Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 80
AN ACT to amend the Indiana Code concerning general provisions.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 9-13-2-1.6, AS ADDED BY P.L.92-2013,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1.6. "Advisory board", for purposes of IC 9-32,
has the meaning set forth in IC 9-32-2-3. IC 9-32-2.1-2.
SECTION 2. IC 9-13-2-8.5, AS AMENDED BY P.L.137-2018,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 8.5. "Automotive mobility dealer" has the
meaning set forth in IC 9-32-2-4.5. IC 9-32-2.1-4.
SECTION 3. IC 9-13-2-9, AS AMENDED BY P.L.198-2016,
SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 9. "Automotive salvage rebuilder" has the
meaning set forth in IC 9-32-2-5. IC 9-32-2.1-5.
SECTION 4. IC 9-13-2-10.5, AS ADDED BY P.L.134-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 10.5. "Average wholesale value", for purposes of
IC 9-32-11, has the meaning set forth in IC 9-32-2-5.5. IC 9-32-2.1-6.
SECTION 5. IC 9-13-2-15, AS AMENDED BY P.L.92-2013,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 15. "Broker", for purposes of IC 9-32, has the
meaning set forth in IC 9-32-2-6. IC 9-32-2.1-7.
SECTION 6. IC 9-13-2-19.5, AS AMENDED BY P.L.92-2013,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2024]: Sec. 19.5. "Charge back", for purposes of IC 9-32, has
the meaning set forth in IC 9-32-2-9. IC 9-32-2.1-8.
SECTION 7. IC 9-13-2-42, AS AMENDED BY P.L.137-2018,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 42. "Dealer" has the meaning set forth in
IC 9-32-2-9.6. IC 9-32-2.1-10.
SECTION 8. IC 9-13-2-42.3, AS ADDED BY P.L.179-2017,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 42.3. "Dealer manager", for purposes of IC 9-32,
has the meaning set forth in IC 9-32-2-9.7. IC 9-32-2.1-11.
SECTION 9. IC 9-13-2-42.5, AS ADDED BY P.L.179-2017,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 42.5. "Dealer owner", for purposes of IC 9-32, has
the meaning set forth in IC 9-32-2-9.9. IC 9-32-2.1-12.
SECTION 10. IC 9-13-2-43.3, AS ADDED BY P.L.92-2013,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 43.3. "Director", for purposes of IC 9-32, has the
meaning set forth in IC 9-32-2-10. IC 9-32-2.1-13.
SECTION 11. IC 9-13-2-45.2, AS ADDED BY P.L.151-2015,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 45.2. "Distributor representative", for purposes of
IC 9-32-11, has the meaning set forth in IC 9-32-2-10.5.
IC 9-32-2.1-15.
SECTION 12. IC 9-13-2-45.5, AS ADDED BY P.L.92-2013,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 45.5. "Division", for purposes of IC 9-32, has the
meaning set forth in IC 9-32-2-11. IC 9-32-2.1-16.
SECTION 13. IC 9-13-2-45.8, AS ADDED BY P.L.245-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 45.8. "Document preparation fee" has the meaning
set forth in IC 9-32-2-11.2. IC 9-32-2.1-17.
SECTION 14. IC 9-13-2-51, AS AMENDED BY P.L.92-2013,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 51. "Existing franchise", for purposes of IC 9-32,
has the meaning set forth in IC 9-32-2-12. IC 9-32-2.1-21.
SECTION 15. IC 9-13-2-67, AS AMENDED BY P.L.92-2013,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 67. "Franchise", for purposes of IC 9-32, has the
meaning set forth in IC 9-32-2-13. IC 9-32-2.1-22.
SECTION 16. IC 9-13-2-68, AS AMENDED BY P.L.92-2013,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 68. "Franchisee", for purposes of IC 9-32, has the
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meaning set forth in IC 9-32-2-14. IC 9-32-2.1-23.
SECTION 17. IC 9-13-2-69, AS AMENDED BY P.L.92-2013,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 69. "Franchisor", for purposes of IC 9-32, has the
meaning set forth in IC 9-32-2-15. IC 9-32-2.1-24.
SECTION 18. IC 9-13-2-90, AS AMENDED BY P.L.92-2013,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 90. "Labor rate", for purposes of IC 9-32, has the
meaning set forth in IC 9-32-2-16. IC 9-32-2.1-28.
SECTION 19. IC 9-13-2-97.6, AS ADDED BY P.L.151-2015,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 97.6. "Manufacturer representative", for purposes
of IC 9-32-11, has the meaning set forth in IC 9-32-2-18.5.
IC 9-32-2.1-31.
SECTION 20. IC 9-13-2-111.5, AS ADDED BY P.L.120-2020,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 111.5. "New motor vehicle dealer", for purposes
of IC 9-32, has the meaning set forth in IC 9-32-2-18.3.
IC 9-32-2.1-32.
SECTION 21. IC 9-13-2-124, AS AMENDED BY P.L.198-2016,
SECTION 145, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 124. "Person" means an individual,
a firm, a partnership, an association, a fiduciary, an executor or
administrator, a governmental entity, a limited liability company, a
corporation, a sole proprietorship, a trust, an estate, or another entity,
except as defined in the following sections:
(1) IC 9-20-14-0.5.
(2) IC 9-20-15-0.5.
(3) IC 9-32-2-18.6. IC 9-32-2.1-33.
SECTION 22. IC 9-13-2-151.5, AS AMENDED BY P.L.92-2013,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 151.5. "Relevant market area", for purposes of
IC 9-32, has the meaning set forth in IC 9-32-2-20. IC 9-32-2.1-35.
SECTION 23. IC 9-13-2-159.5, AS ADDED BY P.L.92-2013,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 159.5. "Sale", for purposes of IC 9-32, has the
meaning set forth in IC 9-32-2-23. IC 9-32-2.1-36.
SECTION 24. IC 9-13-2-162.5, AS ADDED BY P.L.92-2013,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 162.5. "Secretary", for purposes of IC 9-32, has
the meaning set forth in IC 9-32-2-24. IC 9-32-2.1-37.
SECTION 25. IC 9-13-2-174.3, AS ADDED BY P.L.134-2023,
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SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 174.3. "Stop sale directive", for purposes of
IC 9-32-11, has the meaning set forth in IC 9-32-2-24.8.
IC 9-32-2.1-39.
SECTION 26. IC 9-13-2-185, AS AMENDED BY P.L.92-2013,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 185. "Transfer dealer", for purposes of IC 9-32,
has the meaning set forth in IC 9-32-2-25. IC 9-32-2.1-40.
SECTION 27. IC 9-13-2-191.5, AS AMENDED BY P.L.92-2013,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 191.5. "Uniform time standards manual", for
purposes of IC 9-32, has the meaning set forth in IC 9-32-2-26.
IC 9-32-2.1-42.
SECTION 28. IC 9-13-2-194.5, AS ADDED BY P.L.120-2020,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 194.5. "Used motor vehicle", for purposes of
IC 9-32, has the meaning set forth in IC 9-32-2-26.5. IC 9-32-2.1-43.
SECTION 29. IC 9-13-2-195, AS AMENDED BY P.L.92-2013,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 195. "Used parts dealer", for purposes of IC 9-32,
has the meaning set forth in IC 9-32-2-27. IC 9-32-2.1-45.
SECTION 30. IC 9-32-2 IS REPEALED [EFFECTIVE JULY 1,
2024]. (Definitions for Dealer Services Law).
SECTION 31. IC 9-32-2.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]:
Chapter 2.1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Advisory board" refers to the motor vehicle sales
advisory board established by IC 9-32-10-1.
Sec. 3. "Automobile auction company" means a person whose
primary business consists of arranging, managing, sponsoring,
advertising, hosting, carrying out, or otherwise facilitating the
auction of more than three (3) motor vehicles or watercraft on the
basis of bids by persons acting for themselves or others, within a
twelve (12) month period. The term includes a place of business or
facilities provided by an auctioneer as part of the business of the
auctioneer for the purchase and sale of motor vehicles or
watercraft on the basis of bids by persons acting for themselves or
others. The term does not include a person acting only as an
auctioneer under IC 25-6.1-1.
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Sec. 4. "Automotive mobility dealer" means a person that:
(1) engages exclusively in the business of selling, offering to
sell, or soliciting or advertising the sale of adapted vehicles or
watercraft;
(2) possesses adapted vehicles or watercraft exclusively for the
purpose of resale, either on the automotive mobility dealer's
own account or on behalf of another as the primary or
incidental business of the automotive mobility dealer; or
(3) engages in the business of:
(A) selling, installing, or servicing;
(B) offering to sell, install, or service; or
(C) soliciting or advertising the sale, installation, or
servicing of;
equipment or modifications specifically designed to facilitate
use or operation of a vehicle or watercraft by an individual
who is disabled or aged.
The term includes a converter manufacturer (as defined by section
9 of this chapter) that engages in any of the activities set forth in
subdivisions (1), (2), and (3).
Sec. 5. "Automotive salvage rebuilder" means a person that:
(1) acquires salvage vehicles for the purpose of restoring,
reconstructing, or rebuilding the vehicles; and
(2) resells, offers to resell, or advertises for resale the vehicles
for use on the highway.
Sec. 6. "Average wholesale value" means the average trade-in
value indicated in an independent third party guide for the year,
make, model, mileage, and condition of a used motor vehicle.
Sec. 7. (a) "Broker" means a person that, for a fee, a
commission, or other valuable consideration, arranges or offers to
arrange a transaction involving the sale, for purposes other than
resale, of a new or used motor vehicle and that is not, at any point
in the transaction, the bona fide owner of the motor vehicle
involved in the transaction.
(b) The term does not include:
(1) a dealer licensed under this article or an employee of a
dealer licensed under this article acting in an employment
arrangement with the dealer, if the motor vehicle being sold
is a motor vehicle in the dealer's inventory or is subject to a
consignment agreement between the dealer and the owner of
the motor vehicle;
(2) a distributor licensed under this article, or an employee of
a distributor licensed under this article and acting in an
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employment arrangement with the distributor, if the sale
being arranged is a sale to a dealer licensed under this article;
(3) a manufacturer licensed under this article, or an employee
of a manufacturer licensed under this article and acting in an
employment arrangement with the manufacturer, if the sale
being arranged is a sale to a dealer licensed under this article;
or
(4) a lead generation or other marketing service, if:
(A) the fee for the service is not based on whether the lead
provided by the service generated a sale for the dealer; and
(B) the service does not have an active role in the
negotiation of a sale, including negotiating the price of the
motor vehicle.
Sec. 8. "Charge back" means a manufacturer induced return of
incentive payments to a manufacturer by a new motor vehicle
dealer. The term includes a manufacturer drawing funds from an
account of a new motor vehicle dealer.
Sec. 9. "Converter manufacturer" means a person that adds to,
subtracts from, or modifies a previously assembled or
manufactured motor vehicle. The term does not include a person
that manufactures recreational vehicles.
Sec. 10. "Dealer", unless otherwise provided, refers to all
persons required to be licensed by the secretary under this article,
and before July 1, 2015, a wholesale dealer.
Sec. 11. "Dealer manager" means an individual who works at
the established place of business of a dealer and who is responsible
for and is in charge of the day to day operations, including the
management, direction, and control of the dealership.
Sec. 12. "Dealer owner" means the following:
(1) For a transport operator, a licensed dealer, or an applicant
dealer, other than a manufacturer, the following:
(A) If a corporation, each officer, director, and
shareholder having a ten percent (10%) or greater
ownership interest in the corporation.
(B) If a corporation and it has no officer, director, or
shareholder having a ten percent (10%) or greater
ownership interest in the corporation, one (1) or more
officers, directors, or shareholders designated in writing by
the board of directors.
(C) If a sole proprietorship, the proprietor.
(D) If a partnership, each partner.
(E) If a limited liability company, each member of the
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company.
(2) For a licensed or applicant manufacturer, one (1) or more
officers, directors, or shareholders designated in writing by
the manufacturer.
Sec. 13. "Director" refers to the director of the dealer services
division within the office of the secretary of state who is appointed
under IC 4-5-1-12(b).
