IN
Indiana Senate Bill SB0004

Indiana 2024 Regular Session

Indiana Senate Bill SB0004 Compare Versions

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1+*ES0004.1*
2+February 22, 2024
3+ENGROSSED
4+SENATE BILL No. 4
5+_____
6+DIGEST OF SB 4 (Updated February 21, 2024 5:50 pm - DI 125)
7+Citations Affected: IC 2-5; IC 4-12; IC 4-22; IC 12-15; IC 13-14;
8+IC 16-21; IC 25-1.
9+Synopsis: Fiscal and administrative matters. Specifies that certain
10+workforce related programs must be reviewed by the legislative
11+services agency at least once rather than every five years. Requires the
12+budget agency to biennially prepare a list of dedicated funds that have
13+not been used in the previous two state fiscal years. Makes technical
14+(Continued next page)
15+Effective: Upon passage; July 1, 2024.
16+Garten, Mishler, Holdman,
17+Charbonneau, Brown L, Raatz,
18+Freeman, Busch, Baldwin, Glick,
19+Gaskill, Walker K, Koch, Carrasco,
20+Crane, Johnson T, Bassler, Buchanan,
21+Byrne, Doriot, Messmer
22+(HOUSE SPONSORS — THOMPSON, JORDAN, PIERCE K)
23+January 16, 2024, read first time and referred to Committee on Appropriations.
24+January 18, 2024, amended, reported favorably — Do Pass.
25+January 22, 2024, read second time, amended, ordered engrossed.
26+January 23, 2024, engrossed. Read third time, passed. Yeas 48, nays 0.
27+HOUSE ACTION
28+February 6, 2024, read first time and referred to Committee on Ways and Means.
29+February 22, 2024, amended, reported — Do Pass.
30+ES 4—LS 6953/DI 92 Digest Continued
31+corrections to various statutes concerning rulemaking. Requires
32+agencies to submit a copy of the notice of the first public comment
33+period and regulatory analysis to the small business ombudsman.
34+Provides that the legislative notice required for rule readoptions must
35+be submitted not later than January 1 of the year preceding the year in
36+which the rule expires. Provides that the publisher assigns a document
37+control number when the agency submits the legislative notice during
38+rule readoption instead of when the agency submits the notice of
39+proposed readoption. Provides that an agency may adopt interim rules
40+to implement a reduction, a full or partial waiver, or an elimination of
41+a fee, fine, or civil penalty included in an administrative rule. Requires
42+the budget agency to transfer money in the phase out trust fund on or
43+before June 30, 2024, to the Medicaid contingency and reserve
44+account. Expires the phase out trust fund on July 1, 2024, and makes
45+corresponding changes. Specifies certain deadlines within the statutes
46+governing an agency's failure to enact required licensure rules.
47+ES 4—LS 6953/DI 92ES 4—LS 6953/DI 92 February 22, 2024
148 Second Regular Session of the 123rd General Assembly (2024)
249 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
350 Constitution) is being amended, the text of the existing provision will appear in this style type,
451 additions will appear in this style type, and deletions will appear in this style type.
552 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
653 provision adopted), the text of the new provision will appear in this style type. Also, the
754 word NEW will appear in that style type in the introductory clause of each SECTION that adds
855 a new provision to the Indiana Code or the Indiana Constitution.
956 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1057 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 4
12-AN ACT to amend the Indiana Code concerning state offices and
13-administration.
58+ENGROSSED
59+SENATE BILL No. 4
60+A BILL FOR AN ACT to amend the Indiana Code concerning state
61+offices and administration.
1462 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 2-5-42.4-8, AS AMENDED BY THE TECHNICAL
16-CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
17-AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
18-PASSAGE]: Sec. 8. (a) The legislative services agency shall establish
19-and maintain a system for making available to the public information
20-about the amount and effectiveness of workforce related programs.
21-(b) The legislative services agency shall develop and publish on the
22-general assembly's Internet web site website a multiyear schedule that
23-lists all workforce related programs and indicates the year when the
24-report will be published for each workforce related program reviewed.
25-The legislative services agency may revise the schedule as long as the
26-legislative services agency provides for a systematic review, analysis,
27-and evaluation of all workforce related programs and that each
28-workforce related program is reviewed at least once. every five (5)
29-years.
30-SECTION 2. IC 3-6-4.1-14, AS AMENDED BY P.L.169-2015,
31-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32-JULY 1, 2024]: Sec. 14. (a) In addition to other duties prescribed by
33-law, the commission shall do the following:
34-(1) Administer Indiana election laws.
35-(2) Adopt rules under IC 4-22-2 to do the following:
36-SEA 4 — CC 1 2
37-(A) Govern the fair, legal, and orderly conduct of elections,
38-including the following:
39-(i) Emergency Rules described in section 16 of this chapter
40-to implement a court order requiring the commission, the
41-election division, or an election board or official to
42-administer an election in a manner not authorized by this
43-title.
44-(ii) Rules (including joint rules with other agencies when
45-necessary) to implement and administer NVRA.
46-(B) Carry out IC 3-9 (campaign finance).
47-(C) Govern the establishment of precincts under IC 3-11-1.5.
48-(D) Specify procedures and fees for the processing of an
49-application from a vendor for voting systems approval and
50-testing.
51-(3) Advise and exercise supervision over local election and
52-registration officers.
53-(b) This section does not divest a county election board of any
54-powers and duties imposed on the board in IC 3-6-5, except that if
55-there is a deadlock on a county election board, the county election
56-board shall submit the question to the commission for final
57-determination.
58-SECTION 3. IC 3-6-4.1-16 IS AMENDED TO READ AS
59-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 16. The commission,
60-by unanimous vote of the entire membership of the commission, may
61-adopt emergency rules under IC 4-22-2-37.1 IC 4-22-2 to implement
62-a court order requiring the commission, the election division, or an
63-election board or official to administer an election in a manner not
64-authorized by this title.
65-SECTION 4. IC 4-4-41-11, AS ADDED BY P.L.89-2021,
66-SECTION 11 AND P.L.158-2021, SECTION 2, IS AMENDED TO
67-READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. The
68-office shall adopt rules under IC 4-22-2 necessary for the
69-administration of this chapter. In adopting the rules required by this
70-section, the office may adopt emergency rules in the manner provided
71-by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency
72-rule adopted by the office under this section and in the manner
73-provided by IC 4-22-2-37.1 expires on the date on which a rule that
74-supersedes the emergency rule is adopted by the office under
75-IC 4-22-2-24 through IC 4-22-2-36.
76-SECTION 5. IC 4-12-1-15.5 IS AMENDED TO READ AS
77-FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15.5. (a) The
78-Medicaid contingency and reserve account is established within the
79-SEA 4 — CC 1 3
80-state general fund for the purpose of providing money for timely
81-payment of Medicaid claims, obligations, and liabilities. Money in the
82-account must be used to pay Medicaid claims, obligations, and
83-liabilities. The account shall be administered by the budget agency.
84-(b) Expenses of administering the account shall be paid from money
85-in the account. The account consists of the following:
86-(1) Appropriations to the account.
87-(2) Other Medicaid appropriations transferred to the account with
88-the approval of the governor and the budget agency.
89-(3) Money transferred to the account from the phase out trust
90-fund established by IC 12-15-44.5-7 (before its expiration).
91-(c) The treasurer of state shall invest the money in the account not
92-currently needed to meet the obligations of the account in the same
93-manner as other public money may be invested.
94-(d) Money in the account at the end of a state fiscal year does not
95-revert.
96-SECTION 6. IC 4-12-1-22 IS ADDED TO THE INDIANA CODE
97-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
98-UPON PASSAGE]: Sec. 22. (a) Except as provided in subsection (b),
99-as used in this section, "dedicated fund" means a fund established
100-separate from the state general fund for:
101-(1) the use of a particular state agency;
102-(2) the deposit of a particular state revenue source; or
103-(3) the purposes of a particular state purpose or a particular
104-state program.
105-(b) The term does not include any of the following:
106-(1) A fund established for the purpose of administering a
107-federal program or a fund established for the deposit of
108-money received from the federal government.
109-(2) The public deposit insurance fund maintained by the
110-board for depositories under IC 5-13.
111-(3) A trust fund.
112-(4) A fund that is subject to a statutorily required minimum
113-balance.
114-(c) Before October 1 of each even-numbered year, the budget
115-agency shall prepare a list of dedicated funds from which no
116-expenditures were made in the previous two (2) state fiscal years.
117-The list must include the following information for each dedicated
118-fund:
119-(1) The name of the fund.
120-(2) The legal fund balance on June 30 of the previous state
121-fiscal year.
122-SEA 4 — CC 1 4
123-(3) Citation of the statute or other authority for establishing
124-the fund.
125-(d) Before October 1 of each even-numbered year, the budget
126-agency shall:
127-(1) make any appropriate recommendations concerning the
128-listed dedicated funds; and
129-(2) submit the list prepared under subsection (c) and any
130-recommendations made under subdivision (1) in an electronic
131-format under IC 5-14-6 to the legislative council and to the
132-budget committee.
133-(e) If the list required by this section is not submitted by
134-October 1 of an even-numbered year, the budget committee may
135-request that the budget agency appear at a public meeting
136-concerning the list.
137-(f) Notwithstanding any other law, any remaining balance in a
138-dedicated fund identified on the list submitted under subsection (d)
139-reverts to the state general fund at the end of the state fiscal year
140-in which the list is submitted.
141-SECTION 7. IC 4-15-10.5-10, AS ADDED BY P.L.205-2019,
142-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
143-JULY 1, 2024]: Sec. 10. The director shall do the following:
144-(1) Hire or contract with administrative law judges and other
145-employees as necessary to carry out the purposes of this chapter.
146-(2) Assign administrative law judges from the office to preside
147-over administrative proceedings.
148-(3) Adopt rules under IC 4-22-2 establishing a code of judicial
149-conduct for administrative law judges. The code of judicial
150-conduct for administrative law judges applies to each person
151-acting as an administrative law judge for the office. The director
152-may adopt emergency rules in the manner provided under
153-IC 4-22-2-37.1 to implement a code of judicial conduct for
154-administrative law judges.
155-(4) Receive complaints alleging violations of the code of judicial
156-conduct for administrative law judges, investigate the complaints,
157-and take administrative or disciplinary action as deemed
158-appropriate and warranted.
159-(5) Establish and administer a program to train and educate
160-administrative law judges.
161-(6) Require all administrative law judges for the office to annually
162-complete a number of hours of training and education determined
163-by the director.
164-(7) Provide and coordinate education for administrative law
165-SEA 4 — CC 1 5
166-judges on the code of judicial conduct for administrative law
167-judges, professionalism, administrative practices, and other
168-subjects necessary to carry out the purposes of this chapter.
169-(8) Render advisory opinions to administrative law judges
170-concerning the code of judicial conduct for administrative law
171-judges. Information and advice contained in an advisory opinion
172-are considered:
173-(A) specific to the person who requests the opinion and to the
174-facts presented; and
175-(B) confidential records under IC 5-14-3-4(b)(6).
176-(9) Consult with agency heads on hiring and performance
177-evaluations of administrative law judges for the agencies of the
178-agency heads.
179-SECTION 8. IC 4-22-2-3, AS AMENDED BY P.L.249-2023,
180-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
181-JULY 1, 2024]: Sec. 3. (a) "Agency" means any officer, board,
182-commission, department, division, bureau, committee, or other
183-governmental entity exercising any of the executive (including the
184-administrative) powers of state government. The term does not include
185-the judicial or legislative departments of state government or a political
186-subdivision as defined in IC 36-1-2-13.
187-(b) "Rule" means the whole or any part of an agency statement of
188-general applicability that:
189-(1) has or is designed to have the effect of law; and
190-(2) implements, interprets, or prescribes:
191-(A) law or policy; or
192-(B) the organization, procedure, or practice requirements of an
193-agency.
194-The term includes a fee, a fine, a civil penalty, a financial benefit
195-limitation, or another payment amount set by an agency that otherwise
196-qualifies as a rule.
197-(c) "Rulemaking action" means the process of formulating or
198-adopting a rule. The term does not include an agency action.
199-(d) "Agency action" has the meaning set forth in IC 4-21.5-1-4.
200-(e) "Person" means an individual, corporation, limited liability
201-company, partnership, unincorporated association, or governmental
202-entity.
203-(f) "Publisher" refers to the publisher of the Indiana Register and
204-Indiana Administrative Code, which is the legislative council, or the
205-legislative services agency operating under the direction of the council.
206-(g) "Unit" means a county, city, town, township, local health
207-department, or school corporation.
208-SEA 4 — CC 1 6
209-(g) (h) The definitions in this section apply throughout this article.
210-SECTION 9. IC 4-22-2-15, AS AMENDED BY P.L.249-2023,
211-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
212-JULY 1, 2024]: Sec. 15. Any rulemaking action that this chapter allows
213-or requires an agency to perform, other than final adoption of a rule
214-under section 29, 37.1, or 37.2 of this chapter or IC 13-14-9, may be
215-performed by the individual or group of individuals with the statutory
216-authority to adopt rules for the agency, a member of the agency's staff,
217-or another agent of the agency. Final adoption of a rule under section
218-29, 37.1, or 37.2 of this chapter or IC 13-14-9, including readoption of
219-a rule that is subject to sections 24 23 through 36 or to section 37.1 of
220-this chapter and recalled for further consideration under section 40 of
221-this chapter, may be performed only by the individual or group of
222-individuals with the statutory authority to adopt rules for the agency.
223-SECTION 10. IC 4-22-2-22.7, AS ADDED BY P.L.249-2023,
224-SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
225-JULY 1, 2024]: Sec. 22.7. (a) Before complying with section 22.8,
226-37.1, or 37.2 of this chapter, an agency shall conduct a regulatory
227-analysis for the proposed rule that complies with the requirements of
228-this section.
229-(b) The office of management and budget shall set standards for the
230-criteria, analytical method, treatment technology, economic, fiscal, and
231-other background data to be used by an agency in the regulatory
232-analysis. The regulatory analysis must be submitted in a form that can
233-be easily loaded into commonly used business analysis software and
234-published in the Indiana Register using the format jointly developed by
235-the publisher, the office of management and budget, and the budget
236-agency. The office of management and budget may provide more
237-stringent requirements for rules with fiscal impacts and costs above a
238-threshold amount determined by the office of management and budget.
239-(c) At a minimum, the regulatory analysis must include findings and
240-any supporting data, studies, or analyses prepared for a rule that
241-demonstrate compliance with the following:
242-(1) The cost benefit requirements in IC 4-3-22-13.
243-(2) Each of the standards in section 19.5 of this chapter.
244-(3) If applicable, the requirements for fees, fines, and civil
245-penalties in section 19.6 of this chapter.
246-(4) The annual economic impact on small businesses statement
247-required under IC 4-22-2.1-5.
248-(5) If applicable, the information required under IC 13-14-9-4.
249-(6) A determination whether the combined implementation
250-and compliance costs of a proposed rule are at least one
251-SEA 4 — CC 1 7
252-million dollars ($1,000,000) for businesses, units, and
253-individuals over any two (2) year period.
254-(6) (7) Any requirement under any other law to conduct an
255-analysis of the cost, benefits, economic impact, or fiscal impact
256-of a rule, if applicable.
257-(d) The regulatory analysis must include a statement justifying any
258-requirement or cost that is:
259-(1) imposed on a regulated entity under the rule; and
260-(2) not expressly required by:
261-(A) the statute authorizing the agency to adopt the rule; or
262-(B) any other state or federal law.
263-The statement required under this subsection must include a reference
264-to any data, studies, or analyses relied upon by the agency in
265-determining that the imposition of the requirement or cost is necessary.
266-(e) Except as provided in subsection (f), if the implementation
267-and compliance costs of a proposed rule are expected to exceed the
268-threshold set forth in subsection (c)(6), the publisher may not
269-publish the proposed rule until the budget committee has reviewed
270-the rule.
271-(f) Subsection (e) does not apply to a proposed rule if the
272-proposed rule is:
273-(1) a provisional rule that was issued as the result of the
274-governor declaring an emergency under IC 10-14-3 and is
275-only valid during the emergency;
276-(2) a provisional or interim rule that complies only with the
277-requirements of a:
278-(A) federal law;
279-(B) federal regulation; or
280-(C) federal grant or loan program; or
281-(3) an interim rule that incorporates a new or updated:
282-(A) building;
283-(B) equipment;
284-(C) firefighting;
285-(D) safety; or
286-(E) professional;
287-code.
288-(e) (g) If an agency has made a good faith effort to comply with this
289-section, a rule is not invalid solely because the regulatory analysis for
290-the proposed rule is insufficient or inaccurate.
291-SECTION 11. IC 4-22-2-22.8, AS ADDED BY P.L.249-2023,
292-SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
293-JULY 1, 2024]: Sec. 22.8. (a) After conducting a regulatory analysis
294-SEA 4 — CC 1 8
295-under section 22.7 of this chapter, if an agency elects to adopt a rule
296-subject to section 23 of this chapter or IC 13-14-9, the agency shall
297-submit a request to the budget agency and the office of management
298-and budget to authorize commencement of the public comment periods
299-under this chapter or IC 13-14-9 (as applicable). The request must
300-include the following:
301-(1) A general description of the subject matter of the proposed
302-rule.
303-(2) The full text of the proposed rule (including a copy of any
304-matter incorporated by reference under section 21 of this chapter)
305-in the form required by the publisher, including citations to any
306-related authorizing and affected Indiana statutes.
307-(3) The regulatory analysis, including supporting data, prepared
308-under section 22.7 of this chapter.
309-(4) Any other information required by the office of management
310-and budget.
311-(b) The budget agency and the office of management and budget
312-shall expedite the review of the request to adopt a rule. The budget
313-agency and the office of management and budget may do the following:
314-(1) Return the request to the agency with a statement describing
315-any additional information needed to authorize or disapprove
316-further rulemaking actions on one (1) or more of the rules in the
317-request.
318-(2) Authorize the commencement of the public comment periods
319-on one (1) or more of the rules in the request with or without
320-changes.
321-(3) Disapprove commencement of the public comment periods on
322-one (1) or more of the rules with a statement of reasons for the
323-disapproval.
324-(c) If an agency has requested authorization for more than one (1)
325-rule in the same request, the budget agency and the office of
326-management and budget may make separate determinations with
327-respect to some or all of the rules in the request. Approval of a request
328-shall be treated as a determination that the review conducted and
329-findings made by the agency comply with the requirements of section
330-22.7 of this chapter and this section. The budget agency and the office
331-of management and budget may not approve any part of a proposed
332-rule that adds or amends language to increase or expand application of
333-a fee, fine, or civil penalty or a schedule of fees, fines, or civil penalties
334-before submitting the proposed rule to the budget committee for
335-review.
336-(d) If the implementation and compliance costs of a proposed
337-SEA 4 — CC 1 9
338-rule are expected to exceed the threshold set forth in section
339-22.7(c)(6) of this chapter, the office of management and budget
340-shall submit the rule to the legislative council, in an electronic
341-format under IC 5-14-6, within thirty (30) days of completing the
342-review of the regulatory analysis. The chairperson of legislative
343-council shall inform members of the budget committee of a rule
344-submitted under this subsection. The budget agency and the office
345-of management and budget may not approve any part of a
346-proposed rule covered by this subsection prior to review of the
347-proposed rule by the budget committee.
348-(d) (e) Notice of the determination shall be provided to the agency
349-in an electronic format required by the publisher. The budget agency
350-and the office of management and budget may return to the agency any
351-copy of a matter incorporated by reference under section 21 of this
352-chapter that was submitted with the request.
353-(e) (f) If an agency revises a proposed rule after the budget agency
354-and the office of management and budget authorize commencement of
355-the public comment periods, the agency must obtain a new notice of
356-determination under subsection (d). (e). The agency shall resubmit to
357-the budget agency and the office of management and budget the revised
358-proposed rule and a revised regulatory analysis with sufficient
359-information for the budget agency and the office of management and
360-budget to determine the impact the revisions have on the regulatory
361-analysis previously reviewed by the budget agency and the office of
362-management and budget. After obtaining a new notice of
363-determination, the agency shall submit to the publisher the new notice
364-of determination, the revised proposed rule, and the revised regulatory
365-analysis.
366-SECTION 12. IC 4-22-2-23, AS AMENDED BY P.L.249-2023,
367-SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
368-JULY 1, 2024]: Sec. 23. (a) An agency shall provide notice in the
369-Indiana Register of the first public comment period required by this
370-section. To publish notice of the first public comment period in the
371-Indiana Register, the agency must submit the following to the
372-publisher:
373-(1) A statement of the date, time, and place at which the hearing
374-required by section 26 of this chapter will be convened, including
375-information for how to attend the public hearing remotely.
376-(2) The full text of the agency's proposed rule in the form required
377-by section 20 of this chapter and the documents required by
378-section 21 of this chapter.
379-(3) The latest version of the regulatory analysis submitted to the
380-SEA 4 — CC 1 10
381-budget agency and the office of management and budget under
382-section 22.8 of this chapter.
383-(4) The determination of the budget agency and the office of
384-management and budget authorizing commencement of the public
385-comment periods.
386-(5) If the proposed rule adds or amends language to increase or
387-expand application of a fee, fine, or civil penalty or a schedule of
388-fees, fines, or civil penalties, the agenda of the budget committee
389-meeting at which the rule was scheduled for review.
390-(6) If the proposed rule is expected to exceed the threshold set
391-forth in section 22.7(c)(6) of this chapter, the agenda of the
392-budget committee meeting at which the rule was scheduled for
393-review.
394-(6) (7) The notice required under subsection (b).
395-(b) The notice of the first public comment period must include the
396-following:
397-(1) A general description of the subject matter of the proposed
398-rule.
399-(2) An overview of the intent and scope of the proposed rule and
400-the statutory authority for the rule.
401-(3) The latest version of the regulatory analysis submitted to the
402-budget agency and the office of management and budget under
403-section 22.8 of this chapter, excluding any appendices containing
404-any data, studies, or analyses referenced in the regulatory
405-analysis.
406-(4) Information concerning where, when, and how a person may
407-submit written comments on the proposed rule, including contact
408-information concerning the small business regulatory coordinator
409-required by section 28.1 of this chapter.
410-(5) Information concerning where, when, and how a person may
411-inspect and copy the regulatory analysis, and any data, studies, or
412-analyses referenced under subdivision (3).
413-(6) Information concerning where, when, and how a person may
414-inspect any documents incorporated by reference into the
415-proposed rule under section 21 of this chapter.
416-(7) An indication that, if the agency does not receive any
417-substantive comments during the public comment period or
418-public hearing, the agency may adopt a rule that is the same as or
419-does not substantially differ from the text of the proposed rule
420-published under this section.
421-Inadequacy or insufficiency of the published description or regulatory
422-analysis in a notice published under this section does not invalidate a
423-SEA 4 — CC 1 11
424-rulemaking action.
425-(c) Although the agency may comply with the publication
426-requirements of this section on different days, the agency must comply
427-with all of the publication requirements of this section at least thirty
428-(30) days before the public hearing required by section 26 of this
429-chapter is convened.
430-(d) The publisher shall review materials submitted under this
431-section and determine the date that the publisher intends to publish the
432-text of the proposed rule and the notice in the Indiana Register. If the
433-submitted material complies with this section, the publisher shall
434-establish the intended publication date, assign a document control
435-number to the proposed rule, and provide a written or an electronic
436-mail authorization to proceed to the agency. The publisher shall publish
437-the following in the Indiana Register on the intended publication date:
438-(1) The notice of the first public comment period, including any
439-information required under IC 13-14-9-4 (if applicable).
440-(2) The full text of the agency's proposed rule (excluding the full
441-text of a matter incorporated by reference under section 21 of this
442-chapter).
443-SECTION 13. IC 4-22-2-28, AS AMENDED BY THE
444-TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
445-ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
446-JULY 1, 2024]: Sec. 28. (a) The following definitions apply throughout
447-As used in this section,
448-(1) "ombudsman" refers to the small business ombudsman
449-designated under IC 5-28-17-6.
450-(2) "Total estimated economic impact" means the direct annual
451-economic impact of a rule on all regulated persons after the rule
452-is fully implemented under subsection (g).
453-(b) The ombudsman:
454-(1) shall review a proposed rule that imposes requirements or
455-costs on small businesses (as defined in IC 4-22-2.1-4); and
456-(2) may review a proposed rule that imposes requirements or
457-costs on businesses other than small businesses (as defined in
458-IC 4-22-2.1-4).
459-After conducting a review under subdivision (1) or (2), the ombudsman
460-may suggest alternatives to reduce any regulatory burden that the
461-proposed rule imposes on small businesses or other businesses. The
462-agency that intends to adopt the proposed rule shall respond in writing
463-to the ombudsman concerning the ombudsman's comments or
464-suggested alternatives before adopting the proposed rule under section
465-29 of this chapter.
466-SEA 4 — CC 1 12
467-SECTION 14. IC 4-22-2-31, AS AMENDED BY P.L.249-2023,
468-SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
469-JULY 1, 2024]: Sec. 31. After an agency has complied with section 29
470-of this chapter, or adopted the rule in conformity with IC 13-14-9, as
471-applicable, the agency shall submit its rule to the attorney general for
472-approval. The agency shall submit the following to the attorney
473-general:
474-(1) The rule in the form required by section 20 of this chapter.
475-(2) The documents required by section 21 of this chapter.
476-(3) A written or an electronic mail authorization to proceed
477-issued by the publisher under sections 23 and 24 of this chapter
478-or IC 13-14-9-4, IC 13-14-9-5, or IC 13-14-9-14, as applicable.
479-(4) Any other documents specified by the attorney general.
480-The attorney general may require the agency to submit any supporting
481-documentation that the attorney general considers necessary for the
482-attorney general's review under section 32 of this chapter. The agency
483-may submit any additional supporting documentation the agency
484-considers necessary.
485-SECTION 15. IC 4-22-2-37.1, AS AMENDED BY P.L.249-2023,
486-SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
487-JULY 1, 2024]: Sec. 37.1. (a) The following do not apply to a rule
488-adopted under this section:
489-(1) Sections 23 through 27 of this chapter or IC 13-14-9 (as
490-applicable).
491-(2) Sections 28 through 36 of this chapter.
492-The amendments to this section made in the 2023 regular session of the
493-general assembly apply to provisional rules that are accepted for filing
494-by the publisher of the Indiana Register after June 30, 2023, regardless
495-of whether the adopting agency initiated official action to adopt the rule
496-by the name of emergency rule or provisional rule before July 1, 2023.
497-An action taken before July 1, 2023, in conformity with this section (as
498-effective after June 30, 2023) is validated to the same extent as if the
499-action was taken after June 30, 2023.
500-(b) An agency may adopt a rule on a subject for which the agency
501-has rulemaking authority using the procedures in this section if the
502-governor finds that the agency proposing to adopt the rule has
503-demonstrated to the satisfaction of the governor that use of provisional
504-rulemaking procedures under this section is necessary to avoid:
505-(1) an imminent and a substantial peril to public health, safety, or
506-welfare;
507-(2) an imminent and a material loss of federal funds for an agency
508-program;
509-SEA 4 — CC 1 13
510-(3) an imminent and a material deficit;
511-(4) an imminent and a substantial violation of a state or federal
512-law or the terms of a federal agreement or program;
513-(5) injury to the business or interests of the people or any public
514-utility of Indiana as determined under IC 8-1-2-113;
515-(6) an imminent and a substantial peril to:
516-(A) wildlife; or
517-(B) domestic animal;
518-health, safety, or welfare; or
519-(7) the spread of invasive species, pests, or diseases affecting
520-plants.
521-To obtain a determination from the governor, an agency must submit
522-to the governor the text of the proposed provisional rule, the
523-regulatory analysis required under section 22.7 of this chapter, a
524-statement justifying the need for provisional rulemaking procedures,
525-and any additional information required by the governor in the form
526-and in the manner required by the governor.
527-(c) The governor may not approve provisional rulemaking for any
528-part of a proposed provisional rule that:
529-(1) adds or amends language to increase or expand application of
530-a fee, fine, or civil penalty or a schedule of fees, fines, or civil
531-penalties; before submitting the proposal to the budget committee
532-for review. or
533-(2) is expected to exceed the threshold set forth in section
534-22.7(c)(6) of this chapter;
535-prior to the budget committee's review of the proposed provisional
536-rule. A notice of determination by the governor shall include findings
537-that explain the basis for the determination. The notice of
538-determination shall be provided to the agency in an electronic format.
539-Approval of a request shall be treated as a determination that the rule
540-meets the criteria in subsection (b) and this subsection.
541-(c) (d) After the governor approves provisional rulemaking
542-procedures for a rule but before the agency adopts the provisional rule,
543-the agency shall obtain a document control number from the publisher.
544-The publisher shall determine the documents and the format of the
545-documents that must be submitted to the publisher to obtain a
546-document control number. The agency must submit at least the
547-following:
548-(1) The full text of the proposed provisional rule in the form
549-required by section 20 of this chapter.
550-(2) The regulatory analysis submitted to the governor under
551-subsection (b).
552-SEA 4 — CC 1 14
553-(2) (3) A statement justifying the need for provisional rulemaking.
554-(3) (4) The approval of the governor to use provisional
555-rulemaking procedures required by law.
556-(4) (5) The documents required by section 21 of this chapter.
557-(6) If the proposed provisional rule adds or amends language
558-to increase or expand the application of a fee, fine, or civil
559-penalty, or a schedule of fees, fines, or civil penalties, the
560-agenda of the budget committee meeting at which the rule was
561-scheduled for review.
562-(7) If the proposed provisional rule is expected to exceed the
563-threshold set forth in section 22.7(c)(6) of this chapter, the
564-agenda of the budget committee meeting at which the rule was
565-scheduled for review.
566-An agency may not adopt a proposed provisional rule until after the
567-publisher notifies the agency that the publisher has complied with
568-subsection (d). (e). At least ten (10) regular business days must elapse
569-after the publisher has complied with subsection (d) (e) before the
570-department of natural resources, the natural resources commission, the
571-department of environmental management, or a board that has
572-rulemaking authority under IC 13 adopts a provisional rule.
573-(d) (e) Upon receipt of documents described in subsection (c), (d),
574-the publisher shall distribute the full text of the proposed provisional
575-rule to legislators and legislative committees in the manner and the
576-form specified by the legislative council or the personnel subcommittee
577-of the legislative council acting for the legislative council. After
578-distribution has occurred, the publisher shall notify the agency of the
579-date that distribution under this subsection has occurred.
580-(e) (f) After the document control number has been assigned and the
581-agency adopts the provisional rule, the agency shall submit the
582-following to the publisher for filing:
583-(1) The text of the adopted provisional rule. The agency shall
584-submit the provisional rule in the form required by section 20 of
585-this chapter.
586-(2) A signature page that indicates that the agency has adopted the
587-provisional rule in conformity with all procedures required by
588-law.
589-(3) If the provisional rule adds or amends language to increase or
590-expand application of a fee, fine, or civil penalty or a schedule of
591-fees, fines, or civil penalties, the agenda of the budget committee
592-meeting at which the rule was scheduled for review.
593-(4) (3) The documents required by section 21 of this chapter.
594-The publisher shall determine the format of the provisional rule and
595-SEA 4 — CC 1 15
596-other documents to be submitted under this subsection. The substantive
597-text of the adopted provisional rule must be substantially similar to the
598-text of the proposed provisional rule submitted to the governor. A
599-provisional rule may suspend but not repeal a rule approved by the
600-governor under section 34 of this chapter.
601-(f) (g) Subject to subsections (c) (d) and (e) (f) and section 39 of
602-this chapter, the publisher shall:
603-(1) accept the provisional rule for filing;
604-(2) electronically record the date and time that the provisional
605-rule is accepted; and
606-(3) publish the text of the:
607-(A) adopted provisional rule;
608-(B) regulatory analysis (excluding appendices containing
609-data, studies, or analyses referenced in the regulatory
610-analysis); and the
611-(C) governor's approval in the Indiana Register.
612-(g) (h) A provisional rule adopted by an agency under this section
613-takes effect on the latest of the following dates:
614-(1) The effective date of the statute delegating authority to the
615-agency to adopt the provisional rule.
616-(2) The date and time that the provisional rule is accepted for
617-filing under subsection (f). (g).
618-(3) The effective date stated by the adopting agency in the
619-provisional rule.
620-(4) The date of compliance with every requirement established by
621-law as a prerequisite to the adoption or effectiveness of the
622-provisional rule.
623-(5) The statutory effective date for a provisional rule set forth in
624-law.
625-(h) (i) An agency may amend a provisional rule with another
626-provisional rule by following the procedures in this section for the
627-amended provisional rule. However, unless otherwise provided by
628-IC 4-22-2.3, a provisional rule and all amendments of a provisional rule
629-by another provisional rule expire not later than one hundred eighty
630-(180) days after the initial provisional rule is accepted for filing under
631-subsection (f). (g). Unless otherwise provided by IC 4-22-2.3-2, the
632-subject of the provisional rule, including all amendments to the
633-provisional rule, may not be subsequently extended under this section
634-or section 37.2 of this chapter. If the governor determines that the
635-circumstance that is the basis for using the procedures under this
636-section ceases to exist, the governor may terminate the provisional rule
637-before the lapse of one hundred eighty (180) days. The termination is
638-SEA 4 — CC 1 16
639-effective when filed with the publisher. The publisher shall publish the
640-termination notice in the Indiana Register.
641-(i) (j) Subject to subsection (j), (k), the attorney general or the
642-governor may file an objection to a provisional rule that is adopted
643-under this section not later than forty-five (45) days after the date that
644-a provisional rule or amendment to a provisional rule is accepted for
645-filing under subsection (f). (g). The objection must cite the document
646-control number for the affected provisional rule and state the basis for
647-the objection. When filed with the publisher, the objection has the
648-effect of invalidating the provisional rule or amendment to a
649-provisional rule. The publisher shall publish the objection in the
650-Indiana Register.
651-(j) (k) The attorney general may file a written objection to a
652-provisional rule under subsection (i) (j) only if the attorney general
653-determines that the provisional rule has been adopted:
654-(1) without statutory authority; or
655-(2) without complying with this section.
656-A notice of objection to a provisional rule by the attorney general must
657-include findings that explain the basis for the determination. The notice
658-of objection shall be provided to the agency in an electronic format.
659-SECTION 16. IC 4-22-2-37.2, AS ADDED BY P.L.249-2023,
660-SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
661-JULY 1, 2024]: Sec. 37.2. (a) The following do not apply to a rule
662-adopted under this section:
663-(1) Sections 23 through 27 of this chapter or IC 13-14-9 (as
664-applicable).
665-(2) Sections 28 through 36 of this chapter.
666-This section as added by the 2023 regular session of the general
667-assembly applies to interim rules that are accepted for filing by the
668-publisher of the Indiana Register after June 30, 2023, regardless of
669-whether the adopting agency initiated official action to adopt the
670-interim rule before July 1, 2023. An action taken before July 1, 2023,
671-in conformity with this section (as effective after June 30, 2023) is
672-validated to the same extent as if the action was taken after June 30,
673-2023.
674-(b) An agency may only adopt a rule on a subject for which the
675-agency has rulemaking authority using the procedures in this section if
676-the governor finds that the agency proposing to adopt the rule has
677-demonstrated to the satisfaction of the governor that use of interim
678-rulemaking procedures under this section is necessary to implement:
679-(1) a new state or federal law or program, rule of another state
680-agency, federal regulation, or federal grant or loan agreement, or
681-SEA 4 — CC 1 17
682-(if used by the agency to carry out the agency's responsibilities)
683-a building, an equipment, a firefighting, a safety, or a professional
684-code adopted by a nationally recognized organization;
685-(2) a change in a state or federal law or program, rule of another
686-state agency, federal regulation, federal grant or loan agreement,
687-or (if used by the agency to carry out the agency's responsibilities)
688-a building, an equipment, a firefighting, a safety, or a professional
689-code adopted by a nationally recognized organization; or
690-(3) a category of rule authorized under IC 4-22-2.3 to be adopted
691-as an interim rule;
692-before the time that a final rule approved by the governor under section
693-34 of this chapter could reasonably take effect.
694-(c) To obtain a determination from the governor, an agency must
695-submit to the governor the text of the proposed interim rule, a statement
696-justifying the need for interim rulemaking procedures, and any
697-additional information required by the governor in the form and in the
698-manner required by the governor. The governor may not approve
699-interim rulemaking for any part of a proposed interim rule that:
700-(1) adds or amends language to increase or expand application of
701-a fee, fine, or civil penalty or a schedule of fees, fines, or civil
702-penalties; or
703-(2) is expected to exceed the threshold set forth in section
704-22.7(c)(6) of this chapter;
705-before submitting the proposal prior to the budget committee
706-committee's for review of the proposed interim rule. A notice of
707-determination by the governor shall include findings that explain the
708-basis for the determination. The notice of determination shall be
709-provided to the agency in an electronic format. Approval of a request
710-shall be treated as a determination that the rule meets the criteria in this
711-subsection.
712-(d) To publish a notice of interim rulemaking in the Indiana
713-Register, the agency must submit the following to the publisher:
714-(1) The full text of the agency's proposed interim rule in the form
715-required by section 20 of this chapter.
716-(2) The regulatory analysis submitted to the governor under
717-subsection (c).
718-(3) A statement justifying the need for interim rulemaking.
719-(2) (4) The approval of the governor to use interim rulemaking
720-procedures for the rule.
721-(3) (5) If the proposed interim rule adds or amends language to
722-increase or expand application of a fee, fine, or civil penalty or a
723-schedule of fees, fines, or civil penalties, the agenda of the budget
724-SEA 4 — CC 1 18
725-committee meeting at which the rule was scheduled for review.
726-(4) (6) The documents required by section 21 of this chapter.
727-(7) If the proposed interim rule is expected to exceed the
728-threshold set forth in section 22.7(c)(6) of this chapter, the
729-agenda of the budget committee meeting at which the rule was
730-scheduled for review.
731-The publisher shall review materials submitted under this section and
732-determine the date that the publisher intends to include the material in
733-the Indiana Register. After establishing the intended publication date,
734-the publisher shall provide a written or an electronic mail authorization
735-to proceed to the agency.
736-(e) The agency shall include the following in the notice of the public
737-comment period:
738-(1) A general description of the subject matter of the proposed
739-interim rule, including the document control number.
740-(2) The full text of the agency's proposed interim rule in the form
741-required by section 20 of this chapter (excluding the text of a
742-matter incorporated by reference under section 21 of this chapter).
743-(3) The regulatory analysis submitted to the governor under
744-subsection (c) (excluding appendices containing data, studies,
745-or analyses referenced in the regulatory analysis).
746-(3) (4) A statement justifying any requirement or cost that is:
747-(A) imposed on a regulated entity under the interim rule; and
748-(B) not expressly required by the statute authorizing the
749-agency to adopt rules or any other state or federal law.
750-The statement required under this subdivision must include a
751-reference to any data, studies, or analyses relied upon by the
752-agency in determining that the imposition of the requirement or
753-cost is necessary.
754-(4) (5) Information concerning where, when, and how a person
755-may inspect and copy any data, studies, or analyses referenced
756-under subdivision (3). (4).
757-(5) (6) Information concerning where, when, and how a person
758-may inspect any documents incorporated by reference into the
759-proposed interim rule under section 21 of this chapter.
760-(6) (7) A date that is thirty (30) days after the notice is published
761-in the Indiana Register by which written comments are due and a
762-statement explaining that any person may submit written
763-comments concerning the proposed interim rule during the public
764-comment period and instructions on when, where, and how the
765-person may submit written comments.
766-However, inadequacy or insufficiency of the subject matter description
767-SEA 4 — CC 1 19
768-under subdivision (1) or a statement of justification under subdivision
769-(3) (4) in a notice does not invalidate a rulemaking action. An agency
770-may continue the public comment period by publishing a subsequent
771-notice in the Indiana Register extending the public comment period.
772-(f) Before adopting the interim rule, the agency shall prepare a
773-written response to comments received by the agency, including the
774-reasons for rejecting any recommendations made in the comments.
775-(g) After an agency has completed the public comment period and
776-complied with subsection (f), the agency may:
777-(1) adopt a rule that is identical to a proposed interim rule
778-published in the Indiana Register under this section; or
779-(2) adopt a revised version of a proposed interim rule published
780-under this section and include provisions that did not appear in
781-the initially published proposed version.
782-An agency may not adopt an interim rule that substantially differs from
783-the version of the proposed interim rule published in the Indiana
784-Register under this section, unless it is a logical outgrowth of any
785-proposed interim rule as supported by any written comments submitted
786-during the public comment period.
787-(h) After the agency adopts the interim rule, the agency shall submit
788-the following to the publisher for filing:
789-(1) The text of the adopted interim rule. The agency shall submit
790-the full text of the interim rule in the form required by section 20
791-of this chapter.
792-(2) A summary of the comments received by the agency during
793-the public comment period and the agency's response to the
794-comments.
795-(3) A signature page that indicates that the agency has adopted the
796-interim rule in conformity with all procedures required by law.
797-(4) The documents required by section 21 of this chapter.
798-The publisher shall determine the format of the interim rule and other
799-documents to be submitted under this subsection. An interim rule may
800-suspend but not repeal a rule approved by the governor under section
801-34 of this chapter.
802-(i) Subject to subsection (h) and section 39 of this chapter, the
803-publisher shall:
804-(1) accept the interim rule for filing;
805-(2) electronically record the date and time that the interim rule is
806-accepted; and
807-(3) publish the text of the:
808-(A) adopted interim rule;
809-(B) regulatory analysis (excluding appendices containing
810-SEA 4 — CC 1 20
811-data, studies, or analyses referenced in the regulatory
812-analysis); and the
813-(C) governor's approval in the Indiana Register.
814-(j) An interim rule adopted by an agency under this section takes
815-effect on the latest of the following dates:
816-(1) The effective date of the statute delegating authority to the
817-agency to adopt the interim rule.
818-(2) The date and time that the interim rule is accepted for filing
819-under subsection (i).
820-(3) The effective date stated by the adopting agency in the interim
821-rule.
822-(4) The date of compliance with every requirement established by
823-law as a prerequisite to the adoption or effectiveness of the
824-interim rule.
825-(5) The statutory effective date for an interim rule set forth in law.
826-(k) An agency may amend an interim rule with another interim rule
827-by following the procedures in this section for adoption of an interim
828-rule. Except as provided in IC 4-22-2.3, an interim rule and all
829-subsequent rules on the same subject adopted under section 37.1 of this
830-chapter or this section expire not later than four hundred twenty-five
831-(425) days after the initial interim rule is accepted for filing under
832-subsection (i).
833-(l) Subject to subsection (m), the attorney general or the governor
834-may file an objection to an interim rule that is adopted under this
835-section not later than forty-five (45) days after the date that an interim
836-rule or amendment to an interim rule is accepted for filing under
837-subsection (i). The objection must cite the document control number
838-for the affected interim rule and state the basis for the objection. When
839-filed with the publisher, the objection has the effect of invalidating the
840-interim rule or amendment to an interim rule. The publisher shall
841-publish the objection in the Indiana Register.
842-(m) The attorney general may file a written objection to an interim
843-rule under subsection (l) only if the attorney general determines that the
844-interim rule has been adopted:
845-(1) without statutory authority; or
846-(2) without complying with this section.
847-A notice of objection to an interim rule by the attorney general must
848-include findings that explain the basis for the determination. The notice
849-of objection shall be provided to the agency in an electronic format.
850-SECTION 17. IC 4-22-2-38, AS AMENDED BY P.L.249-2023,
851-SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
852-JULY 1, 2024]: Sec. 38. (a) This section applies to a rulemaking action
853-SEA 4 — CC 1 21
854-resulting in any of the following rules:
855-(1) A rule that brings another rule into conformity with section 20
856-of this chapter.
857-(2) A rule that amends another rule to replace an inaccurate
858-reference to a statute, rule, regulation, other text, governmental
859-entity, or location with an accurate reference, when the inaccuracy
860-is the result of the rearrangement of a federal or state statute, rule,
861-or regulation under a different citation number, a federal or state
862-transfer of functions from one (1) governmental entity to another,
863-a change in the name of a federal or state governmental entity, or
864-a change in the address of an entity.
865-(3) A rule correcting any other typographical, clerical, or spelling
866-error in another rule.
867-(b) Sections 24 23 through 37.2 of this chapter do not apply to rules
868-described in subsection (a).
869-(c) Notwithstanding any other statute, an agency may adopt a rule
870-described by subsection (a) without complying with any statutory
871-notice, hearing, adoption, or approval requirement. In addition, the
872-governor may adopt a rule described in subsection (a) for an agency
873-without the agency's consent or action.
874-(d) A rule described in subsection (a) shall be submitted to the
875-publisher for the assignment of a document control number. The
876-agency (or the governor, for the agency) shall submit the rule in the
877-form required by section 20 of this chapter and with the documents
878-required by section 21 of this chapter. The publisher shall determine
879-the number of copies of the rule and other documents to be submitted
880-under this subsection.
881-(e) After a document control number is assigned, the agency (or the
882-governor, for the agency) shall submit the rule to the publisher for
883-filing. The agency (or the governor, for the agency) shall submit the
884-rule in the form required by section 20 of this chapter and with the
885-documents required by section 21 of this chapter. The publisher shall
886-determine the format of the rule and other documents to be submitted
887-under this subsection.
888-(f) Subject to section 39 of this chapter, the publisher shall:
889-(1) accept the rule for filing; and
890-(2) electronically record the date and time that it is accepted.
891-(g) Subject to subsection (h), a rule described in subsection (a) takes
892-effect on the latest of the following dates:
893-(1) The date that the rule being corrected by a rule adopted under
894-this section becomes effective.
895-(2) The date that is forty-five (45) days from the date and time
896-SEA 4 — CC 1 22
897-that the rule adopted under this section is accepted for filing
898-under subsection (f).
899-(h) The governor or the attorney general may file an objection to a
900-rule that is adopted under this section before the date that is forty-five
901-(45) days from the date and time that the rule is accepted for filing
902-under subsection (f). When filed with the publisher, the objection has
903-the effect of invalidating the rule.
904-SECTION 18. IC 4-22-2.1-5, AS AMENDED BY P.L.249-2023,
905-SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
906-JULY 1, 2024]: Sec. 5. (a) If an agency intends to adopt a rule under
907-IC 4-22-2 that will impose requirements or costs on small businesses,
908-the agency shall prepare a statement that describes the annual
909-economic impact of a rule on all small businesses after the rule is fully
910-implemented. The statement required by this section must include the
911-following:
912-(1) An estimate of the number of small businesses, classified by
913-industry sector, that will be subject to the proposed rule.
914-(2) An estimate of the average annual reporting, record keeping,
915-and other administrative costs that small businesses will incur to
916-comply with the proposed rule.
917-(3) An estimate of the total annual economic impact that
918-compliance with the proposed rule will have on all small
919-businesses subject to the rule.
920-(4) A statement justifying any requirement or cost that is:
921-(A) imposed on small businesses by the rule; and
922-(B) not expressly required by:
923-(i) the statute authorizing the agency to adopt the rule; or
924-(ii) any other state or federal law.
925-The statement required by this subdivision must include a
926-reference to any data, studies, or analyses relied upon by the
927-agency in determining that the imposition of the requirement or
928-cost is necessary.
929-(5) A regulatory flexibility analysis that considers any less
930-intrusive or less costly alternative methods of achieving the
931-purpose of the proposed rule. The analysis under this subdivision
932-must consider the following methods of minimizing the economic
933-impact of the proposed rule on small businesses:
934-(A) The establishment of less stringent compliance or
935-reporting requirements for small businesses.
936-(B) The establishment of less stringent schedules or deadlines
937-for compliance or reporting requirements for small businesses.
938-(C) The consolidation or simplification of compliance or
939-SEA 4 — CC 1 23
940-reporting requirements for small businesses.
941-(D) The establishment of performance standards for small
942-businesses instead of design or operational standards imposed
943-on other regulated entities by the rule.
944-(E) The exemption of small businesses from part or all of the
945-requirements or costs imposed by the rule.
946-If the agency has made a preliminary determination not to
947-implement one (1) or more of the alternative methods considered,
948-the agency shall include a statement explaining the agency's
949-reasons for the determination, including a reference to any data,
950-studies, or analyses relied upon by the agency in making the
951-determination.
952-(b) The agency shall submit a copy of the notice of the first
953-public comment period and regulatory analysis published under
954-IC 4-22-2-23 to the small business ombudsman not later than the
955-publication of the notice of the first public comment period.
956-SECTION 19. IC 4-22-2.1-6, AS AMENDED BY P.L.249-2023,
957-SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
958-JULY 1, 2024]: Sec. 6. (a) Not later than seven (7) days before the date
959-of the public hearing set forth in the agency's notice under
960-IC 4-22-2-24, IC 4-22-2-23, the small business ombudsman shall do
961-the following:
962-(1) Review the proposed rule contained within the notice of the
963-first public comment period and economic impact statement
964-contained within the regulatory analysis submitted to the small
965-business ombudsman by the agency under section 5 of this
966-chapter.
967-(2) Submit written comments to the agency on the proposed rule
968-and the economic impact statement prepared by the agency under
969-section 5 of this chapter. The small business ombudsman's
970-comments may:
971-(A) recommend that the agency implement one (1) or more of
972-the regulatory alternatives considered by the agency under
973-section 5 of this chapter;
974-(B) suggest regulatory alternatives not considered by the
975-agency under section 5 of this chapter;
976-(C) recommend any other changes to the proposed rule that
977-would minimize the economic impact of the proposed rule on
978-small businesses; or
979-(D) recommend that the agency abandon or delay the
980-rulemaking action until:
981-(i) more data on the impact of the proposed rule on small
982-SEA 4 — CC 1 24
983-businesses can be gathered and evaluated; or
984-(ii) less intrusive or less costly alternative methods of
985-achieving the purpose of the proposed rule can be effectively
986-implemented with respect to small businesses.
987-(b) Upon receipt of the small business ombudsman's written
988-comments under subsection (a), the agency shall make the comments
989-available:
990-(1) for public inspection and copying at the offices of the agency
991-under IC 5-14-3;
992-(2) electronically through the electronic gateway administered
993-under IC 4-13.1-2-2(a)(6) by the office of technology; and
994-(3) for distribution at the public hearing required by IC 4-22-2-26.
995-(c) Before finally adopting a rule under IC 4-22-2-29, and in the
996-same manner that the agency considers public comments under
997-IC 4-22-2-27, the agency must fully consider the comments submitted
998-by the small business ombudsman under subsection (a). After
999-considering the comments under this subsection, the agency may:
1000-(1) adopt any version of the rule permitted under IC 4-22-2-29; or
1001-(2) abandon or delay the rulemaking action as recommended by
1002-the small business ombudsman under subsection (a)(2)(D), if
1003-applicable.
1004-SECTION 20. IC 4-22-2.3-6, AS ADDED BY P.L.249-2023,
1005-SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1006-JULY 1, 2024]: Sec. 6. The following apply to the department of
1007-financial institutions:
1008-(1) The department of financial institutions shall adopt rules
1009-under the interim rule procedures in IC 4-22-2-37.2 announcing:
1010-(A) sixty (60) days before January 1 of each odd-numbered
1011-year in which dollar amounts under IC 24-4.5 (Uniform
1012-Consumer Credit Code) are to change, the changes in dollar
1013-amounts required by IC 24-4.5-1-106(2);
1014-(B) promptly after the changes occur, changes in the Index
1015-required by IC 24-4.5-1-106(3), including, when applicable,
1016-the numerical equivalent of the Reference Base Index under a
1017-revised Reference Base Index and the designation or title of
1018-any index superseding the Index;
1019-(C) the adjustments required under IC 24-9-2-8 concerning
1020-high cost home loans; and
1021-(D) the adjustments required under IC 34-55-10-2 (bankruptcy
1022-exemptions; limitations) or IC 34-55-10-2.5.
1023-A rule described in this subdivision expires not later than January
1024-of the next odd-numbered year after the department of financial
1025-SEA 4 — CC 1 25
1026-institutions is required to issue the rule.
1027-(2) The department of financial institutions may adopt a rule
1028-under the interim rule procedures in IC 4-22-2-37.2 for a rule
1029-permitted under IC 24-4.4-1-101 (licensing system for creditors
1030-and mortgage loan originators) or IC 24-4.5 (Uniform Consumer
1031-Credit Code) if the department of financial institutions declares
1032-an emergency. A rule described in this subdivision expires not
1033-later than two (2) years after the rule is effective.
1034-(3) The department of financial institutions may adopt a rule
1035-described in IC 34-55-10-2 (bankruptcy exemptions; limitations)
1036-or IC 34-55-10-2.5 in conformity with the procedures in
1037-IC 4-22-2-23 through IC 4-22-2-36 or the interim rule procedures
1038-in IC 4-22-2-37.2. A rule described in this subdivision adopted
1039-under IC 4-22-2-37.2 expires not later than two (2) years after the
1040-rule is accepted for filing by the publisher of the Indiana Register.
1041-A rule described in this section may be continued in another interim
1042-rule only if the governor determines under section IC 4-22-2-37.2(c)
1043-that the policy options available to the agency are so limited that use of
1044-the additional notice, comment, and review procedures in IC 4-22-2-23
1045-through IC 4-22-2-36 would provide no benefit to persons regulated or
1046-otherwise affected by the rule.
1047-SECTION 21. IC 4-22-2.3-10 IS ADDED TO THE INDIANA
1048-CODE AS A NEW SECTION TO READ AS FOLLOWS
1049-[EFFECTIVE JULY 1, 2024]: Sec. 10. (a) An agency may adopt
1050-interim rules under IC 4-22-2-37.2 to implement a reduction, a full
1051-or partial waiver, or an elimination of a fee, fine, or civil penalty
1052-included in a rule adopted under IC 4-22-2.
1053-(b) An interim rule authorized under this section expires not
1054-later than January 1 of the fifth year after the year in which the
1055-rule is accepted for filing by the publisher of the Indiana Register.
1056-(c) A rule described in this section may be continued:
1057-(1) if the agency readopts the rule:
1058-(A) without changes in conformity with the procedures in
1059-IC 4-22-2.6-3 through IC 4-22-2.6-9; or
1060-(B) with or without changes in conformity with the
1061-procedures in IC 4-22-2-23 through IC 4-22-2-36; or
1062-(2) in another interim rule only if the governor determines
1063-under IC 4-22-2-37.2(c) that the policy options available to the
1064-agency are so limited that the use of the additional notice,
1065-comment, and review procedures in IC 4-22-2-23 through
1066-IC 4-22-2-36 would provide no benefit to persons regulated or
1067-otherwise affected by the rule.
1068-SEA 4 — CC 1 26
1069-SECTION 22. IC 4-22-2.6-1, AS ADDED BY P.L.249-2023,
1070-SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1071-JULY 1, 2024]: Sec. 1. (a) Except as provided in this section and
1072-section 10 of this chapter, a rule adopted under IC 4-22-2-23 through
1073-IC 4-22-2-36 expires January 1 of the fifth year after the year in which
1074-the rule takes effect, unless the rule expires or is repealed on an earlier
1075-date. Except for an amendment made under IC 4-22-2-38, the
1076-expiration date of a rule under this section is extended each time that
1077-a rule:
1078-(1) amending under IC 4-22-2-23 through IC 4-22-2-36;
1079-(2) continuing under IC 4-22-2.3-10; or
1080-(3) readopting;
1081-an unexpired rule takes effect. The rule, as amended or readopted,
1082-expires on January 1 of the fifth year after the year in which the
1083-amendment or readoption takes effect.
1084-(b) If the latest version of a rule became effective:
1085-(1) in calendar year 2017, the rule expires not later than January
1086-1, 2024;
1087-(2) in calendar year 2018, the rule expires not later than January
1088-1, 2025;
1089-(3) in calendar year 2019, the rule expires not later than January
1090-1, 2026; or
1091-(4) in calendar year 2020, the rule expires not later than January
1092-1, 2027.
1093-(c) If the latest version of a rule became effective before January 1,
1094-2017, and:
1095-(1) the rule was adopted by an agency established under IC 13,
1096-the rule expires not later than January 1, 2025;
1097-(2) the rule was adopted by an agency established under IC 16,
1098-the rule expires not later than January 1, 2026; or
1099-(3) the rule was adopted by an agency not described in
1100-subdivision (1) or (2), the rule expires not later than January 1,
1101-2027.
1102-(d) A readoption rulemaking action under IC 4-22-2.5 (before its
1103-repeal) or IC 13-14-9.5 (before its repeal) that became effective before
1104-July 1, 2023, is validated to the same extent as if the rulemaking action
1105-had been conducted under the procedures in this chapter.
1106-(e) The determination of whether an administrative rule expires
1107-under this chapter shall be applied at the level of an Indiana
1108-Administrative Code section.
1109-SECTION 23. IC 4-22-2.6-3, AS ADDED BY P.L.249-2023,
1110-SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1111-SEA 4 — CC 1 27
1112-JULY 1, 2024]: Sec. 3. (a) Except as provided in subsection (b), if an
1113-agency intends to readopt a rule, the agency shall, not later than
1114-January 1 of the fourth year after preceding the year in which the rule
1115-takes effect, expires under this chapter, provide an initial notice of
1116-the intended readoption in an electronic format designated by the
1117-publisher to legislators and legislative committees in the manner and
1118-on the schedule specified by the legislative council or the personnel
1119-subcommittee of the legislative council acting for the legislative
1120-council.
1121-(b) An agency is not required to provide the initial notice under
1122-subsection (a) for a rule described in section 1(b)(1) of this chapter.
1123-(c) After receiving the material as required by this section, the
1124-publisher shall assign a document control number.
1125-SECTION 24. IC 4-22-2.6-5, AS ADDED BY P.L.249-2023,
1126-SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1127-JULY 1, 2024]: Sec. 5. (a) If an agency elects to readopt a rule under
1128-this chapter, the agency shall submit a notice of proposed readoption
1129-to the publisher not later than the first regular business day in
1130-September of the year preceding the year in which the rule expires
1131-under this chapter for publication in the Indiana Register. A separate
1132-notice must be published for each board or other person or entity with
1133-rulemaking authority.
1134-(b) The notice must include the following:
1135-(1) A general description of the subject matter of all rules
1136-proposed to be readopted.
1137-(2) A listing of rules that are proposed to be readopted, listed by
1138-their titles and subtitles only.
1139-(3) A written public comment period of thirty (30) days and
1140-instructions on how to submit written comments to the agency.
1141-(4) A request for comments on whether specific rules should be
1142-reviewed through the regular rulemaking process under
1143-IC 4-22-2-23 through IC 4-22-2-36 (as modified by IC 13-14-9,
1144-when applicable).
1145-(5) A summary of the agency's findings under section 4 of this
1146-chapter.
1147-(6) Any other information required by the publisher.
1148-(c) The agency shall submit the material in the form required by
1149-IC 4-22-2-20. The agency need not resubmit the documents required by
1150-IC 4-22-2-21 if the publisher received a copy of the documents when
1151-the rule was previously adopted or amended. The publisher shall
1152-review the material submitted under this section and determine the date
1153-that the publisher intends to include the material in the Indiana
1154-SEA 4 — CC 1 28
1155-Register. After:
1156-(1) establishing the intended publication date; and
1157-(2) receiving the material as required by this section;
1158-the publisher shall assign a document control number, provide an
1159-electronic mail authorization to proceed to the agency and publish the
1160-material on the intended publication date.
1161-SECTION 25. IC 4-30-3-9 IS REPEALED [EFFECTIVE JULY 1,
1162-2024]. Sec. 9. (a) The commission may adopt emergency rules under
1163-IC 4-22-2-37.1.
1164-(b) An emergency rule adopted by the commission under this
1165-section expires on the earlier of the following dates:
1166-(1) The expiration date stated in the emergency rule.
1167-(2) The date the emergency rule is amended or repealed by a later
1168-rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
1169-IC 4-22-2-37.1.
1170-SECTION 26. IC 4-30-3-18 IS AMENDED TO READ AS
1171-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 18. (a) The commission
1172-may enter into agreements with other jurisdictions for the operation and
1173-promotion of a multiple jurisdictional lottery if these agreements are in
1174-the best interest of the lottery.
1175-(b) Before the commission enters into an agreement with a
1176-jurisdiction other than a state for a lottery game that originates and is
1177-operated under foreign law, the commission must adopt rules under
1178-IC 4-22-2 governing the establishment, implementation, and operation
1179-of the lottery game. The rules adopted under this subsection must
1180-include the information described in section 7 of this chapter. The
1181-commission may not adopt emergency provisional or interim rules to
1182-meet the requirements of this subsection.
1183-SECTION 27. IC 4-31-3-9, AS AMENDED BY P.L.140-2013,
1184-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1185-JULY 1, 2024]: Sec. 9. (a) Subject to section 14 of this chapter, the
1186-commission may:
1187-(1) adopt rules under IC 4-22-2 including emergency rules under
1188-IC 4-22-2-37.1, to implement this article, including rules that
1189-prescribe:
1190-(A) the forms of wagering that are permitted;
1191-(B) the number of races;
1192-(C) the procedures for wagering;
1193-(D) the wagering information to be provided to the public;
1194-(E) fees for the issuance and renewal of:
1195-(i) permits under IC 4-31-5;
1196-(ii) satellite facility licenses under IC 4-31-5.5; and
1197-SEA 4 — CC 1 29
1198-(iii) licenses for racetrack personnel and racing participants
1199-under IC 4-31-6;
1200-(F) investigative fees;
1201-(G) fines and penalties; and
1202-(H) any other regulation that the commission determines is in
1203-the public interest in the conduct of recognized meetings and
1204-wagering on horse racing in Indiana;
1205-(2) appoint employees and fix their compensation, subject to the
1206-approval of the budget agency under IC 4-12-1-13;
1207-(3) enter into contracts necessary to implement this article; and
1208-(4) receive and consider recommendations from a development
1209-advisory committee established under IC 4-31-11.
1210-(b) An emergency rule adopted by the commission under subsection
1211-(a) expires on the earlier of the following dates:
1212-(1) The expiration date stated in the emergency rule.
1213-(2) The date the emergency rule is amended or repealed by a later
1214-rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
1215-IC 4-22-2-37.1.
1216-SECTION 28. IC 4-31-7.5-11, AS ADDED BY P.L.268-2017,
1217-SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1218-JULY 1, 2024]: Sec. 11. The commission shall adopt rules under
1219-IC 4-22-2 including emergency rules adopted in the manner provided
1220-in IC 4-22-2-37.1, to implement this chapter. Rules adopted under this
1221-section may include rules that prescribe:
1222-(1) procedures for verifying the age of an individual opening an
1223-advance deposit wagering account or placing a wager with a
1224-licensed SPMO;
1225-(2) requirements for opening and administering advance deposit
1226-wagering accounts;
1227-(3) a guarantee or acceptable surety that the full value of balances
1228-in an advance deposit wagering account will be paid;
1229-(4) record keeping requirements;
1230-(5) licensure procedures, including investigation of applicants,
1231-forms for licensure, and procedures for renewal; and
1232-(6) civil penalties for violations of this chapter or the rules
1233-adopted by the commission.
