1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1268 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 5-2-10.1; IC 9-13-2; IC 9-19; IC 10-21-1; |
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7 | 7 | | IC 20-27-4-10; IC 34-30-2.1-91.5. |
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8 | 8 | | Synopsis: Seat belts on school buses. Requires a governing body, |
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9 | 9 | | charter school, or accredited nonpublic school seeking to purchase a |
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10 | 10 | | school bus or special purpose bus to: (1) request information |
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11 | 11 | | concerning the cost of purchasing a school bus or special purpose bus |
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12 | 12 | | equipped with 3-point lap and shoulder safety belts; and (2) hold a |
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13 | 13 | | public meeting on the costs and benefits of purchasing a school bus or |
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14 | 14 | | special purpose bus with 3-point lap and shoulder safety belts before |
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15 | 15 | | voting on whether to purchase the bus. Allows a school corporation, |
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16 | 16 | | charter school, or an accredited nonpublic school to use a portion of a |
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17 | 17 | | grant from the safe schools fund or the secured school fund toward |
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18 | 18 | | purchasing or equipping school buses and special purpose buses with |
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19 | 19 | | safety equipment. Requires each occupant of a school bus or special |
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20 | 20 | | purpose bus that has a 3-point lap and shoulder safety belt to have the |
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21 | 21 | | 3-point lap and shoulder safety belt properly fastened about the |
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22 | 22 | | occupant's body at all times when the bus is in motion. Provides for an |
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23 | 23 | | exception to the laws concerning other types of passenger restraint |
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24 | 24 | | systems. |
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25 | 25 | | Effective: July 1, 2023. |
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26 | 26 | | Bartlett |
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27 | 27 | | January 11, 2023, read first time and referred to Committee on Education. |
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28 | 28 | | 2023 IN 1268—LS 6737/DI 143 Introduced |
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29 | 29 | | First Regular Session of the 123rd General Assembly (2023) |
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30 | 30 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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31 | 31 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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32 | 32 | | additions will appear in this style type, and deletions will appear in this style type. |
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33 | 33 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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34 | 34 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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35 | 35 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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36 | 36 | | a new provision to the Indiana Code or the Indiana Constitution. |
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37 | 37 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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38 | 38 | | between statutes enacted by the 2022 Regular Session of the General Assembly. |
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39 | 39 | | HOUSE BILL No. 1268 |
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40 | 40 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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41 | 41 | | education. |
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42 | 42 | | Be it enacted by the General Assembly of the State of Indiana: |
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43 | 43 | | 1 SECTION 1. IC 5-2-10.1-2, AS AMENDED BY P.L.211-2019, |
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44 | 44 | | 2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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45 | 45 | | 3 JULY 1, 2023]: Sec. 2. (a) The Indiana safe schools fund is established |
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46 | 46 | | 4 to do the following: |
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47 | 47 | | 5 (1) Promote school safety through the: |
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48 | 48 | | 6 (A) use of dogs trained to detect drugs and illegal substances; |
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49 | 49 | | 7 and |
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50 | 50 | | 8 (B) purchase of other equipment and materials used to |
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51 | 51 | | 9 enhance the safety of schools. |
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52 | 52 | | 10 (2) Combat truancy. |
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53 | 53 | | 11 (3) Provide matching grants to schools for school safe haven |
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54 | 54 | | 12 programs. |
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55 | 55 | | 13 (4) Provide grants for school safety and safety plans. However, a |
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56 | 56 | | 14 grant from the fund may not be used to employ a school resource |
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57 | 57 | | 15 officer (as defined in IC 20-26-18.2-1) or a law enforcement |
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58 | 58 | | 16 officer (as defined in IC 35-31.5-2-185). |
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59 | 59 | | 17 (5) Provide educational outreach and training to school personnel |
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60 | 60 | | 2023 IN 1268—LS 6737/DI 143 2 |
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61 | 61 | | 1 concerning: |
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62 | 62 | | 2 (A) the identification of; |
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63 | 63 | | 3 (B) the prevention of; and |
