMENDED TO READ |
---|
6914 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) If a county or municipality either: |
---|
6915 | | - | (1) subject to IC 8-23-20-10, does not amend its zoning ordinance as necessary to provide for a |
---|
6916 | | - | special exception to the zoning ordinance for the relocation of an outdoor advertising sign; or |
---|
6917 | | - | HEA 1001 — CC 1 |
---|
6918 | | - | 161 (2) does not approve a variance to the zoning ordinance filed by the outdoor advertising sign's owner |
---|
6919 | | - | that conforms to the filing requirements; |
---|
6920 | | - | the county or municipality that did not approve the relocation of the outdoor advertising sign within |
---|
6921 | | - | the market area is responsible for the payment of full and just compensation for the outdoor advertising |
---|
6922 | | - | sign under IC 8-23-20-27, including any costs and fees associated with a variance application, if |
---|
6923 | | - | applicable, to the outdoor advertising sign's owner. |
---|
6924 | | - | (b) A county or municipality's consideration of a special exception or variance may not be a basis to |
---|
6925 | | - | delay the appointment of appraisers under IC 32-24-1-9. |
---|
6926 | | - | (c) If a county or municipality has not approved the relocation of an outdoor advertising sign located |
---|
6927 | | - | within its jurisdiction before the date an action under IC 32-24 is filed, the county or municipality must |
---|
6928 | | - | be named as a party to the action. |
---|
6929 | | - | SECTION 117. IC 8-25-2-11, AS ADDED BY P.L.153-2014, SECTION 17, IS AMENDED TO |
---|
6930 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. No general tax revenues of the state may |
---|
6931 | | - | be used to pay for a transportation project or service under this article. However, this section does not |
---|
6932 | | - | apply to distributions from the public mass transportation fund (before its repeal). |
---|
6933 | | - | SECTION 118. IC 9-14-14-1, AS ADDED BY P.L.198-2016, SECTION 194, IS AMENDED TO |
---|
6934 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) The bureau of motor vehicles |
---|
6935 | | - | commission fund is established for the purpose of paying the expenses incurred in administering |
---|
6936 | | - | IC 9-14.1 and to defray expenses incurred by the bureau in verifying compliance with financial |
---|
6937 | | - | responsibility requirements under IC 9-25-9. The commission shall administer the fund. |
---|
6938 | | - | (b) The treasurer of state shall invest the money in the fund not currently needed to meet the |
---|
6939 | | - | obligations of the fund in the same manner as other public funds may be invested. |
---|
6940 | | - | (c) Money in the fund at the end of a state fiscal year does not revert to the state general fund. |
---|
6941 | | - | (d) There is annually appropriated to the commission the money in the fund for its use in carrying out |
---|
6942 | | - | the purposes of IC 9-14.1, subject to the approval of the budget agency. |
---|
6943 | | - | (e) The fund consists of the following: |
---|
6944 | | - | (1) Money deposited in or distributed to the fund under this title. |
---|
6945 | | - | (2) Money deposited in the fund under IC 9-29-14-5 (before its repeal). |
---|
6946 | | - | (3) Money received from any other source, including appropriations. |
---|
6947 | | - | SECTION 119. IC 9-18.5-23-3, AS AMENDED BY P.L.118-2022, SECTION 15, IS AMENDED TO |
---|
6948 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) The fees for a first responder license |
---|
6949 | | - | plate are as follows: |
---|
6950 | | - | (1) An annual supplemental fee of fifteen dollars ($15) under IC 9-18.5-12-16. |
---|
6951 | | - | (2) An annual fee of not more than twenty-five dollars ($25) as provided in IC 9-18.5-12-14(d)(2) |
---|
6952 | | - | or IC 9-18.5-12-15(b). |
---|
6953 | | - | (b) The annual fee referred to in subsection (a)(2) shall be collected by the bureau and deposited in |
---|
6954 | | - | the regional public safety training fund established under IC 10-15-3-1. by IC 10-19-9.1-1. |
---|
6955 | | - | (c) The bureau shall distribute at least one (1) time each month the money from the fund collected |
---|
6956 | | - | under subsection (b). |
---|
6957 | | - | SECTION 120. IC 9-25-6-15, AS AMENDED BY P.L.86-2021, SECTION 9, IS AMENDED TO |
---|
6958 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 15. (a) Except as provided in subsection (e), |
---|
6959 | | - | an individual: |
---|
6960 | | - | (1) whose driving privileges are suspended under this article; and |
---|
6961 | | - | (2) who seeks the reinstatement of the driving privileges; |
---|
6962 | | - | HEA 1001 — CC 1 |
---|
6963 | | - | 162 must pay a reinstatement fee to the bureau as provided in subsection (b). |
---|
6964 | | - | (b) The reinstatement fee under subsection (a) is as follows: |
---|
6965 | | - | (1) For a first suspension, two hundred fifty dollars ($250). |
---|
6966 | | - | (2) For a second suspension, five hundred dollars ($500). |
---|
6967 | | - | (3) For a third or subsequent suspension, one thousand dollars ($1,000). |
---|
6968 | | - | (c) Each fee paid under this section or section 15.1 of this chapter shall be deposited in the financial |
---|
6969 | | - | responsibility compliance verification fund established by IC 9-25-9-7 bureau of motor vehicles |
---|
6970 | | - | commission fund established by IC 9-14-14-1 as follows: |
---|
6971 | | - | (1) Forty-eight percent (48%) of a fee paid after a first suspension. |
---|
6972 | | - | (2) Thirty-nine percent (39%) of a fee paid after a second suspension. |
---|
6973 | | - | (3) Twenty-seven percent (27%) of a fee paid after a third or subsequent suspension. |
---|
6974 | | - | The remaining amount of each fee paid under this section or section 15.1 of this chapter must be |
---|
6975 | | - | deposited in the motor vehicle highway account. |
---|
6976 | | - | (d) If: |
---|
6977 | | - | (1) a person's driving privileges are suspended for registering or operating a vehicle in violation of |
---|
6978 | | - | IC 9-25-4-1; |
---|
6979 | | - | (2) the person is required to pay a fee for the reinstatement of the person's license under this section; |
---|
6980 | | - | and |
---|
6981 | | - | (3) the person later establishes that the person did not register or operate a vehicle in violation of |
---|
6982 | | - | IC 9-25-4-1; |
---|
6983 | | - | the fee paid by the person under this section shall be refunded. |
---|
6984 | | - | (e) An individual who has had a suspension imposed under this article terminated by submitting proof |
---|
6985 | | - | of future financial responsibility under IC 9-25-4-3, IC 9-25-5-1, or section 3(d) of this chapter for the |
---|
6986 | | - | required time period is not required to pay a reinstatement fee under this section in order to have his or |
---|
6987 | | - | her the individual's driving privileges reinstated. |
---|
6988 | | - | SECTION 121. IC 9-25-9-7 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 7. (a) The financial |
---|
6989 | | - | responsibility compliance verification fund is established to defray expenses incurred by the bureau in |
---|
6990 | | - | verifying compliance with financial responsibility requirements under this chapter. |
---|
6991 | | - | (b) The expenses of administering the fund shall be paid from money in the fund. |
---|
6992 | | - | (c) The sources of money for the fund are as follows: |
---|
6993 | | - | (1) The portion of the driving license reinstatement fee that is to be deposited in the fund under |
---|
6994 | | - | IC 9-25-6-15. |
---|
6995 | | - | (2) Accrued interest and other investment earnings of the fund. |
---|
6996 | | - | (3) Appropriations made by the general assembly. |
---|
6997 | | - | (4) Gifts and donations from any person to the fund. |
---|
6998 | | - | (d) The treasurer of state shall invest the money in the fund not currently needed to meet the |
---|
6999 | | - | obligations of the fund in the same manner as other public funds may be invested. |
---|
7000 | | - | (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund. |
---|
7001 | | - | SECTION 122. IC 10-11-2-13, AS AMENDED BY P.L.114-2022, SECTION 14, IS AMENDED TO |
---|
7002 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13. (a) The board shall categorize salaries of |
---|
7003 | | - | police employees within each rank based upon the rank held and the number of years of service in the |
---|
7004 | | - | department through the twentieth fifteenth year. The salary ranges the board assigns to each rank shall |
---|
7005 | | - | be divided into a base salary and twenty (20) fifteen (15) increments above the base salary, with: |
---|
7006 | | - | (1) the base salary in the rank paid to a person with less than one (1) year of service in the |
---|
7007 | | - | HEA 1001 — CC 1 |
---|
7008 | | - | 163 department; and |
---|
7009 | | - | (2) the highest salary in the rank paid to a person with at least twenty (20) fifteen (15) years of |
---|
7010 | | - | service in the department. |
---|
7011 | | - | (b) The salary matrix prescribed by this section shall be reviewed and approved by the budget agency |
---|
7012 | | - | biennially in even-numbered years before implementation. |
---|
7013 | | - | SECTION 123. IC 10-12-3-7, AS AMENDED BY P.L.189-2007, SECTION 1, IS AMENDED TO |
---|
7014 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) Benefits provided under this section are |
---|
7015 | | - | subject to IC 10-12-2-3. |
---|
7016 | | - | (b) The basic monthly pension amount may not exceed by more than twenty dollars ($20) one-half |
---|
7017 | | - | (1/2) the amount of the employee beneficiary's average monthly wage (excluding payments for overtime |
---|
7018 | | - | and determined without regard to any salary reduction agreement established under Section 125 of the |
---|
7019 | | - | Internal Revenue Code) received during the highest paid consecutive twelve (12) months before |
---|
7020 | | - | retirement. Salary that exceeds the monthly wage received by a police employee in the grade of trooper |
---|
7021 | | - | at the beginning of the trooper's sixth fourth year of service may not be considered when the basic |
---|
7022 | | - | pension amount is computed. |
---|
7023 | | - | (c) An employee beneficiary in the active service of the department who has completed twenty (20) |
---|
7024 | | - | years of service after July 1, 1937, and who continues after July 1, 1937, in the service of the department |
---|
7025 | | - | is entitled to add to the basic monthly pension amount, at retirement, the following: |
---|
7026 | | - | (1) Two percent (2%) of the basic amount for each of the next two (2) full years of service over |
---|
7027 | | - | twenty (20) years. |
---|
7028 | | - | (2) Three percent (3%) of the basic amount for each of the next two (2) full years over twenty-two |
---|
7029 | | - | (22) years. |
---|
7030 | | - | (3) Four percent (4%) of the basic amount for each of the next two (2) full years over twenty-four |
---|
7031 | | - | (24) years. |
---|
7032 | | - | (4) Five percent (5%) of the basic amount for each of the next two (2) full years over twenty-six (26) |
---|
7033 | | - | years. |
---|
7034 | | - | (5) Six percent (6%) of the basic amount for each of the next two (2) full years over twenty-eight |
---|
7035 | | - | (28) years. |
---|
7036 | | - | (6) Seven percent (7%) of the basic amount for each of the next two (2) full years over thirty (30) |
---|
7037 | | - | years. |
---|
7038 | | - | (7) Eight percent (8%) of the basic amount for each of the next two (2) full years over thirty-two (32) |
---|
7039 | | - | years. |
---|
7040 | | - | However, the total of the additional amount may not exceed seventy percent (70%) of the basic pension |
---|
7041 | | - | amount. These additional benefits are subject to the compulsory retirement age provided by the pension |
---|
7042 | | - | trust. |
---|
7043 | | - | SECTION 124. IC 10-12-5-3, AS AMENDED BY P.L.5-2008, SECTION 1, IS AMENDED TO |
---|
7044 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) The pension advisory board that |
---|
7045 | | - | administers the pension under IC 10-12-3 shall direct and supervise the supplemental benefits provided |
---|
7046 | | - | in this chapter. |
---|
7047 | | - | (b) The pension advisory board shall: |
---|
7048 | | - | (1) annually provide a schedule showing the number of retirees receiving pension benefits under |
---|
7049 | | - | IC 10-12-3; and |
---|
7050 | | - | (2) meet at least one (1) time each year to add to the regular pension benefit or annuity and any |
---|
7051 | | - | previously granted supplemental benefit the amount described in subsection (c) or (d). |
---|
7052 | | - | HEA 1001 — CC 1 |
---|
7053 | | - | 164 (c) This subsection applies only to a retiree who is eligible for the first time under section 2 of this |
---|
7054 | | - | chapter to receive a supplemental benefit. The supplemental benefit referred to in subsection (b)(2) for |
---|
7055 | | - | a retiree in the first year the retiree is eligible for a supplemental benefit is the sum of: |
---|
7056 | | - | (1) the difference between: |
---|
7057 | | - | (A) the retiree's pension benefit; and |
---|
7058 | | - | (B) the pension benefit: |
---|
7059 | | - | (i) received by an employee retiring in that year from the department with twenty (20) years |
---|
7060 | | - | of active service; and |
---|
7061 | | - | (ii) computed on the day the pension advisory board meets as required under subsection (b)(2); |
---|
7062 | | - | plus |
---|
7063 | | - | (2) any amount computed under subsection (d) after the date the retiree reaches fifty-five (55) years |
---|
7064 | | - | of age. |
---|
7065 | | - | (d) This subsection applies to a retiree who is eligible under section 2 of this chapter to receive a |
---|
7066 | | - | supplemental benefit, but whose supplemental benefit is not computed under subsection (c). The |
---|
7067 | | - | supplemental benefit referred to in subsection (b)(2) is equal to fifty percent (50%) of the difference |
---|
7068 | | - | between: |
---|
7069 | | - | (1) the pension benefits to be received by an employee retiring from the department with twenty (20) |
---|
7070 | | - | years of active service the day after a change in the monthly wage received by a police employee in |
---|
7071 | | - | the grade of trooper at the beginning of the trooper's sixth fourth year of service; and |
---|
7072 | | - | (2) the pension benefit received by an employee retiring from the department with twenty (20) years |
---|
7073 | | - | of active service the day before a change in the monthly wage received by a police employee in the |
---|
7074 | | - | grade of trooper at the beginning of the trooper's sixth fourth year of service. |
---|
7075 | | - | SECTION 125. IC 10-15 IS REPEALED [EFFECTIVE JULY 1, 2023]. (INDIANA HOMELAND |
---|
7076 | | - | SECURITY FOUNDATION). |
---|
7077 | | - | SECTION 126. IC 10-19-1-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
7078 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. "Fund", for purposes of IC 10-19-9.1, |
---|
7079 | | - | refers to the regional public safety training fund established by IC 10-19-9.1-1. |
---|
7080 | | - | SECTION 127. IC 10-19-9.1 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO |
---|
7081 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
7082 | | - | Chapter 9.1. Regional Public Safety Training Fund |
---|
7083 | | - | Sec. 1. (a) The regional public safety training fund is established to: |
---|
7084 | | - | (1) provide regional and advanced training for public safety service providers, including fire |
---|
7085 | | - | investigation training; |
---|
7086 | | - | (2) fund the design, procurement, and construction of firefighter training facilities; |
---|
7087 | | - | (3) provide scholarships for students enrolled in postsecondary courses focused on public |
---|
7088 | | - | safety; or |
---|
7089 | | - | (4) purchase equipment to enhance emergency preparedness and response capabilities of: |
---|
7090 | | - | (A) a public safety agency (as defined in IC 10-10.5-1-5); or |
---|
7091 | | - | (B) an emergency medical services provider organization certified by the Indiana |
---|
7092 | | - | emergency medical services commission under rules adopted under IC 16-31-3. |
---|
7093 | | - | (b) The department shall administer the fund. The expenses of administering the fund shall be |
---|
7094 | | - | paid from money in the fund. |
---|
7095 | | - | (c) The fund consists of the following: |
---|
7096 | | - | (1) Money appropriated by the general assembly. |
---|
7097 | | - | HEA 1001 — CC 1 |
---|
7098 | | - | 165 (2) Donations, gifts, and money received from any other source, including transfers from other |
---|
7099 | | - | funds or accounts. |
---|
7100 | | - | (3) Money transferred from the fire training infrastructure fund established by IC 22-14-6-2 |
---|
7101 | | - | (before its repeal). |
---|
7102 | | - | (d) The treasurer of state shall invest the money in the fund not currently needed to meet the |
---|
7103 | | - | obligations of the fund in the same manner as other public money may be invested. Interest that |
---|
7104 | | - | accrues from the investments shall be deposited in the fund. |
---|
7105 | | - | (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund. |
---|
7106 | | - | SECTION 128. IC 10-21-1-2, AS AMENDED BY HEA 1492-2023, SECTION 3, IS AMENDED TO |
---|
7107 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) The Indiana secured school fund is |
---|
7108 | | - | established to provide: |
---|
7109 | | - | (1) matching grants to school corporations, charter schools, and accredited nonpublic schools, where |
---|
7110 | | - | the matching grants may be used to: |
---|
7111 | | - | (A) employ a school resource officer, employ a law enforcement officer, or enter into a contract |
---|
7112 | | - | or a memorandum of understanding with a: |
---|
7113 | | - | (i) local law enforcement agency; |
---|
7114 | | - | (ii) private entity; or |
---|
7115 | | - | (iii) nonprofit corporation; |
---|
7116 | | - | to employ a school resource officer or a law enforcement officer; |
---|
7117 | | - | (B) conduct: |
---|
7118 | | - | (i) a site vulnerability assessment of the buildings within a school corporation or the buildings |
---|
7119 | | - | that are operated by a charter school or accredited nonpublic school; or |
---|
7120 | | - | (ii) critical incident digital mapping of the buildings within a school corporation or the |
---|
7121 | | - | buildings that are operated by a charter school or accredited nonpublic school; |
---|
7122 | | - | (C) purchase equipment, hardware, materials, and technology to: |
---|
7123 | | - | (i) restrict access to school property and classrooms; |
---|
7124 | | - | (ii) assist with visitor management on school property; |
---|
7125 | | - | (iii) expedite notification of first responders; |
---|
7126 | | - | (iv) expedite access to school property for first responders; |
---|
7127 | | - | (v) provide school staff with information about the open or closed status of interior and exterior |
---|
7128 | | - | doors; |
---|
7129 | | - | (vi) detect fire, chemical, visual, or audible threats; |
---|
7130 | | - | (vii) enhance emergency communications inside the building; or |
---|
7131 | | - | (viii) assist with emergency medical response on school property; |
---|
7132 | | - | (D) implement a student and parent support services plan as described in IC 20-34-9; |
---|
7133 | | - | (E) purchase or provide training for a canine trained to detect drugs and illegal substances, |
---|
7134 | | - | explosives, or firearms, or to otherwise provide protection for students and school employees and |
---|
7135 | | - | the canine shall: |
---|
7136 | | - | (i) be primarily assigned to a school corporation, charter school, or accredited nonpublic |
---|
7137 | | - | school; |
---|
7138 | | - | (ii) be primarily assigned to a school resource officer or law enforcement officer described in |
---|
7139 | | - | clause (A) who has received appropriate training for handling a canine trained to detect drugs |
---|
7140 | | - | and illegal substances, explosives, or firearms, or to otherwise provide protection for students |
---|
7141 | | - | and school employees, including training regarding handling a canine in a school setting; and |
---|
7142 | | - | HEA 1001 — CC 1 |
---|
7143 | | - | 166 (iii) receive continuous training as appropriate; |
---|
7144 | | - | (F) provide funding for school employees to receive training, including expenses for per diem, |
---|
7145 | | - | travel, and lodging, related to: |
---|
7146 | | - | (i) site vulnerability assessments; |
---|
7147 | | - | (ii) mental health or behavioral health threat assessments; |
---|
7148 | | - | (iii) multi-disciplinary threat assessment teams; or |
---|
7149 | | - | (iv) emergency preparedness or response activities; |
---|
7150 | | - | (G) provide funding for school resource officers or law enforcement officers described in clause |
---|
7151 | | - | (A) to receive training, including expenses for per diem, travel, and lodging, related to handling |
---|
7152 | | - | a canine trained to detect drugs and illegal substances, explosives, or firearms, or to otherwise |
---|
7153 | | - | provide protection for students and school employees; |
---|
7154 | | - | (H) purchase student safety management technology; |
---|
7155 | | - | (I) design and construct additions or renovations on school property if the primary purpose of the |
---|
7156 | | - | construction project is to enhance the physical security of the school building; or |
---|
7157 | | - | (J) implement a bullying prevention program; and |
---|
7158 | | - | (2) one (1) time grants to enable school corporations, charter schools, and accredited nonpublic |
---|
7159 | | - | schools with the sheriff for the county in which the school corporation, charter school, or accredited |
---|
7160 | | - | nonpublic school is located, to provide the initial set up costs for an active event warning system. |
---|
7161 | | - | (b) A school corporation or charter school may use money received under a matching grant for a |
---|
7162 | | - | purpose listed in subsection (a) to provide a response to a threat in a manner that the school corporation |
---|
7163 | | - | or charter school sees fit, including firearms training or other self-defense training. |
---|
7164 | | - | (c) The fund shall be administered by the department of homeland security. |
---|
7165 | | - | (d) The fund consists of: |
---|
7166 | | - | (1) appropriations from the general assembly; |
---|
7167 | | - | (2) federal grants; and |
---|
7168 | | - | (3) amounts deposited from any other public or private source; and |
---|
7169 | | - | (4) amounts deposited under IC 33-37-9-4. |
---|
7170 | | - | (e) The expenses of administering the fund shall be paid from money in the fund. |
---|
7171 | | - | (f) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations |
---|
7172 | | - | of the fund in the same manner as other public money may be invested. Interest that accrues from these |
---|
7173 | | - | investments shall be deposited in the fund. |
---|
7174 | | - | (g) Money in the fund at the end of a state fiscal year does not revert to the state general fund. |
---|
7175 | | - | SECTION 129. IC 11-12-11-2 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 2. As used in this |
---|
7176 | | - | chapter, "minimum allocation amount" refers to the amount of funding that applies to a county under |
---|
7177 | | - | section 6(a) of this chapter. |
---|
7178 | | - | SECTION 130. IC 11-12-11-3, AS ADDED BY P.L.204-2016, SECTION 29, IS AMENDED TO |
---|
7179 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. As used in this chapter, "multiplier" refers |
---|
7180 | | - | to the number that applies to a county under section 6(b) 6 of this chapter. |
---|
7181 | | - | SECTION 131. IC 11-12-11-6, AS AMENDED BY P.L.104-2022, SECTION 77, IS AMENDED TO |
---|
7182 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) The minimum allocation amount under |
---|
7183 | | - | this chapter, which represents the dollar amount each county was entitled to receive under level 3 funding |
---|
7184 | | - | in state fiscal year 1998, is as follows: |
---|
7185 | | - | Adams County $ 14,000 |
---|
7186 | | - | Allen County 129,500 |
---|
7187 | | - | HEA 1001 — CC 1 |
---|
7188 | | - | 167 Bartholomew County 35,000 |
---|
7189 | | - | Benton County 3,500 |
---|
7190 | | - | Blackford County 14,000 |
---|
7191 | | - | Boone County 14,000 |
---|
7192 | | - | Brown County 3,500 |
---|
7193 | | - | Carroll County 7,000 |
---|
7194 | | - | Cass County 17,500 |
---|
7195 | | - | Clark County 49,000 |
---|
7196 | | - | Clay County 7,000 |
---|
7197 | | - | Clinton County 17,500 |
---|
7198 | | - | Crawford County 3,500 |
---|
7199 | | - | Daviess County 7,000 |
---|
7200 | | - | Dearborn County 35,000 |
---|
7201 | | - | Decatur County 24,500 |
---|
7202 | | - | Dekalb County 24,500 |
---|
7203 | | - | Delaware County 35,000 |
---|
7204 | | - | Dubois County 45,500 |
---|
7205 | | - | Elkhart County 52,500 |
---|
7206 | | - | Fayette County 10,500 |
---|
7207 | | - | Floyd County 21,000 |
---|
7208 | | - | Fountain County 7,000 |
---|
7209 | | - | Franklin County 7,000 |
---|
7210 | | - | Fulton County 14,000 |
---|
7211 | | - | Gibson County 24,500 |
---|
7212 | | - | Grant County 28,000 |
---|
7213 | | - | Greene County 17,500 |
---|
7214 | | - | Hamilton County 28,000 |
---|
7215 | | - | Hancock County 10,500 |
---|
7216 | | - | Harrison County 24,500 |
---|
7217 | | - | Hendricks County 24,500 |
---|
7218 | | - | Henry County 17,500 |
---|
7219 | | - | Howard County 66,500 |
---|
7220 | | - | Huntington County 10,500 |
---|
7221 | | - | Jackson County 45,500 |
---|
7222 | | - | Jasper County 14,000 |
---|
7223 | | - | Jay County 7,000 |
---|
7224 | | - | Jefferson County 21,000 |
---|
7225 | | - | Jennings County 10,500 |
---|
7226 | | - | Johnson County 31,500 |
---|
7227 | | - | Knox County 14,000 |
---|
7228 | | - | Kosciusko County 42,000 |
---|
7229 | | - | LaGrange County 7,000 |
---|
7230 | | - | Lake County 234,500 |
---|
7231 | | - | LaPorte County 35,000 |
---|
7232 | | - | HEA 1001 — CC 1 |
---|
7233 | | - | 168 Lawrence County 52,500 |
---|
7234 | | - | Madison County 101,500 |
---|
7235 | | - | Marion County 294,000 |
---|
7236 | | - | Marshall County 35,000 |
---|
7237 | | - | Martin County 3,500 |
---|
7238 | | - | Miami County 24,500 |
---|
7239 | | - | Monroe County 35,000 |
---|
7240 | | - | Montgomery County 24,500 |
---|
7241 | | - | Morgan County 31,500 |
---|
7242 | | - | Newton County 7,000 |
---|
7243 | | - | Noble County 28,000 |
---|
7244 | | - | Ohio County 3,500 |
---|
7245 | | - | Orange County 7,000 |
---|
7246 | | - | Owen County 7,000 |
---|
7247 | | - | Parke County 7,000 |
---|
7248 | | - | Perry County 14,000 |
---|
7249 | | - | Pike County 10,500 |
---|
7250 | | - | Porter County 42,000 |
---|
7251 | | - | Posey County 14,000 |
---|
7252 | | - | Pulaski County 10,500 |
---|
7253 | | - | Putnam County 14,000 |
---|
7254 | | - | Randolph County 10,500 |
---|
7255 | | - | Ripley County 17,500 |
---|
7256 | | - | Rush County 7,000 |
---|
7257 | | - | St. Joseph County 112,000 |
---|
7258 | | - | Scott County 31,500 |
---|
7259 | | - | Shelby County 17,500 |
---|
7260 | | - | Spencer County 10,500 |
---|
7261 | | - | Starke County 10,500 |
---|
7262 | | - | Steuben County 14,000 |
---|
7263 | | - | Sullivan County 7,000 |
---|
7264 | | - | Switzerland County 7,000 |
---|
7265 | | - | Tippecanoe County 56,000 |
---|
7266 | | - | Tipton County 3,500 |
---|
7267 | | - | Union County 3,500 |
---|
7268 | | - | Vanderburgh County 161,000 |
---|
7269 | | - | Vermillion County 14,000 |
---|
7270 | | - | Vigo County 42,000 |
---|
7271 | | - | Wabash County 21,000 |
---|
7272 | | - | Warren County 7,000 |
---|
7273 | | - | Warrick County 21,000 |
---|
7274 | | - | Washington County 31,500 |
---|
7275 | | - | Wayne County 38,500 |
---|
7276 | | - | Wells County 10,500 |
---|
7277 | | - | HEA 1001 — CC 1 |
---|
7278 | | - | 169 White County 14,000 |
---|
7279 | | - | Whitley County 17,500 |
---|
7280 | | - | (b) The multiplier under this chapter for each county, which represents each county's approximate |
---|
7281 | | - | proportion of the total state population, is as follows: |
---|
7282 | | - | Adams County .0053 |
---|
7283 | | - | Allen County .0568 |
---|
7284 | | - | Bartholomew County .0121 |
---|
7285 | | - | Benton County .0013 |
---|
7286 | | - | Blackford County .0018 |
---|
7287 | | - | Boone County .0104 |
---|
7288 | | - | Brown County .0023 |
---|
7289 | | - | Carroll County .0030 |
---|
7290 | | - | Cass County .0056 |
---|
7291 | | - | Clark County .0178 |
---|
7292 | | - | Clay County .0039 |
---|
7293 | | - | Clinton County .0049 |
---|
7294 | | - | Crawford County .0016 |
---|
7295 | | - | Daviess County .0049 |
---|
7296 | | - | Dearborn County .0075 |
---|
7297 | | - | Decatur County .0039 |
---|
7298 | | - | Dekalb County .0064 |
---|
7299 | | - | Delaware County .0165 |
---|
7300 | | - | Dubois County .0064 |
---|
7301 | | - | Elkhart County .0310 |
---|
7302 | | - | Fayette County .0034 |
---|
7303 | | - | Floyd County .0119 |
---|
7304 | | - | Fountain County .0024 |
---|
7305 | | - | Franklin County .0034 |
---|
7306 | | - | Fulton County .0030 |
---|
7307 | | - | Gibson County .0049 |
---|
7308 | | - | Grant County .0098 |
---|
7309 | | - | Greene County .0045 |
---|
7310 | | - | Hamilton County .0512 |
---|
7311 | | - | Hancock County .0118 |
---|
7312 | | - | Harrison County .0058 |
---|
7313 | | - | Hendricks County .0258 |
---|
7314 | | - | Henry County .0072 |
---|
7315 | | - | Howard County .0123 |
---|
7316 | | - | Huntington County .0054 |
---|
7317 | | - | Jackson County .0068 |
---|
7318 | | - | Jasper County .0048 |
---|
7319 | | - | Jay County .0030 |
---|
7320 | | - | Jefferson County .0049 |
---|
7321 | | - | Jennings County .0041 |
---|
7322 | | - | HEA 1001 — CC 1 |
---|
7323 | | - | 170 Johnson County .0238 |
---|
7324 | | - | Knox County .0054 |
---|
7325 | | - | Kosciusko County .0118 |
---|
7326 | | - | LaGrange County .0060 |
---|
7327 | | - | Lake County .0735 |
---|
7328 | | - | LaPorte County .0166 |
---|
7329 | | - | Lawrence County .0066 |
---|
7330 | | - | Madison County .0192 |
---|
7331 | | - | Marion County .1440 |
---|
7332 | | - | Marshall County .0068 |
---|
7333 | | - | Martin County .0014 |
---|
7334 | | - | Miami County .0053 |
---|
7335 | | - | Monroe County .0206 |
---|
7336 | | - | Montgomery County .0056 |
---|
7337 | | - | Morgan County .0106 |
---|
7338 | | - | Newton County .0020 |
---|
7339 | | - | Noble County .0070 |
---|
7340 | | - | Ohio County .0009 |
---|
7341 | | - | Orange County .0029 |
---|
7342 | | - | Owen County .0031 |
---|
7343 | | - | Parke County .0024 |
---|
7344 | | - | Perry County .0028 |
---|
7345 | | - | Pike County .0018 |
---|
7346 | | - | Porter County .0255 |
---|
7347 | | - | Posey County .0037 |
---|
7348 | | - | Pulaski County .0018 |
---|
7349 | | - | Putnam County .0054 |
---|
7350 | | - | Randolph County .0036 |
---|
7351 | | - | Ripley County .0043 |
---|
7352 | | - | Rush County .0025 |
---|
7353 | | - | St. Joseph County .0402 |
---|
7354 | | - | Scott County .0034 |
---|
7355 | | - | Shelby County .0066 |
---|
7356 | | - | Spencer County .0029 |
---|
7357 | | - | Starke County .0034 |
---|
7358 | | - | Steuben County .0051 |
---|
7359 | | - | Sullivan County .0031 |
---|
7360 | | - | Switzerland County .0014 |
---|
7361 | | - | Tippecanoe County .0274 |
---|
7362 | | - | Tipton County .0023 |
---|
7363 | | - | Union County .0010 |
---|
7364 | | - | Vanderburgh County .0266 |
---|
7365 | | - | Vermillion County .0023 |
---|
7366 | | - | Vigo County .0156 |
---|
7367 | | - | HEA 1001 — CC 1 |
---|
7368 | | - | 171 Wabash County .0046 |
---|
7369 | | - | Warren County .0012 |
---|
7370 | | - | Warrick County .0094 |
---|
7371 | | - | Washington County .0042 |
---|
7372 | | - | Wayne County .0098 |
---|
7373 | | - | Wells County .0042 |
---|
7374 | | - | White County .0036 |
---|
7375 | | - | Whitley County .0050 |
---|
7376 | | - | SECTION 132. IC 11-12-11-7, AS ADDED BY P.L.204-2016, SECTION 29, IS AMENDED TO |
---|
7377 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. Before September 1 of each year after 2014, |
---|
7378 | | - | the department shall deposit in the misdemeanant fund of each county the greatest of the following: |
---|
7379 | | - | (1) the sum determined by multiplying the total amount appropriated for the county misdemeanant |
---|
7380 | | - | fund by the county's multiplier. |
---|
7381 | | - | (2) The minimum allocation amount assigned to the county under section 6(a) of this chapter. |
---|
7382 | | - | (3) The amount deposited by the department in the misdemeanant fund for the county in state fiscal |
---|
7383 | | - | year 1999. |
---|
7384 | | - | SECTION 133. IC 11-12-11-8 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 8. (a) |
---|
7385 | | - | Notwithstanding section 7 of this chapter, the department shall deposit funds in county misdemeanant |
---|
7386 | | - | funds under this section if the funds appropriated to the department for county misdemeanant funds are |
---|
7387 | | - | insufficient to meet the amounts required to be deposited under section 7 of this chapter. |
---|
7388 | | - | (b) Before July 16 of each year, the commissioner shall send a notice to each county executive and |
---|
7389 | | - | sheriff. The notice must contain the following: |
---|
7390 | | - | (1) The amount of money appropriated for all county misdemeanant funds in Indiana. |
---|
7391 | | - | (2) The amount that will be deposited in the county misdemeanant funds. |
---|
7392 | | - | (c) The notice required under subsection (b) must be in the following form: |
---|
7393 | | - | "Notice Concerning County Misdemeanant Funds |
---|
7394 | | - | The amount appropriated for July 1 (fill in year) to June 30 (fill in year) for county misdemeanant |
---|
7395 | | - | funds is $ (fill in dollar amount). The amount your county misdemeanant fund will receive is $ (fill |
---|
7396 | | - | in dollar amount).". |
---|
7397 | | - | SECTION 134. IC 12-12.7-2-22 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 22. |
---|
7398 | | - | Notwithstanding any other law, any appropriation made to a program established under this chapter and |
---|
7399 | | - | 20 U.S.C. 1431 through 1444 (first steps program) that exceeds eleven million three hundred thirty-nine |
---|
7400 | | - | thousand sixty-three dollars ($11,339,063) in a state fiscal year must be distributed by the office of the |
---|
7401 | | - | secretary of family and social services as follows: |
---|
7402 | | - | (1) Not more than ten percent (10%) to the division of disability and rehabilitative services for |
---|
7403 | | - | infrastructure expenses. |
---|
7404 | | - | (2) Not less than forty percent (40%) to systems point of entry contracts. |
---|
7405 | | - | (3) Not less than fifty percent (50%) to rates of providers who provide services under this chapter |
---|
7406 | | - | and 20 U.S.C. 1431 through 1444. |
---|
7407 | | - | SECTION 135. IC 12-15-1-23 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
7408 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 23. (a) Not later than November 1, 2023, the |
---|
7409 | | - | office shall: |
---|
7410 | | - | (1) develop a schedule for the periodic review of Medicaid reimbursement rates for each |
---|
7411 | | - | category of service that does not have a rate review frequency in state or federal code; and |
---|
7412 | | - | HEA 1001 — CC 1 |
---|
7413 | | - | 172 (2) provide the schedule developed under subdivision (1) to the budget committee. |
---|
7414 | | - | The office may determine the frequency of review of each service category's Medicaid |
---|
7415 | | - | reimbursement rates according to the schedule. However, each service category's Medicaid |
---|
7416 | | - | reimbursement rates must be reviewed at least once every four (4) years. |
---|
7417 | | - | (b) The review of the first set of Medicaid reimbursement rates to be reviewed according to the |
---|
7418 | | - | schedule developed under subsection (a)(1) must be completed not later than November 1, 2024. |
---|
7419 | | - | (c) The office shall provide the findings of each review of each service category's Medicaid |
---|
7420 | | - | reimbursement rates to the budget committee as reviews are completed according to the schedule. |
---|
7421 | | - | SECTION 136. IC 12-15-44.5-5, AS AMENDED BY P.L.152-2017, SECTION 34, IS AMENDED |
---|
7422 | | - | TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) A managed care organization that |
---|
7423 | | - | contracts with the office to provide health coverage, dental coverage, or vision coverage to an individual |
---|
7424 | | - | who participates in the plan: |
---|
7425 | | - | (1) is responsible for the claim processing for the coverage; |
---|
7426 | | - | (2) shall reimburse providers at a rate that is not less than the rate established by the secretary; The |
---|
7427 | | - | rate set by the secretary must be based on a reimbursement formula that is: |
---|
7428 | | - | (A) comparable to the federal Medicare reimbursement rate for the service provided by the |
---|
7429 | | - | provider; or |
---|
7430 | | - | (B) one hundred thirty percent (130%) of the Medicaid reimbursement rate for a service that does |
---|
7431 | | - | not have a Medicare reimbursement rate; and |
---|
7432 | | - | (3) may not deny coverage to an eligible individual who has been approved by the office to |
---|
7433 | | - | participate in the plan. |
---|
7434 | | - | (b) A managed care organization that contracts with the office to provide health coverage under the |
---|
7435 | | - | plan must incorporate cultural competency standards established by the office. The standards must |
---|
7436 | | - | include standards for non-English speaking, minority, and disabled populations. |
---|
7437 | | - | SECTION 137. IC 12-15-47.3 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO |
---|
7438 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
7439 | | - | Chapter 47.3. Medicaid Oversight Committee |
---|
7440 | | - | Sec. 1. As used in this chapter, "oversight committee" refers to the Medicaid oversight |
---|
7441 | | - | committee established by section 2 of this chapter. |
---|
7442 | | - | Sec. 2. The Medicaid oversight committee is established. |
---|
7443 | | - | Sec. 3. The oversight committee consists of the following members: |
---|
7444 | | - | (1) The chairperson of the house ways and means committee. |
---|
7445 | | - | (2) The ranking minority member of the house ways and means committee. |
---|
7446 | | - | (3) One (1) member of the house ways and means committee who is appointed by the speaker |
---|
7447 | | - | of the house of representatives. |
---|
7448 | | - | (4) The chairperson of the house public health committee. |
---|
7449 | | - | (5) The chairperson of the senate appropriations committee. |
---|
7450 | | - | (6) The chairperson of the senate tax and fiscal policy committee. |
---|
7451 | | - | (7) The ranking minority member of the senate appropriations committee. |
---|
7452 | | - | (8) The chairperson of the senate health and provider services committee. |
---|
7453 | | - | (9) The director of the office of management and budget, or the director's designee. |
---|
7454 | | - | (10) The secretary of the family and social services administration, or the secretary's designee. |
---|
7455 | | - | Sec. 4. The oversight committee shall review, consider, and make recommendations concerning |
---|
7456 | | - | all requests for new services and changes in existing services for the Medicaid program. |
---|
7457 | | - | HEA 1001 — CC 1 |
---|
7458 | | - | 173 Sec. 5. The chairperson of the legislative council shall appoint the chairperson of the oversight |
---|
7459 | | - | committee from the members of the committee. |
---|
7460 | | - | SECTION 138. IC 12-17.2-7.2-1, AS AMENDED BY P.L.268-2019, SECTION 1, IS AMENDED TO |
---|
7461 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. As used in this chapter, "eligible child" |
---|
7462 | | - | refers to an individual who: |
---|
7463 | | - | (1) is at least four (4) years of age and less than five (5) years of age on August 1 of the state fiscal |
---|
7464 | | - | year for which a grant is sought under the prekindergarten pilot program; |
---|
7465 | | - | (2) is a resident of Indiana or otherwise has legal settlement in Indiana, as determined under |
---|
7466 | | - | IC 20-26-11; |
---|
7467 | | - | (3) is a member of a household with an annual income that does not exceed one hundred |
---|
7468 | | - | twenty-seven percent (127%) one hundred fifty percent (150%) of the federal poverty level; |
---|
7469 | | - | (4) receives qualified early education services from an eligible provider, as determined by the office; |
---|
7470 | | - | (5) has a parent or guardian who participates in a parental engagement and involvement component |
---|
7471 | | - | provided by the eligible provider; |
---|
7472 | | - | (6) has a parent or guardian who agrees to ensure that the child meets the attendance requirements |
---|
7473 | | - | determined by the office; and |
---|
7474 | | - | (7) meets the requirements under section 7.2(a) and 7.2(c) of this chapter. |
---|
7475 | | - | SECTION 139. IC 12-17.2-7.2-11, AS AMENDED BY P.L.165-2021, SECTION 142, IS AMENDED |
---|
7476 | | - | TO READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 11. Except as provided under |
---|
7477 | | - | IC 20-51-1-4.3(4)(E), The receipt of a grant under the pilot program does not qualify, nor have an effect |
---|
7478 | | - | on the qualification or eligibility, of a child for a choice scholarship under IC 20-51-4. |
---|
7479 | | - | SECTION 140. IC 12-22-2-11, AS AMENDED BY P.L.143-2011, SECTION 26, IS AMENDED TO |
---|
7480 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. (a) An entity, other than a psychiatric |
---|
7481 | | - | residential treatment facility, may not operate or hold itself out as operating a group home for individuals |
---|
7482 | | - | with serious mental illness (SMI), serious emotional disturbance (SED), or chronic addiction (CA) unless |
---|
7483 | | - | the entity is licensed or certified by the division. |
---|
7484 | | - | (b) The division of mental health and addiction shall investigate a report of: |
---|
7485 | | - | (1) an unlicensed facility housing a community residential program described in section 3.5 of this |
---|
7486 | | - | chapter; |
---|
7487 | | - | (2) an uncertified operator of a community residential program described in section 3.5 of this |
---|
7488 | | - | chapter; or |
---|
7489 | | - | (3) a licensed or certified entity's noncompliance with this article; |
---|
7490 | | - | and report the division's findings to the attorney general. |
---|
7491 | | - | (c) The attorney general may do the following: |
---|
7492 | | - | (1) Seek the issuance of a search warrant to assist in an investigation under this section. |
---|
7493 | | - | (2) File an action for injunctive relief to stop the operation of a facility described in subsection (b) |
---|
7494 | | - | if there is reasonable cause to believe that: |
---|
7495 | | - | (A) the facility or the operator of a community residential program described in subsection (b) |
---|
7496 | | - | is operating without a required license or certification; or |
---|
7497 | | - | (B) a licensed or certified entity's actions or omissions create an immediate danger of serious |
---|
7498 | | - | bodily injury to an individual with a mental illness or an imminent danger to the health of an |
---|
7499 | | - | individual with a mental illness. |
---|
7500 | | - | (3) Seek in a civil action a civil penalty of not more than one hundred dollars ($100) a day for each |
---|
7501 | | - | day a facility is operating: |
---|
7502 | | - | HEA 1001 — CC 1 |
---|
7503 | | - | 174 (A) without a license or certification required by law; or |
---|
7504 | | - | (B) with a license or certification required under this chapter, but is not in compliance with this |
---|
7505 | | - | article, IC 12-21-2-3, or rules adopted under this article or IC 12-21-2-3. |
---|
7506 | | - | (d) The division of mental health and addiction may provide for the removal of individuals with a |
---|
7507 | | - | mental illness from facilities for individuals with a mental illness described in subsection (c). |
---|
7508 | | - | (e) There must be an opportunity for an informal meeting with the division of mental health and |
---|
7509 | | - | addiction after injunctive relief is ordered under this section. |
---|
7510 | | - | (f) The civil penalties collected under this section must be deposited in the mental health centers fund |
---|
7511 | | - | (IC 6-7-1-32.1). state general fund. |
---|
7512 | | - | SECTION 141. IC 12-23-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
7513 | | - | Sec. 3. The money in the fund does not revert to any other fund the state general fund at the close of a |
---|
7514 | | - | state fiscal year. but remains in the fund unless the money is appropriated by the general assembly under |
---|
7515 | | - | section 5 of this chapter. |
---|
7516 | | - | SECTION 142. IC 12-29-2-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, |
---|
7517 | | - | 2023]: Sec. 14. (a) An entity may not: |
---|
7518 | | - | (1) hold itself out to be a community mental health center; or |
---|
7519 | | - | (2) use the term "community mental health center"; |
---|
7520 | | - | unless the entity is certified by the division of mental health and addiction. |
---|
7521 | | - | (b) The division of mental health and addiction shall investigate a report that an entity is operating as |
---|
7522 | | - | a community mental health center without the approval of the division of mental health and addiction and |
---|
7523 | | - | report the division's findings to the attorney general. |
---|
7524 | | - | (c) Upon receiving a report made under subsection (b), the attorney general may do the following: |
---|
7525 | | - | (1) Seek the issuance of a search warrant to assist in the investigation. |
---|
7526 | | - | (2) File an action for injunctive relief to stop the operation of the entity that is the subject of the |
---|
7527 | | - | report if there is reasonable cause to believe that the entity is operating without the required approval |
---|
7528 | | - | of the division of mental health and addiction. |
---|
7529 | | - | (3) File an action for injunctive relief to stop the entity that is the subject of the report from using |
---|
7530 | | - | the term "community mental health center". |
---|
7531 | | - | (4) Seek in a civil action a civil penalty of not more than one hundred dollars ($100) a day for each |
---|
7532 | | - | day an entity is operating without the required approval of the division of mental health and |
---|
7533 | | - | addiction. |
---|
7534 | | - | (d) An opportunity for an informal meeting with the division of mental health and addiction must be |
---|
7535 | | - | provided after the injunctive relief is ordered. |
---|
7536 | | - | (e) The civil penalties collected under this section must be deposited in the mental health centers fund |
---|
7537 | | - | (IC 6-7-1-32.1). state general fund. |
---|
7538 | | - | SECTION 143. IC 13-26-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
7539 | | - | Sec. 1. (a) A district established in accordance with IC 19-3-1 (before its repeal) by an order of the court |
---|
7540 | | - | before February 17, 1972, as a special district for any purpose provided in: |
---|
7541 | | - | (1) IC 13-3-2 (before its repeal); or |
---|
7542 | | - | (2) this article; |
---|
7543 | | - | is considered to be a district under this article. |
---|
7544 | | - | (b) Orders of the court and acts of the board of directors are valid if permitted by this article. The |
---|
7545 | | - | district shall function as a district the same as if the district were established under this article. |
---|
7546 | | - | SECTION 144. IC 14-9-8-28, AS AMENDED BY P.L.114-2022, SECTION 25, IS AMENDED TO |
---|
7547 | | - | HEA 1001 — CC 1 |
---|
7548 | | - | 175 READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 28. (a) The natural resources commission shall |
---|
7549 | | - | categorize salaries of enforcement officers within each rank based upon the rank held and the number of |
---|
7550 | | - | years of service in the department through the twentieth year. The salary ranges that the commission |
---|
7551 | | - | assigns to each rank shall be divided into a base salary and twenty (20) fifteen (15) increments above the |
---|
7552 | | - | base salary with: |
---|
7553 | | - | (1) the base salary in the rank paid to a person with less than one (1) year of service in the |
---|
7554 | | - | department; and |
---|
7555 | | - | (2) the highest salary in the rank paid to a person with at least twenty (20) fifteen (15) years of |
---|
7556 | | - | service in the department. |
---|
7557 | | - | (b) The salary matrix prescribed by this section shall be reviewed and approved by the state budget |
---|
7558 | | - | agency biennially in even-numbered years before implementation. |
---|
7559 | | - | (c) The salaries for law enforcement officers of the law enforcement division of the department must |
---|
7560 | | - | be equal to the salaries of police employees of the state police department under IC 10-11-2-13, based |
---|
7561 | | - | upon years of service in the department and rank held. |
---|
7562 | | - | (d) The requirement of subsection (c) does not affect: |
---|
7563 | | - | (1) any rights or liabilities accrued; or |
---|
7564 | | - | (2) any proceedings begun; |
---|
7565 | | - | on or before June 30, 1999. Those rights, liabilities, and proceedings continue and shall be imposed and |
---|
7566 | | - | enforced under prior civil law and procedure as if the requirement of subsection (c) had not been enacted. |
---|
7567 | | - | SECTION 145. IC 14-13-6-19, AS AMENDED BY P.L.118-2009, SECTION 1, IS AMENDED TO |
---|
7568 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 19. (a) The Wabash River heritage corridor |
---|
7569 | | - | commission fund is established for the purpose of paying: |
---|
7570 | | - | (1) reimbursement of the expenses of members under section 13 of this chapter; |
---|
7571 | | - | (2) other administrative costs and expenses reasonably incurred under this chapter, including |
---|
7572 | | - | expenses for publications and postage; and |
---|
7573 | | - | (3) costs incurred in fulfilling the directives of the Wabash River heritage corridor commission |
---|
7574 | | - | master plan, including multicounty projects and marketing and educational tools such as video tape |
---|
7575 | | - | productions, signs, and promotional literature. |
---|
7576 | | - | (b) The fund shall be administered by the director under the direction of the commission. |
---|
7577 | | - | (c) The expenses of administering the fund shall be paid from money in the fund. |
---|
7578 | | - | (d) The sources of money for the fund are: |
---|
7579 | | - | (1) appropriations made to the fund; and |
---|
7580 | | - | (2) any other funds obtained by the commission under section 22 of this chapter. |
---|
7581 | | - | (e) The treasurer of state shall invest the money in the fund not currently needed to meet the |
---|
7582 | | - | obligations of the fund in the same manner as other public funds may be invested. Interest that accrues |
---|
7583 | | - | from these investments shall be deposited in the fund. |
---|
7584 | | - | (f) Money in the fund at the end of a state fiscal year does not revert to the state general fund but |
---|
7585 | | - | remains in the fund for the purposes of the fund. |
---|
7586 | | - | (g) Money in the fund is continuously appropriated for the purposes of the fund. |
---|
7587 | | - | SECTION 146. IC 15-16-10-13, AS AMENDED BY P.L.27-2015, SECTION 3, IS AMENDED TO |
---|
7588 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 30, 2023]: Sec. 13. This chapter expires July 1, 2023. 2031. |
---|
7589 | | - | SECTION 147. IC 16-21-10-13.3, AS AMENDED BY P.L.30-2016, SECTION 40, IS AMENDED |
---|
7590 | | - | TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13.3. (a) This section is effective beginning |
---|
7591 | | - | February 1, 2015. As used in this section, "plan" refers to the healthy Indiana plan established in |
---|
7592 | | - | HEA 1001 — CC 1 |
---|
7593 | | - | 176 IC 12-15-44.5. |
---|
7594 | | - | (b) Subject to subsections (c) through (e), the incremental fee under this section may be used to fund |
---|
7595 | | - | the state share of the expenses specified in this subsection if, after January 31, 2015, but before the |
---|
7596 | | - | collection of the fee under this section, the following occur: |
---|
7597 | | - | (1) The committee establishes a fee formula to be used to fund the state share of the following |
---|
7598 | | - | expenses described in this subdivision: |
---|
7599 | | - | (A) The state share of the capitated payments made to a managed care organization that contracts |
---|
7600 | | - | with the office to provide health coverage under the plan to plan enrollees other than plan |
---|
7601 | | - | enrollees who are eligible for the plan under Section 1931 of the federal Social Security Act. |
---|
7602 | | - | (B) The state share of capitated payments described in clause (A) for plan enrollees who are |
---|
7603 | | - | eligible for the plan under Section 1931 of the federal Social Security Act that are limited to the |
---|
7604 | | - | difference between: |
---|
7605 | | - | (i) the capitation rates effective September 1, 2014, developed using Medicaid reimbursement |
---|
7606 | | - | rates; and |
---|
7607 | | - | (ii) the capitation rates applicable for the plan developed using the plan's Medicare |
---|
7608 | | - | reimbursement rates described in IC 12-15-44.5-5(a)(2). |
---|
7609 | | - | (C) The state share of the state's contributions to plan enrollee accounts. |
---|
7610 | | - | (D) The state share of amounts used to pay premiums for a premium assistance plan implemented |
---|
7611 | | - | under IC 12-15-44.2-20. |
---|
7612 | | - | (E) The state share of the costs of increasing reimbursement rates for health care services |
---|
7613 | | - | provided to individuals enrolled in Medicaid programs other than the plan. physician services |
---|
7614 | | - | provided to individuals enrolled in Medicaid programs other than the plan, but not to |
---|
7615 | | - | exceed the difference between the Medicaid fee schedule for a physician service that was |
---|
7616 | | - | in effect before the implementation of the plan and the amount equal to seventy-five percent |
---|
7617 | | - | (75%) of the previous year federal Medicare reimbursement rate for a physician service. |
---|
7618 | | - | The incremental fee may not be used for the amount that exceeds seventy-five percent |
---|
7619 | | - | (75%) of the federal Medicare reimbursement rate for a physician service. |
---|
7620 | | - | (F) The state share of the state's administrative costs that, for purposes of this clause, may not |
---|
7621 | | - | exceed one hundred seventy dollars ($170) per person per plan enrollee per year, and adjusted |
---|
7622 | | - | annually by the Consumer Price Index. |
---|
7623 | | - | (G) The money described in IC 12-15-44.5-6(a) for the phase out period of the plan. |
---|
7624 | | - | (2) The committee approves a process to be used for reconciling: |
---|
7625 | | - | (A) the state share of the costs of the plan; |
---|
7626 | | - | (B) the amounts used to fund the state share of the costs of the plan; and |
---|
7627 | | - | (C) the amount of fees assessed for funding the state share of the costs of the plan. |
---|
7628 | | - | For purposes of this subdivision, "costs of the plan" includes the costs of the expenses listed in |
---|
7629 | | - | subdivision (1)(A) through (1)(G). |
---|
7630 | | - | The fees collected under subdivision (1)(A) through (1)(F) shall be deposited into the incremental hospital |
---|
7631 | | - | fee fund established by section 13.5 of this chapter. Fees described in subdivision (1)(G) shall be |
---|
7632 | | - | deposited into the phase out trust fund described in IC 12-15-44.5-7. The fees used for purposes of |
---|
7633 | | - | funding the state share of expenses listed in subdivision (1)(A) through (1)(F) may not be used to fund |
---|
7634 | | - | expenses incurred on or after the commencement of a phase out period of the plan. |
---|
7635 | | - | (c) For each state fiscal year for which the fee authorized by this section is used to fund the state share |
---|
7636 | | - | of the expenses described in subsection (b)(1), the amount of fees shall be reduced by: |
---|
7637 | | - | HEA 1001 — CC 1 |
---|
7638 | | - | 177 (1) the amount of funds annually designated by the general assembly to be deposited in the healthy |
---|
7639 | | - | Indiana plan trust fund established by IC 12-15-44.2-17; less |
---|
7640 | | - | (2) the annual cigarette tax funds annually appropriated by the general assembly for childhood |
---|
7641 | | - | immunization programs under IC 12-15-44.2-17(a)(3). |
---|
7642 | | - | (d) The incremental fee described in this section may not: |
---|
7643 | | - | (1) be assessed before July 1, 2016; and |
---|
7644 | | - | (2) be assessed or collected on or after the beginning of a phase out period of the plan. |
---|
7645 | | - | (e) This section is not intended to and may not be construed to change or affect any component of the |
---|
7646 | | - | programs established under section 8 of this chapter. |
---|
7647 | | - | SECTION 148. IC 16-21-10-21, AS AMENDED BY P.L.165-2021, SECTION 146, IS AMENDED |
---|
7648 | | - | TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 21. This chapter expires June 30, 2023. |
---|
7649 | | - | 2025. |
---|
7650 | | - | SECTION 149. IC 16-28-15-14, AS AMENDED BY P.L.165-2021, SECTION 147, IS AMENDED |
---|
7651 | | - | TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. This chapter expires June 30, 2023. |
---|
7652 | | - | 2025. |
---|
7653 | | - | SECTION 150. IC 16-41-44 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO |
---|
7654 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
7655 | | - | Chapter 44. Testing of Residential Water Supply |
---|
7656 | | - | Sec. 1. As used in this chapter, "eligible township" means: |
---|
7657 | | - | (1) the Putnam County townships of: |
---|
7658 | | - | (A) Clinton; |
---|
7659 | | - | (B) Floyd; |
---|
7660 | | - | (C) Franklin; |
---|
7661 | | - | (D) Jackson; |
---|
7662 | | - | (E) Monroe; and |
---|
7663 | | - | (F) Russell; and |
---|
7664 | | - | (2) the Montgomery County townships of: |
---|
7665 | | - | (A) Brown; |
---|
7666 | | - | (B) Clark; and |
---|
7667 | | - | (C) Scott. |
---|
7668 | | - | Sec. 2. As used in this chapter, "fund" refers to the residential water testing fund established by |
---|
7669 | | - | section 3 of this chapter. |
---|
7670 | | - | Sec. 3. (a) The residential water testing fund is established to test the water supply of an |
---|
7671 | | - | individual property owner of an eligible township. The fund shall be administered by the state |
---|
7672 | | - | department. |
---|
7673 | | - | (b) The fund consists of: |
---|
7674 | | - | (1) money appropriated to the fund by the general assembly; |
---|
7675 | | - | (2) donations; |
---|
7676 | | - | (3) gifts; and |
---|
7677 | | - | (4) money received from any other source, including transfers from other: |
---|
7678 | | - | (A) funds; or |
---|
7679 | | - | (B) accounts. |
---|
7680 | | - | (c) The treasurer of state shall invest the money in the fund not currently needed to meet the |
---|
7681 | | - | obligations of the fund in the same manner as other public funds may be invested. |
---|
7682 | | - | HEA 1001 — CC 1 |
---|
7683 | | - | 178 Sec. 4. Subject to available funds, the state department shall use money in the fund to test the |
---|
7684 | | - | water supply of an individual property owner of an eligible township, until the allocated funds are |
---|
7685 | | - | depleted. The water testing is not subject to the fee described in IC 16-41-24-10. |
---|
7686 | | - | Sec. 5. (a) An individual property owner shall have the water tested through the local health |
---|
7687 | | - | department's water testing program. |
---|
7688 | | - | (b) If the local health department testing indicates further testing for dioxin is necessary, the |
---|
7689 | | - | state department shall coordinate with the property owner to obtain a water sample in the manner |
---|
7690 | | - | necessary for dioxin testing and perform the testings in accordance with EPA standards. |
---|
7691 | | - | Sec. 6. This chapter may not be construed to create a presumption as to the source of a substance |
---|
7692 | | - | detected in a property's water supply. |
---|
7693 | | - | SECTION 151. IC 16-46-10-2.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
7694 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2.6. For counties with a city health |
---|
7695 | | - | department established under IC 16-20-4-3, funding of the city health department shall be |
---|
7696 | | - | determined based on a per capita amount as provided in section 2.2(d) of this chapter. The county |
---|
7697 | | - | fiscal body and city fiscal body shall enter into an interlocal agreement solely for the purpose of |
---|
7698 | | - | distributing the city health department's total amount of the city health department's per capita |
---|
7699 | | - | share of funding. The county shall distribute the city health department's per capita share not later |
---|
7700 | | - | than five (5) days after the date funds are received from the state department. |
---|
7701 | | - | SECTION 152. IC 20-23-18-3, AS AMENDED BY P.L.125-2022, SECTION 1, IS AMENDED TO |
---|
7702 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (c), the |
---|
7703 | | - | Muncie Community school corporation is subject to all applicable federal and state laws. |
---|
7704 | | - | (b) If a provision of this chapter conflicts with any other law, including IC 20-23-4, the provision in |
---|
7705 | | - | this chapter controls. |
---|
7706 | | - | (c) Notwithstanding subsection (a), to provide all administrative and academic flexibility to implement |
---|
7707 | | - | innovative strategies, the Muncie Community school corporation is subject only to the following IC 20 |
---|
7708 | | - | and IC 22 provisions: |
---|
7709 | | - | (1) IC 20-26-5-10 (criminal history). |
---|
7710 | | - | (2) IC 20-26-12-1 (curricular material purchase and provision; public school students). |
---|
7711 | | - | (3) IC 20-26-12-2 (curricular material purchase and rental). |
---|
7712 | | - | (2) (4) IC 20-28-5-8 (conviction of certain felonies or misdemeanors; notice and hearing; permanent |
---|
7713 | | - | revocation of license; data base of school employees who have been reported). |
---|
7714 | | - | (3) (5) IC 20-28-10-17 (school counselor immunity). |
---|
7715 | | - | (4) (6) IC 20-29 (collective bargaining) to the extent required by subsection (e). |
---|
7716 | | - | (5) (7) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative observances). |
---|
7717 | | - | (6) (8) The following: |
---|
7718 | | - | (A) IC 20-30-5-0.5 (display of the United States flag; Pledge of Allegiance). |
---|
7719 | | - | (B) IC 20-30-5-1, IC 20-30-5-2, and IC 20-30-5-3 (the constitutions of Indiana and the United |
---|
7720 | | - | States; writings, documents, and records of American history or heritage). |
---|
7721 | | - | (C) IC 20-30-5-4 (system of government; American history). |
---|
7722 | | - | (D) IC 20-30-5-5 (morals instruction). |
---|
7723 | | - | (E) IC 20-30-5-6 (good citizenship instruction). |
---|
7724 | | - | (7) (9) IC 20-32-4, concerning graduation requirements. |
---|
7725 | | - | (8) (10) IC 20-32-5.1, concerning the Indiana's Learning Evaluation Assessment Readiness Network |
---|
7726 | | - | (ILEARN) program. |
---|
7727 | | - | HEA 1001 — CC 1 |
---|
7728 | | - | 179 (9) (11) IC 20-32-8.5 (IRead3). |
---|
7729 | | - | (10) (12) IC 20-33-2 (compulsory school attendance). |
---|
7730 | | - | (11) (13) IC 20-33-8-16 (firearms and deadly weapons). |
---|
7731 | | - | (12) (14) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (student due process and judicial |
---|
7732 | | - | review). |
---|
7733 | | - | (13) (15) IC 20-33-7 (parental access to education records). |
---|
7734 | | - | (14) (16) IC 20-33-9 (reporting of student violations of law). |
---|
7735 | | - | (15) (17) IC 20-34-3 (health and safety measures). |
---|
7736 | | - | (16) (18) IC 20-35 (concerning special education). |
---|
7737 | | - | (17) (19) IC 20-39 (accounting and financial reporting procedures). |
---|
7738 | | - | (18) (20) IC 20-40 (government funds and accounts). |
---|
7739 | | - | (19) (21) IC 20-41 (extracurricular funds and accounts). |
---|
7740 | | - | (20) (22) IC 20-42 (fiduciary funds and accounts). |
---|
7741 | | - | (21) (23) IC 20-42.5 (allocation of expenditures to student instruction and learning). |
---|
7742 | | - | (22) (24) IC 20-43 (state tuition support). |
---|
7743 | | - | (23) (25) IC 20-44 (property tax levies). |
---|
7744 | | - | (24) (26) IC 20-46 (levies other than general fund levies). |
---|
7745 | | - | (25) (27) IC 20-47 (related entities; holding companies; lease agreements). |
---|
7746 | | - | (26) (28) IC 20-48 (borrowing and bonds). |
---|
7747 | | - | (27) (29) IC 20-49 (state management of common school funds; state advances and loans). |
---|
7748 | | - | (28) (30) IC 20-50 (concerning homeless children and foster care children). |
---|
7749 | | - | (29) (31) IC 22-2-18, before its expiration on June 30, 2021 (limitation on employment of minors). |
---|
7750 | | - | (d) The Muncie Community school corporation is subject to required audits by the state board of |
---|
7751 | | - | accounts under IC 5-11-1-9. |
---|
7752 | | - | (e) Except to the extent required under a collective bargaining agreement entered into before July 1, |
---|
7753 | | - | 2018, the Muncie Community school corporation is not subject to IC 20-29 unless the school corporation |
---|
7754 | | - | voluntarily recognizes an exclusive representative under IC 20-29-5-2. If the school corporation |
---|
7755 | | - | voluntarily recognizes an exclusive representative under IC 20-29-5-2, the school corporation may |
---|
7756 | | - | authorize a school within the corporation to opt out of bargaining allowable subjects or discussing |
---|
7757 | | - | discussion items by specifying the excluded items on the notice required under IC 20-29-5-2(b). The |
---|
7758 | | - | notice must be provided to the education employment relations board at the time the notice is posted. |
---|
7759 | | - | SECTION 153. IC 20-24-7-6.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
7760 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6.1. (a) This section applies to revenue |
---|
7761 | | - | collected after June 30, 2024, from a tax levy imposed under IC 20-46-8 by the governing body of |
---|
7762 | | - | a school corporation described in IC 20-46-8-11.2(a). |
---|
7763 | | - | (b) Beginning in calendar year 2025, and each year thereafter, the county auditor shall distribute |
---|
7764 | | - | money that is received as part of a tax levy collected under IC 20-46-8 to an eligible charter school, |
---|
7765 | | - | excluding a virtual charter school and adult high school, for deposit in the charter school's |
---|
7766 | | - | operations fund created under IC 20-40-18-1. The distributions shall be made at the same time that |
---|
7767 | | - | tax levy revenue is required to be distributed to school corporations. |
---|
7768 | | - | SECTION 154. IC 20-24-7-13, AS AMENDED BY P.L.165-2021, SECTION 150, IS AMENDED TO |
---|
7769 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 13. (a) After June 30, 2019, a virtual charter |
---|
7770 | | - | school may only apply for authorization with any statewide authorizer in accordance with the authorizer's |
---|
7771 | | - | guidelines. After June 30, 2019, a virtual charter school that has a charter on June 30, 2019, may renew |
---|
7772 | | - | HEA 1001 — CC 1 |
---|
7773 | | - | 180 a charter only with a statewide authorizer. An authorizer described in IC 20-24-1-2.5(1) and |
---|
7774 | | - | IC 20-24-1-2.5(3) is not considered a statewide authorizer. |
---|
7775 | | - | (b) For each state fiscal year, a virtual charter school is entitled to receive funding in a month from the |
---|
7776 | | - | state in an amount equal to: |
---|
7777 | | - | (1) the quotient of: |
---|
7778 | | - | (A) the school's basic tuition support determined under IC 20-43-6-3; divided by |
---|
7779 | | - | (B) twelve (12); plus |
---|
7780 | | - | (2) the total of any: |
---|
7781 | | - | (A) special education grants under IC 20-43-7; |
---|
7782 | | - | (B) career and technical education grants under IC 20-43-8; and |
---|
7783 | | - | (C) honor grants under IC 20-43-10; |
---|
7784 | | - | (C) non-English speaking program grants under IC 20-43-10-4; and |
---|
7785 | | - | (D) academic performance grants under IC 20-43-10.5; |
---|
7786 | | - | to which the virtual charter school is entitled for the month. |
---|
7787 | | - | For each state fiscal year, a virtual charter school's special education grants under IC 20-43-7 shall be |
---|
7788 | | - | calculated in the same manner as special education grants are calculated for other school corporations. |
---|
7789 | | - | (c) The state board shall adopt rules under IC 4-22-2 to govern the operation of virtual charter schools. |
---|
7790 | | - | (d) Each authorizer of a virtual charter school shall establish requirements or guidelines for virtual |
---|
7791 | | - | charter schools authorized by the authorizer that include the following: |
---|
7792 | | - | (1) Minimum requirements for the mandatory annual onboarding process and orientation required |
---|
7793 | | - | under IC 20-24-5-4.5, which shall include a requirement that a virtual charter school must provide |
---|
7794 | | - | to a parent of a student: |
---|
7795 | | - | (A) the student engagement and attendance requirements or policies of the virtual charter school; |
---|
7796 | | - | and |
---|
7797 | | - | (B) notice that a person who knowingly or intentionally deprives a dependent of education |
---|
7798 | | - | commits a violation under IC 35-46-1-4. |
---|
7799 | | - | (2) Requirements relating to tracking and monitoring student participation and attendance. |
---|
7800 | | - | (3) Ongoing student engagement and counseling policy requirements. |
---|
7801 | | - | (4) Employee policy requirements, including professional development requirements. |
---|
7802 | | - | (e) The department, with the approval of the state board, shall before December 1 of each year submit |
---|
7803 | | - | an annual report to the budget committee concerning the program under this section. |
---|
7804 | | - | (f) Each school year, at least sixty percent (60%) of the students who are enrolled in virtual charter |
---|
7805 | | - | schools under this section for the first time must have been included in the state's fall count of ADM |
---|
7806 | | - | conducted in the previous school year. |
---|
7807 | | - | (g) Each virtual charter school shall report annually to the department concerning the following, on |
---|
7808 | | - | a schedule determined by the department: |
---|
7809 | | - | (1) Classroom size. |
---|
7810 | | - | (2) The ratio of teachers per classroom. |
---|
7811 | | - | (3) The number of student-teacher meetings conducted in person or by video conference. |
---|
7812 | | - | (4) Any other information determined by the department. |
---|
7813 | | - | The department shall provide this information annually to the state board and the legislative council in |
---|
7814 | | - | an electronic format under IC 5-14-6. |
---|
7815 | | - | HEA 1001 — CC 1 |
---|
7816 | | - | 181 (h) A virtual charter school shall adopt a student engagement policy. A student who regularly fails to |
---|
7817 | | - | participate in courses may be withdrawn from enrollment under policies adopted by the virtual charter |
---|
7818 | | - | school. The policies adopted by the virtual charter school must ensure that: |
---|
7819 | | - | (1) adequate notice of the withdrawal is provided to the parent and the student; and |
---|
7820 | | - | (2) an opportunity is provided, before the withdrawal of the student by the virtual charter school, for |
---|
7821 | | - | the student or the parent to demonstrate that failure to participate in the course is due to an event that |
---|
7822 | | - | would be considered an excused absence under IC 20-33-2. |
---|
7823 | | - | (i) A student who is withdrawn from enrollment for failure to participate in courses pursuant to the |
---|
7824 | | - | school's student engagement policy may not reenroll in that same virtual charter school for the school year |
---|
7825 | | - | in which the student is withdrawn. |
---|
7826 | | - | (j) An authorizer shall review and monitor whether a virtual charter school that is authorized by the |
---|
7827 | | - | authorizer complies with the requirements described in subsections (h) and (i). |
---|
7828 | | - | SECTION 155. IC 20-24-7-13.5, AS AMENDED BY P.L.165-2021, SECTION 151, IS AMENDED |
---|
7829 | | - | TO READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 13.5. (a) This section applies to the |
---|
7830 | | - | following charter schools: |
---|
7831 | | - | (1) The Excel Centers for Adult Learners. |
---|
7832 | | - | (2) The Christel House DORS centers. |
---|
7833 | | - | (3) The Gary Middle College charter schools. |
---|
7834 | | - | (b) Notwithstanding any other law, for a state fiscal year, a charter school described in subsection (a) |
---|
7835 | | - | is entitled to receive funding from the state in an amount equal to the product of: |
---|
7836 | | - | (1) the charter school's number of students who are Indiana residents (expressed as full-time |
---|
7837 | | - | equivalents); multiplied by |
---|
7838 | | - | (2) six thousand seven hundred fifty dollars ($6,750) beginning July 1, 2017. |
---|
7839 | | - | (c) However, in the case of the charter school described in subsection (a)(3), the funding under this |
---|
7840 | | - | section applies only for those students who are twenty-two (22) years of age and older. In addition, the |
---|
7841 | | - | total number of students (expressed as full-time equivalents) of all adult learners in charter schools |
---|
7842 | | - | covered by this section may not exceed the following: |
---|
7843 | | - | (1) For the 2021-2022 2023-2024 state fiscal year: |
---|
7844 | | - | (A) For the Christel House DORS centers, eight hundred twenty-five (825) one thousand (1,000) |
---|
7845 | | - | adult learner students. |
---|
7846 | | - | (B) For the Gary Middle College charter schools, two hundred fifty (250) adult learner students. |
---|
7847 | | - | (C) For the Excel Centers for Adult Learners, four thousand nine hundred (4,900) five thousand |
---|
7848 | | - | three hundred fifty (5,350) adult learner students. |
---|
7849 | | - | (2) For the 2022-2023 2024-2025 state fiscal year: |
---|
7850 | | - | (A) For the Christel House DORS centers, eight hundred twenty-five (825) one thousand (1,000) |
---|
7851 | | - | adult learner students. |
---|
7852 | | - | (B) For the Gary Middle College charter schools, two hundred fifty (250) adult learner students. |
---|
7853 | | - | (C) For the Excel Centers for Adult Learners, four thousand nine hundred (4,900) six thousand |
---|
7854 | | - | five hundred fifty (6,550) adult learner students. |
---|
7855 | | - | (d) A charter school described in subsection (a) is entitled to receive federal special education funding. |
---|
7856 | | - | (e) The state funding under this section shall be paid each state fiscal year under a schedule set by the |
---|
7857 | | - | budget agency and approved by the governor. However, the schedule shall provide for at least twelve (12) |
---|
7858 | | - | payments, that one (1) payment shall be made at least every forty (40) days, and the aggregate of the |
---|
7859 | | - | payments in each state fiscal year shall equal the amount required under this section. However, if the |
---|
7860 | | - | HEA 1001 — CC 1 |
---|
7861 | | - | 182 appropriations for this purpose are insufficient, the distributions to each recipient shall be reduced |
---|
7862 | | - | proportionately. |
---|
7863 | | - | (f) A charter school that receives funding as provided in this section must report the following |
---|
7864 | | - | information annually to the state board and (in an electronic format under IC 5-14-6) to the legislative |
---|
7865 | | - | council, on a schedule specified by the state board: |
---|
7866 | | - | (1) The number of adult learners enrolled in the charter school during the preceding year. |
---|
7867 | | - | (2) The demographics of the adult learners enrolled in the charter school during the preceding year |
---|
7868 | | - | (in a format requested by the state board). |
---|
7869 | | - | (3) The graduation rates of the adult learners enrolled in the charter school during the preceding |
---|
7870 | | - | year. |
---|
7871 | | - | (4) The outcomes for adult learners enrolled in the charter school, as of graduation and as of two (2) |
---|
7872 | | - | years after graduation. A charter school must include information concerning students' job placement |
---|
7873 | | - | outcomes, information concerning students' matriculation into higher education, and any other |
---|
7874 | | - | information concerning outcomes required by the state board. |
---|
7875 | | - | (g) This section expires June 30, 2023. 2025. |
---|
7876 | | - | SECTION 156. IC 20-24-8-2, AS AMENDED BY P.L.38-2020, SECTION 3, IS AMENDED TO |
---|
7877 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) A charter school may not do the |
---|
7878 | | - | following: |
---|
7879 | | - | (1) Operate at a site or for grades other than as specified in the charter. |
---|
7880 | | - | (2) Charge tuition to any student residing within the school corporation's geographic boundaries. |
---|
7881 | | - | However, a charter school may charge tuition for: |
---|
7882 | | - | (A) a preschool program, unless charging tuition for the preschool program is barred under |
---|
7883 | | - | federal law; or |
---|
7884 | | - | (B) a latch key program; |
---|
7885 | | - | if the charter school provides those programs. |
---|
7886 | | - | (3) Except as provided under IC 20-26-19 and except for a foreign exchange student who is not a |
---|
7887 | | - | United States citizen, enroll a student who is not a resident of Indiana. |
---|
7888 | | - | (4) Be located in a private residence. |
---|
7889 | | - | (5) Provide solely home based instruction. |
---|
7890 | | - | (6) Except as provided in IC 20-26-12-1(b), assess a rental fee or require payment of any other |
---|
7891 | | - | fee for a student's use of curricular material. |
---|
7892 | | - | (b) A charter school is not prohibited from delivering instructional services: |
---|
7893 | | - | (1) through the Internet or another online arrangement; or |
---|
7894 | | - | (2) in any manner by computer; |
---|
7895 | | - | if the instructional services are provided to students enrolled in the charter school in a manner that |
---|
7896 | | - | complies with any procedures adopted by the department concerning online and computer instruction in |
---|
7897 | | - | public schools. |
---|
7898 | | - | SECTION 157. IC 20-24-8-5, AS AMENDED BY P.L.126-2022, SECTION 1, IS AMENDED TO |
---|
7899 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. The following statutes and rules and |
---|
7900 | | - | guidelines adopted under the following statutes apply to a charter school: |
---|
7901 | | - | (1) IC 5-11-1-9 (required audits by the state board of accounts). |
---|
7902 | | - | (2) IC 20-39-1-1 (unified accounting system). |
---|
7903 | | - | (3) IC 20-35 (special education). |
---|
7904 | | - | (4) IC 20-26-5-10 (criminal history). |
---|
7905 | | - | HEA 1001 — CC 1 |
---|
7906 | | - | 183 (5) IC 20-26-5-6 (subject to laws requiring regulation by state agencies). |
---|
7907 | | - | (6) IC 20-28-10-12 (nondiscrimination for teacher marital status). |
---|
7908 | | - | (7) IC 20-28-10-14 (teacher freedom of association). |
---|
7909 | | - | (8) IC 20-28-10-17 (school counselor immunity). |
---|
7910 | | - | (9) For conversion charter schools only if the conversion charter school elects to collectively bargain |
---|
7911 | | - | under IC 20-24-6-3(b), IC 20-28-6, IC 20-28-7.5, IC 20-28-8, IC 20-28-9, and IC 20-28-10. |
---|
7912 | | - | (10) IC 20-33-2 (compulsory school attendance). |
---|
7913 | | - | (11) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (student due process and judicial review). |
---|
7914 | | - | (12) IC 20-33-8-16 (firearms and deadly weapons). |
---|
7915 | | - | (13) IC 20-34-3 (health and safety measures). |
---|
7916 | | - | (14) IC 20-33-9 (reporting of student violations of law). |
---|
7917 | | - | (15) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative observances). |
---|
7918 | | - | (16) IC 20-31-3, IC 20-32-4, IC 20-32-5 (for a school year ending before July 1, 2018), IC 20-32-5.1 |
---|
7919 | | - | (for a school year beginning after June 30, 2018), IC 20-32-8, and IC 20-32-8.5, as provided in |
---|
7920 | | - | IC 20-32-8.5-2(b) (academic standards, accreditation, assessment, and remediation). |
---|
7921 | | - | (17) IC 20-33-7 (parental access to education records). |
---|
7922 | | - | (18) IC 20-31 (accountability for school performance and improvement). |
---|
7923 | | - | (19) IC 20-30-5-19 (personal financial responsibility instruction). |
---|
7924 | | - | (20) IC 20-26-5-37.3, before its expiration (career and technical education reporting). |
---|
7925 | | - | (21) IC 20-35.5 (dyslexia screening and intervention). |
---|
7926 | | - | (22) IC 22-2-18, before its expiration on June 30, 2021 (limitations on employment of minors). |
---|
7927 | | - | (23) IC 20-26-12-1 (curricular material purchase and provision; public school students). |
---|
7928 | | - | (24) IC 20-26-12-2 (curricular material purchase and rental). |
---|
7929 | | - | SECTION 158. IC 20-24-13-6, AS AMENDED BY P.L.165-2021, SECTION 152, IS AMENDED TO |
---|
7930 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 6. The annual grant amount for a school for |
---|
7931 | | - | a state fiscal year is the following: |
---|
7932 | | - | (1) For the state fiscal year beginning July 1, 2021: |
---|
7933 | | - | (A) one thousand dollars ($1,000); multiplied by |
---|
7934 | | - | (B) the number of eligible pupils who are counted in the current ADM of the school. |
---|
7935 | | - | (2) For the state fiscal year beginning July 1, 2022: and each state fiscal year thereafter: |
---|
7936 | | - | (A) one thousand two hundred fifty dollars ($1,250); multiplied by |
---|
7937 | | - | (B) the number of eligible pupils who are counted in the current ADM of the school. |
---|
7938 | | - | (3) For the state fiscal year beginning July 1, 2023, and each state fiscal year thereafter: |
---|
7939 | | - | (A) one thousand four hundred dollars ($1,400); multiplied by |
---|
7940 | | - | (B) the number of eligible pupils who are counted in the current ADM of the school. |
---|
7941 | | - | SECTION 159. IC 20-25.7-5-2, AS AMENDED BY P.L.165-2021, SECTION 153, IS AMENDED |
---|
7942 | | - | TO READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 2. (a) The board may enter into an |
---|
7943 | | - | agreement with an organizer to reconstitute an eligible school as a participating innovation network |
---|
7944 | | - | charter school or to establish a participating innovation network charter school at a location selected by |
---|
7945 | | - | the board within the boundary of the school corporation. Notwithstanding IC 20-26-7.1, a participating |
---|
7946 | | - | innovation network charter school may be established within a vacant school building. |
---|
7947 | | - | (b) The terms of the agreement entered into between the board and an organizer must specify the |
---|
7948 | | - | following: |
---|
7949 | | - | HEA 1001 — CC 1 |
---|
7950 | | - | 184 (1) A statement that the organizer authorizes the department to include the charter school's |
---|
7951 | | - | performance assessment results under IC 20-31-8 when calculating the school corporation's |
---|
7952 | | - | performance assessment under rules adopted by the state board. |
---|
7953 | | - | (2) The amount of state funding, including tuition support (if the participating innovation network |
---|
7954 | | - | charter school is treated in the same manner as a school operated by the school corporation under |
---|
7955 | | - | subsection (d)(2)), and money levied as property taxes that will be distributed by the school |
---|
7956 | | - | corporation to the organizer. |
---|
7957 | | - | (3) The performance goals and accountability metrics agreed upon for the charter school in the |
---|
7958 | | - | charter agreement between the organizer and the authorizer. |
---|
7959 | | - | (c) If an organizer and the board enter into an agreement under subsection (a), the organizer and the |
---|
7960 | | - | board shall notify the department that the agreement has been made under this section within thirty (30) |
---|
7961 | | - | days after the agreement is entered into. |
---|
7962 | | - | (d) Upon receipt of the notification under subsection (c), for school years starting after the date of the |
---|
7963 | | - | agreement: |
---|
7964 | | - | (1) the department shall include the participating innovation network charter school's performance |
---|
7965 | | - | assessment results under IC 20-31-8 when calculating the school corporation's performance |
---|
7966 | | - | assessment under rules adopted by the state board; |
---|
7967 | | - | (2) the department shall treat the participating innovation network charter school in the same manner |
---|
7968 | | - | as a school operated by the school corporation when calculating the total amount of state funding |
---|
7969 | | - | to be distributed to the school corporation unless subsection (e) applies; and |
---|
7970 | | - | (3) if requested by a participating innovation network charter school that reconstitutes an eligible |
---|
7971 | | - | school, the department may use student growth as the state board's exclusive means to determine the |
---|
7972 | | - | innovation network charter school's category or designation of school improvement under 511 |
---|
7973 | | - | IAC 6.2-10-10 for a period of three (3) years. Beginning with the 2019-2020 school year, the |
---|
7974 | | - | department may not use student growth as the state board's exclusive means to determine an |
---|
7975 | | - | innovation network charter school's category or designation of school improvement. This subdivision |
---|
7976 | | - | expires July 1, 2023. |
---|
7977 | | - | (e) If a participating innovation network school was established before January 1, 2016, and for the |
---|
7978 | | - | current school year has a complexity index that is greater than the complexity index for the school |
---|
7979 | | - | corporation that the innovation network school has contracted with, the innovation network school shall |
---|
7980 | | - | be treated as a charter school for purposes of determining tuition support. This subsection expires June |
---|
7981 | | - | 30, 2023. 2025. |
---|
7982 | | - | SECTION 160. IC 20-26-5-4, AS AMENDED BY P.L.270-2019, SECTION 9, IS AMENDED TO |
---|
7983 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) In carrying out the school purposes of |
---|
7984 | | - | a school corporation, the governing body acting on the school corporation's behalf has the following |
---|
7985 | | - | specific powers: |
---|
7986 | | - | (1) In the name of the school corporation, to sue and be sued and to enter into contracts in matters |
---|
7987 | | - | permitted by applicable law. However, a governing body may not use funds received from the state |
---|
7988 | | - | to bring or join in an action against the state, unless the governing body is challenging an adverse |
---|
7989 | | - | decision by a state agency, board, or commission. |
---|
7990 | | - | (2) To take charge of, manage, and conduct the educational affairs of the school corporation and to |
---|
7991 | | - | establish, locate, and provide the necessary schools, school libraries, other libraries where permitted |
---|
7992 | | - | by law, other buildings, facilities, property, and equipment. |
---|
7993 | | - | HEA 1001 — CC 1 |
---|
7994 | | - | 185 (3) To appropriate from the school corporation's general fund (before January 1, 2019) or the school |
---|
7995 | | - | corporation's operations fund (after December 31, 2018) an amount, not to exceed the greater of |
---|
7996 | | - | three thousand dollars ($3,000) per budget year or one dollar ($1) per pupil, not to exceed twelve |
---|
7997 | | - | thousand five hundred dollars ($12,500), based on the school corporation's ADM of the previous |
---|
7998 | | - | year (as defined in IC 20-43-1-7) to promote the best interests of the school corporation through: |
---|
7999 | | - | (A) the purchase of meals, decorations, memorabilia, or awards; |
---|
8000 | | - | (B) provision for expenses incurred in interviewing job applicants; or |
---|
8001 | | - | (C) developing relations with other governmental units. |
---|
8002 | | - | (4) To do the following: |
---|
8003 | | - | (A) Acquire, construct, erect, maintain, hold, and contract for construction, erection, or |
---|
8004 | | - | maintenance of real estate, real estate improvements, or an interest in real estate or real estate |
---|
8005 | | - | improvements, as the governing body considers necessary for school purposes, including |
---|
8006 | | - | buildings, parts of buildings, additions to buildings, rooms, gymnasiums, auditoriums, |
---|
8007 | | - | playgrounds, playing and athletic fields, facilities for physical training, buildings for |
---|
8008 | | - | administrative, office, warehouse, repair activities, or housing school owned buses, landscaping, |
---|
8009 | | - | walks, drives, parking areas, roadways, easements and facilities for power, sewer, water, |
---|
8010 | | - | roadway, access, storm and surface water, drinking water, gas, electricity, other utilities and |
---|
8011 | | - | similar purposes, by purchase, either outright for cash (or under conditional sales or purchase |
---|
8012 | | - | money contracts providing for a retention of a security interest by the seller until payment is |
---|
8013 | | - | made or by notes where the contract, security retention, or note is permitted by applicable law), |
---|
8014 | | - | by exchange, by gift, by devise, by eminent domain, by lease with or without option to purchase, |
---|
8015 | | - | or by lease under IC 20-47-2, IC 20-47-3, or IC 20-47-5. |
---|
8016 | | - | (B) Repair, remodel, remove, or demolish, or to contract for the repair, remodeling, removal, or |
---|
8017 | | - | demolition of the real estate, real estate improvements, or interest in the real estate or real estate |
---|
8018 | | - | improvements, as the governing body considers necessary for school purposes. |
---|
8019 | | - | (C) Provide for conservation measures through utility efficiency programs or under a guaranteed |
---|
8020 | | - | savings contract as described in IC 36-1-12.5. |
---|
8021 | | - | (5) To acquire personal property or an interest in personal property as the governing body considers |
---|
8022 | | - | necessary for school purposes, including buses, motor vehicles, equipment, apparatus, appliances, |
---|
8023 | | - | books, furniture, and supplies, either by cash purchase or under conditional sales or purchase money |
---|
8024 | | - | contracts providing for a security interest by the seller until payment is made or by notes where the |
---|
8025 | | - | contract, security, retention, or note is permitted by applicable law, by gift, by devise, by loan, or by |
---|
8026 | | - | lease with or without option to purchase and to repair, remodel, remove, relocate, and demolish the |
---|
8027 | | - | personal property. All purchases and contracts specified under the powers authorized under |
---|
8028 | | - | subdivision (4) and this subdivision are subject solely to applicable law relating to purchases and |
---|
8029 | | - | contracting by municipal corporations in general and to the supervisory control of state agencies as |
---|
8030 | | - | provided in section 6 of this chapter. |
---|
8031 | | - | (6) To sell or exchange real or personal property or interest in real or personal property that, in the |
---|
8032 | | - | opinion of the governing body, is not necessary for school purposes, in accordance with IC 20-26-7 |
---|
8033 | | - | and IC 20-26-7.1, to demolish or otherwise dispose of the property if, in the opinion of the governing |
---|
8034 | | - | body, the property is not necessary for school purposes and is worthless, and to pay the expenses for |
---|
8035 | | - | the demolition or disposition. |
---|
8036 | | - | (7) To lease any school property for a rental that the governing body considers reasonable or to |
---|
8037 | | - | permit the free use of school property for: |
---|
8038 | | - | HEA 1001 — CC 1 |
---|
8039 | | - | 186 (A) civic or public purposes; or |
---|
8040 | | - | (B) the operation of a school age child care program for children who are at least five (5) years |
---|
8041 | | - | of age and less than fifteen (15) years of age that operates before or after the school day, or both, |
---|
8042 | | - | and during periods when school is not in session; |
---|
8043 | | - | if the property is not needed for school purposes. Under this subdivision, the governing body may |
---|
8044 | | - | enter into a long term lease with a nonprofit corporation, community service organization, or other |
---|
8045 | | - | governmental entity, if the corporation, organization, or other governmental entity will use the |
---|
8046 | | - | property to be leased for civic or public purposes or for a school age child care program. However, |
---|
8047 | | - | if payment for the property subject to a long term lease is made from money in the school |
---|
8048 | | - | corporation's debt service fund, all proceeds from the long term lease must be deposited in the school |
---|
8049 | | - | corporation's debt service fund so long as payment for the property has not been made. The |
---|
8050 | | - | governing body may, at the governing body's option, use the procedure specified in IC 36-1-11-10 |
---|
8051 | | - | in leasing property under this subdivision. |
---|
8052 | | - | (8) To do the following: |
---|
8053 | | - | (A) Employ, contract for, and discharge superintendents, supervisors, principals, teachers, |
---|
8054 | | - | librarians, athletic coaches (whether or not they are otherwise employed by the school |
---|
8055 | | - | corporation and whether or not they are licensed under IC 20-28-5), business managers, |
---|
8056 | | - | superintendents of buildings and grounds, janitors, engineers, architects, physicians, dentists, |
---|
8057 | | - | nurses, accountants, teacher aides performing noninstructional duties, educational and other |
---|
8058 | | - | professional consultants, data processing and computer service for school purposes, including |
---|
8059 | | - | the making of schedules, the keeping and analyzing of grades and other student data, the keeping |
---|
8060 | | - | and preparing of warrants, payroll, and similar data where approved by the state board of |
---|
8061 | | - | accounts as provided below, and other personnel or services as the governing body considers |
---|
8062 | | - | necessary for school purposes. |
---|
8063 | | - | (B) Fix and pay the salaries and compensation of persons and services described in this |
---|
8064 | | - | subdivision that are consistent with IC 20-28-9-1.5. |
---|
8065 | | - | (C) Classify persons or services described in this subdivision and to adopt a compensation plan |
---|
8066 | | - | with a salary range that is consistent with IC 20-28-9-1.5. |
---|
8067 | | - | (D) Determine the number of the persons or the amount of the services employed or contracted |
---|
8068 | | - | for as provided in this subdivision. |
---|
8069 | | - | (E) Determine the nature and extent of the duties of the persons described in this subdivision. |
---|
8070 | | - | The compensation, terms of employment, and discharge of teachers are, however, subject to and |
---|
8071 | | - | governed by the laws relating to employment, contracting, compensation, and discharge of teachers. |
---|
8072 | | - | The compensation, terms of employment, and discharge of bus drivers are subject to and governed |
---|
8073 | | - | by laws relating to employment, contracting, compensation, and discharge of bus drivers. |
---|
8074 | | - | (9) Notwithstanding the appropriation limitation in subdivision (3), when the governing body by |
---|
8075 | | - | resolution considers a trip by an employee of the school corporation or by a member of the |
---|
8076 | | - | governing body to be in the interest of the school corporation, including attending meetings, |
---|
8077 | | - | conferences, or examining equipment, buildings, and installation in other areas, to permit the |
---|
8078 | | - | employee to be absent in connection with the trip without any loss in pay and to reimburse the |
---|
8079 | | - | employee or the member the employee's or member's reasonable lodging and meal expenses and |
---|
8080 | | - | necessary transportation expenses. To pay teaching personnel for time spent in sponsoring and |
---|
8081 | | - | working with school related trips or activities. |
---|
8082 | | - | HEA 1001 — CC 1 |
---|
8083 | | - | 187 (10) Subject to IC 20-27-13, to transport children to and from school, when in the opinion of the |
---|
8084 | | - | governing body the transportation is necessary, including considerations for the safety of the |
---|
8085 | | - | children. The transportation must be otherwise in accordance with applicable law. |
---|
8086 | | - | (11) To provide a lunch program for a part or all of the students attending the schools of the school |
---|
8087 | | - | corporation, including the establishment of kitchens, kitchen facilities, kitchen equipment, lunch |
---|
8088 | | - | rooms, the hiring of the necessary personnel to operate the lunch program, and the purchase of |
---|
8089 | | - | material and supplies for the lunch program, charging students for the operational costs of the lunch |
---|
8090 | | - | program, fixing the price per meal or per food item. To operate the lunch program as an |
---|
8091 | | - | extracurricular activity, subject to the supervision of the governing body. To participate in a surplus |
---|
8092 | | - | commodity or lunch aid program. |
---|
8093 | | - | (12) To: |
---|
8094 | | - | (A) purchase curricular materials and to furnish curricular materials without cost; or to rent |
---|
8095 | | - | curricular materials to students, and to participate in a curricular materials aid program, all in |
---|
8096 | | - | accordance with applicable law. and |
---|
8097 | | - | (B) assess and collect a reasonable fee for lost or significantly damaged curricular |
---|
8098 | | - | materials. |
---|
8099 | | - | (13) To accept students transferred from other school corporations and to transfer students to other |
---|
8100 | | - | school corporations in accordance with applicable law. |
---|
8101 | | - | (14) To make budgets, to appropriate funds, and to disburse the money of the school corporation in |
---|
8102 | | - | accordance with applicable law. To borrow money against current tax collections and otherwise to |
---|
8103 | | - | borrow money, in accordance with IC 20-48-1. |
---|
8104 | | - | (15) To purchase insurance or to establish and maintain a program of self-insurance relating to the |
---|
8105 | | - | liability of the school corporation or the school corporation's employees in connection with motor |
---|
8106 | | - | vehicles or property and for additional coverage to the extent permitted and in accordance with |
---|
8107 | | - | IC 34-13-3-20. To purchase additional insurance or to establish and maintain a program of |
---|
8108 | | - | self-insurance protecting the school corporation and members of the governing body, employees, |
---|
8109 | | - | contractors, or agents of the school corporation from liability, risk, accident, or loss related to school |
---|
8110 | | - | property, school contract, school or school related activity, including the purchase of insurance or |
---|
8111 | | - | the establishment and maintenance of a self-insurance program protecting persons described in this |
---|
8112 | | - | subdivision against false imprisonment, false arrest, libel, or slander for acts committed in the course |
---|
8113 | | - | of the persons' employment, protecting the school corporation for fire and extended coverage and |
---|
8114 | | - | other casualty risks to the extent of replacement cost, loss of use, and other insurable risks relating |
---|
8115 | | - | to property owned, leased, or held by the school corporation. In accordance with IC 20-26-17, to: |
---|
8116 | | - | (A) participate in a state employee health plan under IC 5-10-8-6.7; |
---|
8117 | | - | (B) purchase insurance; or |
---|
8118 | | - | (C) establish and maintain a program of self-insurance; |
---|
8119 | | - | to benefit school corporation employees, including accident, sickness, health, or dental coverage, |
---|
8120 | | - | provided that a plan of self-insurance must include an aggregate stop-loss provision. |
---|
8121 | | - | (16) To make all applications, to enter into all contracts, and to sign all documents necessary for the |
---|
8122 | | - | receipt of aid, money, or property from the state, the federal government, or from any other source. |
---|
8123 | | - | (17) To defend a member of the governing body or any employee of the school corporation in any |
---|
8124 | | - | suit arising out of the performance of the member's or employee's duties for or employment with, |
---|