1234-SECTION 29. IC 4-32.3-3-3, AS ADDED BY P.L.58-2019,
1235-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1236-JULY 1, 2024]: Sec. 3. (a) The commission shall adopt rules under
1237-IC 4-22-2 for the following purposes:
1238-(1) Administering this article.
1239-(2) Establishing the conditions under which charity gaming in
1240-SEA 4 — CC 1 30
1241-Indiana may be conducted, including the manner in which a
1242-qualified organization may supervise a qualified card game
1243-conducted under IC 4-32.3-5-11(b).
1244-(3) Providing for the prevention of practices detrimental to the
1245-public interest and providing for the best interests of charity
1246-gaming.
1247-(4) Establishing rules concerning inspection of qualified
1248-organizations and the review of the licenses necessary to conduct
1249-charity gaming.
1250-(5) Imposing penalties for noncriminal violations of this article.
1251-(6) Establishing standards for independent audits conducted under
1252-IC 4-32.3-5-5(d).
1253-(b) The commission may adopt emergency rules under
1254-IC 4-22-2-37.1 if the commission determines that:
1255-(1) the need for a rule is so immediate and substantial that
1256-rulemaking procedures under IC 4-22-2-13 through IC 4-22-2-36
1257-are inadequate to address the need; and
1258-(2) an emergency rule is likely to address the need.
1259-SECTION 30. IC 4-33-4-3, AS AMENDED BY P.L.142-2009,
1260-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1261-JULY 1, 2024]: Sec. 3. (a) The commission shall do the following:
1262-(1) Adopt rules that the commission determines necessary to
1263-protect or enhance the following:
1264-(A) The credibility and integrity of gambling operations
1265-authorized by this article.
1266-(B) The regulatory process provided in this article.
1267-(2) Conduct all hearings concerning civil violations of this article.
1268-(3) Provide for the establishment and collection of license fees
1269-and taxes imposed under this article.
1270-(4) Deposit the license fees and taxes in the state gaming fund
1271-established by IC 4-33-13.
1272-(5) Levy and collect penalties for noncriminal violations of this
1273-article.
1274-(6) Deposit the penalties in the state gaming fund established by
1275-IC 4-33-13.
1276-(7) Be present through the commission's gaming agents during the
1277-time gambling operations are conducted on a riverboat to do the
1278-following:
1279-(A) Certify the revenue received by a riverboat.
1280-(B) Receive complaints from the public.
1281-(C) Conduct other investigations into the conduct of the
1282-gambling games and the maintenance of the equipment that
1283-SEA 4 — CC 1 31
1284-the commission considers necessary and proper.
1285-(8) Adopt emergency rules under IC 4-22-2-37.1 if the
1286-commission determines that:
1287-(A) the need for a rule is so immediate and substantial that
1288-rulemaking procedures under IC 4-22-2-13 through
1289-IC 4-22-2-36 are inadequate to address the need; and
1290-(B) an emergency rule is likely to address the need.
1291-(9) (8) Adopt rules to establish and implement a voluntary
1292-exclusion program that meets the requirements of subsection (c).
1293-(b).
1294-(10) (9) Establish the requirements for a power of attorney
1295-submitted under IC 4-33-6-2(c), IC 4-33-6-22, IC 4-33-6.5-2(c),
1296-or IC 4-33-6.5-16.
1297-(b) The commission shall begin rulemaking procedures under
1298-IC 4-22-2-13 through IC 4-22-2-36 to adopt an emergency rule adopted
1299-under subsection (a)(8) not later than thirty (30) days after the adoption
1300-of the emergency rule under subsection (a)(8).
1301-(c) (b) Rules adopted under subsection (a)(9) (a)(8) must provide
1302-the following:
1303-(1) Except as provided by rule of the commission, a person who
1304-participates in the voluntary exclusion program agrees to refrain
1305-from entering a riverboat or other facility under the jurisdiction of
1306-the commission.
1307-(2) That the name of a person participating in the program will be
1308-included on a list of persons excluded from all facilities under the
1309-jurisdiction of the commission.
1310-(3) Except as provided by rule of the commission, a person who
1311-participates in the voluntary exclusion program may not petition
1312-the commission for readmittance to a facility under the
1313-jurisdiction of the commission.
1314-(4) That the list of patrons entering the voluntary exclusion
1315-program and the personal information of the participants are
1316-confidential and may only be disseminated by the commission to
1317-the owner or operator of a facility under the jurisdiction of the
1318-commission for purposes of enforcement and to other entities,
1319-upon request by the participant and agreement by the commission.
1320-(5) That an owner of a facility under the jurisdiction of the
1321-commission shall make all reasonable attempts as determined by
1322-the commission to cease all direct marketing efforts to a person
1323-participating in the program.
1324-(6) That an owner of a facility under the jurisdiction of the
1325-commission may not cash the check of a person participating in
1326-SEA 4 — CC 1 32
1327-the program or extend credit to the person in any manner.
1328-However, the voluntary exclusion program does not preclude an
1329-owner from seeking the payment of a debt accrued by a person
1330-before entering the program.
1331-SECTION 31. IC 4-33-6-2, AS AMENDED BY P.L.142-2009,
1332-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1333-JULY 1, 2024]: Sec. 2. (a) A person applying for an owner's license
1334-under this chapter must pay a nonrefundable application fee to the
1335-commission. The commission shall determine the amount of the
1336-application fee.
1337-(b) An applicant must submit the following on forms provided by
1338-the commission:
1339-(1) If the applicant is an individual, two (2) sets of the individual's
1340-fingerprints.
1341-(2) If the applicant is not an individual, two (2) sets of fingerprints
1342-for each officer and director of the applicant.
1343-(c) This subsection applies to an applicant who applies after June
1344-30, 2009, for an owner's license. An applicant shall submit for the
1345-approval of the commission a written power of attorney identifying the
1346-person who, if approved by the commission, would serve as the
1347-applicant's trustee to operate the riverboat. The power of attorney
1348-submitted under this subsection must:
1349-(1) be executed in the manner required by IC 30-5;
1350-(2) describe the powers that may be delegated to the proposed
1351-trustee;
1352-(3) conform with the requirements established by the commission
1353-under IC 4-33-4-3(a)(10); IC 4-33-4-3(a)(9); and
1354-(4) be submitted on the date that the applicant pays the
1355-application fee described in subsection (a).
1356-(d) The commission shall review the applications for an owner's
1357-license under this chapter and shall inform each applicant of the
1358-commission's decision concerning the issuance of the owner's license.
1359-(e) The costs of investigating an applicant for an owner's license
1360-under this chapter shall be paid from the application fee paid by the
1361-applicant.
1362-(f) An applicant for an owner's license under this chapter must pay
1363-all additional costs that are:
1364-(1) associated with the investigation of the applicant; and
1365-(2) greater than the amount of the application fee paid by the
1366-applicant.
1367-SECTION 32. IC 4-33-6-22, AS ADDED BY P.L.142-2009,
1368-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1369-SEA 4 — CC 1 33
1370-JULY 1, 2024]: Sec. 22. (a) This section applies to any licensed owner
1371-who was not required to submit a proposed power of attorney when
1372-applying for an owner's license.
1373-(b) A licensed owner shall submit for the approval of the
1374-commission a written power of attorney identifying the person who, if
1375-approved by the commission, would serve as the licensed owner's
1376-trustee to operate the riverboat. The power of attorney submitted under
1377-this subsection must:
1378-(1) be executed in the manner required by IC 30-5;
1379-(2) describe the powers that may be delegated to the proposed
1380-trustee;
1381-(3) conform with the requirements established by the commission
1382-under IC 4-33-4-3(a)(10); IC 4-33-4-3(a)(9); and
1383-(4) be submitted before:
1384-(A) November 1, 2009, in the case of a person holding an
1385-owner's license on July 1, 2009; or
1386-(B) the deadline imposed by the commission in the case of a
1387-licensed owner who is subject to this section and not described
1388-by clause (A).
1389-(c) The commission may not renew an owner's license unless the
1390-commission:
1391-(1) receives a proposed power of attorney from the licensed
1392-owner;
1393-(2) approves the trustee identified by the power of attorney; and
1394-(3) approves the power of attorney.
1395-(d) A licensed owner must petition the commission for its approval
1396-of any changes to a power of attorney approved by the commission.
1397-SECTION 33. IC 4-33-6.5-2, AS AMENDED BY P.L.1-2010,
1398-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1399-JULY 1, 2024]: Sec. 2. (a) A person, including a person who holds or
1400-has an interest in an owner's license issued under this article, may file
1401-an application with the commission to serve as an operating agent
1402-under this chapter. An applicant must pay a nonrefundable application
1403-fee to the commission in an amount to be determined by the
1404-commission.
1405-(b) An applicant must submit the following on forms provided by
1406-the commission:
1407-(1) If the applicant is an individual, two (2) sets of the individual's
1408-fingerprints.
1409-(2) If the applicant is not an individual, two (2) sets of fingerprints
1410-for each officer and director of the applicant.
1411-(c) This subsection applies to an applicant who applies after May
1412-SEA 4 — CC 1 34
1413-12, 2009, to serve as an operating agent under this chapter. An
1414-applicant shall submit for the approval of the commission a written
1415-power of attorney identifying the person who, if approved by the
1416-commission, would serve as the applicant's trustee to operate the
1417-riverboat. The power of attorney submitted under this subsection must:
1418-(1) be executed in the manner required by IC 30-5;
1419-(2) describe the powers that may be delegated to the proposed
1420-trustee;
1421-(3) conform with the requirements established by the commission
1422-under IC 4-33-4-3(a)(10); IC 4-33-4-3(a)(9); and
1423-(4) be submitted on the date that the applicant pays the
1424-application fee described in subsection (a).
1425-(d) The commission shall review the applications filed under this
1426-chapter and shall inform each applicant of the commission's decision.
1427-(e) The costs of investigating an applicant to serve as an operating
1428-agent under this chapter shall be paid from the application fee paid by
1429-the applicant.
1430-(f) An applicant to serve as an operating agent under this chapter
1431-must pay all additional costs that are:
1432-(1) associated with the investigation of the applicant; and
1433-(2) greater than the amount of the application fee paid by the
1434-applicant.
1435-SECTION 34. IC 4-33-6.5-16, AS ADDED BY P.L.142-2009,
1436-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1437-JULY 1, 2024]: Sec. 16. (a) The person holding an operating agent
1438-contract on July 1, 2009, shall submit for the approval of the
1439-commission a written power of attorney identifying the person who, if
1440-approved by the commission, would serve as the operating agent's
1441-trustee to operate the riverboat. The power of attorney submitted under
1442-this subsection must:
1443-(1) be executed in the manner required by IC 30-5;
1444-(2) describe the powers that may be delegated to the proposed
1445-trustee;
1446-(3) conform with the requirements established by the commission
1447-under IC 4-33-4-3(a)(10); IC 4-33-4-3(a)(9); and
1448-(4) be submitted before November 1, 2009.
1449-(b) The commission may not renew an operating agent contract
1450-unless the commission:
1451-(1) receives a proposed power of attorney from the operating
1452-agent;
1453-(2) approves the trustee identified by the power of attorney; and
1454-(3) approves the power of attorney.
1455-SEA 4 — CC 1 35
1456-(c) An operating agent must petition the commission for its approval
1457-of any changes to a power of attorney approved by the commission.
1458-SECTION 35. IC 4-33-22-12, AS ADDED BY P.L.113-2010,
1459-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1460-JULY 1, 2024]: Sec. 12. (a) In accordance with IC 35-45-18-1(b), the
1461-commission may adopt rules under IC 4-22-2 to regulate the conduct
1462-of the following:
1463-(1) Mixed martial arts.
1464-(2) Martial arts, including the following:
1465-(A) Jujutsu.
1466-(B) Karate.
1467-(C) Kickboxing.
1468-(D) Kung fu.
1469-(E) Tae kwon do.
1470-(F) Judo.
1471-(G) Sambo.
1472-(H) Pankration.
1473-(I) Shootwrestling.
1474-(3) Professional wrestling.
1475-(4) Boxing.
1476-(5) Sparring.
1477-(b) The commission may adopt emergency rules under
1478-IC 4-22-2-37.1 if the commission determines that:
1479-(1) the need for a rule is so immediate and substantial that the
1480-ordinary rulemaking procedures under IC 4-22-2 are inadequate
1481-to address the need; and
1482-(2) an emergency rule is likely to address the need.
1483-SECTION 36. IC 4-33-24-13, AS ADDED BY P.L.212-2016,
1484-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1485-JULY 1, 2024]: Sec. 13. (a) The division shall adopt rules under
1486-IC 4-22-2 including emergency rules under IC 4-22-2-37.1, to
1487-implement this chapter, including rules for the following purposes:
1488-(1) Administering this chapter.
1489-(2) Providing for the prevention of practices detrimental to the
1490-public interest and providing for the best interests of paid fantasy
1491-sports.
1492-(3) Establishing rules concerning the review of the permits or
1493-licenses necessary for a game operator, licensed facility, or
1494-licensee.
1495-(4) Imposing penalties for noncriminal violations of this chapter.
1496-(b) The division and the commission shall allow game operators
1497-who are operating in Indiana on March 31, 2016, to continue operating
1498-SEA 4 — CC 1 36
1499-until they have received or have been denied a license.
1500-SECTION 37. IC 4-35-4-2, AS AMENDED BY P.L.255-2015,
1501-SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1502-JULY 1, 2024]: Sec. 2. (a) The commission shall do the following:
1503-(1) Adopt rules under IC 4-22-2 that the commission determines
1504-are necessary to protect or enhance the following:
1505-(A) The credibility and integrity of gambling games authorized
1506-under this article.
1507-(B) The regulatory process provided in this article.
1508-(2) Conduct all hearings concerning civil violations of this article.
1509-(3) Provide for the establishment and collection of license fees
1510-imposed under this article, and deposit the license fees in the state
1511-general fund.
1512-(4) Levy and collect penalties for noncriminal violations of this
1513-article and deposit the penalties in the state general fund.
1514-(5) Approve the design, appearance, aesthetics, and construction
1515-of gambling game facilities authorized under this article.
1516-(6) Adopt emergency rules under IC 4-22-2-37.1 if the
1517-commission determines that:
1518-(A) the need for a rule is so immediate and substantial that
1519-rulemaking procedures under IC 4-22-2-13 through
1520-IC 4-22-2-36 are inadequate to address the need; and
1521-(B) an emergency rule is likely to address the need.
1522-(7) (6) Adopt rules to establish and implement a voluntary
1523-exclusion program that meets the requirements of subsection (c).
1524-(b).
1525-(8) (7) Establish the requirements for a power of attorney
1526-submitted under IC 4-35-5-9.
1527-(b) The commission shall begin rulemaking procedures under
1528-IC 4-22-2-13 through IC 4-22-2-36 to adopt an emergency rule adopted
1529-under subsection (a)(6) not later than thirty (30) days after the adoption
1530-of the emergency rule under subsection (a)(6).
1531-(c) (b) Rules adopted under subsection (a)(7) (a)(6) must provide
1532-the following:
1533-(1) Except as provided by rule of the commission, a person who
1534-participates in the voluntary exclusion program agrees to refrain
1535-from entering a facility at which gambling games are conducted
1536-or another facility under the jurisdiction of the commission.
1537-(2) That the name of a person participating in the program will be
1538-included on a list of persons excluded from all facilities under the
1539-jurisdiction of the commission.
1540-(3) Except as provided by rule of the commission, a person who
1541-SEA 4 — CC 1 37
1542-participates in the voluntary exclusion program may not petition
1543-the commission for readmittance to a facility under the
1544-jurisdiction of the commission.
1545-(4) That the list of patrons entering the voluntary exclusion
1546-program and the personal information of the participants are
1547-confidential and may only be disseminated by the commission to
1548-the owner or operator of a facility under the jurisdiction of the
1549-commission for purposes of enforcement and to other entities,
1550-upon request by the participant and agreement by the commission.
1551-(5) That an owner of a facility under the jurisdiction of the
1552-commission shall make all reasonable attempts as determined by
1553-the commission to cease all direct marketing efforts to a person
1554-participating in the program.
1555-(6) That an owner of a facility under the jurisdiction of the
1556-commission may not cash the check of a person participating in
1557-the program or extend credit to the person in any manner.
1558-However, the voluntary exclusion program does not preclude an
1559-owner from seeking the payment of a debt accrued by a person
1560-before entering the program.
1561-SECTION 38. IC 4-35-5-9, AS ADDED BY P.L.142-2009,
1562-SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1563-JULY 1, 2024]: Sec. 9. (a) A permit holder or an applicant for a
1564-gambling game license shall submit for the approval of the commission
1565-a written power of attorney identifying the person who, if approved by
1566-the commission, would serve as the permit holder's or applicant's
1567-trustee to conduct gambling games at a racetrack. The power of
1568-attorney submitted under this subsection must:
1569-(1) be executed in the manner required by IC 30-5;
1570-(2) describe the powers that may be delegated to the proposed
1571-trustee; and
1572-(3) conform with the requirements established by the commission
1573-under IC 4-35-4-2(a)(8). IC 4-35-4-2(a)(7).
1574-(b) The proposed power of attorney required by this section must be
1575-submitted as follows:
1576-(1) Before November 1, 2009, in the case of a permit holder who
1577-holds a gambling game license as of July 1, 2009.
1578-(2) Before the deadline established by the commission, in the case
1579-of a person who applies for a gambling game license after
1580-December 31, 2008.
1581-(c) A permit holder must petition the commission for its approval of
1582-any changes to a power of attorney approved by the commission.
1583-SECTION 39. IC 4-36-3-3, AS ADDED BY P.L.95-2008,
1584-SEA 4 — CC 1 38
1585-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1586-JULY 1, 2024]: Sec. 3. (a) The commission may adopt rules under
1587-IC 4-22-2 for the establishment, implementation, and operation of type
1588-II gambling games and to ensure that the type II gambling operations
1589-are consistently operated in a fair and honest manner.
1590-(b) The commission may adopt emergency rules under
1591-IC 4-22-2-37.1 for the administration of this article if the commission
1592-determines that:
1593-(1) the need for a rule is so immediate and substantial that
1594-rulemaking procedures under IC 4-22-2-13 through IC 4-22-2-36
1595-are inadequate to address the need; and
1596-(2) an emergency rule is likely to address the need.
1597-SECTION 40. IC 4-38-3-1, AS ADDED BY P.L.293-2019,
1598-SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1599-JULY 1, 2024]: Sec. 1. The commission shall adopt rules under
1600-IC 4-22-2 including emergency rules in the manner provided under
1601-IC 4-22-2-37.1, to implement this article. Rules adopted under this
1602-section must include the following:
1603-(1) Standards for the conduct of sports wagering under this
1604-article.
1605-(2) Standards and procedures to govern the conduct of sports
1606-wagering, including the manner in which:
1607-(A) wagers are received;
1608-(B) payouts are paid; and
1609-(C) point spreads, lines, and odds are determined.
1610-(3) Standards for allowing a certificate holder to offer sports
1611-wagering as an interactive form of gaming.
1612-(4) Rules prescribing the manner in which a certificate holder's
1613-books and financial records relating to sports wagering are
1614-maintained and audited, including standards for the daily counting
1615-of a certificate holder's gross receipts from sports wagering and
1616-standards to ensure that internal controls are followed.
1617-(5) Rules concerning compulsive gambling.
1618-(6) Standards for approving procedures and technologies
1619-necessary to comply with the requirements of IC 4-38-9.
1620-(7) Standards for approving procedures and technologies
1621-necessary for a certificate holder or vendor to securely and
1622-efficiently maintain and store records of all bets and wagers
1623-placed with the certificate holder or vendor.
1624-(8) Rules establishing geofence standards concerning where a
1625-wager may and may not be placed, including:
1626-(A) only placing wagers within the boundaries of Indiana; and
1627-SEA 4 — CC 1 39
1628-(B) prohibiting wagers at the location of particular sporting
1629-events.
1630-(9) Standards for allowing a certificate holder to accept wagers
1631-through a mobile device under IC 4-38-5-12.
1632-(10) Rules concerning the use of the source of data in sports
1633-wagering.
1634-SECTION 41. IC 5-2-23-9, AS ADDED BY P.L.165-2019,
1635-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1636-JULY 1, 2024]: Sec. 9. (a) The criminal justice institute may adopt
1637-rules under IC 4-22-2 including emergency rules under IC 4-22-2-37.1,
1638-to implement this chapter.
1639-(b) An emergency rule adopted under this section expires on the
1640-earlier of the following dates:
1641-(1) The expiration date stated in the emergency rule.
1642-(2) The date the emergency rule is amended or repealed by a later
1643-rule adopted under IC 4-22-2-22.5 through IC 4-22-2-36 or under
1644-IC 4-22-2-37.1.
1645-(c) The criminal justice institute may readopt an emergency rule that
1646-has expired.
1647-SECTION 42. IC 5-10-8-23, AS ADDED BY P.L.115-2020,
1648-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1649-JULY 1, 2024]: Sec. 23. (a) As used in this section, "covered
1650-individual" means an individual who is entitled to coverage under a
1651-state employee health plan.
1652-(b) As used in this section, "emergency medical services provider
1653-organization" means a provider of emergency medical services that is
1654-certified by the Indiana emergency medical services commission as an
1655-advanced life support provider organization under rules adopted under
1656-IC 16-31-3.
1657-(c) As used in this section, "state employee health plan" means
1658-either of the following that provides coverage for emergency medical
1659-services:
1660-(1) A self-insurance program established under section 7(b) of
1661-this chapter to provide group health coverage.
1662-(2) A contract with a prepaid health care delivery plan that is
1663-entered into or renewed under section 7(c) of this chapter.
1664-(d) A state employee health plan that provides coverage for
1665-emergency medical services must at least provide reimbursement,
1666-subject to applicable deductible and coinsurance, for a covered
1667-individual for emergency medical services that are:
1668-(1) rendered by an emergency medical services provider
1669-organization;
1670-SEA 4 — CC 1 40
1671-(2) within the emergency medical services provider organization's
1672-scope of practice;
1673-(3) performed or provided as advanced life support services; and
1674-(4) performed or provided during a response initiated through the
1675-911 system, regardless of whether the patient was transported.
1676-(e) If multiple emergency medical services provider organizations
1677-qualify and submit a claim for reimbursement under this section for an
1678-encounter, the state employee health plan:
1679-(1) may only reimburse, subject to applicable deductible and
1680-coinsurance, under this section for one (1) claim per patient
1681-encounter; and
1682-(2) shall reimburse, subject to applicable deductible and
1683-coinsurance, the claim submitted by the emergency medical
1684-services provider organization that performed or provided the
1685-majority of advanced life support services for the patient.
1686-(f) The state personnel department may adopt rules under IC 4-22-2
1687-including emergency rules under IC 4-22-2-37.1, to implement this
1688-section.
1689-(g) This section does not restrict the state employee health plan from
1690-providing coverage beyond the requirements in this section.
1691-SECTION 43. IC 5-20-9-8, AS ADDED BY P.L.103-2017,
1692-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1693-JULY 1, 2024]: Sec. 8. (a) The authority may adopt rules under
1694-IC 4-22-2 including emergency rules adopted in the manner provided
1695-by IC 4-22-2-37.1, to establish the policies and procedures required
1696-under section 6 of this chapter and to otherwise implement this chapter.
1697-Rules or emergency rules adopted by the authority under this section
1698-must take effect not later than January 1, 2018.
1699-(b) Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted
1700-by the authority in the manner provided by IC 4-22-2-37.1 to establish
1701-the policies and procedures required under section 6 of this chapter and
1702-to otherwise implement this chapter expires on the date a rule that
1703-supersedes the emergency rule is adopted by the authority under
1704-IC 4-22-2-24 through IC 4-22-2-36.
1705-SECTION 44. IC 5-28-5-8, AS AMENDED BY P.L.140-2013,
1706-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1707-JULY 1, 2024]: Sec. 8. (a) The corporation shall adopt rules under
1708-IC 4-22-2 to carry out its duties under this article. The board may also
1709-adopt emergency rules under IC 4-22-2-37.1 to carry out its duties
1710-under this article.
1711-(b) An emergency rule adopted under subsection (a) expires on the
1712-expiration date stated in the rule.
1713-SEA 4 — CC 1 41
1714-(c) An emergency rule adopted under subsection (a) may be
1715-extended as provided in IC 4-22-2-37.1(g), but the extension period
1716-may not exceed the period for which the original rule was in effect.
1717-SECTION 45. IC 5-33-5-8, AS ADDED BY P.L.78-2019,
1718-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1719-JULY 1, 2024]: Sec. 8. (a) The corporation shall adopt rules under
1720-IC 4-22-2 to carry out its duties under this article. The board may also
1721-adopt emergency rules in the manner provided under IC 4-22-2-37.1 to
1722-carry out its duties under this article.
1723-(b) An emergency rule adopted under subsection (a) expires on the
1724-expiration date stated in the rule.
1725-(c) An emergency rule adopted under subsection (a) may be
1726-extended as provided in IC 4-22-2-37.1(g), but the extension period
1727-may not exceed the period for which the original rule was in effect.
1728-SECTION 46. IC 6-1.1-4-31.7, AS AMENDED BY P.L.146-2008,
1729-SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1730-JULY 1, 2024]: Sec. 31.7. (a) As used in this section, "special master"
1731-refers to a person designated by the Indiana board under subsection (e).
1732-(b) The notice of assessment or reassessment under section 31.5(g)
1733-of this chapter is subject to appeal by the taxpayer to the Indiana board.
1734-The procedures and time limitations that apply to an appeal to the
1735-Indiana board of a determination of the department of local government
1736-finance do not apply to an appeal under this subsection. The Indiana
1737-board may establish applicable procedures and time limitations under
1738-subsection (l).
1739-(c) In order to appeal under subsection (b), the taxpayer must:
1740-(1) participate in the informal hearing process under section 31.6
1741-of this chapter;
1742-(2) except as provided in section 31.6(i) of this chapter, receive
1743-a notice under section 31.6(g) of this chapter; and
1744-(3) file a petition for review with the appropriate county assessor
1745-not later than thirty (30) days after:
1746-(A) the date of the notice to the taxpayer under section 31.6(g)
1747-of this chapter; or
1748-(B) the date after which the department may not change the
1749-amount of the assessment or reassessment under the informal
1750-hearing process described in section 31.6 of this chapter.
1751-(d) The Indiana board may develop a form for petitions under
1752-subsection (c) that outlines:
1753-(1) the appeal process;
1754-(2) the burden of proof; and
1755-(3) evidence necessary to warrant a change to an assessment or
1756-SEA 4 — CC 1 42
1757-reassessment.
1758-(e) The Indiana board may contract with, appoint, or otherwise
1759-designate the following to serve as special masters to conduct
1760-evidentiary hearings and prepare reports required under subsection (g):
1761-(1) Independent, licensed appraisers.
1762-(2) Attorneys.
1763-(3) Certified level two or level three Indiana assessor-appraisers
1764-(including administrative law judges employed by the Indiana
1765-board).
1766-(4) Other qualified individuals.
1767-(f) Each contract entered into under subsection (e) must specify the
1768-appointee's compensation and entitlement to reimbursement for
1769-expenses. The compensation and reimbursement for expenses are paid
1770-from the county property reassessment fund.
1771-(g) With respect to each petition for review filed under subsection
1772-(c), the special masters shall:
1773-(1) set a hearing date;
1774-(2) give notice of the hearing at least thirty (30) days before the
1775-hearing date, by mail, to:
1776-(A) the taxpayer;
1777-(B) the department of local government finance;
1778-(C) the township assessor (if any); and
1779-(D) the county assessor;
1780-(3) conduct a hearing and hear all evidence submitted under this
1781-section; and
1782-(4) make evidentiary findings and file a report with the Indiana
1783-board.
1784-(h) At the hearing under subsection (g):
1785-(1) the taxpayer shall present:
1786-(A) the taxpayer's evidence that the assessment or
1787-reassessment is incorrect;
1788-(B) the method by which the taxpayer contends the assessment
1789-or reassessment should be correctly determined; and
1790-(C) comparable sales, appraisals, or other pertinent
1791-information concerning valuation as required by the Indiana
1792-board; and
1793-(2) the department of local government finance shall present its
1794-evidence that the assessment or reassessment is correct.
1795-(i) The Indiana board may dismiss a petition for review filed under
1796-subsection (c) if the evidence and other information required under
1797-subsection (h)(1) is not provided at the hearing under subsection (g).
1798-(j) The township assessor (if any) and the county assessor may
1799-SEA 4 — CC 1 43
1800-attend and participate in the hearing under subsection (g).
1801-(k) The Indiana board may:
1802-(1) consider the report of the special masters under subsection
1803-(g)(4);
1804-(2) make a final determination based on the findings of the special
1805-masters without:
1806-(A) conducting a hearing; or
1807-(B) any further proceedings; and
1808-(3) incorporate the findings of the special masters into the board's
1809-findings in resolution of the appeal.
1810-(l) The Indiana board may adopt rules under IC 4-22-2-37.1
1811-IC 4-22-2 to:
1812-(1) establish procedures to expedite:
1813-(A) the conduct of hearings under subsection (g); and
1814-(B) the issuance of determinations of appeals under subsection
1815-(k); and
1816-(2) establish deadlines:
1817-(A) for conducting hearings under subsection (g); and
1818-(B) for issuing determinations of appeals under subsection (k).
1819-(m) A determination by the Indiana board of an appeal under
1820-subsection (k) is subject to appeal to the tax court under IC 6-1.1-15.
1821-SECTION 47. IC 6-1.1-22.5-8, AS AMENDED BY P.L.197-2016,
1822-SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1823-JULY 1, 2024]: Sec. 8. (a) Subject to subsection (c), a provisional
1824-statement must:
1825-(1) be on a form prescribed by the department of local
1826-government finance;
1827-(2) except as provided in emergency rules adopted under section
1828-20 of this chapter and subsection (b):
1829-(A) for property taxes first due and payable after 2010 and
1830-billed using a provisional statement under section 6 of this
1831-chapter, indicate:
1832-(i) that the first installment of the taxpayer's tax liability is
1833-an amount equal to fifty percent (50%) of the tax liability
1834-that was payable in the same year as the assessment date for
1835-the property for which the provisional statement is issued,
1836-subject to any adjustments to the tax liability authorized by
1837-the department of local government finance under
1838-subsection (e) and approved by the county treasurer; and
1839-(ii) that the second installment is either the amount specified
1840-in a reconciling statement or, if a reconciling statement is
1841-not sent until after the second installment is due, an amount
1842-SEA 4 — CC 1 44
1843-equal to fifty percent (50%) of the tax liability that was
1844-payable in the same year as the assessment date for the
1845-property for which the provisional statement is issued,
1846-subject to any adjustments to the tax liability authorized by
1847-the department of local government finance under
1848-subsection (e) and approved by the county treasurer; and
1849-(B) for property taxes billed using a provisional statement
1850-under section 6.5 of this chapter, except as provided in
1851-subsection (d), indicate tax liability in an amount determined
1852-by the department of local government finance based on:
1853-(i) subject to subsection (c), for the cross-county entity, the
1854-property tax rate of the cross-county entity for taxes first due
1855-and payable in the immediately preceding calendar year; and
1856-(ii) for all other taxing units that make up the taxing district
1857-or taxing districts that comprise the cross-county area, the
1858-property tax rates of the taxing units for taxes first due and
1859-payable in the current calendar year;
1860-(3) indicate:
1861-(A) that the tax liability under the provisional statement is
1862-determined as described in subdivision (2); and
1863-(B) that property taxes billed on the provisional statement:
1864-(i) are due and payable in the same manner as property taxes
1865-billed on a tax statement under IC 6-1.1-22-8.1; and
1866-(ii) will be credited against a reconciling statement;
1867-(4) for property taxes billed using a provisional statement under
1868-section 6 of this chapter, include a statement in the following or
1869-a substantially similar form, as determined by the department of
1870-local government finance:
1871-"Under Indiana law, ________ County (insert county) has sent
1872-provisional statements. The statement is due to be paid in
1873-installments on __________ (insert date) and ________ (insert
1874-date). The first installment is equal to fifty percent (50%) of your
1875-tax liability for taxes payable in ______ (insert year), subject to
1876-adjustment to the tax liability authorized by the department of
1877-local government finance and approved by the county treasurer.
1878-The second installment is either the amount specified in a
1879-reconciling statement that will be sent to you, or (if a reconciling
1880-statement is not sent until after the second installment is due) an
1881-amount equal to fifty percent (50%) of your tax liability for taxes
1882-payable in ______ (insert year), subject to adjustment to the tax
1883-liability authorized by the department of local government finance
1884-and approved by the county treasurer. After the abstract of
1885-SEA 4 — CC 1 45
1886-property is complete, you will receive a reconciling statement in
1887-the amount of your actual tax liability for taxes payable in ______
1888-(insert year) minus the amount you pay under this provisional
1889-statement.";
1890-(5) for property taxes billed using a provisional statement under
1891-section 6.5 of this chapter, include a statement in the following or
1892-a substantially similar form, as determined by the department of
1893-local government finance:
1894-"Under Indiana law, ________ County (insert county) has elected
1895-to send provisional statements for the territory of
1896-__________________ (insert cross-county entity) located in
1897-________ County (insert county) because the property tax rate for
1898-________________ (insert cross-county entity) was not available
1899-in time to prepare final tax statements. The statement is due to be
1900-paid in installments on __________ (insert date) and _________
1901-(insert date). The statement is based on the property tax rate of
1902-_________________ (insert cross-county entity) for taxes first
1903-due and payable in _____ (insert immediately preceding calendar
1904-year). After the property tax rate of ________________ (insert
1905-cross-county entity) is determined, you will receive a reconciling
1906-statement in the amount of your actual tax liability for taxes
1907-payable in _____ (insert year) minus the amount you pay under
1908-this provisional statement.";
1909-(6) indicate any adjustment to tax liability under subdivision (2)
1910-authorized by the department of local government finance under
1911-subsection (e) and approved by the county treasurer for:
1912-(A) delinquent:
1913-(i) taxes; and
1914-(ii) special assessments;
1915-(B) penalties; and
1916-(C) interest;
1917-(7) in the case of a reconciling statement only, include:
1918-(A) a checklist that shows:
1919-(i) homestead credits under IC 6-1.1-20.4, IC 6-3.6-5, or
1920-another law and all property tax deductions; and
1921-(ii) whether each homestead credit and property tax
1922-deduction were applied in the current provisional statement;
1923-(B) an explanation of the procedure and deadline that a
1924-taxpayer must follow and the forms that must be used if a
1925-credit or deduction has been granted for the property and the
1926-taxpayer is no longer eligible for the credit or deduction; and
1927-(C) an explanation of the tax consequences and applicable
1928-SEA 4 — CC 1 46
1929-penalties if a taxpayer unlawfully claims a standard deduction
1930-under IC 6-1.1-12-37 on:
1931-(i) more than one (1) parcel of property; or
1932-(ii) property that is not the taxpayer's principal place of
1933-residence or is otherwise not eligible for a standard
1934-deduction; and
1935-(8) include any other information the county treasurer requires.
1936-(b) The county may apply a standard deduction, supplemental
1937-standard deduction, or homestead credit calculated by the county's
1938-property system on a provisional bill for a qualified property. If a
1939-provisional bill has been used for property tax billings for two (2)
1940-consecutive years and a property qualifies for a standard deduction,
1941-supplemental standard deduction, or homestead credit for the second
1942-year a provisional bill is used, the county shall apply the standard
1943-deduction, supplemental standard deduction, or homestead credit
1944-calculated by the county's property system on the provisional bill.
1945-(c) For purposes of this section, property taxes that are:
1946-(1) first due and payable in the current calendar year on a
1947-provisional statement under section 6 or 6.5 of this chapter; and
1948-(2) based on property taxes first due and payable in the
1949-immediately preceding calendar year or on a percentage of those
1950-property taxes;
1951-are determined after excluding from the property taxes first due and
1952-payable in the immediately preceding calendar year property taxes
1953-imposed by one (1) or more taxing units in which the tangible property
1954-is located that are attributable to a levy that no longer applies for
1955-property taxes first due and payable in the current calendar year.
1956-(d) If there was no property tax rate of the cross-county entity for
1957-taxes first due and payable in the immediately preceding calendar year
1958-for use under subsection (a)(2)(B), the department of local government
1959-finance shall provide an estimated tax rate calculated to approximate
1960-the actual tax rate that will apply when the tax rate is finally
1961-determined.
1962-(e) The department of local government finance shall:
1963-(1) authorize the types of adjustments to tax liability that a county
1964-treasurer may approve under subsection (a)(2)(A) including:
1965-(A) adjustments for any new construction on the property or
1966-any damage to the property;
1967-(B) any necessary adjustments for credits, deductions, or the
1968-local income tax;
1969-(C) adjustments to include current year special assessments or
1970-exclude special assessments payable in the year of the
1971-SEA 4 — CC 1 47
1972-assessment date but not payable in the current year;
1973-(D) adjustments to include delinquent:
1974-(i) taxes; and
1975-(ii) special assessments;
1976-(E) adjustments to include penalties that are due and owing;
1977-and
1978-(F) adjustments to include interest that is due and owing; and
1979-(2) notify county treasurers in writing of the types of adjustments
1980-authorized under subdivision (1).
1981-SECTION 48. IC 6-1.1-22.5-20, AS AMENDED BY P.L.86-2018,
1982-SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1983-JULY 1, 2024]: Sec. 20. For purposes of a provisional statement under
1984-section 6 of this chapter, the department of local government finance
1985-may adopt emergency rules under IC 4-22-2-37.1 IC 4-22-2 to provide
1986-a methodology for a county treasurer to issue provisional statements
1987-with respect to real property, taking into account new construction of
1988-improvements placed on the real property, damage, and other losses
1989-related to the real property:
1990-(1) after the assessment date of the year preceding the assessment
1991-date to which the provisional statement applies; and
1992-(2) before the assessment date to which the provisional statement
1993-applies.
1994-The department of local government finance may extend an emergency
1995-rule adopted under this section for an unlimited number of extension
1996-periods by adopting another emergency rule under IC 4-22-2-37.1.
1997-SECTION 49. IC 6-1.1-35.5-4.5, AS AMENDED BY P.L.38-2021,
1998-SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1999-JULY 1, 2024]: Sec. 4.5. (a) The department shall:
2000-(1) administer a program for level three assessor-appraiser
2001-certifications;
2002-(2) design a curriculum for level three assessor-appraiser
2003-certification candidates that:
2004-(A) specifies educational criteria for acceptable tested courses
2005-offered by:
2006-(i) nationally recognized assessing organizations;
2007-(ii) postsecondary educational institutions; or
2008-(iii) other education delivery organizations;
2009-in each subject matter area of the curriculum; and
2010-(B) requires superior knowledge of assessment administration
2011-and property valuation concepts; and
2012-(3) carry out a program to approve courses that meet the
2013-requirements of the curriculum described in subdivision (2) and
2014-SEA 4 — CC 1 48
2015-approve course sponsors that provide these courses.
2016-Only an approved sponsor may offer a course that meets the curriculum
2017-requirements for level three assessor-appraiser certification candidates.
2018-The department shall establish procedures and requirements for
2019-courses and course sponsors that permit the department to verify that
2020-sponsors and courses meet the standards established by the department
2021-and that candidates comply with these standards. The department shall
2022-maintain a list of approved sponsors and approved courses that meet
2023-the criteria for the level three assessor-appraiser certification
2024-curriculum designed under subsection (a)(2). subdivision (2).
2025-(b) The department may adopt rules under IC 4-22-2 to implement
2026-this section. The department may adopt temporary rules in the manner
2027-provided for the adoption of emergency rules in IC 4-22-2-37.1 under
2028-IC 4-22-2 to carry out a program to approve courses that meet the
2029-requirements of the curriculum described in subdivision (2) subsection
2030-(a)(2) and approve course sponsors that provide these courses. A
2031-temporary rule adopted under this subsection expires on the earliest of
2032-the following:
2033-(1) The date specified in the temporary rule.
2034-(2) The date that another temporary rule or rule adopted under
2035-IC 4-22-2 supersedes or repeals the temporary rule.
2036-(3) January 1, 2014.
2037-(c) The department of local government finance may establish fair
2038-and reasonable fees for level three assessor-appraiser examinations and
2039-certifications under this chapter. However, the fees do not apply to an
2040-assessing official, a hearing officer for a county property tax
2041-assessment board of appeals, or an employee of an assessing official or
2042-county property tax assessment board of appeals who is taking the level
2043-three examination for the first time.
2044-SECTION 50. IC 6-1.1-50-10, AS ADDED BY P.L.239-2023,
2045-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2046-JULY 1, 2024]: Sec. 10. The department of local government finance
2047-may adopt emergency rules under IC 4-22-2-37.1 IC 4-22-2 to
2048-implement this chapter. An emergency rule adopted under this section
2049-expires on the earlier of the following dates:
2050-(1) The expiration date stated in the emergency rule.
2051-(2) January 1, 2025.
2052-SECTION 51. IC 6-1.5-6-2, AS AMENDED BY P.L.121-2019,
2053-SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2054-JULY 1, 2024]: Sec. 2. (a) The Indiana board may adopt rules under
2055-IC 4-22-2 including emergency rules under IC 4-22-2-37.1, to establish
2056-procedures for the conduct of proceedings before the Indiana board
2057-SEA 4 — CC 1 49
2058-under this article, including procedures for:
2059-(1) prehearing conferences;
2060-(2) hearings;
2061-(3) allowing the Indiana board, upon agreement of all parties to
2062-the proceeding, to determine that a petition does not require a
2063-hearing because it presents substantially the same issue that was
2064-decided in a prior Indiana board determination;
2065-(4) voluntary arbitration;
2066-(5) voluntary mediation;
2067-(6) submission of an agreed record;
2068-(7) upon agreement of all parties to the proceedings, joinder of
2069-petitions concerning the same or similar issues; and
2070-(8) small claims.
2071-(b) Rules under subsection (a)(8):
2072-(1) may include rules that:
2073-(A) prohibit discovery;
2074-(B) restrict the length of a hearing; and
2075-(C) establish when a hearing is not required; and
2076-(2) must allow a party to be able to elect out of the small claims
2077-rules.
2078-SECTION 52. IC 6-1.5-6-3, AS ADDED BY P.L.113-2010,
2079-SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2080-JULY 1, 2024]: Sec. 3. (a) As used in this section, "county board"
2081-means a county property tax assessment board of appeals.
2082-(b) The Indiana board may adopt rules under IC 4-22-2 including
2083-emergency rules under IC 4-22-2-37.1, to establish procedures for its
2084-employees to assist taxpayers and local officials in their attempts to
2085-informally resolve disputes in which:
2086-(1) a taxpayer has filed written notice to obtain a county board's
2087-review of an action by a township or county official; and
2088-(2) the county board has not given written notice of its decision on
2089-the issues under review.
2090-SECTION 53. IC 6-2.5-5-8.2, AS ADDED BY P.L.137-2022,
2091-SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2092-JULY 1, 2024]: Sec. 8.2. (a) Except as provided in subsection (f), a
2093-transaction in which a person acquires an aircraft for rental or leasing
2094-in the ordinary course of the person's business is not exempt from the
2095-state gross retail tax unless the person establishes, under guidelines
2096-adopted by the department in the manner provided in IC 4-22-2,
2097-(including the adoption of emergency rules under IC 4-22-2-37.1), that
2098-the annual amount of the gross lease revenue derived from leasing or
2099-rental of the aircraft, which may include revenue from related party
2100-SEA 4 — CC 1 50
2101-transactions, is equal to or greater than seven and five-tenths percent
2102-(7.5%) of the:
2103-(1) book value of the aircraft, as published in the VREF Aircraft
2104-Value Reference guide for the aircraft; or
2105-(2) net acquisition price for the aircraft, which shall include the
2106-value of any trade or exchange and excluding any sales
2107-commissions paid to third parties.
2108-(b) If a person acquires an aircraft below the VREF Aircraft Value
2109-Reference guide book value as set forth in subsection (a)(1), the person
2110-may appeal to the department for a lower lease or rental threshold equal
2111-to the actual acquisition price paid if the person demonstrates that the
2112-transaction was completed in a commercially reasonable manner based
2113-on the aircraft's age, condition, and equipment.
2114-(c) For purposes of this section, the department may request the
2115-person to submit to the department supporting documents showing that
2116-the aircraft is available for general public lease or rental, copies of
2117-business and aircraft insurance policies, and other documents that
2118-assist the department in determining if an aircraft is exempt from the
2119-state gross retail tax.
2120-(d) A person is required to meet the requirements of subsection (a)
2121-until the earlier of the date the aircraft has generated sales tax on leases
2122-or rental income that is equal to the amount of the original sales tax
2123-exemption, the elapse of thirteen (13) years, or the date the aircraft is
2124-sold. No additional sales or use tax is due from the seller on the seller's
2125-original purchase when the aircraft is sold if the person has met the
2126-terms of this section for all periods prior to the sale.
2127-(e) A person is required to remit the gross retail tax on taxable lease
2128-and rental transactions the entire time the aircraft is used for lease and
2129-rental, even if the aircraft is used for lease and rental beyond a thirteen
2130-(13) year period.
2131-(f) A transaction in which a person acquires an aircraft to rent or
2132-lease the aircraft to another person for predominant use in public
2133-transportation (as provided for in section 27 of this chapter) by the
2134-other person or by an affiliate of the other person is exempt from the
2135-state gross retail tax. The department may not require a person to meet
2136-the revenue threshold in subsection (a) with respect to the person's
2137-leasing or rental of the aircraft to receive or maintain the exemption. To
2138-maintain the exemption provided under this subsection, the department
2139-may require the person to submit annual reports showing that the
2140-aircraft is predominantly used to provide public transportation.
2141-(g) The exemptions allowed under subsections (a) and (f) apply
2142-regardless of the relationship, if any, between the person or lessor and
2143-SEA 4 — CC 1 51
2144-the lessee or renter of the aircraft.
2145-SECTION 54. IC 6-3-2-2, AS AMENDED BY P.L.156-2020,
2146-SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2147-JULY 1, 2024]: Sec. 2. (a) With regard to corporations and nonresident
2148-persons, "adjusted gross income derived from sources within Indiana",
2149-for the purposes of this article, shall mean and include:
2150-(1) income from real or tangible personal property located in this
2151-state;
2152-(2) income from doing business in this state;
2153-(3) income from a trade or profession conducted in this state;
2154-(4) compensation for labor or services rendered within this state;
2155-and
2156-(5) income from stocks, bonds, notes, bank deposits, patents,
2157-copyrights, secret processes and formulas, good will, trademarks,
2158-trade brands, franchises, and other intangible personal property to
2159-the extent that the income is apportioned to Indiana under this
2160-section or if the income is allocated to Indiana or considered to be
2161-derived from sources within Indiana under this section.
2162-Income from a pass through entity shall be characterized in a manner
2163-consistent with the income's characterization for federal income tax
2164-purposes and shall be considered Indiana source income as if the
2165-person, corporation, or pass through entity that received the income had
2166-directly engaged in the income producing activity. Income that is
2167-derived from one (1) pass through entity and is considered to pass
2168-through to another pass through entity does not change these
2169-characteristics or attribution provisions. In the case of nonbusiness
2170-income described in subsection (g), only so much of such income as is
2171-allocated to this state under the provisions of subsections (h) through
2172-(k) shall be deemed to be derived from sources within Indiana. In the
2173-case of business income, only so much of such income as is
2174-apportioned to this state under the provision of subsection (b) shall be
2175-deemed to be derived from sources within the state of Indiana. In the
2176-case of compensation of a team member (as defined in section 2.7 of
2177-this chapter), only the portion of income determined to be Indiana
2178-income under section 2.7 of this chapter is considered derived from
2179-sources within Indiana. In the case of a corporation that is a life
2180-insurance company (as defined in Section 816(a) of the Internal
2181-Revenue Code) or an insurance company that is subject to tax under
2182-Section 831 of the Internal Revenue Code, only so much of the income
2183-as is apportioned to Indiana under subsection (s) is considered derived
2184-from sources within Indiana. Income derived from Indiana shall be
2185-taxable to the fullest extent permitted by the Constitution of the United
2186-SEA 4 — CC 1 52
2187-States and federal law, regardless of whether the taxpayer has a
2188-physical presence in Indiana.
2189-(b) Except as provided in subsection (l), if business income of a
2190-corporation or a nonresident person is derived from sources within the
2191-state of Indiana and from sources without the state of Indiana, the
2192-business income derived from sources within this state shall be
2193-determined by multiplying the business income derived from sources
2194-both within and without the state of Indiana by the following:
2195-(1) For all taxable years that begin after December 31, 2006, and
2196-before January 1, 2008, a fraction. The:
2197-(A) numerator of the fraction is the sum of the property factor
2198-plus the payroll factor plus the product of the sales factor
2199-multiplied by three (3); and
2200-(B) denominator of the fraction is five (5).
2201-(2) For all taxable years that begin after December 31, 2007, and
2202-before January 1, 2009, a fraction. The:
2203-(A) numerator of the fraction is the property factor plus the
2204-payroll factor plus the product of the sales factor multiplied by
2205-four and sixty-seven hundredths (4.67); and
2206-(B) denominator of the fraction is six and sixty-seven
2207-hundredths (6.67).
2208-(3) For all taxable years beginning after December 31, 2008, and
2209-before January 1, 2010, a fraction. The:
2210-(A) numerator of the fraction is the property factor plus the
2211-payroll factor plus the product of the sales factor multiplied by
2212-eight (8); and
2213-(B) denominator of the fraction is ten (10).
2214-(4) For all taxable years beginning after December 31, 2009, and
2215-before January 1, 2011, a fraction. The:
2216-(A) numerator of the fraction is the property factor plus the
2217-payroll factor plus the product of the sales factor multiplied by
2218-eighteen (18); and
2219-(B) denominator of the fraction is twenty (20).
2220-(5) For all taxable years beginning after December 31, 2010, the
2221-sales factor.
2222-(c) The property factor is a fraction, the numerator of which is the
2223-average value of the taxpayer's real and tangible personal property
2224-owned or rented and used in this state during the taxable year and the
2225-denominator of which is the average value of all the taxpayer's real and
2226-tangible personal property owned or rented and used during the taxable
2227-year. However, with respect to a foreign corporation, the denominator
2228-does not include the average value of real or tangible personal property
2229-SEA 4 — CC 1 53
2230-owned or rented and used in a place that is outside the United States.
2231-Property owned by the taxpayer is valued at its original cost. Property
2232-rented by the taxpayer is valued at eight (8) times the net annual rental
2233-rate. Net annual rental rate is the annual rental rate paid by the taxpayer
2234-less any annual rental rate received by the taxpayer from subrentals.
2235-The average of property shall be determined by averaging the values at
2236-the beginning and ending of the taxable year, but the department may
2237-require the averaging of monthly values during the taxable year if
2238-reasonably required to reflect properly the average value of the
2239-taxpayer's property.
2240-(d) The payroll factor is a fraction, the numerator of which is the
2241-total amount paid in this state during the taxable year by the taxpayer
2242-for compensation, and the denominator of which is the total
2243-compensation paid everywhere during the taxable year. However, with
2244-respect to a foreign corporation, the denominator does not include
2245-compensation paid in a place that is outside the United States.
2246-Compensation is paid in this state if:
2247-(1) the individual's service is performed entirely within the state;
2248-(2) the individual's service is performed both within and without
2249-this state, but the service performed without this state is incidental
2250-to the individual's service within this state; or
2251-(3) some of the service is performed in this state and:
2252-(A) the base of operations or, if there is no base of operations,
2253-the place from which the service is directed or controlled is in
2254-this state; or
2255-(B) the base of operations or the place from which the service
2256-is directed or controlled is not in any state in which some part
2257-of the service is performed, but the individual is a resident of
2258-this state.
2259-(e) The sales factor is a fraction, the numerator of which is the total
2260-sales of the taxpayer in this state during the taxable year, and the
2261-denominator of which is the total sales of the taxpayer everywhere
2262-during the taxable year. Sales include receipts from intangible property
2263-and receipts from the sale or exchange of intangible property. However,
2264-with respect to a foreign corporation, the denominator does not include
2265-sales made in a place that is outside the United States. Regardless of
2266-the f.o.b. point or other conditions of the sale, sales of tangible personal
2267-property are in this state if:
2268-(1) the property is delivered or shipped to a purchaser that is
2269-within Indiana, other than the United States government; or
2270-(2) the property is shipped from an office, a store, a warehouse, a
2271-factory, or other place of storage in this state and the purchaser is
2272-SEA 4 — CC 1 54
2273-the United States government.
2274-Gross receipts derived from commercial printing as described in
2275-IC 6-2.5-1-10 and from the sale of software shall be treated as sales of
2276-tangible personal property for purposes of this chapter.
2277-(f) Sales, other than sales of tangible personal property, are in this
2278-state as follows:
2279-(1) The receipts are attributable to Indiana:
2280-(A) under subsection (s), (t), or (u); or
2281-(B) under section 2.2 of this chapter.
2282-(2) The receipts are from the provision of telecommunications
2283-services and broadcast services, provided that:
2284-(A) all of the costs of performance related to the receipts are
2285-attributable to Indiana; or
2286-(B) if the costs of performance are incurred both within and
2287-outside this state, the greater portion of such costs are incurred
2288-in this state than in any other state.
2289-(3) Receipts, other than receipts described in subdivisions (1) and
2290-(2), are in this state if the taxpayer's market for the sales is in this
2291-state. The taxpayer's market for sales is in this state:
2292-(A) in the case of sale, rental, lease, or license of real property,
2293-if and to the extent the property is located in this state;
2294-(B) in the case of rental, lease, or license of tangible personal
2295-property, if and to the extent the property is located in this
2296-state;
2297-(C) in the case of sale of a service, if and to the extent the
2298-benefit of the service is received in this state;
2299-(D) in the case of intangible property that is rented, leased, or
2300-licensed, if and to the extent the property is used in this state,
2301-provided that intangible property used in marketing a good or
2302-service to a consumer is "used in this state" if that good or
2303-service is purchased by a consumer who is in this state; and
2304-(E) in the case of intangible property that is sold, if and to the
2305-extent the property is used in this state, provided that:
2306-(i) a contract right, government license, or similar intangible
2307-property that authorizes the holder to conduct a business
2308-activity in a specific geographic area is "used in this state"
2309-if the geographic area includes all or part of this state;
2310-(ii) receipts from intangible property sales that are
2311-contingent on the productivity, use, or disposition of the
2312-intangible property shall be treated as receipts from the
2313-rental, lease, or licensing of such intangible property under
2314-clause (D); and
2315-SEA 4 — CC 1 55
2316-(iii) all other receipts from a sale of intangible property shall
2317-be excluded from the numerator and denominator of the
2318-receipts factor.
2319-(4) If the state or states of attribution under subdivision (3) cannot
2320-be determined, the state or states of attribution shall be
2321-determined by the state or states in which the delivery of the
2322-service occurs.
2323-(5) If the state of attribution cannot be determined under
2324-subdivision (3) or (4), such receipt shall be excluded from the
2325-denominator of the receipts factor.
2326-(g) Rents and royalties from real or tangible personal property,
2327-capital gains, interest, dividends, or patent or copyright royalties, to the
2328-extent that they constitute nonbusiness income, shall be allocated as
2329-provided in subsections (h) through (k).
2330-(h)(1) Net rents and royalties from real property located in this state
2331-are allocable to this state.
2332-(2) Net rents and royalties from tangible personal property are
2333-allocated to this state:
2334-(i) if and to the extent that the property is utilized in this state; or
2335-(ii) in their entirety if the taxpayer's commercial domicile is in this
2336-state and the taxpayer is not organized under the laws of or
2337-taxable in the state in which the property is utilized.
2338-(3) The extent of utilization of tangible personal property in a state
2339-is determined by multiplying the rents and royalties by a fraction, the
2340-numerator of which is the number of days of physical location of the
2341-property in the state during the rental or royalty period in the taxable
2342-year, and the denominator of which is the number of days of physical
2343-location of the property everywhere during all rental or royalty periods
2344-in the taxable year. If the physical location of the property during the
2345-rental or royalty period is unknown or unascertainable by the taxpayer,
2346-tangible personal property is utilized in the state in which the property
2347-was located at the time the rental or royalty payer obtained possession.
2348-(i)(1) Capital gains and losses from sales of real property located in
2349-this state are allocable to this state.
2350-(2) Capital gains and losses from sales of tangible personal property
2351-are allocable to this state if:
2352-(i) the property had a situs in this state at the time of the sale; or
2353-(ii) the taxpayer's commercial domicile is in this state and the
2354-taxpayer is not taxable in the state in which the property had a
2355-situs.
2356-(3) Capital gains and losses from sales of intangible personal
2357-property are allocable to this state if the taxpayer's commercial
2358-SEA 4 — CC 1 56
2359-domicile is in this state.
2360-(j) Interest and dividends are allocable to this state if the taxpayer's
2361-commercial domicile is in this state.
2362-(k)(1) Patent and copyright royalties are allocable to this state:
2363-(i) if and to the extent that the patent or copyright is utilized by
2364-the taxpayer in this state; or
2365-(ii) if and to the extent that the patent or copyright is utilized by
2366-the taxpayer in a state in which the taxpayer is not taxable and the
2367-taxpayer's commercial domicile is in this state.
2368-(2) A patent is utilized in a state to the extent that it is employed
2369-in production, fabrication, manufacturing, or other processing in
2370-the state or to the extent that a patented product is produced in the
2371-state. If the basis of receipts from patent royalties does not permit
2372-allocation to states or if the accounting procedures do not reflect
2373-states of utilization, the patent is utilized in the state in which the
2374-taxpayer's commercial domicile is located.
2375-(3) A copyright is utilized in a state to the extent that printing or
2376-other publication originates in the state. If the basis of receipts
2377-from copyright royalties does not permit allocation to states or if
2378-the accounting procedures do not reflect states of utilization, the
2379-copyright is utilized in the state in which the taxpayer's
2380-commercial domicile is located.
2381-(l) If the allocation and apportionment provisions of this article do
2382-not fairly represent the taxpayer's income derived from sources within
2383-the state of Indiana, the taxpayer may petition for or the department
2384-may require, in respect to all or any part of the taxpayer's business
2385-activity, if reasonable:
2386-(1) separate accounting;
2387-(2) for a taxable year beginning before January 1, 2011, the
2388-exclusion of any one (1) or more of the factors, except the sales
2389-factor;
2390-(3) the inclusion of one (1) or more additional factors which will
2391-fairly represent the taxpayer's income derived from sources within
2392-the state of Indiana; or
2393-(4) the employment of any other method to effectuate an equitable
2394-allocation and apportionment of the taxpayer's income.
2395-Notwithstanding IC 6-8.1-5-1(c), a taxpayer petitioning for, or the
2396-department requiring, the use of an alternative method to effectuate an
2397-equitable allocation and apportionment of the taxpayer's income under
2398-this subsection bears the burden of proof that the allocation and
2399-apportionment provisions of this article do not fairly represent the
2400-taxpayer's income derived from sources within this state and that the
2401-SEA 4 — CC 1 57
2402-alternative method to the allocation and apportionment provisions of
2403-this article is reasonable.
2404-(m) In the case of two (2) or more organizations, trades, or
2405-businesses owned or controlled directly or indirectly by the same
2406-interests, the department shall distribute, apportion, or allocate the
2407-income derived from sources within the state of Indiana between and
2408-among those organizations, trades, or businesses in order to fairly
2409-reflect and report the income derived from sources within the state of
2410-Indiana by various taxpayers.
2411-(n) For purposes of allocation and apportionment of income under
2412-this article, a taxpayer is taxable in another state if:
2413-(1) in that state the taxpayer is subject to a net income tax, a
2414-franchise tax measured by net income, a franchise tax for the
2415-privilege of doing business, or a corporate stock tax; or
2416-(2) that state has jurisdiction to subject the taxpayer to a net
2417-income tax regardless of whether, in fact, the state does or does
2418-not.
2419-(o) Notwithstanding subsections (l) and (m), the department may
2420-not, under any circumstances, require that income, deductions, and
2421-credits attributable to a taxpayer and another entity be reported in a
2422-combined income tax return for any taxable year, if the other entity is:
2423-(1) a foreign corporation; or
2424-(2) a corporation that is classified as a foreign operating
2425-corporation for the taxable year by section 2.4 of this chapter.
2426-(p) Notwithstanding subsections (l) and (m), the department may not
2427-require that income, deductions, and credits attributable to a taxpayer
2428-and another entity not described in subsection (o)(1) or (o)(2) be
2429-reported in a combined income tax return for any taxable year, unless
2430-the department is unable to fairly reflect the taxpayer's adjusted gross
2431-income for the taxable year through use of other powers granted to the
2432-department by subsections (l) and (m).
2433-(q) Notwithstanding subsections (o) and (p), one (1) or more
2434-taxpayers may petition the department under subsection (l) for
2435-permission to file a combined income tax return for a taxable year. The
2436-petition to file a combined income tax return must be completed and
2437-filed with the department not more than thirty (30) days after the end
2438-of the taxpayer's taxable year.
2439-(r) A taxpayer who desires to discontinue filing a combined income
2440-tax return for any reason must petition the department within thirty (30)
2441-days after the end of the taxpayer's taxable year for permission to
2442-discontinue filing a combined income tax return.
2443-(s) This subsection applies to a corporation that is a life insurance
2444-SEA 4 — CC 1 58
2445-company (as defined in Section 816(a) of the Internal Revenue Code)
2446-or an insurance company that is subject to tax under Section 831 of the
2447-Internal Revenue Code. The corporation's adjusted gross income that
2448-is derived from sources within Indiana is determined by multiplying the
2449-corporation's adjusted gross income by a fraction:
2450-(1) the numerator of which is the direct premiums and annuity
2451-considerations received during the taxable year for insurance
2452-upon property or risks in the state; and
2453-(2) the denominator of which is the direct premiums and annuity
2454-considerations received during the taxable year for insurance
2455-upon property or risks everywhere.
2456-The term "direct premiums and annuity considerations" means the
2457-gross premiums received from direct business as reported in the
2458-corporation's annual statement filed with the department of insurance.
2459-(t) This subsection applies to receipts derived from motorsports
2460-racing.
2461-(1) Any purse, prize money, or other amounts earned for
2462-placement or participation in a race or portion thereof, including
2463-qualification, shall be attributed to Indiana if the race is conducted
2464-in Indiana.
2465-(2) Any amounts received from an individual or entity as a result
2466-of sponsorship or similar promotional consideration for one (1) or
2467-more races shall be in this state in the amount received, multiplied
2468-by the following fraction:
2469-(A) The numerator of the fraction is the number of racing
2470-events for which sponsorship or similar promotional
2471-consideration has been paid in a taxable year and that occur in
2472-Indiana.