Sec. 14. "Disclose" means to engage in a practice or conduct to
make available and make known personal information contained
in an individual record about an individual to a person by any
means of communication.
Sec. 15. "Distributor representative" means a person that is
certified by the secretary to be an agent of a licensed distributor to
act on behalf of a distributor licensed under this article.
Sec. 16. "Division" refers to the dealer services division within
the office of the secretary of state established by IC 4-5-1-12(a).
Sec. 17. "Document preparation fee" means any fee charged by
a dealer concerning the sale of a motor vehicle, regardless of
designation, and that includes costs incurred by the dealer for the
preparation of documents concerning the sale of a motor vehicle.
The term does not include a fee imposed by a financial institution
for the purpose of extending credit for the purchase of a vehicle.
Sec. 18. "Electronic record" means a record created, generated,
sent, communicated, received, or stored by electronic means.
Sec. 19. "Electronic signature" means an electronic sound,
symbol, or process attached to or logically associated with an
electronic record and executed or adopted by a person with the
intent to sign the electronic record.
Sec. 20. "Established place of business" has the meaning set
forth in IC 9-13-2-50.
Sec. 21. "Existing franchise" means the franchise in effect on
the date of a franchisee's death or incapacity.
Sec. 22. "Franchise" means an oral or a written agreement for
a definite or an indefinite period in which a manufacturer or
distributor grants to a dealer a right to use a trade name, trade or
service mark, or related characteristic, and in which there is a
community of interest in the marketing of motor vehicles or related
services at retail or otherwise.
Sec. 23. "Franchisee" means a dealer to whom a franchise is
granted.
Sec. 24. "Franchisor" means a manufacturer or distributor who
grants a franchise to a dealer.
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Sec. 25. "Fraud" means:
(1) a misrepresentation of a material fact, promise,
representation, or prediction not made honestly or in good
faith; or
(2) the failure to disclose a material fact necessary in order to
make the statements made, in light of the circumstances under
which they were made, not misleading.
Sec. 26. "Highly restricted personal information" means the
following information that identifies an individual:
(1) Digital photograph or image.
(2) Social Security number.
(3) Medical or disability information.
Sec. 27. "Individual record" refers to a record created or
maintained by the division that contains personal information or
highly restricted personal information about an individual who is
the subject of the record identified in a request. The term includes
records created by a dealer related to the issuance of interim
license plates.
Sec. 28. "Labor rate" means the hourly labor rate charged by
a franchisee for service, filed periodically with the division as the
division may require, and posted prominently in the franchisee's
service department.
Sec. 29. (a) "Manufactured home dealer" means any person that
within a twelve (12) month period sells, offers to sell, or advertises
for sale, including directly by the Internet or another computer
network, at least three (3) new or used manufactured homes.
(b) The term does not include:
(1) a receiver, trustee, or other person appointed by or acting
under the judgment or order of a court; or
(2) a public officer while performing official duties.
Sec. 30. "Manufacturer of a vehicle subcomponent system"
means a manufacturer of a vehicle subcomponent system essential
to the operation of a motor vehicle. The term includes a public or
private university that is engaged in the:
(1) research;
(2) development; or
(3) manufacture;
of a vehicle subcomponent system.
Sec. 31. "Manufacturer representative" means a person that is
certified by the secretary to be an agent of a licensed manufacturer
to act on behalf of a manufacturer licensed under this article.
Sec. 32. "New motor vehicle dealer" means any person that
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within a twelve (12) month period sells, offers to sell, or advertises
for sale, including directly by the Internet or another computer
network, at least twelve (12) new motor vehicles (excluding
manufactured homes).
Sec. 33. "Person" does not include the state, an agency of the
state, or a municipal corporation.
Sec. 34. (a) "Personal information" means information that
identifies an individual, including an individual's:
(1) digital photograph or image;
(2) Social Security number;
(3) driver's license or identification document number;
(4) name;
(5) address;
(6) telephone number; or
(7) medical or disability information.
(b) The term does not include:
(1) the name of a dealer owner;
(2) the name of a representative of a:
(A) manufacturer; or
(B) distributor;
(3) the name of the zoning official who signed a dealer license
application or zoning affidavit related to a dealer license
application;
(4) the name of the lessor of a dealer's established place of
business;
(5) the name of a dealer's registered agent; or
(6) the name, address, or telephone number of the established
place of business of a:
(A) business; or
(B) dealer.
Sec. 35. "Relevant market area" means the following:
(1) With respect to a new motor vehicle dealer who plans to
relocate the dealer's place of business in a county having a
population of more than one hundred thousand (100,000), the
area within a radius of six (6) miles of the intended site of the
relocated dealer. The six (6) mile distance shall be determined
by measuring the distance between the nearest surveyed
boundary of the existing new motor vehicle dealer's principal
place of business and the nearest surveyed boundary line of
the relocated new motor vehicle dealer's place of business.
(2) With respect to a:
(A) proposed new motor vehicle dealer; or
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(B) new motor vehicle dealer who plans to relocate the
dealer's place of business in a county having a population
of not more than one hundred thousand (100,000);
the area within a radius of ten (10) miles of the intended site
of the proposed or relocated dealer. The ten (10) mile distance
shall be determined by measuring the distance between the
nearest surveyed boundary line of the existing new motor
vehicle dealer's principal place of business and the nearest
surveyed boundary line of the proposed or relocated new
motor vehicle dealer's principal place of business.
Sec. 36. "Sale" includes every contract of sale, contract to sell,
or disposition of a motor vehicle or interest in a motor vehicle for
value.
Sec. 37. "Secretary" refers to the secretary of state holding
office as set forth in IC 4-5-1-1.
Sec. 38. "Sign" or "signature" includes a manual, facsimile, or
conformed signature, or an electronic signature.
Sec. 39. "Stop sale directive" means a notification issued by a
manufacturer or distributor stating that a new or used vehicle in
inventory may not be sold or leased at retail or wholesale due to:
(1) a federal safety recall for:
(A) a defect; or
(B) a noncompliance; or
(2) a federal emissions recall.
Sec. 40. (a) "Transfer dealer" means a person that is not
engaged in the business of selling motor vehicles but, as a result of
the person's primary business, has cause to sell, offer to sell, or
advertise for sale at least twelve (12) motor vehicles during a
twelve (12) month period.
(b) The term does not include:
(1) a manufacturer;
(2) a distributor;
(3) a converter manufacturer;
(4) a watercraft dealer;
(5) an automotive mobility dealer;
(6) an automotive auction;
(7) a person engaged in the business of:
(A) storing vehicles;
(B) furnishing supplies for vehicles;
(C) providing towing services for vehicles; or
(D) repairing vehicles; or
(8) a person whose primary business is selling motor vehicles.
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Sec. 41. "Transport operator" has the meaning set forth in
IC 9-13-2-187.
Sec. 42. "Uniform time standards manual" means a schedule
established by a manufacturer or distributor setting forth the time
allowances for the diagnosis and performance of warranty work
and service.
Sec. 43. "Used motor vehicle" means a motor vehicle that:
(1) has been previously titled under IC 9-17; or
(2) has been transferred by a manufacturer, distributor, or
dealer to an ultimate purchaser.
Sec. 44. (a) "Used motor vehicle dealer" means any person that
within a twelve (12) month period sells, offers to sell, or advertises
for sale, including directly by the Internet or another computer
network, at least twelve (12) used motor vehicles (excluding
manufactured homes).
(b) The term does not include the following:
(1) A receiver, trustee, or other person appointed by or acting
under the judgment or order of a court.
(2) A public officer while performing official duties.
(3) A person that holds a mechanic's lien on a motor vehicle
under IC 9-22-6, if the person sells the motor vehicle:
(A) in accordance with requirements in IC 9-22-6; or
(B) to an automotive salvage recycler licensed under
IC 9-32-9 after the motor vehicle fails to sell at public
auction conducted in compliance with IC 9-22-6.
(4) A person that holds a lien for towing services under
IC 9-22-1, if the person complies with all applicable
requirements in IC 9-22-1 and IC 9-22-6.
Sec. 45. "Used parts dealer" means a person who primarily
buys, sells, barters, exchanges, or deals in used major component
parts. The term does not include a scrap metal processor.
Sec. 46. "Watercraft dealer" means a person that sells, offers to
sell, or advertises the sale of at least six (6):
(1) watercrafts;
(2) trailers designed and used exclusively for the
transportation of watercrafts; or
(3) trailers sold in general association with the sale of
watercrafts;
within a period of twelve (12) months.
SECTION 32. IC 9-32-11-2.5, AS AMENDED BY P.L.120-2020,
SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2.5. (a) An automotive mobility dealer must be
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licensed under this article as a used motor vehicle dealer, manufacturer,
new motor vehicle dealer, or converter manufacturer.
(b) Effective January 1, 2018, before an automotive mobility dealer
engages in any of the activities described in IC 9-32-2-4.5,
IC 9-32-2.1-4, the automotive mobility dealer must have an automotive
mobility dealer endorsement issued by the secretary.
(c) An application for an automotive mobility endorsement must be:
(1) on a form prescribed by the secretary; and
(2) accompanied by proof that the applicant is accredited through
the Quality Assurance Program of the National Mobility
Equipment Dealers Association.
SECTION 33. IC 9-32-18-5, AS ADDED BY P.L.179-2017,
SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. (a) The secretary may not make a payment to
a qualifying individual under section 4 of this chapter unless the dealer
ordered to pay restitution to the qualifying individual has not paid the
full amount of the restitution as described in section 2(2) of this
chapter:
(1) by the date provided in the order; or
(2) not later than ninety (90) days after the order is issued;
whichever is later.
(b) A qualifying individual may seek payment from the fund of any
amount of the restitution:
(1) ordered by the court to be paid to the qualifying individual or
ordered under IC 9-32-16-2; and
(2) not paid by the dealer ordered to pay the restitution;
by filing a claim with the secretary on a form prescribed by the
secretary.
(c) The secretary must receive a claim filed under this chapter not
later than one hundred eighty (180) days after the date on which the
order described in section 2 of this chapter becomes final. The
secretary may grant an extension of time for good cause shown by the
qualifying individual filing the claim.
(d) Notwithstanding subsection (c), the secretary may not accept a
claim that is received more than:
(1) two (2) years after the date of the judgment described in
section 2(2)(A) of this chapter; or
(2) one hundred eighty (180) days after the date of the order
described in section 2(2)(B) of this chapter;
becomes final.
(e) The personal information (as defined in IC 9-32-2-18.7),
IC 9-32-2.1-34) of a qualifying individual who files a qualifying claim
SEA 80 — CC 1 13
with the secretary under subsection (b) is confidential and may not be
disclosed or distributed outside the secretary, except as required by
law.
(f) Upon receiving a qualifying claim, the secretary may pay, from
money available in the fund, to each qualifying individual identified in
the claim under section 2(3) of this chapter an amount that:
(1) is determined by the secretary, at the secretary's discretion;
(2) may be up to the amount of the restitution awarded to the
qualifying individual and not paid by the dealer ordered to pay the
restitution; and
(3) may not exceed three thousand dollars ($3,000).
(g) The limits set forth in subsection (f) do not prohibit a qualifying
individual from seeking to recover, in any action, or through any other
lawful remedy available, any amount of the restitution that:
(1) is awarded to the qualifying individual in the order described
in section 2(2) of this chapter;
(2) is not paid by the dealer ordered to pay the restitution; and
(3) exceeds the amount paid to the qualifying individual by the
secretary under subsection (f).