8125 | | - | the school corporation, if the governing body by resolution determined that the action was taken in |
---|
8126 | | - | good faith. To save any member or employee harmless from any liability, cost, or damage in |
---|
8127 | | - | HEA 1001 — CC 1 |
---|
8128 | | - | 188 connection with the performance, including the payment of legal fees, except where the liability, |
---|
8129 | | - | cost, or damage is predicated on or arises out of the bad faith of the member or employee, or is a |
---|
8130 | | - | claim or judgment based on the member's or employee's malfeasance in office or employment. |
---|
8131 | | - | (18) To prepare, make, enforce, amend, or repeal rules, regulations, and procedures: |
---|
8132 | | - | (A) for the government and management of the schools, property, facilities, and activities of the |
---|
8133 | | - | school corporation, the school corporation's agents, employees, and pupils and for the operation |
---|
8134 | | - | of the governing body; and |
---|
8135 | | - | (B) that may be designated by an appropriate title such as "policy handbook", "bylaws", or "rules |
---|
8136 | | - | and regulations". |
---|
8137 | | - | (19) To ratify and approve any action taken by a member of the governing body, an officer of the |
---|
8138 | | - | governing body, or an employee of the school corporation after the action is taken, if the action could |
---|
8139 | | - | have been approved in advance, and in connection with the action to pay the expense or |
---|
8140 | | - | compensation permitted under IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-26-12-1, |
---|
8141 | | - | IC 20-40-12, and IC 20-48-1 or any other law. |
---|
8142 | | - | (20) To exercise any other power and make any expenditure in carrying out the governing body's |
---|
8143 | | - | general powers and purposes provided in this chapter or in carrying out the powers delineated in this |
---|
8144 | | - | section which is reasonable from a business or educational standpoint in carrying out school |
---|
8145 | | - | purposes of the school corporation, including the acquisition of property or the employment or |
---|
8146 | | - | contracting for services, even though the power or expenditure is not specifically set out in this |
---|
8147 | | - | chapter. The specific powers set out in this section do not limit the general grant of powers provided |
---|
8148 | | - | in this chapter except where a limitation is set out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, |
---|
8149 | | - | IC 20-40-12, IC 20-40-18 (after December 31, 2018), and IC 20-48-1 by specific language or by |
---|
8150 | | - | reference to other law. |
---|
8151 | | - | (b) A superintendent hired under subsection (a)(8): |
---|
8152 | | - | (1) is not required to hold a teacher's license under IC 20-28-5; and |
---|
8153 | | - | (2) is required to have obtained at least a master's degree from an accredited postsecondary |
---|
8154 | | - | educational institution. |
---|
8155 | | - | SECTION 161. IC 20-26-5-38, AS ADDED BY P.L.94-2019, SECTION 1, IS AMENDED TO READ |
---|
8156 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 38. (a) As used in this section, "juvenile detention |
---|
8157 | | - | facility" refers to the following: |
---|
8158 | | - | (1) A juvenile detention facility under IC 31-31-8. |
---|
8159 | | - | (2) A juvenile detention center under IC 31-31-9. |
---|
8160 | | - | (3) A shelter care facility that is licensed to care for more than ten (10) children. |
---|
8161 | | - | (b) As used in this section, "school materials" includes curricular materials and syllabi for a particular |
---|
8162 | | - | grade level or course. The term does not include hardware that will be consumed, accessed, or used by |
---|
8163 | | - | a single student during a semester or school year. |
---|
8164 | | - | (c) If a child is or will be detained in a juvenile detention facility for more than seven (7) calendar |
---|
8165 | | - | days, the school corporation shall, upon request by the juvenile detention facility or the child's parent, |
---|
8166 | | - | provide to the juvenile detention facility the school materials for the grade level or courses in which the |
---|
8167 | | - | child is enrolled or would be enrolled if the child were not detained. The school corporation may provide |
---|
8168 | | - | the school materials in an electronic format. |
---|
8169 | | - | (d) The school corporation shall, upon request by the juvenile detention facility or the child's parent, |
---|
8170 | | - | deliver to the juvenile detention facility the school materials described in subsection (c) at least once |
---|
8171 | | - | every seven (7) calendar days, excluding any days that are not student instructional days. |
---|
8172 | | - | HEA 1001 — CC 1 |
---|
8173 | | - | 189 (e) Except for the assessment of rental fees for curricular materials under IC 20-26-12, The school |
---|
8174 | | - | corporation is responsible for any costs associated with preparing and delivering school materials under |
---|
8175 | | - | this section. |
---|
8176 | | - | (f) The school corporation is not required to provide school materials that have been requested by a |
---|
8177 | | - | juvenile detention facility or the child's parent under this section if the: |
---|
8178 | | - | (1) child is released from the juvenile detention facility; or |
---|
8179 | | - | (2) juvenile detention facility or the child's parent requests that the school corporation no longer |
---|
8180 | | - | provide the school materials. |
---|
8181 | | - | SECTION 162. IC 20-26-5-42.1, AS ADDED BY P.L.148-2022, SECTION 2, IS AMENDED TO |
---|
8182 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 42.1. (a) Not later than April 15 of each year, |
---|
8183 | | - | each school corporation and charter school shall report to the department the number of students who |
---|
8184 | | - | meet the following conditions during the student's expected graduation year (as defined in IC 20-26-13-4): |
---|
8185 | | - | (1) The student was enrolled in the school corporation on the day in September fixed by the state |
---|
8186 | | - | board for the fall count of students fall count day of ADM established under IC 20-43-4-3. |
---|
8187 | | - | (2) The student successfully completed Indiana high school graduation requirements before the day |
---|
8188 | | - | in February fixed by the state board for the spring count of students under IC 20-43-4-3. |
---|
8189 | | - | (3) The student was not enrolled in the school corporation on the day in February fixed by the state |
---|
8190 | | - | board for the spring count of students under IC 20-43-4-3. |
---|
8191 | | - | (b) In addition to the number provided under subsection (a), each school corporation and charter |
---|
8192 | | - | school shall submit information prescribed by the department that is necessary to verify the number |
---|
8193 | | - | reported under subsection (a). |
---|
8194 | | - | SECTION 163. IC 20-26-12-1, AS AMENDED BY P.L.233-2015, SECTION 150, IS AMENDED TO |
---|
8195 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) Except as provided in subsection (b) and |
---|
8196 | | - | but notwithstanding any other law, each governing body of a school corporation and each organizer |
---|
8197 | | - | of a charter school shall purchase from a publisher, either individually or through a purchasing |
---|
8198 | | - | cooperative of school corporations, as applicable, the curricular materials selected by the proper local |
---|
8199 | | - | officials, and shall rent provide at no cost the curricular materials to each student enrolled in a public |
---|
8200 | | - | the school corporation or charter school. that is: |
---|
8201 | | - | (1) in compliance with the minimum certification standards of the state board; and |
---|
8202 | | - | (2) located within the attendance unit served by the governing body. |
---|
8203 | | - | Curricular materials provided to a student under this section remain the property of the governing |
---|
8204 | | - | body of the school corporation or organizer of the charter school. |
---|
8205 | | - | (b) This section does not prohibit a governing body from suspending the operation of this section under |
---|
8206 | | - | a contract entered into under IC 20-26-15. |
---|
8207 | | - | (b) This section does not prohibit a governing body of a school corporation or an organizer of |
---|
8208 | | - | a charter school from assessing and collecting a reasonable fee for lost or significantly damaged |
---|
8209 | | - | curricular materials in accordance with rules established by the state board under subsection (c). |
---|
8210 | | - | Fees collected under this subsection must be deposited in the separate curricular materials account |
---|
8211 | | - | established under IC 20-40-22-9 for the school in which the student was enrolled at the time the fee |
---|
8212 | | - | was imposed. |
---|
8213 | | - | (c) The state board shall adopt rules under IC 4-22-2, including emergency rules in the manner |
---|
8214 | | - | provided in IC 4-22-2-37.1, to implement this section. |
---|
8215 | | - | SECTION 164. IC 20-26-12-2, AS AMENDED BY P.L.233-2015, SECTION 151, IS AMENDED TO |
---|
8216 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) A governing body or an organizer of |
---|
8217 | | - | HEA 1001 — CC 1 |
---|
8218 | | - | 190 a charter school may purchase from a publisher any curricular material selected by the proper local |
---|
8219 | | - | officials. The governing body or the organizer of a charter school may not rent the curricular materials |
---|
8220 | | - | to students enrolled in any public or nonpublic school. |
---|
8221 | | - | (b) A governing body may rent curricular materials to students enrolled in any nonpublic school |
---|
8222 | | - | that is |
---|
8223 | | - | (1) in compliance with the minimum certification standards of the state board; and |
---|
8224 | | - | (2) located within the attendance unit served by the governing body. |
---|
8225 | | - | The annual rental rate may not exceed twenty-five percent (25%) of the retail price of the curricular |
---|
8226 | | - | materials. An organizer of a charter school may rent curricular materials to students enrolled in any |
---|
8227 | | - | nonpublic school. |
---|
8228 | | - | (b) Notwithstanding subsection (a), the governing body may not assess a rental fee of more than |
---|
8229 | | - | twenty-five percent (25%) of the retail price of curricular materials that have been: |
---|
8230 | | - | (1) extended for usage by students under section 24(e) of this chapter; and |
---|
8231 | | - | (2) paid for through rental fees previously collected. |
---|
8232 | | - | (c) A governing body or an organizer of a charter school may negotiate the rental rate for the |
---|
8233 | | - | curricular materials rented to any nonpublic school under subsection (b). |
---|
8234 | | - | (d) A governing body shall collect and deposit the amounts received from the rental of curricular |
---|
8235 | | - | materials to a nonpublic school into the curricular materials account, in accordance with |
---|
8236 | | - | IC 20-40-22-9, in equal amounts for each public school of the school corporation. |
---|
8237 | | - | (e) An organizer of a charter school shall deposit all money received from the rental of |
---|
8238 | | - | curricular materials to a nonpublic school into the charter school's curricular materials account |
---|
8239 | | - | described in IC 20-40-22-9. |
---|
8240 | | - | (c) (f) This section does not limit other laws. |
---|
8241 | | - | SECTION 165. IC 20-26-12-26 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 26. If a family |
---|
8242 | | - | moves during the school term from one (1) school corporation to another within the state, the corporation |
---|
8243 | | - | from which they move shall: |
---|
8244 | | - | (1) evaluate the affected children's curricular materials; and |
---|
8245 | | - | (2) offer to purchase the curricular materials at a reasonable price for resale to any family that moves |
---|
8246 | | - | into that corporation during a school term. |
---|
8247 | | - | SECTION 166. IC 20-26-15-5, AS AMENDED BY P.L.92-2020, SECTION 35, IS AMENDED TO |
---|
8248 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. Notwithstanding any other law, the |
---|
8249 | | - | operation of the following is suspended for a freeway school corporation or a freeway school if the |
---|
8250 | | - | governing body of the school corporation elects to have the specific statute or rule suspended in the |
---|
8251 | | - | contract: |
---|
8252 | | - | (1) The following statutes and rules concerning curriculum and instructional time: |
---|
8253 | | - | IC 20-30-2-7 |
---|
8254 | | - | IC 20-30-5-8 |
---|
8255 | | - | IC 20-30-5-9 |
---|
8256 | | - | IC 20-30-5-11 |
---|
8257 | | - | 511 IAC 6-7-6 |
---|
8258 | | - | 511 IAC 6.1-5-0.5 |
---|
8259 | | - | 511 IAC 6.1-5-1 |
---|
8260 | | - | 511 IAC 6.1-5-2.5 |
---|
8261 | | - | 511 IAC 6.1-5-3.5 |
---|
8262 | | - | HEA 1001 — CC 1 |
---|
8263 | | - | 191 511 IAC 6.1-5-4. |
---|
8264 | | - | (2) The following rule concerning pupil/teacher ratios: |
---|
8265 | | - | 511 IAC 6.1-4-1. |
---|
8266 | | - | (3) The following statutes and rules concerning curricular materials: |
---|
8267 | | - | IC 20-26-12-24. |
---|
8268 | | - | IC 20-26-12-26 |
---|
8269 | | - | IC 20-26-12-1, except for the provision of curricular materials at no cost to a student in a |
---|
8270 | | - | public school. |
---|
8271 | | - | IC 20-26-12-2, except for the prohibition of renting curricular materials to students enrolled |
---|
8272 | | - | in a public school. |
---|
8273 | | - | 511 IAC 6.1-5-5. |
---|
8274 | | - | (4) 511 IAC 6-7, concerning graduation requirements. |
---|
8275 | | - | (5) IC 20-31-4.1, concerning the performance based accreditation system. |
---|
8276 | | - | (6) IC 20-32-5 (before its expiration on July 1, 2018), concerning the ISTEP program established |
---|
8277 | | - | under IC 20-32-5-15, if an alternative locally adopted assessment program is adopted under section |
---|
8278 | | - | 6(4) of this chapter. |
---|
8279 | | - | SECTION 167. IC 20-26.5-2-3, AS AMENDED BY P.L.126-2022, SECTION 4, IS AMENDED TO |
---|
8280 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) Notwithstanding any other law, the |
---|
8281 | | - | following may be suspended for a coalition member in accordance with the coalition's plan: |
---|
8282 | | - | (1) Subject to section 1(c) of this chapter, IC 20-30, concerning curriculum. |
---|
8283 | | - | (2) The following statutes and rules concerning curricular materials: |
---|
8284 | | - | IC 20-26-12-1, except for the provision of curricular materials at no cost to a student in a |
---|
8285 | | - | public school. |
---|
8286 | | - | IC 20-26-12-2, except for the prohibition of renting curricular materials to students enrolled |
---|
8287 | | - | in a public school. |
---|
8288 | | - | IC 20-26-12-24. |
---|
8289 | | - | IC 20-26-12-26. |
---|
8290 | | - | 511 IAC 6.1-5-5. |
---|
8291 | | - | (3) The following rules concerning teacher licenses: |
---|
8292 | | - | 511 IAC 16. |
---|
8293 | | - | 511 IAC 17. |
---|
8294 | | - | (4) Subject to subsection (c), IC 20-31-3 (concerning the adoption of academic standards). |
---|
8295 | | - | (5) IC 20-31-4.1, concerning the performance based accreditation system. |
---|
8296 | | - | (6) Except as provided in subsection (b), any other statute in IC 20 or rule in 511 IAC requested to |
---|
8297 | | - | be suspended as part of the plan that is approved by the state board under section 1 of this chapter. |
---|
8298 | | - | (b) A coalition member may not suspend under subsection (a)(6) any of the following: |
---|
8299 | | - | (1) IC 20-26-5-10 (criminal history and child protection index check). |
---|
8300 | | - | (2) IC 20-28 (school teachers). |
---|
8301 | | - | (3) IC 20-29 (collective bargaining). |
---|
8302 | | - | (4) IC 20-31 (accountability for performance and improvement), except for IC 20-31-3 and |
---|
8303 | | - | IC 20-31-4.1. |
---|
8304 | | - | (5) Subject to subsection (c), IC 20-32-4 (graduation requirements). |
---|
8305 | | - | (6) IC 20-32-5.1 (Indiana's Learning Evaluation Assessment Readiness Network (ILEARN) |
---|
8306 | | - | program). |
---|
8307 | | - | HEA 1001 — CC 1 |
---|
8308 | | - | 192 (7) IC 20-33 (students). |
---|
8309 | | - | (8) IC 20-34 (student health and safety measures). |
---|
8310 | | - | (9) IC 20-35 (special education). |
---|
8311 | | - | (10) IC 20-35.5 (dyslexia screening and intervention). |
---|
8312 | | - | (11) IC 20-36 (high ability students). |
---|
8313 | | - | (12) IC 20-39 (accounting and financial reporting procedures). |
---|
8314 | | - | (13) IC 20-40 (government funds and accounts). |
---|
8315 | | - | (14) IC 20-41 (extracurricular funds and accounts). |
---|
8316 | | - | (15) IC 20-42 (fiduciary funds and accounts). |
---|
8317 | | - | (16) IC 20-42.5 (allocation of expenditures to student instruction and learning). |
---|
8318 | | - | (17) IC 20-43 (state tuition support). |
---|
8319 | | - | (18) IC 20-44 (property tax levies). |
---|
8320 | | - | (19) IC 20-46 (levies other than general fund levies). |
---|
8321 | | - | (20) IC 20-47 (related entities; holding companies; lease agreements). |
---|
8322 | | - | (21) IC 20-48 (borrowing and bonds). |
---|
8323 | | - | (22) IC 20-49 (state management of common school funds; state advances and loans). |
---|
8324 | | - | (23) IC 20-50 (homeless children and foster care children). |
---|
8325 | | - | (c) A coalition member must comply with the postsecondary readiness competency requirements under |
---|
8326 | | - | IC 20-32-4-1.5(b)(1). However, notwithstanding any other law, a coalition member may replace high |
---|
8327 | | - | school courses on the high school transcript with courses on the same subject matter with equal or greater |
---|
8328 | | - | rigor to the required high school course and may count such a course as satisfying the equivalent diploma |
---|
8329 | | - | requirements established by IC 20 and any applicable state board administrative rules or requirements. |
---|
8330 | | - | If the coalition member school offers courses that are not aligned with requirements adopted by the state |
---|
8331 | | - | board under IC 20-30-10, a parent of a student and the student who intends to enroll in a course that is |
---|
8332 | | - | not aligned with requirements adopted by the state board under IC 20-30-10 must provide consent to the |
---|
8333 | | - | coalition member school to enroll in the course. The consent form used by the coalition, which shall be |
---|
8334 | | - | developed in collaboration with the commission for higher education, must notify the parent and the |
---|
8335 | | - | student that enrollment in the course may affect the student's ability to attend a particular postsecondary |
---|
8336 | | - | educational institution or enroll in a particular course at a particular postsecondary educational institution |
---|
8337 | | - | because the course does not align with requirements established by the state board under IC 20-30-10. |
---|
8338 | | - | SECTION 168. IC 20-30-10-5, AS AMENDED BY P.L.216-2021, SECTION 28, IS AMENDED TO |
---|
8339 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 5. (a) Notwithstanding any other law, a high |
---|
8340 | | - | school may: |
---|
8341 | | - | (1) replace high school courses on the high school transcript with dual credit courses (as defined in |
---|
8342 | | - | IC 21-43-1-2.5), Cambridge International courses, international baccalaureate courses, or advanced |
---|
8343 | | - | placement courses on the same subject matter with equal or greater rigor to the required high school |
---|
8344 | | - | course; and |
---|
8345 | | - | (2) count: |
---|
8346 | | - | (A) a course described in subdivision (1); |
---|
8347 | | - | (B) a work based learning course, program, or experience that is approved under subsection (c); |
---|
8348 | | - | (C) a career and technical education course, program, or experience that is approved under |
---|
8349 | | - | subsection (c); or |
---|
8350 | | - | (D) a course in any combination of: |
---|
8351 | | - | (i) science; |
---|
8352 | | - | HEA 1001 — CC 1 |
---|
8353 | | - | 193 (ii) technology; |
---|
8354 | | - | (iii) engineering; or |
---|
8355 | | - | (iv) mathematics; |
---|
8356 | | - | as satisfying an Indiana diploma with a Core 40 with academic honors designation or another |
---|
8357 | | - | designation requirement. |
---|
8358 | | - | (b) A course, program, or experience described in subsection (a)(2)(B), (a)(2)(C), or (a)(2)(D): |
---|
8359 | | - | (1) with: |
---|
8360 | | - | (A) subject matter that is similar to; and |
---|
8361 | | - | (B) rigor that is equal to or greater than; |
---|
8362 | | - | the subject matter and rigor of the required course; but |
---|
8363 | | - | (2) that does not fully align with the required course standards; |
---|
8364 | | - | must be augmented with instruction to include the remaining standards of the required course. |
---|
8365 | | - | (c) If a course, program, or experience provider requests that the state board, a state educational |
---|
8366 | | - | institution (as defined in IC 21-7-13-32), or any other entity designated by the state board approve a |
---|
8367 | | - | course, program, or experience described in subsection (a)(2)(B), (a)(2)(C), or (a)(2)(D), the state board, |
---|
8368 | | - | state educational institution, or other entity shall approve the course, program, or experience if the |
---|
8369 | | - | provider provides the following: |
---|
8370 | | - | (1) A description of the extent to which the course, program, or experience aligns with the required |
---|
8371 | | - | course that the provider is replacing. |
---|
8372 | | - | (2) An explanation regarding how the remaining standards of the required course, program, or |
---|
8373 | | - | experience will be augmented. |
---|
8374 | | - | (d) If the state board, a state educational institution, or another entity designated by the state board |
---|
8375 | | - | approves a course, program, or experience under subsection (c), the state board, state educational |
---|
8376 | | - | institution, or other entity: |
---|
8377 | | - | (1) may periodically review the approved course, program, or experience to ensure the course, |
---|
8378 | | - | program, or experience complies with the requirements under this section; and |
---|
8379 | | - | (2) may revoke approval of the course, program, or experience if, at any time more than one (1) year |
---|
8380 | | - | after the course, program, or experience is offered, the state board, state educational institution, or |
---|
8381 | | - | other entity determines that the course, program, or experience does not comply with the |
---|
8382 | | - | requirements under this section. |
---|
8383 | | - | (e) A dual credit course described in subsection (a)(1) must be authorized by an eligible institution (as |
---|
8384 | | - | described in IC 21-43-4-3.5) that is a member of a national dual credit accreditation organization, or the |
---|
8385 | | - | eligible institution must make assurances that the final assessment for the course given for dual credit |
---|
8386 | | - | under this section is substantially equivalent to the final assessment given in the college course in that |
---|
8387 | | - | subject. |
---|
8388 | | - | (f) A student who satisfies an Indiana diploma with a Core 40 with academic honors designation |
---|
8389 | | - | through a high school course replaced under subsection (a)(2)(D) shall not count toward a school's honor |
---|
8390 | | - | designation award under IC 20-43-10-2. |
---|
8391 | | - | SECTION 169. IC 20-31-4.1-7, AS AMENDED BY P.L.126-2022, SECTION 5, IS AMENDED TO |
---|
8392 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. A school or group of schools that submits |
---|
8393 | | - | an application under section 4 of this chapter may not request to waive any of the following provisions: |
---|
8394 | | - | IC 20-24-8-2 (prohibited acts). |
---|
8395 | | - | IC 20-26-5-10 (criminal history and child protection index check). |
---|
8396 | | - | IC 20-26-12-1 (curricular material purchase and provision; public school students). |
---|
8397 | | - | HEA 1001 — CC 1 |
---|
8398 | | - | 194 IC 20-26-12-2 (curricular material purchase and rental). |
---|
8399 | | - | IC 20-27-7 (school bus inspection and registration). |
---|
8400 | | - | IC 20-27-8-1 (school bus drivers and monitors). |
---|
8401 | | - | IC 20-27-8-2 (school bus driver driving summary). |
---|
8402 | | - | IC 20-27-10-3 (capacity of school bus). |
---|
8403 | | - | IC 20-28 (school teachers). |
---|
8404 | | - | IC 20-29 (collective bargaining). |
---|
8405 | | - | IC 20-30-5-0.5 (display of United States flag; Pledge of Allegiance). |
---|
8406 | | - | IC 20-30-5-1 (constitutions). |
---|
8407 | | - | IC 20-30-5-2 (constitutions; interdisciplinary course). |
---|
8408 | | - | IC 20-30-5-3 (protected writings). |
---|
8409 | | - | IC 20-30-5-4 (American history). |
---|
8410 | | - | IC 20-30-5-4.5 (moment of silence). |
---|
8411 | | - | IC 20-30-5-5 (morals instruction). |
---|
8412 | | - | IC 20-30-5-6 (good citizenship instruction). |
---|
8413 | | - | IC 20-30-5-13 (human sexuality instructional requirements). |
---|
8414 | | - | IC 20-30-5-17 (access to materials; consent for participation). |
---|
8415 | | - | IC 20-30-5-21 (contrary student instruction not permitted). |
---|
8416 | | - | IC 20-30-5-22 (Indiana studies). |
---|
8417 | | - | IC 20-31 (accountability for performance and improvement). |
---|
8418 | | - | IC 20-32-4 (graduation requirements). |
---|
8419 | | - | IC 20-32-5.1 (Indiana's Learning Evaluation Assessment Readiness Network (ILEARN) program). |
---|
8420 | | - | IC 20-33-1 (equal educational opportunity). |
---|
8421 | | - | IC 20-34 (student health and safety measures). |
---|
8422 | | - | IC 20-35 (special education). |
---|
8423 | | - | IC 20-35.5 (dyslexia screening and intervention). |
---|
8424 | | - | IC 20-36 (high ability students). |
---|
8425 | | - | IC 20-39 (accounting and financial reporting procedures). |
---|
8426 | | - | IC 20-40 (government funds and accounts). |
---|
8427 | | - | IC 20-41 (extracurricular funds and accounts). |
---|
8428 | | - | IC 20-42 (fiduciary funds and accounts). |
---|
8429 | | - | IC 20-42.5 (allocation of expenditures to student instruction and learning). |
---|
8430 | | - | IC 20-43 (state tuition support). |
---|
8431 | | - | IC 20-44 (property tax levies). |
---|
8432 | | - | IC 20-46 (levies other than general fund levies). |
---|
8433 | | - | IC 20-47 (related entities; holding companies; lease agreements). |
---|
8434 | | - | IC 20-48 (borrowing and bonds). |
---|
8435 | | - | IC 20-49 (state management of common school funds; state advances and loans). |
---|
8436 | | - | IC 20-50 (homeless children and foster care children). |
---|
8437 | | - | IC 20-51 (school scholarships). |
---|
8438 | | - | SECTION 170. IC 20-31-8-5.5, AS ADDED BY P.L.211-2021, SECTION 23, IS AMENDED TO |
---|
8439 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 5.5. (a) Not later than July 1, 2024, the state |
---|
8440 | | - | board shall do the following: |
---|
8441 | | - | HEA 1001 — CC 1 |
---|
8442 | | - | 195 (1) Establish a compilation of longitudinal data indicating school performance success in various |
---|
8443 | | - | selected and enumerated program areas. |
---|
8444 | | - | (2) Present the data described in subdivision (1) for each school in a manner that: |
---|
8445 | | - | (A) can be conveniently and easily accessed from a single web page on the state board's Internet |
---|
8446 | | - | web site; website; and |
---|
8447 | | - | (B) is commonly known as an Internet dashboard. |
---|
8448 | | - | (b) The dashboard must include the following: |
---|
8449 | | - | (1) Indicators of student performance in elementary school, including schools for grades 6 through |
---|
8450 | | - | 8, and high school. |
---|
8451 | | - | (2) The school's graduation rate, as applicable. |
---|
8452 | | - | (3) The percentage of high school graduates who earned college credit before graduating, as |
---|
8453 | | - | applicable. |
---|
8454 | | - | (4) The pass rate of the statewide assessment program tests (as defined in IC 20-32-2-2.3), as |
---|
8455 | | - | applicable. |
---|
8456 | | - | (5) The growth data of the statewide assessment program tests (as defined in IC 20-32-2-2.3), as |
---|
8457 | | - | applicable. |
---|
8458 | | - | (6) The attendance rate. |
---|
8459 | | - | (7) State, national, and international comparisons for the indicators, if applicable. |
---|
8460 | | - | (8) The school's grade 3 reading proficiency rate, as applicable. |
---|
8461 | | - | (c) The dashboard may include any other data indicating school performance success that the state |
---|
8462 | | - | board determines is relevant. |
---|
8463 | | - | (d) Each school shall post on a web page maintained on the school's Internet web site website the exact |
---|
8464 | | - | same data and in a similar format as the data presented for the school on the state board's Internet web |
---|
8465 | | - | site. website. However, the school may include custom indicators on the web page described in this |
---|
8466 | | - | subsection. |
---|
8467 | | - | SECTION 171. IC 20-33-5-3, AS AMENDED BY P.L.286-2013, SECTION 112, IS AMENDED TO |
---|
8468 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (b), |
---|
8469 | | - | if a parent of a child or an emancipated minor who is enrolled in a public school in kindergarten or grades |
---|
8470 | | - | 1 through 12 meets the financial eligibility standard under section 2 of this chapter, the parent or the |
---|
8471 | | - | emancipated minor may not be required to pay the fees for curricular materials, supplies, or other required |
---|
8472 | | - | class fees. any fee required for the child's or emancipated minor's participation in a particular |
---|
8473 | | - | course of study. The fees shall be paid by the school corporation that the child attends. |
---|
8474 | | - | (b) The school corporation may apply for a reimbursement under section 7 of this chapter from the |
---|
8475 | | - | department of the costs incurred under subsection (a). |
---|
8476 | | - | (c) To the extent the reimbursement received by the school corporation is less than the rental fee |
---|
8477 | | - | assessed for curricular materials, the school corporation may request that the parent or emancipated minor |
---|
8478 | | - | pay the balance of this amount. |
---|
8479 | | - | (b) A school corporation may assess and collect a reasonable fee from a parent of a child or from |
---|
8480 | | - | an emancipated minor who is enrolled in a public school in the school corporation and meets the |
---|
8481 | | - | financial eligibility standard under section 2 of this chapter for any lost or significantly damaged |
---|
8482 | | - | curricular materials that were provided to the child or emancipated minor, as provided in |
---|
8483 | | - | IC 20-26-12-1(b). |
---|
8484 | | - | SECTION 172. IC 20-33-5-5, AS ADDED BY P.L.1-2005, SECTION 17, IS AMENDED TO READ |
---|
8485 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. All school corporations must give notice in |
---|
8486 | | - | HEA 1001 — CC 1 |
---|
8487 | | - | 196 nontechnical language and in a manner that can be reasonably expected to reach parents of students |
---|
8488 | | - | before the assessment and collection of any fees for schoolbooks and supplies. that are not fees for |
---|
8489 | | - | curricular materials. This notice must inform the parents of the following: |
---|
8490 | | - | (1) The availability of assistance under this chapter. |
---|
8491 | | - | (2) The eligibility standards under this chapter. |
---|
8492 | | - | (3) The procedure for obtaining assistance, including the right and method of appeal. |
---|
8493 | | - | (4) The availability of application forms at a designated school office. |
---|
8494 | | - | (5) That the parents may be required to pay a reasonable fee for lost or significantly damaged |
---|
8495 | | - | curricular materials. |
---|
8496 | | - | (6) The procedure for obtaining assistance under section 12 of this chapter, under |
---|
8497 | | - | IC 20-41-2-5(b), and under IC 20-42-3-10. |
---|
8498 | | - | (7) The right to appeal an assessment of a fee for lost or significantly damaged curricular |
---|
8499 | | - | materials, including the procedure required. |
---|
8500 | | - | SECTION 173. IC 20-33-5-7, AS AMENDED BY P.L.286-2013, SECTION 113, IS AMENDED TO |
---|
8501 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) If a determination is made that the |
---|
8502 | | - | applicant is eligible for assistance, the school corporation shall pay the cost of the student's required fees. |
---|
8503 | | - | (b) A school corporation shall receive a reimbursement from the department for some or all of the costs |
---|
8504 | | - | incurred by a school corporation during a school year in providing curricular materials assistance to |
---|
8505 | | - | students who are eligible under section 2 of this chapter. |
---|
8506 | | - | (c) To be guaranteed some level of reimbursement from the department, the governing body of a |
---|
8507 | | - | school corporation shall request the reimbursement before November 1 of a school year. |
---|
8508 | | - | (d) In its request, the governing body shall certify to the department: |
---|
8509 | | - | (1) the number of students who are enrolled in that school corporation and who are eligible for |
---|
8510 | | - | assistance under this chapter; |
---|
8511 | | - | (2) the costs incurred by the school corporation in providing: |
---|
8512 | | - | (A) curricular materials (including curricular materials used in special education and high ability |
---|
8513 | | - | classes) to these students; |
---|
8514 | | - | (B) workbooks, digital content, and consumable curricular materials (including workbooks, |
---|
8515 | | - | consumable curricular materials, and other consumable instructional materials that are used in |
---|
8516 | | - | special education and high ability classes) that are used by students for not more than one (1) |
---|
8517 | | - | school year; and |
---|
8518 | | - | (C) instead of the purchase of curricular materials, developmentally appropriate material for |
---|
8519 | | - | instruction in kindergarten through the grade 3 level, laboratories, and children's literature |
---|
8520 | | - | programs; |
---|
8521 | | - | (3) that the curricular materials described in subdivision (2)(A) (except curricular materials used in |
---|
8522 | | - | special education classes and high ability classes) have been adopted by the governing body; and |
---|
8523 | | - | (4) any other information required by the department. |
---|
8524 | | - | (e) (b) Each school within a school corporation shall maintain complete and accurate information |
---|
8525 | | - | concerning the number of students determined to be eligible for assistance under this chapter. This |
---|
8526 | | - | information shall be provided to the department upon request. |
---|
8527 | | - | (f) (c) Parents receiving other governmental assistance or aid that considers educational needs in |
---|
8528 | | - | computing the entire amount of assistance granted may not be denied assistance if the applicant's total |
---|
8529 | | - | family income does not exceed the standards established by this chapter. |
---|
8530 | | - | HEA 1001 — CC 1 |
---|
8531 | | - | 197 (g) The amount of reimbursement that a school corporation is entitled to receive shall be determined |
---|
8532 | | - | as provided in section 9.5 of this chapter. |
---|
8533 | | - | SECTION 174. IC 20-33-5-9, AS AMENDED BY P.L.92-2020, SECTION 79, IS AMENDED TO |
---|
8534 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 9. (a) As used in this section, "accredited |
---|
8535 | | - | nonpublic school" means a nonpublic school that: |
---|
8536 | | - | (1) has voluntarily become accredited under IC 20-31-4.1; or |
---|
8537 | | - | (2) is accredited by a national or regional accrediting agency that is recognized by the state board. |
---|
8538 | | - | (b) If a parent of a child or an emancipated minor who is enrolled in an accredited nonpublic school |
---|
8539 | | - | meets the financial eligibility standard under section 2 of this chapter, the parent or the emancipated |
---|
8540 | | - | minor may receive a reimbursement from the department as provided in this chapter for the costs or some |
---|
8541 | | - | of the costs incurred by the parent or emancipated minor in fees that are reimbursable under section 7 of |
---|
8542 | | - | this chapter. for curricular materials. |
---|
8543 | | - | (c) The department shall provide each accredited nonpublic school with sufficient application forms |
---|
8544 | | - | for assistance, prescribed by the state board of accounts. |
---|
8545 | | - | (d) Each accredited nonpublic school shall provide the parents or emancipated minors who wish to |
---|
8546 | | - | apply for assistance with: |
---|
8547 | | - | (1) the appropriate application forms; and |
---|
8548 | | - | (2) any assistance needed in completing the application form. |
---|
8549 | | - | (e) The parent or emancipated minor shall submit the application to the accredited nonpublic school. |
---|
8550 | | - | The accredited nonpublic school shall make a determination of financial eligibility subject to appeal by |
---|
8551 | | - | the parent or emancipated minor. |
---|
8552 | | - | (f) If a determination is made that the applicant is eligible for assistance, subsection (b) applies. |
---|
8553 | | - | (g) To be guaranteed some level of reimbursement from the department, the principal or other designee |
---|
8554 | | - | shall submit the reimbursement request before November 1 of a school year. |
---|
8555 | | - | (h) In its request, the principal or other designee shall certify to the department: |
---|
8556 | | - | (1) the number of students who are enrolled in the accredited nonpublic school and who are eligible |
---|
8557 | | - | for assistance under this chapter; |
---|
8558 | | - | (2) the costs incurred in providing |
---|
8559 | | - | (A) curricular materials (including curricular materials used in special education and high ability |
---|
8560 | | - | classes); and |
---|
8561 | | - | (B) workbooks, digital content, and consumable curricular materials (including workbooks, |
---|
8562 | | - | consumable curricular materials, and other consumable teaching materials that are used in special |
---|
8563 | | - | education and high ability classes) that are used by students for not more than one (1) school |
---|
8564 | | - | year; |
---|
8565 | | - | (3) that the curricular materials described in subdivision (2)(A) (2) (except any curricular materials |
---|
8566 | | - | used in special education classes and high ability classes) have been adopted by the governing body; |
---|
8567 | | - | and |
---|
8568 | | - | (4) any other information required by the department. |
---|
8569 | | - | (i) The amount of reimbursement that a parent or emancipated minor is entitled to receive shall be |
---|
8570 | | - | determined as provided in section 9.5 of this chapter. IC 20-40-22-7. |
---|
8571 | | - | (j) The accredited nonpublic school shall distribute the money received under this chapter |
---|
8572 | | - | IC 20-40-22-8 to the appropriate eligible parents or emancipated minors. |
---|
8573 | | - | (k) Section 7(f) 7(c) of this chapter applies to parents or emancipated minors as described in this |
---|
8574 | | - | section. |
---|
8575 | | - | HEA 1001 — CC 1 |
---|
8576 | | - | 198 (l) The accredited nonpublic school and the department shall maintain complete and accurate |
---|
8577 | | - | information concerning the number of applicants determined to be eligible for assistance under this |
---|
8578 | | - | section. |
---|
8579 | | - | (m) The state board shall adopt rules under IC 4-22-2 to implement this section. |
---|
8580 | | - | SECTION 175. IC 20-33-5-9.5, AS AMENDED BY P.L.92-2020, SECTION 80, IS AMENDED TO |
---|
8581 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 9.5. (a) This section applies to reimbursements |
---|
8582 | | - | made under this chapter in the state fiscal year beginning after June 30, 2013. |
---|
8583 | | - | (b) The amount of reimbursement that a school corporation or an accredited nonpublic school (as |
---|
8584 | | - | defined in section 9(a) of this chapter) is entitled to receive under section 7 or 9 of this chapter in a state |
---|
8585 | | - | fiscal year is equal to the amount determined in the following STEPS: |
---|
8586 | | - | STEP ONE: Determine the amount appropriated to make reimbursements under this chapter for the |
---|
8587 | | - | state fiscal year. |
---|
8588 | | - | STEP TWO: Determine the total number of eligible students for which reimbursement was |
---|
8589 | | - | requested under either section 7 or 9 of this chapter before November 1 of the previous calendar year |
---|
8590 | | - | by all school corporations and accredited nonpublic schools. |
---|
8591 | | - | STEP THREE: Divide the result determined in STEP ONE by the number determined in STEP |
---|
8592 | | - | TWO. |
---|
8593 | | - | STEP FOUR: Multiply: |
---|
8594 | | - | (A) the STEP THREE result; by |
---|
8595 | | - | (B) the number of eligible students for which reimbursement was requested under section 7 or |
---|
8596 | | - | 9 of this chapter before November 1 of the state fiscal year by the school corporation or the |
---|
8597 | | - | accredited nonpublic school. |
---|
8598 | | - | SECTION 176. IC 20-33-5-11, AS AMENDED BY P.L.251-2017, SECTION 15, IS AMENDED TO |
---|
8599 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. (a) A school corporation may not: |
---|
8600 | | - | (1) withhold curricular materials and supplies; |
---|
8601 | | - | (2) require any special services from a child or emancipated minor; or |
---|
8602 | | - | (3) deny the child or emancipated minor any benefit or privilege; |
---|
8603 | | - | because the parent or emancipated minor fails to pay a required fees. fee, including a reasonable fee |
---|
8604 | | - | for lost or significantly damaged curricular materials imposed under IC 20-26-12-1(b). |
---|
8605 | | - | (b) Notwithstanding subsection (a), a school corporation may take any action authorized by law to |
---|
8606 | | - | collect unpaid fees from parents who are determined to be ineligible for assistance, including recovery |
---|
8607 | | - | of reasonable attorney's fees and court costs in addition to a judgment award against those parents. |
---|
8608 | | - | (c) A school corporation may designate a full-time employee of the school corporation to represent the |
---|
8609 | | - | school corporation in a small claims court action under subsection (b) if the claim does not exceed one |
---|
8610 | | - | thousand five hundred dollars ($1,500). The employee designated under this subsection is not required |
---|
8611 | | - | to be an attorney. |
---|
8612 | | - | SECTION 177. IC 20-33-5-14, AS AMENDED BY P.L.43-2021, SECTION 112, IS AMENDED TO |
---|
8613 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 14. (a) The school curricular materials |
---|
8614 | | - | reimbursement contingency fund is established to reimburse school corporations, eligible parents of |
---|
8615 | | - | children who attend accredited nonpublic schools and emancipated minors who attend accredited |
---|
8616 | | - | nonpublic schools as provided in section 9 of this chapter for assistance provided under this chapter. The |
---|
8617 | | - | fund consists of money appropriated to the fund by the general assembly. The secretary of education shall |
---|
8618 | | - | administer the fund. |
---|
8619 | | - | HEA 1001 — CC 1 |
---|
8620 | | - | 199 (b) The treasurer of state shall invest the money in the school curricular materials reimbursement |
---|
8621 | | - | contingency fund not currently needed to meet the obligations of the fund in the same manner as other |
---|
8622 | | - | public funds may be invested. |
---|
8623 | | - | SECTION 178. IC 20-35-4-4 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 4. (a) For the |
---|
8624 | | - | administration and field service of the division, there is appropriated annually out of the excise funds of |
---|
8625 | | - | the alcohol and tobacco commission an amount to administer this chapter as determined by the general |
---|
8626 | | - | assembly. |
---|
8627 | | - | (b) Money appropriated under this section shall be deposited into a special fund in the state treasury |
---|
8628 | | - | to be known as the special education fund. The special education fund shall be: |
---|
8629 | | - | (1) administered by the secretary of education; and |
---|
8630 | | - | (2) used only for the administration of IC 20-35-2 through IC 20-35-6 and IC 20-35-8. |
---|
8631 | | - | SECTION 179. IC 20-35-13 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO |
---|
8632 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
8633 | | - | Chapter 13. Auditory-Verbal Accelerated Education Program |
---|
8634 | | - | Sec. 1. As used in this chapter, "auditory-verbal accelerated education program" means a |
---|
8635 | | - | specialized program: |
---|
8636 | | - | (1) that: |
---|
8637 | | - | (A) relies solely on; and |
---|
8638 | | - | (B) develops; |
---|
8639 | | - | listening skills; |
---|
8640 | | - | (2) that uses an implant or assistive hearing device for the purpose of relying on speech and |
---|
8641 | | - | spoken language skills as the method of communication; and |
---|
8642 | | - | (3) that uses faculty and supervisors certified as listening and spoken language specialists each |
---|
8643 | | - | day the child is in attendance. |
---|
8644 | | - | Sec. 2. As used in this chapter, "deaf or hard of hearing" has the meaning set forth in 511 |
---|
8645 | | - | IAC 7-41-4. |
---|
8646 | | - | Sec. 3. (a) A child who is deaf or hard of hearing and who meets the requirements described in |
---|
8647 | | - | subsection (b) may enroll in an auditory-verbal accelerated education program for the development |
---|
8648 | | - | of listening and spoken language skills to prepare the child for enrollment in school. |
---|
8649 | | - | (b) To participate in the auditory-verbal accelerated education program, the child must: |
---|
8650 | | - | (1) have received an implant or assistive hearing device; |
---|
8651 | | - | (2) be at least three (3) years of age and, except as provided in subsection (c), less than seven |
---|
8652 | | - | (7) years of age; and |
---|
8653 | | - | (3) be a resident of Indiana. |
---|
8654 | | - | (c) A child described in subsection (b) may participate in the program until the earlier of the |
---|
8655 | | - | following: |
---|
8656 | | - | (1) The completion of grade 2. |
---|
8657 | | - | (2) The completion of the school year in which the child becomes seven (7) years of age. |
---|
8658 | | - | Sec. 4. The level of services a child shall receive as part of the auditory-verbal accelerated |
---|
8659 | | - | education program shall be determined by the individual educational plan team, which includes the |
---|
8660 | | - | child's parent and a certified listening and a spoken language specialist in accordance with the |
---|
8661 | | - | administrative rules adopted by the department. |
---|
8662 | | - | SECTION 180. IC 20-40-2-1, AS AMENDED BY P.L.244-2017, SECTION 66, IS AMENDED TO |
---|
8663 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. As used in this chapter, "fund" refers to a |
---|
8664 | | - | HEA 1001 — CC 1 |
---|
8665 | | - | 200 school corporation's or, if applicable, a charter school's education fund established under section 2 of |
---|
8666 | | - | this chapter. |
---|
8667 | | - | SECTION 181. IC 20-40-2-2, AS AMENDED BY P.L.244-2017, SECTION 67, IS AMENDED TO |
---|
8668 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The governing body of each school |
---|
8669 | | - | corporation shall establish an education fund for the payment of expenses that are allocated to student |
---|
8670 | | - | instruction and learning under IC 20-42.5. |
---|
8671 | | - | (b) The governing body of a charter school that receives a distribution of revenue received from |
---|
8672 | | - | a tax levy under IC 20-46-8-11.2 shall establish an education fund for the payment of expenses that |
---|
8673 | | - | are allocated to student instruction and learning under IC 20-42.5. |
---|
8674 | | - | SECTION 182. IC 20-40-2-4, AS AMENDED BY P.L.140-2018, SECTION 12, IS AMENDED TO |
---|
8675 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. Except as provided in IC 36-1-8-5.1 (school |
---|
8676 | | - | corporation rainy day fund), the education fund of the school corporation or, if applicable, a charter |
---|
8677 | | - | school, shall be used only to pay for expenses allocated to student instruction and learning under |
---|
8678 | | - | IC 20-42.5. The fund may not be used to pay directly any expenses that are not allocated to student |
---|
8679 | | - | instruction and learning under IC 20-42.5 or expenses permitted to be paid from the school corporation's |
---|
8680 | | - | or charter school's operations fund. |
---|
8681 | | - | SECTION 183. IC 20-40-2-6, AS AMENDED BY P.L.139-2022, SECTION 19, IS AMENDED TO |
---|
8682 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) Each school corporation and, if |
---|
8683 | | - | applicable, charter school, shall make every reasonable effort to transfer not more than fifteen percent |
---|
8684 | | - | (15%) of the total revenue deposited in the school corporation's or, if applicable, charter school's, |
---|
8685 | | - | education fund from the school corporation's or, if applicable, charter school's, education fund to the |
---|
8686 | | - | school corporation's or, if applicable, charter school's, operations fund during a calendar year. |
---|
8687 | | - | (b) Only after the transfer is authorized by the governing body in a public meeting with public notice, |
---|
8688 | | - | money in the education fund may be transferred to the operations fund to cover expenditures that are not |
---|
8689 | | - | allocated to student instruction and learning under IC 20-42.5. The amount transferred from the education |
---|
8690 | | - | fund to the operations fund shall be reported by the school corporation or, if applicable, charter school, |
---|
8691 | | - | to the department. The transfers made during the: |
---|
8692 | | - | (1) first six (6) months of each state fiscal year shall be reported before January 31 of the following |
---|
8693 | | - | year; and |
---|
8694 | | - | (2) last six (6) months of each state fiscal year shall be reported before July 31 of that year. |
---|
8695 | | - | (c) The report must include information as required by the department and in the form required by the |
---|
8696 | | - | department. |
---|
8697 | | - | (d) The department must post the report submitted under subsection (b) on the department's Internet |
---|
8698 | | - | web site. website. |
---|
8699 | | - | (e) Beginning in 2020, the department shall track for each school corporation or, if applicable, |
---|
8700 | | - | charter school, transfers from the school corporation's or, if applicable, charter school's, education fund |
---|
8701 | | - | to its operations fund for the preceding six (6) month period. Beginning in 2021, before March 1 of each |
---|
8702 | | - | year, the department shall compile an excessive education fund transfer list comprised of all school |
---|
8703 | | - | corporations or, if applicable, charter schools, that transferred more than fifteen percent (15%) of the |
---|
8704 | | - | total revenue deposited in the school corporation's or, if applicable, charter school's, education fund |
---|
8705 | | - | from the school corporation's or, if applicable, charter school's, education fund to the school |
---|
8706 | | - | corporation's or, if applicable, charter school's, operations fund during the immediately preceding |
---|
8707 | | - | calendar year. A school corporation or, if applicable, charter school, that is not included on the |
---|
8708 | | - | HEA 1001 — CC 1 |
---|
8709 | | - | 201 excessive education fund transfer list is considered to have met the education fund transfer target |
---|
8710 | | - | percentage for the immediately preceding calendar year. |
---|
8711 | | - | SECTION 184. IC 20-40-9-7, AS AMENDED BY P.L.140-2018, SECTION 14, IS AMENDED TO |
---|
8712 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) Money in the fund may be used for |
---|
8713 | | - | payment of all unreimbursed costs of curricular materials for the school corporation's students who were |
---|
8714 | | - | eligible for free or reduced lunches in the previous school year. |
---|
8715 | | - | (b) Money in the fund may not be used for payment of debt service, lease payments, or similar |
---|
8716 | | - | obligations for a controlled project that is approved by the voters in a referendum under IC 6-1.1-20. |
---|
8717 | | - | (c) The governing body may transfer the amount levied to cover unreimbursed costs of curricular |
---|
8718 | | - | materials under this section to the curricular materials rental fund, the extracurricular account, or the |
---|
8719 | | - | education fund. |
---|
8720 | | - | SECTION 185. IC 20-40-18-1, AS ADDED BY P.L.244-2017, SECTION 86, IS AMENDED TO |
---|
8721 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) The governing body of each school |
---|
8722 | | - | corporation shall create an operations fund to be used by the school corporation after December 31, 2018. |
---|
8723 | | - | (b) The governing body of each charter school that receives a distribution of revenue received |
---|
8724 | | - | from a tax levy under IC 20-46-8-11.2 shall create an operations fund to be used by the charter |
---|
8725 | | - | school after December 31, 2024. |
---|
8726 | | - | SECTION 186. IC 20-40-18-2, AS ADDED BY P.L.244-2017, SECTION 86, IS AMENDED TO |
---|
8727 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The operations fund shall be used to |
---|
8728 | | - | deposit the following after December 31, 2018, in the case of a school corporation: |
---|
8729 | | - | (1) Revenue from the school corporation's operations fund property tax levy under IC 20-46-8. |
---|
8730 | | - | (2) The sum of the following excise tax revenue received for deposit in the fund in the calendar year |
---|
8731 | | - | in which the school year begins: |
---|
8732 | | - | (A) Financial institutions excise tax (IC 6-5.5). |
---|
8733 | | - | (B) Motor vehicle excise taxes (IC 6-6-5). |
---|
8734 | | - | (C) Commercial vehicle excise taxes (IC 6-6-5.5). |
---|
8735 | | - | (D) Boat excise tax (IC 6-6-11). |
---|
8736 | | - | (E) Aircraft license excise tax (IC 6-6-6.5). |
---|
8737 | | - | (3) Transfers from the education fund (IC 20-40-2) or the operating referendum tax levy fund (IC |
---|
8738 | | - | 20-40-3), if any. |
---|
8739 | | - | (4) Allocations of local income taxes to the school corporation under IC 6-3.6-6, if any. |
---|
8740 | | - | (b) The operations fund shall be used to deposit amounts distributed to the charter school under |
---|
8741 | | - | IC 20-46-8-11.2 after December 31, 2024. |
---|
8742 | | - | SECTION 187. IC 20-40-18-10.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
8743 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10.5. (a) This section applies only to eligible |
---|
8744 | | - | charter schools that receive amounts distributed under IC 20-46-8-11.2. |
---|
8745 | | - | (b) For purposes of this section, "charter board" means the governing body of the organizer (as |
---|
8746 | | - | defined in IC 20-24-1-7) of an eligible charter school. |
---|
8747 | | - | (c) The operations fund may be used only to do the following: |
---|
8748 | | - | (1) Carry out a capital projects plan under the following conditions: |
---|
8749 | | - | (A) The plan must include all proposed expenditures that exceed ten thousand dollars |
---|
8750 | | - | ($10,000) and are for: |
---|
8751 | | - | (i) capital assets; or |
---|
8752 | | - | (ii) projects that are considered capital in nature, including technology related projects. |
---|
8753 | | - | HEA 1001 — CC 1 |
---|
8754 | | - | 202 (B) If a charter school wants to use money in the operations fund during the year to pay for |
---|
8755 | | - | any items listed in clause (E) that are considered capital in nature, the charter board must |
---|
8756 | | - | approve a plan following a public hearing. The charter school shall post the proposed plan |
---|
8757 | | - | or proposed amended plan on the charter school's website before the hearing. The charter |
---|
8758 | | - | school shall submit the proposed capital projects plan to the department of local |
---|
8759 | | - | government finance's computer gateway at least ten (10) days before the public hearing. |
---|
8760 | | - | The department of local government finance shall make the proposed plan available at least |
---|
8761 | | - | ten (10) days before the hearing, through the department's computer gateway. If an |
---|
8762 | | - | amendment to a capital projects plan is proposed, the charter board must declare the |
---|
8763 | | - | nature of and need for the amendment in the plan amendment. |
---|
8764 | | - | (C) If a charter board adopts a plan under clause (B), the charter school must then submit |
---|
8765 | | - | the plan to the department of local government finance for inclusion on the department's |
---|
8766 | | - | computer gateway not later than thirty (30) days after adoption of the plan. The |
---|
8767 | | - | department of local government finance shall immediately make the proposed plan |
---|
8768 | | - | available through the gateway website. |
---|
8769 | | - | (D) This clause applies to an amendment to a plan that is required because of an emergency |
---|
8770 | | - | that results in costs that exceed the amount accumulated in the fund for repair, |
---|
8771 | | - | replacement, or site acquisition that is necessitated by an emergency. The charter board is |
---|
8772 | | - | not required to comply with clause (C). If the charter board determines that an emergency |
---|
8773 | | - | exists, the governing body may adopt an amendment to the plan. An amendment to a plan |
---|
8774 | | - | is not subject to the deadline and procedures for adoption of a plan described in this |
---|
8775 | | - | subdivision. |
---|
8776 | | - | (E) This clause sets forth an exclusive list of the expenditures that may be made from the |
---|
8777 | | - | operations fund under clause (B), as set forth in the charter board's plan or amended plan. |
---|
8778 | | - | Subject to the expenditures that are identified in the charter school's plan or amended plan, |
---|
8779 | | - | the operations fund shall be used for the following: |
---|
8780 | | - | (i) Site acquisition. |
---|
8781 | | - | (ii) Site development. |
---|
8782 | | - | (iii) Building acquisition, construction, replacement, renovation, remodeling, |
---|
8783 | | - | improvement, and maintenance, including building materials and employment services. |
---|
8784 | | - | (iv) Rental of real estate, buildings, facilities, and equipment. |
---|
8785 | | - | (v) To repair and replace buildings and to repair and replace building fixtures that are |
---|
8786 | | - | owned or leased by the charter school and of a type constituting loss capable of being |
---|
8787 | | - | covered by casualty insurance. |
---|
8788 | | - | (vi) Purchase, lease, repair, or maintenance of equipment, including maintenance vehicles |
---|
8789 | | - | to be used by the charter school. However, the fund may not be used to pay for the |
---|
8790 | | - | purchase, lease, repair, or maintenance of vehicles that are not maintenance vehicles, or |
---|
8791 | | - | equipment to be used primarily for interscholastic or extracurricular activities. |
---|
8792 | | - | (vii) Service contracts for janitorial and custodial services, maintenance services, snow |
---|
8793 | | - | and ice removal services, trash removal services, mowing and lawn care services, pest |
---|
8794 | | - | control services, and any other routine services normally required in the maintenance or |
---|
8795 | | - | upkeep of charter school facilities. |
---|
8796 | | - | (viii) Repair, replacement, or site acquisition that is necessitated by an emergency. |
---|
8797 | | - | HEA 1001 — CC 1 |
---|
8798 | | - | 203 (ix) Construction, repair, replacement, remodeling, or maintenance of a school sports |
---|
8799 | | - | facility. |
---|
8800 | | - | (x) Utilities. |
---|
8801 | | - | (xi) Property and casualty insurance. |
---|
8802 | | - | (xii) Purchase, lease, upgrade, maintenance, or repair technology that will not be |
---|
8803 | | - | allocated to student instruction and learning, to include computer hardware, computer |
---|
8804 | | - | software, wiring and computer networks, and communication access systems used to |
---|
8805 | | - | connect with computer networks or electronic gateways; services of full-time or part-time |
---|
8806 | | - | computer maintenance employees; conducting nonrecurring inservice technology training |
---|
8807 | | - | of school employees; implementing the technology preparation curriculum; participating |
---|
8808 | | - | in a program to provide educational technologies, including computers in the homes of |
---|
8809 | | - | students (commonly referred to as "the buddy system project") under IC 20-20-13-6, the |
---|
8810 | | - | 4R's technology program, or any other program under the educational technology |
---|
8811 | | - | program described in IC 20-20-13; and obtaining any combination of equipment or |
---|
8812 | | - | services in the preceding two (2) categories of this item. |
---|
8813 | | - | (xiii) Services of charter school employees who perform services considered to be a skilled |
---|
8814 | | - | trade by the United States Department of Labor, Employment and Training |
---|
8815 | | - | Administration. For purposes of this item, skilled trade services do not include janitorial |
---|
8816 | | - | or comparable routine services normally provided in the daily operation of school |
---|
8817 | | - | facilities or equipment. Payment may be made for employee services only if the employees |
---|
8818 | | - | perform construction of, renovation of, remodeling of, repair of, or maintenance on the |
---|
8819 | | - | facilities and equipment of the charter school. |
---|
8820 | | - | (2) Pay transportation costs under the following conditions: |
---|
8821 | | - | (A) A charter school shall use the operations fund to pay the transportation costs |
---|
8822 | | - | attributable to transportation of school children as specified in clause (B). |
---|
8823 | | - | (B) Only the following costs are payable from the fund: |
---|
8824 | | - | (i) Salaries paid to bus drivers, transportation supervisors, mechanics and garage |
---|
8825 | | - | employees, clerks, and other transportation related employees. |
---|
8826 | | - | (ii) Contracted transportation services. |
---|
8827 | | - | (iii) Wages of independent contractors. |
---|
8828 | | - | (iv) Contracts with common carriers. |
---|
8829 | | - | (v) Student fares. |
---|
8830 | | - | (vi) Transportation related insurance. |
---|
8831 | | - | (vii) Other expenses of operating the school corporation's transportation service, |
---|
8832 | | - | including gasoline, lubricants, tires, repairs, contracted repairs, parts, supplies, |
---|
8833 | | - | equipment, and other related expenses. |
---|
8834 | | - | (C) Percentages or parts of salaries of teaching personnel or principals are not attributable |
---|
8835 | | - | to transportation. However, parts of salaries of instructional aides who are assigned to |
---|
8836 | | - | assist with the school transportation program are attributable to transportation. The costs |
---|
8837 | | - | described in this clause (other than instructional aide costs) may not be budgeted for |
---|
8838 | | - | payment or paid from the fund. |
---|
8839 | | - | (D) Costs for a calendar year are those costs attributable to transportation for students |
---|
8840 | | - | during the school year ending in the calendar year. |
---|
8841 | | - | HEA 1001 — CC 1 |
---|
8842 | | - | 204 (3) Carry out a school bus replacement plan approved by the charter school board under the |
---|
8843 | | - | following conditions: |
---|
8844 | | - | (A) Before a charter school may use money in the operations fund for replacing school |
---|
8845 | | - | buses, a resolution approving the school bus replacement plan or amended plan must be |
---|
8846 | | - | submitted to the department of local government finance. |
---|
8847 | | - | (B) The department of local government finance shall prescribe the format of the plan. A |
---|
8848 | | - | plan must apply to at least the five (5) budget years immediately following the year the plan |
---|
8849 | | - | is adopted and include at least an estimate for each year to which it applies of the nature |
---|
8850 | | - | and amount of proposed expenditures from the fund, and if the school corporation is |
---|
8851 | | - | seeking to acquire or contract for transportation services that will provide additional school |
---|
8852 | | - | buses or school buses with a larger seating capacity as compared with the number and type |
---|
8853 | | - | of school buses from the prior school year, evidence of a demand for increased |
---|
8854 | | - | transportation services within the school corporation. However, the evidence requirement |
---|
8855 | | - | regarding a contract for transportation services does not apply if contracted transportation |
---|
8856 | | - | services are not paid from the fund. |
---|
8857 | | - | (C) If the charter school is seeking to require a contractor to replace a school bus, evidence |
---|
8858 | | - | that the need exists for the replacement of the school bus. This clause does not apply if |
---|
8859 | | - | contracted transportation services are not paid from the operations fund. |
---|
8860 | | - | (D) Evidence that the charter school that seeks to acquire additional school buses under this |
---|
8861 | | - | subdivision is acquiring or contracting for the school buses only for the purposes specified |
---|
8862 | | - | in clause (B) or for replacement purposes. |
---|
8863 | | - | (E) If a charter school wants to use money in the operations fund during the year to pay for |
---|
8864 | | - | school bus replacement, the governing body must adopt a resolution approving the bus |
---|
8865 | | - | replacement plan or amended plan. The charter school shall post the proposed plan or |
---|
8866 | | - | proposed amended plan on the charter school's website before the hearing. The governing |
---|
8867 | | - | body must hold a hearing on the adoption of the plan. The charter school shall submit the |
---|
8868 | | - | proposed school bus replacement plan or amended plan to the department of local |
---|
8869 | | - | government finance's computer gateway at least ten (10) days before the hearing on the |
---|
8870 | | - | adoption of the plan. The department of local government finance shall make the proposed |
---|
8871 | | - | plan available to taxpayers, at least ten (10) days before the hearing, through the |
---|
8872 | | - | department's computer gateway. If an amendment to a bus replacement plan is being |
---|
8873 | | - | proposed, the charter school must declare the nature of and the need for the amendment |
---|
8874 | | - | in the resolution to adopt the amendment to the plan. |
---|
8875 | | - | (4) Pay expenses that are allocated to overhead and operational expenditures. |
---|
8876 | | - | (5) Establish, maintain, and equip a public playground. |
---|
8877 | | - | SECTION 188. IC 20-40-18-11, AS ADDED BY P.L.244-2017, SECTION 86, IS AMENDED TO |
---|
8878 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) Only after the transfer is authorized by |
---|
8879 | | - | the governing body in a public meeting with public notice, money in the operations fund may be |
---|
8880 | | - | transferred to the education fund to cover expenditures that are allocated to student instruction and |
---|
8881 | | - | learning under IC 20-42.5. The amount transferred from the operations fund to the education fund shall |
---|
8882 | | - | be reported by the school corporation or, if applicable, charter school, to the department. The transfers |
---|
8883 | | - | made during the: |
---|
8884 | | - | (1) first six (6) months of each state fiscal year shall be reported before January 31 of the following |
---|
8885 | | - | year; and |
---|
8886 | | - | HEA 1001 — CC 1 |
---|
8887 | | - | 205 (2) last six (6) months of each state fiscal year shall be reported before July 31 of that year. |
---|
8888 | | - | (b) The report must include a description of each purpose for which a transfer was made and the |
---|
8889 | | - | amount of the transfer that corresponded to each purpose. |
---|
8890 | | - | (c) The department must post the report submitted under subsection (a) on the department's Internet |
---|
8891 | | - | web site. website. |
---|
8892 | | - | SECTION 189. IC 20-40-22 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO |
---|
8893 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
8894 | | - | Chapter 22. Curricular Materials Fund |
---|
8895 | | - | Sec. 1. As used in this chapter, "accredited nonpublic school" means a nonpublic school that: |
---|
8896 | | - | (1) has voluntarily become accredited under IC 20-31-4.1; or |
---|
8897 | | - | (2) is accredited by a national or regional accrediting agency that is recognized by the state |
---|
8898 | | - | board of education. |
---|
8899 | | - | Sec. 2. As used in this chapter, "eligible student" means a child or an emancipated minor: |
---|
8900 | | - | (1) who is enrolled in an accredited nonpublic school in kindergarten or grades 1 through 12; |
---|
8901 | | - | and |
---|
8902 | | - | (2) in the case of: |
---|
8903 | | - | (A) a child, whose parent meets; or |
---|
8904 | | - | (B) an emancipated minor, meets; |
---|
8905 | | - | the financial eligibility standard under IC 20-33-5. |
---|
8906 | | - | Sec. 3. As used in this chapter, "fund" refers to the curricular materials fund established by |
---|
8907 | | - | section 5 of this chapter. |
---|
8908 | | - | Sec. 4. As used in this chapter, "public school" means a: |
---|
8909 | | - | (1) school maintained by a school corporation; or |
---|
8910 | | - | (2) charter school. |
---|
8911 | | - | Sec. 5. (a) The curricular materials fund is established. The department shall administer the |
---|
8912 | | - | fund. The purpose of the fund is to provide funding for: |
---|
8913 | | - | (1) state advancements or reimbursements of costs incurred by public schools to provide |
---|
8914 | | - | curricular materials to students at no cost as required under IC 20-26-12-1; and |
---|
8915 | | - | (2) reimbursements of costs incurred by a parent of an eligible student, or an eligible student, |
---|
8916 | | - | for curricular materials as provided under IC 20-33-5-9. |
---|
8917 | | - | (b) The fund consists of the following: |
---|
8918 | | - | (1) Appropriations by the general assembly. |
---|
8919 | | - | (2) Donations. |
---|
8920 | | - | (3) Federal grants or other federal appropriations. |
---|
8921 | | - | (4) Interest and other earnings derived from investment of money in the fund. |
---|
8922 | | - | (c) The treasurer of state shall invest money in the fund not currently needed to meet the |
---|
8923 | | - | obligations of the fund in the same manner as other public money may be invested. Interest that |
---|
8924 | | - | accrues from these investments must be deposited in the fund. |
---|
8925 | | - | (d) Money in the fund is continually appropriated for the purposes of this chapter. |
---|
8926 | | - | (e) Money in the fund may not be used for the costs of administering this chapter. |
---|
8927 | | - | Sec. 6. Money in the fund may be used only for the: |
---|
8928 | | - | (1) advancement of costs or reimbursement of expenditures incurred by a public school to |
---|
8929 | | - | purchase curricular materials that are provided to each student at no cost as required by |
---|
8930 | | - | IC 20-26-12-1; and |
---|
8931 | | - | HEA 1001 — CC 1 |
---|
8932 | | - | 206 (2) reimbursements of costs incurred by a parent of an eligible student, or an eligible student |
---|
8933 | | - | for curricular materials as provided under IC 20-33-5-9. |
---|
8934 | | - | Sec. 7. The department shall annually determine an average cost amount per student for |
---|
8935 | | - | curricular materials to determine the distribution amount under this chapter. The amount |
---|
8936 | | - | determined by the department under this section must be identical for all students of public schools |
---|
8937 | | - | and eligible students. |
---|
8938 | | - | Sec. 8. (a) The department shall annually determine the total distribution amount from the fund |
---|
8939 | | - | in a state fiscal year. |
---|
8940 | | - | (b) Beginning October 1, 2023, and October 1 each year thereafter, the department shall |
---|
8941 | | - | distribute from the fund to each public school and each accredited nonpublic school from which a |
---|
8942 | | - | reimbursement request was received under IC 20-33-5-9 an amount equal to: |
---|
8943 | | - | (1) the average cost amount per student for curricular materials as determined under section |
---|
8944 | | - | 7 of this chapter; multiplied by |
---|
8945 | | - | (2) in the case of: |
---|
8946 | | - | (A) a public school, the fall count of ADM for the public school; and |
---|
8947 | | - | (B) an accredited nonpublic school, the number of eligible students for whom a request for |
---|
8948 | | - | reimbursement was submitted under IC 20-33-5-9. |
---|
8949 | | - | (c) If the total distribution amount from the fund is less than the amount needed to pay the cost |
---|
8950 | | - | of all curricular materials provided and the cost of reimbursements under this chapter, the |
---|
8951 | | - | department shall make distributions from the fund to each public school and each applicable |
---|
8952 | | - | accredited nonpublic school based on the cost of curricular materials per student as determined |
---|
8953 | | - | under section 7 of this chapter on a pro rata basis. |
---|
8954 | | - | Sec. 9. Each public school shall establish a separate curricular materials account for the purpose |
---|
8955 | | - | of receiving distributions under this chapter, amounts received from the rental of curricular |
---|
8956 | | - | materials to nonpublic schools, and fees collected under IC 20-26-12-1(b) for lost or significantly |
---|
8957 | | - | damaged curricular materials. A public school that receives a distribution of money from the |
---|
8958 | | - | curricular materials fund under this chapter shall deposit the distributed amount in the public |
---|
8959 | | - | school's curricular materials account. Money in the account may be used only for the costs of |
---|
8960 | | - | curricular materials. |
---|
8961 | | - | SECTION 190. IC 20-41-1-2, AS AMENDED BY P.L.238-2019, SECTION 16, IS AMENDED TO |
---|
8962 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. Any self-supporting programs maintained |
---|
8963 | | - | by a school corporation, including |
---|
8964 | | - | (1) school lunch, and |
---|
8965 | | - | (2) rental or sale of curricular materials; |
---|
8966 | | - | may be established as a separate funds, fund, separate and apart from any other school corporation fund, |
---|
8967 | | - | if no local tax rate is established for the programs. |
---|
8968 | | - | SECTION 191. IC 20-41-1-2, AS AMENDED BY HEA 1040-2023, SECTION 7, IS AMENDED TO |
---|
8969 | | - | READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 2. Any self-supporting programs |
---|
8970 | | - | maintained by a school corporation, excluding |
---|
8971 | | - | (1) school lunch, and |
---|
8972 | | - | (2) rental or sale of curricular materials; |
---|
8973 | | - | may be established as a separate funds, fund, separate and apart from any other school corporation fund, |
---|
8974 | | - | if no local tax rate is established for the programs. |
---|
8975 | | - | HEA 1001 — CC 1 |
---|
8976 | | - | 207 SECTION 192. IC 20-41-2-2 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 2. Each township |
---|
8977 | | - | trustee in operating a curricular materials rental program may use either of the following accounting |
---|
8978 | | - | methods: |
---|
8979 | | - | (1) The township trustee may supervise and control the program through its school corporation |
---|
8980 | | - | account by establishing a curricular materials rental fund. |
---|
8981 | | - | (2) If curricular materials have not been purchased and financial commitments or guarantees for the |
---|
8982 | | - | purchases have not been made by the school corporation, the township trustee may have the program |
---|
8983 | | - | operated by the individual schools of the school corporation through the school corporation's |
---|
8984 | | - | extracurricular account or accounts under IC 20-41-1. |
---|
8985 | | - | SECTION 193. IC 20-41-2-5, AS AMENDED BY P.L.140-2018, SECTION 18, IS AMENDED TO |
---|
8986 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) A governing body in operating a |
---|
8987 | | - | curricular materials rental program under IC 20-26-5-4(a)(12) may use either of the following accounting |
---|
8988 | | - | methods: |
---|
8989 | | - | (1) The governing body may supervise and control the program through the school corporation's |
---|
8990 | | - | curricular materials rental fund or education fund. |
---|
8991 | | - | (2) If curricular materials have not been purchased and financial commitments or guarantees for the |
---|
8992 | | - | purchases have not been made by the school corporation, the governing body may cause the program |
---|
8993 | | - | to be operated by the individual schools of the school corporation through the school corporation's |
---|
8994 | | - | extracurricular account or accounts in accordance with IC 20-41-1. |
---|
8995 | | - | (b) If the governing body determines that a hardship exists due to the inability of a student's family or |
---|
8996 | | - | an emancipated minor to purchase or rent pay any required fees or a reasonable fee for lost or |
---|
8997 | | - | significantly damaged curricular materials, taking into consideration the income of the family or the |
---|
8998 | | - | emancipated minor and the demands on the family or emancipated minor, the governing body may |
---|
8999 | | - | furnish curricular materials to the student without charge, without reference to the application of any other |
---|
9000 | | - | statute or rule except IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1. waive |
---|
9001 | | - | the fee. |
---|
9002 | | - | SECTION 194. IC 20-41-2-5, AS AMENDED BY HEA 1040-2023, SECTION 13, IS AMENDED |
---|
9003 | | - | TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 5. (a) A governing body in operating |
---|
9004 | | - | a curricular materials rental program under IC 20-26-5-4(a)(12) must supervise and control the program |
---|
9005 | | - | through the school corporation's curricular materials rental fund or education fund. |
---|
9006 | | - | (b) If the governing body determines that a hardship exists due to the inability of a student's family or |
---|
9007 | | - | an emancipated minor to purchase or rent pay any required fees or a reasonable fee for lost or |
---|
9008 | | - | significantly damaged curricular materials, taking into consideration the income of the family or the |
---|
9009 | | - | emancipated minor and the demands on the family or emancipated minor, the governing body may |
---|
9010 | | - | furnish curricular materials to the student without charge, without reference to the application of any other |
---|
9011 | | - | statute or rule except IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1. waive |
---|
9012 | | - | the fee. |
---|
9013 | | - | SECTION 195. IC 20-41-2-6, AS AMENDED BY P.L.244-2017, SECTION 89, IS AMENDED TO |
---|
9014 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) If a school lunch fund is established |
---|
9015 | | - | under section 4 of this chapter and the school corporation's education fund is used under section 5 of this |
---|
9016 | | - | chapter, the receipts and expenditures from a fund for the program to which the fund relates shall be made |
---|
9017 | | - | to and from the appropriate fund without appropriation or the application of other statutes and rules |
---|
9018 | | - | relating to the budgets of municipal corporations. |
---|
9019 | | - | HEA 1001 — CC 1 |
---|
9020 | | - | 208 (b) If either the lunch program or the curricular materials rental program is handled through the |
---|
9021 | | - | extracurricular account, the governing body of the school corporation shall approve the amount of the |
---|
9022 | | - | bond of the treasurer of the extracurricular account in an amount the governing body considers sufficient |
---|
9023 | | - | to protect the account for all funds coming into the hands of the treasurer of the account. |
---|
9024 | | - | SECTION 196. IC 20-42-3-10, AS AMENDED BY P.L.286-2013, SECTION 124, IS AMENDED TO |
---|
9025 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. The trustee, with the advice and consent |
---|
9026 | | - | of the township board, shall use the account for the following educational purposes: |
---|
9027 | | - | (1) Each year the trustee shall pay, to the parent or legal guardian of any child or emancipated |
---|
9028 | | - | minor whose residence is within the township, the initial cost for the rental of curricular materials |
---|
9029 | | - | used in any elementary or secondary school that has been accredited by the state. The reimbursement |
---|
9030 | | - | for the rental of curricular materials shall be for the initial yearly rental charge only. the following: |
---|
9031 | | - | (A) Any reasonable fees for lost or significantly damaged curricular materials used in any |
---|
9032 | | - | elementary or secondary school that has been accredited by the state. However, a |
---|
9033 | | - | reimbursement under this subdivision may only be made one (1) time to the parent or |
---|
9034 | | - | guardian of any particular child or any particular emancipated minor. Curricular materials |
---|
9035 | | - | subsequently lost or destroyed may not be paid for from this account. |
---|
9036 | | - | (B) Any other required class fees, that are not curricular materials, used in any elementary |
---|
9037 | | - | or secondary school that has been accredited by the state. |
---|
9038 | | - | (2) Students who are residents of the township for the last two (2) years of their secondary education |
---|
9039 | | - | and who still reside within the township are entitled to receive financial assistance in an amount not |
---|
9040 | | - | to exceed an amount determined by the trustee and the township board during an annual review of |
---|
9041 | | - | postsecondary education fees and tuition costs of education at any accredited postsecondary |
---|
9042 | | - | educational institution. Amounts to be paid to each eligible student shall be set annually after this |
---|
9043 | | - | review. The amount paid each year must be: |
---|
9044 | | - | (A) equitable for every eligible student without regard to race, religion, creed, sex, disability, or |
---|
9045 | | - | national origin; and |
---|
9046 | | - | (B) based on the number of students and the amount of funds available each year. |
---|
9047 | | - | (3) A person who has been a permanent resident of the township continuously for at least two (2) |
---|
9048 | | - | years and who needs educational assistance for job training or retraining may apply to the trustee |
---|
9049 | | - | of the township for financial assistance. The trustee and the township board shall review each |
---|
9050 | | - | application and make assistance available according to the need of each applicant and the |
---|
9051 | | - | availability of funds. |
---|
9052 | | - | (4) If all the available funds are not used in any one (1) year, the unused funds shall be retained in |
---|
9053 | | - | the account by the trustee for use in succeeding years. |
---|
9054 | | - | SECTION 197. IC 20-43-1-1, AS AMENDED BY P.L.165-2021, SECTION 158, IS AMENDED TO |
---|
9055 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 1. This article expires June 30, 2023. 2025. |
---|
9056 | | - | SECTION 198. IC 20-43-1-3 IS REPEALED [EFFECTIVE JUNE 29, 2023]. Sec. 3. "Honors |
---|
9057 | | - | designation award" refers to the amount determined under IC 20-43-10-2. |
---|
9058 | | - | SECTION 199. IC 20-43-2-3, AS AMENDED BY P.L.10-2019, SECTION 89, IS AMENDED TO |
---|
9059 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 3. In determining the total amount to be |
---|
9060 | | - | distributed for purposes of section 2 of this chapter, distributions: |
---|
9061 | | - | (1) as basic tuition support; |
---|
9062 | | - | (2) for honors designation awards; academic performance grants; |
---|
9063 | | - | (3) for special education grants; |
---|
9064 | | - | HEA 1001 — CC 1 |
---|
9065 | | - | 209 (4) for career and technical education grants; |
---|
9066 | | - | (5) for choice scholarships; and |
---|
9067 | | - | (6) for Mitch Daniels early graduation scholarships; and |
---|
9068 | | - | (7) for non-English speaking program grants under IC 20-43-10-4; |
---|
9069 | | - | are to be considered for a particular state fiscal year. |
---|
9070 | | - | SECTION 200. IC 20-43-3-8, AS AMENDED BY P.L.165-2021, SECTION 160, IS AMENDED TO |
---|
9071 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 8. A school corporation's foundation amount |
---|
9072 | | - | is the following: |
---|
9073 | | - | (1) Five thousand nine hundred ninety-five dollars ($5,995) for the state fiscal year beginning July |
---|
9074 | | - | 1, 2021. |
---|
9075 | | - | (2) Six thousand two hundred thirty-five dollars ($6,235) for the state fiscal year beginning July 1, |
---|
9076 | | - | 2022. |
---|
9077 | | - | (1) Six thousand five hundred ninety dollars ($6,590) for the state fiscal year beginning July |
---|
9078 | | - | 1, 2023. |
---|
9079 | | - | (2) Six thousand six hundred eighty-one dollars ($6,681) for the state fiscal year beginning July |
---|
9080 | | - | 1, 2024. |
---|
9081 | | - | SECTION 201. IC 20-43-4-2, AS AMENDED BY P.L.130-2022, SECTION 5, IS AMENDED TO |
---|
9082 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 2. (a) Subject to section 3.7 of this chapter, |
---|
9083 | | - | a school corporation's ADM is the number of eligible pupils enrolled in: |
---|
9084 | | - | (1) the school corporation; or |
---|
9085 | | - | (2) a transferee corporation; |
---|
9086 | | - | on the day fixed in September by the state board for a fall count of students fall count day of ADM |
---|
9087 | | - | established under section 3 of this chapter and, if applicable, as subsequently adjusted under section 3.5 |
---|
9088 | | - | of this chapter. |
---|
9089 | | - | (b) Subject to section 3.7 of this chapter, a school corporation shall determine the number of eligible |
---|
9090 | | - | pupils enrolled in: |
---|
9091 | | - | (1) the school corporation; or |
---|
9092 | | - | (2) a transferee corporation; |
---|
9093 | | - | on the day fixed in February by the state board for a spring count of students under section 3 of this |
---|
9094 | | - | chapter and, if applicable, as subsequently adjusted under section 3.5 of this chapter. |
---|
9095 | | - | (c) Each school corporation shall, before April 1 of each year, provide to the department an estimate |
---|
9096 | | - | of the school corporation's ADM that will result from the following fall count of eligible pupils. in the |
---|
9097 | | - | following September. The department may update and adjust the estimate as determined appropriate by |
---|
9098 | | - | the department. In each odd-numbered year, the department shall provide the updated and adjusted |
---|
9099 | | - | estimate of the school corporation's ADM to the legislative services agency before April 10 of that year. |
---|
9100 | | - | Upon request, the department shall provide a school corporation with an estimate of the school |
---|
9101 | | - | corporation's ADM. |
---|
9102 | | - | (d) A new charter school shall submit an enrollment estimate to the department before April 1 of the |
---|
9103 | | - | year the new charter school will be open for enrollment. The department shall use the new charter school's |
---|
9104 | | - | enrollment estimate as the basis for the new charter school's distribution beginning in July and until actual |
---|
9105 | | - | ADM is available, subject to section 9 of this chapter. However, if the new charter school's enrollment |
---|
9106 | | - | estimate is greater than eighty percent (80%) of the new charter school's authorized enrollment cap, the |
---|
9107 | | - | department may use that enrollment estimate if the department has requested and reviewed other |
---|
9108 | | - | enrollment data that support that enrollment estimate. However, if the enrollment data requested and |
---|
9109 | | - | HEA 1001 — CC 1 |
---|
9110 | | - | 210 reviewed by the department does not support the enrollment estimate submitted by the new charter school, |
---|
9111 | | - | the department shall determine the estimated ADM based on the enrollment data requested and reviewed |
---|
9112 | | - | by the department. In each odd-numbered year, the department shall provide the new charter school's |
---|
9113 | | - | estimated ADM to the legislative services agency before April 10 of that year. |
---|
9114 | | - | SECTION 202. IC 20-43-4-3, AS AMENDED BY P.L.130-2022, SECTION 6, IS AMENDED TO |
---|
9115 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 3. (a) Subject to section 3.7 of this chapter |
---|
9116 | | - | and subsection (b), the state board shall make an ADM count of the eligible pupils enrolled in each |
---|
9117 | | - | school corporation two (2) times each school year, with one (1) count date occurring in each of the |
---|
9118 | | - | following periods: |
---|
9119 | | - | (1) The fall count of ADM shall be made on a day during September fixed by the state board. |
---|
9120 | | - | October 1 or another date set by the board to align the count of ADM with the federal pupil |
---|
9121 | | - | enrollment count. |
---|
9122 | | - | (2) The spring count of ADM shall be made on a day during February fixed by the state board. |
---|
9123 | | - | (b) If the fall count day of ADM falls on a Saturday, Sunday, national legal holiday recognized |
---|
9124 | | - | by the federal government, or a statewide holiday, the fall count of ADM shall be made on the |
---|
9125 | | - | immediately following day that is not a Saturday, Sunday, or national or statewide holiday. |
---|
9126 | | - | SECTION 203. IC 20-43-4-6.5, AS AMENDED BY P.L.148-2022, SECTION 3, IS AMENDED TO |
---|
9127 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 6.5. (a) Subject to subsection (b), for purposes |
---|
9128 | | - | of determining basic tuition support for a school corporation under IC 20-43-6-3, the department shall |
---|
9129 | | - | review the daily attendance of each student to determine whether, of the instructional services that the |
---|
9130 | | - | student receives from a school corporation, at least fifty percent (50%) is virtual instruction. The |
---|
9131 | | - | department shall review the daily attendance of a student under this subsection as follows: |
---|
9132 | | - | (1) Except as provided in section 6.7 of this chapter, for purposes of the fall count of ADM, the |
---|
9133 | | - | department shall review the attendance for each student on each school day from the school |
---|
9134 | | - | corporation's first day of school until the day fixed in September by the state board fall count day |
---|
9135 | | - | of ADM established under section 3 of this chapter. |
---|
9136 | | - | (2) For purposes of the spring count of ADM, the department shall review the attendance for each |
---|
9137 | | - | student on each school day from the first day after the date described in subdivision (1) until the date |
---|
9138 | | - | fixed in February by the state board under section 3 of this chapter. |
---|
9139 | | - | (b) In reviewing daily attendance under this section, the department shall take into consideration |
---|
9140 | | - | whether a student transferred to the school corporation during the dates described in subsection (a)(1) and |
---|
9141 | | - | (a)(2) that the department reviews daily attendance. |
---|
9142 | | - | SECTION 204. IC 20-43-6-3, AS AMENDED BY P.L.165-2021, SECTION 164, IS AMENDED TO |
---|
9143 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 3. (a) A school corporation's basic tuition |
---|
9144 | | - | support for a state fiscal year is the amount determined under the applicable provision of this section. |
---|
9145 | | - | (b) This subsection applies to a school corporation that does not have any students in the school |
---|
9146 | | - | corporation's current ADM for the year for whom, of the instructional services that the students receive |
---|
9147 | | - | from the school corporation, at least fifty percent (50%) is virtual instruction. The school corporation's |
---|
9148 | | - | basic tuition support for a state fiscal year is equal to the result using amount determined under STEP |
---|
9149 | | - | FOUR of the following formula: |
---|
9150 | | - | STEP ONE: Multiply the foundation amount by the school corporation's current ADM. |
---|
9151 | | - | STEP TWO: Multiply the school corporation's complexity index by: three thousand seven hundred |
---|
9152 | | - | seventy-five dollars ($3,775). |
---|
9153 | | - | HEA 1001 — CC 1 |
---|
9154 | | - | 211 (A) for the state fiscal year beginning July 1, 2023, three thousand nine hundred |
---|
9155 | | - | eighty-three dollars ($3,983); and |
---|
9156 | | - | (B) for the state fiscal year beginning July 1, 2024, four thousand twenty-four dollars |
---|
9157 | | - | ($4,024). |
---|
9158 | | - | STEP THREE: Multiply the STEP TWO amount by the school corporation's current ADM. |
---|
9159 | | - | STEP FOUR: Determine the sum of the STEP ONE amount and the STEP THREE amount. |
---|
9160 | | - | (c) This subsection applies to a school corporation that has students in the school corporation's current |
---|
9161 | | - | ADM for the year for whom, of the instructional services that the students receive from the school |
---|
9162 | | - | corporation, at least fifty percent (50%) is virtual instruction. The school corporation's basic tuition |
---|
9163 | | - | support for a state fiscal year is equal to the result using amount determined under STEP SEVEN of |
---|
9164 | | - | the following formula: |
---|
9165 | | - | STEP ONE: Determine the total number of students in the school corporation's current ADM for the |
---|
9166 | | - | year for whom, of the instructional services that the students receive from the school corporation, |
---|
9167 | | - | at least fifty percent (50%) is virtual instruction. |
---|
9168 | | - | STEP TWO: Determine the result of the school corporation's current ADM for the year minus the |
---|
9169 | | - | STEP ONE amount. |
---|
9170 | | - | STEP THREE: Determine the result of: |
---|
9171 | | - | (A) the foundation amount; multiplied by |
---|
9172 | | - | (B) the STEP TWO amount. |
---|
9173 | | - | STEP FOUR: Determine the result of: |
---|
9174 | | - | (A) the STEP ONE amount; multiplied by |
---|
9175 | | - | (B) eighty-five percent (85%) of the foundation amount. |
---|
9176 | | - | STEP FIVE: Multiply the school corporation's complexity index by: three thousand seven hundred |
---|
9177 | | - | seventy-five dollars ($3,775). |
---|
9178 | | - | (A) for the state fiscal year beginning July 1, 2023, three thousand nine hundred |
---|
9179 | | - | eighty-three dollars ($3,983); and |
---|
9180 | | - | (B) for the state fiscal year beginning July 1, 2024, four thousand twenty-four dollars |
---|
9181 | | - | ($4,024). |
---|
9182 | | - | STEP SIX: Multiply the STEP FIVE amount by the school corporation's current ADM. |
---|
9183 | | - | STEP SEVEN: Determine the sum of the STEP THREE amount, the STEP FOUR amount, |
---|
9184 | | - | and the STEP SIX amount. |
---|
9185 | | - | SECTION 205. IC 20-43-7-6, AS AMENDED BY P.L.165-2021, SECTION 165, IS AMENDED TO |
---|
9186 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. A school corporation's special education |
---|
9187 | | - | grant for a state fiscal year is equal to the sum of the following: |
---|
9188 | | - | (1) The nonduplicated count of pupils in programs for severe disabilities level one (1), including |
---|
9189 | | - | multiple disabilities, orthopedic impairment, emotional disability requiring full-time |
---|
9190 | | - | placement, severe intellectual disability, autism spectrum disorders, and traumatic brain |
---|
9191 | | - | injury, multiplied by the following: |
---|
9192 | | - | (A) Nine thousand six hundred fourteen dollars ($9,614) for the state fiscal year beginning July |
---|
9193 | | - | 1, 2021. |
---|
9194 | | - | (B) Ten thousand five hundred seventy-five dollars ($10,575) for the state fiscal year beginning |
---|
9195 | | - | July 1, 2022. |
---|
9196 | | - | (A) Eleven thousand one hundred four dollars ($11,104) for the state fiscal year beginning |
---|
9197 | | - | July 1, 2023. |
---|
9198 | | - | HEA 1001 — CC 1 |
---|
9199 | | - | 212 (B) Eleven thousand six hundred fifty-nine dollars ($11,659) for the state fiscal year |
---|
9200 | | - | beginning July 1, 2024. |
---|
9201 | | - | (2) The nonduplicated count of pupils in programs for severe disabilities level two (2), |
---|
9202 | | - | including blind or low vision, deaf or hard of hearing, and deaf and blind, multiplied by the |
---|
9203 | | - | following: |
---|
9204 | | - | (A) Eleven thousand one hundred four dollars ($11,104) for the state fiscal year beginning |
---|
9205 | | - | July 1, 2023. |
---|
9206 | | - | (B) Eleven thousand six hundred fifty-nine dollars ($11,659) for the state fiscal year |
---|
9207 | | - | beginning July 1, 2024. |
---|
9208 | | - | (2) (3) The nonduplicated count of pupils in programs of mild and moderate disabilities level one |
---|
9209 | | - | (1), including specific learning disability, developmental delay, and other health impairment, |
---|
9210 | | - | multiplied by the following: |
---|
9211 | | - | (A) Two thousand four hundred fifteen dollars ($2,415) for the state fiscal year beginning July |
---|
9212 | | - | 1, 2021. |
---|
9213 | | - | (B) Two thousand six hundred fifty-seven dollars ($2,657) for the state fiscal year beginning July |
---|
9214 | | - | 1, 2022. |
---|
9215 | | - | (A) Two thousand seven hundred ninety dollars ($2,790) for the state fiscal year beginning |
---|
9216 | | - | July 1, 2023. |
---|
9217 | | - | (B) Two thousand nine hundred thirty dollars ($2,930) for the state fiscal year beginning |
---|
9218 | | - | July 1, 2024. |
---|
9219 | | - | (4) The nonduplicated count of pupils in programs for mild and moderate disabilities level two |
---|
9220 | | - | (2), including emotional disability not requiring full-time placement, mild intellectual |
---|
9221 | | - | disability, and moderate intellectual disability, multiplied by the following: |
---|
9222 | | - | (A) Two thousand seven hundred ninety dollars ($2,790) for the state fiscal year beginning |
---|
9223 | | - | July 1, 2023. |
---|
9224 | | - | (B) Two thousand nine hundred thirty dollars ($2,930) for the state fiscal year beginning |
---|
9225 | | - | July 1, 2024. |
---|
9226 | | - | (3) (5) The duplicated count of pupils in programs for communication disorders multiplied by five |
---|
9227 | | - | hundred dollars ($500). the following: |
---|
9228 | | - | (A) Five hundred twenty-five dollars ($525) for the state fiscal year beginning July 1, 2023. |
---|
9229 | | - | (B) Five hundred fifty-one dollars ($551) for the state fiscal year beginning July 1, 2024. |
---|
9230 | | - | (4) (6) The cumulative count of pupils in homebound programs multiplied by five hundred dollars |
---|
9231 | | - | ($500). the following: |
---|
9232 | | - | (A) Five hundred twenty-five dollars ($525) for the state fiscal year beginning July 1, 2023. |
---|
9233 | | - | (B) Five hundred fifty-one dollars ($551) for the state fiscal year beginning July 1, 2024. |
---|
9234 | | - | (5) (7) The nonduplicated count of pupils in special preschool education programs multiplied by the |
---|
9235 | | - | following: |
---|
9236 | | - | (A) Three thousand one hundred fifty dollars ($3,150) for the state fiscal year beginning July 1, |
---|
9237 | | - | 2021. |
---|
9238 | | - | (B) Three thousand four hundred sixty-five dollars ($3,465) for the state fiscal year beginning |
---|
9239 | | - | July 1, 2022. |
---|
9240 | | - | (A) Three thousand six hundred thirty-eight dollars ($3,638) for the state fiscal year |
---|
9241 | | - | beginning July 1, 2023. |
---|
9242 | | - | HEA 1001 — CC 1 |
---|
9243 | | - | 213 (B) Three thousand eight hundred twenty dollars ($3,820) for the state fiscal year beginning |
---|
9244 | | - | July 1, 2024. |
---|
9245 | | - | SECTION 206. IC 20-43-8-4, AS AMENDED BY P.L.230-2017, SECTION 14, IS AMENDED TO |
---|
9246 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 4. (a) Except as provided under subsection |
---|
9247 | | - | (b), in addition to the amount a school corporation is entitled to receive in basic tuition support, each |
---|
9248 | | - | school corporation is entitled to receive a grant for career and technical education programs. For state |
---|
9249 | | - | fiscal years beginning after June 30, 2023, the amount of the grant is determined as follows: the sum |
---|
9250 | | - | of: |
---|
9251 | | - | (1) For state fiscal years beginning after June 30, 2015, and ending before July 1, 2018, under |
---|
9252 | | - | section 12 of this chapter. |
---|
9253 | | - | (2) For state fiscal years beginning after June 30, 2018, under section 15 of this chapter. |
---|
9254 | | - | (1) the aggregate amount determined under section 15 of this chapter; plus |
---|