2473-(B) The denominator of the fraction is the total number of
2474-racing events for which sponsorship or similar promotional
2475-consideration has been paid in a taxable year.
2476-(3) Any amounts earned as an incentive for placement or
2477-participation in one (1) or more races and that are not covered
2478-under subdivision (1) or (2) or under IC 6-3-2-3.2 section 3.2 of
2479-this chapter shall be attributed to Indiana in the proportion of the
2480-races that occurred in Indiana.
2481-This subsection, as enacted in 2013, is intended to be a clarification of
2482-the law and not a substantive change in the law.
2483-(u) For purposes of this section and section 2.2 of this chapter, the
2484-following apply:
2485-(1) For taxable years beginning after December 25, 2016, if a
2486-taxpayer is required to include amounts in the taxpayer's federal
2487-SEA 4 — CC 1 59
2488-adjusted gross income, federal taxable income, or IRC 965
2489-Transition Tax Statement, line 1 as a result of Section 965 of the
2490-Internal Revenue Code, the following apply:
2491-(A) For an entity that is not eligible to claim a deduction under
2492-IC 6-3-2-12, section 12 of this chapter, these amounts shall
2493-not be receipts in any taxable year for the entity.
2494-(B) For an entity that is eligible to claim a deduction under
2495-IC 6-3-2-12, section 12 of this chapter, these amounts shall
2496-be receipts in the year in which the amounts are reported by
2497-the entity as adjusted gross income under this article, but only
2498-to the extent of:
2499-(i) any amounts includible after application of
2500-IC 6-3-1-3.5(b)(13), IC 6-3-1-3.5(d)(12), and
2501-IC 6-3-1-3.5(e)(12); minus
2502-(ii) the deduction taken under IC 6-3-2-12 section 12 of this
2503-chapter with regard to that income.
2504-This subdivision applies regardless of the taxable year in which
2505-the money or property was actually received.
2506-(2) If a taxpayer is required to include amounts in the taxpayer's
2507-federal adjusted gross income or federal taxable income as a
2508-result of Section 951A of the Internal Revenue Code the
2509-following apply:
2510-(A) For an entity that is not eligible to claim a deduction under
2511-IC 6-3-2-12, section 12 of this chapter, the receipts that
2512-generated the income shall not be included as a receipt in any
2513-taxable year.
2514-(B) For an entity that is eligible to claim a deduction under
2515-IC 6-3-2-12, section 12 of this chapter, the amounts included
2516-in federal gross income as a result of Section 951A of the
2517-Internal Revenue Code, reduced by the deduction allowable
2518-under IC 6-3-2-12 section 12 of this chapter with regard to
2519-that income, shall be considered a receipt in the year in which
2520-the amounts are includible in federal taxable income.
2521-(3) Receipts do not include receipts derived from sources outside
2522-the United States to the extent the taxpayer is allowed a deduction
2523-or exclusion in determining both the taxpayer's federal taxable
2524-income as a result of the federal Tax Cuts and Jobs Act of 2017
2525-and the taxpayer's adjusted gross income under this chapter. If any
2526-portion of the federal taxable income derived from these receipts
2527-is deductible under IC 6-3-2-12, section 12 of this chapter,
2528-receipts shall be reduced by the proportion of the deduction
2529-allowable under IC 6-3-2-12 section 12 of this chapter with
2530-SEA 4 — CC 1 60
2531-regard to that federal taxable income.
2532-Receipts includible in a taxable year under subdivisions (1) and (2)
2533-shall be considered dividends from investments for apportionment
2534-purposes.
2535-(v) The following apply:
2536-(1) The department may adopt rules under IC 4-22, IC 4-22-2
2537-including emergency rules that shall be applied retroactively to
2538-January 1, 2019, to specify where sales, receipts, income,
2539-transactions, or costs are attributable under this section and
2540-section 2.2 of this chapter.
2541-(2) Rules adopted under subdivision (1) must be consistent with
2542-the Multistate Tax Commission model regulations for income tax
2543-apportionment as in effect on January 1, 2019, including any
2544-specialized industry provisions, except to the extent expressly
2545-inconsistent with this chapter. A rule is valid unless the rule is not
2546-consistent with the Multistate Tax Commission model
2547-regulations. If a rule is partially valid and partially invalid, the
2548-rule remains in effect to the extent the rule is valid.
2549-(3) In the absence of rules, or to the extent a rule adopted under
2550-subdivision (1) is determined to be invalid, sales shall be sourced
2551-in the manner consistent with the Multistate Tax Commission
2552-model regulations for income tax apportionment as in effect on
2553-January 1, 2019, including any specialized industry provisions,
2554-except to the extent expressly inconsistent with this chapter.
2555-SECTION 55. IC 6-3.1-4-8, AS ADDED BY P.L.108-2019,
2556-SECTION 121, IS AMENDED TO READ AS FOLLOWS
2557-[EFFECTIVE JULY 1, 2024]: Sec. 8. (a) If a taxpayer claims a credit
2558-for Indiana qualified research expenses under this chapter for a taxable
2559-year, the taxpayer must report to the department whether it has:
2560-(1) determined a credit for those Indiana qualified research
2561-expenses under either Section 41(a)(1) of the Internal Revenue
2562-Code or Section 41(c)(4) of the Internal Revenue Code for that
2563-taxable year; and
2564-(2) claimed the determined credit for those Indiana qualified
2565-research expenses under either Section 41(a)(1) of the Internal
2566-Revenue Code or Section 41(c)(4) of the Internal Revenue Code
2567-for that taxable year.
2568-(b) If a taxpayer claims a credit for those qualified research
2569-expenses under this chapter for a taxable year and does not claim a
2570-credit for those qualified research expenses for federal tax purposes
2571-under Section 41(a)(1) of the Internal Revenue Code or Section
2572-41(c)(4) of the Internal Revenue Code in that taxable year, the taxpayer
2573-SEA 4 — CC 1 61
2574-must disclose to the department any reasons for not claiming the credit
2575-for those Indiana qualified research expenses for federal purposes for
2576-the taxable year. The disclosure under this subsection shall be made in
2577-the manner specified by the department.
2578-(c) For purposes of IC 6-3-4-6 and IC 6-8.1-5-2, a change to the
2579-federal credit under Section 41(a)(1) of the Internal Revenue Code or
2580-Section 41(c)(4) of the Internal Revenue Code shall be considered a
2581-modification.
2582-(d) The department may adopt rules under IC 4-22-2 including
2583-emergency rules, governing this section.
2584-SECTION 56. IC 6-7-4-14, AS ADDED BY P.L.165-2021,
2585-SECTION 119, IS AMENDED TO READ AS FOLLOWS
2586-[EFFECTIVE JULY 1, 2024]: Sec. 14. The department may adopt rules
2587-under IC 4-22-2 necessary to enforce this chapter. including emergency
2588-rules under IC 4-22-2-37.1.
2589-SECTION 57. IC 6-8.1-3-8, AS AMENDED BY P.L.146-2020,
2590-SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2591-JULY 1, 2024]: Sec. 8. (a) The department may prescribe qualifications
2592-a person must have to represent a taxpayer before the department.
2593-However, a person may not represent a taxpayer before the department,
2594-unless:
2595-(1) the taxpayer is present at all times when the representation
2596-occurs; or
2597-(2) the person representing the taxpayer has a properly executed
2598-power of attorney authorizing the person to represent the
2599-taxpayer.
2600-(b) Notwithstanding any other law, the department may require a
2601-power of attorney relating to a listed tax to be completed on a form
2602-prescribed by the department.
2603-(c) The department may accept a power of attorney that names an
2604-entity as a representative of a taxpayer, subject to rules adopted under
2605-IC 4-22-2. including emergency rules adopted in the manner provided
2606-in IC 4-22-2-37.1. Notwithstanding this article or IC 30-5, the
2607-department may adopt rules under IC 4-22-2 including emergency rules
2608-adopted in manner provided in IC 4-22-2-37.1, allowing a change of
2609-individuals acting on behalf of the entity without requiring a new or
2610-amended power of attorney to be completed by the taxpayer.
2611-SECTION 58. IC 6-8.1-3-17, AS AMENDED BY P.L.146-2020,
2612-SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2613-JULY 1, 2024]: Sec. 17. (a) Before an original tax appeal is filed with
2614-the tax court under IC 33-26, the commissioner, or the taxpayer rights
2615-advocate office to the extent granted the authority by the commissioner,
2616-SEA 4 — CC 1 62
2617-may settle any tax liability dispute if a substantial doubt exists as to:
2618-(1) the constitutionality of the tax under the Constitution of the
2619-State of Indiana;
2620-(2) the right to impose the tax;
2621-(3) the correct amount of tax due;
2622-(4) the collectability of the tax; or
2623-(5) whether the taxpayer is a resident or nonresident of Indiana.
2624-(b) After an original tax appeal is filed with the tax court under
2625-IC 33-26, and notwithstanding IC 4-6-2-11, the commissioner may
2626-settle a tax liability dispute with an amount in contention of twenty-five
2627-thousand dollars ($25,000) or less. Notwithstanding IC 6-8.1-7-1(a),
2628-the terms of a settlement under this subsection are available for public
2629-inspection.
2630-(c) The department shall establish an amnesty program for taxpayers
2631-having an unpaid tax liability for a listed tax that was due and payable
2632-for a tax period ending before January 1, 2013. A taxpayer is not
2633-eligible for the amnesty program:
2634-(1) for any tax liability resulting from the taxpayer's failure to
2635-comply with IC 6-3-1-3.5(b)(3) with regard to the tax imposed by
2636-IC 4-33-13 or IC 4-35-8; or
2637-(2) if the taxpayer participated in any previous amnesty program
2638-under:
2639-(A) this section (as in effect on December 31, 2014); or
2640-(B) IC 6-2.5-14.
2641-The time in which a voluntary payment of tax liability may be made (or
2642-the taxpayer may enter into a payment program acceptable to the
2643-department for the payment of the unpaid listed taxes in full in the
2644-manner and time established in a written payment program agreement
2645-between the department and the taxpayer) under the amnesty program
2646-is limited to the period determined by the department, not to exceed
2647-eight (8) regular business weeks ending before the earlier of the date
2648-set by the department or January 1, 2017. The amnesty program must
2649-provide that, upon payment by a taxpayer to the department of all listed
2650-taxes due from the taxpayer for a tax period (or payment of the unpaid
2651-listed taxes in full in the manner and time established in a written
2652-payment program agreement between the department and the taxpayer),
2653-entry into an agreement that the taxpayer is not eligible for any other
2654-amnesty program that may be established and waives any part of
2655-interest and penalties on the same type of listed tax that is being
2656-granted amnesty in the current amnesty program, and compliance with
2657-all other amnesty conditions adopted under a rule of the department in
2658-effect on the date the voluntary payment is made, the department:
2659-SEA 4 — CC 1 63
2660-(1) shall abate and not seek to collect any interest, penalties,
2661-collection fees, or costs that would otherwise be applicable;
2662-(2) shall release any liens imposed;
2663-(3) shall not seek civil or criminal prosecution against any
2664-individual or entity; and
2665-(4) shall not issue, or, if issued, shall withdraw, an assessment, a
2666-demand notice, or a warrant for payment under IC 6-8.1-5-1,
2667-IC 6-8.1-5-3, IC 6-8.1-8-2, or another law against any individual
2668-or entity;
2669-for listed taxes due from the taxpayer for the tax period for which
2670-amnesty has been granted to the taxpayer. Amnesty granted under this
2671-subsection is binding on the state and its agents. However, failure to
2672-pay to the department all listed taxes due for a tax period invalidates
2673-any amnesty granted under this subsection for that tax period. The
2674-department shall conduct an assessment of the impact of the tax
2675-amnesty program on tax collections and an analysis of the costs of
2676-administering the tax amnesty program. As soon as practicable after the
2677-end of the tax amnesty period, the department shall submit a copy of
2678-the assessment and analysis to the legislative council in an electronic
2679-format under IC 5-14-6. The department shall enforce an agreement
2680-with a taxpayer that prohibits the taxpayer from receiving amnesty in
2681-another amnesty program.
2682-(d) For purposes of subsection (c), a liability for a listed tax is due
2683-and payable if:
2684-(1) the department has issued:
2685-(A) an assessment of the listed tax under IC 6-8.1-5-1;
2686-(B) a demand for payment under IC 6-8.1-5-3; or
2687-(C) a demand notice for payment of the listed tax under
2688-IC 6-8.1-8-2;
2689-(2) the taxpayer has filed a return or an amended return in which
2690-the taxpayer has reported a liability for the listed tax; or
2691-(3) the taxpayer has filed a written statement of liability for the
2692-listed tax in a form that is satisfactory to the department.
2693-(e) The department may waive interest and penalties if the general
2694-assembly enacts a change in a listed tax for a tax period that increases
2695-a taxpayer's tax liability for that listed tax after the due date for that
2696-listed tax and tax period. However, such a waiver shall apply only to
2697-the extent of the increase in tax liability and only for a period not
2698-exceeding sixty (60) days after the change is enacted. The department
2699-may adopt rules under IC 4-22-2 including emergency rules, or issue
2700-guidelines to carry out this subsection.
2701-SECTION 59. IC 6-8.1-16.3-9, AS ADDED BY P.L.147-2018,
2702-SEA 4 — CC 1 64
2703-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2704-JULY 1, 2024]: Sec. 9. The department may adopt rules under
2705-IC 4-22-2 including emergency rules in the manner provided under
2706-IC 4-22-2-37.1, to implement this chapter. An emergency rule
2707-implemented under this section expires on the earlier of the following
2708-dates:
2709-(1) The expiration date stated in the emergency rule.
2710-(2) The date the emergency rule is amended or repealed by a later
2711-rule or emergency rule adopted under IC 4-22-2-24 through
2712-IC 4-22-2-36 or in the manner provided under IC 4-22-2-37.1.
2713-SECTION 60. IC 6-8.1-18-10, AS ADDED BY P.L.97-2021,
2714-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2715-JULY 1, 2024]: Sec. 10. The department may adopt rules under
2716-IC 4-22-2 including emergency rules in the manner provided under
2717-IC 4-22-2-37.1, for the administration and enforcement of this chapter.
2718-SECTION 61. IC 7.1-3-17.5-4, AS AMENDED BY P.L.233-2007,
2719-SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2720-JULY 1, 2024]: Sec. 4. The commission may adopt emergency rules
2721-under IC 4-22-2-37.1 IC 4-22-2 concerning the following for a gaming
2722-site permit:
2723-(1) Issuance.
2724-(2) Scope.
2725-(3) Permit fee.
2726-(4) Expiration.
2727-(5) Revocation and suspension.
2728-SECTION 62. IC 7.1-3-17.7-5, AS AMENDED BY P.L.291-2013,
2729-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2730-JULY 1, 2024]: Sec. 5. The commission may adopt rules under
2731-IC 4-22-2 including emergency rules adopted in the manner provided
2732-under IC 4-22-2-37.1, concerning the following for a horse track permit
2733-or a satellite facility permit:
2734-(1) Issuance.
2735-(2) Scope.
2736-(3) Permit fee.
2737-(4) Expiration.
2738-(5) Revocation and suspension.
2739-SECTION 63. IC 8-1-2-42, AS AMENDED BY P.L.61-2022,
2740-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2741-JULY 1, 2024]: Sec. 42. (a) No change shall be made in any schedule,
2742-including schedules of joint rates, except upon thirty (30) days notice
2743-to the commission, and approval by the commission, and all such
2744-changes shall be plainly indicated upon existing schedules or by filing
2745-SEA 4 — CC 1 65
2746-new schedules in lieu thereof thirty (30) days prior to the time the same
2747-are to take effect. The commission may prescribe a shorter time within
2748-which a change may be made. A public, municipally owned, or
2749-cooperatively owned utility may not file a request for a general increase
2750-in its basic rates and charges within fifteen (15) months after the filing
2751-date of its most recent request for a general increase in its basic rates
2752-and charges, except that the commission may order a more timely
2753-increase if:
2754-(1) the requested increase relates to a different type of utility
2755-service;
2756-(2) the commission finds that the utility's financial integrity or
2757-service reliability is threatened; or
2758-(3) the increase is based on:
2759-(A) a rate structure previously approved by the commission; or
2760-(B) orders of federal courts or federal regulatory agencies
2761-having jurisdiction over the utility.
2762-The phrase "general increase in basic rates and charges" does not
2763-include changes in rates related solely to the cost of fuel or to the cost
2764-of purchased gas or purchased electricity or adjustments in accordance
2765-with tracking provisions approved by the commission. In addition to
2766-other tracking provisions the commission finds appropriate, the
2767-commission may approve periodic tracking mechanisms for water
2768-utilities and wastewater utilities to permit recovery of changes in
2769-property taxes. The commission may also approve periodic tracking
2770-mechanisms calculated to recover from customers located within the
2771-geographic boundaries of local units of government the incremental
2772-costs of operation and maintenance of water utilities and wastewater
2773-utilities resulting from policies or ordinances that are adopted by those
2774-local units and that the commission determines to be unusual but not
2775-necessarily unreasonable under section 101 of this chapter. The
2776-commission shall adopt rules under IC 4-22-2 including emergency
2777-rules in the manner provided by IC 4-22-2-37.1, to define what is
2778-unreasonable with respect to road cut permits and other specifications
2779-or policies established by a local unit that imposes costs on water or
2780-wastewater utilities.
2781-(b) No schedule of rates, tolls, and charges of a public, municipally
2782-owned, or cooperatively owned utility which includes or authorizes any
2783-changes in charges based upon costs is effective without the approval
2784-of the commission. Before the commission approves any changes in the
2785-schedule of rates, tolls, and charges of an electric utility, which
2786-generates and sells electricity, based upon the cost of fuel to generate
2787-electricity or upon the cost of fuel included in the cost of purchased
2788-SEA 4 — CC 1 66
2789-electricity, the utility consumer counselor shall examine the books and
2790-records of the public, municipally owned, or cooperatively owned
2791-generating utility to determine the cost of fuel upon which the proposed
2792-charges are based. In addition, before such a fuel cost charge becomes
2793-effective, the commission shall hold a summary hearing on the sole
2794-issue of the fuel charge. The utility consumer counselor shall conduct
2795-the utility consumer counselor's review and make a report to the
2796-commission within twenty (20) days after the utility's request for the
2797-fuel cost charge is filed. The commission shall hold the summary
2798-hearing and issue its order within twenty (20) days after it receives the
2799-utility consumer counselor's report. The provisions of this section and
2800-sections 39, 43, 54, 55, 56, 59, 60, and 61 of this chapter concerning
2801-the filing, printing, and changing of rate schedules and the time
2802-required for giving notice of hearing and requiring publication of notice
2803-do not apply to such a fuel cost charge or such a summary hearing.
2804-(c) Regardless of the pendency of any request for a fuel cost charge
2805-by any electric utility, the books and records pertaining to the cost of
2806-fuel of all public, municipally owned, or cooperatively owned utilities
2807-that generate electricity shall be examined by the utility consumer
2808-counselor not less often than quarterly, and the books and records of all
2809-electric nongenerating public, municipally owned, or cooperatively
2810-owned utilities shall be examined by the utility consumer counselor not
2811-less often than annually. The utility consumer counselor shall provide
2812-the commission with a report as to the examination of said books and
2813-records within a reasonable time following said examination. The
2814-utility consumer counselor may, if appropriate, request of the
2815-commission a reduction or elimination of the fuel cost charge. Upon
2816-such request, the commission shall hold a hearing forthwith in the
2817-manner provided in sections 58, 59, and 60 of this chapter.
2818-(d) An electric generating utility may apply for a change in its fuel
2819-charge not more often than each three (3) months. When such
2820-application is filed the petitioning utility shall show to the commission
2821-its cost of fuel to generate electricity and the cost of fuel included in the
2822-cost of purchased electricity, for the period between its last order from
2823-the commission approving fuel costs in its basic rates and the latest
2824-month for which actual fuel costs are available. The petitioning utility
2825-shall also estimate its average fuel costs for the three (3) calendar
2826-months subsequent to the expiration of the twenty (20) day period
2827-allowed the commission in subsection (b). The commission shall
2828-conduct a formal hearing solely on the fuel cost charge requested in the
2829-petition subject to the notice requirements of IC 8-1-1-8 and shall grant
2830-the electric utility the requested fuel cost charge if it finds that:
2831-SEA 4 — CC 1 67
2832-(1) the electric utility has made every reasonable effort to acquire
2833-fuel and generate or purchase power or both so as to provide
2834-electricity to its retail customers at the lowest fuel cost reasonably
2835-possible;
2836-(2) the actual increases in fuel cost through the latest month for
2837-which actual fuel costs are available since the last order of the
2838-commission approving basic rates and charges of the electric
2839-utility have not been offset by actual decreases in other operating
2840-expenses;
2841-(3) the fuel adjustment charge applied for will not result in the
2842-electric utility earning a return in excess of the return authorized
2843-by the commission in the last proceeding in which the basic rates
2844-and charges of the electric utility were approved. However,
2845-subject to section 42.3 of this chapter, if the fuel charge applied
2846-for will result in the electric utility earning a return in excess of
2847-the return authorized by the commission, in the last proceeding in
2848-which basic rates and charges of the electric utility were
2849-approved, the fuel charge applied for will be reduced to the point
2850-where no such excess of return will be earned; and
2851-(4) the utility's estimate of its prospective average fuel costs for
2852-each such three (3) calendar months are reasonable after taking
2853-into consideration:
2854-(A) the actual fuel costs experienced by the utility during the
2855-latest three (3) calendar months for which actual fuel costs are
2856-available; and
2857-(B) the estimated fuel costs for the same latest three (3)
2858-calendar months for which actual fuel costs are available.
2859-(e) Should the commission at any time determine that an emergency
2860-exists that could result in an abnormal change in fuel costs, it may, in
2861-order to protect the public from the adverse effects of such change
2862-suspend the provisions of subsection (d) as to the utility or utilities
2863-affected by such an emergency and initiate such procedures as may be
2864-necessary to protect both the public and the utility from harm. The
2865-commission shall lift the suspension when it is satisfied the emergency
2866-no longer exists.
2867-(f) Any change in the fuel cost charge granted by the commission
2868-under the provisions of this section shall be reflected in the rates
2869-charged by the utility in the same manner as any other changes in rates
2870-granted by the commission in a case approving the basic rates and
2871-charges of the utility. However, the utility may file the change as a
2872-separate amendment to its rate schedules with a reasonable reference
2873-in the amendment that such charge is applicable to all of its filed rate
2874-SEA 4 — CC 1 68
2875-schedules.
2876-(g) No schedule of rates, tolls, and charges of a public, municipally
2877-owned, or cooperatively owned gas utility that includes or authorizes
2878-any changes in charges based upon gas costs is effective without the
2879-approval of the commission except those rates, tolls, and charges
2880-contained in schedules that contain specific provisions for changes in
2881-gas costs or the cost of gas that have previously been approved by the
2882-commission. Gas costs or cost of gas may include the gas utility's costs
2883-for gas purchased by it from pipeline suppliers, costs incurred for
2884-leased gas storage and related transportation, costs for supplemental
2885-and substitute gas supplies, costs incurred for exploration and
2886-development of its own sources of gas supplies and other expenses
2887-relating to gas costs as shall be approved by the commission. Changes
2888-in a gas utility's rates, tolls, and charges based upon changes in its gas
2889-costs shall be made in accordance with the following:
2890-(1) Before the commission approves any changes in the schedule
2891-of rates, tolls, and charges of a gas utility based upon the cost of
2892-the gas, the utility consumer counselor may examine the books
2893-and records of the public, municipally owned, or cooperatively
2894-owned gas utility to determine the cost of gas upon which the
2895-proposed changes are based. In addition, before such an
2896-adjustment to the gas cost charge becomes effective, the
2897-commission shall hold a summary hearing on the sole issue of the
2898-gas cost adjustment. The utility consumer counselor shall conduct
2899-the utility consumer counselor's review and make a report to the
2900-commission within thirty (30) days after the utility's request for
2901-the gas cost adjustment is filed. The commission shall hold the
2902-summary hearing and issue its order within thirty (30) days after
2903-it receives the utility consumer counselor's report. The provisions
2904-of this section and sections 39, 43, 54, 55, 56, 59, 60, and 61 of
2905-this chapter concerning the filing, printing, and changing of rate
2906-schedules and the time required for giving notice of hearing and
2907-requiring publication of notice do not apply to such a gas cost
2908-adjustment or such a summary hearing.
2909-(2) Regardless of the pendency of any request for a gas cost
2910-adjustment by any gas utility, the books and records pertaining to
2911-cost of gas of all public, municipally owned, or cooperatively
2912-owned gas utilities shall be examined by the utility consumer
2913-counselor not less often than annually. The utility consumer
2914-counselor shall provide the commission with a report as to the
2915-examination of said books and records within a reasonable time
2916-following said examination. The utility consumer counselor may,
2917-SEA 4 — CC 1 69
2918-if appropriate, request of the commission a reduction or
2919-elimination of the gas cost adjustment. Upon such request, the
2920-commission shall hold a hearing forthwith in the manner provided
2921-in sections 58, 59, and 60 of this chapter.
2922-(3) A gas utility may apply for a change in its gas cost charge not
2923-more often than each three (3) months. When such application is
2924-filed, the petitioning utility shall show to the commission its cost
2925-of gas for the period between its last order from the commission
2926-approving gas costs in its basic rates and the latest month for
2927-which actual gas costs are available. The petitioning utility shall
2928-also estimate its average gas costs for a recovery period of not less
2929-than the three (3) calendar months subsequent to the expiration of
2930-the thirty (30) day period allowed the commission in subdivision
2931-(1). The commission shall conduct a summary hearing solely on
2932-the gas cost adjustment requested in the petition subject to the
2933-notice requirements of IC 8-1-1-8 and may grant the gas utility the
2934-requested gas cost charge if it finds that:
2935-(A) the gas utility has made every reasonable effort to acquire
2936-long term gas supplies so as to provide gas to its retail
2937-customers at the lowest gas cost reasonably possible;
2938-(B) the pipeline supplier or suppliers of the gas utility has
2939-requested or has filed for a change in the costs of gas pursuant
2940-to the jurisdiction and procedures of a duly constituted
2941-regulatory authority;
2942-(C) the gas cost adjustment applied for will not result, in the
2943-case of a public utility, in its earning a return in excess of the
2944-return authorized by the commission in the last proceeding in
2945-which the basic rates and charges of the public utility were
2946-approved; however, subject to section 42.3 of this chapter, if
2947-the gas cost adjustment applied for will result in the public
2948-utility earning a return in excess of the return authorized by the
2949-commission in the last proceeding in which basic rates and
2950-charges of the gas utility were approved, the gas cost
2951-adjustment applied for will be reduced to the point where no
2952-such excess of return will be earned; and
2953-(D) the utility's estimate of its prospective average gas costs
2954-for each such future recovery period is reasonable and gives
2955-effect to:
2956-(i) the actual gas costs experienced by the utility during the
2957-latest recovery period for which actual gas costs are
2958-available; and
2959-(ii) the actual gas costs recovered by the adjustment of the
2960-SEA 4 — CC 1 70
2961-same recovery period.
2962-(4) Should the commission at any time determine that an
2963-emergency exists that could result in an abnormal change in gas
2964-costs, it may, in order to protect the public or the utility from the
2965-adverse effects of such change suspend the provisions of
2966-subdivision (3) as to the utility or utilities affected by such an
2967-emergency and initiate such procedures as may be necessary to
2968-protect both the public and the utility from harm. The commission
2969-shall lift the suspension when it is satisfied the emergency no
2970-longer exists.
2971-(5) Any change in the gas cost charge granted by the commission
2972-under the provisions of this section shall be reflected in the rates
2973-charged by the utility in the same manner as any other changes in
2974-rates granted by the commission in a case approving the basic
2975-rates and charges of the utility. However, the utility may file the
2976-change as a separate amendment to its rate schedules with a
2977-reasonable reference in the amendment that such charge is
2978-applicable to all of its filed rate schedules.
2979-SECTION 64. IC 8-1-2-101.5, AS ADDED BY P.L.160-2020,
2980-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2981-JULY 1, 2024]: Sec. 101.5. (a) This section applies to:
2982-(1) a water main extension;
2983-(2) a wastewater main extension; or
2984-(3) an agreement that:
2985-(A) is for a water main extension or a wastewater main
2986-extension; and
2987-(B) is entered into after June 30, 2020, by a utility and the
2988-person requesting the extension.
2989-(b) As used in this section, "utility" means a municipally owned
2990-utility (as defined in IC 8-1-2-1(h)) that provides water service or
2991-wastewater service, or both, to the public.
2992-(c) With respect to any water main extension or wastewater main
2993-extension, a utility shall comply with the commission's rules governing
2994-water main extensions or wastewater main extensions, as applicable,
2995-including:
2996-(1) 170 IAC 6-1.5, in the case of a water main extension; or
2997-(2) 170 IAC 8.5-4, in the case of a wastewater main extension;
2998-as may be amended by the commission, regardless of whether the
2999-utility is subject to the jurisdiction of the commission for the approval
3000-of rates and charges. However, a utility is not required to comply with
3001-any provisions in the commission's main extension rules that require
3002-reporting to the commission.
3003-SEA 4 — CC 1 71
3004-(d) Disputes arising under this section may be submitted as informal
3005-complaints to the commission's consumer affairs division, in
3006-accordance with IC 8-1-2-34.5(b) and the commission's rules under 170
3007-IAC 16, including provisions for referrals and appeals to the full
3008-commission, regardless of whether the person requesting the extension
3009-is a customer of the utility.
3010-(e) The commission shall adopt by:
3011-(1) order; or
3012-(2) rule under IC 4-22-2;
3013-other procedures not inconsistent with this section that the commission
3014-determines to be reasonable or necessary to administer this section. In
3015-adopting the rules under this section, the commission may adopt
3016-emergency rules in the manner provided by IC 4-22-2-37.1.
3017-Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the
3018-commission under this subsection and in the manner provided by
3019-IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
3020-emergency rule is adopted by the commission under IC 4-22-2-24
3021-through IC 4-22-2-36.
3022-(f) If the commission determines that it requires additional staff to
3023-handle the volume of informal complaints submitted under this section,
3024-the commission may impose a fee under this section. Any fee charged
3025-by the commission under this section may:
3026-(1) not exceed:
3027-(A) the commission's actual costs in administering this section;
3028-or
3029-(B) seven hundred fifty dollars ($750);
3030-whichever is less; and
3031-(2) be assessed against the party against whom a decision is
3032-rendered under this section.
3033-SECTION 65. IC 8-1-2-113 IS AMENDED TO READ AS
3034-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 113. (a) The
3035-commission may, when it considers necessary to prevent injury to the
3036-business or interests of the people or any public utility of this state in
3037-case of any emergency to be judged by the commission, temporarily
3038-alter, amend, or with the consent of the public utility concerned,
3039-suspend any existing rates, service, practices, schedules, and order
3040-relating to or affecting any public utility or part of any public utility in
3041-this state. The alterations, amendments, or suspensions of the rates,
3042-service, schedules, or practices made by the commission shall apply to
3043-one (1) or more of the public utilities in this state or to any portion
3044-thereof, as directed by the commission, and shall take effect at the time
3045-and remain in force for the length of time prescribed by the
3046-SEA 4 — CC 1 72
3047-commission.
3048-(b) The commission may adopt emergency rules under
3049-IC 4-22-2-37.1 IC 4-22-2 to carry out this section.
3050-SECTION 66. IC 8-1-2.7-15.5, AS ADDED BY P.L.233-2017,
3051-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3052-JULY 1, 2024]: Sec. 15.5. (a) This section applies to a utility that is
3053-described in section 1.3(a)(1)(B) of this chapter that has properly
3054-withdrawn from commission jurisdiction under this chapter.
3055-(b) As used in this section, "committee" refers to a policy review
3056-committee established under this section.
3057-(c) A policy review committee may be established for a utility if the
3058-lesser of:
3059-(1) one hundred (100); or
3060-(2) more than fifty percent (50%);
3061-of the utility's customers file, individually or collectively, with the
3062-utility's board of directors, a verified petition under subsection (d) to
3063-establish the committee.
3064-(d) A petition under this section must provide for the following:
3065-(1) A procedure for establishing districts within the utility's
3066-service territory and for electing members, who must be
3067-customers of the utility residing within the established districts,
3068-to serve as members of the committee.
3069-(2) The terms of the members of the committee.
3070-(3) Procedures by which the committee is authorized to do the
3071-following:
3072-(A) Receive complaints from customers of the utility
3073-concerning:
3074-(i) rules and policies established by the utility's board of
3075-directors;
3076-(ii) the utility's rates and charges;
3077-(iii) utility service quality; or
3078-(iv) other matters concerning the utility's operations,
3079-management, or service, as specifically set forth in the
3080-petition.
3081-(B) Attempt to negotiate a resolution with the utility's board of
3082-directors with respect to a complaint received under clause
3083-(A).
3084-(C) Seek mediation to be overseen by the office of the attorney
3085-general with respect to complaints that are not resolved
3086-through negotiations described in clause (B).
3087-(4) Other matters that the petitioners consider appropriate with
3088-respect to the utility's operations, management, or service.
3089-SEA 4 — CC 1 73
3090-(e) The attorney general may adopt rules under IC 4-22-2 including
3091-emergency rules in the manner provided under IC 4-22-2-37.1, to
3092-implement this section.
3093-SECTION 67. IC 8-1-8.5-12.1, AS AMENDED BY P.L.33-2023,
3094-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3095-JULY 1, 2024]: Sec. 12.1. (a) As used in this section, "small modular
3096-nuclear reactor" means a nuclear reactor that:
3097-(1) has a rated electric generating capacity of not more than four
3098-hundred seventy (470) megawatts;
3099-(2) is capable of being constructed and operated, either:
3100-(A) alone; or
3101-(B) in combination with one (1) or more similar reactors if
3102-additional reactors are, or become, necessary;
3103-at a single site; and
3104-(3) is required to be licensed by the United States Nuclear
3105-Regulatory Commission.
3106-The term includes a nuclear reactor that is described in this subsection
3107-and that uses a process to produce hydrogen that can be used for energy
3108-storage, as a fuel, or for other uses.
3109-(b) Not later than July 1, 2023, the commission, in consultation with
3110-the department of environmental management, shall adopt rules under
3111-IC 4-22-2 concerning the granting of certificates under this chapter for
3112-the construction, purchase, or lease of small modular nuclear reactors:
3113-(1) in Indiana for the generation of electricity to be directly or
3114-indirectly used to furnish public utility service to Indiana
3115-customers; or
3116-(2) at the site of a nuclear energy production or generating facility
3117-that supplies electricity to Indiana retail customers on July 1,
3118-2011.
3119-(c) Rules adopted by the commission under this section must
3120-provide for the following:
3121-(1) That in acting on a public utility's petition for the construction,
3122-purchase, or lease of one (1) or more small modular nuclear
3123-reactors, as described in subsection (b), the commission shall
3124-consider the following:
3125-(A) Whether, and to what extent, the one (1) or more small
3126-modular nuclear reactors proposed by the public utility will
3127-replace a loss of generating capacity in the public utility's
3128-portfolio resulting from the retirement or planned retirement
3129-of one (1) or more of the public utility's existing electric
3130-generating facilities that:
3131-(i) are located in Indiana; and
3132-SEA 4 — CC 1 74
3133-(ii) use coal or natural gas as a fuel source.
3134-(B) Whether one (1) or more of the small modular nuclear
3135-reactors that will replace an existing facility will be located on
3136-the same site as or near the existing facility and, if so, potential
3137-opportunities for the public utility to:
3138-(i) make use of any land and existing infrastructure or
3139-facilities already owned or under the control of the public
3140-utility; or
3141-(ii) create new employment opportunities for workers who
3142-have been, or would be, displaced as a result of the
3143-retirement of the existing facility.
3144-(2) That the commission may grant a certificate under this chapter
3145-under circumstances and for locations other than those described
3146-in subdivision (1).
3147-(3) That the commission may not grant a certificate under this
3148-chapter unless the owner or operator of a proposed small modular
3149-nuclear reactor provides evidence of a plan to apply for all
3150-licenses or permits to construct or operate the proposed small
3151-modular nuclear reactor as may be required by:
3152-(A) the United States Nuclear Regulatory Commission;
3153-(B) the department of environmental management; or
3154-(C) any other relevant state or federal regulatory agency with
3155-jurisdiction over the construction or operation of nuclear
3156-generating facilities.
3157-(4) That any:
3158-(A) reports;
3159-(B) notices of violations; or
3160-(C) other notifications;
3161-sent to or from the United States Nuclear Regulatory Commission
3162-by or to the owner or operator of a proposed small nuclear reactor
3163-must be submitted by the owner or operator to the commission
3164-within such times as prescribed by the commission, subject to the
3165-commission's duty to treat as confidential and protect from public
3166-access and disclosure any information that is contained in a report
3167-or notice and that is considered confidential or exempt from
3168-public access and disclosure under state or federal law.
3169-(5) That any person that owns or operates a small modular nuclear
3170-reactor in Indiana may not store:
3171-(A) spent nuclear fuel (as defined in IC 13-11-2-216); or
3172-(B) high level radioactive waste (as defined in
3173-IC 13-11-2-102);
3174-from the small modular nuclear reactor on the site of the small
3175-SEA 4 — CC 1 75
3176-modular nuclear reactor without first meeting all applicable
3177-requirements of the United States Nuclear Regulatory
3178-Commission.
3179-(d) In adopting the rules required by this section, the commission
3180-may adopt emergency rules in the manner provided by IC 4-22-2-37.1.
3181-under IC 4-22-2. Notwithstanding IC 4-22-2-37.1(g), an emergency
3182-rule adopted by the commission under this subsection and in the
3183-manner provided by IC 4-22-2-37.1 expires on the date on which a rule
3184-that supersedes the emergency rule is adopted by the commission under
3185-IC 4-22-2-24 through IC 4-22-2-36.
3186-(e) This section shall not be construed to affect the authority of the
3187-United States Nuclear Regulatory Commission.
3188-SECTION 68. IC 8-1-8.5-13, AS AMENDED BY P.L.55-2023,
3189-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3190-JULY 1, 2024]: Sec. 13. (a) The general assembly finds that it is in the
3191-public interest to support the reliability, availability, and diversity of
3192-electric generating capacity in Indiana for the purpose of providing
3193-reliable and stable electric service to customers of public utilities.
3194-(b) As used in this section, "appropriate regional transmission
3195-organization", with respect to a public utility, refers to the regional
3196-transmission organization approved by the Federal Energy Regulatory
3197-Commission for the control area that includes the public utility's
3198-assigned service area (as defined in IC 8-1-2.3-2).
3199-(c) As used in this section, "capacity market" means an auction
3200-conducted by an appropriate regional transmission organization to
3201-determine a market clearing price for capacity based on the planning
3202-reserve margin requirements established by the appropriate regional
3203-transmission organization for a planning year with respect to which an
3204-auction has not yet been conducted.
3205-(d) As used in this section, "fall unforced capacity", or "fall UCAP",
3206-with respect to an electric generating facility, means:
3207-(1) the capacity value of the electric generating facility's installed
3208-capacity rate adjusted for the electric generating facility's average
3209-forced outage rate for the fall period, calculated as required by the
3210-appropriate regional transmission organization or by the Federal
3211-Energy Regulatory Commission;
3212-(2) a metric that is similar to the metric described in subdivision
3213-(1) and that is required by the appropriate regional transmission
3214-organization; or
3215-(3) if the appropriate regional transmission organization does not
3216-require a metric described in subdivision (1) or (2), a metric that:
3217-(A) can be used to demonstrate that a public utility has
3218-SEA 4 — CC 1 76
3219-sufficient capacity to:
3220-(i) provide reliable electric service to Indiana customers for
3221-the fall period; and
3222-(ii) meet its planning reserve margin requirement and other
3223-federal reliability requirements described in subsection
3224-(l)(4); and
3225-(B) is acceptable to the commission.
3226-(e) As used in this section, "MISO" refers to the regional
3227-transmission organization known as the Midcontinent Independent
3228-System Operator that operates the bulk power transmission system
3229-serving most of the geographic territory in Indiana.
3230-(f) As used in this section, "planning reserve margin requirement",
3231-with respect to a public utility for a particular resource planning year,
3232-means the planning reserve margin requirement for that planning year
3233-that the public utility is obligated to meet in accordance with the public
3234-utility's membership in the appropriate regional transmission
3235-organization.
3236-(g) As used in this section, "reliability adequacy metrics", with
3237-respect to a public utility, means calculations used to demonstrate all
3238-of the following:
3239-(1) Subject to subsection (q)(2)(B), that the public utility:
3240-(A) has in place sufficient summer UCAP; or
3241-(B) can reasonably acquire not more than:
3242-(i) thirty percent (30%) of its total summer UCAP from
3243-capacity markets, with respect to a report filed with the
3244-commission under subsection (l) before July 1, 2023; or
3245-(ii) fifteen percent (15%) of its total summer UCAP from
3246-capacity markets, with respect to a report filed with the
3247-commission under subsection (l) after June 30, 2023;
3248-such that it will have sufficient summer UCAP;
3249-to provide reliable electric service to Indiana customers, and to
3250-meet its planning reserve margin requirement and other federal
3251-reliability requirements described in subsection (l)(4).
3252-(2) Subject to subsection (q)(2)(B), that the public utility:
3253-(A) has in place sufficient winter UCAP; or
3254-(B) can reasonably acquire not more than:
3255-(i) thirty percent (30%) of its total winter UCAP from
3256-capacity markets, with respect to a report filed with the
3257-commission under subsection (l) before July 1, 2023; or
3258-(ii) fifteen percent (15%) of its total winter UCAP from
3259-capacity markets, with respect to a report filed with the
3260-commission under subsection (l) after June 30, 2023;
3261-SEA 4 — CC 1 77
3262-such that it will have sufficient winter UCAP;
3263-to provide reliable electric service to Indiana customers, and to
3264-meet its planning reserve margin requirement and other federal
3265-reliability requirements described in subsection (l)(4).
3266-(3) Subject to subsection (q)(2)(B), with respect to a report filed
3267-with the commission under subsection (l) after June 30, 2026, that
3268-the public utility:
3269-(A) has in place sufficient spring UCAP; or
3270-(B) can reasonably acquire not more than fifteen percent
3271-(15%) of its total spring UCAP from capacity markets, such
3272-that it will have sufficient spring UCAP;
3273-to provide reliable electric service to Indiana customers, and to
3274-meet its planning reserve margin requirement and other federal
3275-reliability requirements described in subsection (l)(4).
3276-(4) Subject to subsection (q)(2)(B), with respect to a report filed
3277-with the commission under subsection (l) after June 30, 2026, that
3278-the public utility:
3279-(A) has in place sufficient fall UCAP; or
3280-(B) can reasonably acquire not more than fifteen percent
3281-(15%) of its total fall UCAP from capacity markets, such that
3282-it will have sufficient fall UCAP;
3283-to provide reliable electric service to Indiana customers, and to
3284-meet its planning reserve margin requirement and other federal
3285-reliability requirements described in subsection (l)(4).
3286-(h) As used in this section, "spring unforced capacity", or "spring
3287-UCAP", with respect to an electric generating facility, means:
3288-(1) the capacity value of the electric generating facility's installed
3289-capacity rate adjusted for the electric generating facility's average
3290-forced outage rate for the spring period, calculated as required by
3291-the appropriate regional transmission organization or by the
3292-Federal Energy Regulatory Commission;
3293-(2) a metric that is similar to the metric described in subdivision
3294-(1) and that is required by the appropriate regional transmission
3295-organization; or
3296-(3) if the appropriate regional transmission organization does not
3297-require a metric described in subdivision (1) or (2), a metric that:
3298-(A) can be used to demonstrate that a public utility has
3299-sufficient capacity to:
3300-(i) provide reliable electric service to Indiana customers for
3301-the spring period; and
3302-(ii) meet its planning reserve margin requirement and other
3303-federal reliability requirements described in subsection
3304-SEA 4 — CC 1 78
3305-(l)(4); and
3306-(B) is acceptable to the commission.
3307-(i) As used in this section, "summer unforced capacity", or "summer
3308-UCAP", with respect to an electric generating facility, means:
3309-(1) the capacity value of the electric generating facility's installed
3310-capacity rate adjusted for the electric generating facility's average
3311-forced outage rate for the summer period, calculated as required
3312-by the appropriate regional transmission organization or by the
3313-Federal Energy Regulatory Commission; or
3314-(2) a metric that is similar to the metric described in subdivision
3315-(1) and that is required by the appropriate regional transmission
3316-organization.
3317-(j) As used in this section, "winter unforced capacity", or "winter
3318-UCAP", with respect to an electric generating facility, means:
3319-(1) the capacity value of the electric generating facility's installed
3320-capacity rate adjusted for the electric generating facility's average
3321-forced outage rate for the winter period, calculated as required by
3322-the appropriate regional transmission organization or by the
3323-Federal Energy Regulatory Commission;
3324-(2) a metric that is similar to the metric described in subdivision
3325-(1) and that is required by the appropriate regional transmission
3326-organization; or
3327-(3) if the appropriate regional transmission organization does not
3328-require a metric described in subdivision (1) or (2), a metric that:
3329-(A) can be used to demonstrate that a public utility has
3330-sufficient capacity to:
3331-(i) provide reliable electric service to Indiana customers for
3332-the winter period; and
3333-(ii) meet its planning reserve margin requirement and other
3334-federal reliability requirements described in subsection
3335-(l)(4); and
3336-(B) is acceptable to the commission.
3337-(k) A public utility that owns and operates an electric generating
3338-facility serving customers in Indiana shall operate and maintain the
3339-facility using good utility practices and in a manner:
3340-(1) reasonably intended to support the provision of reliable and
3341-economic electric service to customers of the public utility; and
3342-(2) reasonably consistent with the resource reliability
3343-requirements of MISO or any other appropriate regional
3344-transmission organization.
3345-(l) Not later than thirty (30) days after the deadline for submitting
3346-an annual planning reserve margin report to MISO, each public utility
3347-SEA 4 — CC 1 79
3348-providing electric service to Indiana customers shall, regardless of
3349-whether the public utility is required to submit an annual planning
3350-reserve margin report to MISO, file with the commission a report, in a
3351-form specified by the commission, that provides the following
3352-information for each of the next three (3) resource planning years,
3353-beginning with the planning year covered by the planning reserve
3354-margin report to MISO described in this subsection:
3355-(1) The:
3356-(A) capacity;
3357-(B) location; and
3358-(C) fuel source;
3359-for each electric generating facility that is owned and operated by
3360-the electric utility and that will be used to provide electric service
3361-to Indiana customers.
3362-(2) The amount of generating resource capacity or energy, or
3363-both, that the public utility has procured under contract and that
3364-will be used to provide electric service to Indiana customers,
3365-including the:
3366-(A) capacity;
3367-(B) location; and
3368-(C) fuel source;
3369-for each electric generating facility that will supply capacity or
3370-energy under the contract, to the extent known by the public
3371-utility.
3372-(3) The amount of demand response resources available to the
3373-public utility under contracts and tariffs.
3374-(4) The following:
3375-(A) The planning reserve margin requirements established by
3376-MISO for the planning years covered by the report, to the
3377-extent known by the public utility with respect to any
3378-particular planning year covered by the report.
3379-(B) If applicable, any other planning reserve margin
3380-requirement that:
3381-(i) applies to the planning years covered by the report; and
3382-(ii) the public utility is obligated to meet in accordance with
3383-the public utility's membership in an appropriate regional
3384-transmission organization;
3385-to the extent known by the public utility with respect to any
3386-particular planning year covered by the report.
3387-(C) Other federal reliability requirements that the public utility
3388-is obligated to meet in accordance with its membership in an
3389-appropriate regional transmission organization with respect to
3390-SEA 4 — CC 1 80
3391-the planning years covered by the report, to the extent known
3392-by the public utility with respect to any particular planning
3393-year covered by the report.
3394-For each planning reserve margin requirement reported under
3395-clause (A) or (B), the public utility shall include a comparison of
3396-that planning reserve margin requirement to the planning reserve
3397-margin requirement established by the same regional transmission
3398-organization for the 2021-2022 planning year.
3399-(5) The reliability adequacy metrics of the public utility, as
3400-forecasted for the three (3) planning years covered by the report.
3401-(m) Upon request by a public utility, the commission shall
3402-determine whether information provided in a report filed by the public
3403-utility under subsection (l):
3404-(1) is confidential under IC 5-14-3-4 or is a trade secret under
3405-IC 24-2-3;
3406-(2) is exempt from public access and disclosure by Indiana law;
3407-and
3408-(3) shall be treated as confidential and protected from public
3409-access and disclosure by the commission.
3410-(n) A joint agency created under IC 8-1-2.2 may file the report
3411-required under subsection (l) as a consolidated report on behalf of any
3412-or all of the municipally owned utilities that make up its membership.
3413-(o) A:
3414-(1) corporation organized under IC 23-17 that is an electric
3415-cooperative and that has at least one (1) member that is a
3416-corporation organized under IC 8-1-13; or
3417-(2) general district corporation within the meaning of
3418-IC 8-1-13-23;
3419-may file the report required under subsection (l) as a consolidated
3420-report on behalf of any or all of the cooperatively owned electric
3421-utilities that it serves.
3422-(p) In reviewing a report filed by a public utility under subsection
3423-(l), the commission may request technical assistance from MISO or any
3424-other appropriate regional transmission organization in determining:
3425-(1) the planning reserve margin requirements or other federal
3426-reliability requirements that the public utility is obligated to meet,
3427-as described in subsection (l)(4); and
3428-(2) whether the resources available to the public utility under
3429-subsections (l)(1) through (l)(3) will be adequate to support the
3430-provision of reliable electric service to the public utility's Indiana
3431-customers.
3432-(q) If, after reviewing a report filed by a public utility under
3433-SEA 4 — CC 1 81
3434-subsection (l), the commission is not satisfied that the public utility
3435-can:
3436-(1) provide reliable electric service to the public utility's Indiana
3437-customers; or
3438-(2) either:
3439-(A) satisfy both:
3440-(i) its planning reserve margin requirement or other federal
3441-reliability requirements that the public utility is obligated to
3442-meet, as described in subsection (l)(4); and
3443-(ii) the reliability adequacy metrics set forth in subsection
3444-(g); or
3445-(B) provide sufficient reason as to why the public utility is
3446-unable to satisfy both:
3447-(i) its planning reserve margin requirement or other federal
3448-reliability requirements that the public utility is obligated to
3449-meet, as described in subsection (l)(4); and
3450-(ii) the reliability adequacy metrics set forth in subsection
3451-(g);
3452-during one (1) more of the planning years covered by the report, the
3453-commission may conduct an investigation under IC 8-1-2-58 through
3454-IC 8-1-2-60 as to the reasons for the public utility's potential inability
3455-to meet the requirements described in subdivision (1) or (2), or both.
3456-(r) If, upon investigation under IC 8-1-2-58 through IC 8-1-2-60,
3457-and after notice and hearing, as required by IC 8-1-2-59, the
3458-commission determines that the capacity resources available to the
3459-public utility under subsections (l)(1) through (l)(3) will not be
3460-adequate to support the provision of reliable electric service to the
3461-public utility's Indiana customers, or to allow the public utility to satisfy
3462-both its planning reserve margin requirements or other federal
3463-reliability requirements that the public utility is obligated to meet (as
3464-described in subsection (l)(4)) and the reliability adequacy metrics set
3465-forth in subsection (g), the commission shall issue an order directing
3466-the public utility to acquire or construct such capacity resources that
3467-are reasonable and necessary to enable the public utility to provide
3468-reliable electric service to its Indiana customers, and to satisfy both its
3469-planning reserve margin requirements or other federal reliability
3470-requirements described in subsection (l)(4) and the reliability adequacy
3471-metrics set forth in subsection (g). Not later than ninety (90) days after
3472-the date of the commission's order under this subsection, the public
3473-utility shall file for approval with the commission a plan to comply with
3474-the commission's order. The public utility's plan may include:
3475-(1) a request for a certificate of public convenience and necessity
3476-SEA 4 — CC 1 82
3477-under this chapter; or
3478-(2) an application under IC 8-1-8.8;
3479-or both.
3480-(s) Beginning in 2022, the commission shall include in its annual
3481-report under IC 8-1-1-14 the following information:
3482-(1) The commission's analysis regarding the ability of public
3483-utilities to:
3484-(A) provide reliable electric service to Indiana customers; and
3485-(B) satisfy both:
3486-(i) their planning reserve margin requirements or other
3487-federal reliability requirements; and
3488-(ii) the reliability adequacy metrics set forth in subsection
3489-(g);
3490-for the next three (3) utility resource planning years, based on the
3491-most recent reports filed by public utilities under subsection (l).
3492-(2) A summary of:
3493-(A) the projected demand for retail electricity in Indiana over
3494-the next calendar year; and
3495-(B) the amount and type of capacity resources committed to
3496-meeting the projected demand.
3497-In preparing the summary required under this subdivision, the
3498-commission may consult with the forecasting group established
3499-under section 3.5 of this chapter.
3500-(3) Beginning with the commission's annual report filed under
3501-IC 8-1-1-14 in 2025, the commission's analysis regarding the
3502-appropriate percentage or portion of:
3503-(A) total spring UCAP that public utilities should be
3504-authorized to acquire from capacity markets under subsection
3505-(g)(3)(B); and
3506-(B) total fall UCAP that public utilities should be authorized
3507-to acquire from capacity markets under subsection (g)(4)(B).
3508-(t) The commission may adopt rules under IC 4-22-2 to implement
3509-this section. In adopting rules to implement this section, the
3510-commission may adopt emergency rules in the manner provided by
3511-IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency rule
3512-adopted by the commission under this subsection and in the manner
3513-provided by IC 4-22-2-37.1 expires on the date on which a rule that
3514-supersedes the emergency rule is adopted by the commission under
3515-IC 4-22-2-24 through IC 4-22-2-36.
3516-SECTION 69. IC 8-1-26-18.5, AS ADDED BY P.L.46-2020,
3517-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3518-JULY 1, 2024]: Sec. 18.5. (a) This section applies to any new or
3519-SEA 4 — CC 1 83
3520-replacement underground facility that an operator installs or causes to
3521-be installed after June 30, 2020, in any public right-of-way or on any
3522-private property.
3523-(b) Subject to any other applicable federal or state laws or
3524-regulations, for any new or replacement underground facility that an
3525-operator installs or causes to be installed, the operator shall ensure that:
3526-(1) the materials from which the facility is constructed are capable
3527-of being detected from above ground level using standard
3528-equipment and technologies used by the utility locating industry,
3529-such as electromagnetic locating equipment and electromagnetic
3530-induction surveys; or
3531-(2) if the materials from which the facility is constructed are not
3532-capable of being detected from above ground level using standard
3533-locating techniques, as described in subdivision (1), the facility is:
3534-(A) encased by conductive material; or
3535-(B) equipped with an electrically conducting wire or other
3536-means of locating the facility while it is underground.
3537-(c) The commission may adopt rules under IC 4-22-2 to implement
3538-this section. including emergency rules in the manner provided under
3539-IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency rule
3540-adopted by the commission under this subsection and in the manner
3541-provided under IC 4-22-2-37.1 expires on the date on which a rule that
3542-supersedes the emergency rule is adopted by the commission under
3543-IC 4-22-2-24 through IC 4-22-2-36.
3544-SECTION 70. IC 8-1-34-24.5, AS AMENDED BY P.L.71-2022,
3545-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3546-JULY 1, 2024]: Sec. 24.5. (a) This section applies to any unit that
3547-receives franchise fees paid to the unit under:
3548-(1) a certificate issued by the commission under this chapter; or
3549-(2) an unexpired local franchise issued by the unit before July 1,
3550-2006;
3551-with respect to a particular calendar year.
3552-(b) For each calendar year, beginning with the calendar year ending
3553-December 31, 2012, each unit to which this section applies shall
3554-submit to the commission, on a form or in the manner prescribed by the
3555-commission, a report that includes the following information for each
3556-certificate or local franchise in effect in the unit during the calendar
3557-year for which the report is submitted:
3558-(1) The amount of franchise fees paid to the unit under the
3559-certificate or local franchise.
3560-(2) The account of the unit into which the franchise fees identified
3561-under subdivision (1) were deposited.
3562-SEA 4 — CC 1 84
3563-(3) The purposes for which any franchise fees received by the unit
3564-during:
3565-(A) the calendar year for which the report is submitted; or
3566-(B) a previous calendar year;
3567-were used or spent by the unit during the calendar year for which
3568-the report is submitted.
3569-(4) Any other information or data concerning the receipt and use
3570-of franchise fees that the commission considers appropriate.
3571-(c) The commission shall prescribe the form of the report and the
3572-process, deadlines, and other requirements for submitting the report
3573-required under this section.
3574-(d) Upon receiving the annual reports required under this section,
3575-the commission shall compile and organize the data and information
3576-contained in the reports. The commission shall include a summary of
3577-the data and information contained in the reports in the commission's
3578-annual report under IC 8-1-1-14(c)(4). However, this subsection does
3579-not empower the commission to disclose confidential and proprietary
3580-business plans and other confidential information without adequate
3581-protection of the information. The commission shall exercise all
3582-necessary caution to avoid disclosure of confidential information
3583-supplied under this section.
3584-(e) The commission may adopt rules under IC 4-22-2 including
3585-emergency rules under IC 4-22-2-37.1, to implement this section. An
3586-emergency rule adopted by the commission under IC 4-22-2-37.1
3587-expires on the date a rule that supersedes the emergency rule is adopted
3588-by the commission under IC 4-22-2-24 through IC 4-22-2-36 and not
3589-ninety (90) days after the rule is accepted for filing as provided in
3590-IC 4-22-2-37.1(g). However, any emergency rules adopted by the
3591-commission under this subsection must take effect by a date that
3592-enables a unit subject to this section to comply with this section with
3593-respect to the calendar year ending December 31, 2012.
3594-SECTION 71. IC 8-1-37-10, AS AMENDED BY P.L.71-2022,
3595-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3596-JULY 1, 2024]: Sec. 10. (a) Subject to subsection (d), the commission
3597-shall adopt rules under IC 4-22-2 to establish the Indiana voluntary
3598-clean energy portfolio standard program. The program established
3599-under this section must be a voluntary program that provides incentives
3600-to participating electricity suppliers that undertake to supply specified
3601-percentages of the total electricity supplied to their Indiana retail
3602-electric customers from clean energy.
3603-(b) The rules adopted by the commission under this section to
3604-establish the program must:
3605-SEA 4 — CC 1 85
3606-(1) incorporate:
3607-(A) the CPS goals set forth in section 12(a) of this chapter;
3608-(B) methods for measuring and evaluating a participating
3609-electricity supplier's compliance with the CPS goals set forth
3610-in section 12(a) of this chapter; and
3611-(C) the financial incentives and periodic rate adjustment
3612-mechanisms set forth in section 13 of this chapter;
3613-(2) require the commission to determine, before approving an
3614-application under section 11 of this chapter, that the approval of
3615-the application will not result in an increase to the retail rates and
3616-charges of the electricity supplier above what could reasonably be
3617-expected if the application were not approved;
3618-(3) take effect not later than January 1, 2012; and
3619-(4) be consistent with this chapter.
3620-(c) Upon the effective date of the rules adopted by the commission
3621-under this section, an electricity supplier may apply to the commission
3622-under section 11 of this chapter for approval to participate in the
3623-program.
3624-(d) The commission may adopt emergency rules under
3625-IC 4-22-2-37.1 IC 4-22-2 to adopt the rules required by this section.
3626-An emergency rule adopted by the commission under IC 4-22-2-37.1
3627-expires on the date a rule that supersedes the emergency rule is adopted
3628-by the commission under IC 4-22-2-24 through IC 4-22-2-36.
3629-SECTION 72. IC 8-1-40-12, AS ADDED BY P.L.264-2017,
3630-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3631-JULY 1, 2024]: Sec. 12. (a) Before January 1, 2018, the commission
3632-shall amend 170 IAC 4-4.2-4, and an electricity supplier shall amend
3633-the electricity supplier's net metering tariff, to do the following:
3634-(1) Increase the allowed limit on the aggregate amount of net
3635-metering facility nameplate capacity under the net metering tariff
3636-to one and one-half percent (1.5%) of the most recent summer
3637-peak load of the electricity supplier.
3638-(2) Modify the required reservation of capacity under the limit
3639-described in subdivision (1) to require the reservation of:
3640-(A) forty percent (40%) of the capacity for participation by
3641-residential customers; and
3642-(B) fifteen percent (15%) of the capacity for participation by
3643-customers that install a net metering facility that uses a
3644-renewable energy resource described in IC 8-1-37-4(a)(5).
3645-(b) In amending 170 IAC 4-4.2-4, as required by subsection (a), the
3646-commission may adopt emergency rules in the manner provided by
3647-IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency rule
3648-SEA 4 — CC 1 86
3649-adopted by the commission under this section and in the manner
3650-provided by IC 4-22-2-37.1 expires on the date on which a rule that
3651-supersedes the emergency rule is adopted by the commission under
3652-IC 4-22-2-24 through IC 4-22-2-36.
3653-SECTION 73. IC 8-1-40-21, AS ADDED BY P.L.264-2017,
3654-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3655-JULY 1, 2024]: Sec. 21. (a) Subject to subsection (b) and sections 10
3656-and 11 of this chapter, after June 30, 2017, the commission's rules and
3657-standards set forth in:
3658-(1) 170 IAC 4-4.2 (concerning net metering); and
3659-(2) 170 IAC 4-4.3 (concerning interconnection);
3660-remain in effect and apply to net metering under an electricity
3661-supplier's net metering tariff and to distributed generation under this
3662-chapter.
3663-(b) After June 30, 2017, the commission may adopt changes under
3664-IC 4-22-2 including emergency rules in the manner provided by
3665-IC 4-22-2-37.1, to the rules and standards described in subsection (a)
3666-only as necessary to:
3667-(1) update fees or charges;
3668-(2) adopt revisions necessitated by new technologies; or
3669-(3) reflect changes in safety, performance, or reliability standards.
3670-Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the
3671-commission under this subsection and in the manner provided by
3672-IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
3673-emergency rule is adopted by the commission under IC 4-22-2-24
3674-through IC 4-22-2-36.
3675-SECTION 74. IC 8-1-40-23, AS ADDED BY P.L.264-2017,
3676-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3677-JULY 1, 2024]: Sec. 23. (a) A customer that produces distributed
3678-generation has the following rights regarding the installation and
3679-ownership of distributed generation equipment:
3680-(1) The right to know that the attorney general is authorized to
3681-enforce this section, including by receiving complaints
3682-concerning the installation and ownership of distributed
3683-generation equipment.