SECTION 34. IC 13-20-25-10, AS AMENDED BY P.L.130-2018,
SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 10. (a) A person:
(1) who:
(A) is not required to submit a recycling activity report under
section 9 of this chapter; but
(B) recycled recyclable materials during a calendar year;
(2) who:
(A) meets the definition of "scrap metal processing facility" set
forth in IC 8-23-1-36;
(B) meets the definition of "automotive salvage recycler" set
forth in IC 9-13-2-10;
(C) meets the definition of "recycling facility" set forth in
IC 9-13-2-150.3;
(D) is engaged in business subject to IC 9-22-3;
(E) meets the definition of "automotive salvage rebuilder" set
forth in IC 9-32-2-5; IC 9-32-2.1-5;
(F) meets the definition of "scrap metal processor" set forth in
IC 13-11-2-196.5;
(G) meets the definition of "core buyer" set forth in
IC 25-37.5-1-0.2; or
(H) meets the definition of "valuable metal dealer" set forth in
IC 25-37.5-1-1(b); or
SEA 80 — CC 1 14
(3) who:
(A) is not required to submit a recycling activity report under
section 9 of this chapter; but
(B) took action during a calendar year to recover, from the
solid waste stream, for purposes of:
(i) use or reuse;
(ii) conversion into raw materials; or
(iii) use in the production of new products;
materials that were not municipal waste;
may voluntarily submit a recycling activity report to the commissioner
concerning the person's recycling activity during the calendar year.
(b) The commissioner shall include information reported to the
commissioner under this section in the annual reports that the
commissioner is required to submit under IC 4-23-5.5-6.
SECTION 35. IC 24-5-13-3.1, AS AMENDED BY P.L.137-2018,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3.1. As used in this chapter, "dealer" has the
meaning set forth in IC 9-32-2-9.6. IC 9-32-2.1-10.
SECTION 36. IC 24-5-13.1-4, AS ADDED BY P.L.91-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. As used in this chapter, "dealer" has the
meaning set forth in IC 9-32-2-9.6. IC 9-32-2.1-10.
SECTION 37. IC 34-30-34-2, AS ADDED BY P.L.211-2023,
SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. As used in this chapter, "dealer" has the
meaning set forth in IC 9-32-2-9.6. IC 9-32-2.1-10.
SECTION 38. IC 3-7-16-16, AS AMENDED BY P.L.128-2015,
SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 16. An employee or a volunteer of the office who
provides an individual with an application for assistance or services
under this chapter shall do the following:
(1) Inform each individual who applies for assistance or services
that the information the individual provides on the individual's
voter registration application will be used to register the
individual to vote unless:
(A) the individual is not eligible to vote;
(B) the individual declines to register to vote or fails to
complete the voter registration part of the application; or
(C) the individual answers "no" to either question described
by IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or
transfer registration with assistance in filling out the voter
SEA 80 — CC 1 15
registration application unless the individual refuses assistance,
as provided in 52 U.S.C. 20506(a)(4)(ii). 52 U.S.C.
20506(a)(4)(A)(ii).
(3) Check the completed voter registration form for legibility and
completeness.
(4) Deliver the completed registration form to the office
administrator (or the employee designated by the administrator to
be responsible for voter registration services) for transmittal to the
appropriate county voter registration office.
(5) Inform the individual that the individual will receive a mailing
from the county voter registration office of the county where the
individual resides concerning the disposition of the voter
registration application.
SECTION 39. IC 3-7-18-8, AS AMENDED BY P.L.128-2015,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 8. An employee of the office who provides an
individual with an application for assistance or services under this
chapter shall do the following:
(1) Inform each individual who applies for assistance or services
that the information the individual provides on the individual's
voter registration application will be used to register the
individual to vote unless:
(A) the individual is not eligible to vote;
(B) the individual declines to register to vote or fails to
complete the voter registration part of the application; or
(C) the individual answers "no" to either question described
by IC 3-7-22-5(3) or IC 3-7-22-5(4).
(2) Provide each individual who indicates a desire to register or
transfer registration with assistance in filling out the voter
registration application unless the individual refuses assistance,
as provided in 52 U.S.C. 20506(a)(4)(A)(ii).
(3) Check the completed voter registration form for legibility and
completeness.
(4) Deliver the completed registration form to the office
administrator (or the employee designated by the administrator to
be responsible for voter registration services) for transmittal to the
appropriate county voter registration office.
(5) Inform the individual that the individual will receive a mailing
from the county voter registration office of the county where the
individual resides concerning the disposition of the voter
registration application.
SECTION 40. IC 25-14-6-1, AS AMENDED BY P.L.56-2023,
SEA 80 — CC 1 16
SECTION 227, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1. (a) A dentist may order and
administer an immunization that is recommended by the federal
Centers for Disease Control and Prevention Advisory Committee on
Immunization Practices for individuals who are not less than eleven
(11) years of age, if the dentist complies with the following
requirements:
(1) Before administering an immunization to an individual, the
dentist receives the consent of one (1) of the following:
(A) If the individual to whom the immunization is to be
administered is at least eleven (11) years of age and is less
than eighteen (18) years of age, the parent or legal guardian of
the individual.
(B) If the individual to whom the immunization is to be
administered is at least eighteen (18) years of age and has a
legal guardian, the legal guardian of the individual.
(C) If the individual to whom the immunization is to be
administered is at least eighteen (18) years of age and does not
have a legal guardian, the individual.
A parent or legal guardian who is required to give consent under
this subdivision must be present at the time of immunization.
(2) Is certified in cardiopulmonary resuscitation.
(3) Has successfully completed a course of training in
immunization that meets the requirements set forth in subsection
(b).
(4) Administers the immunization in accordance with a protocol
that meets the requirements set forth in section 2 of this chapter.
(b) A course of training under subsection (a)(3) must:
(1) be provided by an accredited provider;
(2) be approved by the board;
(3) meet the standards set forth by:
(A) the Centers for Disease Control and Prevention or a
similar health authority; or
(B) a professional body approved by the board; and
(4) comply with guidelines issued by:
(A) the Centers for Disease Control and Prevention; and
(B) the Occupational Safety and Health Administration.
(c) A dentist who administers immunizations under this chapter
shall maintain records of the dentist's completion of:
(1) training in cardiopulmonary resuscitation; and
(2) training described in subsection (b).
(d) If the Indiana department of health or the department of
SEA 80 — CC 1 17
homeland security determines that an emergency exists, subject to
IC 16-41-9-1.7(a)(2), a dentist may administer any immunization in
accordance with any instructions in the emergency determination.
SECTION 41. IC 35-44.1-3-5, AS AMENDED BY SEA 182-2024,
SECTION 1, AND AS AMENDED BY HEA 1422-2024, SECTION
3, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 5. (a) As used in The following
definitions apply throughout this section:
(1) "Chemical intoxicant" means a substance that, when
introduced into a person's body, causes intoxication or a similar
physical effect. The term does not include an alcoholic beverage
or a cigarette or tobacco product (as defined in IC 6-7-2-5).
(2) "Juvenile facility" means the following:
(1) (A) A secure facility (as defined in IC 31-9-2-114) in which
a child is detained under IC 31 or used for a child awaiting
adjudication or adjudicated under IC 31 as a child in need of
services or a delinquent child.
(2) (B) A shelter care facility (as defined in IC 31-9-2-117) in
which a child is detained under IC 31 or used for a child
awaiting adjudication or adjudicated under IC 31 as a child in
need of services or a delinquent child.
(b) A person who, without the prior authorization of the person in
charge of a penal facility or juvenile facility, knowingly or
intentionally:
(1) delivers, or carries into the penal facility or juvenile facility
with intent to deliver, an article to an inmate or child of the
facility;
(2) carries, or receives with intent to carry out of the penal facility
or juvenile facility, an article from an inmate or child of the
facility; or
(3) delivers, or carries to a worksite with the intent to deliver,
alcoholic beverages to an inmate or child of a jail work crew or
community work crew;
(including delivering, carrying, or receiving through the use of an
unmanned aerial vehicle) commits trafficking with an inmate, a Class
A misdemeanor. However, the offense is a Level 5 felony under
subdivision (1) or (2) if the article is a controlled substance, a chemical
intoxicant, a deadly weapon, or a cellular telephone or other wireless
or cellular communications device.
(c) If:
(1) the person who committed the offense under subsection (b) is
an employee of:
SEA 80 — CC 1 18
(A) the department of correction; or
(B) a penal facility;
and the article is a cigarette or tobacco product (as defined in
IC 6-7-2-5), the court shall order the person to pay a fine of at
least five hundred dollars ($500) and not more than five thousand
dollars ($5,000) under IC 35-50-3-2, in addition to any term of
imprisonment imposed under IC 35-50-3-2; or
(2) a person is convicted of committing a Level 5 felony under
subsection (b)(1) or (b)(2) because the article was a cellular
telephone or other wireless or cellular communication device, the
court shall order the person to pay a fine of at least five hundred
dollars ($500) and not more than ten thousand dollars ($10,000)
under IC 35-50-2-6(a) in addition to any term of imprisonment
imposed on the person under IC 35-50-2-6(a).
(d) A person who:
(1) is not an inmate of a penal facility or a child of a juvenile
facility; and
(2) knowingly or intentionally possesses in, or carries or causes to
be brought into, the penal facility or juvenile facility a deadly
weapon without the prior authorization of the person in charge of
the penal facility or juvenile facility;
commits carrying a deadly weapon into a correctional facility, a Level
5 felony.
SECTION 42. IC 24-5-0.5-3, AS AMENDED BY SEA 17-2024,
SECTION 3, AND AS AMENDED BY HEA 1412-2024, SECTION
33, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3. (a) A supplier may not commit
an unfair, abusive, or deceptive act, omission, or practice in connection
with a consumer transaction. Such an act, omission, or practice by a
supplier is a violation of this chapter whether it occurs before, during,
or after the transaction. An act, omission, or practice prohibited by this
section includes both implicit and explicit misrepresentations.
(b) Without limiting the scope of subsection (a), the following acts,
and the following representations as to the subject matter of a
consumer transaction, made orally, in writing, or by electronic
communication, by a supplier, are deceptive acts:
(1) That such subject of a consumer transaction has sponsorship,
approval, performance, characteristics, accessories, uses, or
benefits it does not have which the supplier knows or should
reasonably know it does not have.
(2) That such subject of a consumer transaction is of a particular
standard, quality, grade, style, or model, if it is not and if the
SEA 80 — CC 1 19
supplier knows or should reasonably know that it is not.
(3) That such subject of a consumer transaction is new or unused,
if it is not and if the supplier knows or should reasonably know
that it is not.
(4) That such subject of a consumer transaction will be supplied
to the public in greater quantity than the supplier intends or
reasonably expects.
(5) That replacement or repair constituting the subject of a
consumer transaction is needed, if it is not and if the supplier
knows or should reasonably know that it is not.
(6) That a specific price advantage exists as to such subject of a
consumer transaction, if it does not and if the supplier knows or
should reasonably know that it does not.
(7) That the supplier has a sponsorship, approval, or affiliation in
such consumer transaction the supplier does not have, and which
the supplier knows or should reasonably know that the supplier
does not have.
(8) That such consumer transaction involves or does not involve
a warranty, a disclaimer of warranties, or other rights, remedies,
or obligations, if the representation is false and if the supplier
knows or should reasonably know that the representation is false.
(9) That the consumer will receive a rebate, discount, or other
benefit as an inducement for entering into a sale or lease in return
for giving the supplier the names of prospective consumers or
otherwise helping the supplier to enter into other consumer
transactions, if earning the benefit, rebate, or discount is
contingent upon the occurrence of an event subsequent to the time
the consumer agrees to the purchase or lease.
(10) That the supplier is able to deliver or complete the subject of
the consumer transaction within a stated period of time, when the
supplier knows or should reasonably know the supplier could not.
If no time period has been stated by the supplier, there is a
presumption that the supplier has represented that the supplier
will deliver or complete the subject of the consumer transaction
within a reasonable time, according to the course of dealing or the
usage of the trade.
(11) That the consumer will be able to purchase the subject of the
consumer transaction as advertised by the supplier, if the supplier
does not intend to sell it.
(12) That the replacement or repair constituting the subject of a
consumer transaction can be made by the supplier for the estimate
the supplier gives a customer for the replacement or repair, if the
SEA 80 — CC 1 20
specified work is completed and:
(A) the cost exceeds the estimate by an amount equal to or
greater than ten percent (10%) of the estimate;
(B) the supplier did not obtain written permission from the
customer to authorize the supplier to complete the work even
if the cost would exceed the amounts specified in clause (A);
(C) the total cost for services and parts for a single transaction
is more than seven hundred fifty dollars ($750); and
(D) the supplier knew or reasonably should have known that
the cost would exceed the estimate in the amounts specified in
clause (A).