9255 | | - | (2) the amount determined for the school corporation under section 15.5 of this chapter. |
---|
9256 | | - | (b) A school corporation may not receive a grant under this chapter for a student enrolled in a |
---|
9257 | | - | career and technical education program if the student is enrolled in the CSA program established |
---|
9258 | | - | by IC 20-51.4-3-1.5. |
---|
9259 | | - | SECTION 207. IC 20-43-8-15, AS AMENDED BY P.L.165-2021, SECTION 166, IS AMENDED TO |
---|
9260 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 15. (a) This section subsection applies to the |
---|
9261 | | - | state fiscal years year beginning after June 30, 2021. July 1, 2023, and ending June 30, 2024. A school |
---|
9262 | | - | corporation's career and technical education enrollment grant for a state fiscal year is the sum of the |
---|
9263 | | - | amounts determined under the following STEPS: |
---|
9264 | | - | STEP ONE: Determine for each career and technical education program provided by the school |
---|
9265 | | - | corporation: |
---|
9266 | | - | (A) the number of credit hours of the program (one (1) credit, two (2) credits, or three (3) |
---|
9267 | | - | credits); multiplied by |
---|
9268 | | - | (B) the number of pupils enrolled in the program; multiplied by |
---|
9269 | | - | (C) the following applicable amount: |
---|
9270 | | - | (i) Six hundred eighty dollars ($680) Seven hundred fourteen dollars ($714) for a career and |
---|
9271 | | - | technical education program designated by the department of workforce development as a high |
---|
9272 | | - | value level 1 program under section 7.5 of this chapter. |
---|
9273 | | - | (ii) One thousand twenty dollars ($1,020) One thousand seventy-one dollars ($1,071) for a |
---|
9274 | | - | career and technical education program designated by the department of workforce |
---|
9275 | | - | development as a high value level 2 program under section 7.5 of this chapter. |
---|
9276 | | - | (iii) Four hundred dollars ($400) for a career and technical education program designated by |
---|
9277 | | - | the department of workforce development as a moderate value level 1 program under section |
---|
9278 | | - | 7.5 of this chapter. |
---|
9279 | | - | (iv) Six hundred dollars ($600) for a career and technical education program designated by the |
---|
9280 | | - | department of workforce development as a moderate value level 2 program under section 7.5 |
---|
9281 | | - | of this chapter. |
---|
9282 | | - | (v) Two hundred dollars ($200) for a career and technical education program designated by the |
---|
9283 | | - | department of workforce development as a less than moderate value level 1 program under |
---|
9284 | | - | section 7.5 of this chapter. |
---|
9285 | | - | HEA 1001 — CC 1 |
---|
9286 | | - | 214 (vi) Three hundred dollars ($300) for a career and technical education program designated by |
---|
9287 | | - | the department of workforce development as a less than moderate value level 2 program under |
---|
9288 | | - | section 7.5 of this chapter. |
---|
9289 | | - | STEP TWO: Determine the number of pupils enrolled in an apprenticeship program or a work based |
---|
9290 | | - | learning program designated under section 7.5 of this chapter multiplied by five hundred dollars |
---|
9291 | | - | ($500). |
---|
9292 | | - | STEP THREE: Determine the number of pupils enrolled in an introductory program designated |
---|
9293 | | - | under section 7.5 of this chapter multiplied by three hundred dollars ($300). |
---|
9294 | | - | STEP FOUR: Determine the number of pupils enrolled in a planning for college and career course |
---|
9295 | | - | under section 7.5 of this chapter at the school corporation that is approved by the department of |
---|
9296 | | - | workforce development multiplied by one hundred fifty dollars ($150). |
---|
9297 | | - | STEP FIVE: Determine the number of pupils who travel from the school in which they are currently |
---|
9298 | | - | enrolled to another school to participate in a career and technical education program in which pupils |
---|
9299 | | - | from multiple schools are served at a common location multiplied by one hundred fifty dollars |
---|
9300 | | - | ($150). |
---|
9301 | | - | (b) This subsection applies to state fiscal years beginning after June 30, 2024. A school |
---|
9302 | | - | corporation's career and technical education enrollment grant for a state fiscal year is the sum of |
---|
9303 | | - | the amounts determined under the following STEPS: |
---|
9304 | | - | STEP ONE: Determine for each career and technical education program provided by the |
---|
9305 | | - | school corporation: |
---|
9306 | | - | (A) the number of credit hours of the program (one (1) credit, two (2) credits, or three (3) |
---|
9307 | | - | credits); multiplied by |
---|
9308 | | - | (B) the number of pupils enrolled in the program; multiplied by |
---|
9309 | | - | (C) the following applicable amount: |
---|
9310 | | - | (i) Seven hundred fourteen dollars ($714) for a career and technical education program |
---|
9311 | | - | designated by the department of workforce development as a high value level 1 program |
---|
9312 | | - | under section 7.5 of this chapter. |
---|
9313 | | - | (ii) One thousand seventy-one dollars ($1,071) for a career and technical education |
---|
9314 | | - | program designated by the department of workforce development as a high value level |
---|
9315 | | - | 2 program under section 7.5 of this chapter. |
---|
9316 | | - | (iii) Four hundred dollars ($400) for a career and technical education program |
---|
9317 | | - | designated by the department of workforce development as a moderate value level 1 |
---|
9318 | | - | program under section 7.5 of this chapter. |
---|
9319 | | - | (iv) Six hundred dollars ($600) for a career and technical education program designated |
---|
9320 | | - | by the department of workforce development as a moderate value level 2 program under |
---|
9321 | | - | section 7.5 of this chapter. |
---|
9322 | | - | (v) Two hundred dollars ($200) for a career and technical education program designated |
---|
9323 | | - | by the department of workforce development as a less than moderate value level 1 |
---|
9324 | | - | program under section 7.5 of this chapter. |
---|
9325 | | - | (vi) Three hundred dollars ($300) for a career and technical education program |
---|
9326 | | - | designated by the department of workforce development as a less than moderate value |
---|
9327 | | - | level 2 program under section 7.5 of this chapter. |
---|
9328 | | - | HEA 1001 — CC 1 |
---|
9329 | | - | 215 STEP TWO: Determine the number of pupils enrolled in an apprenticeship program or a work |
---|
9330 | | - | based learning program designated under section 7.5 of this chapter multiplied by five |
---|
9331 | | - | hundred dollars ($500). |
---|
9332 | | - | STEP THREE: Determine the number of pupils enrolled in an introductory program |
---|
9333 | | - | designated under section 7.5 of this chapter multiplied by three hundred dollars ($300). |
---|
9334 | | - | STEP FOUR: Determine the number of pupils enrolled in a planning for college and career |
---|
9335 | | - | course under section 7.5 of this chapter at the school corporation that is approved by the |
---|
9336 | | - | department of workforce development multiplied by one hundred fifty dollars ($150). |
---|
9337 | | - | STEP FIVE: Determine the number of pupils who travel from the school in which they are |
---|
9338 | | - | currently enrolled to another school to participate in a career and technical education |
---|
9339 | | - | program in which pupils from multiple schools are served at a common location multiplied by |
---|
9340 | | - | one hundred fifty dollars ($150). |
---|
9341 | | - | SECTION 208. IC 20-43-8-15.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
9342 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 15.5. (a) This section applies to a student |
---|
9343 | | - | who: |
---|
9344 | | - | (1) has legal settlement in Indiana; |
---|
9345 | | - | (2) is at least five (5) years of age and less than twenty-two (22) years of age on the date in the |
---|
9346 | | - | school year specified in IC 20-33-2-7; |
---|
9347 | | - | (3) is enrolled in grade 10, 11, or 12 in Indiana; and |
---|
9348 | | - | (4) meets one (1) of the following requirements: |
---|
9349 | | - | (A) The student: |
---|
9350 | | - | (i) successfully completed a modern youth apprenticeship or course sequence designated |
---|
9351 | | - | and approved under IC 20-51.4-4.5-6(a); and |
---|
9352 | | - | (ii) received an industry recognized credential with regard to the apprenticeship or |
---|
9353 | | - | course sequence. |
---|
9354 | | - | (B) The student successfully completed any other credential approved under subsection (h). |
---|
9355 | | - | (b) As used in this section, "CSA participating entity" has the meaning set forth in |
---|
9356 | | - | IC 20-51.4-2-3.2. |
---|
9357 | | - | (c) Subject to subsection (l), upon a student described in subsection (a) meeting the requirements |
---|
9358 | | - | under subsection (a)(4)(A) or (a)(4)(B), if the student is enrolled in an accredited or nonaccredited |
---|
9359 | | - | school that has one (1) or more employees, the department shall award a credential completion |
---|
9360 | | - | grant in an amount equal to five hundred dollars ($500) to the accredited or nonaccredited school. |
---|
9361 | | - | (d) Subject to subsection (l), upon a student described in subsection (a) meeting the requirements |
---|
9362 | | - | under subsection (a)(4)(A) or (a)(4)(B), and in addition to the grant amount awarded under |
---|
9363 | | - | subsection (c), the department shall award a credential completion grant in an amount equal to five |
---|
9364 | | - | hundred dollars ($500) to the CSA participating entity that provided the apprenticeship or course |
---|
9365 | | - | sequence described in subsection (a)(4)(A) or (a)(4)(B) that the student completed. |
---|
9366 | | - | (e) A CSA participating entity that receives a grant amount under subsection (d) may enter into |
---|
9367 | | - | an agreement with one (1) or more intermediaries (as defined in IC 22-4-2-41) or other CSA |
---|
9368 | | - | participating entities to share a grant amount received under subsection (d). |
---|
9369 | | - | (f) An accredited or nonaccredited school that is also a CSA participating entity may receive, if |
---|
9370 | | - | eligible, a grant award under: |
---|
9371 | | - | (1) subsection (c); |
---|
9372 | | - | (2) subsection (d); or |
---|
9373 | | - | HEA 1001 — CC 1 |
---|
9374 | | - | 216 (3) both subsections (c) and (d). |
---|
9375 | | - | (g) The department shall distribute the grants awarded under this section. |
---|
9376 | | - | (h) The department, in consultation with the governor's workforce cabinet, shall approve and |
---|
9377 | | - | maintain a list of credentials that are eligible for a credential completion grant under subsection |
---|
9378 | | - | (a)(4)(B). |
---|
9379 | | - | (i) The department shall approve a CSA provider that is also an employer who has partnered |
---|
9380 | | - | with an approved intermediary to offer an apprenticeship, modern youth apprenticeship, or |
---|
9381 | | - | program of study that culminates in an approved credential. The department may revoke an initial |
---|
9382 | | - | approval under this subsection if the provider fails to achieve an adequate outcome as determined |
---|
9383 | | - | by the department. |
---|
9384 | | - | (j) A grant awarded under this section to an eligible school (as defined in IC 20-51-1-4.7) does |
---|
9385 | | - | not count toward a student's choice scholarship amount calculated under IC 20-51-4-5 and is not |
---|
9386 | | - | subject to the maximum choice scholarship cap under IC 20-51-4-4. |
---|
9387 | | - | (k) The state board may adopt rules under IC 4-22-2 to implement this section. |
---|
9388 | | - | (l) The total amount of grants that may be awarded in a state fiscal year under this section may |
---|
9389 | | - | not exceed five million dollars ($5,000,000). |
---|
9390 | | - | (m) If the total amount to be distributed as credential completion grants for a particular state |
---|
9391 | | - | fiscal year exceeds the maximum amount allowed under subsection (l) for a state fiscal year, the |
---|
9392 | | - | total amount to be distributed as credential completion grants shall be proportionately reduced so |
---|
9393 | | - | that the total reduction equals the amount of the excess. |
---|
9394 | | - | (n) The amount of the reduction described in subsection (m) for a particular recipient is equal |
---|
9395 | | - | to the total amount of the excess multiplied by a fraction. The numerator of the fraction is the |
---|
9396 | | - | amount of the credential completion grant that the recipient would have received if a reduction |
---|
9397 | | - | were not made under this section. The denominator of the fraction is the total amount that would |
---|
9398 | | - | be distributed as credential completion grants to all recipients if a reduction were not made under |
---|
9399 | | - | this section. |
---|
9400 | | - | SECTION 209. IC 20-43-10-2 IS REPEALED [EFFECTIVE JUNE 29, 2023]. Sec. 2. (a) A school |
---|
9401 | | - | corporation's honors designation award for a state fiscal year is the amount determined using the following |
---|
9402 | | - | formula: |
---|
9403 | | - | STEP ONE: Determine the number of the school corporation's eligible pupils who: |
---|
9404 | | - | (A) successfully completed an Indiana diploma with a Core 40 with academic honors designation |
---|
9405 | | - | program; and |
---|
9406 | | - | (B) were receiving Supplemental Nutrition Assistance Program (SNAP) benefits, Temporary |
---|
9407 | | - | Assistance for Needy Families (TANF) benefits, or foster care services; |
---|
9408 | | - | in the school year ending in the previous state fiscal year. |
---|
9409 | | - | STEP TWO: Determine the result of: |
---|
9410 | | - | (A) the number of the school corporation's eligible pupils who: |
---|
9411 | | - | (i) successfully completed an Indiana diploma with a Core 40 with technical honors |
---|
9412 | | - | designation program; and |
---|
9413 | | - | (ii) were receiving Supplemental Nutrition Assistance Program (SNAP) benefits, Temporary |
---|
9414 | | - | Assistance for Needy Families (TANF) benefits, or foster care services; |
---|
9415 | | - | in the school year ending in the previous state fiscal year; minus |
---|
9416 | | - | (B) the number of eligible pupils who would otherwise be double counted under both clause (A) |
---|
9417 | | - | and STEP ONE. |
---|
9418 | | - | HEA 1001 — CC 1 |
---|
9419 | | - | 217 STEP THREE: Determine the sum of the number of eligible students determined under STEP ONE |
---|
9420 | | - | and the number of eligible students determined under STEP TWO. |
---|
9421 | | - | STEP FOUR: Multiply the STEP THREE amount by one thousand five hundred dollars ($1,500). |
---|
9422 | | - | STEP FIVE: Determine the result of: |
---|
9423 | | - | (A) the number of the school corporation's eligible pupils who successfully completed an Indiana |
---|
9424 | | - | diploma with a Core 40 with academic honors designation program in the school year ending in |
---|
9425 | | - | the previous state fiscal year; minus |
---|
9426 | | - | (B) the STEP ONE amount. |
---|
9427 | | - | STEP SIX: Determine the result of: |
---|
9428 | | - | (A) the number of the school corporation's eligible pupils who successfully completed an Indiana |
---|
9429 | | - | diploma with a Core 40 with technical honors designation program in the school year ending in |
---|
9430 | | - | the previous state fiscal year; minus |
---|
9431 | | - | (B) the number of the school corporation's eligible pupils who are counted under both clause (A) |
---|
9432 | | - | and STEP FIVE (A). |
---|
9433 | | - | STEP SEVEN: Determine the result of the STEP SIX amount minus the STEP TWO amount. |
---|
9434 | | - | STEP EIGHT: Determine the result of: |
---|
9435 | | - | (A) the STEP FIVE amount; plus |
---|
9436 | | - | (B) the STEP SEVEN amount. |
---|
9437 | | - | STEP NINE: Determine the result of: |
---|
9438 | | - | (A) the STEP EIGHT amount; multiplied by |
---|
9439 | | - | (B) one thousand one hundred dollars ($1,100). |
---|
9440 | | - | STEP TEN: Determine the sum of: |
---|
9441 | | - | (A) the STEP FOUR amount; plus |
---|
9442 | | - | (B) the STEP NINE amount. |
---|
9443 | | - | (b) An amount received by a school corporation as an honors designation award may be used only for: |
---|
9444 | | - | (1) any: |
---|
9445 | | - | (A) staff training; |
---|
9446 | | - | (B) program development; |
---|
9447 | | - | (C) equipment and supply expenditures; or |
---|
9448 | | - | (D) other expenses; |
---|
9449 | | - | directly related to the school corporation's honors designation program; and |
---|
9450 | | - | (2) the school corporation's program for high ability students. |
---|
9451 | | - | (c) A governing body that does not comply with this section for a school year is not eligible to receive |
---|
9452 | | - | an honors designation award for the following school year. |
---|
9453 | | - | SECTION 210. IC 20-43-10-3.5, AS AMENDED BY SEA 486-2023, SECTION 31, IS AMENDED |
---|
9454 | | - | TO READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 3.5. (a) As used in this section, "school" |
---|
9455 | | - | means a school corporation, charter school, and a virtual charter school. |
---|
9456 | | - | (b) Subject to the requirements of this section, a school qualifies for a teacher appreciation grant as |
---|
9457 | | - | provided in this section for a state fiscal year if one (1) or more licensed teachers: |
---|
9458 | | - | (1) employed in the classroom by the school; or |
---|
9459 | | - | (2) directly providing virtual education; |
---|
9460 | | - | were rated as effective or as highly effective, using the most recently completed teacher ratings. |
---|
9461 | | - | (c) A school may not receive a teacher appreciation grant under this section unless: |
---|
9462 | | - | HEA 1001 — CC 1 |
---|
9463 | | - | 218 (1) the school has in the state fiscal year in which the teacher appreciation grants are made under |
---|
9464 | | - | this section: |
---|
9465 | | - | (A) adopted an annual policy concerning the distribution of teacher appreciation grants; and |
---|
9466 | | - | (B) submitted the policy to the department for approval; and |
---|
9467 | | - | (2) the department has approved the policy. |
---|
9468 | | - | The department shall specify the date by which a policy described in subdivision (1) must be submitted |
---|
9469 | | - | to the department. |
---|
9470 | | - | (d) The amount of a teacher appreciation grant for a qualifying school corporation or virtual charter |
---|
9471 | | - | school is equal to: |
---|
9472 | | - | (1) thirty-seven dollars and fifty-cents ($37.50); multiplied by |
---|
9473 | | - | (2) the school's current ADM. |
---|
9474 | | - | However, the grant amount for a virtual charter school may not exceed the statewide average grant |
---|
9475 | | - | amount. |
---|
9476 | | - | (e) The following apply to the distribution of teacher appreciation grants: |
---|
9477 | | - | (1) If the total amount to be distributed as teacher appreciation grants for a particular state fiscal year |
---|
9478 | | - | exceeds the amount appropriated by the general assembly for teacher appreciation grants for that |
---|
9479 | | - | state fiscal year, the total amount to be distributed as teacher appreciation grants to schools shall be |
---|
9480 | | - | proportionately reduced so that the total reduction equals the amount of the excess. The amount of |
---|
9481 | | - | the reduction for a particular school is equal to the total amount of the excess multiplied by a |
---|
9482 | | - | fraction. The numerator of the fraction is the amount of the teacher appreciation grant that the school |
---|
9483 | | - | would have received if a reduction were not made under this section. The denominator of the |
---|
9484 | | - | fraction is the total amount that would be distributed as teacher appreciation grants to all schools if |
---|
9485 | | - | a reduction were not made under this section. |
---|
9486 | | - | (2) If the total amount to be distributed as teacher appreciation grants for a particular state fiscal year |
---|
9487 | | - | is less than the amount appropriated by the general assembly for teacher appreciation grants for that |
---|
9488 | | - | state fiscal year, the total amount to be distributed as teacher appreciation grants to schools for that |
---|
9489 | | - | particular state fiscal year shall be proportionately increased so that the total amount to be |
---|
9490 | | - | distributed equals the amount of the appropriation for that particular state fiscal year. |
---|
9491 | | - | (f) The annual teacher appreciation grant to which a school is entitled for a state fiscal year shall be |
---|
9492 | | - | distributed to the school before December 5 of that state fiscal year. |
---|
9493 | | - | (g) The following apply to a school's policy under subsection (c) concerning the distribution of teacher |
---|
9494 | | - | appreciation grants: |
---|
9495 | | - | (1) The governing body shall differentiate between a teacher rated as a highly effective teacher and |
---|
9496 | | - | a teacher rated as an effective teacher. The policy must provide that the amount of a stipend awarded |
---|
9497 | | - | to a teacher rated as a highly effective teacher must be at least twenty-five percent (25%) more than |
---|
9498 | | - | the amount of a stipend awarded to a teacher rated as an effective teacher. |
---|
9499 | | - | (2) The governing body of a school may differentiate between school buildings. |
---|
9500 | | - | (3) A stipend to an individual teacher in a particular year is not subject to collective bargaining and |
---|
9501 | | - | is in addition to the minimum salary or increases in salary set under IC 20-28-9-1.5. The governing |
---|
9502 | | - | body may provide that an amount not exceeding fifty percent (50%) of the amount of a stipend to |
---|
9503 | | - | an individual teacher in a particular state fiscal year becomes a permanent part of and increases the |
---|
9504 | | - | base salary of the teacher receiving the stipend for school years beginning after the state fiscal year |
---|
9505 | | - | in which the stipend is received. The addition to base salary is not subject to collective bargaining. |
---|
9506 | | - | HEA 1001 — CC 1 |
---|
9507 | | - | 219 (h) A teacher appreciation grant received by a school shall be allocated among and used only to pay |
---|
9508 | | - | cash stipends to all licensed teachers employed in the classroom who are rated as effective or as highly |
---|
9509 | | - | effective and employed by the school as of December 1. A school may allocate up to twenty percent |
---|
9510 | | - | (20%) of the grant received by the school to provide a supplemental award to teachers with less than five |
---|
9511 | | - | (5) years of service who are rated as effective or as highly effective. A school may allocate up to ten |
---|
9512 | | - | percent (10%) of the grant received by the school to provide a supplemental award to teachers who |
---|
9513 | | - | serve as mentors to teachers who have less than two (2) years of service. The supplemental award is |
---|
9514 | | - | awards are in addition to the award made from the part of the grant that is allocated to all eligible |
---|
9515 | | - | teachers. |
---|
9516 | | - | (i) The lead school corporation or interlocal cooperative administering a cooperative or other special |
---|
9517 | | - | education program or administering a career and technical education program, including programs |
---|
9518 | | - | managed under IC 20-26-10, IC 20-35-5, IC 20-37, or IC 36-1-7, shall award teacher appreciation grant |
---|
9519 | | - | stipends to and carry out the other responsibilities of an employing school corporation under this section |
---|
9520 | | - | for the teachers in the special education program or career and technical education program. |
---|
9521 | | - | (j) A school shall distribute all stipends from a teacher appreciation grant to individual teachers within |
---|
9522 | | - | twenty (20) business days of the date the department distributes the teacher appreciation grant to the |
---|
9523 | | - | school. Any part of the teacher appreciation grant not distributed as stipends to teachers before February |
---|
9524 | | - | must be returned to the department on the earlier of the date set by the department or June 30 of that state |
---|
9525 | | - | fiscal year. |
---|
9526 | | - | (k) The department, after review by the budget committee, may waive the December 5 deadline under |
---|
9527 | | - | subsection (f) to distribute an annual teacher appreciation grant to the school under this section for that |
---|
9528 | | - | state fiscal year and approve an extension of that deadline to a later date within that state fiscal year, if |
---|
9529 | | - | the department determines that a waiver and extension of the deadline are in the public interest. |
---|
9530 | | - | (l) The state board may adopt rules under IC 4-22-2, including emergency rules in the manner provided |
---|
9531 | | - | in IC 4-22-2-37.1, as necessary to implement this section. |
---|
9532 | | - | (m) This section expires June 30, 2023. 2025. |
---|
9533 | | - | SECTION 211. IC 20-43-10-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
9534 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 4. (a) In addition to the amount a school |
---|
9535 | | - | corporation is entitled to receive in basic tuition support, each school corporation is entitled to |
---|
9536 | | - | receive a grant for a non-English speaking program for students who have a primary language |
---|
9537 | | - | other than English and limited English proficiency as determined under this section. |
---|
9538 | | - | (b) Subject to subsection (c), for state fiscal years beginning after June 30, 2023, the grant |
---|
9539 | | - | amount is determined under the last STEP of the following formula: |
---|
9540 | | - | STEP ONE: Determine the number of students: |
---|
9541 | | - | (A) who score at level one (1) or level two (2) on the WIDA Consortium ACCESS |
---|
9542 | | - | assessment; or |
---|
9543 | | - | (B) who are English language learners with severe special needs that require a different |
---|
9544 | | - | assessment than the assessment described in clause (A) to assess English proficiency. |
---|
9545 | | - | STEP TWO: Multiply the STEP ONE result by five hundred fifty dollars ($550). |
---|
9546 | | - | STEP THREE: Determine the number of students: |
---|
9547 | | - | (A) who score at level three (3) or level four (4) on the WIDA Consortium ACCESS |
---|
9548 | | - | assessment; or |
---|
9549 | | - | (B) who score at level five (5) or higher on the Tier A form of the WIDA Consortium |
---|
9550 | | - | ACCESS assessment. |
---|
9551 | | - | HEA 1001 — CC 1 |
---|
9552 | | - | 220 STEP FOUR: Multiply the STEP THREE result by three hundred eighty-four dollars ($384). |
---|
9553 | | - | STEP FIVE: Determine the sum of the STEP TWO amount and the STEP FOUR amount. |
---|
9554 | | - | (c) For purposes of calculating the grant amount under this section for Gary Middle College |
---|
9555 | | - | charter schools, only students who are less than twenty-three (23) years of age may be counted in |
---|
9556 | | - | the formula under subsection (c). |
---|
9557 | | - | SECTION 212. IC 20-43-10.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO |
---|
9558 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: |
---|
9559 | | - | Chapter 10.5. Academic Performance Grants |
---|
9560 | | - | Sec. 1. (a) In addition to the amount a school corporation is entitled to receive in basic tuition |
---|
9561 | | - | support, each school corporation is eligible to receive an academic performance grant. Subject to |
---|
9562 | | - | subsection (b), the amount of a school corporation's grant for a state fiscal year is equal to the |
---|
9563 | | - | aggregate of each of the single largest amounts determined for each student under: |
---|
9564 | | - | (1) section 2 of this chapter; |
---|
9565 | | - | (2) section 3 of this chapter; |
---|
9566 | | - | (3) section 4(a)(1) of this chapter; |
---|
9567 | | - | (4) section 4(a)(2) of this chapter; or |
---|
9568 | | - | (5) section 4(a)(3) of this chapter. |
---|
9569 | | - | (b) If a school corporation: |
---|
9570 | | - | (1) received as part of a grant under this chapter in a previous state fiscal year an amount |
---|
9571 | | - | based on a determination of eligibility of a particular student under section 2 of this chapter |
---|
9572 | | - | or section 3 of this chapter; and |
---|
9573 | | - | (2) is determined by the department to be eligible in a subsequent state fiscal year for an |
---|
9574 | | - | amount based on a determination of eligibility of the same student under section 4 of this |
---|
9575 | | - | chapter; |
---|
9576 | | - | the school corporation may only receive as part of the school corporation's grant in the subsequent |
---|
9577 | | - | state fiscal year the amount equal to the greater of zero (0) or the difference between the amount |
---|
9578 | | - | described in subdivision (2) minus the amount described in subdivision (1). |
---|
9579 | | - | (c) Each school corporation and charter school shall submit information prescribed by the |
---|
9580 | | - | department that is necessary to make the determinations required under this chapter. |
---|
9581 | | - | Sec. 2. Subject to section 1 of this chapter, a school corporation's early graduation award for a |
---|
9582 | | - | state fiscal year is the amount determined using the following formula: |
---|
9583 | | - | STEP ONE: Determine the number of students who met the following conditions during the |
---|
9584 | | - | student's expected graduation year (as defined in IC 20-26-13-4) for the school year ending in |
---|
9585 | | - | the previous state fiscal year: |
---|
9586 | | - | (A) The student was enrolled in the school corporation on the fall count day of ADM |
---|
9587 | | - | established under IC 20-43-4-3. |
---|
9588 | | - | (B) The student successfully completed Indiana high school graduation requirements before |
---|
9589 | | - | the day in February fixed by the state board for the spring count of students under |
---|
9590 | | - | IC 20-43-4-3. |
---|
9591 | | - | (C) The student was not enrolled in the school corporation on the day in February fixed by |
---|
9592 | | - | the state board for the spring count of students under IC 20-43-4-3. |
---|
9593 | | - | STEP TWO: Multiply the STEP ONE result by one thousand five hundred dollars ($1,500). |
---|
9594 | | - | Sec. 3. (a) Each state fiscal year, the department shall, for each school corporation, determine |
---|
9595 | | - | the following: |
---|
9596 | | - | HEA 1001 — CC 1 |
---|
9597 | | - | 221 (1) Determine each eligible pupil who: |
---|
9598 | | - | (A) successfully completed an Indiana diploma with a Core 40 with academic honors |
---|
9599 | | - | designation program; and |
---|
9600 | | - | (B) was receiving Supplemental Nutrition Assistance Program (SNAP) benefits, Temporary |
---|
9601 | | - | Assistance for Needy Families (TANF) benefits, or foster care services; |
---|
9602 | | - | in the school year ending in the previous state fiscal year. |
---|
9603 | | - | (2) Determine each eligible pupil who: |
---|
9604 | | - | (A) successfully completed an Indiana diploma with a Core 40 with technical honors |
---|
9605 | | - | designation program; and |
---|
9606 | | - | (B) was receiving Supplemental Nutrition Assistance Program (SNAP) benefits, Temporary |
---|
9607 | | - | Assistance for Needy Families (TANF) benefits, or foster care services; |
---|
9608 | | - | in the school year ending in the previous state fiscal year. However, an eligible pupil who |
---|
9609 | | - | would otherwise be double counted under this subdivision and subdivision (1) may not be |
---|
9610 | | - | considered to meet the requirements under this subdivision. |
---|
9611 | | - | (3) Determine each eligible pupil who: |
---|
9612 | | - | (A) successfully completed an Indiana diploma with a Core 40 with academic honors |
---|
9613 | | - | designation program; and |
---|
9614 | | - | (B) was not receiving Supplemental Nutrition Assistance Program (SNAP) benefits, |
---|
9615 | | - | Temporary Assistance for Needy Families (TANF) benefits, or foster care services; |
---|
9616 | | - | in the school year ending in the previous state fiscal year. |
---|
9617 | | - | (4) Determine each eligible pupil who: |
---|
9618 | | - | (A) successfully completed an Indiana diploma with a Core 40 with technical honors |
---|
9619 | | - | designation program; and |
---|
9620 | | - | (B) was not receiving Supplemental Nutrition Assistance Program (SNAP) benefits, |
---|
9621 | | - | Temporary Assistance for Needy Families (TANF) benefits, or foster care services; |
---|
9622 | | - | in the school year ending in the previous state fiscal year. However, an eligible pupil who |
---|
9623 | | - | would otherwise be double counted under this subdivision and subdivision (3) may not be |
---|
9624 | | - | considered to meet the requirements under this subdivision. |
---|
9625 | | - | (b) The amount of a school corporation's grant under this section based on a particular eligible |
---|
9626 | | - | pupil is equal to: |
---|
9627 | | - | (1) in the case of an eligible pupil described in subsection (a)(1) or (a)(2), one thousand five |
---|
9628 | | - | hundred dollars ($1,500); and |
---|
9629 | | - | (2) in the case of an eligible pupil described in subsection (a)(3) or (a)(4), one thousand one |
---|
9630 | | - | hundred dollars ($1,100). |
---|
9631 | | - | (c) An amount received by a school corporation as determined under this section may be used |
---|
9632 | | - | only for: |
---|
9633 | | - | (1) any: |
---|
9634 | | - | (A) staff training; |
---|
9635 | | - | (B) program development; |
---|
9636 | | - | (C) equipment and supply expenditures; or |
---|
9637 | | - | (D) other expenses; |
---|
9638 | | - | directly related to the school corporation's honors designation program; and |
---|
9639 | | - | (2) the school corporation's program for high ability students. |
---|
9640 | | - | HEA 1001 — CC 1 |
---|
9641 | | - | 222 (d) A governing body that does not comply with this section for a school year is not eligible to |
---|
9642 | | - | receive an amount under this section for the following school year. |
---|
9643 | | - | Sec. 4. (a) Each state fiscal year, the department, in consultation with the commission for higher |
---|
9644 | | - | education, shall determine the following with respect to each school corporation: |
---|
9645 | | - | (1) Each student who: |
---|
9646 | | - | (A) was enrolled in the school corporation in the state fiscal year before the immediately |
---|
9647 | | - | preceding state fiscal year; and |
---|
9648 | | - | (B) successfully completed a dual credit or dual enrollment course. |
---|
9649 | | - | The amount of a school corporation's grant based on a student described under this |
---|
9650 | | - | subdivision is equal to the number of credit hours completed by the student multiplied by forty |
---|
9651 | | - | dollars ($40), but may not exceed one thousand two hundred dollars ($1,200). |
---|
9652 | | - | (2) Each student who: |
---|
9653 | | - | (A) was enrolled in the school corporation in the state fiscal year before the immediately |
---|
9654 | | - | preceding state fiscal year; and |
---|
9655 | | - | (B) successfully completed Indiana College Core 30 (IC 21-42-3). |
---|
9656 | | - | The amount of a school corporation's grant based on a student under this subdivision is equal |
---|
9657 | | - | to one thousand five hundred dollars ($1,500). |
---|
9658 | | - | (3) Each student who: |
---|
9659 | | - | (A) was enrolled in the school corporation in the state fiscal year before the immediately |
---|
9660 | | - | preceding state fiscal year; and |
---|
9661 | | - | (B) successfully completed requirements for an associate degree, including those earned |
---|
9662 | | - | through transfer as a junior pathways. |
---|
9663 | | - | The amount of a school corporation's grant based on a student under this subdivision is equal |
---|
9664 | | - | to two thousand five hundred dollars ($2,500). |
---|
9665 | | - | (b) To be eligible to be counted under subsection (a)(1), a credit completed must be accepted as |
---|
9666 | | - | part of the Indiana core transfer library under IC 21-42-5-1. |
---|
9667 | | - | SECTION 213. IC 20-43-13-4, AS AMENDED BY P.L.165-2021, SECTION 168, IS AMENDED TO |
---|
9668 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 4. (a) Except as provided in subsections (c) |
---|
9669 | | - | and (d), the complexity index is the percentage of the school corporation's students who were receiving |
---|
9670 | | - | Supplemental Nutrition Assistance Program (SNAP) benefits, Temporary Assistance for Needy Families |
---|
9671 | | - | (TANF) benefits, or foster care services as of October 1 in the school year ending in the later of: |
---|
9672 | | - | (1) 2021; 2023; or |
---|
9673 | | - | (2) the first year of operation of the school corporation. |
---|
9674 | | - | (b) For a conversion charter school, the percentage determined under this section is the percentage of |
---|
9675 | | - | the sponsor school corporation. |
---|
9676 | | - | (c) Except as provided in subsection (d), the complexity index for a school corporation that has entered |
---|
9677 | | - | into an agreement with one (1) or more charter schools to participate as an innovation network charter |
---|
9678 | | - | school under IC 20-25.7-5 for a state fiscal year is equal to the result using the following formula: |
---|
9679 | | - | STEP ONE: Determine: |
---|
9680 | | - | (A) the school corporation's enrollment; minus |
---|
9681 | | - | (B) the enrollment of each participating innovation network charter school. |
---|
9682 | | - | STEP TWO: Determine the number of students in the school corporation who were receiving |
---|
9683 | | - | Supplemental Nutrition Assistance Program (SNAP) benefits, Temporary Assistance for Needy |
---|
9684 | | - | HEA 1001 — CC 1 |
---|
9685 | | - | 223 Families (TANF) benefits, or foster care services as of October 1 in the school year ending in 2021, |
---|
9686 | | - | 2023, not including students enrolled in each participating innovation network charter school. |
---|
9687 | | - | STEP THREE: Divide the result of STEP TWO by the result of STEP ONE. |
---|
9688 | | - | STEP FOUR: Determine the enrollment of each participating innovation network charter school. |
---|
9689 | | - | STEP FIVE: Determine the number of students in each participating innovation network charter |
---|
9690 | | - | school who were receiving Supplemental Nutrition Assistance Program (SNAP) benefits, Temporary |
---|
9691 | | - | Assistance for Needy Families (TANF) benefits, or foster care services as of October 1 in the school |
---|
9692 | | - | year ending in the later of: |
---|
9693 | | - | (A) 2021; 2023; or |
---|
9694 | | - | (B) the first year of operation of the participating innovation network charter school. |
---|
9695 | | - | STEP SIX: Divide the result of STEP FIVE by the result of STEP FOUR. |
---|
9696 | | - | STEP SEVEN: For each participating innovation network charter school, determine the greater of: |
---|
9697 | | - | (A) the result of STEP THREE; or |
---|
9698 | | - | (B) the result of STEP SIX. |
---|
9699 | | - | STEP EIGHT: For each participating innovation network charter school, multiply the result of STEP |
---|
9700 | | - | SEVEN by the result of STEP FOUR. |
---|
9701 | | - | STEP NINE: Determine the sum of: |
---|
9702 | | - | (A) the result of STEP TWO; plus |
---|
9703 | | - | (B) the results of STEP EIGHT, for each participating innovation network charter school. |
---|
9704 | | - | STEP TEN: Determine the sum of: |
---|
9705 | | - | (A) the result of STEP ONE; plus |
---|
9706 | | - | (B) the results of STEP FOUR for each participating innovation network charter school. |
---|
9707 | | - | STEP ELEVEN: Divide the STEP NINE result by the STEP TEN result. |
---|
9708 | | - | (d) If the complexity index of a participating innovation network charter school that was established |
---|
9709 | | - | before January 1, 2016, is, for the current school year, greater than the complexity index for the school |
---|
9710 | | - | corporation with which the innovation network charter school has contracted, the complexity index of the |
---|
9711 | | - | participating innovation network charter school is determined as described in IC 20-25.7-5-2(e). |
---|
9712 | | - | SECTION 214. IC 20-46-8-11.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
9713 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11.2. (a) This section applies only to revenue |
---|
9714 | | - | collected after June 30, 2024, from a tax levy imposed under this chapter by a school corporation |
---|
9715 | | - | located in: |
---|
9716 | | - | (1) Lake County; |
---|
9717 | | - | (2) Marion County; |
---|
9718 | | - | (3) St. Joseph County; or |
---|
9719 | | - | (4) Vanderburgh County. |
---|
9720 | | - | However, this section does not apply to, and distributions are not required for, a school corporation |
---|
9721 | | - | that is designated as a distressed political subdivision under IC 6-1.1-20.3. |
---|
9722 | | - | (b) Beginning in calendar year 2025, and each year thereafter, and subject to subsections (c) and |
---|
9723 | | - | (h), the county auditor shall distribute, as provided under subsection (f), an amount of revenue |
---|
9724 | | - | received from a tax levy imposed by a school corporation under this chapter to each charter school |
---|
9725 | | - | that is eligible for a distribution under subsection (d) and as set forth in subsection (f). |
---|
9726 | | - | (c) The following schools are not eligible to receive a distribution under this section: |
---|
9727 | | - | (1) A virtual charter school. |
---|
9728 | | - | (2) An adult high school. |
---|
9729 | | - | HEA 1001 — CC 1 |
---|
9730 | | - | 224 (d) Not later than thirty (30) days before the date that the county auditor distributes money for |
---|
9731 | | - | a school corporation's operations fund (IC 20-40-18) under IC 6-1.1-27, the department, in |
---|
9732 | | - | consultation with the department of local government finance, shall determine the corresponding |
---|
9733 | | - | percentages of revenue received from the tax levy that must be distributed among the school |
---|
9734 | | - | corporation and each eligible charter school according to the following formula: |
---|
9735 | | - | STEP ONE: Determine each charter school that: |
---|
9736 | | - | (A) is located in the same county as the school corporation; and |
---|
9737 | | - | (B) provides not more than fifty percent (50%) virtual instruction for its students. |
---|
9738 | | - | STEP TWO: Determine, for each charter school described in STEP ONE, the number of |
---|
9739 | | - | students who: |
---|
9740 | | - | (A) have legal settlement within the school corporation; |
---|
9741 | | - | (B) are currently included in the fall ADM for the charter school; and |
---|
9742 | | - | (C) receive not more than fifty percent (50%) virtual instruction. |
---|
9743 | | - | STEP THREE: Determine the sum of: |
---|
9744 | | - | (A) the aggregate of the STEP TWO results for all applicable charter schools; plus |
---|
9745 | | - | (B) the fall ADM count for the school corporation for students receiving not more than fifty |
---|
9746 | | - | percent (50%) virtual instruction. |
---|
9747 | | - | STEP FOUR: For each charter school described in STEP ONE, determine the result of: |
---|
9748 | | - | (A) the applicable STEP TWO amount; divided by |
---|
9749 | | - | (B) the STEP THREE amount; |
---|
9750 | | - | expressed as a percentage. |
---|
9751 | | - | STEP FIVE: Determine the sum of all the amounts computed under STEP FOUR and subtract |
---|
9752 | | - | the result from one hundred percent (100%). |
---|
9753 | | - | (e) The department shall provide to the county auditor, immediately after calculation under |
---|
9754 | | - | subsection (d), and in the form prescribed by the county auditor: |
---|
9755 | | - | (1) each charter school determined under STEP ONE of subsection (d) and the charter school's |
---|
9756 | | - | corresponding percentage calculated under STEP FOUR of subsection (d); and |
---|
9757 | | - | (2) the percentage calculated under STEP FIVE of subsection (d) for the school corporation. |
---|
9758 | | - | (f) The county auditor shall distribute to the school corporation and each applicable charter |
---|
9759 | | - | school the amount determined in the last STEP of the following STEPS: |
---|
9760 | | - | STEP ONE: For each school corporation, determine a base property tax levy amount |
---|
9761 | | - | calculated as: |
---|
9762 | | - | (A) the sum of the school corporation's operations fund property tax levies imposed under |
---|
9763 | | - | this chapter in calendar years 2021, 2022, and 2023; divided by |
---|
9764 | | - | (B) three (3). |
---|
9765 | | - | STEP TWO: For each school corporation, determine an incremental property tax levy amount |
---|
9766 | | - | calculated as: |
---|
9767 | | - | (A) the school corporation's operations fund property tax levy for the current calendar |
---|
9768 | | - | year; minus |
---|
9769 | | - | (B) the school corporation's base property tax levy determined under STEP ONE. |
---|
9770 | | - | STEP THREE: For the school corporation and each applicable charter school, determine the |
---|
9771 | | - | result of: |
---|
9772 | | - | (A) the incremental amount determined under STEP TWO; multiplied by |
---|
9773 | | - | (B) the following percentage: |
---|
9774 | | - | HEA 1001 — CC 1 |
---|
9775 | | - | 225 (i) In the case of an applicable charter school, the charter school's percentage under |
---|
9776 | | - | STEP FOUR of subsection (d). |
---|
9777 | | - | (ii) In the case of the school corporation, the school corporation's percentage under STEP |
---|
9778 | | - | FIVE of subsection (d). |
---|
9779 | | - | (g) Before October 1, 2024, and before October 1 of each year thereafter, the department shall |
---|
9780 | | - | provide to each school corporation and each eligible charter school an estimate of the amount of |
---|
9781 | | - | property tax levy revenue the school corporation and charter school are expected to receive under |
---|
9782 | | - | this section. |
---|
9783 | | - | (h) In order to receive a distribution under this section, the governing body of an eligible charter |
---|
9784 | | - | school shall, before November 1, 2024, and before November 1 of each year thereafter, adopt a |
---|
9785 | | - | budget for the school year. Not later than ten (10) days before its adoption, the budget must be fixed |
---|
9786 | | - | and presented to the charter board in a public meeting in the county in which the charter school |
---|
9787 | | - | is incorporated. A budget that is adopted under this subsection must be submitted to the charter |
---|
9788 | | - | authorizer for review and to the department of local government finance to be posted publicly on |
---|
9789 | | - | the computer gateway under IC 6-1.1-17-3. |
---|
9790 | | - | (i) Before April 1, 2025, and before April 1 of each year thereafter, the county auditor shall |
---|
9791 | | - | provide each school corporation and each eligible charter school the actual amount of property tax |
---|
9792 | | - | levy revenue the school corporation and charter school are expected to receive under this section. |
---|
9793 | | - | SECTION 215. IC 20-51-1-4.3, AS AMENDED BY P.L.165-2021, SECTION 171, IS AMENDED |
---|
9794 | | - | TO READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 4.3. "Eligible choice scholarship student" |
---|
9795 | | - | refers to an individual who: |
---|
9796 | | - | (1) has legal settlement in Indiana; |
---|
9797 | | - | (2) is at least five (5) years of age and less than twenty-two (22) years of age on the date in the |
---|
9798 | | - | school year specified in IC 20-33-2-7; October 1 of the applicable school year; and |
---|
9799 | | - | (3) is a member of a household with an annual income of not more than three hundred percent |
---|
9800 | | - | (300%) four hundred percent (400%) of the amount required for the individual to qualify for the |
---|
9801 | | - | federal free or reduced price lunch program. and |
---|
9802 | | - | (4) meets at least one (1) of the following conditions: |
---|
9803 | | - | (A) The individual is a student with a disability who requires special education and for whom an |
---|
9804 | | - | individualized education program has been developed under IC 20-35 or a service plan developed |
---|
9805 | | - | under 511 IAC 7-34. |
---|
9806 | | - | (B) The individual is an individual who, because of the school corporation's residency |
---|
9807 | | - | requirement, would be required to attend a specific public school within a school corporation that |
---|
9808 | | - | has been placed in the lowest category or designation of school improvement under IC 20-31-8-4 |
---|
9809 | | - | (has been assigned an "F" grade). An individual to whom this clause applies is not required to |
---|
9810 | | - | attend the public school before becoming eligible for a choice scholarship, and may not be |
---|
9811 | | - | required to return to the public school if the public school is placed in a higher category or |
---|
9812 | | - | designation under IC 20-31-8-4. |
---|
9813 | | - | (C) The individual was enrolled in kindergarten through grade 12, in a public school, including |
---|
9814 | | - | a charter school, in Indiana for at least two (2) semesters immediately preceding the first semester |
---|
9815 | | - | for which the individual receives a choice scholarship under IC 20-51-4. |
---|
9816 | | - | (D) The individual or a sibling of the individual who, either received before July 1, 2013, a |
---|
9817 | | - | scholarship from a scholarship granting organization under IC 20-51-3 or a choice scholarship |
---|
9818 | | - | under IC 20-51-4 in a preceding school year, including a school year that does not immediately |
---|
9819 | | - | HEA 1001 — CC 1 |
---|
9820 | | - | 226 precede a school year in which the individual receives a scholarship from a scholarship granting |
---|
9821 | | - | organization under IC 20-51-3 or a choice scholarship under IC 20-51-4; or receives for the first |
---|
9822 | | - | time after June 30, 2013, a scholarship of at least five hundred dollars ($500) from a scholarship |
---|
9823 | | - | granting organization under IC 20-51-3 or a choice scholarship under IC 20-51-4 in a preceding |
---|
9824 | | - | school year, including a school year that does not immediately precede a school year in which |
---|
9825 | | - | the individual receives a scholarship from a scholarship granting organization under IC 20-51-3 |
---|
9826 | | - | or a choice scholarship under IC 20-51-4. |
---|
9827 | | - | (E) Subject to IC 20-51-4-2.7, the individual received an early education grant under |
---|
9828 | | - | IC 12-17.2-7.2, used the grant to attend a prekindergarten program at an eligible school, and |
---|
9829 | | - | continues to attend the eligible school at which the individual attended a prekindergarten |
---|
9830 | | - | program as described in this clause. |
---|
9831 | | - | (F) The individual is in foster care. |
---|
9832 | | - | SECTION 216. IC 20-51-1-5, AS AMENDED BY P.L.165-2021, SECTION 172, IS AMENDED TO |
---|
9833 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 5. "Eligible student" refers to an individual |
---|
9834 | | - | who: |
---|
9835 | | - | (1) has legal settlement in Indiana; |
---|
9836 | | - | (2) is at least five (5) four (4) years of age and less than twenty-two (22) years of age on the date in |
---|
9837 | | - | the school year specified in IC 20-33-2-7; |
---|
9838 | | - | (3) either has been or is currently enrolled in a participating school; and |
---|
9839 | | - | (4) is a member of a household with an annual income of not more than three hundred percent |
---|
9840 | | - | (300%) four hundred percent (400%) of the amount required for the individual to qualify for the |
---|
9841 | | - | federal free or reduced price lunch program. |
---|
9842 | | - | SECTION 217. IC 20-51-4-2.7 IS REPEALED [EFFECTIVE JUNE 29, 2023]. Sec. 2.7. An eligible |
---|
9843 | | - | choice scholarship student described in IC 20-51-1-4.3(4)(E) may only use a choice scholarship awarded |
---|
9844 | | - | to the eligible choice scholarship student under this chapter to attend an eligible school at which the |
---|
9845 | | - | individual used an early education grant under IC 12-17.2-7.2 to attend a prekindergarten program unless |
---|
9846 | | - | the eligible choice scholarship student otherwise qualifies for a choice scholarship under |
---|
9847 | | - | IC 20-51-1-4.3(4)(A) through IC 20-51-1-4.3(4)(D) or IC 20-51-1-4.3(4)(F) and this chapter. |
---|
9848 | | - | SECTION 218. IC 20-51-4-5, AS AMENDED BY P.L.165-2021, SECTION 178, IS AMENDED TO |
---|
9849 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 5. The state tuition support amount to be used |
---|
9850 | | - | in section 4(a)(1)(B) of this chapter for an eligible choice scholarship student is the amount determined |
---|
9851 | | - | under the last STEP of the following formula: |
---|
9852 | | - | STEP ONE: Determine the school corporation in which the eligible choice scholarship student has |
---|
9853 | | - | legal settlement. |
---|
9854 | | - | STEP TWO: Determine the amount of state tuition support that the school corporation identified |
---|
9855 | | - | under STEP ONE is eligible to receive under IC 20-43 for the state fiscal year in which the current |
---|
9856 | | - | school year begins, including the basic tuition support amount made under IC 20-43-6 and grants |
---|
9857 | | - | made under IC 20-43-10-2. the amount determined under IC 20-43-10.5-3. However, the amount |
---|
9858 | | - | does not include amounts provided for special education grants under IC 20-43-7, and career and |
---|
9859 | | - | technical education grants under IC 20-43-8, non-English speaking program grants under |
---|
9860 | | - | IC 20-43-10, or amounts determined under IC 20-43-10.5-2 or IC 20-43-10.5-4. |
---|
9861 | | - | STEP THREE: Determine the result of: |
---|
9862 | | - | (A) the STEP TWO amount; divided by |
---|
9863 | | - | HEA 1001 — CC 1 |
---|
9864 | | - | 227 (B) the current ADM (as defined in IC 20-43-1-10) for the school corporation identified under |
---|
9865 | | - | STEP ONE for the state fiscal year used in STEP TWO. |
---|
9866 | | - | SECTION 219. IC 20-51.4-3-7, AS AMENDED BY P.L.132-2022, SECTION 3, IS AMENDED TO |
---|
9867 | | - | READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) For each school year, the treasurer |
---|
9868 | | - | of state shall determine, based on the amount of funds available for the program, the number of grants that |
---|
9869 | | - | the treasurer of state will award under the program. The number of applications approved and the number |
---|
9870 | | - | of grants awarded under this article by the treasurer of state for the school year may not exceed the |
---|
9871 | | - | number determined by the treasurer of state under this section. |
---|
9872 | | - | (b) The treasurer of state may deduct the following amounts from the funds made available for the |
---|
9873 | | - | program to cover costs of managing accounts and administering the program: |
---|
9874 | | - | (1) For the first year of the program, not more than ten percent (10%) of the funds made available |
---|
9875 | | - | to cover the costs described in this subsection. |
---|
9876 | | - | (2) For each year thereafter, not more than five percent (5%) of the funds made available to cover |
---|
9877 | | - | the costs described in this subsection. |
---|
9878 | | - | Any amount deducted under this subsection shall be deposited in the Indiana education scholarship |
---|
9879 | | - | account administration fund established by IC 20-51.4-4-3.5. |
---|
9880 | | - | SECTION 220. IC 20-51.4-4-1, AS AMENDED BY P.L.132-2022, SECTION 4, IS AMENDED TO |
---|
9881 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 1. (a) After June 30, 2022, a parent of an |
---|
9882 | | - | eligible student or an emancipated eligible student may establish an Indiana education scholarship |
---|
9883 | | - | account for the eligible student by entering into a written agreement with the treasurer of state on a form |
---|
9884 | | - | prepared by the treasurer of state. The treasurer of state shall establish a date by which an application to |
---|
9885 | | - | establish an account for the upcoming school year must be submitted. However, for a school year |
---|
9886 | | - | beginning after July 1, 2022, applications must be submitted for an eligible student not later than |
---|
9887 | | - | September 1 for the immediately following school year. The account of an eligible student shall be made |
---|
9888 | | - | in the name of the eligible student. The treasurer of state shall make the agreement available on the |
---|
9889 | | - | Internet web site of the treasurer of state. To be eligible, a parent of an eligible student or an emancipated |
---|
9890 | | - | eligible student wishing to participate in the program must agree that: |
---|
9891 | | - | (1) a grant deposited in the eligible student's account under section 2 of this chapter and any interest |
---|
9892 | | - | that may accrue in the account will be used only for the eligible student's qualified expenses; |
---|
9893 | | - | (2) money in the account when the account is terminated reverts to the state general fund; |
---|
9894 | | - | (3) the parent of the eligible student or the emancipated eligible student will use part of the money |
---|
9895 | | - | in the account: |
---|
9896 | | - | (A) for the eligible student's study in the subject of reading, grammar, mathematics, social |
---|
9897 | | - | studies, or science; or |
---|
9898 | | - | (B) for use in accordance with the eligible student's: |
---|
9899 | | - | (i) individualized education program; |
---|
9900 | | - | (ii) service plan developed under 511 IAC 7-34; |
---|
9901 | | - | (iii) choice special education plan developed under 511 IAC 7-49; or |
---|
9902 | | - | (iv) plan developed under Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. 794; |
---|
9903 | | - | (4) the eligible student will not be enrolled in a school that receives tuition support under IC 20-43; |
---|
9904 | | - | and |
---|
9905 | | - | (5) the eligible student will take the statewide assessment, as applicable based on the eligible |
---|
9906 | | - | student's grade level, as provided under IC 20-32-5.1, or the assessment specified in the eligible |
---|
9907 | | - | student's: |
---|
9908 | | - | HEA 1001 — CC 1 |
---|
9909 | | - | 228 (A) individualized education program developed under IC 20-35; |
---|
9910 | | - | (B) service plan developed under 511 IAC 7-34; |
---|
9911 | | - | (C) choice special education plan developed under 511 IAC 7-49; or |
---|
9912 | | - | (D) plan developed under Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. 794. |
---|
9913 | | - | (b) A parent of an eligible student may enter into a separate agreement under subsection (a) for each |
---|
9914 | | - | child of the parent. However, not more than one (1) account may be established for each eligible student. |
---|
9915 | | - | (c) The account must be established under subsection (a) by a parent of an eligible student or an |
---|
9916 | | - | emancipated eligible student for a school year on or before a date established by the treasurer of state, |
---|
9917 | | - | which must be at least thirty (30) days before the fall ADM count date established by the state board fall |
---|
9918 | | - | count day of ADM established under IC 20-43-4-3. A parent of an eligible student or an emancipated |
---|
9919 | | - | eligible student may not enter into an agreement under this section or maintain an account under this |
---|
9920 | | - | chapter if the eligible student receives a choice scholarship under IC 20-51-4 for the same school year. |
---|
9921 | | - | An eligible student may not receive a grant under section 2 of this chapter if the eligible student is |
---|
9922 | | - | currently included in a school corporation's ADM count under IC 20-43-4. |
---|
9923 | | - | (d) Except as provided in subsections (e) and (f), an agreement made under this section is valid for one |
---|
9924 | | - | (1) school year while the eligible student is in kindergarten through grade 12 and may be renewed |
---|
9925 | | - | annually. Upon graduation, or receipt of a certificate of completion under the eligible student's |
---|
9926 | | - | individualized education program, the eligible student's account is terminated. |
---|
9927 | | - | (e) An agreement entered into under this section terminates automatically for an eligible student if: |
---|
9928 | | - | (1) the eligible student no longer resides in Indiana while the eligible student is eligible to receive |
---|
9929 | | - | grants under section 2 of this chapter; or |
---|
9930 | | - | (2) the account is not renewed within three hundred ninety-five (395) days after the date the account |
---|
9931 | | - | was either established or last renewed. |
---|
9932 | | - | If an account is terminated under this section, money in the eligible student's account, including any |
---|
9933 | | - | interest accrued, reverts to the state general fund. |
---|
9934 | | - | (f) An agreement made under this section for an eligible student while the eligible student is in |
---|
9935 | | - | kindergarten through grade 12 may be terminated before the end of the school year if the parent of the |
---|
9936 | | - | eligible student or the emancipated eligible student notifies the treasurer of state in a manner specified |
---|
9937 | | - | by the treasurer of state. |
---|
9938 | | - | (g) A distribution made to an account under section 2 of this chapter is considered tax exempt as long |
---|
9939 | | - | as the distribution is used for a qualified expense. The amount is subtracted from the definition of |
---|
9940 | | - | adjusted federal gross income under IC 6-3-1-3.5 to the extent the distribution used for the qualified |
---|
9941 | | - | expense is included in the taxpayer's adjusted federal gross income under the Internal Revenue Code. |
---|
9942 | | - | (h) The department shall establish a student test number as described in IC 20-19-3-9.4 for each |
---|
9943 | | - | eligible student. The treasurer of state shall provide the department information necessary for the |
---|
9944 | | - | department to comply with this subsection. |
---|
9945 | | - | SECTION 221. IC 20-51.4-4-3, AS AMENDED BY P.L.132-2022, SECTION 6, IS AMENDED TO |
---|
9946 | | - | READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The Indiana education scholarship |
---|
9947 | | - | account program fund is established for the purpose of providing grants to eligible students under the |
---|
9948 | | - | program. Money appropriated to the fund during the state fiscal year beginning July 1, 2021, and ending |
---|
9949 | | - | June 30, 2022, may only be used for the administrative costs to establish the program. However, money |
---|
9950 | | - | appropriated to the fund during the state fiscal year beginning July 1, 2022, and ending June 30, 2023, |
---|
9951 | | - | may be used to provide grants under this chapter in the manner prescribed in section 2 of this chapter. |
---|
9952 | | - | (b) The treasurer of state shall administer the fund. |
---|
9953 | | - | HEA 1001 — CC 1 |
---|
9954 | | - | 229 (c) The fund consists of the following: |
---|
9955 | | - | (1) Appropriations by the general assembly. |
---|
9956 | | - | (2) Interest deposited in the fund under subsection (d). |
---|
9957 | | - | (3) Donations, gifts, and money received from any other source, including transfers from other funds |
---|
9958 | | - | or accounts. |
---|
9959 | | - | (4) Amounts transferred to the fund from the Indiana education scholarship account administration |
---|
9960 | | - | fund under section 3.5(e) of this chapter. |
---|
9961 | | - | (d) The treasurer of state shall invest money in the fund not currently needed to meet the obligations |
---|
9962 | | - | of the fund in the same manner as other public money may be invested. Interest that accrues from these |
---|
9963 | | - | investments shall be deposited in the fund. |
---|
9964 | | - | (e) Money in the fund at the end of a state fiscal year reverts to the state general fund. |
---|
9965 | | - | SECTION 222. IC 20-51.4-4-3.5, AS ADDED BY P.L.132-2022, SECTION 7, IS AMENDED TO |
---|
9966 | | - | READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) The Indiana education scholarship |
---|
9967 | | - | account administration fund is established for the purpose of accepting money for the Indiana education |
---|
9968 | | - | scholarship account program to support administration of the program. |
---|
9969 | | - | (b) The treasurer of state shall administer the fund. |
---|
9970 | | - | (c) The fund consists of the following: |
---|
9971 | | - | (1) Administration fees deposited in the fund under IC 20-51.4-3-7(b). Appropriations by the |
---|
9972 | | - | general assembly. |
---|
9973 | | - | (2) Donations, gifts, and money received from any other source, including transfers from other funds |
---|
9974 | | - | or accounts. |
---|
9975 | | - | (3) (2) Interest deposited in the fund under subsection (d). |
---|
9976 | | - | (d) The treasurer of state shall invest money in the fund not currently needed to meet the obligations |
---|
9977 | | - | of the fund in the same manner as other public money may be invested. Interest that accrues from these |
---|
9978 | | - | investments shall be deposited in the fund. |
---|
9979 | | - | (e) The treasurer of state may transfer any funds held in the fund to the Indiana education scholarship |
---|
9980 | | - | account program fund established by section 3 of this chapter at any time for the purpose of that fund. |
---|
9981 | | - | (e) Money in the fund at the end of a state fiscal year reverts to the state general fund. |
---|
9982 | | - | SECTION 223. IC 20-51.4-4-3.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
9983 | | - | READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3.6. (a) The Indiana education |
---|
9984 | | - | scholarship account donation fund is established for the purpose of accepting donations for the |
---|
9985 | | - | Indiana education scholarship account program to support administration of the program. |
---|
9986 | | - | (b) The treasurer of state shall administer the fund. |
---|
9987 | | - | (c) The fund consists of the following: |
---|
9988 | | - | (1) Donations, gifts, and money received from any other source, including transfers from other |
---|
9989 | | - | funds or accounts. |
---|
9990 | | - | (2) Interest deposited in the fund under subsection (d). |
---|
9991 | | - | (d) The treasurer of state shall invest money in the fund not currently needed to meet the |
---|
9992 | | - | obligations of the fund in the same manner as other public money may be invested. Interest that |
---|
9993 | | - | accrues from these investments shall be deposited in the fund. |
---|
9994 | | - | (e) The treasurer of state may transfer any funds held in the fund to the Indiana education |
---|
9995 | | - | scholarship account program fund established by section 3 of this chapter at any time for the |
---|
9996 | | - | purpose of that fund. |
---|
9997 | | - | (f) Money in the fund is continuously appropriated for purposes of the fund. |
---|
9998 | | - | HEA 1001 — CC 1 |
---|
9999 | | - | 230 (g) Money in the fund at the end of a state fiscal year does not revert to the state general fund |
---|
10000 | | - | but remains in the fund for the purposes of the fund. |
---|
10001 | | - | SECTION 224. IC 20-51.4-4-4, AS ADDED BY P.L.165-2021, SECTION 180, IS AMENDED TO |
---|
10002 | | - | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 4. (a) Subject to sections 5 and 10 of this |
---|
10003 | | - | chapter, the annual grant amount under section 2 of this chapter for an eligible student equals, subject to |
---|
10004 | | - | subsection (b), ninety percent (90%) of the amount determined in the last STEP of the following formula: |
---|
10005 | | - | STEP ONE: Determine the school corporation in which the eligible student has legal settlement. |
---|
10006 | | - | STEP TWO: Determine the amount of state tuition support that the school corporation identified |
---|
10007 | | - | under STEP ONE is eligible to receive under IC 20-43-6 for the state fiscal year in which the |
---|
10008 | | - | immediately preceding school year begins. The amount does not include amounts provided for |
---|
10009 | | - | special education grants under IC 20-43-7, career and technical education grants under IC 20-43-8, |
---|
10010 | | - | or grants under IC 20-43-10, or an academic performance grant under IC 20-43-10.5. |
---|
10011 | | - | STEP THREE: Determine the result of: |
---|
10012 | | - | (A) the STEP TWO amount; divided by |
---|
10013 | | - | (B) the current ADM (as defined in IC 20-43-1-10) for the school corporation identified under |
---|
10014 | | - | STEP ONE for the state fiscal year used in STEP TWO. |
---|
10015 | | - | (b) An eligible student may choose to receive special education services from the school corporation |
---|
10016 | | - | required to provide the special education services to the eligible student under 511 IAC 7-34-1. However, |
---|
10017 | | - | if an eligible student described in subsection (a) chooses not to receive special education or related |
---|
10018 | | - | services from a school corporation required to provide the services to the eligible student under 511 |
---|
10019 | | - | IAC 7-34-1, the ESA annual grant amount for the eligible student shall, in addition to the amount |
---|
10020 | | - | described in subsection (a), include the amount the school corporation would receive under IC 20-43-7 |
---|
10021 | | - | for the eligible student if the eligible student attended the school corporation. |
---|
10022 | | - | (c) The ESA annual grant amounts provided in subsection (a) shall be rounded as provided in |
---|
10023 | | - | IC 20-43-3-1(4). |
---|
10024 | | - | SECTION 225. IC 21-18-16-1, AS ADDED BY P.L.66-2022, SECTION 4, IS AMENDED TO READ |
---|
10025 | | - | AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this chapter, "outcomes based |
---|
10026 | | - | funding formula" refers to the higher educational operating funding outcomes based formula created by |
---|
10027 | | - | the commission under section 2(a) and 2(b) of this chapter. |
---|
10028 | | - | SECTION 226. IC 21-18-16-2, AS ADDED BY P.L.66-2022, SECTION 4, IS AMENDED TO READ |
---|
10029 | | - | AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The commission shall create a higher |
---|
10030 | | - | educational operating funding outcomes based formula that aligns with the goals outlined in the |
---|
10031 | | - | commission's long range plan for postsecondary education under IC 21-18-8. |
---|
10032 | | - | (b) The commission shall create a separate higher educational operating funding outcomes based |
---|
10033 | | - | formula for Ivy Tech Community College that: |
---|
10034 | | - | (1) aligns with the goals outlined in the commission's long range plan for postsecondary |
---|
10035 | | - | education under IC 21-18-8; and |
---|
10036 | | - | (2) focuses on employer needs, positive wage outcomes, and stackable credentials. |
---|
10037 | | - | (b) (c) An outcomes based funding formula must be created and approved by the commission at a |
---|
10038 | | - | meeting of the commission on or before October 1 of each even-numbered year prior to each |
---|
10039 | | - | odd-numbered year in which the general assembly will reconvene in a first regular session and consider |
---|
10040 | | - | a state budget bill. |
---|
10041 | | - | (c) (d) The commission shall approve the metrics used for an outcomes based funding formula created |
---|
10042 | | - | under this chapter. |
---|
10043 | | - | HEA 1001 — CC 1 |
---|
10044 | | - | 231 SECTION 227. IC 21-18-16-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
10045 | | - | READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) Notwithstanding section 2(b) of |
---|
10046 | | - | this chapter, the outcomes based funding formula created under section 2(a) and 2(b) of this |
---|
10047 | | - | chapter shall be approved by the commission prior to June 1, 2023, and shall be reviewed by the |
---|
10048 | | - | budget committee on or before July 1, 2023. |
---|
10049 | | - | (b) The commission shall create a report with regard to each outcomes based funding formula |
---|
10050 | | - | created under section 2(a) and 2(b) of this chapter. The report must contain a detailed summary |
---|
10051 | | - | of each formula, the methodologies, and the metrics used to create the formula under section 2(a) |
---|
10052 | | - | and 2(b) of this chapter. The commission shall submit the report prepared under this subsection |
---|
10053 | | - | to the budget committee not later than five (5) days before the meeting described in subsection (a). |
---|
10054 | | - | (c) This section expires July 1, 2024. |
---|
10055 | | - | SECTION 228. IC 21-18-16-5, AS ADDED BY P.L.66-2022, SECTION 4, IS AMENDED TO READ |
---|
10056 | | - | AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) The commission shall biannually biennially |
---|
10057 | | - | measure and make findings on the progress of each state educational institution in meeting the goals of |
---|
10058 | | - | the commission's long range plan for postsecondary education under IC 21-18-8 as those goals pertain |
---|
10059 | | - | to the outcomes based funding formula. |
---|
10060 | | - | (b) The executive officer of the commission, or the executive officer's designee, shall present the |
---|
10061 | | - | findings made for each state educational institution to commission members at a meeting of the |
---|
10062 | | - | commission. |
---|
10063 | | - | (c) Following the presentation to the commission, the executive officer, or the executive officer's |
---|
10064 | | - | designee, shall present the findings with regard to each state educational institution to the budget |
---|
10065 | | - | committee at the budget hearings held under IC 4-12-1-8 and at the same time as the committee's |
---|
10066 | | - | summary of legislative requests and the commission's recommendations are presented under |
---|
10067 | | - | IC 21-18-9-1(3). |
---|
10068 | | - | SECTION 229. IC 21-18-16-6, AS ADDED BY P.L.66-2022, SECTION 4, IS AMENDED TO READ |
---|
10069 | | - | AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The commission shall biannually biennially |
---|
10070 | | - | engage an independent third party examiner to audit the data submitted by each state educational |
---|
10071 | | - | institution for use within the outcomes based funding formula. |
---|
10072 | | - | (b) If the audit required under subsection (a) is performed by the state board of accounts, the state |
---|
10073 | | - | educational institutions shall pay the actual and indirect costs of performing the audit. |
---|
10074 | | - | (c) The commission shall promptly submit a copy of each audit report produced under subsection (a) |
---|
10075 | | - | to the audit and financial reporting subcommittee of the legislative council in an electronic format under |
---|
10076 | | - | IC 5-14-6. |
---|
10077 | | - | SECTION 230. IC 21-18-16-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
10078 | | - | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. The commission shall distribute on a |
---|
10079 | | - | monthly basis to each state educational institution the amount appropriated for the outcomes based |
---|
10080 | | - | prospective model subject to the commission's review of the state educational institution's |
---|
10081 | | - | performance according to the outcomes based funding formula created under this chapter. |
---|
10082 | | - | SECTION 231. IC 21-20-6 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ |
---|
10083 | | - | AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
| 4375 | + | 1 Repair and Rehabilitation 250,000 250,000 |
---|
| 4376 | + | 2 Key Card Access System 350,000 0 |
---|
| 4377 | + | 3 |
---|
| 4378 | + | 4 G. EDUCATION |
---|
| 4379 | + | 5 |
---|
| 4380 | + | 6 HIGHER EDUCATION |
---|
| 4381 | + | 7 |
---|
| 4382 | + | 8 COMMISSION FOR HIGHER EDUCATION |
---|
| 4383 | + | 9 College Success Program 5,000,000 5,000,000 |
---|
| 4384 | + | 10 |
---|
| 4385 | + | 11 The above appropriations shall be used for college success programs including capital |
---|
| 4386 | + | 12 investments for minority and first generation low income students attending a public |
---|
| 4387 | + | 13 or private four year post secondary educational institution with a physical presence |
---|
| 4388 | + | 14 in Indiana subject to budget committee review. |
---|
| 4389 | + | 15 |
---|
| 4390 | + | 16 Heartland/Anderson Scholar House 2,000,000 |
---|
| 4391 | + | 17 |
---|
| 4392 | + | 18 INDIANA UNIVERSITY - TOTAL SYSTEM |
---|
| 4393 | + | 19 Repair and Rehabilitation 18,886,280 18,886,280 |
---|
| 4394 | + | 20 Regional Deferred Maintenance 0 9,775,862 |
---|
| 4395 | + | 21 PURDUE UNIVERSITY - TOTAL SYSTEM |
---|
| 4396 | + | 22 Repair and Rehabilitation 15,101,111 15,101,111 |
---|
| 4397 | + | 23 Regional Deferred Maintenance 0 4,224,138 |
---|
| 4398 | + | 24 INDIANA STATE UNIVERSITY |
---|
| 4399 | + | 25 Repair and Rehabilitation 1,932,790 1,932,790 |
---|
| 4400 | + | 26 UNIVERSITY OF SOUTHERN INDIANA |
---|
| 4401 | + | 27 Repair and Rehabilitation 1,483,291 1,483,291 |
---|
| 4402 | + | 28 BALL STATE UNIVERSITY |
---|
| 4403 | + | 29 Repair and Rehabilitation 3,921,090 3,921,090 |
---|
| 4404 | + | 30 VINCENNES UNIVERSITY |
---|
| 4405 | + | 31 Repair and Rehabilitation 1,227,440 1,227,440 |
---|
| 4406 | + | 32 IVY TECH COMMUNITY COLLEGE |
---|
| 4407 | + | 33 Repair and Rehabilitation 4,468,850 4,468,850 |
---|
| 4408 | + | 34 |
---|
| 4409 | + | 35SECTION 31. [EFFECTIVE JULY 1, 2023] |
---|
| 4410 | + | 36 |
---|
| 4411 | + | 37 The budget agency may employ one (1) or more architects or engineers to inspect |
---|
| 4412 | + | 38 construction, rehabilitation, and repair projects covered by the appropriations |
---|
| 4413 | + | 39 in this act or previous acts. |
---|
| 4414 | + | 40 |
---|
| 4415 | + | 41SECTION 32. [EFFECTIVE UPON PASSAGE] |
---|
| 4416 | + | 42 |
---|
| 4417 | + | 43 If any part of a construction or rehabilitation and repair appropriation made by |
---|
| 4418 | + | 44 this act or any previous acts has not been allotted or encumbered before the expiration |
---|
| 4419 | + | 45 of the biennium, the budget agency may determine that the balance of the appropriation |
---|
| 4420 | + | 46 is not available for allotment. The appropriation may be terminated, and the balance |
---|
| 4421 | + | 47 may revert to the fund from which the original appropriation was made. |
---|
| 4422 | + | 48 |
---|
| 4423 | + | 49SECTION 33. [EFFECTIVE JULY 1, 2023] |
---|
| 4424 | + | EH 1001—LS 7401/DI 125 |
---|
| 4425 | + | 82 1 |
---|
| 4426 | + | The budget agency may retain balances in the mental health fund at the end of any2 |
---|
| 4427 | + | fiscal year to ensure there are sufficient funds to meet the service needs of the3 |
---|
| 4428 | + | developmentally disabled and the mentally ill in any year.4 |
---|
| 4429 | + | 5 |
---|
| 4430 | + | SECTION 34. [EFFECTIVE JULY 1, 2023]6 |
---|
| 4431 | + | 7 |
---|
| 4432 | + | If the budget director determines at any time during the biennium that the executive8 |
---|
| 4433 | + | branch of state government cannot meet its statutory obligations due to insufficient9 |
---|
| 4434 | + | funds in the general fund, then notwithstanding IC 4-10-18, the budget agency, with10 |
---|
| 4435 | + | the approval of the governor and after review by the budget committee, may transfer11 |
---|
| 4436 | + | from the counter-cyclical revenue and economic stabilization fund to the general fund12 |
---|
| 4437 | + | any additional amount necessary to maintain a positive balance in the general fund.13 |
---|
| 4438 | + | 14 SECTION 35. IC 2-5-3.2-2, AS ADDED BY P.L.36-2015, SECTION 2, IS AMENDED TO READ |
---|
| 4439 | + | 15AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) As used in this section, "tax expenditure" means |
---|
| 4440 | + | 16a tax exemption, tax deduction, tax credit, preferential tax rate, or tax provision that reduces a person's |
---|
| 4441 | + | 17state tax liability. |
---|
| 4442 | + | 18 (b) The legislative services agency shall, before November 1 of each even numbered year, prepare and |
---|
| 4443 | + | 19publish a tax expenditure report. |
---|
| 4444 | + | 20 (c) The tax expenditure report must include at least the following: |
---|
| 4445 | + | 21 (1) A listing and explanation of each tax expenditure. |
---|
| 4446 | + | 22 (2) The history of each tax expenditure. |
---|
| 4447 | + | 23 (3) An estimate for each state fiscal year of the next biennial budget of the cost of each tax |
---|
| 4448 | + | 24 expenditure. |
---|
| 4449 | + | 25 (4) A discussion of the criteria used to determine whether a tax provision is or is not a tax |
---|
| 4450 | + | 26 expenditure. |
---|
| 4451 | + | 27 (d) The legislative services agency shall submit the tax expenditure report to: |
---|
| 4452 | + | 28 (1) the legislative council; |
---|
| 4453 | + | 29 (2) the interim study committee on fiscal policy established by IC 2-5-1.3-4; and |
---|
| 4454 | + | 30 (3) the chairpersons and ranking minority members of: |
---|
| 4455 | + | 31 (A) the house committee on ways and means; and |
---|
| 4456 | + | 32 (B) the senate committee on appropriations; |
---|
| 4457 | + | 33 for use in the preparation of and consideration of the state biennial budget. |
---|
| 4458 | + | 34 (e) This section expires December 31, 2023. |
---|
| 4459 | + | 35 SECTION 36. IC 3-7-12-22 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON |
---|
| 4460 | + | 36PASSAGE]: Sec. 22. (a) In a county where the circuit court clerk serves as voter registration officer, the |
---|
| 4461 | + | 37clerk is entitled to per diem compensation under subsection (b) or (c). |
---|
| 4462 | + | 38 (b) This subsection applies to the circuit court clerk of a county described in subsection (a) that |
---|
| 4463 | + | 39contains not more than one hundred thousand (100,000) registered voters. The county shall pay at |
---|
| 4464 | + | 40least the following to the circuit court clerk of the county: |
---|
| 4465 | + | 41 (1) Two thousand dollars ($2,000) not later than July 1 of each year in which a primary |
---|
| 4466 | + | 42 election is held. |
---|
| 4467 | + | 43 (2) Two thousand dollars ($2,000) not later than December 31 of each year in which a general |
---|
| 4468 | + | 44 election is held. |
---|
| 4469 | + | 45 (c) This subsection applies to the circuit court clerk of a county described in subsection (a) that |
---|
| 4470 | + | 46contains more than one hundred thousand (100,000) registered voters. The county shall pay at least |
---|
| 4471 | + | 47the following to the circuit court clerk of the county: |
---|
| 4472 | + | 48 (1) Two thousand five hundred dollars ($2,500) not later than July 1 of each year in which a |
---|
| 4473 | + | EH 1001—LS 7401/DI 125 |
---|
| 4474 | + | 83 1 primary election is held. |
---|
| 4475 | + | 2 (2) Two thousand five hundred dollars ($2,500) not later than December 31 of each year in |
---|
| 4476 | + | 3 which a general election is held. |
---|
| 4477 | + | 4 (d) The circuit court clerk of a county described in subsection (a) is not entitled to per diem |
---|
| 4478 | + | 5compensation under this section during a year in which a primary or general election is not held. |
---|
| 4479 | + | 6 (e) The per diem shall be paid out of the general fund of the county. in the same manner as election |
---|
| 4480 | + | 7expenses are paid. |
---|
| 4481 | + | 8 SECTION 37. IC 3-11-17-6, AS AMENDED BY P.L.74-2017, SECTION 55, IS AMENDED TO |
---|
| 4482 | + | 9READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) The voting system technical oversight |
---|
| 4483 | + | 10program account is established with within the state general fund to provide money for administering and |
---|
| 4484 | + | 11enforcing IC 3-11-7, IC 3-11-7.5, IC 3-11-15, IC 3-11-16, and this chapter. |
---|
| 4485 | + | 12 (b) The election division secretary of state shall administer the account. With the approval of the |
---|
| 4486 | + | 13budget agency, funds in the account are available to augment and supplement the funds appropriated to |
---|
| 4487 | + | 14the election division secretary of state for the purposes described in this section. |
---|
| 4488 | + | 15 (c) The expenses of administering the account shall be paid from the money in the account. |
---|
| 4489 | + | 16 (d) The account consists of the following: |
---|
| 4490 | + | 17 (1) All civil penalties collected under this chapter. |
---|
| 4491 | + | 18 (2) Fees collected under IC 3-11-15-4. |
---|
| 4492 | + | 19 (3) Contributions to the account made in accordance with a settlement agreement executed with a |
---|
| 4493 | + | 20 voting system vendor. |
---|
| 4494 | + | 21 (4) Money appropriated by the general assembly for the voting system technical oversight program. |
---|
| 4495 | + | 22 (e) Money in the account at the end of a state fiscal year does not revert to the state general fund. |
---|
| 4496 | + | 23 SECTION 38. IC 4-1-6-8.6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
| 4497 | + | 24Sec. 8.6. (a) Except as prohibited under any applicable federal law, in cases where access to |
---|
| 4498 | + | 25confidential records containing personal information is desired by a researcher for research purposes, |
---|
| 4499 | + | 26the agency shall grant access if: |
---|
| 4500 | + | 27 (1) the requestor researcher states in writing to the agency the purpose, including any intent to |
---|
| 4501 | + | 28 publish findings, the nature of the data sought, what personal information will be required, and what |
---|
| 4502 | + | 29 safeguards, including reasonable de-identification methods, will be taken to protect the identity |
---|
| 4503 | + | 30 of the data subjects; |
---|
| 4504 | + | 31 (2) the proposed safeguards are determined by the agency to be adequate to prevent the identity |
---|
| 4505 | + | 32 of an individual data subject from being known; |
---|
| 4506 | + | 33 (3) the researcher executes an agreement on a form, approved by the oversight committee on public |
---|
| 4507 | + | 34 records, with the agency, a data sharing agreement or similar agreement with the agency that |
---|
| 4508 | + | 35 is approved by the management performance hub established by IC 4-3-26-8, which |
---|
| 4509 | + | 36 incorporates such safeguards for protection of individual data subjects, defines the scope of the |
---|
| 4510 | + | 37 research project, and informs the researcher that failure to abide by conditions of the approved |
---|
| 4511 | + | 38 agreement constitutes a breach of contract, could result in the researcher not obtaining further |
---|
| 4512 | + | 39 records from the agency, and could result in civil litigation by the data subject or subjects; |
---|
| 4513 | + | 40 (4) the researcher agrees to pay all direct or indirect costs of the research; and |
---|
| 4514 | + | 41 (5) the agency maintains a copy of the agreement or contract for a period equivalent to the life of the |
---|
| 4515 | + | 42 record. |
---|
| 4516 | + | 43 (b) Improper disclosure of confidential information by a state employee is cause for action to dismiss |
---|
| 4517 | + | 44the employee. |
---|
| 4518 | + | 45 SECTION 39. IC 4-3-26-5, AS ADDED BY P.L.269-2017, SECTION 5, IS AMENDED TO READ |
---|
| 4519 | + | 46AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. As used in this chapter, "person" has the meaning |
---|
| 4520 | + | 47set forth in IC 5-22-2-20. means an individual or entity that is not described in section 2 of this |
---|
| 4521 | + | EH 1001—LS 7401/DI 125 |
---|
| 4522 | + | 84 1chapter. |
---|
| 4523 | + | 2 SECTION 40. IC 4-3-26-14, AS ADDED BY P.L.269-2017, SECTION 5, IS AMENDED TO READ |
---|
| 4524 | + | 3AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 14. (a) The MPH shall prescribe a form to be used to |
---|
| 4525 | + | 4memorialize the sharing of data under this chapter. exchange of electronically recorded information, |
---|
| 4526 | + | 5including government information. |
---|
| 4527 | + | 6 (b) The form prescribed under subsection (a) must be: |
---|
| 4528 | + | 7 (1) completed by the executive state agency or person described in section 15 of this chapter; that |
---|
| 4529 | + | 8 is a party to the agreement; and |
---|
| 4530 | + | 9 (2) signed by the administrative head of the executive state agency or person. |
---|
| 4531 | + | 10 (c) A data sharing form completed and signed under subsection (b) constitutes the agreement required |
---|
| 4532 | + | 11by any statutory or administrative law or rule that governs the data. No additional documentation may |
---|
| 4533 | + | 12be required to share data exchange electronically recorded information, including government |
---|
| 4534 | + | 13information, under this chapter. |
---|
| 4535 | + | 14 SECTION 41. IC 4-3-26-15, AS ADDED BY P.L.269-2017, SECTION 5, IS AMENDED TO READ |
---|
| 4536 | + | 15AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 15. Subject to IC 4-1-6-8.6 and this chapter, the |
---|
| 4537 | + | 16MPH may accept exchange electronically recorded information, including government information, |
---|
| 4538 | + | 17from with any person. The MPH may analyze and exchange electronically recorded information in |
---|
| 4539 | + | 18carrying out the powers and duties of the OMB and the powers and duties of the entity person sharing |
---|
| 4540 | + | 19the electronically recorded information. Title to any electronically recorded information received by the |
---|
| 4541 | + | 20MPH under this section is vested in the MPH. |
---|
| 4542 | + | 21 SECTION 42. IC 4-6-15-4, AS AMENDED BY P.L.72-2022, SECTION 3, IS AMENDED TO READ |
---|
| 4543 | + | 22AS FOLLOWS [EFFECTIVE JULY 1, 2022 (RETROACTIVE)]: Sec. 4. (a) Except as provided by any |
---|
| 4544 | + | 23bankruptcy court order or bankruptcy settlement, and subject to subsection (g), funds received from |
---|
| 4545 | + | 24opioid litigation settlements that resolve existing state and political subdivision litigation lawsuits as of |
---|
| 4546 | + | 25January 1, 2021, shall be distributed in a minimum of two (2) payments per year in the following |
---|
| 4547 | + | 26manner: |
---|
| 4548 | + | 27 (1) Fifteen percent (15%) to the agency settlement fund established by IC 4-12-16-2 state |
---|
| 4549 | + | 28 unrestricted opioid settlement account established by IC 4-12-16.2-5(1) for the benefit of the |
---|
| 4550 | + | 29 state. |
---|
| 4551 | + | 30 (2) Fifteen percent (15%) to the agency settlement fund established by IC 4-12-16-2 local |
---|
| 4552 | + | 31 unrestricted opioid settlement account established by IC 4-12-16.2-5(2) for distribution as |
---|
| 4553 | + | 32 reimbursement to cities, counties, and towns according to a weighted distribution formula |
---|
| 4554 | + | 33 identified in settlement documents that accounts for opioid impacts in communities. |
---|
| 4555 | + | 34 (3) Thirty-five percent (35%) to the agency settlement fund established by IC 4-12-16-2 state |
---|
| 4556 | + | 35 abatement opioid settlement account established by IC 4-12-16.2-5(3) to be used for statewide |
---|
| 4557 | + | 36 treatment, education, and prevention programs for opioid use disorder and any co-occurring |
---|
| 4558 | + | 37 substance use disorder or mental health issues as defined or required by the settlement documents |
---|
| 4559 | + | 38 or court order. |
---|
| 4560 | + | 39 (4) Thirty-five percent (35%) to the agency settlement fund established by IC 4-12-16-2 local |
---|
| 4561 | + | 40 abatement opioid settlement account established by IC 4-12-16.2-5(4) for distribution to cities, |
---|
| 4562 | + | 41 counties, and towns according to a weighted distribution formula identified in settlement documents |
---|
| 4563 | + | 42 that accounts for opioid impacts in communities. However, if a city's or town's annual distribution |
---|
| 4564 | + | 43 under this subdivision is: |
---|
| 4565 | + | 44 (A) for a distribution made before July 1, 2023, less than one thousand dollars ($1,000); or |
---|
| 4566 | + | 45 (B) for a distribution made after June 30, 2023, less than five thousand dollars ($5,000); |
---|
| 4567 | + | 46 the city's or town's annual distribution must instead be distributed to the county in which the city or |
---|
| 4568 | + | 47 town is located. Distributions under this subdivision may be used only for programs of treatment, |
---|
| 4569 | + | EH 1001—LS 7401/DI 125 |
---|
| 4570 | + | 85 1 prevention, and care that are best practices as defined or required by the settlement documents or |
---|
| 4571 | + | 2 court order. |
---|
| 4572 | + | 3 (b) Any attorney's fees or costs required to be paid by the state, including any amount in a |
---|
| 4573 | + | 4settlement designated for payment of state attorney's fees or costs, shall be deducted from the |
---|
| 4574 | + | 5distribution described in subsection (a)(1), even if the funds have not been deposited in the agency |
---|
| 4575 | + | 6settlement fund. |
---|
| 4576 | + | 7 (b) (c) The amounts distributed to the agency settlement fund under subsection (a)(2) and (a)(4) are |
---|
| 4577 | + | 8annually appropriated to the office of the attorney general to make the distributions described under |
---|
| 4578 | + | 9subsection (a)(2) and (a)(4). |
---|
| 4579 | + | 10 (c) (d) Funds received from the settlement may not be distributed to a city, county, or town that has |
---|
| 4580 | + | 11opted out of the settlement under section 2(b) of this chapter. The settlement funds that are not distributed |
---|
| 4581 | + | 12to the cities, counties, or towns that have opted out of the settlement must be distributed in the manner |
---|
| 4582 | + | 13set forth under subsection (a)(2) and (a)(4) to the cities, counties, or towns that have opted into the |
---|
| 4583 | + | 14settlement. |
---|
| 4584 | + | 15 (d) The amount distributed to the agency settlement fund under subsection (a)(3) is annually |
---|
| 4585 | + | 16appropriated to the office of the secretary of family and social services for treatment, education, and |
---|
| 4586 | + | 17prevention programs for opioid use disorder and any co-occurring substance use disorder or mental health |
---|
| 4587 | + | 18issues as defined or required by the settlement documents or court order. Before the thirty-five percent |
---|
| 4588 | + | 19(35%) of the funds received under this subsection may be distributed, the office of the secretary of family |
---|
| 4589 | + | 20and social services shall submit a distribution plan to the budget committee for review. |
---|
| 4590 | + | 21 (e) All entities receiving opioid settlement funds to be used for treatment, education, and prevention |
---|
| 4591 | + | 22programs for opioid use disorder and any co-occurring substance use disorder or mental health issues |
---|
| 4592 | + | 23shall monitor the use of those funds and provide an annual report to the office of the secretary of family |
---|
| 4593 | + | 24and social services not later than a date determined by the office of the secretary of family and social |
---|
| 4594 | + | 25services. |
---|
| 4595 | + | 26 (f) The office of the secretary of family and social services shall compile and submit an annual |
---|
| 4596 | + | 27comprehensive report of the information received under subsection (e) to the general assembly in an |
---|
| 4597 | + | 28electronic format under IC 5-14-6 not later than October 1 of each year identifying all funds committed |
---|
| 4598 | + | 29and used as specified by any settlement documents or court order. |
---|
| 4599 | + | 30 (g) If any settlement documents or court order, assurance of voluntary compliance, or other |
---|
| 4600 | + | 31form of agreement related to opioids requires at least seventy percent (70%) of the settlement |
---|
| 4601 | + | 32proceeds to be used for treatment, education, recovery, enforcement, or prevention programs, any |
---|
| 4602 | + | 33amount of settlement funds in addition to those distributed under subsection (a)(3) and (a)(4) that |
---|
| 4603 | + | 34are needed to meet the terms must first come from funds that would otherwise be distributed under |
---|
| 4604 | + | 35subsection (a)(1). |
---|
| 4605 | + | 36 (h) Any city, county, or town receiving a distribution under subsection (a)(2) or (a)(4) may |
---|
| 4606 | + | 37transfer all or part of its distribution to another city, county, or town to be used for the benefit of |
---|
| 4607 | + | 38both communities. |
---|
| 4608 | + | 39 (i) Upon a majority vote of the legislative body, a city, county, or town receiving a distribution |
---|
| 4609 | + | 40under subsection (a)(2) or (a)(4) may sell for cash or other consideration the right to receive the |
---|
| 4610 | + | 41distribution. However, the proceeds from the sale of a distribution received under subsection (a)(2) |
---|
| 4611 | + | 42must be used for the purposes allowed for a distribution under subsection (a)(2), and the proceeds |
---|
| 4612 | + | 43from the sale of a distribution received under subsection (a)(4) must be used for the purposes |
---|
| 4613 | + | 44allowed for a distribution under subsection (a)(4). A city, county, or town may pledge, grant a lien |
---|
| 4614 | + | 45on, or grant a security interest in a distribution to effectuate a sale under this subsection. The |
---|
| 4615 | + | 46legislative body's approval of the sale is conclusive as to the adequacy of the consideration for the |
---|
| 4616 | + | 47sale. |
---|
| 4617 | + | 48 SECTION 43. IC 4-6-15-5, AS ADDED BY P.L.72-2022, SECTION 4, IS AMENDED TO READ AS |
---|
| 4618 | + | EH 1001—LS 7401/DI 125 |
---|
| 4619 | + | 86 1FOLLOWS [EFFECTIVE JULY 1, 2022 (RETROACTIVE)]: Sec. 5. Before distributing funds to a city, |
---|
| 4620 | + | 2county, or town that has opted back into a settlement under section 2(d) of this chapter, the budget agency |
---|
| 4621 | + | 3office of the attorney general shall: |
---|
| 4622 | + | 4 (1) withhold from distribution to the city, county, or town the funds owed to the private legal counsel |
---|
| 4623 | + | 5 of the city, county, or town; in the amount set forth in the agreement between the city, county, or |
---|
| 4624 | + | 6 town and private legal counsel; and |
---|
| 4625 | + | 7 (2) distribute the attorney's fees and costs to the private legal counsel of the city, county, or town. |
---|
| 4626 | + | 8 in the amount set forth in the agreement between the city, county, or town and private legal counsel. |
---|
| 4627 | + | 9 SECTION 44. IC 4-6-16 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ |
---|
| 4628 | + | 10AS FOLLOWS [EFFECTIVE JANUARY 1, 2023 (RETROACTIVE)]: |
---|
| 4629 | + | 11 Chapter 16. Attorney General Contingency Fee Fund |
---|
| 4630 | + | 12 Sec. 1. This chapter applies to state funds received after December 31, 2022. |
---|
| 4631 | + | 13 Sec. 2. As used in this chapter, "contingency fee" means a fee for legal services: |
---|
| 4632 | + | 14 (1) performed by an attorney or attorneys employed within the attorney general's office; |
---|
| 4633 | + | 15 (2) that are contingent upon attainment of a settlement agreement or court order in a civil |
---|
| 4634 | + | 16 case; and |
---|
| 4635 | + | 17 (3) from which money is received that would otherwise be deposited as state funds in the |
---|
| 4636 | + | 18 agency settlement fund under IC 4-12-16-3(a). |
---|
| 4637 | + | 19 Sec. 3. As used in this chapter, "fund" means the attorney general contingency fee fund |
---|
| 4638 | + | 20established by section 6 of this chapter. |
---|
| 4639 | + | 21 Sec. 4. (a) Subject to section 5 of this chapter, the attorney general is entitled to a contingency |
---|
| 4640 | + | 22fee equal to: |
---|
| 4641 | + | 23 (1) the amount of state funds that are received in a settlement agreement or court order |
---|
| 4642 | + | 24 described in IC 4-12-16-3(a); multiplied by |
---|
| 4643 | + | 25 (2) the applicable contingency fee percentage under subsection (b). |
---|
| 4644 | + | 26 (b) The applicable contingency fee percentage for purposes of subsection (a) shall not exceed the |
---|
| 4645 | + | 27aggregate contingency fee sum of the following: |
---|
| 4646 | + | 28 (1) Twenty-five percent (25%) of any recovery that exceeds two million dollars ($2,000,000) |
---|
| 4647 | + | 29 and that is not more than ten million dollars ($10,000,000). |
---|
| 4648 | + | 30 (2) Twenty percent (20%) of any part of a recovery of more than ten million dollars |
---|
| 4649 | + | 31 ($10,000,000) and not more than fifteen million dollars ($15,000,000). |
---|
| 4650 | + | 32 (3) Fifteen percent (15%) of any part of a recovery of more than fifteen million dollars |
---|
| 4651 | + | 33 ($15,000,000) and not more than twenty million dollars ($20,000,000). |
---|
| 4652 | + | 34 (4) Ten percent (10%) of any part of a recovery of more than twenty million dollars |
---|
| 4653 | + | 35 ($20,000,000) and not more than twenty-five million dollars ($25,000,000). |
---|
| 4654 | + | 36 (5) Five percent (5%) of any part of a recovery of more than twenty-five million dollars |
---|
| 4655 | + | 37 ($25,000,000). |
---|
| 4656 | + | 38 (c) Money recovered as a contingency fee shall be deposited in the fund. The contingency fee |
---|
| 4657 | + | 39amount shall first be deposited in the fund before the remaining recovered state funds are deposited |
---|
| 4658 | + | 40in the agency settlement fund under IC 4-12-16-3(a). |
---|