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64 | 64 | | 4 (C) intervention in; |
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65 | 65 | | 5 bullying. |
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66 | 66 | | 6 (6) Provide educational outreach to school personnel and training |
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67 | 67 | | 7 to school safety specialists and school resource officers |
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68 | 68 | | 8 concerning: |
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69 | 69 | | 9 (A) the identification of; |
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70 | 70 | | 10 (B) the prevention of; and |
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71 | 71 | | 11 (C) intervention in; |
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72 | 72 | | 12 criminal organization activities. |
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73 | 73 | | 13 (7) Provide grants for school wide programs to improve school |
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74 | 74 | | 14 climate and professional development and training for school |
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75 | 75 | | 15 personnel concerning: |
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76 | 76 | | 16 (A) alternatives to suspension and expulsion; and |
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77 | 77 | | 17 (B) evidence based practices that contribute to a positive |
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78 | 78 | | 18 school environment, including classroom management skills, |
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79 | 79 | | 19 positive behavioral intervention and support, restorative |
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80 | 80 | | 20 practices, and social emotional learning. |
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81 | 81 | | 21 (8) Promote student safety through the purchase or equipping |
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82 | 82 | | 22 of school buses and special purpose buses with 3-point lap and |
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83 | 83 | | 23 shoulder safety belts or other safety equipment for buses that |
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84 | 84 | | 24 is proven to substantially improve school bus safety, as |
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85 | 85 | | 25 determined by the state school bus committee established by |
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86 | 86 | | 26 IC 20-27-3-1. |
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87 | 87 | | 27 (b) The fund consists of amounts deposited: |
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88 | 88 | | 28 (1) under IC 33-37-9-4; and |
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89 | 89 | | 29 (2) from any other public or private source. |
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90 | 90 | | 30 (c) The institute shall determine grant recipients from the fund with |
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91 | 91 | | 31 a priority on awarding grants in the following order: |
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92 | 92 | | 32 (1) A grant for a safety plan. |
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93 | 93 | | 33 (2) A safe haven grant requested under section 10 of this chapter. |
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94 | 94 | | 34 (3) A safe haven grant requested under section 7 of this chapter. |
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95 | 95 | | 35 (d) Except as provided in subsection (e), upon recommendation of |
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96 | 96 | | 36 the council, the institute shall establish a method for determining the |
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97 | 97 | | 37 maximum amount a grant recipient may receive under this section. |
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98 | 98 | | 38 (e) A school corporation selected to participate in the school |
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99 | 99 | | 39 intergenerational safety pilot project by the department under |
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100 | 100 | | 40 IC 20-20-46-5 is eligible to receive a grant from the fund in an amount |
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101 | 101 | | 41 described in IC 20-20-46-4 in addition to a grant requested by the |
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102 | 102 | | 42 school corporation under section 6 of this chapter. |
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103 | 103 | | 2023 IN 1268—LS 6737/DI 143 3 |
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104 | 104 | | 1 SECTION 2. IC 5-2-10.1-6, AS AMENDED BY P.L.40-2014, |
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105 | 105 | | 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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106 | 106 | | 3 JULY 1, 2023]: Sec. 6. (a) A school corporation, school corporation |
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107 | 107 | | 4 career and technical education school described in IC 20-37-1-1, or |
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108 | 108 | | 5 charter school (as defined in IC 20-24-1-4) may receive a grant from |
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109 | 109 | | 6 the fund for programs, equipment, services, or activities included in a |
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110 | 110 | | 7 safety plan submitted with the application for funds to the institute. |
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111 | 111 | | 8 (b) A safety plan submitted under this section must include |
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112 | 112 | | 9 provisions for zero (0) tolerance for alcohol, tobacco, drugs, and |
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113 | 113 | | 10 weapons on school property and may include planned purchases or |
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114 | 114 | | 11 equipping of school buses and special purpose buses with 3-point |
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115 | 115 | | 12 lap and shoulder safety belts or, if recommended by the state |
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116 | 116 | | 13 school bus committee established by IC 20-27-3-1, other proven |
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117 | 117 | | 14 safety equipment. If the institute approves the safety plan and |
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118 | 118 | | 15 application, the treasurer of state shall disburse from the fund to the |
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119 | 119 | | 16 applicant the amount of the grant certified to the treasurer of state by |