(13) That the replacement or repair constituting the subject of a
consumer transaction is needed, and that the supplier disposes of
the part repaired or replaced earlier than seventy-two (72) hours
after both:
(A) the customer has been notified that the work has been
completed; and
(B) the part repaired or replaced has been made available for
examination upon the request of the customer.
(14) Engaging in the replacement or repair of the subject of a
consumer transaction if the consumer has not authorized the
replacement or repair, and if the supplier knows or should
reasonably know that it is not authorized.
(15) The act of misrepresenting the geographic location of the
supplier by listing an alternate business name or an assumed
business name (as described in IC 23-0.5-3-4) in a local telephone
directory if:
(A) the name misrepresents the supplier's geographic location;
(B) the listing fails to identify the locality and state of the
supplier's business;
(C) calls to the local telephone number are routinely forwarded
or otherwise transferred to a supplier's business location that
is outside the calling area covered by the local telephone
directory; and
(D) the supplier's business location is located in a county that
is not contiguous to a county in the calling area covered by the
local telephone directory.
(16) The act of listing an alternate business name or assumed
business name (as described in IC 23-0.5-3-4) in a directory
assistance data base if:
(A) the name misrepresents the supplier's geographic location;
(B) calls to the local telephone number are routinely forwarded
SEA 80 — CC 1 21
or otherwise transferred to a supplier's business location that
is outside the local calling area; and
(C) the supplier's business location is located in a county that
is not contiguous to a county in the local calling area.
(17) The violation by a supplier of IC 24-3-4 concerning
cigarettes for import or export.
(18) The act of a supplier in knowingly selling or reselling a
product to a consumer if the product has been recalled, whether
by the order of a court or a regulatory body, or voluntarily by the
manufacturer, distributor, or retailer, unless the product has been
repaired or modified to correct the defect that was the subject of
the recall.
(19) The violation by a supplier of 47 U.S.C. 227, including any
rules or regulations issued under 47 U.S.C. 227.
(20) The violation by a supplier of the federal Fair Debt
Collection Practices Act (15 U.S.C. 1692 et seq.), including any
rules or regulations issued under the federal Fair Debt Collection
Practices Act (15 U.S.C. 1692 et seq.).
(21) A violation of IC 24-5-7 (concerning health spa services), as
set forth in IC 24-5-7-17.
(22) A violation of IC 24-5-8 (concerning business opportunity
transactions), as set forth in IC 24-5-8-20.
(23) A violation of IC 24-5-10 (concerning home consumer
transactions), as set forth in IC 24-5-10-18.
(24) A violation of IC 24-5-11 (concerning real property
improvement contracts), as set forth in IC 24-5-11-14.
(25) A violation of IC 24-5-12 (concerning telephone
solicitations), as set forth in IC 24-5-12-23.
(26) A violation of IC 24-5-13.5 (concerning buyback motor
vehicles), as set forth in IC 24-5-13.5-14.
(27) A violation of IC 24-5-14 (concerning automatic
dialing-announcing devices), as set forth in IC 24-5-14-13.
(28) A violation of IC 24-5-15 (concerning credit services
organizations), as set forth in IC 24-5-15-11.
(29) A violation of IC 24-5-16 (concerning unlawful motor
vehicle subleasing), as set forth in IC 24-5-16-18.
(30) A violation of IC 24-5-17 (concerning environmental
marketing claims), as set forth in IC 24-5-17-14.
(31) A violation of IC 24-5-19 (concerning deceptive commercial
solicitation), as set forth in IC 24-5-19-11.
(32) A violation of IC 24-5-21 (concerning prescription drug
discount cards), as set forth in IC 24-5-21-7.
SEA 80 — CC 1 22
(33) A violation of IC 24-5-23.5-7 (concerning real estate
appraisals), as set forth in IC 24-5-23.5-9.
(34) A violation of IC 24-5-26 (concerning identity theft), as set
forth in IC 24-5-26-3.
(35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
as set forth in IC 24-5.5-6-1.
(36) A violation of IC 24-8 (concerning promotional gifts and
contests), as set forth in IC 24-8-6-3.
(37) A violation of IC 21-18.5-6 (concerning representations
made by a postsecondary credit bearing proprietary educational
institution), as set forth in IC 21-18.5-6-22.5.
(38) A violation of IC 24-5-15.5 (concerning collection actions of
a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
(39) A violation of IC 24-14 (concerning towing services), as set
forth in IC 24-14-10-1.
(40) A violation of IC 24-5-14.5 (concerning misleading or
inaccurate caller identification information), as set forth in
IC 24-5-14.5-12.
(41) A violation of IC 24-5-27 (concerning intrastate inmate
calling services), as set forth in IC 24-5-27-27.
(42) A violation of IC 15-21 (concerning sales of dogs by retail
pet stores), as set forth in IC 15-21-7-4.
(42) (43) A violation of IC 24-4-23 (concerning the security of
information collected and transmitted by an adult oriented
website operator), as set forth in IC 24-4-23-14.
(c) Any representations on or within a product or its packaging or
in advertising or promotional materials which would constitute a
deceptive act shall be the deceptive act both of the supplier who places
such representation thereon or therein, or who authored such materials,
and such other suppliers who shall state orally or in writing that such
representation is true if such other supplier shall know or have reason
to know that such representation was false.
(d) If a supplier shows by a preponderance of the evidence that an
act resulted from a bona fide error notwithstanding the maintenance of
procedures reasonably adopted to avoid the error, such act shall not be
deceptive within the meaning of this chapter.
(e) It shall be a defense to any action brought under this chapter that
the representation constituting an alleged deceptive act was one made
in good faith by the supplier without knowledge of its falsity and in
reliance upon the oral or written representations of the manufacturer,
the person from whom the supplier acquired the product, any testing
organization, or any other person provided that the source thereof is
SEA 80 — CC 1 23
disclosed to the consumer.
(f) For purposes of subsection (b)(12), a supplier that provides
estimates before performing repair or replacement work for a customer
shall give the customer a written estimate itemizing as closely as
possible the price for labor and parts necessary for the specific job
before commencing the work.
(g) For purposes of subsection (b)(15) and (b)(16), a telephone
company or other provider of a telephone directory or directory
assistance service or its officer or agent is immune from liability for
publishing the listing of an alternate business name or assumed
business name of a supplier in its directory or directory assistance data
base unless the telephone company or other provider of a telephone
directory or directory assistance service is the same person as the
supplier who has committed the deceptive act.
(h) For purposes of subsection (b)(18), it is an affirmative defense
to any action brought under this chapter that the product has been
altered by a person other than the defendant to render the product
completely incapable of serving its original purpose.
SECTION 43. IC 5-14-3-4, AS AMENDED BY SEA 172-2024,
SECTION 28, AND AS AMENDED BY SEA 232-2024, SECTION 1,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The following public records
are excepted from section 3 of this chapter and may not be disclosed by
a public agency, unless access to the records is specifically required by
a state or federal statute or is ordered by a court under the rules of
discovery:
(1) Those declared confidential by state statute.
(2) Those declared confidential by rule adopted by a public
agency under specific authority to classify public records as
confidential granted to the public agency by statute.
(3) Those required to be kept confidential by federal law.
(4) Records containing trade secrets.
(5) Confidential financial information obtained, upon request,
from a person. However, this does not include information that is
filed with or received by a public agency pursuant to state statute.
(6) Information concerning research, including actual research
documents, conducted under the auspices of a state educational
institution, including information:
(A) concerning any negotiations made with respect to the
research; and
(B) received from another party involved in the research.
(7) Grade transcripts and license examination scores obtained as
SEA 80 — CC 1 24
part of a licensure process.
(8) Those declared confidential by or under rules adopted by the
supreme court of Indiana.
(9) Patient medical records and charts created by a provider,
unless the patient gives written consent under IC 16-39 or as
provided under IC 16-41-8.
(10) Application information declared confidential by the Indiana
economic development corporation under IC 5-28.
(11) A photograph, a video recording, or an audio recording of an
autopsy, except as provided in IC 36-2-14-10.
(12) A Social Security number contained in the records of a
public agency.
(13) The following information that is part of a foreclosure action
subject to IC 32-30-10.5:
(A) Contact information for a debtor, as described in
IC 32-30-10.5-8(d)(1)(B).
(B) Any document submitted to the court as part of the debtor's
loss mitigation package under IC 32-30-10.5-10(a)(3).
(14) The following information obtained from a call made to a
fraud hotline established under IC 36-1-8-8.5:
(A) The identity of any individual who makes a call to the
fraud hotline.
(B) A report, transcript, audio recording, or other information
concerning a call to the fraud hotline.
However, records described in this subdivision may be disclosed
to a law enforcement agency, a private university police
department, the attorney general, the inspector general, the state
examiner, or a prosecuting attorney.
(15) Information described in section 5(c)(3)(B) of this chapter
that is contained in a daily log or record described in section 5(c)
of this chapter for a victim of a crime or delinquent act who is less
than eighteen (18) years of age, unless and to the extent that:
(A) a parent, guardian, or custodian of the victim consents in
writing to public disclosure of the records; and
(B) that parent, guardian, or custodian of the victim has not
been charged with or convicted of committing a crime against
the victim.
However, records described in this subdivision may be disclosed
to the department of child services.
(b) Except as otherwise provided by subsection (a), the following
public records shall be excepted from section 3 of this chapter at the
discretion of a public agency:
SEA 80 — CC 1 25
(1) Investigatory records of law enforcement agencies or private
university police departments. For purposes of this chapter, a law
enforcement recording is not an investigatory record. However,
information described in subsection (a)(15) contained in a law
enforcement recording is exempt from disclosure, unless and to
the extent that a parent, guardian, or custodian of the victim
consents in writing to public disclosure of the records. However,
a parent, guardian, or custodian charged with or convicted of a
crime against the victim may not consent to public disclosure of
the records. Law enforcement agencies or private university
police departments may share investigatory records with: a:
(A) a person who advocates on behalf of a crime victim,
including a victim advocate (as defined in IC 35-37-6-3.5) or
a victim service provider (as defined in IC 35-37-6-5), for the
purposes of providing services to a victim or describing
services that may be available to a victim; and
(B) a school corporation (as defined by IC 20-18-2-16(a)),
charter school (as defined by IC 20-24-1-4), or nonpublic
school (as defined by IC 20-18-2-12) for the purpose of
enhancing the safety or security of a student or a school
facility; and
(C) the victim services division of the Indiana criminal justice
institute under IC 5-2-6-8, for the purposes of conducting an
investigation under IC 5-2-6.1-26;
without the law enforcement agency or private university police
department losing its discretion to keep those records confidential
from other records requesters. However, certain law enforcement
records must be made available for inspection and copying as
provided in section 5 of this chapter.
(2) The work product of an attorney representing, pursuant to
state employment or an appointment by a public agency:
(A) a public agency;
(B) the state; or
(C) an individual.
(3) Test questions, scoring keys, and other examination data used
in administering a licensing examination, examination for
employment, or academic examination before the examination is
given or if it is to be given again.
(4) Scores of tests if the person is identified by name and has not
consented to the release of the person's scores.
(5) The following:
(A) Records relating to negotiations between:
SEA 80 — CC 1 26
(i) the Indiana economic development corporation;
(ii) the ports of Indiana;
(iii) the Indiana state department of agriculture;
(iv) the Indiana finance authority;
(v) an economic development commission;
(vi) the Indiana White River state park development
commission;
(vii) a local economic development organization that is a
nonprofit corporation established under state law whose
primary purpose is the promotion of industrial or business
development in Indiana, the retention or expansion of
Indiana businesses, or the development of entrepreneurial
activities in Indiana; or
(viii) a governing body of a political subdivision;
with industrial, research, or commercial prospects, if the
records are created while negotiations are in progress.