| 4659 | + | 41 Sec. 5. (a) The attorney general is not entitled to a contingency fee if the attorney general hired |
---|
| 4660 | + | 42private attorneys as outside counsel to litigate the case. |
---|
| 4661 | + | 43 (b) The amount of money deposited in the fund each state fiscal year under this chapter may not |
---|
| 4662 | + | 44exceed two million five hundred thousand dollars ($2,500,000). However, after review by the budget |
---|
| 4663 | + | 45committee, the amount of money deposited in the fund in a given state fiscal year may exceed two |
---|
| 4664 | + | 46million five hundred thousand dollars ($2,500,000). |
---|
| 4665 | + | 47 Sec. 6. (a) The attorney general contingency fee fund is established for the purposes of paying |
---|
| 4666 | + | 48litigation costs of the attorney general's office. |
---|
| 4667 | + | EH 1001—LS 7401/DI 125 |
---|
| 4668 | + | 87 1 (b) The fund consists of: |
---|
| 4669 | + | 2 (1) money deposited in the fund under section 4 of this chapter; and |
---|
| 4670 | + | 3 (2) all earnings on investments of the funds. |
---|
| 4671 | + | 4 (c) The attorney general shall administer the fund. |
---|
| 4672 | + | 5 (d) Subject to subsection (e), money in the fund may be used to fund future litigation and |
---|
| 4673 | + | 6consumer education initiatives. |
---|
| 4674 | + | 7 (e) Money deposited in the fund must be used in accordance with any settlement requirements |
---|
| 4675 | + | 8imposed for its use as determined by court order. |
---|
| 4676 | + | 9 (f) The expenses of administering the fund shall be paid from the money in the fund. |
---|
| 4677 | + | 10 (g) The treasurer of state shall invest the money in the fund not currently needed to meet the |
---|
| 4678 | + | 11obligations of the fund in the same manner as other public money may be invested. |
---|
| 4679 | + | 12 (h) Money in the fund at the end of a state fiscal year does not revert to the state general fund. |
---|
| 4680 | + | 13 SECTION 45. IC 4-7-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
| 4681 | + | 14Sec. 1. (a) The individual elected as auditor of state shall take office on January 1 following the |
---|
| 4682 | + | 15individual's election. |
---|
| 4683 | + | 16 (b) The auditor of state, before entering upon the duties of office shall execute an official bond, for the |
---|
| 4684 | + | 17sum of ten thousand dollars ($10,000), to be approved by the governor. |
---|
| 4685 | + | 18 (c) The auditor of state shall also be known as the state comptroller. After June 30, 2023, the |
---|
| 4686 | + | 19auditor of state's office shall use the title "state comptroller" in conducting state business, in all |
---|
| 4687 | + | 20contracts, on business cards, on stationery, and with other means of communication as necessary. |
---|
| 4688 | + | 21The change in title under this subsection does not invalidate any documents or transactions |
---|
| 4689 | + | 22conducted in the name of the auditor of state. |
---|
| 4690 | + | 23 SECTION 46. IC 4-12-1-9, AS AMENDED BY P.L.108-2019, SECTION 57, IS AMENDED TO |
---|
| 4691 | + | 24READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 9. (a) The budget agency shall assist the budget |
---|
| 4692 | + | 25committee in the preparation of the budget report and the budget bill, using the recommendations and |
---|
| 4693 | + | 26estimates prepared by the budget agency and the information obtained through investigation and |
---|
| 4694 | + | 27presented at hearings. The budget committee shall consider the data, information, recommendations and |
---|
| 4695 | + | 28estimates before it and, to the extent that there is agreement on items, matters, and amounts between the |
---|
| 4696 | + | 29budget agency and a majority of the members of the budget committee, the committee shall organize and |
---|
| 4697 | + | 30assemble a budget report and a budget bill or budget bills. In the event the budget agency and a majority |
---|
| 4698 | + | 31of the members of the budget committee shall differ upon any item, matter, or amount to be included in |
---|
| 4699 | + | 32such report and bills, the recommendation of the budget agency shall be included in the budget bill or |
---|
| 4700 | + | 33bills, and the particular item, matter, or amount, and the extent of and reasons for the differences between |
---|
| 4701 | + | 34the budget agency and the budget committee shall be stated fully in the budget report. The budget |
---|
| 4702 | + | 35committee shall submit the budget report and the budget bill or bills to the governor on or before: |
---|
| 4703 | + | 36 (1) the second Monday of January in the year immediately following the calendar year in which the |
---|
| 4704 | + | 37 budget report and budget bill or bills are prepared, if the budget report and budget bill or bills are |
---|
| 4705 | + | 38 prepared in a calendar year other than a calendar year in which a gubernatorial election is held; or |
---|
| 4706 | + | 39 (2) the third Monday of January, if the budget report and budget bill or bills are prepared in the same |
---|
| 4707 | + | 40 calendar year in which a gubernatorial election is held. |
---|
| 4708 | + | 41The governor shall deliver to the house members of the budget committee such bill or bills for |
---|
| 4709 | + | 42introduction into the house of representatives. |
---|
| 4710 | + | 43 (b) Whenever during the period beginning thirty (30) days prior to a regular session of the general |
---|
| 4711 | + | 44assembly the budget report and budget bill or bills have been completed and printed and are available for |
---|
| 4712 | + | 45distribution, upon the request of a member of the general assembly an informal distribution of one (1) |
---|
| 4713 | + | 46copy of each such document shall be made by the budget committee to such members. During business |
---|
| 4714 | + | 47hours, and as may be otherwise required during sessions of the general assembly, the budget agency shall |
---|
| 4715 | + | 48make available to the members of the general assembly so much as they shall require of its accumulated |
---|
| 4716 | + | EH 1001—LS 7401/DI 125 |
---|
| 4717 | + | 88 1staff information, analyses and reports concerning the fiscal affairs of the state and the current budget |
---|
| 4718 | + | 2report and budget bill or bills. |
---|
| 4719 | + | 3 (c) The budget report shall include at least the following parts: |
---|
| 4720 | + | 4 (1) A statement of budget policy, including but not limited to recommendations with reference to |
---|
| 4721 | + | 5 the fiscal policy of the state for the coming budget period, and describing the important features of |
---|
| 4722 | + | 6 the budget. |
---|
| 4723 | + | 7 (2) A general budget summary setting forth the aggregate figures of the budget to show the total |
---|
| 4724 | + | 8 proposed expenditures and the total anticipated income, and the surplus or deficit. |
---|
| 4725 | + | 9 (3) The detailed data on actual receipts and expenditures for the previous fiscal year or two (2) fiscal |
---|
| 4726 | + | 10 years depending upon the length of the budget period for which the budget bill or bills is proposed, |
---|
| 4727 | + | 11 the estimated receipts and expenditures for the current year, and for the ensuing budget period, and |
---|
| 4728 | + | 12 the anticipated balances at the end of the current fiscal year and the ensuing budget period. Such |
---|
| 4729 | + | 13 data shall be supplemented with necessary explanatory schedules and statements, including a |
---|
| 4730 | + | 14 statement of any differences between the recommendations of the budget agency and of the budget |
---|
| 4731 | + | 15 committee. |
---|
| 4732 | + | 16 (4) A description of the capital improvement program for the state and an explanation of its relation |
---|
| 4733 | + | 17 to the budget. |
---|
| 4734 | + | 18 (5) The budget bills. |
---|
| 4735 | + | 19 (6) The tax expenditure report prepared by the legislative services agency under IC 2-5-3.2-2. |
---|
| 4736 | + | 20 (7) For each appropriation in the governor's recommended budget bill that is made to a state |
---|
| 4737 | + | 21 provider, as defined in IC 22-4.1-1-5.5, for a workforce related program, as defined in IC 22-4.1-1-7, |
---|
| 4738 | + | 22 a summary and justification for the workforce related program. |
---|
| 4739 | + | 23 (d) The budget report shall cover and include all special and dedicated revenue funds as well as the |
---|
| 4740 | + | 24general revenue fund and shall include the estimated amounts of federal aids, for whatever purpose |
---|
| 4741 | + | 25provided, together with estimated expenditures therefrom. |
---|
| 4742 | + | 26 (e) The budget agency shall furnish the governor with any further information required concerning the |
---|
| 4743 | + | 27budget, and upon request shall attend hearings of committees of the general assembly on the budget bills. |
---|
| 4744 | + | 28 SECTION 47. IC 4-12-16-3, AS AMENDED BY P.L.141-2021, SECTION 2, IS AMENDED TO |
---|
| 4745 | + | 29READ AS FOLLOWS [EFFECTIVE JULY 1, 2022 (RETROACTIVE)]: Sec. 3. (a) The fund consists |
---|
| 4746 | + | 30of: |
---|
| 4747 | + | 31 (1) except as provided in subsections (b) and (c) and IC 4-12-16.2, all funds received by the state, |
---|
| 4748 | + | 32 less any amount owed for outside counsel attorney's fees, costs, or expenses, under: |
---|
| 4749 | + | 33 (A) multistate and Indiana specific settlements; |
---|
| 4750 | + | 34 (B) assurances of voluntary compliance accepted by the attorney general; and |
---|
| 4751 | + | 35 (C) any other form of agreement that: |
---|
| 4752 | + | 36 (i) is enforceable by a court; and |
---|
| 4753 | + | 37 (ii) settles litigation between the state and another party; and |
---|
| 4754 | + | 38 (2) all money recovered as court costs or costs related to litigation. |
---|
| 4755 | + | 39 (b) Any amount of restitution that is: |
---|
| 4756 | + | 40 (1) awarded to an individual or institution under a settlement or assurance of voluntary compliance; |
---|
| 4757 | + | 41 (2) unclaimed by an individual or institution; |
---|
| 4758 | + | 42 (3) received by a state agency; and |
---|
| 4759 | + | 43 (4) determined to be abandoned property under IC 32-34-1.5; |
---|
| 4760 | + | 44must be deposited in the abandoned property fund under IC 32-34-1.5-42. |
---|
| 4761 | + | 45 (c) The fund does not include the following: |
---|
| 4762 | + | 46 (1) Funds received by the state department of revenue. |
---|
| 4763 | + | 47 (2) Funds required to be deposited in the securities division enforcement account (IC 23-19-6-1). |
---|
| 4764 | + | EH 1001—LS 7401/DI 125 |
---|
| 4765 | + | 89 1 (3) Funds received as the result of a civil forfeiture under IC 34-24-1. |
---|
| 4766 | + | 2 (4) Funds received as a civil penalty or as part of an enforcement or collection action by an agency |
---|
| 4767 | + | 3 authorized to impose a civil penalty or engage in an enforcement or collection action, if the funds |
---|
| 4768 | + | 4 are required to be deposited in the general fund or another fund by statute. |
---|
| 4769 | + | 5 (5) Funds recovered by the Medicaid fraud control unit in actions to recover money inappropriately |
---|
| 4770 | + | 6 paid out of or obtained from the state Medicaid program. |
---|
| 4771 | + | 7 (6) Amounts required to be paid as consumer restitution or refunds in settlements specified in this |
---|
| 4772 | + | 8 chapter. |
---|
| 4773 | + | 9 (7) Amounts received under the Master Settlement Agreement (as defined in IC 24-3-3-6). |
---|
| 4774 | + | 10 (8) Amounts received as a result of opioid litigation settlements that are required to be |
---|
| 4775 | + | 11 distributed as provided in IC 4-6-15-4. |
---|
| 4776 | + | 12 (9) Amounts deposited in the attorney general contingency fee fund under IC 4-6-16. |
---|
| 4777 | + | 13 SECTION 48. IC 4-12-16-5, AS ADDED BY P.L.217-2017, SECTION 39, IS AMENDED TO READ |
---|
| 4778 | + | 14AS FOLLOWS [EFFECTIVE JULY 1, 2022 (RETROACTIVE)]: Sec. 5. (a) A state agency may use the |
---|
| 4779 | + | 15money in the fund after appropriation of the money in the fund by the general assembly. |
---|
| 4780 | + | 16 (b) A state agency may, not later than November 1 of each even-numbered calendar year, submit to |
---|
| 4781 | + | 17the budget committee and the legislative council in an electronic format under IC 5-14-6 a list of proposed |
---|
| 4782 | + | 18projects, including the estimated cost of each project, for consideration of the general assembly in making |
---|
| 4783 | + | 19appropriations during the biennial budget process. |
---|
| 4784 | + | 20 (b) The budget agency shall report to the budget committee on each request for augmentation |
---|
| 4785 | + | 21the budget agency receives that is for an amount that exceeds one hundred thousand dollars |
---|
| 4786 | + | 22($100,000). |
---|
| 4787 | + | 23 (c) The proceeds of a particular settlement, assurance of voluntary compliance, or other form of |
---|
| 4788 | + | 24agreement that are deposited in the fund must be used by the state agency according to any court order |
---|
| 4789 | + | 25that applies to the settlement, assurance of voluntary compliance, or other form of agreement. |
---|
| 4790 | + | 26 SECTION 49. IC 4-12-16.2 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ |
---|
| 4791 | + | 27AS FOLLOWS [EFFECTIVE JULY 1, 2022 (RETROACTIVE)]: |
---|
| 4792 | + | 28 Chapter 16.2. Opioid Settlement Fund |
---|
| 4793 | + | 29 Sec. 1. As used in this chapter, "fund" means the opioid settlement fund established by section |
---|
| 4794 | + | 302 of this chapter. |
---|
| 4795 | + | 31 Sec. 2. The opioid settlement fund is established. |
---|
| 4796 | + | 32 Sec. 3. The fund consists of: |
---|
| 4797 | + | 33 (1) all funds received by the state under: |
---|
| 4798 | + | 34 (A) multi-state and Indiana specific opioid litigation settlements described in IC 4-6-15; and |
---|
| 4799 | + | 35 (B) any other form of opioid litigation agreement that: |
---|
| 4800 | + | 36 (i) is enforceable by a court; and |
---|
| 4801 | + | 37 (ii) settles litigation between the state and another party; |
---|
| 4802 | + | 38 (2) all money recovered as court costs or costs related to opioid litigation; and |
---|
| 4803 | + | 39 (3) interest that accrues to the fund under section 7 of this chapter. |
---|
| 4804 | + | 40 Sec. 4. The fund shall be administered by the budget agency. |
---|
| 4805 | + | 41 Sec. 5. The following accounts are established within the fund: |
---|
| 4806 | + | 42 (1) The state unrestricted opioid settlement account. The account consists of money distributed |
---|
| 4807 | + | 43 to the account under IC 4-6-15-4(a)(1) and any interest earnings that accrue to the fund under |
---|
| 4808 | + | 44 section 7 of this chapter. Expenditures from the account may be made only after appropriation |
---|
| 4809 | + | 45 of the money in the account by the general assembly. Money in the account must be used by |
---|
| 4810 | + | 46 the state for oversight and administration of programs for treatment, education, recovery, |
---|
| 4811 | + | 47 enforcement, and prevention of opioid use disorder and any co-occurring substance use |
---|
| 4812 | + | 48 disorders or mental health issues. |
---|
| 4813 | + | EH 1001—LS 7401/DI 125 |
---|
| 4814 | + | 90 1 (2) The local unrestricted opioid settlement account. The account consists of money distributed |
---|
| 4815 | + | 2 to the account under IC 4-6-15-4(a)(2). Money in the account is continuously appropriated to |
---|
| 4816 | + | 3 the office of the attorney general to make the distributions described in IC 4-6-15-4(a)(2). |
---|
| 4817 | + | 4 (3) The state abatement opioid settlement account. The account consists of money distributed |
---|
| 4818 | + | 5 to the account under IC 4-6-15-4(a)(3) and the balance of any opioid litigation settlements |
---|
| 4819 | + | 6 remaining prior to the passage of P.L.72-2022. Money in the account is continuously |
---|
| 4820 | + | 7 appropriated to the office of the secretary of family and social services for treatment, |
---|
| 4821 | + | 8 education, recovery, enforcement, and prevention programs for opioid use disorder and any |
---|
| 4822 | + | 9 co-occurring substance use disorder or mental health issues as defined or required by the |
---|
| 4823 | + | 10 settlement documents or court order. Before the funds received under this subdivision may be |
---|
| 4824 | + | 11 distributed, the office of the secretary of family and social services shall submit a distribution |
---|
| 4825 | + | 12 plan to the budget committee for review. |
---|
| 4826 | + | 13 (4) The local abatement opioid settlement account. The account consists of money distributed |
---|
| 4827 | + | 14 to the account under IC 4-6-15-4(a)(4). Money in the account is continuously appropriated to |
---|
| 4828 | + | 15 the office of the attorney general to make the distributions described in IC 4-6-15-4(a)(4). |
---|
| 4829 | + | 16 Sec. 6. The expenses of administering the fund shall be paid from money in the state unrestricted |
---|
| 4830 | + | 17opioid settlement account established by section 5(1) of this chapter. |
---|
| 4831 | + | 18 Sec. 7. The treasurer of state shall invest the money in the fund not currently needed to meet the |
---|
| 4832 | + | 19obligations of the fund in the same manner as other public money may be invested. Interest that |
---|
| 4833 | + | 20accrues from the investments shall be deposited in the state unrestricted opioid settlement account |
---|
| 4834 | + | 21established by section 5(1) of this chapter. |
---|
| 4835 | + | 22 Sec. 8. Money in the fund at the end of a state fiscal year does not revert to the state general |
---|
| 4836 | + | 23fund. |
---|
| 4837 | + | 24 SECTION 50. IC 4-33-13-4 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 4. Sufficient funds are |
---|
| 4838 | + | 25annually appropriated to the commission from the state gaming fund to administer this article. |
---|
| 4839 | + | 26 SECTION 51. IC 4-33-13-5, AS AMENDED BY P.L.178-2022(ts), SECTION 2, IS AMENDED TO |
---|
| 4840 | + | 27READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) This subsection does not apply to tax |
---|
| 4841 | + | 28revenue remitted by an operating agent operating a riverboat in a historic hotel district. After funds are |
---|
| 4842 | + | 29appropriated under section 4 of this chapter, Excluding funds that are appropriated in the biennial |
---|
| 4843 | + | 30budget act from the state gaming fund to the commission for purposes of administering this article, |
---|
| 4844 | + | 31each month the auditor of state shall distribute the tax revenue deposited in the state gaming fund under |
---|
| 4845 | + | 32this chapter to the following: |
---|
| 4846 | + | 33 (1) An amount equal to the following shall be set aside for revenue sharing under subsection (d): |
---|
| 4847 | + | 34 (A) Before July 1, 2021, the first thirty-three million dollars ($33,000,000) of tax revenues |
---|
| 4848 | + | 35 collected under this chapter shall be set aside for revenue sharing under subsection (d). |
---|
| 4849 | + | 36 (B) After June 30, 2021, if the total adjusted gross receipts received by licensees from gambling |
---|
| 4850 | + | 37 games authorized under this article during the preceding state fiscal year is equal to or greater |
---|
| 4851 | + | 38 than the total adjusted gross receipts received by licensees from gambling games authorized |
---|
| 4852 | + | 39 under this article during the state fiscal year ending June 30, 2020, the first thirty-three million |
---|
| 4853 | + | 40 dollars ($33,000,000) of tax revenues collected under this chapter shall be set aside for revenue |
---|
| 4854 | + | 41 sharing under subsection (d). |
---|
| 4855 | + | 42 (C) After June 30, 2021, if the total adjusted gross receipts received by licensees from gambling |
---|
| 4856 | + | 43 games authorized under this article during the preceding state fiscal year is less than the total |
---|
| 4857 | + | 44 adjusted gross receipts received by licensees from gambling games authorized under this article |
---|
| 4858 | + | 45 during the state year ending June 30, 2020, an amount equal to the first thirty-three million |
---|
| 4859 | + | 46 dollars ($33,000,000) of tax revenues collected under this chapter multiplied by the result of: |
---|
| 4860 | + | 47 (i) the total adjusted gross receipts received by licensees from gambling games authorized |
---|
| 4861 | + | 48 under this article during the preceding state fiscal year; divided by |
---|
| 4862 | + | EH 1001—LS 7401/DI 125 |
---|
| 4863 | + | 91 1 (ii) the total adjusted gross receipts received by licensees from gambling games authorized |
---|
| 4864 | + | 2 under this article during the state fiscal year ending June 30, 2020; |
---|
| 4865 | + | 3 shall be set aside for revenue sharing under subsection (d). |
---|
| 4866 | + | 4 (2) Subject to subsection (c), twenty-five percent (25%) of the remaining tax revenue remitted by |
---|
| 4867 | + | 5 each licensed owner shall be paid: |
---|
| 4868 | + | 6 (A) to the city in which the riverboat is located or that is designated as the home dock of the |
---|
| 4869 | + | 7 riverboat from which the tax revenue was collected, in the case of: |
---|
| 4870 | + | 8 (i) a city described in IC 4-33-12-6(b)(1)(A); |
---|
| 4871 | + | 9 (ii) a city located in Lake County; or |
---|
| 4872 | + | 10 (iii) Terre Haute; or |
---|
| 4873 | + | 11 (B) to the county that is designated as the home dock of the riverboat from which the tax revenue |
---|
| 4874 | + | 12 was collected, in the case of a riverboat that is not located in a city described in clause (A) or |
---|
| 4875 | + | 13 whose home dock is not in a city described in clause (A). |
---|
| 4876 | + | 14 (3) The remainder of the tax revenue remitted by each licensed owner shall be paid to the state |
---|
| 4877 | + | 15 general fund. In each state fiscal year, the auditor of state shall make the transfer required by this |
---|
| 4878 | + | 16 subdivision on or before the fifteenth day of the month based on revenue received during the |
---|
| 4879 | + | 17 preceding month for deposit in the state gaming fund. Specifically, the auditor of state may transfer |
---|
| 4880 | + | 18 the tax revenue received by the state in a month to the state general fund in the immediately |
---|
| 4881 | + | 19 following month according to this subdivision. |
---|
| 4882 | + | 20 (b) This subsection applies only to tax revenue remitted by an operating agent operating a riverboat |
---|
| 4883 | + | 21in a historic hotel district after June 30, 2019. After funds are appropriated under section 4 of this chapter, |
---|
| 4884 | + | 22Excluding funds that are appropriated in the biennial budget act from the state gaming fund to the |
---|
| 4885 | + | 23commission for purposes of administering this article, each month the auditor of state shall distribute |
---|
| 4886 | + | 24the tax revenue remitted by the operating agent under this chapter as follows: |
---|
| 4887 | + | 25 (1) For state fiscal years beginning after June 30, 2019, but ending before July 1, 2021, fifty-six and |
---|
| 4888 | + | 26 five-tenths percent (56.5%) shall be paid to the state general fund. |
---|
| 4889 | + | 27 (2) For state fiscal years beginning after June 30, 2021, fifty-six and five-tenths percent (56.5%) |
---|
| 4890 | + | 28 shall be paid as follows: |
---|
| 4891 | + | 29 (A) Sixty-six and four-tenths percent (66.4%) shall be paid to the state general fund. |
---|
| 4892 | + | 30 (B) Thirty-three and six-tenths percent (33.6%) shall be paid to the West Baden Springs historic |
---|
| 4893 | + | 31 hotel preservation and maintenance fund established by IC 36-7-11.5-11(b). However, if: |
---|
| 4894 | + | 32 (i) at any time the balance in that fund exceeds twenty-five million dollars ($25,000,000); or |
---|
| 4895 | + | 33 (ii) in any part of a state fiscal year in which the operating agent has received at least one |
---|
| 4896 | + | 34 hundred million dollars ($100,000,000) of adjusted gross receipts; |
---|
| 4897 | + | 35 the amount described in this clause shall be paid to the state general fund for the remainder of |
---|
| 4898 | + | 36 the state fiscal year. |
---|
| 4899 | + | 37 (3) Forty-three and five-tenths percent (43.5%) shall be paid as follows: |
---|
| 4900 | + | 38 (A) Twenty-two and four-tenths percent (22.4%) shall be paid as follows: |
---|
| 4901 | + | 39 (i) Fifty percent (50%) to the fiscal officer of the town of French Lick. |
---|
| 4902 | + | 40 (ii) Fifty percent (50%) to the fiscal officer of the town of West Baden Springs. |
---|
| 4903 | + | 41 (B) Fourteen and eight-tenths percent (14.8%) shall be paid to the county treasurer of Orange |
---|
| 4904 | + | 42 County for distribution among the school corporations in the county. The governing bodies for |
---|
| 4905 | + | 43 the school corporations in the county shall provide a formula for the distribution of the money |
---|
| 4906 | + | 44 received under this clause among the school corporations by joint resolution adopted by the |
---|
| 4907 | + | 45 governing body of each of the school corporations in the county. Money received by a school |
---|
| 4908 | + | 46 corporation under this clause must be used to improve the educational attainment of students |
---|
| 4909 | + | 47 enrolled in the school corporation receiving the money. Not later than the first regular meeting |
---|
| 4910 | + | 48 in the school year of a governing body of a school corporation receiving a distribution under this |
---|
| 4911 | + | EH 1001—LS 7401/DI 125 |
---|
| 4912 | + | 92 1 clause, the superintendent of the school corporation shall submit to the governing body a report |
---|
| 4913 | + | 2 describing the purposes for which the receipts under this clause were used and the improvements |
---|
| 4914 | + | 3 in educational attainment realized through the use of the money. The report is a public record. |
---|
| 4915 | + | 4 (C) Thirteen and one-tenth percent (13.1%) shall be paid to the county treasurer of Orange |
---|
| 4916 | + | 5 County. |
---|
| 4917 | + | 6 (D) Five and three-tenths percent (5.3%) shall be distributed quarterly to the county treasurer of |
---|
| 4918 | + | 7 Dubois County for appropriation by the county fiscal body after receiving a recommendation |
---|
| 4919 | + | 8 from the county executive. The county fiscal body for the receiving county shall provide for the |
---|
| 4920 | + | 9 distribution of the money received under this clause to one (1) or more taxing units (as defined |
---|
| 4921 | + | 10 in IC 6-1.1-1-21) in the county under a formula established by the county fiscal body after |
---|
| 4922 | + | 11 receiving a recommendation from the county executive. |
---|
| 4923 | + | 12 (E) Five and three-tenths percent (5.3%) shall be distributed quarterly to the county treasurer of |
---|
| 4924 | + | 13 Crawford County for appropriation by the county fiscal body after receiving a recommendation |
---|
| 4925 | + | 14 from the county executive. The county fiscal body for the receiving county shall provide for the |
---|
| 4926 | + | 15 distribution of the money received under this clause to one (1) or more taxing units (as defined |
---|
| 4927 | + | 16 in IC 6-1.1-1-21) in the county under a formula established by the county fiscal body after |
---|
| 4928 | + | 17 receiving a recommendation from the county executive. |
---|
| 4929 | + | 18 (F) Six and thirty-five hundredths percent (6.35%) shall be paid to the fiscal officer of the town |
---|
| 4930 | + | 19 of Paoli. |
---|
| 4931 | + | 20 (G) Six and thirty-five hundredths percent (6.35%) shall be paid to the fiscal officer of the town |
---|
| 4932 | + | 21 of Orleans. |
---|
| 4933 | + | 22 (H) Twenty-six and four-tenths percent (26.4%) shall be paid to the Indiana economic |
---|
| 4934 | + | 23 development corporation established by IC 5-28-3-1 for transfer as follows: |
---|
| 4935 | + | 24 (i) Beginning after December 31, 2017, ten percent (10%) of the amount transferred under this |
---|
| 4936 | + | 25 clause in each calendar year shall be transferred to the South Central Indiana Regional |
---|
| 4937 | + | 26 Economic Development Corporation or a successor entity or partnership for economic |
---|
| 4938 | + | 27 development for the purpose of recruiting new business to Orange County as well as promoting |
---|
| 4939 | + | 28 the retention and expansion of existing businesses in Orange County. |
---|
| 4940 | + | 29 (ii) The remainder of the amount transferred under this clause in each calendar year shall be |
---|
| 4941 | + | 30 transferred to Radius Indiana or a successor regional entity or partnership for the development |
---|
| 4942 | + | 31 and implementation of a regional economic development strategy to assist the residents of |
---|
| 4943 | + | 32 Orange County and the counties contiguous to Orange County in improving their quality of life |
---|
| 4944 | + | 33 and to help promote successful and sustainable communities. |
---|
| 4945 | + | 34 To the extent possible, the Indiana economic development corporation shall provide for the |
---|
| 4946 | + | 35 transfer under item (i) to be made in four (4) equal installments. However, an amount sufficient |
---|
| 4947 | + | 36 to meet current obligations to retire or refinance indebtedness or leases for which tax revenues |
---|
| 4948 | + | 37 under this section were pledged before January 1, 2015, by the Orange County development |
---|
| 4949 | + | 38 commission shall be paid to the Orange County development commission before making |
---|
| 4950 | + | 39 distributions to the South Central Indiana Regional Economic Development Corporation and |
---|
| 4951 | + | 40 Radius Indiana or their successor entities or partnerships. The amount paid to the Orange County |
---|
| 4952 | + | 41 development commission shall proportionally reduce the amount payable to the South Central |
---|
| 4953 | + | 42 Indiana Regional Economic Development Corporation and Radius Indiana or their successor |
---|
| 4954 | + | 43 entities or partnerships. |
---|
| 4955 | + | 44 (c) This subsection does not apply to tax revenue remitted by an inland casino operating in Vigo |
---|
| 4956 | + | 45County. For each city and county receiving money under subsection (a)(2), the auditor of state shall |
---|
| 4957 | + | 46determine the total amount of money paid by the auditor of state to the city or county during the state |
---|
| 4958 | + | 47fiscal year 2002. The amount determined is the base year revenue for the city or county. The auditor of |
---|
| 4959 | + | 48state shall certify the base year revenue determined under this subsection to the city or county. The total |
---|
| 4960 | + | EH 1001—LS 7401/DI 125 |
---|
| 4961 | + | 93 1amount of money distributed to a city or county under this section during a state fiscal year may not |
---|
| 4962 | + | 2exceed the entity's base year revenue. For each state fiscal year, the auditor of state shall pay that part of |
---|
| 4963 | + | 3the riverboat wagering taxes that: |
---|
| 4964 | + | 4 (1) exceeds a particular city's or county's base year revenue; and |
---|
| 4965 | + | 5 (2) would otherwise be due to the city or county under this section; |
---|
| 4966 | + | 6to the state general fund instead of to the city or county. |
---|
| 4967 | + | 7 (d) Except as provided in subsections (k) and (l), before August 15 of each year, the auditor of state |
---|
| 4968 | + | 8shall distribute the wagering taxes set aside for revenue sharing under subsection (a)(1) to the county |
---|
| 4969 | + | 9treasurer of each county that does not have a riverboat according to the ratio that the county's population |
---|
| 4970 | + | 10bears to the total population of the counties that do not have a riverboat. Except as provided in subsection |
---|
| 4971 | + | 11(g), the county auditor shall distribute the money received by the county under this subsection as follows: |
---|
| 4972 | + | 12 (1) To each city located in the county according to the ratio the city's population bears to the total |
---|
| 4973 | + | 13 population of the county. |
---|
| 4974 | + | 14 (2) To each town located in the county according to the ratio the town's population bears to the total |
---|
| 4975 | + | 15 population of the county. |
---|
| 4976 | + | 16 (3) After the distributions required in subdivisions (1) and (2) are made, the remainder shall be |
---|
| 4977 | + | 17 retained by the county. |
---|
| 4978 | + | 18 (e) Money received by a city, town, or county under subsection (d) or (g) may be used for any of the |
---|
| 4979 | + | 19following purposes: |
---|
| 4980 | + | 20 (1) To reduce the property tax levy of the city, town, or county for a particular year (a property tax |
---|
| 4981 | + | 21 reduction under this subdivision does not reduce the maximum levy of the city, town, or county |
---|
| 4982 | + | 22 under IC 6-1.1-18.5). |
---|
| 4983 | + | 23 (2) For deposit in a special fund or allocation fund created under IC 8-22-3.5, IC 36-7-14, |
---|
| 4984 | + | 24 IC 36-7-14.5, IC 36-7-15.1, and IC 36-7-30 to provide funding for debt repayment. |
---|
| 4985 | + | 25 (3) To fund sewer and water projects, including storm water management projects. |
---|
| 4986 | + | 26 (4) For police and fire pensions. |
---|
| 4987 | + | 27 (5) To carry out any governmental purpose for which the money is appropriated by the fiscal body |
---|
| 4988 | + | 28 of the city, town, or county. Money used under this subdivision does not reduce the property tax levy |
---|
| 4989 | + | 29 of the city, town, or county for a particular year or reduce the maximum levy of the city, town, or |
---|
| 4990 | + | 30 county under IC 6-1.1-18.5. |
---|
| 4991 | + | 31 (f) This subsection does not apply to an inland casino operating in Vigo County. Before July 15 of each |
---|
| 4992 | + | 32year, the auditor of state shall determine the total amount of money distributed to an entity under |
---|
| 4993 | + | 33IC 4-33-12-6 or IC 4-33-12-8 during the preceding state fiscal year. If the auditor of state determines that |
---|
| 4994 | + | 34the total amount of money distributed to an entity under IC 4-33-12-6 or IC 4-33-12-8 during the |
---|
| 4995 | + | 35preceding state fiscal year was less than the entity's base year revenue (as determined under |
---|
| 4996 | + | 36IC 4-33-12-9), the auditor of state shall make a supplemental distribution to the entity from taxes collected |
---|
| 4997 | + | 37under this chapter and deposited into the state general fund. Except as provided in subsection (h), the |
---|
| 4998 | + | 38amount of an entity's supplemental distribution is equal to: |
---|
| 4999 | + | 39 (1) the entity's base year revenue (as determined under IC 4-33-12-9); minus |
---|
| 5000 | + | 40 (2) the sum of: |
---|
| 5001 | + | 41 (A) the total amount of money distributed to the entity and constructively received by the entity |
---|
| 5002 | + | 42 during the preceding state fiscal year under IC 4-33-12-6 or IC 4-33-12-8; plus |
---|
| 5003 | + | 43 (B) the amount of any admissions taxes deducted under IC 6-3.1-20-7. |
---|
| 5004 | + | 44 (g) This subsection applies only to Marion County. The county auditor shall distribute the money |
---|
| 5005 | + | 45received by the county under subsection (d) as follows: |
---|
| 5006 | + | 46 (1) To each city, other than the consolidated city, located in the county according to the ratio that |
---|
| 5007 | + | 47 the city's population bears to the total population of the county. |
---|
| 5008 | + | 48 (2) To each town located in the county according to the ratio that the town's population bears to the |
---|
| 5009 | + | EH 1001—LS 7401/DI 125 |
---|
| 5010 | + | 94 1 total population of the county. |
---|
| 5011 | + | 2 (3) After the distributions required in subdivisions (1) and (2) are made, the remainder shall be paid |
---|
| 5012 | + | 3 in equal amounts to the consolidated city and the county. |
---|
| 5013 | + | 4 (h) This subsection does not apply to an inland casino operating in Vigo County. This subsection |
---|
| 5014 | + | 5applies to a supplemental distribution made after June 30, 2017. The maximum amount of money that |
---|
| 5015 | + | 6may be distributed under subsection (f) in a state fiscal year is equal to the following: |
---|
| 5016 | + | 7 (1) Before July 1, 2021, forty-eight million dollars ($48,000,000). |
---|
| 5017 | + | 8 (2) After June 30, 2021, if the total adjusted gross receipts received by licensees from gambling |
---|
| 5018 | + | 9 games authorized under this article during the preceding state fiscal year is equal to or greater than |
---|
| 5019 | + | 10 the total adjusted gross receipts received by licensees from gambling games authorized under this |
---|
| 5020 | + | 11 article during the state fiscal year ending June 30, 2020, the maximum amount is forty-eight million |
---|
| 5021 | + | 12 dollars ($48,000,000). |
---|
| 5022 | + | 13 (3) After June 30, 2021, if the total adjusted gross receipts received by licensees from gambling |
---|
| 5023 | + | 14 games authorized under this article during the preceding state fiscal year is less than the total |
---|
| 5024 | + | 15 adjusted gross receipts received by licensees from gambling games authorized under this article |
---|
| 5025 | + | 16 during the state fiscal year ending June 30, 2020, the maximum amount is equal to the result of: |
---|
| 5026 | + | 17 (A) forty-eight million dollars ($48,000,000); multiplied by |
---|
| 5027 | + | 18 (B) the result of: |
---|
| 5028 | + | 19 (i) the total adjusted gross receipts received by licensees from gambling games authorized |
---|
| 5029 | + | 20 under this article during the preceding state fiscal year; divided by |
---|
| 5030 | + | 21 (ii) the total adjusted gross receipts received by licensees from gambling games authorized |
---|
| 5031 | + | 22 under this article during the state fiscal year ending June 30, 2020. |
---|
| 5032 | + | 23If the total amount determined under subsection (f) exceeds the maximum amount determined under this |
---|
| 5033 | + | 24subsection, the amount distributed to an entity under subsection (f) must be reduced according to the ratio |
---|
| 5034 | + | 25that the amount distributed to the entity under IC 4-33-12-6 or IC 4-33-12-8 bears to the total amount |
---|
| 5035 | + | 26distributed under IC 4-33-12-6 and IC 4-33-12-8 to all entities receiving a supplemental distribution. |
---|
| 5036 | + | 27 (i) This subsection applies to a supplemental distribution, if any, payable to Lake County, Hammond, |
---|
| 5037 | + | 28Gary, or East Chicago under subsections (f) and (h). Beginning in July 2016, the auditor of state shall, |
---|
| 5038 | + | 29after making any deductions from the supplemental distribution required by IC 6-3.1-20-7, deduct from |
---|
| 5039 | + | 30the remainder of the supplemental distribution otherwise payable to the unit under this section the lesser |
---|
| 5040 | + | 31of: |
---|
| 5041 | + | 32 (1) the remaining amount of the supplemental distribution; or |
---|
| 5042 | + | 33 (2) the difference, if any, between: |
---|
| 5043 | + | 34 (A) three million five hundred thousand dollars ($3,500,000); minus |
---|
| 5044 | + | 35 (B) the amount of admissions taxes constructively received by the unit in the previous state fiscal |
---|
| 5045 | + | 36 year. |
---|
| 5046 | + | 37The auditor of state shall distribute the amounts deducted under this subsection to the northwest Indiana |
---|
| 5047 | + | 38redevelopment authority established under IC 36-7.5-2-1 for deposit in the development authority revenue |
---|
| 5048 | + | 39fund established under IC 36-7.5-4-1. |
---|
| 5049 | + | 40 (j) Money distributed to a political subdivision under subsection (b): |
---|
| 5050 | + | 41 (1) must be paid to the fiscal officer of the political subdivision and may be deposited in the political |
---|
| 5051 | + | 42 subdivision's general fund (in the case of a school corporation, the school corporation may deposit |
---|
| 5052 | + | 43 the money into either the education fund (IC 20-40-2) or the operations fund (IC 20-40-18)) or |
---|
| 5053 | + | 44 riverboat fund established under IC 36-1-8-9, or both; |
---|
| 5054 | + | 45 (2) may not be used to reduce the maximum levy under IC 6-1.1-18.5 of a county, city, or town or |
---|
| 5055 | + | 46 the maximum tax rate of a school corporation, but, except as provided in subsection (b)(3)(B), may |
---|
| 5056 | + | 47 be used at the discretion of the political subdivision to reduce the property tax levy of the county, |
---|
| 5057 | + | 48 city, or town for a particular year; |
---|
| 5058 | + | EH 1001—LS 7401/DI 125 |
---|
| 5059 | + | 95 1 (3) except as provided in subsection (b)(3)(B), may be used for any legal or corporate purpose of the |
---|
| 5060 | + | 2 political subdivision, including the pledge of money to bonds, leases, or other obligations under |
---|
| 5061 | + | 3 IC 5-1-14-4; and |
---|
| 5062 | + | 4 (4) is considered miscellaneous revenue. |
---|
| 5063 | + | 5Money distributed under subsection (b)(3)(B) must be used for the purposes specified in subsection |
---|
| 5064 | + | 6(b)(3)(B). |
---|
| 5065 | + | 7 (k) After June 30, 2020, the amount of wagering taxes that would otherwise be distributed to South |
---|
| 5066 | + | 8Bend under subsection (d) shall be deposited as being received from all riverboats whose supplemental |
---|
| 5067 | + | 9wagering tax, as calculated under IC 4-33-12-1.5(b), is over three and five-tenths percent (3.5%). The |
---|
| 5068 | + | 10amount deposited under this subsection, in each riverboat's account, is proportionate to the supplemental |
---|
| 5069 | + | 11wagering tax received from that riverboat under IC 4-33-12-1.5 in the month of July. The amount |
---|
| 5070 | + | 12deposited under this subsection must be distributed in the same manner as the supplemental wagering tax |
---|
| 5071 | + | 13collected under IC 4-33-12-1.5. This subsection expires June 30, 2021. |
---|
| 5072 | + | 14 (l) After June 30, 2021, the amount of wagering taxes that would otherwise be distributed to South |
---|
| 5073 | + | 15Bend under subsection (d) shall be withheld and deposited in the state general fund. |
---|
| 5074 | + | 16 SECTION 52. IC 5-10-8-7.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ |
---|
| 5075 | + | 17AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7.4. The state personnel department shall, when |
---|
| 5076 | + | 18contracting for the self-insurance program under section 7(b) of this chapter or prepaid health care |
---|
| 5077 | + | 19delivery under section 7(c) of this chapter, require the use of value based coverage as part of the |
---|
| 5078 | + | 20contract. |
---|
| 5079 | + | 21 SECTION 53. IC 5-10-8-8.5, AS AMENDED BY P.L.92-2021, SECTION 4, IS AMENDED TO |
---|
| 5080 | + | 22READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 8.5. (a) The retiree health benefit trust fund |
---|
| 5081 | + | 23is established to provide funding for a retiree health benefit plan developed under IC 5-10-8.5. |
---|
| 5082 | + | 24 (b) The trust fund shall be administered by the INPRS. The expenses of administering the trust fund |
---|
| 5083 | + | 25shall be paid from money in the trust fund. The trust fund consists of cigarette tax revenues deposited in |
---|
| 5084 | + | 26the fund under IC 6-7-1-28.1(7) IC 6-7-1-28.1(6) and other appropriations, revenues, or transfers to the |
---|
| 5085 | + | 27trust fund under IC 4-12-1. |
---|
| 5086 | + | 28 (c) The INPRS shall invest the money in the trust fund not currently needed to meet the obligations |
---|
| 5087 | + | 29of the trust fund in the same manner and with the same limitations described in IC 5-10.5-4-1 and |
---|
| 5088 | + | 30IC 5-10.5-5-1. |
---|
| 5089 | + | 31 (d) The trust fund is considered a trust fund for purposes of IC 4-9.1-1-7. Money may not be |
---|
| 5090 | + | 32transferred, assigned, or otherwise removed from the trust fund by the state board of finance, the budget |
---|
| 5091 | + | 33agency, or any other state agency. |
---|
| 5092 | + | 34 (e) The trust fund shall be established and administered in a manner that complies with Internal |
---|
| 5093 | + | 35Revenue Code requirements concerning health reimbursement arrangement (HRA) trusts. Contributions |
---|
| 5094 | + | 36by the state to the trust fund are irrevocable. All assets held in the trust fund must be held for the exclusive |
---|
| 5095 | + | 37benefit of participants of the retiree health benefit plan developed under IC 5-10-8.5 and their |
---|
| 5096 | + | 38beneficiaries. All assets in the trust fund: |
---|
| 5097 | + | 39 (1) are dedicated exclusively to providing benefits to participants of the plan and their beneficiaries |
---|
| 5098 | + | 40 according to the terms of the plan; and |
---|
| 5099 | + | 41 (2) are exempt from levy, sale, garnishment, attachment, or other legal process. |
---|
| 5100 | + | 42 (f) Money in the trust fund does not revert to the state general fund at the end of any state fiscal year. |
---|
| 5101 | + | 43 (g) The money in the trust fund is appropriated to the INPRS for providing the retiree health benefit |
---|
| 5102 | + | 44plan developed under IC 5-10-8.5. |
---|
| 5103 | + | 45 (h) The budget agency may transfer appropriations from federal or dedicated funds to the retiree health |
---|
| 5104 | + | 46benefit trust fund. |
---|
| 5105 | + | 47 SECTION 54. IC 5-10-9.8-3 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 3. If the amount of |
---|
| 5106 | + | 48money available in the fund during a state fiscal year is insufficient to pay death benefit claims under the |
---|
| 5107 | + | EH 1001—LS 7401/DI 125 |
---|
| 5108 | + | 96 1statutes specified in section 2(a) of this chapter, there is annually appropriated to the board from the state |
---|
| 5109 | + | 2general fund an amount equal to the deficiency for its purpose in administering the fund. |
---|
| 5110 | + | 3 SECTION 55. IC 5-10.2-4-8.2, AS AMENDED BY P.L.27-2019, SECTION 3, IS AMENDED TO |
---|
| 5111 | + | 4READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 8.2. (a) Notwithstanding section 8 of this |
---|
| 5112 | + | 5chapter, if a member who is receiving retirement benefits is elected or appointed to an elected position |
---|
| 5113 | + | 6covered by this article, the member shall file a written, irrevocable election with the board to continue or |
---|
| 5114 | + | 7discontinue retirement benefits while the member holds the elected position. |
---|
| 5115 | + | 8 (b) If a member: |
---|
| 5116 | + | 9 (1) is elected or appointed to an elected position and: |
---|
| 5117 | + | 10 (A) becomes at least fifty-five (55) years of age; and |
---|
| 5118 | + | 11 (B) completes at least twenty (20) years of service; or |
---|
| 5119 | + | 12 (2) is serving in any other position covered by this article and: |
---|
| 5120 | + | 13 (A) becomes: |
---|
| 5121 | + | 14 (i) before July 1, 2023, at least seventy (70) years of age; and |
---|
| 5122 | + | 15 (ii) after June 30, 2023, at least sixty-five (65) years of age; and |
---|
| 5123 | + | 16 (B) completes at least twenty (20) years of service; |
---|
| 5124 | + | 17while holding the position, the member may file a written, irrevocable election to begin receiving, while |
---|
| 5125 | + | 18holding the position, retirement benefits to which the member would be entitled by age and service. A |
---|
| 5126 | + | 19member who does not make the irrevocable election while holding the position continues to accrue |
---|
| 5127 | + | 20service credit for any period from the date the member qualifies to make the election under this subsection |
---|
| 5128 | + | 21to the date on which the member files a retirement application or the date on which the member ceases |
---|
| 5129 | + | 22to hold the position, whichever occurs first. |
---|
| 5130 | + | 23 (c) The form and content of an election shall be prescribed by the board. If the member elects to |
---|
| 5131 | + | 24discontinue receiving retirement benefits, the member shall make contributions as required in |
---|
| 5132 | + | 25IC 5-10.2-3-2. If the member elects to continue or begin receiving benefits: |
---|
| 5133 | + | 26 (1) the member may continue to make contributions under IC 5-10.2-3-2 but is not required to do |
---|
| 5134 | + | 27 so; and |
---|
| 5135 | + | 28 (2) the member waives the accrual of service credit and the right to any supplemental benefit from |
---|
| 5136 | + | 29 service in the position, except to the extent that the value of the accrual of additional service credit |
---|
| 5137 | + | 30 and any supplemental benefit exceeds the actuarial value of the benefits received under this chapter |
---|
| 5138 | + | 31 and that were continued or begun pursuant to an election under this section. |
---|
| 5139 | + | 32 (d) Except to the extent of the liability for any additional benefit accrued under subsection (c)(2), the |
---|
| 5140 | + | 33employer shall make the employer's contribution only for past service liability based on the salary for the |
---|
| 5141 | + | 34position of a member who elects under subsection (a) or (b) to continue or begin receiving retirement |
---|
| 5142 | + | 35benefits. |
---|
| 5143 | + | 36 (e) Section 10 of this chapter applies to a member who elects under subsection (a) to discontinue |
---|
| 5144 | + | 37receiving retirement benefits. Section 10 of this chapter does not apply, while the member holds a position |
---|
| 5145 | + | 38covered by this article, to a member who elects under subsection (a) or (b) to continue or begin receiving |
---|
| 5146 | + | 39retirement benefits. |
---|
| 5147 | + | 40 SECTION 56. IC 5-10.3-11-1, AS AMENDED BY P.L.23-2011, SECTION 20, IS AMENDED TO |
---|
| 5148 | + | 41READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. There is created within the public |
---|
| 5149 | + | 42employees' retirement fund a separate account known as the pension relief fund. This fund is administered |
---|
| 5150 | + | 43by the board of trustees of the Indiana public retirement system, referred to as the "state board" in this |
---|
| 5151 | + | 44chapter. The pension relief fund consists of revenues received under IC 6-7-1-28.1(4), IC 6-7-1-28.1(3), |
---|
| 5152 | + | 45IC 7.1-4-12-1, any appropriations to the fund, and earnings on these revenues. |
---|
| 5153 | + | 46 SECTION 57. IC 5-11-4-3, AS AMENDED BY P.L.165-2021, SECTION 62, IS AMENDED TO |
---|
| 5154 | + | 47READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) The expense of examination and |
---|
| 5155 | + | EH 1001—LS 7401/DI 125 |
---|
| 5156 | + | 97 1investigation of accounts shall be paid by each municipality or entity as provided in this chapter. |
---|
| 5157 | + | 2 (b) The state examiner shall not certify more often than monthly to the auditor of each county the |
---|
| 5158 | + | 3amount chargeable to each taxing unit within the county for the expense of its examinations as provided |
---|
| 5159 | + | 4in this chapter. Immediately upon receipt of the certified statement, the county auditor shall issue a |
---|
| 5160 | + | 5warrant on the county treasurer payable to the treasurer of state out of the general fund of the county for |
---|
| 5161 | + | 6the amount stated in the certificate. The county auditor shall reimburse the county general fund, except |
---|
| 5162 | + | 7for the expense of examination and investigation of county offices, out of the money due the taxing units |
---|
| 5163 | + | 8at the next semiannual settlement of the collection of taxes. |
---|
| 5164 | + | 9 (c) If the county to which a claim is made is not in possession or has not collected the funds due or to |
---|
| 5165 | + | 10be due to any examined municipality, then the certificate must be filed with and the warrant shall be |
---|
| 5166 | + | 11drawn by the officer of the municipality having authority to draw warrants upon its funds. The |
---|
| 5167 | + | 12municipality shall pay the warrant immediately to the treasurer of state. The money, when received by the |
---|
| 5168 | + | 13treasurer of state, shall be deposited in the examinations fund created by subsection (g). (h). |
---|
| 5169 | + | 14 (d) Except as otherwise provided in this chapter, each: |
---|
| 5170 | + | 15 (1) taxing unit; and |
---|
| 5171 | + | 16 (2) soil and water conservation district; |
---|
| 5172 | + | 17shall be charged at the rate of one hundred seventy-five dollars ($175) per day an amount equal to fifty |
---|
| 5173 | + | 18percent (50%) of the actual direct and indirect cost of performing an examination for each field |
---|
| 5174 | + | 19examiner, private examiner, expert, or employee of the state board of accounts who is engaged in making |
---|
| 5175 | + | 20examinations or investigations carried out under this article, but not to exceed four hundred dollars |
---|
| 5176 | + | 21($400) per day. Audited entities described in subdivisions (1) and (2) shall be charged the actual direct |
---|
| 5177 | + | 22and indirect allowable cost under 2 CFR 200.425 of performing the audit. Except as provided in |
---|
| 5178 | + | 23subsection (h), (i), all other audited entities shall be charged the actual direct and indirect cost of |
---|
| 5179 | + | 24performing the examination or investigation. |
---|
| 5180 | + | 25 (e) The audit committee shall annually review the amounts charged under subsection (d) to |
---|
| 5181 | + | 26ensure that the cost of performing an audit does not exceed an amount equal to eighty percent |
---|
| 5182 | + | 27(80%) of the market rate cost. The state board of accounts shall provide an annual report to the |
---|
| 5183 | + | 28audit committee comparing the state board of accounts' rates to the prevailing market rates to |
---|
| 5184 | + | 29assist in the audit committee's review. |
---|
| 5185 | + | 30 (e) (f) The state examiner shall certify, as necessary, to the proper disbursing officer the total amount |
---|
| 5186 | + | 31of expense incurred for the examination of: |
---|
| 5187 | + | 32 (1) any unit of state government or entity that is required by law to bear the costs of its own |
---|
| 5188 | + | 33 examination and operating expense; or |
---|
| 5189 | + | 34 (2) any utility owned or operated by any municipality or any department of the municipality, if the |
---|
| 5190 | + | 35 utility is operated from revenues or receipts other than taxation. |
---|
| 5191 | + | 36Upon receipt of the state examiner's certificate the unit of state government, entity, or utility shall |
---|
| 5192 | + | 37immediately pay to the treasurer of state the amount charged. The money, when received by the treasurer |
---|
| 5193 | + | 38of state, shall be deposited in the examinations fund created by subsection (g). (h). |
---|
| 5194 | + | 39 (f) (g) In addition to other charges provided in this chapter, the state examiner may charge a reasonable |
---|
| 5195 | + | 40fee for technology and processing costs related to completing reports of examination and processing |
---|
| 5196 | + | 41reports of examination in the same manner as other charges are made under this chapter. The fees shall |
---|
| 5197 | + | 42be deposited in the examinations fund created by subsection (g). (h). |
---|
| 5198 | + | 43 (g) (h) There is created a dedicated fund known as the examinations fund in the hands of the state |
---|
| 5199 | + | 44examiner to be used by the state examiner for the payment of the expense of examinations under this |
---|
| 5200 | + | 45article. All fees charged for examinations under this article shall be deposited into the examinations fund. |
---|
| 5201 | + | 46Money remaining in the fund at the end of the state fiscal year does not revert to the state general fund. |
---|
| 5202 | + | 47 (h) (i) A municipality that contracts for services with a volunteer fire department may pay the cost of |
---|
| 5203 | + | EH 1001—LS 7401/DI 125 |
---|
| 5204 | + | 98 1an examination or investigation of the volunteer fire department under this chapter. |
---|
| 5205 | + | 2 (i) (j) An audit of a county shall include, but not be limited to, an audit of that county's soil and water |
---|
| 5206 | + | 3conservation district established under IC 14-32. |
---|
| 5207 | + | 4 SECTION 58. IC 5-13-12-11, AS AMENDED BY P.L.4-2005, SECTION 27, IS AMENDED TO |
---|
| 5208 | + | 5READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. (a) In addition to the authority given the |
---|
| 5209 | + | 6board for depositories in section 7 of this chapter, the board may lend, from that part of the insurance fund |
---|
| 5210 | + | 7reserved for economic development, to any commuter transportation district that is established under |
---|
| 5211 | + | 8IC 8-5-15 an amount not to exceed two million six hundred thousand dollars ($2,600,000). |
---|
| 5212 | + | 9 (b) The board of trustees of a district that receives a loan under this section shall do the following: |
---|
| 5213 | + | 10 (1) Use the loan proceeds only for paying or reimbursing the following costs and expenses of the |
---|
| 5214 | + | 11 district: |
---|
| 5215 | + | 12 (A) Property and casualty insurance premiums. |
---|
| 5216 | + | 13 (B) Trackage lease payments. |
---|
| 5217 | + | 14 (C) Traction power expenses. |
---|
| 5218 | + | 15 (D) Conducting a study of commuter transportation within the district under P.L.48-1986. |
---|
| 5219 | + | 16 (E) Any expenses incurred by the district in the ordinary course of providing commuter rail |
---|
| 5220 | + | 17 service. |
---|
| 5221 | + | 18 (2) Develop a financial plan for commuter rail service within the district for each year during the |
---|
| 5222 | + | 19 loan period. The financial plan must contain the elements prescribed in, and be subject to review and |
---|
| 5223 | + | 20 approval under, subsection (c). |
---|
| 5224 | + | 21 (3) Repay the loan in eight (8) annual installments on dates determined by the board for depositories, |
---|
| 5225 | + | 22 subject to the following conditions: |
---|
| 5226 | + | 23 (A) The first payment must be made on July 1, 1988. |
---|
| 5227 | + | 24 (B) Each annual payment must equal one-eighth (1/8) of the principal of the loan plus interest |
---|
| 5228 | + | 25 at a rate determined by the board for depositories. The rate of interest must not be: |
---|
| 5229 | + | 26 (i) lower than the lowest interest rate set by the state board of finance for a loan under |
---|
| 5230 | + | 27 IC 4-4-8-8 (transferred to IC 5-28-9-15) before April 1, 1986; or |
---|
| 5231 | + | 28 (ii) greater than the average yield on investments made by the board in January, February, and |
---|
| 5232 | + | 29 March of 1986. |
---|
| 5233 | + | 30 (4) As required by subsection (d), report annually to the board for depositories on compliance with |
---|
| 5234 | + | 31 the financial plan developed under subsection (c). |
---|
| 5235 | + | 32 (5) Notwithstanding subdivision (3), pledge to repay the balance of the loan plus interest at a time |
---|
| 5236 | + | 33 and in a manner specified by the board for depositories whenever the board for depositories |
---|
| 5237 | + | 34 determines that one (1) of the following has occurred: |
---|
| 5238 | + | 35 (A) The board of trustees of the district has failed to develop a financial plan that substantially |
---|
| 5239 | + | 36 complies with subsection (c). |
---|
| 5240 | + | 37 (B) There has not been substantial compliance with a financial plan. |
---|
| 5241 | + | 38 (C) The board of trustees of the district has failed to make a payment on the date established |
---|
| 5242 | + | 39 under subdivision (3). |
---|
| 5243 | + | 40 If repayment is required under this subdivision, the treasurer of state shall transfer the amount |
---|
| 5244 | + | 41 necessary to the insurance fund from the allocation to the district from the public mass transportation |
---|
| 5245 | + | 42 fund state general fund for the remainder of the state fiscal year in which the repayment is required. |
---|
| 5246 | + | 43 If the amount transferred from the allocation is insufficient, the balance shall be transferred from the |
---|
| 5247 | + | 44 commuter rail service fund until the repayment is complete. |
---|
| 5248 | + | 45 (c) Before December 1 of each year, the board of trustees of a district receiving a loan under this |
---|
| 5249 | + | 46section shall submit to the board for depositories, the Indiana department of transportation, and the budget |
---|
| 5250 | + | 47committee a financial plan for the following calendar year. The plan must provide for an annual operating |
---|
| 5251 | + | EH 1001—LS 7401/DI 125 |
---|
| 5252 | + | 99 1budget under which expenses do not exceed revenues from all sources. The financial plan may identify |
---|
| 5253 | + | 2supplemental revenue sources from within the district that will be dedicated during the year to commuter |
---|
| 5254 | + | 3rail service in the district. Within sixty (60) days after the plan is submitted, the board for depositories |
---|
| 5255 | + | 4shall determine if the financial plan complies with this subsection. In making its determination, the board |
---|
| 5256 | + | 5for depositories shall consider the recommendations of the budget committee, which shall base its |
---|
| 5257 | + | 6recommendations on the department of transportation's evaluation of the financial plan. |
---|
| 5258 | + | 7 (d) Before April 1 of the second calendar year after a loan under this section is made and before April |
---|
| 5259 | + | 81 of each year thereafter, the board of trustees of a district receiving a loan shall submit to the board for |
---|
| 5260 | + | 9depositories, the Indiana department of transportation, and the budget committee a report covering the |
---|
| 5261 | + | 10preceding calendar year. The report must summarize the district's compliance with the financial plan |
---|
| 5262 | + | 11submitted under subsection (c) and must contain other information as the board for depositories may |
---|
| 5263 | + | 12require. Before July 1 of that year, the board for depositories shall determine if the district has |
---|
| 5264 | + | 13substantially complied with the financial plan. In making its determination, the board for depositories |
---|
| 5265 | + | 14shall consider the recommendations of the budget committee, which shall base its recommendations on |
---|
| 5266 | + | 15the Indiana department of transportation's evaluation of the report. |
---|
| 5267 | + | 16 (e) After January 1, 1988, the board for depositories and the board of trustees of a district receiving |
---|
| 5268 | + | 17a loan under this section may agree to an early repayment of the loan. If an early repayment is agreed to, |
---|
| 5269 | + | 18the board for depositories may guarantee a loan obtained by the board of trustees under conditions |
---|
| 5270 | + | 19established by the board for depositories. These conditions may include the requirement that the district |
---|
| 5271 | + | 20pledge to repay from its allocations from the public mass transportation fund state general fund and the |
---|
| 5272 | + | 21commuter rail fund service any loss sustained by the insurance fund as a result of the guarantee. |
---|
| 5273 | + | 22 SECTION 59. IC 5-28-5-6, AS ADDED BY P.L.4-2005, SECTION 34, IS AMENDED TO READ AS |
---|
| 5274 | + | 23FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. The board shall may establish an advisory committee |
---|
| 5275 | + | 24to advise the board and the corporation on issues determined by the board. The advisory committee must: |
---|
| 5276 | + | 25may: |
---|
| 5277 | + | 26 (1) have members that represent diverse geographic areas and economic sectors of Indiana; and |
---|
| 5278 | + | 27 (2) include members or representatives of local economic development organizations. |
---|
| 5279 | + | 28 SECTION 60. IC 5-28-6-9, AS ADDED BY P.L.135-2022, SECTION 3, IS AMENDED TO READ |
---|
| 5280 | + | 29AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 9. (a) Subject to subsection (c), the aggregate amount |
---|
| 5281 | + | 30of applicable tax credits that the corporation may award certify for a state fiscal year for all taxpayers is |
---|
| 5282 | + | 31three hundred million dollars ($300,000,000). two hundred fifty million dollars ($250,000,000). |
---|
| 5283 | + | 32 (b) For purposes of determining the amount of applicable tax credits that have been awarded certified |
---|
| 5284 | + | 33for a state fiscal year, the following apply: |
---|
| 5285 | + | 34 (1) An applicable tax credit is considered awarded in the state fiscal year in which the taxpayer can |
---|
| 5286 | + | 35 first claim the credit, determined without regard to any carryforward period or carryback period. |
---|
| 5287 | + | 36 (2) An applicable tax credit awarded by the corporation before July 1, 2022, shall be counted toward |
---|
| 5288 | + | 37 the aggregate credit limitation under this section. |
---|
| 5289 | + | 38 (3) If an accelerated credit is awarded under IC 6-3.1-26-15, the amount counted toward the |
---|
| 5290 | + | 39 aggregate credit limitation under this section for a state fiscal year shall be the amount of the credit |
---|
| 5291 | + | 40 for the taxable year described in subdivision (1) prior to any discount. |
---|
| 5292 | + | 41 (c) Notwithstanding subsection (a), if the corporation determines that: |
---|
| 5293 | + | 42 (1) an applicable tax credit should be certified in a state fiscal year; and |
---|
| 5294 | + | 43 (2) certification of the applicable tax credit will result in an aggregate amount of applicable |
---|
| 5295 | + | 44 tax credits certified for that state fiscal year that exceeds the maximum amount provided in |
---|
| 5296 | + | 45 subsection (a); |
---|
| 5297 | + | 46the corporation may, after review by the budget committee, certify the applicable tax credit to the |
---|
| 5298 | + | 47taxpayer. |
---|
| 5299 | + | 48 SECTION 61. IC 5-28-8-5, AS ADDED BY P.L.4-2005, SECTION 34, IS AMENDED TO READ AS |
---|
| 5300 | + | EH 1001—LS 7401/DI 125 |
---|
| 5301 | + | 100 1FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) The economic development fund is established |
---|
| 5302 | + | 2within the state treasury. The fund is a revolving fund to provide grants and loans for economic |
---|
| 5303 | + | 3development activities in Indiana for the purposes of this chapter. |
---|
| 5304 | + | 4 (b) The fund consists of appropriations from the general assembly and loan repayments. |
---|
| 5305 | + | 5 (c) The corporation shall administer the fund. The following may be paid from money in the fund: |
---|
| 5306 | + | 6 (1) Expenses of administering the fund. |
---|
| 5307 | + | 7 (2) Nonrecurring administrative expenses incurred to carry out the purposes of this chapter. |
---|
| 5308 | + | 8 (d) Earnings from loans made under this chapter shall be deposited in the fund. |
---|
| 5309 | + | 9 (e) The money in the fund at the end of a state fiscal year does not revert to the state general fund but |
---|
| 5310 | + | 10remains in the fund. |
---|
| 5311 | + | 11 (f) Money in the fund is continuously appropriated for the purposes of this chapter. |
---|
| 5312 | + | 12 SECTION 62. IC 5-28-41-18 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
| 5313 | + | 13READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 18. This chapter expires June 30, 2026. |
---|
| 5314 | + | 14 SECTION 63. IC 5-28-43 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ |
---|
| 5315 | + | 15AS FOLLOWS [EFFECTIVE UPON PASSAGE]: |
---|
| 5316 | + | 16 Chapter 43. Collaborative Communities Program |
---|
| 5317 | + | 17 Sec. 1. This chapter applies beginning July 1, 2023. |
---|
| 5318 | + | 18 Sec. 2. As used in this chapter, "collaborative communities program" refers to the collaborative |
---|
| 5319 | + | 19communities program under this chapter. |
---|
| 5320 | + | 20 Sec. 3. As used in this chapter, "collaborative communities strategy" refers to: |
---|
| 5321 | + | 21 (1) a development plan prepared by a development authority under IC 36-7.5-3-4, |
---|
| 5322 | + | 22 IC 36-7.6-3-5, or IC 36-7.7-3-4; and |
---|
| 5323 | + | 23 (2) a multi-year comprehensive strategic plan developed by an eligible collaborative |
---|
| 5324 | + | 24 community organization. |
---|
| 5325 | + | 25 Sec. 4. As used in this chapter, "development authority" includes: |
---|
| 5326 | + | 26 (1) the northwest Indiana regional development authority established by IC 36-7.5-2-1; |
---|
| 5327 | + | 27 (2) a regional development authority established under IC 36-7.6-2-3; |
---|
| 5328 | + | 28 (3) a regional development authority established under IC 36-7.7-3-1; |
---|
| 5329 | + | 29 (4) the northeast Indiana strategic development commission established by IC 36-7-39-3; and |
---|
| 5330 | + | 30 (5) any other regional development authority established. |
---|
| 5331 | + | 31 Sec. 5. As used in this chapter, "eligible collaborative community organization" means: |
---|
| 5332 | + | 32 (1) a development authority; and |
---|
| 5333 | + | 33 (2) a qualified nonprofit organization. |
---|
| 5334 | + | 34 Sec. 6. As used in this chapter, "fund" refers to the collaborative communities fund established |
---|
| 5335 | + | 35by section 8 of this chapter. |
---|
| 5336 | + | 36 Sec. 7. As used in this chapter, "qualified nonprofit organization" means a private, nonprofit |
---|
| 5337 | + | 37entity formed as a partnership between local units (as defined in IC 4-4-32.2-9), private sector |
---|
| 5338 | + | 38businesses, or community or philanthropic organizations to develop and implement a regional |
---|
| 5339 | + | 39economic acceleration and development strategy that has an organizational structure that conforms |
---|
| 5340 | + | 40with the requirements of a policy developed by the corporation under section 17 of this chapter. |
---|
| 5341 | + | 41 Sec. 8. The collaborative communities fund is established within the state treasury to do the |
---|
| 5342 | + | 42following: |
---|
| 5343 | + | 43 (1) Support the corporation's collaborative communities program. |
---|
| 5344 | + | 44 (2) Provide grants or loans to support proposals for collaborative communities program |
---|
| 5345 | + | 45 projects. |
---|
| 5346 | + | 46 (3) Attract and retain residents with postsecondary professional credentials that are in high |
---|
| 5347 | + | 47 demand by regional employers, as well as individuals with postsecondary degrees in science, |
---|
| 5348 | + | 48 technology, engineering, or math. |
---|
| 5349 | + | EH 1001—LS 7401/DI 125 |
---|
| 5350 | + | 101 1 (4) Incentivize collaboration between K-12 school systems, institutions of higher education, and |
---|
| 5351 | + | 2 industry in the region. |
---|
| 5352 | + | 3 (5) Dedicate funding to launch new regional and collaborative marketing campaigns that |
---|
| 5353 | + | 4 target young professionals. |
---|
| 5354 | + | 5 (6) Increase the availability of affordable child care facilities to benefit current and prospective |
---|
| 5355 | + | 6 workforce needs. |
---|
| 5356 | + | 7 Sec. 9. The fund consists of: |
---|
| 5357 | + | 8 (1) appropriations from the general assembly; |
---|
| 5358 | + | 9 (2) grants, gifts, and donations intended for deposit in the fund; |
---|
| 5359 | + | 10 (3) interest deposited into the fund under section 11 of this chapter; and |
---|
| 5360 | + | 11 (4) loan repayments. |
---|
| 5361 | + | 12 Sec. 10. The corporation shall administer the fund. The following may be paid from money in |
---|
| 5362 | + | 13the fund: |
---|
| 5363 | + | 14 (1) Expenses of administering the fund. |
---|
| 5364 | + | 15 (2) Administrative expenses incurred to carry out the purposes of this chapter. |
---|
| 5365 | + | 16 Sec. 11. The treasurer of state shall invest the money in the fund not currently needed to meet |
---|
| 5366 | + | 17the obligations of the fund in the same manner as other public funds may be invested. Interest that |
---|
| 5367 | + | 18accrues from these investments shall be deposited in the state general fund. Interest from loans |
---|
| 5368 | + | 19made under this chapter shall be deposited in the fund. |
---|
| 5369 | + | 20 Sec. 12. (a) Money in the fund at the end of a state fiscal year does not revert to the state general |
---|
| 5370 | + | 21fund. |
---|
| 5371 | + | 22 (b) Money in the fund is continuously appropriated for the purposes of this chapter. |
---|
| 5372 | + | 23 Sec. 13. The board has the following powers: |
---|
| 5373 | + | 24 (1) To accept, analyze, approve, and deny applications under this chapter. |
---|
| 5374 | + | 25 (2) To do the following: |
---|
| 5375 | + | 26 (A) Provide assistance to applicants that wish to apply for a grant or loan from the fund. |
---|
| 5376 | + | 27 (B) Analyze proposals. |
---|
| 5377 | + | 28 (C) Work with experts engaged by the board. |
---|
| 5378 | + | 29 (D) Prepare reports and recommendations for the board. |
---|
| 5379 | + | 30 Sec. 14. (a) The board may form a strategic review committee to review applications that are |
---|
| 5380 | + | 31submitted under this chapter. |
---|
| 5381 | + | 32 (b) The board may invite employees of state agencies and outside experts to: |
---|
| 5382 | + | 33 (1) sit on the strategic review committee; or |
---|
| 5383 | + | 34 (2) present analysis or opinions about any aspect of an application under review. |
---|
| 5384 | + | 35An employee of a state agency who sits on the strategic review committee or otherwise participates |
---|
| 5385 | + | 36in the review of an application may not receive compensation for the employee's service on the |
---|
| 5386 | + | 37strategic review committee or participation with the strategic review committee. |
---|
| 5387 | + | 38 Sec. 15. (a) The board shall consider the following when reviewing applications for a grant or |
---|
| 5388 | + | 39loan from the fund: |
---|
| 5389 | + | 40 (1) Recommendations from the board's strategic review committee described in section 14 of |
---|
| 5390 | + | 41 this chapter. |
---|
| 5391 | + | 42 (2) Which projects have the greatest economic development potential. |
---|
| 5392 | + | 43 (3) Which applications focus on rural areas of Indiana. |
---|
| 5393 | + | 44 (4) The degree of regional collaboration. |
---|
| 5394 | + | 45 (5) The application's alignment with the state's economic development priorities. |
---|
| 5395 | + | 46 (6) Any other criteria as determined by the board. |
---|
| 5396 | + | 47 (b) The board shall make final funding determinations for applications for a grant or loan from |
---|
| 5397 | + | 48the fund. |
---|
| 5398 | + | EH 1001—LS 7401/DI 125 |
---|
| 5399 | + | 102 1 (c) The board may not approve an application for a grant or loan from the fund unless the board |
---|
| 5400 | + | 2finds that approving the application will have an overall positive return on investment for the state. |
---|
| 5401 | + | 3 Sec. 16. (a) An eligible collaborative community organization may submit an application to the |
---|
| 5402 | + | 4corporation for a grant or loan from the fund. |
---|
| 5403 | + | 5 (b) An application for a grant or loan from the fund must be made on an application form |
---|
| 5404 | + | 6prescribed by the board. |
---|
| 5405 | + | 7 (c) An applicant shall provide all information required by this chapter. |
---|
| 5406 | + | 8 (d) All applications for a grant or loan from the fund must include a collaborative communities |
---|
| 5407 | + | 9strategy that complies with the requirements of a policy established under section 17 of this chapter |
---|
| 5408 | + | 10and contain at least the following: |
---|
| 5409 | + | 11 (1) A multi-year strategic plan and timeline. |
---|
| 5410 | + | 12 (2) A detailed financial analysis that includes the commitment of resources and a return on |
---|
| 5411 | + | 13 investment analysis. |
---|
| 5412 | + | 14 (3) A demonstration of the expected impact of the grant or loan on the region and state. |
---|
| 5413 | + | 15 (4) Any other information the board considers appropriate. |
---|
| 5414 | + | 16 (e) An applicant for a grant or loan from the fund may request that information that may be |
---|
| 5415 | + | 17excepted from disclosure under IC 5-14-3 that is submitted by the applicant be kept confidential. |
---|
| 5416 | + | 18 Sec. 17. (a) Before implementation, the corporation shall develop a policy that establishes the |
---|
| 5417 | + | 19framework for a collaborative communities program. |
---|
| 5418 | + | 20 (b) The policy developed by the corporation shall include detailed information outlining: |
---|
| 5419 | + | 21 (1) the entities that are eligible to submit applications for a grant or loan from the fund; |
---|
| 5420 | + | 22 (2) the elements of a collaborative communities strategy, and the information a collaborative |
---|
| 5421 | + | 23 communities strategy must contain in order to implement the strategy eligible for a grant or |
---|
| 5422 | + | 24 loan from the fund; |
---|
| 5423 | + | 25 (3) the types of projects that are eligible for financial support from the fund as described in |
---|
| 5424 | + | 26 section 8 of this chapter; and |
---|
| 5425 | + | 27 (4) the criteria that will be used by a strategic review committee and the board to analyze |
---|
| 5426 | + | 28 applications for a grant or loan from the fund. |
---|
| 5427 | + | 29 (c) The collaborative communities program, fund, and policy framework may only be used by |
---|
| 5428 | + | 30eligible collaborative community organizations for projects described in section 8 of this chapter. |
---|
| 5429 | + | 31The policy must: |
---|
| 5430 | + | 32 (1) provide for a required funding match; |
---|
| 5431 | + | 33 (2) provide for awards to eligible collaborative community organizations at a higher amount |
---|
| 5432 | + | 34 for regional development authorities than for a qualified nonprofit organization; and |
---|
| 5433 | + | 35 (3) provide a period of time to allow a county to change a regional development authority |
---|
| 5434 | + | 36 boundary before implementing the policy. |
---|
| 5435 | + | 37 (d) The policy developed by the corporation must be approved by the board after review by the |
---|
| 5436 | + | 38budget committee. |
---|
| 5437 | + | 39 Sec. 18. This chapter expires July 1, 2026. |
---|
| 5438 | + | 40 SECTION 64. IC 6-3.1-34-18, AS AMENDED BY P.L.135-2022, SECTION 17, IS AMENDED TO |
---|
| 5439 | + | 41READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 18. (a) Except as provided in subsection (b), |
---|
| 5440 | + | 42if the corporation awards a tax credit to a taxpayer under this chapter that exceeds twenty million dollars |
---|
| 5441 | + | 43($20,000,000), the corporation shall include in an agreement entered into under section 17 of this chapter |
---|
| 5442 | + | 44a provision that requires the taxpayer to repay to the corporation the portion of the credit that exceeds |
---|
| 5443 | + | 45twenty million dollars ($20,000,000) with interest. Notwithstanding the date on which a tax credit is |
---|
| 5444 | + | 46awarded under this chapter, any repayment of any part of a credit awarded under this chapter shall |
---|
| 5445 | + | 47be deposited in the state general fund. |
---|
| 5446 | + | 48 (b) Notwithstanding subsection (a), the corporation may exclude from its agreement entered into under |
---|
| 5447 | + | EH 1001—LS 7401/DI 125 |
---|
| 5448 | + | 103 1section 17 of this chapter a repayment provision for any portion of the credit if the award is for a qualified |
---|
| 5449 | + | 2redevelopment site subject to a proposal that will result in a qualified investment of at least one hundred |
---|
| 5450 | + | 3million dollars ($100,000,000). |
---|
| 5451 | + | 4 (c) If the corporation enters into an agreement with a taxpayer under section 17 of this chapter that |
---|
| 5452 | + | 5includes a repayment provision under subsection (a), the corporation shall include in the repayment |
---|
| 5453 | + | 6provision a provision establishing the interest rate that will be applied. The interest rate shall be |
---|
| 5454 | + | 7determined by the board and approved by the budget agency. |
---|
| 5455 | + | 8 (d) This subsection applies to an active multi-phased project occurring on a defined footprint for which |
---|
| 5456 | + | 9the taxpayer has received approval for at least the first phase of the active multi-phased project from the |
---|
| 5457 | + | 10corporation's board before July 1, 2018, for a tax credit under IC 6-3.1-11 (industrial recovery tax credit) |
---|
| 5458 | + | 11before its expiration. The following apply to a project described in this subsection: |
---|
| 5459 | + | 12 (1) Only qualified investments that are made after June 30, 2021, are eligible for a credit award |
---|
| 5460 | + | 13 under this chapter. |
---|
| 5461 | + | 14 (2) The annual amount of credits awarded under this chapter for the project may not exceed five |
---|
| 5462 | + | 15 million dollars ($5,000,000). |
---|
| 5463 | + | 16 (3) The corporation may not include a repayment provision as part of an agreement entered into |
---|
| 5464 | + | 17 under section 17 of this chapter for the credits awarded for the project. |
---|
| 5465 | + | 18 (e) The part of any credit that is subject to a repayment provision under this section must be |
---|
| 5466 | + | 19included in the calculation of the aggregate amount of applicable tax credits that the corporation |
---|
| 5467 | + | 20may certify for a state fiscal year under IC 5-28-6-9. |
---|
| 5468 | + | 21 SECTION 65. IC 6-3.1-39.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO |
---|
| 5469 | + | 22READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2024]: |
---|
| 5470 | + | 23 Chapter 39.5. Employer Child Care Expenditure Credits |
---|
| 5471 | + | 24 Sec. 1. As used in this chapter, "Indiana qualified child care facility" means a facility that is: |
---|
| 5472 | + | 25 (1) a qualified child care facility (as defined in Section 45F of the Internal Revenue Code); |
---|
| 5473 | + | 26 (2) located in Indiana; |
---|
| 5474 | + | 27 (3) licensed by the division of family resources under IC 12-17.2; and |
---|
| 5475 | + | 28 (4) operated: |
---|
| 5476 | + | 29 (A) by a taxpayer; |
---|
| 5477 | + | 30 (B) by a taxpayer jointly with one (1) or more other individuals or entities; or |
---|
| 5478 | + | 31 (C) under a contract described in Section 45F(c)(1)(A)(iii) of the Internal Revenue Code |
---|
| 5479 | + | 32 with the taxpayer. |
---|
| 5480 | + | 33 Sec. 2. As used in this chapter, "pass through entity" means: |
---|
| 5481 | + | 34 (1) a corporation that is exempt from the adjusted gross income tax under IC 6-3-2-2.8(2); |
---|
| 5482 | + | 35 (2) a partnership; |
---|
| 5483 | + | 36 (3) a trust; |
---|
| 5484 | + | 37 (4) an estate; |
---|
| 5485 | + | 38 (5) a limited liability company; or |
---|
| 5486 | + | 39 (6) a limited liability partnership. |
---|
| 5487 | + | 40 Sec. 3. As used in this chapter, "qualified child care expenditure" means an expenditure: |
---|
| 5488 | + | 41 (1) for the acquisition, construction, rehabilitation, or expansion of property used as part of |
---|
| 5489 | + | 42 an Indiana qualified child care facility of a taxpayer that is operated for the taxpayer's |
---|
| 5490 | + | 43 employees; |
---|
| 5491 | + | 44 (2) incurred under a contract between a taxpayer and an Indiana qualified child care facility |
---|
| 5492 | + | 45 to provide for the acquisition, construction, rehabilitation, or expansion of property used as |
---|
| 5493 | + | 46 part of the Indiana qualified child care facility; or |
---|
| 5494 | + | 47 (3) for purposes of complying with the qualified child care facility licensure requirements |
---|
| 5495 | + | 48 under IC 12-17.2, as part of the taxpayer acquiring or constructing an Indiana qualified child |
---|
| 5496 | + | EH 1001—LS 7401/DI 125 |
---|
| 5497 | + | 104 1 care facility. |
---|
| 5498 | + | 2 Sec. 4. As used in this chapter, "qualified expenditure" means a qualified child care expenditure. |
---|
| 5499 | + | 3 Sec. 5. As used in this chapter, "recapture event" means: |
---|
| 5500 | + | 4 (1) the cessation of the operation of the Indiana qualified child care facility as an Indiana |
---|
| 5501 | + | 5 qualified child care facility; |
---|
| 5502 | + | 6 (2) subject to section 12(c) of this chapter, a change in ownership of an Indiana qualified child |
---|
| 5503 | + | 7 care facility for which a credit was allowed under this chapter, unless the person acquiring an |
---|
| 5504 | + | 8 interest agrees to assume the recapture liability of the person disposing of an interest; or |
---|
| 5505 | + | 9 (3) the use of an Indiana qualified child care facility for the enrollment of a child from any |
---|
| 5506 | + | 10 individual who is not an employee of the taxpayer. |
---|
| 5507 | + | 11The term does not include a cessation of operation or change in ownership due to accident or |
---|
| 5508 | + | 12casualty. |
---|
| 5509 | + | 13 Sec. 6. As used in this chapter, "state tax liability" means the taxpayer's total tax liability that |
---|
| 5510 | + | 14is incurred under: |
---|
| 5511 | + | 15 (1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax); |
---|
| 5512 | + | 16 (2) IC 27-1-18-2 (the insurance premiums tax) or IC 6-8-15 (the nonprofit agricultural |
---|
| 5513 | + | 17 organization health coverage tax); and |
---|
| 5514 | + | 18 (3) IC 6-5.5 (the financial institutions tax); |
---|
| 5515 | + | 19as computed after the application of the credits that, under IC 6-3.1-1-2, are to be applied before |
---|
| 5516 | + | 20the credit provided by this chapter. |
---|
| 5517 | + | 21 Sec. 7. As used in this chapter, "taxpayer" means any person, corporation, limited liability |
---|
| 5518 | + | 22company, partnership, or other entity that has any state tax liability and employs one hundred (100) |
---|
| 5519 | + | 23individuals or less. The term includes a pass through entity. However, the term does not include a |
---|
| 5520 | + | 24taxpayer who is in the business of operating a child care facility prior to making qualified |
---|
| 5521 | + | 25expenditures. |
---|
| 5522 | + | 26 Sec. 8. (a) A taxpayer that makes a qualified expenditure in a taxable year is entitled to a credit |
---|
| 5523 | + | 27against the taxpayer's state tax liability for the taxable year. |
---|
| 5524 | + | 28 (b) Subject to section 9 of this chapter, the maximum amount of the credit to which a taxpayer |
---|
| 5525 | + | 29is entitled in a particular taxable year is equal to the lesser of: |
---|
| 5526 | + | 30 (1) fifty percent (50%) of the employer's qualified expenditures in the taxable year; or |
---|
| 5527 | + | 31 (2) one hundred thousand dollars ($100,000). |
---|
| 5528 | + | 32 Sec. 9. If a pass through entity is entitled to a credit under this chapter but does not have state |
---|
| 5529 | + | 33tax liability against which the tax credit may be applied, an individual who is a shareholder, |
---|
| 5530 | + | 34partner, beneficiary, or member of the pass through entity is entitled to a tax credit equal to: |
---|
| 5531 | + | 35 (1) the tax credit determined for the pass through entity for the taxable year; multiplied by |
---|
| 5532 | + | 36 (2) the percentage of the pass through entity's distributive income to which the shareholder, |
---|
| 5533 | + | 37 partner, beneficiary, or member is entitled. |
---|
| 5534 | + | 38The credit provided under this section is in addition to a tax credit to which a shareholder, partner, |
---|
| 5535 | + | 39beneficiary, or member of a pass through entity is entitled. However, a pass through entity and an |
---|
| 5536 | + | 40individual who is a shareholder, partner, beneficiary, or member of a pass through entity may not |
---|
| 5537 | + | 41claim more than one (1) credit. |
---|
| 5538 | + | 42 Sec. 10. (a) If the amount of the credit determined under section 8(b) of this chapter for a |
---|
| 5539 | + | 43taxpayer in a taxable year exceeds the taxpayer's state tax liability for that taxable year, the |
---|
| 5540 | + | 44taxpayer may carry the excess credit over for a period not to exceed the eligible taxpayer's |
---|
| 5541 | + | 45following three (3) taxable years. The amount of the credit carryover from a taxable year shall be |
---|
| 5542 | + | 46reduced to the extent that the carryover is used by the taxpayer to obtain a credit under this |
---|
| 5543 | + | 47chapter for any subsequent taxable year. A taxpayer is not entitled to a carryback or a refund of |
---|
| 5544 | + | 48any unused credit amount. |
---|
| 5545 | + | EH 1001—LS 7401/DI 125 |
---|
| 5546 | + | 105 1 (b) A taxpayer may not assign any part of a credit to which the taxpayer is entitled under this |
---|
| 5547 | + | 2chapter. |
---|
| 5548 | + | 3 Sec. 11. To obtain a credit under this chapter, a taxpayer must claim the credit on the taxpayer's |
---|
| 5549 | + | 4annual state tax return in the manner prescribed by the department. The taxpayer shall submit to |
---|
| 5550 | + | 5the department all information that the department determines is necessary to calculate the credit |
---|
| 5551 | + | 6provided by this chapter. |
---|
| 5552 | + | 7 Sec. 12. (a) If a recapture event occurs with respect to an Indiana qualified child care facility |
---|
| 5553 | + | 8within five (5) years after the end of the taxable year in which a credit was allowed, the taxpayer |
---|
| 5554 | + | 9is responsible for payment to the department of a recapture amount. The recapture amount is equal |
---|
| 5555 | + | 10to the following: |
---|
| 5556 | + | 11 (1) One hundred percent (100%) of the credit after the end of the first taxable year in which |
---|
| 5557 | + | 12 the credit was allowed. |
---|
| 5558 | + | 13 (2) Eighty percent (80%) of the credit after the end of the second taxable year in which the |
---|
| 5559 | + | 14 credit was allowed. |
---|
| 5560 | + | 15 (3) Sixty percent (60%) of the credit after the end of the third taxable year in which the credit |
---|
| 5561 | + | 16 was allowed. |
---|
| 5562 | + | 17 (4) Forty percent (40%) of the credit after the end of the fourth taxable year in which the |
---|
| 5563 | + | 18 credit was allowed. |
---|
| 5564 | + | 19 (5) Twenty percent (20%) of the credit after the end of the fifth taxable year in which the |
---|
| 5565 | + | 20 credit was allowed. |
---|
| 5566 | + | 21 (b) Any recapture tax liability must be reported by the taxpayer on the taxpayer's annual state |
---|
| 5567 | + | 22income tax return for the taxable year during which the use was converted. |
---|
| 5568 | + | 23 (c) A recapture event is not considered to have occurred as a result of a change in ownership of |
---|
| 5569 | + | 24an Indiana qualified child care facility for which a credit was allowed under this chapter if, before |
---|
| 5570 | + | 25the change in ownership transaction is completed, the person acquiring an interest in the facility |
---|
| 5571 | + | 26agrees in writing to assume the liability of the taxpayer for any recapture amount that becomes |
---|
| 5572 | + | 27owed. In the event of such an assumption, the person acquiring the interest in the facility shall be |
---|
| 5573 | + | 28treated as the taxpayer for purposes of assessing any recapture liability that becomes owed due to |
---|
| 5574 | + | 29a subsequent recapture event, computed as if there had been no change in ownership, and is |
---|
| 5575 | + | 30responsible for payment to the department of the recapture amount. |
---|
| 5576 | + | 31 Sec. 13. A taxpayer that claims a credit under this chapter is not liable for any act or omission |
---|
| 5577 | + | 32occurring at an Indiana qualified child care facility that contracts with the taxpayer to provide |
---|
| 5578 | + | 33child care services to employees of the taxpayer if the Indiana qualified child care facility is not |
---|
| 5579 | + | 34owned or operated by the taxpayer. |
---|
| 5580 | + | 35 Sec. 14. (a) The maximum aggregate amount of tax credits allowed under this chapter may not |
---|
| 5581 | + | 36exceed two million five hundred thousand dollars ($2,500,000) in each state fiscal year. |
---|
| 5582 | + | 37 (b) The department shall record the time of filing of each return claiming a tax credit under this |
---|
| 5583 | + | 38chapter and shall approve the tax credits, if they otherwise qualify for a tax credit under this |
---|
| 5584 | + | 39chapter, in the chronological order in which the returns are filed in the state fiscal year. |
---|
| 5585 | + | 40 Sec. 15. This chapter expires July 1, 2025. |
---|
| 5586 | + | 41 SECTION 66. IC 6-6-1.1-201, AS AMENDED BY P.L.159-2021, SECTION 30, IS AMENDED TO |
---|
| 5587 | + | 42READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 201. (a) A license tax is imposed on the use |
---|
| 5588 | + | 43of all gasoline used in Indiana at the applicable rate specified in subsection (b), except as otherwise |
---|
| 5589 | + | 44provided by this chapter. The distributor shall initially pay the tax on the billed gallonage of all gasoline |
---|
| 5590 | + | 45the distributor receives in this state, less any deductions authorized by this chapter. The distributor shall |
---|
| 5591 | + | 46then add the per gallon amount of tax to the selling price of each gallon of gasoline sold in this state and |
---|
| 5592 | + | 47collected from the purchaser so that the ultimate consumer bears the burden of the tax. |
---|
| 5593 | + | 48 (b) The license tax described in subsection (a) is imposed at the following applicable rate per gallon: |
---|
| 5594 | + | EH 1001—LS 7401/DI 125 |
---|
| 5595 | + | 106 1 (1) Before July 1, 2017, eighteen cents ($0.18). |
---|
| 5596 | + | 2 (2) For July 1, 2017, through June 30, 2018, the lesser of: |
---|
| 5597 | + | 3 (A) the rate resulting from using the factors determined under IC 6-6-1.6-2; or |
---|
| 5598 | + | 4 (B) twenty-eight cents ($0.28). |
---|
| 5599 | + | 5 (3) Beginning July 1, 2018, and each July 1 through July 1, 2024, 2025, the department shall |
---|
| 5600 | + | 6 determine an applicable rate equal to the product of: |
---|
| 5601 | + | 7 (A) the rate in effect on June 30; multiplied by |
---|
| 5602 | + | 8 (B) the factor determined under IC 6-6-1.6-3. |
---|
| 5603 | + | 9The rate shall be rounded to the nearest cent ($0.01). After June 30, 2018, the new applicable rate may |
---|
| 5604 | + | 10not exceed the rate in effect on June 30 plus one cent ($0.01). However, the new rate may not be less than |
---|
| 5605 | + | 11the rate in effect on June 30. If the calculation of a new rate would produce a rate that is less than the rate |
---|
| 5606 | + | 12in effect on June 30, the new rate shall be the rate in effect on June 30. The department shall publish the |
---|
| 5607 | + | 13rate that will take effect on July 1 on the department's Internet web site website not later than June 1. |
---|
| 5608 | + | 14 SECTION 67. IC 6-6-1.6-3, AS AMENDED BY P.L.159-2021, SECTION 31, IS AMENDED TO |
---|
| 5609 | + | 15READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) The department shall calculate an annual |
---|
| 5610 | + | 16index factor to be used for the rate to take effect each July 1 beginning in 2018 through July 1, 2024. |
---|
| 5611 | + | 172025. The department shall determine the index factor before June 1 of each year using the method |
---|
| 5612 | + | 18described in subsection (b). |
---|
| 5613 | + | 19 (b) The annual gasoline tax index factor and special fuel index factor equals the following: |
---|
| 5614 | + | 20 STEP ONE: Divide the annual CPI-U for the year preceding the determination year by the annual |
---|
| 5615 | + | 21 CPI-U for the year immediately preceding that year. |
---|
| 5616 | + | 22 STEP TWO: Divide the annual IPI for the year preceding the determination year by the annual IPI |
---|
| 5617 | + | 23 for the year immediately preceding that year. |
---|
| 5618 | + | 24 STEP THREE: Add: |
---|
| 5619 | + | 25 (A) the STEP ONE result; and |
---|
| 5620 | + | 26 (B) the STEP TWO result. |
---|
| 5621 | + | 27 STEP FOUR: Divide the STEP THREE result by two (2). |
---|
| 5622 | + | 28 (c) If the CPI-U or IPI for a preceding year is revised, corrected, or updated after May 31 of that year, |
---|
| 5623 | + | 29the department shall use the CPI-U or IPI as published for the preceding year prior to revision. |
---|
| 5624 | + | 30 SECTION 68. IC 6-6-2.5-28, AS AMENDED BY P.L.159-2021, SECTION 32, IS AMENDED TO |
---|
| 5625 | + | 31READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 28. (a) A license tax is imposed on all special |
---|
| 5626 | + | 32fuel sold or used in producing or generating power for propelling motor vehicles, except fuel used under |
---|
| 5627 | + | 33section 30(a)(8) or 30.5 of this chapter, at the applicable rate specified in subsection (b). The tax shall be |
---|
| 5628 | + | 34paid at those times, in the manner, and by those persons specified in this section and section 35 of this |
---|
| 5629 | + | 35chapter. |
---|
| 5630 | + | 36 (b) The license tax described in subsection (a) is imposed at the following applicable rate per special |
---|
| 5631 | + | 37fuel gallon: |
---|
| 5632 | + | 38 (1) Before July 1, 2017, sixteen cents ($0.16). |
---|
| 5633 | + | 39 (2) For July 1, 2017, through June 30, 2018, the lesser of: |
---|
| 5634 | + | 40 (A) the rate resulting from using the factors determined under IC 6-6-1.6-2; or |
---|
| 5635 | + | 41 (B) twenty-six cents ($0.26). |
---|
| 5636 | + | 42 (3) For July 1, 2018, through June 30, 2019, the product of: |
---|
| 5637 | + | 43 (A) the sum of: |
---|
| 5638 | + | 44 (i) the rate in effect on June 30; and |
---|
| 5639 | + | 45 (ii) twenty-one cents ($0.21); multiplied by |
---|
| 5640 | + | 46 (B) the factor determined under IC 6-6-1.6-3. |
---|
| 5641 | + | 47 (4) Beginning July 1, 2019, and each July 1 through July 1, 2024, 2025, the department shall |
---|
| 5642 | + | EH 1001—LS 7401/DI 125 |
---|
| 5643 | + | 107 1 determine an applicable rate equal to the product of: |
---|
| 5644 | + | 2 (A) the rate in effect on June 30; multiplied by |
---|
| 5645 | + | 3 (B) the factor determined under IC 6-6-1.6-3. |
---|
| 5646 | + | 4The rate shall be rounded to the nearest cent ($0.01). However, after June 30, 2018, and before July 1, |
---|
| 5647 | + | 52019, the new applicable rate may not exceed the rate in effect on June 30 plus twenty-three cents ($0.23). |
---|
| 5648 | + | 6After June 30, 2019, the new applicable rate may not exceed the rate in effect on June 30 plus two cents |
---|
| 5649 | + | 7($0.02). However, the new rate may not be less than the rate in effect on June 30. If the calculation of a |
---|
| 5650 | + | 8new rate would produce a rate that is less than the rate in effect on June 30, the new rate shall be the rate |
---|
| 5651 | + | 9in effect on June 30. The department shall publish the rate that will take effect on July 1 on the |
---|
| 5652 | + | 10department's Internet web site website not later than June 1. |
---|
| 5653 | + | 11 (c) The department shall consider it a rebuttable presumption that all undyed or unmarked special fuel, |
---|
| 5654 | + | 12or both, received in Indiana is to be sold for use in propelling motor vehicles. |
---|
| 5655 | + | 13 (d) Except as provided in subsection (e), the tax imposed on special fuel by subsection (a) shall be |
---|
| 5656 | + | 14measured by invoiced gallons (or diesel or gasoline gallon equivalents in the case of a special fuel |
---|
| 5657 | + | 15described in section 22.5(2) or 22.5(3) of this chapter) of nonexempt special fuel received by a licensed |
---|
| 5658 | + | 16supplier in Indiana for sale or resale in Indiana or with respect to special fuel subject to a tax precollection |
---|
| 5659 | + | 17agreement under section 35(j) of this chapter, such special fuel removed by a licensed supplier from a |
---|
| 5660 | + | 18terminal outside of Indiana for sale for export or for export to Indiana and in any case shall generally be |
---|
| 5661 | + | 19determined in the same manner as the tax imposed by Section 4081 of the Internal Revenue Code and |
---|
| 5662 | + | 20Code of Federal Regulations. |
---|
| 5663 | + | 21 (e) The tax imposed by subsection (a) on special fuel imported into Indiana, other than into a terminal, |
---|
| 5664 | + | 22is imposed at the time the product is entered into Indiana and shall be measured by invoiced gallons |
---|
| 5665 | + | 23received at a terminal or at a bulk plant. |
---|
| 5666 | + | 24 (f) In computing the tax, all special fuel in process of transfer from tank steamers at boat terminal |
---|
| 5667 | + | 25transfers and held in storage pending wholesale bulk distribution by land transportation, or in tanks and |
---|
| 5668 | + | 26equipment used in receiving and storing special fuel from interstate pipelines pending wholesale bulk |
---|
| 5669 | + | 27reshipment, shall not be subject to tax. |
---|
| 5670 | + | 28 (g) The department shall consider it a rebuttable presumption that special fuel consumed in a motor |
---|
| 5671 | + | 29vehicle plated for general highway use is subject to the tax imposed under this chapter. A person claiming |
---|
| 5672 | + | 30exempt use of special fuel in such a vehicle must maintain adequate records as required by the department |
---|
| 5673 | + | 31to document the vehicle's taxable and exempt use. |
---|
| 5674 | + | 32 (h) A person that engages in blending fuel for taxable sale or use in Indiana is primarily liable for the |
---|
| 5675 | + | 33collection and remittance of the tax imposed under subsection (a). The person shall remit the tax due in |
---|
| 5676 | + | 34conjunction with the filing of a monthly report in the form prescribed by the department. |
---|
| 5677 | + | 35 (i) A person that receives special fuel that has been blended for taxable sale or use in Indiana is |
---|
| 5678 | + | 36secondarily liable to the state for the tax imposed under subsection (a). |
---|
| 5679 | + | 37 (j) A person may not use special fuel on an Indiana public highway if the special fuel contains a sulfur |
---|
| 5680 | + | 38content that exceeds five one-hundredths of one percent (0.05%). A person who knowingly: |
---|
| 5681 | + | 39 (1) violates; or |
---|
| 5682 | + | 40 (2) aids or abets another person to violate; |
---|
| 5683 | + | 41this subsection commits a Class A infraction. However, the violation is a Class A misdemeanor if the |
---|
| 5684 | + | 42person has committed one (1) prior unrelated violation of this subsection, and a Level 6 felony if the |
---|
| 5685 | + | 43person has committed more than one (1) unrelated violation of this subsection. |
---|