3684-(2) The right to know the expected amount of electricity that will
3685-be produced by the distributed generation equipment that the
3686-customer is purchasing.
3687-(3) The right to know all costs associated with installing
3688-distributed generation equipment, including any taxes for which
3689-the customer is liable.
3690-(4) The right to know the value of all federal, state, or local tax
3691-SEA 4 — CC 1 87
3692-credits or other incentives or rebates that the customer may
3693-receive.
3694-(5) The right to know the rate at which the customer will be
3695-credited for electricity produced by the customer's distributed
3696-generation equipment and delivered to a public utility (as defined
3697-in IC 8-1-2-1).
3698-(6) The right to know if a provider of distributed generation
3699-equipment insures the distributed generation equipment against
3700-damage or loss and, if applicable, any circumstances under which
3701-the provider does not insure against or otherwise cover damage to
3702-or loss of the distributed generation equipment.
3703-(7) The right to know the responsibilities of a provider of
3704-distributed generation equipment with respect to installing or
3705-removing distributed generation equipment.
3706-(b) The attorney general, in consultation with the commission, shall
3707-adopt rules under IC 4-22-2 that the attorney general considers
3708-necessary to implement and enforce this section, including a rule
3709-requiring written disclosure of the rights set forth in subsection (a) by
3710-a provider of distributed generation equipment to a customer. In
3711-adopting the rules required by this subsection, the attorney general may
3712-adopt emergency rules in the manner provided by IC 4-22-2-37.1.
3713-Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the
3714-attorney general under this subsection and in the manner provided by
3715-IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
3716-emergency rule is adopted by the attorney general under IC 4-22-2-24
3717-through IC 4-22-2-36.
3718-SECTION 75. IC 8-1-40.1-6, AS ADDED BY P.L.71-2022,
3719-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3720-JULY 1, 2024]: Sec. 6. In adopting rules under this chapter, the
3721-commission may adopt emergency rules in the manner provided by
3722-IC 4-22-2-37.1. under IC 4-22-2. Notwithstanding IC 4-22-2-37.1(g),
3723-an emergency rule adopted by the commission under this chapter and
3724-in the manner provided by IC 4-22-2-37.1 expires on the date on which
3725-a rule that supersedes the emergency rule is adopted by the commission
3726-under IC 4-22-2-24 through IC 4-22-2-36.
3727-SECTION 76. IC 8-1-40.5-19, AS ADDED BY P.L.80-2021,
3728-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3729-JULY 1, 2024]: Sec. 19. The commission shall adopt rules under
3730-IC 4-22-2 to implement this chapter. In adopting the rules required by
3731-this section, the commission may adopt emergency rules in the manner
3732-provided by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an
3733-emergency rule adopted by the commission under this section and in
3734-SEA 4 — CC 1 88
3735-the manner provided by IC 4-22-2-37.1 expires on the date on which
3736-a rule that supersedes the emergency rule is adopted by the commission
3737-under IC 4-22-2-24 through IC 4-22-2-36.
3738-SECTION 77. IC 8-1-43-9, AS ADDED BY P.L.94-2022,
3739-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3740-JULY 1, 2024]: Sec. 9. The commission shall adopt rules under
3741-IC 4-22-2 to implement this chapter. In adopting rules under this
3742-section, the commission may adopt emergency rules in the manner
3743-provided by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an
3744-emergency rule adopted by the commission under this section and in
3745-the manner provided by IC 4-22-2-37.1 expires on the date on which
3746-a rule that supersedes the emergency rule is adopted by the commission
3747-under IC 4-22-2-24 through IC 4-22-2-36.
3748-SECTION 78. IC 8-2.1-28-5, AS ADDED BY P.L.218-2017,
3749-SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3750-JULY 1, 2024]: Sec. 5. (a) The department may adopt emergency rules
3751-in the manner provided under IC 4-22-2-37.1 IC 4-22-2 to carry out
3752-this chapter.
3753-(b) An emergency rule adopted under subsection (a) expires on the
3754-date a rule that supersedes the emergency rule is adopted by the
3755-department under IC 4-22-2-22.5 through IC 4-22-2-36.
3756-SECTION 79. IC 8-3-2-15 IS AMENDED TO READ AS
3757-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 15. If a carrier fails to
3758-provide the equipment, motive power, and other facilities necessary to
3759-properly receive and care for the business on their lines, as required by
3760-this chapter, or fails to perform the duties enjoined upon it by this
3761-chapter, and because of the failure considerable traffic on its line is
3762-refused or not promptly moved as required by this chapter, resulting in
3763-material injury to the citizens of a community in Indiana, or the
3764-industries or commerce of Indiana, then the Indiana department of
3765-transportation, after five (5) days notice to the carrier interested and a
3766-hearing, shall adopt temporary emergency rates, establish temporary
3767-emergency routes of shipment, and adopt temporary emergency rules
3768-under IC 4-22-2 concerning the movement of traffic as are necessary
3769-to correct the existing conditions and may issue orders suspending
3770-certain traffic in favor of other traffics for the purpose of preventing
3771-existing or threatened public calamity or distress. The carrier shall
3772-promptly comply with all orders of the department, and, upon its failure
3773-so to do, the department shall apply to a court of competent jurisdiction
3774-for the appointment of an operating receiver to enforce the orders and
3775-rules adopted by the department and may also apply to a court for the
3776-appointment of a receiver for a carrier to enforce a provision or
3777-SEA 4 — CC 1 89
3778-requirement of this chapter which the offending carrier has failed to
3779-observe. In the proceeding, the court may operate a carrier through its
3780-receiver, enforce orders made by the department concerning the carrier
3781-as approved by the court, and continue so to do so long as is necessary.
3782-The court may order its receiver to purchase the equipment and motive
3783-power, and supply other appliances and facilities as may be necessary
3784-to properly transact the carrier's present and prospective business in
3785-Indiana as required by this chapter. The court may authorize its
3786-receiver to issue and sell receiver's certificates for the purpose of
3787-obtaining funds for the uses specified in this chapter or to issue
3788-certificates of indebtedness to pay for expenditures authorized by this
3789-chapter. The court may declare certificates authorized under this
3790-chapter to be the first and prior lien upon the property and income of
3791-the carrier in the manner and upon the terms as the court shall decree.
3792-SECTION 80. IC 8-15-2-5, AS AMENDED BY P.L.140-2013,
3793-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3794-JULY 1, 2024]: Sec. 5. The authority may do the following:
3795-(1) Construct, maintain, repair, police, and operate toll road
3796-projects (as defined in this chapter), public improvements, and
3797-arterial streets and roads under section 1 of this chapter and
3798-establish rules for the use of any such toll road project, public
3799-improvement, or arterial street or road.
3800-(2) Issue toll road revenue bonds of the state, payable solely from
3801-an allocation of money from the rural transportation road fund
3802-under IC 8-9.5-8-16 or from revenues or from the proceeds of
3803-bonds issued under this chapter and earnings thereon, or from all
3804-three (3), for the purpose of paying all or any part of the cost of
3805-any one (1) or more toll road projects or for the purpose of
3806-refunding any other toll road revenue bonds.
3807-(3) Establish reserves from the proceeds of the sale of bonds or
3808-from other funds, or both, to secure the payment of the bonds.
3809-(4) Fix and revise from time to time and charge and collect tolls
3810-for transit over each toll road project constructed by it.
3811-(5) Acquire in the name of the state by purchase or otherwise, on
3812-such terms and conditions and in such manner as it may deem
3813-proper, or by the exercise of the right of condemnation in the
3814-manner as provided by this chapter, such public or private lands,
3815-including public parks, playgrounds or reservations, or parts
3816-thereof or rights therein, rights-of-way, property, rights,
3817-easements, and interests, as it may deem necessary for carrying
3818-out the provisions of this chapter. The authority may also:
3819-(A) sell, transfer, and convey any such land or any interest
3820-SEA 4 — CC 1 90
3821-therein so acquired, or any portion thereof, whether by
3822-purchase, condemnation, or otherwise, and whether such land
3823-or interest therein had been public or private, when the same
3824-shall no longer be needed for such purposes; and
3825-(B) transfer and convey any such lands or interest therein as
3826-may be necessary or convenient for the construction and
3827-operation of any toll road project, or as otherwise required
3828-under the provisions of this chapter to a state agency or
3829-political subdivision.
3830-(6) Designate the locations and establish, limit, and control such
3831-points of ingress to and egress from each toll road project as may
3832-be necessary or desirable in the judgment of the authority to
3833-ensure the proper operation and maintenance of such projects, and
3834-to prohibit entrance to such project from any point not so
3835-designated. The authority shall not grant, for the operation of
3836-transient lodging facilities, either ingress to or egress from any
3837-project, including the service areas thereof on which are located
3838-service stations and restaurants, and including toll plazas and
3839-paved portions of the right-of-way. The authority shall cause to be
3840-erected, at its cost, at all points of ingress and egress, large and
3841-suitable signs facing traffic from each direction on the toll road.
3842-Such signs shall designate the number and other designations, if
3843-any, of all United States or state highways of ingress or egress, the
3844-names of all Indiana municipalities with a population of five
3845-thousand (5,000) or more within a distance of seventy-five (75)
3846-miles on such roads of ingress or egress, and the distance in miles
3847-to such designated municipalities.
3848-(7) Make and enter into all contracts and agreements necessary or
3849-incidental to the performance of its duties and the execution of its
3850-powers under this chapter, IC 8-9.5-8, or IC 8-15.5. When the cost
3851-under any such contract or agreement, other than:
3852-(A) a contract for compensation for personal services;
3853-(B) a contract with the department under IC 8-9.5-8-7;
3854-(C) a lease with the department under IC 8-9.5-8-8; or
3855-(D) a contract, a lease, or another agreement under IC 8-15.5;
3856-involves an expenditure of more than ten thousand dollars
3857-($10,000), the authority shall make a written contract with the
3858-lowest and best bidder after advertisement for not less than two
3859-(2) consecutive weeks in a newspaper of general circulation in
3860-Marion County, Indiana, and in such other publications as the
3861-authority shall determine. Such notice shall state the general
3862-character of the work and the general character of the materials to
3863-SEA 4 — CC 1 91
3864-be furnished, the place where plans and specifications therefor
3865-may be examined, and the time and place of receiving bids. Each
3866-bid shall contain the full name of every person or company
3867-interested in it and shall be accompanied by a sufficient bond or
3868-certified check on a solvent bank that if the bid is accepted a
3869-contract will be entered into and the performance of its proposal
3870-secured. The authority may reject any and all bids. A bond with
3871-good and sufficient surety shall be required by the authority of all
3872-contractors in an amount equal to at least fifty percent (50%) of
3873-the contract price, conditioned upon the faithful performance of
3874-the contract. The authority shall require a bid, performance, and
3875-payment bond from a contractor for a project if the estimated cost
3876-of the project is more than two hundred thousand dollars
3877-($200,000). The authority may require a bid, performance, or
3878-payment bond from a contractor for a project if the estimated cost
3879-of the project is not more than two hundred thousand dollars
3880-($200,000).
3881-(8) Employ consulting engineers, superintendents, managers, and
3882-such other engineers, construction and accounting experts, bond
3883-counsel, other attorneys with the approval of the attorney general,
3884-and other employees and agents as may be necessary in its
3885-judgment to carry out the provisions of this chapter, and to fix
3886-their compensation. However, all such expenses shall be payable
3887-solely from the proceeds of toll road revenue bonds issued under
3888-the provisions of this chapter or from revenues.
3889-(9) Receive and accept from any federal agency, subject to
3890-IC 8-23-3, grants for or in aid of the construction of any toll road
3891-project, and receive and accept aid or contributions from any
3892-source of either money, property, labor, or other things of value,
3893-to be held, used, and applied only for the purposes for which such
3894-grants and contributions may be made, and repay any grant to the
3895-authority or to the department from a federal agency if such
3896-repayment is necessary to free the authority from restrictions
3897-which the authority determines to be in the public interest to
3898-remove.
3899-(10) Establish fees, charges, terms, or conditions for any
3900-expenditures, loans, or other form of financial participation in
3901-projects authorized as public improvements on arterial streets and
3902-roads under section 1 of this chapter.
3903-(11) Accept gifts, devises, bequests, grants, loans, appropriations,
3904-revenue sharing, other financing and assistance, and any other aid
3905-from any source and agree to and comply with conditions attached
3906-SEA 4 — CC 1 92
3907-to the aid.
3908-(12) Accept transfer of a state highway to the authority under
3909-IC 8-23-7-23 and pay the cost of conversion of the state highway
3910-to a toll road project.
3911-(13) Enter into contracts or leases with the department under
3912-IC 8-9.5-8-7 or IC 8-9.5-8-8 and in connection with the contracts
3913-or leases agree with the department for coordination of the
3914-operation and the repair and maintenance of toll road projects and
3915-tollways which are contiguous parts of the same public road,
3916-including joint toll collection facilities and equitable division of
3917-tolls.
3918-(14) Enter into public-private agreements under IC 8-15.5 and do
3919-all acts and things necessary or proper to carry out the purposes
3920-set forth in IC 8-15.5.
3921-(15) Adopt rules under IC 4-22-2-37.1 IC 4-22-2 to make changes
3922-to rules related to a toll road project to accommodate the
3923-provisions of a public-private agreement under IC 8-15.5. A rule
3924-adopted under this subdivision expires on the expiration date
3925-stated in the rule.
3926-(16) Do all acts and things necessary or proper to carry out this
3927-chapter.
3928-SECTION 81. IC 8-15-2-14, AS AMENDED BY P.L.140-2013,
3929-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3930-JULY 1, 2024]: Sec. 14. (a) The authority may do the following:
3931-(1) Fix, revise, charge, and collect tolls for the use of each toll
3932-road project by any person, partnership, association, limited
3933-liability company, or corporation desiring the use of any part
3934-thereof, including the right-of-way adjoining the paved portion
3935-and for placing thereon telephone, telegraph, electric light, or
3936-power lines.
3937-(2) Fix the terms, conditions, and rates of charge for such use,
3938-including assessments for the failure to pay required tolls, subject,
3939-however, to the state's police power.
3940-(3) Collect tolls, user fees, or other charges through manual or
3941-nonmanual methods, including, but not limited to, automatic
3942-vehicle identification systems, electronic toll collection systems,
3943-and, to the extent permitted by law, including rules adopted by the
3944-authority under IC 8-15-2-17.2(a)(10), section 17.2(a)(10) of this
3945-chapter, global positioning systems and photo or video based toll
3946-collection or toll collection enforcement systems.
3947-(4) Adopt rules under IC 4-22-2-37.1 IC 4-22-2 authorizing the
3948-use of and establishing procedures for the implementation of the
3949-SEA 4 — CC 1 93
3950-collection of user fees by electronic or other nonmanual means
3951-under subdivision (3). A rule adopted under this subdivision
3952-expires on the expiration date stated by the authority in the rule.
3953-(b) Notwithstanding subsection (a), no toll or charge shall be made
3954-by the authority under this section or under a public-private agreement
3955-entered into under IC 8-15.5 for:
3956-(1) the operation of temporary lodging facilities located upon or
3957-adjacent to any project, nor may the authority itself operate or
3958-gratuitously permit the operation of such temporary lodging
3959-facilities by other persons without any toll or charge; or
3960-(2) placing in, on, along, over, or under such project, such
3961-telephone, telegraph, electric light or power lines, equipment, or
3962-facilities as may be necessary to serve establishments located on
3963-the project or as may be necessary to interconnect any public
3964-utility facilities on one (1) side of the toll road project with those
3965-on the other side.
3966-(c) All contracts executed by the authority shall be preserved in the
3967-principal office of the authority.
3968-(d) In the case of a toll road project that is not leased to the
3969-department under IC 8-9.5-8-7, the tolls shall be fixed and adjusted for
3970-each toll road project so that the aggregate of the tolls from the project,
3971-together with other revenues that are available to the authority without
3972-prior restriction or encumbrance, will at least be adequate to pay:
3973-(1) the cost of operating, maintaining, and repairing the toll road
3974-project, including major repairs, replacements, and
3975-improvements;
3976-(2) the principal of and the interest on bonds issued in connection
3977-with the toll road project, as the principal and interest becomes
3978-due and payable, including any reserve or sinking fund required
3979-for the project; and
3980-(3) the payment of principal of and interest on toll road bonds
3981-issued by the authority in connection with any other toll road
3982-project, including any reserve or sinking fund required for the
3983-project, but only to the extent that the authority provides by
3984-resolution and subject to the provisions of any trust agreement
3985-relating to the project.
3986-(e) Not less than one (1) year before the date that final payment of
3987-all such bonds, interest, and reimbursement is expected by the
3988-chairman of the authority to be completed, the chairman shall notify the
3989-state budget committee in writing of the expected date of final
3990-payment.
3991-(f) Such tolls shall not be subject to supervision or regulation by any
3992-SEA 4 — CC 1 94
3993-other commission, board, bureau, or agency of the state.
3994-(g) The tolls, rents, and all other revenues derived by the authority
3995-from the toll road project, except those received in accordance with a
3996-public-private agreement under IC 8-15.5, shall be used as follows:
3997-(1) To pay the cost of operating, maintaining, and repairing the
3998-toll road project, including major repairs, replacements, and
3999-improvements, to the extent that those costs are not paid out of
4000-other funds.
4001-(2) To the extent provided for in the resolution authorizing the
4002-issuance of bonds under this chapter or in the trust agreement
4003-securing the bonds, to pay:
4004-(A) the principal of and interest on any bonds as the principal
4005-and interest become due; or
4006-(B) the redemption price or purchase price of the bonds retired
4007-by call or purchase.
4008-(3) Except as prohibited by the resolution authorizing the issuance
4009-of bonds under this chapter or the trust agreement securing them,
4010-for any purpose relating to any toll road project, including the
4011-subject toll road project, as the authority provides by resolution.
4012-(h) Neither the resolution nor any trust agreement by which a pledge
4013-is created needs to be filed or recorded except in the records of the
4014-authority.
4015-(i) The use and disposition of moneys to the credit of any sinking
4016-fund shall be subject to the provisions of any resolution or resolutions
4017-authorizing the issuance of any bonds or of any trust agreement. Except
4018-as may otherwise be provided in this chapter or in any resolution or any
4019-trust agreement, any sinking fund shall be a fund for all bonds without
4020-distinction or priority of one over another, subject, however, to such
4021-priorities as may arise from prior pledges.
4022-(j) In the case of a toll road project that is leased to the department
4023-under IC 8-9.5-8-8, the lease must require that the department fix tolls
4024-for the toll road project that comply with IC 8-9.5-8-8(c)(6).
4025-(k) User fees (as defined in IC 8-15.5-2-10) for a toll road project
4026-that is subject to a public-private agreement under IC 8-15.5 shall be
4027-set in accordance with IC 8-15.5-7.
4028-SECTION 82. IC 8-15-2-17.2, AS AMENDED BY P.L.140-2013,
4029-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4030-JULY 1, 2024]: Sec. 17.2. (a) Notwithstanding IC 9, the authority may
4031-adopt rules:
4032-(1) Establishing weight and size limitations for vehicles using a
4033-toll road project, subject to the following:
4034-(A) The operator of any vehicle exceeding any of the
4035-SEA 4 — CC 1 95
4036-maximum allowable dimensions or weights as set out by the
4037-authority in rules and regulations shall apply to the authority
4038-in writing, for an application for a special hauling permit,
4039-which application must be in compliance with all the terms
4040-thereof, and which application must be received at least seven
4041-(7) days prior to the time of permitted entry should such permit
4042-be granted. Such permit, if granted, will be returned to the
4043-applicant in duplicate, properly completed and numbered, and
4044-the driver of the vehicle shall have a copy to present to the toll
4045-attendant on duty at the point of entry.
4046-(B) The authority shall assess a fee for issuing a special
4047-hauling permit. In assessing the fee, the authority shall take
4048-into consideration the following factors:
4049-(i) The administrative cost of issuing the permit.
4050-(ii) The potential damage the vehicle represents to the
4051-project.
4052-(iii) The potential safety hazard the vehicle represents.
4053-(2) Establishing the minimum speed that a motor vehicle may be
4054-driven on the interstate defense network of dual highways.
4055-(3) Designating one-way traffic lanes on a toll road project.
4056-(4) Determining the manner of operation of motor vehicles
4057-entering and leaving traffic lanes on a toll road project.
4058-(5) Determining the regulation of U-turns, of crossing or entering
4059-medians, of stopping, parking, or standing, and of passing motor
4060-vehicles on a toll road project.
4061-(6) Determining the establishment and enforcement of traffic
4062-control signs and signals for motor vehicles in traffic lanes,
4063-acceleration and deceleration lanes, toll plazas, and interchanges
4064-on a toll road project.
4065-(7) Determining the limitation of entry to and exit from a toll road
4066-project to designated entrances and exits.
4067-(8) Determining the limitation on use of a toll road project by
4068-pedestrians and aircraft and by vehicles of a type specified in such
4069-rules and regulations.
4070-(9) Regulating commercial activity on a toll road project,
4071-including but not limited to:
4072-(A) the offering or display of goods or services for sale;
4073-(B) the posting, distributing, or displaying of signs,
4074-advertisements, or other printed or written material; and
4075-(C) the operation of a mobile or stationary public address
4076-system.
4077-(10) Establishing enforcement procedures and making
4078-SEA 4 — CC 1 96
4079-assessments for the failure to pay required tolls. The authority
4080-may adopt rules under this subdivision under IC 4-22-2-37.1.
4081-IC 4-22-2. A rule under this subdivision adopted under
4082-IC 4-22-2-37.1 expires on the expiration date stated in the rule.
4083-(b) A person who violates a rule adopted under this section commits
4084-a Class C infraction. However, a violation of a weight limitation
4085-established by the authority under this section is:
4086-(1) a Class B infraction if the total of all excesses of weight under
4087-those limitations is more than five thousand (5,000) pounds but
4088-not more than ten thousand (10,000) pounds; and
4089-(2) a Class A infraction if the total of all excesses of weight under
4090-those limitations is more than ten thousand (10,000) pounds.
4091-(c) It is a defense to the charge of violating a weight limitation
4092-established by the authority under this section that the total of all
4093-excesses of weight under those limitations is less than one thousand
4094-(1,000) pounds.
4095-(d) The court may suspend the registration of a vehicle that violated:
4096-(1) a size or weight limitation established by the authority under
4097-this section; or
4098-(2) a rule adopted under subsection (a)(10);
4099-for a period of not more than ninety (90) days.
4100-(e) Upon the conviction of a person for a violation of a weight or
4101-size limitation established by the authority under this section, the court
4102-may recommend suspension of the person's current chauffeur's license
4103-only if the violation was committed knowingly.
4104-SECTION 83. IC 8-15.5-7-8, AS AMENDED BY P.L.140-2013,
4105-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4106-JULY 1, 2024]: Sec. 8. (a) The authority may fix user fees under this
4107-chapter by rule under IC 4-22-2-37.1. IC 4-22-2. A rule adopted under
4108-this subsection expires on the expiration date stated in the rule.
4109-(b) Any action to contest the validity of user fees fixed under this
4110-chapter may not be brought after the fifteenth day following the
4111-effective date of a rule fixing the user fees adopted under subsection
4112-(a).
4113-SECTION 84. IC 8-21-12-11 IS AMENDED TO READ AS
4114-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. The authority may
4115-do all acts necessary or reasonably incident to carrying out the purposes
4116-of this chapter, including the following:
4117-(1) To protect a district and all property owned or managed by the
4118-authority and, to carry out this subdivision, to employ special
4119-police or hire guards.
4120-(2) To incur indebtedness in the name of the authority in
4121-SEA 4 — CC 1 97
4122-accordance with this chapter.
4123-(3) To adopt administrative procedures, rules, and regulations,
4124-including emergency rules under IC 4-22-2-37.1. IC 4-22-2.
4125-(4) To:
4126-(A) acquire real, personal, or mixed property by deed,
4127-purchase, lease, condemnation, or otherwise and dispose of it
4128-for use, in connection with, or for administrative purposes of
4129-the airport;
4130-(B) receive gifts, donations, bequests, and public trusts and to
4131-agree to conditions and terms accompanying them and to bind
4132-the authority to carry them out;
4133-(C) receive and administer federal or state aid; and
4134-(D) erect buildings or structures that may be needed to
4135-administer and carry out this chapter.
4136-(5) To determine matters of policy regarding internal organization
4137-and operating procedures not specifically provided for otherwise.
4138-(6) To adopt a schedule of reasonable charges and to collect them
4139-from all users of facilities and services within the district.
4140-(7) To purchase supplies, materials, equipment, and services to
4141-carry out the duties and functions of the authority, in accordance
4142-with procedures adopted by the authority.
4143-(8) To employ personnel that are necessary to carry out the duties,
4144-functions, and powers of the authority.
4145-(9) To:
4146-(A) acquire, establish, construct, improve, equip, maintain,
4147-control, lease, and regulate airports, landing fields, and other
4148-air navigation facilities;
4149-(B) acquire by lease (with or without the option to purchase)
4150-airports, landing fields, or navigation facilities, and any
4151-structures, equipment, or related improvements; and
4152-(C) erect, install, construct, and maintain at the airport or
4153-airport's facilities for the servicing of aircraft and for the
4154-comfort and accommodation of air travelers and the public.
4155-The Indiana department of transportation must grant approval
4156-before land may be purchased or leased for the establishment of
4157-an airport or landing field and before an airport or landing field
4158-may be established and shall establish the boundaries of a district
4159-or districts from time to time.
4160-(10) To fix and determine exclusively the uses to which the
4161-airport lands may be put. All uses must be necessary or desirable
4162-to the airport or the aviation industry and must be compatible with
4163-the uses of the surrounding lands as far as practicable.
4164-SEA 4 — CC 1 98
4165-(11) To employ or contract with an airport director,
4166-superintendents, managers, financial advisers, engineers,
4167-surveyors, bond counsel, disclosure counsel, and other attorneys,
4168-clerks, mechanics, laborers, and all employees the authority
4169-considers expedient, and to prescribe and assign the respective
4170-duties and authorities and to fix and regulate the compensation to
4171-be paid to the persons employed by the authority. Employees shall
4172-be selected irrespective of their political affiliations.
4173-(12) To make all rules and regulations, consistent with laws
4174-regarding air commerce, for the management and control of
4175-airports, landing fields, air navigation facilities, and other
4176-property within a district or otherwise under the authority's
4177-control.
4178-(13) To acquire by lease the use of an airport or landing field for
4179-aircraft pending the acquisition and improvement of an airport or
4180-landing field.
4181-(14) To manage and operate airports, landing fields, and other air
4182-navigation facilities acquired or maintained by the authority; to
4183-lease all or part of an airport, landing field, or any buildings or
4184-other structures, and to fix, charge, and collect rentals, tolls, fees,
4185-and charges to be paid for the use of the whole or a part of the
4186-airports, landing fields, or other air navigation facilities by aircraft
4187-landing there and for the maintenance or servicing of the aircraft;
4188-to construct public recreational facilities that will not interfere
4189-with air operational facilities; to fix, charge, and collect fees for
4190-public admissions and privileges; and to make contracts for the
4191-operation and management of the airports, landing fields, and
4192-other air navigation facilities; and to provide for the use,
4193-management, and operation of the air navigation facilities through
4194-lessees, its own employees, or otherwise. Contracts or leases for
4195-the maintenance, operation, or use of the airport or any part of it
4196-may be made for a term not exceeding forty (40) years, and may
4197-be extended for similar terms of years. If a person whose
4198-character, experience, and financial responsibility has been
4199-determined satisfactory by the authority, offers to erect a
4200-permanent structure that facilitates and is consistent with the
4201-operation, use, and purpose of the airport on land owned or
4202-otherwise controlled by the authority, a lease may be entered into
4203-for a period not to exceed ninety-nine (99) years. The authority
4204-may not grant an exclusive right for the use of a landing area
4205-under the authority's jurisdiction. However, this does not prevent
4206-the making of leases in accordance with other provisions of this
4207-SEA 4 — CC 1 99
4208-chapter. All contracts and leases are subject to restrictions and
4209-conditions that the authority prescribes. The authority may lease
4210-property and facilities for any commercial or industrial use the
4211-authority considers necessary and proper, including the use of
4212-providing airport motel facilities.
4213-(15) To sell machinery, equipment, or material that is not required
4214-for aviation purposes. The proceeds shall be deposited with the
4215-authority or in accordance with an applicable trust agreement.
4216-(16) To negotiate and execute contracts for sale or purchase,
4217-lease, personal services, materials, supplies, equipment, or any
4218-other transaction or business relative to an airport under the
4219-authority's control and operation in accordance with the terms and
4220-conditions the authority may determine.
4221-(17) To vacate all or parts of roads, highways, streets, or alleys
4222-within a district.
4223-(18) To approve any state, county, city, or other highway, road,
4224-street, or other public way, railroad, power line, or other
4225-right-of-way to be laid out or opened across an airport or in such
4226-proximity as to affect the safe operation of the airport.
4227-(19) To construct drainage and sanitary sewers with connections
4228-and outlets as are necessary for the proper drainage and
4229-maintenance of an airport or landing field acquired or maintained
4230-under this chapter, including the necessary buildings and
4231-improvements and for the public use of them in the same manner
4232-that the authority may construct sewers and drains. However, with
4233-respect to the construction of drains and sanitary sewers beyond
4234-the boundaries of the airport or landing field, the authority may
4235-negotiate with the departments, bodies, and officers of a local
4236-entity to secure the proper orders and approvals; and to order a
4237-public utility or public service corporation or other person to
4238-remove or to install in underground conduits wires, cables, and
4239-power lines passing through or over the airport or landing field or
4240-along the borders or within a reasonable distance that may be
4241-determined to be necessary for the safety of operations, upon
4242-payment to the utility or other person of due compensation for the
4243-expense of the removal or reinstallation. The authority must
4244-consent before any franchise may be granted by state authorities
4245-or local entities for the construction of or maintenance of railway,
4246-telephone, telegraph, electric power, pipe, or conduit line upon,
4247-over, or through a district or within a reasonable distance of the
4248-district that is necessary for the safety of operation. The authority
4249-must also consent before overhead electric power lines carrying
4250-SEA 4 — CC 1 100
4251-a voltage of more than four thousand four hundred (4,400) volts
4252-and having poles, standards, or supports over thirty (30) feet in
4253-height within one-half (1/2) mile of a landing area acquired or
4254-maintained under this chapter may be installed.
4255-(20) To contract with any other state agency or instrumentality or
4256-any political subdivision for the rendition of services, the rental
4257-or use of equipment or facilities, or the joint purchase and use of
4258-equipment or facilities that are necessary for the operation,
4259-maintenance, or construction of an airport operated under this
4260-chapter.
4261-(21) To provide air transportation in furtherance of the duties and
4262-responsibilities of the authority.
4263-(22) To promote or encourage aviation related trade or commerce
4264-at the airports that it operates.
4265-SECTION 85. IC 8-23-2-6, AS AMENDED BY P.L.121-2021,
4266-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4267-JULY 1, 2024]: Sec. 6. (a) The department, through the commissioner
4268-or the commissioner's designee, may do the following:
4269-(1) Subject to section 6.5 of this chapter, acquire by purchase,
4270-gift, or condemnation, sell, abandon, own in fee or a lesser
4271-interest, hold, or lease property in the name of the state, or
4272-otherwise dispose of or encumber property to carry out its
4273-responsibilities.
4274-(2) Contract with persons outside the department to do those
4275-things that in the commissioner's opinion cannot be adequately or
4276-efficiently performed by the department.
4277-(3) Enter into:
4278-(A) a contract with the Indiana finance authority under
4279-IC 8-9.5-8-7; or
4280-(B) a lease with the Indiana finance authority under
4281-IC 8-9.5-8-8;
4282-for the construction, reconstruction, improvement, maintenance,
4283-repair, or operation of toll road projects under IC 8-15-2 and toll
4284-bridges under IC 8-16-1.
4285-(4) Enter into a contract with a contractor, operator, or design
4286-builder or construction manager as constructor for, or with any
4287-adviser, consultant, attorney, accountant, engineer, architect, or
4288-other person or entity in connection with, the construction,
4289-reconstruction, improvement, maintenance, repair, or operation of
4290-a railroad project, as defined in IC 8-5-15-1, in accordance with
4291-an authorization provided to the department by the board of
4292-trustees of a commuter transportation district under
4293-SEA 4 — CC 1 101
4294-IC 8-5-15-5(a)(21).
4295-(5) Sue and be sued, including, with the approval of the attorney
4296-general, the compromise of any claims of the department.
4297-(6) Hire attorneys.
4298-(7) Perform all functions pertaining to the acquisition of property
4299-for transportation purposes, including the compromise of any
4300-claims for compensation.
4301-(8) Hold investigations and hearings concerning matters covered
4302-by orders and rules of the department.
4303-(9) Execute all documents and instruments necessary to carry out
4304-its responsibilities.
4305-(10) Make contracts and expenditures, perform acts, enter into
4306-agreements, and make rules, orders, and findings that are
4307-necessary to comply with all laws, rules, orders, findings,
4308-interpretations, and regulations promulgated by the federal
4309-government in order to:
4310-(A) qualify the department for; and
4311-(B) receive;
4312-federal government funding on a full or participating basis.
4313-(11) Adopt rules under IC 4-22-2 to carry out its responsibilities.
4314-including emergency rules in the manner provided under
4315-IC 4-22-2-37.1.
4316-(12) Establish regional offices.
4317-(13) Adopt a seal.
4318-(14) Perform all actions necessary to carry out the department's
4319-responsibilities.
4320-(15) Order a utility to relocate the utility's facilities and coordinate
4321-the relocation of customer service facilities if:
4322-(A) the facilities are located in a highway, street, or road; and
4323-(B) the department determines that the facilities will interfere
4324-with a planned highway or bridge construction or
4325-improvement project funded by the department.
4326-(16) Reimburse a utility:
4327-(A) in whole or in part for extraordinary costs of relocation of
4328-facilities;
4329-(B) in whole for unnecessary relocations;
4330-(C) in accordance with IC 8-23-26-12 and IC 8-23-26-13;
4331-(D) in whole for relocations covered by IC 8-1-9; and
4332-(E) to the extent that a relocation is a taking of property
4333-without just compensation.
4334-(17) Provide state matching funds and undertake any surface
4335-transportation project eligible for funding under federal law.
4336-SEA 4 — CC 1 102
4337-However, money from the state highway fund and the state
4338-highway road construction and improvement fund may not be
4339-used to provide operating subsidies to support a public
4340-transportation system or a commuter transportation system.
4341-(18) Upon request, evaluate, negotiate, and enter into:
4342-(A) a supplemental funding agreement with a regional
4343-development authority under IC 36-9-43; or
4344-(B) an interlocal agreement with a regional development
4345-authority for purposes of IC 36-9-43.
4346-(b) In the performance of contracts and leases with the Indiana
4347-finance authority, the department has authority under IC 8-15-2, in the
4348-case of toll road projects and IC 8-16-1, in the case of toll bridges
4349-necessary to carry out the terms and conditions of those contracts and
4350-leases.
4351-(c) The department shall:
4352-(1) classify as confidential any estimate of cost prepared in
4353-conjunction with analyzing competitive bids for projects until a
4354-bid below the estimate of cost is read at the bid opening;
4355-(2) classify as confidential that part of the parcel files that contain
4356-appraisal and relocation documents prepared by the department's
4357-land acquisition division; and
4358-(3) classify as confidential records that are the product of systems
4359-designed to detect collusion in state procurement and contracting
4360-that, if made public, could impede detection of collusive behavior
4361-in securing state contracts.
4362-This subsection does not apply to parcel files of public agencies or
4363-affect IC 8-23-7-10.
4364-(d) In the case of a regional development authority that undertakes
4365-a regional transportation infrastructure project under IC 36-9-43, the
4366-department shall cooperate with the regional development authority.
4367-SECTION 86. IC 8-23-5-10, AS AMENDED BY P.L.156-2021,
4368-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4369-JULY 1, 2024]: Sec. 10. (a) The following definitions apply only
4370-throughout this section:
4371-(1) "Communications infrastructure" includes all facilities and
4372-equipment used to provide communications service (as defined in
4373-IC 8-1-32.5-3), including fiber conduit. The term does not include
4374-a vertical structure.
4375-(2) "Dig once program" refers to the dig once broadband corridor
4376-program required under subsection (b).
4377-(3) "Fiber conduit" means protective conduit of a size and
4378-material that is suitable for underground installation of broadband
4379-SEA 4 — CC 1 103
4380-fiber infrastructure.
4381-(4) "Limited access highway" means any roadway that is under
4382-the jurisdiction and control of the department and that is one (1)
4383-of the following:
4384-(A) An interstate.
4385-(B) A toll road, tollway, or toll bridge.
4386-(C) U.S. 30.
4387-(D) U.S. 31.
4388-(5) "Vertical structure" means a privately owned structure that is
4389-more than one hundred (100) feet above ground and that is used
4390-primarily for providing wireless communications service. The
4391-term includes related equipment associated with the structure,
4392-including air conditioned equipment shelters and rooms,
4393-electronic equipment, and supporting equipment.
4394-(b) Not later than January 1, 2022, the department shall:
4395-(1) implement a dig once broadband corridor program to manage
4396-the location, installation, and maintenance of communications
4397-infrastructure that is used for the provision of broadband services
4398-and is located within highway rights-of-way of limited access
4399-highways; and
4400-(2) adopt policies, procedures, and standards under the dig once
4401-program for required installation of fiber conduit by a public or
4402-private entity that performs an excavation within a limited access
4403-highway right-of-way.
4404-(c) The dig once program shall apply only to locations along or
4405-within a limited access highway right-of-way. The dig once program
4406-shall not apply to the placement of communications infrastructure that
4407-laterally crosses a roadway under the control of the department.
4408-(d) Except as provided in subsection (e), the department shall
4409-impose a fee for the use of communications infrastructure installed and
4410-maintained under subsection (b). The amount of the fee may not be
4411-more than the reasonable fair market value of the use of the highway
4412-right-of-way within the broadband corridor.
4413-(e) Except for portions of a U.S. route that is a limited access
4414-highway under subsection (a)(4), with respect to state routes or U.S.
4415-routes, the department may impose only:
4416-(1) a one (1) time permit application fee for the location or
4417-installation of communications infrastructure that is used for the
4418-provision of broadband services and is placed along or within a
4419-highway right-of-way; and
4420-(2) routine right-of-way permit fees to enter the department's
4421-rights-of-way for the maintenance of existing facilities.
4422-SEA 4 — CC 1 104
4423-(f) The department shall not unreasonably discriminate with respect
4424-to the following among entities requesting access to broadband
4425-corridors or other department controlled rights-of-way:
4426-(1) Approving applications, issuing permits, or otherwise
4427-establishing terms and conditions for the location, installation,
4428-and maintenance of communications infrastructure used for the
4429-provision of broadband services.
4430-(2) Providing access to rights-of-way, infrastructure, utility poles,
4431-river and bridge crossings, and other physical assets owned,
4432-controlled, or managed by the department.
4433-(3) The type of technology deployed for the provision of
4434-broadband services.
4435-However, nothing in this subsection abrogates or limits the
4436-department's authority under IC 8-23 to safely and efficiently manage
4437-and operate the state highway system and associated highway
4438-rights-of-way for the benefit of the traveling public.
4439-(g) The department shall adopt rules under IC 4-22-2 including
4440-emergency rules adopted in the manner provided by IC 4-22-2-37.1, to
4441-establish the policies, procedures, and standards required under
4442-subsection (b) and to otherwise implement this section. Rules or
4443-emergency rules adopted by the department under this subsection must
4444-take effect not later than January 1, 2022. Notwithstanding
4445-IC 4-22-2-37.1(g), an emergency rule adopted by the department under
4446-this subsection in the manner provided by IC 4-22-2-37.1 expires on
4447-the date a rule that supersedes the emergency rule is adopted by the
4448-department under IC 4-22-2-24 through IC 4-22-2-36.
4449-SECTION 87. IC 8-23-9.5-1, AS ADDED BY P.L.60-2023,
4450-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4451-JULY 1, 2024]: Sec. 1. (a) This chapter authorizes the department to
4452-enter into a contract for delivery of certain projects by a construction
4453-manager general contractor or a progressive design-builder.
4454-(b) The department may adopt rules under IC 4-22-2 including
4455-emergency rules adopted in the manner provided under IC 4-22-2-37.1,
4456-to implement this chapter.
4457-(c) This chapter does not limit or eliminate the responsibility or
4458-liability imposed by Indiana law on a person providing services to the
4459-department under this chapter.
4460-SECTION 88. IC 8-23-10-3, AS AMENDED BY P.L.14-2019,
4461-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4462-JULY 1, 2024]: Sec. 3. (a) A bidder may not be given a certificate of
4463-qualification unless the bidder's financial statement and the
4464-investigation made by the department show that the bidder possesses
4465-SEA 4 — CC 1 105
4466-net current assets sufficient in the judgment of the department to render
4467-it probable that the bidder can satisfactorily execute contracts and meet
4468-obligations incurred. All applications for qualification must expressly
4469-authorize the department to obtain all information considered pertinent
4470-with respect to the financial worth and assets and liabilities of the
4471-applicant from banks or other financial institutions, surety companies,
4472-dealers in material, equipment, or supplies, or other persons having
4473-business transactions with an applicant and must expressly authorize
4474-all financial institutions or other persons to furnish information
4475-requested by the department.
4476-(b) The department shall adopt rules under IC 4-22-2 including
4477-emergency rules adopted in the manner provided under IC 4-22-2-37.1,
4478-that establish the requirements for financial statements furnished to the
4479-department by potential applicants for the purpose of determining an
4480-applicant's eligibility and financial capacity under this chapter.
4481-(c) This chapter shall be administered without reference to the
4482-residence of applicants, and its provisions and the rules of the
4483-department adopted under this chapter apply equally to residents and
4484-nonresidents of Indiana. This chapter does not apply to the purchase of
4485-material, equipment, and supplies or to the construction and
4486-maintenance of buildings.
4487-(d) Notwithstanding IC 5-14-3-4(a)(5), a financial statement
4488-submitted to the department under this chapter is considered
4489-confidential financial information for the purposes of IC 5-14-3.
4490-SECTION 89. IC 8-23-20-25.7, AS ADDED BY P.L.97-2022,
4491-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4492-JULY 1, 2024]: Sec. 25.7. The department may adopt emergency rules
4493-under IC 4-22-2 to implement this chapter. A rule adopted under this
4494-section expires only with the adoption of a new superseding rule.
4495-SECTION 90. IC 8-23-20.5-6, AS ADDED BY P.L.97-2022,
4496-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4497-JULY 1, 2024]: Sec. 6. The department may adopt emergency rules
4498-under IC 4-22-2 to implement this chapter. A rule adopted under this
4499-section expires only with the adoption of a new superseding rule.
4500-SECTION 91. IC 9-17-5-6, AS AMENDED BY P.L.118-2022,
4501-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4502-JULY 1, 2024]: Sec. 6. (a) As used in this section, "qualified service
4503-provider" means a person able to provide electronic lien or electronic
4504-title services in coordination with vehicle lienholders and state
4505-departments of motor vehicles.
4506-(b) As used in this section, "qualified vendor" refers to a person with
4507-whom the bureau contracts to:
4508-SEA 4 — CC 1 106
4509-(1) develop;
4510-(2) implement; and
4511-(3) provide ongoing support with respect to;
4512-a statewide electronic lien and title system under this section.
4513-(c) As used in this section, "statewide electronic lien and title
4514-system" or "system" means a statewide electronic lien and title system
4515-implemented by the bureau under this section to process:
4516-(1) vehicle titles;
4517-(2) certificate of title data in which a lien is notated; and
4518-(3) the notification, maintenance, and release of security interests
4519-in vehicles;
4520-through electronic means instead of paper documents.
4521-(d) Not later than the dates set forth in subsection (h), the bureau
4522-shall implement a statewide electronic lien and title system for the
4523-following purposes:
4524-(1) To facilitate and promote commerce and governmental
4525-transactions by validating and authorizing the use of electronic
4526-records.
4527-(2) To modernize the law and eliminate barriers to electronic
4528-commerce and governmental transactions resulting from
4529-uncertainties related to handwritten and other written materials.
4530-(3) To promote uniformity of the law among the states relating to
4531-the use of electronic and similar technological means of effecting
4532-and performing commercial and governmental transactions.
4533-(4) To promote public confidence in the validity, integrity, and
4534-reliability of electronic commerce and governmental transactions.
4535-(5) To promote the development of the legal and business
4536-infrastructure necessary to implement electronic commerce and
4537-governmental transactions.
4538-(e) The bureau may:
4539-(1) contract with one (1) or more qualified vendors to develop and
4540-implement a statewide electronic lien and title system; or
4541-(2) develop and make available to qualified service providers a
4542-well defined set of information services that will enable secure
4543-access to the data and internal application components necessary
4544-to facilitate the creation of a statewide electronic lien and title
4545-system.
4546-(f) If the bureau elects under subsection (e)(1) to contract with one
4547-(1) or more qualified vendors to develop and implement a statewide
4548-electronic lien and title system, the following apply:
4549-(1) The bureau shall issue a competitive request for proposals to
4550-assess the qualifications of any vendor seeking to develop,
4551-SEA 4 — CC 1 107
4552-implement, and provide ongoing support for the system. The
4553-bureau may reserve the right to receive input concerning
4554-specifications for the establishment and operation of the system
4555-from parties that do not respond to the bureau's request for
4556-proposals.
4557-(2) A contract entered into between the bureau and a qualified
4558-vendor may not provide for any costs or charges payable by the
4559-bureau to the qualified vendor. The qualified vendor shall
4560-reimburse the bureau for any reasonable and documented costs
4561-incurred by the bureau and directly associated with the
4562-development, implementation, or ongoing support of the system.
4563-(3) Upon implementing a statewide electronic lien and title
4564-system under this section, the qualified vendor may charge
4565-participating lienholders or their agents a fee for each lien
4566-notification transaction provided through the system, in order to
4567-recover the qualified vendor's costs associated with the
4568-development, implementation, and ongoing administration of the
4569-system. A lien notification fee under this subdivision must be
4570-consistent with market pricing and may not exceed three dollars
4571-and fifty cents ($3.50). The qualified vendor may not charge
4572-lienholders or their agents any additional fee for lien releases,
4573-assignments, or transfers. The qualified vendor may not charge a
4574-fee under this subdivision to a state agency or its agents for lien
4575-notification, lien release, lien assignment, or lien transfer. To
4576-recover their costs associated with the lien, participating
4577-lienholders or their agents may charge:
4578-(A) the borrower in a vehicle loan; or
4579-(B) the lessee in a vehicle lease;
4580-an amount equal to any lien notification fee imposed by the
4581-qualified vendor under this subdivision, plus a fee in an amount
4582-not to exceed three dollars ($3) for each electronic transaction in
4583-which a lien is notated.
4584-(4) A qualified vendor may also serve as a qualified service
4585-provider to motor vehicle lienholders if the following conditions
4586-are met:
4587-(A) The contract between the bureau and the qualified vendor
4588-must include provisions specifically prohibiting the qualified
4589-vendor from using information concerning vehicle titles for
4590-any commercial, marketing, business, or other purpose not
4591-specifically contemplated by this chapter.
4592-(B) The contract between the bureau and the qualified vendor
4593-must include an acknowledgment by the qualified vendor that
4594-SEA 4 — CC 1 108
4595-the qualified vendor is required to enter into agreements to
4596-exchange electronic lien data with any:
4597-(i) qualified service providers that offer electronic lien or
4598-title services in Indiana and that have been approved by the
4599-bureau for participation in the system; and
4600-(ii) qualified service providers that are not qualified vendors.
4601-(C) The bureau must periodically monitor the fees charged by
4602-a qualified vendor that also:
4603-(i) serves as a qualified service provider to lienholders; or
4604-(ii) provides services as a qualified vendor to other qualified
4605-service providers;
4606-to ensure that the qualified vendor is not engaging in predatory
4607-pricing.
4608-(g) If the bureau elects under subsection (e)(2) to develop an
4609-interface to provide qualified service providers secure access to data to
4610-facilitate the creation of a statewide electronic lien and title system, the
4611-following apply:
4612-(1) The bureau shall establish:
4613-(A) the total cost to develop the statewide electronic lien and
4614-title system by July 1, 2022;
4615-(B) qualifications for third party service providers offering
4616-electronic lien services; and
4617-(C) a qualification process to:
4618-(i) evaluate electronic lien and title system technologies
4619-developed by third party service providers; and
4620-(ii) determine whether such technologies comply with
4621-defined security and platform standards.
4622-(2) Not later than July 1, 2022, the bureau shall publish on the
4623-bureau's Internet web site website the qualifications established
4624-by the bureau under subdivision (1). A third party service
4625-provider that seeks to become qualified by the bureau under this
4626-subsection must demonstrate the service provider's qualifications,
4627-in the form and manner specified by the bureau, not later than
4628-thirty (30) days after the date of the bureau's publication under
4629-this subdivision. After the elapse of the thirty (30) day period
4630-during which third party service providers may respond to the
4631-bureau's publication under this subdivision, the bureau shall
4632-notify each responding third party service provider as to:
4633-(A) the total cost to develop the system, as determined by the
4634-bureau under subdivision (1); and
4635-(B) whether the third party service provider has met the
4636-qualifications established by the bureau under subdivision (1)
4637-SEA 4 — CC 1 109
4638-and is approved to participate in the statewide electronic lien
4639-and title system.
4640-(3) Not later than thirty (30) days after receiving a notice of
4641-approval from the bureau under subdivision (2), each qualified
4642-service provider shall notify the bureau of the qualified service
4643-provider's intention to participate in the statewide electronic lien
4644-and title system.
4645-(4) Upon implementing a statewide electronic lien and title
4646-system under this section, the bureau may charge participating
4647-service providers or their agents a fee for each lien transaction
4648-provided through the system in order to recover the bureau's costs
4649-associated with the development, implementation, and ongoing
4650-administration of the system. A fee under this subdivision must be
4651-consistent with market pricing and may not exceed three dollars
4652-and twenty-five cents ($3.25). A fee collected under this
4653-subdivision shall be deposited in the commission fund. Fees
4654-collected by the bureau for the implementation of a statewide
4655-electronic lien and title system are limited to those contained in
4656-this subdivision. This subdivision expires July 1, 2025.
4657-(5) A contract entered into between the bureau and a qualified
4658-service provider may not provide for any costs or charges payable
4659-by the bureau to the qualified service provider.
4660-(6) Upon the implementation of a statewide electronic lien and
4661-title system under this section, a qualified service provider may
4662-charge participating lienholders or their agents transaction fees
4663-consistent with market pricing in addition to the fees described in
4664-subdivision (4). A fee under this subdivision may not be charged
4665-to a state agency or its agents for lien notification, lien release,
4666-lien assignment, or lien transfer. To recover their costs associated
4667-with a lien, participating lienholders or their agents may charge:
4668-(A) the borrower in a vehicle loan; or
4669-(B) the lessee in a vehicle lease;
4670-an amount equal to any fee imposed by a qualified service
4671-provider under this subdivision, plus a fee in an amount not to
4672-exceed three dollars ($3) for each electronic transaction in which
4673-a lien is notated. This subdivision expires July 1, 2025.
4674-(7) The contract between the bureau and a qualified service
4675-provider must include provisions specifically prohibiting the
4676-qualified service provider from using information concerning
4677-vehicle titles for any commercial, marketing, business, or other
4678-purpose not specifically contemplated by this chapter.
4679-(h) Subject to subsection (i), the bureau shall implement, and allow
4680-SEA 4 — CC 1 110
4681-or require the use of, a statewide electronic lien and title system under
4682-this section as follows:
4683-(1) A statewide electronic lien system that is capable of
4684-processing:
4685-(A) certificate of title data in which a lien is notated; and
4686-(B) the notification, maintenance, and release of security
4687-interests in vehicles;
4688-through electronic means must be made available for voluntary
4689-use by vehicle lienholders not later than July 1, 2022.
4690-(2) Subject to subsection (j)(5), the bureau shall require that the
4691-statewide electronic lien system made available under subdivision
4692-(1) be used for processing:
4693-(A) certificate of title data in which a lien is notated; and
4694-(B) the notification, maintenance, and release of security
4695-interests in vehicles;
4696-after June 30, 2023.
4697-(3) A statewide electronic title system capable of processing
4698-vehicle titles through electronic means must be made available for
4699-voluntary use by vehicle dealers, lienholders, and owners not later
4700-than July 1, 2025.
4701-(4) The bureau shall require that the statewide electronic title
4702-system made available under subdivision (3) be used for
4703-processing vehicle titles after June 30, 2026.
4704-(i) Subsection (h) does not prohibit the bureau or any:
4705-(1) qualified vendor with whom the bureau contracts under
4706-subsection (f); or
4707-(2) qualified service provider with whom the bureau contracts
4708-under subsection (g);
4709-from implementing, making available, or requiring the use of a
4710-statewide electronic lien system described in subsection (h)(1) at the
4711-same time as, or in conjunction with, a statewide electronic title system
4712-described in subsection (h)(3), or from implementing, making
4713-available, or requiring the use of a statewide electronic lien system
4714-described in subsection (h)(1) or a statewide electronic title system
4715-described in subsection (h)(3) before the applicable dates otherwise set
4716-forth in subsection (h).
4717-(j) The following apply to the use of a statewide electronic lien
4718-system described in subsection (h)(1):
4719-(1) Notwithstanding section 5(b) of this chapter, if there are one
4720-(1) or more liens or encumbrances on a motor vehicle, the bureau
4721-may electronically transmit the lien to the first lienholder and
4722-notify the first lienholder of any additional liens. Subsequent lien
4723-SEA 4 — CC 1 111
4724-satisfactions may be electronically transmitted to the bureau and
4725-must include the name and address of the person satisfying the
4726-lien.
4727-(2) Whenever the electronic transmission of lien notifications and
4728-lien satisfactions is used, a certificate of title need not be issued
4729-until the last lien is satisfied and a clear certificate of title can be
4730-issued to the owner of the motor vehicle. The bureau may print or
4731-issue electronically the clear certificate of title to the owner or
4732-subsequent assignee of the motor vehicle.
4733-(3) If a motor vehicle is subject to an electronic lien, the
4734-certificate of title for the motor vehicle is considered to be
4735-physically held by the lienholder for purposes of compliance with
4736-state or federal odometer disclosure requirements.
4737-(4) A certified copy of the bureau's electronic record of a lien is
4738-admissible in any civil, criminal, or administrative proceeding in
4739-Indiana as evidence of the existence of the lien. If a certificate of
4740-title is maintained electronically in a statewide electronic title
4741-system described in subsection (h)(3), a certified copy of the
4742-bureau's electronic record of the certificate of title is admissible
4743-in any civil, criminal, or administrative proceeding in Indiana as
4744-evidence of the existence and contents of the certificate of title.
4745-(5) All individuals and lienholders who conduct at least twelve
4746-(12) lien transactions annually must use the statewide electronic
4747-lien and title system implemented under this section to record
4748-information concerning the perfection and release of a security
4749-interest in a vehicle.
4750-(6) An electronic notice or release of a lien made through the
4751-statewide electronic lien and title system implemented under this
4752-section has the same force and effect as a notice or release of a
4753-lien made on a paper document.
4754-(7) The bureau may convert an existing paper lien to an electronic
4755-lien upon request of the primary lienholder. The bureau, or a third
4756-party contracting with the bureau under this section, is authorized
4757-to collect a fee not to exceed three dollars ($3) for each
4758-conversion performed under this subdivision. A fee under this
4759-subdivision may not be charged to a state agency or its agents.
4760-(8) Notwithstanding section 5 of this chapter, any requirement
4761-that a security interest or other information appear on a certificate
4762-of title is satisfied by the inclusion of that information in an
4763-electronic file maintained in an electronic title system.
4764-(k) Nothing in this section precludes the bureau from collecting a
4765-title fee for the preparation and issuance of a title.
4766-SEA 4 — CC 1 112
4767-(l) The bureau may adopt rules under IC 4-22-2 to implement this
4768-section. including emergency rules in the manner provided by
4769-IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency rule
4770-adopted by the bureau under this subsection and in the manner
4771-provided by IC 4-22-2-37.1 expires on the date on which a rule that
4772-supersedes the emergency rule is adopted by the bureau under
4773-IC 4-22-2-24 through IC 4-22-2-36.
4774-SECTION 92. IC 9-20-1-3, AS AMENDED BY P.L.140-2013,
4775-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4776-JULY 1, 2024]: Sec. 3. (a) This subsection does not apply to any
4777-highway or street in the state highway system. Except as provided in
4778-subsection (e), local authorities, with respect to highways under their
4779-jurisdiction, may by ordinance:
4780-(1) prohibit the operation of vehicles upon any highway; or
4781-(2) impose restrictions as to the weight of vehicles to be operated
4782-upon any highway;
4783-for a total period not to exceed ninety (90) days in any one (1) year,
4784-whenever any highway by reason of deterioration, rain, snow, or other
4785-climatic conditions will be seriously damaged or destroyed without the
4786-regulation of vehicles.
4787-(b) A local authority adopting an ordinance under subsection (a)
4788-shall erect or cause to be erected and maintained signs specifying the
4789-terms of the ordinance at each end of that part of any highway affected
4790-by the ordinance and at intersecting highways. The ordinance may not
4791-be enforced until the signs are erected and maintained.
4792-(c) Except as provided in subsection (e), local authorities with
4793-respect to highways under their jurisdiction, except highways in the
4794-state highway system and state maintained routes through cities and
4795-towns, may by ordinance do the following:
4796-(1) Prohibit the operation of trucks or other commercial vehicles.
4797-(2) Impose limitations as to the weight, size, or use of those
4798-vehicles on designated highways.
4799-The prohibitions and limitations must be designated by appropriate
4800-signs placed on the highways.
4801-(d) The Indiana department of transportation has the same authority
4802-granted to local authorities in subsections (a) and (c) to determine by
4803-executive order and to impose restrictions as to weight, size, and use of
4804-vehicles operated upon a highway in the state highway system,
4805-including state maintained routes through cities and towns. These
4806-restrictions may not be enforced until signs giving notice of the
4807-restrictions are erected upon the highway or part of the highway
4808-affected by the order.
4809-SEA 4 — CC 1 113
4810-(e) The commissioner of the Indiana department of transportation
4811-may designate an order adopted under subsection (d) as an emergency
4812-a rule and adopt the order in the same manner as emergency rules are
4813-adopted under IC 4-22-2-37.1. as a rule under IC 4-22-2.
4814-(f) A local authority may not, in an ordinance passed under
4815-subsection (a) or (c), prohibit the operation of buses that are not more
4816-than forty-five (45) feet in length on any segment of the primary system
4817-(as defined in IC 8-23-1-33) that was in existence on June 1, 1991.
4818-SECTION 93. IC 9-20-1-5, AS ADDED BY P.L.198-2016,
4819-SECTION 338, IS AMENDED TO READ AS FOLLOWS
4820-[EFFECTIVE JULY 1, 2024]: Sec. 5. The Indiana department of
4821-transportation shall adopt emergency rules in the manner provided
4822-under IC 4-22-2-37.1 under IC 4-22-2 for the:
4823-(1) issuance, fee structure, and enforcement of permits for
4824-overweight divisible loads;
4825-(2) fee structure of permits for loads on extra heavy duty
4826-highways; and
4827-(3) fee structure of permits for overweight loads.
4828-A rule adopted under this section expires only with the adoption of a
4829-new superseding rule.
4830-SECTION 94. IC 9-20-6-2.2, AS ADDED BY P.L.179-2021,
4831-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4832-JULY 1, 2024]: Sec. 2.2. (a) This section applies to overweight
4833-divisible loads (as defined in IC 9-13-2-120.7).
4834-(b) As used in this section, "equivalent single axle load" means the
4835-known quantifiable and standardized amount of damage to highway
4836-pavement structures equivalent to one (1) pass of a single eighteen
4837-thousand (18,000) pound dual tire axle, with all four (4) tires on the
4838-axle inflated to one hundred ten (110) pounds per square inch.
4839-(c) A permit issued under this section does not apply to a highway
4840-under a local authority's jurisdiction.
4841-(d) Subject to subsection (e), the Indiana department of
4842-transportation may, upon proper application in writing, grant a permit
4843-for transporting overweight vehicles and overweight divisible loads
4844-carrying resources on a highway in the state highway system, including
4845-state maintained routes through cities and towns.
4846-(e) A permit granted under this section may be used only on
4847-designated highways within the state highway system, avoiding
4848-highways under a local authority's jurisdiction.
4849-(f) A permit issued under this section may designate the route to be
4850-traversed and may contain any other restrictions or conditions required
4851-for the safe movement of the vehicle. If the department designates a
4852-SEA 4 — CC 1 114
4853-route, a deviation from that route constitutes a violation subject to a
4854-civil penalty under IC 9-20-18-14.5.
4855-(g) A permit issued under this section is limited to a gross vehicle
4856-weight of more than eighty thousand (80,000) pounds, but not more
4857-than one hundred twenty thousand (120,000) pounds.
4858-(h) Not later than October 1, 2021, the Indiana department of
4859-transportation shall recalculate and apply permit fees for annual and
4860-trip permits granted under this section based on the Joint
4861-Transportation Research Program publication No.
4862-FHWA/IN/JTRP-2014/14. The Indiana department of transportation
4863-shall consider the impact of overweight divisible loads on roads and
4864-highways in recalculating permit fees under this subsection.
4865-(i) Except as provided in subsection (k), the Indiana department of
4866-transportation may not issue more than eight thousand five hundred
4867-(8,500) single trip permits annually for applicants with a total
4868-equivalent single axle load calculation of more than 2.40 equivalent
4869-single axle load credit.
4870-(j) A trip permit limit set under subsection (i) and a permit weight
4871-limit set under subsection (g) do not include overweight divisible load
4872-permits obtained by shippers and carriers that obtained permits before
4873-January 1, 2021.
4874-(k) The Indiana department of transportation may temporarily
4875-increase the number of permits issued under subsection (i) by order of
4876-the commissioner in response to an emergency or changes in market
4877-conditions as defined by rules adopted under subsection (m).
4878-(l) The Indiana department of transportation may limit the number
4879-of permits issued under subsection (i) to an individual applicant.
4880-(m) The Indiana department of transportation shall adopt rules
4881-under IC 4-22-2 including emergency rules in the manner provided
4882-under IC 4-22-2-37.1, for the issuance, administration, fee structure,
4883-calculation of equivalent single axle load values, and enforcement of
4884-a permit under this section due to lack of transportation options for
4885-certain resources, supply chain interruptions, or supply dock backlogs.
4886-(n) The Indiana department of transportation may suspend
4887-overweight divisible load permitting if the department observes an
4888-unusual increase in:
4889-(1) infrastructure damage on a permitted route; or
4890-(2) the number of accidents associated with overweight divisible
4891-loads.