However, this clause does not apply to records regarding
research that is prohibited under IC 16-34.5-1-2 or any other
law.
(B) Notwithstanding clause (A), the terms of the final offer of
public financial resources communicated by the Indiana
economic development corporation, the ports of Indiana, the
Indiana finance authority, an economic development
commission, the Indiana White River state park development
commission, or a governing body of a political subdivision to
an industrial, a research, or a commercial prospect shall be
available for inspection and copying under section 3 of this
chapter after negotiations with that prospect have terminated.
(C) When disclosing a final offer under clause (B), the Indiana
economic development corporation shall certify that the
information being disclosed accurately and completely
represents the terms of the final offer.
(D) Notwithstanding clause (A), an incentive agreement with
an incentive recipient shall be available for inspection and
copying under section 3 of this chapter after the date the
incentive recipient and the Indiana economic development
corporation execute the incentive agreement regardless of
whether negotiations are in progress with the recipient after
that date regarding a modification or extension of the incentive
agreement.
(6) Records that are intra-agency or interagency advisory or
deliberative material, including material developed by a private
SEA 80 — CC 1 27
contractor under a contract with a public agency, that are
expressions of opinion or are of a speculative nature, and that are
communicated for the purpose of decision making.
(7) Diaries, journals, or other personal notes serving as the
functional equivalent of a diary or journal.
(8) Personnel files of public employees and files of applicants for
public employment, except for:
(A) the name, compensation, job title, business address,
business telephone number, job description, education and
training background, previous work experience, or dates of
first and last employment of present or former officers or
employees of the agency;
(B) information relating to the status of any formal charges
against the employee; and
(C) the factual basis for a disciplinary action in which final
action has been taken and that resulted in the employee being
suspended, demoted, or discharged.
However, all personnel file information shall be made available
to the affected employee or the employee's representative. This
subdivision does not apply to disclosure of personnel information
generally on all employees or for groups of employees without the
request being particularized by employee name.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would
jeopardize a record keeping system, voting system, voter
registration system, or security system.
(11) Computer programs, computer codes, computer filing
systems, and other software that are owned by the public agency
or entrusted to it and portions of electronic maps entrusted to a
public agency by a utility.
(12) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1.
However, this subdivision does not apply to that information
required to be available for inspection and copying under
subdivision (8).
(13) The work product of the legislative services agency under
personnel rules approved by the legislative council.
(14) The work product of individual members and the partisan
staffs of the general assembly.
(15) The identity of a donor of a gift made to a public agency if:
(A) the donor requires nondisclosure of the donor's identity as
a condition of making the gift; or
SEA 80 — CC 1 28
(B) after the gift is made, the donor or a member of the donor's
family requests nondisclosure.
(16) Library or archival records:
(A) which can be used to identify any library patron; or
(B) deposited with or acquired by a library upon a condition
that the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified in
the documents under which the deposit or acquisition is
made; or
(iii) after the death of persons specified at the time of the
acquisition or deposit.
However, nothing in this subdivision shall limit or affect contracts
entered into by the Indiana state library pursuant to IC 4-1-6-8.
(17) The identity of any person who contacts the bureau of motor
vehicles concerning the ability of a driver to operate a motor
vehicle safely and the medical records and evaluations made by
the bureau of motor vehicles staff or members of the driver
licensing medical advisory board regarding the ability of a driver
to operate a motor vehicle safely. However, upon written request
to the commissioner of the bureau of motor vehicles, the driver
must be given copies of the driver's medical records and
evaluations.
(18) School safety and security measures, plans, and systems,
including emergency preparedness plans developed under 511
IAC 6.1-2-2.5.
(19) A record or a part of a record, the public disclosure of which
would have a reasonable likelihood of threatening public safety
by exposing a vulnerability to terrorist attack. A record described
under this subdivision includes the following:
(A) A record assembled, prepared, or maintained to prevent,
mitigate, or respond to an act of terrorism under IC 35-47-12-1
(before its repeal), an act of agricultural terrorism under
IC 35-47-12-2 (before its repeal), or a felony terrorist offense
(as defined in IC 35-50-2-18).
(B) Vulnerability assessments.
(C) Risk planning documents.
(D) Needs assessments.
(E) Threat assessments.
(F) Intelligence assessments.
(G) Domestic preparedness strategies.
(H) The location of community drinking water wells and
SEA 80 — CC 1 29
surface water intakes.
(I) The emergency contact information of emergency
responders and volunteers.
(J) Infrastructure records that disclose the configuration of
critical systems such as voting system and voter registration
system critical infrastructure, and communication, electrical,
ventilation, water, and wastewater systems.
(K) Detailed drawings or specifications of structural elements,
floor plans, and operating, utility, or security systems, whether
in paper or electronic form, of any building or facility located
on an airport (as defined in IC 8-21-1-1) that is owned,
occupied, leased, or maintained by a public agency, or any part
of a law enforcement recording that captures information
about airport security procedures, areas, or systems. A record
described in this clause may not be released for public
inspection by any public agency without the prior approval of
the public agency that owns, occupies, leases, or maintains the
airport. Both of the following apply to the public agency that
owns, occupies, leases, or maintains the airport:
(i) The public agency is responsible for determining whether
the public disclosure of a record or a part of a record,
including a law enforcement recording, has a reasonable
likelihood of threatening public safety by exposing a
security procedure, area, system, or vulnerability to terrorist
attack.
(ii) The public agency must identify a record described
under item (i) and clearly mark the record as "confidential
and not subject to public disclosure under
IC 5-14-3-4(b)(19)(J) without approval of (insert name of
submitting public agency)". However, in the case of a law
enforcement recording, the public agency must clearly mark
the record as "confidential and not subject to public
disclosure under IC 5-14-3-4(b)(19)(K) without approval of
(insert name of the public agency that owns, occupies,
leases, or maintains the airport)".
(L) The home address, home telephone number, and
emergency contact information for any:
(i) emergency management worker (as defined in
IC 10-14-3-3);
(ii) public safety officer (as defined in IC 35-47-4.5-3);
(iii) emergency medical responder (as defined in
IC 16-18-2-109.8); or
SEA 80 — CC 1 30
(iv) advanced emergency medical technician (as defined in
IC 16-18-2-6.5).
(M) Information relating to security measures or precautions
used to secure the statewide 911 system under IC 36-8-16.7.
This subdivision does not apply to a record or portion of a record
pertaining to a location or structure owned or protected by a
public agency in the event that an act of terrorism under
IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
under IC 35-47-12-2 (before its repeal), or a felony terrorist
offense (as defined in IC 35-50-2-18) has occurred at that location
or structure, unless release of the record or portion of the record
would have a reasonable likelihood of threatening public safety
by exposing a vulnerability of other locations or structures to
terrorist attack.
(20) The following personal information concerning a customer
of a municipally owned utility (as defined in IC 8-1-2-1):
(A) Telephone number.
(B) Address.
(C) Social Security number.
(21) The following personal information about a complainant
contained in records of a law enforcement agency:
(A) Telephone number.
(B) The complainant's address. However, if the complainant's
address is the location of the suspected crime, infraction,
accident, or complaint reported, the address shall be made
available for public inspection and copying.
(22) Notwithstanding subdivision (8)(A), the name,
compensation, job title, business address, business telephone
number, job description, education and training background,
previous work experience, or dates of first employment of a law
enforcement officer who is operating in an undercover capacity.
(23) Records requested by an offender, an agent, or a relative of
an offender that:
(A) contain personal information relating to:
(i) a correctional officer (as defined in IC 5-10-10-1.5);
(ii) a probation officer;
(iii) a community corrections officer;
(iv) a law enforcement officer (as defined in
IC 35-31.5-2-185);
(v) a judge (as defined in IC 33-38-12-3);
(vi) the victim of a crime; or
(vii) a family member of a correctional officer, probation
SEA 80 — CC 1 31
officer, community corrections officer, law enforcement
officer (as defined in IC 35-31.5-2-185), judge (as defined
in IC 33-38-12-3), or victim of a crime; or
(B) concern or could affect the security of a jail or correctional
facility.
For purposes of this subdivision, "agent" means a person who is
authorized by an offender to act on behalf of, or at the direction
of, the offender, and "relative" has the meaning set forth in
IC 35-42-2-1(b). However, the term "agent" does not include an
attorney in good standing admitted to the practice of law in
Indiana.
(24) Information concerning an individual less than eighteen (18)
years of age who participates in a conference, meeting, program,
or activity conducted or supervised by a state educational
institution, including the following information regarding the
individual or the individual's parent or guardian:
(A) Name.
(B) Address.
(C) Telephone number.
(D) Electronic mail account address.
(25) Criminal intelligence information.
(26) The following information contained in a report of unclaimed
property under IC 32-34-1.5-18 or in a claim for unclaimed
property under IC 32-34-1.5-48:
(A) Date of birth.
(B) Driver's license number.
(C) Taxpayer identification number.
(D) Employer identification number.
(E) Account number.
(27) Except as provided in subdivision (19) and sections 5.1 and
5.2 of this chapter, a law enforcement recording. However, before
disclosing the recording, the public agency must comply with the
obscuring requirements of sections 5.1 and 5.2 of this chapter, if
applicable.
(28) Records relating to negotiations between a state educational
institution and another entity concerning the establishment of a
collaborative relationship or venture to advance the research,
engagement, or educational mission of the state educational
institution, if the records are created while negotiations are in
progress. The terms of the final offer of public financial resources
communicated by the state educational institution to an industrial,
a research, or a commercial prospect shall be available for
SEA 80 — CC 1 32
inspection and copying under section 3 of this chapter after
negotiations with that prospect have terminated. However, this
subdivision does not apply to records regarding research
prohibited under IC 16-34.5-1-2 or any other law.
(c) Nothing contained in subsection (b) shall limit or affect the right
of a person to inspect and copy a public record required or directed to
be made by any statute or by any rule of a public agency.
(d) Notwithstanding any other law, a public record that is classified
as confidential, other than a record concerning an adoption or patient
medical records, shall be made available for inspection and copying
seventy-five (75) years after the creation of that record.
(e) Only the content of a public record may form the basis for the
adoption by any public agency of a rule or procedure creating an
exception from disclosure under this section.
(f) Except as provided by law, a public agency may not adopt a rule
or procedure that creates an exception from disclosure under this
section based upon whether a public record is stored or accessed using
paper, electronic media, magnetic media, optical media, or other
information storage technology.
(g) Except as provided by law, a public agency may not adopt a rule
or procedure nor impose any costs or liabilities that impede or restrict
the reproduction or dissemination of any public record.
(h) Notwithstanding subsection (d) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the
ordinary course of business.
SECTION 44. IC 35-44.1-2-3, AS AMENDED BY SEA 232-2024,
SECTION 4, AND AS AMENDED BY HEA 1021-2024, SECTION
34, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3. (a) As used in this section,
"consumer product" has the meaning set forth in IC 35-45-8-1.
(b) As used in this section, "misconduct" means a violation of a
departmental rule or procedure of a law enforcement agency.
(c) A person who reports that:
(1) the person or another person has placed or intends to place an
explosive, a destructive device, or other destructive substance in
a building or transportation facility;
(2) there has been or there will be tampering with a consumer
product introduced into commerce; or
(3) there has been or will be placed or introduced a weapon of
mass destruction in a building or a place of assembly;
SEA 80 — CC 1 33
knowing the report to be false, commits false reporting, a Level 6
felony.