| 5686 | + | 44 SECTION 69. IC 6-7-1-17, AS AMENDED BY P.L.191-2016, SECTION 6, IS AMENDED TO |
---|
| 5687 | + | 45READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 17. (a) Distributors who hold certificates and |
---|
| 5688 | + | 46retailers shall be agents of the state in the collection of the taxes imposed by this chapter and the amount |
---|
| 5689 | + | 47of the tax levied, assessed, and imposed by this chapter on cigarettes sold, exchanged, bartered, furnished, |
---|
| 5690 | + | EH 1001—LS 7401/DI 125 |
---|
| 5691 | + | 108 1given away, or otherwise disposed of by distributors or to retailers. Distributors who hold certificates shall |
---|
| 5692 | + | 2be agents of the department to affix the required stamps and shall be entitled to purchase the stamps from |
---|
| 5693 | + | 3the department at a discount of one and three-tenths two and one-half cents ($0.013) ($0.025) per |
---|
| 5694 | + | 4individual package of cigarettes as compensation for their labor and expense. |
---|
| 5695 | + | 5 (b) The department may permit distributors who hold certificates and who are admitted to do business |
---|
| 5696 | + | 6in Indiana to pay for revenue stamps within thirty (30) days after the date of purchase. However, the |
---|
| 5697 | + | 7privilege is extended upon the express condition that: |
---|
| 5698 | + | 8 (1) except as provided in subsection (c), a bond or letter of credit satisfactory to the department, in |
---|
| 5699 | + | 9 an amount not less than the sales price of the stamps, is filed with the department; |
---|
| 5700 | + | 10 (2) proof of payment is made of all property taxes, excise taxes, and listed taxes (as defined in |
---|
| 5701 | + | 11 IC 6-8.1-1-1) for which any such distributor may be liable; and |
---|
| 5702 | + | 12 (3) payment for the revenue stamps must be made by electronic funds transfer (as defined in |
---|
| 5703 | + | 13 IC 4-8.1-2-7). |
---|
| 5704 | + | 14The bond or letter of credit, conditioned to secure payment for the stamps, shall be executed by the |
---|
| 5705 | + | 15distributor as principal and by a corporation duly authorized to engage in business as a surety company |
---|
| 5706 | + | 16or financial institution in Indiana. |
---|
| 5707 | + | 17 (c) If a distributor has at least five (5) consecutive years of good credit standing with the state, the |
---|
| 5708 | + | 18distributor shall not be required to post a bond or letter of credit under subsection (b). |
---|
| 5709 | + | 19 SECTION 70. IC 6-7-1-28.1, AS AMENDED BY P.L.213-2015, SECTION 90, IS AMENDED TO |
---|
| 5710 | + | 20READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 28.1. The taxes, registration fees, fines, or |
---|
| 5711 | + | 21penalties collected under this chapter shall be deposited in the following manner: |
---|
| 5712 | + | 22 (1) Four and twenty-two hundredths percent (4.22%) of the money shall be deposited in a fund to |
---|
| 5713 | + | 23 be known as the cigarette tax fund. |
---|
| 5714 | + | 24 (2) Six-tenths percent (0.6%) of the money shall be deposited in a fund to be known as the mental |
---|
| 5715 | + | 25 health centers fund. |
---|
| 5716 | + | 26 (3) (2) The following amount of the money shall be deposited in the state general fund: |
---|
| 5717 | + | 27 (A) After June 30, 2011, and before July 1, 2013, sixty and twenty-four hundredths percent |
---|
| 5718 | + | 28 (60.24%). |
---|
| 5719 | + | 29 (B) After June 30, 2013, and before July 1, 2023, fifty-six and twenty-four hundredths percent |
---|
| 5720 | + | 30 (56.24%). |
---|
| 5721 | + | 31 (C) After June 30, 2023, fifty-six and eighty-four hundredths percent (56.84%). |
---|
| 5722 | + | 32 (4) (3) Five and forty-three hundredths percent (5.43%) of the money shall be deposited into the |
---|
| 5723 | + | 33 pension relief fund established in IC 5-10.3-11. |
---|
| 5724 | + | 34 (5) (4) Twenty-seven and five hundredths percent (27.05%) of the money shall be deposited in the |
---|
| 5725 | + | 35 healthy Indiana plan trust fund established by IC 12-15-44.2-17. |
---|
| 5726 | + | 36 (6) (5) Two and forty-six hundredths percent (2.46%) of the money shall be deposited in the state |
---|
| 5727 | + | 37 general fund for the purpose of paying appropriations for Medicaid—Current Obligations, for |
---|
| 5728 | + | 38 provider reimbursements. |
---|
| 5729 | + | 39 (7) (6) The following amount of the money shall be deposited in the state retiree health benefit trust |
---|
| 5730 | + | 40 fund established by IC 5-10-8-8.5 as follows: |
---|
| 5731 | + | 41 (A) Before July 1, 2011, five and seventy-four hundredths percent (5.74%). |
---|
| 5732 | + | 42 (B) After June 30, 2011, and before July 1, 2013, zero percent (0%). |
---|
| 5733 | + | 43 (C) After June 30, 2013, four percent (4%). |
---|
| 5734 | + | 44The money in the cigarette tax fund, the mental health centers fund, the healthy Indiana plan trust fund, |
---|
| 5735 | + | 45or the pension relief fund at the end of a fiscal year does not revert to the state general fund. However, |
---|
| 5736 | + | 46if in any fiscal year, the amount allocated to a fund under subdivision (1) or (2) is less than the amount |
---|
| 5737 | + | 47received in fiscal year 1977, then that fund shall be credited with the difference between the amount |
---|
| 5738 | + | EH 1001—LS 7401/DI 125 |
---|
| 5739 | + | 109 1allocated and the amount received in fiscal year 1977, and the allocation for the fiscal year to the fund |
---|
| 5740 | + | 2under subdivision (3) (2) shall be reduced by the amount of that difference. Money deposited under |
---|
| 5741 | + | 3subdivisions (6) (5) through (7) (6) may not be used for any purpose other than the purpose stated in the |
---|
| 5742 | + | 4subdivision. |
---|
| 5743 | + | 5 SECTION 71. IC 6-7-1-32.1 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 32.1. (a) The money |
---|
| 5744 | + | 6in the mental health centers fund is annually appropriated to the division of mental health and addiction. |
---|
| 5745 | + | 7 (b) The division may use the money: |
---|
| 5746 | + | 8 (1) to pay the state's share of the cost of acquiring sites for, constructing, remodeling, equipping, or |
---|
| 5747 | + | 9 operating community mental health centers; and |
---|
| 5748 | + | 10 (2) to provide grants for a partial facility if there is a reasonable assurance that the facility will |
---|
| 5749 | + | 11 provide community mental health services within five (5) years after it provides any partial service |
---|
| 5750 | + | 12 to the public. |
---|
| 5751 | + | 13 SECTION 72. IC 7.1-2-2-13, AS AMENDED BY P.L.114-2022, SECTION 12, IS AMENDED TO |
---|
| 5752 | + | 14READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13. (a) The alcohol and tobacco commission |
---|
| 5753 | + | 15shall categorize salaries of enforcement officers within each rank based upon the rank held and the |
---|
| 5754 | + | 16number of years of service in the commission through the twentieth year. The salary ranges that the board |
---|
| 5755 | + | 17assigns to each rank shall be divided into a base salary and twenty (20) fifteen (15) increments above the |
---|
| 5756 | + | 18base salary with: |
---|
| 5757 | + | 19 (1) the base salary in the rank paid to a person with less than one (1) year of service in the |
---|
| 5758 | + | 20 commission; and |
---|
| 5759 | + | 21 (2) the highest salary in the rank paid to a person with at least twenty (20) fifteen (15) years of |
---|
| 5760 | + | 22 service in the commission. |
---|
| 5761 | + | 23 (b) The salary matrix prescribed by this section shall be reviewed and approved by the budget agency |
---|
| 5762 | + | 24biennially in even-numbered years before implementation. |
---|
| 5763 | + | 25 (c) The salary matrix prescribed by this section must have parity with the salary matrix prescribed by |
---|
| 5764 | + | 26the natural resources commission under IC 14-9-8 for conservation officers of the department of natural |
---|
| 5765 | + | 27resources. The budget agency shall approve a salary matrix that meets the parity requirement of this |
---|
| 5766 | + | 28subsection. |
---|
| 5767 | + | 29 SECTION 73. IC 8-23-3-8 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 8. (a) The public mass |
---|
| 5768 | + | 30transportation fund is established for the purpose of promoting and developing public mass transportation |
---|
| 5769 | + | 31in Indiana. The fund shall be administered by the department. |
---|
| 5770 | + | 32 (b) The treasurer of state may invest the money in the fund in the same manner as other public funds |
---|
| 5771 | + | 33may be invested. |
---|
| 5772 | + | 34 (c) Money in the fund at the end of a fiscal year does not revert to the state general fund. |
---|
| 5773 | + | 35 (d) This subsection applies to a calendar year beginning after December 31 of a calendar year in which |
---|
| 5774 | + | 36an eligible county (as defined by IC 8-25-1-4) begins to carry out a public transportation project approved |
---|
| 5775 | + | 37under IC 8-25. The distribution formula established by the department is subject to approval by the budget |
---|
| 5776 | + | 38director to ensure that a public mass transportation system located in a county other than an eligible |
---|
| 5777 | + | 39county is not adversely affected by a public transportation project carried out under IC 8-25. |
---|
| 5778 | + | 40 SECTION 74. IC 8-25-2-11, AS ADDED BY P.L.153-2014, SECTION 17, IS AMENDED TO READ |
---|
| 5779 | + | 41AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. No general tax revenues of the state may be used |
---|
| 5780 | + | 42to pay for a transportation project or service under this article. However, this section does not apply to |
---|
| 5781 | + | 43distributions from the public mass transportation fund (before its repeal). |
---|
| 5782 | + | 44 SECTION 75. IC 9-18.5-23-3, AS AMENDED BY P.L.118-2022, SECTION 15, IS AMENDED TO |
---|
| 5783 | + | 45READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) The fees for a first responder license |
---|
| 5784 | + | 46plate are as follows: |
---|
| 5785 | + | 47 (1) An annual supplemental fee of fifteen dollars ($15) under IC 9-18.5-12-16. |
---|
| 5786 | + | EH 1001—LS 7401/DI 125 |
---|
| 5787 | + | 110 1 (2) An annual fee of not more than twenty-five dollars ($25) as provided in IC 9-18.5-12-14(d)(2) |
---|
| 5788 | + | 2 or IC 9-18.5-12-15(b). |
---|
| 5789 | + | 3 (b) The annual fee referred to in subsection (a)(2) shall be collected by the bureau and deposited in |
---|
| 5790 | + | 4the regional public safety training fund established under IC 10-15-3-1. by IC 10-19-9.1-1. |
---|
| 5791 | + | 5 (c) The bureau shall distribute at least one (1) time each month the money from the fund collected |
---|
| 5792 | + | 6under subsection (b). |
---|
| 5793 | + | 7 SECTION 76. IC 10-11-2-13, AS AMENDED BY P.L.114-2022, SECTION 14, IS AMENDED TO |
---|
| 5794 | + | 8READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13. (a) The board shall categorize salaries of |
---|
| 5795 | + | 9police employees within each rank based upon the rank held and the number of years of service in the |
---|
| 5796 | + | 10department through the twentieth fifteenth year. The salary ranges the board assigns to each rank shall |
---|
| 5797 | + | 11be divided into a base salary and twenty (20) fifteen (15) increments above the base salary, with: |
---|
| 5798 | + | 12 (1) the base salary in the rank paid to a person with less than one (1) year of service in the |
---|
| 5799 | + | 13 department; and |
---|
| 5800 | + | 14 (2) the highest salary in the rank paid to a person with at least twenty (20) fifteen (15) years of |
---|
| 5801 | + | 15 service in the department. |
---|
| 5802 | + | 16 (b) The salary matrix prescribed by this section shall be reviewed and approved by the budget agency |
---|
| 5803 | + | 17biennially in even-numbered years before implementation. |
---|
| 5804 | + | 18 SECTION 77. IC 10-12-3-7, AS AMENDED BY P.L.189-2007, SECTION 1, IS AMENDED TO |
---|
| 5805 | + | 19READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) Benefits provided under this section are |
---|
| 5806 | + | 20subject to IC 10-12-2-3. |
---|
| 5807 | + | 21 (b) The basic monthly pension amount may not exceed by more than twenty dollars ($20) one-half |
---|
| 5808 | + | 22(1/2) the amount of the employee beneficiary's average monthly wage (excluding payments for overtime |
---|
| 5809 | + | 23and determined without regard to any salary reduction agreement established under Section 125 of the |
---|
| 5810 | + | 24Internal Revenue Code) received during the highest paid consecutive twelve (12) months before |
---|
| 5811 | + | 25retirement. Salary that exceeds the monthly wage received by a police employee in the grade of trooper |
---|
| 5812 | + | 26at the beginning of the trooper's sixth fourth year of service may not be considered when the basic |
---|
| 5813 | + | 27pension amount is computed. |
---|
| 5814 | + | 28 (c) An employee beneficiary in the active service of the department who has completed twenty (20) |
---|
| 5815 | + | 29years of service after July 1, 1937, and who continues after July 1, 1937, in the service of the department |
---|
| 5816 | + | 30is entitled to add to the basic monthly pension amount, at retirement, the following: |
---|
| 5817 | + | 31 (1) Two percent (2%) of the basic amount for each of the next two (2) full years of service over |
---|
| 5818 | + | 32 twenty (20) years. |
---|
| 5819 | + | 33 (2) Three percent (3%) of the basic amount for each of the next two (2) full years over twenty-two |
---|
| 5820 | + | 34 (22) years. |
---|
| 5821 | + | 35 (3) Four percent (4%) of the basic amount for each of the next two (2) full years over twenty-four |
---|
| 5822 | + | 36 (24) years. |
---|
| 5823 | + | 37 (4) Five percent (5%) of the basic amount for each of the next two (2) full years over twenty-six (26) |
---|
| 5824 | + | 38 years. |
---|
| 5825 | + | 39 (5) Six percent (6%) of the basic amount for each of the next two (2) full years over twenty-eight |
---|
| 5826 | + | 40 (28) years. |
---|
| 5827 | + | 41 (6) Seven percent (7%) of the basic amount for each of the next two (2) full years over thirty (30) |
---|
| 5828 | + | 42 years. |
---|
| 5829 | + | 43 (7) Eight percent (8%) of the basic amount for each of the next two (2) full years over thirty-two (32) |
---|
| 5830 | + | 44 years. |
---|
| 5831 | + | 45However, the total of the additional amount may not exceed seventy percent (70%) of the basic pension |
---|
| 5832 | + | 46amount. These additional benefits are subject to the compulsory retirement age provided by the pension |
---|
| 5833 | + | 47trust. |
---|
| 5834 | + | EH 1001—LS 7401/DI 125 |
---|
| 5835 | + | 111 1 SECTION 78. IC 10-12-5-3, AS AMENDED BY P.L.5-2008, SECTION 1, IS AMENDED TO READ |
---|
| 5836 | + | 2AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) The pension advisory board that administers the |
---|
| 5837 | + | 3pension under IC 10-12-3 shall direct and supervise the supplemental benefits provided in this chapter. |
---|
| 5838 | + | 4 (b) The pension advisory board shall: |
---|
| 5839 | + | 5 (1) annually provide a schedule showing the number of retirees receiving pension benefits under |
---|
| 5840 | + | 6 IC 10-12-3; and |
---|
| 5841 | + | 7 (2) meet at least one (1) time each year to add to the regular pension benefit or annuity and any |
---|
| 5842 | + | 8 previously granted supplemental benefit the amount described in subsection (c) or (d). |
---|
| 5843 | + | 9 (c) This subsection applies only to a retiree who is eligible for the first time under section 2 of this |
---|
| 5844 | + | 10chapter to receive a supplemental benefit. The supplemental benefit referred to in subsection (b)(2) for |
---|
| 5845 | + | 11a retiree in the first year the retiree is eligible for a supplemental benefit is the sum of: |
---|
| 5846 | + | 12 (1) the difference between: |
---|
| 5847 | + | 13 (A) the retiree's pension benefit; and |
---|
| 5848 | + | 14 (B) the pension benefit: |
---|
| 5849 | + | 15 (i) received by an employee retiring in that year from the department with twenty (20) years |
---|
| 5850 | + | 16 of active service; and |
---|
| 5851 | + | 17 (ii) computed on the day the pension advisory board meets as required under subsection (b)(2); |
---|
| 5852 | + | 18 plus |
---|
| 5853 | + | 19 (2) any amount computed under subsection (d) after the date the retiree reaches fifty-five (55) years |
---|
| 5854 | + | 20 of age. |
---|
| 5855 | + | 21 (d) This subsection applies to a retiree who is eligible under section 2 of this chapter to receive a |
---|
| 5856 | + | 22supplemental benefit, but whose supplemental benefit is not computed under subsection (c). The |
---|
| 5857 | + | 23supplemental benefit referred to in subsection (b)(2) is equal to fifty percent (50%) of the difference |
---|
| 5858 | + | 24between: |
---|
| 5859 | + | 25 (1) the pension benefits to be received by an employee retiring from the department with twenty (20) |
---|
| 5860 | + | 26 years of active service the day after a change in the monthly wage received by a police employee in |
---|
| 5861 | + | 27 the grade of trooper at the beginning of the trooper's sixth fourth year of service; and |
---|
| 5862 | + | 28 (2) the pension benefit received by an employee retiring from the department with twenty (20) years |
---|
| 5863 | + | 29 of active service the day before a change in the monthly wage received by a police employee in the |
---|
| 5864 | + | 30 grade of trooper at the beginning of the trooper's sixth fourth year of service. |
---|
| 5865 | + | 31 SECTION 79. IC 10-15-3-12, AS AMENDED BY P.L.78-2013, SECTION 7, IS AMENDED TO |
---|
| 5866 | + | 32READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 12. (a) The regional public safety training fund |
---|
| 5867 | + | 33is established for the purpose of providing regional and advanced training for public safety service |
---|
| 5868 | + | 34providers, including fire investigation training. The department shall administer the fund. The fund |
---|
| 5869 | + | 35consists of the following: |
---|
| 5870 | + | 36 (1) Public safety fees deposited under IC 22-11-14-12(c)(1). |
---|
| 5871 | + | 37 (2) Money transferred from the statewide arson investigation financial assistance fund under |
---|
| 5872 | + | 38 IC 22-12-6-2(e) (before its expiration). |
---|
| 5873 | + | 39 (3) Money appropriated to the fund by the general assembly. |
---|
| 5874 | + | 40 (4) Donations, gifts, and money received from any other source, including transfers from other funds |
---|
| 5875 | + | 41 or accounts. |
---|
| 5876 | + | 42Money described in subdivision (2) must be used for fire investigation training. |
---|
| 5877 | + | 43 (b) The expenses of administering the fund shall be paid from money in the fund. |
---|
| 5878 | + | 44 (c) The treasurer of state shall invest the money in the fund not currently needed to meet the |
---|
| 5879 | + | 45obligations of the fund in the same manner as other public money may be invested. Interest that accrues |
---|
| 5880 | + | 46from these investments shall be deposited in the fund. |
---|
| 5881 | + | 47 (d) Money in the fund at the end of a state fiscal year does not revert to the state general fund. Any |
---|
| 5882 | + | EH 1001—LS 7401/DI 125 |
---|
| 5883 | + | 112 1amount remaining in the fund at the end of a state fiscal year that has not been encumbered shall be |
---|
| 5884 | + | 2transferred to the fire training infrastructure fund established by IC 22-14-6-2. |
---|
| 5885 | + | 3 SECTION 80. IC 10-19-1-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ |
---|
| 5886 | + | 4AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. "Fund", for purposes of IC 10-19-9.1, refers to |
---|
| 5887 | + | 5the regional public safety training fund established by IC 10-19-9.1-1. |
---|
| 5888 | + | 6 SECTION 81. IC 10-19-9.1 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ |
---|
| 5889 | + | 7AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
| 5890 | + | 8 Chapter 9.1. Regional Public Safety Training Fund |
---|
| 5891 | + | 9 Sec. 1. (a) The regional public safety training fund is established to: |
---|
| 5892 | + | 10 (1) provide regional and advanced training for public safety service providers, including fire |
---|
| 5893 | + | 11 investigation training; |
---|
| 5894 | + | 12 (2) fund the design, procurement, and construction of firefighter training facilities; |
---|
| 5895 | + | 13 (3) provide scholarships for students enrolled in postsecondary courses focused on public |
---|
| 5896 | + | 14 safety; or |
---|
| 5897 | + | 15 (4) purchase equipment to enhance emergency preparedness and response capabilities of: |
---|
| 5898 | + | 16 (A) a public safety agency (as defined in IC 10-10.5-1-5); or |
---|
| 5899 | + | 17 (B) an emergency medical services provider organization certified by the Indiana |
---|
| 5900 | + | 18 emergency medical services commission under rules adopted under IC 16-31-3. |
---|
| 5901 | + | 19 (b) The department shall administer the fund. The expenses of administering the fund shall be |
---|
| 5902 | + | 20paid from money in the fund. |
---|
| 5903 | + | 21 (c) The fund consists of the following: |
---|
| 5904 | + | 22 (1) Money appropriated by the general assembly. |
---|
| 5905 | + | 23 (2) Donations, gifts, and money received from any other source, including transfers from other |
---|
| 5906 | + | 24 funds or accounts. |
---|
| 5907 | + | 25 (3) Money transferred from the fire training infrastructure fund established by IC 22-14-6-2 |
---|
| 5908 | + | 26 (before its repeal). |
---|
| 5909 | + | 27 (d) The treasurer of state shall invest the money in the fund not currently needed to meet the |
---|
| 5910 | + | 28obligations of the fund in the same manner as other public money may be invested. Interest that |
---|
| 5911 | + | 29accrues from the investments shall be deposited in the fund. |
---|
| 5912 | + | 30 (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund. |
---|
| 5913 | + | 31 SECTION 82. IC 10-21-1-2, AS AMENDED BY P.L.139-2022, SECTION 1, IS AMENDED TO |
---|
| 5914 | + | 32READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) The Indiana secured school fund is |
---|
| 5915 | + | 33established to provide: |
---|
| 5916 | + | 34 (1) matching grants to enable school corporations, charter schools, and accredited nonpublic schools |
---|
| 5917 | + | 35 to establish programs under which a school corporation, charter school, or accredited nonpublic |
---|
| 5918 | + | 36 school (or a coalition of schools) may: |
---|
| 5919 | + | 37 (A) employ a school resource officer, employ a law enforcement officer, or enter into a contract |
---|
| 5920 | + | 38 or a memorandum of understanding with a: |
---|
| 5921 | + | 39 (i) local law enforcement agency; |
---|
| 5922 | + | 40 (ii) private entity; or |
---|
| 5923 | + | 41 (iii) nonprofit corporation; |
---|
| 5924 | + | 42 to employ a school resource officer or a law enforcement officer; |
---|
| 5925 | + | 43 (B) conduct a threat assessment of the buildings within a school corporation or the buildings that |
---|
| 5926 | + | 44 are operated by a charter school or accredited nonpublic school; |
---|
| 5927 | + | 45 (C) purchase equipment and technology to: |
---|
| 5928 | + | 46 (i) restrict access to school property; or |
---|
| 5929 | + | 47 (ii) expedite notification of first responders; or |
---|
| 5930 | + | 48 (D) implement a student and parent support services plan as described in section 4(a)(6) of this |
---|
| 5931 | + | EH 1001—LS 7401/DI 125 |
---|
| 5932 | + | 113 1 chapter; and |
---|
| 5933 | + | 2 (2) one (1) time grants to enable school corporations, charter schools, and accredited nonpublic |
---|
| 5934 | + | 3 schools with the sheriff for the county in which the school corporation, charter school, or accredited |
---|
| 5935 | + | 4 nonpublic school is located, to provide the initial set up costs for an active event warning system. |
---|
| 5936 | + | 5 (b) A school corporation or charter school may use money received under a matching grant for a |
---|
| 5937 | + | 6purpose listed in subsection (a) to provide a response to a threat in a manner that the school corporation |
---|
| 5938 | + | 7or charter school sees fit, including firearms training or other self-defense training. |
---|
| 5939 | + | 8 (c) The fund shall be administered by the department of homeland security. |
---|
| 5940 | + | 9 (d) The fund consists of: |
---|
| 5941 | + | 10 (1) appropriations from the general assembly; |
---|
| 5942 | + | 11 (2) grants from the Indiana safe schools fund established by IC 5-2-10.1-2; |
---|
| 5943 | + | 12 (3) federal grants; and |
---|
| 5944 | + | 13 (4) amounts deposited from any other public or private source; and |
---|
| 5945 | + | 14 (5) amounts deposited under IC 33-37-9-4. |
---|
| 5946 | + | 15 (e) The expenses of administering the fund shall be paid from money in the fund. |
---|
| 5947 | + | 16 (f) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations |
---|
| 5948 | + | 17of the fund in the same manner as other public money may be invested. Interest that accrues from these |
---|
| 5949 | + | 18investments shall be deposited in the fund. |
---|
| 5950 | + | 19 (g) Money in the fund at the end of a state fiscal year does not revert to the state general fund. |
---|
| 5951 | + | 20 SECTION 83. IC 11-12-11-2 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 2. As used in this |
---|
| 5952 | + | 21chapter, "minimum allocation amount" refers to the amount of funding that applies to a county under |
---|
| 5953 | + | 22section 6(a) of this chapter. |
---|
| 5954 | + | 23 SECTION 84. IC 11-12-11-3, AS ADDED BY P.L.204-2016, SECTION 29, IS AMENDED TO |
---|
| 5955 | + | 24READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. As used in this chapter, "multiplier" refers |
---|
| 5956 | + | 25to the number that applies to a county under section 6(b) 6 of this chapter. |
---|
| 5957 | + | 26 SECTION 85. IC 11-12-11-6, AS AMENDED BY P.L.104-2022, SECTION 77, IS AMENDED TO |
---|
| 5958 | + | 27READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) The minimum allocation amount under |
---|
| 5959 | + | 28this chapter, which represents the dollar amount each county was entitled to receive under level 3 funding |
---|
| 5960 | + | 29in state fiscal year 1998, is as follows: |
---|
| 5961 | + | 30 Adams County $ 14,000 |
---|
| 5962 | + | 31 Allen County 129,500 |
---|
| 5963 | + | 32 Bartholomew County 35,000 |
---|
| 5964 | + | 33 Benton County 3,500 |
---|
| 5965 | + | 34 Blackford County 14,000 |
---|
| 5966 | + | 35 Boone County 14,000 |
---|
| 5967 | + | 36 Brown County 3,500 |
---|
| 5968 | + | 37 Carroll County 7,000 |
---|
| 5969 | + | 38 Cass County 17,500 |
---|
| 5970 | + | 39 Clark County 49,000 |
---|
| 5971 | + | 40 Clay County 7,000 |
---|
| 5972 | + | 41 Clinton County 17,500 |
---|
| 5973 | + | 42 Crawford County 3,500 |
---|
| 5974 | + | 43 Daviess County 7,000 |
---|
| 5975 | + | 44 Dearborn County 35,000 |
---|
| 5976 | + | 45 Decatur County 24,500 |
---|
| 5977 | + | 46 Dekalb County 24,500 |
---|
| 5978 | + | 47 Delaware County 35,000 |
---|
| 5979 | + | EH 1001—LS 7401/DI 125 |
---|
| 5980 | + | 114 1 Dubois County 45,500 |
---|
| 5981 | + | 2 Elkhart County 52,500 |
---|
| 5982 | + | 3 Fayette County 10,500 |
---|
| 5983 | + | 4 Floyd County 21,000 |
---|
| 5984 | + | 5 Fountain County 7,000 |
---|
| 5985 | + | 6 Franklin County 7,000 |
---|
| 5986 | + | 7 Fulton County 14,000 |
---|
| 5987 | + | 8 Gibson County 24,500 |
---|
| 5988 | + | 9 Grant County 28,000 |
---|
| 5989 | + | 10 Greene County 17,500 |
---|
| 5990 | + | 11 Hamilton County 28,000 |
---|
| 5991 | + | 12 Hancock County 10,500 |
---|
| 5992 | + | 13 Harrison County 24,500 |
---|
| 5993 | + | 14 Hendricks County 24,500 |
---|
| 5994 | + | 15 Henry County 17,500 |
---|
| 5995 | + | 16 Howard County 66,500 |
---|
| 5996 | + | 17 Huntington County 10,500 |
---|
| 5997 | + | 18 Jackson County 45,500 |
---|
| 5998 | + | 19 Jasper County 14,000 |
---|
| 5999 | + | 20 Jay County 7,000 |
---|
| 6000 | + | 21 Jefferson County 21,000 |
---|
| 6001 | + | 22 Jennings County 10,500 |
---|
| 6002 | + | 23 Johnson County 31,500 |
---|
| 6003 | + | 24 Knox County 14,000 |
---|
| 6004 | + | 25 Kosciusko County 42,000 |
---|
| 6005 | + | 26 LaGrange County 7,000 |
---|
| 6006 | + | 27 Lake County 234,500 |
---|
| 6007 | + | 28 LaPorte County 35,000 |
---|
| 6008 | + | 29 Lawrence County 52,500 |
---|
| 6009 | + | 30 Madison County 101,500 |
---|
| 6010 | + | 31 Marion County 294,000 |
---|
| 6011 | + | 32 Marshall County 35,000 |
---|
| 6012 | + | 33 Martin County 3,500 |
---|
| 6013 | + | 34 Miami County 24,500 |
---|
| 6014 | + | 35 Monroe County 35,000 |
---|
| 6015 | + | 36 Montgomery County 24,500 |
---|
| 6016 | + | 37 Morgan County 31,500 |
---|
| 6017 | + | 38 Newton County 7,000 |
---|
| 6018 | + | 39 Noble County 28,000 |
---|
| 6019 | + | 40 Ohio County 3,500 |
---|
| 6020 | + | 41 Orange County 7,000 |
---|
| 6021 | + | 42 Owen County 7,000 |
---|
| 6022 | + | 43 Parke County 7,000 |
---|
| 6023 | + | 44 Perry County 14,000 |
---|
| 6024 | + | 45 Pike County 10,500 |
---|
| 6025 | + | 46 Porter County 42,000 |
---|
| 6026 | + | 47 Posey County 14,000 |
---|
| 6027 | + | 48 Pulaski County 10,500 |
---|
| 6028 | + | EH 1001—LS 7401/DI 125 |
---|
| 6029 | + | 115 1 Putnam County 14,000 |
---|
| 6030 | + | 2 Randolph County 10,500 |
---|
| 6031 | + | 3 Ripley County 17,500 |
---|
| 6032 | + | 4 Rush County 7,000 |
---|
| 6033 | + | 5 St. Joseph County 112,000 |
---|
| 6034 | + | 6 Scott County 31,500 |
---|
| 6035 | + | 7 Shelby County 17,500 |
---|
| 6036 | + | 8 Spencer County 10,500 |
---|
| 6037 | + | 9 Starke County 10,500 |
---|
| 6038 | + | 10 Steuben County 14,000 |
---|
| 6039 | + | 11 Sullivan County 7,000 |
---|
| 6040 | + | 12 Switzerland County 7,000 |
---|
| 6041 | + | 13 Tippecanoe County 56,000 |
---|
| 6042 | + | 14 Tipton County 3,500 |
---|
| 6043 | + | 15 Union County 3,500 |
---|
| 6044 | + | 16 Vanderburgh County 161,000 |
---|
| 6045 | + | 17 Vermillion County 14,000 |
---|
| 6046 | + | 18 Vigo County 42,000 |
---|
| 6047 | + | 19 Wabash County 21,000 |
---|
| 6048 | + | 20 Warren County 7,000 |
---|
| 6049 | + | 21 Warrick County 21,000 |
---|
| 6050 | + | 22 Washington County 31,500 |
---|
| 6051 | + | 23 Wayne County 38,500 |
---|
| 6052 | + | 24 Wells County 10,500 |
---|
| 6053 | + | 25 White County 14,000 |
---|
| 6054 | + | 26 Whitley County 17,500 |
---|
| 6055 | + | 27 (b) The multiplier under this chapter for each county, which represents each county's approximate |
---|
| 6056 | + | 28proportion of the total state population, is as follows: |
---|
| 6057 | + | 29 Adams County .0053 |
---|
| 6058 | + | 30 Allen County .0568 |
---|
| 6059 | + | 31 Bartholomew County .0121 |
---|
| 6060 | + | 32 Benton County .0013 |
---|
| 6061 | + | 33 Blackford County .0018 |
---|
| 6062 | + | 34 Boone County .0104 |
---|
| 6063 | + | 35 Brown County .0023 |
---|
| 6064 | + | 36 Carroll County .0030 |
---|
| 6065 | + | 37 Cass County .0056 |
---|
| 6066 | + | 38 Clark County .0178 |
---|
| 6067 | + | 39 Clay County .0039 |
---|
| 6068 | + | 40 Clinton County .0049 |
---|
| 6069 | + | 41 Crawford County .0016 |
---|
| 6070 | + | 42 Daviess County .0049 |
---|
| 6071 | + | 43 Dearborn County .0075 |
---|
| 6072 | + | 44 Decatur County .0039 |
---|
| 6073 | + | 45 Dekalb County .0064 |
---|
| 6074 | + | 46 Delaware County .0165 |
---|
| 6075 | + | 47 Dubois County .0064 |
---|
| 6076 | + | EH 1001—LS 7401/DI 125 |
---|
| 6077 | + | 116 1 Elkhart County .0310 |
---|
| 6078 | + | 2 Fayette County .0034 |
---|
| 6079 | + | 3 Floyd County .0119 |
---|
| 6080 | + | 4 Fountain County .0024 |
---|
| 6081 | + | 5 Franklin County .0034 |
---|
| 6082 | + | 6 Fulton County .0030 |
---|
| 6083 | + | 7 Gibson County .0049 |
---|
| 6084 | + | 8 Grant County .0098 |
---|
| 6085 | + | 9 Greene County .0045 |
---|
| 6086 | + | 10 Hamilton County .0512 |
---|
| 6087 | + | 11 Hancock County .0118 |
---|
| 6088 | + | 12 Harrison County .0058 |
---|
| 6089 | + | 13 Hendricks County .0258 |
---|
| 6090 | + | 14 Henry County .0072 |
---|
| 6091 | + | 15 Howard County .0123 |
---|
| 6092 | + | 16 Huntington County .0054 |
---|
| 6093 | + | 17 Jackson County .0068 |
---|
| 6094 | + | 18 Jasper County .0048 |
---|
| 6095 | + | 19 Jay County .0030 |
---|
| 6096 | + | 20 Jefferson County .0049 |
---|
| 6097 | + | 21 Jennings County .0041 |
---|
| 6098 | + | 22 Johnson County .0238 |
---|
| 6099 | + | 23 Knox County .0054 |
---|
| 6100 | + | 24 Kosciusko County .0118 |
---|
| 6101 | + | 25 LaGrange County .0060 |
---|
| 6102 | + | 26 Lake County .0735 |
---|
| 6103 | + | 27 LaPorte County .0166 |
---|
| 6104 | + | 28 Lawrence County .0066 |
---|
| 6105 | + | 29 Madison County .0192 |
---|
| 6106 | + | 30 Marion County .1440 |
---|
| 6107 | + | 31 Marshall County .0068 |
---|
| 6108 | + | 32 Martin County .0014 |
---|
| 6109 | + | 33 Miami County .0053 |
---|
| 6110 | + | 34 Monroe County .0206 |
---|
| 6111 | + | 35 Montgomery County .0056 |
---|
| 6112 | + | 36 Morgan County .0106 |
---|
| 6113 | + | 37 Newton County .0020 |
---|
| 6114 | + | 38 Noble County .0070 |
---|
| 6115 | + | 39 Ohio County .0009 |
---|
| 6116 | + | 40 Orange County .0029 |
---|
| 6117 | + | 41 Owen County .0031 |
---|
| 6118 | + | 42 Parke County .0024 |
---|
| 6119 | + | 43 Perry County .0028 |
---|
| 6120 | + | 44 Pike County .0018 |
---|
| 6121 | + | 45 Porter County .0255 |
---|
| 6122 | + | 46 Posey County .0037 |
---|
| 6123 | + | 47 Pulaski County .0018 |
---|
| 6124 | + | 48 Putnam County .0054 |
---|
| 6125 | + | EH 1001—LS 7401/DI 125 |
---|
| 6126 | + | 117 1 Randolph County .0036 |
---|
| 6127 | + | 2 Ripley County .0043 |
---|
| 6128 | + | 3 Rush County .0025 |
---|
| 6129 | + | 4 St. Joseph County .0402 |
---|
| 6130 | + | 5 Scott County .0034 |
---|
| 6131 | + | 6 Shelby County .0066 |
---|
| 6132 | + | 7 Spencer County .0029 |
---|
| 6133 | + | 8 Starke County .0034 |
---|
| 6134 | + | 9 Steuben County .0051 |
---|
| 6135 | + | 10 Sullivan County .0031 |
---|
| 6136 | + | 11 Switzerland County .0014 |
---|
| 6137 | + | 12 Tippecanoe County .0274 |
---|
| 6138 | + | 13 Tipton County .0023 |
---|
| 6139 | + | 14 Union County .0010 |
---|
| 6140 | + | 15 Vanderburgh County .0266 |
---|
| 6141 | + | 16 Vermillion County .0023 |
---|
| 6142 | + | 17 Vigo County .0156 |
---|
| 6143 | + | 18 Wabash County .0046 |
---|
| 6144 | + | 19 Warren County .0012 |
---|
| 6145 | + | 20 Warrick County .0094 |
---|
| 6146 | + | 21 Washington County .0042 |
---|
| 6147 | + | 22 Wayne County .0098 |
---|
| 6148 | + | 23 Wells County .0042 |
---|
| 6149 | + | 24 White County .0036 |
---|
| 6150 | + | 25 Whitley County .0050 |
---|
| 6151 | + | 26 SECTION 86. IC 11-12-11-7, AS ADDED BY P.L.204-2016, SECTION 29, IS AMENDED TO |
---|
| 6152 | + | 27READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. Before September 1 of each year after 2014, |
---|
| 6153 | + | 28the department shall deposit in the misdemeanant fund of each county the greatest of the following: |
---|
| 6154 | + | 29 (1) the sum determined by multiplying the total amount appropriated for the county misdemeanant |
---|
| 6155 | + | 30 fund by the county's multiplier. |
---|
| 6156 | + | 31 (2) The minimum allocation amount assigned to the county under section 6(a) of this chapter. |
---|
| 6157 | + | 32 (3) The amount deposited by the department in the misdemeanant fund for the county in state fiscal |
---|
| 6158 | + | 33 year 1999. |
---|
| 6159 | + | 34 SECTION 87. IC 11-12-11-8 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 8. (a) |
---|
| 6160 | + | 35Notwithstanding section 7 of this chapter, the department shall deposit funds in county misdemeanant |
---|
| 6161 | + | 36funds under this section if the funds appropriated to the department for county misdemeanant funds are |
---|
| 6162 | + | 37insufficient to meet the amounts required to be deposited under section 7 of this chapter. |
---|
| 6163 | + | 38 (b) Before July 16 of each year, the commissioner shall send a notice to each county executive and |
---|
| 6164 | + | 39sheriff. The notice must contain the following: |
---|
| 6165 | + | 40 (1) The amount of money appropriated for all county misdemeanant funds in Indiana. |
---|
| 6166 | + | 41 (2) The amount that will be deposited in the county misdemeanant funds. |
---|
| 6167 | + | 42 (c) The notice required under subsection (b) must be in the following form: |
---|
| 6168 | + | 43 "Notice Concerning County Misdemeanant Funds |
---|
| 6169 | + | 44 The amount appropriated for July 1 (fill in year) to June 30 (fill in year) for county misdemeanant |
---|
| 6170 | + | 45 funds is $ (fill in dollar amount). The amount your county misdemeanant fund will receive is $ (fill |
---|
| 6171 | + | 46 in dollar amount).". |
---|
| 6172 | + | 47 SECTION 88. IC 12-12.7-2-22 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 22. Notwithstanding |
---|
| 6173 | + | 48any other law, any appropriation made to a program established under this chapter and 20 U.S.C. 1431 |
---|
| 6174 | + | EH 1001—LS 7401/DI 125 |
---|
| 6175 | + | 118 1through 1444 (first steps program) that exceeds eleven million three hundred thirty-nine thousand |
---|
| 6176 | + | 2sixty-three dollars ($11,339,063) in a state fiscal year must be distributed by the office of the secretary |
---|
| 6177 | + | 3of family and social services as follows: |
---|
| 6178 | + | 4 (1) Not more than ten percent (10%) to the division of disability and rehabilitative services for |
---|
| 6179 | + | 5 infrastructure expenses. |
---|
| 6180 | + | 6 (2) Not less than forty percent (40%) to systems point of entry contracts. |
---|
| 6181 | + | 7 (3) Not less than fifty percent (50%) to rates of providers who provide services under this chapter |
---|
| 6182 | + | 8 and 20 U.S.C. 1431 through 1444. |
---|
| 6183 | + | 9 SECTION 89. IC 12-14-1-1.2, AS ADDED BY P.L.14-2020, SECTION 1, IS AMENDED TO READ |
---|
| 6184 | + | 10AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 1.2. (a) Except as otherwise provided by federal law, |
---|
| 6185 | + | 11income that an individual earns for: |
---|
| 6186 | + | 12 (1) employment in a paid internship; |
---|
| 6187 | + | 13 (2) employment in a work based learning course (as defined in IC 20-43-8-0.7); IC 20-18-2-26.5); |
---|
| 6188 | + | 14 or |
---|
| 6189 | + | 15 (3) paid postsecondary work experience that allows the individual to apply for a related |
---|
| 6190 | + | 16 apprenticeship (as defined by IC 20-43-8-0.3); IC 20-18-2-1.6); |
---|
| 6191 | + | 17may not be considered as a resource, asset, or income in determining an applicant's or recipient's |
---|
| 6192 | + | 18eligibility for assistance under TANF. |
---|
| 6193 | + | 19 (b) The division shall apply for any plan amendment, waiver, or any other federal approval necessary |
---|
| 6194 | + | 20to implement this section. Upon approval, the division shall implement this section not later than thirty |
---|
| 6195 | + | 21(30) days from receipt of the federal approval. |
---|
| 6196 | + | 22 SECTION 90. IC 12-14-2-1, AS AMENDED BY P.L.83-2022, SECTION 3, IS AMENDED TO |
---|
| 6197 | + | 23READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 1. (a) After the investigation under |
---|
| 6198 | + | 24IC 12-14-1-6, the county office shall decide the following: |
---|
| 6199 | + | 25 (1) Whether the child is eligible for assistance under this article. |
---|
| 6200 | + | 26 (2) The amount of assistance. |
---|
| 6201 | + | 27 (3) The date assistance begins. |
---|
| 6202 | + | 28 (b) The county office may not consider: |
---|
| 6203 | + | 29 (1) money in an individual development account under IC 4-4-28 that belongs to the child or a |
---|
| 6204 | + | 30 member of the child's family; |
---|
| 6205 | + | 31 (2) the value of the real property that is the child's primary residence; |
---|
| 6206 | + | 32 (3) twenty thousand dollars ($20,000) of total equity value (as defined in 470 IAC 10.3-4-2) in motor |
---|
| 6207 | + | 33 vehicles that belong to one (1) or more members of the child's family; |
---|
| 6208 | + | 34 (4) a Holocaust victim's settlement payment received by the child or a member of the child's family; |
---|
| 6209 | + | 35 or |
---|
| 6210 | + | 36 (5) money earned by the child or a member of the child's family as a student participating in: |
---|
| 6211 | + | 37 (A) a paid internship; |
---|
| 6212 | + | 38 (B) a work based learning course (as defined in IC 20-43-8-0.7); IC 20-18-2-26.5); or |
---|
| 6213 | + | 39 (C) paid postsecondary work experience that allows the individual to apply for a related |
---|
| 6214 | + | 40 apprenticeship (as defined by IC 20-43-8-0.3); IC 20-18-2-1.6); |
---|
| 6215 | + | 41when determining whether the individual is eligible for assistance under this article. |
---|
| 6216 | + | 42 SECTION 91. IC 12-14-2-3, AS AMENDED BY P.L.168-2021, SECTION 4, IS AMENDED TO |
---|
| 6217 | + | 43READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 3. (a) Except as provided in subsection (b), |
---|
| 6218 | + | 44when determining the amount of assistance, an accounting must be taken of any income or property of |
---|
| 6219 | + | 45the child that the child may receive from another source. |
---|
| 6220 | + | 46 (b) The following may not be considered as income or property of the child when determining the |
---|
| 6221 | + | 47amount of assistance for the child: |
---|
| 6222 | + | EH 1001—LS 7401/DI 125 |
---|
| 6223 | + | 119 1 (1) Money in an individual development account established under IC 4-4-28 that belongs to a child |
---|
| 6224 | + | 2 or a member of the child's family. |
---|
| 6225 | + | 3 (2) A Holocaust victim's settlement payment received by the child or a member of the child's family. |
---|
| 6226 | + | 4 (3) Money earned by the child or a member of the child's family as a student participating in: |
---|
| 6227 | + | 5 (A) a paid internship; |
---|
| 6228 | + | 6 (B) a work based learning course (as defined in IC 20-43-8-0.7); IC 20-18-2-26.5); or |
---|
| 6229 | + | 7 (C) paid postsecondary work experience that allows the individual to apply for a related |
---|
| 6230 | + | 8 apprenticeship (as defined by IC 20-43-8-0.3). IC 20-18-2-1.6). |
---|
| 6231 | + | 9 (4) Annual income of up to fifteen thousand dollars ($15,000) that is earned by an individual in the |
---|
| 6232 | + | 10 child's household, if the income is earned by an individual who: |
---|
| 6233 | + | 11 (A) resides in the household; |
---|
| 6234 | + | 12 (B) is less than twenty-four (24) years of age; and |
---|
| 6235 | + | 13 (C) earns the additional annual income while the individual is a student participating in or |
---|
| 6236 | + | 14 pursuing: |
---|
| 6237 | + | 15 (i) a postsecondary degree; |
---|
| 6238 | + | 16 (ii) a workforce certificate; |
---|
| 6239 | + | 17 (iii) a pre-apprenticeship; or |
---|
| 6240 | + | 18 (iv) an apprenticeship. |
---|
| 6241 | + | 19 SECTION 92. IC 12-14-30-5, AS ADDED BY P.L.14-2020, SECTION 5, IS AMENDED TO READ |
---|
| 6242 | + | 20AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 5. (a) Except as otherwise provided by federal law, |
---|
| 6243 | + | 21income that an individual earns for: |
---|
| 6244 | + | 22 (1) employment in a paid internship; |
---|
| 6245 | + | 23 (2) employment in a work based learning course (as defined in IC 20-43-8-0.7; IC 20-18-2-26.5); |
---|
| 6246 | + | 24 or |
---|
| 6247 | + | 25 (3) paid postsecondary work experience that allows the individual to apply for a related |
---|
| 6248 | + | 26 apprenticeship (as defined by IC 20-43-8-0.3); IC 20-18-2-1.6); |
---|
| 6249 | + | 27may not be considered as a resource, asset, or income in determining an applicant's or recipient's |
---|
| 6250 | + | 28eligibility for SNAP assistance. |
---|
| 6251 | + | 29 (b) The division shall apply for any plan amendment, waiver, or any other federal approval necessary |
---|
| 6252 | + | 30to implement this section. Upon approval, the division shall implement this section not later than thirty |
---|
| 6253 | + | 31(30) days from receipt of the federal approval. |
---|
| 6254 | + | 32 SECTION 93. IC 12-15-1-23 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
| 6255 | + | 33READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 23. (a) Not later than November 1, 2023, the |
---|
| 6256 | + | 34office shall: |
---|
| 6257 | + | 35 (1) develop a schedule for the periodic review of Medicaid reimbursement rates for each |
---|
| 6258 | + | 36 category of service that does not have a rate review frequency in state or federal code; and |
---|
| 6259 | + | 37 (2) provide the schedule developed under subdivision (1) to the budget committee. |
---|
| 6260 | + | 38The office may determine the frequency of review of each service category's Medicaid |
---|
| 6261 | + | 39reimbursement rates according to the schedule. However, each service category's Medicaid |
---|
| 6262 | + | 40reimbursement rates must be reviewed at least once every four (4) years. |
---|
| 6263 | + | 41 (b) The review of the first set of Medicaid reimbursement rates to be reviewed according to the |
---|
| 6264 | + | 42schedule developed under subsection (a)(1) must be completed not later than November 1, 2024. |
---|
| 6265 | + | 43 (c) The office shall provide the findings of each review of each service category's Medicaid |
---|
| 6266 | + | 44reimbursement rates to the budget committee as reviews are completed according to the schedule. |
---|
| 6267 | + | 45 SECTION 94. IC 12-15-2-17.5, AS ADDED BY P.L.14-2020, SECTION 7, IS AMENDED TO READ |
---|
| 6268 | + | 46AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 17.5. (a) This section applies beginning on the date |
---|
| 6269 | + | 47on which the United States Department of Health and Human Services approves the request for changes |
---|
| 6270 | + | 48by the office under this section. |
---|
| 6271 | + | EH 1001—LS 7401/DI 125 |
---|
| 6272 | + | 120 1 (b) This subsection applies to applicants or recipients who are exempt from the use of modified |
---|
| 6273 | + | 2adjusted gross income (MAGI) as described in 42 U.S.C. 1396a(e)(14)(D) in determining eligibility. The |
---|
| 6274 | + | 3office may not consider income earned by an applicant, a recipient, or a member of the applicant's or |
---|
| 6275 | + | 4recipient's family for participating in: |
---|
| 6276 | + | 5 (1) a work based learning course (as defined in IC 20-43-8-0.7); IC 20-18-2-26.5); or |
---|
| 6277 | + | 6 (2) paid postsecondary work experience that allows the individual to apply for a related |
---|
| 6278 | + | 7 apprenticeship (as defined by IC 20-43-8-0.3); IC 20-18-2-1.6); |
---|
| 6279 | + | 8as income in determining the applicant's or recipient's eligibility for Medicaid. |
---|
| 6280 | + | 9 (c) For an applicant or recipient for whom the modified adjusted gross income (MAGI) is applicable, |
---|
| 6281 | + | 10the office shall elect to apply a reasonable method to include a prorated portion of reasonably predictable |
---|
| 6282 | + | 11future income as a factor concerning the income earned by the applicant or recipient by participating in |
---|
| 6283 | + | 12a work based learning course, as set forth in 42 CFR 435.603(h)(3). |
---|
| 6284 | + | 13 (d) The office shall apply for any state plan amendment or Medicaid waiver necessary to implement |
---|
| 6285 | + | 14this section. |
---|
| 6286 | + | 15 SECTION 95. IC 12-15-44.5-5, AS AMENDED BY P.L.152-2017, SECTION 34, IS AMENDED TO |
---|
| 6287 | + | 16READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) A managed care organization that |
---|
| 6288 | + | 17contracts with the office to provide health coverage, dental coverage, or vision coverage to an individual |
---|
| 6289 | + | 18who participates in the plan: |
---|
| 6290 | + | 19 (1) is responsible for the claim processing for the coverage; |
---|
| 6291 | + | 20 (2) shall reimburse providers at a rate that is not less than the rate established by the secretary; The |
---|
| 6292 | + | 21 rate set by the secretary must be based on a reimbursement formula that is: |
---|
| 6293 | + | 22 (A) comparable to the federal Medicare reimbursement rate for the service provided by the |
---|
| 6294 | + | 23 provider; or |
---|
| 6295 | + | 24 (B) one hundred thirty percent (130%) of the Medicaid reimbursement rate for a service that does |
---|
| 6296 | + | 25 not have a Medicare reimbursement rate; and |
---|
| 6297 | + | 26 (3) may not deny coverage to an eligible individual who has been approved by the office to |
---|
| 6298 | + | 27 participate in the plan. |
---|
| 6299 | + | 28 (b) A managed care organization that contracts with the office to provide health coverage under the |
---|
| 6300 | + | 29plan must incorporate cultural competency standards established by the office. The standards must |
---|
| 6301 | + | 30include standards for non-English speaking, minority, and disabled populations. |
---|
| 6302 | + | 31 SECTION 96. IC 12-17.2-7.2-1, AS AMENDED BY P.L.268-2019, SECTION 1, IS AMENDED TO |
---|
| 6303 | + | 32READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. As used in this chapter, "eligible child" |
---|
| 6304 | + | 33refers to an individual who: |
---|
| 6305 | + | 34 (1) is at least four (4) years of age and less than five (5) years of age on August 1 of the state fiscal |
---|
| 6306 | + | 35 year for which a grant is sought under the prekindergarten pilot program; |
---|
| 6307 | + | 36 (2) is a resident of Indiana or otherwise has legal settlement in Indiana, as determined under |
---|
| 6308 | + | 37 IC 20-26-11; |
---|
| 6309 | + | 38 (3) is a member of a household with an annual income that does not exceed one hundred |
---|
| 6310 | + | 39 twenty-seven percent (127%) one hundred fifty percent (150%) of the federal poverty level; |
---|
| 6311 | + | 40 (4) receives qualified early education services from an eligible provider, as determined by the office; |
---|
| 6312 | + | 41 (5) has a parent or guardian who participates in a parental engagement and involvement component |
---|
| 6313 | + | 42 provided by the eligible provider; |
---|
| 6314 | + | 43 (6) has a parent or guardian who agrees to ensure that the child meets the attendance requirements |
---|
| 6315 | + | 44 determined by the office; and |
---|
| 6316 | + | 45 (7) meets the requirements under section 7.2(a) and 7.2(c) of this chapter. |
---|
| 6317 | + | 46 SECTION 97. IC 12-22-2-11, AS AMENDED BY P.L.143-2011, SECTION 26, IS AMENDED TO |
---|
| 6318 | + | 47READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. (a) An entity, other than a psychiatric |
---|
| 6319 | + | EH 1001—LS 7401/DI 125 |
---|
| 6320 | + | 121 1residential treatment facility, may not operate or hold itself out as operating a group home for individuals |
---|
| 6321 | + | 2with serious mental illness (SMI), serious emotional disturbance (SED), or chronic addiction (CA) unless |
---|
| 6322 | + | 3the entity is licensed or certified by the division. |
---|
| 6323 | + | 4 (b) The division of mental health and addiction shall investigate a report of: |
---|
| 6324 | + | 5 (1) an unlicensed facility housing a community residential program described in section 3.5 of this |
---|
| 6325 | + | 6 chapter; |
---|
| 6326 | + | 7 (2) an uncertified operator of a community residential program described in section 3.5 of this |
---|
| 6327 | + | 8 chapter; or |
---|
| 6328 | + | 9 (3) a licensed or certified entity's noncompliance with this article; |
---|
| 6329 | + | 10and report the division's findings to the attorney general. |
---|
| 6330 | + | 11 (c) The attorney general may do the following: |
---|
| 6331 | + | 12 (1) Seek the issuance of a search warrant to assist in an investigation under this section. |
---|
| 6332 | + | 13 (2) File an action for injunctive relief to stop the operation of a facility described in subsection (b) |
---|
| 6333 | + | 14 if there is reasonable cause to believe that: |
---|
| 6334 | + | 15 (A) the facility or the operator of a community residential program described in subsection (b) |
---|
| 6335 | + | 16 is operating without a required license or certification; or |
---|
| 6336 | + | 17 (B) a licensed or certified entity's actions or omissions create an immediate danger of serious |
---|
| 6337 | + | 18 bodily injury to an individual with a mental illness or an imminent danger to the health of an |
---|
| 6338 | + | 19 individual with a mental illness. |
---|
| 6339 | + | 20 (3) Seek in a civil action a civil penalty of not more than one hundred dollars ($100) a day for each |
---|
| 6340 | + | 21 day a facility is operating: |
---|
| 6341 | + | 22 (A) without a license or certification required by law; or |
---|
| 6342 | + | 23 (B) with a license or certification required under this chapter, but is not in compliance with this |
---|
| 6343 | + | 24 article, IC 12-21-2-3, or rules adopted under this article or IC 12-21-2-3. |
---|
| 6344 | + | 25 (d) The division of mental health and addiction may provide for the removal of individuals with a |
---|
| 6345 | + | 26mental illness from facilities for individuals with a mental illness described in subsection (c). |
---|
| 6346 | + | 27 (e) There must be an opportunity for an informal meeting with the division of mental health and |
---|
| 6347 | + | 28addiction after injunctive relief is ordered under this section. |
---|
| 6348 | + | 29 (f) The civil penalties collected under this section must be deposited in the mental health centers fund |
---|
| 6349 | + | 30(IC 6-7-1-32.1). state general fund. |
---|
| 6350 | + | 31 SECTION 98. IC 12-23-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
| 6351 | + | 32Sec. 3. The money in the fund does not revert to any other fund the state general fund at the close of a |
---|
| 6352 | + | 33state fiscal year. but remains in the fund unless the money is appropriated by the general assembly under |
---|
| 6353 | + | 34section 5 of this chapter. |
---|
| 6354 | + | 35 SECTION 99. IC 12-29-2-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
| 6355 | + | 36Sec. 14. (a) An entity may not: |
---|
| 6356 | + | 37 (1) hold itself out to be a community mental health center; or |
---|
| 6357 | + | 38 (2) use the term "community mental health center"; |
---|
| 6358 | + | 39unless the entity is certified by the division of mental health and addiction. |
---|
| 6359 | + | 40 (b) The division of mental health and addiction shall investigate a report that an entity is operating as |
---|
| 6360 | + | 41a community mental health center without the approval of the division of mental health and addiction and |
---|
| 6361 | + | 42report the division's findings to the attorney general. |
---|
| 6362 | + | 43 (c) Upon receiving a report made under subsection (b), the attorney general may do the following: |
---|
| 6363 | + | 44 (1) Seek the issuance of a search warrant to assist in the investigation. |
---|
| 6364 | + | 45 (2) File an action for injunctive relief to stop the operation of the entity that is the subject of the |
---|
| 6365 | + | 46 report if there is reasonable cause to believe that the entity is operating without the required approval |
---|
| 6366 | + | 47 of the division of mental health and addiction. |
---|
| 6367 | + | EH 1001—LS 7401/DI 125 |
---|
| 6368 | + | 122 1 (3) File an action for injunctive relief to stop the entity that is the subject of the report from using |
---|
| 6369 | + | 2 the term "community mental health center". |
---|
| 6370 | + | 3 (4) Seek in a civil action a civil penalty of not more than one hundred dollars ($100) a day for each |
---|
| 6371 | + | 4 day an entity is operating without the required approval of the division of mental health and |
---|
| 6372 | + | 5 addiction. |
---|
| 6373 | + | 6 (d) An opportunity for an informal meeting with the division of mental health and addiction must be |
---|
| 6374 | + | 7provided after the injunctive relief is ordered. |
---|
| 6375 | + | 8 (e) The civil penalties collected under this section must be deposited in the mental health centers fund |
---|
| 6376 | + | 9(IC 6-7-1-32.1). state general fund. |
---|
| 6377 | + | 10 SECTION 100. IC 13-26-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
| 6378 | + | 11Sec. 1. (a) A district established in accordance with IC 19-3-1 (before its repeal) by an order of the court |
---|
| 6379 | + | 12before February 17, 1972, as a special district for any purpose provided in: |
---|
| 6380 | + | 13 (1) IC 13-3-2 (before its repeal); or |
---|
| 6381 | + | 14 (2) this article; |
---|
| 6382 | + | 15is considered to be a district under this article. |
---|
| 6383 | + | 16 (b) Orders of the court and acts of the board of directors are valid if permitted by this article. The |
---|
| 6384 | + | 17district shall function as a district the same as if the district were established under this article. |
---|
| 6385 | + | 18 SECTION 101. IC 14-9-8-28, AS AMENDED BY P.L.114-2022, SECTION 25, IS AMENDED TO |
---|
| 6386 | + | 19READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 28. (a) The natural resources commission shall |
---|
| 6387 | + | 20categorize salaries of enforcement officers within each rank based upon the rank held and the number of |
---|
| 6388 | + | 21years of service in the department through the twentieth year. The salary ranges that the commission |
---|
| 6389 | + | 22assigns to each rank shall be divided into a base salary and twenty (20) fifteen (15) increments above the |
---|
| 6390 | + | 23base salary with: |
---|
| 6391 | + | 24 (1) the base salary in the rank paid to a person with less than one (1) year of service in the |
---|
| 6392 | + | 25 department; and |
---|
| 6393 | + | 26 (2) the highest salary in the rank paid to a person with at least twenty (20) fifteen (15) years of |
---|
| 6394 | + | 27 service in the department. |
---|
| 6395 | + | 28 (b) The salary matrix prescribed by this section shall be reviewed and approved by the state budget |
---|
| 6396 | + | 29agency biennially in even-numbered years before implementation. |
---|
| 6397 | + | 30 (c) The salaries for law enforcement officers of the law enforcement division of the department must |
---|
| 6398 | + | 31be equal to the salaries of police employees of the state police department under IC 10-11-2-13, based |
---|
| 6399 | + | 32upon years of service in the department and rank held. |
---|
| 6400 | + | 33 (d) The requirement of subsection (c) does not affect: |
---|
| 6401 | + | 34 (1) any rights or liabilities accrued; or |
---|
| 6402 | + | 35 (2) any proceedings begun; |
---|
| 6403 | + | 36on or before June 30, 1999. Those rights, liabilities, and proceedings continue and shall be imposed and |
---|
| 6404 | + | 37enforced under prior civil law and procedure as if the requirement of subsection (c) had not been enacted. |
---|
| 6405 | + | 38 SECTION 102. IC 15-16-10-13, AS AMENDED BY P.L.27-2015, SECTION 3, IS AMENDED TO |
---|
| 6406 | + | 39READ AS FOLLOWS [EFFECTIVE JUNE 30, 2023]: Sec. 13. This chapter expires July 1, 2023. 2031. |
---|
| 6407 | + | 40 SECTION 103. IC 16-18-2-35 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 35. "Bedding", for |
---|
| 6408 | + | 41purposes of IC 16-41-32, has the meaning set forth in IC 16-41-32-5. |
---|
| 6409 | + | 42 SECTION 104. IC 16-18-2-129 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 129. "Filling |
---|
| 6410 | + | 43material", for purposes of IC 16-41-32, has the meaning set forth in IC 16-41-32-6. |
---|
| 6411 | + | 44 SECTION 105. IC 16-18-2-215 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 215. |
---|
| 6412 | + | 45"Manufacture", for purposes of IC 16-41-32, has the meaning set forth in IC 16-41-32-7. |
---|
| 6413 | + | 46 SECTION 106. IC 16-18-2-241 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 241. "Motor fuel", |
---|
| 6414 | + | 47for purposes of IC 16-44-3, has the meaning set forth in IC 16-44-3-2. |
---|
| 6415 | + | EH 1001—LS 7401/DI 125 |
---|
| 6416 | + | 123 1 SECTION 107. IC 16-18-2-242 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 242. "Motor fuel |
---|
| 6417 | + | 2outlet", for purposes of IC 16-44-3, has the meaning set forth in IC 16-44-3-3. |
---|
| 6418 | + | 3 SECTION 108. IC 16-18-2-248 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 248. "New", for |
---|
| 6419 | + | 4purposes of IC 16-41-32, has the meaning set forth in IC 16-41-32-8. |
---|
| 6420 | + | 5 SECTION 109. IC 16-18-2-316 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 316. "Renovate", |
---|
| 6421 | + | 6for purposes of IC 16-41-32, has the meaning set forth in IC 16-41-32-9. |
---|
| 6422 | + | 7 SECTION 110. IC 16-18-2-325 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 325. |
---|
| 6423 | + | 8"Secondhand", for purposes of IC 16-41-32, has the meaning set forth in IC 16-41-32-10. |
---|
| 6424 | + | 9 SECTION 111. IC 16-18-2-327 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 327. "Sell", for |
---|
| 6425 | + | 10purposes of IC 16-41-32, has the meaning set forth in IC 16-41-32-11. |
---|
| 6426 | + | 11 SECTION 112. IC 16-18-2-345 IS REPEALED [EFFECTIVE JANUARY 1, 2024]. Sec. 345. "Supply |
---|
| 6427 | + | 12dealer", for purposes of IC 16-41-32, has the meaning set forth in IC 16-41-32-12. |
---|
| 6428 | + | 13 SECTION 113. IC 16-18-2-374, AS AMENDED BY P.L.28-2009, SECTION 3, IS AMENDED TO |
---|
| 6429 | + | 14READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 374. (a) "Wholesaler", for purposes of |
---|
| 6430 | + | 15IC 16-42-11, has the meaning set forth in IC 16-42-11-1.1. |
---|
| 6431 | + | 16 (b) "Wholesaler", for purposes of IC 16-42-19 and IC 16-42-21, has the meaning set forth in |
---|
| 6432 | + | 17IC 16-42-19-10. |
---|
| 6433 | + | 18 (c) "Wholesaler", for purposes of IC 16-41-32, has the meaning set forth in IC 16-41-32-13. |
---|
| 6434 | + | 19 SECTION 114. IC 16-19-7-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
| 6435 | + | 20READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. This chapter expires July 1, 2023. |
---|
| 6436 | + | 21 SECTION 115. IC 16-21-10-21, AS AMENDED BY P.L.165-2021, SECTION 146, IS AMENDED |
---|
| 6437 | + | 22TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 21. This chapter expires June 30, 2023. |
---|
| 6438 | + | 232025. |
---|
| 6439 | + | 24 SECTION 116. IC 16-28-15-14, AS AMENDED BY P.L.165-2021, SECTION 147, IS AMENDED |
---|
| 6440 | + | 25TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. This chapter expires June 30, 2023. |
---|
| 6441 | + | 262025. |
---|
| 6442 | + | 27 SECTION 117. IC 16-41-32-32 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
| 6443 | + | 28READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 32. This chapter expires July 1, 2023. |
---|
| 6444 | + | 29 SECTION 118. IC 16-44-3-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
| 6445 | + | 30READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. This chapter expires July 1, 2023. |
---|
| 6446 | + | 31 SECTION 119. IC 20-18-2-1.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
| 6447 | + | 32READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 1.6. "Apprenticeship" or "apprenticeship |
---|
| 6448 | + | 33program" means an apprenticeship program registered under the federal National Apprenticeship |
---|
| 6449 | + | 34Act (29 U.S.C. 50 et seq.) or another federal apprenticeship program administered by the United |
---|
| 6450 | + | 35States Department of Labor. |
---|
| 6451 | + | 36 SECTION 120. IC 20-18-2-26.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
| 6452 | + | 37READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 26.5. "Work based learning course" means |
---|
| 6453 | + | 38a program, delivered in an employment relationship, that provides a worker with paid or |
---|
| 6454 | + | 39meaningful work experience and corresponding classroom instruction. |
---|
| 6455 | + | 40 SECTION 121. IC 20-20-38.5-1 IS REPEALED [EFFECTIVE JUNE 29, 2023]. Sec. 1. As used in this |
---|
| 6456 | + | 41chapter, "work based learning course" has the meaning set forth in IC 20-43-8-0.7. |
---|
| 6457 | + | 42 SECTION 122. IC 20-20-47.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO |
---|
| 6458 | + | 43READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: |
---|
| 6459 | + | 44 Chapter 47.5. Career Advising Grant Program and Fund |
---|
| 6460 | + | 45 Sec. 1. As used in this chapter, "approved intermediary" means an intermediary that has been |
---|
| 6461 | + | 46approved and included on the list under IC 4-3-27-18. |
---|
| 6462 | + | 47 Sec. 2. As used in this chapter, "fund" refers to the career advising grant program fund |
---|
| 6463 | + | 48established by section 8 of this chapter. |
---|
| 6464 | + | EH 1001—LS 7401/DI 125 |
---|
| 6465 | + | 124 1 Sec. 3. As used in this chapter, "grant" refers to a grant awarded to an approved intermediary |
---|
| 6466 | + | 2or a career advising provider under this chapter. |
---|
| 6467 | + | 3 Sec. 4. As used in this chapter, "program" refers to the career advising grant program |
---|
| 6468 | + | 4established by section 6 of this chapter. |
---|
| 6469 | + | 5 Sec. 5. As used in this chapter, "school" means a: |
---|
| 6470 | + | 6 (1) public school, including a charter school; or |
---|
| 6471 | + | 7 (2) state accredited nonpublic school; |
---|
| 6472 | + | 8that provides instruction for any combination of grades 9 through 12. |
---|
| 6473 | + | 9 Sec. 6. (a) The career advising grant program is established to provide grants to approved |
---|
| 6474 | + | 10intermediaries and career advising providers for the purposes of providing career advising for |
---|
| 6475 | + | 11students in grades 9 through 12. |
---|
| 6476 | + | 12 (b) The department shall administer the program. |
---|
| 6477 | + | 13 Sec. 7. (a) The department may award a grant each year under this chapter to an approved |
---|
| 6478 | + | 14intermediary or a career advising provider that: |
---|
| 6479 | + | 15 (1) applies on a form and in a manner established by the department; |
---|
| 6480 | + | 16 (2) applies by a date established by the department; |
---|
| 6481 | + | 17 (3) submits a plan to the department that: |
---|
| 6482 | + | 18 (A) provides a description of how the approved intermediary or career advising provider |
---|
| 6483 | + | 19 will implement career advising for students in grades 9 through 12; and |
---|
| 6484 | + | 20 (B) includes career exploration, engagement, and experience; and |
---|
| 6485 | + | 21 (4) partners with a school to provide career advising for students in grades 9 through 12 |
---|
| 6486 | + | 22 enrolled in the school. |
---|
| 6487 | + | 23 (b) The department shall determine the grant amount awarded under subsection (a) to an |
---|
| 6488 | + | 24approved intermediary or a career advising provider based on available funding. |
---|
| 6489 | + | 25 Sec. 8. (a) The career advising grant program fund is established for the purposes of |
---|
| 6490 | + | 26implementing the program. |
---|
| 6491 | + | 27 (b) The fund consists of the following: |
---|
| 6492 | + | 28 (1) Appropriations by the general assembly. |
---|
| 6493 | + | 29 (2) Interest deposited in the fund under subsection (e). |
---|
| 6494 | + | 30 (3) Gifts, grants, devises, or bequests made to the department to achieve the purposes of the |
---|
| 6495 | + | 31 fund. |
---|
| 6496 | + | 32 (c) The department shall administer the fund. |
---|
| 6497 | + | 33 (d) The expenses of administering the fund shall be paid from money in the fund. |
---|
| 6498 | + | 34 (e) The treasurer of state shall invest the money in the fund not currently needed to meet the |
---|
| 6499 | + | 35obligations of the fund in the same manner as other public funds may be invested. Interest that |
---|
| 6500 | + | 36accrues from these investments shall be deposited in the fund. |
---|
| 6501 | + | 37 (f) Money in the fund at the end of a state fiscal year does not revert to the state general fund. |
---|
| 6502 | + | 38 Sec. 9. Before the department may distribute any grant amounts that are awarded to approved |
---|
| 6503 | + | 39intermediaries or career advising providers under this chapter each year, the budget committee |
---|
| 6504 | + | 40must review the distribution of the grants to the approved intermediaries or career advising |
---|
| 6505 | + | 41providers. |
---|
| 6506 | + | 42 Sec. 10. The department may adopt rules under IC 4-22-2 to implement this chapter. |
---|
| 6507 | + | 43 SECTION 123. IC 20-23-18-3, AS AMENDED BY P.L.125-2022, SECTION 1, IS AMENDED TO |
---|
| 6508 | + | 44READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (c), the |
---|
| 6509 | + | 45Muncie Community school corporation is subject to all applicable federal and state laws. |
---|
| 6510 | + | 46 (b) If a provision of this chapter conflicts with any other law, including IC 20-23-4, the provision in |
---|
| 6511 | + | 47this chapter controls. |
---|
| 6512 | + | 48 (c) Notwithstanding subsection (a), to provide all administrative and academic flexibility to implement |
---|
| 6513 | + | EH 1001—LS 7401/DI 125 |
---|
| 6514 | + | 125 1innovative strategies, the Muncie Community school corporation is subject only to the following IC 20 |
---|
| 6515 | + | 2and IC 22 provisions: |
---|
| 6516 | + | 3 (1) IC 20-26-5-10 (criminal history). |
---|
| 6517 | + | 4 (2) IC 20-26-12-1 (curricular material purchase and provision; public school students). |
---|
| 6518 | + | 5 (3) IC 20-26-12-2 (curricular material purchase and rental). |
---|
| 6519 | + | 6 (2) (4) IC 20-28-5-8 (conviction of certain felonies or misdemeanors; notice and hearing; permanent |
---|
| 6520 | + | 7 revocation of license; data base of school employees who have been reported). |
---|
| 6521 | + | 8 (3) (5) IC 20-28-10-17 (school counselor immunity). |
---|
| 6522 | + | 9 (4) (6) IC 20-29 (collective bargaining) to the extent required by subsection (e). |
---|
| 6523 | + | 10 (5) (7) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative observances). |
---|
| 6524 | + | 11 (6) (8) The following: |
---|
| 6525 | + | 12 (A) IC 20-30-5-0.5 (display of the United States flag; Pledge of Allegiance). |
---|
| 6526 | + | 13 (B) IC 20-30-5-1, IC 20-30-5-2, and IC 20-30-5-3 (the constitutions of Indiana and the United |
---|
| 6527 | + | 14 States; writings, documents, and records of American history or heritage). |
---|
| 6528 | + | 15 (C) IC 20-30-5-4 (system of government; American history). |
---|
| 6529 | + | 16 (D) IC 20-30-5-5 (morals instruction). |
---|
| 6530 | + | 17 (E) IC 20-30-5-6 (good citizenship instruction). |
---|
| 6531 | + | 18 (7) (9) IC 20-32-4, concerning graduation requirements. |
---|
| 6532 | + | 19 (8) (10) IC 20-32-5.1, concerning the Indiana's Learning Evaluation Assessment Readiness Network |
---|
| 6533 | + | 20 (ILEARN) program. |
---|
| 6534 | + | 21 (9) (11) IC 20-32-8.5 (IRead3). |
---|
| 6535 | + | 22 (10) (12) IC 20-33-2 (compulsory school attendance). |
---|
| 6536 | + | 23 (11) (13) IC 20-33-8-16 (firearms and deadly weapons). |
---|
| 6537 | + | 24 (12) (14) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (student due process and judicial |
---|
| 6538 | + | 25 review). |
---|
| 6539 | + | 26 (13) (15) IC 20-33-7 (parental access to education records). |
---|
| 6540 | + | 27 (14) (16) IC 20-33-9 (reporting of student violations of law). |
---|
| 6541 | + | 28 (15) (17) IC 20-34-3 (health and safety measures). |
---|
| 6542 | + | 29 (16) (18) IC 20-35 (concerning special education). |
---|
| 6543 | + | 30 (17) (19) IC 20-39 (accounting and financial reporting procedures). |
---|
| 6544 | + | 31 (18) (20) IC 20-40 (government funds and accounts). |
---|
| 6545 | + | 32 (19) (21) IC 20-41 (extracurricular funds and accounts). |
---|
| 6546 | + | 33 (20) (22) IC 20-42 (fiduciary funds and accounts). |
---|
| 6547 | + | 34 (21) (23) IC 20-42.5 (allocation of expenditures to student instruction and learning). |
---|
| 6548 | + | 35 (22) (24) IC 20-43 (state tuition support). |
---|
| 6549 | + | 36 (23) (25) IC 20-44 (property tax levies). |
---|
| 6550 | + | 37 (24) (26) IC 20-46 (levies other than general fund levies). |
---|
| 6551 | + | 38 (25) (27) IC 20-47 (related entities; holding companies; lease agreements). |
---|
| 6552 | + | 39 (26) (28) IC 20-48 (borrowing and bonds). |
---|
| 6553 | + | 40 (27) (29) IC 20-49 (state management of common school funds; state advances and loans). |
---|
| 6554 | + | 41 (28) (30) IC 20-50 (concerning homeless children and foster care children). |
---|
| 6555 | + | 42 (29) (31) IC 22-2-18, before its expiration on June 30, 2021 (limitation on employment of minors). |
---|
| 6556 | + | 43 (d) The Muncie Community school corporation is subject to required audits by the state board of |
---|
| 6557 | + | 44accounts under IC 5-11-1-9. |
---|
| 6558 | + | 45 (e) Except to the extent required under a collective bargaining agreement entered into before July 1, |
---|
| 6559 | + | 462018, the Muncie Community school corporation is not subject to IC 20-29 unless the school corporation |
---|
| 6560 | + | 47voluntarily recognizes an exclusive representative under IC 20-29-5-2. If the school corporation |
---|
| 6561 | + | EH 1001—LS 7401/DI 125 |
---|
| 6562 | + | 126 1voluntarily recognizes an exclusive representative under IC 20-29-5-2, the school corporation may |
---|
| 6563 | + | 2authorize a school within the corporation to opt out of bargaining allowable subjects or discussing |
---|
| 6564 | + | 3discussion items by specifying the excluded items on the notice required under IC 20-29-5-2(b). The |
---|
| 6565 | + | 4notice must be provided to the education employment relations board at the time the notice is posted. |
---|
| 6566 | + | 5 SECTION 124. IC 20-24-7-6.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
| 6567 | + | 6READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6.1. (a) This section applies to revenue |
---|
| 6568 | + | 7collected after June 30, 2023, from a tax levy imposed by a governing body under IC 20-46-8. |
---|
| 6569 | + | 8 (b) Beginning in calendar year 2024, and each year thereafter, the county auditor shall distribute |
---|
| 6570 | + | 9money that is received as part of a tax levy collected under IC 20-46-8 to an eligible charter school, |
---|
| 6571 | + | 10excluding a virtual charter school and adult high school, for deposit in the charter school's |
---|
| 6572 | + | 11operations fund created under IC 20-40-18-1. The distributions shall be made at the same time that |
---|
| 6573 | + | 12tax levy revenue is required to be distributed to school corporations. |
---|
| 6574 | + | 13 SECTION 125. IC 20-24-7-13, AS AMENDED BY P.L.165-2021, SECTION 150, IS AMENDED TO |
---|
| 6575 | + | 14READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 13. (a) After June 30, 2019, a virtual charter |
---|
| 6576 | + | 15school may only apply for authorization with any statewide authorizer in accordance with the authorizer's |
---|
| 6577 | + | 16guidelines. After June 30, 2019, a virtual charter school that has a charter on June 30, 2019, may renew |
---|
| 6578 | + | 17a charter only with a statewide authorizer. An authorizer described in IC 20-24-1-2.5(1) and |
---|
| 6579 | + | 18IC 20-24-1-2.5(3) is not considered a statewide authorizer. |
---|
| 6580 | + | 19 (b) For each state fiscal year, a virtual charter school is entitled to receive funding in a month from the |
---|
| 6581 | + | 20state in an amount equal to: |
---|
| 6582 | + | 21 (1) the quotient of: |
---|
| 6583 | + | 22 (A) the school's basic tuition support determined under IC 20-43-6-3; divided by |
---|
| 6584 | + | 23 (B) twelve (12); plus |
---|
| 6585 | + | 24 (2) the total of any: |
---|
| 6586 | + | 25 (A) special education grants under IC 20-43-7; and |
---|
| 6587 | + | 26 (B) career and technical education grants under IC 20-43-8; and |
---|
| 6588 | + | 27 (C) honor grants under IC 20-43-10; |
---|
| 6589 | + | 28 (B) non-English speaking program grants under IC 20-43-10-4; |
---|
| 6590 | + | 29 to which the virtual charter school is entitled for the month. |
---|
| 6591 | + | 30For each state fiscal year, a virtual charter school's special education grants under IC 20-43-7 shall be |
---|
| 6592 | + | 31calculated in the same manner as special education grants are calculated for other school corporations. |
---|
| 6593 | + | 32 (c) The state board shall adopt rules under IC 4-22-2 to govern the operation of virtual charter schools. |
---|
| 6594 | + | 33 (d) Each authorizer of a virtual charter school shall establish requirements or guidelines for virtual |
---|
| 6595 | + | 34charter schools authorized by the authorizer that include the following: |
---|
| 6596 | + | 35 (1) Minimum requirements for the mandatory annual onboarding process and orientation required |
---|
| 6597 | + | 36 under IC 20-24-5-4.5, which shall include a requirement that a virtual charter school must provide |
---|
| 6598 | + | 37 to a parent of a student: |
---|
| 6599 | + | 38 (A) the student engagement and attendance requirements or policies of the virtual charter school; |
---|
| 6600 | + | 39 and |
---|
| 6601 | + | 40 (B) notice that a person who knowingly or intentionally deprives a dependent of education |
---|
| 6602 | + | 41 commits a violation under IC 35-46-1-4. |
---|
| 6603 | + | 42 (2) Requirements relating to tracking and monitoring student participation and attendance. |
---|
| 6604 | + | 43 (3) Ongoing student engagement and counseling policy requirements. |
---|
| 6605 | + | 44 (4) Employee policy requirements, including professional development requirements. |
---|
| 6606 | + | 45 (e) The department, with the approval of the state board, shall before December 1 of each year submit |
---|
| 6607 | + | 46an annual report to the budget committee concerning the program under this section. |
---|
| 6608 | + | 47 (f) Each school year, at least sixty percent (60%) of the students who are enrolled in virtual charter |
---|
| 6609 | + | 48schools under this section for the first time must have been included in the state's fall count of ADM |
---|
| 6610 | + | EH 1001—LS 7401/DI 125 |
---|
| 6611 | + | 127 1conducted in the previous school year. |
---|
| 6612 | + | 2 (g) Each virtual charter school shall report annually to the department concerning the following, on |
---|
| 6613 | + | 3a schedule determined by the department: |
---|
| 6614 | + | 4 (1) Classroom size. |
---|
| 6615 | + | 5 (2) The ratio of teachers per classroom. |
---|
| 6616 | + | 6 (3) The number of student-teacher meetings conducted in person or by video conference. |
---|
| 6617 | + | 7 (4) Any other information determined by the department. |
---|
| 6618 | + | 8The department shall provide this information annually to the state board and the legislative council in |
---|
| 6619 | + | 9an electronic format under IC 5-14-6. |
---|
| 6620 | + | 10 (h) A virtual charter school shall adopt a student engagement policy. A student who regularly fails to |
---|
| 6621 | + | 11participate in courses may be withdrawn from enrollment under policies adopted by the virtual charter |
---|
| 6622 | + | 12school. The policies adopted by the virtual charter school must ensure that: |
---|
| 6623 | + | 13 (1) adequate notice of the withdrawal is provided to the parent and the student; and |
---|
| 6624 | + | 14 (2) an opportunity is provided, before the withdrawal of the student by the virtual charter school, for |
---|
| 6625 | + | 15 the student or the parent to demonstrate that failure to participate in the course is due to an event that |
---|
| 6626 | + | 16 would be considered an excused absence under IC 20-33-2. |
---|
| 6627 | + | 17 (i) A student who is withdrawn from enrollment for failure to participate in courses pursuant to the |
---|
| 6628 | + | 18school's student engagement policy may not reenroll in that same virtual charter school for the school year |
---|
| 6629 | + | 19in which the student is withdrawn. |
---|
| 6630 | + | 20 (j) An authorizer shall review and monitor whether a virtual charter school that is authorized by the |
---|
| 6631 | + | 21authorizer complies with the requirements described in subsections (h) and (i). |
---|
| 6632 | + | 22 SECTION 126. IC 20-24-7-13.5, AS AMENDED BY P.L.165-2021, SECTION 151, IS AMENDED |
---|
| 6633 | + | 23TO READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 13.5. (a) This section applies to the |
---|
| 6634 | + | 24following charter schools: |
---|
| 6635 | + | 25 (1) The Excel Centers for Adult Learners. |
---|
| 6636 | + | 26 (2) The Christel House DORS centers. |
---|
| 6637 | + | 27 (3) The Gary Middle College charter schools. |
---|
| 6638 | + | 28 (b) Notwithstanding any other law, for a state fiscal year, a charter school described in subsection (a) |
---|
| 6639 | + | 29is entitled to receive funding from the state in an amount equal to the product of: |
---|
| 6640 | + | 30 (1) the charter school's number of students who are Indiana residents (expressed as full-time |
---|
| 6641 | + | 31 equivalents); multiplied by |
---|
| 6642 | + | 32 (2) six thousand seven hundred fifty dollars ($6,750) beginning July 1, 2017. |
---|
| 6643 | + | 33 (c) However, in the case of the charter school described in subsection (a)(3), the funding under this |
---|
| 6644 | + | 34section applies only for those students who are twenty-two (22) years of age and older. In addition, the |
---|
| 6645 | + | 35total number of students (expressed as full-time equivalents) of all adult learners in charter schools |
---|
| 6646 | + | 36covered by this section may not exceed the following: |
---|
| 6647 | + | 37 (1) For the 2021-2022 2023-2024 state fiscal year: |
---|
| 6648 | + | 38 (A) For the Christel House DORS centers, eight hundred twenty-five (825) adult learner students. |
---|
| 6649 | + | 39 (B) For the Gary Middle College charter schools, two hundred fifty (250) adult learner students. |
---|
| 6650 | + | 40 (C) For the Excel Centers for Adult Learners, four thousand nine hundred (4,900) adult learner |
---|
| 6651 | + | 41 students. |
---|
| 6652 | + | 42 (2) For the 2022-2023 2024-2025 state fiscal year: |
---|
| 6653 | + | 43 (A) For the Christel House DORS centers, eight hundred twenty-five (825) adult learner students. |
---|
| 6654 | + | 44 (B) For the Gary Middle College charter schools, two hundred fifty (250) adult learner students. |
---|
| 6655 | + | 45 (C) For the Excel Centers for Adult Learners, four thousand nine hundred (4,900) adult learner |
---|
| 6656 | + | 46 students. |
---|
| 6657 | + | 47 (d) A charter school described in subsection (a) is entitled to receive federal special education funding. |
---|
| 6658 | + | EH 1001—LS 7401/DI 125 |
---|
| 6659 | + | 128 1 (e) The state funding under this section shall be paid each state fiscal year under a schedule set by the |
---|
| 6660 | + | 2budget agency and approved by the governor. However, the schedule shall provide for at least twelve (12) |
---|
| 6661 | + | 3payments, that one (1) payment shall be made at least every forty (40) days, and the aggregate of the |
---|
| 6662 | + | 4payments in each state fiscal year shall equal the amount required under this section. However, if the |
---|
| 6663 | + | 5appropriations for this purpose are insufficient, the distributions to each recipient shall be reduced |
---|
| 6664 | + | 6proportionately. |
---|
| 6665 | + | 7 (f) A charter school that receives funding as provided in this section must report the following |
---|
| 6666 | + | 8information annually to the state board and (in an electronic format under IC 5-14-6) to the legislative |
---|
| 6667 | + | 9council, on a schedule specified by the state board: |
---|
| 6668 | + | 10 (1) The number of adult learners enrolled in the charter school during the preceding year. |
---|
| 6669 | + | 11 (2) The demographics of the adult learners enrolled in the charter school during the preceding year |
---|
| 6670 | + | 12 (in a format requested by the state board). |
---|
| 6671 | + | 13 (3) The graduation rates of the adult learners enrolled in the charter school during the preceding |
---|
| 6672 | + | 14 year. |
---|
| 6673 | + | 15 (4) The outcomes for adult learners enrolled in the charter school, as of graduation and as of two (2) |
---|
| 6674 | + | 16 years after graduation. A charter school must include information concerning students' job placement |
---|
| 6675 | + | 17 outcomes, information concerning students' matriculation into higher education, and any other |
---|
| 6676 | + | 18 information concerning outcomes required by the state board. |
---|
| 6677 | + | 19 (g) This section expires June 30, 2023. 2025. |
---|
| 6678 | + | 20 SECTION 127. IC 20-24-8-2, AS AMENDED BY P.L.38-2020, SECTION 3, IS AMENDED TO |
---|
| 6679 | + | 21READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) A charter school may not do the |
---|
| 6680 | + | 22following: |
---|
| 6681 | + | 23 (1) Operate at a site or for grades other than as specified in the charter. |
---|
| 6682 | + | 24 (2) Charge tuition to any student residing within the school corporation's geographic boundaries. |
---|
| 6683 | + | 25 However, a charter school may charge tuition for: |
---|
| 6684 | + | 26 (A) a preschool program, unless charging tuition for the preschool program is barred under |
---|
| 6685 | + | 27 federal law; or |
---|
| 6686 | + | 28 (B) a latch key program; |
---|
| 6687 | + | 29 if the charter school provides those programs. |
---|
| 6688 | + | 30 (3) Except as provided under IC 20-26-19 and except for a foreign exchange student who is not a |
---|
| 6689 | + | 31 United States citizen, enroll a student who is not a resident of Indiana. |
---|
| 6690 | + | 32 (4) Be located in a private residence. |
---|
| 6691 | + | 33 (5) Provide solely home based instruction. |
---|
| 6692 | + | 34 (6) Except as provided in IC 20-26-12-1(b), assess a rental fee or require payment of any other |
---|
| 6693 | + | 35 fee for a student's use of curricular material. |
---|
| 6694 | + | 36 (b) A charter school is not prohibited from delivering instructional services: |
---|
| 6695 | + | 37 (1) through the Internet or another online arrangement; or |
---|
| 6696 | + | 38 (2) in any manner by computer; |
---|
| 6697 | + | 39if the instructional services are provided to students enrolled in the charter school in a manner that |
---|
| 6698 | + | 40complies with any procedures adopted by the department concerning online and computer instruction in |
---|
| 6699 | + | 41public schools. |
---|
| 6700 | + | 42 SECTION 128. IC 20-24-8-5, AS AMENDED BY P.L.126-2022, SECTION 1, IS AMENDED TO |
---|
| 6701 | + | 43READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. The following statutes and rules and |
---|
| 6702 | + | 44guidelines adopted under the following statutes apply to a charter school: |
---|
| 6703 | + | 45 (1) IC 5-11-1-9 (required audits by the state board of accounts). |
---|
| 6704 | + | 46 (2) IC 20-39-1-1 (unified accounting system). |
---|
| 6705 | + | 47 (3) IC 20-35 (special education). |
---|
| 6706 | + | 48 (4) IC 20-26-5-10 (criminal history). |
---|
| 6707 | + | EH 1001—LS 7401/DI 125 |
---|
| 6708 | + | 129 1 (5) IC 20-26-5-6 (subject to laws requiring regulation by state agencies). |
---|
| 6709 | + | 2 (6) IC 20-28-10-12 (nondiscrimination for teacher marital status). |
---|
| 6710 | + | 3 (7) IC 20-28-10-14 (teacher freedom of association). |
---|
| 6711 | + | 4 (8) IC 20-28-10-17 (school counselor immunity). |
---|
| 6712 | + | 5 (9) For conversion charter schools only if the conversion charter school elects to collectively bargain |
---|
| 6713 | + | 6 under IC 20-24-6-3(b), IC 20-28-6, IC 20-28-7.5, IC 20-28-8, IC 20-28-9, and IC 20-28-10. |
---|
| 6714 | + | 7 (10) IC 20-33-2 (compulsory school attendance). |
---|
| 6715 | + | 8 (11) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (student due process and judicial review). |
---|
| 6716 | + | 9 (12) IC 20-33-8-16 (firearms and deadly weapons). |
---|
| 6717 | + | 10 (13) IC 20-34-3 (health and safety measures). |
---|
| 6718 | + | 11 (14) IC 20-33-9 (reporting of student violations of law). |
---|
| 6719 | + | 12 (15) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative observances). |
---|
| 6720 | + | 13 (16) IC 20-31-3, IC 20-32-4, IC 20-32-5 (for a school year ending before July 1, 2018), IC 20-32-5.1 |
---|
| 6721 | + | 14 (for a school year beginning after June 30, 2018), IC 20-32-8, and IC 20-32-8.5, as provided in |
---|
| 6722 | + | 15 IC 20-32-8.5-2(b) (academic standards, accreditation, assessment, and remediation). |
---|
| 6723 | + | 16 (17) IC 20-33-7 (parental access to education records). |
---|
| 6724 | + | 17 (18) IC 20-31 (accountability for school performance and improvement). |
---|
| 6725 | + | 18 (19) IC 20-30-5-19 (personal financial responsibility instruction). |
---|
| 6726 | + | 19 (20) IC 20-26-5-37.3, before its expiration (career and technical education reporting). |
---|
| 6727 | + | 20 (21) IC 20-35.5 (dyslexia screening and intervention). |
---|
| 6728 | + | 21 (22) IC 22-2-18, before its expiration on June 30, 2021 (limitations on employment of minors). |
---|
| 6729 | + | 22 (23) IC 20-26-12-1 (curricular material purchase and provision; public school students). |
---|
| 6730 | + | 23 (24) IC 20-26-12-2 (curricular material purchase and rental). |
---|
| 6731 | + | 24 SECTION 129. IC 20-24-13-6, AS AMENDED BY P.L.165-2021, SECTION 152, IS AMENDED TO |
---|
| 6732 | + | 25READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 6. The annual grant amount for a school for |
---|
| 6733 | + | 26a state fiscal year is the following: |
---|
| 6734 | + | 27 (1) For the state fiscal year beginning July 1, 2021: |
---|
| 6735 | + | 28 (A) one thousand dollars ($1,000); multiplied by |
---|
| 6736 | + | 29 (B) the number of eligible pupils who are counted in the current ADM of the school. |
---|
| 6737 | + | 30 (2) For the state fiscal year years beginning July 1, 2022, and July 1, 2023: and each state fiscal |
---|
| 6738 | + | 31 year thereafter: |
---|
| 6739 | + | 32 (A) one thousand two hundred fifty dollars ($1,250); multiplied by |
---|
| 6740 | + | 33 (B) the number of eligible pupils who are counted in the current ADM of the school. |
---|
| 6741 | + | 34 (3) For the state fiscal year beginning July 1, 2024, and each state fiscal year thereafter: |
---|
| 6742 | + | 35 (A) nine hundred thirty-seven dollars ($937); multiplied by |
---|
| 6743 | + | 36 (B) the number of eligible pupils who are counted in the current ADM of the school. |
---|
| 6744 | + | 37 SECTION 130. IC 20-25.7-5-2, AS AMENDED BY P.L.165-2021, SECTION 153, IS AMENDED |
---|
| 6745 | + | 38TO READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 2. (a) The board may enter into an |
---|
| 6746 | + | 39agreement with an organizer to reconstitute an eligible school as a participating innovation network |
---|
| 6747 | + | 40charter school or to establish a participating innovation network charter school at a location selected by |
---|
| 6748 | + | 41the board within the boundary of the school corporation. Notwithstanding IC 20-26-7.1, a participating |
---|
| 6749 | + | 42innovation network charter school may be established within a vacant school building. |
---|
| 6750 | + | 43 (b) The terms of the agreement entered into between the board and an organizer must specify the |
---|
| 6751 | + | 44following: |
---|
| 6752 | + | 45 (1) A statement that the organizer authorizes the department to include the charter school's |
---|
| 6753 | + | 46 performance assessment results under IC 20-31-8 when calculating the school corporation's |
---|
| 6754 | + | 47 performance assessment under rules adopted by the state board. |
---|
| 6755 | + | 48 (2) The amount of state funding, including tuition support (if the participating innovation network |
---|
| 6756 | + | EH 1001—LS 7401/DI 125 |
---|
| 6757 | + | 130 1 charter school is treated in the same manner as a school operated by the school corporation under |
---|
| 6758 | + | 2 subsection (d)(2)), and money levied as property taxes that will be distributed by the school |
---|
| 6759 | + | 3 corporation to the organizer. |
---|
| 6760 | + | 4 (3) The performance goals and accountability metrics agreed upon for the charter school in the |
---|
| 6761 | + | 5 charter agreement between the organizer and the authorizer. |
---|
| 6762 | + | 6 (c) If an organizer and the board enter into an agreement under subsection (a), the organizer and the |
---|
| 6763 | + | 7board shall notify the department that the agreement has been made under this section within thirty (30) |
---|
| 6764 | + | 8days after the agreement is entered into. |
---|
| 6765 | + | 9 (d) Upon receipt of the notification under subsection (c), for school years starting after the date of the |
---|
| 6766 | + | 10agreement: |
---|
| 6767 | + | 11 (1) the department shall include the participating innovation network charter school's performance |
---|
| 6768 | + | 12 assessment results under IC 20-31-8 when calculating the school corporation's performance |
---|
| 6769 | + | 13 assessment under rules adopted by the state board; |
---|
| 6770 | + | 14 (2) the department shall treat the participating innovation network charter school in the same manner |
---|
| 6771 | + | 15 as a school operated by the school corporation when calculating the total amount of state funding |
---|
| 6772 | + | 16 to be distributed to the school corporation unless subsection (e) applies; and |
---|
| 6773 | + | 17 (3) if requested by a participating innovation network charter school that reconstitutes an eligible |
---|
| 6774 | + | 18 school, the department may use student growth as the state board's exclusive means to determine the |
---|
| 6775 | + | 19 innovation network charter school's category or designation of school improvement under 511 |
---|
| 6776 | + | 20 IAC 6.2-10-10 for a period of three (3) years. Beginning with the 2019-2020 school year, the |
---|
| 6777 | + | 21 department may not use student growth as the state board's exclusive means to determine an |
---|
| 6778 | + | 22 innovation network charter school's category or designation of school improvement. This subdivision |
---|
| 6779 | + | 23 expires July 1, 2023. |
---|
| 6780 | + | 24 (e) If a participating innovation network school was established before January 1, 2016, and for the |
---|
| 6781 | + | 25current school year has a complexity index that is greater than the complexity index for the school |
---|
| 6782 | + | 26corporation that the innovation network school has contracted with, the innovation network school shall |
---|
| 6783 | + | 27be treated as a charter school for purposes of determining tuition support. This subsection expires June |
---|
| 6784 | + | 2830, 2023. 2025. |
---|
| 6785 | + | 29 SECTION 131. IC 20-26-5-4, AS AMENDED BY P.L.270-2019, SECTION 9, IS AMENDED TO |
---|
| 6786 | + | 30READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) In carrying out the school purposes of |
---|
| 6787 | + | 31a school corporation, the governing body acting on the school corporation's behalf has the following |
---|
| 6788 | + | 32specific powers: |
---|
| 6789 | + | 33 (1) In the name of the school corporation, to sue and be sued and to enter into contracts in matters |
---|
| 6790 | + | 34 permitted by applicable law. However, a governing body may not use funds received from the state |
---|
| 6791 | + | 35 to bring or join in an action against the state, unless the governing body is challenging an adverse |
---|
| 6792 | + | 36 decision by a state agency, board, or commission. |
---|
| 6793 | + | 37 (2) To take charge of, manage, and conduct the educational affairs of the school corporation and to |
---|
| 6794 | + | 38 establish, locate, and provide the necessary schools, school libraries, other libraries where permitted |
---|
| 6795 | + | 39 by law, other buildings, facilities, property, and equipment. |
---|
| 6796 | + | 40 (3) To appropriate from the school corporation's general fund (before January 1, 2019) or the school |
---|
| 6797 | + | 41 corporation's operations fund (after December 31, 2018) an amount, not to exceed the greater of |
---|
| 6798 | + | 42 three thousand dollars ($3,000) per budget year or one dollar ($1) per pupil, not to exceed twelve |
---|
| 6799 | + | 43 thousand five hundred dollars ($12,500), based on the school corporation's ADM of the previous |
---|
| 6800 | + | 44 year (as defined in IC 20-43-1-7) to promote the best interests of the school corporation through: |
---|
| 6801 | + | 45 (A) the purchase of meals, decorations, memorabilia, or awards; |
---|
| 6802 | + | 46 (B) provision for expenses incurred in interviewing job applicants; or |
---|
| 6803 | + | 47 (C) developing relations with other governmental units. |
---|
| 6804 | + | EH 1001—LS 7401/DI 125 |
---|
| 6805 | + | 131 1 (4) To do the following: |
---|
| 6806 | + | 2 (A) Acquire, construct, erect, maintain, hold, and contract for construction, erection, or |
---|
| 6807 | + | 3 maintenance of real estate, real estate improvements, or an interest in real estate or real estate |
---|
| 6808 | + | 4 improvements, as the governing body considers necessary for school purposes, including |
---|
| 6809 | + | 5 buildings, parts of buildings, additions to buildings, rooms, gymnasiums, auditoriums, |
---|
| 6810 | + | 6 playgrounds, playing and athletic fields, facilities for physical training, buildings for |
---|
| 6811 | + | 7 administrative, office, warehouse, repair activities, or housing school owned buses, landscaping, |
---|
| 6812 | + | 8 walks, drives, parking areas, roadways, easements and facilities for power, sewer, water, |
---|
| 6813 | + | 9 roadway, access, storm and surface water, drinking water, gas, electricity, other utilities and |
---|
| 6814 | + | 10 similar purposes, by purchase, either outright for cash (or under conditional sales or purchase |
---|
| 6815 | + | 11 money contracts providing for a retention of a security interest by the seller until payment is |
---|
| 6816 | + | 12 made or by notes where the contract, security retention, or note is permitted by applicable law), |
---|
| 6817 | + | 13 by exchange, by gift, by devise, by eminent domain, by lease with or without option to purchase, |
---|
| 6818 | + | 14 or by lease under IC 20-47-2, IC 20-47-3, or IC 20-47-5. |
---|
| 6819 | + | 15 (B) Repair, remodel, remove, or demolish, or to contract for the repair, remodeling, removal, or |
---|
| 6820 | + | 16 demolition of the real estate, real estate improvements, or interest in the real estate or real estate |
---|
| 6821 | + | 17 improvements, as the governing body considers necessary for school purposes. |
---|
| 6822 | + | 18 (C) Provide for conservation measures through utility efficiency programs or under a guaranteed |
---|
| 6823 | + | 19 savings contract as described in IC 36-1-12.5. |
---|
| 6824 | + | 20 (5) To acquire personal property or an interest in personal property as the governing body considers |
---|
| 6825 | + | 21 necessary for school purposes, including buses, motor vehicles, equipment, apparatus, appliances, |
---|
| 6826 | + | 22 books, furniture, and supplies, either by cash purchase or under conditional sales or purchase money |
---|
| 6827 | + | 23 contracts providing for a security interest by the seller until payment is made or by notes where the |
---|
| 6828 | + | 24 contract, security, retention, or note is permitted by applicable law, by gift, by devise, by loan, or by |
---|
| 6829 | + | 25 lease with or without option to purchase and to repair, remodel, remove, relocate, and demolish the |
---|
| 6830 | + | 26 personal property. All purchases and contracts specified under the powers authorized under |
---|
| 6831 | + | 27 subdivision (4) and this subdivision are subject solely to applicable law relating to purchases and |
---|
| 6832 | + | 28 contracting by municipal corporations in general and to the supervisory control of state agencies as |
---|
| 6833 | + | 29 provided in section 6 of this chapter. |
---|
| 6834 | + | 30 (6) To sell or exchange real or personal property or interest in real or personal property that, in the |
---|
| 6835 | + | 31 opinion of the governing body, is not necessary for school purposes, in accordance with IC 20-26-7 |
---|
| 6836 | + | 32 and IC 20-26-7.1, to demolish or otherwise dispose of the property if, in the opinion of the governing |
---|
| 6837 | + | 33 body, the property is not necessary for school purposes and is worthless, and to pay the expenses for |
---|
| 6838 | + | 34 the demolition or disposition. |
---|
| 6839 | + | 35 (7) To lease any school property for a rental that the governing body considers reasonable or to |
---|
| 6840 | + | 36 permit the free use of school property for: |
---|
| 6841 | + | 37 (A) civic or public purposes; or |
---|
| 6842 | + | 38 (B) the operation of a school age child care program for children who are at least five (5) years |
---|
| 6843 | + | 39 of age and less than fifteen (15) years of age that operates before or after the school day, or both, |
---|
| 6844 | + | 40 and during periods when school is not in session; |
---|
| 6845 | + | 41 if the property is not needed for school purposes. Under this subdivision, the governing body may |
---|
| 6846 | + | 42 enter into a long term lease with a nonprofit corporation, community service organization, or other |
---|
| 6847 | + | 43 governmental entity, if the corporation, organization, or other governmental entity will use the |
---|
| 6848 | + | 44 property to be leased for civic or public purposes or for a school age child care program. However, |
---|
| 6849 | + | 45 if payment for the property subject to a long term lease is made from money in the school |
---|
| 6850 | + | 46 corporation's debt service fund, all proceeds from the long term lease must be deposited in the school |
---|
| 6851 | + | 47 corporation's debt service fund so long as payment for the property has not been made. The |
---|
| 6852 | + | 48 governing body may, at the governing body's option, use the procedure specified in IC 36-1-11-10 |
---|
| 6853 | + | EH 1001—LS 7401/DI 125 |
---|
| 6854 | + | 132 1 in leasing property under this subdivision. |
---|
| 6855 | + | 2 (8) To do the following: |
---|
| 6856 | + | 3 (A) Employ, contract for, and discharge superintendents, supervisors, principals, teachers, |
---|
| 6857 | + | 4 librarians, athletic coaches (whether or not they are otherwise employed by the school |