4892-(o) Not later than July 1, 2023, the Indiana department of
4893-transportation shall submit a report to the legislative council and to the
4894-interim study committee on roads and transportation established by
4895-SEA 4 — CC 1 115
4896-IC 2-5-1.3-4 in an electronic format under IC 5-14-6 regarding:
4897-(1) the fee structure and recommended changes to the fee
4898-structure for permits issued under this section; and
4899-(2) the impact of overweight divisible loads on roads and
4900-highways.
4901-(p) Beginning July 1, 2022, the Indiana department of transportation
4902-shall, before July 1 of each year, submit a report to the legislative
4903-council and to the interim study committee on roads and transportation
4904-established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6
4905-regarding the market fluctuation in the number of overweight divisible
4906-load permits issued during the previous year.
4907-(q) Beginning July 1, 2022, the Indiana state police department
4908-shall, before July 1 of each year, submit a report to the legislative
4909-council and to the interim study committee on roads and transportation
4910-established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6
4911-regarding the number of accidents involving applicants permitted for
4912-overweight divisible loads. The report must include at least the
4913-following:
4914-(1) The number of accidents that resulted in property damage.
4915-(2) The number of accidents that resulted in personal injury.
4916-SECTION 95. IC 9-21-3-2, AS AMENDED BY P.L.196-2017,
4917-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4918-JULY 1, 2024]: Sec. 2. (a) Each traffic signal installation on a street or
4919-highway within Indiana must comply with the installation guidelines
4920-set forth in the Indiana Manual on Uniform Traffic Control Devices for
4921-Streets and Highways.
4922-(b) The Indiana department of transportation shall adopt rules under
4923-IC 4-22-2 including emergency rules adopted in the manner provided
4924-under IC 4-22-2-37.1, to establish a procedure for approving the
4925-installation of traffic control signals under this chapter. The rules must
4926-include the following:
4927-(1) A procedure that requires a traffic engineering study that
4928-verifies that the installation of a traffic control signal at a
4929-particular location is necessary.
4930-(2) A procedure that does not require a traffic engineering study
4931-that verifies that the installation of a traffic control signal at a
4932-particular location is necessary.
4933-(c) If:
4934-(1) the proposed installation is in the immediate vicinity of a
4935-school; and
4936-(2) the installation does not meet the requirements of this section;
4937-the governmental unit responsible for the control of traffic at the
4938-SEA 4 — CC 1 116
4939-location shall grant a special hearing on the question to a person who
4940-has properly petitioned for the installation of a traffic signal.
4941-SECTION 96. IC 9-21-4-7, AS AMENDED BY P.L.140-2013,
4942-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4943-JULY 1, 2024]: Sec. 7. (a) Whenever, under this article, the Indiana
4944-department of transportation designates or determines the location of,
4945-necessity for, and extent of:
4946-(1) traffic control devices;
4947-(2) state speed limits, other than maximum limits;
4948-(3) speed limits on elevated structures;
4949-(4) no passing zones;
4950-(5) one-way roadways;
4951-(6) certain lanes for slow moving traffic;
4952-(7) course of turning movements at intersections;
4953-(8) dangerous railroad crossings requiring stops;
4954-(9) through highways and stop intersections;
4955-(10) angle parking; or
4956-(11) restrictions on the use of highways for certain periods or for
4957-certain vehicles, including low speed vehicles;
4958-the designation or determination shall be by order of the commissioner
4959-of the Indiana department of transportation and shall, except for
4960-subdivision (1), be evidenced by official signs or markings under this
4961-article. The commissioner of the Indiana department of transportation
4962-may designate an order adopted under this subsection as an emergency
4963-a rule and adopt the order in the same manner as emergency rules are
4964-adopted under IC 4-22-2-37.1. as a rule under IC 4-22-2.
4965-(b) At a trial of a person charged with a violation of the restrictions
4966-imposed by subsection (a) and in all civil actions, oral evidence of the
4967-location and content of the signs or markings is prima facie evidence
4968-of the adoption and application of the restriction by the Indiana
4969-department of transportation and the validity of the adoption and
4970-application of the restriction. The Indiana department of transportation
4971-shall, upon request by a party in an action at law, furnish, under the seal
4972-of the Indiana department of transportation, a certification of the order
4973-establishing the restriction in question. A certification under this
4974-subsection shall be accepted by any court as conclusive proof of the
4975-designation or determination by the commissioner of the Indiana
4976-department of transportation. Certified copies shall be furnished
4977-without cost to the parties to a court action involving the restriction
4978-upon request.
4979-(c) Whenever, under this article, a permit or permission of the
4980-Indiana department of transportation is required, the permit must be in
4981-SEA 4 — CC 1 117
4982-writing and under the seal of the Indiana department of transportation.
4983-SECTION 97. IC 9-21-4-10 IS REPEALED [EFFECTIVE JULY 1,
4984-2024]. Sec. 10. If the Indiana department of transportation designates
4985-a rule under section 8 or 9 of this chapter as an emergency rule, the
4986-department may adopt the rule under IC 4-22-2-37.1.
4987-SECTION 98. IC 9-24-6.1-2, AS AMENDED BY P.L.256-2017,
4988-SECTION 166, IS AMENDED TO READ AS FOLLOWS
4989-[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The bureau shall develop and
4990-implement a commercial driver's license program to:
4991-(1) issue commercial driver's licenses, commercial learner's
4992-permits, and related endorsements and restrictions; and
4993-(2) regulate persons required to hold a commercial driver's
4994-license.
4995-(b) Subject to IC 8-2.1-24-18, the program under subsection (a)
4996-must include procedures required to comply with 49 CFR 383 through
4997-49 CFR 399.
4998-(c) The bureau may adopt emergency rules in the manner provided
4999-under IC 4-22-2-37.1 IC 4-22-2 to implement this chapter.
5000-SECTION 99. IC 9-30-6-5.5 IS REPEALED [EFFECTIVE JULY
5001-1, 2024]. Sec. 5.5. (a) Notwithstanding IC 4-22-2, to implement
5002-P.L.1-2000, the director of the department of toxicology of the Indiana
5003-University School of Medicine may adopt a rule required under section
5004-5 of this chapter, section 6 of this chapter, or both in the manner
5005-provided for emergency rules under IC 4-22-2-37.1.
5006-(b) A rule adopted under this section is effective when it is filed
5007-with the secretary of state and expires on the latest of the following:
5008-(1) The date that the director adopts another emergency rule
5009-under this section to amend, repeal, or otherwise supersede the
5010-previously adopted emergency rule.
5011-(2) The date that the director adopts a permanent rule under
5012-IC 4-22-2 to amend, repeal, or otherwise supersede the previously
5013-adopted emergency rule.
5014-(3) July 1, 2001.
5015-(c) For the purposes of IC 9-30-7-4, IC 14-15-8-14 (before its
5016-repeal), IC 35-46-9, and other statutes, the provisions of a rule adopted
5017-under this section shall be treated as a requirement under section 5 of
5018-this chapter, section 6 of this chapter, or both as appropriate.
5019-SECTION 100. IC 10-14-4-11, AS AMENDED BY P.L.71-2013,
5020-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5021-JULY 1, 2024]: Sec. 11. (a) The director shall adopt rules under
5022-IC 4-22-2 to carry out this chapter.
5023-(b) The director may adopt emergency rules in the manner provided
5024-SEA 4 — CC 1 118
5025-under IC 4-22-2-37.1 to carry out the provisions of this chapter.
5026-SECTION 101. IC 10-17-2-4, AS AMENDED BY P.L.42-2020,
5027-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5028-JULY 1, 2024]: Sec. 4. (a) As used in this section, "photographic
5029-identification" means an identification document that:
5030-(1) shows the name of the individual to whom the document was
5031-issued;
5032-(2) shows a photograph of the individual to whom the document
5033-was issued;
5034-(3) includes an expiration date indicating that the document has
5035-not expired; and
5036-(4) was issued by the United States or a state or territory of the
5037-United States.
5038-(b) A discharge record is not a public record under IC 5-14-3. A
5039-county recorder shall provide a certified copy of a discharge record at
5040-the request of the following persons:
5041-(1) The veteran who is the subject of the discharge record if the
5042-veteran provides photographic identification.
5043-(2) A person who provides photographic identification that
5044-identifies the person as a state, county, or city service officer.
5045-(3) A person who provides photographic identification that
5046-identifies the person as an employee of the Indiana department of
5047-veterans' affairs.
5048-(4) A person who:
5049-(A) is a funeral director licensed under IC 25-15; and
5050-(B) assists with the burial of the veteran who is the subject of
5051-the discharge record;
5052-if the person provides photographic identification and the person's
5053-funeral director license.
5054-(5) If the veteran who is the subject of the discharge record is
5055-deceased, the spouse or next of kin of the deceased, if the spouse
5056-or next of kin provides photographic identification and a copy of
5057-the veteran's death certificate.
5058-(6) The following persons, if the person provides photographic
5059-identification:
5060-(A) The attorney in fact of the person who is the subject of the
5061-discharge record, if the attorney in fact provides a copy of the
5062-power of attorney.
5063-(B) The guardian of the person who is the subject of the
5064-discharge record, if the guardian of the person provides a copy
5065-of the court order appointing the guardian of the person.
5066-(C) The personal representative of the estate of the deceased,
5067-SEA 4 — CC 1 119
5068-if the person who is the subject of the discharge record is
5069-deceased and the personal representative of the estate provides
5070-a copy of the court order appointing the personal
5071-representative of the estate.
5072-(c) To the extent technologically feasible, a county recorder shall
5073-take precautions to prevent the disclosure of a discharge record filed
5074-with the county recorder before May 15, 2007. After May 14, 2007, a
5075-county recorder shall ensure that a discharge record filed with the
5076-county recorder is maintained in a separate, confidential, and secure
5077-file.
5078-(d) Disclosure of a discharge record by the county recorder under
5079-this section is subject to IC 5-14-3-10.
5080-(e) A person who:
5081-(1) is described in subsection (b)(1) through (b)(6); and
5082-(2) uses or discloses:
5083-(A) a discharge record; or
5084-(B) the information contained in a discharge record;
5085-for a purpose that is outside the scope of the person's authorized or
5086-official capacity commits a Class A infraction.
5087-(f) The department shall develop a process concerning the release
5088-of discharge records by county recorders to eligible persons. The
5089-process described under this subsection shall be implemented not later
5090-than December 30, 2020.
5091-(g) The department may adopt rules under IC 4-22-2 including
5092-emergency rules under IC 4-22-2-37.1, to implement subsection (f).
5093-SECTION 102. IC 10-19-11-4, AS AMENDED BY P.L.187-2021,
5094-SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5095-JULY 1, 2024]: Sec. 4. (a) Byproduct material shall be licensed and
5096-regulated in Indiana by the Nuclear Regulatory Commission until the
5097-governor, on behalf of the state, enters into an agreement with the
5098-Nuclear Regulatory Commission for the state to assume regulation of
5099-the use of byproduct material under subsection (d).
5100-(b) Source material shall be licensed and regulated in Indiana by the
5101-Nuclear Regulatory Commission until the governor, on behalf of the
5102-state, enters into an agreement with the Nuclear Regulatory
5103-Commission for the state to assume regulation of the use of source
5104-materials under subsection (d).
5105-(c) Special nuclear material shall be licensed and regulated in
5106-Indiana by the Nuclear Regulatory Commission until the governor, on
5107-behalf of the state, enters into an agreement with the Nuclear
5108-Regulatory Commission to assume regulation of the use of special
5109-nuclear material under subsection (d).
5110-SEA 4 — CC 1 120
5111-(d) The governor, or the governor's appointee on behalf of the state,
5112-may enter into an agreement with the Nuclear Regulatory Commission
5113-to assume regulation, as authorized under the federal Atomic Energy
5114-Act of 1954, of the use of the following:
5115-(1) Byproduct material.
5116-(2) Source material.
5117-(3) Special nuclear material.
5118-(e) An agreement entered into under subsection (d) may provide for
5119-the federal government to relinquish certain of its responsibilities with
5120-respect to sources of ionizing radiation and for the state to assume
5121-those responsibilities.
5122-(f) After the governor, on behalf of the state, enters into an
5123-agreement with the Nuclear Regulatory Commission under subsection
5124-(d), the department may adopt rules under IC 4-22-2 to implement the
5125-agreement. including emergency rules in the manner provided under
5126-IC 4-22-2-37.1.
5127-SECTION 103. IC 10-19-12-14, AS ADDED BY P.L.28-2022,
5128-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5129-JULY 1, 2024]: Sec. 14. (a) Rules shall be promulgated under this
5130-chapter in accordance with IC 4-22-2.
5131-(b) Orders shall be issued under this chapter in accordance with
5132-IC 4-21.5.
5133-(c) In any proceeding for licensing ores processed primarily for their
5134-source material content and disposal of byproduct material or for
5135-licensing disposal of low-level radioactive waste, the department shall
5136-provide:
5137-(1) an opportunity, after public notice, for written comments and
5138-a public hearing, with a transcript;
5139-(2) an opportunity for cross-examination; and
5140-(3) a written determination of the action to be taken, which is
5141-based upon findings included in the determination and upon
5142-evidence presented during the public comment period.
5143-(d) In any proceeding for licensing ores processed primarily for their
5144-source material content and disposal of byproduct material or for
5145-licensing disposal of low-level radioactive waste, the department shall
5146-prepare, for each licensed activity that has a significant impact on the
5147-human environment, a written analysis of the impact of such licensed
5148-activity on the environment. The analysis shall be available to the
5149-public before the commencement of hearings held pursuant to
5150-subsection (c) and shall include the following:
5151-(1) An assessment of the radiological and nonradiological impacts
5152-to the public health.
5153-SEA 4 — CC 1 121
5154-(2) An assessment of any impact on any waterway and
5155-groundwater.
5156-(3) Consideration of alternatives, including alternative sites and
5157-engineering methods, to the activities to be conducted.
5158-(4) Consideration of the long-term impacts, including
5159-decommissioning, decontamination, and reclamation of facilities
5160-and sites associated with the licensed activities and management
5161-of any radioactive materials that will remain on the site after such
5162-decommissioning, decontamination, and reclamation.
5163-(e) The department shall prohibit any major construction with
5164-respect to any activity for which an environmental impact analysis is
5165-required by subsection (d) prior to completion of such analysis.
5166-(f) Whenever the department finds that an emergency exists
5167-requiring immediate action to protect the public health and safety, the
5168-department may adopt emergency rules under IC 4-22-2-37.1
5169-IC 4-22-2 or issue emergency orders under IC 4-21.5-4 to address the
5170-emergency.
5171-SECTION 104. IC 10-21-3-3, AS ADDED BY P.L.218-2023,
5172-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5173-JULY 1, 2024]: Sec. 3. (a) A charter school, accredited nonpublic
5174-school, or school corporation shall apply for a grant from the
5175-department in the form and manner prescribed by the department.
5176-(b) The department may adopt rules under IC 4-22-2 including
5177-emergency rules in the manner provided under IC 4-22-2-37.1, to
5178-implement this section.
5179-SECTION 105. IC 12-8-1.5-11, AS ADDED BY P.L.160-2012,
5180-SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5181-JULY 1, 2024]: Sec. 11. (a) If:
5182-(1) the sums appropriated by the general assembly in the biennial
5183-budget to the family and social services administration for the
5184-Medicaid assistance, Medicaid administration, public assistance
5185-(TANF), and the IMPACT (JOBS) work program are insufficient
5186-to enable the office of the secretary to meet its obligations; and
5187-(2) the failure to appropriate additional funds would:
5188-(A) violate a provision of federal law; or
5189-(B) jeopardize the state's share of federal financial
5190-participation applicable to the state appropriations contained
5191-in the biennial budget for Medicaid assistance, Medicaid
5192-administration, public assistance (TANF), or the IMPACT
5193-(JOBS) work program;
5194-then there are appropriated further sums as may be necessary to remedy
5195-a situation described in this subsection, subject to the approval of the
5196-SEA 4 — CC 1 122
5197-budget director and the unanimous recommendation of the members of
5198-the budget committee. However, before approving a further
5199-appropriation under this subsection, the budget director shall explain
5200-to the budget committee the factors indicating that a condition
5201-described in subdivision (2) would be met.
5202-(b) If:
5203-(1) the sums appropriated by the general assembly in the biennial
5204-budget to the family and social services administration for
5205-Medicaid assistance, Medicaid administration, public assistance
5206-(TANF), and the IMPACT (JOBS) work program are insufficient
5207-to enable the family and social services administration to meet its
5208-obligations; and
5209-(2) neither of the conditions in subsection (a)(2) would result
5210-from a failure to appropriate additional funds;
5211-then there are appropriated further sums as may be necessary to remedy
5212-a situation described in this subsection, subject to the approval of the
5213-budget director and the unanimous recommendation of the members of
5214-the budget committee. However, before approving a further
5215-appropriation under this subsection, the budget director shall explain
5216-to the budget committee the factors indicating that a condition
5217-described in subdivision (2) would be met.
5218-(c) Notwithstanding IC 12-14 and IC 12-15 (except for a clinical
5219-advisory panel established under IC 12-15), and except as provided in
5220-subsection (d), the office of the secretary may by rule adjust programs,
5221-eligibility standards, and benefit levels to limit expenditures from
5222-Medicaid assistance, Medicaid administration, public assistance
5223-(TANF), and the IMPACT (JOBS) work program. The office of the
5224-secretary may adopt emergency rules under IC 4-22-2-37.1 IC 4-22-2
5225-to make an adjustment authorized by this subsection. However,
5226-adjustments under this subsection may not:
5227-(1) violate a provision of federal law; or
5228-(2) jeopardize the state's share of federal financial participation
5229-applicable to the state appropriations contained in the biennial
5230-budget for Medicaid assistance, Medicaid administration, public
5231-assistance (TANF), and the IMPACT (JOBS) work program.
5232-(d) Subject to IC 12-15-21-3, any adjustments made under
5233-subsection (c) must:
5234-(1) allow for a licensed provider under IC 12-15 to deliver
5235-services within the scope of the provider's license if the benefit is
5236-covered under IC 12-15; and
5237-(2) provide access to services under IC 12-15 from a provider
5238-under IC 12-15-12.
5239-SEA 4 — CC 1 123
5240-SECTION 106. IC 12-8-6.5-11 IS REPEALED [EFFECTIVE JULY
5241-1, 2024]. Sec. 11. The office shall adopt emergency rules under
5242-IC 4-22-2-37.1 to achieve the reductions needed to avoid expenditures
5243-exceeding the Medicaid appropriation made by P.L.224-2003 in the
5244-line item appropriation to the FAMILY AND SOCIAL SERVICES
5245-ADMINISTRATION, MEDICAID - CURRENT OBLIGATIONS. To
5246-the extent that reductions are made to optional Medicaid services as set
5247-forth in 42 U.S.C. 1396 et seq., the reductions may be accomplished on
5248-a pro rata basis with each optional service being reduced by a
5249-proportionate amount. However, the reductions may not be made in a
5250-manner that results in the elimination of any optional Medicaid service.
5251-SECTION 107. IC 12-10-16-5 IS AMENDED TO READ AS
5252-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The office may
5253-adopt rules under IC 4-22-2 to implement the program.
5254-(b) The office may adopt emergency rules under IC 4-22-2-37.1 to
5255-implement the program on an emergency basis.
5256-SECTION 108. IC 12-11-14-11, AS ADDED BY P.L.12-2016,
5257-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5258-JULY 1, 2024]: Sec. 11. (a) The board may:
5259-(1) employ a manager, who is not a member of the board; and
5260-(2) delegate necessary and appropriate functions and authority to
5261-the manager.
5262-(b) The board has the powers necessary and appropriate to carry out
5263-and effectuate the purposes of this chapter, including the following:
5264-(1) To develop and implement a qualified ABLE program for
5265-Indiana through:
5266-(A) rules adopted under IC 4-22-2; or emergency rules
5267-adopted in the manner provided under IC 4-22-2-37.1; or
5268-(B) rules, guidelines, procedures, or policies established by the
5269-board.
5270-(2) To conform the qualified ABLE program to meet the
5271-requirements of Section 529A of the Internal Revenue Code and
5272-all applicable federal laws and regulations.
5273-(3) To retain professional services, including the following:
5274-(A) Advisers and managers, including investment advisers.
5275-(B) Custodians and other fiduciaries.
5276-(C) Accountants and auditors.
5277-(D) Consultants or other experts.
5278-(E) Actuarial services providers.
5279-(F) Attorneys.
5280-(4) To establish minimum ABLE account deposit amounts (both
5281-initial and periodic).
5282-SEA 4 — CC 1 124
5283-(5) To employ persons, if the board chooses, and as may be
5284-necessary, and to fix the terms of employment.
5285-(6) To recommend legislation to the governor and the general
5286-assembly.
5287-(7) To apply for designation as a tax exempt entity under the
5288-Internal Revenue Code.
5289-(8) To sue and be sued.
5290-(9) To provide or facilitate provision of benefits and incentives for
5291-the benefit of qualified beneficiaries.
5292-(10) To conform the qualified ABLE program to federal tax
5293-advantages or incentives, to the extent consistent with the
5294-purposes and objectives of this chapter.
5295-(11) To charge, impose, and collect administrative fees and
5296-service charges in connection with any agreement, contract, or
5297-transaction under a qualified ABLE program.
5298-(12) To have perpetual succession.
5299-(13) To establish policies and procedures to govern distributions
5300-from ABLE accounts that are not:
5301-(A) made on account of the death or disability of an account
5302-beneficiary; or
5303-(B) rollovers.
5304-(14) To establish penalties for withdrawals of money from ABLE
5305-accounts that are not used exclusively for a qualified disability
5306-expense of an account beneficiary unless a circumstance
5307-described in subdivision (13) applies.
5308-(15) To establish policies and procedures regarding the transfer
5309-of individual ABLE accounts and the designation of substitute
5310-account beneficiaries.
5311-(16) To establish policies and procedures for withdrawal of
5312-money from ABLE accounts for, or in reimbursement of, a
5313-qualified disability expense.
5314-(17) To enter into agreements with ABLE account owners,
5315-account beneficiaries, and contributors, with the agreements
5316-naming:
5317-(A) the account owner; and
5318-(B) the account beneficiary.
5319-(18) To establish ABLE accounts for account beneficiaries.
5320-However, the authority shall establish a separate ABLE account
5321-for each account beneficiary.
5322-(19) To enter into agreements with financial institutions relating
5323-to ABLE accounts as well as deposits, withdrawals, penalties,
5324-allocation of benefits or incentives, and transfers of accounts,
5325-SEA 4 — CC 1 125
5326-account owners, and account beneficiaries.
5327-(20) To develop marketing plans and promotional material.
5328-(21) To enter into agreements with other states to:
5329-(A) allow Indiana residents to participate in a plan operated by
5330-a contracting state with a qualified ABLE program; or
5331-(B) allow residents of contracting states to participate in the
5332-Indiana qualified ABLE program.
5333-(22) To do all things necessary and appropriate to carry out the
5334-purposes of this chapter.
5335-SECTION 109. IC 12-13-16-13, AS ADDED BY P.L.73-2020,
5336-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5337-JULY 1, 2024]: Sec. 13. (a) The office of the secretary may adopt rules
5338-under IC 4-22-2 necessary to implement this chapter.
5339-(b) The office of the secretary may adopt emergency rules under
5340-IC 4-22-2-37.1 to implement this chapter on an emergency basis.
5341-(c) An emergency rule or an amendment to an emergency rule
5342-adopted under this section expires not later than one (1) year after the
5343-rule is accepted for filing under IC 4-22-2-37.1(e).
5344-SECTION 110. IC 12-15-41-15, AS AMENDED BY P.L.197-2011,
5345-SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5346-JULY 1, 2024]: Sec. 15. (a) The office shall adopt rules under
5347-IC 4-22-2 to implement this chapter.
5348-(b) The office may adopt emergency rules under IC 4-22-2-37.1 to
5349-implement this chapter on an emergency basis.
5350-SECTION 111. IC 12-15-44.5-6, AS AMENDED BY P.L.108-2019,
63+1 SECTION 1. IC 2-5-42.4-8, AS AMENDED BY THE TECHNICAL
64+2 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
65+3 AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
66+4 PASSAGE]: Sec. 8. (a) The legislative services agency shall establish
67+5 and maintain a system for making available to the public information
68+6 about the amount and effectiveness of workforce related programs.
69+7 (b) The legislative services agency shall develop and publish on the
70+8 general assembly's Internet web site website a multiyear schedule that
71+9 lists all workforce related programs and indicates the year when the
72+10 report will be published for each workforce related program reviewed.
73+11 The legislative services agency may revise the schedule as long as the
74+12 legislative services agency provides for a systematic review, analysis,
75+13 and evaluation of all workforce related programs and that each
76+14 workforce related program is reviewed at least once. every five (5)
77+15 years.
78+ES 4—LS 6953/DI 92 2
79+1 SECTION 2. IC 4-12-1-15.5 IS AMENDED TO READ AS
80+2 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15.5. (a) The
81+3 Medicaid contingency and reserve account is established within the
82+4 state general fund for the purpose of providing money for timely
83+5 payment of Medicaid claims, obligations, and liabilities. Money in the
84+6 account must be used to pay Medicaid claims, obligations, and
85+7 liabilities. The account shall be administered by the budget agency.
86+8 (b) Expenses of administering the account shall be paid from money
87+9 in the account. The account consists of the following:
88+10 (1) Appropriations to the account.
89+11 (2) Other Medicaid appropriations transferred to the account with
90+12 the approval of the governor and the budget agency.
91+13 (3) Money transferred to the account from the phase out trust
92+14 fund established by IC 12-15-44.5-7 (before its expiration).
93+15 (c) The treasurer of state shall invest the money in the account not
94+16 currently needed to meet the obligations of the account in the same
95+17 manner as other public money may be invested.
96+18 (d) Money in the account at the end of a state fiscal year does not
97+19 revert.
98+20 SECTION 3. IC 4-12-1-22 IS ADDED TO THE INDIANA CODE
99+21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
100+22 UPON PASSAGE]: Sec. 22. (a) Except as provided in subsection (b),
101+23 "dedicated fund", as used in this section, means a fund established
102+24 separate from the state general fund for:
103+25 (1) the use of a particular state agency;
104+26 (2) the deposit of a particular state revenue source; or
105+27 (3) the purposes of a particular state purpose or a particular
106+28 state program.
107+29 (b) The term does not include any of the following:
108+30 (1) A fund established for the purpose of administering a
109+31 federal program or a fund established for the deposit of
110+32 money received from the federal government.
111+33 (2) The public deposit insurance fund maintained by the
112+34 board for depositories under IC 5-13.
113+35 (3) A trust fund.
114+36 (4) A fund that is subject to a statutorily required minimum
115+37 balance.
116+38 (c) Before October 1 of each even-numbered year, the budget
117+39 agency shall prepare a list of dedicated funds from which no
118+40 expenditures were made in the previous two (2) state fiscal years.
119+41 The list must include the following information for each dedicated
120+42 fund:
121+ES 4—LS 6953/DI 92 3
122+1 (1) The name of the fund.
123+2 (2) The legal fund balance on June 30 of the previous state
124+3 fiscal year.
125+4 (3) Citation of the statute or other authority for establishing
126+5 the fund.
127+6 (d) Before October 1 of each even-numbered year, the budget
128+7 agency shall:
129+8 (1) make any appropriate recommendations concerning the
130+9 listed dedicated funds; and
131+10 (2) submit the list prepared under subsection (c) and any
132+11 recommendations made under subdivision (1) in an electronic
133+12 format under IC 5-14-6 to the legislative council and to the
134+13 budget committee.
135+14 (e) If the list required by this section is not submitted by
136+15 October 1 of an even-numbered year, the budget committee may
137+16 request that the budget agency appear at a public meeting
138+17 concerning the list.
139+18 (f) Notwithstanding any other law, any remaining balance in a
140+19 dedicated fund identified on the list submitted under subsection (d)
141+20 reverts to the state general fund at the end of the state fiscal year
142+21 in which the list is submitted.
143+22 SECTION 4. IC 4-22-2-15, AS AMENDED BY P.L.249-2023,
144+23 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
145+24 JULY 1, 2024]: Sec. 15. Any rulemaking action that this chapter allows
146+25 or requires an agency to perform, other than final adoption of a rule
147+26 under section 29, 37.1, or 37.2 of this chapter or IC 13-14-9, may be
148+27 performed by the individual or group of individuals with the statutory
149+28 authority to adopt rules for the agency, a member of the agency's staff,
150+29 or another agent of the agency. Final adoption of a rule under section
151+30 29, 37.1, or 37.2 of this chapter or IC 13-14-9, including readoption of
152+31 a rule that is subject to sections 24 23 through 36 or to section 37.1 of
153+32 this chapter and recalled for further consideration under section 40 of
154+33 this chapter, may be performed only by the individual or group of
155+34 individuals with the statutory authority to adopt rules for the agency.
156+35 SECTION 5. IC 4-22-2-28, AS AMENDED BY THE TECHNICAL
157+36 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
158+37 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
159+38 Sec. 28. (a) The following definitions apply throughout As used in this
160+39 section,
161+40 (1) "ombudsman" refers to the small business ombudsman
162+41 designated under IC 5-28-17-6.
163+42 (2) "Total estimated economic impact" means the direct annual
164+ES 4—LS 6953/DI 92 4
165+1 economic impact of a rule on all regulated persons after the rule
166+2 is fully implemented under subsection (g).
167+3 (b) The ombudsman:
168+4 (1) shall review a proposed rule that imposes requirements or
169+5 costs on small businesses (as defined in IC 4-22-2.1-4); and
170+6 (2) may review a proposed rule that imposes requirements or
171+7 costs on businesses other than small businesses (as defined in
172+8 IC 4-22-2.1-4).
173+9 After conducting a review under subdivision (1) or (2), the ombudsman
174+10 may suggest alternatives to reduce any regulatory burden that the
175+11 proposed rule imposes on small businesses or other businesses. The
176+12 agency that intends to adopt the proposed rule shall respond in writing
177+13 to the ombudsman concerning the ombudsman's comments or
178+14 suggested alternatives before adopting the proposed rule under section
179+15 29 of this chapter.
180+16 SECTION 6. IC 4-22-2-31, AS AMENDED BY P.L.249-2023,
181+17 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
182+18 JULY 1, 2024]: Sec. 31. After an agency has complied with section 29
183+19 of this chapter, or adopted the rule in conformity with IC 13-14-9, as
184+20 applicable, the agency shall submit its rule to the attorney general for
185+21 approval. The agency shall submit the following to the attorney
186+22 general:
187+23 (1) The rule in the form required by section 20 of this chapter.
188+24 (2) The documents required by section 21 of this chapter.
189+25 (3) Written or an electronic mail authorization to proceed issued
190+26 by the publisher under sections 23 and 24 of this chapter or
191+27 IC 13-14-9-4, IC 13-14-9-5, or IC 13-14-9-14, as applicable.
192+28 (4) Any other documents specified by the attorney general.
193+29 The attorney general may require the agency to submit any supporting
194+30 documentation that the attorney general considers necessary for the
195+31 attorney general's review under section 32 of this chapter. The agency
196+32 may submit any additional supporting documentation the agency
197+33 considers necessary.
198+34 SECTION 7. IC 4-22-2-37.1, AS AMENDED BY P.L.249-2023,
199+35 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
200+36 JULY 1, 2024]: Sec. 37.1. (a) The following do not apply to a rule
201+37 adopted under this section:
202+38 (1) Sections 23 through 27 of this chapter or IC 13-14-9 (as
203+39 applicable).
204+40 (2) Sections 28 through 36 of this chapter.
205+41 The amendments to this section made in the 2023 regular session of the
206+42 general assembly apply to provisional rules that are accepted for filing
207+ES 4—LS 6953/DI 92 5
208+1 by the publisher of the Indiana Register after June 30, 2023, regardless
209+2 of whether the adopting agency initiated official action to adopt the rule
210+3 by the name of emergency rule or provisional rule before July 1, 2023.
211+4 An action taken before July 1, 2023, in conformity with this section (as
212+5 effective after June 30, 2023) is validated to the same extent as if the
213+6 action was taken after June 30, 2023.
214+7 (b) An agency may adopt a rule on a subject for which the agency
215+8 has rulemaking authority using the procedures in this section if the
216+9 governor finds that the agency proposing to adopt the rule has
217+10 demonstrated to the satisfaction of the governor that use of provisional
218+11 rulemaking procedures under this section is necessary to avoid:
219+12 (1) an imminent and a substantial peril to public health, safety, or
220+13 welfare;
221+14 (2) an imminent and a material loss of federal funds for an agency
222+15 program;
223+16 (3) an imminent and a material deficit;
224+17 (4) an imminent and a substantial violation of a state or federal
225+18 law or the terms of a federal agreement or program;
226+19 (5) injury to the business or interests of the people or any public
227+20 utility of Indiana as determined under IC 8-1-2-113;
228+21 (6) an imminent and a substantial peril to:
229+22 (A) wildlife; or
230+23 (B) domestic animal;
231+24 health, safety, or welfare; or
232+25 (7) the spread of invasive species, pests, or diseases affecting
233+26 plants.
234+27 To obtain a determination from the governor, an agency must submit
235+28 to the governor the text of the proposed provisional rule, a statement
236+29 justifying the need for provisional rulemaking procedures, and any
237+30 additional information required by the governor in the form and in the
238+31 manner required by the governor. The governor may not approve
239+32 provisional rulemaking for any part of a proposed provisional rule that
240+33 adds or amends language to increase or expand application of a fee,
241+34 fine, or civil penalty or a schedule of fees, fines, or civil penalties
242+35 before submitting the proposal to the budget committee for review. A
243+36 notice of determination by the governor shall include findings that
244+37 explain the basis for the determination. The notice of determination
245+38 shall be provided to the agency in an electronic format. Approval of a
246+39 request shall be treated as a determination that the rule meets the
247+40 criteria in this subsection.
248+41 (c) After the governor approves provisional rulemaking procedures
249+42 for a rule but before the agency adopts the provisional rule, the agency
250+ES 4—LS 6953/DI 92 6
251+1 shall obtain a document control number from the publisher. The
252+2 publisher shall determine the documents and the format of the
253+3 documents that must be submitted to the publisher to obtain a
254+4 document control number. The agency must submit at least the
255+5 following:
256+6 (1) The full text of the proposed provisional rule in the form
257+7 required by section 20 of this chapter.
258+8 (2) A statement justifying the need for provisional rulemaking.
259+9 (3) The approval of the governor to use provisional rulemaking
260+10 procedures required by law.
261+11 (4) The documents required by section 21 of this chapter.
262+12 An agency may not adopt a proposed provisional rule until after the
263+13 publisher notifies the agency that the publisher has complied with
264+14 subsection (d). At least ten (10) regular business days must elapse after
265+15 the publisher has complied with subsection (d) before the department
266+16 of natural resources, the natural resources commission, the department
267+17 of environmental management, or a board that has rulemaking authority
268+18 under IC 13 adopts a provisional rule.
269+19 (d) Upon receipt of documents described in subsection (c), the
270+20 publisher shall distribute the full text of the proposed provisional rule
271+21 to legislators and legislative committees in the manner and the form
272+22 specified by the legislative council or the personnel subcommittee of
273+23 the legislative council acting for the legislative council. After
274+24 distribution has occurred, the publisher shall notify the agency of the
275+25 date that distribution under this subsection has occurred.
276+26 (e) After the document control number has been assigned and the
277+27 agency adopts the provisional rule, the agency shall submit the
278+28 following to the publisher for filing:
279+29 (1) The text of the adopted provisional rule. The agency shall
280+30 submit the provisional rule in the form required by section 20 of
281+31 this chapter.
282+32 (2) A signature page that indicates that the agency has adopted the
283+33 provisional rule in conformity with all procedures required by
284+34 law.
285+35 (3) If the provisional rule adds or amends language to increase or
286+36 expand application of a fee, fine, or civil penalty or a schedule of
287+37 fees, fines, or civil penalties, the agenda of the budget committee
288+38 meeting at which the rule was scheduled for review.
289+39 (4) The documents required by section 21 of this chapter.
290+40 The publisher shall determine the format of the provisional rule and
291+41 other documents to be submitted under this subsection. The substantive
292+42 text of the adopted provisional rule must be substantially similar to the
293+ES 4—LS 6953/DI 92 7
294+1 text of the proposed provisional rule submitted to the governor. A
295+2 provisional rule may suspend but not repeal a rule approved by the
296+3 governor under section 34 of this chapter.
297+4 (f) Subject to subsections (c) and (e) and section 39 of this chapter,
298+5 the publisher shall:
299+6 (1) accept the provisional rule for filing;
300+7 (2) electronically record the date and time that the provisional
301+8 rule is accepted; and
302+9 (3) publish the text of the adopted provisional rule and the
303+10 governor's approval in the Indiana Register.
304+11 (g) A provisional rule adopted by an agency under this section takes
305+12 effect on the latest of the following dates:
306+13 (1) The effective date of the statute delegating authority to the
307+14 agency to adopt the provisional rule.
308+15 (2) The date and time that the provisional rule is accepted for
309+16 filing under subsection (f).
310+17 (3) The effective date stated by the adopting agency in the
311+18 provisional rule.
312+19 (4) The date of compliance with every requirement established by
313+20 law as a prerequisite to the adoption or effectiveness of the
314+21 provisional rule.
315+22 (5) The statutory effective date for a provisional rule set forth in
316+23 law.
317+24 (h) An agency may amend a provisional rule with another
318+25 provisional rule by following the procedures in this section for the
319+26 amended provisional rule. However, unless otherwise provided by
320+27 IC 4-22-2.3, a provisional rule and all amendments of a provisional rule
321+28 by another provisional rule expire not later than one hundred eighty
322+29 (180) days after the initial provisional rule is accepted for filing under
323+30 subsection (f). Unless otherwise provided by IC 4-22-2.3-2, the
324+31 subject of the provisional rule, including all amendments to the
325+32 provisional rule, may not be subsequently extended under this section
326+33 or section 37.2 of this chapter. If the governor determines that the
327+34 circumstance that is the basis for using the procedures under this
328+35 section ceases to exist, the governor may terminate the provisional rule
329+36 before the lapse of one hundred eighty (180) days. The termination is
330+37 effective when filed with the publisher. The publisher shall publish the
331+38 termination notice in the Indiana Register.
332+39 (i) Subject to subsection (j), the attorney general or the governor
333+40 may file an objection to a provisional rule that is adopted under this
334+41 section not later than forty-five (45) days after the date that a
335+42 provisional rule or amendment to a provisional rule is accepted for
336+ES 4—LS 6953/DI 92 8
337+1 filing under subsection (f). The objection must cite the document
338+2 control number for the affected provisional rule and state the basis for
339+3 the objection. When filed with the publisher, the objection has the
340+4 effect of invalidating the provisional rule or amendment to a
341+5 provisional rule. The publisher shall publish the objection in the
342+6 Indiana Register.
343+7 (j) The attorney general may file a written objection to a provisional
344+8 rule under subsection (i) only if the attorney general determines that the
345+9 provisional rule has been adopted:
346+10 (1) without statutory authority; or
347+11 (2) without complying with this section.
348+12 A notice of objection to a provisional rule by the attorney general must
349+13 include findings that explain the basis for the determination. The notice
350+14 of objection shall be provided to the agency in an electronic format.
351+15 SECTION 8. IC 4-22-2-38, AS AMENDED BY P.L.249-2023,
352+16 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
353+17 JULY 1, 2024]: Sec. 38. (a) This section applies to a rulemaking action
354+18 resulting in any of the following rules:
355+19 (1) A rule that brings another rule into conformity with section 20
356+20 of this chapter.
357+21 (2) A rule that amends another rule to replace an inaccurate
358+22 reference to a statute, rule, regulation, other text, governmental
359+23 entity, or location with an accurate reference, when the inaccuracy
360+24 is the result of the rearrangement of a federal or state statute, rule,
361+25 or regulation under a different citation number, a federal or state
362+26 transfer of functions from one (1) governmental entity to another,
363+27 a change in the name of a federal or state governmental entity, or
364+28 a change in the address of an entity.
365+29 (3) A rule correcting any other typographical, clerical, or spelling
366+30 error in another rule.
367+31 (b) Sections 24 23 through 37.2 of this chapter do not apply to rules
368+32 described in subsection (a).
369+33 (c) Notwithstanding any other statute, an agency may adopt a rule
370+34 described by subsection (a) without complying with any statutory
371+35 notice, hearing, adoption, or approval requirement. In addition, the
372+36 governor may adopt a rule described in subsection (a) for an agency
373+37 without the agency's consent or action.
374+38 (d) A rule described in subsection (a) shall be submitted to the
375+39 publisher for the assignment of a document control number. The
376+40 agency (or the governor, for the agency) shall submit the rule in the
377+41 form required by section 20 of this chapter and with the documents
378+42 required by section 21 of this chapter. The publisher shall determine
379+ES 4—LS 6953/DI 92 9
380+1 the number of copies of the rule and other documents to be submitted
381+2 under this subsection.
382+3 (e) After a document control number is assigned, the agency (or the
383+4 governor, for the agency) shall submit the rule to the publisher for
384+5 filing. The agency (or the governor, for the agency) shall submit the
385+6 rule in the form required by section 20 of this chapter and with the
386+7 documents required by section 21 of this chapter. The publisher shall
387+8 determine the format of the rule and other documents to be submitted
388+9 under this subsection.
389+10 (f) Subject to section 39 of this chapter, the publisher shall:
390+11 (1) accept the rule for filing; and
391+12 (2) electronically record the date and time that it is accepted.
392+13 (g) Subject to subsection (h), a rule described in subsection (a) takes
393+14 effect on the latest of the following dates:
394+15 (1) The date that the rule being corrected by a rule adopted under
395+16 this section becomes effective.
396+17 (2) The date that is forty-five (45) days from the date and time
397+18 that the rule adopted under this section is accepted for filing
398+19 under subsection (f).
399+20 (h) The governor or the attorney general may file an objection to a
400+21 rule that is adopted under this section before the date that is forty-five
401+22 (45) days from the date and time that the rule is accepted for filing
402+23 under subsection (f). When filed with the publisher, the objection has
403+24 the effect of invalidating the rule.
404+25 SECTION 9. IC 4-22-2.1-5, AS AMENDED BY P.L.249-2023,
405+26 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
406+27 JULY 1, 2024]: Sec. 5. (a) If an agency intends to adopt a rule under
407+28 IC 4-22-2 that will impose requirements or costs on small businesses,
408+29 the agency shall prepare a statement that describes the annual
409+30 economic impact of a rule on all small businesses after the rule is fully
410+31 implemented. The statement required by this section must include the
411+32 following:
412+33 (1) An estimate of the number of small businesses, classified by
413+34 industry sector, that will be subject to the proposed rule.
414+35 (2) An estimate of the average annual reporting, record keeping,
415+36 and other administrative costs that small businesses will incur to
416+37 comply with the proposed rule.
417+38 (3) An estimate of the total annual economic impact that
418+39 compliance with the proposed rule will have on all small
419+40 businesses subject to the rule.
420+41 (4) A statement justifying any requirement or cost that is:
421+42 (A) imposed on small businesses by the rule; and
422+ES 4—LS 6953/DI 92 10
423+1 (B) not expressly required by:
424+2 (i) the statute authorizing the agency to adopt the rule; or
425+3 (ii) any other state or federal law.
426+4 The statement required by this subdivision must include a
427+5 reference to any data, studies, or analyses relied upon by the
428+6 agency in determining that the imposition of the requirement or
429+7 cost is necessary.
430+8 (5) A regulatory flexibility analysis that considers any less
431+9 intrusive or less costly alternative methods of achieving the
432+10 purpose of the proposed rule. The analysis under this subdivision
433+11 must consider the following methods of minimizing the economic
434+12 impact of the proposed rule on small businesses:
435+13 (A) The establishment of less stringent compliance or
436+14 reporting requirements for small businesses.
437+15 (B) The establishment of less stringent schedules or deadlines
438+16 for compliance or reporting requirements for small businesses.
439+17 (C) The consolidation or simplification of compliance or
440+18 reporting requirements for small businesses.
441+19 (D) The establishment of performance standards for small
442+20 businesses instead of design or operational standards imposed
443+21 on other regulated entities by the rule.
444+22 (E) The exemption of small businesses from part or all of the
445+23 requirements or costs imposed by the rule.
446+24 If the agency has made a preliminary determination not to
447+25 implement one (1) or more of the alternative methods considered,
448+26 the agency shall include a statement explaining the agency's
449+27 reasons for the determination, including a reference to any data,
450+28 studies, or analyses relied upon by the agency in making the
451+29 determination.
452+30 (b) The agency shall submit a copy of the notice of the first
453+31 public comment period and regulatory analysis published under
454+32 IC 4-22-2-23 to the small business ombudsman not later than the
455+33 publication of the notice of the first public comment period.
456+34 SECTION 10. IC 4-22-2.1-6, AS AMENDED BY P.L.249-2023,
457+35 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
458+36 JULY 1, 2024]: Sec. 6. (a) Not later than seven (7) days before the date
459+37 of the public hearing set forth in the agency's notice under
460+38 IC 4-22-2-24, IC 4-22-2-23, the small business ombudsman shall do
461+39 the following:
462+40 (1) Review the proposed rule contained within the notice of the
463+41 first public comment period and economic impact statement
464+42 contained within the regulatory analysis submitted to the small
465+ES 4—LS 6953/DI 92 11
466+1 business ombudsman by the agency under section 5 of this
467+2 chapter.
468+3 (2) Submit written comments to the agency on the proposed rule
469+4 and the economic impact statement prepared by the agency under
470+5 section 5 of this chapter. The small business ombudsman's
471+6 comments may:
472+7 (A) recommend that the agency implement one (1) or more of
473+8 the regulatory alternatives considered by the agency under
474+9 section 5 of this chapter;
475+10 (B) suggest regulatory alternatives not considered by the
476+11 agency under section 5 of this chapter;
477+12 (C) recommend any other changes to the proposed rule that
478+13 would minimize the economic impact of the proposed rule on
479+14 small businesses; or
480+15 (D) recommend that the agency abandon or delay the
481+16 rulemaking action until:
482+17 (i) more data on the impact of the proposed rule on small
483+18 businesses can be gathered and evaluated; or
484+19 (ii) less intrusive or less costly alternative methods of
485+20 achieving the purpose of the proposed rule can be effectively
486+21 implemented with respect to small businesses.
487+22 (b) Upon receipt of the small business ombudsman's written
488+23 comments under subsection (a), the agency shall make the comments
489+24 available:
490+25 (1) for public inspection and copying at the offices of the agency
491+26 under IC 5-14-3;
492+27 (2) electronically through the electronic gateway administered
493+28 under IC 4-13.1-2-2(a)(6) by the office of technology; and
494+29 (3) for distribution at the public hearing required by IC 4-22-2-26.
495+30 (c) Before finally adopting a rule under IC 4-22-2-29, and in the
496+31 same manner that the agency considers public comments under
497+32 IC 4-22-2-27, the agency must fully consider the comments submitted
498+33 by the small business ombudsman under subsection (a). After
499+34 considering the comments under this subsection, the agency may:
500+35 (1) adopt any version of the rule permitted under IC 4-22-2-29; or
501+36 (2) abandon or delay the rulemaking action as recommended by
502+37 the small business ombudsman under subsection (a)(2)(D), if
503+38 applicable.
504+39 SECTION 11. IC 4-22-2.3-6, AS ADDED BY P.L.249-2023,
505+40 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
506+41 JULY 1, 2024]: Sec. 6. The following apply to the department of
507+42 financial institutions:
508+ES 4—LS 6953/DI 92 12
509+1 (1) The department of financial institutions shall adopt rules
510+2 under the interim rule procedures in IC 4-22-2-37.2 announcing:
511+3 (A) sixty (60) days before January 1 of each odd-numbered
512+4 year in which dollar amounts under IC 24-4.5 (Uniform
513+5 Consumer Credit Code) are to change, the changes in dollar
514+6 amounts required by IC 24-4.5-1-106(2);
515+7 (B) promptly after the changes occur, changes in the Index
516+8 required by IC 24-4.5-1-106(3), including, when applicable,
517+9 the numerical equivalent of the Reference Base Index under a
518+10 revised Reference Base Index and the designation or title of
519+11 any index superseding the Index;
520+12 (C) the adjustments required under IC 24-9-2-8 concerning
521+13 high cost home loans; and
522+14 (D) the adjustments required under IC 34-55-10-2 (bankruptcy
523+15 exemptions; limitations) or IC 34-55-10-2.5.
524+16 A rule described in this subdivision expires not later than January
525+17 of the next odd-numbered year after the department of financial
526+18 institutions is required to issue the rule.
527+19 (2) The department of financial institutions may adopt a rule
528+20 under the interim rule procedures in IC 4-22-2-37.2 for a rule
529+21 permitted under IC 24-4.4-1-101 (licensing system for creditors
530+22 and mortgage loan originators) or IC 24-4.5 (Uniform Consumer
531+23 Credit Code) if the department of financial institutions declares
532+24 an emergency. A rule described in this subdivision expires not
533+25 later than two (2) years after the rule is effective.
534+26 (3) The department of financial institutions may adopt a rule
535+27 described in IC 34-55-10-2 (bankruptcy exemptions; limitations)
536+28 or IC 34-55-10-2.5 in conformity with the procedures in
537+29 IC 4-22-2-23 through IC 4-22-2-36 or the interim rule procedures
538+30 in IC 4-22-2-37.2. A rule described in this subdivision adopted
539+31 under IC 4-22-2-37.2 expires not later than two (2) years after the
540+32 rule is accepted for filing by the publisher of the Indiana Register.
541+33 A rule described in this section may be continued in another interim
542+34 rule only if the governor determines under section IC 4-22-2-37.2(c)
543+35 that the policy options available to the agency are so limited that use of
544+36 the additional notice, comment, and review procedures in IC 4-22-2-23
545+37 through IC 4-22-2-36 would provide no benefit to persons regulated or
546+38 otherwise affected by the rule.
547+39 SECTION 12. IC 4-22-2.3-10 IS ADDED TO THE INDIANA
548+40 CODE AS A NEW SECTION TO READ AS FOLLOWS
549+41 [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) An agency may adopt
550+42 interim rules under IC 4-22-2-37.2 to implement a reduction, a full
551+ES 4—LS 6953/DI 92 13
552+1 or partial waiver, or an elimination of a fee, fine, or civil penalty
553+2 included in a rule adopted under IC 4-22-2.
554+3 (b) An interim rule authorized under this section expires not
555+4 later than January 1 of the fifth year after the year in which the
556+5 rule is accepted for filing by the publisher of the Indiana Register.
557+6 (c) A rule described in this section may be continued:
558+7 (1) if the agency readopts the rule:
559+8 (A) without changes in conformity with the procedures in
560+9 IC 4-22-2.6-3 through IC 4-22-2.6-9; or
561+10 (B) with or without changes in conformity with the
562+11 procedures in IC 4-22-2-23 through IC 4-22-2-36; or
563+12 (2) in another interim rule only if the governor determines
564+13 under IC 4-22-2-37.2(c) that the policy options available to the
565+14 agency are so limited that the use of the additional notice,
566+15 comment, and review procedures in IC 4-22-2-23 through
567+16 IC 4-22-2-36 would provide no benefit to persons regulated or
568+17 otherwise affected by the rule.
569+18 SECTION 13. IC 4-22-2.6-1, AS ADDED BY P.L.249-2023,
570+19 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
571+20 JULY 1, 2024]: Sec. 1. (a) Except as provided in this section and
572+21 section 10 of this chapter, a rule adopted under IC 4-22-2-23 through
573+22 IC 4-22-2-36 expires January 1 of the fifth year after the year in which
574+23 the rule takes effect, unless the rule expires or is repealed on an earlier
575+24 date. Except for an amendment made under IC 4-22-2-38, the
576+25 expiration date of a rule under this section is extended each time that
577+26 a rule:
578+27 (1) amending under IC 4-22-2-23 through IC 4-22-2-36;
579+28 (2) continuing under IC 4-22-2.3-10; or
580+29 (3) readopting;
581+30 an unexpired rule takes effect. The rule, as amended or readopted,
582+31 expires on January 1 of the fifth year after the year in which the
583+32 amendment or readoption takes effect.
584+33 (b) If the latest version of a rule became effective:
585+34 (1) in calendar year 2017, the rule expires not later than January
586+35 1, 2024;
587+36 (2) in calendar year 2018, the rule expires not later than January
588+37 1, 2025;
589+38 (3) in calendar year 2019, the rule expires not later than January
590+39 1, 2026; or
591+40 (4) in calendar year 2020, the rule expires not later than January
592+41 1, 2027.
593+42 (c) If the latest version of a rule became effective before January 1,
594+ES 4—LS 6953/DI 92 14
595+1 2017, and:
596+2 (1) the rule was adopted by an agency established under IC 13,
597+3 the rule expires not later than January 1, 2025;
598+4 (2) the rule was adopted by an agency established under IC 16,
599+5 the rule expires not later than January 1, 2026; or
600+6 (3) the rule was adopted by an agency not described in
601+7 subdivision (1) or (2), the rule expires not later than January 1,
602+8 2027.
603+9 (d) A readoption rulemaking action under IC 4-22-2.5 (before its
604+10 repeal) or IC 13-14-9.5 (before its repeal) that became effective before
605+11 July 1, 2023, is validated to the same extent as if the rulemaking action
606+12 had been conducted under the procedures in this chapter.
607+13 (e) The determination of whether an administrative rule expires
608+14 under this chapter shall be applied at the level of an Indiana
609+15 Administrative Code section.
610+16 SECTION 14. IC 4-22-2.6-3, AS ADDED BY P.L.249-2023,
611+17 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
612+18 JULY 1, 2024]: Sec. 3. (a) Except as provided in subsection (b), if an
613+19 agency intends to readopt a rule, the agency shall, not later than
614+20 January 1 of the fourth year after preceding the year in which the rule
615+21 takes effect, expires under this chapter, provide an initial notice of
616+22 the intended readoption in an electronic format designated by the
617+23 publisher to legislators and legislative committees in the manner and
618+24 on the schedule specified by the legislative council or the personnel
619+25 subcommittee of the legislative council acting for the legislative
620+26 council.
621+27 (b) An agency is not required to provide the initial notice under
622+28 subsection (a) for a rule described in section 1(b)(1) of this chapter.
623+29 (c) After receiving the material as required by this section, the
624+30 publisher shall assign a document control number.
625+31 SECTION 15. IC 4-22-2.6-5, AS ADDED BY P.L.249-2023,
626+32 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
627+33 JULY 1, 2024]: Sec. 5. (a) If an agency elects to readopt a rule under
628+34 this chapter, the agency shall submit a notice of proposed readoption
629+35 to the publisher not later than the first regular business day in
630+36 September of the year preceding the year in which the rule expires
631+37 under this chapter for publication in the Indiana Register. A separate
632+38 notice must be published for each board or other person or entity with
633+39 rulemaking authority.
634+40 (b) The notice must include the following:
635+41 (1) A general description of the subject matter of all rules
636+42 proposed to be readopted.
637+ES 4—LS 6953/DI 92 15
638+1 (2) A listing of rules that are proposed to be readopted, listed by
639+2 their titles and subtitles only.
640+3 (3) A written public comment period of thirty (30) days and
641+4 instructions on how to submit written comments to the agency.
642+5 (4) A request for comments on whether specific rules should be
643+6 reviewed through the regular rulemaking process under
644+7 IC 4-22-2-23 through IC 4-22-2-36 (as modified by IC 13-14-9,
645+8 when applicable).
646+9 (5) A summary of the agency's findings under section 4 of this
647+10 chapter.
648+11 (6) Any other information required by the publisher.
649+12 (c) The agency shall submit the material in the form required by
650+13 IC 4-22-2-20. The agency need not resubmit the documents required by
651+14 IC 4-22-2-21 if the publisher received a copy of the documents when
652+15 the rule was previously adopted or amended. The publisher shall
653+16 review the material submitted under this section and determine the date
654+17 that the publisher intends to include the material in the Indiana
655+18 Register. After:
656+19 (1) establishing the intended publication date; and
657+20 (2) receiving the material as required by this section;
658+21 the publisher shall assign a document control number, provide an
659+22 electronic mail authorization to proceed to the agency and publish the
660+23 material on the intended publication date.
661+24 SECTION 16. IC 12-15-44.5-6, AS AMENDED BY P.L.108-2019,
662+25 SECTION 198, IS AMENDED TO READ AS FOLLOWS
663+26 [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) For a state fiscal year
664+27 beginning July 1, 2018, or thereafter, and before July 1, 2024, the
665+28 office, after review by the state budget committee, may determine that
666+29 no incremental fees collected under IC 16-21-10-13.3 are required to
667+30 be deposited into the phase out trust fund established under section 7
668+31 of this chapter. This subsection expires July 1, 2024.
669+32 (b) If the plan is to be terminated for any reason, the office shall:
670+33 (1) if required, provide notice of termination of the plan to the
671+34 United States Department of Health and Human Services and
672+35 begin the process of phasing out the plan; or
673+36 (2) if notice and a phase out plan is not required under federal
674+37 law, notify the hospital assessment fee committee (IC 16-21-10)
675+38 of the office's intent to terminate the plan and the plan shall be
676+39 phased out under a procedure approved by the hospital
677+40 assessment fee committee.
678+41 The office may not submit any phase out plan to the United States
679+42 Department of Health and Human Services or accept any phase out
680+ES 4—LS 6953/DI 92 16
681+1 plan proposed by the Department of Health and Human Services
682+2 without the prior approval of the hospital assessment fee committee.
683+3 (c) Before submitting:
684+4 (1) an extension of; or
685+5 (2) a material amendment to;
686+6 the plan to the United States Department of Health and Human
687+7 Services, the office shall inform the Indiana Hospital Association of the
688+8 extension or material amendment to the plan.
689+9 SECTION 17. IC 12-15-44.5-7, AS ADDED BY P.L.213-2015,
690+10 SECTION 136, IS AMENDED TO READ AS FOLLOWS
691+11 [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The phase out trust fund
692+12 is established for the purpose of holding the money needed during a
693+13 phase out period of the plan. Funds deposited under this section shall
694+14 be used only:
695+15 (1) to fund the state share of the expenses described in
696+16 IC 16-21-10-13.3(b)(1)(A) through IC 16-21-10-13.3(b)(1)(F)
697+17 incurred during a phase out period of the plan;
698+18 (2) after funds from the healthy Indiana trust fund
699+19 (IC 12-15-44.2-17) are exhausted; and
700+20 (3) to refund hospitals in the manner described in subsection (h).
701+21 The fund is separate from the state general fund.
702+22 (b) The fund shall be administered by the office.
703+23 (c) The expenses of administering the fund shall be paid from
704+24 money in the fund.
705+25 (d) The trust fund must consist of:
706+26 (1) the funds described in section 6 of this chapter; and
707+27 (2) any interest accrued under this section.
708+28 (e) The treasurer of state shall invest the money in the fund not
709+29 currently needed to meet the obligations of the fund in the same
710+30 manner as other public money may be invested. Interest that accrues
711+31 from these investments shall be deposited in the fund.
712+32 (f) Money in the fund does not revert to the state general fund at the
713+33 end of any fiscal year. However, the budget agency shall transfer all
714+34 money in the trust fund to the Medicaid contingency and reserve
715+35 account established by IC 4-12-1-15.5 on or before June 30, 2024.
716+36 (g) The fund is considered a trust fund for purposes of IC 4-9.1-1-7.
717+37 Money may not be transferred, assigned, or otherwise removed from
718+38 the fund by the state board of finance, the budget agency, or any other
719+39 state agency unless specifically authorized under this chapter.
720+40 (h) At the end of the phase out period, any remaining funds and
721+41 accrued interest shall be distributed to the hospitals on a pro rata basis
722+42 based on the fees authorized by IC 16-21-10 that were paid by each
723+ES 4—LS 6953/DI 92 17
724+1 hospital for the state fiscal year that ended immediately before the
725+2 beginning of the phase out period.
726+3 (i) This section expires July 1, 2024.
727+4 SECTION 18. IC 13-14-9-4, AS AMENDED BY P.L.249-2023,
728+5 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
729+6 JULY 1, 2024]: Sec. 4. (a) In addition to the requirements of
730+7 IC 4-22-2-23 and (if applicable) IC 4-22-2-24, the notice of public
731+8 comment period submitted by the department to the publisher must do
732+9 the following:
733+10 (1) Contain a summary of the response of the department to
734+11 written comments submitted under section 3 of this chapter, if
735+12 applicable.
736+13 (2) Request the submission of comments, including suggestions
737+14 of specific amendments to the language contained in the proposed
738+15 rule.
739+16 (3) Identify each element of the proposed rule that imposes a
740+17 restriction or requirement on persons to whom the proposed rule
741+18 applies that:
742+19 (A) is more stringent than a restriction or requirement imposed
743+20 under federal law; or
744+21 (B) applies in a subject area in which federal law does not
745+22 impose a restriction or requirement.
746+23 (4) With respect to each element identified under subdivision (3),
747+24 identify:
748+25 (A) the environmental circumstance or hazard that dictates the
749+26 imposition of the proposed restriction or requirement to
750+27 protect human health and the environment;
751+28 (B) examples in which federal law is inadequate to provide the
752+29 protection referred to in clause (A); and
753+30 (C) the:
754+31 (i) estimated fiscal impact; and
755+32 (ii) expected benefits;
756+33 based on the extent to which the proposed rule is more
757+34 stringent than the restrictions or requirements of federal law,
758+35 or on the creation of restrictions or requirements in a subject
759+36 area in which federal law does not impose restrictions or
760+37 requirements.
761+38 (5) For any element of the proposed rule that imposes a restriction
762+39 or requirement that is more stringent than a restriction or
763+40 requirement imposed under federal law or that applies in a subject
764+41 area in which federal law does not impose restrictions or
765+42 requirements, describe the availability for public inspection of all
766+ES 4—LS 6953/DI 92 18
767+1 materials relied upon by the department in the development of the
768+2 proposed rule, including, if applicable:
769+3 (A) health criteria;
770+4 (B) analytical methods;
771+5 (C) treatment technology;
772+6 (D) economic impact data;
773+7 (E) environmental assessment data;
774+8 (F) analyses of methods to effectively implement the proposed
775+9 rule; and
776+10 (G) other background data.
777+11 (b) If the notice provided by the department concerning a proposed
778+12 rule identifies an element of the proposed rule that imposes a restriction
779+13 or requirement more stringent than a restriction or requirement
780+14 imposed under federal law, the proposed rule shall not become
781+15 effective under this chapter until the adjournment sine die of the
782+16 regular session of the general assembly that begins after the department
783+17 provides the notice.