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120 | 120 | | 17 the institute. |
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121 | 121 | | 18 (c) An accredited nonpublic school may receive a grant from the |
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122 | 122 | | 19 fund only for planned purchases or equipping of school buses and |
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123 | 123 | | 20 special purpose buses with 3-point lap and shoulder safety belts or, |
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124 | 124 | | 21 if recommended by the state school bus committee established by |
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125 | 125 | | 22 IC 20-27-3-1, other proven safety equipment. An accredited |
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126 | 126 | | 23 nonpublic school may receive a grant under this subsection only if |
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127 | 127 | | 24 proposed expenditures are included in a safety plan submitted with |
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128 | 128 | | 25 the application for funds to the institute. |
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129 | 129 | | 26 SECTION 3. IC 9-13-2-161, AS AMENDED BY P.L.198-2016, |
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130 | 130 | | 27 SECTION 163, IS AMENDED TO READ AS FOLLOWS |
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131 | 131 | | 28 [EFFECTIVE JULY 1, 2023]: Sec. 161. (a) "School bus" means, except |
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132 | 132 | | 29 as provided in subsection subsections (b) and (c), a bus used to |
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133 | 133 | | 30 transport preschool, elementary, or secondary school children to and |
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134 | 134 | | 31 from: |
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135 | 135 | | 32 (1) school; |
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136 | 136 | | 33 (2) school athletic games or contests; or |
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137 | 137 | | 34 (3) other school functions. |
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138 | 138 | | 35 (b) "School bus", for purposes of IC 9-19, means a: |
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139 | 139 | | 36 (1) bus; |
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140 | 140 | | 37 (2) hack; |
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141 | 141 | | 38 (3) conveyance; |
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142 | 142 | | 39 (4) commercial motor vehicle; or |
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143 | 143 | | 40 (5) motor vehicle; |
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144 | 144 | | 41 used to transport elementary school (as defined in IC 20-18-2-4) or |
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145 | 145 | | 42 high school (as defined in IC 20-18-2-7) students to and from school |
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146 | 146 | | 2023 IN 1268—LS 6737/DI 143 4 |
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147 | 147 | | 1 or to and from school athletic games or contests or other school |
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148 | 148 | | 2 functions. The term does not include a privately owned motor |
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149 | 149 | | 3 vehicle with a capacity of not more than five (5) passengers that is |
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150 | 150 | | 4 used for the purpose of transporting school children to and from |
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151 | 151 | | 5 school. |
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152 | 152 | | 6 (b) (c) "School bus", for purposes of IC 9-21, means a motor vehicle |
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153 | 153 | | 7 owned by a public or governmental agency and operated for the |
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154 | 154 | | 8 transportation of children to or from school, including project |
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155 | 155 | | 9 headstart, or privately owned and operated for compensation for the |
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156 | 156 | | 10 transportation of children to and from school, including project |
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157 | 157 | | 11 headstart. |
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158 | 158 | | 12 SECTION 4. IC 9-13-2-170.7, AS ADDED BY P.L.107-2006, |
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159 | 159 | | 13 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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160 | 160 | | 14 JULY 1, 2023]: Sec. 170.7. (a) "Special purpose bus" has the meaning |
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161 | 161 | | 15 set forth in IC 20-27-2-10. means, except as provided in subsection |
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162 | 162 | | 16 (b), a motor vehicle: |
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163 | 163 | | 17 (1) that is designed and constructed for the accommodation of |
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164 | 164 | | 18 more than ten (10) passengers; |
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165 | 165 | | 19 (2) that: |
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166 | 166 | | 20 (A) meets the federal school bus safety requirements under |
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167 | 167 | | 21 49 U.S.C. 30125, except the: |
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168 | 168 | | 22 (i) stop signal arm required under federal motor vehicle |
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169 | 169 | | 23 safety standard (FMVSS) no. 131; and |
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170 | 170 | | 24 (ii) flashing lamps required under federal motor vehicle |
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171 | 171 | | 25 safety standard (FMVSS) no. 108; |
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172 | 172 | | 26 (B) when owned by a school corporation, charter school, or |
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173 | 173 | | 27 accredited nonpublic school and used to transport |
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174 | 174 | | 28 students, complies with the Federal Motor Carrier Safety |
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175 | 175 | | 29 Regulations as prescribed by the United States Department |
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176 | 176 | | 30 of Transportation Federal Motor Carrier Safety |