(d) A person who:
(1) gives:
(A) a false report of the commission of a crime; or
(B) false information to a law enforcement officer that relates
to the commission of a crime;
knowing the report or information to be false;
(2) gives a false alarm of fire to the fire department of a
governmental entity, knowing the alarm to be false;
(3) makes a false request for ambulance service to an ambulance
service provider, knowing the request to be false;
(4) gives a false report concerning a missing child (as defined in
IC 10-13-5-4), missing veteran at risk (as defined in
IC 12-7-2-197.3), or missing endangered adult (as defined in
IC 12-7-2-131.3) or gives false information to a law enforcement
officer or a governmental entity that relates to a missing child,
missing veteran at risk, or missing endangered adult knowing the
report or information to be false;
(5) makes a complaint against a law enforcement officer to the
state or municipality (as defined in IC 8-1-13-3(b)) that employs
the officer:
(A) alleging the officer engaged in misconduct while
performing the officer's duties; and
(B) knowing the complaint to be false;
(6) makes a false report of a missing person, knowing the report
or information is false;
(7) gives a false report of actions, behavior, or conditions
concerning:
(A) a septic tank soil absorption system under IC 8-1-2-125 or
IC 13-26-5-2.5; or
(B) a septic tank soil absorption system or constructed wetland
septic system under IC 36-9-23-30.1;
knowing the report or information to be false; or
(8) makes a false report that a person is dangerous (as defined in
IC 35-47-14-1) knowing the report or information to be false;
commits false informing, a Class B misdemeanor except as provided
in subsection (e).
(e) However, The offense described in subsection (d) is:
(1) a Class A misdemeanor if it:
(A) substantially hinders any law enforcement process; or if it
(B) results in harm to another person; or
SEA 80 — CC 1 34
(C) is committed under subsection (d)(8);
(2) a Level 6 felony if it:
(A) is committed under subsection (d)(8); and
(B) either:
(i) substantially hinders any law enforcement process; or
(ii) results in harm to another person; and
(3) a Level 5 felony if it is committed under subsection (d)(8) and
results in serious bodily injury or death to another person.
SECTION 45. IC 4-13-16.5-2, AS AMENDED BY HEA
1026-2024, SECTION 32, AND AS AMENDED BY HEA 1278-2024,
SECTION 10, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) There is
established a governor's commission on supplier diversity. The
commission shall consist of the following members:
(1) A governor's designee, who shall serve as chairman
chairperson of the commission.
(2) The commissioner of the Indiana department of transportation,
or the economic opportunity director of the Indiana department of
transportation if the commissioner of the Indiana department of
transportation so designates.
(3) The chairperson of the board of the Indiana economic
development corporation or the chairperson's designee.
(4) The commissioner of the department of administration.
(5) Nine (9) individuals with demonstrated capabilities in
business and industry, especially minority business enterprises,
women's business enterprises, and veteran owned small
businesses, appointed by the governor from the following
geographical areas of the state:
(A) Three (3) from the northern one-third (1/3) of the state.
(B) Three (3) from the central one-third (1/3) of the state.
(C) Three (3) from the southern one-third (1/3) of the state.
(6) Two (2) members of the house of representatives, no more
than one (1) from the same political party, appointed by the
speaker of the house of representatives to serve in a nonvoting
advisory capacity.
(7) Two (2) members of the senate, no more than one (1) from the
same political party, appointed by the president pro tempore of
the senate to serve in a nonvoting advisory capacity.
(8) The deputy commissioner of the department of administration,
who shall serve as a nonvoting member.
Not more than six (6) of the ten (10) members appointed or designated
by the governor may be of the same political party. Appointed Members
SEA 80 — CC 1 35
of the commission serve at the pleasure of the appointing authority and
may be reappointed to successive terms. Subject to subsection (b),
members of the commission appointed under subdivision (1) and
subdivision (5) shall serve four (4) year terms. Members of the general
assembly appointed to the commission serve two (2) year terms that
expire June 30 of an odd-numbered year. A vacancy occurs if a
legislative member leaves office for any reason. Any vacancy on the
commission shall be filled in the same manner as the original
appointment. An individual appointed to fill a vacancy serves on the
commission for the remainder of the unexpired term of the individual's
predecessor.
(b) The terms of the members appointed under subsection (a)(1) or
(a)(5) expire as follows:
(1) For a member appointed under subsection (a)(1) or (a)(5)(A),
June 30, 2025, and every fourth year thereafter.
(2) For a member appointed under subsection (a)(5)(B) or
(a)(5)(C), June 30, 2027, and every fourth year thereafter.
(b) (c) Each member of the commission who is not a state employee
is entitled to the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for mileage, traveling expenses, and other
expenses actually incurred in connection with the member's duties
as provided under IC 4-13-1-4 and in the state travel policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
The department shall pay expenses incurred under this subsection from
amounts appropriated for the operating expenses of the department of
administration.
(c) (d) Each legislative member of the commission is entitled to
receive the same per diem, mileage, and travel allowances established
by the legislative council and paid to members of the general assembly
serving on interim study committees. The allowances specified in this
subsection shall be paid by the legislative services agency from the
amounts appropriated for that purpose.
(d) (e) A member of the commission who is a state employee but
who is not a member of the general assembly is not entitled to any of
the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses as provided under
IC 4-13-1-4.
(3) Other expenses actually incurred in connection with the
member's duties.
SEA 80 — CC 1 36
(e) (f) The commission shall meet at least four (4) times each year
and at other times as the chairman considers necessary. at the call of
the chairperson.
(f) (g) The duties of the commission shall include but not be limited
to the following:
(1) Identify minority business enterprises, women's business
enterprises, and veteran owned small businesses in the state.
(2) Assess the needs of minority business enterprises, women's
business enterprises, and veteran owned small businesses.
(3) Initiate aggressive programs to assist minority business
enterprises, women's business enterprises, and veteran owned
small businesses in obtaining state contracts.
(4) Give special publicity to procurement, bidding, and qualifying
procedures.
(5) Include minority business enterprises, women's business
enterprises, and veteran owned small businesses on solicitation
mailing lists.
(6) Evaluate the competitive differences between qualified
minority or women's nonprofit corporations and other than
qualified minority or women's nonprofit corporations and veteran
owned small businesses that offer similar services and make
recommendation to the department on policy changes necessary
to ensure fair competition among minority business enterprises,
women's business enterprises, and veteran owned small
businesses.
(7) Define the duties, goals, and objectives of the deputy
commissioner of the department as created under this chapter to
assure compliance by all state agencies, separate bodies corporate
and politic, and state educational institutions with state and
federal legislation and policy concerning the awarding of
contracts (including, notwithstanding section 1(d) of this chapter
or any other law, contracts of state educational institutions) to
minority business enterprises, women's business enterprises, and
veteran owned small businesses.
(8) Establish annual goals:
(A) for the use of minority and women's business enterprises;
and
(B) derived from a statistical analysis of utilization study of
state contracts (including, notwithstanding section 1(d) of this
chapter or any other law, contracts of state educational
institutions) that are required to be updated every five (5)
years.
SEA 80 — CC 1 37
(9) Prepare a review of the commission and the various affected
departments of government to be submitted to the governor and
the legislative council on March 1 and October 1 of each year,
evaluating progress made in the areas defined in this subsection.
(10) Ensure that the statistical analysis required under this
section:
(A) is based on goals for participation of minority business
enterprises established in Richmond v. Croson, 488 U.S. 469
(1989);
(B) includes information on both contracts and subcontracts
(including, notwithstanding section 1(d) of this chapter or any
other law, contracts and subcontracts of state educational
institutions); and
(C) uses data on the combined capacity of minority business
enterprises, women's business enterprises, and veteran owned
small businesses in Indiana and not just regional data.
(11) Establish annual goals for the use of minority business
enterprises, women's business enterprises, and veteran owned
small businesses for any contract that:
(A) will be paid for in whole or in part with state grant funds;
and
(B) involves the use of real property of a unit. (as defined in
IC 4-4-32.2-9).
(12) Ensure compliance with the establishment and evaluation of
the annual goal for veteran owned small businesses established in
section 3.5 of this chapter.
(g) (h) The department shall direct contractors to demonstrate a
good faith effort to meet the annual participation goals established
under subsection (f)(11). (g)(11). The good faith effort shall be
demonstrated by contractors using the repository of certified firms
created under section 3 of this chapter or a similar repository
maintained by a unit. (as defined in IC 4-4-32.2-9).
(h) (i) The department shall adopt rules of ethics under IC 4-22-2 for
commission members other than commission members appointed
under subsection (a)(6) or (a)(7).
(i) (j) The department of administration shall furnish administrative
support and staff as is necessary for the effective operation of the
commission.
(j) (k) The commission shall advise the department on developing
a statement, to be included in all applications for and agreements
governing grants made with state funds, stating the importance of the
use of minority business enterprises, women's business enterprises, and
SEA 80 — CC 1 38
veteran owned small businesses in fulfilling the purposes of the grant.
(k) (l) For purposes of subsections (f)(11) and (g), (g)(11) and (h),
"unit" means a county, city, town, township, or school corporation.
SECTION 46. IC 22-2-18.1-30, AS AMENDED BY SEA 146-2024,
SECTION 4, AND AS AMENDED BY HEA 1093-2024, SECTION
13, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2025]: Sec. 30. (a) An employer that
violates this chapter may be assessed the civil penalties described in
this section by the department.
(b) For an hour violation of not more than thirty (30) minutes under
sections section 17 through 20 of this chapter a violation of section
18(4) of this chapter, or a posting violation under section 22 of this
chapter the civil penalties are as follows:
(1) A warning letter for any violations identified during an initial
inspection.
(2) Fifty dollars ($50) per instance for a second violation
identified in a subsequent inspection.
(3) Seventy-five dollars ($75) per instance for a third violation
that is identified in a subsequent inspection.
(4) One hundred dollars ($100) per instance for a fourth or
subsequent violation that is identified in an inspection subsequent
to the inspection under subdivision (3) and that occurs not more
than two (2) years after a prior violation.
A civil penalty may not be assessed under this subsection for a
violation of ten (10) minutes or less.
(c) For a failure to register or failure to register the correct number
of minors employed under section 26 of this chapter, an hour violation
of more than thirty (30) minutes under sections section 17 through 20
of this chapter, an age violation under section 12 or 14 of this chapter,
each minor employed in violation of section 12(b) of this chapter, or a
hazardous occupation violation under section 23 or 23.5 of this chapter
the civil penalties are as follows:
(1) A warning letter for any violations identified during an initial
inspection.
(2) One hundred dollars ($100) per instance for each violation
identified in a subsequent inspection.
(3) Two hundred dollars ($200) per instance for a third violation
that is identified in a subsequent inspection.
(4) Four hundred dollars ($400) per instance for a fourth or
subsequent violation that is identified in an inspection subsequent
to the inspection under subdivision (3) and that occurs not more
than two (2) years after a prior violation.
SEA 80 — CC 1 39
SECTION 47. IC 12-21-2-3, AS AMENDED BY HEA 1205-2024,
SECTION 1, AND AS AMENDED BY HEA 1328-2024, SECTION
26, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3. The secretary or the secretary's
designee shall do the following:
(1) Organize the division, create the appropriate personnel
positions, and employ personnel necessary to discharge the
statutory duties and powers of the division or a bureau of the
division.
(2) Subject to the approval of the state personnel department,
establish personnel qualifications for all deputy directors,
assistant directors, bureau heads, and superintendents.
(3) Subject to the approval of the budget director and the
governor, establish the compensation of all deputy directors,
assistant directors, bureau heads, and superintendents.
(4) Study the entire problem of mental health, mental illness, and
addictions existing in Indiana.
(5) Adopt rules under IC 4-22-2 for the following:
(A) Standards for the operation of private institutions that are
licensed under IC 12-25 for the diagnosis, treatment, and care
of individuals with psychiatric disorders, addictions, or other
abnormal mental conditions.
(B) Licensing or certifying community residential programs
described in IC 12-22-2-3.5 for individuals with serious
mental illness (SMI), serious emotional disturbance (SED), or
chronic addiction (CA) with the exception of psychiatric
residential treatment facilities.
(C) Subject to IC 12-29-2-21, certifying community mental
health centers to operate in Indiana.
(D) Establish exclusive geographic primary service areas for
community mental health centers. The rules must include the
following:
(i) Criteria and procedures to justify the change to the
boundaries of a community mental health center's primary
service area.
(ii) Criteria and procedures to justify the change of an
assignment of a community mental health center to a
primary service area.
(iii) A provision specifying that the criteria and procedures
determined in items (i) and (ii) must include an option for
the county and the community mental health center to
initiate a request for a change in primary service area or
SEA 80 — CC 1 40
provider assignment.