784+18 (c) Subsection (b) does not prohibit or restrict the commissioner, the
785+19 department, or the board from:
786+20 (1) adopting provisional rules under IC 4-22-2-37.1;
787+21 (2) taking emergency action under IC 13-14-10; or
788+22 (3) temporarily:
789+23 (A) altering ordinary operating policies or procedures; or
790+24 (B) implementing new policies or procedures;
791+25 in response to an emergency situation.
792+26 SECTION 19. IC 16-21-10-13.3, AS AMENDED BY P.L.201-2023,
793+27 SECTION 147, IS AMENDED TO READ AS FOLLOWS
794+28 [EFFECTIVE JULY 1, 2024]: Sec. 13.3. (a) This section is effective
795+29 beginning February 1, 2015. As used in this section, "plan" refers to the
796+30 healthy Indiana plan established in IC 12-15-44.5.
797+31 (b) Subject to subsections (c) through (e), the incremental fee under
798+32 this section may be used to fund the state share of the expenses
799+33 specified in this subsection if, after January 31, 2015, but before the
800+34 collection of the fee under this section, the following occur:
801+35 (1) The committee establishes a fee formula to be used to fund the
802+36 state share of the following expenses described in this
803+37 subdivision:
804+38 (A) The state share of the capitated payments made to a
805+39 managed care organization that contracts with the office to
806+40 provide health coverage under the plan to plan enrollees other
807+41 than plan enrollees who are eligible for the plan under Section
808+42 1931 of the federal Social Security Act.
809+ES 4—LS 6953/DI 92 19
810+1 (B) The state share of capitated payments described in clause
811+2 (A) for plan enrollees who are eligible for the plan under
812+3 Section 1931 of the federal Social Security Act that are limited
813+4 to the difference between:
814+5 (i) the capitation rates effective September 1, 2014,
815+6 developed using Medicaid reimbursement rates; and
816+7 (ii) the capitation rates applicable for the plan developed
817+8 using the plan's Medicare reimbursement rates described in
818+9 IC 12-15-44.5-5(a)(2).
819+10 (C) The state share of the state's contributions to plan enrollee
820+11 accounts.
821+12 (D) The state share of amounts used to pay premiums for a
822+13 premium assistance plan implemented under
823+14 IC 12-15-44.2-20.
824+15 (E) The state share of the costs of increasing reimbursement
825+16 rates for physician services provided to individuals enrolled in
826+17 Medicaid programs other than the plan, but not to exceed the
827+18 difference between the Medicaid fee schedule for a physician
828+19 service that was in effect before the implementation of the plan
829+20 and the amount equal to seventy-five percent (75%) of the
830+21 previous year federal Medicare reimbursement rate for a
831+22 physician service. The incremental fee may not be used for the
832+23 amount that exceeds seventy-five percent (75%) of the federal
833+24 Medicare reimbursement rate for a physician service.
834+25 (F) The state share of the state's administrative costs that, for
835+26 purposes of this clause, may not exceed one hundred seventy
836+27 dollars ($170) per person per plan enrollee per year, and
837+28 adjusted annually by the Consumer Price Index.
838+29 (G) The money described in IC 12-15-44.5-6(a) for the phase
839+30 out period of the plan.
840+31 (2) The committee approves a process to be used for reconciling:
841+32 (A) the state share of the costs of the plan;
842+33 (B) the amounts used to fund the state share of the costs of the
843+34 plan; and
844+35 (C) the amount of fees assessed for funding the state share of
845+36 the costs of the plan.
846+37 For purposes of this subdivision, "costs of the plan" includes the
847+38 costs of the expenses listed in subdivision (1)(A) through (1)(G).
848+39 (1)(F).
849+40 The fees collected under subdivision (1)(A) through (1)(F) shall be
850+41 deposited into the incremental hospital fee fund established by section
851+42 13.5 of this chapter. Fees described in subdivision (1)(G) shall be
852+ES 4—LS 6953/DI 92 20
853+1 deposited into the phase out trust fund described in IC 12-15-44.5-7.
854+2 The fees used for purposes of funding the state share of expenses listed
855+3 in subdivision (1)(A) through (1)(F) may not be used to fund expenses
856+4 incurred on or after the commencement of a phase out period of the
857+5 plan.
858+6 (c) For each state fiscal year for which the fee authorized by this
859+7 section is used to fund the state share of the expenses described in
860+8 subsection (b)(1), the amount of fees shall be reduced by:
861+9 (1) the amount of funds annually designated by the general
862+10 assembly to be deposited in the healthy Indiana plan trust fund
863+11 established by IC 12-15-44.2-17; less
864+12 (2) the annual cigarette tax funds annually appropriated by the
865+13 general assembly for childhood immunization programs under
866+14 IC 12-15-44.2-17(a)(3).
867+15 (d) The incremental fee described in this section may not:
868+16 (1) be assessed before July 1, 2016; and
869+17 (2) be assessed or collected on or after the beginning of a phase
870+18 out period of the plan.
871+19 (e) This section is not intended to and may not be construed to
872+20 change or affect any component of the programs established under
873+21 section 8 of this chapter.
874+22 SECTION 20. IC 25-1-5.3-1, AS ADDED BY P.L.249-2023,
875+23 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
876+24 JULY 1, 2024]: Sec. 1. The following definitions apply throughout this
877+25 chapter:
878+26 (1) "Agency" has the meaning set forth in IC 25-1-5-2.
879+27 (2) "Applicant" has the meaning set forth in IC 25-1-5-11.
880+28 (3) "Board" has the meaning set forth in IC 25-1-5-2.
881+29 (4) "Compliant", with respect to a licensure rule, means a
882+30 licensure rule that the agency or a board has adopted.
883+31 (5) "Enactment date" means the date on which a statute that
884+32 requires rulemaking for a licensure rule to become becomes
885+33 effective or otherwise requires rulemaking to commence.
886+34 (6) "Executive director" refers to the individual described in
887+35 IC 25-1-5-5.
888+36 (7) "Licensee" has the meaning set forth in IC 25-1-5-11.
889+37 (8) "Licensure rule" means a rule that:
890+38 (A) relates to the issuance of a license, certificate, registration,
891+39 or permit, or a requirement or prerequisite for obtaining a
892+40 license, or keeping a license in good standing; and
893+41 (B) is required by statute with an enactment date after January
894+42 1, 2023, to be adopted by the agency or a board.
895+ES 4—LS 6953/DI 92 21
896+1 (9) "Material detriment" means:
897+2 (A) an inability to obtain a license, certification, permit, or
898+3 other credential from the agency or a board;
899+4 (B) an inability to:
900+5 (i) practice;
901+6 (ii) perform a procedure; or
902+7 (iii) engage in a particular professional activity in Indiana or
903+8 another jurisdiction; or
904+9 (C) any other substantial burden to professional or business
905+10 interests.
906+11 (10) "Noncompliant", with respect to a licensure rule, means a
907+12 licensure rule that the agency or a board has not adopted as a
908+13 permanent rule under the procedures in IC 4-22-2-23 through
909+14 IC 4-22-2-36 or an interim rule under IC 4-22-2-37.2 within on
910+15 or before the later of the following:
911+16 (A) Six (6) months of from the enactment date.
912+17 (B) The date provided in a statute that requires
913+18 rulemaking for a licensure rule to become effective.
914+19 SECTION 21. IC 25-1-5.3-2, AS ADDED BY P.L.249-2023,
915+20 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
916+21 JULY 1, 2024]: Sec. 2. (a) If a licensee or applicant believes that the
917+22 agency or a board has failed to adopt a licensure rule within six (6)
918+23 months of the enactment date or by the date provided in a statute
919+24 that requires rulemaking for a licensure rule to become effective,
920+25 whichever is later, an applicant or licensee who has suffered a
921+26 material detriment as a result of a noncompliant licensure rule may
922+27 seek damages from the agency or board by bringing an action in a court
923+28 of competent jurisdiction.
924+29 (b) A court shall not certify a class in any matter seeking damages
925+30 under this section.
926+31 (c) In a matter seeking damages under this section, a court may
927+32 order the following:
928+33 (1) An injunction requiring adoption of a compliant interim
929+34 licensure rule not earlier than six (6) months from the date of the
930+35 order.
931+36 (2) Damages equal to the amount of the material detriment caused
932+37 by the noncompliant licensure rule, including prospective
933+38 damages through the date established under subdivision (1).
934+39 (3) Court costs and attorney's fees.
935+40 (d) IC 34-13-3 applies to an action brought under this section.
936+41 SECTION 22. An emergency is declared for this act.
937+ES 4—LS 6953/DI 92 22
938+COMMITTEE REPORT
939+Madam President: The Senate Committee on Appropriations, to
940+which was referred Senate Bill No. 4, has had the same under
941+consideration and begs leave to report the same back to the Senate with
942+the recommendation that said bill be AMENDED as follows:
943+Page 2, line 33, delete "IC 12-15-44.5-7." and insert "IC
944+12-15-44.5-7 (before its expiration).".
945+Page 15, after line 42, begin a new paragraph and insert:
946+"SECTION 15. IC 12-15-44.5-6, AS AMENDED BY P.L.108-2019,
5351947 SECTION 198, IS AMENDED TO READ AS FOLLOWS
5352948 [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) For a state fiscal year
5353949 beginning July 1, 2018, or thereafter, and before July 1, 2024, the
5354950 office, after review by the state budget committee, may determine that
5355951 no incremental fees collected under IC 16-21-10-13.3 are required to
5356952 be deposited into the phase out trust fund established under section 7
5357953 of this chapter. This subsection expires July 1, 2024.
5358954 (b) If the plan is to be terminated for any reason, the office shall:
5359955 (1) if required, provide notice of termination of the plan to the
5360956 United States Department of Health and Human Services and
5361957 begin the process of phasing out the plan; or
5362958 (2) if notice and a phase out plan is not required under federal
5363959 law, notify the hospital assessment fee committee (IC 16-21-10)
5364960 of the office's intent to terminate the plan and the plan shall be
5365961 phased out under a procedure approved by the hospital
5366962 assessment fee committee.
5367963 The office may not submit any phase out plan to the United States
5368-SEA 4 — CC 1 126
5369964 Department of Health and Human Services or accept any phase out
5370965 plan proposed by the Department of Health and Human Services
5371966 without the prior approval of the hospital assessment fee committee.
5372967 (c) Before submitting:
5373968 (1) an extension of; or
5374969 (2) a material amendment to;
5375970 the plan to the United States Department of Health and Human
5376971 Services, the office shall inform the Indiana Hospital Association of the
5377-extension or material amendment to the plan.
5378-SECTION 112. IC 12-15-44.5-7, AS ADDED BY P.L.213-2015,
5379-SECTION 136, IS AMENDED TO READ AS FOLLOWS
5380-[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The phase out trust fund
5381-is established for the purpose of holding the money needed during a
5382-phase out period of the plan. Funds deposited under this section shall
5383-be used only:
5384-(1) to fund the state share of the expenses described in
5385-IC 16-21-10-13.3(b)(1)(A) through IC 16-21-10-13.3(b)(1)(F)
5386-incurred during a phase out period of the plan;
5387-(2) after funds from the healthy Indiana trust fund (IC
5388-12-15-44.2-17) are exhausted; and
5389-(3) to refund hospitals in the manner described in subsection (h).
5390-The fund is separate from the state general fund.
5391-(b) The fund shall be administered by the office.
5392-(c) The expenses of administering the fund shall be paid from
5393-money in the fund.
5394-(d) The trust fund must consist of:
5395-(1) the funds described in section 6 of this chapter; and
5396-(2) any interest accrued under this section.
5397-(e) The treasurer of state shall invest the money in the fund not
5398-currently needed to meet the obligations of the fund in the same
5399-manner as other public money may be invested. Interest that accrues
5400-from these investments shall be deposited in the fund.
5401-(f) Money in the fund does not revert to the state general fund at the
5402-end of any fiscal year. However, the budget agency shall transfer all
5403-money in the trust fund to the Medicaid contingency and reserve
5404-account established by IC 4-12-1-15.5 on or before June 30, 2024.
5405-(g) The fund is considered a trust fund for purposes of IC 4-9.1-1-7.
5406-Money may not be transferred, assigned, or otherwise removed from
5407-the fund by the state board of finance, the budget agency, or any other
5408-state agency unless specifically authorized under this chapter.
5409-(h) At the end of the phase out period, any remaining funds and
5410-accrued interest shall be distributed to the hospitals on a pro rata basis
5411-SEA 4 — CC 1 127
5412-based on the fees authorized by IC 16-21-10 that were paid by each
5413-hospital for the state fiscal year that ended immediately before the
5414-beginning of the phase out period.
5415-(i) This section expires July 1, 2024.
5416-SECTION 113. IC 12-15-44.5-9, AS ADDED BY P.L.213-2015,
5417-SECTION 136, IS AMENDED TO READ AS FOLLOWS
5418-[EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The office may adopt rules
5419-under IC 4-22-2 necessary to implement:
5420-(1) this chapter; or
5421-(2) a Section 1115 Medicaid demonstration waiver concerning the
5422-plan that is approved by the United States Department of Health
5423-and Human Services.
5424-(b) The office may adopt emergency rules under IC 4-22-2-37.1 to
5425-implement the plan on an emergency basis.
5426-(c) An emergency rule or an amendment to an emergency rule
5427-adopted under this section expires not later than the earlier of:
5428-(1) one (1) year after the rule is accepted for filing under
5429-IC 4-22-2-37.1(e); or
5430-(2) July 1, 2016.
5431-SECTION 114. IC 12-17.6-2-11, AS AMENDED BY P.L.35-2016,
5432-SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5433-JULY 1, 2024]: Sec. 11. (a) The secretary shall adopt rules under
5434-IC 4-22-2 to implement the program.
5435-(b) The secretary may adopt emergency rules under IC 4-22-2-37.1
5436-to implement the program on an emergency basis.
5437-(c) (b) A rule adopted before April 15, 2016, by the office of
5438-children's health insurance program is transferred to the office of the
5439-secretary.
5440-SECTION 115. IC 13-14-8-1, AS AMENDED BY P.L.140-2013,
5441-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5442-JULY 1, 2024]: Sec. 1. (a) The board may:
5443-(1) adopt;
5444-(2) repeal;
5445-(3) rescind; or
5446-(4) amend;
5447-rules and standards by proceeding in the manner prescribed in
5448-IC 4-22-2 and IC 13-14-9.
5449-(b) If the board may adopt an emergency adopts a provisional rule
5450-under IC 4-22-2-37.1 or an interim rule under IC 4-22-2-37.2 to
5451-comply with a deadline required by or other date provided by federal
5452-law, if: the board shall:
5453-(1) include the variance procedures are included in the rule; and
5454-SEA 4 — CC 1 128
5455-(2) review the permits or licenses granted during the period the
5456-emergency rule is in effect are reviewed after the emergency rule
5457-expires.
5458-An emergency rule adopted under this subsection may be extended for
5459-two (2) extension periods by adopting another rule under
5460-IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does not apply to an emergency
5461-rule adopted under this subsection.
5462-SECTION 116. IC 13-14-9-4, AS AMENDED BY P.L.249-2023,
5463-SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5464-JULY 1, 2024]: Sec. 4. (a) In addition to the requirements of
5465-IC 4-22-2-23 and (if applicable) IC 4-22-2-24, the notice of public
5466-comment period submitted by the department to the publisher must do
5467-the following:
5468-(1) Contain a summary of the response of the department to
5469-written comments submitted under section 3 of this chapter, if
5470-applicable.
5471-(2) Request the submission of comments, including suggestions
5472-of specific amendments to the language contained in the proposed
5473-rule.
5474-(3) Identify each element of the proposed rule that imposes a
5475-restriction or requirement on persons to whom the proposed rule
5476-applies that:
5477-(A) is more stringent than a restriction or requirement imposed
5478-under federal law; or
5479-(B) applies in a subject area in which federal law does not
5480-impose a restriction or requirement.
5481-(4) With respect to each element identified under subdivision (3),
5482-identify:
5483-(A) the environmental circumstance or hazard that dictates the
5484-imposition of the proposed restriction or requirement to
5485-protect human health and the environment;
5486-(B) examples in which federal law is inadequate to provide the
5487-protection referred to in clause (A); and
5488-(C) the:
5489-(i) estimated fiscal impact; and
5490-(ii) expected benefits;
5491-based on the extent to which the proposed rule is more
5492-stringent than the restrictions or requirements of federal law,
5493-or on the creation of restrictions or requirements in a subject
5494-area in which federal law does not impose restrictions or
5495-requirements.
5496-(5) For any element of the proposed rule that imposes a restriction
5497-SEA 4 — CC 1 129
5498-or requirement that is more stringent than a restriction or
5499-requirement imposed under federal law or that applies in a subject
5500-area in which federal law does not impose restrictions or
5501-requirements, describe the availability for public inspection of all
5502-materials relied upon by the department in the development of the
5503-proposed rule, including, if applicable:
5504-(A) health criteria;
5505-(B) analytical methods;
5506-(C) treatment technology;
5507-(D) economic impact data;
5508-(E) environmental assessment data;
5509-(F) analyses of methods to effectively implement the proposed
5510-rule; and
5511-(G) other background data.
5512-(b) If the notice provided by the department concerning a proposed
5513-rule identifies an element of the proposed rule that imposes a restriction
5514-or requirement more stringent than a restriction or requirement
5515-imposed under federal law, the proposed rule shall not become
5516-effective under this chapter until the adjournment sine die of the
5517-regular session of the general assembly that begins after the department
5518-provides the notice.
5519-(c) Subsection (b) does not prohibit or restrict the commissioner, the
5520-department, or the board from:
5521-(1) adopting provisional rules under IC 4-22-2-37.1;
5522-(2) taking emergency action under IC 13-14-10; or
5523-(3) temporarily:
5524-(A) altering ordinary operating policies or procedures; or
5525-(B) implementing new policies or procedures;
5526-in response to an emergency situation.
5527-SECTION 117. IC 13-15-4-3, AS AMENDED BY P.L.140-2013,
5528-SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5529-JULY 1, 2024]: Sec. 3. (a) A board may adopt a rule under IC 4-22-2
5530-that changes a period described under section 1 of this chapter within
5531-which the commissioner must approve or deny an application:
5532-(1) if:
5533-(A) the general assembly enacts a statute;
5534-(B) a board adopts a rule; or
5535-(C) the federal government enacts a statute or adopts a
5536-regulation;
5537-that imposes a new requirement concerning a class of applications
5538-that makes it infeasible for the commissioner to approve or deny
5539-the application within the period;
5540-SEA 4 — CC 1 130
5541-(2) if:
5542-(A) the general assembly enacts a statute;
5543-(B) a board adopts a rule; or
5544-(C) the federal government enacts a statute or adopts a
5545-regulation;
5546-that establishes a new permit program for which a period is not
5547-described under section 1 of this chapter; or
5548-(3) if some other significant factor concerning a class of
5549-applications makes it infeasible for the commissioner to approve
5550-or deny the application within the period.
5551-(b) If a board may adopt adopts a rule described in subsection (a)
5552-as an emergency a provisional rule under IC 4-22-2-37.1 if: or as an
5553-interim rule under IC 4-22-2-37.2, the board shall:
5554-(1) include the variance procedures are included in the rule; and
5555-(2) review the permits or licenses granted during the period the
5556-emergency rule is in effect are reviewed after the emergency rule
5557-expires.
5558-If a board adopts a provisional rule or an emergency interim rule
5559-under this subsection, the period described in section 1 of this chapter
5560-is suspended during the emergency rulemaking process. An emergency
5561-rule adopted under this subsection may be extended for two (2)
5562-extension periods by adopting another emergency rule under
5563-IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does not apply to an emergency
5564-rule adopted under this subsection.
5565-SECTION 118. IC 13-22-2-3 IS AMENDED TO READ AS
5566-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) The board shall
5567-adopt rules under IC 4-22-2 and IC 13-14-8 to develop criteria for
5568-determining hazardous waste. In developing those criteria, the board
5569-shall determine whether any waste to be or being disposed of meets any
5570-of the following conditions:
5571-(1) Presents immediate or persistent hazards to humans or
5572-wildlife.
5573-(2) Is resistant to natural degradation or detoxification.
5574-(3) Is bioconcentrative, flammable, reactive, toxic, corrosive, or
5575-infectious in addition to any other harmful characteristics.
5576-(b) The board shall do the following:
5577-(1) Compile and maintain a listing of wastes that have been
5578-determined to be hazardous:
5579-(A) under the criteria described in subsection (a); or
5580-(B) by regulation of the United States Environmental
5581-Protection Agency.
5582-(2) Issue the listing by adopting rules under IC 4-22-2. However,
5583-SEA 4 — CC 1 131
5584-the board may by resolution adopt an emergency rule under
5585-IC 4-22-2-37.1 to declare any waste determined to be hazardous
5586-under this section.
5587-(c) The board shall consider actions taken by adjoining states and
5588-the federal government for purposes of uniform criteria relating to the
5589-listing and delisting of waste under this section.
5590-(d) The commissioner may exclude a waste produced at a particular
5591-generating facility from the listing under subsection (b) if the person
5592-seeking exclusion of the waste demonstrates to the satisfaction of the
5593-commissioner that the waste does not meet any of the criteria under
5594-which the waste was listed as a hazardous waste and:
5595-(1) the person seeking exclusion has already obtained exclusion
5596-of the waste from the listing maintained under 40 CFR 261 by the
5597-United States Environmental Protection Agency; or
5598-(2) if the department has received authority from the United
5599-States Environmental Protection Agency to delist waste under 40
5600-CFR 260.20 and 260.22, the person petitions the commissioner to
5601-consider the removal of a waste from the listing, and the
5602-commissioner follows the authorized procedure for delisting.
5603-(e) The department shall establish a procedure by which a person
5604-may petition the commissioner to consider the removal of a specific
5605-waste from the lists maintained under subsection (b).
5606-SECTION 119. IC 14-10-2-4, AS AMENDED BY P.L.164-2020,
5607-SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5608-JULY 1, 2024]: Sec. 4. (a) The commission shall adopt rules under
5609-IC 4-22-2 to carry out the commission's duties under this title.
5610-(b) The commission may adopt rules to exempt an activity from
5611-licensing under this title, except:
5612-(1) IC 14-34;
5613-(2) IC 14-36-1; and
5614-(3) IC 14-38-2;
5615-if the activity poses not more than a minimal potential for harm.
5616-(c) Except as provided in subsection (d), whenever the department
5617-or the director has the authority to adopt rules under IC 4-22-2, the
5618-commission shall exclusively exercise the authority.
5619-(d) Emergency Rules adopted under section 5 of this chapter shall
5620-be adopted by the director.
5621-(e) A person who violates a rule adopted by the commission
5622-commits a Class C infraction, unless otherwise specified under state
5623-law.
5624-SECTION 120. IC 14-10-2-5, AS AMENDED BY P.L.249-2023,
5625-SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5626-SEA 4 — CC 1 132
5627-JULY 1, 2024]: Sec. 5. (a) The department may adopt rules under
5628-IC 4-22-2 to carry out the duties of the department under the following:
5629-(1) IC 14-9.
5630-(2) This article.
5631-(3) IC 14-11.
5632-(4) IC 14-12-2.
5633-(5) IC 14-14.
5634-(6) IC 14-15.
5635-(7) IC 14-17-3.
5636-(8) IC 14-18, except IC 14-18-6 and IC 14-18-8.
5637-(9) IC 14-19-1 and IC 14-19-8.
5638-(10) IC 14-21.
5639-(11) IC 14-22-3, IC 14-22-4, and IC 14-22-5.
5640-(12) IC 14-23-1.
5641-(13) IC 14-24.
5642-(14) IC 14-25, except IC 14-25-8-3 and IC 14-25-13.
5643-(15) IC 14-26.
5644-(16) IC 14-27.
5645-(17) IC 14-28.
5646-(18) IC 14-29.
5647-(19) IC 14-35-1, IC 14-35-2, and IC 14-35-3.
5648-(20) IC 14-37.
5649-(21) IC 14-38, except IC 14-38-3.
5650-(22) IC 14-39.
5651-(b) An emergency rule adopted under subsection (a) (as effective
5652-before July 1, 2023) expires not later than one (1) year after the rule is
5653-accepted for filing by the publisher of the Indiana Register.
5654-(c) A person who violates:
5655-(1) an emergency rule adopted by the department under
5656-IC 4-22-2-37.1 before July 1, 2023; or
5657-(2) an interim a rule adopted by the department under
5658-IC 4-22-2-37.2 IC 4-22-2 after June 30, 2023;
5659-to carry out a provision described in subsection (a) commits a Class C
5660-infraction, unless otherwise specified under state law.
5661-SECTION 121. IC 14-39-0.5-3, AS ADDED BY P.L.158-2023,
5662-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5663-JULY 1, 2024]: Sec. 3. Notwithstanding IC 14-10-2-5(b), an
5664-emergency interim rule adopted by the department under
5665-IC 14-10-2-5(a)(22) concerning the department's discharge of the
5666-duties imposed upon the department under this article expires upon the
5667-earlier of the following:
5668-(1) One (1) year after the rule is accepted for filing by the
5669-SEA 4 — CC 1 133
5670-publisher of the Indiana Register.
5671-(2) Upon the adoption of a rule under this chapter concerning the
5672-department's discharge of the duties imposed upon the department
5673-under this article. according to IC 4-22-2.3-5.
5674-SECTION 122. IC 15-15-13-14, AS AMENDED BY P.L.190-2019,
5675-SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5676-JULY 1, 2024]: Sec. 14. (a) The state seed commissioner shall adopt
5677-rules under IC 4-22-2 to implement and administer this chapter.
5678-(b) The state seed commissioner may adopt emergency rules in the
5679-manner provided under IC 4-22-2-37.1 to comply with any federal
5680-requirement under the Agriculture Improvement Act of 2018 to
5681-implement and administer this chapter.
5682-SECTION 123. IC 15-17-3-14, AS AMENDED BY P.L.41-2021,
5683-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5684-JULY 1, 2024]: Sec. 14. The board may delegate any of the board's
5685-duties to the state veterinarian, except the following:
5686-(1) The duty to supervise the state veterinarian.
5687-(2) The duty to hold hearings under this article and IC 4-21.5.
5688-(3) The duty to adopt rules under IC 4-22-2. However, the board
5689-may delegate the duty to adopt emergency provisional rules
5690-under IC 4-22-2-37.1 or interim rules under IC 4-22-2-37.2.
5691-SECTION 124. IC 15-17-10-9, AS AMENDED BY P.L.41-2021,
5692-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5693-JULY 1, 2024]: Sec. 9. If the board determines that an emergency event
5694-has occurred or a disease or pest of animals or animal products presents
5695-a hazard to the citizens or animals of Indiana, the following action may
5696-be taken:
5697-(1) The board may adopt emergency rules under IC 4-22-2-37.1
5698-IC 4-22-2 that facilitate the prevention, detection, control, and
5699-eradication of the disease or pest of animals, including the
5700-following to:
5701-(A) Prohibit or impose conditions on importing animals and
5702-objects into Indiana.
5703-(B) Require testing of animals and objects.
5704-(C) Require vaccination or other treatment of animals and
5705-objects.
5706-(D) Prohibit or impose conditions on moving animals and
5707-objects within Indiana.
5708-(E) Govern the disposition of animals and objects.
5709-(F) Impose other measures governing animals and objects to
5710-protect the citizens and animals of Indiana from diseases and
5711-pests of animals.
5712-SEA 4 — CC 1 134
5713-(2) The board may issue emergency orders under IC 4-21.5-4
5714-governing animals and objects in order to protect the citizens and
5715-animals of the state from diseases and pests of animals.
5716-SECTION 125. IC 15-17-10-10, AS AMENDED BY P.L.9-2022,
5717-SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5718-JULY 1, 2024]: Sec. 10. If the board determines that an emergency
5719-event or a disease or pest of animals has resulted in or is likely to result
5720-in a large number of dead animals, the board may facilitate the prompt
5721-disposal of the dead animals by adopting an emergency a rule under
5722-IC 4-22-2-37.1 IC 4-22-2 that amends or suspends any of the
5723-following:
5724-(1) IC 15-17-11.
5725-(2) A rule adopted by the board that governs the disposal of dead
5726-animals.
5727-SECTION 126. IC 15-18-1-14, AS AMENDED BY P.L.186-2014,
5728-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5729-JULY 1, 2024]: Sec. 14. (a) Raw milk for processing and milk and milk
5730-products must conform to all the standards in the rules adopted by the
5731-board.
5732-(b) The board shall adopt a rule and may adopt emergency rules
5733-under IC 4-22-2-37.1 IC 4-22-2 to establish standards for Grade A
5734-milk and milk products. The standards adopted under this section must
5735-be:
5736-(1) the same as; or
5737-(2) at least as effective in protecting health as;
5738-the national standards for Grade A milk adopted by the National
5739-Conference on Interstate Milk Shipments in accordance with the
5740-national conference's Memorandum of Understanding with the United
5741-States Department of Health and Human Services, Food and Drug
5742-Administration.
5743-(c) The board shall determine when an amendment to national
5744-standards described in subsection (b) has been adopted. If the board
5745-determines that an amendment to the national standards has been
5746-adopted, the board shall adopt rules and may adopt emergency rules
5747-under IC 4-22-2-37.1 IC 4-22-2 to amend the rules adopted by the
5748-board under subsection (b) to provide a standard that is:
5749-(1) the same as; or
5750-(2) at least as effective in protecting health as;
5751-the amendment to the national standards for Grade A milk.
5752-(d) The board may adopt standards for the production of
5753-manufacturing grade milk products.
5754-(e) The board may do the following:
5755-SEA 4 — CC 1 135
5756-(1) Adopt rules under IC 4-22-2 defining grades of raw milk and
5757-milk products and various tests to be made at different intervals
5758-in the receipt of raw milk and milk products for the manufacturing
5759-or processing of milk and milk products.
5760-(2) Adopt sanitary rules under IC 4-22-2 concerning the
5761-sampling, production, manufacturing, processing, handling,
5762-packing, storing, distributing, and transporting of milk and milk
5763-products for the enforcement of this chapter.
5764-(3) Provide that raw milk and milk products that do not meet the
5765-minimum standards provided and that are unfit for human
5766-consumption be destroyed or removed from distribution channels
5767-for human food in a manner provided by rule.
5768-(4) Require training for bulk milk hauler/samplers.
5769-SECTION 127. IC 16-19-3-4, AS AMENDED BY P.L.143-2022,
5770-SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5771-JULY 1, 2024]: Sec. 4. (a) The executive board may, by an affirmative
5772-vote of a majority of its members, adopt reasonable rules under
5773-IC 4-22-2 on behalf of the state department to protect or to improve the
5774-public health in Indiana.
5775-(b) The rules may concern but are not limited to the following:
5776-(1) Nuisances dangerous to public health.
5777-(2) The pollution of any water supply other than where
5778-jurisdiction is in the environmental rules board and department of
5779-environmental management.
5780-(3) The disposition of excremental and sewage matter.
5781-(4) The control of fly and mosquito breeding places.
5782-(5) The detection, reporting, prevention, and control of diseases
5783-that affect public health.
5784-(6) The care of maternity and infant cases and the conduct of
5785-maternity homes.
5786-(7) The production, distribution, and sale of human food.
5787-(8) Except as provided in section 4.4 of this chapter, the conduct
5788-of camps.
5789-(9) Standards of cleanliness of eating facilities for the public.
5790-(10) Standards of cleanliness of sanitary facilities offered for
5791-public use.
5792-(11) The handling, disposal, disinterment, and reburial of dead
5793-human bodies.
5794-(12) Vital statistics.
5795-(13) Sanitary conditions and facilities in public buildings and
5796-grounds, including plumbing, drainage, sewage disposal, water
5797-supply, lighting, heating, and ventilation, other than where
5798-SEA 4 — CC 1 136
5799-jurisdiction is vested by law in the fire prevention and building
5800-safety commission or other state agency.
5801-(14) The design, construction, and operation of swimming and
5802-wading pools. However, the rules governing swimming and
5803-wading pools do not apply to a pool maintained by an individual
5804-for the sole use of the individual's household and house guests.
5805-(c) The executive board shall adopt reasonable rules to regulate the
5806-following:
5807-(1) The sanitary operation of tattoo parlors.
5808-(2) The sanitary operation of body piercing facilities.
5809-(d) The executive board may adopt rules on behalf of the state
5810-department for the efficient enforcement of this title, except as
5811-otherwise provided. However, fees for inspections relating to weight
5812-and measures may not be established by the rules.
5813-(e) The executive board may declare that a rule described in
5814-subsection (d) is necessary to meet an emergency and adopt the rule
5815-under IC 4-22-2-37.1. IC 4-22-2.
5816-(f) The rules of the state department may not be inconsistent with
5817-this title and or any other state law.
5818-SECTION 128. IC 16-21-10-13.3, AS AMENDED BY
972+extension or material amendment to the plan.".
973+Page 16, between lines 36 and 37, begin a new paragraph and insert:
974+"(i) This section expires July 1, 2024.".
975+Page 18, between lines 16 and 17, begin a new paragraph and insert:
976+"SECTION 19. IC 16-21-10-13.3, AS AMENDED BY
5819977 P.L.201-2023, SECTION 147, IS AMENDED TO READ AS
5820978 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13.3. (a) This section
979+ES 4—LS 6953/DI 92 23
5821980 is effective beginning February 1, 2015. As used in this section, "plan"
5822981 refers to the healthy Indiana plan established in IC 12-15-44.5.
5823982 (b) Subject to subsections (c) through (e), the incremental fee under
5824983 this section may be used to fund the state share of the expenses
5825984 specified in this subsection if, after January 31, 2015, but before the
5826985 collection of the fee under this section, the following occur:
5827986 (1) The committee establishes a fee formula to be used to fund the
5828987 state share of the following expenses described in this
5829988 subdivision:
5830989 (A) The state share of the capitated payments made to a
5831990 managed care organization that contracts with the office to
5832991 provide health coverage under the plan to plan enrollees other
5833992 than plan enrollees who are eligible for the plan under Section
5834993 1931 of the federal Social Security Act.
5835994 (B) The state share of capitated payments described in clause
5836995 (A) for plan enrollees who are eligible for the plan under
5837996 Section 1931 of the federal Social Security Act that are limited
5838997 to the difference between:
5839998 (i) the capitation rates effective September 1, 2014,
5840999 developed using Medicaid reimbursement rates; and
5841-SEA 4 — CC 1 137
58421000 (ii) the capitation rates applicable for the plan developed
58431001 using the plan's Medicare reimbursement rates described in
58441002 IC 12-15-44.5-5(a)(2).
58451003 (C) The state share of the state's contributions to plan enrollee
58461004 accounts.
58471005 (D) The state share of amounts used to pay premiums for a
58481006 premium assistance plan implemented under
58491007 IC 12-15-44.2-20.
58501008 (E) The state share of the costs of increasing reimbursement
58511009 rates for physician services provided to individuals enrolled in
58521010 Medicaid programs other than the plan, but not to exceed the
58531011 difference between the Medicaid fee schedule for a physician
58541012 service that was in effect before the implementation of the plan
58551013 and the amount equal to seventy-five percent (75%) of the
58561014 previous year federal Medicare reimbursement rate for a
58571015 physician service. The incremental fee may not be used for the
58581016 amount that exceeds seventy-five percent (75%) of the federal
58591017 Medicare reimbursement rate for a physician service.
58601018 (F) The state share of the state's administrative costs that, for
58611019 purposes of this clause, may not exceed one hundred seventy
58621020 dollars ($170) per person per plan enrollee per year, and
58631021 adjusted annually by the Consumer Price Index.
1022+ES 4—LS 6953/DI 92 24
58641023 (G) The money described in IC 12-15-44.5-6(a) for the phase
58651024 out period of the plan.
58661025 (2) The committee approves a process to be used for reconciling:
58671026 (A) the state share of the costs of the plan;
58681027 (B) the amounts used to fund the state share of the costs of the
58691028 plan; and
58701029 (C) the amount of fees assessed for funding the state share of
58711030 the costs of the plan.
58721031 For purposes of this subdivision, "costs of the plan" includes the
58731032 costs of the expenses listed in subdivision (1)(A) through (1)(G).
58741033 (1)(F).
58751034 The fees collected under subdivision (1)(A) through (1)(F) shall be
58761035 deposited into the incremental hospital fee fund established by section
58771036 13.5 of this chapter. Fees described in subdivision (1)(G) shall be
58781037 deposited into the phase out trust fund described in IC 12-15-44.5-7.
58791038 The fees used for purposes of funding the state share of expenses listed
58801039 in subdivision (1)(A) through (1)(F) may not be used to fund expenses
58811040 incurred on or after the commencement of a phase out period of the
58821041 plan.
58831042 (c) For each state fiscal year for which the fee authorized by this
5884-SEA 4 — CC 1 138
58851043 section is used to fund the state share of the expenses described in
58861044 subsection (b)(1), the amount of fees shall be reduced by:
58871045 (1) the amount of funds annually designated by the general
58881046 assembly to be deposited in the healthy Indiana plan trust fund
58891047 established by IC 12-15-44.2-17; less
58901048 (2) the annual cigarette tax funds annually appropriated by the
58911049 general assembly for childhood immunization programs under
58921050 IC 12-15-44.2-17(a)(3).
58931051 (d) The incremental fee described in this section may not:
58941052 (1) be assessed before July 1, 2016; and
58951053 (2) be assessed or collected on or after the beginning of a phase
58961054 out period of the plan.
58971055 (e) This section is not intended to and may not be construed to
58981056 change or affect any component of the programs established under
5899-section 8 of this chapter.
5900-SECTION 129. IC 16-21-10-16, AS ADDED BY P.L.205-2013,
5901-SECTION 214, IS AMENDED TO READ AS FOLLOWS
5902-[EFFECTIVE JULY 1, 2024]: Sec. 16. Subject to section 8(b) of this
5903-chapter, the office may adopt rules including emergency rules adopted
5904-in the manner provided under IC 4-22-2-37.1, under IC 4-22-2
5905-necessary to implement this chapter. Rules adopted under this section
5906-may be retroactive to the effective date of the Medicaid state plan
5907-amendments or waivers approved under this chapter.
5908-SECTION 130. IC 16-29-7-13, AS ADDED BY P.L.202-2018,
5909-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5910-JULY 1, 2024]: Sec. 13. (a) The state department shall establish a
5911-review period for certificate of need applications beginning July 1,
5912-2019, and every July 1 thereafter, and lasting until the following June
5913-30.
5914-(b) The state department shall accept certificate of need applications
5915-until July 31 of the review period.
5916-(c) The state department shall publish any certificate of need
5917-applications accepted for review on the state department's Internet web
5918-site website before August 15 of the review period.
5919-(d) The state department shall accept public comments on the
5920-certificate of need applications accepted for review through October 15
5921-of the review period.
5922-(e) The commissioner or the commissioner's designee shall issue
5923-any decision on an accepted certificate of need application not later
5924-than April 30 of the review period.
5925-(f) The state department shall adopt emergency rules under
5926-IC 4-22-2-37.1 IC 4-22-2 to implement a system for the submission of
5927-SEA 4 — CC 1 139
5928-public comments under subsection (d).
5929-SECTION 131. IC 16-29-7-14, AS ADDED BY P.L.202-2018,
5930-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5931-JULY 1, 2024]: Sec. 14. (a) The commissioner or the commissioner's
5932-designee shall perform a comparative review on a certificate of need
5933-application if:
5934-(1) at least two (2) applications are submitted during the same
5935-review period;
5936-(2) the applications propose to transfer comprehensive care beds
5937-into the same county; and
5938-(3) the number of comprehensive care beds for which a certificate
5939-of need is requested totals more than the county comprehensive
5940-care bed need in the county where the comprehensive care beds
5941-are to be transferred.
5942-(b) In determining which applicant will receive preference in the
5943-comparative review process, the commissioner or the commissioner's
5944-designee shall:
5945-(1) review the applications to ensure compliance with section
5946-12(c) of this chapter; and
5947-(2) give weighted priority to the criteria set forth in section 12(d)
5948-of this chapter.
5949-The commissioner or the commissioner's designee shall give preference
5950-in approving the application to a certificate of need application that
5951-complies with section 12 of this chapter and receives the most points
5952-under the point system established under subsection (d). If at least two
5953-(2) certificate of need applications requesting the same activity comply
5954-with section 12 of this chapter and are awarded the same number of
5955-points under subsection (d), the commissioner or the commissioner's
5956-designee shall give preference to the application that demonstrates the
5957-greatest need for the activity being requested.
5958-(c) The commissioner or the commissioner's designee shall approve
5959-a certificate of need application requesting the:
5960-(1) transfer of comprehensive care beds; or
5961-(2) construction of a comprehensive care health facility consisting
5962-of transferred beds;
5963-subject to comparative review under this section only after finding that
5964-the request in the application is necessary as set forth in this chapter.
5965-(d) The state department shall adopt emergency rules under
5966-IC 4-22-2-37.1 IC 4-22-2 to establish and implement a certificate of
5967-need application point system in accordance with this section.
5968-SECTION 132. IC 16-31-3-24, AS ADDED BY P.L.77-2012,
5969-SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5970-SEA 4 — CC 1 140
5971-JULY 1, 2024]: Sec. 24. The commission may implement a
5972-certification program for emergency services personnel regulated by
5973-the commission through emergency rules adopted under
5974-IC 4-22-2-37.1. IC 4-22-2. An emergency rule adopted under this
5975-section expires on the later of the following:
5976-(1) July 1, 2014.
5977-(2) The date permanent rules are adopted to replace the
5978-emergency rules.
5979-SECTION 133. IC 16-41-2-1, AS AMENDED BY P.L.112-2020,
5980-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5981-JULY 1, 2024]: Sec. 1. (a) The state department may adopt rules under
5982-IC 4-22-2 including emergency rules under IC 4-22-2-37.1, that
5983-establish reporting, monitoring, and preventive procedures for
5984-communicable diseases.
5985-(b) The state department shall publish a list of:
5986-(1) reportable communicable diseases;
5987-(2) other diseases or conditions that pose a serious health risk
5988-based upon the characteristics of the disease or condition; and
5989-(3) the control measures for the diseases and conditions;
5990-on the state department's Internet web site. website. The state
5991-department is not required to adopt rules under subsection (a) for the
5992-list described in this subsection.
5993-(c) In updating the list described in subsection (b), the state
5994-department:
5995-(1) shall consider recommendations from:
5996-(A) the United States Centers for Disease Control and
5997-Prevention; and
5998-(B) the Council of State and Territorial Epidemiologists; and
5999-(2) may consult with local health departments.
6000-SECTION 134. IC 16-41-21.2-4, AS AMENDED BY THE
1057+section 8 of this chapter.".
1058+Renumber all SECTIONS consecutively.
1059+and when so amended that said bill do pass.
1060+(Reference is to SB 4 as introduced.)
1061+MISHLER, Chairperson
1062+ES 4—LS 6953/DI 92 25
1063+Committee Vote: Yeas 13, Nays 0.
1064+_____
1065+SENATE MOTION
1066+Madam President: I move that Senate Bill 4 be amended to read as
1067+follows:
1068+Page 1, between the enacting clause and line 1, begin a new
1069+paragraph and insert:
1070+"SECTION 1. IC 2-5-42.4-8, AS AMENDED BY THE
60011071 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
60021072 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6003-JULY 1, 2024]: Sec. 4. (a) Except as provided in subsection (c), the
6004-owner or operator having authority over a child care facility or
6005-preschool shall test the drinking water in the child care facility or
6006-preschool before January 1, 2026, to determine whether lead is present
6007-in the drinking water in a concentration that equals or exceeds the
6008-action level for lead.
6009-(b) Drinking water testing required by this section must be
6010-performed in accordance with the lead sampling program for school
6011-buildings and child care facilities conducted by the Indiana finance
6012-authority.
6013-SEA 4 — CC 1 141
6014-(c) If the drinking water in a child care facility or preschool has been
6015-tested through a lead sampling program conducted by the Indiana
6016-finance authority, the owner or operator having authority over the child
6017-care facility or preschool is not required to test the drinking water in the
6018-child care facility or preschool before January 1, 2026, under
6019-subsection (a).
6020-(d) If the testing of the drinking water in a child care facility or
6021-preschool under this section indicates that the presence of lead in the
6022-drinking water equals or exceeds the action level for lead, the owner or
6023-operator having authority over the child care facility or preschool shall
6024-take action to reduce the concentration of lead in the drinking water to
6025-a level below the action level for lead by:
6026-(1) eliminating the source of the lead in the drinking water; or
6027-(2) installing a water filtration system that will reduce the level of
6028-lead in the drinking water to a level below the action level for
6029-lead.
6030-(e) A water filtration system installed under subsection (d)(2) must
6031-meet the following conditions, as applicable:
6032-(1) If the system is a point-of-use water filtration system, it must
6033-be certified by a certifying body accredited by a signatory to the
6034-International Accreditation Forum Multilateral Recognition
6035-Arrangement (IAFMlA), (IAFMRA), such as the American
6036-National Accreditation Board (ANAB), for drinking water
6037-treatment units for lead reduction.
6038-(2) If the system is a water treatment system on a drinking water
6039-outlet, it must be third party certified:
6040-(A) under NSF/ANSI 53 for lead reduction;
6041-(B) under NSF/ANSI 42 for particulate reduction (Class 1); or
6042-(C) under NSF/ANSI 58 for lead reduction.
6043-(f) If the owner or operator of a child care facility or preschool
6044-installs a water filtration system under subsection (d)(2), the owner or
6045-operator shall:
6046-(1) follow the manufacturer's instructions for the installation, use,
6047-and maintenance of the water filtration system; and
6048-(2) create and follow a maintenance schedule that identifies the
6049-person responsible for the installation and maintenance of the
6050-water filtration system.
6051-(g) The environmental rules board shall, under IC 4-22-2 and
6052-IC 13-14-9, adopt rules including emergency rules adopted in the
6053-manner provided by IC 4-22-2-37.1, concerning the lead action level
6054-for lead. Rules adopted by the environmental rules board shall conform
6055-with the forthcoming Lead and Copper Rule Improvements (LCRI)
6056-SEA 4 — CC 1 142
6057-being promulgated by the United States Environmental Protection
6058-Agency. Notwithstanding IC 4-22-2-37.1(g), the emergency rules that
6059-are adopted under this subsection and in the manner provided by
6060-IC 4-22-2-37.1 expire on the date on which rules that supersede the
6061-emergency rules are adopted by the board under this subsection and
6062-IC 4-22-2-24 through IC 4-22-2-36.
6063-SECTION 135. IC 16-41-43-2.5, AS ADDED BY P.L.114-2020,
6064-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6065-JULY 1, 2024]: Sec. 2.5. (a) The state department shall approve
6066-courses concerning allergies and the administration of auto-injectable
6067-epinephrine that are offered by an approved organization (as defined in
6068-IC 25-1-4-0.2).
6069-(b) The state department shall do the following:
6070-(1) Maintain, on its Internet web site, website, a list of all
6071-approved courses.
6072-(2) Prescribe the certification process for the course described in
6073-subsection (a).
6074-(3) Revoke the certification of an organization that fails to comply
6075-with any certification prerequisite specified by the state
6076-department.
6077-(c) A person who successfully completes a certified course shall
6078-receive a certificate of completion. The state department may contract
6079-with a third party for the purpose of creating or manufacturing the
6080-certificate of completion, which must meet the requirements set forth
6081-in subsection (d).
6082-(d) A certificate of completion issued under subsection (c) must:
6083-(1) have dimensions that permit the certificate of completion to be
6084-carried in a wallet; and
6085-(2) display the following information:
6086-(A) The first and last name of the person.
6087-(B) The first and last name of the course instructor.
6088-(C) The name of the entity responsible for providing the
6089-course, if applicable.
6090-(D) The date the course described in subsection (a) was
6091-completed.
6092-(E) Any other information required by the state department.
6093-(e) The state department may adopt rules under IC 4-22-2 including
6094-emergency rules under IC 4-22-2-37.1, to implement this section.
6095-SECTION 136. IC 16-42-5-0.3, AS AMENDED BY P.L.56-2023,
6096-SECTION 167, IS AMENDED TO READ AS FOLLOWS
6097-[EFFECTIVE JULY 1, 2024]: Sec. 0.3. (a) The state department may
6098-adopt rules establishing under IC 4-22-2 to establish the initial
6099-SEA 4 — CC 1 143
6100-schedule of civil penalties required under section 28 of this chapter, as
6101-added by P.L.266-2001, at any time after May 11, 2001. in the manner
6102-provided for the adoption of emergency rules under IC 4-22-2-37.1. An
6103-emergency rule adopted under this section expires on the later of:
6104-(1) the date permanent rules are adopted to replace the emergency
6105-rules; or
6106-(2) July 1, 2003.
6107-(b) A corporation or local health department that, before January 1,
6108-2001, adopted monetary penalties for the violation of any state or local
6109-law or rule concerning food handling or food establishments may
6110-continue to enforce those locally prescribed monetary penalties
6111-(including the issuance of tickets or citations authorized by local law)
6112-and deposit the amounts collected as prescribed by local law until the
6113-later of:
6114-(1) the date permanent rules are adopted establishing the schedule
6115-of civil penalties required under section 28 of this chapter, as
6116-added by P.L.266-2001; or
6117-(2) July 1, 2003.
6118-SECTION 137. IC 16-42-11-5.5, AS ADDED BY P.L.41-2021,
6119-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6120-JULY 1, 2024]: Sec. 5.5. The state egg board may adopt emergency
6121-rules under IC 4-22-2-37.1 IC 4-22-2 when there is a declared
6122-emergency or sudden disruption that affects the commerce of eggs.
6123-SECTION 138. IC 20-19-2-14.5, AS AMENDED BY P.L.239-2015,
6124-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6125-JULY 1, 2024]: Sec. 14.5. (a) As used in this section:
6126-(1) "college and career readiness educational standards" means
6127-Indiana standards that a high school graduate must meet to obtain
6128-the requisite knowledge and skill to transition without
6129-remediation to postsecondary education or training, and
6130-ultimately into a sustainable career; and
6131-(2) "cut scores" means the scores that define a student's
6132-performance on an assessment, including passing, failing, or
6133-falling into a performance category.
6134-(b) The state board shall adopt Indiana college and career readiness
6135-educational standards. The educational standards must do the
6136-following:
6137-(1) Meet national and international benchmarks for college and
6138-career readiness standards and be aligned with postsecondary
6139-educational expectations.
6140-(2) Use the highest standards in the United States.
6141-(3) Comply with federal standards to receive a flexibility waiver
6142-SEA 4 — CC 1 144
6143-under 20 U.S.C. 7861, as in effect on January 1, 2014.
6144-(4) Prepare Indiana students for college and career success,
6145-including the proper preparation for nationally recognized college
6146-entrance examinations such as the ACT and SAT.
6147-(5) Maintain Indiana sovereignty.
6148-(6) Provide strict safeguards to protect the confidentiality of
6149-student data.
6150-(c) The state, or the state board on behalf of the state, may not enter
6151-into or renew an agreement with any organization, entity, group, or
6152-consortium that requires the state to cede any measure of autonomy or
6153-control of education standards and assessments, including cut scores.
6154-The state board may not adopt Common Core (Common Core State
6155-Standards Initiative) or an assessment or test, except as provided in this
6156-subsection, that is produced solely by the United States government or
6157-a consortium of states. However, the state board is not prohibited from
6158-incorporating as part of Indiana's statewide assessments any
6159-assessment, part of an assessment, or series of questions if the
6160-assessment, part of an assessment, or series of questions is aligned to
6161-Indiana's academic standards.
6162-(d) The state board may adopt emergency rules in the manner
6163-provided in IC 4-22-2-37.1 under IC 4-22-2 to implement this section.
6164-As provided in IC 4-22-2-37.1 for an emergency rule adopted under
6165-this section to be effective after one (1) extension period, the rule must
6166-be adopted in conformity with the procedures under IC 4-22-2-24
6167-through IC 4-22-2-36.
6168-SECTION 139. IC 20-20-40-16, AS AMENDED BY P.L.227-2017,
6169-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6170-JULY 1, 2024]: Sec. 16. (a) The commission
6171-(1) shall adopt rules under IC 4-22-2 and
6172-(2) may adopt emergency rules in the manner provided under
6173-IC 4-22-2-37.1;
6174-to carry out the purposes of this chapter.
6175-(b) An emergency rule adopted under subsection (a)(2) expires on
6176-the earlier of:
6177-(1) November 15, 2018; or
6178-(2) the effective date of a rule adopted under IC 4-22-2-22.5
6179-through IC 4-22-2-36 that supersedes the emergency rule.
6180-SECTION 140. IC 20-26-11-11.5, AS AMENDED BY
6181-P.L.108-2019, SECTION 213, IS AMENDED TO READ AS
6182-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11.5. (a) The following
6183-definitions apply to this section:
6184-(1) "ADM" means average daily membership (as defined in
6185-SEA 4 — CC 1 145
6186-IC 20-18-2-2).
6187-(2) "Facility" means a secure private facility described in
6188-IC 31-9-2-115(a)(1).
6189-(3) "School corporation" means the Indiana school or charter
6190-school that is receiving state tuition support for the student at the
6191-time of the student's admission to the facility.
6192-(4) "Student" means an individual who:
6193-(A) is more than five (5) years of age and less than
6194-twenty-three (23) years of age;
6195-(B) has been admitted to a facility; and
6196-(C) was enrolled in a school corporation during the school year
6197-immediately preceding the student's admission to the facility.
6198-(b) This section applies to a student if:
6199-(1) the student is placed in a facility under the written order of a
6200-physician licensed under IC 25-22.5;
6201-(2) the written order of the physician licensed under IC 25-22.5
6202-is based on medical necessity, as determined by a physician
6203-licensed under IC 25-22.5; and
6204-(3) the student receives educational services provided by the
6205-facility.
6206-(c) A facility shall provide written notice to the school corporation
6207-not later than five (5) business days (excluding weekends and holidays)
6208-after a student described in subsection (b) is admitted to the facility.
6209-The written notice must include the following:
6210-(1) The student's name, address, and date of birth.
6211-(2) The date on which the student was admitted to the facility.
6212-(3) A copy of the physician's written order.
6213-(4) A statement that the student has opted out of attending school
6214-under IC 20-26-11-8. section 8 of this chapter.
6215-(5) A statement that the facility will provide all educational
6216-services to the student during the student's admission in the
6217-facility.
6218-(d) The school corporation shall pay the facility a daily per diem as
6219-determined under subsection (e) for the educational services provided
6220-by the facility to the student during the student's admission in the
6221-facility. The school corporation may not be required to pay for any
6222-educational services provided to the student by the facility exceeding
6223-one hundred eighty (180) instructional days or an amount exceeding
6224-the student's proportionate share of state distributions paid to the school
6225-corporation, as determined under subsection (e).
6226-(e) A school corporation shall pay to the facility an amount, prorated
6227-according to the number of instructional days for which the student
6228-SEA 4 — CC 1 146
6229-receives the educational services, equal to:
6230-(1) the student's proportionate share (as compared to the school
6231-corporation's total ADM) of basic tuition support (as determined
6232-under IC 20-43-6-3) distributions that are made to the school
6233-corporation for the school year; and
6234-(2) any special education grants received by the school
6235-corporation for the student under IC 20-43-7.
6236-Upon request of a facility, the department shall verify the amounts
6237-described in this subsection for a student admitted to the facility.
6238-(f) A school corporation responsible for making a per diem payment
6239-under this section shall pay the facility not later than sixty (60) days
6240-after receiving an invoice from the facility. The school corporation and
6241-the facility are entitled to the same remedies for disagreements over
6242-amounts or nonpayment of an amount due as are provided under the
6243-laws governing transfer tuition.
6244-(g) For each student admitted to a facility, the facility shall provide
6245-the following in accordance with rules adopted by the state board:
6246-(1) An educational opportunity, including special education and
6247-related services, that is comparable to that of a student attending
6248-a school in the school corporation.
6249-(2) A level of educational services from the facility that is
6250-comparable to that of a student attending a school in the school
6251-corporation.
6252-(3) Unless otherwise provided in a student's individualized
6253-education program (as defined in IC 20-18-2-9), educational
6254-services that include at least the following:
6255-(A) An instructional day that meets the requirements of
6256-IC 20-30-2-2.
6257-(B) A school year with at least one hundred eighty (180)
6258-student instructional days as provided under IC 20-30-2-3.
6259-(C) Educationally appropriate textbooks and other materials.
6260-(D) Educational services provided by licensed teachers.
6261-(h) The state board shall adopt a rule under IC 4-22-2 that
6262-addresses the responsibilities of the school corporation and the facility
6263-with regard to a student with an individualized education program.
6264-(i) This section does not limit a student's right to attend a school as
6265-provided in IC 20-26-11-8. section 8 of this chapter.
6266-(j) The state board shall adopt rules under IC 4-22-2 as necessary to
6267-implement this section.
6268-(k) The state board may adopt emergency rules in the manner
6269-provided in IC 4-22-2-37.1 to implement this section.
6270-SECTION 141. IC 20-26-12-1, AS AMENDED BY P.L.201-2023,
6271-SEA 4 — CC 1 147
6272-SECTION 163, IS AMENDED TO READ AS FOLLOWS
6273-[EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Except as provided in
6274-subsection (b) but notwithstanding any other law, each governing body
6275-of a school corporation and each organizer of a charter school shall
6276-purchase from a publisher, either individually or through a purchasing
6277-cooperative of school corporations, as applicable, the curricular
6278-materials selected by the proper local officials, and shall provide at no
6279-cost the curricular materials to each student enrolled in the school
6280-corporation or charter school. Curricular materials provided to a
6281-student under this section remain the property of the governing body of
6282-the school corporation or organizer of the charter school.
6283-(b) This section does not prohibit a governing body of a school
6284-corporation or an organizer of a charter school from assessing and
6285-collecting a reasonable fee for lost or significantly damaged curricular
6286-materials in accordance with rules established by the state board under
6287-subsection (c). Fees collected under this subsection must be deposited
6288-in the separate curricular materials account established under
6289-IC 20-40-22-9 for the school in which the student was enrolled at the
6290-time the fee was imposed.
6291-(c) The state board shall adopt rules under IC 4-22-2 including
6292-emergency rules in the manner provided in IC 4-22-2-37.1, to
6293-implement this section.
6294-SECTION 142. IC 20-28-2-6, AS AMENDED BY P.L.20-2017,
6295-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6296-JULY 1, 2024]: Sec. 6. (a) Subject to subsection (c) and in addition to
6297-the powers and duties set forth in this article, the state board may adopt
6298-rules under IC 4-22-2 to do the following:
6299-(1) Set standards for teacher licensing and for the administration
6300-of a professional licensing and certification process by the
6301-department.
6302-(2) Approve or disapprove teacher preparation programs.
6303-(3) Set fees to be charged in connection with teacher licensing.
6304-(4) Suspend, revoke, or reinstate teacher licenses.
6305-(5) Enter into agreements with other states to acquire reciprocal
6306-approval of teacher preparation programs.
6307-(6) Set standards for teacher licensing concerning new subjects of
6308-study.
6309-(7) Evaluate work experience and military service concerning
6310-postsecondary education and experience equivalency.
6311-(8) Perform any other action that:
6312-(A) relates to the improvement of instruction in the public
6313-schools through teacher education and professional
6314-SEA 4 — CC 1 148
6315-development through continuing education; and
6316-(B) attracts qualified candidates for teacher education from
6317-among the high school graduates of Indiana.
6318-(9) Set standards for endorsement of school psychologists as
6319-independent practice school psychologists under IC 20-28-12.
6320-(10) Before July 1, 2011, set standards for sign language
6321-interpreters who provide services to children with disabilities in
6322-an educational setting and an enforcement mechanism for the
6323-interpreter standards.
6324-(b) Notwithstanding subsection (a)(1), an individual is entitled to
6325-one (1) year of occupational experience for purposes of obtaining an
6326-occupational specialist certificate under this article for each year the
6327-individual holds a license under IC 25-8-6.
6328-(c) The state board shall adopt rules under IC 4-22-2 including
6329-emergency rules under IC 4-22-2-37.1, to establish procedures to
6330-expedite the issuance, renewal, or reinstatement under this article of a
6331-license or certificate of a person whose spouse serves on active duty (as
6332-defined in IC 25-1-12-2) and is assigned to a duty station in Indiana.
6333-SECTION 143. IC 20-29-6-6.1, AS AMENDED BY P.L.228-2017,
6334-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6335-JULY 1, 2024]: Sec. 6.1. (a) After ratification of a contract under
6336-section 6 of this chapter, a school employer shall submit the ratified
6337-collective bargaining agreement, including the compensation model
6338-developed under IC 20-28-9-1.5, to the board.
6339-(b) The board shall appoint a staff member or an ad hoc panel
6340-member to review each submitted collective bargaining agreement and
6341-to make a written recommendation concerning the collective
6342-bargaining agreement's compliance with this chapter, including a
6343-penalty for any noncompliance. The review must be completed before
6344-May 31 of the year in which the current collective bargaining
6345-agreement expires.
6346-(c) Not later than fifteen (15) days after a recommendation has been
6347-made under subsection (b), one (1) or both parties to a collective
6348-bargaining agreement may appeal to the board, in writing, the decision
6349-made in the recommendation. If the board does not receive an appeal
6350-not later than fifteen (15) days after issuing a recommendation, the
6351-recommendation becomes the final order of the board.
6352-(d) If the board receives a timely appeal, the board may make a
6353-decision on the recommendation with or without oral argument. The
6354-board may request that the parties submit briefs. The board must issue
6355-a ruling on the appeal not later than thirty (30) days after the last of the
6356-following occurs:
6357-SEA 4 — CC 1 149
6358-(1) The appeal is received.
6359-(2) Briefs are received.
6360-(3) Oral arguments are held.
6361-(e) IC 4-21.5 does not apply to a review under subsection (b) or (d).
6362-(f) If, following the review of a collective bargaining agreement, the
6363-board finds the collective bargaining agreement does not comply with
6364-this chapter, the board shall issue an order that may include one (1) or
6365-more of the following items:
6366-(1) Ordering the parties to cease and desist from all identified
6367-areas of noncompliance.
6368-(2) Preventing the parties from ratifying any subsequent collective
6369-bargaining agreements until the parties receive written approval
6370-from the board or the board's agent.
6371-(3) Requiring other action as deemed appropriate by the board as
6372-authorized by state law.
6373-(g) The board may send the board's compliance findings to other
6374-state agencies as necessary.
6375-(h) After a school employer has submitted a collective bargaining
6376-agreement under subsection (a), the school employer and an exclusive
6377-representative may not enter into a new collective bargaining
6378-agreement containing the noncompliant provision until the school
6379-employer has received either:
6380-(1) the board's order regarding the compliance of the submitted
6381-collective bargaining agreement with this chapter; or
6382-(2) other written approval from the board or an agent of the board.
6383-(i) If any provision of the collective bargaining agreement is found
6384-not to be compliant with this chapter, the provision that is found to be
6385-noncompliant with this chapter shall not affect other provisions of the
6386-collective bargaining agreement that can be given effect without the
6387-noncompliant provision, and to this end the provisions of collective
6388-bargaining agreement are severable.