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177 | 177 | | 31 Administration as set forth in 49 CFR Chapter III |
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178 | 178 | | 32 Subchapter B; or |
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179 | 179 | | 33 (C) when owned by a school corporation, charter school, or |
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180 | 180 | | 34 accredited nonpublic school and used to transport |
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181 | 181 | | 35 students, is a motor coach type bus with a capacity of at |
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182 | 182 | | 36 least thirty (30) passengers and a gross vehicle weight |
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183 | 183 | | 37 rating greater than twenty-six thousand (26,000) pounds; |
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184 | 184 | | 38 and |
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185 | 185 | | 39 (3) that is used by a school corporation, charter school, or |
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186 | 186 | | 40 accredited nonpublic school for transportation purposes |
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187 | 187 | | 41 appropriate under IC 20-27-9-5. |
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188 | 188 | | 42 (b) "Special purpose bus", for purposes of IC 9-19, means a |
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189 | 189 | | 2023 IN 1268—LS 6737/DI 143 5 |
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190 | 190 | | 1 motor vehicle: |
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191 | 191 | | 2 (1) that is designed and constructed for the accommodation of |
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192 | 192 | | 3 more than ten (10) passengers; |
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193 | 193 | | 4 (2) that: |
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194 | 194 | | 5 (A) meets the federal school bus safety requirements under |
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195 | 195 | | 6 49 U.S.C. 30125, except the: |
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196 | 196 | | 7 (i) stop signal arm required under federal motor vehicle |
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197 | 197 | | 8 safety standard (FMVSS) no. 131; and |
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198 | 198 | | 9 (ii) flashing lamps required under federal motor vehicle |
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199 | 199 | | 10 safety standard (FMVSS) no. 108; |
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200 | 200 | | 11 (B) when used to transport students, complies with the |
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201 | 201 | | 12 Federal Motor Carrier Safety Regulations as prescribed by |
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202 | 202 | | 13 the United States Department of Transportation Federal |
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203 | 203 | | 14 Motor Carrier Safety Administration as set forth in 49 |
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204 | 204 | | 15 CFR Chapter III Subchapter B; or |
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205 | 205 | | 16 (C) when used to transport students, is a motor coach type |
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206 | 206 | | 17 bus with a capacity of at least thirty (30) passengers and a |
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207 | 207 | | 18 gross vehicle weight rating greater than twenty-six |
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208 | 208 | | 19 thousand (26,000) pounds; and |
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209 | 209 | | 20 (3) that is used for transportation purposes by: |
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210 | 210 | | 21 (A) a school corporation; |
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211 | 211 | | 22 (B) a charter school; or |
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212 | 212 | | 23 (C) an accredited nonpublic school. |
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213 | 213 | | 24 SECTION 5. IC 9-19-10-1, AS AMENDED BY P.L.198-2016, |
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214 | 214 | | 25 SECTION 334, IS AMENDED TO READ AS FOLLOWS |
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215 | 215 | | 26 [EFFECTIVE JULY 1, 2023]: Sec. 1. This chapter does not apply to an |
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216 | 216 | | 27 occupant of a motor vehicle who meets any of the following conditions: |
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217 | 217 | | 28 (1) For medical reasons should not wear safety belts, provided the |
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218 | 218 | | 29 occupant has written documentation of the medical reasons from |
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219 | 219 | | 30 a physician. |
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220 | 220 | | 31 (2) Is a child required to be restrained by a child restraint system |
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221 | 221 | | 32 under IC 9-19-11 or a 3-point lap and shoulder safety belt |
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222 | 222 | | 33 under IC 9-19-13. |
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223 | 223 | | 34 (3) Is traveling in a commercial or a United States Postal Service |
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224 | 224 | | 35 vehicle that makes frequent stops for the purpose of pickup or |
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225 | 225 | | 36 delivery of goods or services. |
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226 | 226 | | 37 (4) Is a rural carrier of the United States Postal Service and is |
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227 | 227 | | 38 operating a vehicle while serving a rural postal route. |
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228 | 228 | | 39 (5) Is a newspaper motor route carrier or newspaper bundle hauler |
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229 | 229 | | 40 who stops to make deliveries from a vehicle. |
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230 | 230 | | 41 (6) Is a driver examiner designated and appointed by the bureau |
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231 | 231 | | 42 and is conducting an examination of an applicant for a permit or |
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232 | 232 | | 2023 IN 1268—LS 6737/DI 143 6 |
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233 | 233 | | 1 license under IC 9-24-10. |
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234 | 234 | | 2 (7) Is an occupant of a farm truck being used on a farm in |