---|
| 6858 | + | 5 corporation and whether or not they are licensed under IC 20-28-5), business managers, |
---|
| 6859 | + | 6 superintendents of buildings and grounds, janitors, engineers, architects, physicians, dentists, |
---|
| 6860 | + | 7 nurses, accountants, teacher aides performing noninstructional duties, educational and other |
---|
| 6861 | + | 8 professional consultants, data processing and computer service for school purposes, including |
---|
| 6862 | + | 9 the making of schedules, the keeping and analyzing of grades and other student data, the keeping |
---|
| 6863 | + | 10 and preparing of warrants, payroll, and similar data where approved by the state board of |
---|
| 6864 | + | 11 accounts as provided below, and other personnel or services as the governing body considers |
---|
| 6865 | + | 12 necessary for school purposes. |
---|
| 6866 | + | 13 (B) Fix and pay the salaries and compensation of persons and services described in this |
---|
| 6867 | + | 14 subdivision that are consistent with IC 20-28-9-1.5. |
---|
| 6868 | + | 15 (C) Classify persons or services described in this subdivision and to adopt a compensation plan |
---|
| 6869 | + | 16 with a salary range that is consistent with IC 20-28-9-1.5. |
---|
| 6870 | + | 17 (D) Determine the number of the persons or the amount of the services employed or contracted |
---|
| 6871 | + | 18 for as provided in this subdivision. |
---|
| 6872 | + | 19 (E) Determine the nature and extent of the duties of the persons described in this subdivision. |
---|
| 6873 | + | 20 The compensation, terms of employment, and discharge of teachers are, however, subject to and |
---|
| 6874 | + | 21 governed by the laws relating to employment, contracting, compensation, and discharge of teachers. |
---|
| 6875 | + | 22 The compensation, terms of employment, and discharge of bus drivers are subject to and governed |
---|
| 6876 | + | 23 by laws relating to employment, contracting, compensation, and discharge of bus drivers. |
---|
| 6877 | + | 24 (9) Notwithstanding the appropriation limitation in subdivision (3), when the governing body by |
---|
| 6878 | + | 25 resolution considers a trip by an employee of the school corporation or by a member of the |
---|
| 6879 | + | 26 governing body to be in the interest of the school corporation, including attending meetings, |
---|
| 6880 | + | 27 conferences, or examining equipment, buildings, and installation in other areas, to permit the |
---|
| 6881 | + | 28 employee to be absent in connection with the trip without any loss in pay and to reimburse the |
---|
| 6882 | + | 29 employee or the member the employee's or member's reasonable lodging and meal expenses and |
---|
| 6883 | + | 30 necessary transportation expenses. To pay teaching personnel for time spent in sponsoring and |
---|
| 6884 | + | 31 working with school related trips or activities. |
---|
| 6885 | + | 32 (10) Subject to IC 20-27-13, to transport children to and from school, when in the opinion of the |
---|
| 6886 | + | 33 governing body the transportation is necessary, including considerations for the safety of the |
---|
| 6887 | + | 34 children. The transportation must be otherwise in accordance with applicable law. |
---|
| 6888 | + | 35 (11) To provide a lunch program for a part or all of the students attending the schools of the school |
---|
| 6889 | + | 36 corporation, including the establishment of kitchens, kitchen facilities, kitchen equipment, lunch |
---|
| 6890 | + | 37 rooms, the hiring of the necessary personnel to operate the lunch program, and the purchase of |
---|
| 6891 | + | 38 material and supplies for the lunch program, charging students for the operational costs of the lunch |
---|
| 6892 | + | 39 program, fixing the price per meal or per food item. To operate the lunch program as an |
---|
| 6893 | + | 40 extracurricular activity, subject to the supervision of the governing body. To participate in a surplus |
---|
| 6894 | + | 41 commodity or lunch aid program. |
---|
| 6895 | + | 42 (12) To: |
---|
| 6896 | + | 43 (A) purchase curricular materials and to furnish curricular materials without cost; or to rent |
---|
| 6897 | + | 44 curricular materials to students, and to participate in a curricular materials aid program, all in |
---|
| 6898 | + | 45 accordance with applicable law. and |
---|
| 6899 | + | 46 (B) assess and collect a reasonable fee for lost or significantly damaged curricular |
---|
| 6900 | + | 47 materials. |
---|
| 6901 | + | 48 (13) To accept students transferred from other school corporations and to transfer students to other |
---|
| 6902 | + | EH 1001—LS 7401/DI 125 |
---|
| 6903 | + | 133 1 school corporations in accordance with applicable law. |
---|
| 6904 | + | 2 (14) To make budgets, to appropriate funds, and to disburse the money of the school corporation in |
---|
| 6905 | + | 3 accordance with applicable law. To borrow money against current tax collections and otherwise to |
---|
| 6906 | + | 4 borrow money, in accordance with IC 20-48-1. |
---|
| 6907 | + | 5 (15) To purchase insurance or to establish and maintain a program of self-insurance relating to the |
---|
| 6908 | + | 6 liability of the school corporation or the school corporation's employees in connection with motor |
---|
| 6909 | + | 7 vehicles or property and for additional coverage to the extent permitted and in accordance with |
---|
| 6910 | + | 8 IC 34-13-3-20. To purchase additional insurance or to establish and maintain a program of |
---|
| 6911 | + | 9 self-insurance protecting the school corporation and members of the governing body, employees, |
---|
| 6912 | + | 10 contractors, or agents of the school corporation from liability, risk, accident, or loss related to school |
---|
| 6913 | + | 11 property, school contract, school or school related activity, including the purchase of insurance or |
---|
| 6914 | + | 12 the establishment and maintenance of a self-insurance program protecting persons described in this |
---|
| 6915 | + | 13 subdivision against false imprisonment, false arrest, libel, or slander for acts committed in the course |
---|
| 6916 | + | 14 of the persons' employment, protecting the school corporation for fire and extended coverage and |
---|
| 6917 | + | 15 other casualty risks to the extent of replacement cost, loss of use, and other insurable risks relating |
---|
| 6918 | + | 16 to property owned, leased, or held by the school corporation. In accordance with IC 20-26-17, to: |
---|
| 6919 | + | 17 (A) participate in a state employee health plan under IC 5-10-8-6.7; |
---|
| 6920 | + | 18 (B) purchase insurance; or |
---|
| 6921 | + | 19 (C) establish and maintain a program of self-insurance; |
---|
| 6922 | + | 20 to benefit school corporation employees, including accident, sickness, health, or dental coverage, |
---|
| 6923 | + | 21 provided that a plan of self-insurance must include an aggregate stop-loss provision. |
---|
| 6924 | + | 22 (16) To make all applications, to enter into all contracts, and to sign all documents necessary for the |
---|
| 6925 | + | 23 receipt of aid, money, or property from the state, the federal government, or from any other source. |
---|
| 6926 | + | 24 (17) To defend a member of the governing body or any employee of the school corporation in any |
---|
| 6927 | + | 25 suit arising out of the performance of the member's or employee's duties for or employment with, |
---|
| 6928 | + | 26 the school corporation, if the governing body by resolution determined that the action was taken in |
---|
| 6929 | + | 27 good faith. To save any member or employee harmless from any liability, cost, or damage in |
---|
| 6930 | + | 28 connection with the performance, including the payment of legal fees, except where the liability, |
---|
| 6931 | + | 29 cost, or damage is predicated on or arises out of the bad faith of the member or employee, or is a |
---|
| 6932 | + | 30 claim or judgment based on the member's or employee's malfeasance in office or employment. |
---|
| 6933 | + | 31 (18) To prepare, make, enforce, amend, or repeal rules, regulations, and procedures: |
---|
| 6934 | + | 32 (A) for the government and management of the schools, property, facilities, and activities of the |
---|
| 6935 | + | 33 school corporation, the school corporation's agents, employees, and pupils and for the operation |
---|
| 6936 | + | 34 of the governing body; and |
---|
| 6937 | + | 35 (B) that may be designated by an appropriate title such as "policy handbook", "bylaws", or "rules |
---|
| 6938 | + | 36 and regulations". |
---|
| 6939 | + | 37 (19) To ratify and approve any action taken by a member of the governing body, an officer of the |
---|
| 6940 | + | 38 governing body, or an employee of the school corporation after the action is taken, if the action could |
---|
| 6941 | + | 39 have been approved in advance, and in connection with the action to pay the expense or |
---|
| 6942 | + | 40 compensation permitted under IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-26-12-1, |
---|
| 6943 | + | 41 IC 20-40-12, and IC 20-48-1 or any other law. |
---|
| 6944 | + | 42 (20) To exercise any other power and make any expenditure in carrying out the governing body's |
---|
| 6945 | + | 43 general powers and purposes provided in this chapter or in carrying out the powers delineated in this |
---|
| 6946 | + | 44 section which is reasonable from a business or educational standpoint in carrying out school |
---|
| 6947 | + | 45 purposes of the school corporation, including the acquisition of property or the employment or |
---|
| 6948 | + | 46 contracting for services, even though the power or expenditure is not specifically set out in this |
---|
| 6949 | + | 47 chapter. The specific powers set out in this section do not limit the general grant of powers provided |
---|
| 6950 | + | EH 1001—LS 7401/DI 125 |
---|
| 6951 | + | 134 1 in this chapter except where a limitation is set out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, |
---|
| 6952 | + | 2 IC 20-40-12, IC 20-40-18 (after December 31, 2018), and IC 20-48-1 by specific language or by |
---|
| 6953 | + | 3 reference to other law. |
---|
| 6954 | + | 4 (b) A superintendent hired under subsection (a)(8): |
---|
| 6955 | + | 5 (1) is not required to hold a teacher's license under IC 20-28-5; and |
---|
| 6956 | + | 6 (2) is required to have obtained at least a master's degree from an accredited postsecondary |
---|
| 6957 | + | 7 educational institution. |
---|
| 6958 | + | 8 SECTION 132. IC 20-26-5-38, AS ADDED BY P.L.94-2019, SECTION 1, IS AMENDED TO READ |
---|
| 6959 | + | 9AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 38. (a) As used in this section, "juvenile detention |
---|
| 6960 | + | 10facility" refers to the following: |
---|
| 6961 | + | 11 (1) A juvenile detention facility under IC 31-31-8. |
---|
| 6962 | + | 12 (2) A juvenile detention center under IC 31-31-9. |
---|
| 6963 | + | 13 (3) A shelter care facility that is licensed to care for more than ten (10) children. |
---|
| 6964 | + | 14 (b) As used in this section, "school materials" includes curricular materials and syllabi for a particular |
---|
| 6965 | + | 15grade level or course. The term does not include hardware that will be consumed, accessed, or used by |
---|
| 6966 | + | 16a single student during a semester or school year. |
---|
| 6967 | + | 17 (c) If a child is or will be detained in a juvenile detention facility for more than seven (7) calendar |
---|
| 6968 | + | 18days, the school corporation shall, upon request by the juvenile detention facility or the child's parent, |
---|
| 6969 | + | 19provide to the juvenile detention facility the school materials for the grade level or courses in which the |
---|
| 6970 | + | 20child is enrolled or would be enrolled if the child were not detained. The school corporation may provide |
---|
| 6971 | + | 21the school materials in an electronic format. |
---|
| 6972 | + | 22 (d) The school corporation shall, upon request by the juvenile detention facility or the child's parent, |
---|
| 6973 | + | 23deliver to the juvenile detention facility the school materials described in subsection (c) at least once |
---|
| 6974 | + | 24every seven (7) calendar days, excluding any days that are not student instructional days. |
---|
| 6975 | + | 25 (e) Except for the assessment of rental fees for curricular materials under IC 20-26-12, The school |
---|
| 6976 | + | 26corporation is responsible for any costs associated with preparing and delivering school materials under |
---|
| 6977 | + | 27this section. |
---|
| 6978 | + | 28 (f) The school corporation is not required to provide school materials that have been requested by a |
---|
| 6979 | + | 29juvenile detention facility or the child's parent under this section if the: |
---|
| 6980 | + | 30 (1) child is released from the juvenile detention facility; or |
---|
| 6981 | + | 31 (2) juvenile detention facility or the child's parent requests that the school corporation no longer |
---|
| 6982 | + | 32 provide the school materials. |
---|
| 6983 | + | 33 SECTION 133. IC 20-26-12-1, AS AMENDED BY P.L.233-2015, SECTION 150, IS AMENDED TO |
---|
| 6984 | + | 34READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) Except as provided in subsection (b) and |
---|
| 6985 | + | 35but notwithstanding any other law, each governing body of a school corporation and each organizer |
---|
| 6986 | + | 36of a charter school shall purchase from a publisher, either individually or through a purchasing |
---|
| 6987 | + | 37cooperative of school corporations, as applicable, the curricular materials selected by the proper local |
---|
| 6988 | + | 38officials, and shall rent provide at no cost the curricular materials to each student enrolled in a public |
---|
| 6989 | + | 39the school corporation or charter school. that is: |
---|
| 6990 | + | 40 (1) in compliance with the minimum certification standards of the state board; and |
---|
| 6991 | + | 41 (2) located within the attendance unit served by the governing body. |
---|
| 6992 | + | 42Curricular materials provided to a student under this section remain the property of the governing |
---|
| 6993 | + | 43body of the school corporation or organizer of the charter school. |
---|
| 6994 | + | 44 (b) This section does not prohibit a governing body from suspending the operation of this section under |
---|
| 6995 | + | 45a contract entered into under IC 20-26-15. |
---|
| 6996 | + | 46 (b) This section does not prohibit a governing body of a school corporation or an organizer of |
---|
| 6997 | + | 47a charter school from assessing and collecting a reasonable fee for lost or significantly damaged |
---|
| 6998 | + | EH 1001—LS 7401/DI 125 |
---|
| 6999 | + | 135 1curricular materials in accordance with rules established by the state board under subsection (c). |
---|
| 7000 | + | 2Fees collected under this subsection must be deposited in the separate curricular materials account |
---|
| 7001 | + | 3established under IC 20-40-22-9 for the school in which the student was enrolled at the time the fee |
---|
| 7002 | + | was imposed.4 |
---|
| 7003 | + | (c) The state board shall adopt rules under IC 4-22-2, including emergency rules in the manner5 |
---|
| 7004 | + | provided in IC 4-22-2-37.1, to implement this section.6 |
---|
| 7005 | + | SECTION 134. IC 20-26-12-2, AS AMENDED BY P.L.233-2015, SECTION 151, IS AMENDED TO7 |
---|
| 7006 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) A governing body or an organizer of8 |
---|
| 7007 | + | a charter school may purchase from a publisher any curricular material selected by the proper local9 |
---|
| 7008 | + | officials. The governing body or the organizer of a charter school may not rent the curricular materials10 |
---|
| 7009 | + | to students enrolled in any public or nonpublic school.11 |
---|
| 7010 | + | (b) A governing body may rent curricular materials to students enrolled in any nonpublic school12 |
---|
| 7011 | + | that is13 |
---|
| 7012 | + | (1) in compliance with the minimum certification standards of the state board; and14 |
---|
| 7013 | + | (2) located within the attendance unit served by the governing body.15 |
---|
| 7014 | + | The annual rental rate may not exceed twenty-five percent (25%) of the retail price of the curricular16 |
---|
| 7015 | + | materials. An organizer of a charter school may rent curricular materials to students enrolled in any17 |
---|
| 7016 | + | nonpublic school.18 |
---|
| 7017 | + | (b) Notwithstanding subsection (a), the governing body may not assess a rental fee of more than19 |
---|
| 7018 | + | twenty-five percent (25%) of the retail price of curricular materials that have been:20 |
---|
| 7019 | + | (1) extended for usage by students under section 24(e) of this chapter; and21 |
---|
| 7020 | + | (2) paid for through rental fees previously collected.22 |
---|
| 7021 | + | (c) A governing body or an organizer of a charter school may negotiate the rental rate for the23 |
---|
| 7022 | + | curricular materials rented to any nonpublic school under subsection (b).24 |
---|
| 7023 | + | (d) A governing body shall collect and deposit the amounts received from the rental of curricular25 |
---|
| 7024 | + | materials to a nonpublic school into the curricular materials account, in accordance with26 |
---|
| 7025 | + | IC 20-40-22-9, in equal amounts for each public school of the school corporation.27 |
---|
| 7026 | + | (e) An organizer of a charter school shall deposit all money received from the rental of28 |
---|
| 7027 | + | curricular materials to a nonpublic school into the charter school's curricular materials account29 |
---|
| 7028 | + | described in IC 20-40-22-9.30 |
---|
| 7029 | + | (c) (f) This section does not limit other laws.31 |
---|
| 7030 | + | SECTION 135. IC 20-26-12-26 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 26. If a family32 |
---|
| 7031 | + | moves during the school term from one (1) school corporation to another within the state, the corporation33 |
---|
| 7032 | + | from which they move shall:34 |
---|
| 7033 | + | (1) evaluate the affected children's curricular materials; and35 |
---|
| 7034 | + | (2) offer to purchase the curricular materials at a reasonable price for resale to any family that moves36 |
---|
| 7035 | + | into that corporation during a school term.37 |
---|
| 7036 | + | SECTION 136. IC 20-26-15-5, AS AMENDED BY P.L.92-2020, SECTION 35, IS AMENDED TO38 |
---|
| 7037 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. Notwithstanding any other law, the39 |
---|
| 7038 | + | operation of the following is suspended for a freeway school corporation or a freeway school if the40 |
---|
| 7039 | + | governing body of the school corporation elects to have the specific statute or rule suspended in the41 |
---|
| 7040 | + | contract:42 |
---|
| 7041 | + | (1) The following statutes and rules concerning curriculum and instructional time:43 |
---|
| 7042 | + | IC 20-30-2-744 |
---|
| 7043 | + | IC 20-30-5-845 |
---|
| 7044 | + | IC 20-30-5-946 |
---|
| 7045 | + | IC 20-30-5-1147 |
---|
| 7046 | + | 511 IAC 6-7-648 |
---|
| 7047 | + | EH 1001—LS 7401/DI 125 |
---|
| 7048 | + | 136 511 IAC 6.1-5-0.51 |
---|
| 7049 | + | 511 IAC 6.1-5-12 |
---|
| 7050 | + | 511 IAC 6.1-5-2.53 |
---|
| 7051 | + | 511 IAC 6.1-5-3.54 |
---|
| 7052 | + | 511 IAC 6.1-5-4.5 |
---|
| 7053 | + | (2) The following rule concerning pupil/teacher ratios:6 |
---|
| 7054 | + | 511 IAC 6.1-4-1.7 |
---|
| 7055 | + | (3) The following statutes and rules concerning curricular materials:8 |
---|
| 7056 | + | IC 20-26-12-24.9 |
---|
| 7057 | + | IC 20-26-12-2610 |
---|
| 7058 | + | IC 20-26-12-1, except for the provision of curricular materials at no cost to a student in a11 |
---|
| 7059 | + | public school.12 |
---|
| 7060 | + | IC 20-26-12-2, except for the prohibition of renting curricular materials to students enrolled13 |
---|
| 7061 | + | in a public school.14 |
---|
| 7062 | + | 511 IAC 6.1-5-5.15 |
---|
| 7063 | + | (4) 511 IAC 6-7, concerning graduation requirements.16 |
---|
| 7064 | + | (5) IC 20-31-4.1, concerning the performance based accreditation system.17 |
---|
| 7065 | + | (6) IC 20-32-5 (before its expiration on July 1, 2018), concerning the ISTEP program established18 |
---|
| 7066 | + | under IC 20-32-5-15, if an alternative locally adopted assessment program is adopted under section19 |
---|
| 7067 | + | 6(4) of this chapter.20 |
---|
| 7068 | + | SECTION 137. IC 20-26.5-2-3, AS AMENDED BY P.L.126-2022, SECTION 4, IS AMENDED TO21 |
---|
| 7069 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) Notwithstanding any other law, the22 |
---|
| 7070 | + | following may be suspended for a coalition member in accordance with the coalition's plan:23 |
---|
| 7071 | + | (1) Subject to section 1(c) of this chapter, IC 20-30, concerning curriculum.24 |
---|
| 7072 | + | (2) The following statutes and rules concerning curricular materials:25 |
---|
| 7073 | + | IC 20-26-12-1, except for the provision of curricular materials at no cost to a student in a26 |
---|
| 7074 | + | public school.27 |
---|
| 7075 | + | IC 20-26-12-2, except for the prohibition of renting curricular materials to students enrolled28 |
---|
| 7076 | + | in a public school.29 |
---|
| 7077 | + | IC 20-26-12-24.30 |
---|
| 7078 | + | IC 20-26-12-26.31 |
---|
| 7079 | + | 511 IAC 6.1-5-5.32 |
---|
| 7080 | + | (3) The following rules concerning teacher licenses:33 |
---|
| 7081 | + | 511 IAC 16.34 |
---|
| 7082 | + | 511 IAC 17.35 |
---|
| 7083 | + | (4) Subject to subsection (c), IC 20-31-3 (concerning the adoption of academic standards).36 |
---|
| 7084 | + | (5) IC 20-31-4.1, concerning the performance based accreditation system.37 |
---|
| 7085 | + | (6) Except as provided in subsection (b), any other statute in IC 20 or rule in 511 IAC requested to38 |
---|
| 7086 | + | be suspended as part of the plan that is approved by the state board under section 1 of this chapter.39 |
---|
| 7087 | + | (b) A coalition member may not suspend under subsection (a)(6) any of the following:40 |
---|
| 7088 | + | (1) IC 20-26-5-10 (criminal history and child protection index check).41 |
---|
| 7089 | + | (2) IC 20-28 (school teachers).42 |
---|
| 7090 | + | (3) IC 20-29 (collective bargaining).43 |
---|
| 7091 | + | (4) IC 20-31 (accountability for performance and improvement), except for IC 20-31-3 and44 |
---|
| 7092 | + | IC 20-31-4.1.45 |
---|
| 7093 | + | (5) Subject to subsection (c), IC 20-32-4 (graduation requirements).46 |
---|
| 7094 | + | (6) IC 20-32-5.1 (Indiana's Learning Evaluation Assessment Readiness Network (ILEARN)47 |
---|
| 7095 | + | program).48 |
---|
| 7096 | + | EH 1001—LS 7401/DI 125 |
---|
| 7097 | + | 137 (7) IC 20-33 (students).1 |
---|
| 7098 | + | (8) IC 20-34 (student health and safety measures).2 |
---|
| 7099 | + | (9) IC 20-35 (special education).3 |
---|
| 7100 | + | (10) IC 20-35.5 (dyslexia screening and intervention).4 |
---|
| 7101 | + | (11) IC 20-36 (high ability students).5 |
---|
| 7102 | + | (12) IC 20-39 (accounting and financial reporting procedures).6 |
---|
| 7103 | + | (13) IC 20-40 (government funds and accounts).7 |
---|
| 7104 | + | (14) IC 20-41 (extracurricular funds and accounts).8 |
---|
| 7105 | + | (15) IC 20-42 (fiduciary funds and accounts).9 |
---|
| 7106 | + | (16) IC 20-42.5 (allocation of expenditures to student instruction and learning).10 |
---|
| 7107 | + | (17) IC 20-43 (state tuition support).11 |
---|
| 7108 | + | (18) IC 20-44 (property tax levies).12 |
---|
| 7109 | + | (19) IC 20-46 (levies other than general fund levies).13 |
---|
| 7110 | + | (20) IC 20-47 (related entities; holding companies; lease agreements).14 |
---|
| 7111 | + | (21) IC 20-48 (borrowing and bonds).15 |
---|
| 7112 | + | (22) IC 20-49 (state management of common school funds; state advances and loans).16 |
---|
| 7113 | + | (23) IC 20-50 (homeless children and foster care children).17 |
---|
| 7114 | + | (c) A coalition member must comply with the postsecondary readiness competency requirements under18 |
---|
| 7115 | + | IC 20-32-4-1.5(b)(1). However, notwithstanding any other law, a coalition member may replace high19 |
---|
| 7116 | + | school courses on the high school transcript with courses on the same subject matter with equal or greater20 |
---|
| 7117 | + | rigor to the required high school course and may count such a course as satisfying the equivalent diploma21 |
---|
| 7118 | + | requirements established by IC 20 and any applicable state board administrative rules or requirements.22 |
---|
| 7119 | + | If the coalition member school offers courses that are not aligned with requirements adopted by the state23 |
---|
| 7120 | + | board under IC 20-30-10, a parent of a student and the student who intends to enroll in a course that is24 |
---|
| 7121 | + | not aligned with requirements adopted by the state board under IC 20-30-10 must provide consent to the25 |
---|
| 7122 | + | coalition member school to enroll in the course. The consent form used by the coalition, which shall be26 |
---|
| 7123 | + | developed in collaboration with the commission for higher education, must notify the parent and the27 |
---|
| 7124 | + | student that enrollment in the course may affect the student's ability to attend a particular postsecondary28 |
---|
| 7125 | + | educational institution or enroll in a particular course at a particular postsecondary educational institution29 |
---|
| 7126 | + | because the course does not align with requirements established by the state board under IC 20-30-10.30 |
---|
| 7127 | + | SECTION 138. IC 20-30-10-5, AS AMENDED BY P.L.216-2021, SECTION 28, IS AMENDED TO31 |
---|
| 7128 | + | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 5. (a) Notwithstanding any other law, a high32 |
---|
| 7129 | + | school may:33 |
---|
| 7130 | + | (1) replace high school courses on the high school transcript with dual credit courses (as defined in34 |
---|
| 7131 | + | IC 21-43-1-2.5), Cambridge International courses, international baccalaureate courses, or advanced35 |
---|
| 7132 | + | placement courses on the same subject matter with equal or greater rigor to the required high school36 |
---|
| 7133 | + | course; and37 |
---|
| 7134 | + | (2) count:38 |
---|
| 7135 | + | (A) a course described in subdivision (1);39 |
---|
| 7136 | + | (B) a work based learning course, program, or experience that is approved under subsection (c);40 |
---|
| 7137 | + | (C) a career and technical education course, program, or experience that is approved under41 |
---|
| 7138 | + | subsection (c); or42 |
---|
| 7139 | + | (D) a course in any combination of:43 |
---|
| 7140 | + | (i) science;44 |
---|
| 7141 | + | (ii) technology;45 |
---|
| 7142 | + | (iii) engineering; or46 |
---|
| 7143 | + | (iv) mathematics;47 |
---|
| 7144 | + | as satisfying an Indiana diploma with a Core 40 with academic honors designation or another48 |
---|
| 7145 | + | EH 1001—LS 7401/DI 125 |
---|
| 7146 | + | 138 designation requirement.1 |
---|
| 7147 | + | (b) A course, program, or experience described in subsection (a)(2)(B), (a)(2)(C), or (a)(2)(D):2 |
---|
| 7148 | + | (1) with:3 |
---|
| 7149 | + | (A) subject matter that is similar to; and4 |
---|
| 7150 | + | (B) rigor that is equal to or greater than;5 |
---|
| 7151 | + | the subject matter and rigor of the required course; but6 |
---|
| 7152 | + | (2) that does not fully align with the required course standards;7 |
---|
| 7153 | + | must be augmented with instruction to include the remaining standards of the required course.8 |
---|
| 7154 | + | (c) If a course, program, or experience provider requests that the state board, a state educational9 |
---|
| 7155 | + | institution (as defined in IC 21-7-13-32), or any other entity designated by the state board approve a10 |
---|
| 7156 | + | course, program, or experience described in subsection (a)(2)(B), (a)(2)(C), or (a)(2)(D), the state board,11 |
---|
| 7157 | + | state educational institution, or other entity shall approve the course, program, or experience if the12 |
---|
| 7158 | + | provider provides the following:13 |
---|
| 7159 | + | (1) A description of the extent to which the course, program, or experience aligns with the required14 |
---|
| 7160 | + | course that the provider is replacing.15 |
---|
| 7161 | + | (2) An explanation regarding how the remaining standards of the required course, program, or16 |
---|
| 7162 | + | experience will be augmented.17 |
---|
| 7163 | + | (d) If the state board, a state educational institution, or another entity designated by the state board18 |
---|
| 7164 | + | approves a course, program, or experience under subsection (c), the state board, state educational19 |
---|
| 7165 | + | institution, or other entity:20 |
---|
| 7166 | + | (1) may periodically review the approved course, program, or experience to ensure the course,21 |
---|
| 7167 | + | program, or experience complies with the requirements under this section; and22 |
---|
| 7168 | + | (2) may revoke approval of the course, program, or experience if, at any time more than one (1) year23 |
---|
| 7169 | + | after the course, program, or experience is offered, the state board, state educational institution, or24 |
---|
| 7170 | + | other entity determines that the course, program, or experience does not comply with the25 |
---|
| 7171 | + | requirements under this section.26 |
---|
| 7172 | + | (e) A dual credit course described in subsection (a)(1) must be authorized by an eligible institution (as27 |
---|
| 7173 | + | described in IC 21-43-4-3.5) that is a member of a national dual credit accreditation organization, or the28 |
---|
| 7174 | + | eligible institution must make assurances that the final assessment for the course given for dual credit29 |
---|
| 7175 | + | under this section is substantially equivalent to the final assessment given in the college course in that30 |
---|
| 7176 | + | subject.31 |
---|
| 7177 | + | (f) A student who satisfies an Indiana diploma with a Core 40 with academic honors designation32 |
---|
| 7178 | + | through a high school course replaced under subsection (a)(2)(D) shall not count toward a school's honor33 |
---|
| 7179 | + | designation award under IC 20-43-10-2.34 |
---|
| 7180 | + | SECTION 139. IC 20-31-4.1-7, AS AMENDED BY P.L.126-2022, SECTION 5, IS AMENDED TO35 |
---|
| 7181 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. A school or group of schools that submits36 |
---|
| 7182 | + | an application under section 4 of this chapter may not request to waive any of the following provisions:37 |
---|
| 7183 | + | IC 20-24-8-2 (prohibited acts).38 |
---|
| 7184 | + | IC 20-26-5-10 (criminal history and child protection index check).39 |
---|
| 7185 | + | IC 20-26-12-1 (curricular material purchase and provision; public school students).40 |
---|
| 7186 | + | IC 20-26-12-2 (curricular material purchase and rental).41 |
---|
| 7187 | + | IC 20-27-7 (school bus inspection and registration).42 |
---|
| 7188 | + | IC 20-27-8-1 (school bus drivers and monitors).43 |
---|
| 7189 | + | IC 20-27-8-2 (school bus driver driving summary).44 |
---|
| 7190 | + | IC 20-27-10-3 (capacity of school bus).45 |
---|
| 7191 | + | IC 20-28 (school teachers).46 |
---|
| 7192 | + | IC 20-29 (collective bargaining).47 |
---|
| 7193 | + | IC 20-30-5-0.5 (display of United States flag; Pledge of Allegiance).48 |
---|
| 7194 | + | EH 1001—LS 7401/DI 125 |
---|
| 7195 | + | 139 IC 20-30-5-1 (constitutions).1 |
---|
| 7196 | + | IC 20-30-5-2 (constitutions; interdisciplinary course).2 |
---|
| 7197 | + | IC 20-30-5-3 (protected writings).3 |
---|
| 7198 | + | IC 20-30-5-4 (American history).4 |
---|
| 7199 | + | IC 20-30-5-4.5 (moment of silence).5 |
---|
| 7200 | + | IC 20-30-5-5 (morals instruction).6 |
---|
| 7201 | + | IC 20-30-5-6 (good citizenship instruction).7 |
---|
| 7202 | + | IC 20-30-5-13 (human sexuality instructional requirements).8 |
---|
| 7203 | + | IC 20-30-5-17 (access to materials; consent for participation).9 |
---|
| 7204 | + | IC 20-30-5-21 (contrary student instruction not permitted).10 |
---|
| 7205 | + | IC 20-30-5-22 (Indiana studies).11 |
---|
| 7206 | + | IC 20-31 (accountability for performance and improvement).12 |
---|
| 7207 | + | IC 20-32-4 (graduation requirements).13 |
---|
| 7208 | + | IC 20-32-5.1 (Indiana's Learning Evaluation Assessment Readiness Network (ILEARN) program).14 |
---|
| 7209 | + | IC 20-33-1 (equal educational opportunity).15 |
---|
| 7210 | + | IC 20-34 (student health and safety measures).16 |
---|
| 7211 | + | IC 20-35 (special education).17 |
---|
| 7212 | + | IC 20-35.5 (dyslexia screening and intervention).18 |
---|
| 7213 | + | IC 20-36 (high ability students).19 |
---|
| 7214 | + | IC 20-39 (accounting and financial reporting procedures).20 |
---|
| 7215 | + | IC 20-40 (government funds and accounts).21 |
---|
| 7216 | + | IC 20-41 (extracurricular funds and accounts).22 |
---|
| 7217 | + | IC 20-42 (fiduciary funds and accounts).23 |
---|
| 7218 | + | IC 20-42.5 (allocation of expenditures to student instruction and learning).24 |
---|
| 7219 | + | IC 20-43 (state tuition support).25 |
---|
| 7220 | + | IC 20-44 (property tax levies).26 |
---|
| 7221 | + | IC 20-46 (levies other than general fund levies).27 |
---|
| 7222 | + | IC 20-47 (related entities; holding companies; lease agreements).28 |
---|
| 7223 | + | IC 20-48 (borrowing and bonds).29 |
---|
| 7224 | + | IC 20-49 (state management of common school funds; state advances and loans).30 |
---|
| 7225 | + | IC 20-50 (homeless children and foster care children).31 |
---|
| 7226 | + | IC 20-51 (school scholarships).32 |
---|
| 7227 | + | SECTION 140. IC 20-31-8-5.5, AS ADDED BY P.L.211-2021, SECTION 23, IS AMENDED TO33 |
---|
| 7228 | + | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 5.5. (a) Not later than July 1, 2024, the state34 |
---|
| 7229 | + | board shall do the following:35 |
---|
| 7230 | + | (1) Establish a compilation of longitudinal data indicating school performance success in various36 |
---|
| 7231 | + | selected and enumerated program areas.37 |
---|
| 7232 | + | (2) Present the data described in subdivision (1) for each school in a manner that:38 |
---|
| 7233 | + | (A) can be conveniently and easily accessed from a single web page on the state board's Internet39 |
---|
| 7234 | + | web site; website; and40 |
---|
| 7235 | + | (B) is commonly known as an Internet dashboard.41 |
---|
| 7236 | + | (b) The dashboard must include the following:42 |
---|
| 7237 | + | (1) Indicators of student performance in elementary school, including schools for grades 6 through43 |
---|
| 7238 | + | 8, and high school.44 |
---|
| 7239 | + | (2) The school's graduation rate, as applicable.45 |
---|
| 7240 | + | (3) The percentage of high school graduates who earned college credit before graduating, as46 |
---|
| 7241 | + | applicable.47 |
---|
| 7242 | + | EH 1001—LS 7401/DI 125 |
---|
| 7243 | + | 140 (4) The pass rate of the statewide assessment program tests (as defined in IC 20-32-2-2.3), as1 |
---|
| 7244 | + | applicable.2 |
---|
| 7245 | + | (5) The growth data of the statewide assessment program tests (as defined in IC 20-32-2-2.3), as3 |
---|
| 7246 | + | applicable.4 |
---|
| 7247 | + | (6) The attendance rate.5 |
---|
| 7248 | + | (7) State, national, and international comparisons for the indicators, if applicable.6 |
---|
| 7249 | + | (8) The school's grade 3 reading proficiency rate, as applicable.7 |
---|
| 7250 | + | (c) The dashboard may include any other data indicating school performance success that the state8 |
---|
| 7251 | + | board determines is relevant.9 |
---|
| 7252 | + | (d) Each school shall post on a web page maintained on the school's Internet web site website the exact10 |
---|
| 7253 | + | same data and in a similar format as the data presented for the school on the state board's Internet web11 |
---|
| 7254 | + | site. website. However, the school may include custom indicators on the web page described in this12 |
---|
| 7255 | + | subsection.13 |
---|
| 7256 | + | SECTION 141. IC 20-32-8.7-7, AS ADDED BY P.L.167-2021, SECTION 1, IS AMENDED TO14 |
---|
| 7257 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) Except as provided in subsection (c),15 |
---|
| 7258 | + | to be eligible to receive a grant under this chapter, an eligible entity must do the following:16 |
---|
| 7259 | + | (1) Apply on a form and in a manner established by the department.17 |
---|
| 7260 | + | (2) Apply by a date established by the department.18 |
---|
| 7261 | + | (3) Develop and submit to the department a student learning recovery plan that meets the19 |
---|
| 7262 | + | requirements in section 8 of this chapter and any other requirements established by the department.20 |
---|
| 7263 | + | (4) Specify the amount requested in the student learning recovery plan submitted by the eligible21 |
---|
| 7264 | + | entity under subdivision (3).22 |
---|
| 7265 | + | (b) If a school corporation or charter school is required to provide a matching grant as part of23 |
---|
| 7266 | + | a student learning recovery plan, the matching grant may only consist of federal funds received by24 |
---|
| 7267 | + | the school corporation or charter school.25 |
---|
| 7268 | + | (c) This subsection applies to grants awarded, renewed, or otherwise extended after June 30,26 |
---|
| 7269 | + | 2023. To be eligible to receive, renew, or otherwise extend a grant under this chapter, an eligible27 |
---|
| 7270 | + | entity must do the following:28 |
---|
| 7271 | + | (1) Satisfy the requirements set forth in subsection (a).29 |
---|
| 7272 | + | (2) Provide evidence that the recovery learning and remediation provided to students under30 |
---|
| 7273 | + | the plan developed and submitted by the eligible entity under subsection (a) has resulted, or31 |
---|
| 7274 | + | is likely to result, in significant learning recovery and positive student outcomes.32 |
---|
| 7275 | + | SECTION 142. IC 20-32-8.7-10, AS ADDED BY P.L.167-2021, SECTION 1, IS AMENDED TO33 |
---|
| 7276 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. An eligible entity that receives a grant34 |
---|
| 7277 | + | under this chapter shall use the grant to implement the plan developed and submitted by the eligible entity35 |
---|
| 7278 | + | under section 7(3) 7(a)(3) of this chapter.36 |
---|
| 7279 | + | SECTION 143. IC 20-32-8.7-16, AS ADDED BY P.L.167-2021, SECTION 1, IS AMENDED TO37 |
---|
| 7280 | + | READ AS FOLLOWS [EFFECTIVE JUNE 30, 2023]: Sec. 16. This chapter expires July 1, 2023. 2025.38 |
---|
| 7281 | + | SECTION 144. IC 20-33-5-3, AS AMENDED BY P.L.286-2013, SECTION 112, IS AMENDED TO39 |
---|
| 7282 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (b),40 |
---|
| 7283 | + | if a parent of a child or an emancipated minor who is enrolled in a public school in kindergarten or grades41 |
---|
| 7284 | + | 1 through 12 meets the financial eligibility standard under section 2 of this chapter, the parent or the42 |
---|
| 7285 | + | emancipated minor may not be required to pay the fees for curricular materials, supplies, or other required43 |
---|
| 7286 | + | class fees. any fee required for the child's or emancipated minor's participation in a particular44 |
---|
| 7287 | + | course of study. The fees shall be paid by the school corporation that the child attends.45 |
---|
| 7288 | + | (b) The school corporation may apply for a reimbursement under section 7 of this chapter from the46 |
---|
| 7289 | + | department of the costs incurred under subsection (a).47 |
---|
| 7290 | + | (c) To the extent the reimbursement received by the school corporation is less than the rental fee48 |
---|
| 7291 | + | EH 1001—LS 7401/DI 125 |
---|
| 7292 | + | 141 assessed for curricular materials, the school corporation may request that the parent or emancipated minor1 |
---|
| 7293 | + | pay the balance of this amount.2 |
---|
| 7294 | + | (b) A school corporation may assess and collect a reasonable fee from a parent of a child or from3 |
---|
| 7295 | + | an emancipated minor who is enrolled in a public school in the school corporation and meets the4 |
---|
| 7296 | + | financial eligibility standard under section 2 of this chapter for any lost or significantly damaged5 |
---|
| 7297 | + | curricular materials that were provided to the child or emancipated minor, as provided in6 |
---|
| 7298 | + | IC 20-26-12-1(b).7 |
---|
| 7299 | + | SECTION 145. IC 20-33-5-5, AS ADDED BY P.L.1-2005, SECTION 17, IS AMENDED TO READ8 |
---|
| 7300 | + | AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. All school corporations must give notice in9 |
---|
| 7301 | + | nontechnical language and in a manner that can be reasonably expected to reach parents of students10 |
---|
| 7302 | + | before the assessment and collection of any fees for schoolbooks and supplies. that are not fees for11 |
---|
| 7303 | + | curricular materials. This notice must inform the parents of the following:12 |
---|
| 7304 | + | (1) The availability of assistance under this chapter.13 |
---|
| 7305 | + | (2) The eligibility standards under this chapter.14 |
---|
| 7306 | + | (3) The procedure for obtaining assistance, including the right and method of appeal.15 |
---|
| 7307 | + | (4) The availability of application forms at a designated school office.16 |
---|
| 7308 | + | (5) That the parents may be required to pay a reasonable fee for lost or significantly damaged17 |
---|
| 7309 | + | curricular materials.18 |
---|
| 7310 | + | (6) The procedure for obtaining assistance under section 12 of this chapter, under19 |
---|
| 7311 | + | IC 20-41-2-5(b), and under IC 20-42-3-10.20 |
---|
| 7312 | + | (7) The right to appeal an assessment of a fee for lost or significantly damaged curricular21 |
---|
| 7313 | + | materials, including the procedure required.22 |
---|
| 7314 | + | SECTION 146. IC 20-33-5-7, AS AMENDED BY P.L.286-2013, SECTION 113, IS AMENDED TO23 |
---|
| 7315 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) If a determination is made that the24 |
---|
| 7316 | + | applicant is eligible for assistance, the school corporation shall pay the cost of the student's required fees.25 |
---|
| 7317 | + | (b) A school corporation shall receive a reimbursement from the department for some or all of the costs26 |
---|
| 7318 | + | incurred by a school corporation during a school year in providing curricular materials assistance to27 |
---|
| 7319 | + | students who are eligible under section 2 of this chapter.28 |
---|
| 7320 | + | (c) To be guaranteed some level of reimbursement from the department, the governing body of a29 |
---|
| 7321 | + | school corporation shall request the reimbursement before November 1 of a school year.30 |
---|
| 7322 | + | (d) In its request, the governing body shall certify to the department:31 |
---|
| 7323 | + | (1) the number of students who are enrolled in that school corporation and who are eligible for32 |
---|
| 7324 | + | assistance under this chapter;33 |
---|
| 7325 | + | (2) the costs incurred by the school corporation in providing:34 |
---|
| 7326 | + | (A) curricular materials (including curricular materials used in special education and high ability35 |
---|
| 7327 | + | classes) to these students;36 |
---|
| 7328 | + | (B) workbooks, digital content, and consumable curricular materials (including workbooks,37 |
---|
| 7329 | + | consumable curricular materials, and other consumable instructional materials that are used in38 |
---|
| 7330 | + | special education and high ability classes) that are used by students for not more than one (1)39 |
---|
| 7331 | + | school year; and40 |
---|
| 7332 | + | (C) instead of the purchase of curricular materials, developmentally appropriate material for41 |
---|
| 7333 | + | instruction in kindergarten through the grade 3 level, laboratories, and children's literature42 |
---|
| 7334 | + | programs;43 |
---|
| 7335 | + | (3) that the curricular materials described in subdivision (2)(A) (except curricular materials used in44 |
---|
| 7336 | + | special education classes and high ability classes) have been adopted by the governing body; and45 |
---|
| 7337 | + | (4) any other information required by the department.46 |
---|
| 7338 | + | (e) (b) Each school within a school corporation shall maintain complete and accurate information47 |
---|
| 7339 | + | concerning the number of students determined to be eligible for assistance under this chapter. This48 |
---|
| 7340 | + | EH 1001—LS 7401/DI 125 |
---|
| 7341 | + | 142 information shall be provided to the department upon request.1 |
---|
| 7342 | + | (f) (c) Parents receiving other governmental assistance or aid that considers educational needs in2 |
---|
| 7343 | + | computing the entire amount of assistance granted may not be denied assistance if the applicant's total3 |
---|
| 7344 | + | family income does not exceed the standards established by this chapter.4 |
---|
| 7345 | + | (g) The amount of reimbursement that a school corporation is entitled to receive shall be determined5 |
---|
| 7346 | + | as provided in section 9.5 of this chapter.6 |
---|
| 7347 | + | SECTION 147. IC 20-33-5-9, AS AMENDED BY P.L.92-2020, SECTION 79, IS AMENDED TO7 |
---|
| 7348 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 9. (a) As used in this section, "accredited8 |
---|
| 7349 | + | nonpublic school" means a nonpublic school that:9 |
---|
| 7350 | + | (1) has voluntarily become accredited under IC 20-31-4.1; or10 |
---|
| 7351 | + | (2) is accredited by a national or regional accrediting agency that is recognized by the state board.11 |
---|
| 7352 | + | (b) If a parent of a child or an emancipated minor who is enrolled in an accredited nonpublic school12 |
---|
| 7353 | + | meets the financial eligibility standard under section 2 of this chapter, the parent or the emancipated13 |
---|
| 7354 | + | minor may receive a reimbursement from the department as provided in this chapter for the costs or some14 |
---|
| 7355 | + | of the costs incurred by the parent or emancipated minor in fees that are reimbursable under section 7 of15 |
---|
| 7356 | + | this chapter. for curricular materials.16 |
---|
| 7357 | + | (c) The department shall provide each accredited nonpublic school with sufficient application forms17 |
---|
| 7358 | + | for assistance, prescribed by the state board of accounts.18 |
---|
| 7359 | + | (d) Each accredited nonpublic school shall provide the parents or emancipated minors who wish to19 |
---|
| 7360 | + | apply for assistance with:20 |
---|
| 7361 | + | (1) the appropriate application forms; and21 |
---|
| 7362 | + | (2) any assistance needed in completing the application form.22 |
---|
| 7363 | + | (e) The parent or emancipated minor shall submit the application to the accredited nonpublic school.23 |
---|
| 7364 | + | The accredited nonpublic school shall make a determination of financial eligibility subject to appeal by24 |
---|
| 7365 | + | the parent or emancipated minor.25 |
---|
| 7366 | + | (f) If a determination is made that the applicant is eligible for assistance, subsection (b) applies.26 |
---|
| 7367 | + | (g) To be guaranteed some level of reimbursement from the department, the principal or other designee27 |
---|
| 7368 | + | shall submit the reimbursement request before November 1 of a school year.28 |
---|
| 7369 | + | (h) In its request, the principal or other designee shall certify to the department:29 |
---|
| 7370 | + | (1) the number of students who are enrolled in the accredited nonpublic school and who are eligible30 |
---|
| 7371 | + | for assistance under this chapter;31 |
---|
| 7372 | + | (2) the costs incurred in providing32 |
---|
| 7373 | + | (A) curricular materials (including curricular materials used in special education and high ability33 |
---|
| 7374 | + | classes); and34 |
---|
| 7375 | + | (B) workbooks, digital content, and consumable curricular materials (including workbooks,35 |
---|
| 7376 | + | consumable curricular materials, and other consumable teaching materials that are used in special36 |
---|
| 7377 | + | education and high ability classes) that are used by students for not more than one (1) school37 |
---|
| 7378 | + | year;38 |
---|
| 7379 | + | (3) that the curricular materials described in subdivision (2)(A) (2) (except any curricular materials39 |
---|
| 7380 | + | used in special education classes and high ability classes) have been adopted by the governing body;40 |
---|
| 7381 | + | and41 |
---|
| 7382 | + | (4) any other information required by the department.42 |
---|
| 7383 | + | (i) The amount of reimbursement that a parent or emancipated minor is entitled to receive shall be43 |
---|
| 7384 | + | determined as provided in section 9.5 of this chapter. IC 20-40-22-7.44 |
---|
| 7385 | + | (j) The accredited nonpublic school shall distribute the money received under this chapter45 |
---|
| 7386 | + | IC 20-40-22-8 to the appropriate eligible parents or emancipated minors.46 |
---|
| 7387 | + | (k) Section 7(f) 7(c) of this chapter applies to parents or emancipated minors as described in this47 |
---|
| 7388 | + | EH 1001—LS 7401/DI 125 |
---|
| 7389 | + | 143 section.1 |
---|
| 7390 | + | (l) The accredited nonpublic school and the department shall maintain complete and accurate2 |
---|
| 7391 | + | information concerning the number of applicants determined to be eligible for assistance under this3 |
---|
| 7392 | + | section.4 |
---|
| 7393 | + | (m) The state board shall adopt rules under IC 4-22-2 to implement this section.5 |
---|
| 7394 | + | SECTION 148. IC 20-33-5-11, AS AMENDED BY P.L.251-2017, SECTION 15, IS AMENDED TO6 |
---|
| 7395 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. (a) A school corporation may not:7 |
---|
| 7396 | + | (1) withhold curricular materials and supplies;8 |
---|
| 7397 | + | (2) require any special services from a child or emancipated minor; or9 |
---|
| 7398 | + | (3) deny the child or emancipated minor any benefit or privilege;10 |
---|
| 7399 | + | because the parent or emancipated minor fails to pay a required fees. fee, including a reasonable fee11 |
---|
| 7400 | + | for lost or significantly damaged curricular materials imposed under IC 20-26-12-1(b).12 |
---|
| 7401 | + | (b) Notwithstanding subsection (a), a school corporation may take any action authorized by law to13 |
---|
| 7402 | + | collect unpaid fees from parents who are determined to be ineligible for assistance, including recovery14 |
---|
| 7403 | + | of reasonable attorney's fees and court costs in addition to a judgment award against those parents.15 |
---|
| 7404 | + | (c) A school corporation may designate a full-time employee of the school corporation to represent the16 |
---|
| 7405 | + | school corporation in a small claims court action under subsection (b) if the claim does not exceed one17 |
---|
| 7406 | + | thousand five hundred dollars ($1,500). The employee designated under this subsection is not required18 |
---|
| 7407 | + | to be an attorney.19 |
---|
| 7408 | + | SECTION 149. IC 20-33-5-14, AS AMENDED BY P.L.43-2021, SECTION 112, IS AMENDED TO20 |
---|
| 7409 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 14. (a) The school curricular materials21 |
---|
| 7410 | + | reimbursement contingency fund is established to reimburse school corporations, eligible parents of22 |
---|
| 7411 | + | children who attend accredited nonpublic schools and emancipated minors who attend accredited23 |
---|
| 7412 | + | nonpublic schools as provided in section 9 of this chapter for assistance provided under this chapter. The24 |
---|
| 7413 | + | fund consists of money appropriated to the fund by the general assembly. The secretary of education shall25 |
---|
| 7414 | + | administer the fund.26 |
---|
| 7415 | + | (b) The treasurer of state shall invest the money in the school curricular materials reimbursement27 |
---|
| 7416 | + | contingency fund not currently needed to meet the obligations of the fund in the same manner as other28 |
---|
| 7417 | + | public funds may be invested.29 |
---|
| 7418 | + | SECTION 150. IC 20-35-4-4 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 4. (a) For the30 |
---|
| 7419 | + | administration and field service of the division, there is appropriated annually out of the excise funds of31 |
---|
| 7420 | + | the alcohol and tobacco commission an amount to administer this chapter as determined by the general32 |
---|
| 7421 | + | assembly.33 |
---|
| 7422 | + | (b) Money appropriated under this section shall be deposited into a special fund in the state treasury34 |
---|
| 7423 | + | to be known as the special education fund. The special education fund shall be:35 |
---|
| 7424 | + | (1) administered by the secretary of education; and36 |
---|
| 7425 | + | (2) used only for the administration of IC 20-35-2 through IC 20-35-6 and IC 20-35-8.37 |
---|
| 7426 | + | SECTION 151. IC 20-35-13 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO38 |
---|
| 7427 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]:39 |
---|
| 7428 | + | Chapter 13. Auditory-Verbal Accelerated Education Program40 |
---|
| 7429 | + | Sec. 1. As used in this chapter, "auditory-verbal accelerated education program" means a41 |
---|
| 7430 | + | specialized program:42 |
---|
| 7431 | + | (1) that:43 |
---|
| 7432 | + | (A) relies solely on; and44 |
---|
| 7433 | + | (B) develops;45 |
---|
| 7434 | + | listening skills;46 |
---|
| 7435 | + | (2) that uses an implant or assistive hearing device for the purpose of relying on speech and47 |
---|
| 7436 | + | spoken language skills as the method of communication; and 48 |
---|
| 7437 | + | EH 1001—LS 7401/DI 125 |
---|
| 7438 | + | 144 (3) that uses faculty and supervisors certified as listening and spoken language specialists each1 |
---|
| 7439 | + | day the child is in attendance.2 |
---|
| 7440 | + | Sec. 2. As used in this chapter, "deaf or hard of hearing" has the meaning set forth in 511 IAC3 |
---|
| 7441 | + | 7-41-4.4 |
---|
| 7442 | + | Sec. 3. (a) A child who is deaf or hard of hearing and who meets the requirements described in5 |
---|
| 7443 | + | subsection (b) may enroll in an auditory-verbal accelerated education program for the development6 |
---|
| 7444 | + | of listening and spoken language skills to prepare the child for enrollment in school. 7 |
---|
| 7445 | + | (b) To participate in the auditory-verbal accelerated education program, the child must:8 |
---|
| 7446 | + | (1) have received an implant or assistive hearing device;9 |
---|
| 7447 | + | (2) be at least three (3) years of age and, except as provided in subsection (c), less than seven10 |
---|
| 7448 | + | (7) years of age; and11 |
---|
| 7449 | + | (3) be a resident of Indiana.12 |
---|
| 7450 | + | (c) A child described in subsection (b) may participate in the program until the earlier of the13 |
---|
| 7451 | + | following:14 |
---|
| 7452 | + | (1) The completion of grade 2.15 |
---|
| 7453 | + | (2) The completion of the school year in which the child becomes seven (7) years of age.16 |
---|
| 7454 | + | Sec. 4. The level of services a child shall receive as part of the auditory-verbal accelerated17 |
---|
| 7455 | + | education program shall be determined by the individual educational plan team, which includes the18 |
---|
| 7456 | + | child's parent and a certified listening and a spoken language specialist in accordance with the19 |
---|
| 7457 | + | administrative rules adopted by the department. 20 |
---|
| 7458 | + | SECTION 152. IC 20-37-2-11, AS AMENDED BY P.L.143-2019, SECTION 27, IS AMENDED TO21 |
---|
| 7459 | + | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 11. (a) As used in this section, "career and22 |
---|
| 7460 | + | technical education course" means a career and technical education course that is an approved course23 |
---|
| 7461 | + | under the rules of the state board.24 |
---|
| 7462 | + | (b) Except as provided in subsection (c), a school corporation that has entered into an agreement for25 |
---|
| 7463 | + | a joint program of career and technical education with one (1) or more other school corporations may not26 |
---|
| 7464 | + | add a new career and technical education course to its curriculum unless the course has been approved27 |
---|
| 7465 | + | in the following manner:28 |
---|
| 7466 | + | (1) In the case of an agreement under IC 20-37-1, the course must be approved by the management29 |
---|
| 7467 | + | board for the joint program.30 |
---|
| 7468 | + | (2) In the case of an agreement under IC 20-26-10, the course must be approved by the governing31 |
---|
| 7469 | + | body of the school corporation that is designated to administer the joint program under32 |
---|
| 7470 | + | IC 20-26-10-3. However, if that governing body refuses to approve the course, the course may be33 |
---|
| 7471 | + | approved by a majority of the governing bodies of the school corporations that are parties to the34 |
---|
| 7472 | + | agreement.35 |
---|
| 7473 | + | (c) A school that has entered into an agreement for a joint program of career and technical education36 |
---|
| 7474 | + | may add a new career and technical education course to its curriculum without being approved under37 |
---|
| 7475 | + | subsection (b)(1) or (b)(2) if the course is being offered in partnership with an employer or an employer38 |
---|
| 7476 | + | and either:39 |
---|
| 7477 | + | (1) a postsecondary educational institution; or40 |
---|
| 7478 | + | (2) a third party trainer that is eligible to receive funding under the federal Workforce Innovation41 |
---|
| 7479 | + | and Opportunity Act (WIOA) of 2014 under 29 U.S.C. 3101 et seq., including reauthorizations of42 |
---|
| 7480 | + | WIOA, and is listed on the department of workforce development's eligible training provider list on43 |
---|
| 7481 | + | the department of workforce development's Internet web site. website.44 |
---|
| 7482 | + | (d) A student who is enrolled or was enrolled in a career and technical education course after June 30,45 |
---|
| 7483 | + | 2018, that:46 |
---|
| 7484 | + | (1) is or was offered by a school corporation; and47 |
---|
| 7485 | + | (2) meets the requirements set forth in subsection (c);48 |
---|
| 7486 | + | EH 1001—LS 7401/DI 125 |
---|
| 7487 | + | 145 shall receive credit for successfully completing the course regardless of whether the course has been1 |
---|
| 7488 | + | approved under subsection (b)(1) or (b)(2).2 |
---|
| 7489 | + | (e) Subject to IC 20-43-8-7.5 and any applicable federal law, a course that meets the requirements set3 |
---|
| 7490 | + | forth in subsection (c) that is offered by a school corporation after June 30, 2018, is eligible for state and4 |
---|
| 7491 | + | federal career and technical education funding.5 |
---|
| 7492 | + | SECTION 153. IC 20-37-2-13, AS AMENDED BY P.L.168-2022, SECTION 21, IS AMENDED TO6 |
---|
| 7493 | + | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 13. (a) As used in this section, "applicable7 |
---|
| 7494 | + | high school" means a high school at which all the students participate in a work based learning course (as8 |
---|
| 7495 | + | defined in IC 20-43-8-0.7) or school based enterprise.9 |
---|
| 7496 | + | (b) As used in this section, "primary use of the building" means an occupancy classification that is:10 |
---|
| 7497 | + | (1) most closely related to the intended use of the building; and11 |
---|
| 7498 | + | (2) determined by the rules of the fire prevention and building safety commission established by12 |
---|
| 7499 | + | IC 22-12-2-1 that apply to the building immediately preceding the date that the applicable high13 |
---|
| 7500 | + | school agrees to use the building.14 |
---|
| 7501 | + | (c) Except as provided in subsection (d), an applicable high school shall comply with all rules of the15 |
---|
| 7502 | + | fire prevention and building safety commission applicable to the primary use of the building.16 |
---|
| 7503 | + | (d) The fire prevention and building commission may grant a variance under IC 22-13-2-11 to the rules17 |
---|
| 7504 | + | applicable to the primary use of the building necessary to implement this section.18 |
---|
| 7505 | + | SECTION 154. IC 20-40-2-1, AS AMENDED BY P.L.244-2017, SECTION 66, IS AMENDED TO19 |
---|
| 7506 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. As used in this chapter, "fund" refers to a20 |
---|
| 7507 | + | school corporation's or charter school's education fund established under section 2 of this chapter.21 |
---|
| 7508 | + | SECTION 155. IC 20-40-2-2, AS AMENDED BY P.L.244-2017, SECTION 67, IS AMENDED TO22 |
---|
| 7509 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) The governing body of each school23 |
---|
| 7510 | + | corporation shall establish an education fund for the payment of expenses that are allocated to student24 |
---|
| 7511 | + | instruction and learning under IC 20-42.5.25 |
---|
| 7512 | + | (b) The governing body of a charter school that receives a distribution of revenue received from26 |
---|
| 7513 | + | a tax levy under IC 20-46-8-11.2 shall establish an education fund for the payment of expenses that27 |
---|
| 7514 | + | are allocated to student instruction and learning under IC 20-42.5.28 |
---|
| 7515 | + | SECTION 156. IC 20-40-2-4, AS AMENDED BY P.L.140-2018, SECTION 12, IS AMENDED TO29 |
---|
| 7516 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. Except as provided in IC 36-1-8-5.1 (school30 |
---|
| 7517 | + | corporation rainy day fund), the education fund of the school corporation or charter school shall be31 |
---|
| 7518 | + | used only to pay for expenses allocated to student instruction and learning under IC 20-42.5. The fund32 |
---|
| 7519 | + | may not be used to pay directly any expenses that are not allocated to student instruction and learning33 |
---|
| 7520 | + | under IC 20-42.5 or expenses permitted to be paid from the school corporation's or charter school's34 |
---|
| 7521 | + | operations fund.35 |
---|
| 7522 | + | SECTION 157. IC 20-40-2-6, AS AMENDED BY P.L.139-2022, SECTION 19, IS AMENDED TO36 |
---|
| 7523 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) Each school corporation and charter37 |
---|
| 7524 | + | school shall make every reasonable effort to transfer not more than fifteen percent (15%) of the total38 |
---|
| 7525 | + | revenue deposited in the school corporation's or charter school's education fund from the school39 |
---|
| 7526 | + | corporation's or charter school's education fund to the school corporation's or charter school's40 |
---|
| 7527 | + | operations fund during a calendar year.41 |
---|
| 7528 | + | (b) Only after the transfer is authorized by the governing body in a public meeting with public notice,42 |
---|
| 7529 | + | money in the education fund may be transferred to the operations fund to cover expenditures that are not43 |
---|
| 7530 | + | allocated to student instruction and learning under IC 20-42.5. The amount transferred from the education44 |
---|
| 7531 | + | fund to the operations fund shall be reported by the school corporation or charter school to the45 |
---|
| 7532 | + | department. The transfers made during the:46 |
---|
| 7533 | + | (1) first six (6) months of each state fiscal year shall be reported before January 31 of the following47 |
---|
| 7534 | + | EH 1001—LS 7401/DI 125 |
---|
| 7535 | + | 146 year; and1 |
---|
| 7536 | + | (2) last six (6) months of each state fiscal year shall be reported before July 31 of that year.2 |
---|
| 7537 | + | (c) The report must include information as required by the department and in the form required by the3 |
---|
| 7538 | + | department.4 |
---|
| 7539 | + | (d) The department must post the report submitted under subsection (b) on the department's Internet5 |
---|
| 7540 | + | web site. website.6 |
---|
| 7541 | + | (e) Beginning in 2020, the department shall track for each school corporation or charter school7 |
---|
| 7542 | + | transfers from the school corporation's or charter school's education fund to its operations fund for the8 |
---|
| 7543 | + | preceding six (6) month period. Beginning in 2021, before March 1 of each year, the department shall9 |
---|
| 7544 | + | compile an excessive education fund transfer list comprised of all school corporations or charter schools10 |
---|
| 7545 | + | that transferred more than fifteen percent (15%) of the total revenue deposited in the school corporation's11 |
---|
| 7546 | + | or charter school's education fund from the school corporation's or charter school's education fund to12 |
---|
| 7547 | + | the school corporation's or charter school's operations fund during the immediately preceding calendar13 |
---|
| 7548 | + | year. A school corporation or charter school that is not included on the excessive education fund transfer14 |
---|
| 7549 | + | list is considered to have met the education fund transfer target percentage for the immediately preceding15 |
---|
| 7550 | + | calendar year.16 |
---|
| 7551 | + | SECTION 158. IC 20-40-9-7, AS AMENDED BY P.L.140-2018, SECTION 14, IS AMENDED TO17 |
---|
| 7552 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) Money in the fund may be used for18 |
---|
| 7553 | + | payment of all unreimbursed costs of curricular materials for the school corporation's students who were19 |
---|
| 7554 | + | eligible for free or reduced lunches in the previous school year.20 |
---|
| 7555 | + | (b) Money in the fund may not be used for payment of debt service, lease payments, or similar21 |
---|
| 7556 | + | obligations for a controlled project that is approved by the voters in a referendum under IC 6-1.1-20.22 |
---|
| 7557 | + | (c) The governing body may transfer the amount levied to cover unreimbursed costs of curricular23 |
---|
| 7558 | + | materials under this section to the curricular materials rental fund, the extracurricular account, or the24 |
---|
| 7559 | + | education fund.25 |
---|
| 7560 | + | SECTION 159. IC 20-40-18-1, AS ADDED BY P.L.244-2017, SECTION 86, IS AMENDED TO26 |
---|
| 7561 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) The governing body of each school27 |
---|
| 7562 | + | corporation shall create an operations fund to be used by the school corporation after December 31, 2018.28 |
---|
| 7563 | + | (b) The governing body of each charter school that receives a distribution of revenue received29 |
---|
| 7564 | + | from a tax levy under IC 20-46-8-11.2 shall create an operations fund to be used by the charter30 |
---|
| 7565 | + | school after December 31, 2023.31 |
---|
| 7566 | + | SECTION 160. IC 20-40-18-2, AS ADDED BY P.L.244-2017, SECTION 86, IS AMENDED TO32 |
---|
| 7567 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) The operations fund shall be used to33 |
---|
| 7568 | + | deposit the following after December 31, 2018, in the case of a school corporation:34 |
---|
| 7569 | + | (1) Revenue from the school corporation's operations fund property tax levy under IC 20-46-8.35 |
---|
| 7570 | + | (2) The sum of the following excise tax revenue received for deposit in the fund in the calendar year36 |
---|
| 7571 | + | in which the school year begins:37 |
---|
| 7572 | + | (A) Financial institutions excise tax (IC 6-5.5).38 |
---|
| 7573 | + | (B) Motor vehicle excise taxes (IC 6-6-5).39 |
---|
| 7574 | + | (C) Commercial vehicle excise taxes (IC 6-6-5.5).40 |
---|
| 7575 | + | (D) Boat excise tax (IC 6-6-11).41 |
---|
| 7576 | + | (E) Aircraft license excise tax (IC 6-6-6.5).42 |
---|
| 7577 | + | (3) Transfers from the education fund (IC 20-40-2) or the operating referendum tax levy fund (IC43 |
---|
| 7578 | + | 20-40-3), if any.44 |
---|
| 7579 | + | (4) Allocations of local income taxes to the school corporation under IC 6-3.6-6, if any.45 |
---|
| 7580 | + | (b) The operations fund shall be used to deposit amounts distributed to the charter school under46 |
---|
| 7581 | + | IC 20-46-8-11.2 after December 31, 2023.47 |
---|
| 7582 | + | EH 1001—LS 7401/DI 125 |
---|
| 7583 | + | 147 SECTION 161. IC 20-40-18-10.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO1 |
---|
| 7584 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10.5. (a) This section applies only to eligible2 |
---|
| 7585 | + | charter schools that receive amounts distributed under IC 20-46-8-11.2.3 |
---|
| 7586 | + | (b) For purposes of this section, "charter board" means the governing body of the organizer (as4 |
---|
| 7587 | + | defined in IC 20-24-1-7) of an eligible charter school.5 |
---|
| 7588 | + | (c) The operations fund may be used only to do the following:6 |
---|
| 7589 | + | (1) Carry out a capital projects plan under the following conditions:7 |
---|
| 7590 | + | (A) The plan must include all proposed expenditures that exceed ten thousand dollars8 |
---|
| 7591 | + | ($10,000) and are for:9 |
---|
| 7592 | + | (i) capital assets; or10 |
---|
| 7593 | + | (ii) projects that are considered capital in nature, including technology related projects.11 |
---|
| 7594 | + | (B) If a charter school wants to use money in the operations fund during the year to pay for12 |
---|
| 7595 | + | any items listed in clause (E) that are considered capital in nature, the charter board must13 |
---|
| 7596 | + | approve a plan following a public hearing. The charter school shall post the proposed plan14 |
---|
| 7597 | + | or proposed amended plan on the charter school's website before the hearing. The charter15 |
---|
| 7598 | + | school shall submit the proposed capital projects plan to the department of local16 |
---|
| 7599 | + | government finance's computer gateway at least ten (10) days before the public hearing.17 |
---|
| 7600 | + | The department of local government finance shall make the proposed plan available at least18 |
---|
| 7601 | + | ten (10) days before the hearing, through the department's computer gateway. If an19 |
---|
| 7602 | + | amendment to a capital projects plan is proposed, the charter board must declare the20 |
---|
| 7603 | + | nature of and need for the amendment in the plan amendment.21 |
---|
| 7604 | + | (C) If a charter board adopts a plan under clause (B), the charter school must then submit22 |
---|
| 7605 | + | the plan to the department of local government finance for inclusion on the department's23 |
---|
| 7606 | + | computer gateway not later than thirty (30) days after adoption of the plan. The24 |
---|
| 7607 | + | department of local government finance shall immediately make the proposed plan25 |
---|
| 7608 | + | available through the gateway website.26 |
---|
| 7609 | + | (D) This clause applies to an amendment to a plan that is required because of an emergency27 |
---|
| 7610 | + | that results in costs that exceed the amount accumulated in the fund for repair,28 |
---|
| 7611 | + | replacement, or site acquisition that is necessitated by an emergency. The charter board is29 |
---|
| 7612 | + | not required to comply with clause (C). If the charter board determines that an emergency30 |
---|
| 7613 | + | exists, the governing body may adopt an amendment to the plan. An amendment to a plan31 |
---|
| 7614 | + | is not subject to the deadline and procedures for adoption of a plan described in this32 |
---|
| 7615 | + | subdivision.33 |
---|
| 7616 | + | (E) This clause sets forth an exclusive list of the expenditures that may be made from the34 |
---|
| 7617 | + | operations fund under clause (B), as set forth in the charter board's plan or amended plan.35 |
---|
| 7618 | + | Subject to the expenditures that are identified in the charter school's plan or amended plan,36 |
---|
| 7619 | + | the operations fund shall be used for the following:37 |
---|
| 7620 | + | (i) Site acquisition.38 |
---|
| 7621 | + | (ii) Site development.39 |
---|
| 7622 | + | (iii) Building acquisition, construction, replacement, renovation, remodeling,40 |
---|
| 7623 | + | improvement, and maintenance, including building materials and employment services.41 |
---|
| 7624 | + | (iv) Rental of real estate, buildings, facilities, and equipment.42 |
---|
| 7625 | + | (v) To repair and replace buildings and to repair and replace building fixtures that are43 |
---|
| 7626 | + | owned or leased by the charter school and of a type constituting loss capable of being44 |
---|
| 7627 | + | covered by casualty insurance.45 |
---|
| 7628 | + | (vi) Purchase, lease, repair, or maintenance of equipment, including maintenance vehicles46 |
---|
| 7629 | + | to be used by the charter school. However, the fund may not be used to pay for the47 |
---|
| 7630 | + | purchase, lease, repair, or maintenance of vehicles that are not maintenance vehicles, or48 |
---|
| 7631 | + | EH 1001—LS 7401/DI 125 |
---|
| 7632 | + | 148 equipment to be used primarily for interscholastic or extracurricular activities.1 |
---|
| 7633 | + | (vii) Service contracts for janitorial and custodial services, maintenance services, snow2 |
---|
| 7634 | + | and ice removal services, trash removal services, mowing and lawn care services, pest3 |
---|
| 7635 | + | control services, and any other routine services normally required in the maintenance or4 |
---|
| 7636 | + | upkeep of charter school facilities.5 |
---|
| 7637 | + | (viii) Repair, replacement, or site acquisition that is necessitated by an emergency.6 |
---|
| 7638 | + | (ix) Construction, repair, replacement, remodeling, or maintenance of a school sports7 |
---|
| 7639 | + | facility.8 |
---|
| 7640 | + | (x) Utilities.9 |
---|
| 7641 | + | (xi) Property and casualty insurance.10 |
---|
| 7642 | + | (xii) Purchase, lease, upgrade, maintenance, or repair technology that will not be11 |
---|
| 7643 | + | allocated to student instruction and learning, to include computer hardware, computer12 |
---|
| 7644 | + | software, wiring and computer networks, and communication access systems used to13 |
---|
| 7645 | + | connect with computer networks or electronic gateways; services of full-time or part-time14 |
---|
| 7646 | + | computer maintenance employees; conducting nonrecurring inservice technology training15 |
---|
| 7647 | + | of school employees; implementing the technology preparation curriculum; participating16 |
---|
| 7648 | + | in a program to provide educational technologies, including computers in the homes of17 |
---|
| 7649 | + | students (commonly referred to as "the buddy system project") under IC 20-20-13-6, the18 |
---|
| 7650 | + | 4R's technology program, or any other program under the educational technology19 |
---|
| 7651 | + | program described in IC 20-20-13; and obtaining any combination of equipment or20 |
---|
| 7652 | + | services in the preceding two (2) categories of this item.21 |
---|
| 7653 | + | (xiii) Services of charter school employees who perform services considered to be a skilled22 |
---|
| 7654 | + | trade by the United States Department of Labor, Employment and Training23 |
---|
| 7655 | + | Administration. For purposes of this item, skilled trade services do not include janitorial24 |
---|
| 7656 | + | or comparable routine services normally provided in the daily operation of school25 |
---|
| 7657 | + | facilities or equipment. Payment may be made for employee services only if the employees26 |
---|
| 7658 | + | perform construction of, renovation of, remodeling of, repair of, or maintenance on the27 |
---|
| 7659 | + | facilities and equipment of the charter school.28 |
---|
| 7660 | + | (2) Pay transportation costs under the following conditions:29 |
---|
| 7661 | + | (A) A charter school shall use the operations fund to pay the transportation costs30 |
---|
| 7662 | + | attributable to transportation of school children as specified in clause (B).31 |
---|
| 7663 | + | (B) Only the following costs are payable from the fund:32 |
---|
| 7664 | + | (i) Salaries paid to bus drivers, transportation supervisors, mechanics and garage33 |
---|
| 7665 | + | employees, clerks, and other transportation related employees.34 |
---|
| 7666 | + | (ii) Contracted transportation services.35 |
---|
| 7667 | + | (iii) Wages of independent contractors.36 |
---|
| 7668 | + | (iv) Contracts with common carriers.37 |
---|
| 7669 | + | (v) Student fares.38 |
---|
| 7670 | + | (vi) Transportation related insurance.39 |
---|
| 7671 | + | (vii) Other expenses of operating the school corporation's transportation service,40 |
---|
| 7672 | + | including gasoline, lubricants, tires, repairs, contracted repairs, parts, supplies,41 |
---|
| 7673 | + | equipment, and other related expenses.42 |
---|
| 7674 | + | (C) Percentages or parts of salaries of teaching personnel or principals are not attributable43 |
---|
| 7675 | + | to transportation. However, parts of salaries of instructional aides who are assigned to44 |
---|
| 7676 | + | assist with the school transportation program are attributable to transportation. The costs45 |
---|
| 7677 | + | described in this clause (other than instructional aide costs) may not be budgeted for46 |
---|
| 7678 | + | payment or paid from the fund.47 |
---|
| 7679 | + | (D) Costs for a calendar year are those costs attributable to transportation for students48 |
---|
| 7680 | + | EH 1001—LS 7401/DI 125 |
---|
| 7681 | + | 149 during the school year ending in the calendar year.1 |
---|
| 7682 | + | (3) Carry out a school bus replacement plan approved by the charter school board under the2 |
---|
| 7683 | + | following conditions:3 |
---|
| 7684 | + | (A) Before a charter school may use money in the operations fund for replacing school4 |
---|
| 7685 | + | buses, a resolution approving the school bus replacement plan or amended plan must be5 |
---|
| 7686 | + | submitted to the department of local government finance.6 |
---|
| 7687 | + | (B) The department of local government finance shall prescribe the format of the plan. A7 |
---|
| 7688 | + | plan must apply to at least the five (5) budget years immediately following the year the plan8 |
---|
| 7689 | + | is adopted and include at least an estimate for each year to which it applies of the nature9 |
---|
| 7690 | + | and amount of proposed expenditures from the fund, and if the school corporation is10 |
---|
| 7691 | + | seeking to acquire or contract for transportation services that will provide additional school11 |
---|
| 7692 | + | buses or school buses with a larger seating capacity as compared with the number and type12 |
---|
| 7693 | + | of school buses from the prior school year, evidence of a demand for increased13 |
---|
| 7694 | + | transportation services within the school corporation. However, the evidence requirement14 |
---|
| 7695 | + | regarding a contract for transportation services does not apply if contracted transportation15 |
---|
| 7696 | + | services are not paid from the fund.16 |
---|
| 7697 | + | (C) If the charter school is seeking to require a contractor to replace a school bus, evidence17 |
---|
| 7698 | + | that the need exists for the replacement of the school bus. This clause does not apply if18 |
---|
| 7699 | + | contracted transportation services are not paid from the operations fund.19 |
---|
| 7700 | + | (D) Evidence that the charter school that seeks to acquire additional school buses under this20 |
---|
| 7701 | + | subdivision is acquiring or contracting for the school buses only for the purposes specified21 |
---|
| 7702 | + | in clause (B) or for replacement purposes.22 |
---|
| 7703 | + | (E) If a charter school wants to use money in the operations fund during the year to pay for23 |
---|
| 7704 | + | school bus replacement, the governing body must adopt a resolution approving the bus24 |
---|
| 7705 | + | replacement plan or amended plan. The charter school shall post the proposed plan or25 |
---|
| 7706 | + | proposed amended plan on the charter school's website before the hearing. The governing26 |
---|
| 7707 | + | body must hold a hearing on the adoption of the plan. The charter school shall submit the27 |
---|
| 7708 | + | proposed school bus replacement plan or amended plan to the department of local28 |
---|
| 7709 | + | government finance's computer gateway at least ten (10) days before the hearing on the29 |
---|
| 7710 | + | adoption of the plan. The department of local government finance shall make the proposed30 |
---|
| 7711 | + | plan available to taxpayers, at least ten (10) days before the hearing, through the31 |
---|
| 7712 | + | department's computer gateway. If an amendment to a bus replacement plan is being32 |
---|
| 7713 | + | proposed, the charter school must declare the nature of and the need for the amendment33 |
---|
| 7714 | + | in the resolution to adopt the amendment to the plan.34 |
---|
| 7715 | + | (4) Pay expenses that are allocated to overhead and operational expenditures.35 |
---|
| 7716 | + | (5) Establish, maintain, and equip a public playground.36 |
---|
| 7717 | + | SECTION 162. IC 20-40-18-11, AS ADDED BY P.L.244-2017, SECTION 86, IS AMENDED TO37 |
---|
| 7718 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. (a) Only after the transfer is authorized by38 |
---|
| 7719 | + | the governing body in a public meeting with public notice, money in the operations fund may be39 |
---|
| 7720 | + | transferred to the education fund to cover expenditures that are allocated to student instruction and40 |
---|
| 7721 | + | learning under IC 20-42.5. The amount transferred from the operations fund to the education fund shall41 |
---|
| 7722 | + | be reported by the school corporation or charter school to the department. The transfers made during the:42 |
---|
| 7723 | + | (1) first six (6) months of each state fiscal year shall be reported before January 31 of the following43 |
---|
| 7724 | + | year; and44 |
---|
| 7725 | + | (2) last six (6) months of each state fiscal year shall be reported before July 31 of that year.45 |
---|
| 7726 | + | (b) The report must include a description of each purpose for which a transfer was made and the46 |
---|
| 7727 | + | amount of the transfer that corresponded to each purpose.47 |
---|
| 7728 | + | (c) The department must post the report submitted under subsection (a) on the department's Internet48 |
---|
| 7729 | + | EH 1001—LS 7401/DI 125 |
---|
| 7730 | + | 150 web site. website.1 |
---|
| 7731 | + | SECTION 163. IC 20-40-22 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO2 |
---|
| 7732 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]:3 |
---|
| 7733 | + | Chapter 22. Curricular Materials Fund4 |
---|
| 7734 | + | Sec. 1. As used in this chapter, "accredited nonpublic school" means a nonpublic school that:5 |
---|
| 7735 | + | (1) has voluntarily become accredited under IC 20-31-4.1; or6 |
---|
| 7736 | + | (2) is accredited by a national or regional accrediting agency that is recognized by the state7 |
---|
| 7737 | + | board of education.8 |
---|
| 7738 | + | Sec. 2. As used in this chapter, "eligible student" means a child or an emancipated minor:9 |
---|
| 7739 | + | (1) who is enrolled in an accredited nonpublic school in kindergarten or grades 1 through 12;10 |
---|
| 7740 | + | and11 |
---|
| 7741 | + | (2) in the case of:12 |
---|
| 7742 | + | (A) a child, whose parent meets; or13 |
---|
| 7743 | + | (B) an emancipated minor, meets;14 |
---|
| 7744 | + | the financial eligibility standard under IC 20-33-5.15 |
---|
| 7745 | + | Sec. 3. As used in this chapter, "fund" refers to the curricular materials fund established by16 |
---|
| 7746 | + | section 5 of this chapter.17 |
---|
| 7747 | + | Sec. 4. As used in this chapter, "public school" means a:18 |
---|
| 7748 | + | (1) school maintained by a school corporation; or19 |
---|
| 7749 | + | (2) charter school.20 |
---|
| 7750 | + | Sec. 5. (a) The curricular materials fund is established. The department shall administer the21 |
---|
| 7751 | + | fund. The purpose of the fund is to provide funding for:22 |
---|
| 7752 | + | (1) state advancements or reimbursements of costs incurred by public schools to provide23 |
---|
| 7753 | + | curricular materials to students at no cost as required under IC 20-26-12-1; and24 |
---|
| 7754 | + | (2) reimbursements of costs incurred by a parent of an eligible student, or an eligible student,25 |
---|
| 7755 | + | for curricular materials as provided under IC 20-33-5-9.26 |
---|
| 7756 | + | (b) The fund consists of the following:27 |
---|
| 7757 | + | (1) Appropriations by the general assembly.28 |
---|
| 7758 | + | (2) Donations.29 |
---|
| 7759 | + | (3) Federal grants or other federal appropriations.30 |
---|
| 7760 | + | (4) Interest and other earnings derived from investment of money in the fund.31 |
---|
| 7761 | + | (c) The treasurer of state shall invest money in the fund not currently needed to meet the32 |
---|
| 7762 | + | obligations of the fund in the same manner as other public money may be invested. Interest that33 |
---|
| 7763 | + | accrues from these investments must be deposited in the fund.34 |
---|
| 7764 | + | (d) Money in the fund is continually appropriated for the purposes of this chapter.35 |
---|
| 7765 | + | (e) Money in the fund may not be used for the costs of administering this chapter.36 |
---|
| 7766 | + | Sec. 6. Money in the fund may be used only for the:37 |
---|
| 7767 | + | (1) advancement of costs or reimbursement of expenditures incurred by a public school to38 |
---|
| 7768 | + | purchase curricular materials that are provided to each student at no cost as required by39 |
---|
| 7769 | + | IC 20-26-12-1; and40 |
---|
| 7770 | + | (2) reimbursements of costs incurred by a parent of an eligible student, or an eligible student41 |
---|
| 7771 | + | for curricular materials as provided under IC 20-33-5-9.42 |
---|
| 7772 | + | Sec. 7. The department shall annually determine an average cost amount per student for43 |
---|
| 7773 | + | curricular materials to determine the distribution amount under this chapter. The amount44 |
---|
| 7774 | + | determined by the department under this section must be identical for all students of public schools45 |
---|
| 7775 | + | and eligible students.46 |
---|
| 7776 | + | Sec. 8. (a) The department shall annually determine the total distribution amount from the fund47 |
---|
| 7777 | + | in a state fiscal year.48 |
---|
| 7778 | + | EH 1001—LS 7401/DI 125 |
---|
| 7779 | + | 151 (b) Beginning July 15, 2023, and July 15 each year thereafter, the department shall distribute1 |
---|
| 7780 | + | from the fund to each public school and each accredited nonpublic school from which a2 |
---|
| 7781 | + | reimbursement request was received under IC 20-33-5-9 an amount equal to:3 |
---|
| 7782 | + | (1) the average cost amount per student for curricular materials as determined under section4 |
---|
| 7783 | + | 7 of this chapter; multiplied by5 |
---|
| 7784 | + | (2) in the case of:6 |
---|
| 7785 | + | (A) a public school, the fall count of ADM for the public school; and7 |
---|
| 7786 | + | (B) an accredited nonpublic school, the number of eligible students for whom a request for8 |
---|
| 7787 | + | reimbursement was submitted under IC 20-33-5-9.9 |
---|
| 7788 | + | (c) If the total distribution amount from the fund is less than the amount needed to pay the cost10 |
---|
| 7789 | + | of all curricular materials provided and the cost of reimbursements under this chapter, the11 |
---|
| 7790 | + | department shall make distributions from the fund to each public school and each applicable12 |
---|
| 7791 | + | accredited nonpublic school based on the cost of curricular materials per student as determined13 |
---|
| 7792 | + | under section 7 of this chapter on a pro rata basis.14 |
---|
| 7793 | + | 15 Sec. 9. Each public school shall establish a separate curricular materials account for the purpose |
---|
| 7794 | + | 16of receiving distributions under this chapter, amounts received from the rental of curricular |
---|
| 7795 | + | 17materials to nonpublic schools, and fees collected under IC 20-26-12-1(b) for lost or significantly |
---|
| 7796 | + | 18damaged curricular materials. A public school that receives a distribution of money from the |
---|
| 7797 | + | 19curricular materials fund under this chapter shall deposit the distributed amount in the public |
---|
| 7798 | + | 20school's curricular materials account. Money in the account may be used only for the costs of |
---|
| 7799 | + | curricular materials.21 |
---|
| 7800 | + | SECTION 164. IC 20-41-1-2, AS AMENDED BY P.L.238-2019, SECTION 16, IS AMENDED TO22 |
---|
| 7801 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. Any self-supporting programs maintained23 |
---|
| 7802 | + | by a school corporation, including24 |
---|
| 7803 | + | (1) school lunch, and25 |
---|
| 7804 | + | (2) rental or sale of curricular materials;26 |
---|
| 7805 | + | may be established as a separate funds, fund, separate and apart from any other school corporation fund,27 |
---|
| 7806 | + | if no local tax rate is established for the programs.28 |
---|
| 7807 | + | SECTION 165. IC 20-41-2-2 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 2. Each township29 |
---|
| 7808 | + | trustee in operating a curricular materials rental program may use either of the following accounting30 |
---|
| 7809 | + | methods:31 |
---|
| 7810 | + | (1) The township trustee may supervise and control the program through its school corporation32 |
---|
| 7811 | + | account by establishing a curricular materials rental fund.33 |
---|
| 7812 | + | (2) If curricular materials have not been purchased and financial commitments or guarantees for the34 |
---|
| 7813 | + | purchases have not been made by the school corporation, the township trustee may have the program35 |
---|
| 7814 | + | operated by the individual schools of the school corporation through the school corporation's36 |
---|
| 7815 | + | extracurricular account or accounts under IC 20-41-1.37 |
---|
| 7816 | + | SECTION 166. IC 20-41-2-3, AS AMENDED BY P.L.286-2013, SECTION 121, IS AMENDED TO38 |
---|
| 7817 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) If a school lunch fund is established39 |
---|
| 7818 | + | under section 1 of this chapter, or a curricular materials rental fund is established under section 2 of this40 |
---|
| 7819 | + | chapter, the receipts and expenditures for each the program shall be made to and from the proper fund41 |
---|
| 7820 | + | without appropriation or the application of other laws relating to the budgets of local governmental units.42 |
---|
| 7821 | + | (b) If either a school lunch program or both programs under sections section 1 and 2 of this chapter43 |
---|
| 7822 | + | are is operated through the extracurricular account, the township trustee shall approve the amount of the44 |
---|
| 7823 | + | bond of the treasurer of the extracurricular account in an amount the township trustee considers necessary45 |
---|
| 7824 | + | to protect the account for all funds coming into the hands of the treasurer.46 |
---|
| 7825 | + | SECTION 167. IC 20-41-2-5, AS AMENDED BY P.L.140-2018, SECTION 18, IS AMENDED TO47 |
---|
| 7826 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) A governing body in operating a48 |
---|
| 7827 | + | EH 1001—LS 7401/DI 125 |
---|
| 7828 | + | 152 curricular materials rental program under IC 20-26-5-4(a)(12) may use either of the following accounting1 |
---|
| 7829 | + | methods:2 |
---|
| 7830 | + | (1) The governing body may supervise and control the program through the school corporation's3 |
---|
| 7831 | + | curricular materials rental fund or education fund.4 |
---|
| 7832 | + | (2) If curricular materials have not been purchased and financial commitments or guarantees for the5 |
---|
| 7833 | + | purchases have not been made by the school corporation, the governing body may cause the program6 |
---|
| 7834 | + | to be operated by the individual schools of the school corporation through the school corporation's7 |
---|
| 7835 | + | extracurricular account or accounts in accordance with IC 20-41-1.8 |
---|
| 7836 | + | (b) If the governing body determines that a hardship exists due to the inability of a student's family or9 |
---|
| 7837 | + | an emancipated minor to purchase or rent pay any required fees or a reasonable fee for lost or10 |
---|
| 7838 | + | significantly damaged curricular materials, taking into consideration the income of the family or the11 |
---|
| 7839 | + | emancipated minor and the demands on the family or emancipated minor, the governing body may12 |
---|
| 7840 | + | furnish curricular materials to the student without charge, without reference to the application of any other13 |
---|
| 7841 | + | statute or rule except IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1. waive14 |
---|
| 7842 | + | the fee.15 |
---|
| 7843 | + | SECTION 168. IC 20-41-2-6, AS AMENDED BY P.L.244-2017, SECTION 89, IS AMENDED TO16 |
---|
| 7844 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) If a school lunch fund is established17 |
---|
| 7845 | + | under section 4 of this chapter and the school corporation's education fund is used under section 5 of this18 |
---|
| 7846 | + | chapter, the receipts and expenditures from a fund for the program to which the fund relates shall be made19 |
---|
| 7847 | + | to and from the appropriate fund without appropriation or the application of other statutes and rules20 |
---|
| 7848 | + | relating to the budgets of municipal corporations.21 |
---|
| 7849 | + | (b) If either the lunch program or the curricular materials rental program is handled through the22 |
---|
| 7850 | + | extracurricular account, the governing body of the school corporation shall approve the amount of the23 |
---|
| 7851 | + | bond of the treasurer of the extracurricular account in an amount the governing body considers sufficient24 |
---|
| 7852 | + | to protect the account for all funds coming into the hands of the treasurer of the account.25 |
---|
| 7853 | + | SECTION 169. IC 20-42-3-10, AS AMENDED BY P.L.286-2013, SECTION 124, IS AMENDED TO26 |
---|
| 7854 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. The trustee, with the advice and consent27 |
---|
| 7855 | + | of the township board, shall use the account for the following educational purposes:28 |
---|
| 7856 | + | (1) Each year the trustee shall pay, to the parent or legal guardian of any child or emancipated29 |
---|
| 7857 | + | minor whose residence is within the township, the initial cost for the rental of curricular materials30 |
---|
| 7858 | + | used in any elementary or secondary school that has been accredited by the state. The reimbursement31 |
---|
| 7859 | + | for the rental of curricular materials shall be for the initial yearly rental charge only. the following:32 |
---|
| 7860 | + | (A) Any reasonable fees for lost or significantly damaged curricular materials used in any33 |
---|
| 7861 | + | elementary or secondary school that has been accredited by the state. However, a34 |
---|
| 7862 | + | reimbursement under this subdivision may only be made one (1) time to the parent or35 |
---|
| 7863 | + | guardian of any particular child or any particular emancipated minor. Curricular materials36 |
---|
| 7864 | + | subsequently lost or destroyed may not be paid for from this account.37 |
---|
| 7865 | + | (B) Any other required class fees, that are not curricular materials, used in any elementary38 |
---|
| 7866 | + | or secondary school that has been accredited by the state.39 |
---|
| 7867 | + | (2) Students who are residents of the township for the last two (2) years of their secondary education40 |
---|
| 7868 | + | and who still reside within the township are entitled to receive financial assistance in an amount not41 |
---|
| 7869 | + | to exceed an amount determined by the trustee and the township board during an annual review of42 |
---|
| 7870 | + | postsecondary education fees and tuition costs of education at any accredited postsecondary43 |
---|
| 7871 | + | educational institution. Amounts to be paid to each eligible student shall be set annually after this44 |
---|
| 7872 | + | review. The amount paid each year must be:45 |
---|
| 7873 | + | (A) equitable for every eligible student without regard to race, religion, creed, sex, disability, or46 |
---|
| 7874 | + | national origin; and47 |
---|
| 7875 | + | EH 1001—LS 7401/DI 125 |
---|
| 7876 | + | 153 (B) based on the number of students and the amount of funds available each year.1 |
---|
| 7877 | + | (3) A person who has been a permanent resident of the township continuously for at least two (2)2 |
---|
| 7878 | + | years and who needs educational assistance for job training or retraining may apply to the trustee3 |
---|
| 7879 | + | of the township for financial assistance. The trustee and the township board shall review each4 |
---|
| 7880 | + | application and make assistance available according to the need of each applicant and the5 |
---|
| 7881 | + | availability of funds.6 |
---|
| 7882 | + | (4) If all the available funds are not used in any one (1) year, the unused funds shall be retained in7 |
---|
| 7883 | + | the account by the trustee for use in succeeding years.8 |
---|
| 7884 | + | SECTION 170. IC 20-43-1-1, AS AMENDED BY P.L.165-2021, SECTION 158, IS AMENDED TO9 |
---|
| 7885 | + | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 1. This article expires June 30, 2023. 2025.10 |
---|
| 7886 | + | SECTION 171. IC 20-43-1-3 IS REPEALED [EFFECTIVE JUNE 29, 2023]. Sec. 3. "Honors11 |
---|
| 7887 | + | designation award" refers to the amount determined under IC 20-43-10-2.12 |
---|
| 7888 | + | SECTION 172. IC 20-43-1-14.5 IS REPEALED [EFFECTIVE JUNE 29, 2023]. Sec. 14.5. This section13 |
---|
| 7889 | + | applies after June 30, 2018. "High value program" means a career and technical education program that14 |
---|
| 7890 | + | the department of workforce development recognizes as:15 |
---|
| 7891 | + | (1) having a high employment demand and a high average wage level;16 |
---|
| 7892 | + | (2) having a moderate employment demand and a high average wage level; or17 |
---|
| 7893 | + | (3) having a high employment demand and a moderate average wage level.18 |
---|
| 7894 | + | SECTION 173. IC 20-43-1-15.5 IS REPEALED [EFFECTIVE JUNE 29, 2023]. Sec. 15.5. This section19 |
---|
| 7895 | + | applies after June 30, 2018. "Less than moderate value program" means a career and technical education20 |
---|
| 7896 | + | program that the department of workforce development recognizes as:21 |
---|
| 7897 | + | (1) having a low employment demand and a low average wage level;22 |
---|
| 7898 | + | (2) having a moderate employment demand and a low average wage level; or23 |
---|
| 7899 | + | (3) having a low employment demand and a moderate average wage level.24 |
---|
| 7900 | + | SECTION 174. IC 20-43-1-16.5 IS REPEALED [EFFECTIVE JUNE 29, 2023]. Sec. 16.5. This section25 |
---|
| 7901 | + | applies after June 30, 2018. "Moderate value program" means a career and technical education program26 |
---|
| 7902 | + | that the department of workforce development recognizes as:27 |
---|
| 7903 | + | (1) having a moderate employment demand and a moderate average wage level;28 |
---|
| 7904 | + | (2) having a high employment demand and a low average wage level; or29 |
---|
| 7905 | + | (3) having a low employment demand and a high average wage level.30 |
---|
| 7906 | + | SECTION 175. IC 20-43-1-30 IS REPEALED [EFFECTIVE JUNE 29, 2023]. Sec. 30. "Career and31 |
---|
| 7907 | + | technical education grant" refers to the amount determined under IC 20-43-8-12 as adjusted under32 |
---|
| 7908 | + | IC 20-43-8-10.33 |
---|
| 7909 | + | SECTION 176. IC 20-43-2-3, AS AMENDED BY P.L.10-2019, SECTION 89, IS AMENDED TO34 |
---|
| 7910 | + | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 3. In determining the total amount to be35 |
---|
| 7911 | + | distributed for purposes of section 2 of this chapter, distributions:36 |
---|
| 7912 | + | (1) as basic tuition support;37 |
---|
| 7913 | + | (2) for honors designation awards;38 |
---|
| 7914 | + | (3) (2) for special education grants;39 |
---|
| 7915 | + | (4) for career and technical education grants;40 |
---|
| 7916 | + | (3) for non-English speaking program grants;41 |
---|
| 7917 | + | (5) (4) for choice scholarships; and42 |
---|
| 7918 | + | (6) (5) for Mitch Daniels early graduation scholarships;43 |
---|
| 7919 | + | are to be considered for a particular state fiscal year.44 |
---|
| 7920 | + | SECTION 177. IC 20-43-3-8, AS AMENDED BY P.L.165-2021, SECTION 160, IS AMENDED TO45 |
---|
| 7921 | + | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 8. A school corporation's foundation amount46 |
---|
| 7922 | + | is the following:47 |
---|
| 7923 | + | EH 1001—LS 7401/DI 125 |
---|
| 7924 | + | 154 (1) Five thousand nine hundred ninety-five dollars ($5,995) for the state fiscal year beginning July1 |
---|
| 7925 | + | 1, 2021.2 |
---|
| 7926 | + | (2) Six thousand two hundred thirty-five dollars ($6,235) for the state fiscal year beginning July 1,3 |
---|
| 7927 | + | 2022.4 |
---|
| 7928 | + | (1) Six thousand six hundred seventy-eight dollars ($6,678) for the state fiscal year beginning5 |
---|
| 7929 | + | July 1, 2023.6 |
---|
| 7930 | + | (2) Six thousand nine hundred thirty-seven dollars ($6,937) for the state fiscal year beginning7 |
---|
| 7931 | + | July 1, 2024.8 |
---|
| 7932 | + | SECTION 178. IC 20-43-4-1, AS AMENDED BY P.L.165-2021, SECTION 161, IS AMENDED TO9 |
---|
| 7933 | + | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 1. (a) An individual is an eligible pupil if the10 |
---|
| 7934 | + | individual is a pupil enrolled in a school corporation and:11 |
---|
| 7935 | + | (1) the school corporation has the responsibility to educate the pupil in its public schools without12 |
---|
| 7936 | + | the payment of tuition;13 |
---|
| 7937 | + | (2) subject to subdivision (6), the school corporation has the responsibility to pay transfer tuition14 |
---|
| 7938 | + | under IC 20-26-11 because the pupil is:15 |
---|
| 7939 | + | (A) transferred for education to another school corporation; or16 |
---|
| 7940 | + | (B) placed in an out-of-state institution or facility by or with the consent of the department of17 |
---|
| 7941 | + | child services;18 |
---|
| 7942 | + | (3) the pupil is enrolled in a school corporation as a transfer student under IC 20-26-11-6 or entitled19 |
---|
| 7943 | + | to be counted for ADM purposes as a resident of the school corporation when attending its schools20 |
---|
| 7944 | + | under any other applicable law or regulation;21 |
---|
| 7945 | + | (4) the pupil is twenty-two (22) years of age or less;22 |
---|
| 7946 | + | (5) the state is responsible for the payment of transfer tuition to the school corporation for the pupil23 |
