IN
Indiana Senate Bill SB0404

Indiana 2023 Regular Session

Indiana Senate Bill SB0404 Compare Versions

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1+*ES0404.1*
2+March 16, 2023
3+ENGROSSED
4+SENATE BILL No. 404
5+_____
6+DIGEST OF SB 404 (Updated March 15, 2023 12:39 pm - DI 143)
7+Citations Affected: IC 21-49.
8+Synopsis: Access to transcripts. Provides that a state educational
9+institution or private postsecondary educational institution operated for
10+profit (institution) in Indiana may not: (1) refuse to provide a transcript
11+for a current or former student of the institution on the grounds that the
12+student owes a debt to the institution; (2) charge a higher fee for
13+obtaining a transcript or provide less favorable treatment of a request
14+for a transcript of a current or former student who owes a debt to the
15+institution; or (3) withhold from a current or former student's transcript
16+any degrees earned on the grounds that the student owes a debt to the
17+institution; if the student has paid certain amounts in the past year on
18+the debt owed. Provides that a current or former student may bring a
19+civil action against an institution for a violation of these provisions.
20+Effective: July 1, 2023.
21+Deery, Walker K, Buchanan,
22+Ford J.D., Qaddoura
23+(HOUSE SPONSOR — MCGUIRE)
24+January 19, 2023, read first time and referred to Committee on Education and Career
25+Development.
26+February 9, 2023, amended, reported favorably — Do Pass.
27+February 13, 2023, read second time, ordered engrossed. Engrossed.
28+February 14, 2023, read third time, passed. Yeas 47, nays 2.
29+HOUSE ACTION
30+February 28, 2023, read first time and referred to Committee on Education.
31+March 16, 2023, amended, reported — Do Pass.
32+ES 404—LS 6900/DI 110 March 16, 2023
133 First Regular Session of the 123rd General Assembly (2023)
234 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
335 Constitution) is being amended, the text of the existing provision will appear in this style type,
436 additions will appear in this style type, and deletions will appear in this style type.
537 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
638 provision adopted), the text of the new provision will appear in this style type. Also, the
739 word NEW will appear in that style type in the introductory clause of each SECTION that adds
840 a new provision to the Indiana Code or the Indiana Constitution.
941 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1042 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 404
12-AN ACT to amend the Indiana Code concerning higher education.
43+ENGROSSED
44+SENATE BILL No. 404
45+A BILL FOR AN ACT to amend the Indiana Code concerning
46+higher education.
1347 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 21-49-2 IS ADDED TO THE INDIANA CODE AS
15-A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
16-1, 2023]:
17-Chapter 2. Access to Transcripts
18-Sec. 1. (a) As used in this chapter, "debt" means any money,
19-obligation, claim, or sum due or owing or alleged to be due or
20-owing from a student.
21-(b) The term does not include the fee, if any, charged to all
22-students for the costs of providing a transcript or diploma.
23-Sec. 2. (a) As used in this chapter, "institution" means a:
48+1 SECTION 1. IC 21-49-2 IS ADDED TO THE INDIANA CODE AS
49+2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
50+3 1, 2023]:
51+4 Chapter 2. Access to Transcripts
52+5 Sec. 1. (a) As used in this chapter, "debt" means any money,
53+6 obligation, claim, or sum due or owing or alleged to be due or
54+7 owing from a student.
55+8 (b) The term does not include the fee, if any, charged to all
56+9 students for the costs of providing a transcript or diploma.
57+10 Sec. 2. (a) As used in this chapter, "institution" means a:
58+11 (1) state educational institution; or
59+12 (2) private postsecondary educational institution operated for
60+13 profit in Indiana.
61+14 (b) The term does not include a nonprofit private postsecondary
62+15 educational institution.
63+16 Sec. 3. (a) As used in this chapter, "transcript" means the
64+17 statement of an individual's academic record provided by an
65+ES 404—LS 6900/DI 110 2
66+1 institution.
67+2 (b) The term includes the following:
68+3 (1) Official transcripts or the certified statement of an
69+4 individual's academic record.
70+5 (2) Unofficial transcripts or the uncertified statement of an
71+6 individual's academic record.
72+7 Sec. 4. If a current or former student of an institution owes a
73+8 debt to the institution in an amount that is equal to or less than one
74+9 thousand dollars ($1,000), the institution may not:
75+10 (1) refuse to provide a transcript for a current or former
76+11 student of the institution on the grounds that the student owes
77+12 a debt to the institution;
78+13 (2) charge a higher fee for obtaining a transcript or provide
79+14 less favorable treatment of a request for a transcript of a
80+15 current or former student who owes a debt to the institution;
81+16 or
82+17 (3) withhold from a current or former student's transcript
83+18 any degrees earned on the grounds that the student owes a
84+19 debt to the institution;
85+20 if the student has paid to the institution in the past year at least one
86+21 hundred dollars ($100) or the total debt owed by the student,
87+22 whichever is less.
88+23 Sec. 5. If a current or former student of an institution owes a
89+24 debt to the institution in an amount that is more than one thousand
90+25 dollars ($1,000), the institution may not:
91+26 (1) refuse to provide a transcript for a current or former
92+27 student of the institution on the grounds that the student owes
93+28 a debt to the institution;