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235 | 235 | | 3 connection with agricultural pursuits that are usual and normal to |
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236 | 236 | | 4 the farming operation. |
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237 | 237 | | 5 (8) Is an occupant of a motor vehicle participating in a parade. |
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238 | 238 | | 6 (9) Is an occupant of the living quarters area of a recreational |
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239 | 239 | | 7 vehicle. |
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240 | 240 | | 8 (10) Is an occupant of the treatment area of an ambulance (as |
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241 | 241 | | 9 defined in IC 16-18-2-13). |
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242 | 242 | | 10 (11) Is an occupant of the sleeping area of a tractor. |
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243 | 243 | | 11 (12) Is an occupant other than the operator of a vehicle described |
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244 | 244 | | 12 in IC 9-20-11-1(1). |
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245 | 245 | | 13 (13) Is an occupant other than the operator of a truck on a |
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246 | 246 | | 14 construction site. |
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247 | 247 | | 15 (14) Is a passenger other than the operator in a cab of a recovery |
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248 | 248 | | 16 vehicle who is being transported in the cab because the vehicle of |
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249 | 249 | | 17 the passenger is being towed by the recovery vehicle. |
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250 | 250 | | 18 (15) Is an occupant other than the operator of a motor vehicle |
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251 | 251 | | 19 being used by a public utility in an emergency as set forth in |
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252 | 252 | | 20 IC 9-20-6-5. |
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253 | 253 | | 21 SECTION 6. IC 9-19-13-5.5 IS ADDED TO THE INDIANA CODE |
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254 | 254 | | 22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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255 | 255 | | 23 1, 2023]: Sec. 5.5. (a) An occupant of a school bus or special |
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256 | 256 | | 24 purpose bus that has a 3-point lap and shoulder safety belt |
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257 | 257 | | 25 installed at each seating location shall have the 3-point lap and |
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258 | 258 | | 26 shoulder safety belt properly fastened about the occupant's body |
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259 | 259 | | 27 at all times when the bus is in motion. |
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260 | 260 | | 28 (b) A: |
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261 | 261 | | 29 (1) person operating a school bus or special purpose bus; and |
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262 | 262 | | 30 (2) school corporation, public school, charter school, or |
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263 | 263 | | 31 accredited nonpublic school; |
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264 | 264 | | 32 are immune from civil or criminal liability for the failure of an |
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265 | 265 | | 33 occupant of a school bus or special purpose bus to properly fasten |
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266 | 266 | | 34 a 3-point lap and shoulder safety belt as required under subsection |
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267 | 267 | | 35 (a). |
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268 | 268 | | 36 SECTION 7. IC 10-21-1-2, AS AMENDED BY P.L.139-2022, |
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269 | 269 | | 37 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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270 | 270 | | 38 JULY 1, 2023]: Sec. 2. (a) The Indiana secured school fund is |
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271 | 271 | | 39 established to provide: |
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272 | 272 | | 40 (1) matching grants to enable school corporations, charter |
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273 | 273 | | 41 schools, and accredited nonpublic schools to establish programs |
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274 | 274 | | 42 under which a school corporation, charter school, or accredited |
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275 | 275 | | 2023 IN 1268—LS 6737/DI 143 7 |
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276 | 276 | | 1 nonpublic school (or a coalition of schools) may: |
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277 | 277 | | 2 (A) employ a school resource officer, employ a law |
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278 | 278 | | 3 enforcement officer, or enter into a contract or a memorandum |
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279 | 279 | | 4 of understanding with a: |
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280 | 280 | | 5 (i) local law enforcement agency; |
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281 | 281 | | 6 (ii) private entity; or |
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282 | 282 | | 7 (iii) nonprofit corporation; |
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283 | 283 | | 8 to employ a school resource officer or a law enforcement |
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284 | 284 | | 9 officer; |
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285 | 285 | | 10 (B) conduct a threat assessment of the buildings within a |
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286 | 286 | | 11 school corporation or the buildings that are operated by a |
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287 | 287 | | 12 charter school or accredited nonpublic school; |
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288 | 288 | | 13 (C) purchase equipment and technology to: |
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289 | 289 | | 14 (i) restrict access to school property; or |
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290 | 290 | | 15 (ii) expedite notification of first responders; or |
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291 | 291 | | 16 (D) implement a student and parent support services plan as |
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292 | 292 | | 17 described in section 4(a)(6) of this chapter; and |