(iv) A provision specifying the criteria and procedures
determined in items (i) and (ii) may not limit an eligible
consumer's right to choose or access the services of any
provider who is certified by the division of mental health
and addiction to provide public supported mental health
services.
(6) Institute programs, in conjunction with an accredited college
or university and with the approval, if required by law, of the
commission for higher education, for the instruction of students
of mental health and other related occupations. The programs may
be designed to meet requirements for undergraduate and
postgraduate degrees and to provide continuing education and
research.
(7) Develop programs to educate the public in regard to the
prevention, diagnosis, treatment, and care of all abnormal mental
conditions.
(8) Make the facilities of the state institutions available for the
instruction of medical students, student nurses, interns, and
resident and fellow physicians under the supervision of the faculty
of any accredited school of medicine or osteopathy located in
Indiana or an accredited residency or fellowship training program
in connection with research and instruction in psychiatric
disorders.
(9) Institute a stipend program designed to improve the quality
and quantity of staff that state institutions employ.
(10) Establish, supervise, and conduct community programs,
either directly or by contract, for the diagnosis, treatment, and
prevention of psychiatric disorders.
(11) Adopt rules under IC 4-22-2 concerning the records and data
to be kept concerning individuals admitted to state institutions,
community mental health centers, or other providers.
(12) Compile information and statistics concerning the ethnicity
and gender of a program or service recipient.
(13) Establish standards for services described in IC 12-7-2-40.6
for community mental health centers and other providers.
(14) Provide that the standards for services provided by recovery
residences for residential care and supported housing for chronic
addiction, when used as a recovery residence, to:
(A) be certified through an entity approved by the division to
ensure adherence to standards determined by the National
Alliance for Recovery Residences (NARR) or a similar entity;
SEA 80 — CC 1 41
and
(B) meet other standards established by the division under
rules adopted under IC 4-22-2.
(15) Provide that the standards for services provided by recovery
community organizations for behavioral health recovery, when
used as a recovery community organization:
(A) be certified through an entity approved by the division to
ensure adherence to standards determined by the Indiana
Recovery Network or similar entity that certifies recovery
community organizations; and
(B) meet other standards established by the division under
rules adopted under IC 4-22-2.
(15) (16) Require the division to:
(A) provide best practice recommendations to community
mental health centers; and
(B) work with community mental health centers in a
collaborative manner in order to ensure improved health
outcomes as a part of reviews or audits.
Documentation developed as a part of an incident or death
reporting audit or review is confidential and may only be shared
between the division and the community mental health center.
SECTION 48. IC 33-24-6-3, AS AMENDED BY SEA 179-2024,
SECTION 1, AND AS AMENDED BY HEA 1240-2024, SECTION
18, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3. (a) The office of judicial
administration shall do the following:
(1) Examine the administrative and business methods and systems
employed in the offices of the clerks of court and other offices
related to and serving the courts and make recommendations for
necessary improvement.
(2) Collect and compile statistical data and other information on
the judicial work of the courts in Indiana. All justices of the
supreme court, judges of the court of appeals, judges of all trial
courts, and any city or town courts, whether having general or
special jurisdiction, court clerks, court reporters, and other
officers and employees of the courts shall, upon notice by the
chief administrative officer and in compliance with procedures
prescribed by the chief administrative officer, furnish the chief
administrative officer the information as is requested concerning
the nature and volume of judicial business. The information must
include the following:
(A) The volume, condition, and type of business conducted by
SEA 80 — CC 1 42
the courts.
(B) The methods of procedure in the courts.
(C) The work accomplished by the courts.
(D) The receipt and expenditure of public money by and for
the operation of the courts.
(E) The methods of disposition or termination of cases.
(3) Prepare and publish reports, not less than one (1) or more than
two (2) times per year, on the nature and volume of judicial work
performed by the courts as determined by the information
required in subdivision (2).
(4) Serve the judicial nominating commission and the judicial
qualifications commission in the performance by the commissions
of their statutory and constitutional functions.
(5) Administer the civil legal aid fund as required by IC 33-24-12.
(6) Administer the court technology fund established by section
12 of this chapter.
(7) By December 31, 2013, develop and implement a standard
protocol for sending and receiving court data:
(A) between the protective order registry, established by
IC 5-2-9-5.5, and county court case management systems;
(B) at the option of the county prosecuting attorney, for:
(i) a prosecuting attorney's case management system;
(ii) a county court case management system; and
(iii) a county court case management system developed and
operated by the office of judicial administration;
to interface with the electronic traffic tickets, as defined by
IC 9-30-3-2.5; and
(C) between county court case management systems and the
case management system developed and operated by the office
of judicial administration.
The standard protocol developed and implemented under this
subdivision shall permit private sector vendors, including vendors
providing service to a local system and vendors accessing the
system for information, to send and receive court information on
an equitable basis and at an equitable cost, and for a case
management system developed and operated by the office of
judicial administration, must include a searchable field for the
name and bail agent license number, if applicable, of the bail
agent or a person authorized by the surety that pays bail for an
individual as described in IC 35-33-8-3.2.
(8) Establish and administer an electronic system for receiving
information that relates to certain individuals who may be
SEA 80 — CC 1 43
prohibited from possessing a firearm for the purpose of:
(A) transmitting this information to the Federal Bureau of
Investigation for inclusion in the NICS; and
(B) beginning July 1, 2021, compiling and publishing certain
statistics related to the confiscation and retention of firearms
as described under section 14 of this chapter.
(9) Establish and administer an electronic system for receiving
drug related felony conviction information from courts. The office
of judicial administration shall notify NPLEx of each drug related
felony entered after June 30, 2012, and do the following:
(A) Provide NPLEx with the following information:
(i) The convicted individual's full name.
(ii) The convicted individual's date of birth.
(iii) The convicted individual's driver's license number, state
personal identification number, or other unique number, if
available.
(iv) The date the individual was convicted of the felony.
Upon receipt of the information from the office of judicial
administration, a stop sale alert must be generated through
NPLEx for each individual reported under this clause.
(B) Notify NPLEx if the felony of an individual reported under
clause (A) has been:
(i) set aside;
(ii) reversed;
(iii) expunged; or
(iv) vacated.
Upon receipt of information under this clause, NPLEx shall
remove the stop sale alert issued under clause (A) for the
individual.
(10) After July 1, 2018, establish and administer an electronic
system for receiving from courts felony or misdemeanor
conviction information for each felony or misdemeanor described
in IC 20-28-5-8(c). The office of judicial administration shall
notify the department of education at least one (1) time each week
of each felony or misdemeanor described in IC 20-28-5-8(c)
entered after July 1, 2018, and do the following:
(A) Provide the department of education with the following
information:
(i) The convicted individual's full name.
(ii) The convicted individual's date of birth.
(iii) The convicted individual's driver's license number, state
personal identification number, or other unique number, if
SEA 80 — CC 1 44
available.
(iv) The date the individual was convicted of the felony or
misdemeanor.
(B) Notify the department of education if the felony or
misdemeanor of an individual reported under clause (A) has
been:
(i) set aside;
(ii) reversed; or
(iii) vacated.
(11) Perform legal and administrative duties for the justices as
determined by the justices.
(12) Provide staff support for the judicial conference of Indiana
established in IC 33-38-9.
(13) Work with the United States Department of Veterans Affairs
to identify and address the needs of veterans in the court system.
(14) If necessary for purposes of IC 35-47-16-1, issue a retired
judicial officer an identification card identifying the retired
judicial officer as a retired judicial officer.
(15) Establish and administer the statewide juvenile justice data
aggregation plan established under section 12.5 of this chapter.
(16) Create and make available an application for detention to be
used in proceedings under IC 12-26-5 (mental health detention,
commitment, and treatment).
(17) Create and make available a uniform form to assist a court
in making an indigency determination under IC 35-33-7-6.5.
(b) All forms to be used in gathering data must be approved by the
supreme court and shall be distributed to all judges and clerks before
the start of each period for which reports are required.
(c) The office of judicial administration may adopt rules to
implement this section.
SECTION 49. IC 14-22-12-1, AS AMENDED BY SEA 241-2024,
SECTION 2, AND AS AMENDED BY HEA 1401-2024, SECTION
7, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1. (a) The department may issue the
following licenses individually or in combination and, except as
provided in section 1.5 of this chapter and subject to subsection (b),
shall charge the following minimum license fees to hunt, trap, or fish
in Indiana:
(1) A resident yearly license to fish, eight dollars and seventy-five
cents ($8.75).
(2) A resident yearly license to hunt, eight dollars and
seventy-five cents ($8.75).
SEA 80 — CC 1 45
(3) A resident yearly license to hunt and fish, thirteen dollars and
seventy-five cents ($13.75).
(4) A resident yearly license to trap, eight dollars and seventy-five
cents ($8.75).
(5) A nonresident yearly license to fish, twenty-four dollars and
seventy-five cents ($24.75).
(6) A nonresident yearly license to hunt, sixty dollars and
seventy-five cents ($60.75).
(7) A nonresident yearly license to trap, one hundred seventeen
dollars and seventy-five cents ($117.75).
(8) A resident or nonresident license to fish, including for trout
and salmon, for one (1) day only, four dollars and seventy-five
cents ($4.75).
(9) A nonresident license to fish, excluding for trout and salmon,
for seven (7) days only, twelve dollars and seventy-five cents
($12.75).
(10) A nonresident license to hunt for five (5) consecutive days
only, twenty-five dollars and seventy-five cents ($25.75).
(11) A resident or nonresident yearly electronically generated
stamp to fish for trout and salmon, six dollars and seventy-five
cents ($6.75).
(12) A resident yearly license to take a deer with a shotgun,
muzzle loading gun, rifle, or handgun, thirteen dollars and
seventy-five cents ($13.75).
(13) A resident yearly license to take a deer with a muzzle loading
gun, thirteen dollars and seventy-five cents ($13.75).
(14) A resident yearly license to take a deer with a:
(A) bow and arrow; or
(B) crossbow and bolt;
thirteen dollars and seventy-five cents ($13.75).
(15) A nonresident yearly license to take a deer with a shotgun,
muzzle loading gun, rifle, or handgun, one hundred twenty dollars
and seventy-five cents ($120.75).
(16) A nonresident yearly license to take a deer with a muzzle
loading gun, one hundred twenty dollars and seventy-five cents
($120.75).
(17) A nonresident yearly license to take a deer with a:
(A) bow and arrow; or
(B) crossbow and bolt;
one hundred twenty dollars and seventy-five cents ($120.75).
(18) A resident license to take an extra deer by a means, in a
location, and under conditions established by rule adopted by the
SEA 80 — CC 1 46
department under IC 4-22-2, five dollars ($5).
(19) A nonresident license to take an extra deer by a means, in a
location, and under conditions established by rule adopted by the
department under IC 4-22-2, ten dollars ($10).
(20) A resident yearly license to take a turkey, fourteen dollars
and seventy-five cents ($14.75).
(21) A nonresident yearly license to take a turkey, one hundred
fourteen dollars and seventy-five cents ($114.75).
(22) A resident license to take an extra turkey by a means, in a
location, and under conditions established by rule adopted by the
department under IC 4-22-2, fourteen dollars and seventy-five
cents ($14.75).
(23) A nonresident license to take an extra turkey by a means, in
a location, and under conditions established by rule adopted by
the department under IC 4-22-2, one hundred fourteen dollars and
seventy-five cents ($114.75).
(24) A resident youth yearly consolidated license to hunt and trap,
and fish, six dollars ($6). This license is subject to the following:
(A) An applicant must be less than eighteen (18) years of age
at the time of application, but the license may still be used
when the license holder is eighteen (18) years of age while the
license is still valid.
(B) The license is in lieu of the resident yearly license to hunt
and trap and fish and all other yearly licenses, stamps, or
permits to hunt and trap and fish for a specific species or by a
specific means.
(25) A nonresident youth yearly license to hunt, seventeen dollars
($17). The applicant must be less than eighteen (18) years of age
at the time of application, but the license may still be used when
the license holder is eighteen (18) years of age while the license
is still valid. This license includes all yearly stamps to hunt for a
specific species or by specific means.