94+29 (2) charge a higher fee for obtaining a transcript or provide
95+30 less favorable treatment of a request for a transcript of a
96+31 current or former student who owes a debt to the institution;
97+32 or
98+33 (3) withhold from a current or former student's transcript
99+34 any degrees earned on the grounds that the student owes a
100+35 debt to the institution;
101+36 if the student has paid to the institution in the past year at least ten
102+37 percent (10%) of the total amount of the debt owed to the
103+38 institution or three hundred dollars ($300), whichever is less.
104+39 Sec. 6. (a) If an institution violates this chapter, a current or
105+40 former student who is:
106+41 (1) deprived of the student's transcript or diploma; or
107+42 (2) otherwise directly or indirectly injured;
108+ES 404—LS 6900/DI 110 3
109+1 as a result of the violation may bring a civil action against the
110+2 institution.
111+3 (b) The court may award to a student who prevails in an action
112+4 under this section any of the following:
113+5 (1) Injunctive relief.
114+6 (2) Costs and reasonable attorney's fees.
115+ES 404—LS 6900/DI 110 4
116+COMMITTEE REPORT
117+Madam President: The Senate Committee on Education and Career
118+Development, to which was referred Senate Bill No. 404, has had the
119+same under consideration and begs leave to report the same back to the
120+Senate with the recommendation that said bill be AMENDED as
121+follows:
122+Page 1, delete lines 10 through 11, begin a new paragraph and
123+insert:
124+"Sec. 2. (a) As used in this chapter, "institution" means a:
24125 (1) state educational institution; or
25126 (2) private postsecondary educational institution operated for
26127 profit in Indiana.
27128 (b) The term does not include a nonprofit private postsecondary
28-educational institution.
29-Sec. 3. (a) As used in this chapter, "transcript" means the
30-statement of an individual's academic record provided by an
31-institution.
32-(b) The term includes the following:
33-(1) Official transcripts or the certified statement of an
34-individual's academic record.
35-(2) Unofficial transcripts or the uncertified statement of an
36-SEA 404 — Concur 2
37-individual's academic record.
38-Sec. 4. If a current or former student of an institution owes a
129+educational institution.".
130+Page 2, delete lines 3 through 26, begin a new paragraph and insert:
131+"Sec. 4. If a current or former student of an institution owes a
39132 debt to the institution in an amount that is equal to or less than one
40133 thousand dollars ($1,000), the institution may not:
41134 (1) refuse to provide a transcript for a current or former
42135 student of the institution on the grounds that the student owes
43136 a debt to the institution;
44137 (2) charge a higher fee for obtaining a transcript or provide
45138 less favorable treatment of a request for a transcript of a
46139 current or former student who owes a debt to the institution;
47140 or
48141 (3) withhold from a current or former student's transcript
49142 any degrees earned on the grounds that the student owes a
50143 debt to the institution;
51144 if the student has paid to the institution in the past year at least one
52145 hundred dollars ($100) or the total debt owed by the student,
53146 whichever is less.
54147 Sec. 5. If a current or former student of an institution owes a
55148 debt to the institution in an amount that is more than one thousand
56149 dollars ($1,000), the institution may not:
57150 (1) refuse to provide a transcript for a current or former
58151 student of the institution on the grounds that the student owes
59152 a debt to the institution;
60153 (2) charge a higher fee for obtaining a transcript or provide
61154 less favorable treatment of a request for a transcript of a
62155 current or former student who owes a debt to the institution;
63156 or
64157 (3) withhold from a current or former student's transcript
158+ES 404—LS 6900/DI 110 5
65159 any degrees earned on the grounds that the student owes a
66160 debt to the institution;
67161 if the student has paid to the institution in the past year at least ten
68162 percent (10%) of the total amount of the debt owed to the
69-institution or three hundred dollars ($300), whichever is less.
70-Sec. 6. (a) If an institution violates this chapter, a current or
71-former student who is:
72-(1) deprived of the student's transcript or diploma; or
73-(2) otherwise directly or indirectly injured;
74-as a result of the violation may bring a civil action against the
75-institution.
76-(b) The court may award to a student who prevails in an action
77-under this section any of the following:
78-(1) Injunctive relief.
79-SEA 404 — Concur 3
80-(2) Costs and reasonable attorney's fees.
81-SEA 404 — Concur President of the Senate
82-President Pro Tempore
83-Speaker of the House of Representatives
84-Governor of the State of Indiana
85-Date: Time:
86-SEA 404 — Concur
163+institution or three hundred dollars ($300), whichever is less.".
164+Page 2, line 27, delete "5." and insert "6.".
165+and when so amended that said bill do pass.
166+(Reference is to SB 404 as introduced.)
167+RAATZ, Chairperson
168+Committee Vote: Yeas 13, Nays 0.
169+_____
170+COMMITTEE REPORT
171+Mr. Speaker: Your Committee on Education, to which was referred
172+Senate Bill 404, has had the same under consideration and begs leave
173+to report the same back to the House with the recommendation that said
174+bill be amended as follows:
175+Page 3, delete line 6.
176+Page 3, line 7, delete "(3)" and insert "(2)".
177+Page 3, delete line 8.
178+and when so amended that said bill do pass.
179+(Reference is to SB 404 as printed February 10, 2023.)
180+BEHNING
181+Committee Vote: yeas 11, nays 0.
182+ES 404—LS 6900/DI 110