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293 | 293 | | 18 (E) purchase or equip school buses and special purpose |
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294 | 294 | | 19 buses with 3-point lap and shoulder safety belts or other |
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295 | 295 | | 20 safety equipment for buses that is proven to substantially |
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296 | 296 | | 21 improve school bus safety, as determined by the state |
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297 | 297 | | 22 school bus committee established by IC 20-27-3-1; and |
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298 | 298 | | 23 (2) one (1) time grants to enable school corporations, charter |
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299 | 299 | | 24 schools, and accredited nonpublic schools with the sheriff for the |
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300 | 300 | | 25 county in which the school corporation, charter school, or |
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301 | 301 | | 26 accredited nonpublic school is located, to provide the initial set up |
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302 | 302 | | 27 costs for an active event warning system. |
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303 | 303 | | 28 (b) A school corporation or charter school may use money received |
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304 | 304 | | 29 under a matching grant for a purpose listed in subsection (a) to provide |
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305 | 305 | | 30 a response to a threat in a manner that the school corporation or charter |
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306 | 306 | | 31 school sees fit, including firearms training or other self-defense |
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307 | 307 | | 32 training. |
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308 | 308 | | 33 (c) The fund shall be administered by the department of homeland |
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309 | 309 | | 34 security. |
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310 | 310 | | 35 (d) The fund consists of: |
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311 | 311 | | 36 (1) appropriations from the general assembly; |
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312 | 312 | | 37 (2) grants from the Indiana safe schools fund established by |
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313 | 313 | | 38 IC 5-2-10.1-2; |
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314 | 314 | | 39 (3) federal grants; and |
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315 | 315 | | 40 (4) amounts deposited from any other public or private source. |
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316 | 316 | | 41 (e) The expenses of administering the fund shall be paid from |
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317 | 317 | | 42 money in the fund. |
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318 | 318 | | 2023 IN 1268—LS 6737/DI 143 8 |
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319 | 319 | | 1 (f) The treasurer of state shall invest the money in the fund not |
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320 | 320 | | 2 currently needed to meet the obligations of the fund in the same |
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321 | 321 | | 3 manner as other public money may be invested. Interest that accrues |
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322 | 322 | | 4 from these investments shall be deposited in the fund. |
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323 | 323 | | 5 (g) Money in the fund at the end of a state fiscal year does not revert |
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324 | 324 | | 6 to the state general fund. |
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325 | 325 | | 7 SECTION 8. IC 10-21-1-4, AS AMENDED BY P.L.139-2022, |
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326 | 326 | | 8 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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327 | 327 | | 9 JULY 1, 2023]: Sec. 4. (a) The board may award a matching grant to |
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328 | 328 | | 10 enable a school corporation, charter school, or accredited nonpublic |
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329 | 329 | | 11 school (or a coalition of schools applying jointly) to: |
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330 | 330 | | 12 (1) establish a program to employ a school resource officer; |
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331 | 331 | | 13 (2) employ a law enforcement officer; |
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332 | 332 | | 14 (3) provide school resource officer training described in |
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333 | 333 | | 15 IC 20-26-18.2-1(c); |
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334 | 334 | | 16 (4) conduct a threat assessment; |
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335 | 335 | | 17 (5) purchase equipment to restrict access to the school or expedite |
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336 | 336 | | 18 the notification of first responders; or |
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337 | 337 | | 19 (6) implement a student and parent support services plan in the |
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338 | 338 | | 20 manner set forth in IC 20-34-9; or |
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339 | 339 | | 21 (7) purchase or equip school buses and special purpose buses |
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340 | 340 | | 22 with 3-point lap and shoulder safety belts or other safety |
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341 | 341 | | 23 equipment for buses that is proven to substantially improve |
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342 | 342 | | 24 school bus safety, as determined by the state school bus |
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343 | 343 | | 25 committee established by IC 20-27-3-1; |
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344 | 344 | | 26 in accordance with section 2(a) of this chapter. |
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345 | 345 | | 27 (b) A matching grant awarded to a school corporation, charter |
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346 | 346 | | 28 school, or accredited nonpublic school (or a coalition of schools |
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347 | 347 | | 29 applying jointly) may not exceed the lesser of the following during a |