6389-(j) The board
6390-(1) shall adopt rules under IC 4-22 and
6391-(2) may adopt emergency rules in the manner provided under
6392-IC 4-22-2-37.1;
6393-as necessary to implement this section.
6394-(k) An emergency rule adopted by the board under subsection (j)
6395-expires on the earliest of the following dates:
6396-(1) The expiration date stated in the emergency rule.
6397-(2) The date the emergency rule is amended or repealed by a later
6398-rule adopted under IC 4-22-2-22.5 through IC 4-22-2-36 or
6399-IC 4-22-2-37.1.
6400-SEA 4 — CC 1 150
6401-(3) One (1) year after the date the emergency rule is adopted.
6402-(l) (k) This subsection applies only to a school corporation that has
6403-a compensation plan developed under IC 20-28-9-1.5 but does not have
6404-a ratified collective bargaining agreement. A school corporation shall,
6405-not later than October 1 of the year in which the compensation plan
6406-becomes effective, submit the school corporation's compensation plan
6407-to the board.
6408-(m) (l) If a school corporation fails to timely file a compensation
6409-plan as required under subsection (l), (k), the school corporation's
6410-compensation plan is considered not in compliance with IC 20-28-9-1.5
6411-and this section unless a compliance officer of the board finds good
6412-cause shown for the delay.
6413-SECTION 144. IC 20-30-16-13, AS ADDED BY P.L.80-2017,
6414-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6415-JULY 1, 2024]: Sec. 13. The state board may adopt rules under
6416-IC 4-22-2 including emergency rules in the manner provided under
6417-IC 4-22-2-37.1, to administer this chapter.
6418-SECTION 145. IC 20-31-4.1-10, AS AMENDED BY P.L.168-2022,
6419-SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6420-JULY 1, 2024]: Sec. 10. The state board shall adopt rules under
6421-IC 4-22-2 and may adopt emergency rules under IC 4-22-2-37.1,
6422-necessary to implement this chapter.
6423-SECTION 146. IC 20-31-8-5.4, AS ADDED BY P.L.2-2014,
6424-SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6425-JULY 1, 2024]: Sec. 5.4. (a) Not later than November 15, 2013, the
6426-state board shall establish new categories or designations of school
6427-performance under the requirements of this chapter to replace 511
6428-IAC 6.2-6. The new standards of assessing school performance:
6429-(1) must be based on a measurement of individual student
6430-academic performance and growth to proficiency; and
6431-(2) may not be based on a measurement of student performance
6432-or growth compared with peers.
6433-511 IAC 6.2-6 is void on the effective date of the emergency or final
6434-rules adopted under this section.
6435-(b) After July 1, 2013, the state board
6436-(1) shall adopt rules under IC 4-22-2 and
6437-(2) may adopt emergency rules in the manner provided in
6438-IC 4-22-2-37.1;
6439-to implement this chapter.
6440-(c) An emergency rule adopted under subsection (b) expires on the
6441-earlier of:
6442-(1) November 15, 2014; or
6443-SEA 4 — CC 1 151
6444-(2) the effective date of a rule that establishes categories or
6445-designations of school improvement described in this section and
6446-supersedes the emergency rule.
6447-(d) (c) Before beginning the rulemaking process to establish new
6448-categories or designations of school improvement, the state board shall
6449-report to the general assembly the proposed new categories or
6450-designations in an electronic format under IC 5-14-6.
6451-SECTION 147. IC 20-43-10-3.5, AS AMENDED BY P.L.201-2023,
6452-SECTION 210, IS AMENDED TO READ AS FOLLOWS
6453-[EFFECTIVE JULY 1, 2024]: Sec. 3.5. (a) As used in this section,
6454-"school" means a school corporation, charter school, and a virtual
6455-charter school.
6456-(b) Subject to the requirements of this section, a school qualifies for
6457-a teacher appreciation grant as provided in this section for a state fiscal
6458-year if one (1) or more licensed teachers:
6459-(1) employed in the classroom by the school; or
6460-(2) directly providing virtual education;
6461-were rated as effective or as highly effective, using the most recently
6462-completed teacher ratings.
6463-(c) A school may not receive a teacher appreciation grant under this
6464-section unless:
6465-(1) the school has in the state fiscal year in which the teacher
6466-appreciation grants are made under this section:
6467-(A) adopted an annual policy concerning the distribution of
6468-teacher appreciation grants; and
6469-(B) submitted the policy to the department for approval; and
6470-(2) the department has approved the policy.
6471-The department shall specify the date by which a policy described in
6472-subdivision (1) must be submitted to the department.
6473-(d) The amount of a teacher appreciation grant for a qualifying
6474-school corporation or virtual charter school is equal to:
6475-(1) thirty-seven dollars and fifty-cents ($37.50); multiplied by
6476-(2) the school's current ADM.
6477-However, the grant amount for a virtual charter school may not exceed
6478-the statewide average grant amount.
6479-(e) The following apply to the distribution of teacher appreciation
6480-grants:
6481-(1) If the total amount to be distributed as teacher appreciation
6482-grants for a particular state fiscal year exceeds the amount
6483-appropriated by the general assembly for teacher appreciation
6484-grants for that state fiscal year, the total amount to be distributed
6485-as teacher appreciation grants to schools shall be proportionately
6486-SEA 4 — CC 1 152
6487-reduced so that the total reduction equals the amount of the
6488-excess. The amount of the reduction for a particular school is
6489-equal to the total amount of the excess multiplied by a fraction.
6490-The numerator of the fraction is the amount of the teacher
6491-appreciation grant that the school would have received if a
6492-reduction were not made under this section. The denominator of
6493-the fraction is the total amount that would be distributed as
6494-teacher appreciation grants to all schools if a reduction were not
6495-made under this section.
6496-(2) If the total amount to be distributed as teacher appreciation
6497-grants for a particular state fiscal year is less than the amount
6498-appropriated by the general assembly for teacher appreciation
6499-grants for that state fiscal year, the total amount to be distributed
6500-as teacher appreciation grants to schools for that particular state
6501-fiscal year shall be proportionately increased so that the total
6502-amount to be distributed equals the amount of the appropriation
6503-for that particular state fiscal year.
6504-(f) The annual teacher appreciation grant to which a school is
6505-entitled for a state fiscal year shall be distributed to the school before
6506-December 5 of that state fiscal year.
6507-(g) The following apply to a school's policy under subsection (c)
6508-concerning the distribution of teacher appreciation grants:
6509-(1) The governing body shall differentiate between a teacher rated
6510-as a highly effective teacher and a teacher rated as an effective
6511-teacher. The policy must provide that the amount of a stipend
6512-awarded to a teacher rated as a highly effective teacher must be
6513-at least twenty-five percent (25%) more than the amount of a
6514-stipend awarded to a teacher rated as an effective teacher.
6515-(2) The governing body of a school may differentiate between
6516-school buildings.
6517-(3) A stipend to an individual teacher in a particular year is not
6518-subject to collective bargaining and is in addition to the minimum
6519-salary or increases in salary set under IC 20-28-9-1.5. The
6520-governing body may provide that an amount not exceeding fifty
6521-percent (50%) of the amount of a stipend to an individual teacher
6522-in a particular state fiscal year becomes a permanent part of and
6523-increases the base salary of the teacher receiving the stipend for
6524-school years beginning after the state fiscal year in which the
6525-stipend is received. The addition to base salary is not subject to
6526-collective bargaining.
6527-(h) A teacher appreciation grant received by a school shall be
6528-allocated among and used only to pay cash stipends to all licensed
6529-SEA 4 — CC 1 153
6530-teachers employed in the classroom who are rated as effective or as
6531-highly effective and employed by the school as of December 1. A
6532-school may allocate up to twenty percent (20%) of the grant received
6533-by the school to provide a supplemental award to teachers with less
6534-than five (5) years of service who are rated as effective or as highly
6535-effective. A school may allocate up to ten percent (10%) of the grant
6536-received by the school to provide a supplemental award to teachers
6537-who serve as mentors to teachers who have less than two (2) years of
6538-service. The supplemental awards are in addition to the award made
6539-from the part of the grant that is allocated to all eligible teachers.
6540-(i) The lead school corporation or interlocal cooperative
6541-administering a cooperative or other special education program or
6542-administering a career and technical education program, including
6543-programs managed under IC 20-26-10, IC 20-35-5, IC 20-37, or
6544-IC 36-1-7, shall award teacher appreciation grant stipends to and carry
6545-out the other responsibilities of an employing school corporation under
6546-this section for the teachers in the special education program or career
6547-and technical education program.
6548-(j) A school shall distribute all stipends from a teacher appreciation
6549-grant to individual teachers within twenty (20) business days of the
6550-date the department distributes the teacher appreciation grant to the
6551-school. Any part of the teacher appreciation grant not distributed as
6552-stipends to teachers before February must be returned to the
6553-department on the earlier of the date set by the department or June 30
6554-of that state fiscal year.
6555-(k) The department, after review by the budget committee, may
6556-waive the December 5 deadline under subsection (f) to distribute an
6557-annual teacher appreciation grant to the school under this section for
6558-that state fiscal year and approve an extension of that deadline to a later
6559-date within that state fiscal year, if the department determines that a
6560-waiver and extension of the deadline are in the public interest.
6561-(l) The state board may adopt rules under IC 4-22-2 including
6562-emergency rules in the manner provided in IC 4-22-2-37.1, as
6563-necessary to implement this section.
6564-(m) This section expires June 30, 2025.
6565-SECTION 148. IC 20-49-10-13, AS ADDED BY P.L.211-2018(ss),
6566-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6567-JULY 1, 2024]: Sec. 13. (a) The state board, in consultation with the
6568-secured school safety board, may adopt
6569-(1) rules under IC 4-22-2 or
6570-(2) emergency rules under IC 4-22-2-37.1;
6571-necessary to implement this chapter.
6572-SEA 4 — CC 1 154
6573-(b) An emergency rule adopted by the state board under this section
6574-expires on the earlier of the following dates:
6575-(1) The expiration date stated in the emergency rule.
6576-(2) The date the emergency rule is amended or repealed by a later
6577-rule adopted under IC 4-22-2.
6578-SECTION 149. IC 20-51-4-4.6, AS AMENDED BY P.L.106-2016,
6579-SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6580-JULY 1, 2024]: Sec. 4.6. (a) The state board shall adopt rules under
6581-IC 4-22-2 including emergency rules adopted in the manner provided
6582-under IC 4-22-2-37.1, for the provision of special education or related
6583-services to an eligible choice scholarship student who receives an
6584-amount under section 4(a)(2) of this chapter. The rules adopted under
6585-this section shall include annual reporting requirements, monitoring,
6586-and consequences for noncompliance by an eligible school.
6587-(b) An emergency rule adopted by the state board under this section
6588-expires on the earliest of the following dates:
6589-(1) The expiration date stated in the emergency rule.
6590-(2) The date the emergency rule is amended or repealed by a later
6591-rule adopted under IC 4-22-2-22.5 through IC 4-22-2-36 or under
6592-IC 4-22-2-37.1.
6593-(3) One (1) year after the date the emergency rule is adopted.
6594-SECTION 150. IC 20-51-4-7, AS AMENDED BY P.L.108-2019,
6595-SECTION 235, IS AMENDED TO READ AS FOLLOWS
6596-[EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The department shall
6597-administer this chapter.
6598-(b) The department shall approve an application for an eligible
6599-school within fifteen (15) days after the date the school requests to
6600-participate in the choice scholarship program.
6601-(c) The department shall approve an application for a choice
6602-scholarship student within fifteen (15) days after the date the student
6603-requests to participate in the choice scholarship program.
6604-(d) Each year, at a minimum, the department shall accept
6605-applications from March 1 through September 1 for eligible schools for
6606-the upcoming school year.
6607-(e) Each year, the department shall accept applications for choice
6608-scholarship students from:
6609-(1) March 1 through September 1 for the upcoming school year;
6610-and
6611-(2) November 1 through January 15 for the spring semester of the
6612-current school year.
6613-(f) This chapter may not be construed in a manner that would
6614-impose additional requirements for approving an application for an
6615-SEA 4 — CC 1 155
6616-eligible school placed in a "null" or "no letter grade" category
6617-established under IC 20-31-8-3(b).
6618-(g) The department shall adopt rules under IC 4-22-2 to implement
6619-this chapter.
6620-(h) The department may adopt emergency rules under
6621-IC 4-22-2-37.1 to implement this chapter.
6622-SECTION 151. IC 20-52-6-1, AS ADDED BY P.L.168-2022,
6623-SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6624-JULY 1, 2024]: Sec. 1. The state board may adopt rules under
6625-IC 4-22-2 including emergency rules in the manner provided under
6626-IC 4-22-2-37.1, necessary to administer this article.
6627-SECTION 152. IC 21-9-4-7, AS AMENDED BY P.L.2-2007,
6628-SECTION 248, IS AMENDED TO READ AS FOLLOWS
6629-[EFFECTIVE JULY 1, 2024]: Sec. 7. In addition to any power granted
6630-by this article, the board has all powers necessary or convenient to
6631-carry out and effectuate the purposes and objectives of this article, the
6632-purposes and objectives of the education savings programs, and the
6633-powers delegated by law or executive order, including the following
6634-powers:
6635-(1) To develop and implement the education savings programs
6636-and, notwithstanding any provision in this article to the contrary,
6637-other services consistent with the purposes and objectives of this
6638-article, through:
6639-(A) rules or emergency rules adopted under IC 4-22-2; or
6640-(B) rules, guidelines, procedures, or policies established by the
6641-board and approved by the commission for higher education.
6642-(2) To conform the education savings programs and,
6643-notwithstanding any provision in this article to the contrary,
6644-services consistent with the purposes and objectives of this
6645-article, to the requirements of a qualified state tuition program set
6646-forth in Section 529 of the Internal Revenue Code and all
6647-applicable federal regulations, through:
6648-(A) rules or emergency rules adopted under IC 4-22-2; or
6649-(B) guidelines, procedures, or policies established by the
6650-board.
6651-(3) To retain professional services, including the following:
6652-(A) Financial advisers and managers.
6653-(B) Custodians and other fiduciaries.
6654-(C) Investment advisers and managers.
6655-(D) Accountants and auditors.
6656-(E) Consultants or other experts.
6657-(F) Actuarial services providers.
6658-SEA 4 — CC 1 156
6659-(G) Attorneys.
6660-(4) To establish minimum account deposit amounts (both initial
6661-and periodic).
6662-(5) To employ persons, if the board chooses, and as may be
6663-necessary, and to fix the terms of their employment.
6664-(6) To recommend legislation to the governor and general
6665-assembly.
6666-(7) To apply for designation as a tax exempt entity under the
6667-Internal Revenue Code.
6668-(8) To adopt such rules, bylaws, procedures, guidelines, and
6669-policies as are necessary to carry out the education savings
6670-programs and services and the authority's management and
6671-operations.
6672-(9) To sue and be sued.
6673-(10) To provide or facilitate provision of benefits and incentives
6674-for the benefit of qualified beneficiaries, account owners,
6675-contributors, or account beneficiaries as the board's resources
6676-allow or as are directed or provided for by the general assembly.
6677-(11) To conform the education savings programs to federal tax
6678-advantages or incentives, as in existence periodically, to the
6679-extent consistent with the purposes and objectives of this article.
6680-(12) To interpret, in rules, policies, guidelines, and procedures,
6681-the provisions of this article broadly in light of the purposes and
6682-objectives of this article.
6683-(13) To charge, impose, and collect administrative fees and
6684-service charges in connection with any agreement, contract, or
6685-transaction under an education savings program or services.
6686-(14) To have perpetual succession.
6687-SECTION 153. IC 21-9-7-8 IS AMENDED TO READ AS
6688-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) Contributions to
6689-an account may not exceed the amount necessary to provide for the
6690-qualified higher education expenses of the account beneficiary.
6691-(b) The authority shall adopt rules or emergency rules under
6692-IC 4-22-2 to determine the maximum account balance applicable to all
6693-accounts of account beneficiaries with the same expected year of
6694-enrollment.
6695-SECTION 154. IC 21-9-7-9 IS AMENDED TO READ AS
6696-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. The authority may
6697-adopt rules or emergency rules under IC 4-22-2 to establish a penalty
6698-for a distribution that is not used exclusively for the qualified higher
6699-education expenses of an account beneficiary. However, the authority
6700-may not establish a penalty for distributions described in
6701-SEA 4 — CC 1 157
6702-IC 21-9-7-1(1). section 1(1) of this chapter.
6703-SECTION 155. IC 22-2-18.1-27, AS ADDED BY P.L.147-2020,
6704-SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6705-JULY 1, 2024]: Sec. 27. (a) The department shall adopt rules under
6706-IC 4-22-2 including emergency rules adopted in the manner provided
6707-under IC 4-22-2-37.1, to:
6708-(1) develop a schedule for the submission of the registration under
6709-section 26 of this chapter; and
6710-(2) implement this chapter.
6711-(b) The department may establish recommendations for rest breaks.
6712-SECTION 156. IC 22-4-13.3-7, AS ADDED BY P.L.183-2015,
6713-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6714-JULY 1, 2024]: Sec. 7. (a) An employer that complies with a notice
6715-described in section 3 of this chapter that is regular on its face is not
6716-liable in any civil action for any conduct taken in compliance with the
6717-notice.
6718-(b) An employer that complies with a notice described in section 3
6719-of this chapter is discharged from liability to an employee for the part
6720-of the employee's income that was withheld in compliance with the
6721-notice.
6722-(c) If a court issues an order to stay a withholding of income, the
6723-department is not liable in any civil action to an individual who is the
6724-subject of the income withholding for amounts withheld from the
6725-individual's income before the stay becomes effective.
6726-(d) Administrative income withholdings issued under this chapter
6727-are subject to the limitations set forth in IC 24-4.5-5-105. A
6728-withholding under this chapter is not an assignment of wages under
6729-IC 22-2-6.
6730-(e) The department may adopt rules under IC 4-22-2 including
6731-emergency rules in the manner provided under IC 4-22-2-37.1, to carry
6732-out the department's responsibilities under this chapter.
6733-SECTION 157. IC 22-4-14-3, AS AMENDED BY P.L.119-2020,
6734-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6735-JULY 1, 2024]: Sec. 3. (a) An individual who is receiving benefits as
6736-determined under IC 22-4-15-1(c)(8) may restrict the individual's
6737-availability because of the individual's need to address the physical,
6738-psychological, or legal effects of being a victim of domestic or family
6739-violence (as defined in IC 31-9-2-42).
6740-(b) An unemployed individual shall be eligible to receive benefits
6741-with respect to any week only if the individual:
6742-(1) is physically and mentally able to work;
6743-(2) is available for work;
6744-SEA 4 — CC 1 158
6745-(3) is found by the department to be making an effort to secure
6746-full-time work; and
6747-(4) participates in reemployment services and reemployment and
6748-eligibility assessment activities as required by section 3.2 of this
6749-chapter or when directed by the department as provided under
6750-section 3.5 of this chapter, unless the department determines that:
6751-(A) the individual has completed the reemployment services;
6752-or
6753-(B) failure by the individual to participate in or complete the
6754-reemployment services is excused by the director under
6755-IC 22-4-14-2(b).
6756-(c) For the purpose of this article, unavailability for work of an
6757-individual exists in, but is not limited to, any case in which, with
6758-respect to any week, it is found:
6759-(1) that such individual is engaged by any unit, agency, or
6760-instrumentality of the United States, in charge of public works or
6761-assistance through public employment, or any unit, agency, or
6762-instrumentality of this state, or any political subdivision thereof,
6763-in charge of any public works or assistance through public
6764-employment;
6765-(2) that such individual is in full-time active military service of
6766-the United States, or is enrolled in civilian service as a
6767-conscientious objector to military service;
6768-(3) that such individual is suspended for misconduct in
6769-connection with the individual's work; or
6770-(4) that such individual is in attendance at a regularly established
6771-public or private school during the customary hours of the
6772-individual's occupation or is in any vacation period intervening
6773-between regular school terms during which the individual is a
6774-student. However, this subdivision does not apply to any
6775-individual who is attending a regularly established school, has
6776-been regularly employed and upon becoming unemployed makes
6777-an effort to secure full-time work and is available for suitable
6778-full-time work with the individual's last employer, or is available
6779-for any other full-time employment deemed suitable.
6780-(d) Notwithstanding any other provisions in this section or
6781-IC 22-4-15-2, no otherwise eligible individual shall be denied benefits
6782-for any week because the individual is in training with the approval of
6783-the department, nor shall such individual be denied benefits with
6784-respect to any week in which the individual is in training with the
6785-approval of the department by reason of the application of the
6786-provisions of this section with respect to the availability for work or
6787-SEA 4 — CC 1 159
6788-active search for work or by reason of the application of the provisions
6789-of IC 22-4-15-2 relating to failure to apply for, or the refusal to accept,
6790-suitable work. The department shall by rule prescribe the conditions
6791-under which approval of such training will be granted.
6792-(e) Notwithstanding subsection (b), (c), or (d), or IC 22-4-15-2, an
6793-otherwise eligible individual shall not be denied benefits for any week
6794-or determined not able, available, and actively seeking work, because
6795-the individual is responding to a summons for jury service. The
6796-individual shall:
6797-(1) obtain from the court proof of the individual's jury service;
6798-and
6799-(2) provide to the department, in the manner the department
6800-prescribes by rule, proof of the individual's jury service.
6801-(f) If an otherwise eligible individual is unable to work or
6802-unavailable for work on any normal work day of the week, the
6803-individual shall be eligible to receive benefits with respect to such
6804-week reduced by one-third (1/3) of the individual's weekly benefit
6805-amount for each day of such inability to work or unavailability for
6806-work.
6807-(g) An individual has made an effort to secure full-time work with
6808-respect to any week in which the individual has:
6809-(1) completed activities directed by the department under sections
6810-3.2 and 3.5 of this chapter;
6811-(2) completed any work search activities as directed by the
6812-department under rules adopted by the department under
6813-subsection (h); and
6814-(3) affirmed the individual has made an effort to secure full-time
6815-work.
6816-(h) Not later than December 31, 2021, the department shall adopt
6817-rules under IC 4-22-2 including emergency rules adopted in the same
6818-manner provided under IC 4-22-2-37.1, to define:
6819-(1) the acceptable types of work search activities;
6820-(2) the number of work search activities required to be completed
6821-in any week;
6822-(3) the requirements for producing documentation; and
6823-(4) the requirement to apply to, and accept if offered, suitable jobs
6824-referred by the department.
6825-(i) The rules adopted by the department under subsection (h) shall:
6826-(1) take into consideration whether an individual has a reasonable
6827-assurance of reemployment and, if so, the length of the
6828-prospective period of unemployment; and
6829-(2) be consistent with the guidance provided by the United States
6830-SEA 4 — CC 1 160
6831-Department of Labor in Training and Employment Notice No.
6832-17-19, dated February 10, 2020.
6833-SECTION 158. IC 22-4.1-21-10, AS AMENDED BY P.L.178-2016,
6834-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6835-JULY 1, 2024]: Sec. 10. (a) The office for career and technical schools
6836-is established to carry out the responsibilities of the department under
6837-this chapter.
6838-(b) The department may employ and fix compensation for necessary
6839-administrative staff.
6840-(c) The department may adopt reasonable rules under IC 4-22-2
6841-including emergency rules in the manner provided under
6842-IC 4-22-2-37.1, to implement this chapter.
6843-SECTION 159. IC 22-6-6-11, AS ADDED BY P.L.2-2012,
6844-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6845-JULY 1, 2024]: Sec. 11. An individual who is employed by an
6846-employer may file a complaint that alleges a violation or threatened
6847-violation of this chapter with the attorney general, the department of
6848-labor, or the prosecuting attorney of the county in which the individual
6849-is employed. Upon receiving a complaint under this section, the
6850-attorney general, department of labor, or prosecuting attorney may:
6851-(1) investigate the complaint; and
6852-(2) enforce compliance if a violation of this chapter is found.
6853-In addition to any other remedy available under this chapter, if the
6854-department of labor determines that a violation or a threatened
6855-violation of this chapter has occurred, the department of labor may
6856-issue an administrative order providing for any of the civil remedies
6857-described in section 12 of this chapter. The department of labor may
6858-adopt rules under IC 4-22-2 including emergency rules under
6859-IC 4-22-2-37.1, to carry out its responsibilities under this chapter.
6860-SECTION 160. IC 22-8-1.1-16.1, AS AMENDED BY
6861-P.L.123-2006, SECTION 34, IS AMENDED TO READ AS
6862-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 16.1. (a) The
6863-commission may adopt emergency temporary standards under
6864-IC 4-22-2-37.1. IC 4-22-2. The emergency temporary standard shall be
6865-published in a newspaper of general circulation published in Marion
6866-County, Indiana, at least ten (10) days before the filing with the
6867-publisher of the Indiana Register. In the exercise of this power, the
6868-commission shall first expressly determine:
6869-(1) that employees are exposed to grave danger from exposure to
6870-substances or agents determined to be toxic or physically harmful
6871-or from new hazards; and
6872-(2) that such emergency temporary standard is necessary to
6873-SEA 4 — CC 1 161
6874-protect employees from such danger.
6875-(b) Temporary emergency standards shall be effective only until a
6876-permanent standard is adopted under IC 4-22-2, or for six (6) months
6877-from the date of publication, whichever period is shorter. The
6878-publication of an emergency temporary standard shall begin a
6879-proceeding in accordance with section 15 of this chapter.
6880-SECTION 161. IC 22-13-2-8, AS AMENDED BY P.L.156-2020,
6881-SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6882-JULY 1, 2024]: Sec. 8. (a) The commission shall adopt rules under
6883-IC 4-22-2 to create equipment laws applicable to regulated lifting
6884-devices.
6885-(b) The commission shall adopt rules under IC 4-22-2 to create
6886-equipment laws applicable to regulated boilers and pressure vessels.
6887-(c) The commission may adopt emergency rules under
6888-IC 4-22-2-37.1 only IC 4-22-2 to adopt by reference all or part of the
6889-following national boiler and pressure vessel codes:
6890-(1) The American Society of Mechanical Engineers Boiler and
6891-Pressure Vessel Code.
6892-(2) The National Board of Boiler and Pressure Vessel Inspectors
6893-Inspection Code.
6894-(3) The American Petroleum Institute 510 Pressure Vessel
6895-Inspection Code.
6896-(4) Any subsequent editions of the codes listed in subdivisions (1)
6897-through (3).
6898-(d) An emergency rule adopted under subsection (c) expires on the
6899-earlier of the following dates:
6900-(1) Not more than two (2) years after the emergency rule is
6901-accepted for filing with the publisher of the Indiana Register.
6902-(2) The date a permanent rule is adopted under IC 4-22-2.
6903-(e) (d) The commission shall adopt rules under IC 4-22-2 to create
6904-equipment laws applicable to regulated amusement devices.
6905-SECTION 162. IC 22-13-2-8.5, AS AMENDED BY P.L.218-2014,
6906-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6907-JULY 1, 2024]: Sec. 8.5. (a) The commission shall adopt rules under
6908-IC 4-22-2 for outdoor event equipment at outdoor performances to
6909-protect the safety of persons at the outdoor performances. The
6910-commission may:
6911-(1) exempt small assemblies of outdoor event equipment, as
6912-defined by the commission, from some or all fees or other
6913-requirements that otherwise would apply to outdoor event
6914-equipment under a rule adopted under this section or another
6915-building law; or
6916-SEA 4 — CC 1 162
6917-(2) establish alternative procedures, fees, or other requirements,
6918-or any combination, for small assemblies of outdoor event
6919-equipment, as defined by the commission.
6920-(b) The commission may adopt temporary rules in the manner
6921-provided for the adoption of emergency rules under IC 4-22-2-37.1 to
6922-carry out subsection (a), including temporary rules concerning a
6923-schedule of fees for design releases or inspections, or both. A
6924-temporary rule adopted under this subsection expires on the earliest of
6925-the following:
6926-(1) The date specified in the temporary rule.
6927-(2) The date another temporary rule adopted under this subsection
6928-or a rule adopted under IC 4-22-2 supersedes or repeals the
6929-previously adopted temporary rule.
6930-(3) January 1, 2016.
6931-(c) (b) Subject to this section, a city, town, or county that regulated
6932-outdoor event equipment before March 15, 2012, under an ordinance
6933-adopted before March 15, 2012, may, if the ordinance is in effect on
6934-March 15, 2012, continue to regulate outdoor event equipment under
6935-the ordinance after March 14, 2012, in the same manner that the city,
6936-town, or county applied the ordinance before March 15, 2012.
6937-However, a statewide code of fire safety laws or building laws
6938-governing outdoor event equipment that is adopted by the commission
6939-under this section after March 14, 2012, takes precedence over any part
6940-of a city, town, or county ordinance that is in conflict with the
6941-commission's adopted code. The ordinances to which this section
6942-applies include Chapter 536 of the Revised Code of the Consolidated
6943-City and County Indianapolis/Marion, Indiana Codified through
6944-Ordinance No. 36, 2011, passed August 15, 2011. (Supp. No. 27). A
6945-city, town, or county to which this subsection applies need not be
6946-certified or approved under IC 22-15-3-1 or another law to continue to
6947-regulate outdoor event equipment after March 14, 2012.
6948-(d) (c) This subsection applies to cities, towns, and counties
6949-described in subsection (c) (b) and any other city, town, or county that,
6950-after March 14, 2012, adopts an ordinance governing outdoor event
6951-equipment that is approved by the commission or the state building
6952-commissioner. The city, town, or county shall require compliance with:
6953-(1) the rules adopted under this section;
6954-(2) orders issued under IC 22-13-2-11 that grant a variance to the
6955-rules adopted under this section;
6956-(3) orders issued under IC 22-12-7 that apply the rules adopted
6957-under this section; and
6958-(4) a written interpretation of the rules adopted under this section
6959-SEA 4 — CC 1 163
6960-binding on the unit under IC 22-13-5-3 or IC 22-13-5-4;
6961-on both private and public property located within the boundaries of
6962-the city, town, or county, including, in the case of a consolidated city,
6963-the state fairgrounds. This subsection does not limit the authority of a
6964-unit (as defined in IC 36-1-2-23) under IC 36-7-2-9 to enforce building
6965-laws and orders and written interpretations related to building laws.
6966-SECTION 163. IC 22-13-2-11, AS AMENDED BY P.L.249-2019,
6967-SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6968-JULY 1, 2024]: Sec. 11. (a) The department or the commission may
6969-grant a variance to any rule adopted by the commission. However, the
6970-commission may grant a variance under this section only if the
6971-department places the application for the variance on the commission's
6972-agenda.
6973-(b) To qualify for a variance, an applicant must pay the fee set under
6974-IC 22-12-6-6 and file an application, on a form approved by the
6975-department, that contains facts demonstrating that:
6976-(1) compliance with the rule will impose an undue hardship upon
6977-the applicant or prevent the preservation of an architecturally
6978-significant or historically significant part of a building or other
6979-structure; and
6980-(2) either:
6981-(A) noncompliance with the rule; or
6982-(B) compliance with an alternative requirement approved by
6983-the body considering the variance application;
6984-will not be adverse to the public health, safety, or welfare.
6985-(c) A variance granted under this section is conditioned upon
6986-compliance with an alternative standard approved under subsection
6987-(b)(2)(B).
6988-(d) A variance granted under this section takes precedence over
6989-conflicting rules adopted by a state agency and conflicting ordinances
6990-and other regulations adopted by a political subdivision.
6991-(e) Variances granted by the boiler and pressure vessel rules board
6992-and the regulated amusement device safety board prior to July 1, 2019,
6993-are valid and remain in full force and effect.
6994-(f) The department shall make all variance applications available for
6995-review on a public portal.
6996-(g) Local fire and building officials shall receive notice of variance
6997-applications filed under this section within their respective
6998-jurisdictions.
6999-(h) A local fire official, local building official, or other interested
7000-party may submit documentation regarding a variance application to
7001-the department or commission for review and consideration prior to an
7002-SEA 4 — CC 1 164
7003-initial determination being made on the application by the department
7004-or the commission.
7005-(i) The department or commission shall wait at least five (5)
7006-business days after a variance application is filed before making an
7007-initial determination on the application.
7008-(j) The commission may adopt emergency rules under
7009-IC 4-22-2-37.1 IC 4-22-2 to implement this section. An emergency rule
7010-adopted under this subsection expires not later than July 1, 2021.
7011-SECTION 164. IC 22-13-2-11.5, AS AMENDED BY P.L.249-2019,
7012-SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7013-JULY 1, 2024]: Sec. 11.5. (a) As used in this section, "NFPA 72" refers
7014-to NFPA 72, National Fire Alarm and Signaling Code, 2010 Edition,
7015-published by the National Fire Protection Association, 1 Batterymarch
7016-Park, Quincy, Massachusetts 02169-7471.
7017-(b) It is the intent of the general assembly that NFPA 72, as may be
7018-amended by the commission under subsection (c), be incorporated into
7019-the Indiana Administrative Code. Not later than July 1, 2014, the
7020-commission shall adopt rules under IC 4-22-2 to amend 675
7021-IAC 28-1-28 to incorporate NFPA 72 into the Indiana Administrative
7022-Code, subject to subsection (c)(1) and (c)(2). The commission may
7023-adopt emergency rules in the manner provided under IC 4-22-2-37.1 to
7024-comply with this subsection. An emergency rule adopted by the
7025-commission under IC 4-22-2-37.1 to comply with this subsection
7026-expires on the date a rule that supersedes the emergency rule is adopted
7027-by the commission under IC 4-22-2-24 through IC 4-22-2-36.
7028-(c) In adopting rules to incorporate NFPA 72 into the Indiana
7029-Administrative Code, as required by subsection (b), the commission
7030-may amend NFPA 72 as the commission considers appropriate.
7031-However, the rules finally adopted by the commission to comply with
7032-this section must do the following:
7033-(1) Incorporate the definition of, and associated requirements for:
7034-(A) a managed facilities-based voice network (MFVN); and
7035-(B) a public switched telephone network (PSTN);
7036-as set forth in NFPA 72.
7037-(2) Allow digital alarm communicator systems that make use of
7038-a managed facilities-based voice network (MFVN) to transmit
7039-signals from a fire alarm system to an offsite monitoring facility,
7040-subject to the requirements for those systems set forth in NFPA
7041-72.
7042-(d) If the commission does not comply with subsection (b), the
7043-following apply on July 1, 2014:
7044-(1) The definition of, and associated requirements for:
7045-SEA 4 — CC 1 165
7046-(A) a managed facilities-based voice network (MFVN); and
7047-(B) a public switched telephone network (PSTN);
7048-as set forth in NFPA 72, are considered incorporated into the
7049-Indiana Administrative Code. Any provisions of 675 IAC 28-1-28
7050-(or any rules adopted by a state agency, or any ordinances or other
7051-regulations adopted by a political subdivision) that conflict with
7052-the definitions and requirements described in this subdivision are
7053-superseded by the definitions and requirements described in this
7054-subdivision. This subdivision continues to apply until the
7055-commission adopts rules that amend 675 IAC 28-1-28 to
7056-incorporate NFPA 72 into the Indiana Administrative Code and
7057-that comply with subsection (c)(1) and (c)(2).
7058-(2) A person that after June 30, 2014, installs or uses a digital
7059-alarm communicator system that:
7060-(A) makes use of a managed facilities-based voice network
7061-(MFVN) to transmit signals from a fire alarm system to an
7062-offsite monitoring facility; and
7063-(B) meets the requirements for such a system set forth in
7064-NFPA 72;
7065-is not required to obtain a variance under section 11 of this
7066-chapter for the installation or use.
7067-SECTION 165. IC 22-14-2-7, AS AMENDED BY P.L.249-2019,
7068-SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7069-JULY 1, 2024]: Sec. 7. (a) This section does not limit the powers,
7070-rights, duties, and other responsibilities of municipal or county
7071-governments or impose requirements affecting pension laws or any
7072-other laws.
7073-(b) This section does not require a member of a fire department to
7074-be certified.
7075-(c) The education board may:
7076-(1) certify firefighting training and education programs that meet
7077-the standards set by the education board;
7078-(2) certify fire department instructors who meet the qualifications
7079-set by the education board;
7080-(3) direct research in the field of firefighting and fire prevention
7081-and accept gifts and grants to direct this research;
7082-(4) recommend curricula for advanced training courses and
7083-seminars in fire science or fire engineering training to public and
7084-private postsecondary educational institutions;
7085-(5) certify fire service personnel and nonfire service personnel
7086-who meet the qualifications set by the education board;
7087-(6) require fire service personnel certified at any level to fulfill
7088-SEA 4 — CC 1 166
7089-continuing education requirements in order to maintain
7090-certification; or
7091-(7) contract or cooperate with any person and adopt rules under
7092-IC 4-22-2, including emergency rules in the manner provided
7093-under IC 4-22-2-37.1 and as authorized under IC 36-8-10.5-7, to
7094-carry out its responsibilities under this section.
7095-(d) The education board may impose a reasonable fee for the
7096-issuance of a certification described in subsection (c). The board shall
7097-deposit the fee in the fire and building services fund established by
7098-IC 22-12-6-1.
7099-SECTION 166. IC 22-14-8-10, AS ADDED BY P.L.217-2023,
7100-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7101-JULY 1, 2024]: Sec. 10. (a) The commission may adopt rules under
7102-IC 4-22-2 to implement this chapter and to specify standards for the
7103-installation and operation of utility scale battery energy storage systems
7104-consistent with:
7105-(1) this chapter; and
7106-(2) NFPA 855.
7107-(b) Rules adopted by the commission under subsection (a) must
7108-include standards for:
7109-(1) chemical spill prevention and control; and
7110-(2) appropriate setbacks from surface water resources;
7111-for the installation and expansion of utility scale battery energy storage
7112-systems, as necessary to protect soil and surface water resources from
7113-chemicals contained in or produced by utility scale battery energy
7114-storage systems. In establishing the standards described in this
7115-subsection, the commission shall consult with the department of
7116-environmental management or the department of natural resources, as
7117-appropriate.
7118-(c) In adopting rules under this section, the commission may adopt
7119-emergency rules in the manner provided by IC 4-22-2-37.1.
7120-SECTION 167. IC 22-15-6-2, AS AMENDED BY P.L.187-2021,
7121-SECTION 119, IS AMENDED TO READ AS FOLLOWS
7122-[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The department may conduct
7123-a program of inspections of regulated boilers and pressure vessels.
7124-(b) The department shall do the following:
7125-(1) Issue a regulated boiler and pressure vessel operating permit
7126-to an applicant who qualifies under this section.
7127-(2) Perform an operating permit inspection of a boiler or pressure
7128-vessel owned by the state.
7129-(3) Conduct a program to audit boiler and pressure vessel
7130-inspectors licensed under section 5 of this chapter.
7131-SEA 4 — CC 1 167
7132-(4) Conduct a program to audit inspections completed by a boiler
7133-and pressure vessel inspector licensed under section 5 of this
7134-chapter.
7135-(c) Except as provided in subsection (e), an operating permit issued
7136-under this section expires one (1) year after it is issued.
7137-(d) To qualify for an operating permit or to renew an operating
7138-permit under this section, an applicant must do the following:
7139-(1) Apply for an operating permit on a form approved by the
7140-department.
7141-(2) Demonstrate through an inspection, performed by an inspector
7142-licensed under section 5 of this chapter, that the regulated boiler
7143-or pressure vessel covered by the application complies with the
7144-rules adopted by the commission.
7145-(3) Submit a report of the inspection conducted under subdivision
7146-(2) to the department.
7147-(4) Pay the fee set under IC 22-12-6-6(a)(8).
7148-(e) The commission may, by rule adopted under IC 4-22-2, specify:
7149-(1) a period between inspections of more than one (1) year; and
7150-(2) an expiration date for an operating permit longer than one (1)
7151-year from the date of issuance.
7152-However, the commission may not set an inspection period of greater
7153-than five (5) years or issue an operating permit valid for a period of
7154-more than five (5) years for regulated pressure vessels or steam
7155-generating equipment that is an integral part of a continuous processing
7156-unit.
7157-(f) For any inspection conducted by the department under this
7158-section, the department may designate an inspector licensed under
7159-section 5 of this chapter to act as the department's agent for purposes
7160-of the inspection.
7161-(g) The commission may adopt emergency rules in the manner
7162-provided under IC 4-22-2-37.1 IC 4-22-2 to implement this chapter.
7163-An emergency rule adopted under this subsection expires on the
7164-earliest of the following dates:
7165-(1) The expiration date stated in the emergency rule.
7166-(2) The date the emergency rule is amended or repealed by a later
7167-rule adopted under IC 4-22-2-22.5 through IC 4-22-2-36 or under
7168-IC 4-22-2-37.1.
7169-(3) July 1, 2021.
7170-SECTION 168. IC 23-19-2-5, AS ADDED BY P.L.106-2014,
7171-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7172-JULY 1, 2024]: Sec. 5. The commissioner may adopt emergency rules
7173-in the manner provided under IC 4-22-2-37.1 IC 4-22-2 to implement
7174-SEA 4 — CC 1 168
7175-this chapter.
7176-SECTION 169. IC 24-4.4-1-101, AS AMENDED BY P.L.129-2020,
7177-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7178-JULY 1, 2024]: Sec. 101. (a) This article shall be known and may be
7179-cited as the First Lien Mortgage Lending Act.
7180-(b) Notwithstanding any other provision of this article or IC 24-4.5,
7181-the department may adopt emergency rules under IC 4-22-2-37.1,
7182-IC 4-22-2, to remain effective until codified in the Indiana Code, in
7183-order to provide for a system of licensing creditors and mortgage loan
7184-originators that meets the requirements of:
7185-(1) the Secure and Fair Enforcement for Mortgage Licensing Act
7186-of 2008 (H.R. 3221 Title V) and the interpretations of that Act
7187-issued by the Secretary of Housing and Urban Development and
7188-the Consumer Financial Protection Bureau; and
7189-(2) the subsequent amendment of the Secure and Fair
7190-Enforcement for Mortgage Licensing Act of 2008 by the
7191-Economic Growth, Regulatory Relief, and Consumer Protection
7192-Act (P.L. 115-174, 132 Stat. 1296).
7193-SECTION 170. IC 24-4.4-3-105, AS AMENDED BY P.L.35-2010,
7194-SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7195-JULY 1, 2024]: Sec. 105. Except as otherwise provided, IC 4-21.5-3
7196-governs any action taken by the department under this chapter or
7197-IC 24-4.4-2-401 through IC 24-4.4-2-405. IC 4-22-2 applies to the
7198-adoption of rules by the department under this article. All proceedings
7199-for administrative review under IC 4-21.5-3 or judicial review under
7200-IC 4-21.5-5 shall be held in Marion County. However, if the
7201-department determines that an emergency exists, the department may
7202-adopt any rules authorized by this article under IC 4-22-2-37.1.
7203-SECTION 171. IC 24-4.5-1-106, AS AMENDED BY P.L.85-2020,
7204-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7205-JULY 1, 2024]: Sec. 106. (1) The dollar amounts in this article
7206-designated as subject to change shall change, as provided in this
7207-section, according to the Consumer Price Index for Urban Wage
7208-Earners and Clerical Workers: U.S. City Average, All Items, 1957-59
7209-equals 100, compiled by Bureau of Labor Statistics, United States
7210-Department of Labor, and referred to in this section as the Index. The
7211-Index for October, 1971, is the Reference Base Index.
7212-(2) The dollar amounts shall change on January 1 of each
7213-odd-numbered year if the percentage of change, calculated to the
7214-nearest whole percentage point, between the Index at the end of the
7215-preceding odd-numbered year and the Reference Base Index is ten
7216-percent (10%) or more, except that:
7217-SEA 4 — CC 1 169
7218-(a) the portion of the percentage change in the Index in excess of
7219-a multiple of ten percent (10%) shall be disregarded and the
7220-dollar amounts shall change only in multiples of ten percent
7221-(10%) of the amounts on March 5, 1971;
7222-(b) the dollar amounts shall not change if the amounts required by
7223-this section are those currently in effect pursuant to this article as
7224-a result of earlier application of the section; and
7225-(c) in no event shall the dollar amounts be reduced below the
7226-amounts appearing in this article on March 5, 1971.
7227-(3) If the Index is revised after December 1967, the percentage of
7228-change shall be calculated on the basis of the revised Index. If the
7229-revision of the Index changes the Reference Base Index, a revised
7230-Reference Base Index shall be determined by multiplying the
7231-Reference Base Index by the ratio of the revised Index to the current
7232-Index, as each was for the first month in which the revised Index is
7233-available. If the Index is superseded, the Index is the one represented
7234-by the Bureau of Labor Statistics as reflecting most accurately changes
7235-in the purchasing power of the dollar for consumers.
7236-(4) The department shall issue an emergency a rule under
7237-IC 4-22-2-37.1 IC 4-22-2 announcing:
7238-(a) sixty (60) days before January 1 of each odd-numbered year
7239-in which dollar amounts are to change, the changes in dollar
7240-amounts required by subsection (2); and
7241-(b) promptly after the changes occur, changes in the Index
7242-required by subsection (3), including, when applicable, the
7243-numerical equivalent of the Reference Base Index under a revised
7244-Reference Base Index and the designation or title of any index
7245-superseding the Index.
7246-An emergency rule adopted under this subsection expires on the date
7247-the department is next required to issue a rule under this subsection.
7248-(5) A person does not violate this article through a transaction
7249-otherwise complying with this article if the person relies on dollar
7250-amounts either determined according to subsection (2) or appearing in
7251-the last rule of the department announcing the then current dollar
7252-amounts.
7253-SECTION 172. IC 24-4.5-6-107, AS AMENDED BY P.L.137-2014,
7254-SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7255-JULY 1, 2024]: Sec. 107. (1) Except as otherwise provided,
7256-IC 4-21.5-3 governs all agency action taken by the department under
7257-this chapter or IC 24-4.5-3-501 through IC 24-4.5-3-513. All
7258-proceedings for administrative review under IC 4-21.5-3 or judicial
7259-review under IC 4-21.5-5 shall be held in Marion County. The
7260-SEA 4 — CC 1 170
7261-provisions of IC 4-22-2 prescribing procedures for the adoption of rules
7262-by agencies apply to the adoption of rules by the department of
7263-financial institutions under this article. However, if the department
7264-declares an emergency in the document containing the rule, the
7265-department may adopt rules permitted by this chapter under
7266-IC 4-22-2-37.1.
7267-(2) A rule under subsection (1) adopted under IC 4-22-2-37.1
7268-expires on the date the department next adopts a rule under the statute
7269-authorizing or requiring the rule.
7270-SECTION 173. IC 24-5-26.5-13, AS ADDED BY P.L.176-2021,
7271-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7272-JULY 1, 2024]: Sec. 13. The attorney general may adopt rules under
7273-IC 4-22-2 including emergency rules in the manner provided under
7274-IC 4-22-2-37.1, to carry out this chapter. An emergency rule adopted
7275-by the attorney general under this section expires on the earlier of the
7276-following dates:
7277-(1) The expiration date in the emergency rule.
7278-(2) The date the emergency rule is amended or repealed by a later
7279-rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
7280-IC 4-22-2-37.1.
7281-SECTION 174. IC 24-6-3-16 IS AMENDED TO READ AS
7282-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 16. (a) The state
7283-department may adopt emergency rules under IC 4-22-2-37.1
7284-IC 4-22-2 to establish standards for weights and measures to be used
7285-by the state department. A standard adopted under this section must be
7286-the same as or at least as effective as the standards adopted by the
7287-National Conference on Weights and Measures, including amendments
7288-to those standards in effect on June 30, 1993, and found in:
7289-(1) Handbook 44: Specification, Tolerances, and Other Technical
7290-Requirements for Weighing and Measuring Devices;
7291-(2) Handbook 130: Chapter A, Uniform Packaging and Labeling
7292-Regulation;
7293-(3) Handbook 130: Chapter B, Uniform Regulation for the
7294-Method of Sale of Commodities, except for Section 2.20; and
7295-(4) Handbook 133: Checking the Net Contents of Packaged
7296-Goods;
7297-all published by the National Institute of Standards and Technology.
7298-(b) The state department may determine when an amendment to
7299-federal standards described in subsection (a) has been adopted. If the
7300-state department determines that an amendment to the federal standards
7301-has been adopted, the state department may adopt emergency rules
7302-under IC 4-22-2-37.1 IC 4-22-2 to amend the rules adopted by the state
7303-SEA 4 — CC 1 171
7304-department under subsection (a). An emergency A rule adopted under
7305-this subsection must provide a standard that is:
7306-(1) the same as; or
7307-(2) at least as effective as;
7308-the amendment to the federal standards for weights and measures. An
7309-emergency A rule adopted under this subsection must take effect not
7310-later than sixty (60) days after the date of publication of the amendment
7311-to the federal standards.
7312-SECTION 175. IC 24-7-7-1, AS AMENDED BY P.L.29-2022,
7313-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7314-JULY 1, 2024]: Sec. 1. (a) The department shall enforce this article. To
7315-carry out this responsibility, the department may do the following:
7316-(1) Receive and act on complaints, take action designed to obtain
7317-voluntary compliance with this article, or commence proceedings
7318-on the department's own initiative.
7319-(2) Issue and enforce administrative orders under IC 4-21.5.
7320-(3) Counsel persons and groups on their rights and duties under
7321-this article.
7322-(4) Establish programs for the education of consumers with
7323-respect to rental purchase agreement practices and problems.
7324-(5) Make studies appropriate to effectuate the purposes and
7325-policies of this article and make the results available to the public.
7326-(6) Adopt rules under IC 4-22-2 including emergency rules under
7327-IC 4-22-2-37.1, to carry out this article.
7328-(7) Maintain more than one (1) office within Indiana.
7329-(8) Bring a civil action to restrain a person from violating this
7330-article and for other appropriate relief, and exercise the same
7331-enforcement powers provided under IC 24-4.5-6-108.
7332-(9) Require a lessor to refund to the lessee any overcharges
7333-resulting from the lessor's noncompliance with:
7334-(A) the terms of a rental purchase agreement; or
7335-(B) this article, or any order or rule issued or adopted by the
7336-department under this article.
7337-(b) If the department determines, after notice and an opportunity to
7338-be heard, that a person has violated this article, or any order or rule
7339-issued or adopted by the department under this article, the department
7340-may, in addition to or instead of all other remedies available under this
7341-section, impose upon the person a civil penalty not greater than ten
7342-thousand dollars ($10,000) per violation.
7343-SECTION 176. IC 24-14-10-3, AS ADDED BY P.L.281-2019,
7344-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7345-JULY 1, 2024]: Sec. 3. The attorney general may adopt rules under
7346-SEA 4 — CC 1 172
7347-IC 4-22-2 to implement this article. including emergency rules in the
7348-manner provided by IC 4-22-2-37.1. Notwithstanding
7349-IC 4-22-2-37.1(g), an emergency rule adopted by the attorney general
7350-under this section and in the manner provided by IC 4-22-2-37.1
7351-expires on the date on which a rule that supersedes the emergency rule
7352-is adopted by the attorney general under IC 4-22-2-24 through
7353-IC 4-22-2-36.
7354-SECTION 177. IC 25-1-1.1-6, AS AMENDED BY P.L.90-2019,
7355-SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7356-JULY 1, 2024]: Sec. 6. (a) This section applies to a license or
7357-certificate under this title that is in effect on July 1, 2018, or created on
7358-or established after that date.
7359-(b) As used in this section, "crime" has the meaning set forth in
7360-IC 33-23-1-4.
7361-(c) As used in this section, "criminal history information" has the
7362-meaning set forth in IC 5-2-4-1.
7363-(d) Not later than November 1, 2018, a board, commission, or
7364-committee shall revise its licensing or certification requirements to the
7365-extent necessary to explicitly list the crimes that may disqualify an
7366-individual from receiving a license or certificate under this title. The
7367-board, commission, or committee may not:
7368-(1) use nonspecific terms, such as moral turpitude or good
7369-character, as a licensing or certification requirement; or
7370-(2) consider an arrest that does not result in a conviction.
7371-(e) A board's, commission's, or committee's use of an individual's
7372-conviction of a crime as a conviction of concern is limited to a crime
7373-directly related to the duties and responsibilities of the occupation or
7374-profession for which the individual is applying for or holds a license or
7375-certification.
7376-(f) If an individual has a conviction of concern, the period of
7377-disqualification may not exceed five (5) years after the date of the
7378-conviction, unless the individual:
7379-(1) was convicted of a crime of violence (as defined by
7380-IC 35-50-1-2(a));
7381-(2) was convicted of an offense relating to a criminal sexual act
7382-(as defined by IC 35-31.5-2-216); or
7383-(3) is convicted of a second or subsequent crime during the
7384-disqualification period.
7385-(g) An individual having a conviction of concern may at any time
7386-petition a board, commission, or committee requiring a license or
7387-certificate for a determination as to whether the individual's conviction
7388-of concern will disqualify the individual from receiving the license or
7389-SEA 4 — CC 1 173
7390-certification. An individual filing a petition under this subsection shall
7391-submit the following:
7392-(1) At no expense to the state, a national criminal background
7393-check by the Federal Bureau of Investigation.
7394-(2) Any additional information requested by the board,
7395-commission, or committee to assist the board, commission, or
7396-committee in its review of the individual's petition.
7397-(h) If an individual has a conviction of concern, the board,
7398-commission, or committee shall consider the following in determining
7399-whether to deny a license or certification to the individual based on the
7400-following factors:
7401-(1) The nature and seriousness of the crime for which the
7402-individual was convicted.
7403-(2) The passage of time since the commission of the crime.
7404-(3) The relationship of the crime to the ability, capacity, and
7405-fitness required to perform the duties and discharge the
7406-responsibilities of the occupation.
7407-(4) Evidence of rehabilitation or treatment undertaken by the
7408-individual that might mitigate against a direct relation to the
7409-ability, capacity, and fitness required to perform the duties and
7410-discharge the responsibilities of the occupation.
7411-(i) If a board, commission, or committee determines an individual's
7412-conviction of concern disqualifies the individual from receiving a
7413-license or certification solely or in part because of the individual's
7414-criminal history, the board, commission, or committee shall notify the
7415-individual in writing of the following:
7416-(1) The grounds and reasons for the denial or disqualification.
7417-(2) The individual has the right to a hearing to challenge the
7418-licensing authority's decision.
7419-(3) The earliest date the individual may reapply for a license or
7420-certification or the earliest date the individual can petition the
7421-board, commission, or committee for a review.
7422-(4) Evidence of rehabilitation may be considered upon
7423-reapplication.
7424-(5) Findings for each of the factors specified in subdivisions (1)
7425-through (4).
7426-Any written determination that an individual's criminal history contains
7427-a conviction of concern that merits the denial of a license must be
7428-documented in written findings under subdivision (1) by clear and
7429-convincing evidence sufficient for review by a court. In an
7430-administrative hearing or a civil action reviewing the denial of a
7431-license, a board, commission, or committee has the burden of proof on
7432-SEA 4 — CC 1 174
7433-the question of whether the individual's criminal history, based on the
7434-standards provided in subsection (h), should lead to the denial of a
7435-license.
7436-(j) The board, commission, or committee shall inform the individual
7437-of its determination concerning the individual's petition not later than
7438-sixty (60) days after the petition, criminal history information, and any
7439-other information requested under subsection (g) is received by the
7440-board, commission, or committee.
7441-(k) The board, commission, or committee may charge a fee
7442-established under IC 25-1-8 that does not exceed twenty-five dollars
7443-($25) to pay its costs of reviewing a petition filed under subsection (g).
7444-(l) A board, commission, or committee may adopt rules under
7445-IC 4-22-2 to implement this section. including emergency rules under
7446-IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency rule
7447-adopted by the board, commission, or committee under this section and
7448-in the manner provided by IC 4-22-2-37.1 expires on the date on which
7449-a rule that supersedes the emergency rule is adopted by the board,
7450-commission, or committee under IC 4-22-2-24 through IC 4-22-2-36.
7451-SECTION 178. IC 25-1-5.3-1, AS ADDED BY P.L.249-2023,
7452-SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7453-JULY 1, 2024]: Sec. 1. The following definitions apply throughout this
7454-chapter:
7455-(1) "Agency" has the meaning set forth in IC 25-1-5-2.
7456-(2) "Applicant" has the meaning set forth in IC 25-1-5-11.
7457-(3) "Board" has the meaning set forth in IC 25-1-5-2.
7458-(4) "Compliant", with respect to a licensure rule, means a
7459-licensure rule that the agency or a board has adopted.
7460-(5) "Enactment date" means the date on which a statute that
7461-requires rulemaking for a licensure rule to become becomes
7462-effective or otherwise requires rulemaking to commence.
7463-(6) "Executive director" refers to the individual described in
7464-IC 25-1-5-5.
7465-(7) "Licensee" has the meaning set forth in IC 25-1-5-11.
7466-(8) "Licensure rule" means a rule that:
7467-(A) relates to the issuance of a license, certificate, registration,
7468-or permit, or a requirement or prerequisite for obtaining a
7469-license, or keeping a license in good standing; and
7470-(B) is required by statute with an enactment date after January
7471-1, 2023, to be adopted by the agency or a board.
7472-(9) "Material detriment" means:
7473-(A) an inability to obtain a license, certification, permit, or
7474-other credential from the agency or a board;
7475-SEA 4 — CC 1 175
7476-(B) an inability to:
7477-(i) practice;
7478-(ii) perform a procedure; or
7479-(iii) engage in a particular professional activity in Indiana or
7480-another jurisdiction; or
7481-(C) any other substantial burden to professional or business
7482-interests.
7483-(10) "Noncompliant", with respect to a licensure rule, means a
7484-licensure rule that the agency or a board has not adopted as a
7485-permanent rule under the procedures in IC 4-22-2-23 through
7486-IC 4-22-2-36 or an interim rule under IC 4-22-2-37.2 within on
7487-or before the later of the following:
7488-(A) Six (6) months of from the enactment date.
7489-(B) The date provided in a statute that requires
7490-rulemaking for a licensure rule to become effective.
7491-SECTION 179. IC 25-1-5.3-2, AS ADDED BY P.L.249-2023,
7492-SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7493-JULY 1, 2024]: Sec. 2. (a) If a licensee or applicant believes that the
7494-agency or a board has failed to adopt a licensure rule within six (6)
7495-months of the enactment date or by the date provided in a statute
7496-that requires rulemaking for a licensure rule to become effective,
7497-whichever is later, an applicant or licensee who has suffered a
7498-material detriment as a result of a noncompliant licensure rule may
7499-seek damages from the agency or board by bringing an action in a court
7500-of competent jurisdiction.
7501-(b) A court shall not certify a class in any matter seeking damages
7502-under this section.
7503-(c) In a matter seeking damages under this section, a court may
7504-order the following:
7505-(1) An injunction requiring adoption of a compliant interim
7506-licensure rule not earlier than six (6) months from the date of the
7507-order.
7508-(2) Damages equal to the amount of the material detriment caused
7509-by the noncompliant licensure rule, including prospective
7510-damages through the date established under subdivision (1).
7511-(3) Court costs and attorney's fees.
7512-(d) IC 34-13-3 applies to an action brought under this section.
7513-SECTION 180. IC 25-1-9-23, AS AMENDED BY P.L.190-2023,
7514-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7515-JULY 1, 2024]: Sec. 23. (a) This section does not apply to emergency
7516-services.
7517-(b) As used in this section, "covered individual" means an
7518-SEA 4 — CC 1 176
7519-individual who is entitled to be provided health care services at a cost
7520-established according to a network plan.
7521-(c) As used in this section, "emergency services" means services
7522-that are:
7523-(1) furnished by a provider qualified to furnish emergency
7524-services; and
7525-(2) needed to evaluate or stabilize an emergency medical
7526-condition.
7527-(d) As used in this section, "in network practitioner" means a
7528-practitioner who is required under a network plan to provide health
7529-care services to covered individuals at not more than a preestablished
7530-rate or amount of compensation.
7531-(e) As used in this section, "network plan" means a plan under
7532-which facilities and practitioners are required by contract to provide
7533-health care services to covered individuals at not more than a
7534-preestablished rate or amount of compensation.
7535-(f) As used in this section, "out of network" means that the health
7536-care services provided by the practitioner to a covered individual are
7537-not subject to the covered individual's health carrier network plan.
7538-(g) As used in this section, "practitioner" means the following:
7539-(1) An individual who holds:
7540-(A) an unlimited license, certificate, or registration;
7541-(B) a limited or probationary license, certificate, or
7542-registration;
7543-(C) a temporary license, certificate, registration, or permit;
7544-(D) an intern permit; or
7545-(E) a provisional license;
7546-issued by the board (as defined in IC 25-0.5-11-1) regulating the
7547-profession in question.
7548-(2) An entity that:
7549-(A) is owned by, or employs; or
7550-(B) performs billing for professional health care services
7551-rendered by;
7552-an individual described in subdivision (1).
7553-The term does not include a dentist licensed under IC 25-14, an
7554-optometrist licensed under IC 25-24, or a provider facility (as defined
7555-in IC 25-1-9.8-10).
7556-(h) An in network practitioner who provides covered health care
7557-services to a covered individual may not charge more for the covered
7558-health care services than allowed according to the rate or amount of
7559-compensation established by the individual's network plan.
7560-(i) An out of network practitioner who provides health care services
7561-SEA 4 — CC 1 177
7562-at an in network facility to a covered individual may not be reimbursed
7563-more for the health care services than allowed according to the rate or
7564-amount of compensation established by the covered individual's
7565-network plan unless all of the following conditions are met:
7566-(1) At least five (5) business days before the health care services
7567-are scheduled to be provided to the covered individual, the
7568-practitioner provides to the covered individual, on a form separate
7569-from any other form provided to the covered individual by the
7570-practitioner, a statement in conspicuous type that meets the
7571-following requirements:
7572-(A) Includes a notice reading substantially as follows: "[Name
7573-of practitioner] is an out of network practitioner providing
7574-[type of care] with [name of in network facility], which is an
7575-in network provider facility within your health carrier's plan.
7576-[Name of practitioner] will not be allowed to bill you the
7577-difference between the price charged by the practitioner and
7578-the rate your health carrier will reimburse for the services
7579-during your care at [name of in network facility] unless you
7580-give your written consent to the charge.".
7581-(B) Sets forth the practitioner's good faith estimate of the
7582-amount that the practitioner intends to charge for the health
7583-care services provided to the covered individual.
7584-(C) Includes a notice reading substantially as follows
7585-concerning the good faith estimate set forth under clause (B):
7586-"The estimate of our intended charge for [name or description
7587-of health care services] set forth in this statement is provided
7588-in good faith and is our best estimate of the amount we will
7589-charge. If our actual charge for [name or description of health
7590-care services] exceeds our estimate by the greater of:
7591-(i) one hundred dollars ($100); or
7592-(ii) five percent (5%);
7593-we will explain to you why the charge exceeds the estimate.".