(26) A nonresident youth yearly license to trap, seventeen dollars
($17). The applicant must be less than eighteen (18) years of age
at the time of application, but the license may still be used when
the license holder is eighteen (18) years of age while the license
is still valid.
(27) A nonresident youth yearly license to take a turkey,
twenty-five dollars ($25). The applicant must be less than
eighteen (18) years of age at the time of application, but the
license may still be used when the license holder is eighteen (18)
years of age while the license is still valid. This license includes
SEA 80 — CC 1 47
all yearly stamps to hunt wild turkeys and all specific means.
(28) A nonresident youth license to take an extra turkey by a
means, in a location, and under conditions established by rule
adopted by the department under IC 4-22-2, twenty-five dollars
($25). The applicant must be less than eighteen (18) years of age
at the time of application, but the license may still be used when
the license holder is eighteen (18) years of age while the license
is still valid. This license includes all yearly stamps to hunt wild
turkeys and all specific means.
(29) A nonresident youth yearly license to take a deer with a
shotgun, muzzle loading gun, or rifle, twenty-four dollars ($24).
The applicant must be less than eighteen (18) years of age at the
time of application, but the license may still be used when the
license holder is eighteen (18) years of age while the license is
still valid.
(30) A nonresident youth yearly license to take a deer with a
muzzle loading gun, twenty-four dollars ($24). The applicant
must be less than eighteen (18) years of age at the time of
application, but the license may still be used when the license
holder is eighteen (18) years of age while the license is still valid.
(31) A nonresident youth yearly license to take a deer with a:
(A) bow and arrow; or
(B) crossbow and bolt;
twenty-four dollars ($24). The applicant must be less than
eighteen (18) years of age at the time of application, but the
license may still be used when the license holder is eighteen (18)
years of age while the license is still valid.
(32) A nonresident youth license to take an extra deer by a means,
in a location, and under conditions established by rule adopted by
the department under IC 4-22-2, twenty-four dollars ($24). The
applicant must be less than eighteen (18) years of age at the time
of application, but the license may still be used when the license
holder is eighteen (18) years of age while the license is still valid.
(33) A resident senior yearly license to fish, three dollars ($3).
This license is subject to the following:
(A) An applicant must be at least sixty-four (64) years of age
and born after March 31, 1943.
(B) The license is in lieu of the resident yearly license to fish
and all other yearly licenses, stamps, or permits to fish for a
specific species or by a specific means.
(C) The license may still be used if the license holder moves
out of state.
SEA 80 — CC 1 48
(34) A resident senior "fish for life" license, seventeen dollars
($17). This license is subject to the following:
(A) An applicant must be at least sixty-four (64) years of age.
(B) The license applies each year for the remainder of the
license holder's life.
(C) The license is in lieu of the resident senior yearly license
to fish and all other yearly licenses, stamps, or permits to fish
for a specific species or by a specific means.
(D) The license may still be used if the license holder moves
out of state.
(35) A voluntary resident senior yearly license to fish, three
dollars ($3). This license is subject to the following:
(A) An applicant must have been born before April 1, 1943.
(B) The license is instead of the resident yearly license to fish
and all other yearly licenses, stamps, and permits to fish for a
specific species or by a specific means.
(36) A resident license to take a bobcat, fifteen dollars ($15).
(37) A nonresident youth license to take a bobcat, twenty-four
dollars ($24).
(38) A nonresident license to take a bobcat, one hundred twenty
dollars ($120).
(b) The commission may set license fees to hunt, trap, or fish above
the minimum fees established under subsection (a).
(c) In addition to the license fees set under this section, the
department shall establish a procedure to collect voluntary donations
for processing wild game when a hunting license is sold. The minimum
suggested donation must be one dollar ($1). The money collected under
this section shall be deposited in the Indiana sportsmen's benevolence
account (IC 14-9-5-4).
SECTION 50. IC 9-32-2-24.8, AS AMENDED BY SEA 222-2024,
SECTION 1, IS REPEALED [EFFECTIVE JULY 1, 2024]. Sec. 24.8.
"Stop sale directive" means a notification issued by a manufacturer or
distributor stating that a new or used vehicle in inventory may not be
sold or leased at retail or wholesale due to:
(1) a federal safety recall for:
(A) a defect; or
(B) a noncompliance; or
(2) a federal emissions recall.
SECTION 51. IC 20-46-1-8, AS AMENDED BY SEA 270-2024,
SECTION 10, AND AS AMENDED BY HEA 1328-2024, SECTION
28, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 8. (a) Subject to subsections (e), (f),
SEA 80 — CC 1 49
and (g) and this chapter, the governing body of a school corporation
may adopt a resolution to place a referendum under this chapter on the
ballot for any of the following purposes:
(1) The governing body of the school corporation determines that
it cannot, in a calendar year, carry out its public educational duty
unless it imposes a referendum tax levy under this chapter.
(2) The governing body of the school corporation determines that
a referendum tax levy under this chapter should be imposed to
replace property tax revenue that the school corporation will not
receive because of the application of the credit under
IC 6-1.1-20.6.
(3) Except for resolutions described in subsection (b), the
governing body makes the determination required under
subdivision (1) or (2) and determines to share a portion of the
referendum proceeds with a charter school, excluding a virtual
charter school, in the manner prescribed in subsection (e).
(b) A resolution for a referendum for a county described in section
21 of this chapter that is adopted after May 10, 2023, shall specify that
a portion of the proceeds collected from the proposed levy will be
distributed to applicable charter schools in the manner described under
section 21 of this chapter.
(c) The governing body of the school corporation shall certify a
copy of the resolution to place a referendum on the ballot to the
following:
(1) The department of local government finance, including:
(A) the language for the question required by section 10 of this
chapter, or in the case of a resolution to extend a referendum
levy certified to the department of local government finance
after March 15, 2016, section 10.1 of this chapter; and
(B) a copy of the revenue spending plan adopted under
subsection (g).
The language of the public question must include the estimated
average percentage increases certified by the county auditor under
section 10(e) or 10.1(f) of this chapter, as applicable. The
governing body of the school corporation shall also provide the
county auditor's certification described in section 10(e) or 10.1(f)
of this chapter, as applicable. The department of local government
finance shall post the values certified by the county auditor to the
department's website. The department shall review the language
for compliance with section 10 or 10.1 of this chapter, whichever
is applicable, and either approve or reject the language. The
department shall send its decision to the governing body of the
SEA 80 — CC 1 50
school corporation not more than ten (10) days after both the
certification of the county auditor described in section 10(e) or
10.1(f) of this chapter, as applicable, and the resolution is are
submitted to the department. If the language is approved, the
governing body of the school corporation shall certify a copy of
the resolution, including the language for the question and the
department's approval.
(2) The county fiscal body of each county in which the school
corporation is located (for informational purposes only).
(3) The circuit court clerk of each county in which the school
corporation is located.
(d) If a school safety referendum tax levy under IC 20-46-9 has been
approved by the voters in a school corporation at any time in the
previous three (3) years, the school corporation may not:
(1) adopt a resolution to place a referendum under this chapter on
the ballot; or
(2) otherwise place a referendum under this chapter on the ballot.
(e) Except as provided in section 21 of this chapter, the resolution
described in subsection (a) must indicate whether proceeds in the
school corporation's education fund collected from a tax levy under this
chapter will be used to provide a distribution to a charter school or
charter schools, excluding a virtual charter school, under IC 20-40-3-5
as well as the amount that will be distributed to the particular charter
school or charter schools. A school corporation may request from the
designated charter school or charter schools any financial
documentation necessary to demonstrate the financial need of the
charter school or charter schools. Distribution to a charter school of
proceeds from a referendum held before May 10, 2023, does not
provide exemption from this chapter.
(f) This subsection applies to a resolution described in subsection
(a) for a county described in section 21(a) of this chapter that is
adopted after May 10, 2023. The resolution described in subsection (a)
shall include a projection of the amount that the school corporation
expects to be distributed to a particular charter school, excluding
virtual charter schools or adult high schools, under section 21 of this
chapter if the charter school voluntarily elects to participate in the
referendum in the manner described in subsection (i). At least sixty
(60) days before the resolution described in subsection (a) is voted on
by the governing body, the school corporation shall contact the
department to determine the number of students in kindergarten
through grade 12 who have legal settlement in the school corporation
but attend a charter school, excluding virtual charter schools or adult
SEA 80 — CC 1 51
high schools, and who receive not more than fifty percent (50%) virtual
instruction. The department shall provide the school corporation with
the number of students with legal settlement in the school corporation
who attend a charter school and who receive not more than fifty percent
(50%) virtual instruction, which shall be disaggregated for each
particular charter school, excluding a virtual charter school or adult
high school. The projection may include an expected increase in
charter schools during the term the levy is imposed under this chapter.
The department of local government finance shall prescribe the manner
in which the projection shall be calculated. The governing body shall
take into consideration the projection when adopting the revenue
spending plan under subsection (g).
(g) As part of the resolution described in subsection (a), the
governing body of the school corporation shall adopt a revenue
spending plan for the proposed referendum tax levy that includes:
(1) an estimate of the amount of annual revenue expected to be
collected if a levy is imposed under this chapter;
(2) the specific purposes for which the revenue collected from a
levy imposed under this chapter will be used;
(3) an estimate of the annual dollar amounts that will be expended
for each purpose described in subdivision (2); and
(4) for a resolution for a referendum that is adopted after May 10,
2023, for a county described in section 21(a) of this chapter, the
projected revenue that shall be distributed to charter schools as
provided in subsections (f) and (i). The revenue spending plan
shall also take into consideration deviations in the proposed
revenue spending plan if the actual charter school distributions
exceed or are lower than the projected charter school distributions
described in subsection (f). The resolution shall include for each
charter school that elects to participate under subsection (i)
information described in subdivisions (1) through (3).
(h) A school corporation shall specify in its proposed budget the
school corporation's revenue spending plan adopted under subsection
(g) and annually present the revenue spending plan at its public hearing
on the proposed budget under IC 6-1.1-17-3.
(i) This subsection applies to a resolution described in subsection
(a) for a county described in section 21(a) of this chapter that is
adopted after May 10, 2023. At least forty-five (45) days before the
resolution described in subsection (a) is voted on by the governing
body, the school corporation shall contact each charter school,
excluding virtual charter schools or adult high schools, disclosed by the
department to the school corporation under subsection (f) to determine
SEA 80 — CC 1 52
whether the charter school will participate in the referendum. The
charter school must respond in writing to the school corporation at least
fifteen (15) days prior to the date that the resolution described in
subsection (a) is to be voted on by the governing body. If the charter
school elects to not participate in the referendum, the school
corporation may exclude distributions to the charter school under
section 21 of this chapter and from the projection described in
subsection (f). If the charter school elects to participate in the
referendum, the charter school may receive distributions under section
21 of this chapter and must be included in the projection described in
subsection (f). In addition, a charter school that elects to participate in
the referendum under this subsection shall contribute a proportionate
share of the cost to conduct the referendum based on the total
combined ADM of the school corporation and any participating charter
schools.
(j) This subsection applies to a resolution described in subsection
(a) for a county described in section 21(a) of this chapter that is
adopted after May 10, 2023. At least thirty (30) days before the
resolution described in subsection (a) is voted on by the governing
body, the school corporation that is pursuing the resolution and any
charter school that has elected to participate under subsection (i), shall
post a referendum disclosure statement on each school's respective
website that contains the following information:
(1) The salaries of all employees employed by the school
corporation or charter school listed from highest salary to lowest
salary.
(2) An acknowledgment that the school corporation or charter
school is not committing any crime described in IC 35-44.1-1.
(3) A link to the school corporation's or charter school's most
recent state board of accounts audit on the state board of accounts'
website.
(4) The current enrollment of the school corporation or charter
school disaggregated by student group and race.
(5) The school corporation's or charter school's high school
graduation rate.
(6) The school corporation's or charter school's annual retention
rate for teachers for the previous five (5) years.
SEA 80 — CC 1 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 80 — CC 1