---|
| 7947 | + | under IC 20-26-11; or24 |
---|
| 7948 | + | (6) all of the following apply:25 |
---|
| 7949 | + | (A) The school corporation is a transferee corporation.26 |
---|
| 7950 | + | (B) The pupil does not qualify as a qualified pupil in the transferee corporation under subdivision27 |
---|
| 7951 | + | (3) or (5).28 |
---|
| 7952 | + | (C) The transferee corporation's attendance area includes a state licensed private or public health29 |
---|
| 7953 | + | care facility or child care facility where the pupil was placed:30 |
---|
| 7954 | + | (i) by or with the consent of the department of child services;31 |
---|
| 7955 | + | (ii) by a court order;32 |
---|
| 7956 | + | (iii) by a child placing agency licensed by the department of child services;33 |
---|
| 7957 | + | (iv) by a parent or guardian under IC 20-26-11-8; or34 |
---|
| 7958 | + | (v) by or with the consent of the department under IC 20-35-6-2.35 |
---|
| 7959 | + | (b) For purposes of a career and technical education grant, an eligible pupil includes a student enrolled36 |
---|
| 7960 | + | in a charter school.37 |
---|
| 7961 | + | SECTION 179. IC 20-43-4-4.6 IS REPEALED [EFFECTIVE JUNE 29, 2023]. Sec. 4.6. IC 20-43-8-138 |
---|
| 7962 | + | applies to a count of students for career and technical education grants.39 |
---|
| 7963 | + | SECTION 180. IC 20-43-6-3, AS AMENDED BY P.L.165-2021, SECTION 164, IS AMENDED TO40 |
---|
| 7964 | + | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 3. (a) A school corporation's basic tuition41 |
---|
| 7965 | + | support for a state fiscal year is the amount determined under the applicable provision of this section.42 |
---|
| 7966 | + | (b) This subsection applies to a school corporation that does not have any students in the school43 |
---|
| 7967 | + | corporation's current ADM for the year for whom, of the instructional services that the students receive44 |
---|
| 7968 | + | from the school corporation, at least fifty percent (50%) is virtual instruction. The school corporation's45 |
---|
| 7969 | + | basic tuition support for a state fiscal year is equal to the result using amount determined under STEP46 |
---|
| 7970 | + | FOUR of the following formula:47 |
---|
| 7971 | + | STEP ONE: Multiply the foundation amount by the school corporation's current ADM.48 |
---|
| 7972 | + | EH 1001—LS 7401/DI 125 |
---|
| 7973 | + | 155 STEP TWO: Multiply the school corporation's complexity index by: three thousand seven hundred1 |
---|
| 7974 | + | seventy-five dollars ($3,775).2 |
---|
| 7975 | + | (A) for the state fiscal year beginning July 1, 2023, four thousand one hundred forty dollars3 |
---|
| 7976 | + | ($4,140); and4 |
---|
| 7977 | + | (B) for the state fiscal year beginning July 1, 2024, four thousand three hundred one dollars5 |
---|
| 7978 | + | ($4,301).6 |
---|
| 7979 | + | STEP THREE: Multiply the STEP TWO amount by the school corporation's current ADM.7 |
---|
| 7980 | + | STEP FOUR: Determine the sum of the STEP ONE amount and the STEP THREE amount.8 |
---|
| 7981 | + | (c) This subsection applies to a school corporation that has students in the school corporation's current9 |
---|
| 7982 | + | ADM for the year for whom, of the instructional services that the students receive from the school10 |
---|
| 7983 | + | corporation, at least fifty percent (50%) is virtual instruction. The school corporation's basic tuition11 |
---|
| 7984 | + | support for a state fiscal year is equal to the result using amount determined under STEP SEVEN of12 |
---|
| 7985 | + | the following formula:13 |
---|
| 7986 | + | STEP ONE: Determine the total number of students in the school corporation's current ADM for the14 |
---|
| 7987 | + | year for whom, of the instructional services that the students receive from the school corporation,15 |
---|
| 7988 | + | at least fifty percent (50%) is virtual instruction.16 |
---|
| 7989 | + | STEP TWO: Determine the result of the school corporation's current ADM for the year minus the17 |
---|
| 7990 | + | STEP ONE amount.18 |
---|
| 7991 | + | STEP THREE: Determine the result of:19 |
---|
| 7992 | + | (A) the foundation amount; multiplied by20 |
---|
| 7993 | + | (B) the STEP TWO amount.21 |
---|
| 7994 | + | STEP FOUR: Determine the result of:22 |
---|
| 7995 | + | (A) the STEP ONE amount; multiplied by23 |
---|
| 7996 | + | (B) eighty-five percent (85%) of the foundation amount.24 |
---|
| 7997 | + | STEP FIVE: Multiply the school corporation's complexity index by: three thousand seven hundred25 |
---|
| 7998 | + | seventy-five dollars ($3,775).26 |
---|
| 7999 | + | (A) for the state fiscal year beginning July 1, 2023, four thousand one hundred forty dollars27 |
---|
| 8000 | + | ($4,140); and28 |
---|
| 8001 | + | (B) for the state fiscal year beginning July 1, 2024, four thousand three hundred one dollars29 |
---|
| 8002 | + | ($4,301).30 |
---|
| 8003 | + | STEP SIX: Multiply the STEP FIVE amount by the school corporation's current ADM.31 |
---|
| 8004 | + | STEP SEVEN: Determine the sum of the STEP THREE amount, the STEP FOUR amount,32 |
---|
| 8005 | + | and the STEP SIX amount.33 |
---|
| 8006 | + | SECTION 181. IC 20-43-7-6, AS AMENDED BY P.L.165-2021, SECTION 165, IS AMENDED TO34 |
---|
| 8007 | + | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 6. A school corporation's special education35 |
---|
| 8008 | + | grant for a state fiscal year is equal to the sum of the following:36 |
---|
| 8009 | + | (1) The nonduplicated count of pupils in programs for severe disabilities multiplied by the following:37 |
---|
| 8010 | + | (A) Nine thousand six hundred fourteen dollars ($9,614) for the state fiscal year beginning July38 |
---|
| 8011 | + | 1, 2021.39 |
---|
| 8012 | + | (B) Ten thousand five hundred seventy-five dollars ($10,575) for the state fiscal year beginning40 |
---|
| 8013 | + | July 1, 2022.41 |
---|
| 8014 | + | (A) Eleven thousand six hundred thirty-three dollars ($11,633) for the state fiscal year42 |
---|
| 8015 | + | beginning July 1, 2023.43 |
---|
| 8016 | + | (B) Twelve thousand seven hundred ninety-six dollars ($12,796) for the state fiscal year44 |
---|
| 8017 | + | beginning July 1, 2024.45 |
---|
| 8018 | + | (2) The nonduplicated count of pupils in programs of mild and moderate disabilities multiplied by46 |
---|
| 8019 | + | the following:47 |
---|
| 8020 | + | (A) Two thousand four hundred fifteen dollars ($2,415) for the state fiscal year beginning July48 |
---|
| 8021 | + | EH 1001—LS 7401/DI 125 |
---|
| 8022 | + | 156 1, 2021.1 |
---|
| 8023 | + | (B) Two thousand six hundred fifty-seven dollars ($2,657) for the state fiscal year beginning July2 |
---|
| 8024 | + | 1, 2022.3 |
---|
| 8025 | + | (A) Two thousand nine hundred twenty-three dollars ($2,923) for the state fiscal year4 |
---|
| 8026 | + | beginning July 1, 2023.5 |
---|
| 8027 | + | (B) Three thousand two hundred fifteen dollars ($3,215) for the state fiscal year beginning6 |
---|
| 8028 | + | July 1, 2024.7 |
---|
| 8029 | + | (3) The duplicated count of pupils in programs for communication disorders multiplied by five8 |
---|
| 8030 | + | hundred dollars ($500).9 |
---|
| 8031 | + | (4) The cumulative count of pupils in homebound programs multiplied by five hundred dollars10 |
---|
| 8032 | + | ($500).11 |
---|
| 8033 | + | (5) The nonduplicated count of pupils in special preschool education programs multiplied by the12 |
---|
| 8034 | + | following:13 |
---|
| 8035 | + | (A) Three thousand one hundred fifty dollars ($3,150) for the state fiscal year beginning July 1,14 |
---|
| 8036 | + | 2021.15 |
---|
| 8037 | + | (B) Three thousand four hundred sixty-five dollars ($3,465) for the state fiscal year beginning16 |
---|
| 8038 | + | July 1, 2022.17 |
---|
| 8039 | + | (A) Three thousand eight hundred twelve dollars ($3,812) for the state fiscal year beginning18 |
---|
| 8040 | + | July 1, 2023.19 |
---|
| 8041 | + | (B) Four thousand one hundred ninety-three dollars ($4,193) for the state fiscal year20 |
---|
| 8042 | + | beginning July 1, 2024.21 |
---|
| 8043 | + | SECTION 182. IC 20-43-8 IS REPEALED [EFFECTIVE JUNE 29, 2023]. (Career and Technical22 |
---|
| 8044 | + | Education Grants).23 |
---|
| 8045 | + | SECTION 183. IC 20-43-10-2 IS REPEALED [EFFECTIVE JUNE 29, 2023]. Sec. 2. (a) A school24 |
---|
| 8046 | + | corporation's honors designation award for a state fiscal year is the amount determined using the following25 |
---|
| 8047 | + | formula:26 |
---|
| 8048 | + | STEP ONE: Determine the number of the school corporation's eligible pupils who:27 |
---|
| 8049 | + | (A) successfully completed an Indiana diploma with a Core 40 with academic honors designation28 |
---|
| 8050 | + | program; and29 |
---|
| 8051 | + | (B) were receiving Supplemental Nutrition Assistance Program (SNAP) benefits, Temporary30 |
---|
| 8052 | + | Assistance for Needy Families (TANF) benefits, or foster care services;31 |
---|
| 8053 | + | in the school year ending in the previous state fiscal year.32 |
---|
| 8054 | + | STEP TWO: Determine the result of:33 |
---|
| 8055 | + | (A) the number of the school corporation's eligible pupils who:34 |
---|
| 8056 | + | (i) successfully completed an Indiana diploma with a Core 40 with technical honors35 |
---|
| 8057 | + | designation program; and36 |
---|
| 8058 | + | (ii) were receiving Supplemental Nutrition Assistance Program (SNAP) benefits, Temporary37 |
---|
| 8059 | + | Assistance for Needy Families (TANF) benefits, or foster care services;38 |
---|
| 8060 | + | in the school year ending in the previous state fiscal year; minus39 |
---|
| 8061 | + | (B) the number of eligible pupils who would otherwise be double counted under both clause (A)40 |
---|
| 8062 | + | and STEP ONE.41 |
---|
| 8063 | + | STEP THREE: Determine the sum of the number of eligible students determined under STEP ONE42 |
---|
| 8064 | + | and the number of eligible students determined under STEP TWO.43 |
---|
| 8065 | + | STEP FOUR: Multiply the STEP THREE amount by one thousand five hundred dollars ($1,500).44 |
---|
| 8066 | + | STEP FIVE: Determine the result of:45 |
---|
| 8067 | + | (A) the number of the school corporation's eligible pupils who successfully completed an Indiana46 |
---|
| 8068 | + | diploma with a Core 40 with academic honors designation program in the school year ending in47 |
---|
| 8069 | + | the previous state fiscal year; minus48 |
---|
| 8070 | + | EH 1001—LS 7401/DI 125 |
---|
| 8071 | + | 157 (B) the STEP ONE amount.1 |
---|
| 8072 | + | STEP SIX: Determine the result of:2 |
---|
| 8073 | + | (A) the number of the school corporation's eligible pupils who successfully completed an Indiana3 |
---|
| 8074 | + | diploma with a Core 40 with technical honors designation program in the school year ending in4 |
---|
| 8075 | + | the previous state fiscal year; minus5 |
---|
| 8076 | + | (B) the number of the school corporation's eligible pupils who are counted under both clause (A)6 |
---|
| 8077 | + | and STEP FIVE (A).7 |
---|
| 8078 | + | STEP SEVEN: Determine the result of the STEP SIX amount minus the STEP TWO amount.8 |
---|
| 8079 | + | STEP EIGHT: Determine the result of:9 |
---|
| 8080 | + | (A) the STEP FIVE amount; plus10 |
---|
| 8081 | + | (B) the STEP SEVEN amount.11 |
---|
| 8082 | + | STEP NINE: Determine the result of:12 |
---|
| 8083 | + | (A) the STEP EIGHT amount; multiplied by13 |
---|
| 8084 | + | (B) one thousand one hundred dollars ($1,100).14 |
---|
| 8085 | + | STEP TEN: Determine the sum of:15 |
---|
| 8086 | + | (A) the STEP FOUR amount; plus16 |
---|
| 8087 | + | (B) the STEP NINE amount.17 |
---|
| 8088 | + | (b) An amount received by a school corporation as an honors designation award may be used only for:18 |
---|
| 8089 | + | (1) any:19 |
---|
| 8090 | + | (A) staff training;20 |
---|
| 8091 | + | (B) program development;21 |
---|
| 8092 | + | (C) equipment and supply expenditures; or22 |
---|
| 8093 | + | (D) other expenses;23 |
---|
| 8094 | + | directly related to the school corporation's honors designation program; and24 |
---|
| 8095 | + | (2) the school corporation's program for high ability students.25 |
---|
| 8096 | + | (c) A governing body that does not comply with this section for a school year is not eligible to receive26 |
---|
| 8097 | + | an honors designation award for the following school year.27 |
---|
| 8098 | + | SECTION 184. IC 20-43-10-3.5, AS AMENDED BY P.L.165-2021, SECTION 167, IS AMENDED28 |
---|
| 8099 | + | TO READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 3.5. (a) As used in this section, "school"29 |
---|
| 8100 | + | means a school corporation, charter school, and a virtual charter school.30 |
---|
| 8101 | + | (b) Subject to the requirements of this section, a school qualifies for a teacher appreciation grant as31 |
---|
| 8102 | + | provided in this section for a state fiscal year if one (1) or more licensed teachers:32 |
---|
| 8103 | + | (1) employed in the classroom by the school; or33 |
---|
| 8104 | + | (2) directly providing virtual education;34 |
---|
| 8105 | + | were rated as effective or as highly effective, using the most recently completed teacher ratings.35 |
---|
| 8106 | + | (c) A school may not receive a teacher appreciation grant under this section unless:36 |
---|
| 8107 | + | (1) the school has in the state fiscal year in which the teacher appreciation grants are made under37 |
---|
| 8108 | + | this section:38 |
---|
| 8109 | + | (A) adopted an annual policy concerning the distribution of teacher appreciation grants; and39 |
---|
| 8110 | + | (B) submitted the policy to the department for approval; and40 |
---|
| 8111 | + | (2) the department has approved the policy.41 |
---|
| 8112 | + | The department shall specify the date by which a policy described in subdivision (1) must be submitted42 |
---|
| 8113 | + | to the department.43 |
---|
| 8114 | + | (d) The amount of a teacher appreciation grant for a qualifying school corporation or virtual charter44 |
---|
| 8115 | + | school is equal to:45 |
---|
| 8116 | + | (1) thirty-seven dollars and fifty-cents ($37.50); multiplied by46 |
---|
| 8117 | + | (2) the school's current ADM.47 |
---|
| 8118 | + | However, the grant amount for a virtual charter school may not exceed the statewide average grant48 |
---|
| 8119 | + | EH 1001—LS 7401/DI 125 |
---|
| 8120 | + | 158 amount.1 |
---|
| 8121 | + | (e) The following apply to the distribution of teacher appreciation grants:2 |
---|
| 8122 | + | (1) If the total amount to be distributed as teacher appreciation grants for a particular state fiscal year3 |
---|
| 8123 | + | exceeds the amount appropriated by the general assembly for teacher appreciation grants for that4 |
---|
| 8124 | + | state fiscal year, the total amount to be distributed as teacher appreciation grants to schools shall be5 |
---|
| 8125 | + | proportionately reduced so that the total reduction equals the amount of the excess. The amount of6 |
---|
| 8126 | + | the reduction for a particular school is equal to the total amount of the excess multiplied by a7 |
---|
| 8127 | + | fraction. The numerator of the fraction is the amount of the teacher appreciation grant that the school8 |
---|
| 8128 | + | would have received if a reduction were not made under this section. The denominator of the9 |
---|
| 8129 | + | fraction is the total amount that would be distributed as teacher appreciation grants to all schools if10 |
---|
| 8130 | + | a reduction were not made under this section.11 |
---|
| 8131 | + | (2) If the total amount to be distributed as teacher appreciation grants for a particular state fiscal year12 |
---|
| 8132 | + | is less than the amount appropriated by the general assembly for teacher appreciation grants for that13 |
---|
| 8133 | + | state fiscal year, the total amount to be distributed as teacher appreciation grants to schools for that14 |
---|
| 8134 | + | particular state fiscal year shall be proportionately increased so that the total amount to be15 |
---|
| 8135 | + | distributed equals the amount of the appropriation for that particular state fiscal year.16 |
---|
| 8136 | + | (f) The annual teacher appreciation grant to which a school is entitled for a state fiscal year shall be17 |
---|
| 8137 | + | distributed to the school before December 5 of that state fiscal year.18 |
---|
| 8138 | + | (g) The following apply to a school's policy under subsection (c) concerning the distribution of teacher19 |
---|
| 8139 | + | appreciation grants:20 |
---|
| 8140 | + | (1) The governing body shall differentiate between a teacher rated as a highly effective teacher and21 |
---|
| 8141 | + | a teacher rated as an effective teacher. The policy must provide that the amount of a stipend awarded22 |
---|
| 8142 | + | to a teacher rated as a highly effective teacher must be at least twenty-five percent (25%) more than23 |
---|
| 8143 | + | the amount of a stipend awarded to a teacher rated as an effective teacher.24 |
---|
| 8144 | + | (2) The governing body of a school may differentiate between school buildings.25 |
---|
| 8145 | + | (3) A stipend to an individual teacher in a particular year is not subject to collective bargaining, but26 |
---|
| 8146 | + | is discussable, and is in addition to the minimum salary or increases in salary set under27 |
---|
| 8147 | + | IC 20-28-9-1.5. The governing body may provide that an amount not exceeding fifty percent (50%)28 |
---|
| 8148 | + | of the amount of a stipend to an individual teacher in a particular state fiscal year becomes a29 |
---|
| 8149 | + | permanent part of and increases the base salary of the teacher receiving the stipend for school years30 |
---|
| 8150 | + | beginning after the state fiscal year in which the stipend is received. The addition to base salary is31 |
---|
| 8151 | + | not subject to collective bargaining, but is discussable.32 |
---|
| 8152 | + | (h) A teacher appreciation grant received by a school shall be allocated among and used only to pay33 |
---|
| 8153 | + | cash stipends to all licensed teachers employed in the classroom who are rated as effective or as highly34 |
---|
| 8154 | + | effective and employed by the school as of December 1. A school may allocate up to twenty percent35 |
---|
| 8155 | + | (20%) of the grant received by the school to provide a supplemental award to teachers with less than five36 |
---|
| 8156 | + | (5) years of service who are rated as effective or as highly effective. The supplemental award is in37 |
---|
| 8157 | + | addition to the award made from the part of the grant that is allocated to all eligible teachers.38 |
---|
| 8158 | + | (i) The lead school corporation or interlocal cooperative administering a cooperative or other special39 |
---|
| 8159 | + | education program or administering a career and technical education program, including programs40 |
---|
| 8160 | + | managed under IC 20-26-10, IC 20-35-5, IC 20-37, or IC 36-1-7, shall award teacher appreciation grant41 |
---|
| 8161 | + | stipends to and carry out the other responsibilities of an employing school corporation under this section42 |
---|
| 8162 | + | for the teachers in the special education program or career and technical education program.43 |
---|
| 8163 | + | (j) A school shall distribute all stipends from a teacher appreciation grant to individual teachers within44 |
---|
| 8164 | + | twenty (20) business days of the date the department distributes the teacher appreciation grant to the45 |
---|
| 8165 | + | school. Any part of the teacher appreciation grant not distributed as stipends to teachers before February46 |
---|
| 8166 | + | must be returned to the department on the earlier of the date set by the department or June 30 of that state47 |
---|
| 8167 | + | fiscal year.48 |
---|
| 8168 | + | EH 1001—LS 7401/DI 125 |
---|
| 8169 | + | 159 (k) The department, after review by the budget committee, may waive the December 5 deadline under1 |
---|
| 8170 | + | subsection (f) to distribute an annual teacher appreciation grant to the school under this section for that2 |
---|
| 8171 | + | state fiscal year and approve an extension of that deadline to a later date within that state fiscal year, if3 |
---|
| 8172 | + | the department determines that a waiver and extension of the deadline are in the public interest.4 |
---|
| 8173 | + | (l) The state board may adopt rules under IC 4-22-2, including emergency rules in the manner provided5 |
---|
| 8174 | + | in IC 4-22-2-37.1, as necessary to implement this section.6 |
---|
| 8175 | + | (m) This section expires June 30, 2023. 2025.7 |
---|
| 8176 | + | SECTION 185. IC 20-43-10-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO8 |
---|
| 8177 | + | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 4. (a) In addition to the amount a school9 |
---|
| 8178 | + | corporation is entitled to receive in basic tuition support, each school corporation is entitled to10 |
---|
| 8179 | + | receive a grant for a non-English speaking program for students who have a primary language11 |
---|
| 8180 | + | other than English and limited English proficiency as determined under this section.12 |
---|
| 8181 | + | (b) Subject to subsections (c) and (d), for state fiscal years beginning after June 30, 2023, the13 |
---|
| 8182 | + | grant amount is determined under the last STEP of the following formula:14 |
---|
| 8183 | + | STEP ONE: Determine the number of students:15 |
---|
| 8184 | + | (A) who scored at level one (1) or level two (2) on the WIDA Consortium ACCESS16 |
---|
| 8185 | + | assessment during the immediately preceding school year; or17 |
---|
| 8186 | + | (B) who were identified as English language learners with severe special needs that require18 |
---|
| 8187 | + | a different assessment than the assessment described in clause (A) to assess English19 |
---|
| 8188 | + | proficiency during the immediately preceding school year.20 |
---|
| 8189 | + | STEP TWO: Multiply the STEP ONE result by eight hundred ninety-four dollars ($894).21 |
---|
| 8190 | + | STEP THREE: Determine the number of students:22 |
---|
| 8191 | + | (A) who scored at level three (3) or level four (4) on the WIDA Consortium ACCESS23 |
---|
| 8192 | + | assessment during the immediately preceding school year; or24 |
---|
| 8193 | + | (B) who scored at level five (5) or higher on the Tier A form of the WIDA Consortium25 |
---|
| 8194 | + | ACCESS assessment during the immediately preceding school year.26 |
---|
| 8195 | + | STEP FOUR: Multiply the STEP THREE result by four hundred sixty-eight dollars ($468).27 |
---|
| 8196 | + | STEP FIVE: Determine the sum of the STEP TWO amount and the STEP FOUR amount.28 |
---|
| 8197 | + | (c) For purposes of calculating the grant amount under this section for Gary Middle College29 |
---|
| 8198 | + | charter schools, only students who are less than twenty-three (23) years of age may be counted in30 |
---|
| 8199 | + | the formula under subsection (b).31 |
---|
| 8200 | + | (d) This subsection applies to school corporations in their first year of operations. If student32 |
---|
| 8201 | + | scores from the immediately preceding school year are unavailable, the department shall determine33 |
---|
| 8202 | + | the school corporation's grant amount using student scores achieved during the school34 |
---|
| 8203 | + | corporation's first year of operation.35 |
---|
| 8204 | + | (e) An amount received by a school corporation as a non-English speaking program grant may36 |
---|
| 8205 | + | be used only for:37 |
---|
| 8206 | + | (1) staffing;38 |
---|
| 8207 | + | (2) curricular materials;39 |
---|
| 8208 | + | (3) assessments;40 |
---|
| 8209 | + | (4) family engagement, including translation and interpretation services; and41 |
---|
| 8210 | + | (5) other expenses;42 |
---|
| 8211 | + | directly related to educating students who have a primary language other than English and limited43 |
---|
| 8212 | + | English proficiency as determined under this section.44 |
---|
| 8213 | + | (f) A school corporation may not receive a grant under this section unless the school corporation45 |
---|
| 8214 | + | includes, in its annually required English learner plan, a description of how the grant will be used46 |
---|
| 8215 | + | to implement the school corporation's English language service model.47 |
---|
| 8216 | + | (g) A school corporation that does not comply with this section for a school year is not eligible48 |
---|
| 8217 | + | EH 1001—LS 7401/DI 125 |
---|
| 8218 | + | 160 to receive a non-English speaking program grant for the following year.1 |
---|
| 8219 | + | SECTION 186. IC 20-43-13-4, AS AMENDED BY P.L.165-2021, SECTION 168, IS AMENDED TO2 |
---|
| 8220 | + | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 4. (a) Except as provided in subsections (c)3 |
---|
| 8221 | + | and (d), the complexity index is the percentage of the school corporation's students who were receiving4 |
---|
| 8222 | + | Supplemental Nutrition Assistance Program (SNAP) benefits, Temporary Assistance for Needy Families5 |
---|
| 8223 | + | (TANF) benefits, or foster care services as of October 1 in the school year ending in the later of:6 |
---|
| 8224 | + | (1) 2021; 2023; or7 |
---|
| 8225 | + | (2) the first year of operation of the school corporation.8 |
---|
| 8226 | + | (b) For a conversion charter school, the percentage determined under this section is the percentage of9 |
---|
| 8227 | + | the sponsor school corporation.10 |
---|
| 8228 | + | (c) Except as provided in subsection (d), the complexity index for a school corporation that has entered11 |
---|
| 8229 | + | into an agreement with one (1) or more charter schools to participate as an innovation network charter12 |
---|
| 8230 | + | school under IC 20-25.7-5 for a state fiscal year is equal to the result using the following formula:13 |
---|
| 8231 | + | STEP ONE: Determine:14 |
---|
| 8232 | + | (A) the school corporation's enrollment; minus15 |
---|
| 8233 | + | (B) the enrollment of each participating innovation network charter school.16 |
---|
| 8234 | + | STEP TWO: Determine the number of students in the school corporation who were receiving17 |
---|
| 8235 | + | Supplemental Nutrition Assistance Program (SNAP) benefits, Temporary Assistance for Needy18 |
---|
| 8236 | + | Families (TANF) benefits, or foster care services as of October 1 in the school year ending in 2021,19 |
---|
| 8237 | + | 2023, not including students enrolled in each participating innovation network charter school.20 |
---|
| 8238 | + | STEP THREE: Divide the result of STEP TWO by the result of STEP ONE.21 |
---|
| 8239 | + | STEP FOUR: Determine the enrollment of each participating innovation network charter school.22 |
---|
| 8240 | + | STEP FIVE: Determine the number of students in each participating innovation network charter23 |
---|
| 8241 | + | school who were receiving Supplemental Nutrition Assistance Program (SNAP) benefits, Temporary24 |
---|
| 8242 | + | Assistance for Needy Families (TANF) benefits, or foster care services as of October 1 in the school25 |
---|
| 8243 | + | year ending in the later of:26 |
---|
| 8244 | + | (A) 2021; 2023; or27 |
---|
| 8245 | + | (B) the first year of operation of the participating innovation network charter school.28 |
---|
| 8246 | + | STEP SIX: Divide the result of STEP FIVE by the result of STEP FOUR.29 |
---|
| 8247 | + | STEP SEVEN: For each participating innovation network charter school, determine the greater of:30 |
---|
| 8248 | + | (A) the result of STEP THREE; or31 |
---|
| 8249 | + | (B) the result of STEP SIX.32 |
---|
| 8250 | + | STEP EIGHT: For each participating innovation network charter school, multiply the result of STEP33 |
---|
| 8251 | + | SEVEN by the result of STEP FOUR.34 |
---|
| 8252 | + | STEP NINE: Determine the sum of:35 |
---|
| 8253 | + | (A) the result of STEP TWO; plus36 |
---|
| 8254 | + | (B) the results of STEP EIGHT, for each participating innovation network charter school.37 |
---|
| 8255 | + | STEP TEN: Determine the sum of:38 |
---|
| 8256 | + | (A) the result of STEP ONE; plus39 |
---|
| 8257 | + | (B) the results of STEP FOUR for each participating innovation network charter school.40 |
---|
| 8258 | + | STEP ELEVEN: Divide the STEP NINE result by the STEP TEN result.41 |
---|
| 8259 | + | (d) If the complexity index of a participating innovation network charter school that was established42 |
---|
| 8260 | + | before January 1, 2016, is, for the current school year, greater than the complexity index for the school43 |
---|
| 8261 | + | corporation with which the innovation network charter school has contracted, the complexity index of the44 |
---|
| 8262 | + | participating innovation network charter school is determined as described in IC 20-25.7-5-2(e).45 |
---|
| 8263 | + | SECTION 187. IC 20-46-8-11.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO46 |
---|
| 8264 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11.2. (a) This section applies only to revenue47 |
---|
| 8265 | + | EH 1001—LS 7401/DI 125 |
---|
| 8266 | + | 161 collected after June 30, 2023, from a tax levy imposed under this chapter. However, this section1 |
---|
| 8267 | + | does not apply to, and distributions are not required for, a school corporation that is designated as2 |
---|
| 8268 | + | a distressed political subdivision under IC 6-1.1-20.3.3 |
---|
| 8269 | + | (b) Beginning in calendar year 2024, and each year thereafter, and subject to subsections (c) and4 |
---|
| 8270 | + | (h), the county auditor shall distribute, as provided under subsection (f), an amount of revenue5 |
---|
| 8271 | + | received from a tax levy imposed by a school corporation under this chapter to each charter school6 |
---|
| 8272 | + | that is eligible for a distribution under subsection (d) and as set forth in subsection (f).7 |
---|
| 8273 | + | (c) The following schools are not eligible to receive a distribution under this section:8 |
---|
| 8274 | + | (1) A virtual charter school.9 |
---|
| 8275 | + | (2) An adult high school.10 |
---|
| 8276 | + | (d) Not later than thirty (30) days before the date that the county auditor distributes money for11 |
---|
| 8277 | + | a school corporation's operations fund (IC 20-40-18) under IC 6-1.1-27, the department, in12 |
---|
| 8278 | + | consultation with the department of local government finance, shall determine the corresponding13 |
---|
| 8279 | + | percentages of revenue received from the tax levy that must be distributed among the school14 |
---|
| 8280 | + | corporation and each eligible charter school according to the following formula:15 |
---|
| 8281 | + | STEP ONE: Determine each charter school that:16 |
---|
| 8282 | + | (A) is located in the same or a contiguous county as the school corporation; and17 |
---|
| 8283 | + | (B) provides not more than fifty percent (50%) virtual instruction for its students.18 |
---|
| 8284 | + | STEP TWO: Determine, for each charter school described in STEP ONE, the number of19 |
---|
| 8285 | + | students who:20 |
---|
| 8286 | + | (A) have legal settlement within the school corporation;21 |
---|
| 8287 | + | (B) are currently included in the fall ADM for the charter school; and22 |
---|
| 8288 | + | (C) receive not more than fifty percent (50%) virtual instruction.23 |
---|
| 8289 | + | STEP THREE: Determine the sum of:24 |
---|
| 8290 | + | (A) the aggregate of the STEP TWO results for all applicable charter schools; plus25 |
---|
| 8291 | + | (B) the fall ADM count for the school corporation for students receiving not more than fifty26 |
---|
| 8292 | + | percent (50%) virtual instruction.27 |
---|
| 8293 | + | STEP FOUR: For each charter school described in STEP ONE, determine the result of:28 |
---|
| 8294 | + | (A) the applicable STEP TWO amount; divided by29 |
---|
| 8295 | + | (B) the STEP THREE amount;30 |
---|
| 8296 | + | expressed as a percentage.31 |
---|
| 8297 | + | STEP FIVE: Determine the sum of all the amounts computed under STEP FOUR and subtract32 |
---|
| 8298 | + | the result from one hundred percent (100%).33 |
---|
| 8299 | + | (e) The department shall provide to the county auditor, immediately after calculation under34 |
---|
| 8300 | + | subsection (d), and in the form prescribed by the county auditor:35 |
---|
| 8301 | + | (1) each charter school determined under STEP ONE of subsection (d) and the charter school's36 |
---|
| 8302 | + | corresponding percentage calculated under STEP FOUR of subsection (d); and37 |
---|
| 8303 | + | (2) the percentage calculated under STEP FIVE of subsection (d) for the school corporation.38 |
---|
| 8304 | + | (f) The county auditor shall distribute to the school corporation and each applicable charter39 |
---|
| 8305 | + | school the amount determined in the last STEP of the following STEPS:40 |
---|
| 8306 | + | STEP ONE: For each school corporation, determine a base property tax levy amount41 |
---|
| 8307 | + | calculated as:42 |
---|
| 8308 | + | (A) the sum of the school corporation's operations fund property tax levies imposed under43 |
---|
| 8309 | + | this chapter in calendar years 2021, 2022, and 2023; divided by44 |
---|
| 8310 | + | (B) three (3).45 |
---|
| 8311 | + | STEP TWO: For each school corporation, determine an incremental property tax levy amount46 |
---|
| 8312 | + | calculated as:47 |
---|
| 8313 | + | (A) the school corporation's operations fund property tax levy for the current calendar48 |
---|
| 8314 | + | EH 1001—LS 7401/DI 125 |
---|
| 8315 | + | 162 year; minus1 |
---|
| 8316 | + | (B) the school corporation's base property tax levy determined under STEP ONE.2 |
---|
| 8317 | + | STEP THREE: For the school corporation and each applicable charter school, determine the3 |
---|
| 8318 | + | result of:4 |
---|
| 8319 | + | (A) the incremental amount determined under STEP TWO; multiplied by5 |
---|
| 8320 | + | (B) the following percentage:6 |
---|
| 8321 | + | (i) In the case of an applicable charter school, the charter school's percentage under7 |
---|
| 8322 | + | STEP FOUR of subsection (d).8 |
---|
| 8323 | + | (ii) In the case of the school corporation, the school corporation's percentage under STEP9 |
---|
| 8324 | + | FIVE of subsection (d).10 |
---|
| 8325 | + | (g) Before October 1, 2023, and before October 1 of each year thereafter, the department shall11 |
---|
| 8326 | + | provide to each school corporation and each eligible charter school an estimate of the amount of12 |
---|
| 8327 | + | property tax levy revenue the school corporation and charter school are expected to receive under13 |
---|
| 8328 | + | this section.14 |
---|
| 8329 | + | (h) In order to receive a distribution under this section, the governing body of an eligible charter15 |
---|
| 8330 | + | school shall, before November 1, 2023, and before November 1 of each year thereafter, adopt a16 |
---|
| 8331 | + | budget for the school year. Not later than ten (10) days before its adoption, the budget must be fixed17 |
---|
| 8332 | + | and presented to the charter board in a public meeting in the county in which the charter school18 |
---|
| 8333 | + | is incorporated. A budget that is adopted under this subsection must be submitted to the charter19 |
---|
| 8334 | + | authorizer for review and to the department of local government finance to be posted publicly on20 |
---|
| 8335 | + | the computer gateway under IC 6-1.1-17-3.21 |
---|
| 8336 | + | (i) Before April 1, 2024, and before April 1 of each year thereafter, the county auditor shall22 |
---|
| 8337 | + | provide each school corporation and each eligible charter school the actual amount of property tax23 |
---|
| 8338 | + | levy revenue the school corporation and charter school are expected to receive under this section.24 |
---|
| 8339 | + | SECTION 188. IC 20-47-6-2, AS ADDED BY P.L.143-2019, SECTION 29, IS AMENDED TO25 |
---|
| 8340 | + | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 2. As used in this chapter, "eligible training26 |
---|
| 8341 | + | program" means a training program that leads to the attainment of any of the following:27 |
---|
| 8342 | + | (1) An industry certification that appears on the state board's industry certification list that is28 |
---|
| 8343 | + | approved by the department of workforce development.29 |
---|
| 8344 | + | (2) A postsecondary degree, certificate, or credential that:30 |
---|
| 8345 | + | (A) is from a training provider; and31 |
---|
| 8346 | + | (B) certifies occupational proficiency in a skilled trade.32 |
---|
| 8347 | + | (3) A certificate of completion of an apprenticeship program (as defined in IC 20-43-8-0.3) that is33 |
---|
| 8348 | + | established as a graduation pathway requirement under IC 20-32-4-1.5.34 |
---|
| 8349 | + | SECTION 189. IC 20-47-6-10, AS ADDED BY P.L.143-2019, SECTION 29, IS AMENDED TO35 |
---|
| 8350 | + | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 10. (a) Money received from contributions36 |
---|
| 8351 | + | may be used by an industry collaboration organization for one (1) or more of the following purposes:37 |
---|
| 8352 | + | (1) To support the development and implementation of high school graduation pathways.38 |
---|
| 8353 | + | (2) To provide money to the industry collaboration organization to establish and operate a career39 |
---|
| 8354 | + | counseling program for students.40 |
---|
| 8355 | + | (3) To enhance career and technical education and training programs which may include a work41 |
---|
| 8356 | + | ethic certificate program established under IC 22-4.1-25.42 |
---|
| 8357 | + | (4) To expand apprenticeships and work based learning opportunities which may include the43 |
---|
| 8358 | + | following:44 |
---|
| 8359 | + | (A) An apprenticeship program (as defined in IC 20-43-8-0.3) that is established as a graduation45 |
---|
| 8360 | + | pathway requirement under IC 20-32-4-1.5.46 |
---|
| 8361 | + | (B) A work based learning course delivered in an employment relationship that:47 |
---|
| 8362 | + | (i) provides a worker with paid or meaningful work experience and corresponding classroom48 |
---|
| 8363 | + | EH 1001—LS 7401/DI 125 |
---|
| 8364 | + | 163 instruction; as set forth in IC 20-43-8-0.7; and1 |
---|
| 8365 | + | (ii) is established as a graduation pathway requirement under IC 20-32-4-1.5.2 |
---|
| 8366 | + | (5) To provide grants to schools to be used by the school to pay the transportation costs for students3 |
---|
| 8367 | + | to attend an eligible training program that allows the student to concurrently earn high school or4 |
---|
| 8368 | + | college credit.5 |
---|
| 8369 | + | (6) To provide grants for any other course or program, if the course or program leads to the6 |
---|
| 8370 | + | attainment of a specific employment related credential that documents the student's skills for7 |
---|
| 8371 | + | employment success.8 |
---|
| 8372 | + | (7) To partner with other industry collaboration organizations, nonprofits, public foundations, or9 |
---|
| 8373 | + | other entities to provide workforce related educational programs or training for students.10 |
---|
| 8374 | + | (b) State grant funding distributed by the governor's workforce cabinet for purposes of subsection (a)11 |
---|
| 8375 | + | shall be granted with a preference given to multisector industry collaboration organizations.12 |
---|
| 8376 | + | SECTION 190. IC 20-51-4-5, AS AMENDED BY P.L.165-2021, SECTION 178, IS AMENDED TO13 |
---|
| 8377 | + | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 5. The state tuition support amount to be used14 |
---|
| 8378 | + | in section 4(a)(1)(B) of this chapter for an eligible choice scholarship student is the amount determined15 |
---|
| 8379 | + | under the last STEP of the following formula:16 |
---|
| 8380 | + | STEP ONE: Determine the school corporation in which the eligible choice scholarship student has17 |
---|
| 8381 | + | legal settlement.18 |
---|
| 8382 | + | STEP TWO: Determine the amount of state tuition support that the school corporation identified19 |
---|
| 8383 | + | under STEP ONE is eligible to receive under IC 20-43 for the state fiscal year in which the current20 |
---|
| 8384 | + | school year begins, including the basic tuition support amount made under IC 20-43-6. and grants21 |
---|
| 8385 | + | made under IC 20-43-10-2. However, the amount does not include amounts provided for special22 |
---|
| 8386 | + | education grants under IC 20-43-7 and career and technical education grants under IC 20-43-8.23 |
---|
| 8387 | + | non-English speaking program grants under IC 20-43-10-4.24 |
---|
| 8388 | + | STEP THREE: Determine the result of:25 |
---|
| 8389 | + | (A) the STEP TWO amount; divided by26 |
---|
| 8390 | + | (B) the current ADM (as defined in IC 20-43-1-10) for the school corporation identified under27 |
---|
| 8391 | + | STEP ONE for the state fiscal year used in STEP TWO.28 |
---|
| 8392 | + | SECTION 191. IC 20-51.4-3-7, AS AMENDED BY P.L.132-2022, SECTION 3, IS AMENDED TO29 |
---|
| 8393 | + | READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) For each school year, the treasurer30 |
---|
| 8394 | + | of state shall determine, based on the amount of funds available for the program, the number of grants that31 |
---|
| 8395 | + | the treasurer of state will award under the program. The number of applications approved and the number32 |
---|
| 8396 | + | of grants awarded under this article by the treasurer of state for the school year may not exceed the33 |
---|
| 8397 | + | number determined by the treasurer of state under this section.34 |
---|
| 8398 | + | (b) The treasurer of state may deduct the following amounts from the funds made available for the35 |
---|
| 8399 | + | program to cover costs of managing accounts and administering the program:36 |
---|
| 8400 | + | (1) For the first year of the program, not more than ten percent (10%) of the funds made available37 |
---|
| 8401 | + | to cover the costs described in this subsection.38 |
---|
| 8402 | + | (2) For each year thereafter, not more than five percent (5%) of the funds made available to cover39 |
---|
| 8403 | + | the costs described in this subsection.40 |
---|
| 8404 | + | Any amount deducted under this subsection shall be deposited in the Indiana education scholarship41 |
---|
| 8405 | + | account administration fund established by IC 20-51.4-4-3.5.42 |
---|
| 8406 | + | SECTION 192. IC 20-51.4-4-3, AS AMENDED BY P.L.132-2022, SECTION 6, IS AMENDED TO43 |
---|
| 8407 | + | READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The Indiana education scholarship44 |
---|
| 8408 | + | account program fund is established for the purpose of providing grants to eligible students under the45 |
---|
| 8409 | + | program. Money appropriated to the fund during the state fiscal year beginning July 1, 2021, and ending46 |
---|
| 8410 | + | June 30, 2022, may only be used for the administrative costs to establish the program. However, money47 |
---|
| 8411 | + | appropriated to the fund during the state fiscal year beginning July 1, 2022, and ending June 30, 2023,48 |
---|
| 8412 | + | EH 1001—LS 7401/DI 125 |
---|
| 8413 | + | 164 may be used to provide grants under this chapter in the manner prescribed in section 2 of this chapter.1 |
---|
| 8414 | + | (b) The treasurer of state shall administer the fund.2 |
---|
| 8415 | + | (c) The fund consists of the following:3 |
---|
| 8416 | + | (1) Appropriations by the general assembly.4 |
---|
| 8417 | + | (2) Interest deposited in the fund under subsection (d).5 |
---|
| 8418 | + | (3) Donations, gifts, and money received from any other source, including transfers from other funds6 |
---|
| 8419 | + | or accounts.7 |
---|
| 8420 | + | (4) Amounts transferred to the fund from the Indiana education scholarship account administration8 |
---|
| 8421 | + | fund under section 3.5(e) of this chapter.9 |
---|
| 8422 | + | (d) The treasurer of state shall invest money in the fund not currently needed to meet the obligations10 |
---|
| 8423 | + | of the fund in the same manner as other public money may be invested. Interest that accrues from these11 |
---|
| 8424 | + | investments shall be deposited in the fund.12 |
---|
| 8425 | + | (e) Money in the fund at the end of a state fiscal year reverts to the state general fund.13 |
---|
| 8426 | + | SECTION 193. IC 20-51.4-4-3.5, AS ADDED BY P.L.132-2022, SECTION 7, IS AMENDED TO14 |
---|
| 8427 | + | READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) The Indiana education scholarship15 |
---|
| 8428 | + | account administration fund is established for the purpose of accepting money for the Indiana education16 |
---|
| 8429 | + | scholarship account program to support administration of the program.17 |
---|
| 8430 | + | (b) The treasurer of state shall administer the fund.18 |
---|
| 8431 | + | (c) The fund consists of the following:19 |
---|
| 8432 | + | (1) Administration fees deposited in the fund under IC 20-51.4-3-7(b). Appropriations by the20 |
---|
| 8433 | + | general assembly.21 |
---|
| 8434 | + | (2) Donations, gifts, and money received from any other source, including transfers from other funds22 |
---|
| 8435 | + | or accounts.23 |
---|
| 8436 | + | (3) (2) Interest deposited in the fund under subsection (d).24 |
---|
| 8437 | + | (d) The treasurer of state shall invest money in the fund not currently needed to meet the obligations25 |
---|
| 8438 | + | of the fund in the same manner as other public money may be invested. Interest that accrues from these26 |
---|
| 8439 | + | investments shall be deposited in the fund.27 |
---|
| 8440 | + | (e) The treasurer of state may transfer any funds held in the fund to the Indiana education scholarship28 |
---|
| 8441 | + | account program fund established by section 3 of this chapter at any time for the purpose of that fund.29 |
---|
| 8442 | + | (e) Money in the fund at the end of a state fiscal year reverts to the state general fund.30 |
---|
| 8443 | + | SECTION 194. IC 20-51.4-4-3.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO31 |
---|
| 8444 | + | READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3.6. (a) The Indiana education32 |
---|
| 8445 | + | scholarship account donation fund is established for the purpose of accepting donations for the33 |
---|
| 8446 | + | Indiana education scholarship account program to support administration of the program.34 |
---|
| 8447 | + | (b) The treasurer of state shall administer the fund.35 |
---|
| 8448 | + | (c) The fund consists of the following:36 |
---|
| 8449 | + | (1) Donations, gifts, and money received from any other source, including transfers from other37 |
---|
| 8450 | + | funds or accounts.38 |
---|
| 8451 | + | (2) Interest deposited in the fund under subsection (d).39 |
---|
| 8452 | + | (d) The treasurer of state shall invest money in the fund not currently needed to meet the40 |
---|
| 8453 | + | obligations of the fund in the same manner as other public money may be invested. Interest that41 |
---|
| 8454 | + | accrues from these investments shall be deposited in the fund.42 |
---|
| 8455 | + | (e) The treasurer of state may transfer any funds held in the fund to the Indiana education43 |
---|
| 8456 | + | scholarship account program fund established by section 3 of this chapter at any time for the44 |
---|
| 8457 | + | purpose of that fund.45 |
---|
| 8458 | + | (f) Money in the fund is continuously appropriated for purposes of the fund.46 |
---|
| 8459 | + | (g) Money in the fund at the end of a state fiscal year does not revert to the state general fund47 |
---|
| 8460 | + | but remains in the fund for the purposes of the fund.48 |
---|
| 8461 | + | EH 1001—LS 7401/DI 125 |
---|
| 8462 | + | 165 SECTION 195. IC 20-51.4-4-4, AS ADDED BY P.L.165-2021, SECTION 180, IS AMENDED TO1 |
---|
| 8463 | + | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 4. (a) Subject to sections 5 and 10 of this2 |
---|
| 8464 | + | chapter, the annual grant amount under section 2 of this chapter for an eligible student equals, subject to3 |
---|
| 8465 | + | subsection (b), ninety percent (90%) of the amount determined in the last STEP of the following formula:4 |
---|
| 8466 | + | STEP ONE: Determine the school corporation in which the eligible student has legal settlement.5 |
---|
| 8467 | + | STEP TWO: Determine the amount of state tuition support that the school corporation identified6 |
---|
| 8468 | + | under STEP ONE is eligible to receive under IC 20-43-6 for the state fiscal year in which the7 |
---|
| 8469 | + | immediately preceding school year begins. The amount does not include amounts provided for8 |
---|
| 8470 | + | special education grants under IC 20-43-7 career and technical education grants under IC 20-43-8,9 |
---|
| 8471 | + | or grants under IC 20-43-10. or non-English speaking program grants under IC 20-43-10-4.10 |
---|
| 8472 | + | STEP THREE: Determine the result of:11 |
---|
| 8473 | + | (A) the STEP TWO amount; divided by12 |
---|
| 8474 | + | (B) the current ADM (as defined in IC 20-43-1-10) for the school corporation identified under13 |
---|
| 8475 | + | STEP ONE for the state fiscal year used in STEP TWO.14 |
---|
| 8476 | + | (b) An eligible student may choose to receive special education services from the school corporation15 |
---|
| 8477 | + | required to provide the special education services to the eligible student under 511 IAC 7-34-1. However,16 |
---|
| 8478 | + | if an eligible student described in subsection (a) chooses not to receive special education or related17 |
---|
| 8479 | + | services from a school corporation required to provide the services to the eligible student under 51118 |
---|
| 8480 | + | IAC 7-34-1, the annual grant amount for the eligible student shall, in addition to the amount described19 |
---|
| 8481 | + | in subsection (a), include the amount the school corporation would receive under IC 20-43-7 for the20 |
---|
| 8482 | + | eligible student if the eligible student attended the school corporation.21 |
---|
| 8483 | + | (c) The annual grant amounts provided in subsection (a) shall be rounded as provided in22 |
---|
| 8484 | + | IC 20-43-3-1(4).23 |
---|
| 8485 | + | SECTION 196. IC 21-18-16-1, AS ADDED BY P.L.66-2022, SECTION 4, IS AMENDED TO READ24 |
---|
| 8486 | + | AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this chapter, "outcomes based25 |
---|
| 8487 | + | funding formula" refers to the higher educational operating funding outcomes based formula created by26 |
---|
| 8488 | + | the commission under section 2(a) and 2(b) of this chapter.27 |
---|
| 8489 | + | SECTION 197. IC 21-18-16-2, AS ADDED BY P.L.66-2022, SECTION 4, IS AMENDED TO READ28 |
---|
| 8490 | + | AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The commission shall create a higher29 |
---|
| 8491 | + | educational operating funding outcomes based formula that aligns with the goals outlined in the30 |
---|
| 8492 | + | commission's long range plan for postsecondary education under IC 21-18-8.31 |
---|
| 8493 | + | (b) The commission shall create a separate higher educational operating funding outcomes based32 |
---|
| 8494 | + | formula for Ivy Tech Community College that:33 |
---|
| 8495 | + | (1) aligns with the goals outlined in the commission's long range plan for postsecondary34 |
---|
| 8496 | + | education under IC 21-18-8; and35 |
---|
| 8497 | + | (2) focuses on employer needs, positive wage outcomes, and stackable credentials. 36 |
---|
| 8498 | + | (b) (c) An outcomes based funding formula must be created and approved by the commission at a37 |
---|
| 8499 | + | meeting of the commission on or before October 1 of each even-numbered year prior to each38 |
---|
| 8500 | + | odd-numbered year in which the general assembly will reconvene in a first regular session and consider39 |
---|
| 8501 | + | a state budget bill.40 |
---|
| 8502 | + | (c) (d) The commission shall approve the metrics used for an outcomes based funding formula created41 |
---|
| 8503 | + | under this chapter.42 |
---|
| 8504 | + | SECTION 198. IC 21-18-16-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO43 |
---|
| 8505 | + | READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) Notwithstanding section 2(b) of44 |
---|
| 8506 | + | this chapter, the outcomes based funding formula created under section 2(a) and 2(b) of this45 |
---|
| 8507 | + | chapter shall be approved by the commission prior to June 1, 2023, and shall be reviewed by the46 |
---|
| 8508 | + | budget committee on or before July 1, 2023.47 |
---|
| 8509 | + | (b) The commission shall create a report with regard to each outcomes based funding formula48 |
---|
| 8510 | + | EH 1001—LS 7401/DI 125 |
---|
| 8511 | + | 166 created under section 2(a) and 2(b) of this chapter. The report must contain a detailed summary1 |
---|
| 8512 | + | of each formula, the methodologies, and the metrics used to create the formula under section 2(a)2 |
---|
| 8513 | + | and 2(b) of this chapter. The commission shall submit the report prepared under this subsection3 |
---|
| 8514 | + | to the budget committee not later than five (5) days before the meeting described in subsection (a).4 |
---|
| 8515 | + | (c) This section expires July 1, 2024.5 |
---|
| 8516 | + | SECTION 199. IC 21-18-16-5, AS ADDED BY P.L.66-2022, SECTION 4, IS AMENDED TO READ6 |
---|
| 8517 | + | AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) The commission shall biannually biennially7 |
---|
| 8518 | + | measure and make findings on the progress of each state educational institution in meeting the goals of8 |
---|
| 8519 | + | the commission's long range plan for postsecondary education under IC 21-18-8 as those goals pertain9 |
---|
| 8520 | + | to the outcomes based funding formula.10 |
---|
| 8521 | + | (b) The executive officer of the commission, or the executive officer's designee, shall present the11 |
---|
| 8522 | + | findings made for each state educational institution to commission members at a meeting of the12 |
---|
| 8523 | + | commission.13 |
---|
| 8524 | + | (c) Following the presentation to the commission, the executive officer, or the executive officer's14 |
---|
| 8525 | + | designee, shall present the findings with regard to each state educational institution to the budget15 |
---|
| 8526 | + | committee at the budget hearings held under IC 4-12-1-8 and at the same time as the committee's16 |
---|
| 8527 | + | summary of legislative requests and the commission's recommendations are presented under17 |
---|
| 8528 | + | IC 21-18-9-1(3).18 |
---|
| 8529 | + | SECTION 200. IC 21-18-16-6, AS ADDED BY P.L.66-2022, SECTION 4, IS AMENDED TO READ19 |
---|
| 8530 | + | AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The commission shall biannually biennially20 |
---|
| 8531 | + | engage an independent third party examiner to audit the data submitted by each state educational21 |
---|
| 8532 | + | institution for use within the outcomes based funding formula.22 |
---|
| 8533 | + | (b) If the audit required under subsection (a) is performed by the state board of accounts, the state23 |
---|
| 8534 | + | educational institutions shall pay the actual and indirect costs of performing the audit.24 |
---|
| 8535 | + | (c) The commission shall promptly submit a copy of each audit report produced under subsection (a)25 |
---|
| 8536 | + | to the audit and financial reporting subcommittee of the legislative council in an electronic format under26 |
---|
| 8537 | + | IC 5-14-6.27 |
---|
| 8538 | + | SECTION 201. IC 21-18-16-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO28 |
---|
| 8539 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. The commission shall distribute on a29 |
---|
| 8540 | + | monthly basis to each state educational institution the amount appropriated for the outcomes based30 |
---|
| 8541 | + | prospective model subject to the commission's review of the state educational institution's31 |
---|
| 8542 | + | performance according to the outcomes based funding formula created under this chapter.32 |
---|
| 8543 | + | SECTION 202. IC 21-20-6 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ33 |
---|
| 8544 | + | AS FOLLOWS [EFFECTIVE JULY 1, 2023]:34 |
---|
| 8545 | + | Chapter 6. Prohibition on State Funding of the Kinsey Institute35 |
---|
| 8546 | + | Sec. 1. For purposes of this chapter, the term "administration, operation, or programs" includes36 |
---|
| 8547 | + | any of the following property, activities, assets, or expenses that are used, conducted, maintained,37 |
---|
| 8548 | + | or incurred for, by, or on behalf of the Kinsey Institute for Research in Sex, Gender, and38 |
---|
| 8549 | + | Reproduction:39 |
---|
| 8550 | + | (1) On-campus facilities.40 |
---|
| 8551 | + | (2) Equipment, furniture, furnishings, or office supplies.41 |
---|
| 8552 | + | (3) Land or property.42 |
---|
| 8553 | + | (4) Utilities.43 |
---|
| 8554 | + | (5) Advertising or promotional material included in literature or media presentations.44 |
---|
| 8555 | + | (6) Loans, grants, special accounts, or funds.45 |
---|
| 8556 | + | (7) Programs, special projects, or research.46 |
---|
| 8557 | + | (8) Maintenance of facilities.47 |
---|
| 8558 | + | (9) Administrative costs, operation costs, rentals, or mortgages.48 |
---|
| 8559 | + | EH 1001—LS 7401/DI 125 |
---|
| 8560 | + | 167 (10) Printing, duplicating, or copying.1 |
---|
| 8561 | + | (11) Publication of materials.2 |
---|
| 8562 | + | (12) Restoration, maintenance, or housing of research documents, including photographs,3 |
---|
| 8563 | + | audiovisual tapes or films, and printed material.4 |
---|
| 8564 | + | (13) Exhibits or displays.5 |
---|
| 8565 | + | Sec. 2. State appropriations may not be used to pay for the administration, operation, or6 |
---|
| 8566 | + | programs of the Kinsey Institute for Research in Sex, Gender, and Reproduction.7 |
---|
| 8567 | + | SECTION 203. IC 21-34-3-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO8 |
---|
| 8568 | + | READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4.5. Notwithstanding section 4(a)(1)(B)9 |
---|
| 8569 | + | of this chapter, the board of trustees of a state educational institution may acquire and improve,10 |
---|
| 8570 | + | under this article or any other applicable law, real property (improved or unimproved) by lease or11 |
---|
| 8571 | + | sublease for a period exceeding forty (40) years but not exceeding one hundred fifty (150) years12 |
---|
| 8572 | + | under the following conditions:13 |
---|
| 8573 | + | (1) The board of trustees determines the real property to be necessary for the purposes set14 |
---|
| 8574 | + | forth in section 4(b) of this chapter.15 |
---|
| 8575 | + | (2) The parties to the lease or sublease are both state educational institutions.16 |
---|
| 8576 | + | (3) The board of trustees of each such state educational institution approves the terms,17 |
---|
| 8577 | + | conditions, liens, and encumbrances to which the lease or sublease is subject.18 |
---|
| 8578 | + | SECTION 204. IC 22-2-18.1-2, AS ADDED BY P.L.147-2020, SECTION 16, IS AMENDED TO19 |
---|
| 8579 | + | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 2. (a) This chapter does not apply to:20 |
---|
| 8580 | + | (1) a parent who employs the parent's own child;21 |
---|
| 8581 | + | (2) a person standing in place of a parent who employs a child in the person's custody; or22 |
---|
| 8582 | + | (3) a legal entity whose ownership is limited to the parents of the employed child or persons standing23 |
---|
| 8583 | + | in place of the parent of the employed child;24 |
---|
| 8584 | + | except in the instances of underage employment (as set forth in section 12(a) of this chapter), employment25 |
---|
| 8585 | + | during school hours (as set forth in section 12(b) of this chapter), and employment in hazardous26 |
---|
| 8586 | + | occupations designated by federal law (as set forth in section 23 of this chapter).27 |
---|
| 8587 | + | (b) This chapter does not apply to a minor enrolled in a work based learning course (as defined in28 |
---|
| 8588 | + | IC 20-43-8-0.7). IC 20-18-2-26.5).29 |
---|
| 8589 | + | SECTION 205. IC 22-4.1-26-5.5, AS ADDED BY P.L.143-2019, SECTION 36, IS AMENDED TO30 |
---|
| 8590 | + | READ AS FOLLOWS [EFFECTIVE JUNE 29, 2023]: Sec. 5.5. (a) The requirements described in section31 |
---|
| 8591 | + | 5(a) of this chapter do not apply to this section.32 |
---|
| 8592 | + | (b) A high school student is eligible to participate in the program if the student is enrolled in a work33 |
---|
| 8593 | + | based learning course (as defined in IC 20-43-8-0.7) IC 20-18-2-26.5) that is aligned with the sectors for34 |
---|
| 8594 | + | eligible employment described in section 5(b) of this chapter.35 |
---|
| 8595 | + | SECTION 206. IC 22-11-14-12, AS AMENDED BY P.L.170-2022, SECTION 35, IS AMENDED TO36 |
---|
| 8596 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 12. (a) A user fee, known as the public safety37 |
---|
| 8597 | + | fee, is imposed on retail transactions made in Indiana of fireworks, in accordance with section 13 of this38 |
---|
| 8598 | + | chapter.39 |
---|
| 8599 | + | (b) A person who acquires fireworks in a retail transaction is liable for the public safety fee on the40 |
---|
| 8600 | + | transaction and, except as otherwise provided in this chapter, shall pay the public safety fee to the retailer41 |
---|
| 8601 | + | as a separate added amount to the consideration in the transaction. The retailer shall collect the public42 |
---|
| 8602 | + | safety fee as an agent for the state.43 |
---|
| 8603 | + | (c) The public safety fee shall be deposited in the state general fund. The auditor of state shall annually44 |
---|
| 8604 | + | transfer the money received from the public safety fee as follows:45 |
---|
| 8605 | + | (1) The first two million dollars ($2,000,000) received shall be deposited in the regional public46 |
---|
| 8606 | + | safety training fund established by IC 10-15-3-12. remain in the state general fund.47 |
---|
| 8607 | + | (2) Any additional money received shall be deposited divided evenly between the state disaster48 |
---|
| 8608 | + | EH 1001—LS 7401/DI 125 |
---|
| 8609 | + | 168 relief fund established by IC 10-14-4-5 and the regional public safety training fund described in1 |
---|
| 8610 | + | subdivision (1). state general fund.2 |
---|
| 8611 | + | (d) The department of state revenue shall adopt rules under IC 4-22-2 necessary for the collection of3 |
---|
| 8612 | + | the public safety fee money from retailers as described in subsections (b) and (c).4 |
---|
| 8613 | + | SECTION 207. IC 22-14-6 IS REPEALED [EFFECTIVE JULY 1, 2023]. (Fire Training Infrastructure5 |
---|
| 8614 | + | Fund).6 |
---|
| 8615 | + | SECTION 208. IC 23-21 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ7 |
---|
| 8616 | + | AS FOLLOWS [EFFECTIVE JULY 1, 2023]:8 |
---|
| 8617 | + | ARTICLE 21. WEIGHTS AND MEASURES9 |
---|
| 8618 | + | Chapter 1. Division of Weights and Measures10 |
---|
| 8619 | + | Sec. 1. The division of weights and measures of the office of the secretary of state is established.11 |
---|
| 8620 | + | Sec. 2. The division of weights and measures has all the rights, duties, and powers provided12 |
---|
| 8621 | + | under IC 24-4-4 (coal delivery tickets) and IC 24-6 (weights, measures, and labeling).13 |
---|
| 8622 | + | Sec. 3. (a) In addition to the other remedies provided in this chapter, the secretary of state's14 |
---|
| 8623 | + | office shall adopt a schedule of civil penalties that may be levied to enforce the provisions of either15 |
---|
| 8624 | + | of the following:16 |
---|
| 8625 | + | (1) This chapter.17 |
---|
| 8626 | + | (2) The rules adopted under this chapter by the secretary of state's office.18 |
---|
| 8627 | + | (b) A penalty included in the schedule of civil penalties adopted under subsection (a) may not19 |
---|
| 8628 | + | exceed one thousand dollars ($1,000) for each violation for each day.20 |
---|
| 8629 | + | (c) The secretary of state's office may issue an order of compliance, impose a civil penalty21 |
---|
| 8630 | + | included in the schedule of civil penalties adopted under subsection (a), or both, against a person22 |
---|
| 8631 | + | who:23 |
---|
| 8632 | + | (1) fails to comply with this chapter or a rule adopted under this chapter; or24 |
---|
| 8633 | + | (2) interferes with or obstructs the office of the secretary of state or the office of the secretary25 |
---|
| 8634 | + | of state's designated agent in the performance of duties under this chapter.26 |
---|
| 8635 | + | (d) An order of compliance may be issued under IC 4-21.5-3-6, IC 4-21.5-3-8, or IC 4-21.5-4. A27 |
---|
| 8636 | + | civil penalty may be imposed only in a proceeding under IC 4-21.5-3-8.28 |
---|
| 8637 | + | (e) A proceeding commenced to impose a civil penalty may be consolidated with any other29 |
---|
| 8638 | + | proceeding commenced to enforce this chapter or a rule adopted under this chapter.30 |
---|
| 8639 | + | Chapter 2. Inspection, Labeling, and Registration of Motor Fuel and Motor Fuel Outlets31 |
---|
| 8640 | + | Sec. 1. To ensure uniformity among the requirements for motor fuels in Indiana, this chapter32 |
---|
| 8641 | + | establishes a program to assure the accuracy of the octane labeling of motor fuels.33 |
---|
| 8642 | + | Sec. 1.5. This chapter does not apply to motor fuel outlets where only aviation fuels are34 |
---|
| 8643 | + | distributed or sold.35 |
---|
| 8644 | + | Sec. 2. As used in this chapter, "motor fuel" means gasoline or gasoline-oxygenate blends36 |
---|
| 8645 | + | suitable for use as a fuel in a motor vehicle.37 |
---|
| 8646 | + | Sec. 3. As used in this chapter, "motor fuel outlet" means a location where motor fuel is sold at38 |
---|
| 8647 | + | retail to the public.39 |
---|
| 8648 | + | Sec. 4. The secretary of state's office shall enforce and administer this chapter.40 |
---|
| 8649 | + | Sec. 5. (a) The secretary of state's office shall establish a motor fuel inspection program that41 |
---|
| 8650 | + | provides for the:42 |
---|
| 8651 | + | (1) inspection; and43 |
---|
| 8652 | + | (2) analysis;44 |
---|
| 8653 | + | of octane levels of motor fuels sold at motor fuel outlets.45 |
---|
| 8654 | + | (b) The secretary of state's office shall adopt rules under IC 4-22-2 to use the test standards and46 |
---|
| 8655 | + | tolerances set forth in the Annual Book of ASTM Standards and Supplements, except as amended47 |
---|
| 8656 | + | or modified by the secretary of state's office.48 |
---|
| 8657 | + | EH 1001—LS 7401/DI 125 |
---|
| 8658 | + | 169 Sec. 6. The secretary of state's office may adopt rules under IC 4-22-2 to implement this chapter.1 |
---|
| 8659 | + | Sec. 7. In establishing the inspection program, the secretary of state's office shall collect samples2 |
---|
| 8660 | + | of motor fuel on a random basis for testing and analysis. The secretary of state's office may do the3 |
---|
| 8661 | + | following:4 |
---|
| 8662 | + | (1) Obtain access to motor fuel outlets during normal business hours for the following5 |
---|
| 8663 | + | purposes:6 |
---|
| 8664 | + | (A) Examination.7 |
---|
| 8665 | + | (B) Inspection.8 |
---|
| 8666 | + | (C) Investigation.9 |
---|
| 8667 | + | (2) Issue a stop sale order for violation of this chapter or for a motor fuel found not to be in10 |
---|
| 8668 | + | compliance with the standards set forth in this chapter.11 |
---|
| 8669 | + | (3) Rescind a stop sale order under subdivision (2) if the motor fuel is brought into full12 |
---|
| 8670 | + | compliance with this chapter.13 |
---|
| 8671 | + | (4) Refuse to issue, revoke, or suspend the registration of a motor fuel that is not in full14 |
---|
| 8672 | + | compliance with this chapter.15 |
---|
| 8673 | + | Sec. 8. (a) A person who sells a motor fuel at a motor fuel outlet shall do the following:16 |
---|
| 8674 | + | (1) Separately register each motor fuel outlet with the secretary of state's office.17 |
---|
| 8675 | + | (2) Pay the registration fee set under section 9 of this chapter.18 |
---|
| 8676 | + | (b) The registration required under subsection (a) must include the following:19 |
---|
| 8677 | + | (1) The name and address of the principal business address of the person registering the motor20 |
---|
| 8678 | + | fuel.21 |
---|
| 8679 | + | (2) The name and address of the motor fuel outlet where the motor fuel is sold.22 |
---|
| 8680 | + | (3) The name, brand, or trademark and the antiknock motor fuel to be marketed at the motor23 |
---|
| 8681 | + | fuel outlet.24 |
---|
| 8682 | + | Sec. 9. (a) The secretary of state's office shall collect an annual registration fee of fifty dollars25 |
---|
| 8683 | + | ($50) for each motor fuel outlet registered under this chapter.26 |
---|
| 8684 | + | (b) In addition to the fee in subsection (a), a penalty fee of fifty dollars ($50) may be imposed by27 |
---|
| 8685 | + | the secretary of state's office for an application for registration renewal filed after the previous28 |
---|
| 8686 | + | registration has expired. The secretary of state's office may waive the penalty fee for a showing of29 |
---|
| 8687 | + | good cause.30 |
---|
| 8688 | + | Sec. 10. (a) The motor fuel inspection fund is established for the purpose of facilitating31 |
---|
| 8689 | + | compliance with and enforcement of this chapter. The secretary of state's office shall administer32 |
---|
| 8690 | + | the fund.33 |
---|
| 8691 | + | (b) The fund consists of the fees collected under section 9 of this chapter.34 |
---|
| 8692 | + | (c) The expenses of administering the fund shall be paid from the money in the fund.35 |
---|
| 8693 | + | (d) The treasurer of state shall invest the money in the fund not currently needed to meet the36 |
---|
| 8694 | + | obligations of the fund in the same manner as other public funds may be invested. Interest that37 |
---|
| 8695 | + | accrues from these investments shall be deposited in the fund.38 |
---|
| 8696 | + | (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.39 |
---|
| 8697 | + | Sec. 11. A person violates this chapter if the person does any of the following:40 |
---|
| 8698 | + | (1) Markets a motor fuel without properly labeling the octane number (antiknock index) of the41 |
---|
| 8699 | + | motor fuel in conformance with the octane posting requirements contained in 16 CFR Part 30642 |
---|
| 8700 | + | and issued under the Petroleum Marketing Practices Act of 1978 (15 U.S.C. 2801).43 |
---|
| 8701 | + | (2) Submits:44 |
---|
| 8702 | + | (A) incorrect;45 |
---|
| 8703 | + | (B) misleading; or46 |
---|
| 8704 | + | (C) false information;47 |
---|
| 8705 | + | regarding the registration of a motor fuel or a motor fuel outlet.48 |
---|
| 8706 | + | EH 1001—LS 7401/DI 125 |
---|
| 8707 | + | 170 (3) Hinders or obstructs the secretary of state's office in the enforcement of this chapter.1 |
---|
| 8708 | + | (4) Markets a motor fuel that is not in compliance with this chapter.2 |
---|
| 8709 | + | (5) Markets a motor fuel at an outlet that is not registered by the person under this chapter.3 |
---|
| 8710 | + | Chapter 3. Regulation of Lodging Facilities and Bedding Materials: Materials Used in4 |
---|
| 8711 | + | Mattresses and Bedding5 |
---|
| 8712 | + | Sec. 1. The regulation and inspection of the use of unsanitary material in the manufacture,6 |
---|
| 8713 | + | renovation, or repair of bedding and the sale of articles of bedding containing unsanitary material7 |
---|
| 8714 | + | are necessary for the protection of the health and welfare of the people of Indiana and are declared8 |
---|
| 8715 | + | to be a proper exercise of the police powers of the state.9 |
---|
| 8716 | + | Sec. 2. This chapter does not apply to the sale by a householder of bedding that meets the10 |
---|
| 8717 | + | following conditions:11 |
---|
| 8718 | + | (1) Was owned and used by the householder and the householder's family.12 |
---|
| 8719 | + | (2) Was not acquired for resale.13 |
---|
| 8720 | + | However, the sale of the bedding by a householder through an agent must be within the provisions14 |
---|
| 8721 | + | of this chapter.15 |
---|
| 8722 | + | Sec. 3. This chapter does not apply to the making, remaking, or renovating of any article of16 |
---|
| 8723 | + | bedding by or for the owner, for the owner's own use, and for the purpose of sale:17 |
---|
| 8724 | + | (1) if the same or new material is used; or18 |
---|
| 8725 | + | (2) if sterilized material is used and that fact is indicated on a label prescribed by the secretary19 |
---|
| 8726 | + | of state's office.20 |
---|
| 8727 | + | Sec. 4. This chapter does not apply to any articles of bedding sold under court order.21 |
---|
| 8728 | + | Sec. 5. As used in this chapter, "bedding" means any mattress, mattress pad, mattress protector22 |
---|
| 8729 | + | pad, box spring, upholstered spring, upholstered sofa bed, quilted pad, comforter, bolster, cushion,23 |
---|
| 8730 | + | pillow, featherbed, sleeping bag, or any other bag, case, or covering that meets the following24 |
---|
| 8731 | + | conditions:25 |
---|
| 8732 | + | (1) Is made of leather, textile, or other material.26 |
---|
| 8733 | + | (2) Is stuffed or filled with any soft material or substance.27 |
---|
| 8734 | + | (3) Is designed or made for sleeping or reclining purposes or that is an integral part of a bed28 |
---|
| 8735 | + | or couch or other device used for sleeping or reclining purposes.29 |
---|
| 8736 | + | Sec. 6. As used in this chapter, "filling material" means the following:30 |
---|
| 8737 | + | (1) Hair.31 |
---|
| 8738 | + | (2) Down.32 |
---|
| 8739 | + | (3) Feathers.33 |
---|
| 8740 | + | (4) Wool.34 |
---|
| 8741 | + | (5) Cotton.35 |
---|
| 8742 | + | (6) Kapok.36 |
---|
| 8743 | + | (7) Plant fibers.37 |
---|
| 8744 | + | (8) Any other soft material used in the manufacture of and the filling or stuffing of articles of38 |
---|
| 8745 | + | bedding.39 |
---|
| 8746 | + | Sec. 7. (a) As used in this chapter, "manufacture" means making, remaking, or renovating.40 |
---|
| 8747 | + | (b) The term includes altering, repairing, finishing, refinishing, or preparing articles of bedding41 |
---|
| 8748 | + | for sale or resale made of either new or secondhand material.42 |
---|
| 8749 | + | Sec. 8. As used in this chapter, "new" means an article of bedding or filling material that has not43 |
---|
| 8750 | + | been previously used for any purpose. Manufacturing processes may not be considered a prior use.44 |
---|
| 8751 | + | Sec. 9. As used in this chapter, "renovate" means to restore to former condition or to place in45 |
---|
| 8752 | + | a good state of repair.46 |
---|
| 8753 | + | Sec. 10. As used in this chapter, "secondhand" means any article of bedding or material or part47 |
---|
| 8754 | + | of bedding or material of which prior use of any kind has been made. An article of bedding must48 |
---|
| 8755 | + | EH 1001—LS 7401/DI 125 |
---|
| 8756 | + | 171 be considered secondhand if the article contains any secondhand material in whole or in part.1 |
---|
| 8757 | + | Sec. 11. As used in this chapter, "sell", or a variation of "sell", includes any of the following, or2 |
---|
| 8758 | + | any combination of the following:3 |
---|
| 8759 | + | (1) Sell.4 |
---|
| 8760 | + | (2) Offer.5 |
---|
| 8761 | + | (3) Expose for sale.6 |
---|
| 8762 | + | (4) Barter.7 |
---|
| 8763 | + | (5) Trade.8 |
---|
| 8764 | + | (6) Lend.9 |
---|
| 8765 | + | (7) Deliver.10 |
---|
| 8766 | + | (8) Give away.11 |
---|
| 8767 | + | (9) Rent.12 |
---|
| 8768 | + | (10) Consign.13 |
---|
| 8769 | + | (11) Lease.14 |
---|
| 8770 | + | (12) Possess with intent to sell.15 |
---|
| 8771 | + | (13) Dispose of in any other commercial manner.16 |
---|
| 8772 | + | Sec. 12. As used in this chapter, "supply dealer" means any person manufacturing, processing,17 |
---|
| 8773 | + | or selling at wholesale any felt batting, pads, or loose material in bags or containers, concealed or18 |
---|
| 8774 | + | not concealed, to be used in articles of bedding.19 |
---|
| 8775 | + | Sec. 13. (a) As used in this chapter, "wholesaler" means a person located outside Indiana who,20 |
---|
| 8776 | + | on the person's own account, sells or distributes an article of bedding or filling material to another21 |
---|
| 8777 | + | for the purpose of resale.22 |
---|
| 8778 | + | (b) The term does not include an affiliate or a subsidiary:23 |
---|
| 8779 | + | (1) if the ownership and name are identical; and24 |
---|
| 8780 | + | (2) that is the exclusive sales outlet of a manufacturer.25 |
---|
| 8781 | + | Sec. 14. (a) The secretary of state's office shall administer this chapter. The secretary of state's26 |
---|
| 8782 | + | office may:27 |
---|
| 8783 | + | (1) adopt rules under IC 4-22-2 to administer this chapter;28 |
---|
| 8784 | + | (2) employ persons as necessary under IC 4-15-2.2;29 |
---|
| 8785 | + | (3) make expenditures;30 |
---|
| 8786 | + | (4) require reports and records;31 |
---|
| 8787 | + | (5) make investigations; and32 |
---|
| 8788 | + | (6) take other action;33 |
---|
| 8789 | + | as the secretary of state's office considers necessary or suitable for the proper administration of this34 |
---|
| 8790 | + | chapter.35 |
---|
| 8791 | + | (b) The secretary of state's office may authorize persons to do any act that may be done by the36 |
---|
| 8792 | + | secretary of state's office.37 |
---|
| 8793 | + | Sec. 15. (a) The secretary of state's office may take possession of an article of bedding or filling38 |
---|
| 8794 | + | material made or offered for sale for inspection and may open the article of bedding to examine the39 |
---|
| 8795 | + | contents.40 |
---|
| 8796 | + | (b) The secretary of state's office may also inspect the purchase records of the owner of the41 |
---|
| 8797 | + | articles of bedding to determine the kinds of materials used.42 |
---|
| 8798 | + | Sec. 16. (a) If an article of bedding does not meet the requirements of this chapter, the secretary43 |
---|
| 8799 | + | of state's office shall do the following:44 |
---|
| 8800 | + | (1) Prohibit the sale of the article.45 |
---|
| 8801 | + | (2) Affix to each article of bedding a label designed and prescribed by the secretary of state's46 |
---|
| 8802 | + | office.47 |
---|
| 8803 | + | (b) The article of bedding may not be sold without the written consent of the secretary of state's48 |
---|
| 8804 | + | EH 1001—LS 7401/DI 125 |
---|
| 8805 | + | 172 office. The label may not be removed except by an agent of the secretary of state's office.1 |
---|
| 8806 | + | Sec. 17. A location where:2 |
---|
| 8807 | + | (1) an article of bedding covered by this chapter is made, remade, or renovated;3 |
---|
| 8808 | + | (2) material for the article of bedding is manufactured, prepared, or stored;4 |
---|
| 8809 | + | (3) the article of bedding is offered for sale or is possessed with intention to sell; or5 |
---|
| 8810 | + | (4) sterilization or disinfection is performed;6 |
---|
| 8811 | + | is subject to periodic inspection by the secretary of state's office for the purpose of administering7 |
---|
| 8812 | + | or enforcing this chapter.8 |
---|
| 8813 | + | Sec. 18. It is unlawful for any person to interfere with any inspection under this chapter.9 |
---|
| 8814 | + | Sec. 19. A person engaged in:10 |
---|
| 8815 | + | (1) the manufacturing, remaking, or renovating of an article of bedding; or11 |
---|
| 8816 | + | (2) processing or selling felt, batting, pads, or loose material to be used in articles of bedding12 |
---|
| 8817 | + | covered by this chapter;13 |
---|
| 8818 | + | may not use any secondhand material, new or secondhand feathers, down, or any material that14 |
---|
| 8819 | + | comes from an animal unless the secondhand material, feathers, down, or other material has been15 |
---|
| 8820 | + | thoroughly sterilized or disinfected by a process approved by the secretary of state's office.16 |
---|
| 8821 | + | Sec. 20. A person may not sell:17 |
---|
| 8822 | + | (1) an article of bedding covered by this chapter that is made, remade, or renovated in18 |
---|
| 8823 | + | violation of this chapter; or19 |
---|
| 8824 | + | (2) a secondhand article of bedding or filling material covered by this chapter unless, since the20 |
---|
| 8825 | + | article's last use, the article has been sterilized or disinfected by a process approved by the21 |
---|
| 8826 | + | secretary of state's office.22 |
---|
| 8827 | + | Sec. 21. (a) A person desiring to secure approval of the process by which the articles of bedding23 |
---|
| 8828 | + | or filling materials are sterilized or disinfected, in accordance with sections 19 and 20 of this24 |
---|
| 8829 | + | chapter, shall submit to the secretary of state's office a plan of the apparatus and the process25 |
---|
| 8830 | + | intended to be used for such sterilization or disinfection.26 |
---|
| 8831 | + | (b) After the secretary of state's office inspects and approves the process and equipment to be27 |
---|
| 8832 | + | used, the secretary of state's office shall issue a numbered permit for use.28 |
---|
| 8833 | + | (c) A sterilization or disinfection permit issued under subsection (b) must be conspicuously29 |
---|
| 8834 | + | posted on the premises near the sterilizer.30 |
---|
| 8835 | + | (d) A person holding a sterilization or disinfection permit shall keep an accurate written record31 |
---|
| 8836 | + | of all articles of materials that are sterilized or disinfected, including the following:32 |
---|
| 8837 | + | (1) The date the sterilization or disinfection was performed.33 |
---|
| 8838 | + | (2) In the case of articles of bedding, the name and address of the buyer or owner of the34 |
---|
| 8839 | + | articles.35 |
---|
| 8840 | + | This record shall be available for examination at any time by the secretary of state's office.36 |
---|
| 8841 | + | (e) An application for a permit for the approval of a sterilization or disinfection process and37 |
---|
| 8842 | + | equipment located outside Indiana may be approved only after the secretary of state's office38 |
---|
| 8843 | + | conducts a personal inspection of that process and equipment, unless the other state has an39 |
---|
| 8844 | + | inspection service that is acceptable to the secretary of state's office. The applicant shall pay the40 |
---|
| 8845 | + | expenses for an inspection outside Indiana.41 |
---|
| 8846 | + | (f) The secretary of state's office shall revoke the sterilization or disinfection permit of a person42 |
---|
| 8847 | + | who, after fair hearing or opportunity to be heard by the secretary of state's office, is found to be43 |
---|
| 8848 | + | in noncompliance with the sterilization or disinfection provisions of this chapter. The secretary of44 |
---|
| 8849 | + | state's office may not issue a new permit to the person until the person does the following:45 |
---|
| 8850 | + | (1) Satisfies the secretary of state's office that the person will comply with this chapter and the46 |
---|
| 8851 | + | rules adopted under this chapter.47 |
---|
| 8852 | + | (2) Posts a five hundred dollar ($500) bond in favor of the secretary of state's office to48 |
---|
| 8853 | + | EH 1001—LS 7401/DI 125 |
---|
| 8854 | + | 173 guarantee compliance.1 |
---|
| 8855 | + | (g) This chapter does not prevent a person engaged in the making, remaking, renovation, or sale2 |
---|
| 8856 | + | of an article of bedding or material that requires sterilization or disinfection under this chapter3 |
---|
| 8857 | + | from having the sterilization or disinfecting performed by a person who has a valid permit for the4 |
---|
| 8858 | + | purposes if the number of the permit appears on the tag attached to each article of bedding or5 |
---|
| 8859 | + | filling material as described in section 22 of this chapter.6 |
---|
| 8860 | + | Sec. 22. (a) Each new article of bedding governed by this chapter must have securely attached7 |
---|
| 8861 | + | to the article a substantial white cloth tag that meets the following conditions:8 |
---|
| 8862 | + | (1) Is visible on the outside covering, with the visible part being not less than six (6) square9 |
---|
| 8863 | + | inches in size.10 |
---|
| 8864 | + | (2) Will not flake when abraded.11 |
---|
| 8865 | + | (3) Upon which is indelibly stamped or printed in the English language a statement of the12 |
---|
| 8866 | + | following:13 |
---|
| 8867 | + | (A) Describing the kind of materials used in filling the article of bedding.14 |
---|
| 8868 | + | (B) Stating that the materials are new.15 |
---|
| 8869 | + | (C) Disclosing the name and address of the manufacturer, distributor, or vendor.16 |
---|
| 8870 | + | (D) For articles of bedding made of feather, down, or material that comes from an animal,17 |
---|
| 8871 | + | the number of the permit issued to the processor who sterilized or disinfected the materials.18 |
---|
| 8872 | + | (E) For articles of bedding containing mixtures of material from animal or fowl, the19 |
---|
| 8873 | + | percentage by weight of each kind of material contained in the article of bedding.20 |
---|
| 8874 | + | (b) Each article of bedding containing secondhand material, in whole or in part, must have21 |
---|
| 8875 | + | securely attached to the article a similar tag of yellow cloth upon which is stamped or printed in the22 |
---|
| 8876 | + | same manner as required in subsection (a) a statement of the following:23 |
---|
| 8877 | + | (1) Describing the kind of materials used in filling the article of bedding.24 |
---|
| 8878 | + | (2) Stating that the article of bedding or materials in the bedding are secondhand.25 |
---|
| 8879 | + | (3) Disclosing the number of the permit issued to the processor who sterilized or disinfected26 |
---|
| 8880 | + | the article of bedding or materials in the bedding.27 |
---|
| 8881 | + | (c) A shipment or delivery, however contained, of material used for filling articles of bedding28 |
---|
| 8882 | + | must have conspicuously attached to the material a tag upon which is stamped or printed, as29 |
---|
| 8883 | + | required in this section, a statement of the following:30 |
---|
| 8884 | + | (1) Describing the kind of material.31 |
---|
| 8885 | + | (2) Stating whether the material is new or secondhand.32 |
---|
| 8886 | + | (3) Disclosing the name and address of the manufacturer, distributor, or vendor.33 |
---|
| 8887 | + | (4) For secondhand material or material from animal or fowl, disclosing the permit number34 |
---|
| 8888 | + | of the processor who sterilized or disinfected the material.35 |
---|
| 8889 | + | (d) The terms used on the tag to describe filling materials must be restricted to those defined in36 |
---|
| 8890 | + | the rules adopted under this chapter. A trade or substitute term may not be used, and no additional37 |
---|
| 8891 | + | information may be contained in the statement. The description of the filling material and the38 |
---|
| 8892 | + | statement of whether new or secondhand must be in plain type not less than one-eighth (1/8) inch39 |
---|
| 8893 | + | in height.40 |
---|
| 8894 | + | Sec. 23. A person may not:41 |
---|
| 8895 | + | (1) use a false or misleading statement, term, or designation on a bedding label; or42 |
---|
| 8896 | + | (2) remove, deface, or alter or attempt to remove, deface, or alter the label or the statement43 |
---|
| 8897 | + | of filling materials that appears on the label.44 |
---|
| 8898 | + | Sec. 24. The possession of an article of bedding or filling material by a maker, remaker, or dealer45 |
---|
| 8899 | + | in the course of business is presumptive evidence of intent to sell.46 |
---|
| 8900 | + | Sec. 25. A person who receives an article of bedding governed by this chapter for renovation47 |
---|
| 8901 | + | shall attach, at the time received, a red tag on which the date of receipt and the name and address48 |
---|
| 8902 | + | EH 1001—LS 7401/DI 125 |
---|
| 8903 | + | 174 of the owner are legibly written.1 |
---|
| 8904 | + | Sec. 26. Filling material that is used in the manufacture of bedding governed by this chapter2 |
---|
| 8905 | + | must be free from extraneous foreign matter, dirt, or trash.3 |
---|
| 8906 | + | Sec. 27. The premises, delivery equipment, machinery, appliances, and devices of:4 |
---|
| 8907 | + | (1) bedding manufacturers;5 |
---|
| 8908 | + | (2) supply dealers;6 |
---|
| 8909 | + | (3) renovators;7 |
---|
| 8910 | + | (4) sterilizers or disinfectors; and8 |
---|
| 8911 | + | (5) retailers;9 |
---|
| 8912 | + | must at all times be kept free from refuse, dirt contaminations, insects, and vermin.10 |
---|
| 8913 | + | Sec. 28. (a) A person who:11 |
---|
| 8914 | + | (1) knowingly makes a false statement, misrepresentation, or report to the secretary of state's12 |
---|
| 8915 | + | office; or13 |
---|
| 8916 | + | (2) knowingly fails to disclose a material fact to avoid liability under this chapter;14 |
---|
| 8917 | + | commits a Class B misdemeanor.15 |
---|
| 8918 | + | (b) A person who knowingly violates or fails to comply with this chapter commits a Class B16 |
---|
| 8919 | + | misdemeanor.17 |
---|
| 8920 | + | Sec. 29. All proceedings for the enforcement of this chapter or to restrain violations of this18 |
---|
| 8921 | + | chapter shall be in the name of the state.19 |
---|
| 8922 | + | SECTION 209. IC 24-6-3-3, AS AMENDED BY HEA 1013-2023, SECTION 215, IS AMENDED20 |
---|
| 8923 | + | TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. The board of commissioners of every21 |
---|
| 8924 | + | county of thirty thousand (30,000) population or more shall, and the board of commissioners of any22 |
---|
| 8925 | + | county of less than thirty thousand (30,000) population may appoint a county inspector of weights and23 |
---|
| 8926 | + | measures. No person shall be appointed as a county inspector of weights and measures in any county24 |
---|
| 8927 | + | unless such person shall have been approved by the division of weights and measures of the Indiana25 |
---|
| 8928 | + | department of health, secretary of state's office, and no county inspector of weights and measures in any26 |
---|
| 8929 | + | county shall be removed by the board of commissioners without the approval and consent of the division27 |
---|
| 8930 | + | of weights and measures. The compensation of a county inspector of weights and measures shall be28 |
---|
| 8931 | + | determined by the board and paid out of the county treasury. It shall not be obligatory upon the board of29 |
---|
| 8932 | + | county commissioners of such counties containing a city or cities which are already provided with an30 |
---|
| 8933 | + | inspector of weights and measures or city sealers to make such appointments. The board shall provide the31 |
---|
| 8934 | + | necessary apparatus and supplies for the said inspector of weights and measures and the county councils32 |
---|
| 8935 | + | of such counties shall appropriate such sums of money as are necessary for the salary and maintenance33 |
---|
| 8936 | + | of the office. Two (2) or more adjoining counties, by appropriate action of the boards of commissioners34 |
---|
| 8937 | + | of such counties, may form an inspection district and provide by mutual agreement for the appointment35 |
---|
| 8938 | + | of a district inspector of weights and measures. The compensation of such inspector shall be apportioned36 |
---|
| 8939 | + | among the counties forming the district in proportion to the population thereof.37 |
---|
| 8940 | + | SECTION 210. IC 24-6-3-4, AS AMENDED BY HEA 1013-2023, SECTION 216, IS AMENDED38 |
---|
| 8941 | + | TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) The legislative body of a city having39 |
---|
| 8942 | + | a population of at least twenty thousand (20,000) may provide for the appointment by the board of public40 |
---|
| 8943 | + | safety of an inspector of weights and measures and provide for the inspector's compensation and for the41 |
---|
| 8944 | + | necessary apparatus and expenses to be paid out of the city treasury. The inspector of weights and42 |
---|
| 8945 | + | measures shall serve continuously during good behavior under the provisions of IC 36-8-3-4 governing43 |
---|
| 8946 | + | the fire and police force. The inspector of weights and measures shall not be removed for any political44 |
---|
| 8947 | + | reason and only for good and sufficient cause after an opportunity for hearing is given by the board of45 |
---|
| 8948 | + | public safety. However, this subsection does not affect the power of the division of weights and measures46 |
---|
| 8949 | + | of the Indiana department of health secretary of state's office to discharge county or city inspectors of47 |
---|
| 8950 | + | weights and measures under section 6 of this chapter.48 |
---|
| 8951 | + | EH 1001—LS 7401/DI 125 |
---|
| 8952 | + | 175 (b) A person may not be appointed as a city inspector of weights and measures unless the person is1 |
---|
| 8953 | + | approved by the division of weights and measures. A city inspector of weights and measures may not be2 |
---|
| 8954 | + | removed without the approval and consent of the division of weights and measures.3 |
---|
| 8955 | + | (c) The same person may be employed as a city and county inspector of weights and measures. If the4 |
---|
| 8956 | + | same person is so employed, the compensation and expenses of the inspector shall be divided between5 |
---|
| 8957 | + | the city and county, as agreed upon under IC 36-1-7.6 |
---|
| 8958 | + | (d) If a city having a population of at least twenty thousand (20,000) does not provide for the7 |
---|
| 8959 | + | appointment of an inspector of weights and measures, the executive of the county containing the city shall8 |
---|
| 8960 | + | require the county inspector of weights and measures to perform those duties for that city.9 |
---|
| 8961 | + | SECTION 211. IC 24-6-3-6, AS AMENDED BY HEA 1013-2023, SECTION 217, IS AMENDED10 |
---|
| 8962 | + | TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. Only those persons shall be eligible to11 |
---|
| 8963 | + | appointment to the position of county or city inspectors of weights and measures who on March 9, 1925,12 |
---|
| 8964 | + | are county or city sealers or inspectors of weights and measures or who have passed an examination which13 |
---|
| 8965 | + | shall be given by the division of weights and measures of the Indiana department of health secretary of14 |
---|
| 8966 | + | state's office to test the ability of the person so examined to perform satisfactorily the duties of a county15 |
---|
| 8967 | + | or city inspector of weights and measures. If it is evident to the division of weights and measures that any16 |
---|
| 8968 | + | county or city inspector of weights and measures is not properly and faithfully performing the duties of17 |
---|
| 8969 | + | the office, the division of weights and measures shall have power to discharge such county or city18 |
---|
| 8970 | + | inspector of weights and measures. Such removal, however, shall not be made until five (5) days' notice19 |
---|
| 8971 | + | of the charge or charges shall have been mailed to him by the division, naming a time and place for a20 |
---|
| 8972 | + | hearing not less than two (2) weeks later than the time of mailing such notice to the county or city21 |
---|
| 8973 | + | inspector of weights and measures; provided, however, that any county or city inspector of weights and22 |
---|
| 8974 | + | measures so removed by the division of weights and measures shall have the right to appeal from the23 |
---|
| 8975 | + | action of the division to the circuit or superior court of the county in which such county or city inspector24 |
---|
| 8976 | + | of weights and measures resides, and during the pendency of such appeal, such county or city inspector25 |
---|
| 8977 | + | of weights and measures may serve in the inspector's official capacity. Any county or city inspector of26 |
---|
| 8978 | + | weights and measures discharged as provided in this section shall be ineligible to hold the position of27 |
---|
| 8979 | + | county or city inspector of weights and measures for four (4) years, and the vacancy shall be filled by the28 |
---|
| 8980 | + | proper authorities as provided in this chapter.29 |
---|
| 8981 | + | SECTION 212. IC 24-6-3-11, AS AMENDED BY HEA 1013-2023, SECTION 218, IS AMENDED30 |
---|
| 8982 | + | TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. No person, firm, limited liability31 |
---|
| 8983 | + | company, or corporation shall use or retain in the person's, firm's, company's, or corporation's possession32 |
---|
| 8984 | + | any false scales, weights, or measures or measuring device or any weight or measure or weighing or33 |
---|
| 8985 | + | measuring device in the buying or selling of any commodity or thing or in calculating or measuring34 |
---|
| 8986 | + | service, or dispose of any condemned scales, weights, measures, or weighing or measuring device, except35 |
---|
| 8987 | + | in accordance with such rules, specifications, and tolerances as may be adopted by the division of weights36 |
---|
| 8988 | + | and measures of the Indiana department of health secretary of state's office, as provided in section 2 of37 |
---|
| 8989 | + | this chapter, or remove any tag, stamp, or mark placed thereon by the inspector; and no person, firm,38 |
---|
| 8990 | + | limited liability company, or corporation shall sell or offer or expose for sale or deliver less than the39 |
---|
| 8991 | + | quantity the person, firm, limited liability company, or corporation represents, or sell, offer for sale, or40 |
---|
| 8992 | + | have in the person's, firm's, limited liability company's, or corporation's possession for the purpose of41 |
---|
| 8993 | + | selling any false scales, weight, or measure, or any device or instrument to be used or calculated to falsify42 |
---|
| 8994 | + | any weight or measure.43 |
---|
| 8995 | + | SECTION 213. IC 24-6-3-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]:44 |
---|
| 8996 | + | Sec. 16. (a) The state department secretary of state's office may adopt emergency rules under45 |
---|
| 8997 | + | IC 4-22-2-37.1 to establish standards for weights and measures to be used by the state department.46 |
---|
| 8998 | + | secretary of state's office. A standard adopted under this section must be the same as or at least as47 |
---|
| 8999 | + | EH 1001—LS 7401/DI 125 |
---|
| 9000 | + | 176 effective as the standards adopted by the National Conference on Weights and Measures, including1 |
---|
| 9001 | + | amendments to those standards in effect on June 30, 1993, and found in:2 |
---|
| 9002 | + | (1) Handbook 44: Specification, Tolerances, and Other Technical Requirements for Weighing and3 |
---|
| 9003 | + | Measuring Devices;4 |
---|
| 9004 | + | (2) Handbook 130: Chapter A, Uniform Packaging and Labeling Regulation;5 |
---|
| 9005 | + | (3) Handbook 130: Chapter B, Uniform Regulation for the Method of Sale of Commodities, except6 |
---|
| 9006 | + | for Section 2.20; and7 |
---|
| 9007 | + | (4) Handbook 133: Checking the Net Contents of Packaged Goods;8 |
---|
| 9008 | + | all published by the National Institute of Standards and Technology.9 |
---|
| 9009 | + | (b) The state department secretary of state's office may determine when an amendment to federal10 |
---|
| 9010 | + | standards described in subsection (a) has been adopted. If the state department secretary of state's office11 |
---|
| 9011 | + | determines that an amendment to the federal standards has been adopted, the state department secretary12 |
---|
| 9012 | + | of state's office may adopt emergency rules under IC 4-22-2-37.1 to amend the rules adopted by the state13 |
---|
| 9013 | + | department secretary of state's office under subsection (a). An emergency rule adopted under this14 |
---|
| 9014 | + | subsection must provide a standard that is:15 |
---|
| 9015 | + | (1) the same as; or16 |
---|
| 9016 | + | (2) at least as effective as;17 |
---|
| 9017 | + | the amendment to the federal standards for weights and measures. An emergency rule adopted under this18 |
---|
| 9018 | + | subsection must take effect not later than sixty (60) days after the date of publication of the amendment19 |
---|
| 9019 | + | to the federal standards.20 |
---|
| 9020 | + | SECTION 214. IC 24-6-3-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]:21 |
---|
| 9021 | + | Sec. 17. The state department secretary of state's office may not adopt rules requiring the posting of22 |
---|
| 9022 | + | notices concerning oxygenates on or near engine fuel dispensers located at retail service stations.23 |
---|
| 9023 | + | SECTION 215. IC 24-6-5-12, AS AMENDED BY HEA 1013-2023, SECTION 219, IS AMENDED24 |
---|
| 9024 | + | TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 12. It shall be the duty of the division of25 |
---|
| 9025 | + | weights and measures of the Indiana department of health secretary of state's office to enforce all the26 |
---|
| 9026 | + | provisions of this chapter, and it shall prescribe such rules as it may find necessary for carrying into effect27 |
---|
| 9027 | + | the provisions of this chapter, and shall cause such examinations and tests to be made as may be necessary28 |
---|
| 9028 | + | in order to determine whether hampers, round stave baskets, splint baskets, climax baskets, and baskets29 |
---|
| 9029 | + | or containers for berries or other small fruits and vegetables, or parts thereof, subject to this chapter, meet30 |
---|
| 9030 | + | its requirements. For this purpose, the authorized officers and agents of the division of weights and31 |
---|
| 9031 | + | measures may visit factories, stock rooms, and other places of business where such hampers, baskets, and32 |
---|
| 9032 | + | containers, or parts thereof, are manufactured or held for sale or shipment, or offered for sale, and may33 |
---|
| 9033 | + | enter cars, vessels, other vehicles, and places under the control of carriers engaged in the transportation34 |
---|
| 9034 | + | of such hampers, baskets, and containers, or parts thereof, and may take samples of such hampers,35 |
---|
| 9035 | + | baskets, and boxes, or parts thereof or, upon written request from the division of weights and measures36 |
---|
| 9036 | + | or its authorized agents. Any manufacturers, shippers, carriers, or holders of such hampers, baskets, and37 |
---|
| 9037 | + | containers or parts thereof shall furnish samples of such hampers, baskets, and containers, or parts thereof,38 |
---|
| 9038 | + | as are required for the purpose of inspection as in this chapter provided.39 |
---|
| 9039 | + | SECTION 216. IC 24-6-5-13, AS AMENDED BY HEA 1013-2023, SECTION 220, IS AMENDED40 |
---|
| 9040 | + | TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13. For carrying out the purpose of this41 |
---|