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348 | 348 | | 30 two (2) year period beginning on or after May 1, 2013: |
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349 | 349 | | 31 (1) The total cost of the program established by the school |
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350 | 350 | | 32 corporation, charter school, or accredited nonpublic school (or the |
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351 | 351 | | 33 coalition of schools applying jointly). |
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352 | 352 | | 34 (2) Except as provided in subsection (d), the following amounts: |
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353 | 353 | | 35 (A) Thirty-five thousand dollars ($35,000) per year, in the case |
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354 | 354 | | 36 of a school corporation, charter school, or accredited |
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355 | 355 | | 37 nonpublic school that: |
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356 | 356 | | 38 (i) has an ADM of at least one (1) and less than one |
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357 | 357 | | 39 thousand one (1,001) students; and |
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358 | 358 | | 40 (ii) is not applying jointly with any other school corporation, |
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359 | 359 | | 41 charter school, or accredited nonpublic school. |
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360 | 360 | | 42 (B) Fifty thousand dollars ($50,000) per year, in the case of a |
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361 | 361 | | 2023 IN 1268—LS 6737/DI 143 9 |
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362 | 362 | | 1 school corporation, charter school, or accredited nonpublic |
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363 | 363 | | 2 school that: |
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364 | 364 | | 3 (i) has an ADM of more than one thousand (1,000) and less |
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365 | 365 | | 4 than five thousand one (5,001) students; and |
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366 | 366 | | 5 (ii) is not applying jointly with any other school corporation, |
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367 | 367 | | 6 charter school, or accredited nonpublic school. |
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368 | 368 | | 7 (C) Seventy-five thousand dollars ($75,000) per year, in the |
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369 | 369 | | 8 case of a school corporation, charter school, or accredited |
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370 | 370 | | 9 nonpublic school that: |
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371 | 371 | | 10 (i) has an ADM of more than five thousand (5,000) and less |
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372 | 372 | | 11 than fifteen thousand one (15,001) students; and |
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373 | 373 | | 12 (ii) is not applying jointly with any other school corporation, |
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374 | 374 | | 13 charter school, or accredited nonpublic school. |
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375 | 375 | | 14 (D) One hundred thousand dollars ($100,000) per year, in the |
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376 | 376 | | 15 case of a school corporation, charter school, or accredited |
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377 | 377 | | 16 nonpublic school that: |
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378 | 378 | | 17 (i) has an ADM of more than fifteen thousand (15,000); and |
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379 | 379 | | 18 (ii) is not applying jointly with any other school corporation, |
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380 | 380 | | 19 charter school, or accredited nonpublic school. |
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381 | 381 | | 20 (E) One hundred thousand dollars ($100,000) per year, in the |
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382 | 382 | | 21 case of a coalition of schools applying jointly. |
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383 | 383 | | 22 (c) Except as provided in subsection (d), the match requirement for |
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384 | 384 | | 23 a grant under this chapter is based on the ADM, as follows: |
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385 | 385 | | 24 (1) For a school corporation, charter school, or accredited |
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386 | 386 | | 25 nonpublic school with an ADM of less than five hundred one |
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387 | 387 | | 26 (501) students, the grant match must be twenty-five percent |
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388 | 388 | | 27 (25%) of the grant amount described in subsection (b). |
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389 | 389 | | 28 (2) For a school corporation, charter school, or accredited |
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390 | 390 | | 29 nonpublic school with an ADM of more than five hundred (500) |
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391 | 391 | | 30 and less than one thousand one (1,001) students, the grant match |
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392 | 392 | | 31 must be fifty percent (50%) of the grant amount described in |
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393 | 393 | | 32 subsection (b). |
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394 | 394 | | 33 (3) For a school corporation, charter school, or accredited |
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395 | 395 | | 34 nonpublic school with an ADM of more than one thousand |
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396 | 396 | | 35 (1,000) students or a coalition of schools applying jointly, the |
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397 | 397 | | 36 grant match must be one hundred percent (100%) of the grant |
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398 | 398 | | 37 amount described in subsection (b). |
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399 | 399 | | 38 (d) A school corporation, charter school, or accredited nonpublic |
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400 | 400 | | 39 school may be eligible to receive a grant of up to: |
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401 | 401 | | 40 (1) one hundred thousand dollars ($100,000) if: |
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402 | 402 | | 41 (A) the school corporation, charter school, or accredited |