7594-(2) The covered individual signs the statement provided under
7595-subdivision (1), signifying the covered individual's consent to the
7596-charge for the health care services being greater than allowed
7597-according to the rate or amount of compensation established by
7598-the network plan.
7599-(j) If an out of network practitioner does not meet the requirements
7600-of subsection (i), the out of network practitioner shall include on any
7601-bill remitted to a covered individual a written statement in conspicuous
7602-type stating that the covered individual is not responsible for more than
7603-the rate or amount of compensation established by the covered
7604-SEA 4 — CC 1 178
7605-individual's network plan plus any required copayment, deductible, or
7606-coinsurance.
7607-(k) If a covered individual's network plan remits reimbursement to
7608-the covered individual for health care services subject to the
7609-reimbursement limitation of subsection (i), the network plan shall
7610-provide with the reimbursement a written statement in conspicuous
7611-type that states that the covered individual is not responsible for more
7612-than the rate or amount of compensation established by the covered
7613-individual's network plan and that is included in the reimbursement
7614-plus any required copayment, deductible, or coinsurance.
7615-(l) If the charge of a practitioner for health care services provided
7616-to a covered individual exceeds the estimate provided to the covered
7617-individual under subsection (i)(1)(B) by the greater of:
7618-(1) one hundred dollars ($100); or
7619-(2) five percent (5%);
7620-the facility or practitioner shall explain in a writing provided to the
7621-covered individual why the charge exceeds the estimate.
7622-(m) An in network practitioner is not required to provide a covered
7623-individual with the good faith estimate if the nonemergency health care
7624-service is scheduled to be performed by the practitioner within five (5)
7625-business days after the health care service is ordered.
7626-(n) The department of insurance shall adopt emergency rules under
7627-IC 4-22-2-37.1 IC 4-22-2 to specify the requirements of the
7628-notifications set forth in subsections (j) and (k).
7629-(o) The requirements of this section do not apply to a practitioner
7630-who:
7631-(1) is required to comply with; and
7632-(2) is in compliance with;
7633-45 CFR Part 149, Subparts E and G, as may be enforced and amended
7634-by the federal Department of Health and Human Services.
7635-SECTION 181. IC 25-1-9.3-9, AS AMENDED BY P.L.207-2021,
7636-SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7637-JULY 1, 2024]: Sec. 9. (a) The board shall, in consultation with the
7638-medical licensing board, adopt rules under IC 4-22-2 to implement this
7639-chapter, including:
7640-(1) a process to grant or deny waivers or renewals of waivers from
7641-the requirement to issue electronically transmitted prescriptions
7642-for controlled substances due to:
7643-(A) economic hardship;
7644-(B) technological limitations outside the control of the
7645-prescriber that are not otherwise specified in section 8 of this
7646-chapter; or
7647-SEA 4 — CC 1 179
7648-(C) other circumstances determined by the board; and
7649-(2) a list of circumstances in which issuing an electronically
7650-transmitted prescription would be impractical and cause delay
7651-that would adversely impact the user's medical condition.
7652-(b) Any rules adopted under this chapter must be substantially
7653-similar to the requirements and exceptions under:
7654-(1) 42 U.S.C. 1395w-104; and
7655-(2) any regulations adopted under 42 U.S.C. 1395w-104.
7656-(c) The board, in consultation with the medical licensing board, may
7657-adopt emergency rules in the manner provided in IC 4-22-2-37.1. A
7658-rule adopted under this section expires on the earlier of the following:
7659-(1) The date that the rule is superseded, amended, or repealed by
7660-a permanent rule adopted under IC 4-22-2.
7661-(2) July 1, 2023.
7662-(d) (c) A provision described in:
7663-(1) section 8(1) through 8(4);
7664-(2) section 8(6); and
7665-(3) section 8(7);
7666-of this chapter does not require a waiver of any rule adopted under this
7667-chapter.
7668-SECTION 182. IC 25-2.1-2-16, AS ADDED BY P.L.25-2012,
7669-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7670-JULY 1, 2024]: Sec. 16. (a) The board may adopt a rule under
7671-IC 4-22-2-37.1 IC 4-22-2 to incorporate by reference into a rule the
7672-latest statement, edition, or compilation of the professional standards
7673-governing the competent practice of accountancy that are:
7674-(1) enacted in a federal or state statute, rule, or regulation; or
7675-(2) adopted by an agent of the United States, a state, or a
7676-nationally recognized organization or association, including the
7677-AICPA, the International Accounting Standards Board, and the
7678-Public Company Accounting Oversight Board.
7679-(b) The board may, by resolution, authorize the executive director
7680-of the Indiana professional licensing agency to adopt one (1) or more
7681-rules described in subsection (a) on behalf of the board. The
7682-authorization may be limited as determined by the board. The board
7683-may revise or terminate an authorization by resolution. The executive
7684-director of the Indiana professional licensing agency shall adopt rules
7685-under IC 4-22-2-37.1 IC 4-22-2 in conformity with the resolution
7686-adopted by the board. A rule adopted on behalf of the board by the
7687-executive director must:
7688-(1) be signed by the executive director;
7689-(2) specify on the signature page that the executive director is
7690-SEA 4 — CC 1 180
7691-acting on behalf of the board; and
7692-(3) be submitted to the publisher of the Indiana Register under
7693-IC 4-22-2-37.1 IC 4-22-2 with a copy of the resolution
7694-authorizing the rulemaking.
7695-A rule adopted by the executive director in conformity with this
7696-subsection shall be treated as a rule of the board.
7697-(c) A rule described in subsection (a) or (b) expires on the later of
7698-the date:
7699-(1) specified in the rule; or
7700-(2) that another rule becomes effective that amends or repeals the
7701-previously issued rule.
7702-SECTION 183. IC 25-22.5-13-1, AS ADDED BY P.L.185-2013,
7703-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7704-JULY 1, 2024]: Sec. 1. (a) Before November 1, 2013, The board shall
7705-adopt emergency rules in the manner provided under IC 4-22-2-37.1
7706-IC 4-22-2 to establish standards and procedures to do the following:
7707-(1) Receive and review petitions from the attorney general
7708-seeking board authorization to examine a physician's records and
7709-controlled substances inventory and materials to investigate the
7710-physician's controlled substances prescribing practices.
7711-(2) Authorize, where appropriate, the attorney general to examine
7712-records, materials, and inventory relating to the physician's
7713-controlled substance prescribing practices.
7714-(3) Provide safeguards and protections for physicians against
7715-unreasonable and oppressive examination authorizations and
7716-actions taken to carry out the authorizations, including limitations
7717-on interference with regular practice operations and other
7718-appropriate due process provisions.
7719-(b) Before November 1, 2014, the board shall adopt permanent rules
7720-under IC 4-22-2 to establish permanent rules for the standards and
7721-procedures described in subsection (a).
7722-(c) An emergency rule adopted under subsection (a) remains in
7723-effect until the effective date of the permanent rules adopted under
7724-subsection (b).
7725-(d) (b) The rules adopted under this section do not abrogate or
7726-eliminate the attorney general's investigative authority under
7727-IC 4-6-3-3, IC 4-6-10-3, IC 25-1-7-4, or any other applicable statute or
7728-rule.
7729-SECTION 184. IC 25-22.5-13-4 IS REPEALED [EFFECTIVE
7730-JULY 1, 2024]. Sec. 4. A board, commission, or agency required to
7731-adopt rules under this chapter may adopt emergency rules in the
7732-manner provided under IC 4-22-2-37.1 for the same purposes.
7733-SEA 4 — CC 1 181
7734-SECTION 185. IC 25-22.5-13-8, AS AMENDED BY P.L.56-2023,
7735-SECTION 235, IS AMENDED TO READ AS FOLLOWS
7736-[EFFECTIVE JULY 1, 2024]: Sec. 8. The medical licensing board of
7737-Indiana shall, in consultation with the Indiana department of health, the
7738-office of the secretary of family and social services, and representatives
7739-of prescriber stakeholders, adopt
7740-(1) emergency rules under IC 4-22-2-37.1 before December 1,
7741-2017; and
7742-(2) rules under IC 4-22-2
7743-setting forth the conditions the board considers necessary under
7744-IC 25-1-9.7-2(b)(1)(D) to be exempted from the prescribing limitations
7745-set forth in IC 25-1-9.7-2(a).
7746-SECTION 186. IC 25-26-13-4, AS AMENDED BY P.L.5-2016,
7747-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7748-JULY 1, 2024]: Sec. 4. (a) The board may:
7749-(1) adopt rules under IC 4-22-2 for implementing and enforcing
7750-this chapter;
7751-(2) establish requirements and tests to determine the moral,
7752-physical, intellectual, educational, scientific, technical, and
7753-professional qualifications for applicants for pharmacists'
7754-licenses;
7755-(3) refuse to issue, deny, suspend, or revoke a license or permit or
7756-place on probation or fine any licensee or permittee under this
7757-chapter;
7758-(4) regulate the sale of drugs and devices in the state of Indiana;
7759-(5) impound, embargo, confiscate, or otherwise prevent from
7760-disposition any drugs, medicines, chemicals, poisons, or devices
7761-which by inspection are deemed unfit for use or would be
7762-dangerous to the health and welfare of the citizens of the state of
7763-Indiana; the board shall follow those embargo procedures found
7764-in IC 16-42-1-18 through IC 16-42-1-31, and persons may not
7765-refuse to permit or otherwise prevent members of the board or
7766-their representatives from entering such places and making such
7767-inspections;
7768-(6) prescribe minimum standards with respect to physical
7769-characteristics of pharmacies, as may be necessary to the
7770-maintenance of professional surroundings and to the protection of
7771-the safety and welfare of the public;
7772-(7) subject to IC 25-1-7, investigate complaints, subpoena
7773-witnesses, schedule and conduct hearings on behalf of the public
7774-interest on any matter under the jurisdiction of the board;
7775-(8) prescribe the time, place, method, manner, scope, and subjects
7776-SEA 4 — CC 1 182
7777-of licensing examinations which shall be given at least twice
7778-annually; and
7779-(9) perform such other duties and functions and exercise such
7780-other powers as may be necessary to implement and enforce this
7781-chapter.
7782-(b) The board shall adopt rules under IC 4-22-2 for the following:
7783-(1) Establishing standards for the competent practice of
7784-pharmacy.
7785-(2) Establishing the standards for a pharmacist to counsel
7786-individuals regarding the proper use of drugs.
7787-(3) Establishing standards and procedures before January 1, 2006,
7788-to ensure that a pharmacist:
7789-(A) has entered into a contract that accepts the return of
7790-expired drugs with; or
7791-(B) is subject to a policy that accepts the return of expired
7792-drugs of;
7793-a wholesaler, manufacturer, or agent of a wholesaler or
7794-manufacturer concerning the return by the pharmacist to the
7795-wholesaler, the manufacturer, or the agent of expired legend drugs
7796-or controlled drugs. In determining the standards and procedures,
7797-the board may not interfere with negotiated terms related to cost,
7798-expenses, or reimbursement charges contained in contracts
7799-between parties, but may consider what is a reasonable quantity
7800-of a drug to be purchased by a pharmacy. The standards and
7801-procedures do not apply to vaccines that prevent influenza,
7802-medicine used for the treatment of malignant hyperthermia, and
7803-other drugs determined by the board to not be subject to a return
7804-policy. An agent of a wholesaler or manufacturer must be
7805-appointed in writing and have policies, personnel, and facilities
7806-to handle properly returns of expired legend drugs and controlled
7807-substances.
7808-(c) The board may grant or deny a temporary variance to a rule it
7809-has adopted if:
7810-(1) the board has adopted rules which set forth the procedures and
7811-standards governing the grant or denial of a temporary variance;
7812-and
7813-(2) the board sets forth in writing the reasons for a grant or denial
7814-of a temporary variance.
7815-(d) The board shall adopt rules and procedures, in consultation with
7816-the medical licensing board, concerning the electronic transmission of
7817-prescriptions. The rules adopted under this subsection must address the
7818-following:
7819-SEA 4 — CC 1 183
7820-(1) Privacy protection for the practitioner and the practitioner's
7821-patient.
7822-(2) Security of the electronic transmission.
7823-(3) A process for approving electronic data intermediaries for the
7824-electronic transmission of prescriptions.
7825-(4) Use of a practitioner's United States Drug Enforcement
7826-Agency registration number.
7827-(5) Protection of the practitioner from identity theft or fraudulent
7828-use of the practitioner's prescribing authority.
7829-(e) The governor may direct the board to develop:
7830-(1) a prescription drug program that includes the establishment of
7831-criteria to eliminate or significantly reduce prescription fraud; and
7832-(2) a standard format for an official tamper resistant prescription
7833-drug form for prescriptions (as defined in IC 16-42-19-7(1)).
7834-The board may adopt rules under IC 4-22-2 necessary to implement
7835-this subsection.
7836-(f) The standard format for a prescription drug form described in
7837-subsection (e)(2) must include the following:
7838-(1) A counterfeit protection bar code with human readable
7839-representation of the data in the bar code.
7840-(2) A thermochromic mark on the front and the back of the
7841-prescription that:
7842-(A) is at least one-fourth (1/4) of one (1) inch in height and
7843-width; and
7844-(B) changes from blue to clear when exposed to heat.
7845-(g) The board may contract with a supplier to implement and
7846-manage the prescription drug program described in subsection (e). The
7847-supplier must:
7848-(1) have been audited by a third party auditor using the SAS 70
7849-audit or an equivalent audit for at least the three (3) previous
7850-years; and
7851-(2) be audited by a third party auditor using the SAS 70 audit or
7852-an equivalent audit throughout the duration of the contract;
7853-in order to be considered to implement and manage the program.
7854-(h) The board shall adopt rules under IC 4-22-2 or emergency rules
7855-in the manner provided under IC 4-22-2-37.1 that take effect on July 1,
7856-2016, concerning:
7857-(1) professional determinations made under IC 35-48-4-14.7(d);
7858-and
7859-(2) the determination of a relationship on record with the
7860-pharmacy under IC 35-48-4-14.7.
7861-(i) The board may:
7862-SEA 4 — CC 1 184
7863-(1) review professional determinations made by a pharmacist; and
7864-(2) take appropriate disciplinary action against a pharmacist who
7865-violates a rule adopted under subsection (h) concerning a
7866-professional determination made;
7867-under IC 35-48-4-14.7 concerning the sale of ephedrine and
7868-pseudoephedrine.
7869-SECTION 187. IC 25-26-13-4.4, AS ADDED BY P.L.202-2017,
7870-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7871-JULY 1, 2024]: Sec. 4.4. The board may adopt emergency rules a rule
7872-under IC 4-22-2-37.1 IC 4-22-2 concerning pharmacies that perform
7873-compounding.
7874-SECTION 188. IC 25-26-13-31.7, AS AMENDED BY
7875-P.L.143-2022, SECTION 63, IS AMENDED TO READ AS
7876-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 31.7. (a) Subject to
7877-rules adopted under subsection (c), a pharmacy technician may
7878-administer any immunization to an individual under a drug order or
7879-prescription, as delegated by the pharmacist.
7880-(b) Subject to rules adopted under subsection (c), a pharmacy
7881-technician may administer an immunization to an individual or a group
7882-of individuals under a drug order, under a prescription, or according to
7883-a protocol approved by a physician, as delegated by the pharmacist.
7884-(c) The board shall adopt rules under IC 4-22-2 to establish
7885-requirements applying to a pharmacy technician who administers an
7886-immunization to an individual or group of individuals. The rules
7887-adopted under this section must provide for the direct supervision of
7888-the pharmacy technician by a pharmacist, a physician, a physician
7889-assistant, or an advanced practice registered nurse. Before July 1, 2021,
7890-the board shall adopt emergency rules under IC 4-22-2-37.1 to establish
7891-the requirements described in this subsection. Notwithstanding
7892-IC 4-22-2-37.1(g), an emergency rule adopted by the board under this
7893-subsection and in the manner provided by IC 4-22-2-37.1 expires on
7894-the date on which a rule that supersedes the emergency rule is adopted
7895-by the board under IC 4-22-2-24 through IC 4-22-2-36.
7896-(d) The board must approve all programs that provide training to
7897-pharmacy technicians to administer immunizations as permitted by this
7898-section.
7899-SECTION 189. IC 25-26-14-32, AS ADDED BY P.L.180-2018,
7900-SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7901-JULY 1, 2024]: Sec. 32. (a) The board shall adopt rules under
7902-IC 4-22-2 including emergency rules adopted in the manner provided
7903-under IC 4-22-2-37.1, to establish requirements for a third party
7904-logistics license, license fees, and other relevant matters consistent with
7905-SEA 4 — CC 1 185
7906-the Drug Supply Chain Security Act (21 U.S.C. 360eee et seq.).
7907-(b) An emergency rule adopted by the board under this section
7908-expires on the date the emergency rule is amended or repealed by a
7909-later rule adopted under IC 4-22-2-22.5 through IC 4-22-2-36.
7910-SECTION 190. IC 25-26-23-2, AS ADDED BY P.L.119-2011,
7911-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7912-JULY 1, 2024]: Sec. 2. (a) The board shall adopt rules under IC 4-22-2
7913-to implement this chapter.
7914-(b) The board may adopt emergency rules under IC 4-22-2-37.1 to
7915-implement this chapter.
7916-SECTION 191. IC 25-34.1-2-5, AS AMENDED BY P.L.84-2016,
7917-SECTION 113, IS AMENDED TO READ AS FOLLOWS
7918-[EFFECTIVE JULY 1, 2024]: Sec. 5. The commission may:
7919-(1) administer and enforce the provisions of this article;
7920-(2) adopt rules in accordance with IC 4-22-2 and prescribe forms
7921-for licenses, applications, and other documents which are
7922-necessary or appropriate for the administration and enforcement
7923-of this article;
7924-(3) issue, deny, suspend, and revoke licenses in accordance with
7925-this article, which licenses shall remain the property of the
7926-commission;
7927-(4) subject to IC 25-1-7, investigate complaints concerning
7928-licensees or persons the commission has reason to believe should
7929-be licensees, including complaints respecting failure to comply
7930-with this article or the rules, and, when appropriate, take action
7931-pursuant to IC 25-34.1-6;
7932-(5) bring actions, in the name of the state of Indiana, in an
7933-appropriate circuit court, superior court, or probate court in order
7934-to enforce compliance with this article or the rules;
7935-(6) inspect the records of a licensee in accordance with rules and
7936-standards prescribed by the commission;
7937-(7) conduct, or designate a member or other representative to
7938-conduct, public hearings on any matter for which a hearing is
7939-required under this article and exercise all powers granted in
7940-IC 4-21.5;
7941-(8) adopt a seal containing the words "Indiana Real Estate
7942-Commission" and, through its executive director, certify copies
7943-and authenticate all acts of the commission;
7944-(9) utilize counsel, consultants, and other persons who are
7945-necessary or appropriate to administer and enforce this article and
7946-the rules;
7947-(10) enter into contracts and authorize expenditures that are
7948-SEA 4 — CC 1 186
7949-necessary or appropriate, subject to IC 25-1-6, to administer and
7950-enforce this article and the rules;
7951-(11) maintain the commission's office, files, records, and property
7952-in the city of Indianapolis;
7953-(12) grant, deny, suspend, and revoke approval of examinations
7954-and courses of study as provided in IC 25-34.1-5;
7955-(13) provide for the filing and approval of surety bonds which are
7956-required by IC 25-34.1-5;
7957-(14) adopt rules in accordance with IC 4-22-2 necessary for the
7958-administration of the investigative fund established under
7959-IC 25-34.1-8-7.5;
7960-(15) adopt emergency rules under IC 4-22-2-37.1 IC 4-22-2 to
7961-adopt any or all parts of Uniform Standards of Professional
7962-Appraisal Practice (USPAP), including the comments to the
7963-USPAP, as published by the Appraisal Standards Board of the
7964-Appraisal Foundation, under the authority of Title XI of the
7965-Financial Institutions Reform, Recovery, and Enforcement Act
7966-(12 U.S.C. 3331-3351);
7967-(16) exercise other specific powers conferred upon the
7968-commission by this article; and
7969-(17) adopt rules under IC 4-22-2 governing education, including
7970-prelicensing, postlicensing, and continuing education.
7971-SECTION 192. IC 25-34.1-11-15.5, AS ADDED BY P.L.15-2018,
7972-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7973-JULY 1, 2024]: Sec. 15.5. (a) This section applies to an appraisal
7974-management company that qualifies as an appraisal management
7975-company under 12 U.S.C. 3350(11).
7976-(b) As used in this section, "Appraisal Subcommittee" refers to the
7977-Appraisal Subcommittee of the Federal Financial Institutions
7978-Examination Council.
7979-(c) As used in this section, "covered transaction" has the meaning
7980-set forth in the federal interagency AMC Rule (12 CFR 34.210-34.216;
7981-12 CFR 225.190-225.196; 12 CFR 323.8-323.14; 12 CFR
7982-1222.20-1222.26).
7983-(d) As used in this section, "performed an appraisal", with respect
7984-to a real estate appraiser and an appraisal management company,
7985-means the appraisal service requested of the real estate appraiser by the
7986-appraisal management company was provided to the appraisal
7987-management company.
7988-(e) An appraisal management company to which this section applies
7989-shall pay to the board the annual AMC registry fee, as established by
7990-the Appraisal Subcommittee, as follows:
7991-SEA 4 — CC 1 187
7992-(1) In the case of an appraisal management company that has been
7993-in existence for more than one (1) year, twenty-five dollars ($25)
7994-multiplied by the number of real estate appraisers who have
7995-performed an appraisal for the appraisal management company in
7996-connection with a covered transaction in Indiana during the
7997-previous year.
7998-(2) In the case of an appraisal management company that has not
7999-been in existence for more than one (1) year, twenty-five dollars
8000-($25) multiplied by the number of real estate appraisers who have
8001-performed an appraisal for the appraisal management company in
8002-connection with a covered transaction in Indiana since the
8003-appraisal management company commenced doing business.
8004-(f) The AMC registry fee required by this section is in addition to
8005-the registration fee required by section 15 of this chapter.
8006-(g) The board shall transmit the AMC registry fees collected under
8007-this section to the Appraisal Subcommittee on an annual basis. For
8008-purposes of this subsection, the board may align a one (1) year period
8009-with any twelve (12) month period, which may or not may not be based
8010-on the calendar year. Only those appraisal management companies
8011-whose registry fees have been transmitted to the Appraisal
8012-Subcommittee will be eligible to be on the AMC Registry (as defined
8013-in 12 U.S.C. 1102.401(a)).
8014-(h) Upon recommendations of the board under IC 25-34.1-8-6.5, the
8015-commission may do the following:
8016-(1) Adopt rules under IC 4-22-2 to implement this section.
8017-(2) Amend rules adopted under this subsection as necessary to
8018-conform the annual AMC registry fee required by this section
8019-with the AMC registry fee established by the Appraisal
8020-Subcommittee.
8021-In adopting or amending a rule under this subsection, the commission
8022-may adopt emergency rules in the manner provided by IC 4-22-2-37.1.
8023-Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the
8024-commission under this subsection and in the manner provided by
8025-IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
8026-emergency rule is adopted by the commission under IC 4-22-2-24
8027-through IC 4-22-2-36.
8028-SECTION 193. IC 25-38.1-2-14.5, AS ADDED BY P.L.48-2022,
8029-SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8030-JULY 1, 2024]: Sec. 14.5. If the board determines that an emergency
8031-presents a risk to the delivery of competent, honest, and principled
8032-veterinary services in Indiana as described in IC 15-17.5-2-4, the board
8033-may adopt emergency rules in the manner provided under
8034-SEA 4 — CC 1 188
8035-IC 4-22-2-37.1 IC 4-22-2 that:
8036-(1) suspend or modify licensing, examination, continuing
8037-education, or permit requirements under this article; or
8038-(2) implement measures that safeguard the health, safety, and
8039-welfare of the citizens and animals of Indiana.
8040-SECTION 194. IC 27-1-12.1-15, AS ADDED BY P.L.115-2011,
8041-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8042-JULY 1, 2024]: Sec. 15. (a) The commissioner may adopt rules under
8043-IC 4-22-2 to implement this chapter.
8044-(b) The rules adopted under subsection (a) may specify the
8045-following concerning limited purpose subsidiaries:
8046-(1) Requirements for reserves, including actuarial certification.
8047-(2) Requirements for securities.
8048-(3) Authorized investments.
8049-(4) Requirements with respect to reinsurance ceded or assumed
8050-by the limited purpose subsidiary.
8051-(5) Requirements for dividends and distributions.
8052-(6) Requirements for operations.
8053-(7) Conditions of, forms for, and approval of the financing of a
8054-limited purpose subsidiary.
8055-(c) The commissioner may adopt emergency rules under
8056-IC 4-22-2-37.1 to implement this section if the commissioner
8057-determines that:
8058-(1) the need for a rule is so immediate and substantial that
8059-rulemaking procedures under IC 4-22-2-23 through IC 4-22-2-36
8060-are inadequate to address the need; and
8061-(2) an emergency rule is likely to address the need.
8062-SECTION 195. IC 27-1-23-7 IS AMENDED TO READ AS
8063-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. The commissioner
8064-may adopt rules under IC 4-22-2 such rules and orders as are necessary
8065-to carry out this chapter. including emergency rules under
8066-IC 4-22-2-37.1.
8067-SECTION 196. IC 27-1-45-8, AS AMENDED BY P.L.165-2022,
8068-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8069-JULY 1, 2024]: Sec. 8. (a) An out of network practitioner who provides
8070-health care services at an in network facility to a covered individual
8071-may not be reimbursed more for the health care services than allowed
8072-according to the rate or amount of compensation established by the
8073-covered individual's network plan as described in subsection (b) unless
8074-all of the following conditions are met:
8075-(1) At least five (5) business days before the health care service
8076-is scheduled to be provided to the covered individual, the facility
8077-SEA 4 — CC 1 189
8078-or practitioner provides to the covered individual, on a form
8079-separate from any other form provided to the covered individual
8080-by the facility or practitioner, a statement in conspicuous type that
8081-meets the following requirements:
8082-(A) Includes a notice reading substantially as follows: "[Name
8083-of facility or practitioner] is an out of network practitioner
8084-providing [type of care], with [name of in network facility],
8085-which is an in network provider facility within your health
8086-carrier's plan. [Name of facility or practitioner] will not be
8087-allowed to bill you the difference between the price charged
8088-for the services and the rate your health carrier will reimburse
8089-for the services during your care at [name of in network
8090-facility] unless you give your written consent to the charge.".
8091-(B) Sets forth the facility's or practitioner's good faith estimate
8092-of the established fee for the health care services provided to
8093-the covered individual.
8094-(C) Includes a notice reading substantially as follows
8095-concerning the good faith estimate set forth under clause (B):
8096-"The estimate of our intended charge for [name or description
8097-of health care services] set forth in this statement is provided
8098-in good faith and is our best estimate of the amount we will
8099-charge. If the actual charge for [name or description of health
8100-care services] exceeds our estimate by the greater of:
8101-(i) one hundred dollars ($100); or
8102-(ii) five percent (5%);
8103-we will explain to you why the charge exceeds the estimate.".
8104-(2) The covered individual signs the statement provided under
8105-subdivision (1), signifying the covered individual's consent to the
8106-charge for the health care services being greater than allowed
8107-according to the rate or amount of compensation established by
8108-the network plan.
8109-(b) If an out of network practitioner does not meet the requirements
8110-of subsection (a), the out of network practitioner shall include on any
8111-bill remitted to a covered individual a written statement in conspicuous
8112-type stating that the covered individual is not responsible for more than
8113-the rate or amount of compensation established by the covered
8114-individual's network plan plus any required copayment, deductible, or
8115-coinsurance.
8116-(c) If a covered individual's network plan remits reimbursement to
8117-the covered individual for health care services that did not meet the
8118-requirements of subsection (a), the network plan shall provide with the
8119-reimbursement a written statement in conspicuous type that states that
8120-SEA 4 — CC 1 190
8121-the covered individual is not responsible for more than the rate or
8122-amount of compensation established by the covered individual's
8123-network plan and that is included in the reimbursement plus any
8124-required copayment, deductible, or coinsurance.
8125-(d) If the charge of a facility or practitioner for health care services
8126-provided to a covered individual exceeds the estimate provided to the
8127-covered individual under subsection (a)(1)(B) by an amount greater
8128-than:
8129-(1) one hundred dollars ($100); or
8130-(2) five percent (5%);
8131-the facility or practitioner shall explain in a writing provided to the
8132-covered individual why the charge exceeds the estimate.
8133-(e) The department shall adopt emergency rules under
8134-IC 4-22-2-37.1 IC 4-22-2 to specify the requirements of the
8135-notifications set forth in:
8136-(1) subsections (b) and (c); and
8137-(2) IC 25-1-9-23(j) and IC 25-1-9-23(k).
8138-SECTION 197. IC 27-7-3-15.5, AS AMENDED BY P.L.175-2019,
8139-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8140-JULY 1, 2024]: Sec. 15.5. (a) This section applies to the following
8141-transactions:
8142-(1) A mortgage transaction (as defined in IC 24-9-3-7(a)) that:
8143-(A) is:
8144-(i) a first lien purchase money mortgage transaction; or
8145-(ii) a refinancing transaction; and
8146-(B) is closed by a closing agent after December 31, 2009.
8147-(2) A real estate transaction (as defined in IC 24-9-3-7(b)) that:
8148-(A) does not involve a mortgage transaction described in
8149-subdivision (1); and
8150-(B) is closed by a closing agent (as defined in
8151-IC 6-1.1-12-43(a)(2)) after December 31, 2011.
8152-(b) For purposes of this subsection, a person described in this
8153-subsection is involved in a transaction to which this section applies if
8154-the person participates in or assists with, or will participate in or assist
8155-with, a transaction to which this section applies. The department shall
8156-establish and maintain an electronic system for the collection and
8157-storage of the following information, to the extent applicable,
8158-concerning a transaction to which this section applies:
8159-(1) In the case of a transaction described in subsection (a)(1), the
8160-name and license number (under IC 23-2.5) of each loan broker
8161-involved in the transaction.
8162-(2) In the case of a transaction described in subsection (a)(1), the
8163-SEA 4 — CC 1 191
8164-name and license or registration number of any mortgage loan
8165-originator who is:
8166-(A) either licensed or registered under state or federal law as
8167-a mortgage loan originator consistent with the Secure and Fair
8168-Enforcement for Mortgage Licensing Act of 2008 (12 U.S.C.
8169-5101 et seq.); and
8170-(B) involved in the transaction.
8171-(3) The name and license number (under IC 25-34.1) of each:
8172-(A) broker company; and
8173-(B) broker if any;
8174-involved in the transaction.
8175-(4) The following information:
8176-(A) The:
8177-(i) name of; and
8178-(ii) code assigned by the NAIC to;
8179-each title insurance underwriter involved in the transaction.
8180-(B) The type of title insurance policy issued in connection with
8181-the transaction.
8182-(5) The name and license number (under IC 27-1-15.6) of each
8183-title insurance agency and agent involved in the transaction as a
8184-closing agent (as defined in IC 6-1.1-12-43(a)(2)).
8185-(6) The following information:
8186-(A) The name and:
8187-(i) license or certificate number (under IC 25-34.1-3-8) of
8188-each licensed or certified real estate appraiser; or
8189-(ii) license number (under IC 25-34.1) of each broker;
8190-who appraises the property that is the subject of the
8191-transaction.
8192-(B) The name and registration number (under
8193-IC 25-34.1-11-10) of any appraisal management company that
8194-performs appraisal management services (as defined in
8195-IC 25-34.1-11-3) in connection with the transaction.
8196-(7) In the case of a transaction described in subsection (a)(1), the
8197-name of the creditor and, if the creditor is required to be licensed
8198-under IC 24-4.4, the license number of the creditor.
8199-(8) In the case of a transaction described in subsection
8200-(a)(1)(A)(i) or (a)(2), the name of the seller of the property that is
8201-the subject of the transaction.
8202-(9) In the case of a transaction described in subsection
8203-(a)(1)(A)(i), the following information:
8204-(A) The name of the buyer of the property that is the subject of
8205-the transaction.
8206-SEA 4 — CC 1 192
8207-(B) The purchase price of the property that is the subject of the
8208-transaction.
8209-(C) The loan amount of the mortgage transaction.
8210-(10) In the case of a transaction described in subsection (a)(2), the
8211-following information:
8212-(A) The name of the buyer of the property that is the subject of
8213-the transaction.
8214-(B) The purchase price of the property that is the subject of the
8215-transaction.
8216-(11) In the case of a transaction described in subsection
8217-(a)(1)(A)(ii), the following information:
8218-(A) The name of the borrower in the mortgage transaction.
8219-(B) The loan amount of the refinancing.
8220-(12) The:
8221-(A) name; and
8222-(B) license number, certificate number, registration number,
8223-or other code, as appropriate;
8224-of any other person that is involved in a transaction to which this
8225-section applies, as the department may prescribe.
8226-(c) The system established by the department under this section
8227-must include a form that:
8228-(1) is uniformly accessible in an electronic format to the closing
8229-agent (as defined in IC 6-1.1-12-43(a)(2)) in the transaction; and
8230-(2) allows the closing agent to do the following:
8231-(A) Input information identifying the property that is the
8232-subject of the transaction by lot or parcel number, street
8233-address, or some other means of identification that the
8234-department determines:
8235-(i) is sufficient to identify the property; and
8236-(ii) is determinable by the closing agent.
8237-(B) Subject to subsection (d) and to the extent determinable,
8238-input the applicable information described in subsection (b).
8239-(C) Respond to the following questions, if applicable:
8240-(i) "On what date did you receive the closing instructions
8241-from the creditor in the transaction?".
8242-(ii) "On what date did the transaction close?".
8243-(D) Submit the form electronically to a data base maintained
8244-by the department.
8245-(d) Not later than the time of the closing or the date of disbursement,
8246-whichever is later, each person described in subsection (b), other than
8247-a person described in subsection (b)(8), (b)(9), (b)(10), or (b)(11), shall
8248-provide to the closing agent in the transaction the person's:
8249-SEA 4 — CC 1 193
8250-(1) legal name; and
8251-(2) license number, certificate number, registration number, or
8252-NAIC code, as appropriate;
8253-to allow the closing agent to comply with subsection (c)(2)(B). In the
8254-case of a transaction described in subsection (a)(1), the person
8255-described in subsection (b)(7) shall, with the cooperation of any person
8256-involved in the transaction and described in subsection (b)(6)(A) or
8257-(b)(6)(B), provide the information described in subsection (b)(6). In the
8258-case of a transaction described in subsection (a)(1)(A)(ii), the person
8259-described in subsection (b)(7) shall also provide the information
8260-described in subsection (b)(11). A person described in subsection
8261-(b)(3)(B) who is involved in the transaction may provide the
8262-information required by this subsection for a person described in
8263-subsection (b)(3)(A) that serves as the broker company for the person
8264-described in subsection (b)(3)(B). The closing agent shall determine
8265-the information described in subsection (b)(8), (b)(9), and (b)(10) from
8266-the HUD-1 settlement statement, or in the case of a transaction
8267-described in subsection (a)(2), from the contract or any other document
8268-executed by the parties in connection with the transaction.
8269-(e) The closing agent in a transaction to which this section applies
8270-shall submit the information described in subsection (d) to the data
8271-base described in subsection (c)(2)(D) not later than twenty (20)
8272-business days after the date of closing or the date of disbursement,
8273-whichever is later.
8274-(f) Except for a person described in subsection (b)(8), (b)(9),
8275-(b)(10), or (b)(11), a person described in subsection (b) who fails to
8276-comply with subsection (d) or (e) is subject to a civil penalty of one
8277-hundred dollars ($100) for each closing with respect to which the
8278-person fails to comply with subsection (d) or (e). The penalty:
8279-(1) may be enforced by the state agency that has administrative
8280-jurisdiction over the person in the same manner that the agency
8281-enforces the payment of fees or other penalties payable to the
8282-agency; and
8283-(2) shall be paid into the home ownership education account
8284-established by IC 5-20-1-27.
8285-(g) Subject to subsection (h), the department shall make the
8286-information stored in the data base described in subsection (c)(2)(D)
8287-accessible to:
8288-(1) each entity described in IC 4-6-12-4; and
8289-(2) the homeowner protection unit established under IC 4-6-12-2.
8290-(h) The department, a closing agent who submits a form under
8291-subsection (c), each entity described in IC 4-6-12-4, and the
8292-SEA 4 — CC 1 194
8293-homeowner protection unit established under IC 4-6-12-2 shall exercise
8294-all necessary caution to avoid disclosure of any information:
8295-(1) concerning a person described in subsection (b), including the
8296-person's license, registration, or certificate number; and
8297-(2) contained in the data base described in subsection (c)(2)(D);
8298-except to the extent required or authorized by state or federal law.
8299-(i) The department may adopt rules under IC 4-22-2 including
8300-emergency rules under IC 4-22-2-37.1, to implement this section. Rules
8301-adopted by the department under this subsection may establish
8302-procedures for the department to:
8303-(1) establish;
8304-(2) collect; and
8305-(3) change as necessary;
8306-an administrative fee to cover the department's expenses in establishing
8307-and maintaining the electronic system required by this section.
8308-(j) If the department adopts a rule under IC 4-22-2 to establish an
8309-administrative fee to cover the department's expenses in establishing
8310-and maintaining the electronic system required by this section, as
8311-allowed under subsection (i), the department may:
8312-(1) require the fee to be paid:
8313-(A) to the closing agent responsible for inputting the
8314-information and submitting the form described in subsection
8315-(c)(2); and
8316-(B) by the borrower, the seller, or the buyer in the transaction;
8317-(2) allow the closing agent described in subdivision (1)(A) to
8318-retain a part of the fee collected to cover the closing agent's costs
8319-in inputting the information and submitting the form described in
8320-subsection (c)(2); and
8321-(3) require the closing agent to pay the remainder of the fee
8322-collected to the department for deposit in the title insurance
8323-enforcement fund established by IC 27-7-3.6-1, for the
8324-department's use in establishing and maintaining the electronic
8325-system required by this section.
8326-SECTION 198. IC 27-8-6-8, AS AMENDED BY P.L.170-2022,
8327-SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8328-JULY 1, 2024]: Sec. 8. (a) As used in this section, "emergency medical
8329-services" has the meaning set forth in IC 16-18-2-110.
8330-(b) As used in this section, "emergency medical services provider
8331-organization" means a provider of emergency medical services that is
8332-certified by the Indiana emergency medical services commission as an
8333-advanced life support provider organization under rules adopted under
8334-IC 16-31-3.
8335-SEA 4 — CC 1 195
8336-(c) As used in this section, "policy of accident and sickness
8337-insurance" has the meaning set forth in IC 27-8-5-1. However, for
8338-purposes of this section, the term does not include the following:
8339-(1) Accident only, credit, dental, vision, Medicare supplement,
8340-long term care, or disability income insurance.
8341-(2) Coverage issued as a supplement to liability insurance.
8342-(3) Automobile medical payment insurance.
8343-(4) A specified disease policy.
8344-(5) A policy that provides a stipulated daily, weekly, or monthly
8345-payment to an insured without regard to the actual expense of the
8346-confinement.
8347-(6) A short term insurance plan (as defined in IC 27-8-5.9-3).
8348-(d) A policy of accident and sickness insurance that provides
8349-coverage for emergency medical services must provide reimbursement
8350-for emergency medical services that are:
8351-(1) rendered by an emergency medical services provider
8352-organization;
8353-(2) within the emergency medical services provider organization's
8354-scope of practice;
8355-(3) performed or provided as advanced life support services; and
8356-(4) performed or provided during a response initiated through the
8357-911 system regardless of whether the patient is transported.
8358-(e) Reimbursement for basic and advanced life support services
8359-through a policy to which this section applies must be provided on an
8360-equal basis regardless of whether the services involve transportation of
8361-the patient by ambulance.
8362-(f) If multiple emergency medical services provider organizations
8363-qualify and submit a claim for reimbursement under this section for an
8364-encounter, the insurer:
8365-(1) may reimburse under this section only for one (1) claim per
8366-patient encounter; and
8367-(2) shall reimburse the claim submitted by the emergency medical
8368-services provider organization that performed or provided the
8369-majority of advanced life support services for the patient.
8370-(g) The department may adopt rules under IC 4-22-2 including
8371-emergency rules under IC 4-22-2-37.1, to implement this section.
8372-(h) This section does not require a policy of accident and sickness
8373-insurance to provide coverage for emergency medical services.
8374-SECTION 199. IC 27-10-2-4.6, AS ADDED BY P.L.147-2022,
8375-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8376-JULY 1, 2024]: Sec. 4.6. The commissioner shall adopt
8377-(1) before July 1, 2022, emergency rules under IC 4-22-2-37.1;
8378-SEA 4 — CC 1 196
8379-and
8380-(2) rules under IC 4-22-2
8381-to implement section 4.5 of this chapter.
8382-SECTION 200. IC 27-13-7-27, AS AMENDED BY P.L.170-2022,
8383-SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8384-JULY 1, 2024]: Sec. 27. (a) This section applies to each of the
8385-following:
8386-(1) An individual contract.
8387-(2) A group contract.
8388-(b) As used in this section, "emergency medical services" has the
8389-meaning set forth in IC 16-18-2-110.
8390-(c) As used in this section, "emergency medical services provider
8391-organization" means a provider of emergency medical services that is
8392-certified by the Indiana emergency medical services commission as an
8393-advanced life support provider organization under rules adopted under
8394-IC 16-31-3.
8395-(d) An individual contract and a group contract that provide
8396-coverage for emergency medical services must provide reimbursement
8397-for emergency medical services that are:
8398-(1) rendered by an emergency medical services provider
8399-organization;
8400-(2) within the emergency medical services provider organization's
8401-scope of practice;
8402-(3) performed or provided as advanced life support services; and
8403-(4) performed or provided during a response initiated through the
8404-911 system regardless of whether the patient is transported.
8405-(e) Reimbursement for basic and advanced life support services
8406-through a contract to which this section applies must be provided on an
8407-equal basis regardless of whether the services involve transportation of
8408-the patient by ambulance.
8409-(f) If multiple emergency medical services provider organizations
8410-qualify and submit a claim for reimbursement under this section, the
8411-health maintenance organization:
8412-(1) may reimburse under this section only for one (1) claim per
8413-patient encounter; and
8414-(2) shall reimburse the claim submitted by the emergency medical
8415-services provider organization that performed or provided the
8416-majority of advanced life support services.
8417-(g) The department may adopt rules under IC 4-22-2 including
8418-emergency rules under IC 4-22-2-37.1, to implement this section.
8419-(h) This section does not require an individual contract or a group
8420-contract to provide coverage for emergency medical services.
8421-SEA 4 — CC 1 197
8422-SECTION 201. IC 28-1-13-7.1 IS AMENDED TO READ AS
8423-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7.1. (a) As used in this
8424-section, "federally chartered bank" means a bank that was incorporated
8425-under 12 U.S.C. 21 et seq. and is doing business in Indiana.
8426-(b) As used in this section, "rollover mortgage" means a loan that:
8427-(1) is secured by a first mortgage on real estate improved by:
8428-(A) a dwelling for one (1) to four (4) families; or
8429-(B) a combination home and business building; and
8430-(2) may be subject to rate adjustments at regularly scheduled
8431-times.
8432-(c) As used in this section, "state chartered bank" means a bank that
8433-was incorporated under the laws of Indiana and is doing business in
8434-Indiana. The term includes a savings bank organized under the laws of
8435-Indiana.
8436-(d) A state chartered bank may make, arrange, purchase, or sell
8437-loans or extensions of credit secured by liens or interests in real estate
8438-as:
8439-(1) may be so made, arranged, purchased, or sold by a federally
8440-chartered bank under a federal law or regulation; or
8441-(2) prescribed by order of the department or by a rule adopted by
8442-the department under IC 4-22-2.
8443-(e) In addition to loans authorized by subsection (d), a state
8444-chartered bank may make rollover mortgage loans. A rollover mortgage
8445-loan made by a state chartered bank is subject to the following
8446-requirements and restrictions:
8447-(1) At each scheduled adjustment time, if the loan is not then in
8448-default, the lender shall make rate adjustments available for the
8449-amount of the outstanding loan for the remaining term of the loan.
8450-(2) Any adjustment in the loan must be made without
8451-administrative charges to the borrower.
8452-(3) Scheduled adjustments of the loan must be at least one (1)
8453-year apart.
8454-(4) The lender may not charge any penalty or other assessment for
8455-the prepayment of the loan by the borrower at the time of any
8456-adjustment.
8457-(5) At each scheduled adjustment time, the lender and the
8458-borrower may agree to increase or decrease the interest rate
8459-applicable to the outstanding balance of the loan.
8460-(6) At the option of the lender, the borrower may be granted the
8461-option to extend the amortization period for purposes of
8462-calculating monthly payments on the loan in accordance with the
8463-following rules:
8464-SEA 4 — CC 1 198
8465-(A) The extension of the amortization period may equal up to
8466-one-third (1/3) of the original amortization period, irrespective
8467-of whether this extends the amortization period beyond thirty
8468-(30) years.
8469-(B) To the extent of any extension of the amortization period,
8470-the amortization period will be reduced upon a subsequent
8471-downward adjustment in the interest rate.
8472-(f) The department may adopt an emergency rule under
8473-IC 4-22-2-37.1 to implement this section.
8474-SECTION 202. IC 28-15-11-17, AS AMENDED BY P.L.140-2013,
8475-SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8476-JULY 1, 2024]: Sec. 17. (a) Any statement, disclosure, or notification
8477-required by this chapter with respect to an alternative mortgage loan
8478-may be made in the form prescribed by the primary federal regulator or
8479-its successor for a similar alternative mortgage loan made by a federal
8480-savings association.
8481-(b) In addition to the disclosures required by this chapter, the
8482-department may adopt rules under IC 4-22-2 including emergency rules
8483-under IC 4-22-2-37.1, or policies that require additional disclosures for
8484-alternative mortgage loans.
8485-SECTION 203. IC 31-25-2-21, AS AMENDED BY P.L.198-2019,
8486-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8487-JULY 1, 2024]: Sec. 21. (a) As used in this section, "transitional
8488-services plan" means a plan that provides information concerning the
8489-following to an individual described in subsection (b):
8490-(1) Education.
8491-(2) Employment.
8492-(3) Housing.
8493-(4) Health care, including information concerning the individual's
8494-eligibility and participation in the Medicaid program.
8495-(5) Development of problem solving skills.
8496-(6) Available local, state, and federal financial assistance.
8497-(b) The department shall implement a program that provides a
8498-transitional services plan to the following:
8499-(1) An individual who has become or will become:
8500-(A) eighteen (18) years of age; or
8501-(B) emancipated;
8502-while receiving foster care.
8503-(2) An individual who:
8504-(A) is at least eighteen (18) but less than twenty-one (21) years
8505-of age; and
8506-(B) is receiving collaborative care under IC 31-28-5.8.
8507-SEA 4 — CC 1 199
8508-(c) A transitional services plan for an individual described in
8509-subsection (b) shall contain a document that:
8510-(1) describes the rights of the individual with respect to:
8511-(A) education, health, visitation, and court participation;
8512-(B) the right to be provided with the individual's medical
8513-documents and any other medical information; and
8514-(C) the right to stay safe and avoid exploitation; and
8515-(2) includes a signed acknowledgment by the individual that the:
8516-(A) individual has been provided with a copy of the document
8517-described in subdivision (1); and
8518-(B) rights contained in the document have been explained to
8519-the individual in an age appropriate manner.
8520-(d) The individual's child representatives selected by the individual
8521-under IC 31-34-15-7 or IC 31-37-19-1.7 may participate in the
8522-development of a transitional services plan for the individual.
8523-(e) The department, as part of the program described in this section,
8524-in cooperation with the office of Medicaid policy and planning, shall
8525-include, as part of the transitional services plan for an individual
8526-described in subsection (b), the enrollment of the individual in the
8527-Medicaid program.
8528-(f) The department shall adopt rules under IC 4-22-2 including
8529-emergency rules under IC 4-22-2-37.1, necessary to implement the
8530-program described in this section.
8531-SECTION 204. IC 31-27-2-4, AS AMENDED BY P.L.56-2023,
8532-SECTION 301, IS AMENDED TO READ AS FOLLOWS
8533-[EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The department shall adopt
8534-rules under IC 4-22-2 including emergency rules under IC 4-22-2-37.1,
8535-concerning the licensing and inspection of:
8536-(1) child caring institutions, foster family homes, group homes,
8537-and child placing agencies after consultation with the following:
8538-(A) Indiana department of health.
8539-(B) Fire prevention and building safety commission; and
8540-(2) child caring institutions and group homes that are licensed for
8541-infants and toddlers after consultation with the division of family
8542-resources.
8543-(b) The rules adopted under subsection (a) shall be applied by the
8544-department and state fire marshal in the licensing and inspection of
8545-applicants for a license and licensees under this article.
8546-(c) The rules adopted under IC 4-22-2 must establish minimum
8547-standards for the care and treatment of children in a secure private
8548-facility.
8549-(d) The rules described in subsection (c) must include standards
8550-SEA 4 — CC 1 200
8551-governing the following:
8552-(1) Admission criteria.
8553-(2) General physical and environmental conditions.
8554-(3) Services and programs to be provided to confined children.
8555-(4) Procedures for ongoing monitoring and discharge planning.
8556-(5) Procedures for the care and control of confined persons that
8557-are necessary to ensure the health, safety, and treatment of
8558-confined children.
8559-(e) The department shall license a facility as a secure private facility
8560-if the facility:
8561-(1) meets the minimum standards required under subsection (c);
8562-(2) provides a continuum of care and services; and
8563-(3) is licensed under IC 31-27-3.
8564-(f) A waiver of the rules may not be granted for treatment and
8565-reporting requirements.
8566-SECTION 205. IC 31-27-4-2, AS AMENDED BY P.L.123-2014,
8567-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8568-JULY 1, 2024]: Sec. 2. (a) A person may not operate a therapeutic
8569-foster family home without a certificate issued under this article.
8570-(b) The state or a political subdivision of the state may not operate
8571-a therapeutic foster family home without a certificate issued under this
8572-article.
8573-(c) The department may issue a certificate only for a therapeutic
8574-foster family home that meets:
8575-(1) all the certification requirements of a foster family home; and
8576-(2) the additional requirements described in this section.
8577-(d) To receive a certificate for the operation of a therapeutic foster
8578-family home, a person must do the following:
8579-(1) Be licensed as a foster parent under this chapter and 465
8580-IAC 2-1-1 et seq.
8581-(2) Participate in preservice training that includes:
8582-(A) preservice training to be licensed as a foster parent under
8583-465 IAC 2-1-1 et seq.; and
8584-(B) additional preservice training in therapeutic foster care.
8585-(e) A person who is issued a certificate to operate a therapeutic
8586-foster family home shall, within one (1) year after meeting the training
8587-requirements of subsection (d)(2) and, annually thereafter, participate
8588-in training that includes:
8589-(1) training as required in order to be licensed as a foster parent
8590-under 465 IAC 2-1-1 et seq.; and
8591-(2) additional training in therapeutic foster care.
8592-(f) An operator of a therapeutic foster family home may not provide
8593-SEA 4 — CC 1 201
8594-supervision and care in a therapeutic foster family home to more than
8595-four (4) children at the same time, including the children for whom the
8596-applicant or operator is a relative, guardian, or custodian, and only two
8597-(2) of the children may be foster children. The department may grant
8598-an exception to this subsection whenever the placement of siblings in
8599-the same therapeutic foster family home is desirable, the foster child
8600-has an established, meaningful relationship with the therapeutic foster
8601-parent, or it is otherwise in the foster child's best interests.
8602-(g) An operator of a therapeutic foster family home that has a
8603-therapeutic foster child placed with the therapeutic foster family home
8604-may not accept a placement of a child who is not a therapeutic foster
8605-child unless the child who is not a therapeutic foster child is a sibling
8606-of the therapeutic foster child who is placed with the therapeutic foster
8607-family home or it is in the best interests of the child being placed.
8608-(h) A therapeutic foster family home may provide care for an
8609-individual receiving collaborative care under IC 31-28-5.8.
8610-(i) The department shall adopt rules under IC 4-22-2 including
8611-emergency rules under IC 4-22-2-37.1, necessary to carry out this
8612-section, including rules governing the number of hours of training
8613-required under subsections (d) and (e).
8614-(j) If a therapeutic foster family home does not meet the
8615-requirements under subsection (f) or (g) on July 1, 2011, any foster
8616-child placed in the home prior to July 1, 2011, may remain placed.
8617-However, a new placement of a child may not be made in violation of
8618-this section.
8619-SECTION 206. IC 34-55-10-2.5, AS AMENDED BY P.L.140-2013,
8620-SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8621-JULY 1, 2024]: Sec. 2.5. (a) The department of financial institutions
8622-shall adopt a rule under IC 4-22-2 establishing the amount for each
8623-exemption under section 2(c)(1) through 2(c)(3) of this chapter to take
8624-effect not earlier than January 1, 2010, and not later than March 1,
8625-2010.
8626-(b) The department of financial institutions shall adopt a rule under
8627-IC 4-22-2 establishing new amounts for each exemption under section
8628-2(c)(1) through 2(c)(3) of this chapter every six (6) years after
8629-exemption amounts are established under subsection (a). The rule
8630-establishing new exemption amounts under this subsection must take
8631-effect not earlier than January 1 and not later than March 1 of the sixth
8632-calendar year immediately following the most recent adjustments to the
8633-exemption amounts.
8634-(c) The department of financial institutions shall determine the
8635-amount of each exemption under subsections (a) and (b) based on
8636-SEA 4 — CC 1 202
8637-changes in the Consumer Price Index for All Urban Consumers,
8638-published by the United States Department of Labor, for the most
8639-recent six (6) year period.
8640-(d) The department of financial institutions shall round the amount
8641-of an exemption determined under subsections (a) and (b) to the
8642-nearest fifty dollars ($50).
8643-(e) A rule establishing amounts for exemptions under this section
8644-may not reduce an exemption amount below the exemption amount on
8645-July 1, 2005.
8646-(f) The department of financial institutions may adopt a rule under
8647-subsection (a) or subsection (b) as an emergency rule under
8648-IC 4-22-2-37.1.
8649-(g) An emergency rule adopted by the department of financial
8650-institutions under this section expires on the earlier of the following
8651-dates:
8652-(1) The expiration date stated in the emergency rule.
8653-(2) The date the emergency rule is amended or repealed by a later
8654-rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
8655-IC 4-22-2-37.1.
8656-SECTION 207. IC 35-38-2.6-6, AS AMENDED BY P.L.72-2023,
8657-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8658-JULY 1, 2024]: Sec. 6. (a) As used in this section, "home" means the
8659-actual living area of the temporary or permanent residence of a person.
8660-(b) A person confined on work release or home detention in a
8661-community corrections program receives one (1) day of accrued time
8662-for each day the person is confined on work release or home detention.
8663-(c) In addition to accrued time under subsection (b), a person who
8664-is placed on a level of supervision as part of a community corrections
8665-program under this chapter is entitled to earn good time credit under
8666-IC 35-50-6-3 and IC 35-50-6-3.1. A person placed on a level of
8667-supervision as part of a community corrections program may not earn
8668-educational credit under IC 35-50-6-3.3.
8669-(d) The department of correction shall adopt rules under IC 4-22-2
8670-and may adopt emergency rules under IC 4-22-2-37.1, concerning the
8671-deprivation of earned good time credit for a person who is placed on a
8672-level of supervision as part of a community corrections program under
8673-this chapter.
8674-(e) A person who is placed on a level of supervision as part of a
8675-community corrections program under this chapter may be deprived of
8676-earned good time credit as provided under rules adopted by the
8677-department of correction under IC 4-22-2. including IC 4-22-2-37.1.
8678-SECTION 208. IC 35-48-4-14.3, AS AMENDED BY P.L.5-2016,
8679-SEA 4 — CC 1 203
8680-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8681-JULY 1, 2024]: Sec. 14.3. (a) The board shall adopt
8682-(1) a rule under IC 4-22-2 or
8683-(2) an emergency rule in the manner provided under
8684-IC 4-22-2-37.1;
8685-to declare that a product is an extraction resistant or a conversion
8686-resistant form of ephedrine or pseudoephedrine.
8687-(b) The board, in consultation with the state police, shall find that
8688-a product is an extraction resistant or a conversion resistant form of
8689-ephedrine or pseudoephedrine if the board determines that the product
8690-does not pose a significant risk of being used in the manufacture of
8691-methamphetamine. In making its determination under this subsection,
8692-the board may receive information from the federal Drug Enforcement
8693-Administration (DEA) as to whether a product is extraction resistant or
8694-conversion resistant.
8695-SECTION 209. IC 36-8-10.5-7, AS AMENDED BY P.L.139-2023,
8696-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8697-JULY 1, 2024]: Sec. 7. (a) The education board shall adopt rules under
8698-IC 4-22-2 establishing minimum basic training requirements for
8699-full-time firefighters and volunteer firefighters, subject to subsection
8700-(b) and section 7.5 of this chapter. The requirements must include
8701-training in the following areas:
8702-(1) Orientation.
8703-(2) Personal safety.
8704-(3) Forcible entry.
8705-(4) Ventilation.
8706-(5) Apparatus.
8707-(6) Ladders.
8708-(7) Self-contained breathing apparatus.
8709-(8) Hose loads.
8710-(9) Streams.
8711-(10) Basic recognition of special hazards.
8712-(b) A person who fulfills the certification requirements for:
8713-(1) Firefighter I; or
8714-(2) Firefighter II;
8715-is considered to comply with the requirements established under
8716-subsection (a).
8717-(c) In addition to the requirements of subsections (a), (d), and (f),
8718-the minimum basic training requirements for full-time firefighters and
8719-volunteer firefighters must include successful completion of a basic or
8720-inservice course of education and training on sudden infant death
8721-syndrome that is certified by the Indiana emergency medical services
8722-SEA 4 — CC 1 204
8723-commission (created under IC 16-31-2-1) in conjunction with the state
8724-health commissioner.
8725-(d) In addition to the requirements of subsections (a), (c), and (f),
8726-the minimum basic training requirements for full-time and volunteer
8727-firefighters must include successful completion of an instruction course
8728-on vehicle emergency response driving safety. The education board
8729-shall adopt rules under IC 4-22-2 to operate this course.
8730-(e) In addition to the requirements of subsections (a), (c), (d), and
8731-(f), the minimum basic training requirements for full-time and
8732-volunteer firefighters must include successful completion of a basic or
8733-inservice course of education and training in interacting with
8734-individuals with autism that is certified by the Indiana emergency
8735-medical services commission (created under IC 16-31-2-1).
8736-(f) This subsection does not apply to volunteer firefighters. After
8737-December 31, 2024, in addition to the requirements of subsections (a),
8738-(c), (d), and (e), the minimum basic training requirement for full-time
8739-firefighters must include training, which may be completed online or
8740-by other means of virtual instruction, that addresses the mental health
8741-and wellness of firefighters, including:
8742-(1) healthy coping skills to preserve the mental health of
8743-firefighters and to manage the stress and trauma related to
8744-employment as a firefighter;
8745-(2) recognition of:
8746-(A) symptoms of posttraumatic stress disorder; and
8747-(B) signs of suicidal behavior; and
8748-(3) information on mental health resources available for
8749-firefighters.
8750-(g) The education board may adopt emergency rules in the manner
8751-provided under IC 4-22-2-37.1 IC 4-22-2 concerning the adoption of
8752-the most current edition of the following National Fire Protection
8753-Association standards, subject to amendment by the board:
8754-(1) NFPA 472.
8755-(2) NFPA 1001.
8756-(3) NFPA 1002.
8757-(4) NFPA 1003.
8758-(5) NFPA 1006.
8759-(6) NFPA 1021.
8760-(7) NFPA 1031.
8761-(8) NFPA 1033.
8762-(9) NFPA 1035.
8763-(10) NFPA 1041.
8764-(11) NFPA 1521.
8765-SEA 4 — CC 1 205
8766-(12) NFPA 1670.
8767-(h) Notwithstanding any provision in IC 4-22-2-37.1 to the contrary,
8768-an emergency rule described in subsection (g) expires on the earlier of
8769-the following dates:
8770-(1) Two (2) years after the date on which the emergency rule is
8771-accepted for filing with the publisher of the Indiana Register.
8772-(2) The date a permanent rule is adopted under this chapter.
8773-(i) At least sixty (60) days before the education board adopts an
8774-emergency rule under subsection (g), the education board shall:
8775-(1) notify the public of its intention to adopt an emergency rule by
8776-publishing a notice of intent to adopt an emergency rule in the
8777-Indiana Register; and
8778-(2) provide a period for public hearing and comment for the
8779-proposed rule.
8780-The publication notice described in subdivision (1) must include an
8781-overview of the intent and scope of the proposed emergency rule and
8782-the statutory authority for the rule.
8783-SECTION 210. An emergency is declared for this act.
8784-SEA 4 — CC 1 President of the Senate
8785-President Pro Tempore
8786-Speaker of the House of Representatives
8787-Governor of the State of Indiana
8788-Date: Time:
8789-SEA 4 — CC 1
1073+UPON PASSAGE]: Sec. 8. (a) The legislative services agency shall
1074+establish and maintain a system for making available to the public
1075+information about the amount and effectiveness of workforce related
1076+programs.
1077+(b) The legislative services agency shall develop and publish on the
1078+general assembly's Internet web site website a multiyear schedule that
1079+lists all workforce related programs and indicates the year when the
1080+report will be published for each workforce related program reviewed.
1081+The legislative services agency may revise the schedule as long as the
1082+legislative services agency provides for a systematic review, analysis,
1083+and evaluation of all workforce related programs and that each
1084+workforce related program is reviewed at least once. every five (5)
1085+years.".
1086+Renumber all SECTIONS consecutively.
1087+(Reference is to SB 4 as printed January 19, 2024.)
1088+GARTEN
1089+_____
1090+COMMITTEE REPORT
1091+Mr. Speaker: Your Committee on Ways and Means, to which was
1092+referred Senate Bill 4, has had the same under consideration and begs
1093+leave to report the same back to the House with the recommendation
1094+that said bill be amended as follows:
1095+Page 2, delete lines 1 through 34.
1096+Page 4, line 28, after "ASSEMBLY" insert ",".
1097+Page 22, delete lines 33 through 42.
1098+ES 4—LS 6953/DI 92 26
1099+Page 23, delete lines 1 through 18.
1100+Renumber all SECTIONS consecutively.
1101+and when so amended that said bill do pass.
1102+(Reference is to SB 4 as reprinted January 23, 2024.)
1103+THOMPSON
1104+Committee Vote: yeas 20, nays 0.
1105+ES 4—LS 6953/DI 92