| 9041 | + | chapter, the division of weights and measures of the Indiana department of health secretary of state's42 |
---|
| 9042 | + | office is authorized to cooperate with state, county, and municipal authorities, manufacturers, dealers, and43 |
---|
| 9043 | + | shippers.44 |
---|
| 9044 | + | SECTION 217. IC 24-6-6-9, AS AMENDED BY HEA 1013-2023, SECTION 221, IS AMENDED45 |
---|
| 9045 | + | TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 9. The Indiana department of health,46 |
---|
| 9046 | + | secretary of state's office, its division of weights and measures, food inspectors, sealers of weights and47 |
---|
| 9047 | + | EH 1001—LS 7401/DI 125 |
---|
| 9048 | + | 177 measures, and agents are hereby charged with the enforcement of the provisions of this chapter. It shall1 |
---|
| 9049 | + | be the duty of every prosecuting attorney to whom the Indiana department of health secretary of state's2 |
---|
| 9050 | + | office or any of its agents shall report any violation of the provisions of this chapter to cause proceedings3 |
---|
| 9051 | + | to be commenced against the person or persons so violating the provisions of this chapter and to prosecute4 |
---|
| 9052 | + | the same to final termination.5 |
---|
| 9053 | + | SECTION 218. IC 25-38.1-2-19, AS AMENDED BY P.L.48-2022, SECTION 24, IS AMENDED TO6 |
---|
| 9054 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 19. (a) The board shall establish by rule under7 |
---|
| 9055 | + | IC 25-1-8 fees sufficient to implement this article, including fees for examining and licensing8 |
---|
| 9056 | + | veterinarians and for examining and registering veterinary technicians.9 |
---|
| 9057 | + | (b) In addition to the fee to issue or renew a license, registration, or permit, the board may, after prior10 |
---|
| 9058 | + | budget committee review, establish a fee of not more than ten dollars ($10) per year for a person who11 |
---|
| 9059 | + | holds a license or special permit as a veterinarian or a registration or special permit as a veterinary12 |
---|
| 9060 | + | technician to provide funds for administering and enforcing the provisions of this article, including13 |
---|
| 9061 | + | investigating and taking action against persons who violate this article. All funds collected under this14 |
---|
| 9062 | + | subsection shall be deposited in the veterinary medicine fund established by section 25 of this chapter.15 |
---|
| 9063 | + | (c) The fees established under this section shall be charged and collected by the state board.16 |
---|
| 9064 | + | 17 SECTION 219. IC 31-9-2-131.7, AS ADDED BY P.L.68-2022, SECTION 2, IS AMENDED TO |
---|
| 9065 | + | 18READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 131.7. "Unlicensed caregiver", for purposes |
---|
| 9066 | + | 19of IC 31-32-2.5, IC 31-32-4-5, and IC 31-34-21-4.5, means a relative (as defined by IC 31-9-2-107(c)) |
---|
| 9067 | + | 20who is: |
---|
| 9068 | + | 21 (1) providing care and supervision to a child under a court order for purposes of placement in a child |
---|
| 9069 | + | 22 in need of services case or juvenile delinquency case; and |
---|
| 9070 | + | (2) not licensed as a foster parent under IC 31-27-4.23 |
---|
| 9071 | + | SECTION 220. IC 31-25-2-7, AS AMENDED BY P.L.104-2015, SECTION 15, IS AMENDED TO24 |
---|
| 9072 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) The department is responsible for the25 |
---|
| 9073 | + | following:26 |
---|
| 9074 | + | (1) Providing child protection services under this article.27 |
---|
| 9075 | + | (2) Providing and administering child abuse and neglect prevention services.28 |
---|
| 9076 | + | (3) Providing and administering child services.29 |
---|
| 9077 | + | (4) Providing and administering family services.30 |
---|
| 9078 | + | (5) Providing family preservation services under IC 31-26-5.31 |
---|
| 9079 | + | (6) Regulating and licensing the following under IC 31-27:32 |
---|
| 9080 | + | (A) Child caring institutions.33 |
---|
| 9081 | + | (B) Foster family homes.34 |
---|
| 9082 | + | (C) Group homes.35 |
---|
| 9083 | + | (D) Child placing agencies.36 |
---|
| 9084 | + | (7) Administering the state's plan for the administration of Title IV-D of the federal Social Security37 |
---|
| 9085 | + | Act (42 U.S.C. 651 et seq.).38 |
---|
| 9086 | + | (8) Administering foster care services.39 |
---|
| 9087 | + | (9) Administering successful adulthood services (as described in 42 U.S.C. 677 et seq.).40 |
---|
| 9088 | + | (10) Administering adoption and guardianship services.41 |
---|
| 9089 | + | (11) Certifying and providing grants to the youth services bureaus under IC 31-26-1.42 |
---|
| 9090 | + | (12) Administering the project safe program.43 |
---|
| 9091 | + | (13) Paying for programs and services as provided under IC 31-40.44 |
---|
| 9092 | + | (14) Obtaining on an annual basis a consumer report, as defined in 42 U.S.C. 1681a(d), for each45 |
---|
| 9093 | + | child at least fourteen (14) years of age who is in state foster care.46 |
---|
| 9094 | + | (15) Creating and implementing a department of child services legal counsel pilot program47 |
---|
| 9095 | + | EH 1001—LS 7401/DI 125 |
---|
| 9096 | + | 178 under section 28 of this chapter.1 |
---|
| 9097 | + | (b) This chapter does not authorize or require the department to:2 |
---|
| 9098 | + | (1) investigate or report on proceedings under IC 31-17-2 relating to a child who is not the subject3 |
---|
| 9099 | + | of an open child in need of services case under IC 31-34; or4 |
---|
| 9100 | + | (2) otherwise monitor child custody or visitation in dissolution of marriage proceedings.5 |
---|
| 9101 | + | (c) This chapter does not authorize or require the department to:6 |
---|
| 9102 | + | (1) conduct home studies; or7 |
---|
| 9103 | + | (2) otherwise participate in guardianship proceedings under IC 29-3;8 |
---|
| 9104 | + | other than those over which the juvenile court has jurisdiction under IC 29-3-2-1(c) or IC 31-30-1-1(10).9 |
---|
| 9105 | + | SECTION 221. IC 31-25-2-28 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO10 |
---|
| 9106 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 28. (a) As used in this chapter, "applicable11 |
---|
| 9107 | + | region" means the following service regions of the department:12 |
---|
| 9108 | + | (1) Region four (4) consisting of LaGrange County, Steuben County, Noble County, Whitley13 |
---|
| 9109 | + | County, DeKalb County, and Allen County.14 |
---|
| 9110 | + | (2) Region ten (10) consisting of Marion County. 15 |
---|
| 9111 | + | (b) As used in this chapter, "pilot program" means the department of child services legal counsel16 |
---|
| 9112 | + | pilot program created under subsection (d).17 |
---|
| 9113 | + | (c) Beginning after December 31, 2023, the department shall not employ staff-attorneys within18 |
---|
| 9114 | + | the department to perform legal services and provide representation in child in need of services19 |
---|
| 9115 | + | cases under IC 31-34, delinquency cases under IC 31-37, or similar legal matters in the applicable20 |
---|
| 9116 | + | regions described in subsection (a).21 |
---|
| 9117 | + | (d) The department shall create a department of child services legal counsel pilot program and22 |
---|
| 9118 | + | implement the pilot program beginning January 1, 2024. Under the pilot program, the department23 |
---|
| 9119 | + | shall contract with private attorneys to perform legal services and provide representation in child24 |
---|
| 9120 | + | in need of services cases under IC 31-34, delinquency cases under IC 31-37, and similar legal25 |
---|
| 9121 | + | matters in the applicable regions described in subsection (a). The department shall request26 |
---|
| 9122 | + | proposals from private attorneys wishing to provide services under this section.27 |
---|
| 9123 | + | (e) On or before October 1, 2024, and on or before October 1 of each year thereafter, the28 |
---|
| 9124 | + | department shall prepare and submit a report to the budget committee on the pilot program, which29 |
---|
| 9125 | + | must include the following measures:30 |
---|
| 9126 | + | (1) The costs incurred to provide services under the pilot program in the current year31 |
---|
| 9127 | + | compared to the costs incurred to provide those services in the prior year.32 |
---|
| 9128 | + | (2) The caseload volume in each applicable region.33 |
---|
| 9129 | + | (3) The average time for termination of parental rights.34 |
---|
| 9130 | + | (4) The average time for disposition.35 |
---|
| 9131 | + | 36 SECTION 222. IC 31-32-4-5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO |
---|
| 9132 | + | 37READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) The circuit or superior court |
---|
| 9133 | + | 38exercising jurisdiction over a CHINS case in: |
---|
| 9134 | + | 39 (1) LaPorte County; |
---|
| 9135 | + | 40 (2) Marshall County; and |
---|
| 9136 | + | 41 (3) Starke County; |
---|
| 9137 | + | 42shall establish a caregiver counsel pilot program to appoint counsel to represent an unlicensed |
---|
| 9138 | + | 43caregiver (as defined by IC 31-9-2-131.7) in a proceeding for a child in need of services if the court |
---|
| 9139 | + | 44determines that the unlicensed caregiver is indigent as described in IC 35-33-7-6.5. |
---|
| 9140 | + | 45 (b) The court shall appoint counsel through the caregiver counsel pilot program to represent an |
---|
| 9141 | + | 46unlicensed caregiver in every permanency hearing held in the CHINS case under IC 31-34-21-7. |
---|
| 9142 | + | (c) This section expires July 1, 2025.47 |
---|
| 9143 | + | SECTION 223. IC 33-24-6-12, AS AMENDED BY P.L.161-2018, SECTION 65, IS AMENDED TO48 |
---|
| 9144 | + | EH 1001—LS 7401/DI 125 |
---|
| 9145 | + | 179 READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 12. (a) The court technology fund is1 |
---|
| 9146 | + | established to fund court technology. The office of judicial administration shall administer the fund. The2 |
---|
| 9147 | + | fund consists of the following:3 |
---|
| 9148 | + | (1) Deposits made under IC 33-37-9-4.4 |
---|
| 9149 | + | (2) Other (1) Appropriations made by the general assembly.5 |
---|
| 9150 | + | (3) (2) Grants and gifts designated for the fund or court technology.6 |
---|
| 9151 | + | (b) The treasurer of state shall invest the money in the fund not currently needed to meet the7 |
---|
| 9152 | + | obligations of the fund in the same manner as other public funds may be invested.8 |
---|
| 9153 | + | (c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.9 |
---|
| 9154 | + | (d) The budget committee may release funds for court technology after the office of judicial10 |
---|
| 9155 | + | administration certifies in conjunction with the Indiana office of technology, that the court technology is11 |
---|
| 9156 | + | in compliance with the information sharing and exchange provisions of IC 33-24-6-3(a).12 |
---|
| 9157 | + | SECTION 224. IC 33-24-12-5, AS AMENDED BY P.L.161-2018, SECTION 68, IS AMENDED TO13 |
---|
| 9158 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) The civil legal aid fund is established14 |
---|
| 9159 | + | to provide additional revenue for legal services providers.15 |
---|
| 9160 | + | (b) The fund is administered by the office of judicial administration.16 |
---|
| 9161 | + | (c) The expenses of administering the fund shall be paid from money in the fund.17 |
---|
| 9162 | + | SECTION 225. IC 33-24-12-6, AS AMENDED BY P.L.161-2018, SECTION 69, IS AMENDED TO18 |
---|
| 9163 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) The office of judicial administration shall19 |
---|
| 9164 | + | annually determine the amount to be distributed from the fund to each county's legal services provider20 |
---|
| 9165 | + | under the following formula:21 |
---|
| 9166 | + | STEP ONE: Determine the number of civil cases filed in the county during the year as reported by22 |
---|
| 9167 | + | the most recent Indiana Judicial Report.23 |
---|
| 9168 | + | STEP TWO: Determine the number of civil cases filed in Indiana during the year as reported by the24 |
---|
| 9169 | + | most recent Indiana Judicial Report.25 |
---|
| 9170 | + | STEP THREE: Divide the amount determined in STEP ONE by the amount determined in STEP26 |
---|
| 9171 | + | TWO.27 |
---|
| 9172 | + | STEP FOUR: Multiply the quotient determined in STEP THREE by the annual amount appropriated28 |
---|
| 9173 | + | under section 7 of this chapter or by the annual amount of the appropriation from the state general29 |
---|
| 9174 | + | fund as provided in the state budget act. whichever is greater.30 |
---|
| 9175 | + | Except as provided in subsection (b), the product determined in STEP FOUR is the amount to be31 |
---|
| 9176 | + | distributed to the legal services provider or providers having the county in its service area.32 |
---|
| 9177 | + | (b) In a county where there is more than one (1) legal services provider, the amount distributed from33 |
---|
| 9178 | + | the fund for that county shall be distributed among the legal services providers in direct proportion to the34 |
---|
| 9179 | + | number of legal services providers in that county.35 |
---|
| 9180 | + | (c) Distributions from the fund shall be made on January 1 and July 1 of each year. Money in the fund36 |
---|
| 9181 | + | is annually appropriated to carry out the purposes of the fund.37 |
---|
| 9182 | + | SECTION 226. IC 33-24-12-7 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 7. There is38 |
---|
| 9183 | + | appropriated on June 30 and December 31 of each year five hundred thousand dollars ($500,000) from39 |
---|
| 9184 | + | the state general fund for deposit into the fund.40 |
---|
| 9185 | + | SECTION 227. IC 33-24-13-7 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 7. During every state41 |
---|
| 9186 | + | fiscal year, there is appropriated from the state general fund to the supreme court six hundred twenty-five42 |
---|
| 9187 | + | thousand dollars ($625,000) to be used for the Indiana conference for legal education opportunity43 |
---|
| 9188 | + | established by this chapter.44 |
---|
| 9189 | + | SECTION 228. IC 33-34-8-3, AS AMENDED BY P.L.174-2022, SECTION 60, IS AMENDED TO45 |
---|
| 9190 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) Payment for all costs made as a result46 |
---|
| 9191 | + | of proceedings in a small claims court shall be to the _______ Township of Marion County Small Claims47 |
---|
| 9192 | + | EH 1001—LS 7401/DI 125 |
---|
| 9193 | + | 180 Court (with the name of the township inserted). The court shall issue a receipt for all money received on1 |
---|
| 9194 | + | a form numbered serially in duplicate.2 |
---|
| 9195 | + | (b) This subsection applies only to a low caseload court (as defined in section 5 of this chapter). All3 |
---|
| 9196 | + | township docket fees and late fees received by the court shall be paid to the township trustee at the close4 |
---|
| 9197 | + | of each month.5 |
---|
| 9198 | + | (c) This subsection does not apply to a low caseload court. This subsection applies to all other6 |
---|
| 9199 | + | township small claims courts in Marion County. One dollar and fifty cents ($1.50) of the township docket7 |
---|
| 9200 | + | fee shall be paid to the township trustee of each low caseload court at the end of each month. The8 |
---|
| 9201 | + | remaining township docket fees and late fees received by the court shall be paid to the township trustee9 |
---|
| 9202 | + | at the close of each month.10 |
---|
| 9203 | + | (d) The court shall:11 |
---|
| 9204 | + | (1) semiannually distribute to the auditor of state:12 |
---|
| 9205 | + | (A) all automated record keeping fees (IC 33-37-5-21) received by the court for deposit in the13 |
---|
| 9206 | + | homeowner protection unit account established by IC 4-6-12-9 and the state user fee fund14 |
---|
| 9207 | + | established under IC 33-37-9;15 |
---|
| 9208 | + | (B) all public defense administration fees collected by the court under IC 33-37-5-21.2 for16 |
---|
| 9209 | + | deposit in the state general fund;17 |
---|
| 9210 | + | (C) sixty percent (60%) of all court administration fees collected by the court under18 |
---|
| 9211 | + | IC 33-37-5-27 for deposit in the state general fund;19 |
---|
| 9212 | + | (D) all judicial insurance adjustment fees collected by the court under IC 33-37-5-25 for deposit20 |
---|
| 9213 | + | in the state general fund;21 |
---|
| 9214 | + | (E) seventy-five percent (75%) of all judicial salaries fees collected by the court under22 |
---|
| 9215 | + | IC 33-37-5-26 for deposit in the state general fund; and23 |
---|
| 9216 | + | (F) one hundred percent (100%) of the pro bono legal services fees collected before July 1, 2025,24 |
---|
| 9217 | + | by the court under IC 33-37-5-31 for deposit in the pro bono legal services fund established25 |
---|
| 9218 | + | by IC 33-37-5-34; and26 |
---|
| 9219 | + | (2) distribute monthly to the county auditor all document storage fees received by the court.27 |
---|
| 9220 | + | The remaining twenty-five percent (25%) of the judicial salaries fees described in subdivision (1)(E) shall28 |
---|
| 9221 | + | be deposited monthly in the township general fund of the township in which the court is located. The29 |
---|
| 9222 | + | county auditor shall deposit fees distributed under subdivision (2) into the clerk's record perpetuation fund30 |
---|
| 9223 | + | under IC 33-37-5-2.31 |
---|
| 9224 | + | (e) The court semiannually shall pay to the township trustee of the township in which the court is32 |
---|
| 9225 | + | located the remaining forty percent (40%) of the court administration fees described under subsection33 |
---|
| 9226 | + | (d)(1)(C) to fund the operations of the small claims court in the trustee's township.34 |
---|
| 9227 | + | 35 SECTION 229. IC 33-37-5-20, AS AMENDED BY P.L.38-2021, SECTION 78, IS AMENDED TO |
---|
| 9228 | + | 36READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 20. (a) This section applies to all civil, |
---|
| 9229 | + | 37criminal, infraction, and ordinance violation actions. |
---|
| 9230 | + | 38 (b) After June 30, 2015, and before July 1, 2023, the clerk shall collect a document storage fee of |
---|
| 9231 | + | 39five dollars ($5). after June 30, 2015. |
---|
| 9232 | + | (c) After June 30, 2023, the clerk shall collect a document storage fee of eight dollars ($8).40 |
---|
| 9233 | + | SECTION 230. IC 33-37-5-34 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO41 |
---|
| 9234 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 34. (a) The pro bono legal services fund is42 |
---|
| 9235 | + | established. The auditor of state shall administer the fund.43 |
---|
| 9236 | + | (b) The fund consists of distributions of pro bono legal services fees under:44 |
---|
| 9237 | + | (1) IC 33-34-8-3(d)(1)(F);45 |
---|
| 9238 | + | (2) IC 33-37-7-2(l); or46 |
---|
| 9239 | + | (3) IC 33-37-7-8(i).47 |
---|
| 9240 | + | (c) The auditor of state shall transfer semiannually the pro bono legal services fees in the fund48 |
---|
| 9241 | + | EH 1001—LS 7401/DI 125 |
---|
| 9242 | + | 181 to the Indiana Bar Foundation (or a successor entity) as the entity designated to organize and1 |
---|
| 9243 | + | administer the interest on lawyers trust accounts (IOLTA) program under Rule 1.15 of the Rules2 |
---|
| 9244 | + | of Professional Conduct of the Indiana supreme court. The Indiana Bar Foundation shall:3 |
---|
| 9245 | + | (1) deposit in an appropriate account and otherwise manage the fees the Indiana Bar4 |
---|
| 9246 | + | Foundation receives under this subsection in the same manner the Indiana Bar Foundation5 |
---|
| 9247 | + | deposits and manages the net earnings the Indiana Bar Foundation receives from IOLTA6 |
---|
| 9248 | + | accounts; and7 |
---|
| 9249 | + | (2) use the fees the Indiana Bar Foundation receives under this subsection to assist or establish8 |
---|
| 9250 | + | approved pro bono legal services programs.9 |
---|
| 9251 | + | The handling and expenditure of the pro bono legal services fees received under this section by the10 |
---|
| 9252 | + | Indiana Bar Foundation (or its successor entity) are subject to audit by the state board of accounts.11 |
---|
| 9253 | + | (d) Money in the fund and any interest that accrues to the fund remain in the fund and do not12 |
---|
| 9254 | + | revert to the state general fund.13 |
---|
| 9255 | + | (e) Money in the fund is continuously appropriated to carry out the transfers required under14 |
---|
| 9256 | + | subsection (c).15 |
---|
| 9257 | + | SECTION 231. IC 33-37-7-2, AS AMENDED BY P.L.174-2022, SECTION 65, IS AMENDED TO16 |
---|
| 9258 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) The clerk of a circuit court shall17 |
---|
| 9259 | + | distribute semiannually to the auditor of state as the state share for deposit in the homeowner protection18 |
---|
| 9260 | + | unit account established by IC 4-6-12-9 one hundred percent (100%) of the automated record keeping fees19 |
---|
| 9261 | + | collected under IC 33-37-5-21 with respect to actions resulting in the accused person entering into a20 |
---|
| 9262 | + | pretrial diversion program agreement under IC 33-39-1-8 or a deferral program agreement under21 |
---|
| 9263 | + | IC 34-28-5-1 and for deposit in the state general fund seventy percent (70%) of the amount of fees22 |
---|
| 9264 | + | collected under the following:23 |
---|
| 9265 | + | (1) IC 33-37-4-1(a) (criminal costs fees).24 |
---|
| 9266 | + | (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).25 |
---|
| 9267 | + | (3) IC 33-37-4-3(a) (juvenile costs fees).26 |
---|
| 9268 | + | (4) IC 33-37-4-4(a) (civil costs fees).27 |
---|
| 9269 | + | (5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).28 |
---|
| 9270 | + | (6) IC 33-37-4-7(a) (probate costs fees).29 |
---|
| 9271 | + | (7) IC 33-37-5-17 (deferred prosecution fees).30 |
---|
| 9272 | + | (b) The clerk of a circuit court shall distribute semiannually to the auditor of state for deposit in the31 |
---|
| 9273 | + | state user fee fund established in IC 33-37-9-2 the following:32 |
---|
| 9274 | + | (1) Twenty-five percent (25%) of the drug abuse, prosecution, interdiction, and correction fees33 |
---|
| 9275 | + | collected under IC 33-37-4-1(b)(5).34 |
---|
| 9276 | + | (2) Twenty-five percent (25%) of the alcohol and drug countermeasures fees collected under35 |
---|
| 9277 | + | IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).36 |
---|
| 9278 | + | (3) One hundred percent (100%) of the child abuse prevention fees collected under37 |
---|
| 9279 | + | IC 33-37-4-1(b)(7).38 |
---|
| 9280 | + | (4) One hundred percent (100%) of the domestic violence prevention and treatment fees collected39 |
---|
| 9281 | + | under IC 33-37-4-1(b)(8).40 |
---|
| 9282 | + | (5) One hundred percent (100%) of the highway worksite zone fees collected under41 |
---|
| 9283 | + | IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).42 |
---|
| 9284 | + | (6) Seventy-five percent (75%) of the safe schools fee collected under IC 33-37-5-18.43 |
---|
| 9285 | + | (7) One hundred percent (100%) of the automated record keeping fee collected under IC 33-37-5-2144 |
---|
| 9286 | + | not distributed under subsection (a).45 |
---|
| 9287 | + | (c) The clerk of a circuit court shall distribute monthly to the county auditor the following:46 |
---|
| 9288 | + | (1) Seventy-five percent (75%) of the drug abuse, prosecution, interdiction, and correction fees47 |
---|
| 9289 | + | collected under IC 33-37-4-1(b)(5).48 |
---|
| 9290 | + | EH 1001—LS 7401/DI 125 |
---|
| 9291 | + | 182 (2) Seventy-five percent (75%) of the alcohol and drug countermeasures fees collected under1 |
---|
| 9292 | + | IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).2 |
---|
| 9293 | + | The county auditor shall deposit fees distributed by a clerk under this subsection into the county drug free3 |
---|
| 9294 | + | community fund established under IC 5-2-11.4 |
---|
| 9295 | + | (d) The clerk of a circuit court shall distribute monthly to the county auditor one hundred percent5 |
---|
| 9296 | + | (100%) of the late payment fees collected under IC 33-37-5-22. The county auditor shall deposit fees6 |
---|
| 9297 | + | distributed by a clerk under this subsection as follows:7 |
---|
| 9298 | + | (1) If directed to do so by an ordinance adopted by the county fiscal body, the county auditor shall8 |
---|
| 9299 | + | deposit forty percent (40%) of the fees in the clerk's record perpetuation fund established under9 |
---|
| 9300 | + | IC 33-37-5-2 and sixty percent (60%) of the fees in the county general fund.10 |
---|
| 9301 | + | (2) If the county fiscal body has not adopted an ordinance described in subdivision (1), the county11 |
---|
| 9302 | + | auditor shall deposit all the fees in the county general fund.12 |
---|
| 9303 | + | (e) The clerk of the circuit court shall distribute semiannually to the auditor of state for deposit in the13 |
---|
| 9304 | + | sexual assault victims assistance fund established by IC 5-2-6-23(d) one hundred percent (100%) of the14 |
---|
| 9305 | + | sexual assault victims assistance fees collected under IC 33-37-5-23.15 |
---|
| 9306 | + | (f) The clerk of a circuit court shall distribute monthly to the county auditor the following:16 |
---|
| 9307 | + | (1) One hundred percent (100%) of the support and maintenance fees for cases designated as17 |
---|
| 9308 | + | non-Title IV-D child support cases in the Indiana support enforcement tracking system (ISETS) or18 |
---|
| 9309 | + | the successor statewide automated support enforcement system collected under IC 33-37-5-6.19 |
---|
| 9310 | + | (2) The percentage share of the support and maintenance fees for cases designated as Title IV-D20 |
---|
| 9311 | + | child support cases in ISETS or the successor statewide automated support enforcement system21 |
---|
| 9312 | + | collected under IC 33-37-5-6 that is reimbursable to the county at the federal financial participation22 |
---|
| 9313 | + | rate.23 |
---|
| 9314 | + | The county clerk shall distribute monthly to the department of child services the percentage share of the24 |
---|
| 9315 | + | support and maintenance fees for cases designated as Title IV-D child support cases in ISETS, or the25 |
---|
| 9316 | + | successor statewide automated support enforcement system, collected under IC 33-37-5-6 that is not26 |
---|
| 9317 | + | reimbursable to the county at the applicable federal financial participation rate.27 |
---|
| 9318 | + | (g) The clerk of a circuit court shall distribute monthly to the county auditor the following:28 |
---|
| 9319 | + | (1) One hundred percent (100%) of the small claims service fee under IC 33-37-4-6(a)(1)(B) or29 |
---|
| 9320 | + | IC 33-37-4-6(a)(2) for deposit in the county general fund.30 |
---|
| 9321 | + | (2) One hundred percent (100%) of the small claims garnishee service fee under31 |
---|
| 9322 | + | IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for deposit in the county general fund.32 |
---|
| 9323 | + | (3) Twenty-five percent (25%) of the safe schools fee collected under IC 33-37-5-18 for deposit in33 |
---|
| 9324 | + | the county general fund.34 |
---|
| 9325 | + | (h) This subsection does not apply to court administration fees collected in small claims actions filed35 |
---|
| 9326 | + | in a court described in IC 33-34. The clerk of a circuit court shall semiannually distribute to the auditor36 |
---|
| 9327 | + | of state for deposit in the state general fund one hundred percent (100%) of the following:37 |
---|
| 9328 | + | (1) The public defense administration fee collected under IC 33-37-5-21.2.38 |
---|
| 9329 | + | (2) The judicial salaries fees collected under IC 33-37-5-26.39 |
---|
| 9330 | + | (3) The DNA sample processing fees collected under IC 33-37-5-26.2.40 |
---|
| 9331 | + | (4) The court administration fees collected under IC 33-37-5-27.41 |
---|
| 9332 | + | (5) The judicial insurance adjustment fee collected under IC 33-37-5-25.42 |
---|
| 9333 | + | (i) The proceeds of the service fee collected under IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall43 |
---|
| 9334 | + | be distributed as follows:44 |
---|
| 9335 | + | (1) The clerk shall distribute one hundred percent (100%) of the service fees collected in a circuit,45 |
---|
| 9336 | + | superior, county, or probate court to the county auditor for deposit in the county general fund.46 |
---|
| 9337 | + | (2) The clerk shall distribute one hundred percent (100%) of the service fees collected in a city or47 |
---|
| 9338 | + | town court to the city or town fiscal officer for deposit in the city or town general fund.48 |
---|
| 9339 | + | EH 1001—LS 7401/DI 125 |
---|
| 9340 | + | 183 (j) The proceeds of the garnishee service fee collected under IC 33-37-5-28(b)(3) or1 |
---|
| 9341 | + | IC 33-37-5-28(b)(4) shall be distributed as follows:2 |
---|
| 9342 | + | (1) The clerk shall distribute one hundred percent (100%) of the garnishee service fees collected in3 |
---|
| 9343 | + | a circuit, superior, county, or probate court to the county auditor for deposit in the county general4 |
---|
| 9344 | + | fund.5 |
---|
| 9345 | + | (2) The clerk shall distribute one hundred percent (100%) of the garnishee service fees collected in6 |
---|
| 9346 | + | a city or town court to the city or town fiscal officer for deposit in the city or town general fund.7 |
---|
| 9347 | + | (k) The clerk of the circuit court shall distribute semiannually to the auditor of state for deposit in the8 |
---|
| 9348 | + | home ownership education account established by IC 5-20-1-27 one hundred percent (100%) of the9 |
---|
| 9349 | + | following:10 |
---|
| 9350 | + | (1) The mortgage foreclosure counseling and education fees collected under IC 33-37-5-33 (before11 |
---|
| 9351 | + | its expiration on July 1, 2017).12 |
---|
| 9352 | + | (2) Any civil penalties imposed and collected by a court for a violation of a court order in a13 |
---|
| 9353 | + | foreclosure action under IC 32-30-10.5.14 |
---|
| 9354 | + | (l) The clerk of a circuit court shall distribute semiannually to the auditor of state for deposit in the15 |
---|
| 9355 | + | pro bono legal services fund established by IC 33-37-5-34 one hundred percent (100%) of the pro bono16 |
---|
| 9356 | + | legal services fees collected before July 1, 2025, under IC 33-37-5-31. The auditor of state shall transfer17 |
---|
| 9357 | + | semiannually the pro bono legal services fees to the Indiana Bar Foundation (or a successor entity) as the18 |
---|
| 9358 | + | entity designated to organize and administer the interest on lawyers trust accounts (IOLTA) program19 |
---|
| 9359 | + | under Rule 1.15 of the Rules of Professional Conduct of the Indiana supreme court. The Indiana Bar20 |
---|
| 9360 | + | Foundation shall:21 |
---|
| 9361 | + | (1) deposit in an appropriate account and otherwise manage the fees the Indiana Bar Foundation22 |
---|
| 9362 | + | receives under this subsection in the same manner the Indiana Bar Foundation deposits and manages23 |
---|
| 9363 | + | the net earnings the Indiana Bar Foundation receives from IOLTA accounts; and24 |
---|
| 9364 | + | (2) use the fees the Indiana Bar Foundation receives under this subsection to assist or establish25 |
---|
| 9365 | + | approved pro bono legal services programs.26 |
---|
| 9366 | + | The handling and expenditure of the pro bono legal services fees received under this section by the27 |
---|
| 9367 | + | Indiana Bar Foundation (or its successor entity) are subject to audit by the state board of accounts. The28 |
---|
| 9368 | + | amounts necessary to make the transfers required by this subsection are appropriated from the state29 |
---|
| 9369 | + | general fund.30 |
---|
| 9370 | + | SECTION 232. IC 33-37-7-8, AS AMENDED BY P.L.174-2022, SECTION 66, IS AMENDED TO31 |
---|
| 9371 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 8. (a) The clerk of a city or town court shall32 |
---|
| 9372 | + | distribute semiannually to the auditor of state as the state share for deposit in the homeowner protection33 |
---|
| 9373 | + | unit account established by IC 4-6-12-9 one hundred percent (100%) of the automated record keeping fees34 |
---|
| 9374 | + | collected under IC 33-37-5-21 with respect to actions resulting in the accused person entering into a35 |
---|
| 9375 | + | pretrial diversion program agreement under IC 33-39-1-8 or a deferral program agreement under36 |
---|
| 9376 | + | IC 34-28-5-1 and for deposit in the state general fund fifty-five percent (55%) of the amount of fees37 |
---|
| 9377 | + | collected under the following:38 |
---|
| 9378 | + | (1) IC 33-37-4-1(a) (criminal costs fees).39 |
---|
| 9379 | + | (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).40 |
---|
| 9380 | + | (3) IC 33-37-4-4(a) (civil costs fees).41 |
---|
| 9381 | + | (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).42 |
---|
| 9382 | + | (5) IC 33-37-5-17 (deferred prosecution fees).43 |
---|
| 9383 | + | (b) The city or town fiscal officer shall distribute monthly to the county auditor as the county share44 |
---|
| 9384 | + | twenty percent (20%) of the amount of fees collected under the following:45 |
---|
| 9385 | + | (1) IC 33-37-4-1(a) (criminal costs fees).46 |
---|
| 9386 | + | (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).47 |
---|
| 9387 | + | EH 1001—LS 7401/DI 125 |
---|
| 9388 | + | 184 (3) IC 33-37-4-4(a) (civil costs fees).1 |
---|
| 9389 | + | (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).2 |
---|
| 9390 | + | (5) IC 33-37-5-17 (deferred prosecution fees).3 |
---|
| 9391 | + | (c) The city or town fiscal officer shall retain twenty-five percent (25%) as the city or town share of4 |
---|
| 9392 | + | the fees collected under the following:5 |
---|
| 9393 | + | (1) IC 33-37-4-1(a) (criminal costs fees).6 |
---|
| 9394 | + | (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).7 |
---|
| 9395 | + | (3) IC 33-37-4-4(a) (civil costs fees).8 |
---|
| 9396 | + | (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).9 |
---|
| 9397 | + | (5) IC 33-37-5-17 (deferred prosecution fees).10 |
---|
| 9398 | + | (d) The clerk of a city or town court shall distribute semiannually to the auditor of state for deposit in11 |
---|
| 9399 | + | the state user fee fund established in IC 33-37-9 the following:12 |
---|
| 9400 | + | (1) Twenty-five percent (25%) of the drug abuse, prosecution, interdiction, and correction fees13 |
---|
| 9401 | + | collected under IC 33-37-4-1(b)(5).14 |
---|
| 9402 | + | (2) Twenty-five percent (25%) of the alcohol and drug countermeasures fees collected under15 |
---|
| 9403 | + | IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).16 |
---|
| 9404 | + | (3) One hundred percent (100%) of the highway worksite zone fees collected under17 |
---|
| 9405 | + | IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).18 |
---|
| 9406 | + | (4) Seventy-five percent (75%) of the safe schools fee collected under IC 33-37-5-18.19 |
---|
| 9407 | + | (5) One hundred percent (100%) of the automated record keeping fee collected under IC 33-37-5-2120 |
---|
| 9408 | + | not distributed under subsection (a).21 |
---|
| 9409 | + | (e) The clerk of a city or town court shall distribute monthly to the county auditor the following:22 |
---|
| 9410 | + | (1) Seventy-five percent (75%) of the drug abuse, prosecution, interdiction, and correction fees23 |
---|
| 9411 | + | collected under IC 33-37-4-1(b)(5).24 |
---|
| 9412 | + | (2) Seventy-five percent (75%) of the alcohol and drug countermeasures fees collected under25 |
---|
| 9413 | + | IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).26 |
---|
| 9414 | + | The county auditor shall deposit fees distributed by a clerk under this subsection into the county drug free27 |
---|
| 9415 | + | community fund established under IC 5-2-11.28 |
---|
| 9416 | + | (f) The clerk of a city or town court shall distribute monthly to the city or town fiscal officer (as defined29 |
---|
| 9417 | + | in IC 36-1-2-7) one hundred percent (100%) of the following:30 |
---|
| 9418 | + | (1) The late payment fees collected under IC 33-37-5-22.31 |
---|
| 9419 | + | (2) The small claims service fee collected under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).32 |
---|
| 9420 | + | (3) The small claims garnishee service fee collected under IC 33-37-4-6(a)(1)(C) or33 |
---|
| 9421 | + | IC 33-37-4-6(a)(3).34 |
---|
| 9422 | + | (4) Twenty-five percent (25%) of the safe schools fee collected under IC 33-37-5-18.35 |
---|
| 9423 | + | The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit fees distributed by a clerk under36 |
---|
| 9424 | + | this subsection in the city or town general fund.37 |
---|
| 9425 | + | (g) The clerk of a city or town court shall semiannually distribute to the auditor of state for deposit in38 |
---|
| 9426 | + | the state general fund one hundred percent (100%) of the following:39 |
---|
| 9427 | + | (1) The public defense administration fee collected under IC 33-37-5-21.2.40 |
---|
| 9428 | + | (2) The DNA sample processing fees collected under IC 33-37-5-26.2.41 |
---|
| 9429 | + | (3) The court administration fees collected under IC 33-37-5-27.42 |
---|
| 9430 | + | (4) The judicial insurance adjustment fee collected under IC 33-37-5-25.43 |
---|
| 9431 | + | (h) The clerk of a city or town court shall semiannually distribute to the auditor of state for deposit in44 |
---|
| 9432 | + | the state general fund seventy-five percent (75%) of the judicial salaries fee collected under45 |
---|
| 9433 | + | IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five percent (25%) of the judicial salaries46 |
---|
| 9434 | + | fee collected under IC 33-37-5-26. The funds retained by the city or town shall be prioritized to fund city47 |
---|
| 9435 | + | or town court operations.48 |
---|
| 9436 | + | EH 1001—LS 7401/DI 125 |
---|
| 9437 | + | 185 (i) The clerk of a city or town court shall distribute semiannually to the auditor of state for deposit in1 |
---|
| 9438 | + | the pro bono legal services fund established by IC 33-37-5-34 one hundred percent (100%) of the pro2 |
---|
| 9439 | + | bono legal services fees collected before July 1, 2025, under IC 33-37-5-31. The auditor of state shall3 |
---|
| 9440 | + | transfer semiannually the pro bono legal services fees to the Indiana Bar Foundation (or a successor4 |
---|
| 9441 | + | entity) as the entity designated to organize and administer the interest on lawyers trust accounts (IOLTA)5 |
---|
| 9442 | + | program under Rule 1.15 of the Rules of Professional Conduct of the Indiana supreme court. The Indiana6 |
---|
| 9443 | + | Bar Foundation shall:7 |
---|
| 9444 | + | (1) deposit in an appropriate account and otherwise manage the fees the Indiana Bar Foundation8 |
---|
| 9445 | + | receives under this subsection in the same manner the Indiana Bar Foundation deposits and manages9 |
---|
| 9446 | + | the net earnings the Indiana Bar Foundation receives from IOLTA accounts; and10 |
---|
| 9447 | + | (2) use the fees the Indiana Bar Foundation receives under this subsection to assist or establish11 |
---|
| 9448 | + | approved pro bono legal services programs.12 |
---|
| 9449 | + | The handling and expenditure of the pro bono legal services fees received under this section by the13 |
---|
| 9450 | + | Indiana Bar Foundation (or its successor entity) are subject to audit by the state board of accounts. The14 |
---|
| 9451 | + | amounts necessary to make the transfers required by this subsection are appropriated from the state15 |
---|
| 9452 | + | general fund.16 |
---|
| 9453 | + | SECTION 233. IC 33-37-9-4, AS AMENDED BY P.L.55-2022, SECTION 4, IS AMENDED TO17 |
---|
| 9454 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) The treasurer of state shall distribute18 |
---|
| 9455 | + | semiannually one million two hundred eighty-eight thousand dollars ($1,288,000) of the amounts19 |
---|
| 9456 | + | transferred to the state fund under section 3 of this chapter as follows:20 |
---|
| 9457 | + | (1) Fourteen and ninety-eight hundredths percent (14.98%) shall be deposited into the alcohol and21 |
---|
| 9458 | + | drug countermeasures fund established by IC 9-27-2-11.22 |
---|
| 9459 | + | (2) Eight and forty-two hundredths percent (8.42%) shall be deposited into the drug interdiction fund23 |
---|
| 9460 | + | established by IC 10-11-7-1.24 |
---|
| 9461 | + | (3) Four and sixty-eight hundredths percent (4.68%) shall be deposited into the substance abuse25 |
---|
| 9462 | + | prosecution fund established by IC 33-39-8-6.26 |
---|
| 9463 | + | (4) Five and sixty-two hundredths percent (5.62%) shall be deposited into the corrections drug abuse27 |
---|
| 9464 | + | fund established by IC 11-8-2-11.28 |
---|
| 9465 | + | (5) Twenty-two and forty-seven hundredths percent (22.47%) shall be deposited into the state drug29 |
---|
| 9466 | + | free communities fund established by IC 5-2-10-2.30 |
---|
| 9467 | + | (6) Seven and ninety-eight hundredths percent (7.98%) shall be distributed to the Indiana department31 |
---|
| 9468 | + | of transportation for use under IC 8-23-2-15.32 |
---|
| 9469 | + | (7) Twenty and thirty-two hundredths percent (20.32%) shall be deposited in the family violence and33 |
---|
| 9470 | + | victim assistance fund established by IC 5-2-6.8-3.34 |
---|
| 9471 | + | (8) Fifteen and fifty-three hundredths percent (15.53%) shall be deposited in the Indiana safe schools35 |
---|
| 9472 | + | fund established by IC 5-2-10.1. Indiana secured school fund established by IC 10-21-1-2.36 |
---|
| 9473 | + | (b) The treasurer of state shall distribute semiannually the amount remaining after the distributions are37 |
---|
| 9474 | + | made under subsection (a) to the court technology fund established by IC 33-24-6-12. state general fund.38 |
---|
| 9475 | + | SECTION 234. IC 34-30-2.1-55.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO39 |
---|
| 9476 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 55.8. IC 6-3.1-39.5-13 (Concerning taxpayer40 |
---|
| 9477 | + | liability for acts or omissions at an Indiana qualified child care facility).41 |
---|
| 9478 | + | SECTION 235. IC 35-52-16-74 IS REPEALED [EFFECTIVE JULY 1, 2023]. Sec. 74. IC 16-41-32-3042 |
---|
| 9479 | + | defines a crime concerning regulation of lodging facilities and bedding materials.43 |
---|
| 9480 | + | SECTION 236. IC 35-52-23-25 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO44 |
---|
| 9481 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 25. IC 23-21-3-28 defines a crime45 |
---|
| 9482 | + | concerning regulation of lodging facilities and bedding material.46 |
---|
| 9483 | + | SECTION 237. IC 36-2-2-4, AS AMENDED BY P.L.105-2022, SECTION 36, IS AMENDED TO47 |
---|
| 9484 | + | EH 1001—LS 7401/DI 125 |
---|
| 9485 | + | 186 READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) This subsection does not apply to the1 |
---|
| 9486 | + | following counties:2 |
---|
| 9487 | + | (1) A county having a population of more than four hundred thousand (400,000) and less than seven3 |
---|
| 9488 | + | hundred thousand (700,000).4 |
---|
| 9489 | + | (2) A county having a population of more than two hundred fifty thousand (250,000) one hundred5 |
---|
| 9490 | + | eighty-five thousand (185,000) and less than three hundred thousand (300,000).6 |
---|
| 9491 | + | The executive shall divide the county into three (3) districts that are composed of contiguous territory and7 |
---|
| 9492 | + | are reasonably compact. The district boundaries drawn by the executive must not cross precinct boundary8 |
---|
| 9493 | + | lines and must divide townships only when a division is clearly necessary to accomplish redistricting9 |
---|
| 9494 | + | under this section. If necessary, the county auditor shall call a special meeting of the executive to establish10 |
---|
| 9495 | + | or revise districts.11 |
---|
| 9496 | + | (b) This subsection applies to a county having a population of more than four hundred thousand12 |
---|
| 9497 | + | (400,000) and less than seven hundred thousand (700,000). A county redistricting commission shall13 |
---|
| 9498 | + | divide the county into three (3) single-member districts that comply with subsection (d). The commission14 |
---|
| 9499 | + | is composed of:15 |
---|
| 9500 | + | (1) the members of the Indiana election commission;16 |
---|
| 9501 | + | (2) two (2) members of the senate selected by the president pro tempore, one (1) from each political17 |
---|
| 9502 | + | party; and18 |
---|
| 9503 | + | (3) two (2) members of the house of representatives selected by the speaker, one (1) from each19 |
---|
| 9504 | + | political party.20 |
---|
| 9505 | + | The legislative members of the commission have no vote and may act only in an advisory capacity. A21 |
---|
| 9506 | + | majority vote of the voting members is required for the commission to take action. The commission may22 |
---|
| 9507 | + | meet as frequently as necessary to perform its duty under this subsection. The commission's members23 |
---|
| 9508 | + | serve without additional compensation above that provided for them as members of the Indiana election24 |
---|
| 9509 | + | commission, the senate, or the house of representatives.25 |
---|
| 9510 | + | (c) This subsection applies to a county having a population of more than two hundred fifty thousand26 |
---|
| 9511 | + | (250,000) one hundred eighty-five thousand (185,000) and less than three hundred thousand (300,000)27 |
---|
| 9512 | + | that opts in to the system of county government described in subsection (d), sections 4.7(c) and28 |
---|
| 9513 | + | 5(d)(2) of this chapter, IC 36-2-3-2(b), IC 36-2-3-4(c), and IC 36-2-3.5-1(2) by passing a resolution29 |
---|
| 9514 | + | by a majority vote of its executive body not later than September 1, 2023. In the event the executive30 |
---|
| 9515 | + | body of a county described in this subsection does not opt in by September 1, 2023, the county shall31 |
---|
| 9516 | + | be governed by the general provisions of this chapter. The executive shall divide the county into three32 |
---|
| 9517 | + | (3) single-member districts that comply with subsection (d).33 |
---|
| 9518 | + | (d) Single-member districts established under subsection (b) or (c) must:34 |
---|
| 9519 | + | (1) be compact, subject only to natural boundary lines (such as railroads, major highways, rivers,35 |
---|
| 9520 | + | creeks, parks, and major industrial complexes);36 |
---|
| 9521 | + | (2) contain, as nearly as is possible, equal population; and37 |
---|
| 9522 | + | (3) not cross precinct lines.38 |
---|
| 9523 | + | (e) Except as provided by subsection (f), a division under subsection (a), (b), or (c) shall be made only39 |
---|
| 9524 | + | at times permitted under IC 3-5-10.40 |
---|
| 9525 | + | (f) If the county executive or county redistricting commission determines that a division under41 |
---|
| 9526 | + | subsection (e) is not required, the county executive or county redistricting commission shall adopt an42 |
---|
| 9527 | + | ordinance recertifying that the districts as drawn comply with this section.43 |
---|
| 9528 | + | (g) Each time there is a division under subsection (e) or a recertification under subsection (f), the44 |
---|
| 9529 | + | county executive or county redistricting commission shall file with the circuit court clerk of the county,45 |
---|
| 9530 | + | not later than thirty (30) days after the division or recertification occurs, a map of the district boundaries:46 |
---|
| 9531 | + | (1) adopted under subsection (e); or47 |
---|
| 9532 | + | (2) recertified under subsection (f).48 |
---|
| 9533 | + | EH 1001—LS 7401/DI 125 |
---|
| 9534 | + | 187 (h) The limitations set forth in this section are part of the ordinance, but do not have to be specifically1 |
---|
| 9535 | + | set forth in the ordinance. The ordinance must be construed, if possible, to comply with this chapter. If2 |
---|
| 9536 | + | a provision of the ordinance or an application of the ordinance violates this chapter, the invalidity does3 |
---|
| 9537 | + | not affect the other provisions or applications of the ordinance that can be given effect without the invalid4 |
---|
| 9538 | + | provision or application. The provisions of the ordinance are severable.5 |
---|
| 9539 | + | (i) IC 3-5-10 applies to a plan established under this section.6 |
---|
| 9540 | + | SECTION 238. IC 36-2-2-4.7, AS AMENDED BY P.L.104-2022, SECTION 147, IS AMENDED TO7 |
---|
| 9541 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4.7. (a) Except as provided in subsection (c),8 |
---|
| 9542 | + | whenever the executive divides the county into districts under section 4 of this chapter, the executive shall9 |
---|
| 9543 | + | adopt an ordinance.10 |
---|
| 9544 | + | (b) The executive shall file a copy of an ordinance adopted under subsection (a) with the circuit court11 |
---|
| 9545 | + | clerk.12 |
---|
| 9546 | + | (c) This subsection applies to a county having a population of more than two hundred fifty thousand13 |
---|
| 9547 | + | (250,000) one hundred eighty-five thousand (185,000) and less than three hundred thousand (300,000)14 |
---|
| 9548 | + | that opts in to the system of county government as described in section 4(c) of this chapter.15 |
---|
| 9549 | + | Whenever the executive divides the county into districts under section 4 of this chapter, the executive16 |
---|
| 9550 | + | shall adopt a resolution at two (2) separate public meetings. The executive shall file a copy of the17 |
---|
| 9551 | + | resolution adopted under this subsection with the circuit court clerk.18 |
---|
| 9552 | + | SECTION 239. IC 36-2-2-5, AS AMENDED BY P.L.104-2022, SECTION 148, IS AMENDED TO19 |
---|
| 9553 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) To be eligible for election to the20 |
---|
| 9554 | + | executive, a person must meet the qualifications prescribed by IC 3-8-1-21.21 |
---|
| 9555 | + | (b) A member of the executive must reside within:22 |
---|
| 9556 | + | (1) the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana; and23 |
---|
| 9557 | + | (2) the district from which the member was elected.24 |
---|
| 9558 | + | (c) If the person does not remain a resident of the county and district after taking office, the person25 |
---|
| 9559 | + | forfeits the office. The county fiscal body shall declare the office vacant whenever a member of the26 |
---|
| 9560 | + | executive forfeits office under this subsection.27 |
---|
| 9561 | + | (d) In a county having a population of:28 |
---|
| 9562 | + | (1) more than four hundred thousand (400,000) and less than seven hundred thousand (700,000);29 |
---|
| 9563 | + | or30 |
---|
| 9564 | + | (2) more than two hundred fifty thousand (250,000) one hundred eighty-five thousand (185,000)31 |
---|
| 9565 | + | and less than three hundred thousand (300,000) that opts in to the system of county government32 |
---|
| 9566 | + | as described in section 4(c) of this chapter;33 |
---|
| 9567 | + | one (1) member of the executive shall be elected by the voters of each of the three (3) single-member34 |
---|
| 9568 | + | districts established under section 4(b) or 4(c) of this chapter. In other counties, all three (3) members of35 |
---|
| 9569 | + | the executive shall be elected by the voters of the whole county.36 |
---|
| 9570 | + | SECTION 240. IC 36-2-3-2, AS AMENDED BY P.L.104-2022, SECTION 149, IS AMENDED TO37 |
---|
| 9571 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) The seven (7) member county council38 |
---|
| 9572 | + | elected under this chapter is the county fiscal body. The fiscal body shall act in the name of "The39 |
---|
| 9573 | + | _________ County Council".40 |
---|
| 9574 | + | (b) Notwithstanding subsection (a), in a county having a population of more than two hundred fifty41 |
---|
| 9575 | + | thousand (250,000) one hundred eighty-five thousand (185,000) and less than three hundred thousand42 |
---|
| 9576 | + | (300,000) that opts in to the system of county government as described in IC 36-2-2-4(c), the county43 |
---|
| 9577 | + | council has nine (9) members.44 |
---|
| 9578 | + | SECTION 241. IC 36-2-3-4, AS AMENDED BY P.L.105-2022, SECTION 37, IS AMENDED TO45 |
---|
| 9579 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) This subsection does not apply to the46 |
---|
| 9580 | + | following counties:47 |
---|
| 9581 | + | EH 1001—LS 7401/DI 125 |
---|
| 9582 | + | 188 (1) A county having a population of more than four hundred thousand (400,000) and less than seven1 |
---|
| 9583 | + | hundred thousand (700,000).2 |
---|
| 9584 | + | (2) A county having a population of more than two hundred fifty thousand (250,000) one hundred3 |
---|
| 9585 | + | eighty-five thousand (185,000) and less than three hundred thousand (300,000) that opts in to the4 |
---|
| 9586 | + | system of county government as described in IC 36-2-2-4(c).5 |
---|
| 9587 | + | The county executive shall, by ordinance, divide the county into four (4) contiguous, single-member6 |
---|
| 9588 | + | districts that comply with subsection (d). If necessary, the county auditor shall call a special meeting of7 |
---|
| 9589 | + | the executive to establish or revise districts. One (1) member of the fiscal body shall be elected by the8 |
---|
| 9590 | + | voters of each of the four (4) districts. Three (3) at-large members of the fiscal body shall be elected by9 |
---|
| 9591 | + | the voters of the whole county.10 |
---|
| 9592 | + | (b) This subsection applies to a county having a population of more than four hundred thousand11 |
---|
| 9593 | + | (400,000) and less than seven hundred thousand (700,000). The county redistricting commission12 |
---|
| 9594 | + | established under IC 36-2-2-4 shall divide the county into seven (7) single-member districts that comply13 |
---|
| 9595 | + | with subsection (d). One (1) member of the fiscal body shall be elected by the voters of each of these14 |
---|
| 9596 | + | seven (7) single-member districts.15 |
---|
| 9597 | + | (c) This subsection applies to a county having a population of more than two hundred fifty thousand16 |
---|
| 9598 | + | (250,000) one hundred eighty-five thousand (185,000) and less than three hundred thousand (300,000)17 |
---|
| 9599 | + | that opts in to the system of county government described in IC 36-2-2-4(c). The fiscal body shall18 |
---|
| 9600 | + | divide the county into nine (9) single-member districts that comply with subsection (d). Three (3) of these19 |
---|
| 9601 | + | districts must be contained within each of the three (3) districts established under IC 36-2-2-4(c). One (1)20 |
---|
| 9602 | + | member of the fiscal body shall be elected by the voters of each of these nine (9) single-member districts.21 |
---|
| 9603 | + | (d) Single-member districts established under subsection (a), (b), or (c) must:22 |
---|
| 9604 | + | (1) be compact, subject only to natural boundary lines (such as railroads, major highways, rivers,23 |
---|
| 9605 | + | creeks, parks, and major industrial complexes);24 |
---|
| 9606 | + | (2) not cross precinct boundary lines;25 |
---|
| 9607 | + | (3) contain, as nearly as possible, equal population; and26 |
---|
| 9608 | + | (4) include whole townships, except when a division is clearly necessary to accomplish redistricting27 |
---|
| 9609 | + | under this section.28 |
---|
| 9610 | + | (e) Except as provided by subsection (f), a division under subsection (a), (b), or (c) shall be made only29 |
---|
| 9611 | + | at times permitted under IC 3-5-10.30 |
---|
| 9612 | + | (f) If the county executive, county redistricting commission, or county fiscal body determines that a31 |
---|
| 9613 | + | division under subsection (e) is not required, the county executive, county redistricting commission, or32 |
---|
| 9614 | + | county fiscal body shall adopt an ordinance recertifying that the districts as drawn comply with this33 |
---|
| 9615 | + | section.34 |
---|
| 9616 | + | (g) Each time there is a division under subsection (e) or a recertification under subsection (f), the35 |
---|
| 9617 | + | county executive, county redistricting commission, or county fiscal body shall file with the circuit court36 |
---|
| 9618 | + | clerk of the county, not later than thirty (30) days after the division or recertification occurs, a map of the37 |
---|
| 9619 | + | district boundaries:38 |
---|
| 9620 | + | (1) adopted under subsection (e); or39 |
---|
| 9621 | + | (2) recertified under subsection (f).40 |
---|
| 9622 | + | (h) The limitations set forth in this section are part of the ordinance, but do not have to be specifically41 |
---|
| 9623 | + | set forth in the ordinance. The ordinance must be construed, if possible, to comply with this chapter. If42 |
---|
| 9624 | + | a provision of the ordinance or an application of the ordinance violates this chapter, the invalidity does43 |
---|
| 9625 | + | not affect the other provisions or applications of the ordinance that can be given effect without the invalid44 |
---|
| 9626 | + | provision or application. The provisions of the ordinance are severable.45 |
---|
| 9627 | + | (i) IC 3-5-10 applies to a plan established under this section.46 |
---|
| 9628 | + | SECTION 242. IC 36-2-3.5-1, AS AMENDED BY P.L.104-2022, SECTION 151, IS AMENDED TO47 |
---|
| 9629 | + | EH 1001—LS 7401/DI 125 |
---|
| 9630 | + | 189 READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. This chapter applies to the following1 |
---|
| 9631 | + | counties:2 |
---|
| 9632 | + | (1) A county having a population of more than four hundred thousand (400,000) and less than seven3 |
---|
| 9633 | + | hundred thousand (700,000).4 |
---|
| 9634 | + | (2) A county having a population of more than two hundred fifty thousand (250,000) one hundred5 |
---|
| 9635 | + | eighty-five thousand (185,000) and less than three hundred thousand (300,000) that opts in to the6 |
---|
| 9636 | + | system of county government as described in IC 36-2-2-4(c).7 |
---|
| 9637 | + | (3) Any other county not having a consolidated city, if both the county executive and the county8 |
---|
| 9638 | + | fiscal body adopt identical ordinances providing for the county to be governed by this chapter9 |
---|
| 9639 | + | beginning on a specified effective date.10 |
---|
| 9640 | + | SECTION 243. IC 36-7-32.5-9, AS ADDED BY P.L.135-2022, SECTION 28, IS AMENDED TO11 |
---|
| 9641 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 9. (a) Before the corporation may designate12 |
---|
| 9642 | + | territory within the jurisdiction of a city, town, or county, or within the jurisdiction of more than one (1)13 |
---|
| 9643 | + | city, town, or county, as an innovation development district under this section, the board of the14 |
---|
| 9644 | + | corporation established under IC 5-28-4 shall establish uniform policies and guidelines that the15 |
---|
| 9645 | + | corporation must follow when notifying and collaborating with an executive, or, if applicable, executives,16 |
---|
| 9646 | + | to designate territory within the jurisdiction of a city, town, or county as an innovation development17 |
---|
| 9647 | + | district under this section. The corporation shall publish the uniform policies and procedures established18 |
---|
| 9648 | + | under this subsection on the corporation's Internet web site.19 |
---|
| 9649 | + | (b) Subject to section 12(a) of this chapter, after notifying and collaborating with the executive, or, if20 |
---|
| 9650 | + | an innovation development district will include territory within the jurisdiction of more than one (1) city,21 |
---|
| 9651 | + | town, or county, with the executives of each city, town, or county, in the manner provided under the22 |
---|
| 9652 | + | policies and guidelines established under subsection (a), the corporation may designate territory within23 |
---|
| 9653 | + | the jurisdiction of a city, town, or county, or territory within the jurisdiction of more than one (1) city,24 |
---|
| 9654 | + | town, or county, as an innovation development district if the corporation determines that the designation25 |
---|
| 9655 | + | will support economic growth.26 |
---|
| 9656 | + | (c) The corporation may not designate an innovation development district under this section after June27 |
---|
| 9657 | + | 30, 2025. 2027.28 |
---|
| 9658 | + | SECTION 244. IC 36-7.7-2-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO29 |
---|
| 9659 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2.5. "Committee" refers to the White River30 |
---|
| 9660 | + | vision plan technical committee established by IC 36-7.7-9-1.31 |
---|
| 9661 | + | SECTION 245. IC 36-7.7-2-11 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO32 |
---|
| 9662 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. "White River vision plan" refers to a33 |
---|
| 9663 | + | comprehensive and coordinated plan to enhance the White River in Marion and Hamilton counties.34 |
---|
| 9664 | + | SECTION 246. IC 36-7.7-3-2, AS ADDED BY P.L.83-2020, SECTION 2, IS AMENDED TO READ35 |
---|
| 9665 | + | AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. A development authority established under this36 |
---|
| 9666 | + | chapter is a separate body corporate and politic that shall carry out the purposes of this article by:37 |
---|
| 9667 | + | (1) acquiring, constructing, equipping, owning, and financing projects and facilities to or for the38 |
---|
| 9668 | + | benefit of eligible political subdivisions under this article; and39 |
---|
| 9669 | + | (2) funding and developing:40 |
---|
| 9670 | + | (A) airport authority projects;41 |
---|
| 9671 | + | (B) commuter transportation district and other rail projects and services;42 |
---|
| 9672 | + | (C) regional transportation authority projects and services;43 |
---|
| 9673 | + | (D) economic development projects;44 |
---|
| 9674 | + | (E) intermodal transportation projects;45 |
---|
| 9675 | + | (F) regional trail or greenway projects;46 |
---|
| 9676 | + | (G) regional transportation infrastructure projects under IC 36-9-43; and47 |
---|
| 9677 | + | EH 1001—LS 7401/DI 125 |
---|
| 9678 | + | 190 (H) White River vision plan projects; and1 |
---|
| 9679 | + | (H) (I) any other capital infrastructure project that enhances the region with the goal of attracting2 |
---|
| 9680 | + | people or business;3 |
---|
| 9681 | + | that are of regional importance.4 |
---|
| 9682 | + | SECTION 247. IC 36-7.7-5-2, AS ADDED BY P.L.83-2020, SECTION 2, IS AMENDED TO READ5 |
---|
| 9683 | + | AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) A development authority may do any of the6 |
---|
| 9684 | + | following:7 |
---|
| 9685 | + | (1) Finance, improve, construct, reconstruct, renovate, purchase, acquire, and equip land and8 |
---|
| 9686 | + | projects that are of regional importance.9 |
---|
| 9687 | + | (2) Finance and construct additional improvements to projects or other capital improvements owned10 |
---|
| 9688 | + | by the development authority.11 |
---|
| 9689 | + | (3) Construct or reconstruct highways, roads, and bridges.12 |
---|
| 9690 | + | (4) Acquire land or all or a part of one (1) or more projects from an eligible political subdivision by13 |
---|
| 9691 | + | purchase.14 |
---|
| 9692 | + | (5) Acquire all or a part of one (1) or more projects from an eligible political subdivision by15 |
---|
| 9693 | + | purchase to fund or refund indebtedness incurred on account of the projects to enable the eligible16 |
---|
| 9694 | + | political subdivision to make a savings in debt service obligations or lease rental obligations or to17 |
---|
| 9695 | + | obtain relief from covenants that the eligible political subdivision considers to be unduly18 |
---|
| 9696 | + | burdensome.19 |
---|
| 9697 | + | (6) Make grants or provide other financial assistance to or on behalf of the following:20 |
---|
| 9698 | + | (A) A commuter transportation district.21 |
---|
| 9699 | + | (B) An airport authority.22 |
---|
| 9700 | + | (C) A regional transportation authority. A loan, a loan guarantee, a grant, or other financial23 |
---|
| 9701 | + | assistance under this clause may be used by a regional transportation authority for acquiring,24 |
---|
| 9702 | + | improving, operating, maintaining, financing, and supporting the following:25 |
---|
| 9703 | + | (i) Bus services (including fixed route services and flexible or demand-responsive services)26 |
---|
| 9704 | + | that are a component of a public transportation system.27 |
---|
| 9705 | + | (ii) Bus terminals, stations, or facilities or other regional bus authority projects.28 |
---|
| 9706 | + | (D) A county.29 |
---|
| 9707 | + | (E) A municipality.30 |
---|
| 9708 | + | (7) Make grants or provide other financial assistance from the White River vision plan fund31 |
---|
| 9709 | + | as recommended by the White River vision plan technical committee to a:32 |
---|
| 9710 | + | (A) county;33 |
---|
| 9711 | + | (B) municipality; or34 |
---|
| 9712 | + | (C) not-for-profit entity.35 |
---|
| 9713 | + | (7) (8) Provide funding to assist a railroad that is providing commuter transportation services in a36 |
---|
| 9714 | + | county containing territory included in the development authority.37 |
---|
| 9715 | + | (8) (9) Provide funding to assist an airport authority located in a county containing territory included38 |
---|
| 9716 | + | in the development authority in the construction, reconstruction, renovation, purchase, lease,39 |
---|
| 9717 | + | acquisition, and equipping of an airport facility or airport project.40 |
---|
| 9718 | + | (9) (10) Provide funding for intermodal transportation projects and facilities.41 |
---|
| 9719 | + | (10) (11) Provide funding for regional trails and greenways.42 |
---|
| 9720 | + | (11) (12) Provide funding for economic development projects.43 |
---|
| 9721 | + | (12) (13) Provide funding for regional transportation infrastructure projects under IC 36-9-43.44 |
---|
| 9722 | + | (13) (14) Hold, use, lease, rent, purchase, acquire, and dispose of by purchase, exchange, gift,45 |
---|
| 9723 | + | bequest, grant, condemnation, lease, or sublease, on the terms and conditions determined by the46 |
---|
| 9724 | + | development authority, any real or personal property.47 |
---|
| 9725 | + | EH 1001—LS 7401/DI 125 |
---|
| 9726 | + | 191 (14) (15) After giving notice, enter upon any lots or lands for the purpose of surveying or examining1 |
---|
| 9727 | + | them to determine the location of a project.2 |
---|
| 9728 | + | (15) (16) Make or enter into all contracts and agreements necessary or incidental to the performance3 |
---|
| 9729 | + | of the development authority's duties and the execution of the development authority's powers under4 |
---|
| 9730 | + | this article.5 |
---|
| 9731 | + | (16) (17) Sue, be sued, plead, and be impleaded.6 |
---|
| 9732 | + | (17) (18) Design, order, contract for, construct, reconstruct, and renovate a project or improvements7 |
---|
| 9733 | + | to a project.8 |
---|
| 9734 | + | (18) (19) Appoint an executive director and employ appraisers, real estate experts, engineers,9 |
---|
| 9735 | + | architects, surveyors, attorneys, accountants, auditors, clerks, construction managers, and any10 |
---|
| 9736 | + | consultants or employees who are necessary or desired by the development authority in exercising11 |
---|
| 9737 | + | its powers or carrying out its duties under this article.12 |
---|
| 9738 | + | (19) (20) Accept loans, grants, and other forms of financial assistance from the federal government,13 |
---|
| 9739 | + | the state government, a political subdivision, or any other public or private source.14 |
---|
| 9740 | + | (20) (21) Use the development authority's funds to match federal grants or make loans, loan15 |
---|
| 9741 | + | guarantees, or grants to carry out the development authority's powers and duties under this article.16 |
---|
| 9742 | + | (21) (22) Except as prohibited by law, take any action necessary to carry out this article.17 |
---|
| 9743 | + | (b) Projects funded by a development authority must be of regional importance.18 |
---|
| 9744 | + | SECTION 248. IC 36-7.7-7 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ19 |
---|
| 9745 | + | AS FOLLOWS [EFFECTIVE JULY 1, 2023]:20 |
---|
| 9746 | + | Chapter 7. White River Vision Fund21 |
---|
| 9747 | + | Sec. 1. (a) The White River vision fund is established to carry out the purposes of this article.22 |
---|
| 9748 | + | (b) The fund consists of:23 |
---|
| 9749 | + | (1) bequests, devises, contributions, donations, gifts, grants, investments, local tax revenue,24 |
---|
| 9750 | + | local matching funds, and private funding intended for deposit in the fund;25 |
---|
| 9751 | + | (2) money received from the federal government;26 |
---|
| 9752 | + | (3) interest deposited in the fund under subsection (e); and27 |
---|
| 9753 | + | (4) money transferred to the fund from other funds.28 |
---|
| 9754 | + | (c) The development authority shall administer the fund.29 |
---|
| 9755 | + | (d) The expenses of administering the fund and carrying out the purposes of this article may be30 |
---|
| 9756 | + | paid from money in the fund or from funds of the development authority.31 |
---|
| 9757 | + | (e) The treasurer of state shall invest the money in the fund not currently needed to meet the32 |
---|
| 9758 | + | obligations of the fund in the same manner as other public funds may be invested. Interest that33 |
---|
| 9759 | + | accrues from these investments shall be deposited in the fund.34 |
---|
| 9760 | + | (f) Money in the fund at the end of a state fiscal year does not revert to the state general fund or35 |
---|
| 9761 | + | any other fund.36 |
---|
| 9762 | + | SECTION 249. IC 36-7.7-8 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ37 |
---|
| 9763 | + | AS FOLLOWS [EFFECTIVE JULY 1, 2023]:38 |
---|
| 9764 | + | Chapter 8. Central Indiana Regional Development Authority Foundation39 |
---|
| 9765 | + | Sec. 1. (a) The development authority may establish a nonprofit subsidiary corporation that is40 |
---|
| 9766 | + | exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code to solicit41 |
---|
| 9767 | + | and accept private funding, gifts, donations, bequests, devises, and contributions.42 |
---|
| 9768 | + | (b) A subsidiary corporation established under this section shall use money received under43 |
---|
| 9769 | + | subsection (a) to carry out in any manner the purposes and programs under this article.44 |
---|
| 9770 | + | (c) A subsidiary corporation established under this section shall be governed by a board of45 |
---|
| 9771 | + | directors comprised of:46 |
---|
| 9772 | + | (1) the strategy committee; and47 |
---|
| 9773 | + | (2) any other directors that the strategy committee appoints.48 |
---|
| 9774 | + | EH 1001—LS 7401/DI 125 |
---|
| 9775 | + | 192 (d) Employees of the committee may provide administrative support for a subsidiary corporation1 |
---|
| 9776 | + | established under this section.2 |
---|
| 9777 | + | (e) The state board of accounts shall audit a subsidiary corporation established under this3 |
---|
| 9778 | + | chapter.4 |
---|
| 9779 | + | SECTION 250. IC 36-7.7-9 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ5 |
---|
| 9780 | + | AS FOLLOWS [EFFECTIVE JULY 1, 2023]:6 |
---|
| 9781 | + | Chapter 9. White River Vision Plan Technical Committee7 |
---|
| 9782 | + | Sec. 1. (a) The White River vision plan technical committee is established.8 |
---|
| 9783 | + | (b) The committee shall be composed of twelve (12) members as follows:9 |
---|
| 9784 | + | (1) The executive director of the White River state park development commission.10 |
---|
| 9785 | + | (2) Six (6) members nominated by the executive of each unit and approved by the strategy11 |
---|
| 9786 | + | committee, as follows:12 |
---|
| 9787 | + | (A) An individual representing the city of Carmel.13 |
---|
| 9788 | + | (B) An individual representing the city of Fishers.14 |
---|
| 9789 | + | (C) An individual representing Hamilton County.15 |
---|
| 9790 | + | (D) An individual representing the city of Indianapolis.16 |
---|
| 9791 | + | (E) An individual representing Marion County.17 |
---|
| 9792 | + | (F) An individual representing the city of Noblesville.18 |
---|
| 9793 | + | (3) Five (5) members appointed by the strategy committee, as follows:19 |
---|
| 9794 | + | (A) An individual representing Friends of the White River.20 |
---|
| 9795 | + | (B) An individual representing Hamilton County Tourism.21 |
---|
| 9796 | + | (C) An individual representing Visit Indy.22 |
---|
| 9797 | + | (D) An individual representing the White River Alliance.23 |
---|
| 9798 | + | (E) An individual representing Citizens Energy Group.24 |
---|
| 9799 | + | (c) The term of a member of the committee is four (4) years.25 |
---|
| 9800 | + | Sec. 2. (a) In January of each year, the committee shall hold an organizational meeting at which26 |
---|
| 9801 | + | the committee shall elect the following officers from the members of the strategy committee:27 |
---|
| 9802 | + | (1) A chair.28 |
---|
| 9803 | + | (2) A vice chair.29 |
---|
| 9804 | + | (3) A secretary-treasurer.30 |
---|
| 9805 | + | (b) The affirmative vote of at least a majority of the members of the committee is necessary to31 |
---|
| 9806 | + | elect an officer under subsection (a).32 |
---|
| 9807 | + | (c) An officer elected under subsection (a):33 |
---|
| 9808 | + | (1) serves from the date of the officer's election until the officer's successor is elected and34 |
---|
| 9809 | + | qualified; and35 |
---|
| 9810 | + | (2) may be re-elected to serve as an officer.36 |
---|
| 9811 | + | (d) The committee shall meet as the committee determines.37 |
---|
| 9812 | + | Sec. 3. (a) The committee may do the following:38 |
---|
| 9813 | + | (1) Conduct all studies necessary for the performance of the committee's duties.39 |
---|
| 9814 | + | (2) Review plans and proposals that concern the development of White River Vision Plan40 |
---|
| 9815 | + | projects.41 |
---|
| 9816 | + | (3) Study the financial feasibility of any proposed White River Vision Plan project.42 |
---|
| 9817 | + | (4) Supply and draw on technical expertise of professionals and other personnel employed by43 |
---|
| 9818 | + | an agency, a department, or a commission of the state for purposes of evaluating any proposed44 |
---|
| 9819 | + | White River vision plan project.45 |
---|
| 9820 | + | (5) Analyze and score proposals for White River vision plan projects.46 |
---|
| 9821 | + | (6) Prepare reports and recommendations of White River vision plan projects for submission47 |
---|
| 9822 | + | to the development authority.48 |
---|
| 9823 | + | EH 1001—LS 7401/DI 125 |
---|
| 9824 | + | 193 (7) Solicit and obtain funding as follows:1 |
---|
| 9825 | + | (A) Receive appropriations of state or federal funds for or in aid of the acquisition,2 |
---|
| 9826 | + | construction, improvement, or development of any part of White River vision plan projects.3 |
---|
| 9827 | + | (B) Assist or cooperate with or accept assistance and cooperation from a political4 |
---|
| 9828 | + | subdivision or public agency, department, or commission, including the acceptance of5 |
---|
| 9829 | + | money and property from the political subdivision or public agency, department, or6 |
---|
| 9830 | + | commission, if the committee considers the assistance or cooperation appropriate and in7 |
---|
| 9831 | + | furtherance of any part of White River vision plan projects.8 |
---|
| 9832 | + | (C) Receive and accept gifts, contributions, bequests, local tax revenue, local matching9 |
---|
| 9833 | + | funds, and private funding from any source.10 |
---|
| 9834 | + | (8) Employ staff to assist in carrying out the purposes of this chapter.11 |
---|
| 9835 | + | (9) Apply for and receive funds available in furtherance of the purposes of this chapter.12 |
---|
| 9836 | + | (b) The committee does not have authority to grant approval for proposed White River vision13 |
---|
| 9837 | + | plan projects.14 |
---|
| 9838 | + | SECTION 251. IC 36-8-10.6-5, AS ADDED BY P.L.187-2021, SECTION 144, IS AMENDED TO15 |
---|
| 9839 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. The department shall do the following:16 |
---|
| 9840 | + | (1) Develop curriculum for the executive training program.17 |
---|
| 9841 | + | (2) Offer an executive training program, either in person or by electronic means, at least two (2)18 |
---|
| 9842 | + | times per year.19 |
---|
| 9843 | + | (3) Pay any costs of the executive training program out of the regional public safety training fund20 |
---|
| 9844 | + | established by IC 10-15-3-12. IC 10-19-9.1-1.21 |
---|
| 9845 | + | (4) Provide a certificate of completion to any fire service personnel who complete the executive22 |
---|
| 9846 | + | training program offered by the department.23 |
---|
| 9847 | + | SECTION 252. IC 36-8-25.5-8, AS ADDED BY P.L.217-2021, SECTION 2, IS AMENDED TO24 |
---|
| 9848 | + | READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 8. (a) The Indiana criminal justice institute25 |
---|
| 9849 | + | shall establish the Indiana crime guns task force fund for the purpose of providing support for the26 |
---|
| 9850 | + | operations of the task force.27 |
---|
| 9851 | + | (b) The fund consists of the following:28 |
---|
| 9852 | + | (1) Grants and donations made to the task force.29 |
---|
| 9853 | + | (2) Money from participating agencies in accordance with the memorandum of understanding.30 |
---|
| 9854 | + | (3) Money appropriated to fund the task force.31 |
---|
| 9855 | + | (c) The expenses of the task force shall be paid by the fund.32 |
---|
| 9856 | + | (d) The Indiana criminal justice institute shall administer the fund.33 |
---|
| 9857 | + | (e) The Indiana criminal justice institute shall process all expenditures and claims for payment made34 |
---|
| 9858 | + | by the executive board. Expenditures from the fund shall not exceed the available balance of the fund.35 |
---|
| 9859 | + | (f) The Indiana criminal justice institute shall use all money in the fund to support the operations of36 |
---|
| 9860 | + | the task force.37 |
---|
| 9861 | + | (g) The Indiana criminal justice institute may not transfer, assign, or otherwise remove money from38 |
---|
| 9862 | + | the Indiana crime guns task force fund for any purpose outside of the mission of the task force as39 |
---|
| 9863 | + | determined by the executive board of the task force.40 |
---|
| 9864 | + | (h) Money in the fund at the end of a state fiscal year does not revert to the state general fund.41 |
---|
| 9865 | + | SECTION 253. [EFFECTIVE JULY 1, 2023] (a) Not later than July 15, 2023, each:42 |
---|
| 9866 | + | (1) township trustee that operates a school corporation; or43 |
---|
| 9867 | + | (2) governing body of a school corporation;44 |
---|
| 9868 | + | shall distribute an equal amount of the remaining balance from the school corporation's curricular45 |
---|
| 9869 | + | materials rental fund established under IC 20-41-2 into the curricular materials account of each46 |
---|
| 9870 | + | public school of the school corporation that is established in accordance with IC 20-40-22-9, as47 |
---|
| 9871 | + | added by this act.48 |
---|
| 9872 | + | EH 1001—LS 7401/DI 125 |
---|
| 9873 | + | 194 (b) This SECTION expires January 1, 2024.1 |
---|
| 9874 | + | SECTION 254. [EFFECTIVE JULY 1, 2023] (a) The legislative services agency, under the2 |
---|
| 9875 | + | direction of the code revision commission, shall prepare legislation for introduction in the 20243 |
---|
| 9876 | + | regular session of the general assembly to make appropriate amendments to the Indiana Code to4 |
---|
| 9877 | + | change references from the "auditor of state" to the "state comptroller" and to make any other5 |
---|
| 9878 | + | changes necessary to implement IC 4-7-1-1, as amended by this act.6 |
---|
| 9879 | + | (b) After June 30, 2023, state agencies shall refer to the auditor of state as the state comptroller7 |
---|
| 9880 | + | when adopting agency rules, and references to the auditor of state in the Indiana Administrative8 |
---|
| 9881 | + | Code are considered references to the state comptroller.9 |
---|
| 9882 | + | (c) This SECTION expires July 1, 2026.10 |
---|
| 9883 | + | SECTION 255. [EFFECTIVE JULY 1, 2023] (a) Notwithstanding IC 4-13-2-19 or any other law,11 |
---|
| 9884 | + | the appropriations made in P.L.165-2021, SECTION 26, from the account in the federal economic12 |
---|
| 9885 | + | stimulus fund created for the American Rescue Plan Act that are unexpended and unencumbered13 |
---|
| 9886 | + | at the close of the state fiscal year ending on June 30, 2023, do not lapse but instead remain14 |
---|
| 9887 | + | available for expenditure during either state fiscal year in a biennium beginning after June 30,15 |
---|
| 9888 | + | 2023, and ending before July 1, 2025, for the purpose for which the appropriation was originally16 |
---|
| 9889 | + | made.17 |
---|
| 9890 | + | (b) This SECTION expires July 1, 2025.18 |
---|
| 9891 | + | SECTION 256. [EFFECTIVE UPON PASSAGE] (a) Any balance on June 30, 2023, in the Indiana19 |
---|
| 9892 | + | safe schools fund established by IC 5-2-10.1-2, shall be transferred to the Indiana secured school20 |
---|
| 9893 | + | fund established by IC 10-21-1-2 on June 30, 2023.21 |
---|
| 9894 | + | (b) This SECTION expires July 1, 2023.22 |
---|
| 9895 | + | SECTION 257. [EFFECTIVE UPON PASSAGE] (a) Any balance in the mental health centers fund23 |
---|
| 9896 | + | (IC 6-7-1-32.1), as repealed by this act, shall be transferred to the state general fund on June 30,24 |
---|
| 9897 | + | 2023.25 |
---|
| 9898 | + | (b) This SECTION expires July 1, 2023.26 |
---|
| 9899 | + | SECTION 258. [EFFECTIVE UPON PASSAGE] (a) Any balance in the public mass transportation27 |
---|
| 9900 | + | fund established by IC 8-23-3-8, as repealed by this act, shall be transferred to the state general28 |
---|
| 9901 | + | fund on June 30, 2023.29 |
---|
| 9902 | + | (b) This SECTION expires July 1, 2023.30 |
---|
| 9903 | + | SECTION 259. [EFFECTIVE UPON PASSAGE] (a) Any balance in the special education fund31 |
---|
| 9904 | + | under IC 20-35-4-4, as repealed by this act, shall be transferred to the state general fund on June32 |
---|
| 9905 | + | 30, 2023.33 |
---|
| 9906 | + | (b) This SECTION expires July 1, 2023.34 |
---|
| 9907 | + | SECTION 260. [EFFECTIVE UPON PASSAGE] (a) Any balance in the fire training infrastructure35 |
---|
| 9908 | + | fund established by IC 22-14-6-2, as repealed by this act, shall be transferred to the regional public36 |
---|
| 9909 | + | safety training fund established by IC 10-19-9.1-1, as added by this act, on June 30, 2023.37 |
---|
| 9910 | + | (b) This SECTION expires July 1, 2024.38 |
---|
| 9911 | + | SECTION 261. P.L.165-2021, SECTION 216, IS AMENDED TO READ AS FOLLOWS39 |
---|
| 9912 | + | [EFFECTIVE UPON PASSAGE]: SECTION 216. (a) Notwithstanding IC 4-13-2-19 or any other law,40 |
---|
| 9913 | + | any part of an appropriation made for the legislative council and the legislative services agency, in a state41 |
---|
| 9914 | + | fiscal year beginning after June 30, 2018, and ending before July 1, 2022, 2024, that is unexpended and42 |
---|
| 9915 | + | unencumbered at the close of that state fiscal year does not lapse and is not returned to the state general43 |
---|
| 9916 | + | revenue fund but remains available for expenditure during either state fiscal year in a biennium beginning44 |
---|
| 9917 | + | after June 30, 2019, 2023, and ending before July 1, 2023. 2025. The unexpended and unencumbered45 |
---|
| 9918 | + | amount may be used to supplement the amounts appropriated in this act for each state fiscal year in the46 |
---|
| 9919 | + | biennium and shall be allotted, as requested by the executive director of the legislative services agency,47 |
---|
| 9920 | + | for the total operating expenses of the legislative council or the legislative services agency, or both.48 |
---|
| 9921 | + | EH 1001—LS 7401/DI 125 |
---|
| 9922 | + | 195 (b) This SECTION expires July 1, 2023. 2025.1 |
---|
| 9923 | + | SECTION 262. P.L.165-2021, SECTION 220, IS AMENDED TO READ AS FOLLOWS2 |
---|
| 9924 | + | [EFFECTIVE JUNE 29, 2023]: SECTION 220. (a) The definitions of "vacation leave", "sick leave", and3 |
---|
| 9925 | + | other types of leave used on July 1, 2010, by the department apply to this SECTION.4 |
---|
| 9926 | + | (b) As used in this SECTION, "department" refers to the state personnel department established by5 |
---|
| 9927 | + | IC 4-15-2.2-13.6 |
---|
| 9928 | + | (c) As used in this SECTION, "pilot program" refers to the pilot program reestablished under7 |
---|
| 9929 | + | subsection (d).8 |
---|
| 9930 | + | (d) The personnel committee of the legislative council for the legislative branch of state government9 |
---|
| 9931 | + | or the Indiana supreme court for the judicial branch of state government, or both, may reestablish the pilot10 |
---|
| 9932 | + | program established by P.L.220-2005, SECTION 8 (before its expiration), and P.L.220-2005, SECTION11 |
---|
| 9933 | + | 10 (before its expiration), including provisions adopted by:12 |
---|
| 9934 | + | (1) the deferred compensation committee (established by IC 5-10-1.1-4) to govern the pilot program;13 |
---|
| 9935 | + | (2) the department under LSA Document #06-488(E) (before its expiration), filed with the publisher14 |
---|
| 9936 | + | of the Indiana Register on October 16, 2006, to govern the pilot program; or15 |
---|
| 9937 | + | (3) the auditor of state to administer the pilot program.16 |
---|
| 9938 | + | (e) Subject to the Internal Revenue Code and applicable regulations, the personnel committee of the17 |
---|
| 9939 | + | legislative council or the Indiana supreme court, or both, may adopt procedures to implement and18 |
---|
| 9940 | + | administer the pilot program, including provisions established or reestablished under subsection (d).19 |
---|
| 9941 | + | (f) The auditor of state shall provide for the administration of the pilot program.20 |
---|
| 9942 | + | (g) This SECTION expires June 30, 2023. 2025.21 |
---|
| 9943 | + | SECTION 263. [EFFECTIVE UPON PASSAGE] (a) There is appropriated from the state general22 |
---|
| 9944 | + | fund for the state fiscal year beginning July 1, 2022, and ending June 30, 2023, money to the23 |
---|
| 9945 | + | following agencies for the following purposes:24 |
---|
| 9946 | + | (1) Eight hundred million dollars ($800,000,000) to the department of correction to be used for25 |
---|
| 9947 | + | reconstruction of the Westville Correctional Facility.26 |
---|
| 9948 | + | (2) Ninety-seven million dollars ($97,000,000) to the department of administration to be used27 |
---|
| 9949 | + | for capital expenses for the state archives building project.28 |
---|
| 9950 | + | (3) Two hundred fifty-three million dollars ($253,000,000) to the department of administration29 |
---|
| 9951 | + | to be used for capital expenses for the consolidated campus for the Indiana School for the Deaf30 |
---|
| 9952 | + | and the Indiana School for the Blind and Visually Impaired project.31 |
---|
| 9953 | + | (4) One hundred million dollars ($100,000,000) to the department of natural resources to be32 |
---|
| 9954 | + | used for capital expenses for the new lodge at Potato Creek State Park project.33 |
---|
| 9955 | + | (5) Ten million dollars ($10,000,000) to the department of education to be used for the Lilly34 |
---|
| 9956 | + | Endowment literacy grant state match.35 |
---|
| 9957 | + | (6) One billion dollars ($1,000,000,000) to the pension stabilization fund (established by36 |
---|
| 9958 | + | IC 5-10.4-2-5) for purposes of the pre-1996 account.37 |
---|
| 9959 | + | (7) Eighty-one million six hundred thousand dollars ($81,600,000) to Ball State University to38 |
---|
| 9960 | + | be used for north campus building renovations.39 |
---|
| 9961 | + | (8) Sixty-six million dollars ($66,000,000) to Indiana State University to be used for the center40 |
---|
| 9962 | + | for technology, engineering, and design.41 |
---|
| 9963 | + | (9) Eighty-nine million five hundred thousand dollars ($89,500,000) to Indiana University to42 |
---|
| 9964 | + | be used for the Wells Quad and public health building renovation.43 |
---|
| 9965 | + | (10) Thirty-three million one thousand four hundred fifty dollars ($33,001,450) to Ivy Tech44 |
---|
| 9966 | + | Community College to be used for the Indianapolis campus restructure.45 |
---|
| 9967 | + | (11) Eighty-nine million dollars ($89,000,000) to Purdue University to be used for the nursing46 |
---|
| 9968 | + | and pharmacy education buildings.47 |
---|
| 9969 | + | (12) Five million dollars ($5,000,000) to Purdue University to be used for the animal disease48 |
---|
| 9970 | + | EH 1001—LS 7401/DI 125 |
---|
| 9971 | + | 196 diagnostic laboratory upgrades.1 |
---|
| 9972 | + | (13) Eighty-three million dollars ($83,000,000) to the University of Southern Indiana to be used2 |
---|
| 9973 | + | for the first phase of the academic building renovation.3 |
---|
| 9974 | + | (14) Thirty-three million nine hundred thousand dollars ($33,900,000) to Vincennes University4 |
---|
| 9975 | + | to be used for the center for health sciences and active learning.5 |
---|
| 9976 | + | (b) The budget agency may not allot the money under this SECTION until after review by the6 |
---|
| 9977 | + | budget committee.7 |
---|
| 9978 | + | (c) This SECTION expires July 1, 2026.8 |
---|
| 9979 | + | SECTION 264. [EFFECTIVE JULY 1, 2023] (a) On July 1, 2023, the state comptroller shall9 |
---|
| 9980 | + | transfer eighty million dollars ($80,000,000) from the tobacco master settlement agreement fund10 |
---|
| 9981 | + | established by IC 4-12-1-14.3 to the state construction fund established by IC 7.1-4-8.11 |
---|
| 9982 | + | (b) This SECTION expires July 1, 2025.12 |
---|
| 9983 | + | SECTION 265. [EFFECTIVE JULY 1, 2023] (a) IC 6-7-1-17, as amended by this act, applies only13 |
---|
| 9984 | + | to cigarette stamps purchased by distributors after June 30, 2023.14 |
---|
| 9985 | + | (b) This SECTION expires June 30, 2024.15 |
---|
| 9986 | + | SECTION 266. [EFFECTIVE JULY 1, 2023] IC 6-3.1-39.5, as added by this act, applies only to16 |
---|
| 9987 | + | taxable years beginning after December 31, 2023.17 |
---|
| 9988 | + | SECTION 267. [EFFECTIVE UPON PASSAGE] (a) On July 1, 2023, all functions, powers,18 |
---|
| 9989 | + | authorities, and duties of the division of weights and measures of the state department of health19 |
---|
| 9990 | + | under IC 16-19-7 (before its repeal) are transferred to the division of weights and measures20 |
---|
| 9991 | + | established in the office of the secretary of state under IC 23-21-1-1.21 |
---|
| 9992 | + | (b) Employees of the division of weights and measures of the state department of health under22 |
---|
| 9993 | + | IC 16-19-7 on June 30, 2023, become employees of the division of weights and measures established23 |
---|
| 9994 | + | within the office of the secretary of state under IC 23-21-1-1 on July 1, 2023.24 |
---|
| 9995 | + | (c) After June 30, 2023, a reference to the division of weights and measures of the state25 |
---|
| 9996 | + | department of health under IC 16-19-7 in any statute, rule, or other document is considered a26 |
---|
| 9997 | + | reference to the division of weights and measures of the office of the secretary of state under27 |
---|
| 9998 | + | IC 23-21-1-1.28 |
---|
| 9999 | + | (d) The legislative council shall provide for the preparation and introduction of legislation in the29 |
---|
| 10000 | + | 2024 session of the general assembly to correct cross-references and make other changes, as30 |
---|
| 10001 | + | necessary, to bring provisions that are not added or amended by this act into conformity with this31 |
---|
| 10002 | + | act.32 |
---|
| 10003 | + | (e) This SECTION expires July 1, 2026.33 |
---|
| 10004 | + | SECTION 268. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "task force" refers34 |
---|
| 10005 | + | to the funding Indiana's roads for a stronger, safer tomorrow task force established by subsection35 |
---|
| 10006 | + | (b).36 |
---|
| 10007 | + | (b) The funding Indiana's roads for a stronger, safer tomorrow task force is established.37 |
---|
| 10008 | + | (c) The task force consists of the following members:38 |
---|
| 10009 | + | (1) The chairperson of the house of representatives ways and means committee.39 |
---|
| 10010 | + | (2) The chairperson of the senate appropriations committee.40 |
---|
| 10011 | + | (3) The chairperson of the senate tax and fiscal policy committee.41 |
---|
| 10012 | + | (4) The chairperson of the house of representatives roads and transportation committee.42 |
---|
| 10013 | + | (5) The chairperson of the senate homeland security and transportation committee.43 |
---|
| 10014 | + | (6) The director of the office of management and budget.44 |
---|
| 10015 | + | (7) The public finance director of the Indiana finance authority.45 |
---|
| 10016 | + | (8) One (1) member who represents counties and is appointed by the governor after46 |
---|
| 10017 | + | considering the recommendation of the Association of Indiana Counties.47 |
---|
| 10018 | + | (9) One (1) member who represents municipalities and is appointed by the governor after48 |
---|
| 10019 | + | EH 1001—LS 7401/DI 125 |
---|
| 10020 | + | 197 considering the recommendation of Accelerate Indiana Municipalities.1 |
---|
| 10021 | + | (10) One (1) member appointed by the governor after considering the recommendation of the2 |
---|
| 10022 | + | Build Indiana Council.3 |
---|
| 10023 | + | (11) One (1) member appointed by the governor who is an employee of the Indiana department4 |
---|
| 10024 | + | of transportation.5 |
---|
| 10025 | + | (12) One (1) member appointed by the governor who is a member of the Indiana Motor Truck6 |
---|
| 10026 | + | Association.7 |
---|
| 10027 | + | (13) One (1) member appointed by the governor who represents taxpayers.8 |
---|
| 10028 | + | (14) One (1) member of the general assembly who is a member of the majority party of the9 |
---|
| 10029 | + | house of representatives and is appointed by the speaker of the house of representatives.10 |
---|
| 10030 | + | (15) One (1) member of the general assembly who is a member of the minority party of the11 |
---|
| 10031 | + | house of representatives and is appointed by the speaker of the house of representatives in12 |
---|
| 10032 | + | consultation with the minority leader of the house of representatives.13 |
---|
| 10033 | + | (16) One (1) member of the general assembly who is a member of the minority party of the14 |
---|
| 10034 | + | senate and is appointed by the president pro tempore of the senate in consultation with the15 |
---|
| 10035 | + | minority leader of the senate.16 |
---|
| 10036 | + | (d) The budget committee shall select a member of the task force to serve as the chairperson of17 |
---|
| 10037 | + | the task force.18 |
---|
| 10038 | + | (e) The task force shall do the following:19 |
---|
| 10039 | + | (1) Review state highway and major bridge needs.20 |
---|
| 10040 | + | (2) Verify road and bridge needs at the local level.21 |
---|
| 10041 | + | (3) Develop a long term plan for state highway and major bridge needs that addresses the ten22 |
---|
| 10042 | + | (10) points described in subsection (g) and:23 |
---|
| 10043 | + | (A) will achieve the recommended pavement and bridge conditions;24 |
---|
| 10044 | + | (B) will complete the current statewide priority projects by finishing projects that have25 |
---|
| 10045 | + | been started;26 |
---|
| 10046 | + | (C) includes Tier 1, 2, and 3 projects; and27 |
---|
| 10047 | + | (D) using the model developed by the Indiana department of transportation, includes28 |
---|
| 10048 | + | sustainable funding mechanisms for the various components of the plan.29 |
---|
| 10049 | + | (4) Review the long term impact of electric and hybrid vehicles.30 |
---|
| 10050 | + | (5) Develop a long term plan for local road and bridge needs.31 |
---|
| 10051 | + | (f) The long term plan for state highway and major bridge needs must provide a basis for32 |
---|
| 10052 | + | consideration for the state biennial budget enacted for the biennium beginning July 1, 2025.33 |
---|
| 10053 | + | (g) The long term plan for state highway and major bridge needs must include the following ten34 |
---|
| 10054 | + | (10) points:35 |
---|
| 10055 | + | (1) Estimates of the costs of major projects, including a study of which projects can be done36 |
---|
| 10056 | + | within current revenue streams and which projects may require additional funding.37 |
---|
| 10057 | + | (2) The identification of projects for which a public-private partnership, a public-private38 |
---|
| 10058 | + | agreement, or tolling might be viable, with planning to verify and confirm these public-private39 |
---|
| 10059 | + | partnership, public-private agreement, or tolling opportunities.40 |
---|
| 10060 | + | (3) The identification of resources for annual maintenance needs, concentrating first on41 |
---|
| 10061 | + | available user fees and attempting to secure stable and predictable funding sources. This must42 |
---|
| 10062 | + | include a determination of whether additional resources must be pursued and what form of43 |
---|
| 10063 | + | resource is most appropriate for each project.44 |
---|
| 10064 | + | (4) A review of the state's debt situation and the development of a plan to maintain a strong45 |
---|
| 10065 | + | financial position for the state. This must include consideration of whether a fee or tax could46 |
---|
| 10066 | + | be associated with the life of a bond for an individual project, with the fee or tax then expiring47 |
---|
| 10067 | + | by law upon payment of the bond.48 |
---|
| 10068 | + | EH 1001—LS 7401/DI 125 |
---|
| 10069 | + | 198 (5) The evaluation of the state system of taxes, fees, and registration fees, and the equity of1 |
---|
| 10070 | + | payments by different groups of users of transportation assets. This must include an evaluation2 |
---|
| 10071 | + | of the overall reliability over time of the receipt of revenue from these sources.3 |
---|
| 10072 | + | (6) A review of the fuel tax system, including such concepts as indexing tax rates, changing tax4 |
---|
| 10073 | + | rates, and the appropriate collection points for these taxes.5 |
---|
| 10074 | + | (7) The ensuring that the projects listed in the plan are priority items that should be carried6 |
---|
| 10075 | + | out, and confirming that these projects bring value to citizens either through access and safety7 |
---|
| 10076 | + | needs or for economic development of Indiana as a whole.8 |
---|
| 10077 | + | (8) A review of the impact and advisability of dedicating some part of state sales tax to roads9 |
---|
| 10078 | + | and road maintenance.10 |
---|
| 10079 | + | (9) An analysis of how collective purchasing agreements could be developed to share and11 |
---|
| 10080 | + | reduce costs across the system of state and local governments.12 |
---|
| 10081 | + | (10) A presentation of the plan and recommendations to the budget committee before January13 |
---|
| 10082 | + | 1, 2024.14 |
---|
| 10083 | + | (h) The legislative services agency shall provide staff support to the task force.15 |
---|
| 10084 | + | (i) The meetings of the task force must be held in public as provided under IC 5-14-1.5. However,16 |
---|
| 10085 | + | the task force is permitted to meet in executive session as determined necessary by the chairperson17 |
---|
| 10086 | + | of the task force.18 |
---|
| 10087 | + | (j) This SECTION expires June 30, 2024.19 |
---|
| 10088 | + | SECTION 269. An emergency is declared for this act.20 |
---|
| 10089 | + | EH 1001—LS 7401/DI 125 |
---|
| 10090 | + | 199 COMMITTEE REPORT |
---|
| 10091 | + | Mr. Speaker: Your Committee on Ways and Means, to which was |
---|
| 10092 | + | referred House Bill 1001, has had the same under consideration and |
---|
| 10093 | + | begs leave to report the same back to the House with the |
---|
| 10094 | + | recommendation that said bill be amended as follows: |
---|
| 10095 | + | Delete everything after the enacting clause and insert the following: |
---|
| 10096 | + | (SEE TEXT OF BILL) |
---|
| 10097 | + | and when so amended that said bill do pass. |
---|
| 10098 | + | (Reference is to HB 1001 as introduced.) |
---|
| 10099 | + | THOMPSON |
---|
| 10100 | + | Committee Vote: yeas 14, nays 5. |
---|
| 10101 | + | _____ |
---|
| 10102 | + | HOUSE MOTION |
---|
| 10103 | + | Mr. Speaker: I move that House Bill 1001 be amended to read as |
---|
| 10104 | + | follows: |
---|
| 10105 | + | Page 59, line 49, delete "1,000,000 1,000,000" and insert "400,000 |
---|
| 10106 | + | 400,000 |
---|
| 10107 | + | NEXT GENERATION MINORITY EDUCATOR |
---|
| 10108 | + | SCHOLARSHIP |
---|
| 10109 | + | Total Operating Expense 600,000 600,000". |
---|
| 10110 | + | Page 61, between lines 7 and 8, begin a new line blocked left and |
---|
| 10111 | + | insert: |
---|
| 10112 | + | "Notwithstanding IC 4-12-14-7 or any other law, after January 1, |
---|
| 10113 | + | 2025, the sublease entered into using the above appropriations may |
---|
| 10114 | + | be extended by an additional ten (10) years.". |
---|
| 10115 | + | Page 96, line 25, after "if" insert ": |
---|
| 10116 | + | (A)". |
---|
| 10117 | + | Page 96, line 26, delete "exhausted." and insert "exhausted; and |
---|
| 10118 | + | (B) the projects funded in whole or in part by a grant or |
---|
| 10119 | + | loan from the fund satisfy the criteria and requirements |
---|
| 10120 | + | described in IC 4-4-38.5.". |
---|
| 10121 | + | Page 122, line 46, delete "year:" and insert "year". |
---|
| 10122 | + | Page 122, line 47, strike "(1)". |
---|
| 10123 | + | Page 122, line 47, delete "2021;" and insert "2021.". |
---|
| 10124 | + | EH 1001—LS 7401/DI 125 |
---|
| 10125 | + | 200 Page 122, line 47, after "2021;" strike "and". |
---|
| 10126 | + | Page 123, strike line 1. |
---|
| 10127 | + | (Reference is to HB 1001 as printed February 20, 2023.) |
---|
| 10128 | + | THOMPSON |
---|
| 10129 | + | _____ |
---|
| 10130 | + | HOUSE MOTION |
---|
| 10131 | + | Mr. Speaker: I move that House Bill 1001 be amended to read as |
---|
| 10132 | + | follows: |
---|
| 10133 | + | Page 186, between lines 12 and 13, begin a new paragraph and |
---|
| 10134 | + | insert: |
---|
| 10135 | + | "SECTION 182. IC 21-20-6 IS ADDED TO THE INDIANA CODE |
---|
| 10136 | + | AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
---|
| 10137 | + | JULY 1, 2023]: |
---|