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403 | 403 | | 42 nonpublic school receives a grant match of one hundred |
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404 | 404 | | 2023 IN 1268—LS 6737/DI 143 10 |
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405 | 405 | | 1 percent (100%) of the requested grant amount; and |
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406 | 406 | | 2 (B) the board approves the grant request; or |
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407 | 407 | | 3 (2) for a school corporation, charter school, or accredited |
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408 | 408 | | 4 nonpublic school described in subsection (c)(1) or (c)(2), a grant |
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409 | 409 | | 5 of up to fifty thousand dollars ($50,000) if: |
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410 | 410 | | 6 (A) the school corporation, charter school, or accredited |
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411 | 411 | | 7 nonpublic school receives a grant match of fifty percent (50%) |
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412 | 412 | | 8 of the requested grant amount; and |
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413 | 413 | | 9 (B) the board approves the grant request. |
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414 | 414 | | 10 (e) A school corporation, charter school, or accredited nonpublic |
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415 | 415 | | 11 school may receive only one (1) matching grant under this section each |
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416 | 416 | | 12 year. |
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417 | 417 | | 13 (f) The board may not award a grant to a school corporation, charter |
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418 | 418 | | 14 school, or accredited nonpublic school under this section unless the |
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419 | 419 | | 15 school corporation, charter school, or accredited nonpublic school is in |
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420 | 420 | | 16 a county that has a county school safety commission, as described in |
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421 | 421 | | 17 IC 5-2-10.1-10. |
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422 | 422 | | 18 SECTION 9. IC 20-27-4-10 IS ADDED TO THE INDIANA CODE |
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423 | 423 | | 19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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424 | 424 | | 20 1, 2023]: Sec. 10. (a) This section applies to the purchase of a new |
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425 | 425 | | 21 school bus or new special purpose bus by a school corporation, |
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426 | 426 | | 22 charter school, or accredited nonpublic school after June 30, 2023. |
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427 | 427 | | 23 (b) Whenever a school corporation, charter school, or |
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428 | 428 | | 24 accredited nonpublic school seeks to purchase a school bus or |
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429 | 429 | | 25 special purpose bus, the governing body, charter school, or |
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430 | 430 | | 26 accredited nonpublic school must request information concerning |
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431 | 431 | | 27 the cost of purchasing a school bus or special purpose bus equipped |
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432 | 432 | | 28 with 3-point lap and shoulder safety belts at each seating location. |
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433 | 433 | | 29 (c) After receiving the information under subsection (b), the |
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434 | 434 | | 30 governing body, charter school, or accredited nonpublic school |
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435 | 435 | | 31 shall hold a public meeting at which public testimony must be |
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436 | 436 | | 32 allowed to discuss the costs and benefits of purchasing a new school |
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437 | 437 | | 33 bus or special purpose bus with 3-point lap and shoulder safety |
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438 | 438 | | 34 belts. After holding a public meeting under this subsection, the |
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439 | 439 | | 35 governing body, charter school, or accredited nonpublic school |
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440 | 440 | | 36 shall decide by majority vote whether to purchase a school bus or |
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441 | 441 | | 37 special purpose bus that is equipped with 3-point lap and shoulder |
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442 | 442 | | 38 safety belts. |
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443 | 443 | | 39 (d) If a governing body, charter school, or accredited nonpublic |
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444 | 444 | | 40 school decides to purchase a school bus or special purpose bus that |
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445 | 445 | | 41 is equipped with 3-point lap and shoulder safety belts, the |
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446 | 446 | | 42 governing body, charter school, or accredited nonpublic school |
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447 | 447 | | 2023 IN 1268—LS 6737/DI 143 11 |
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448 | 448 | | 1 may apply for a grant under IC 5-2-10.1-6 or IC 10-21-1-4 to offset |
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449 | 449 | | 2 the additional cost of purchasing a school bus or special purpose |
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450 | 450 | | 3 bus equipped with 3-point lap and shoulder safety belts. |
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451 | 451 | | 4 SECTION 10. IC 34-30-2.1-91.5 IS ADDED TO THE INDIANA |
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452 | 452 | | 5 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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453 | 453 | | 6 [EFFECTIVE JULY 1, 2023]: Sec. 91.5. IC 9-19-13-5.5 (Concerning |
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454 | 454 | | 7 failure of an occupant on a school bus or special purpose bus to |
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455 | 455 | | 8 properly fasten a safety belt). |
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456 | 456 | | 2023 IN 1268—LS 6737/DI 143 |
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